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NGO Consultation with UN/Igos on Trafficking in Persons, Prostitution and the Global Sex Industry

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NGO Consultation with UN/Igos on Trafficking in Persons, Prostitution and the Global Sex Industry NGO Consultation with UN/IGOs on Trafficking in Persons, Prostitution and the Global Sex Industry “Trafficking and the Global Sex Industry: Need for Human Rights Framework” June 21-22 1999 Room XII Palais des Nations, Geneva, Switzerland 1) INTRODUCTION 4 2) RECOMMENDATIONS 5 A) RECOMMENDATIONS FROM THE NGO CONSULTATION WITH UN/IGOS ON TRAFFICKING IN PERSONS, PROSTITUTION AND THE GLOBAL SEX INDUSTRY 5 B) RECOMMENDATIONS FROM INTERNATIONAL HUMAN RIGHTS LAW GROUP 8 C) RECOMMENDATIONS FROM COALITION AGAINST TRAFFICKING IN WOMEN 13 D) RECOMMENDATIONS FROM INTERNATIONAL MOVEMENT AGAINST ALL FORMS OF DISCRIMINATION AND RACISM (IMADR) 15 3) OPENING ADDRESSES 21 A) UN HIGH COMMISSIONER FOR HUMAN RIGHTS, MARY ROBINSON 21 B) CHAIRPERSON-RAPPORTEUR OF THE WORKING GROUP ON CONTEMPORARY FORMS OF SLAVERY, HALIMA EMBAREK WARZAZI 23 4) KEYNOTE SPEECHES 24 A) SPECIAL RAPPORTEUR ON VIOLENCE AGAINST WOMEN, RADHIKA COOMARASWAMY 24 B) REPRESENTATIVE OF THE INTERNATIONAL ORGANISATION FOR MIGRATIONS (IOM), REINHARD LOHRMANN, CHEIF OF THE RESEARCH DIVISION, PROTECTION OF THE RIGHTS OF TRAFFICKED PERSONS: OBSTACLES AND RECOMMENDATIONS 27 5) PANEL A 30 A) MARJAN WIJERS, FOUNDATION AGAINST TRAFFICKING IN WOMEN, TRAFFICKING IN WOMEN IN THE CONTEXT OF FEMALE LABOUR MIGRATION 30 C) MELISSA DITMORE, NETWORK OF SEX PROJECTS, ADDRESSING SEX WORK AS LABOUR 32 D) NURY PERNIA, COORDINATOR OF THE LATIN AMERICA AND CARIBBEAN NETWORK OF SEX WORK PROJECTS 35 E) JO DOEZMA, NETWORK OF SEXWORK PROJECTS, ABOLISHING RIGHTS: HOW EXISTING LEGAL SYSTEMS FACILITATE TRAFFICKING 36 F) NELIA SANCHO, ASIAN WOMEN’S HUMAN RIGHTS COUNCIL, THE LEGAL SYSTEM ON PROSTITUTION AND TRAFFICKING AND IMPACT ON THE WOMEN AFFECTED:THE PHILIPPINE CASE 38 G) OKSANA HORBUNOVA, UKRANIAN CENTRE FOR WOMEN’S STUDIES/INTERNATIONAL WOMEN’S RIGHTS CENTRE/LA STRADA 38 H) JAN BOONTINAND, GLOBAL ALLIANCE AGAINST TRAFFICKING IN WOMEN, BANGKOK, THE NEED FOR HUMAN RIGHTS PROTECTIONS FOR TRAFFICKED PERSONS 42 I) CHANTHOL OUNG, CAMBODIAN WOMEN’S CRISIS CENTER, CASE STUDY OF 23 VIETNAMESE WOMEN WHO WERE TRAFFICKED INTO PROSTITUTION IN CAMBODIA 43 6) PANEL B 45 A) EVALINA GLOBBE, EXECUTIVE DIRECTOR, COMMERCAL SEXUAL EXPLOITATION RESOURCE INSTITUTE 45 B) BELEN OBJAS, CHAIR, LAWGBUBAI 45 C) AURORA JAVATE DE DIOSM PRESIDENT OF COALITION AGAINST TRAFFICKING IN WOMEN; IN SEARCH OF HUMAN DIGNITY: THE GLOBAL STRUGGLE AGAINST TRAFFICKING OF WOMEN AND GIRLS 45 E) DORCHEN LEIFHOLDT, CO-EXECUTIVE DIRECTOR, COALITION AGAINST TRAFFICKING IN WOMEN, THE POSITION PAPER OF THE COALITION AGAINST TRAFFICKING IN WOMEN 61 2 F) JESSICA NEUWIRTH, EXECUTIVE DIRECTOR, EQUALITY NOW, THE HUMAN RIGHTS OF WOMEN AND THE 1949 CONVENTION FOR THE SUPPRESSION OF THE TRAFFIC IN PERSONS AND OF THE EXPLOITATION OF THE PROSTITUTION OF OTHERS 66 G) JANICE RAYMOND, CONCLUDING REMARKS 68 7) PANEL C 72 A) DR. KINHIDE MUSHAKOJI, SECRETARY-GENERAL OF IMADR, THE ANATOMY OF GLOBAL SEX INDUSTRY: THE POLITICAL ECONOMY OF HUMAN RIGHTS VIOLATIONS 72 B) MISAR POOJA, SHAKTI SHMUHA, ANALYSIS OF CONDITIONS UNDERLYING OR FACILITATING TRAFFICKING, FROM HER OWN EXPERIENCE. 78 C) MIKE DOTTRIDGE, DIRECTOR OF ANTI-SLAVERY INTERNATIONAL, INTERNATIONAL INSTRUMENTS AGAINST TRAFFIC IN PERSONS - - WHEN THE “EXCELLENT” IS THE ENEMY OF THE “GOOD” 79 8) LIST OF PARTICIPANTS 85 3 1) Introduction The Consultation was a joint initiative of four non-governmental organisations -- Anti-Slavery International, Coalition Against Trafficking in Women, International Human Rights Law Group, and International Movement Against All Forms of Discrimination and Racism (IMADR) - - each active in the fight against trafficking in persons and other relevant issues. During the two days of the consultation, each organisation presented its view as to how to deal with the challenges involved in their work. Other participants in the consultation added to the discourse through discussions following the panel presentations. During the course of the consultations, the organising NGOs met to discuss and negotiate common recommendations arising out of the consultation. Additionally, each organisation also prepared its own recommendations to the Working Group on Contemporary Forms of Slavery. The following report presents each of these recommendations as well as the presentations from the panel discussions. The order of each section parallels the order of panel presentations in the consultation. In welcoming the work of the NGO consultation to the Working Group’s deliberations on the issue of trafficking of persons, prostitution, and the global sex industry, the chairperson of the Working Group on Contemporary Forms of Slavery stressed her desire that such consultations provide a forum for respect, the exchange of ideas, and the strength to continue the battle of protecting the rights and dignity of trafficked persons and persons in prostitution. “We are partners in a process. We know we have disagreements, but we have to find ways to dialogue and assist the UN mechanisms and bring in voices of women into the international arena. These are painful processes, but they are also learning processes. In order to find something precious out of the process, we may have to dig deep to find the pearls in the oysters. We should commit to this process for the women who are not here- those who have died, those who are still struggling, and those who can be empowered by this process.” - concluding remarks from the Chair of the Consultation, Nimalka Fernando, President of IMADR. 4 2) Recommendations a) Recommendations from the NGO Consultation with UN/IGOs on Trafficking in Persons, Prostitution and the Global Sex Industry Drafting Committee: Anti-Slavery International Coalition Against Trafficking in Women International Human Rights Law Group International Movement Against All Forms of Discrimination and Racism I. Basic Principles to be Observed at All Levels In any legislative, administrative or other measures taken at the national, regional or international level, it should be ensured that the principles listed below be strictly observed: - that the protection of human rights and the dignity of trafficked persons and persons in prostitution be given the highest priority; - that trafficked persons should not be criminalised for the illegality of their entry or residence in countries of transit and destination, or for the activities they perform as a consequence of their status as trafficked persons; - that the true criminals are effectively prosecuted and penalised, without compromising the rights of the victims; - that a comprehensive programme of action be prepared and launched at all levels, including preventive measures addressing the root and immediate causes as an important part of it; - that sexism, racism, and all forms of discrimination based on gender, ethnicity, class, poverty, or ambiguity or lack of citizenship, manifested in the operation of the global sex industry and often in the treatment of trafficked persons and persons in prostitution by the authorities be eliminated. II. Measures and Mechanisms at the National Level Each state should formulate a national plan of action, which should: - be comprehensive, consisting of the legislative and administrative measures that address issues ranging from social and economic root causes to the empowerment of victims; - specify goals and timetables to attain them; - always include a system of periodic review and of individual reporting by victims and by their supporters; - be based on data collection, research and analysis; - be accompanied by the allocation of necessary financial and human resources. Governments should ensure: - that national laws ensure the decriminalisation of the victims; - that trafficked persons and persons in prostitution, including those with ‘illegal’ immigration status, be granted protection; the necessary physical and mental care should be made available by the authorities of the involved countries; - that free legal and other assistance be provided to trafficked persons and persons in prostitution in the course of any criminal, civil and other actions against traffickers and those who violate the human rights of trafficked persons and persons in prostitution, including a temporary or permanent residence permit and a safe shelter; 5 - that legal and judicial procedures be victim-sensitive and that trafficked persons and persons in prostitution and their family members be protected from re-victimisation, stigmatisation, and reprisal by perpetrators, authorities and others through legal and administrative measures including training, in co- operation with NGOs, of police and immigration officers, medical personnel, and other law enforcement and judicial officials at all levels; - that national laws be enacted or revised for the investigation and prosecution of any violation of the human rights of trafficked persons and persons in prostitution, including non-nationals; - that the voluntary and safe return of trafficked persons and persons in prostitution, instead of forced ‘repatriation’, be guaranteed; - that children be registered and granted citizenship at birth so that, in the event they are trafficked, they may exercise their right to return to their home countries without difficulties; - that governments provide education and alternative job opportunities for women through effective development and poverty alleviation programmes. III. Strengthening of the international system - A declaration of a United Nations Year (eventually a Decade) is strongly recommended by the consultation. Two titles were discussed: UN Year to Combat
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