Human Rights Council
Human Rights Council holds panel discussion on giving voice to the victims of human trafficking
02 June 2010
AFTERNOON
2 June 2010
The Human Rights Council this afternoon held a panel discussion on giving voice to the victims of human trafficking.
Opening the discussion, Kyung-Wha Kang, Deputy High Commissioner for Human Rights, said despite the committed endeavors of many, persistent and growing economic disparities, conflict and discrimination pushed those who were most vulnerable into dangerous situations from which they could not escape. The trafficking of persons entailed the worst forms of human rights violations and abuses. Slavery, declared abolished long ago, continued to exist in this contemporary form. The trafficking of persons fell into many different forms of exploitation: in factories, construction sites, factories, brothels and private households, just to name a few.
Joy Ngozi Ezeilo, the Special Rapporteur on trafficking in persons, especially women and children, said that victims should be at the centre of the international response to trafficking. Many States and regional and sub-regional organizations still focused their policies almost exclusively on the criminalization of traffickers, leaving the protection of the rights of the victims as a peripheral matter. In order to be effective governmental policies should put the rights of the victims at the core of their strategies and actions and a human rights-based approach should guide efforts in the prosecution of traffickers.
Charlotte Awino, Kumar Ramjali, Jana Kohut, Kikka Cerpa and Andrej Pura gave statements detailing their experiences as victims of human trafficking. They were from different regions of the world and had been trafficked for sexual exploitation and labour exploitation both in the context of peace and armed conflict. Another panellist was Angelina Atyam. The panellists said that the victims of trafficking needed counselling, support reintegrating into society and educational and housing support. More education and awareness raising projects were also needed, as well as the creation of a network of medical institutions, local communities, companies, governments and individuals to address the issue. There was also a need for victim and survivor intervention centers.
Summing up the panel discussion, the acting President of the Council, Ambassador Hisham Badr, said today’s panel was an exceptional opportunity to give voice to the victims of trafficking. The discussions had shed further light on the nature of human trafficking and the need to apply a human rights-based approach in addressing trafficking. The recommendations formulated by the panellists should serve as guidance in the devising of strategies and action to combat trafficking.
During the interactive dialogue following the panel, many countries expressed their thanks to the brave women and men who gave testimony regarding their hardships as victims of trafficking. Among issues raised during the discussion was that it was important that victims of trafficking did not remain hidden by facts and figures - they must be heard, and must be allowed to alert Governments and other stakeholders about shortcomings in the protection of their rights. The alarming reality was that the vast majority of the victims of trafficking were never identified, and thus Governmental bodies needed to be strengthened in order to remedy this situation and find solutions. Speakers also noted that the current global recession had increased the risk of trafficking and exploitation, and the achievement of the Millennium Development Goals would help to combat its roots, notably poverty, and help break the cycle. Victims were often the only witnesses, and it was the task of the international community to put into place the appropriate measures to protect their rights and interests. Well-designed, coordinated, and comprehensive programmes and approaches were required, from a pragmatic perspective, in order to be sure of success.
Speaking during the interactive dialogue were the representatives of Germany, Brazil, Spain, Philippines, Mexico, Pakistan on behalf of the Organization of the Islamic Conference, Burkina Faso, Colombia on behalf of the Latin American and Caribbean Group, Republic of Congo, Slovakia, Thailand, Tunisia, France, Russian Federation, Indonesia, Nigeria on behalf of the African Group, Belarus, Australia, Nepal, Argentina, Paraguay, United States, Switzerland, Morocco, China, Turkey, Uruguay, Azerbaijan, Lithuania, Egypt, Panama, Algeria, Peru, Republic of Korea and Slovenia. Also speaking were the non-governmental organizations: Global Alliance against Traffic in Women and International Federation Terre des Hommes, and the Human Rights Commission of the Philippines.
A brief video message from British actress Emma Thompson was also heard.
The Human Rights Council is scheduled to hold an all day meeting on Thursday, June 3 from 9 a.m. to 6 p.m. The Council will continue its interactive dialogue with the Special Rapporteur on the independence of judges and lawyers and the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism. The Council is also scheduled to begin an interactive dialogue with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Special Rapporteur on extrajudicial, summary or arbitrary executions, and the Special Rapporteur on trafficking in persons, especially in women and children.
Statement by Deputy High Commissioner for Human Rights
KYUNG-WHA KANG, Deputy High Commissioner for Human Rights, thanked the panellists in advance for agreeing to share their stories of human trafficking. Their stories were a powerful reminder of this very serious issue and how the human rights of victims must lie at the centre of all efforts to prevent and combat human trafficking. Despite the committed endeavours of many, persistent and growing economic disparities, conflict and discrimination pushed those who were most vulnerable into dangerous situations from which they could not escape. The trafficking of persons entailed the worst forms of human rights violations and abuses. Slavery, declared abolished long ago, continued to exist in this contemporary form. The trafficking of persons fell into many different forms of exploitation; in factories, construction sites, factories, brothels and private households, just to name a few.
Listening carefully to the victims and survivors and understanding their needs was key to the rights-based approach to trafficking. Trafficking should be dealt with as a transnational crime as well as a challenge to the ever growing issue of cross-border migration. But, more fundamentally, trafficking should be seen as an attack on the dignity and integrity of the individual. Trafficking involved practices prohibited in every country, including slavery, debt bondage, forced labour and sexual exploitation. It impacted on the most fundamental human rights: the right to life, to equality, dignity and security, the right to health, freedom of movement, freedom from violence and abuse, etc. These were rights to which all humans were entitled, without discrimination.
In the effort to eradicate human trafficking, it was important to tackle the shady power structures that perpetuated the impunity enjoyed by traffickers and denied justice to victims. It was clear that the first step in this victim-centred approach was to listen to the victims and survivors. Listening to their experiences and insights were essential to crafting better and more effective responses. The Human Rights Council had great contributions to make in realizing the goal of ending human trafficking and related forms of exploitation. The response of States to trafficking should be monitored and measured against their international legal obligations. The Deputy High Commissioner also called on all States to sign the Palermo Protocol to prevent and suppress human trafficking as, to date, only 137 were party to the protocol.
Statement by Special Rapporteur on Trafficking in Persons
JOY NGOZI EZEILO, Special Rapporteur on Trafficking in Persons, Especially Women and Children, said that today was the first time that a thematic panel on the issue of human trafficking was being held within the Council. The Council would send an important message to the world that trafficking in persons was a crime and it required the highest attention by all Member States. The Council would have an opportunity to hear the voices of the victims, who should be at the centre of its response to trafficking. The basis of the Council’s work should be the adoption of a victim-centred and human rights based approach to combating trafficking. Many States and regional and sub-regional organizations still focused their policies almost exclusively on the criminalization of traffickers, leaving the protection of the rights of the victims as a peripheral matter.
In order to be effective, governmental policies should put the rights of the victims at the core of their strategies and actions and a human rights based approach should guide efforts in the prosecution of traffickers. The victims and survivors of human trafficking present today were from different regions of the world and had been trafficked for sexual exploitation and labour exploitation and both in the context of peace and armed conflict situations. They were a reminder that trafficking occurred in a wide variety of situations and that trafficking of men and trafficking for forced labour were often not appropriately addressed. The Special Rapporteur paid tribute to the panellists for their courage to stand before the Council to tell their stories of suffering and despair but also of success and hope.
Testimonies by Panellists: Victims of Trafficking
CHARLOTTE AWINO, Victim of Trafficking, said in 1996 she was 14 years old and attending a boarding school in Uganda. The rebels of the Lord’s Resistance Army attacked her school at night and abducted 139 girls. One hundred and nine of the girls were later released, but 30 girls were kept and marched across the border into Sudan. So many atrocities were committed against them, many were killed because they were too young and tired to walk, some were used as human shields, and many of them died of cholera. As was often the case in these situations, girls suffered more. They were distributed to rebel commanders as objects and they were forced to carry heavy loads, cook and do other duties. She was given to a brutal man who had 20 other abducted girls and she had two children with him. She was beaten with 200 strokes due to allegations that she tried to escape, she was left for dead and when she woke up she was denied water. She was confined in a small cell for several months and the guards were instructed to shoot her if she moved five meters away from that hut. She was in captivity for 7 years and 10 months and escaped in 2004. She could talk for months about what she went through, but she would restrict her remarks to what she thought needed to be done. Victims of trafficking needed support to recover, counselling and help reintegrating into their community. They needed educational and housing support and protection by Member States, especially for vulnerable women and children during wars and conflicts. Armed groups must be made aware of their obligations not to abduct and traffic people and signatory countries must uphold international laws to which they were party. Ms. Awino said many children remained in captivity and mechanisms must be put into place to track and locate victims of human trafficking.
ANGELINA ATYAM said rebels were committing the same crimes in many countries. Every child who was trafficked was her child and she asked for help to bring an end to the Lord’s Resistance Army’s activities.
KUMAR RAMJALI, Victim of Trafficking, said he was thankful to the organizers who had given him the opportunity to tell his story. He came from a rural district in Nepal and had worked on his parents’ farm. He was a victim of human trafficking in Iraq and had witnessed the death of 12 innocent Nepali victims there. Due to the interesting wages abroad and the promise of better working conditions, Mr. Ramjali said he had accepted the opportunity to work abroad. He was recruited by a company called Manpower in Nepal and was told that he would receive a good salary and work in the United States. This opportunity cost him a lot of money up front. Mr. Ramjali was initially sent to New Delhi with other workers, at which point he was forced to pay an additional 100,000 NPR, approximately one year’s salary, which he managed to do by taking loans. His passport was taken from him and he, along with other Nepali workers, were sent to Iraq. Upon his arrival in Baghdad, Mr. Ramjali was contained in a locked room and given basic food and shelter. After that, Mr. Ramjali worked on a United States airbase for $ 290 a month. Eventually, he was given a raise to approximately $ 500 a month but he worked 12 hours a day and was not given the choice to leave. Every day, Mr. Ramjali feared for his life and repeatedly asked to return home. One day, he was given his passport and was allowed to fly home. Mr. Ramjali hoped that his story would serve to inform others of this harsh and frightening reality, which needed to be urgently addressed and eradicated.
JANA KOHUT, Victim of Trafficking, said she was 30 years old and had been born in Bosnia. Her story happened in Ljubljana, Slovenia in 2004, where she had moved to continue university studies. One of her new friends, Romana, had offered her the opportunity to stay in her apartment. She was very kind and Jana trusted her. She was looking for a part time job and Romana had organised an interview at an accounting firm. That was the last time Jana saw her. Ten minutes into the interview, two man came in and dragged Jana away. She was drugged and forced to prostitute herself in Ljubljana. Jana had six to ten customers every day and they came from different backgrounds, including businessman and the policemen. Jana had been frequently moved around and kept in check by threats of her sister being forced into the prostitution too. The women who had interviewed Jana for the job in the accounting firm had helped her escape by sliding her passport under Jana’s door on a day when the men had been away. Jana knew that was her only chance.
The world of today was the world of freedom, but also the world in which women and girls were still forced into prostitution. When would the world stop to maintain its economy by abusing the poor, the weak, and the vulnerable? Ignorance and silence meant engagement in the crime, nothing less. It was only by working together that crimes could be prevented and it must be done, it was their business in the world. Most of the girls that were presumably choosing to be prostitutes were 13 or 14 years old. That was human trafficking. All those who had powerful influence must display a clear attitude toward this issue and be true role models. More education and awareness raising projects were needed, together with the creation of a network of medical institutions, local communities, companies, governments and individuals. Traffickers were extremely well connected and the international community needed to be too. There was a need for victim and survivor intervention centre, as well as for strategies of intervention that would recognise the specificity of each individual victim and survivor. There was the need for the education of clients and potential clients. People needed to be encouraged to give the information, get involved and know how and where to get involved. The people present at this panel refused human trafficking, refused prostitution, violence, slavery and gave it their best to end it all and to grow into something better.
KIKKA CERPA, Victim of Trafficking, said she was born and grew up in Venezuela, and met a man in Caracas where she was working in a hotel at the age of 17. She fell in love with him. After a few years, he moved to New York, and wanted her to join him. She did not know that his family ran a sexual trafficking business. When she arrived in New York, she was locked in a basement, and her passport was taken away. She was told she owed a lot of money, and could only pay it back by working in a brothel. Over the next three years, she was moved from one place to another. When she said she would go to the police, she was told she would be arrested and deported. When the police raided the brothel, instead of rescuing the workers, they required sexual services. Never was she asked if she was trafficked.
Her best friend in the brothel was Annie, trafficked from the Dominican Republic, who was murdered by a customer. After Annie was killed, she knew she had to escape her traffickers - her way out was marrying a customer. When she was seven months pregnant with her second daughter, her husband began to beat and threaten her. After escaping to a shelter with her daughters, she was helped, and granted custody of her daughters, as well as legal immigration status. Ms. Cerpa was telling her story to help trafficked victims around the world. Laws needed to be passed to protect girls, to hold customers accountable, and police and judicial officers trained to identify and protect victims, who should be protected.
ANDREJ PURA, Victim of Trafficking, speaking in a video testimony, said he had come to Moscow, leaving all his goods behind. He had been tricked by a man promising him a job driving trucks. He ended up instead in Dagestan, in a village called Novalak, where there was nothing but barracks, where he was supposed to work at a brick factory, but it was not yet built. Conditions there were completely unacceptable - there was dust everywhere, and he had to sleep on wooden boards, with no way to wash clothes. Men needed meat to work, and only cereals were provided. There was no way to leave safely, as Chechnya was near. The situation became very difficult, and there were problems. The owner offered him the job of watchman, saying he would take Andrej home, but Andrej did not believe him. Andrej said he wanted to stay with the other people there, in order to look after them. Eventually, they got away by going to a pharmacy for medicine, and flagging down a car. The driver of the car was a Chechen, showing that the Chechens were good people. Once they got away from the area, they reached a post manned by Dagestani officials, who helped Andrej and his friends to get away. It seemed that the laws against slavery were not working in Russia, Andrej said. Some work did appear to be started to fight this phenomenon. But six of his friends were still back in Dagestan - it was better to die than be a slave.
Discussion
Among issues raised during the discussion was that it was important that victims of trafficking did not remain hidden by facts and figures - they must be heard, and must be allowed to alert Governments and other stakeholders about shortcomings in the protection of their rights. What environment was required for victims of trafficking to restart their life, a speaker asked? Perpetrators and networks too often remained hidden, and therefore it was difficult to maintain a response that was up to date. It was also difficult to estimate the impact of trafficking on victims and their families and to what extent it was difficult to return to a normal life subsequently. The alarming reality was that the vast majority of the victims of trafficking were never identified, and thus Governmental bodies needed to be strengthened in order to remedy this situation and find solutions. The human dimension of this heinous crime should not be forgotten, even less so as it affected primarily the most vulnerable sections of society. Ensuring human rights based on the inalienable rights of persons was key to combating this phenomenon, and assistance to migrants must be an integral part of the fight against it, with no discriminatory measures applied in their regard. Much more needed to be done to assist victims of trafficking in a timely manner, and human rights should be mainstreamed into all efforts to combat the phenomenon. The panel gave a voice to the victims of trafficking, and the Council had been truly moved by their tales. Many speakers also commended the bravery of the panellists in reliving their trauma before so many strangers, saying that it took great strength of mind to overcome the pain of being exploited in so many ways.
Speaking were the representatives of Germany, Brazil, Spain, Philippines, Mexico, Pakistan on behalf of the Organization of the Islamic Conference, Burkina Faso, Colombia on behalf of the Latin American and Caribbean Group, Republic of Congo, Slovakia, Thailand, Tunisia, France, Russian Federation and Indonesia. Also speaking were the following non-governmental organizations: Global Alliance against Traffic in Women, and International Federation Terre des Hommes.
CHARLOTTE AWINO, Victim of Trafficking, responding to the questions and comments, thanked the Council for hearing the cries and pleas of the panel members. She asked the Member States of the Human Rights Council to not only make changes on paper but to ensure that any measures taken to prevent trafficking were implemented and enforced. She urged the Council to continue involving victims in the policies that affected them. Victims and survivors of human trafficking should also be given chances to air their views and opinions. In conclusion, the Human Rights Council should fight for the complete cleanup of human trafficking and should do everything to make sure that this problem was no longer perpetuated or tolerated anywhere in the world.
JANA KOHUT, Victim of Trafficking, thanked all for their statements and said that although much had been done, it was not enough. She wished to address the members of the Council as individuals and not in their official functions and asked that wherever they went, they should spread the word and share the personal stories they heard today. Human trafficking was not an issue belonging to only one country or one nation. People needed to unite and turn their insight into action. The panellists would like to be involved in any initiative because only by doing it together could results be achieved.
In a second round of questions and comments, speakers said, among other things, that it was vital to give a voice to the victims of trafficking, and the Human Rights Council needed to show victims that it was totally with them. Trafficking took many different forms, and, like many forms of criminal activity, changed modes in order to avoid detection by police forces. An internationally-agreed definition of trafficking had been adopted by the United Nations in 2000. People trafficking was a complex crime, and required a complex series of remedies. What could be done to improve the international Protocol against Trafficking, a speaker asked? The current global recession had increased the risk of trafficking and exploitation, and the achievement of the Millennium Development Goals would help to combat its roots, notably poverty, and help to break the cycle. The approach to this scourge must be multi-disciplinary so it could be effective, and must focus on the inalienable rights of victims, including mechanisms and programmes to strengthen their reintegration into society. The fight against this scourge could not be used in any way to strengthen exclusion and discrimination in migratory policies, as this would then impede many from moving to areas where they could achieve greater futures and growth. It was an outrage that human lives were bought and sold, and it was urgent to punish traffickers and rescue victims around the world. Victims were often the only witnesses, and it was the task of the international community to put into place the appropriate measures to protect their rights and interests. Well-designed, coordinated, and comprehensive programmes and approaches were required, from a pragmatic perspective, in order to be sure of success.
Speaking in the second round of questions and comments was Nigeria on behalf of the African Group, Belarus, Australia, Nepal, Argentina, Paraguay, United States, Switzerland, Morocco, China, Turkey, Uruguay, Azerbaijan, Lithuania, Egypt, Panama, Algeria, Peru, Republic of Korea and Slovenia. Also speaking was the Human Rights Commission of the Philippines.
KIKKA CERPA, Victim of Trafficking, had one request of the Council members, which was to enforce and implement laws against human trafficking at the local level. International laws against trafficking needed to trickle down to national and local levels as well, given that the victims were found mainly in cities. Furthermore, there was an urgent need to rescue the victims of illegal trafficking and to then provide shelters and social workers for their rehabilitation.
ANGELINA ATYAM, thanked the countries which were already addressing the human trafficking and called on countries present in the Council today to act now. Human trafficking happened all over the world and there was a need for constant vigilance. States must act so that impact could be felt in the field.
KUMAR RAMJALI, Victim of Trafficking, said he thanked the Council for listening to his story. One way to combat this problem was to provide information to people on rights and risks, which would make them less vulnerable.
JOY EZEILO, Special Rapporteur on Trafficking in Persons, Especially Women and Children, said she saluted the victims of trafficking who were present today. For those who were still wondering whether there were real victims out there, today's panel was the answer. All delegates were asking the same question - what could be done. She referred the Human Rights Council in this regard to her last report to the General Assembly, where she focused on the issue of identification, protection and assistance to victims. Today was the time to act, and if the international community did not act, God forbid, it would become an accomplice to this shameful form of modern-day slavery. It was important to continue aggressive prevention efforts, non-criminalisation of victims, human rights approaches, child rights approaches, and reducing vulnerabilities, which meant addressing root causes, including poverty and the demand for sex.
HISHAM BADR, Acting President of the Council, summing up the panel discussion, said today’s panel was an exceptional opportunity to give voice to the victims of trafficking. The discussions had shed further light on the nature of human trafficking and the need to apply a human rights-based approach in addressing trafficking. The recommendations formulated by the panellists should serve as guidance in the devising of strategies and action to combat trafficking.
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