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Ed Nations A/HRC/14/32/Add.1 United Nations A/HRC/14/32/Add.1 General Assembly Distr.: General 31 May 2010 English only Human Rights Council Fourteenth session Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development Report submitted by the Special Rapporteur on trafficking in persons, especially women and children, Joy Ngozi Ezeilo* Addendum Communications to and from Governments * Owing to its length, the present report is circulated as received. GE.10-13755 A/HRC/14/32/Add.1 Contents Paragraphs Page I. Introduction............................................................................................................. 1–5 3 II. Summary of communications on alleged human rights violations sent and responses received............................................................................................ 6–118 4 India ....................................................................................................................... 7–22 6 Kazakhstan.............................................................................................................. 23–40 8 Mexico.................................................................................................................... 41–54 11 Pakistan................................................................................................................... 55–62 13 Republic of Korea ................................................................................................... 63–73 15 United Arab Emirates.............................................................................................. 74–102 17 Uzbekistan............................................................................................................... 103–118 22 2 A/HRC/14/32/Add.1 I. Introduction 1. Pursuant to the Human Rights Council resolution 8/12, the Special Rapporteur is mandated to respond effectively to reliable information on alleged human rights violations with a view to protecting the human rights of actual or potential victims of trafficking. This addendum sets out summaries of communications sent by the Special Rapporteur from 1 January 2009 to 31 March 2010. It also includes summaries of Government replies received from 1 January 2009 to 10 May 2010. Government replies received after 10 May 2010 will be included in the Special Rapporteur’s next communications report to the Human Rights Council. 2. For reasons of confidentiality, privacy and protection, the names of victims appear only in initials in this report. The Special Rapporteur has also used initials for certain other persons concerned in order to minimise the risk of possible further victimization. Moreover, with a view to preserve the presumption of innocence, only initials are used for the names of alleged perpetrators. 3. During the period under review, nine communications were sent to seven countries in total. The overview of these communications is provided in the table in Section II. Eight of the communications were sent jointly with: the Special Rapporteur on the sale of children, child prostitution and child pornography, the Special Rapporteur on violence against women, its causes and consequences, the Special Rapporteur on the human rights of migrants, the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, and the Special Rapporteur on the situation of human rights defenders. The Special Rapporteur received five replies to the communications as of 10 May 2010 and regrets that she still has not received replies to the remaining 4 communications. The Special Rapporteur wishes to recall the obligations of the Governments under the Human Rights Council resolution 8/12 to provide her with all the necessary information related to the mandate to enable her to fulfil the mandate effectively, and urges the Governments to submit replies to her communications in a timely manner to this end. 4. The Special Rapporteur received increasing information on child trafficking and some of the communications sent during this period concerned trafficking of children for the purpose of forced labour. A pattern of trafficking of women for the purpose of sexual exploitation was also reported to the Special Rapporteur and communicated to the Governments concerned. Further, the Special Rapporteur observed that the lack of effective remedies for victims of trafficking seemed to be a common problem. 5. In framing her interventions in these cases, the Special Rapporteur was guided by the legal framework and principles set out in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (“the Protocol”), other international human rights instruments, as well as the Recommended Principles and Guidelines on Human Rights and Human Trafficking, launched by the Office of the High Commissioner for Human Rights in July 2002 (“Recommended Principles and Guidelines”). She frequently recalled paragraph 1, article 9 of the Protocol, which provides that: “States Parties shall establish comprehensive policies, programmes and other measures: (a) To prevent and combat trafficking in persons; and (b) To protect victims of trafficking in persons, especially women and children, from revictimization”. She also referred to paragraph 3, article 6 of the Protocol, which is the key provision in ensuring that the States Parties provide adequate assistance to victims of trafficking in rehabilitation and reintegration. It provides that: “Each State Party shall consider implementing measures to provide for the physical, psychological and social recovery of victims of trafficking in persons, including, in appropriate cases, in cooperation with non-governmental 3 A/HRC/14/32/Add.1 organizations, other relevant organizations and other elements of civil society, and, in particular, the provision of: (a) Appropriate housing; (b) Counselling and information, in particular as regards their legal rights, in a language that the victims of trafficking in persons can understand; (c) Medical, psychological and material assistance; and (d) Employment, educational and training opportunities”. In addition, the Special Rapporteur often recalled paragraph 7, guideline 5 of the Recommended Principles and Guidelines, which provides that States should consider: “Sensitizing police, prosecutors, border, immigration and judicial authorities, and social and public health workers to the problem of trafficking and ensuring the provision of specialized training in identifying trafficking cases, combating trafficking and protecting the rights of victims”. Where the communications concerned allegations of trafficking in children, the Special Rapporteur often stressed paragraph 2, guideline 8 of the Recommended Principles and Guidelines, which recommends States to consider: “Ensuring that procedures are in place for the rapid identification of child victims of trafficking”. II. Summary of communications on alleged human rights violations sent and responses received 6. The following table sets out the overview of the communications sent by the Special Rapporteur during the period under review: 4 Date of Type of Government Government Date Country communication Individuals concerned Alleged violations / Human rights issues reply response Paragraphs 21.01.2009 India JAL 2 girls of Indian nationality, Trafficking, of women for sexual Yes 14.07.2009 7–22 L and A exploitation, ill treatment, lack of effective investigation. 20.10.2009 Kazakhstan JUA Boys of Uzbek nationality, Trafficking of children for the Yes 20.12.2009 23–40 including B.I. purpose of labour exploitation. 30.09.2009 Mexico JUA Children of Mexican Trafficking, sale and enforced No - 41–54 nationality, J.C.C.B., disappearance of children A.G.C.B., and D.L.B.H., I.M. C.M.J.A. and the brothers A.I. J.O., N.I.J.O. and H.M.J.O. 09.02.2010 Pakistan JAL 988 Pakistani child camel Failure to provide compensation No - 55–62 jockeys trafficked to the to the former child camel jockeys UAE trafficked to UAE 10.02.2010 Republic of AL Women victims of Trafficking of women for sexual Yes 13.04.2010 63–73 Korea trafficking in the Republic exploitation, debt bondage, ill of Korea treatment, lack of assistance for victims of human trafficking 16.11.2009 United Arab JAL Ms. Fatima Zahra Moussa Lack of effective remedies for Yes 23.04.2010 74–84 Emirates victims of trafficking 09.02.2010 United Arab JAL 988 Pakistani child camel Failure to provide compensation No - 85–90 Emirates jockeys trafficked to the to the former child camel jockeys UAE trafficked to the UAE 12.03.2010 United Arab JAL S.M., a founder of the Accusations that the individual No - 91–102 Emirates organization which provides concerned was involved in the A/HRC/14/32/Add.1 shelters to victims of sale of children and child trafficking trafficking 20.10.2009 Uzbekistan JUA Boys of Uzbek nationality, Trafficking of children for the Yes 25.11.2009 103–118 including B.I. purpose of labour exploitation 5 A/HRC/14/32/Add.1 India Communication of 21 January 2009 7. By letter dated 21 January 2009, the Special Rapporteur, jointly with the Special Rapporteur on the sale of children, child prostitution and child pornography and the Special Rapporteur on contemporary forms of slavery, its causes and consequences, sent a letter of allegation to the Government of India concerning two separate cases: the first case concerned allegations that a 16 year
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