COMMISSION HEARS FROM SPECIAL RAPPORTEURS ON VIOLENCE AGAINST WOMEN, TRAFFICKING IN PERSONS, UN ADVISER ON GENDER ISSUES

Commission on Human Rights
MORNING

6 April 2005



Continues General Debate on Integration of Human Rights of Women
and the Gender Perspective, Including Violence against Women


The Commission on Human Rights this morning continued its consideration of the integration of the human rights of women and the gender perspective, hearing presentations by the Special Rapporteur on violence against women, its causes and consequences; the Special Rapporteur on trafficking in persons, especially in women and children; and the Special Adviser to the Secretary-General on Gender Issues and the Advancement of Women.

Yakin Erturk, Special Rapporteur on violence against women, its causes and consequences, said the number of women living with HIV had increased in every region of the world, and women's vulnerability to the pandemic remained largely rooted in pervasive gender inequality and discrimination, which was often manifested in multiple forms of violence. Her report included recommendations in five key areas: ending violence against women; addressing the gender dimensions of HIV/AIDS and associated stigma; ensuring women's equal access to healthcare; empowering women for full enjoyment of all human rights; and promoting a global coalition against HIV/AIDS. She also spoke about her missions to El Salvador, Guatemala, the occupied Palestinian territories and Sudan.

Speaking as a concerned country, El Salvador said the Government, in line with its international obligations, prevented, investigated and prosecuted any form of violence against women. Major reforms had been undertaken with regard to the criminal code and criminal procedural code with emphasis on sexual crimes. The national police had also been trained to deal with crimes related to inter-family and sexual violence. The Government believed that despite the efforts made so far, much had to be done to combat violence, particularly traditional practices, against women.

Guatemala said that among other initiatives, the Government hoped to establish mechanisms to promote appropriate legislation, and had undertaken a dialogue on the killing of women to help ensure their security. In January 2005, the National Commission for Prevention of Violence had been established to take action to reduce violence and to elaborate, within the executive body, a policy for violence prevention and reduction. Resources had also been allocated to women's organizations for the prevention of violence against women, and to promote their political participation.

Israel said this was the time to welcome the Special Rapporteur's call to the Palestinian authorities for zero tolerance regarding terrorism. Some of the observations made by the Special Rapporteur had been noted, and would be considered attentively. On the substance of the report, Israel was in agreement with some aspects of the Special Rapporteur's conclusions, while with others, it was not. All were aware of the negative impact of any conflict on any population at any time, nevertheless, Israel could not acquiesce in the Special Rapporteur's conclusion that the social maladies affecting women in the Palestinian territories, and more specifically, the elevated degree of violence against women, emanated all from the occupation

Palestine said Palestinian women suffered countless forms of violence under Israeli occupation, which systematically violated their fundamental rights to live in freedom, security and dignity. Destruction of property and consequent homelessness, hunger and despair had exacerbated the vulnerability of Palestinian women and overburdened them with heavy responsibilities within their households to an extent that they were gradually stripped of their capacity to cope with their adverse realities. Despite these deterring challenges, Palestinian women continued to be pro-active members of their communities, as evidenced in their high electoral participation.

Sudan, also speaking as a concerned country, said the violence against women in Darfur was related to the conflict that was taking place in the region. The observers in the region had seen that the rebels had been committing crimes against women. Despite the willingness of the Government of Sudan to collaborate with the Special Rapporteur, the Special Rapporteur, in her statement this morning, had mentioned the "inability of the national justice system to ensure accountability". It was not the mandate of the Special Rapporteur to talk about the ability or inability of the justice system of any country.

Sigma Huda, the Special Rapporteur on trafficking in persons, especially in women and children, said the human rights of trafficked persons should be at the centre of all efforts to combat trafficking and to protect, assist and provide redress to those affected by trafficking. Also, anti-trafficking measures should not adversely affect the human rights and dignity of the persons concerned. Although the majority of victims were women and girls trafficked for commercial sexual exploitation, there were significant number of human beings trafficked for labour exploitation in the informal economy.

Bosnia and Herzegovina, speaking as a concerned country, said that trafficking in persons for sexual exploitation had become a serious and complex problem in most post-conflict countries and countries-in-transition in southeastern Europe in the late 1990s. For its part, Bosnia and Herzegovina had faced many challenges in combating that phenomenon due to the lack of a legislative framework, institutional capacities, and public awareness of the problem, as well as due to the transitional nature of this kind of criminal activity. Despite the difficult political, social and economic situation, combating trafficking would remain one of the country's highest priorities in years to come.

Rachel Mayanja, Special Adviser to the Secretary-General on Gender Issues and the Advancement of Women, said in many countries, the lack of de facto equality resonated in women's lower rate of participation in political and public life and in the workplace, in their higher unemployment rates, lower wages, and in more precarious conditions of work. Violence against women remained a disturbing reality, and impunity for perpetrators aggravated this most overt manifestation of discrimination. Mechanisms mandated to promote gender equality continued to lack the power, resources and strategic relationships necessary to effectively ensure accountability of all actors for gender equality and protection and promotion of women's human rights.

Speaking in the course of the interactive debates were the Representatives of Iran, Mexico, the United States, Canada, Indonesia, Cuba, New Zealand, Switzerland, the Russian Federation, Luxembourg (on behalf of the European Union), Honduras, Pakistan, Costa Rica, and India.

Speaking in the general debate were the Representatives of Australia (on behalf of Canada and New Zealand), Libya (on behalf of the Arab Group), Pakistan, Egypt, Malaysia, and Cuba.

The Commission will meet at 3 p.m. this afternoon to continue its consideration of the integration of the human rights of women and the gender perspective, including violence against women.

Documents on Integration of the Human Rights of Women and the Gender Perspective

Under its agenda item "integration of the human rights of women and the gender perspective: violence against women", the Commission has before it several documents.

There is the report of the Secretary-General on integrating the human rights of women throughout the United Nations system (E/CN.4/2005/68), which notes that while there has been steadily growing attention to women's human rights in the work of the United Nations human rights system, use of gender analysis and integration of a gender perspective has been more varied and less methodical. The report concludes that full implementation of the gender mainstreaming strategy requires more regular training of human rights staff on this method, support for the work of gender focal points, availability of simple tools to facilitate integration of a gender perspective and engaging in gender analysis, and monitoring of implementation of the gender mainstreaming strategy in all human rights activities. The report also notes that participation by women in the work of human rights mechanisms is important in ensuring that sufficient attention is paid to women's rights and gender issues. The report suggests that the Commission may wish to consider specific steps to encourage greater gender balance in the nomination, designation and election of experts to human rights mechanisms and to give greater attention to the participation of women in human rights activities and the benefits they derive from such activities.

There is the report of the Special Rapporteur on violence against women, its causes and consequences, Yakin Ertürk (E/CN.4/2005/72), which summarizes the activities of the Special Rapporteur in 2004 and contains a study of the intersection of violence against women and HIV/AIDS. The report analyses the interconnections between violence against women and HIV/AIDS, considering violence both as a cause and a consequence of HIV. It examines how the various types of violence to which women are subject, from the domicile to the transnational arena, increase the risks of transmission of HIV; the ways in which stigma, discrimination, and gender-based violence are experienced by women living with HIV, as well as the obstacles to women's access to medical care and justice. It notes that States have yet to create integrated and effective responses dealing with gender inequality as the root cause and consequence of the gender-specific manifestations of the disease. The report ends with recommendations for an effective and integrated strategy to fight the spread of the deadly disease in the context of the intersections between violence against women and HIV under five broad categories: gender-based violence; the gender dimensions of HIV/AIDS; women's access to health care; empowerment of women; and the global coalition against HIV/AIDS.

The first addendum to the report (Add.1) contains, on a country-by-country basis, summaries of general individual allegations, as well as urgent appeals transmitted to Governments between 1 January to 31 December 2004, as well as replies received during the same period. During the period under review, the report notes, the Special Rapporteur transmitted 113 communications on behalf of 338 people to the Governments of 44 countries.

The second addendum to the report of the Special Rapporteur (Add.2) concerns her mission to El Salvador in February 2004. Despite achievements made in the country, the report states, the failure of authorities to investigate, prosecute and punish those responsible for gender-based violence has contributed to an environment of impunity that has resulted in little confidence in the justice system. Impunity for crimes, the socio-economic disparities and the machista culture foster a generalized state of violence, subjecting women to a continuum of multiple violent acts, including murder, rape, domestic violence, sexual harassment and commercial sexual exploitation. The Special Rapporteur calls on the Government to take action under five broad categories: to create a gender-sensitive information and knowledge base; to ensure the protection of women through legislative, investigative and judicial reforms; to strengthen institutional infrastructures; to initiate training and awareness programmes; and to enforce and monitor international labour standards particularly in the informal sector.

The report's third addendum (Add.3) contains information on the Special Rapporteur's mission to Guatemala in February 2004. The report notes that the inadequate implementation of the Peace Accords has precluded women and indigenous groups from benefiting from its provisions and has contributed to the atmosphere of insecurity and violence that still characterizes Guatemalan society. The problems of socio-economic inequality and exclusion that sparked the civil war remain unresolved, leaving women, particularly those of indigenous descent, at risk of violence due to the compounded discrimination they face based on sex, ethnicity and class. Violence against women is met with impunity as authorities fail to investigate cases, and prosecute and punish perpetrators. The Special Rapporteur calls on the Government of Guatemala to take action under six broad categories: end impunity for violence against women through legislative, investigative and judicial reform; provide protective and support services to women facing actual or a risk of violence; create a gender-sensitive information and knowledge base; strengthen institutional infrastructures; promote training, operational and awareness-raising programmes.

The fourth addendum to the report (Add.4) is on the mission of the Special Rapporteur to the occupied Palestinian territory in June 2004. The report highlights the role of Israeli security measures on human rights and humanitarian law in the occupied Palestinian territory. Within such a disenabling environment, an integrated system of violence at the intersection of occupation and patriarchy subjugates women through a continuum of violence linking all spheres of life. Women experience violence as a direct and indirect effect of security measures, as well as violence within the family and community that is heightened as a result of the security situation. In creating an enabling environment to combat violence in the territory, it is important that Israel immediately cease its violations of international law and that a sustainable resolution of the conflict be reached. The Special Rapporteur urges the Government of Israel to observe international law to ensure the rights and protection of Palestinian civilians, with particular emphasis on the right to health and the provision for expectant mothers and the ill to receive immediate access to medical care. She also calls on the Palestinian Authority to adopt a policy of zero tolerance to all forms of violence, including terrorism; to work toward the development of a democratic, secular State that protects women’s rights, among other things.

The fifth, and last, addendum to the report of the Special Rapporteur (Add.5) concerns her visit to the Darfur region of the Sudan in September 2004, which she undertook following allegations that women were being targeted for rape as part of the conflict in that region. According to reports received during the visit women and girls have suffered, and continue to suffer, from multiple forms of violence during attacks on their villages, including rape, killings, the burning of homes and pillage of livestock. Women said violence is perpetrated by Government-backed militia – Janjaweed – and security forces. Moreover, victims of rape face numerous obstacles in accessing justice and health care. The Special Rapporteur recommends, among other things, that the Government of Sudan facilitate the full involvement of women and women's groups in the peace process and ensure that women's needs and interests are included in all negotiations and ensure the security of civilians and introduce protection measures to reduce the ongoing risk of rape, beatings and abductions for women and girls when they move outside internally displaced persons camps and villages.

There is also the report of the Special Rapporteur on trafficking in persons, especially women and children, Sigma Huda, (E/CN.4/2005/71). The Special Rapporteur observes that, according to recent data, while the majority of victims of trafficking are women and girls trafficked for commercial sexual exploitation, significant numbers of human beings are trafficked for labour exploitation and children are also trafficked for the purpose of international adoption. The Special Rapporteur describes the content and scope of the mandate, the legal framework for her action and the methods of work she proposes to adopt, including the forwarding of communications to Governments, the undertaking of country visits, paying attention to thematic issues in her annual reports, and cooperating with relevant partners. She also describes the activities she has undertaken following her appointment and submits a number of conclusions.

The first addendum to the report (Add.1) concerns the Special Rapporteur's mission to Bosnia and Herzegovina in February 2005. The Special Rapporteur observed that efforts to combat trafficking have increased over the years and have brought significant improvement to the situation, although trafficking still exists. The report notes that in 2001 the National Action Plan to combat trafficking was formulated and a new Criminal Code and Criminal Procedure Code were enacted in March 2003, making trafficking in persons a federal-level crime punished by up to 10 years' imprisonment. The Special Rapporteur learned with concern that only a small number of trafficking cases have been successfully prosecuted and that upon conviction reduced sentences have been imposed that do not reflect the serious nature of the human rights violations suffered by the victims. Moreover, the Special Rapporteur was informed that traffickers have adopted new strategies to traffic persons into Bosnia and Herzegovina, including fake arranged marriages of citizens of Bosnia and Herzegovina to foreign women.

There is a report of the Secretary-General consisting of the joint work plan of the Division for the Advancement of Women and the Office of the United Nations High Commissioner for Human Rights (E/CN.4/2005/69-E/CN.4/2005/6). It states that cooperation between the two bodies will continue in 2005 to strengthen attention to the human rights of women and the mainstreaming of gender perspectives in all human rights activities in the following areas: support for human rights treaty bodies; support for intergovernmental bodies and special procedures; technical cooperation, advisory services and meetings; awareness-raising and outreach; and inter-agency cooperation.

There is also the report of the United Nations Development Fund for Women on the elimination of violence against women (E/CN.4/2005/7-E/CN.4/2005/70). The report notes that initiatives supported through the Trust Fund have made important contributions to the development of greatly increased expertise on effective strategies to eliminate violence against women. However, as the international community looks forward, there is an urgent need for significantly greater funding to allow Trust Fund support for innovation, upscaling, and implementation of the new strategies that have been created to continue and flourish, the report states.
There is another document (E/CN.4/2005/63) which contains the written submission by the World Health Organization on its activities in areas being considered by the Commission, including the integration of the human rights of women and the gender perspective: violence against women. Among other things, it draws attention to the WHO Multi-country Study on Women's Health and Domestic Violence, which is the first study to gather data on the prevalence of violence against women and women's health that is comparable across countries. The results of the study will be used in
countries and globally to generate policies and strategies to respond effectively to this
important public health and human rights issue, the report states.

There is also a document (E/CN.4/2005/133), which contains the written submission by the United Nations Development Programme. It notes some of the activities being undertaken by UNDP and highlights that gender equality is a core concern to the Programme. It also notes that greater attention is being paid to gender issues during both the process of project formulation and implementation in different countries.

Presentation by Special Rapporteur on Violence against Women

YAKIN ERTURK, Special Rapporteur on violence against women, its causes and consequences, said her report focused on the intersection between violence against women and HIV/AIDS. The number of women living with HIV had increased in every region of the world, and women's vulnerability to the pandemic remained largely rooted in pervasive gender inequality and discrimination, which was often manifested in multiple forms of violence. Trafficking victims, women in the sex industry and those living in or fleeing conflict areas remained extremely vulnerable to violence, which increased their likelihood of contracting the virus. Moreover, harmful practices such as female genital mutilation also heightened women's vulnerability, as did male infidelity, the refusal to use condoms and marital rape. Research also showed that women living with HIV were stigmatized more directly and more severely. In some cases they shouldered the blame for the HIV status of others, regardless of the veracity of such claims. HIV-positive pregnant women could have their babies taken from them, or could be forcibly sterilized. Furthermore, the overwhelming majority of HIV-positive women did not have access to adequate medical treatment.

Programmes for the prevention and treatment of the pandemic could not succeed unless the unequal power structures governing relationships between men and women were challenged, she stressed. A gender sensitive response must be adopted. To that end, her report included recommendations in five key areas: ending violence against women; addressing the gender dimensions of HIV/AIDS and associated stigma; ensuring women's equal access to healthcare; empowering women for full enjoyment of all human rights; and promoting a global coalition against HIV/AIDS.

Regarding her 2004 country visits, she said that while many positive initiatives had been undertaken in El Salvador to address violence against women, the national authorities' failure to adequately investigate, prosecute and punish acts of gender-based violence had resulted in impunity. Her report expressed concern over the murder of women, domestic violence, and commercial sexual exploitation, as well as violence and sexual harassment against women in the workplace. On the visit to Guatemala: while the peace accords had made provisions for women, including indigenous women, many of the commitments had yet to be translated into reality. The increasing number of women being murdered, high rates of domestic violence, violence against women in the workplace, trafficking, and violence against women in custody remained troublesome. The Government should end impunity for violence against women, ensure victims received support, including compensation, and allocate resources necessary to work to eliminate violence against women. On the visit to the occupied Palestinian territories: the direct and indirect impact of security measures often had specific and compounded consequences for women, while gender inequality was often more pronounced in conflict and crisis situations.

She also noted that, while in Sudan for the Africa Regional Consultation, she had visited the Darfur region where she had received numerous reports of violence against women, particularly rape, perpetrated by armed militias. She called upon the Government of Sudan to ensure the security of civilians, to introduce protection measures, especially for internally displaced women and girls, and to hold perpetrators accountable, among other measures. While aware that more than 100 perpetrators of human rights violations had been apprehended by the Government, the magnitude of the crisis and inability of the national justice system to ensure accountability led her to support the decision to refer the situation to the International Criminal Court.

Response by Concerned Countries

BYRON LARIOS LOPEZ (El Salvador), speaking as a concerned country, said the subject of fighting discrimination against women was a priority for El Salvador. In 1996, the Government had set up a body that planned policies and programmes for the treatment of inter-family violence. Women and girl children were mainly targeted by the progromme. In addition, shelters and rehabilitation programmes had been established for victims of violence as well as telephone support lines. He regretted that the final report of the Special Rapporteur had only just been made available. The Government of El Salvador rejected the Special Rapporteur's assertion that "a daughter could serve as a sexual substitute of her mother if the mother becomes sterile". Such acts of incest had no place in the Salvadorian society.

The Government of El Salvador, in line with its international obligations, prevented, investigated and prosecuted any form of violence against women. Major reforms had been undertaken with regard to the criminal code and criminal procedural code with emphasis on sexual crimes. The national police had also been trained to deal with crimes related to inter-family and sexual violence. The Government believed that despite the efforts made so far, much had to be done to combat violence, particularly traditional practices, against women

MARIA GABRIELA NUNEZ (Guatemala), speaking as a concerned country, said the Government of Guatemala shared the Special Rapporteur's concern over the increase in violence against women, and the increased phenomenon of impunity. The phenomenon was likely linked to the more complex social problem of high levels of violence in society as a whole. However, she added, it was important to recognize that the administration of justice had been working with regard to violence against women; there had been reform of the Criminal Code to make forced labour, slavery and sexual exploitation crimes. There had also been reforms concerning sexual assault, domestic violence and to eliminate the exemption for sexual aggressors married to their victims. Among other initiatives, the Government hoped to establish mechanisms to promote appropriate legislation, and had undertaken a dialogue on the killing of women to help ensure their security.

As part of the commitment undertaken by national police to combat violence against women, she noted that research on homicides had been carried out in 2004, and that a Plan of Action had been adopted in 2005 to deal with the phenomenon. Criminal and police investigation services would ensure preventive action in all areas. The national police force also had a gender equity unit to institutionalize equity in training for future policy officers. While State provision of shelter for women remained insufficient, the Government and municipalities had made renewed commitments to provide shelter. The Government also expressed appreciation for efforts by civil society and women's organizations to raise awareness about violence against women, and to provide support services, including shelter for women in crisis. In January 2005, the National Commission for the Prevention of Violence had been established to take action to reduce violence and to elaborate, within the executive body, a policy for violence prevention and reduction. Resources had also been allocated to women's organizations for the prevention of violence against women, and to promote their political participation.

ITZHAK LEVANON (Israel), speaking as a concerned country, said the Special Rapporteur on violence against women had conducted her work in a manner to be commended, trying to reflect the reality on the ground in an objective manner. Not all aspects of this reality had been clarified, basically due to the inherent patriarchal nature of the society being dealt with. This was the time to welcome the Special Rapporteur's call to the Palestinian authorities for zero tolerance regarding terrorism. Some of the observations made by the Special Rapporteur had been noted, and would be considered attentively. On the substance of the report, Israel was in agreement with some aspects of the Special Rapporteur's conclusions, while with others, it was not. All were aware of the negative impact of any conflict on any population at any time, nevertheless, Israel could not acquiesce in the Special Rapporteur's conclusion that the social maladies affecting women in the Palestinian territories, and more specifically, the elevated degree of violence against women, emanated all from the occupation. There were other factors that played a preponderant role, and which deserved to be considered in the report.

There was no doubt that an objective analysis of the circumstances and their resulting effects on daily life would demonstrate that violence against women in many parts of the world was despairing and there was a need for substantial improvement. The encouraging process between Israelis and Palestinians after the summit of Sharm el- Sheikh would impact on the situation of Palestinian and Israeli women, and the tangible improvements on the ground would generate a new climate, the direct expression of which would be a marked improvement in their lives.

NADINE HASSASSIAN (Palestine), speaking as a concerned country, said Palestinian women suffered countless forms of violence under Israeli occupation, which systematically violated their fundamental rights to live in freedom, security and dignity. Killings, arrests and detentions, dispersion, restrictions on movement, house demolitions and expropriation of property were amongst a list of Israeli practices which made the lives of Palestinian women extremely unbearable and insecure. The deteriorating economic and social conditions brought about by the Israeli closure regime and the wall led to abject poverty and an alarmingly high unemployment rate, thus rendering many women increasingly dependent on emergency assistance including food aid. Destruction of property and consequent homelessness, hunger and despair had exacerbated the vulnerability of Palestinian women and overburdened them with heavy responsibilities within their households to an extent that they were gradually stripped of their capacity to cope with their adverse realities. Moreover, Israeli aggression and oppression had put Palestinian mothers under extensive physical and psychological stress, which adversely impacted the health and development of their children.

Despite these deterring challenges, Palestinian women continued to be pro-active members of their communities, as evidenced in their high electoral participation. In fact, the Palestinian National Authority had enacted legislation with positive discrimination to promote women's involvement in various leading positions, and had established a fully-fledged ministry which devised strategies towards women's development and actively contributed to the legislation process. International instruments and covenants emphasised the rights of women and children, and these had been established with a clear understanding that they were to be applied to all nations, and international bodies relentlessly affirmed their applicability to the Palestinian people. The time was ripe for these bodies to actively redress Israeli breaches of these rights. Reiterating and asserting the rights of Palestinian women and children and condemning Israeli violations of these rights was not enough to bring about justice and freedom to Palestinian women and their families. What was now desperately needed from the international community was to move beyond reporting and to put pressure on Israel to abide by its obligations under international law and to end its decades of occupation.
ILHAM AHMED (Sudan), speaking as a concerned country, said the Special Rapporteur had visited her country and the Government had cooperated with her. The country's Penal Code imposed the maximum sentence with regard to rape. The violence against women in Darfur was related to the conflict that was taking place in the region. The observers in the region had seen that the rebels had been committing crimes against women. A number of women had been killed in the conflict. Police stations had been staffed with men trained to prevent any crime. However, the crimes committed by the rebels did not stop. Police officers or militias who committed crimes against women had been apprehended and they were being prosecuted. The international organizations had been collaborating with the Government of Sudan in investigating the violence against women. The victims of violence had been allowed to directly lodge their complaints without going through long procedures, including without prior presentation of medical certificates.

Despite the willingness of the Government of Sudan to collaborate with the Special Rapporteur, the Special Rapporteur, in her statement this morning, had mentioned the "inability of the national justice system to ensure accountability". It was not the mandate of the Special Rapporteur to talk about the ability or inability of the justice system of any country. The Government would like, however, to reiterate its full cooperation to work with the Special Rapporteur and other mechanisms of the Commission.

Interactive Dialogue

MOSTAFA ALAEI (Iran) said there were two points he wished to raise: the first concerned the visit of the Special Rapporteur to Iran and the recommendations thereon, which had mistakenly found their way into the report. The second concerned the mandate of the Special Rapporteur itself. Women in Iran constituted a valuable segment of society, and their contribution to human development remained essential and commendable. This precious pool of talent played a vital role in moving the entire Iranian population forward and in making a better future for their country. As there was always room for improvement, a process of reforms, based on domestic, cultural and a legal framework in conformity with international standards, had been initiated with the aim of the promotion and protection of the rights of women.

Recalling that his Government, and Iranian civil society, had extended their full cooperation to the Special Rapporteur and her team during her visit to the country, he said that Iran had seized the opportunity to enter into a meaningful and constructive dialogue with the Special Rapporteur on her mandate. The Government looked forward to receiving the Special Rapporteur's complete report and recommendations, and would take them into serious consideration once they were published. In the meantime, Iran remained ready to work with closely and effectively with the Special Rapporteur on issues related to her mandate.

LUCERO SALDANA PEREZ (Mexico) said she wished to reaffirm the Government of Mexico's commitment to cooperate with the Special Rapporteur in follow-up to the visit she had made to the country in February. During her stay, the Special Rapporteur had met with federal, state and municipal officials, and had held meetings with legislators, joint commissions of the chamber of deputies, and the Senate on issues related to the killings of women and gender equity, among others. The Mexican Government remained committed to full consideration of the Special Rapporteur's recommendations, and to keep her informed about developments in the country. She also wished to comment on the Special Rapporteur's participation with the Special Rapporteur on adequate housing, and to express appreciation for the Special Rapporteur's transboundary commitment to confronting violence against women, both in terms of individual cases and as a collective phenomenon.

GOLI AMERI (United States) welcomed the report of the Special Rapporteur on violence against women, particularly as it related to the intersection between HIV/AIDS and violence against women. Noting that the Special Rapporteur had stressed that women in African countries had been disproportionately affected by HIV/AIDS, she asked whether Member States, intergovernmental organizations and agencies and non-governmental organizations had done enough to provide disaggregated statistical information on the multiple related phenomena? Moreover, what was being done to address the practice of forced marriages, and were Member States aware of the associated danger of child marriages? Finally, what had been done to address the issue of sexual exploitation by peacekeeping forces?

CHANTAL WALKER (Canada) said she looked forward to the release of the Special Rapporteur's report on her visit to Iran. Noting that the Special Rapporteur had reported on discriminatory laws and malfunction in the administration of justice, which had resulted in impunity for perpetrators and perpetual discrimination against women, she asked how the Government of Iran intended to address these grave concerns to ensure that judicial institutions protected the rights of women, including from violence. Also noting that the Special Rapporteur had focused on the intersection of violence against women and HIV/AIDS and had mentioned the Special Rapporteur on health's emphasis on women's rights to sexual and reproductive health, she asked whether the Special Rapporteur forsaw working jointly with the Special Rapporteur on health to advocate for women's rights to sexual and reproductive health.

DIANA EMILIA SARI SUTIKNO (Indonesia) welcomed the report of the Special Rapporteur on violence against women, and its focus on the intersection between violence against women and HIV/AIDS, and expressed appreciation for her participation at the regional consultation held in Jakarta in July. At that time, impetus had been given to the efforts of all stakeholders in Indonesia to further these issues. However, the national consultation conducted during her visit could have been better if the Special Rapporteur had informed the Government about it in advance, in accordance with the standard practices of Special Rapporteurs.

MARIA DEL CARMEN HERRERA (Cuba) said violence against women constituted one of the most urgent problems affecting today's world. Sharing many of the concerns voiced in the Special Rapporteur's report, including those related to the intersection of HIV/AIDS and violence against women, and to the effect of poverty, illiteracy and lack of access to healthcare in exacerbating that phenomenon, she wished to stress that some of the Special Rapporteur's recommendations necessitated resources and technologies for implementation that countries of the South did not have. Could the Special Rapporteur describe international initiatives that could be promoted to assist the countries of the South to implement national initiatives to combat the phenomenon?

ANDREW BEGG (New Zealand) said the Special Rapporteur had catalogued examples of injustice, indignity and violence suffered by women living with HIV/AIDS, and had highlighted the multiple sectors that must be addressed in combating the phenomenon. The international community must move to implementation of international standards, and implementing the recommendations contained in the report would provide a good start. However, the development of indicators would be necessary. That task would necessarily be complex, but he wished to ask if the Special Rapporteur could give an estimate of the timeframe to be followed.

KAMELIA KEMILEVA (Switzerland) said the delegation of Switzerland had also been particularly interested in the questions connected with the intersection between violence against women and HIV/AIDS. The Special Rapporteur had said that women in detention were particularly vulnerable to HIV infection, and Switzerland would like to request more information on the risk to women incarcerated in prisons. Could the Special Rapporteur provide additional information on whether women in prison had access to HIV screening and treatment for HIV/AIDS? Moreover, were education campaigns extended to women in prison, as a particularly vulnerable category?

SERGEY BEREZNIY (Russian Federation) said that the Russian Federation had attempted to take the recommendations made by the Special Rapporteur during her two-week visit to the country into account as much as possible, and looked forward to working with her in follow-up to that visit.

ELSA KUNTZIGER (Luxembourg), speaking on behalf of the European Union, asked about the Special Rapporteur's findings on the incidence of rape and sexual violence in Darfur, Sudan, and asked whether she felt that the term rape was widely understood in Darfur. Were the recommendations she had made being implemented? She also noted that many societies did not recognize the crime of rape in marriage. What did the Special Rapporteur feel should be done to address the issue, and to more appropriately punish the perpetrators? Additionally, how should men and boys be better involved in efforts to prevent violence against women?

YAKIN ERTURK, Special Rapporteur on violence against women, its causes and consequences, responding to the issues raised during the interactive dialogue, said regarding the comment made by Sudan, the delegate's words were testimony that one could be friends and disagree, and this was how movement forward would be made in the common cause of human rights. The expression in the report about Sudan's justice system was that of an Expert body. The information provided on developments in the countries already visited was appreciated, and the Special Rapporteur remained committed to maintaining a constructive dialogue with these countries; the written response of El Salvador was anticipated.

The comments of Israel were very constructive, and based on the critique of the assessment of the impact of occupation, it was proposed to treat the issue as a hypothesis to be tested when the occupation ended, when this could be re-evaluated. Note had been made of the suggestions made, and these were appreciated. With regard to the statistics and indicators as raised by the United States, this was something being worked on, and it was hoped that with the Secretary-General's report on violence against women, collaboration would bear fruit in this area. Some of the other issues were difficult to answer at the moment, including that of marital rape and forced marriages, these were addressed in the context of country visits and in the communications received. Regarding peacekeeping forces, this was not an issue addressed in the work so far, but it was very relevant and necessary steps were being taken to address these allegations. Regarding the wide-spread problem of rape in Sudan, rather than insisting or refusing the allegations of rape, the Government of Sudan should be aware of the diverse types of vulnerability faced by those in the camps for internally displaced persons, and this category of violence against women should be kept broad, rather than focusing on proving or disproving the allegations.

Presentation by Special Rapporteur on Trafficking in Persons

SIGMA HUDA, Special Rapporteur on trafficking in persons, especially women and children, said she would like to recall two basic principles which had been and would be guiding her action: that the human rights of trafficked persons should be at the centre of all efforts to combat trafficking and to protect, assist and provide redress to those affected by trafficking; and that anti-trafficking measures should not adversely affect the human rights and dignity of the persons concerned. Attention would be devoted to trafficking for all purposes, and through the activities, it was hoped awareness would be raised about the phenomenon of trafficking in its different dimensions and about its human rights implications. Through meetings and consultations, it had often been stressed how, although the majority of victims were women and girls trafficked for commercial sexual exploitation, there were significant numbers of human beings trafficked for labour exploitation in domestic work, agriculture, construction, small manufacturing and other occupations in the informal economy.
What was also striking was that, despite its overwhelming human rights dimension, trafficking continued to be often perceived and addressed only as a law and order problem, and was primarily located within the crime prevention framework, which seriously undermined the protection of the persons involved. Victims of cross-border trafficking were criminalized and prosecuted as illegal aliens, undocumented workers or irregular migrants, rather than victims of a crime. Future reports would be devoted to different thematic issues so as to address the complex human rights aspects of trafficking and counter-trafficking actions.

An official mission to Bosnia and Herzegovina had been conducted. It was a post-conflict society which had witnessed a high incidence of trafficking for the purpose of sexual exploitation, also linked to the heavy international presence. A National Action Plan to combat trafficking had been formulated, but current legislation could be improved further to provide better protection to victims of trafficking, and specific recommendations would be formulated in this regard. Several awareness-raising campaigns had been undertaken in the country, but it should be stressed that these became less effective in the face of poverty, unemployment, and a market which supported a demand, by both the local and international community. Cooperation among the South Eastern European States should be further strengthened in order to successfully combat trafficking in the region, especially in the context of a follow-up to the repatriated victims.

Response by Concerned Country

SAMIR RIZVO (Bosnia and Herzegovina), speaking as a concerned country, said that trafficking in persons for sexual exploitation had become a serious and complex problem in most post-conflict countries and countries-in-transition in southeastern Europe in the late 1990s. For its part, Bosnia and Herzegovina had faced many challenges in combating that phenomenon due to the lack of a legislative framework, institutional capacities, and public awareness of the problem, as well as due to the transitional nature of this kind of criminal activity. However, aware that only a comprehensive approach including activities of investigation, prosecution of traffickers, protection of victims and prevention could suppress the phenomenon, the country had adopted a National Action Plan to combat trafficking in human beings in 2001, and had appointed a State Coordinator for the fight against trafficking in human beings and illegal migration in 2003.

From 2001 to 2004, he continued, the National Action Plan had led to better legislation and institutional capacities to combat trafficking, including through the coming into force of the new Criminal Code and Criminal Procedure Code in 2003, of a law giving exclusive competence to the Court and Prosecutor's Office of Bosnia and Herzegovina to prosecute trafficking, and of new legislation on witness protection, border monitoring and surveillance, and the stay and movement of aliens, among others. A significant number of training programmes on combating trafficking and on protection of victims had been offered to law enforcement officials, border guards, immigration officers, prosecutors, judges and other governmental and non-governmental officials. These measures had resulted in the first sentences against traffickers in human beings, with penalties of up to nine years imprisonment.

Bosnia and Herzegovina had also decided to entrust implementation of protective and preventive activities to non-governmental organizations, and had signed cooperation protocols with them. Thus, in cooperation with several non-governmental organizations, awareness raising campaigns had been implemented, and had targeted the general public, law enforcement agencies, potential clients and vulnerable groups. Despite the difficult political, social and economic situation, combating trafficking would remain one of the country's highest priorities in years to come.

Interactive Dialogue

GOLI AMERI (United States) said the breadth and scope of the report of the Special Rapporteur on trafficking in persons was excellent. The United States Government had invested heavily in addressing the root causes of trafficking which made people vulnerable. However, market forces fuelled this growth, so international focus should be made on ending the demand side of this, in order to eliminate the causes. A thematic annual report on this topic should be prepared, focusing on sexual exploitation and indicating how the demand factors were driving trafficking patterns. The thoughts of the Special Rapporteur on how to address the trafficking of children as soldiers would be interesting. The impact of the tsunami on trafficking in those regions was also significant. Increased public awareness could help save many from modern-day slavery.

J. BENJAMIN ZAPATA (Honduras) said trafficking in persons was a complex and tragic problem, and Honduras was seeking better ways to protect its citizens. This was increasingly a situation which implicated migrants who were forced to leave the country to seek better opportunities, and thousands fell victims to trafficking networks which not only involved domestic exploitation and sexual slavery, but also transplants of organs. The Special Rapporteur should focus her work on strategies. Honduras would be happy to cooperate, as it had been a constant concern for the Government to stem the constant flow of people and to provide better protection. This mandate could be an important platform and could greatly contribute to finding solutions to this dreadful problem.

IMTIAZ HUSSAIN (Pakistan) said the efforts made by the Special Rapporteur to establish contact with the relevant agencies and to visit many countries in a short time was excellent. This was a crucial issue. The entire international community needed to focus on it. The issue of poverty and societies in transition which had been particularly vulnerable to this phenomenon, contributed to the root causes of it. The Special Rapporteur should examine the causes and factors, in particular the demand side, in order to determine how the problem could be eradicated, proposing practical measures as to how countries could be helped.

LUIS VARELA QUIROS (Costa Rica) said this was an issue of particular importance, and it was a subject on which Costa Rica had already expressed its concern. The Special Rapporteur was encouraged to continue her work and to seek cooperation among States in order to eradicate this terrible practice. Two essential subjects needed to be analysed in future reports: a series of so-called employment agencies which claimed to provide third-world workers with opportunities but really deceived women into becoming sex slaves; and trafficking in children, particularly with regard to their use of their organs, as this was a practice that was entirely inhumane. The Special Rapporteur was encouraged to not only propose solutions to these matters but also to suggest mechanisms to control this type of dreadful practice.

ELSA KUNTZIGER (Luxembourg) said the issue of cooperation between the mandate holders dealing with different aspects of trafficking had been raised in several fora, and had been touched upon by the Special Rapporteur in her report, and what other concrete measures or steps could be taken jointly by different mandate holders besides sharing information and coordinating activities. What would she think of a concrete action plan on this topic? Secondly, through the activities of the Special Rapporteur she intended to raise awareness of the phenomenon in general. Would this include approaching vulnerable groups and making earlier victims aware of the possibility of re-trafficking? Could the Special Rapporteur elaborate further on what actions she intended to take, and how she would encourage Governments to take necessary steps to prevent victims from being re-trafficked and to punish perpetrators?

CHANTAL WALKER (Canada) said given the nature of trafficking it was crucial that attention be paid to all its horrible variations, and that coordination with relevant bodies be maintained. Regarding plans to pay attention to prevention and awareness raising among others, some of the important linkages lay between poverty and migration for work and the use of criminal networks. While border control measures were designed to take these realities into account, did the Special Rapporteur believe there were significant policy linkages between trafficking in persons and counter-terrorism measures?

IRMA MADJAMUDDIN (Indonesia) said the Government gave great importance to the protection of women and children against trafficking. The conclusions of the report were very encouraging.

ELIA SOSA (Mexico) said the statement by the Special Rapporteur and the ideas in the report were very interesting, and the lack of consent of the victim was very important and distinctive with respect to other phenomena. It was important, despite the fact that there were many different features, to remember that this was a very important phenomenon. If a focus was to be established, it should be placed on the sexual slavery aspect. It would be important in the future if the Special Rapporteur could say if the mandate created was sufficiently broad or if it needed to be extended.

GOPAL BAGLAY (India) said regarding trafficking and the possibility of susceptibility of vulnerable groups to trafficking, in the context of the recent tsunami disaster, the Commission should be aware that the Government of India would deal with any such cases brought to its notice in the context of domestic law and its international commitments.

SIGMA HUDA, Special Rapporteur on trafficking in persons, especially in women and children, responding to questions raised by delegates, thanked Bosnia and Herzegovina for the suggestions and looked forward to future cooperation. With regard to the United States, she would take the suggestions seriously concerning the distribution of pornography by transnational entities. She thanked Honduras and other countries for bringing up the issue of human rights of migrants and their eventual victimization in the hands of traffickers. She would work on guidance to distinguish the factors of migration and trafficking. Concerning the Canadian question, she said she had accepted the mandate knowing its difficulties with regard to traffickers. Since she assumed her mandate not long ago, she would endeavour to work on the issue from different aspects. The issue of border control for the traffickers should not be forgotten. She was having all the cooperation she needed so far from States and looked forward to suggestions from them. She thanked Pakistan for the suggestion made on legislative means in order to further tackle the problem of trafficking.

Presentation of Special Adviser to the Secretary-General on Gender Issues and Advancement of Women

RACHEL MAYANJA, Assistant-Secretary-General and Special Adviser to the Secretary-General on Gender Issues and Advancement of Women, said the twenty-fifth anniversary of the Convention on the Elimination of All Forms of Discrimination Against Women was commemorated last fall, and at a roundtable discussion organised for that purpose on the role of the Convention in promoting and protecting the rights of women worldwide was highlighted. However, the goal of universal ratification still fell short. The Commission on the Status of Women had reiterated that gender equality was a rights issue. Significant progress had been made by Member States - in many instances, discriminatory laws had been repealed and policies and programmes to ensure gender equality had been put in place. However, progress had also highlighted areas requiring further action, for example, in some countries, overtly discriminatory laws persisted despite international legal obligations requiring their removal.

In many countries, this lack of de facto equality resonated in women's lower rate of participation in political and public life and in the workplace, in their higher unemployment rates, lower wages, and in more precarious conditions of work. Violence against women remained a disturbing reality, and impunity for perpetrators aggravated this most overt manifestation of discrimination. Trafficking of women and girls appeared to be on the increase, and gender-based discrimination had fuelled the vulnerability of women and girls to the HIV/AIDS pandemic. Remedies could be absent, judicial systems insensitive to claims of gender-based discrimination and women were frequently unaware of, or unable to assert their rights. Mechanisms mandated to promote gender equality continued to lack the power, resources and strategic relationships necessary to effectively ensure accountability of all actors for gender equality and protection and promotion of women's human rights.

The Commission had paid particular attention through its mechanisms to the question of gender-based discrimination and violations of women's human rights including violence and trafficking. It was encouraged to continue to build on these efforts so that all its mechanisms fully implemented these mandates by regularly and systematically addressing gender dimensions. The importance of the cooperation between the Commission on the Status of Women and the Commission on Human Rights, as well as the cooperation between the Office of the speaker, the Division for the Advancement of Women and the Office of the High Commissioner for Human Rights was stressed with regard to women's full enjoyment of their human rights. Under her leadership, the speaker said, she would ensure that this cooperation was continued and strengthened.

General Debate on the Integration of the Human Rights of Women and the Gender Perspective

AMANDA GORELY (Australia, speaking on behalf of Canada and New Zealand), said the consensus reaffirmation of the Beijing Declaration and Platform for Action during this year's session of the Commission on the Status of Women had demonstrated that those commitments had stood the test of time, and continued to constitute the cornerstone of policies and actions fully to realize women's rights. That reaffirmation reminded all that the agenda set forth at Beijing remained valid, and a prerequisite to achieving international sustainable development, peace and security. Ten years after Beijing, much remained to be done to implement the Platform for Action fully; following a decade of awareness raising and standard setting, the focus must now shift to implementation of effective programmes and strategies to advance women's human rights.

Regional reports submitted to the most recent session of the Commission on the Status of Women had emphasized Member States' continued commitment to the advancement of women, she noted. Those reports had also shown that strong themes remained common for all Member States, and one of these, the intersection of violence and HIV/AIDS, should be the focus of this Commission's attention. Recalling the conclusions elaborated in the report of the Special Rapporteur on violence against women, she stressed the unacceptability of women being increasingly at risk of HIV/AIDS due to gender discrimination, violence and lack of access to information about prevention and treatment. Member States should implement policies to ensure that women had access to information about HIV/AIDS prevention and equitable access to treatment. This Commission should continue to work with Member States to eradicate violence against women in all forms, as a central component of the commitment to advancing women and achieving gender equality.

NAJAT AL-HAJJAJI (Libya, speaking on behalf of the Arab Group), said the Arab countries were conscious of the fact that the rights of women were comprehensive and included political, civil, economic, social and cultural rights, and affirmed that the right of women to equality was related to other rights like the right to development, information, human dignity, family and social security, and to participation in decision making. The issues of Arab women were at the frontline of all national priorities in the Arab world. Arab women had achieved many gains. The Arab woman had contributed to the development of the Arab society, starting with educating her family, and up to advancing the process of development of the economy and the environment, and the fight against poverty and unemployment.

Arab countries had adopted various strategies and had taken a number of measures aimed at developing women's capacities in the enjoyment of equal opportunities with men. However, regional conflicts and violence had been an obstacle to the full enjoyment of the rights of women and remained a challenge to some Arab women. Palestinian women continued to suffer from the different forms of violence by the Israeli occupation forces, including violations of the right to life. The suffering to which the Palestinian women were subjected had considerably increased, notably over the past five years. It was imperative to provide protection to women in all circumstances, including women affected by armed conflicts, political prisoners, and women living under occupation, and to ensure the right of female refugees, displaced persons and migrants to return. The international community should put pressure on Israel in order it respect its international obligations.

IMTIAZ HUSSAIN (Pakistan) said the United Nations and women's rights movements deserved commendation for sensitising Governments to women's rights. The struggle was uphill. Changing societal attitudes, overcoming legal voids and enabling women to enjoy equality, liberty and freedom of choice were huge challenges. Pakistan's bold initiative on mainstreaming women's rights was committed to eliminating gender disparity in all walks of life. The Prime Minister had said "we are firm believers that human rights are women’s rights". Civil society was actively associated with the Government's efforts.

Hearts went out to the women who were forced to suffer the consequences of armed conflicts and situations of occupation. Their plight had been considered in many international fora over the last few years. But perpetrators of crimes against humanity continued to enjoy immunity under domestic security laws. Given the seriousness of the violations and the need for urgency to address them, the Special Rapporteur was urged to accord special attention to such situations in her future reports.

MAHY ABDEL LATIF (Egypt) said the Constitution of Egypt guaranteed the equality of all its citizens before the law, without discrimination on grounds of gender. It was the right of every woman to vote in elections, independently of her husband, and of every voter to be registered on the electoral roll. These facts demonstrated that the principle of equality constituted a basic cornerstone of all Egyptian legislation. In recent years, there had been work to support improvement in women's enjoyment of their human rights in all fields. The National Council for Women had been established five years before, given the importance of women's role in society since independence.

Since its establishment, the National Council had promoted and protected the rights of women through projects carried out in conjunction with international and national non-governmental organizations, she added. Those projects included participation in the review of laws, including on personal status, to give women the right to initiate procedures for accelerated divorce and to give fathers and mothers equal rights in conferring citizenship upon their children. Egyptian women had participated effectively in all conferences at the regional and global level on women’s rights, and Egypt had participated in the women’s international conference for peace in Geneva.

MEME ZAINAL RASHID (Malaysia) said Malaysia reaffirmed its obligation and commitment to the promotion and protection of the rights and fundamental freedoms of Malaysian women. Serious and sustained efforts towards advancing the development of women and achieving gender equality had been undertaken. Those efforts included the review and amendments of the relevant legislation and the pursuit of national policies that would take full account of gender perspective. In Malaysia, violence against women was viewed as a national issue requiring a serious solution. Malaysia was taking serious steps to transform the de jure situation into a de facto guarantee of rights for its women. It was recognized that awareness on the importance of gender equality and gender issues was very critical to changing the society's attitude and modifying the harmful cultural and traditional practices.

In collaboration with relevant stakeholders, including non-governmental organizations, the Government had embarked on a massive public campaign to prevent any form of violence against women and had organized a series of comprehensive gender sensitisation programmes. That was being done in parallel to the enforcement of the relevant laws on the protection of human rights of women. Achieving a violence-free society had now been made the responsibility of all Malaysians. Due to strong political will on the part of the Government and with the full support from all sectors of the society, Malaysia was well on its way to make good its promise in fulfilling its obligations towards the advancements of its women. Malaysia had achieved almost all the targets of the Millennium Development Goals and would continue to devote greater attention to achieving gender equality and the empowerment of women.

MARIA DEL CARMEN HERRERA (Cuba) said this year the international community was getting ready to conduct an evaluation process of the commitments made by world leaders five years ago in the context of the so-called Millennium Summit. The objectives and goals agreed upon on that occasion were not only an important recognition of the pressing problems of the world, but also the materialisation of a plan of action. Five years after, the situation could not be more discouraging. Women, particularly those living in a poor and underdeveloped world, had been and still were the most affected ones. In these countries, the harsh conditions imposed by poverty, hunger, diseases, illiteracy, armed conflicts, violence and discrimination were compounded by the huge burden of foreign debt, the impact of neo-liberal style structural adjustment programmes and the negative repercussions of the globalization process, all of which jeopardised any national efforts to overcome the underdevelopment.

This dramatic situation facing Third World peoples stood in contrast with the opulence of the countries of the North, where, in spite of their obvious wealth and development, women's human rights were continually violated nonetheless; motivated not only due to the discrimination and lack of equality with respect to men, but also due to the alarming increase of violence against women, expressions of racism and xenophobia, and discrimination and exclusion of minorities, migrants and indigenous people, whose main victims were women. Cuba urged the mechanisms of the Commission, in particular the Special Rapporteur on violence against women, to contribute, in the discharge of her mandate, to stop these violations as well as many others.

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