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10 April 2000
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10 April 2000
1999 was not a very auspicious year for the rights of women. Gang rape during times of war, an increase in trafficking of women in certain parts of the world, the persistence of domestic violence and the under prosecution of rape crimes continued unabated. However, in retrospect the single dramatic development in 1999 was the increase in reporting one of the oldest crimes against women- honor killings. The sudden increase in honor killings in countries such as Pakistan, Jordan and Turkey must be of serious concern to the international community.
Honor killing is one history's oldest gender based crimes. It assumes that a woman's behavior casts a reflection on the family and the community. If women fall in love, seek a divorce even from a battered husband, or enter into a relationship outside marriage they are seen as violating the honor of the community. When a woman engages in these acts she is subject to the violence of her own family members, her own husband, brother or father. Honor killings is the most intimate of all crimes since it is those who, being tied to the woman through love or affection, are required to carry out her execution and kill her in cold blood.
In modern society, the State is said to have the monopoly of violence. It should not tolerate these extrajudicial killings that do not have sanction of the rule of law. But many states have soft-pedaled the issues while others seek to tolerate such killings in their law codes. The Convention on the Elimination of Discrimination Against women (CEDAW) recognizes the rights of women to freely choose their spouses and guarantees equality in marriage. It is absolutely essential that women's right of choice is protected and that she be given equal rights with men. Countries that fail to give recognition to these principles are in violation of international standards. When they allow violence toward women who are exercising their right of choice, they are flagrantly violating the rule of law and encouraging impunity on the part of male members of the family who direct violence against their own women. I propose to conduct a thorough study of the phenomenon for my next report so that the Commission will be aware of the facts and figures with regard to this brutal phenomenon. It is important that the Commission take note of this issue in its deliberations. I say this at the beginning of my presentation to highlight its importance and the need for international awareness of an ancient crime.
Mr. Chairperson, my main report this year focuses on the issue of trafficking of women. At present there is no internationally accepted definition of trafficking. There have been two schools of thought on this matter that have confused the international debate on this very important question. The first approach focuses on the end product of trafficking whether it is prostitution, forced labor, contracts for brides or other similar activities. The second approach focuses on the process of trafficking itself, regardless of the end product and in that sense attempts to capture the phenomenon of women being taken across borders without their consent for a variety of practices.
Mr. Chairperson, after carefully evaluating the positions of respective parties, I have come to the determination that the second approach to trafficking is the more effective one. Rather than clinging to outdated notions of the constituent elements of trafficking, there is a greater need for as assessment of current developments especially in the era of globalisation and large-scale migration. Trafficking is a dynamic concept and we must define it so as to respond to changing economic, social and political conditions. In this era of migration and hybrid civilizations we must recognize that what differentiates trafficking from migration is its non-consensual nature. Trafficking can never be consensual. There lies the crux of our problem. Whenever, people are taken across borders against their will, this is an offense regardless of the services that they will form. Whether it is prostitution, forced labor or forced marriage it is the lack of consent that we must focus on. The world is becoming a smaller place. We cannot prevent migration. Nor should we interfere with a woman's right of movement. What the international community must prevent is the involuntary passage of people across boundaries, not the prohibition of choices of informed adults who want to migrate to other countries. Too often trafficking is seen as an immigration problem. It is not. It is a human rights problem. It is therefore a cause for concern that immigration and law enforcement officers have taken a lead in defining international terms of the trafficking debates. It is essential that the international community see trafficking within a human rights paradigm requiring a human rights perspective in controlling and preventing its abuse.
Mr. Chairperson, the report I present to you is based on extensive research done my staff into the problem of trafficking. We have collected material from all parts of the world and consulted experts from around the globe. The report is meant to fill a void that exists, as there is no international definition of trafficking and no modern international instrument dealing with trafficking. At the same time there are current attempts around the world whether in Vienna or the SAARC countries to define and develop international and regional standards. This report hopes to feed into that very important debate. We feel that there should be a comprehensive approach to trafficking and that any international or regional action should recognize trafficking for what it is- the non-consensual crossing of borders by persons whether they be men, women or children.
In this context, I must mention that I am very concerned by the apparent link between, protectionist, racist and anti-immigration policies and the phenomenon of trafficking. Restrictive and exclusionary immigration policies are actually causative factors in the persistence and prevalence of trafficking. They are definitely not deterrents. By marginalising women who are already vulnerable, strict immigration policy play directly into the hands of traffickers. Where there is scope for legal migrant work, the necessity for illegal migrant work diminishes. This is the absolute reality. Countries of the western hemisphere who feel that they can stop trafficking by bringing down the wall of immigration are gravely mistaken. Only an enlightened approach to trafficking in host countries will allow the international community to root out trafficking without further violating human rights.
Unfortunately Mr. Chairperson, it is sad to note that a trafficked woman when detected by host States is subject to even greater indignities. Jail, deportation and confinement in homes are usually the price they pay for freedom. As a result they are frightened to approach the authorities. More enlightened countries such as Belgium allows the women to stay on for a certain period supported by women's groups so that they can testify in cases involving trafficking. But in most parts of the world, trafficked women are initially jailed and then deported without much consideration for their needs or desires. A human rights approach therefore requires a different strategy toward trafficked women. My report tries and outlines some of the strategies that have been successful. We strongly urge member states to look at these strategies. Instead of treating trafficked women as illegal immigrants, it must be recognized that they are victims of a crime and deserve understanding and support.
Mr. Chairperson, the addendum to my report deals with violence against women resulting from state economic and social policies. I have tried to identify the areas where economic and social policy adopted by states, often pursuant to advice from international financial institutions can result in a great deal of hardship of women. The report is not attempted as a critique of economic development. It attempts, by focusing on examples, to highlight the need for a human rights approach to development policy. It is also an appeal for countries to takes economic and social rights as seriously as political and civil rights. These rights are indivisible. The addendum accepts that proposition and attempts to focus some debate on economic and social policy and violence against women.
Mr. Chairperson I made four field visits during the course of 1999. The one that had a lasting impression on me because it shocks the conscience of mankind is the field visit to Afghanistan. The international community cannot tolerate the situation in Afghanistan and no regime anywhere in the world that treats women the Taliban way should be allowed access to the community of nations. We found official, widespread and systematic discrimination against women in Afghanistan made worse by the conditions of poverty and war. A body of government calling itself the Department of Virtue and the Suppression of Vice is responsible for the most inhuman edicts against women. Women are denied physical security in that members of this department assault women in the streets with instruments that look like leather cricket bats. They do so with impunity and without due process for women's ankles showing, for not having a male escort, for wearing the wrong kind of burqua, for laughing loudly, for listening to music, for idling, among a whole host of crimes including the crime of wearing white socks. Young men straight out of religious schools are seen wielding this weapon against old women and young mothers.
In addition Mr. Chairperson, women are denied the right to education, especially secondary and tertiary education; they are denied the right to health and the hospitals and wards dedicated to their care are under-equipped. Mental health is now a serious problem with a large percentage of women showing signs of clinical depression. Women are generally not allowed to work and in the past as the war has created many widows this was an impossible situation. Now women widows can work in certain service oriented non-lucrative fields. Women do not have freedom of movement or the right to rest recreation or association. We spoke to educated women in Kabul and it was a heartbreaking experience.
Mr. Chairperson, many UN personnel on the ground cautioned me about being too harsh saying that things were gradually improving. Girls from 6-10 can now go to Mosque schools and learn the Koran, widows can now work in certain fields, ICRC hospitals are catering for women etc.YThese are paltry, incremental changes and the agencies on the ground are missing the wood for the trees. The situation in Afghanistan is appalling. As the only Rapporteur of this Commission assigned to the rights of women I cannot be more forceful in arguing that the international community must do everything in its power to ensure that the government that rules Afghanistan abides by minimum standards of women's human rights. Though I do not advocate the cutting of humanitarian aid, there is no doubt in my mind that all other mechanisms at the disposal of the international community should be used to stop what in feminist language would be called large-scale, systematic femicide.
Mr. Chairperson, The first visit I made last year was to Cuba upon the invitation of the Cuban government. I was impressed by the situation of women in Cuba and especially by the work of their Women's Federation. However, I have attempted in this report to enter into a constructive dialogue about improving the situation in the country with regard to approaches to violence against women. I was also concerned, as are many of my colleagues, about the situation of arbitrary detention and political and civil rights. The report also condemns the US embargo on Cuba and asks for further international investigation, as it seems that the economic and social rights of Cuban citizens are directly violated by this embargo.
In this context, Mr. Chairperson, I am completely amazed by the response of the Cuban government- a response that is quite disproportionate to the actual criticism leveled in the report. The attack on the staff of the secretariat augmented by the procurement of confidential internal documents is quite unprecedented and if I may say so quite unwarranted. I stand by the integrity of my assistants and take full responsibility for this report. I would like to assure the Cuban government that the mission was an independent fact finding mission and nothing more. I would like to point out to the government of Cuba that I had no desire to visit or report on Cuba since I am aware that the situation of women in Cuba is far ahead of their counterparts in the developing world. However I did so at their invitation and in the hope of starting a constructive dialogue. We conducted the mission with a great deal goodwill and with a desire to be helpful in our approach. Frankly Mr. Chairperson, I am just shocked and saddened by the nature of the response.
In pursuance of resolutions passed by this Commission and the United Nations General Assembly, I also made a field visit to Haiti. I was concerned by the fact that the United Nations was considering disengagement from Haiti. I think it is extremely important that in the areas of police and law and order that the international community retain its presence until a Haitian police force is fully trained and in force. I met with many women's organizations and victims of political violence. The political rapes in Haiti during the Cedras regime were major violations of human rights. My hope is that the government of Haiti will implement the recommendations of the Truth and Reconciliation Commission and make arrangements to punish the perpetrators and compensate the victims. The other major problem facing Haiti is that the state is not present in a large part of the country and therefore it is impossible to collect data so as to ascertain the real nature of the problem of violence against women. The need for international assistance in setting up a comprehensive state apparatus that can implement the rule of law is one of the greatest tasks before Haiti and the international community.
Mr. Chairperson since I presented my report last year a terrible tragedy befell my country that has implications for this mandate. Dr. Neelan Tiruchelvam, a statesman, scholar, a human rights activist of international repute was brutally killed by a suicide bomber in Colombo. I would like to place on record Dr. Tiruchelvam's contribution to this mandate. He was my colleague and co-director of the International Centre for Ethnic Studies. He took on full responsibility for the running of the Center so that I could devote a great deal of my time to this mandate on violence against women. He encouraged and supported every effort to strengthen the work of my mandate. He did so not only because he believed in the cause of fighting violence against women but also because he was a tireless crusader for human rights and non-violence. He believed in peace, reconciliation and civilisational values. He has walked these corridors many a time and was a personal friend of many of you in this room. His loss is an irreplaceable one for the human rights community in general and this mandate in particular.
Mr. Chairperson, you have before you during this session a demand for a resolution on the rights of human rights defenders. Dr. Tiruchelvam's death is a stark reminder of the importance of such resolutions. Human rights defenders should be protected from abuse by the state as well as by non-state actors. It is essential that we protect these people as their activities contribute to the very essence of the Commission's work.
If the international community cannot protect and defend the very people who gather information on human rights abuses and who fight for human rights in their societies, then the struggle for human rights becomes meaningless. We cannot defend international ideals if the people who espouse and protect those ideals are gunned down with impunity. If as Milan Kundera has said that human rights is the victory of memory over forgetting, let us not forget the many heroes of human rights who have given their lives in the twentieth century. The greatest tribute we can pay them is to ensure that future heroes are not killed in a similar manner. I urge you from the bottom of my heart to adopt the resolution on the protection of human rights defenders.
Thank you
1999 was not a very auspicious year for the rights of women. Gang rape during times of war, an increase in trafficking of women in certain parts of the world, the persistence of domestic violence and the under prosecution of rape crimes continued unabated. However, in retrospect the single dramatic development in 1999 was the increase in reporting one of the oldest crimes against women- honor killings. The sudden increase in honor killings in countries such as Pakistan, Jordan and Turkey must be of serious concern to the international community.
Honor killing is one history's oldest gender based crimes. It assumes that a woman's behavior casts a reflection on the family and the community. If women fall in love, seek a divorce even from a battered husband, or enter into a relationship outside marriage they are seen as violating the honor of the community. When a woman engages in these acts she is subject to the violence of her own family members, her own husband, brother or father. Honor killings is the most intimate of all crimes since it is those who, being tied to the woman through love or affection, are required to carry out her execution and kill her in cold blood.
In modern society, the State is said to have the monopoly of violence. It should not tolerate these extrajudicial killings that do not have sanction of the rule of law. But many states have soft-pedaled the issues while others seek to tolerate such killings in their law codes. The Convention on the Elimination of Discrimination Against women (CEDAW) recognizes the rights of women to freely choose their spouses and guarantees equality in marriage. It is absolutely essential that women's right of choice is protected and that she be given equal rights with men. Countries that fail to give recognition to these principles are in violation of international standards. When they allow violence toward women who are exercising their right of choice, they are flagrantly violating the rule of law and encouraging impunity on the part of male members of the family who direct violence against their own women. I propose to conduct a thorough study of the phenomenon for my next report so that the Commission will be aware of the facts and figures with regard to this brutal phenomenon. It is important that the Commission take note of this issue in its deliberations. I say this at the beginning of my presentation to highlight its importance and the need for international awareness of an ancient crime.
Mr. Chairperson, my main report this year focuses on the issue of trafficking of women. At present there is no internationally accepted definition of trafficking. There have been two schools of thought on this matter that have confused the international debate on this very important question. The first approach focuses on the end product of trafficking whether it is prostitution, forced labor, contracts for brides or other similar activities. The second approach focuses on the process of trafficking itself, regardless of the end product and in that sense attempts to capture the phenomenon of women being taken across borders without their consent for a variety of practices.
Mr. Chairperson, after carefully evaluating the positions of respective parties, I have come to the determination that the second approach to trafficking is the more effective one. Rather than clinging to outdated notions of the constituent elements of trafficking, there is a greater need for as assessment of current developments especially in the era of globalisation and large-scale migration. Trafficking is a dynamic concept and we must define it so as to respond to changing economic, social and political conditions. In this era of migration and hybrid civilizations we must recognize that what differentiates trafficking from migration is its non-consensual nature. Trafficking can never be consensual. There lies the crux of our problem. Whenever, people are taken across borders against their will, this is an offense regardless of the services that they will form. Whether it is prostitution, forced labor or forced marriage it is the lack of consent that we must focus on. The world is becoming a smaller place. We cannot prevent migration. Nor should we interfere with a woman's right of movement. What the international community must prevent is the involuntary passage of people across boundaries, not the prohibition of choices of informed adults who want to migrate to other countries. Too often trafficking is seen as an immigration problem. It is not. It is a human rights problem. It is therefore a cause for concern that immigration and law enforcement officers have taken a lead in defining international terms of the trafficking debates. It is essential that the international community see trafficking within a human rights paradigm requiring a human rights perspective in controlling and preventing its abuse.
Mr. Chairperson, the report I present to you is based on extensive research done my staff into the problem of trafficking. We have collected material from all parts of the world and consulted experts from around the globe. The report is meant to fill a void that exists, as there is no international definition of trafficking and no modern international instrument dealing with trafficking. At the same time there are current attempts around the world whether in Vienna or the SAARC countries to define and develop international and regional standards. This report hopes to feed into that very important debate. We feel that there should be a comprehensive approach to trafficking and that any international or regional action should recognize trafficking for what it is- the non-consensual crossing of borders by persons whether they be men, women or children.
In this context, I must mention that I am very concerned by the apparent link between, protectionist, racist and anti-immigration policies and the phenomenon of trafficking. Restrictive and exclusionary immigration policies are actually causative factors in the persistence and prevalence of trafficking. They are definitely not deterrents. By marginalising women who are already vulnerable, strict immigration policy play directly into the hands of traffickers. Where there is scope for legal migrant work, the necessity for illegal migrant work diminishes. This is the absolute reality. Countries of the western hemisphere who feel that they can stop trafficking by bringing down the wall of immigration are gravely mistaken. Only an enlightened approach to trafficking in host countries will allow the international community to root out trafficking without further violating human rights.
Unfortunately Mr. Chairperson, it is sad to note that a trafficked woman when detected by host States is subject to even greater indignities. Jail, deportation and confinement in homes are usually the price they pay for freedom. As a result they are frightened to approach the authorities. More enlightened countries such as Belgium allows the women to stay on for a certain period supported by women's groups so that they can testify in cases involving trafficking. But in most parts of the world, trafficked women are initially jailed and then deported without much consideration for their needs or desires. A human rights approach therefore requires a different strategy toward trafficked women. My report tries and outlines some of the strategies that have been successful. We strongly urge member states to look at these strategies. Instead of treating trafficked women as illegal immigrants, it must be recognized that they are victims of a crime and deserve understanding and support.
Mr. Chairperson, the addendum to my report deals with violence against women resulting from state economic and social policies. I have tried to identify the areas where economic and social policy adopted by states, often pursuant to advice from international financial institutions can result in a great deal of hardship of women. The report is not attempted as a critique of economic development. It attempts, by focusing on examples, to highlight the need for a human rights approach to development policy. It is also an appeal for countries to takes economic and social rights as seriously as political and civil rights. These rights are indivisible. The addendum accepts that proposition and attempts to focus some debate on economic and social policy and violence against women.
Mr. Chairperson I made four field visits during the course of 1999. The one that had a lasting impression on me because it shocks the conscience of mankind is the field visit to Afghanistan. The international community cannot tolerate the situation in Afghanistan and no regime anywhere in the world that treats women the Taliban way should be allowed access to the community of nations. We found official, widespread and systematic discrimination against women in Afghanistan made worse by the conditions of poverty and war. A body of government calling itself the Department of Virtue and the Suppression of Vice is responsible for the most inhuman edicts against women. Women are denied physical security in that members of this department assault women in the streets with instruments that look like leather cricket bats. They do so with impunity and without due process for women's ankles showing, for not having a male escort, for wearing the wrong kind of burqua, for laughing loudly, for listening to music, for idling, among a whole host of crimes including the crime of wearing white socks. Young men straight out of religious schools are seen wielding this weapon against old women and young mothers.
In addition Mr. Chairperson, women are denied the right to education, especially secondary and tertiary education; they are denied the right to health and the hospitals and wards dedicated to their care are under-equipped. Mental health is now a serious problem with a large percentage of women showing signs of clinical depression. Women are generally not allowed to work and in the past as the war has created many widows this was an impossible situation. Now women widows can work in certain service oriented non-lucrative fields. Women do not have freedom of movement or the right to rest recreation or association. We spoke to educated women in Kabul and it was a heartbreaking experience.
Mr. Chairperson, many UN personnel on the ground cautioned me about being too harsh saying that things were gradually improving. Girls from 6-10 can now go to Mosque schools and learn the Koran, widows can now work in certain fields, ICRC hospitals are catering for women etc.YThese are paltry, incremental changes and the agencies on the ground are missing the wood for the trees. The situation in Afghanistan is appalling. As the only Rapporteur of this Commission assigned to the rights of women I cannot be more forceful in arguing that the international community must do everything in its power to ensure that the government that rules Afghanistan abides by minimum standards of women's human rights. Though I do not advocate the cutting of humanitarian aid, there is no doubt in my mind that all other mechanisms at the disposal of the international community should be used to stop what in feminist language would be called large-scale, systematic femicide.
Mr. Chairperson, The first visit I made last year was to Cuba upon the invitation of the Cuban government. I was impressed by the situation of women in Cuba and especially by the work of their Women's Federation. However, I have attempted in this report to enter into a constructive dialogue about improving the situation in the country with regard to approaches to violence against women. I was also concerned, as are many of my colleagues, about the situation of arbitrary detention and political and civil rights. The report also condemns the US embargo on Cuba and asks for further international investigation, as it seems that the economic and social rights of Cuban citizens are directly violated by this embargo.
In this context, Mr. Chairperson, I am completely amazed by the response of the Cuban government- a response that is quite disproportionate to the actual criticism leveled in the report. The attack on the staff of the secretariat augmented by the procurement of confidential internal documents is quite unprecedented and if I may say so quite unwarranted. I stand by the integrity of my assistants and take full responsibility for this report. I would like to assure the Cuban government that the mission was an independent fact finding mission and nothing more. I would like to point out to the government of Cuba that I had no desire to visit or report on Cuba since I am aware that the situation of women in Cuba is far ahead of their counterparts in the developing world. However I did so at their invitation and in the hope of starting a constructive dialogue. We conducted the mission with a great deal goodwill and with a desire to be helpful in our approach. Frankly Mr. Chairperson, I am just shocked and saddened by the nature of the response.
In pursuance of resolutions passed by this Commission and the United Nations General Assembly, I also made a field visit to Haiti. I was concerned by the fact that the United Nations was considering disengagement from Haiti. I think it is extremely important that in the areas of police and law and order that the international community retain its presence until a Haitian police force is fully trained and in force. I met with many women's organizations and victims of political violence. The political rapes in Haiti during the Cedras regime were major violations of human rights. My hope is that the government of Haiti will implement the recommendations of the Truth and Reconciliation Commission and make arrangements to punish the perpetrators and compensate the victims. The other major problem facing Haiti is that the state is not present in a large part of the country and therefore it is impossible to collect data so as to ascertain the real nature of the problem of violence against women. The need for international assistance in setting up a comprehensive state apparatus that can implement the rule of law is one of the greatest tasks before Haiti and the international community.
Mr. Chairperson since I presented my report last year a terrible tragedy befell my country that has implications for this mandate. Dr. Neelan Tiruchelvam, a statesman, scholar, a human rights activist of international repute was brutally killed by a suicide bomber in Colombo. I would like to place on record Dr. Tiruchelvam's contribution to this mandate. He was my colleague and co-director of the International Centre for Ethnic Studies. He took on full responsibility for the running of the Center so that I could devote a great deal of my time to this mandate on violence against women. He encouraged and supported every effort to strengthen the work of my mandate. He did so not only because he believed in the cause of fighting violence against women but also because he was a tireless crusader for human rights and non-violence. He believed in peace, reconciliation and civilisational values. He has walked these corridors many a time and was a personal friend of many of you in this room. His loss is an irreplaceable one for the human rights community in general and this mandate in particular.
Mr. Chairperson, you have before you during this session a demand for a resolution on the rights of human rights defenders. Dr. Tiruchelvam's death is a stark reminder of the importance of such resolutions. Human rights defenders should be protected from abuse by the state as well as by non-state actors. It is essential that we protect these people as their activities contribute to the very essence of the Commission's work.
If the international community cannot protect and defend the very people who gather information on human rights abuses and who fight for human rights in their societies, then the struggle for human rights becomes meaningless. We cannot defend international ideals if the people who espouse and protect those ideals are gunned down with impunity. If as Milan Kundera has said that human rights is the victory of memory over forgetting, let us not forget the many heroes of human rights who have given their lives in the twentieth century. The greatest tribute we can pay them is to ensure that future heroes are not killed in a similar manner. I urge you from the bottom of my heart to adopt the resolution on the protection of human rights defenders.
Thank you