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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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Canada grants asylum for Rahaf Mohammed al-Qunun

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Rahaf Mohammed al-Qunun’s desperate and ultimately successful bid for asylum in the face of alleged death-threats from her own family, provides a “glimpse into the precarious situation of millions of refugees worldwide” said the UN High Commissioner for Refugees on Friday.

In a statement, the UN Refugee Agency, UNHCR, said Canada had agreed to give asylum to the 18-year-old Saudi national who fled her family in Kuwait before her passport was taken away at the Bangkok airport on Sunday.

She was offered protection by UNHCR, and taken to a place of safety, while her claim was assessed by the UN agency, which decided that her claim was valid. Thai officials blocked Saudi requests for her to be sent back to Kuwait.

The agency welcomed the decision of the Canadian Government to provide international protection and a new home for the Saudi national there as a resettled refugee.

UNCHR chief Filippo Grandi said in his statement that “refugee protection today is often under threat and cannot always be assured, but in this instance international refugee law and overriding values of humanity have prevailed.”

UNHCR consistently advocates for the principle of non-refoulment, which states that anyone confirmed, or claiming to be in need of international protection, cannot be returned to a territory where their life or freedom are threatened. This principle is recognized as customary international law and is also enshrined in Thailand’s treaty obligations, according to UNHCR, although it is not a party to the 1951 UN Refugee Convention or its 1967 Protocol, defining the status of refugees.

With political sentiment and public attitudes towards refugees having hardened in some countries in recent years, formal resettlement – the mechanism by which Ms al-Qunun has been accepted by Canada – is available only to a fraction of the world’s 25.4 million refugees, typically those at greatest risk, many of whom are women.

The case was dealt with on a fast-track ‘emergency’ basis in light of the urgency of her situation. Ms al-qunun said that she would be killed if sent back home.

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International co-operation vital to improve integration of refugees

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Countries should increase their co-operation and information sharing to enable them to deal more effectively and quickly with inflows of humanitarian migrants, according to a new OECD report.

Ready to Help? Improving Resilience of Integration Systems for Refugees and other Vulnerable Migrants finds that the increase in the refugee population in OECD countries – from about 2 million in mid-2013 to about 6 million today – has had a highly concentrated impact, in geographical and demographic terms – but also in terms of the type of services placed under pressure.

While recent refugees are expected to increase the working-age population of European countries by 0.3% by the end of 2020, they face higher hurdles than other immigrant groups in integrating into the labour market, due to lower education levels and slow transition to employment. In some countries, the effect of the refugee inflow will be more apparent: in Austria, Greece and Sweden, recent refugees will increase the labour force by 0.5% and in Germany, by 0.8%. In Turkey, Syrian refugees already represent about 3% of the working-age population.

“Integration is as great a challenge if not greater than the challenges linked to initial reception of refugees and other vulnerable migrants,” said Ulrik Vestergaard Knudsen, OECD Deputy Secretary-General, launching the report in Paris at the Policy Dialogue on the Integration of Refugees and other Vulnerable Migrants. “Ensuring better integration requires an up-front investment.”

Building on the recommendations of the Global Compact on Refugees and OECD work, the report identifies a number of policies to improve integration. These include:

  • Increasing international co-operation and collaboration. Countries were caught off-guard by the recent humanitarian refugee crisis, without an effective framework for sharing and using information to capture early signals of impending surges in demand, but also without an agreed mechanism for collaboration and mutual aid. Co-ordination with humanitarian, development and peace actors in developing countries hosting refugees – 85% of the world’s refugees are in developing countries – is also essential.
  • Stepping up efforts to help refugees and vulnerable migrants find and stay in work. This includes improving transparency and simplicity in pathways to access the labour market; mainstream employment support; skills recognition; and language support.
  • Working more closely with a wide variety of stakeholders involved in the integration of migrants, including civil society, the private sector, social partners, and government bodies at the sub-national level. In particular, employers have a key role to play, while coordination of national and local governments is necessary to improve buy-in, especially when people requesting protection are dispersed by central authorities to sub-national regions.
  • Putting in place a clear long-term integration strategy, including provisions for return to origin countries when warranted.
  • A crisis plan is also needed to identify partners, channels of communication and responsibilities in the face of large inflows of people seeking protection.

Ready to Help? Improving Resilience of Integration Systems for Refugees and other Vulnerable Migrants addresses 22 key policy questions regarding how OECD countries can be better prepared. It is the result of joint work across different parts of the Organisation and examines recent experience, lays out areas of focus for policy-makers, points to concrete evidence and examples, and summarises the latest research.

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UN: ‘Critical test’ for North Korea’s Government as civilian suffering remains rife

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A woman queues at a food distribution in Songchon County as part of the Food for Disaster Risk Reduction (FDRR) project in Songchon County, DPRK. 26 January 2017. @ WFP/Colin Kampschoer

The human rights situation in Democratic People’s Republic of Korea – DPRK – remains “extremely serious”, and along with international demands for denuclearization, this constitutes a “a critical test” for the year ahead, a senior UN-appointed expert said on Friday.

Tomás Quintana was speaking in his capacity as UN Special Rapporteur on human rights in DPRK, commonly known as North Korea; his press conference was held in the South Korean capital, Seoul, as he continued to be denied access to its northern neighbour.

“Of those who left the North recently that I interviewed during this mission, every person gave accounts of ordinary people being subjected to exploitative labour and serious human rights violations such as forced evictions in the name of development,” he said. “Stories were told to me of people, including children, being subjected to long hours of labour where they were forced to work without remuneration…. One person concluded: “the whole country is a prison.”

Mr. Quintana urged the DPRK authorities to engage with his mandate and allow him to visit the country “to hear the voice of the people and the authorities”.

Many ordinary people ‘being left behind’

He detailed personal testimonies gathered during his five-day mission about “political prison camps” which contain “thousands of people” accused of committing crimes against the State.

Their detention happens without “due process guarantees or fair trial, in a manner that amounts to enforced disappearances with the family not knowing their whereabouts”, the Special Rapporteur explained, before highlighting that people’s “fear” of being imprisoned was “very real and deeply embedded in the consciousness of the ordinary North Korean people”.

Surveillance and close monitoring of ordinary citizens is also a fact of life in DPRK, Mr. Quintana continued, as well as other restrictions on basic freedoms, not least the prohibition on leaving the country.

His comments follow a historic meeting between DPRK leader Kim Jong-Un and US President Donald Trump in Singapore last June, which focused on denuclearization talks.

Humanitarian aid remains ‘vital’

Noting that Kim had stated that “improving people’s standard of living radically” was a priority in his New Year message, Mr. Quintana said that this might represent “recognition” of economic and social hardships for ordinary people.

It “represents an important first step towards taking action to address the challenges,” the UN expert said, before calling on the international community to continue to support the “vital” humanitarian assistance that was being provided by various actors to the people of the DPRK.

“In particular, it is important that humanitarian cooperation is extended without politicization and in full respect of the principles of neutrality and independence,” he said, reiterating a call to the UN Security Council to ensure its sanctions do not have a detrimental impact on the people of the DPRK.

The findings of Mr. Quintana’s latest report will be delivered to the Human Rights Council in Geneva at its next regular session which begins in late February.

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