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UN experts urge India to align new anti-trafficking bill with human rights law

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India must revise its planned new legislation to tackle trafficking in persons so that the measures proposed are in line with international human rights law, said two independent UN human rights experts on Monday.

Maria Grazia Giammarinaro, Special Rapporteur on trafficking in persons, and Urmila Boola, Special Rapporteur on contemporary forms of slavery, said in a statement that they were “gravely concerned” about the bill as presented by the Government to the Indian Parliament last week.

“Its focus on addressing trafficking from a criminal law perspective is not sufficiently complemented by a human rights-based and victim-centred approach” they added, flagging that this risks further harming already vulnerable individuals.

The experts explained that the bill over-emphasises the criminal response, including the promotion of “rescue raids” by the police and the institutionalisation of victims in the name of rehabilitation, not giving due consideration to their rights and needs, especially in terms of protection.

According to the experts, other problematic aspects include the “over-broad and vague nature” of some of the bill’s provisions, which could lead to blanket criminalisation of activities that do not necessarily relate to trafficking.

“The development of an appropriate legal framework that is consistent with relevant human rights standards is key not only to ensure that victims are identified, assisted and referred to appropriate protection services, but also to guarantee more effective investigation and prosecution of perpetrators,” the statement read.

The experts advocate for the application of “appropriate screening methods and standard operating procedures for the identification and referral of victims or potential victims of trafficking and social integration programs which are respectful of their rights.”

They also expressed concerns as the proposed law seems to conflate trafficking with the smuggling of migrants.

“This may lead to the criminalisation of all irregular migrants, including victims or potential victims of trafficking, who, because of a lack of safe, orderly and regular migration channels, are forced into the hands of smugglers or traffickers,” the Special Rapporteurs stressed, pointing out that such treatment was in contrast with current international efforts, including the Global Compact on Migration, which aims at addressing protection gaps for vulnerable migrants.

“We urge the Indian Parliament to revise the Bill in accordance with human rights law, including the OHCHR Recommended Principles and Guidelines on Human Rights and Human Trafficking, in consultation with civil society organisations, UN agencies and other relevant partners,” the experts emphasised.

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‘New dawn’ for Europe as War in Ukraine Strengthens EU and Support for Enlargement

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The European Union surprised the world, and even itself, with the speed, scale and unity of its response to Russia’s invasion of Ukraine. This “new” Europe is ready to project both soft and hard power on the world stage, European leaders told participants at the World Economic Forum Annual Meeting 2022.

Christine Lagarde, President, European Central Bank, on the panel at the session, European Unity in a Disordered World?, said the Ukraine war has revealed how powerful Europe is collectively: “This is a new dawn for Europe.”

The war on Ukraine has also revealed weaknesses – including global supply chain vulnerabilities and over-reliance on Russian energy, she said, but Europe is addressing this and can begin to flex its muscles on the global stage. “Europe has untapped purchasing power, trading power, technology power, pension power and moral power.”

Roberta Metsola, President of the European Parliament, reinforced the point. “This is Europe’s moment,” she said. “Europe can become the global project for peace.”

Mistakes of the past will be rectified, she said. “For way too long we did not seriously consider an energy union where we can rely on each other rather than on a country that can switch us off at any time.”

Referring to the EU’s support and defence of Ukraine, she was emphatic: “This is not the time to talk about face-saving for Russia or appeasement.”

Eduard Heger, Prime Minister of Slovakia, also on the panel, said: “If Ukraine falls to Russian aggression, Slovakia is next.” He added that we must continue to provide military support as well as step up humanitarian aid. “Above all we need to give Ukrainians hope.”

“Let’s not compromise – we must remain faithful to the values of the EU – freedom, rule of law, human dignity and equal rights.”

Micheál Martin, Taoiseach of Ireland, said of Russia’s invasion of Ukraine: “The people of Europe have spoken. Enough is enough.” In response there is much stronger unanimity between member states and more support than ever to accept the accession of new members.

He continued: “We see the EU’s future in terms of the green economy and in terms of the digitalization but also in terms of enlargement.”

Mark Rutte, Prime Minister of the Netherlands, called on European member states to continue to raise their defence spending. “The NATO alliance members are inseparable, but Europe must play its part,” he said. “This will help transform Europe from a soft power to a hard power.”

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Geopolitical Crises Forcing Leaders to Face up to Difficult New Realities

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Poland’s President Andrzej Duda delivered a harsh rebuke to Russia over its invasion of Ukraine, pledging “100% support” for President Volodymyr Zelenskyy and calling for Moscow to pay reparations to Kyiv. “I simply cannot accept that Russia can violate international law with impunity.”

Russian aggression against Ukraine has revived unity within the West and highlighted for many Western nations the importance of democratic values. Finland and Sweden, notably, have set aside their longstanding policies of neutrality and applied to join NATO. “We are in a totally new situation and have to wake up to that,” said Pekka Haavisto, Finland’s Minister for Foreign Affairs, noting that the collapse of the post-war European security architecture, as well as Russia’s increased appetite for risk, were among the major factors prompting Finland to apply for membership.

Haavisto said that in this “grey time” between the Nordic country’s application to join the alliance and its potential full accession, when it will enjoy mutual security protection under Article 5 of the NATO charter, NATO members have given Finland and Sweden assurances that they will guarantee security. Asked about Turkey’s stated objection to extension of membership to Finland and Sweden, he expressed confidence that Helsinki can address concerns.

Alarmed by an increasingly competitive geopolitical landscape marked by mounting frictions between the United States and China, Prince Faisal bin Farhan Al Saud, Minister of Foreign Affairs of Saudi Arabia, emphasized the need for cooperation.

“If we learned anything from COVID, it is that we need to focus on cooperation and I think we need to continue to look towards avenues to foster that cooperation. Even when there is difference, when there’s competition, we need to find mechanisms to talk to each other.” He noted that Saudi Arabia, which values both its extensive trade relationship with China and its national security relationship with the US, is well-positioned to facilitate dialogue between the world’s leading powers.

Prince Faisal’s remarks were echoed by Pakistan’s Minister for Foreign Affairs, Hina Rabbani Khar, who commented on the “binary choice” that countries with close ties to both China and the US are increasingly asked to make. “We are typically asked this question all the time: Who do you choose? It shows how far we have fallen as a global community,” she said. This is particularly difficult, she noted, for a country like Pakistan, which is already in fiscal crisis and now faces “the superimposition of a food security crisis”.

Gregory W. Meeks, Democratic Congressman from New York’s 6th District and Chairman of the House Committee on Foreign, praised the bipartisan support for a recent Senate bill pledging $40 billion in humanitarian and military aid to Ukraine, as well as the broad international support that Ukraine has received.

He also focused on the potential food crisis, emphasizing the need to break the blockade of Ukraine’s Black Sea ports so Ukrainian grain can be delivered to the many countries that depend on it. “You got to open [the port of Odessa] up because that’s not been just limited to what’s happening in Ukraine; this threatens the entire world.”

Madrid is host to next month’s NATO summit and Spain’s Foreign Minister, José Manuel Albares Bueno, praised the alliance’s response to Russian aggression in Ukraine. But he emphasized the threat that the looming food crisis, if left unresolved, could pose to Europe. Noting that the Sahel – the region of North Africa bordering the Sahara – is not only already deeply food-insecure, he warned that rising cereal prices could set off a potentially destabilizing northward migration. “Unity is our best defence.”

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WEF calls for new partnerships to generate private capital for fragile communities

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The World Economic Forum released today a paper that calls for new collaboration between humanitarian and development organizations, businesses, investors and entrepreneurs to make a difference to the lives of the nearly 1 billion people living in fragile and conflict-affected settings worldwide.
 
Cultivating Investment Opportunities in Fragile Contexts: Catalysing Market-Driven Solutions to Strengthen Community and Economy Resilience outlines a practical approach to how organizations can build the capacity and strategic thinking needed to develop a sustainable business case for solutions that have the potential to unlock new sources of finance to reach impact at scale.
 
“It takes more than a single intervention to unleash transformational change in complex ecosystems. To truly leverage the potential for positive and sustainable social impact while meeting investor demand for returns, new ways of collaboration across sectors are needed,” said Børge Brende, President of the World Economic Forum.
 
The IKEA foundation is a partner of this initiative. Over the next three years the partnership will develop innovative business models and investments that strengthen local economies and increase the self-reliance and resilience of the most vulnerable communities and economies.
 
“We support the World Economic Forum because of our mutual goal to improve the lives of people who are affected by crises, including those who are forced to flee,” said IKEA Foundation CEO Per Heggenes. “We believe that together we can help attract the investment needed to strengthen fragile communities and empower the people who live in them to rebuild their lives and create a better future for children and their families.”
 
The joint discussion paper is an evolution of the work initiated by the Forum’s Humanitarian and Resilience Investing (HRI) Initiative, which was launched at the World Economic Forum Annual Meeting 2019 in Davos-Klosters, Switzerland.
 
As a first step, the initiative will operationalize the Organizational Readiness Playbook launched in 2020, and bring together a cohort of pioneers from humanitarian and development organizations, donor governments and development finance institutions to increase organizational capacity for HRI.
 
The initiative will also support investment opportunities targeting HRI to meet investor criteria and attract the commercial capital needed to reach scale. It will further facilitate the development of new tools, research and resources, including the standards, common terminology and analytic frameworks that allow for systems-level impact measurement.

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