HUMAN RIGHTS COUNCIL DISCUSSES VIOLENCE AGAINST WOMEN AND TRAFFICKING IN PERSONS

The Human Rights Council this morning heard presentations by the Special Rapporteur on violence against women, its causes and consequences, and from the Special Rapporteur on the human rights aspects of the victims of trafficking in persons, especially women and children. The Council also heard concluding statements from the Special Rapporteur on extrajudicial, summary, or arbitrary executions, and the Representative of the Secretary-General on the human rights of internally displaced persons.

Yakin Erturk, the Special Rapporteur on violence against women, its causes and consequences, said in the course of 2006, she had conducted missions to Turkey, Sweden and the Netherlands, and was in the process of formulating her findings and recommendations. She had also conducted missions to the Russian Federation, Iran, Mexico, and Afghanistan. In the Russian Federation, the adverse impact of political and economic transition had disproportionately affected women. In Iran, although the principle of equality was enshrined in the Constitution, gender inequality was a salient feature of Iranian society. The high levels of violence against women in Mexico were both a consequence and a symptom of widespread gender discrimination and inequality. The situation for women in Afghanistan remained dramatic, and severe violence against them was all pervasive. Throughout Darfur, a surge in sexual violence continued.

Sigma Huda, Special Rapporteur on the human rights aspects of the victims of trafficking in persons, said all forms of trafficking of persons violated fundamental human rights and presented issues of pressing global concern. While the human rights of women and children were violated in many forms of trafficking, sex trafficking was a particular form of trafficking in which the human rights of women and children were violated because the victims were in fact women and children. That made it important for her to focus on sex trafficking and in particular the role of the prostitute-user in creating demand. Laws and policies that penalized victims of prostitution and trafficking should be condemned. Measures to address demand should ensure that victims of trafficking were neither criminalized not subjected to punitive measures.

Speaking as concerned countries to the reports of violence against women and trafficking in persons were Afghanistan, Iran, Mexico, the Russian Federation, Bosnia and Herzegovina and Lebanon.

Participating in the interactive dialogue were the delegations of Belarus, Argentina, Uruguay, Costa Rica, New Zealand, Chile, Norway, Brazil, Australia, Japan, Finland, Sudan, Canada, Iceland, Morocco, Switzerland, Algeria, Bangladesh, and Thailand.

Philip Alston, Special Rapporteur on extrajudicial, summary or arbitrary executions, responding to the questions and issues that were raised after he presented his reports at the meeting on Tuesday afternoon, said he was greatly reassured by the general tenor of the remarks made, in particular those of the Governments of countries he had visited recently, which had been particularly encouraging, and demonstrated the importance of the dialogue the Council was engaged in.

Walter Kalin, Representative of the Secretary-General on the human rights of internally displaced persons, thanked the delegations for the many positive and encouraging comments on the work he had undertaken during the last year. With reference to how to improve the action of country-teams in the protection of internally displaced persons, the new cluster approach had to be understood as an improved version of the collaborative approach. There also had to be a closer collaboration between Special Procedures and the countries.

Zimbabwe, Philippines, Algeria, Sri Lanka and Georgia exercised their right of reply on the reports on extrajudicial executions and internally displaced persons.

The Council will reconvene at 3 p.m. this afternoon to conclude its discussion with the Special Rapporteurs on violence against women and trafficking in persons. It will then start its discussion on the reports of the Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment; the Chairperson of the Working Group on Arbitrary Detention; and the Special Rapporteur on the independence of judges and lawyers.

Concluding Statements by Special Procedures on Extrajudicial Executions and Internally Displaced Persons

PHILIP ALSTON, Special Rapporteur on extrajudicial, summary or arbitrary executions, responding to the questions and issues that were raised during the meeting on Tuesday afternoon, said he was greatly reassured by the general tenor of the remarks made, in particular those of the Governments of countries he had visited recently, which had been particularly encouraging, and demonstrated the importance of the dialogue the Council was engaged in. In relation to the draft law on amnesty, there would inevitably be a difference between the position of the general international community in relation to amnesties, and that of individual Governments coming out of conflict situations. The international community as a whole was clearly moving towards a fairly strict approach to the question of amnesty laws. The key factor for a special procedure was effectiveness.

In relation to the comments by Nigeria, the Government was thanked for its very cooperative approach, and there was only issue with the question that had arisen with regards to the crimes of sodomy and adultery, and the explanation offered by the Representative was not a compelling one. The Government was requested to reaffirm its legal obligations and acts in such a way as to ensure conformity on the part of the States. With regards to the Government of Iran, the comment that setting a date for a visit took a long time was appreciated. The only way forward was for a visit that allowed for clarification of the cases that continued to be brought to the Special Rapporteur’s attention regarding the execution of juveniles.

With regards to Sri Lanka, which a great number of Governments had focused on, in particular Asian Governments, the Special Rapporteur was pleased that they wished to help resolve the conflict. There was a need for human rights monitoring, ideally with some form of international monitoring mechanism. There was no existing model to be superimposed, and there was a need for an international monitoring arrangement to meet the needs of the people of Sri Lanka. On security, it was a mistake to juxtapose security and human rights - the road to security led through respect for human rights.

WALTER KALIN, Representative of the Secretary-General on the human rights of internally displaced persons, thanked the delegations for the many positive and encouraging comments on the work he had undertaken during the last year. With reference to the Balkans, he was pleased to have heard expressions of commitment to the Sarajevo Process. The Sarajevo Process was key to bring peace to the region, and therefore had to be sped up and translated into action.

On country-related questions, Mr. Kalin said that to be able to secure humanitarian access in Darfur, the Abuja Peace Agreement had to be fully implemented so that there would not be a return to the use of force, and there should also be a strong presence of peacekeeping forces. With reference to the presence of the African Union peacekeeping force, it had a positive impact on the protection of internally displaced persons, but it was insufficient overall. The United Nations peacekeeping forces would play a key role and their deployment should be agreed upon as proposed. On Zimbabwe, the situation had not improved in the last year and the measures undertaken by the Government were insufficient. In Sri Lanka, he agreed that domestic response to a natural disaster during the first 48 hours was of paramount importance, as had also been demonstrated in the response to the earthquake in Pakistan.

On United Nations security measures, a balance had to the struck between the needs of humanitarian workers to have access to the populations in distress and those of the peacekeeping missions.

With reference to how to improve the action of country-teams in the protection of internally displaced persons, the new cluster approach had to be understood as an improved version of the collaborative approach. There also had to be a closer collaboration between special procedures and the countries.

On a question on whether the Guiding Principles would also apply to natural disasters, the answer was affirmative. These Guiding Principles were important to the protection of internally displaced persons and also persons affected by a natural disaster.

Right of Reply

ENOS MAFEMBA (Zimbabwe), in a right to reply, said that yesterday’s statement by Finland on Murambatsvina (operation clean up) wanted to bring confusion in the Council. The figures given did not even tally with those in the infamous Tabaijuka Report, which Zimbabwe had rejected as not balanced since it was written at the instigation and assistance of one of the EU Member States with the aim of demonising Zimbabwe. The Representative of Finland did not mention that Zimbabwe was providing decent houses to its people on the acquired farms using its own resources. Nobody in Helsinki would tell Zimbabwe how bad Murambatsvina was without telling how good Garikayi operation was and support the State. Zimbabwe was not a colony and did not want to expose that astounding and astonishing hypocrisy since Zimbabwe was not blind to violations of human rights by those who clamed to be custodians of democratic values. Zimbabwe appreciated that the delegate of Finland was ignorant about the complex nature of the bilateral dispute with a country that because of its weird colonial past in Zimbabwe had no shame hormones when dealing with Zimbabwe.

HENDIK GARCIA (Philippines), in a right of reply, said with regards to a statement made by a non-governmental organization yesterday, the Government of the Philippines was pursuing exercises at the highest levels to pursue incidents of extrajudicial killings. The killings of political activists and journalists had no place in the country or Government, and the President had affirmed this. A special task force had been created to investigate political killings and attacks on journalists. Work was being done to eradicate the root causes of extrajudicial killings and break the cycle of violence once and for all. The President had recently met with Amnesty International to discuss these means. These domestic initiatives should be fully supported, and given the opportunity to make changes and progress.

There was a need to investigate the motives of allegations. It should only be after careful and systematic investigation that such offences be classed as human rights violations. Substantiation of allegations should be done in all cases.

IDRISS JAZAÏRY (Algeria), speaking in a right of reply in response to Mr Alston’s comments this morning, said he had referred to the Charter and Peace and National Reconciliation as an amnesty law, despite the public statements by the Head of State saying that the law did not encompass amnesty. Priority should be given to bilateral and lateral diplomacy, before resorting to press releases, which latter should be resorted only to under circumstances which the Human Rights Council should determine in the future. Mr. Alston had not respected diplomatic law and practice and addressed his comments to the appropriate bodies. Special Rapporteurs should not see their task as being above the law.

SARALA FERNANDO (Sri Lanka), in a right of reply, said Mr. Alston seemed to try to confuse the issue of Sri Lanka’s initiative of setting up an Independent International body of Eminent Persons to observe the investigations into alleged human rights violations. It was only last week that Sri Lanka delivered a letter to the High Commissioner requesting her to make nominations of international human rights experts to this body. Sri Lanka hoped Mr. Alston did not try to confuse the Council deliberately, given his high credentials. He had also tried to confuse the Council with regard to the discussion it held yesterday where many countries expressed their solidarity and sympathy for Sri Lanka as well as their appreciation for the ready cooperation Sri Lanka had extended to all Special Procedure mechanisms. It was not an expression of support for the views expressed by Mr. Alston.

TEIMURAZ BAKZADZE (Georgia), speaking in a right of reply, said on the groundless and cynical imputations of the Russian delegation, the latter had not even troubled to read the report of the Special Rapporteur. Yesterday, the situation in Abkhazia and South Ossetia had been addressed, and it would also be addressed in the future.

Reports to be Presented to the Council

A report (E/CN.4/2006/61) entitled the due diligence standard as a tool for the elimination of violence against women by Yakin Erturk, Special Rapporteur on violence against women, its causes and consequences, says the failure of international human rights law to adequately reflect and respond to the experiences and needs of women has stimulated much debate on the mainstream application of human rights standards. This has resulted in the transformation of the conventional understanding of human rights and the doctrine of State responsibility. Under the due diligence obligation, States have a duty to take positive action to prevent and protect women from violence, punish perpetuators of violent acts and compensate victims of violence. However, the application of due diligence standard, to date, has tended to be State-centric and limited to responding to violence when it occurs, largely neglecting the obligation to prevent and compensate and the responsibility of non-State actors.

The current challenge in combating violence against women is the implementation of existing human rights standards to ensure that the root causes and consequences of violence against women are tackled at all levels from the home to the transnational arena. The multiplicity of forms of violence against women as well as the fact that this violence frequently occurs at the intersection of different types of discrimination makes the adoption of multifaceted strategies to effectively prevent and combat this violence a necessity. In this regard, the potential of the due diligence standard is explored at different levels of intervention: individual women, the community, the State and the transnational level. At each level, recommendations for relevant actors are highlighted. The report concludes that if we continue to push the boundaries of due diligence in demanding the full compliance of States with international law, including to address the root causes of violence against women and to hold non-State actors accountable for their acts of violence, then we will move towards a conception of human rights that meets our aspirations for a just world free of violence.

An addendum to the above report (E/CN.4/2006/61/Add.1) contains, on a country-by-country basis, summaries of general and individual allegations, as well as urgent appeals transmitted to Governments between 1 January and 31 December 2005, as well as replies received during the same period. Observations made by the Special Rapporteur have also been included where applicable. An addendum to the above report (E/CN.4/2006/61/Add.2) contains an account of the Special Rapporteur’s mission to the Russian Federation. An addendum to the above report (E/CN.4/2006/61/Add.3) contains an account of the Special Rapporteur’s mission to the Islamic Republic of Iran. An addendum to the above report (E/CN.4/2006/61/Add.4) contains an account of the Special Rapporteur’s mission to Mexico. An addendum to the above report (E/CN.4/2006/61/Add.5) contains an account of the Special Rapporteur’s mission to Afghanistan.

The Council also has before it the report of the Special Rapporteur on the human rights aspects of the victims of trafficking in persons, especially women and children, Sigma Huda (E/CN.4/2006/62, Add.1, Add.2 and Add.3) for its consideration. The report is submitted in accordance with Commission on Human Rights decision 2004/110 and covers the period January-December 2005. The addenda to the report are a summary of cases transmitted to Governments and replies, as well as the Special Rapporteur’s missions to Bosnia and Herzegovina and Lebanon. The main report is divided into three sections and outlines the Rapporteur’s activities during the reporting period, while section two and three are devoted to thematic study on the relationship between trafficking and the demand for commercial sexual exploitation and conclusions and recommendations. Among the recommendations were human rights approach to trafficking; and criminalizing the use of prostituted persons. Information, education and advocacy campaigns against trafficking have also been recommended by the Rapporteur.

Presentation of Reports by Special Procedures

YAKIN ERTURK, Special Rapporteur on violence against women, its causes and consequences, said it was a firmly established principle of international law that States had a duty to take positive action to prevent and protect women from violence, to punish perpetrators and to assure compensation for victims, and failure to do so constituted a breach of international law. The application of the due diligence standard had tended to be limited to responding to violence when it occurred, largely neglecting the obligation to proactively prevent violence. This included the duty to address the root causes of violence, namely unequal power structures and gender-based discrimination in all its shapes and forms. A State, therefore, could not be said to live up to the full range of its obligations related to violence against women as long as it allowed discriminatory laws and practices to prevail.

States should employ alternative approaches to supplement the human rights discourse in their interventions at the individual and community level and in State apparatuses and the transnational arena. One such alternative approach was the empowerment discourse as engrained in the Beijing Platform for Action, which embraced the progressive realisation of the full range of rights - economic, social, cultural, civil and political. Another effective approach was cultural negotiation, which required a State’s active engagement in the promotion and support of a public dialogue aimed at transforming discriminatory values and norms.

In the course of 2006, Ms. Erturk said she had conducted missions to Turkey, Sweden and the Netherlands, and was in the process of formulating her findings and recommendations. She had also conducted missions to the Russian Federation, Iran, Mexico, and Afghanistan. In the Russian Federation, the adverse impact of political and economic transition had disproportionately affected women. In Iran, although the principle of equality was enshrined in the Constitution, gender inequality was a salient feature of Iranian society. The high levels of violence against women in Mexico were both a consequence and a symptom of widespread gender discrimination and inequality. The situation for women in Afghanistan remained dramatic, and severe violence against them was all-pervasive. Throughout Darfur, a surge in sexual violence continued.

SIGMA HUDA, Special Rapporteur on trafficking in person, especially women and children, said she continued to receive complaints of cases of trafficking in persons, especially women and children, on the basis of which she transmitted to governments numerous communications. The communications concerned a wide array of issues including trafficking for purposes of commercial sexual exploitation, forced marriage, forced labour, child labour, and exploitation of children in armed conflict. Communications also addressed disappearances of children, contemporary forms of slavery and systematic sexual violence perpetrated by States or armed non-state actors. A number of communications also addressed factors that caused or exacerbated trafficking in persons such as inadequate legislation, law enforcement gaps, corruption, refoulement despite a well-founded fear of torture or persecution, discrimination on the basis of gender, race or social status, poverty and lack of access to education.

Speaking on the relationship between trafficking and the demand for commercial sexual exploitation, the Special Rapporteur said all forms of trafficking of persons violated fundamental human rights and presented issues of pressing global concern. While the human rights of women and children were violated in many forms of trafficking, sex trafficking was a particular form of trafficking in which the human rights of women and children were violated because the victims were in fact women and children. That made it important for her to focus on sex trafficking and in particular the role of the prostitute-user in creating demand. It should also be noted that the prostitute used was simultaneously both demand creator and virtue of the receipt of the trafficked person, a part of the trafficking chain. Moreover, the demand for commercial sex was often further grounded in social power disparities of race, nationality, caste and colour. The laws and policies that penalized victims of prostitutions and trafficking should be condemned. Measures to address demand should ensure that victims of trafficking were neither criminalized not subjected to punitive measures.

Ms. Huda said she had conducted country missions to Bosnia and Herzegovina and Lebanon in 2005. In Bosnia and Herzegovina, despite major positive changes having been made to the laws and the institutional settings dealing with trafficking, weaknesses persisted. Increased attention had to be paid to the emerging phenomenon of internal trafficking and the mechanisms in place to combat trafficking and protect the persons involved had to be reviewed and adapted so as to ensure that they properly covered nationals. In Lebanon, her visit had allowed her to confirm that despite some progress and a clear willingness from the authorities to address the problems of trafficking and the human rights issues tightly linked to this, the Government was still not fully meeting international obligations with regard to trafficking in persons. She had four broad recommendations for the Lebanese authorities, including that they should adopt legal reforms to criminalize all forms of trafficking and strengthen the labour law framework, and that they should assure an effective prosecution of acts of trafficking and related crimes.

Statements by Concerned Countries

ASSAD OMER (Afghanistan), speaking as a concerned country, said that Afghanistan was in reconstruction after more than 20 years of war, and 5 years in the dark. The Special Rapporteur’s report showed that Afghanistan was still far from realising the goals which the country was striving to attain. Notwithstanding this, the Constitution contained an explicit reference to the Universal Declaration on Human Rights, and out of the 249 deputies to the national Parliament, there were 70 women, which made up 27 per cent of the entire number. The issue of women was one of the priorities in the policy of development which was in place in the country.

Afghanistan could not ignore that women were the first victims of insecurity, poverty, malnutrition and the high figures of maternal mortality. Facing up to growing insecurity due to terrorist attacks coming from outside, the country still managed, with international aid, to encourage women to take once more the place that was owed them in Afghan society. Since the liberation of the country, the percentage of school attendance for young girls kept on growing, and this growth was visible both in urban and in rural areas.

ALI REZA MOAYERI (Iran), speaking as a concerned country, expressed appreciation for the visit of Professor Yakin Erturk, the Special Rapporteur on violence against women, its causes and consequences. Iran hoped that that visit paved the way for a better understanding of the situation and contributed to the advancement of the rights of women in Iran. Positive trends and an ever deepening insight on the rights of women in Iran would only be strengthened, and consolidated by a fair, realistic and forward looking attitude on the part of the international human rights mechanisms. A great deal of discussion and debate at the international level had been and was still addressing the issue of women’s status in present day Iranian society; however, only a few among them had been able to avoid painting a grim picture of the situation of the women in Iran. It was in that context the role of the Special Rapporteur became essential as an impartial arbiter to open a window to the United Nations human rights system to show what Iranian women had achieved over the last couple of decades, by way of strength, optimism and courage and what challenges lay ahead to overcome and go forward. On the substance of the report, Iran said that no one could claim to be perfect. Wiping out all positive steps by allegations such as continuing reports of violations of women’s human rights, the high rate of unemployment for women, restriction of political activities and the like, downgraded the report to a political statement. Unemployment was a national economic problem targeting men and women alike. When women set up their NGOs, became members of parliament, were assigned to high ranking official posts such as vice-president, launched their campaign for their rights and so on, allegations on restriction on political activities for women became difficult to understand.

PABLO MACEDO (Mexico), speaking as a concerned country, said that the Special Rapporteur on violence against women, its cause and consequences had visited Mexico and the Government had collaborated in her work. Mexico had undertaken many efforts for the promotion and protection of women’s rights in the society. A series of measures had also been taken against violence perpetrated on women. Mexico also recognized that much remained to be done in order to prevent violence in the society. As the Special Rapporteur indicated, still there was room for improvement. After assessing the recommendations of the Rapporeteur, the Government would continue to further take measures to improve the situation of women in the country and reduce the rate of violence.

A Special Procurator’s office had been established to deal with gender-related violence. Such offices would also be extended in all areas in order to deal with violence. The specialized office had presented its report in which homicide cases involving women had been included. Information and statistical data had been collected by the office referring cases of murders in Chiwawa. In August this year, the national institute for indigenous development had also been involved in dealing with cases of violence against women. The Government believed that change in public attitude was essential to bring a real change in the society with regard to violence against women.

VALERY LOSHCHININ (Russian Federation), speaking as a concerned country, said on the report of the Special Rapporteur on violence against women, when the Russian Federation had invited her, it had counted on an objective analysis of the situation in respect of women’s rights, including the prevention and prosecution of violence. During her visit, the Special Rapporteur had been provided with an opportunity to communicate with regional authorities, women’s and non-governmental organizations, and officials had provided information and answered questions. However, the report was politicised and not impartial - it gave the impression that there was a State policy of violence against women, which was occurring against a background of prevailing insecurity at large. Those familiar with the contemporary reality in Russia and the role of women in society could not accept these affirmations.

Women were the greater part of the population of the country, and almost half of the working resources. They were actively moving into new areas of entrepreneurship, and were 70 per cent of State civil servants, 60 per cent of the overall number of judges at all levels, and the number of women entering the armed forces and the forces of law and order were constantly growing. Such a State could not be conducting a deliberate policy of discrimination and violence against the majority of the population. If such were the case, then the Russian Federation would not be seeing the situation of economic growth and other advances that it was seeing today. There were problems, and there were crimes of violence, and disfavoured families where women and children were subjected to violence. There was no one single recipe to resolve these issues. The recommendations addressed to the Government on the basis of unreliable information could not be accepted. The mandate of the Special Rapporteur should be substantially changed and corrected.

SAMIR RIZVO (Bosnia and Herzegovina), speaking as a concerned country, thanked Sigma Huda, the Special Rapporteur on trafficking in persons, especially women and children, for the visit to Bosnia and Herzegovina and for today’s presentation of her report. Bosnia and Herzegovina thanked the Special Rapporteur for having stated in her conclusions that since the emergence of the phenomenon of trafficking in persons, the Government of Bosnia and Herzegovina had spared no effort in combating it. Bosnia and Herzegovina was glad that it had been recognized by the Special Rapporteur that the situation in the areas of prevention and suppression of trafficking in Bosnia and Herzegovina had changed substantially since the adoption of the National Plan of Action. A large number of foreign women who were illegally in Bosnia and Herzegovina had left, many bars were closed, and several persons involved in trafficking were serving prison sentences. Major changes had occurred in the legislation and the institutional setting to deal with trafficking, law enforcement, border control, identification of and assistance of victims and prosecution of perpetrators. Bosnia and Herzegovina fully agreed with the Special Rapporteur’s conclusion that, however, weaknesses persisted in all of these areas and that efforts must continue to achieve further progress towards breaking the trafficking cycle.

GEBRAN SOUFAN (Lebanon), speaking as a concerned country with regard to the mission of the Special Rapporteur on the human rights aspects of the victims of trafficking in persons, said the Lebanese Government welcomed the visit of the expert and acknowledged the need to continue to address the issue of human trafficking, mainly concerning domestic migrant workers and any other abuse to workers. The recommendations of the Rapporteur were a guiding framework to the Government and civil society on how to better prevent and combat trafficking and protect trafficked persons. The Ministry of Justice was keen to thanking her as well as the Office of the High Commissioner for Human Rights for the efforts deployed to prepare a report which reflected the appropriate initiative to assist Lebanon as well as the international community. Trafficking in children was not an issue in Lebanon. The root causes of human trafficking should be addressed in the transit, destination countries, and also in the sending States.

Interactive Discussion

SERGEI ALEINIK (Belarus) said the mandate of the Special Rapporteur on trafficking had been created fairly recently, but the report contained clear areas for future work. The intention to pay heightened attention to the issue of demand was appreciated, as this was an important issue, and the combat against trafficking had not yet been reacted to fully by the international community. During her action to carry out her mandate, the Special Rapporteur should enjoy a degree of support from the Council and the High Commissioner’s Office.

The Government of Belarus was working actively with the thematic procedures with the aim of improving the national legislative system. The Special Rapporteur on trafficking had been sent an official invitation to visit, and it was hoped this would soon took place, and she would learn about the efforts made in the country to counter trafficking, and make suggestions in this regard, and it was hoped this would include elements on regional cooperation.

SERGIO CERDA (Argentina) thanked Sigma Huda, the Special Rapporteur on trafficking, for her report and encouraged her to continue her work along those lines. Argentina also praised the excellent recommendations contained in the report. It agreed with the inclusion of the theme of supervision, and also stated that the issue of sexual tourism was a broad one and had to be tackled in conjunction with the other issues dealt with in her report. Lastly, Argentina said that it was important to identify best practices, and also interact with the Committee on the Rights of the Child.

ALEJANDRA DE BELLIS (Uruguay), referring to the report on violence against women, said Uruguay shared the aspects reflected in the report. The Special Rapporteur had stressed the lack of insufficiency in legislation and measures to protect women. However, there were no resources made available to effectively protect women from violence. Could the Rapporteur explain from the point of view of good practice how to effectively protect women in the event of scarce resources.

LUIS VARELA QUIROS (Costa Rica) said on the report on trafficking, Ms. Huda was thanked for the straightforward way in which she dealt with this sensitive theme. Costa Rica was concerned for the sexual exploitation of children, and had implemented programmes to protect children, and all violations of rights were reported. Costa Rica’s heritage of boys and girls was the future of the country, and this was why it attached high value to them. What measures should be adopted by the international community to ensure that the Internet was not used by offenders to engage in activity related to the mistreatment of children, the speaker asked the Special Rapporteur.

MILINDA HILL (New Zealand) said that the mandate of the Special Rapporteur on violence against women was one of the most important mandates for New Zealand. New Zealand had commented on the concept of exercising due diligence in the prevention, investigation and punishment of violence against women in such a dialogue two years ago. Ms. Erturk’s report to the Council this year provided a very comprehensive answer. As her report made clear, due diligence in this context was an international human right. But States would continue to require guidance about how to implement this standard because of the potential scope of the concept and the role of non-state actors. New Zealand considered Ms. Erturk’s advice an invaluable resource, especially as they moved to consideration of the Secretary-General’s comprehensive report and the new debate at the General Assembly.

PATRICIO UTRERAS (Chile), with regard to the report on trafficking in persons, said that report contained valuable information on the issue. Trafficking in persons was an alarming phenomenon and had become the third most powerful trade next to drug and arms trafficking. It used women and children for prostitution. In Chile, that phenomenon had started to emerge, however, the Government was taking appropriate measures to combat it. It was essential that States should taken actions in order to penalize the traffickers and protect the victims.

ASTRID HELLE AJAMAY (Norway) said the Special Rapporteur and the Secretary-General’s Representative were thanked for their reports, and the two mandates were very important. The reports took up important aspects with regards to the protection of human rights. It was important to focus on sex-trafficking and the role of the user in creating demand. There was a fine line between the sex industry and trafficking in human beings. Criminal sanctions relating to the sex industry should not be used to penalise the victims. On the relationship between the mandate of the Special Rapporteur on trafficking and that of the Special Rapporteur on child prostitution and child pornography, how could this be strengthened to bring a halt to trafficking in children, the speaker asked.

MAGALI NAVES (Brazil) congratulated both Special Rapporteurs for their reports. First, with reference to Ms. Huda’s report, Brazil had ratified in March 2004 the International Convention Against Transnational Organized Crime and its two Protocols. The adoption of those instruments was a legal milestone. The Special Secretariat of the Presidency of the Republic on Human Rights and the Ministry of Justice were the entities mainly responsible for combating trafficking in women and girls. In 2004, Brazil, together with MERCOSUR countries, launched a campaign to alert the public opinion against the crime of trafficking in persons and to denounce the perpetrators. In the social area, Brazil had also taken measures to facilitate the access of women and girls to education, health and to the labour market to prevent prostitution. The fight against trafficking in women and girls would only be successful if governments combined judicial and repressive actions with investments in the social area, which were the main causes of prostitution.

GUY O’BRIEN (Australia) welcomed the report of the Special Rapporteur on violence against women and its consequences on the due diligence standard as a tool for eliminating gender-based violence. The report raised the bar on the issue and focused on the implementation challenges that the international community was faced in addressing gender-based violence. The report mentioned that the response to violence against women had been fragmented and treated in isolation from the wider concern for women’s rights and equality due to narrow interpretation and application of human rights law. The Rapporteur had noted the potential of the due diligence standard and suggested two options for how States could or should implement their obligation to exercise due diligence in eliminating violence against women. Could the Rapporteur elaborate on those options, and provide examples so as to show how States could implement either one?

SHIGERU ENDO (Japan) said trafficking in persons was a grave violation of human rights, and with globalisation and the widening in the economic gap, human trafficking had become a growing threat, and the international community should cooperate to implement measures against it. The issue of the demand for commercial sexual exploitation was crucial in protecting the rights of human beings. Japan had amended its penal code to punish prostitute-users and those in the trafficking business. It had also taken legal measures to protect trafficked users. Japan believed any counter-trafficking measures could not be successfully achieved without cooperation between countries of origin and destination, and had dispatched officials to those States to counter trafficking.

KIRSTI POHJANKUKKA (Finland), speaking on behalf of the European Union, said the analysis in the report of the way in which control over women’s sexuality was at the heart of political and cultural justifications for violence against women, and noted the concern over violence directed against women on the grounds of their sexuality and gender identity, and asked for the Special Rapporteur’s suggestions on how the international community could better address these concerns. How had the Independent Afghan Commission’s report been received, the speaker asked. The report of Ms. Huda contained a clear analysis of the causes of trafficking, and of the influence of demand on this phenomenon. What were the most efficient means of reducing trafficking, and how should the demand for trafficked persons be addressed at the national level, she asked.

ATTIAT MUSTAFA (Sudan), referring to the report of the Special Rapporteur on violence against women, asked why she specifically mentioned the situation in Darfur while ignoring violence that was taking in other regions. The Government had created units, including in Darfur, to work on gender-based violence. Those who committed crimes of rape or other violence had so far been prosecuted. A plan of action at the national level had been developed to identify the perpetrators and to punish them, while assisting the victims, including medical treatment.

TERRY CORMIER (Canada) asked how did Ms. Erturk see her work being affected by the Study of the Secretary-General on violence against children which would be launched on October 9.

EDDA MAGNUS (Iceland) said full compliance and global adherence to international human rights law was of utmost importance, and it was essential for each and every Government to address violence against women on its own doorstep. It would be interesting to receive more information regarding violence committed against honour, and how extensive this problem was, where problems lay, and what were the possible measures to be taken by the international community.

MOHAMMED LOULICHKI (Morocco) said that the elimination of violence against women was a goal to be pursued by all States. The elimination of such violence was part of the efforts to further the emancipation of women. In that respect, it was paramount to implement to Beijing Plan of Action as well as the Millennium Development Goals. Morocco had taken a number of steps towards the elimination of violence against women, such as the creation of a new family code, the royal decree granting citizenship to children born from non-Moroccan fathers and Moroccan mothers, the establishment of shelters for women victims of violence, a toll-free phone line to assist women, as well as the support of NGOs dealing with violence against women. Morocco encouraged the international community to continue strengthening the partnership between civil society and governments to combat this scourge.

JEAN-DANIEL VIGNY (Switzerland) asked the Special Rapporteur on violence against women if more States were using the notion of due diligence in order to consolidate the fundamental rights of women. What measures should be taken in order that more States use the notion? With regard to trafficking in persons, the human rights of women should be the main focus when looking at strategies to combat human trafficking. He asked the Special Rapporteur on trafficking in women and children, how the Rapporteur would assess the risk of pushing prostitution out of sight and making sex workers and victims of trafficking even more vulnerable to human rights abuses by criminalizing prostitution. Did the criminalization of prostitution, as a strategy in combating human trafficking, serve the best human rights of women?

JUNEVER MAHILUM WEST (Philippines) said the two Special Rapporteurs were commended for their reports and for their extensive and thought-provoking work. Both were important mandates. On trafficking, the recommendations were supported, and the human rights of the victims should always be upheld, and it would be an injustice to put the future responsibility of trafficking on the victims. The Special Rapporteur could include assessment of national measures in her future work to compile a list of best practices.

IDRISS JAZAÏRY (Algeria) said the elimination of violence against women was part of the promotion of women’s rights overall, and Algeria had amended its family code to give priority to women in certain realms, including divorce law and access to the family code, and sexual harassment had been criminalized. Algeria regretted it had not received the Special Rapporteur this year, and looked forward to doing so next year. Women had been the particular victims of violence during terrorist acts in the 1990s. The penal code condemned all violence, including against women and in the family. Sanctions were published in the media to increase awareness in society, and the Ministry for Women organised days of study to promote heightened awareness.

MARINA KORUNOVA (Russian Federation) praised the report of the Special Rapporteur on trafficking in persons for having rightly focused in the discussion on the question of trafficking, especially women and children, as a question that required combating demand, as it was demand that was one of the sources of trafficking. In addition, the Russian Federation focused on the need to get rid of the social causes that gave place to prostitution and encouraged trafficking. It was also important to address labour conditions that required cheap labour, and combat crime networks involved in trafficking.

MUSTAFISUR RAHMAN (Bangladesh), referring to the report on trafficking on women and children, said that the Special Rapporteur should give further thought on the issue of demand for prostitutes, which she had already dealt with.

AMNART NETAYASUPHA (Thailand) said the two reports were very interesting and constructive. Great importance was attached to the empowerment of women and the creation of equal treatment between the sexes. The Government of Thailand was drafting an Act aimed at reducing violence against women and improving their situation. Thailand was in the process of drafting an Act on Trafficking in Human Beings, and was implicated in combating this phenomenon in Asia. Thailand invited Ms. Huda to visit the country early next year.


CORRIGENDA

In press release HR/HRC/06/39 of 19 September, the statement by Fabio Burrafato of the International League for the Rights and Liberation of Peoples, should read as follows:


FABIO BURRAFATO, of International League for the Rights and Liberation of Peoples, in a joint statement with Mouvement contre le racisme et pour l’amitié entre les peoples (MRAP) and Europe-Third World Centre, said that Turkey pretended that Kurds were considered as equal citizens. However, in practice, there was a contradictory picture. The most underdeveloped region of Turkey was the region where Kurds lived. That region was deprived of any economic undertakings that could benefit the people. The Turkish security forces were very quick in finding criminals, however, the Government had not shown the same readiness in the cases of Kurds killed by unknown state agents who continued to kill.

In press release HR/HRC/06/39 of 19 September, the statement by John Fisher of Canadian HIV/AIDS Legal Network should read as follows:

JOHN FISHER, of Canadian HIV/AIDS Legal Network, commended the report of Mr. Alston, particularly with reference to having affirmed in strong terms the condemnation of the killing of lesbians and gays. A Member State had stated earlier during the discussions that the killings of people on account of their sexual and gender orientation was “appropriate and acceptable.” Whenever a State was involved in such serious violations, it demanded swift condemnation. The Network requested further information from the Special Rapporteur concerning his reference to the execution of people in Iran based on their sexual orientation, an issue on which he had not yet received information from the Government of Iran.


For use of the information media; not an official record

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