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Shining a light on sexually exploited women and girls forced into crime

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Trafficked and sexually exploited woman and girls can find themselves facing prosecution and conviction for those very same crimes, in some countries, a new UN report shows. The study aims to help prosecutors to better handle these complex cases, and protect the genuine victims.

No clear-cut cases

A 2017 criminal case in Canada, to take one example from the report, involved an 18-year-old woman defendant was charged with the forced prostitution of two female minors, aged 14 and 16. She had instructed one of them on how to dress, and what to do with clients, and taken away the cell phone of the other, to prevent her from escaping.

She was found guilty and sentenced to eight months in prison. However, it was revealed during the case that she too was a victim of sexual exploitation. The court heard that she was under the control of a male trafficker, and had been exploited from the age of 16, and physically abused by pimps.

The case, which is included in Female Victims Of Trafficking For Sexual Exploitation As Defendants, a new publication from the UN Office on Drugs and Crime (UNODC), shows the complexity of many human-trafficking-related cases, in which the defendant may also be a victim, who either had no alternative but to obey an order, and commit a crime, or hoped to limit their own exploitation or escape poverty by playing a role in the crime. The study also found that traffickers use the women and girls as a shield to protect themselves from being punished for their crimes.

Punished twice

 “Ever since UNODC started collecting statistics on human trafficking 15 years ago, women and girls have consistently represented the majority of reported victims”, says Zoi Sakelliadou, a UNODC Crime Prevention and Criminal Justice Officer, who coordinated the development of the study. 

“We’ve also seen that the percentage of female perpetrators of trafficking who are at the same time victims of this crime, is steadily high too, especially if compared to female offenders in other crimes. The traffickers not only earned a profit by sexually exploiting the victims, but then made them commit crimes so they could escape liability and prosecution”.

The report shows that traffickers deliberately used the “victim-defendants” in low-level roles, that exposed them to law enforcement authorities – meaning they were more likely to get caught.

These roles included the recruitment of new victims, collecting proceeds, imposing punishments, or posting advertisements for victims’ sexual services.

In very few of the examined cases did the victims engage in acts of trafficking in an attempt to move up the hierarchy of the criminal organization or for financial gain.

It was not just the statistics that led UNODC to analyse this topic, explains Ms. Sakelliadou, but also calls from law enforcement and criminal justice officials, who stressed the complexity of investigating and adjudicating cases that involve female victims of trafficking as alleged perpetrators. 

The study also highlights the clear links between human trafficking and violence against women, domestic violence, and the role of intimate partner violence.  

“We found that in around a quarter of the cases examined, the women had been subjected to multiple forms of violence prior to and during the trafficking process, including from early childhood”, says Ms. Sakelliadou. “We hope this study will support the law enforcement and criminal justice officials and the NGOs who handle these complex cases and support the victims.”

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Human Rights

‘No place’ for coups in today’s world

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photo: Wikipedia

On the opening day of a new UN Human Rights Council session on Monday, UN Secretary-General António Guterres reiterated his “full support to the people of Myanmar”, three weeks after the military takeover that has brought thousands out onto the streets in protest. 

“Coups have no place in our modern world”, Mr. Guterres said in a pre-recorded video address at the Council’s 46th regular session, his comments coming after the forum held a special session on 12 February, in which it adopted a resolution expressing deep concern at the junta’s move. 

“Today, I call on the Myanmar military to stop the repression immediately”, the UN chief continued. “Release the prisoners. End the violence. Respect human rights and the will of the people expressed in recent elections. I welcome the resolution of the Human Rights Council, pledge to implement your request, and express my full support to the people of Myanmar in their pursuit of democracy, peace, human rights and the rule of law.” 

14-year old victim 

Mr. Guterres’s comments followed his censure at the weekend of the use of “deadly force” in Myanmar, in which a protester – reportedly 14 years old – was killed in Mandalay, along with one other. 

Also addressing the Council at the start of its month-long session, which is being held almost entirely remotely to prevent the spread of COVID-19, UN High Commissioner for Human Rights, Michelle Bachelet, focused on the massive and negative impact of pandemic. 

“I think we all realise that the use of force will not end this pandemic. Sending critics to jail will not end this pandemic. Illegitimate restrictions on public freedoms, the overreach of emergency powers and unnecessary or excessive use of force are not just unhelpful and unprincipled. They deter public participation in decision-making, which is the foundation of sound policy-making.”  

Help for the most vulnerable 

In another video message, President of the UN General Assembly, Volkan Bozkir, underscored the need to focus on people’s basic needs – including new coronavirus vaccines – as the best way to recover from the pandemic. 

“It is essential that all responses to the COVID-19 pandemic are centred around human rights, and promote the protection of our citizens, including the most vulnerable who need our care and consideration the most”, he said. “This includes ensuring the equal and fair distribution of vaccines for all. It is critical that civil society, the private sector, and all stakeholders are facilitated to participate and provide feedback throughout the planning and assessment of responses.” 

Vaccine unfairness 

Echoing the call for equitable vaccine access in a wide-ranging address that included a broadside against right-wing extremists becoming a “transnational threat” and the manipulation of personal digital data by Governments to control citizens’ behaviour, the Secretary-General described the fact that only 10 countries had administered “more than 75 per cent of all COVID-19 vaccines” as “the latest moral outrage”.  

Vaccine equity “affirms human rights”, he said, but “vaccine nationalism denies it. Vaccines must be a global public good, accessible and affordable for all.” 

Taking up that theme, Ms. Bachelet insisted that the new coronavirus crisis had illustrated the “deadly realities of discrimination”. 

Deep inequalities and chronic under-funding for essential services were to blame, she added, with policymakers largely responsible for ignoring these basic needs. 

Pandemic rolls on 

“Today, the medical impact of the pandemic is far from over – and its effects on economies, freedoms, societies, and people have only just begun”, she said. “The global rise in extreme poverty, accelerating inequalities; setbacks to women’s rights and equality; to education and opportunities for children and young people; and to the Sustainable Development Agenda are shocks that could shake the foundations of societies.” 

Despite the scale of the challenges posed in this second year of the pandemic, the High Commissioner struck a positive note, insisting that “we have the possibility of rebuilding better, more inclusive systems, which address root causes and prepare us to meet the challenges we will certainly face”.  

Among the many major problems facing people everywhere, the UN Secretary-General highlighted the disproportionate gender impact of COVID-19. 

Crisis ‘has a woman’s face’ 

“The crisis has a woman’s face”, he said. “Most essential frontline workers are women — many from racially and ethnically marginalized groups and at the bottom of the economic ladder. Most of the increased burden of care in the home is taken on by women.”  

Persons with disabilities, older persons, refugees, migrants and indigenous peoples had also paid a higher price than others during the first year of the pandemic. Mr. Guterres continued, before calling for “a special focus on safeguarding the rights of minority communities, many of whom are under threat around the world”.  

Cautioning against “policies of assimilation that seek to wipe out the cultural and religious identity of minority communities”, the UN chief maintained that the diversity of communities was “fundamental to humanity”.

Extremists a ‘transnational threat’ 

And without identifying any specific countries, Mr. Guterres also spoke out against the rising and potentially international threat of right-wing extremist movements. 

“White supremacy and neo-Nazi movements are more than domestic terror threats. They are becoming a transnational threat”, he said. “Far too often, these hate groups are cheered on by people in positions of responsibility in ways that were considered unimaginable not long ago. We need global coordinated action to defeat this grave and growing danger.” 

Under the presidency of Jordanian Ambassador Nazhat Shameem Khan, the 46th Human Rights Council session is due to meet until Friday 23 March.

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Human Rights

Haiti needs ‘democratic renewal’

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The top UN official in Haiti called Monday for a “democratic renewal” in the troubled Caribbean nation to lift it out of a drawn-out political and humanitarian crisis and put it back on the path to stability and development.

Helen Meagher La Lime, Head of the United Nations Integrated Office in Haiti (BINUH), told the Security Council – meeting via video-teleconference – that the polarization that has defined most of President Jovenel Moïse’s term in office has become even more acute, as civic space shrinks and acute food insecurity grows.

Haiti has been in the grips of a renewed crisis since Parliament ceased to function in January 2020, leaving the President to postpone elections and rule by decree.  In response, large crowds have poured into the streets, echoing opposition demands for Mr. Moïse to step down.

Elections imperative

“Only a democratic renewal, resulting from the prompt holding of credible, transparent and participatory elections, can provide Haiti with the opportunity to overcome its protracted political crisis,” Ms. La Lime said.

That in turn would allow Haitian society and leaders to focus their attention on undertaking the governance and economic reforms necessary to set the country back on the path towards sustainable development, she added.

Joining the meeting from Port-au-Prince, President Moïse defended his administration, saying that it is confronting not only the COVID-19 pandemic, but also “corrupt oligarchs” and a “radical and violent opposition” which have tried repeatedly to stage a coup d’état.

‘Policy of chaos’

“This policy of chaos has meant that the Government has had to take off the gloves”, he said, adding however that parliamentary elections that originally should have taken place in October 2019 will go ahead in September.

Mr. Moïse, 52, says that his own presidential tenure ends in 2022, five years after he took office.  But his opponents, citing the Constitution, claim that his term of office began when elections were held in 2016 – and that now is the time for him to step aside, according to news reports.

Dissent noted

Ms. La Lime, presenting the Secretary-General’s latest report on Haiti, reported that the opposition has been unsuccessful in mobilizing significant public support in its campaign to oust the President.

But she noted that a raft of Presidential decrees has prompted judges to go on strike and threatened civic space through an overly broad definition of terrorism – and this at a time when an estimated 4.4 million Haitians will be in need of humanitarian assistance this year.

Against this volatile backdrop, preparations for this year’s elections – and for a Constitutional referendum – are going ahead.  But she warned that much remains to be done, and that voting could be delayed due to a lack of international funding.

“Above all else, a minimal consensus among relevant political stakeholders would greatly contribute to creating an environment conducive to the holding of the Constitutional referendum and subsequent elections”, she said, adding that the United Nations stands ready to help.

Hopeful amid strife

Also briefing the Council today was Vivianne Roc, 23, from Plurielles, an eco-feminist youth group, who described a Haiti gripped by lawlessness, banditry and gang violence – but also hopeful that things can still take a turn for the better.

“The young woman before you today is outraged by the wind of insecurity that is sweeping her country,” she said, presenting the 15-member body with several recommendations – including a crackdown on arms and drug trafficking, and the establishment of call centres for victims of domestic violence.

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Loss of autonomy in Indian-administered Jammu and Kashmir threatens minorities’ rights

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India’s decision to end autonomy in Jammu and Kashmir and restrict the participation of minorities in political and other activities sparked the concern of two UN-appointed independent human rights experts, on Thursday.

“The loss of autonomy and the imposition of direct rule by the Government in New Delhi suggests the people of Jammu and Kashmir no longer have their own government and have lost power to legislate or amend laws in the region to ensure the protection of their rights as minorities”, Fernand de Varennes, Special Rapporteur on minority issues, and Ahmed Shaheed, Special Rapporteur on freedom of religion or belief, said in a statement

Autonomy imperiled  

As Jammu and Kashmir were India’s only Muslim-majority state, India granted them partial autonomy out of respect for the ethnic, linguistic and religious identities of its people.

On 5 August 2019, the Government unilaterally revoked its special status and in May 2020, passed the so-called Domicile Rules, which removes protections for those in the territory. 

The new laws override previous ones that had granted the Kashmiri Muslim, Dogri, Gojri, Pahari, Sikh, Ladhaki and other established minorities the right to buy property, own land and access certain state jobs. 

 “These legislative changes may have the potential to pave the way for people from outside the former state of Jammu and Kashmir to settle in the region, alter the demographics of the region and undermine the minorities’ ability to exercise effectively their human rights”, the experts said.  

Moreover, the number of successful applicants for domicile certificates that appear to be from outside Jammu and Kashmir raised their concern that demographic changes on a linguistic, religious and ethnic basis have already begun.  

Undermining minority rights 

The UN experts urged India to ensure the economic, social and cultural rights of the people in Jammu and Kashmir along with their rights to freedom of expression and participation in matters affecting them. 

Independent UN Special Rapporteurs are appointed by the Human Rights Council. They are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity. 

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