Human Rights Council hears presentation of reports on discrimination against women and on trafficking in persons

Human Rights Council
AFTERNOON 

20 June 2018

The Human Rights Council this afternoon heard the presentation of reports by Ivana Radaèiæ, Chair-Rapporteur of the Working Group on the issue of discrimination against women in law and in practice, and by Maria Grazia Giammarinaro, Special Rapporteur on trafficking in persons.

Ms. Radaèiæ said that rising authoritarianism in political governance, economic crises and rocketing inequality as well as politicization of religions, posed considerable challenges to securing substantive gender equality.  No country in the world had successfully eliminated discrimination against women or achieved full equality, she said and urged the protection of gains from the past and urgently advancing women’s rights.  Practices such as polygamy, child marriage, female genital mutilation and “honour” killings had no place in any society, and the voices of women human rights defenders must be heard.  The Chair also discussed the Working Group’s visits to Samoa and Chad.

Ms. Giammarinaro said that early identification and assistance to victims or potential victims of trafficking in mixed migratory movements remained absolutely modest.  It was a matter of concern that migration was increasingly placed within the law enforcement paradigm, which justified restrictive migration policies on the basis of the fight against organized crime, including human trafficking.  An innovative model for early identification, referral and protection of victims and potential victims was needed within the context of the Global Compact on Migration.  The Special Rapporteur also presented the report of a visit to Cuba.

Chad, Samoa and Cuba took the floor as concerned countries.

China spoke in a right of reply.

The Council will reconvene at 10 a.m. on Thursday, 21 June to hold a clustered interactive dialogue with the Chair-Rapporteur of the Working Group on the issue of discrimination against women in law and in practice and the Special Rapporteur on trafficking in persons, which will be followed by a clustered interactive dialogue on extreme poverty and on internally displaced persons.

Documentation

The Council has before it the Report of the Working Group on the issue of discrimination against women in law and in practice (A/HRC/38/46).

The Council has before it an addendum to the Report of the Working Group on the issue of discrimination against women in law and in practice – mission to Samoa (A/HRC/38/46/Add.1).

The Council has before it an addendum to the Report of the Working Group on the issue of discrimination against women in law and in practice – mission to Chad (A/HRC/38/46/Add.1).

The Council has before it the Report of the Special Rapporteur on trafficking in persons, especially women and children (A/HRC/38/45).

The Council has before it an addendum to the Report of the Special Rapporteur on trafficking in persons, especially women and children – mission to Cuba (A/HRC/38/45/Add.1).

The Council has before it an addendum to the Report of the Special Rapporteur on trafficking in persons, especially women and children – comments by Cuba (A/HRC/38/45/Add.1).

Presentation of Reports by the Working Group on the Issue of Discrimination against Women in Law and in Practice and the Special Rapporteur on Trafficking in Persons, Especially Women and Children

IVANA RADAÈIÆ, Chair-Rapporteur of the Working Group on the issue of discrimination against women in law and in practice, introduced the thematic report which took stock of the first six years of the mandate seeking to reassert women’s fundamental right to substantive equality in a context of rollbacks and increasing attacks against the universality of women’s human rights.  Rising authoritarianism in political governance, economic crises and rocketing inequality as well as politicization of religions, posed considerable challenges to securing substantive gender equality and the full realisation of human rights, said the Chair.  Nearly 40 years after the adoption of the Convention on the Elimination of All Forms of Discrimination against Women, no country in the world had successfully eliminated discrimination against women or achieved full gender equality.  This should no longer be tolerated or normalised; the gains from the past must be protected, and women’s rights must be urgently advanced, as they were crucial for securing the universality of human rights.  

The Chair-Rapporteur recognized that progress was being made in closing the gender gap in education and women’s participation in the labour force, as well as in recognising women’s sexual and reproductive rights.  However, women still faced structural disadvantages in economic and social spheres and globally, they remained heavily underrepresented in all branches and levels of government.  The Chair-Rapporteur called on the international community to move forward on setting and implementing standards on gender equality to counter the alarming trends towards jeopardizing the gains made in women’s rights.  Practices such as polygamy, child marriage, female genital mutilation and “honour” killings had no place in any society, she said, stressing that the voices of women human rights defenders needed to be heard.

The Working Group had visited Samoa last year and had found that gender equality was still a challenge.  The family setting was one of the primary sites of violence against women, and the repeated discourse that aimed to maintain the status quo of inequality between men and women based on Samoan culture and tradition only perpetuated the violence.  Strong political leadership and resources, as well as sustained international support, were needed in order to change this mentality.  Turning to Chad, Ms. Radaèiæ said that the country had banned female genital mutilation and child marriage, however the laws lacked full enforcement.  Rural women suffered from exclusion in all areas of their lives, and sexual violence, including rape of young girls, and widespread impunity enjoyed by the perpetrators, continued.  Finally, the high maternal mortality rate, caused by a combination of poor health infrastructure and harmful cultural practices, was regrettable.  The Working Group hoped that Chad would continue its efforts on the path to fully empowering women.

MARIA GRAZIA GIAMMARINARO, Special Rapporteur on trafficking in persons, especially in women and children, introduced the report and stressed its focus was on early identification, referral and protection of victims of trafficking in persons in mixed migration movements.  Trafficking in persons was a gross human rights violation that was often interlinked with mixed migration movements, however, early identification and assistance to victims or potential victims of trafficking among migrants remained “absolutely modest”.  Deep concern was expressed over the increasing tendency to place migration within the law enforcement paradigm, which justified restrictive migration policies on the basis of the fight against organized crime, including human trafficking.  The report explored main challenges of early identification and assistance throughout the migrants’ journey, and had found that, first, identification in hotspots and places of arrival aimed at distinguishing asylum seekers from so-called economic migrants and not at identifying vulnerabilities - identification of trafficked persons was not a priority.  

In transit and destination countries, migrants were exposed to different forms of exploitation, including trafficking, as reported along the Balkan route as well as in Central America and the Sinai desert.  The Special Rapporteur stressed that procedures aimed at identification had to be established before any decision on return, and was alarmed that the European Union Member States de facto delegated such procedures to the European Border and Coast Guard Agency, while the final decisions about return remained with individual States.  Identification was just a first step, which had to be followed with referral of persons to services which would provide assistance; the final goal was social inclusion in the host society.  The report concluded that an innovative model for early identification, referral and protection of victims and potential victims was needed within the context of the Global Compact on Migration.  

Turning to her visit to Cuba, the first visit by a Special Procedure mandate holder of the Human Rights Council in the past 10 years, Ms. Giammarinaro commended Cuba for its efforts in combatting trafficking, including the national action plan for preventing and combatting trafficking, the provision of protection and legal remedies to victims, as well as compensation of victims through the indemnity fund.  However, there was a lack of clear legal definition of trafficking, levels of prosecutions were low, identification was carried out on a limited scale, while individuals engaged in prostitution were placed in rehabilitation centres without freedom of movement, which violated the rights of possible trafficking victims.

Statements by Concerned Countries

Chad, speaking as a concerned country, said it was committed to the implementation of international human rights instruments, particularly those related to the empowerment of women.  The Government was doing all it could to speed up development by increasing women’s participation in all aspects of life.  Care and prevention centres were in place to assist victims of gender-based violence, and there were efforts to mobilize traditional leaders as part of a national women’s empowerment road map.  Legislation was in place to ensure 30 per cent representation of women as a step towards increasing their political participation.  Banks were encouraged to open special credit lines for women.  Chad would work to implement the Working Group recommendations and appealed for international assistance towards that end.

Samoa, speaking as a concerned country, said that as the first Pacific island nation to ratify the Convention on the Elimination of All Forms of Discrimination against Women in 1992, it remained committed to pursuing respect for human rights and to advancing the efforts to address discrimination against women.  Samoa had made strides towards equality and inclusion to ensure that all Samoans­­, particularly women, girls, children, and persons with disabilities, benefitted equally from economic and social progress.  The country had already put in place critical legal and policy frameworks that complied with international human rights obligations with regard to the elimination of the discrimination of women.  Several ongoing initiatives addressed gender-based violence and economic empowerment, including government partnerships to identify some of the root causes of this violence.  The National Inquiry into Family Violence had provided a platform for violence to be discussed openly and also reaffirmed calls for proactive leadership.  Several challenges remained, however, exacerbated by human and resource constraints.

Cuba, speaking as a concerned country, appreciated the recognition by the Special Rapporteur of Cuba’s political will to prevent trafficking in persons, and said that the implementation of the national action plan for preventing and combatting trafficking to 2020, which contained numerous measures, was being coordinated by the Ministry of Justice.  Cuba said that the blockade by the United States had a detrimental effect on this and many other areas, as acknowledged by the Special Rapporteur who requested sanctions to be lifted.  Concerning prostitution, authorities took note of the Special Rapporteur’s concern and said that in the majority of cases, there was no link between prostitution and trafficking.  The level of trafficking in persons was low in Cuba because of the country’s social and institutional structure and safe society.  Cuba remained committed to international cooperation and improvement of its anti-trafficking policies and said that it had put in place a zero-tolerance State policy towards trafficking.

Right of Reply

China, speaking in a right of reply in response to a statement delivered by a non-governmental organization, said that the information that the organization had provided concerning a law was false, and that China had promulgated that law for the sake of preserving national security and State sovereignty.  China reaffirmed that each law was subjected to close scrutiny, and was in line with the people’s will and international legal principles.
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