Polish Government Rescinds Demotion of Gender Equality Official

28 December 2004

 

In December 2004, Gender Equality Minister Magdalena Sroda was demoted from Equal Status Plenipotentiary appointed by the Prime Minister, to a position under the authority of the Ministry of Social Affairs.
Women’s rights advocates viewed the demotion as an attempt to diminish her political power, limit the office’s competence to only social policy issues, and prohibit the office from having independent authority.  In protest the representatives of women’s organizations composed and collected signatures for the letter to the Prime Minister, requesting the government to rescind this decision immediately. 

Advocates’ efforts were successful and the decision of the Council of Ministers was changed and the office of the Gender Equality Minister remains.

 

Below is the letter sent to the Prime Minister. 

Mr. Marek Belka,
Prime Minister,
Al. Ujazdowskie 1/3,
00-583 Warsaw, Poland


Distinguished Prime Minister,

We, the representatives of women’s organizations participating in United Nations Economic Commission for Europe Regional Preparatory Meeting for the 10-Year Review of the Implementation of the Beijing Platform for Action, are deeply concerned and disappointed upon learning today that the Plenipotentiary for Equal Status of Women and Men has been demoted to the Ministry of Social Affairs. We believe that this demotion is a deliberate attempt by the government to diminish the political power of the Plenipotentiary, to limit the office’s competence to only social policy issues, and to prohibit the office from having independent authority.

Since 1995, Polish women’s organizations have been lobbying the government to establish a permanent government body on equal opportunities and gender equality. Such an office is in accordance with the European Union standards as well as Poland’s signature to the Beijing Platform for Action. Poland signed the Beijing Platform in 1995 thereby commiting itself to establishing an independent government body for gender equality. Moreover, the establishment of such an office is a goal of all countries that aspire to be true democracies where women’s rights are human rights.

We are concerned about the process by which the decision to move the Plenipotentiary to the Ministry of Social Affairs was made. In particular we are outraged that this decision was made at exactly the moment when European governments are meeting in Geneva and on the verge of reaffirming the principles set forth in the Beijing Platform for Action, one of which obligates state parties to establish and empower an independent governmental body on gender equality.

As you are aware, the Polish government is participating in this discussion and in fact, Minister Magdalena Sroda is the head of Poland’s delegation to Geneva. It is ironic that given the current discussions in Geneva and Poland’s participation in these discussions, that the government chooses this moment to demote the Plenipotentiary, completely in opposition to Poland’s commitments under the Beijing Platform for Action. In addition, this decision was made in the absence of any consultation with Minister Sroda or Polish women’s NGOs, going against Poland’s basic commitments to democratic development and decision-making processes.

We request the Government to rescind this decision immediately and support the Polish women’s NGO’s call for a meeting with the Prime Minister as soon as possible.

1. Erin Barclay, Network of East West Women, USA;
2. Anastasia Posadskaya-Vanderbeck, Director of Network Women’s Program Open Society Institute, New York, USA;
3. Monika Ladmanova, The Open Society Fund, Prague, Czech Republic;
4. Jana Javornik, Network of East West Women, Slovenia;
5. Tamar Sabadashvili, Youth Network for Gender Equality, Georgia;
6. Genoveva Tisheva, Bulgarian Gender Research Foundation, Bulgaria;
7. Roxana Tesiu, Center Partnership for Equality, Romania;
8. Dina Loghin, SEF Equal Opportunities for Women, Romania;
9. Beata Olahova, The League of Human Rights Advocates, Slovakia;
10. Viera Klementova, Czech-Slovak Women’s Fund, Slovakia;
11. Kinga Lohmann, KARAT Coalition;
12. Rede Portuguesa de Jovens para a Igualdade de Oportunidades entre Mulheres e Homens (Portuguese Network of Young People for Equality), Portugal;
13. Maria do Mar Pereira, Platforma Portuguesa para os Direitos das Mulheres (Portuguese Platform for Women’s Rights), Portugal;
14. Julia Kovalenko, Estonian Women’s Association Roundtable, Estonia;
15. DOMINOES Women’s Association for Promotion of Women’s Rights and Development of Civil Society, Split, Croatia;
16. CENZENA Center for Women War Victims ROSA, Zagreb, Croatia;
17. Danica Anderson, Executive Director and Founder, Women’s Cross Cultural Collaboration, Croatia;
18. ASTRA Anti Trafficking Action SOS, Serbia;
19. Prof. M. Ismail, RISE, Pakistan
20. Virginija Aleksejunaite, Director, Center for Equality Advancement, Lithuania
21. Margarita Jankauskaite, Project Manager, Center for Equality Advancement, Lithuania
22. Larisa Fedorova, Institute of Gender and Social Policy, Moscow, Russia;
23. Elena Kochkina, Institute of Gender and Social Policy, Moscow, Russia;
24. Dina Utesheva, Institute of Gender and Social Policy, Moscow, Russia;
25. Marina Tabukashvili, Women's Program of Open Society - Georgia Foundation, Georgia;
26. Davit Gabunia, Women's Program of Open Society - Georgia Foundation, Georgia;
27. Olena Suslova, Women`s Information Consultative Center, Kyiv, Ukraine;
28. Bernice Dubois, The European Council of WIZO Federations,
29. Annette Lawson, NAWO – National Alliance of Women’s Organizations, United Kingdom;
30. Slavica Stojanovic, Reconstruction Women’s Fund, Serbia;
31. Silke Silberstein, WIDE – Women in Development Europe, Belgium;
32. Rubina Devrikyan, President of Women and Youth Development Association, Armenia;
33. Nurgul Asylbekova, Women’s program Soros Foundation Kyrgyzstan;
34. Tolkun Tulekova, “Diamond” Association, Kyrgyzstan;
35. Zumrat Salmorbekova, Institute of regional research, Kyrgyzstan;
36. Mairam Tilebalieva, Association of crisis centers, Kyrgyzstan;
37. Roza Aitmatova, Women’s support center, Kyrgyzstan;
38. Klara Toktonalieva, Diplomatic Academy of KR, Kyrgyzstan;
39. Valdet Sala, Albania;
40. Women in Black, Belgrade, Serbia;
41. Sandra Ljubinkovic, Anti-Trafficking Center, Belgrade, Serbia;
42. Shorena Dzotsenidze, Center for Women and Development, Tbilisi, Georgia;
43. Marina Beriashvili, Ph.D, Chair of NGO Women Employment Innovative Center, Georgia;
44. Gender Studies, Prague, Czech Republic

 

Compiled from: The Network of East-West Women - Polska/NEWW Newsletter No. 44-45, 20 August 2004, available here, OSKA home page: http://www.oska.org.pl/print.php?what=news&id=1639,

An information provider  CountryWatch.com available at http://www.countrywatch.com/cw_wire.asp?vCOUNTRY=138&UID=1324525

Website for Sexual Violence Research Initiative of the World Health Organization

20 December 2004

The World Health Organization Sexual Violence Research Initiative (SVRI)provides resources relating to sexual violence research on its website here.  The website provides information relating to the activities of the SVRI and sexual violence research results in general.  The goal of the SVRI is to promote and disseminate research that will enable policy-makers to reduce and respond to sexual violence.  The SVRI conducts projects to identify gaps in sexual violence research, build the capacity of organizations to conduct such research, directly support research, raise awareness about the prevalence and characteristics of sexual violence and build partnerships to address sexual violence in society.  SVRI has identified the following research topics as a priority: 

  • Nature and magnitude of sexual violence, including research on masculinity and risk factors;
  • Health consequences of sexual violence;
  • Women's responses to sexual violence services;
  • Medico-legal responses to sexual violence; and
  • Alternative forms of justice in cases of sexual violence.

The SVRI focuses on:

  • Sexual abuse and coercion of adult and adolescent women;
  • Child sexual abuse;
  • Sexual torture;
  • Sexual violence in war situations; and
  • Trafficking in women and children for sex
UNIFEM, INSTRAW Sign Agreement for Increased Collaboration to Promote Gender Equality and Women's Empowerment

13 December 2004

UNITED NATIONS

Press Release

UNIFEM, INSTRAW SIGN AGREEMENT FOR INCREASED COLLABORATION, COOPERATION TO PROMOTE GENDER EQUALITY, WOMEN’S EMPOWERMENT

NEW YORK, 22 November (INSTRAW) -- For the first time in the history of both entities, the Directors of the United Nations Development Fund for Women (UNIFEM) and the International Research and Training Institute for the Advancement of Women (INSTRAW), Noeleen Heyzer and Carmen Moreno, respectively, signed an agreement to establish a flexible coordination mechanism for increased collaboration and cooperation towards the achievement of their common objectives of promoting gender equality and the empowerment of women, with due respect to their individual mandates. This agreement responds in part to the United Nations Secretary-General’s call for increased collaboration within the United Nations system, included in his recent report “Women and peace and security” on the implementation of Security Council resolution 1325 [S/2004/814].

The text of the UNIFEM-INSTRAW agreement highlights the significance of the year 2005 for the Review and Appraisal of the Beijing Declaration and Platform for Action, which “represents a crucial benchmark both for reviewing progress on the achievement of gender equality and for establishing future work programmes and priorities”. It also indicates that the integration of a gender perspective into the implementation of the Millennium Development Goals requires additional efforts.

Through the agreement, the heads of UNIFEM and INSTRAW express their conviction that building synergies and alliances to achieve their common purpose of promoting gender equality and the empowerment of women will further strengthen their work and contribute to the optimal use of available resources.

The complete text of the agreement is available through the INSTRAW Web site at www.un-instraw.org.

UN Press Release, 22 November 2004

Report Available on Human Rights in Georgia after the “Rose Revolution” by Human Rights Information and Documentation Center

13 December 2004

On December 10, the Human Rights Information and Documentation Center (HRIDC) held a presentation of the report entitled “One Step Forward, Two Steps Back: Human Rights in Georgia after the Rose Revolution.” The report describes the existing situation in the field of human rights in Georgia after the “Rose Revolution.”

The report was prepared by HRIDC to provide facts regarding human rights violations to the public. Additionally, HRIDC hopes to inform the government and society about the indicators of recent trends in the field of human rights violations. HRIDC wants these facts to pave the way for a just society and open discussion and analysis.

According to Ucha Nanuashvili, Executive Director of HRIDC, the new government has implemented some positive changes in the past year: the totalitarian regime in Adjaria, historically a region of Georgia, has been changed; the Georgian Law on Freedom of Expression was adopted by the Georgian parliament in June 2004; the patrol police, which was created by the new government, already enjoys sympathy from society; salaries and pensions are paid regularly and; public services, such as public transportation, have improved in the capital of Georgia.

However, HRDIC reports that the recent legislative and constitutional changes, which have challenged a republican-style balance of power, are of particular concern. It is also noteworthy that the statements on law enforcement by the President and other officials encourage lower officials to violate basic rights and may lead to an increase in the already existent and excessive use of violence by the police. The report gives examples of human rights violations, including deprivation of the right to life, arbitrary detentions, torture and an increasing number of political prisoners. The report also documents the persecution and disappearance of Chechen refugees, the violation of the right of assembly, and the lack of attention given to independent NGOs.

Compiled fromHuman Rights in Georgia after the "Rose Revolution" One Step Forward, Two Steps BackHRIDC News Bulletin, 13 December 2004.

The Advocates Releases Report on the Government Response to Battered Immigrant Women in the Minneapolis/St. Paul Metropolitan Area

10 December 2004

The Advocates for Human Rights is pleased to announce the release of its report entitled, "The Government Response to Domestic Violence Against Immigrant and Refugee Women in the Minneapolis/St. Paul Metropolitan Area: A Human Rights Report."  The full text of this report and its appendices are available here.

The Advocates is releasing this report on December 10, 2004 as part of its celebration of Human Rights Day, the 56th anniversary of the Universal Declaration of Human Rights. Through its membership in the United Nations and ratification of subsequent treaties, the United States committed itself to protecting certain fundamental rights of persons within its jurisdiction. These rights include the right to life and security of person, the right to equal protection of the laws and the right to a remedy for the violation of rights. In the last year and a half, the Women's Human Rights Program of The Advocates has investigated governmental efforts to promote and protect these rights in their response to battered immigrant women in the Minneapolis/St. Paul metropolitan area.

With this report, The Advocates highlights many of the innovative programs and legislative initiatives that advance the safety of battered refugee and immigrant women in our community and the prosecution of their abusers. The report finds that battered refugee and immigrant women in the Twin Cities area nevertheless face serious obstacles in accessing protection from domestic violence and government services, and in pursuing accountability for their abusers. These obstacles include the following:

  • language barriers and inadequate access to interpretation services;
  • barriers from within immigrant communities that impede government effectiveness;
  • fear of government institutions and immigration authorities;
  • inadequate funding of necessary services and programs;
  • delays in the provision of services;
  • ineffective screening of individuals seeking assistance;
  • poor documentation of domestic violence crimes and injuries;
  • inadequate record-keeping;
  • lack of coordination of services across government systems; and
  • limited access to culturally-specific programming.

The Advocates’ findings are derived from over 150 interviews, primarily in Hennepin and Ramsey Counties, with judges, lawyers, prosecutors, public defenders, advocates, probation officers, immigration officials, medical service providers, interpreters, child protection employees and others regarding their interaction with refugee and immigrant women who have been battered. This report includes an analysis of governments’ compliance with their obligation to protect the human rights, safety and security of refugee and immigrant women who are victims of violence. The Advocates looks forward to working together with community leaders to address the issues identified in the report and to improve our community’s response to battered immigrant women.

Public Groups Join Move For Women's Rights
10 December 2004

On 9 December Bashkortosan Republic joined a worldwide campaign of "16 days against violence against women" from 25 November to 10 December by opening an exhibition of the posters from the US and Russia's family crisis centers, promoting the right of women to live without violence. The exhibition's opening was attended by the youth initiatives support center under the Bashkir republican refugees society, female rights organizations "Bireshme!" , "Zhenskaya Initsiativa" and "Ungay", which will sign a special peitition to be sent to president Vladimir Putin.

Cited in: Public Groups Join Move for Women's Rights, Radio Free Europe/Radio Liberty, 10 December 2004.

Copyright (c) 2004. RFE/RL, Inc. Reprinted with the permission of Radio Free Europe/Radio Liberty, 1201 Connecticut Ave., N.W. Washington DC 20036. www.rferl.org

Uzbek President Lauds Economy, Lambastes Officials

9 December 2004

Islam Karimov delivered an address on 7 December, the eve of Constitution Day, praising the country's achievements, criticizing irresponsible officials, and declaring 2005 the Year of Good Health, Uzbek television reported. Karimov lauded economic growth amid moderate inflation. He condemned officials who are "brutally violating the law and abusing their power for their own interests." He also looked ahead to 26 December parliamentary elections, calling on future deputies to "prevent officials from abusing their power." Karimov noted that 30 percent of seats in parliament will, by law, be occupied by women. He also said that policy initiatives will be forthcoming to mark the Year of Good Health. DK

Cited from: Uzbek President Lauds Economy, Lambastes Officials, Radio Free Europe/Radio Liberty, Vol. 8, No. 230, 9 December 2004.

Copyright (c) 2004. RFE/RL, Inc. Reprinted with the permission of Radio Free Europe/Radio Liberty, 1201 Connecticut Ave., N.W. Washington DC 20036. www.rferl.org

New Report on Crimes against Women During Conflict by Amnesty International
8 December 2004

News Release Issued by the International Secretariat of Amnesty International

AI Index: ACT 77/095/2004 8 December 2004

Women's lives and bodies -- unrecognized casualties of war

Women and girls bear the brunt of armed conflicts fought today both as direct targets and as unrecognized "collateral damage". Lives Blown Apart - a new report in Amnesty International's campaign, Stop Violence Against Women, calls for global action to challenge both the violence and the failure of governments to prevent it.

(Full report online at http://amnesty-news.c.topica.com/maacWVaabcmWVbe1UKub/ )

"Patterns of violence against women in conflict do not arise 'naturally' but are ordered, condoned or tolerated. They persist because those who commit them know they can get away with impunity," said Irene Khan, Secretary General of Amnesty International.

The report lays out the global picture revealing a systematic pattern of abuse repeating itself in conflicts all over the world from Colombia, Iraq, Sudan, Chechnya, Nepal to Afghanistan and in 30 other ongoing conflicts. Despite promises, treaties and legal mechanisms, governments have failed to protect women and girls from violence.

"Women and girls are not just killed, they are raped, sexually attacked, mutilated and humiliated. Custom, culture and religion have built an image of women as bearing the 'honour' of their communities. Disparaging a woman's sexuality and destroying her physical integrity have become a means by which to terrorize, demean and 'defeat' entire communities, as well as to punish, intimidate and humiliate women," said Irene Khan.

On top of this it is women and children who are forced to flee their homes. It is women who care for the sick and injured and it is women who have to collect food and water - tasks and situations that put them at further risk of abuse.

Rape survivors suffer not only from psychological and emotional trauma, from the impact on their health and the risk of HIV/Aids, but also from the fear that they will be ostracized by their families and communities if they are publicly identified as a rape victim.

"In the community, they made such fun of me that I had to leave the village and live in the forest.[..] I am hungry, I have no clothes and no soap. I don’t have any money to pay for medical care. It would be better if I died with the baby in my womb," Sanguina was raped twice during the DRC conflict.

Justice is key to stopping the violence and when the International Criminal Court begins its first prosecutions, it will open a new avenue for women to access justice. Justice is not just a technical tool but has a concrete impact. It confirms that rape and sexual violence are crimes, restores dignity and feelings of self worth and it delivers redress. Justice is also a vital step to prevent the crimes from happening again, it sends a signal to those who would commit violence that it will not be tolerated.

"It is absolutely pivotal that one of the first prosecutions by the ICC next year includes crimes of violence against women. A strong global message must be sent that violence against women will be vigorously pursued. Firm action by the ICC will help shame states into promoting action through their national courts," said Irene Khan.

However the ICC cannot deliver justice without political support. The success of an ICC prosecution will also depend on the cooperation it receives from governments on practical issues, including the assistance it receives during investigations, the sharing of evidence and the protection of witnesses who may be at risk.

"Women's lives and their bodies have been the unacknowledged casualties of war for too long. Tools to tackle the violence exist, but justice for women victims of war will only be delivered if world leaders are ready to do more than just make pious statements condemning rape and sexual violence.They must adopt an agenda for action, centred on the ICC and complemented by universal jurisdiction through national systems," said Irene Khan.

The report highlights how the fight for women's security and human rights is jeopardised by increasing militarization and the introduction of new security agendas to fight global terrorism. US led security doctrines have stretched the concept of "war" into areas formerly considered as law enforcement promoting the notion that human rights can be curtailed in the name of security.

Despite the impact of conflict on women and girls they are still excluded from the peace negotiation tables. Often it is the men who initiated the war who take decisions on how peace should be built and introduced.

"Women have a crucial role to play in re-building secure communities and countries. All over the world women are challenging violence, discrimination and silence. Without women's active involvement in any peace process there can be no security, no justice and no peace," said Irene Khan.

Amnesty International is presenting an agenda for action at global, regional, national and local level:

- The ICC must be allowed to act effectively and deliver justice to women and girls. If the Security Council is serious about ending violence against women in conflict it can refer cases to the ICC, when governments fail to do so.

- Governments must give their political support to enable the ICC to work effectively. This includes ratifying the Rome Statute of the ICC, implementing the Rome Statute into national law so that perpetrators can be prosecuted for these crimes in national systems, sharing information with the ICC, and providing protection for victims and witnesses.

- Governments must publicly condemn violence against women and girls in any circumstances, issuing clear warnings or instructions to their forces that violence against women will not be tolerated.

- The international community: all governments, the UN and relevant international bodies must ensure that women play a key role in the design and implementation of all peace-building initiatives.

- All parties and the UN must provide immediate and effective assistance to survivors of violence against women, including emergency health care programs and rehabilitation.

"We have to mobilize global outrage - to challenge the violence, support those women who suffer and put pressure on those who can bring about change. It is the power of individual women and men that drives change," said Irene Khan.

Women and girls, survivors and activists, tell their stories.

Flash version: http://amnesty-news.c.topica.com/maacWVaabcmWWbe1UKub/

Non Flash version: http://amnesty-news.c.topica.com/maacWVaabcmWXbe1UKub/

The report ( http://amnesty-news.c.topica.com/maacWVaabcmWVbe1UKub/) is part of Amnesty International's global campaign Stop Violence Against Women.

For more information please visit our web site: http://amnesty-news.c.topica.com/maacWVaabcmIwbe1UKub/

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Belarusian Human Rights Defenders under Pressure

7 December 2004

Joint Press Release of the International Helsinki Federation for Human Rights (IHF) and the Belarusian Helsinki Committee.

Minsk, Vienna, 7 December 2004

The International Helsinki Federation for Human Rights (IHF) and the Belarusian Helsinki Committee (BHC) express their grave concern over the ongoing harassment of human rights defenders in Belarus.

Hary Pahaniaila, vice-president of the Belarusian Helsinki Committee and legal advisor of the families of several “disappeared” politicians and journalists, has been charged with slandering President Lukashenka. The prosecution is based on an interview that Pahaniaila gave to the Swedish TV4 channel, a videotaped version of which was confiscated at the customs when the TV4 journalist who carried out the interview left the country. In the interview, Pahaniala described the due process violations that have characterized the investigations into the cases of “disappearances” that he is working on. The State Security Committee (KGB) forwarded the videotaped interview to the office of the public prosecutor. If he is found guilty, Pahaniaila could be sentenced to up to five years in prison.

Moreover, the Department of Financial Investigations of the Committee of State Control continues criminal investigations into alleged tax evasion by Tatsyana Pratsko, BHC Chairperson, and Tatsyana Rutkevich, BHC Accountant, despite court ruling, previously cleared both of them from charges based on idem facts. The crime of tax evasion carries a maximum sentence of seven years in prison and confiscation of property.

The IHF and BHC strongly urge the Belarusian authorities to respect the rights of human rights defenders to engage in efforts to promote human rights in accordance with international standards and to refrain from any form of restrictions of their activities. They also call on the Belarusian authorities to duly investigate all cases of “disappearances” that have been brought to their knowledge.

For further information:

Tatsyana Pratsko, BHC Chairperson, +375-17-2224800
Aaron Rhodes, IHF Executive Director, +43-676-6356612

Council of Europe: One More Chance to Enhance the Protection of Human Rights of Trafficked Persons

6 December 2004

News Release Issued by the International Secretariat of Amnesty International

AI Index: IOR 30/024/2004 6 December 2004

Council of Europe: One more chance to enhance the protection of human rights of trafficked persons

JOINT PRESS RELEASE

Amnesty International and Anti-Slavery International

Trafficking in human beings is a growing form of slavery which plagues Europe. The 46 member states of the Council of Europe have the opportunity to take a leading role in the protection of the rights of trafficked people; to do so they should further strengthen the draft European Convention on Action against Trafficking in Human Beings, said Amnesty International and Anti-Slavery International.

The call of the two organizations comes as government-representatives, who form the Ad Hoc Committee on Action Against Trafficking in Human Beings (known as "the CAHTEH"), begin what may be their last meeting to finalize their proposals for a treaty which aims to enhance the protection of the rights of trafficked persons, as well as to ensure greater efforts to prevent trafficking and the prosecution of traffickers. During its meeting in Strasbourg, France, from 7-10 December, the CAHTEH will review provisions of the draft European Convention on Action against Trafficking and then pass it to the Council of Europe's Committee of Ministers for their consideration.

"People who have been trafficked are victims of a terrible crime. If their rights are to be protected from further violation and the fight against human trafficking strengthened, it is vital that the women, children and men who are trafficked throughout Europe are properly identified and ensured effective protection, regardless of whether they have been trafficked into prostitution or labour exploitation. The Council of Europe's convention on trafficking provides an opportunity to achieve this which must not be missed," said Mary Cunneen, Director of Anti-Slavery International, which has been working to eradicate slavery for over 160 years.

"Trafficked persons are bought and sold, kidnapped, lured by false promises of work or marriage, raped and subjected to other forms of torture and ill-treatment. Their passports and identity documents are often taken away by their traffickers; their freedom of movement is commonly restricted. Some are held in debt-bondage; others are not paid at all, they work, literally, as slaves. Many face threats to their lives and/or the lives of their family members if they attempt to escape or cooperate with law enforcement authorities", said Jill Heine, Legal Adviser for Amnesty International.

Amnesty International and Anti-Slavery International warmly welcome the stated aim of the Council of Europe to draft a treaty which enhances the protection of the human rights of trafficked persons. The two organizations consider that the current (October 2004) draft needs to be strengthened, in order to meet its aim. To this end, the two organizations have published a document, Amnesty International's and Anti-Slavery International Recommendations to Strengthen the October 2004 Draft of the European Convention on Action against Trafficking in Human Beings (AI Index: IOR 61/024/2004).

The two organizations have been alarmed to learn of a proposal which has been tabled by a government in recent days, after publication of their recommendations, that risks undermining the effectiveness of the draft treaty. The proposal is to include a provision that would make the Council of Europe's treaty subsidiary to European Union (EU) legislation on trafficking, with respect to EU member states.

"This proposal risks significantly weakening the European Convention against Trafficking. It risks being regarded as a green light to the EU to draft laws which are less protective of the rights of trafficked persons than the standards set out in the Council of Europe treaty. We urge that this proposal be vigorously opposed. It runs counter to the very object and purpose of the treaty, which was agreed by the representatives of the 46 states which sit on the Council of Europe's Committee of Ministers. Instead, the Council of Europe and the EU should be working cooperatively to ensure the highest protection of the rights of trafficked persons", Amnesty International and Anti-Slavery International said.

 

In addition, the two organizations have called on the CAHTEH to ensure, among other things, that the text of the European Convention against Trafficking is strengthened by:

- Requiring states to ensure that persons experienced in working with trafficked persons are responsible for their prompt and accurate identification;

- Ensuring that trafficked persons are treated as the victims of the crimes that they are and are not detained, charged or prosecuted for the illegality of their entry into or residence in a country, or for their involvement in unlawful activities that are a consequence of their situation as trafficked persons;

- Requiring states to make available a full range of assistance and protection, including medical and psychological care, legal assistance, safe and secure housing, and education, in particular to children;

- Ensuring that persons reasonably believed to have been trafficked are afforded a minimum period of three months to begin to recover from their ordeal, escape the influence of their traffickers and make informed decisions about their future, including cooperation with law enforcement efforts to pursue their traffickers, in security; their presence in the country during this time should be regularized and recognized;

- Requiring that, following this period, trafficked persons are granted 6-month-minimum renewable and permanent residence permits on the basis of periodic needs and risk assessments;

- Ensuring that no trafficked person will be returned to any country if there is a risk to their life or safety, including the risk of re-trafficking;

- Ensuring the right of trafficked persons to reparation, including compensation, regardless of whether or not their traffickers are identified, arrested or prosecuted.

- Ensuring, as far as possible, that there are no safe havens for traffickers;

- Creating an independent expert-body, chosen in a transparent manner, to assist states in their implementation of this treaty, including by considering collective complaints about its implementation.

"If these recommendations are adopted, the Council of Europe's treaty could fill a significant gap, as today there are no treaties that comprehensively address states' obligations to respect and protect the human rights of trafficked persons," Amnesty International and Anti-Slavery International said.

Background:

More than 170 other non-governmental organizations (NGOs) from 30 countries have joined Amnesty International and Anti-Slavery International in these calls; their statement urging the Council of Europe's Committee of Ministers to strengthen the draft European Convention against Trafficking in Human Beings was submitted last month.

It is expected that, following the CAHTEH meeting, the Council of Europe's Committee of Ministers will forward the text of the draft European Convention against Trafficking to the Parliamentary Assembly of the Council of Europe (PACE), requesting their opinion by the end of January 2005. After consideration of this Opinion, it is likely that the Committee of Ministers will then adopt the European Convention on Action against Trafficking in Human Beings in March 2005, and that the treaty will be opened for signature at the Council of Europe's Third Summit of Heads of State and Government in May 2005.

To arrange an interview or for further information contact:

Amnesty International's Press Officer Lydia Aroyo on +44 (0)20 7413 5599, +44 (0) 7771 796350, e-mail - laroyo@amnesty.org.

Anti-Slavery International's Press Officer Beth Herzfeld on +44 (0)20 7501 8934 or email b.herzfeld@antislavery.org.

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Czech Republic Government Approves Anti-Discrimination Bill

2 December 2004

Victims of discrimination in the Czech Republic - be it in the form of race, gender, sexual orientation, or age - should have a better chance of defending their rights in the future. A new anti-discrimination bill has been approved by the government clearly outlining and broadening the definition of what is discrimination.

Proving any form of discrimination in the Czech Republic has never been easy. Imagine the following situation: you are a Romany and you walk into a pub where you see a prominently displayed baseball bat with the message: For Gypsies! You can either walk out and never go near the place again or you can take the matter to court. This is a true life story - the Romany in question took the case to court and lost, because the judge claimed that the insulting message was not directed against him in person. If the new anti-discrimination bill makes it through both houses of Parliament such a court case would, in future, have a very different ending.

If you were looking for a place to rent and were refused because you had children, or because you happened to be gay - you could fight back. And the premise that an insult against a minority to which you belong is not an insult against you yourself could never be used again, since the new bill defines the concept of direct and indirect discrimination. In a town where a third of the population is Roma - a supermarket could be sued for not having a single Romany employee.

Czechs, who have in the past had few instruments with which to battle discrimination - and who are only tentatively using the existing laws against discrimination at the work place and sexual harassment - may wonder at the scope of this new bill. Will we see the day when someone is taken to court for telling a joke about dumb blondes - the Czech daily Mlada fronta Dnes asks. Observers think not. The proposed bill should simply ensure that people who are seriously discriminated against have greater protection under Czech law. The bill includes provisions for exceptions, sets quotas and ceilings on damages that victims can demand. Of course, it may sustain some changes on its way through parliament. MPs may wish to add an article or two of their own. In recent years they have been the butt of a great many jokes, so perhaps they'll want to include themselves on the list of potential victims.

Cited from: Daniela Lazarova, Government Approves Anti-Discrimination Bill, Radio Praha, 2 December 2004.

New UN Report on Women and HIV/AIDS

2 December 2004

The Joint United Nations Programme on HIV/AIDS (UNAIDS), the United Nations Development Fund for Women (UNIFEM) and UNFPA, the United Nations Population Fund have recently released a report, Women and HIV/AIDS: Confronting the Crisis, which documents the important but little known impact of the AIDS epidemic on women and girls.

Accounting for nearly half of the total forty million people living with the disease, women know less than men about the transmission and prevention of the disease, a trend made worse because of the discrimination and violence they face. The report addresses the triple threat of gender inequality, poverty, and HIV/AIDS and serves as a call to action to advocates, policy makers and women to confront this problem.

Specifically, the report includes analyses on the prevention, treatment, caregiving, education, violence, and womens rights involved in the epidemic and outlines steps that need to be taken to lessen this crisis among women.

Compiled from: Women and Aids: Confronting the Crisis, UNAIDS, UNFPA, UNIFEM, 2004 (PDF, 76 pages)

Online Discussions at WomenWatch

2 December 2004

Women Watch is hosting a series of online discussions from now until January 2005 to address progress made on the Beijing Declaration and Platform for Action. Focused on the Platform’s critical areas of concern and moderated by members of the Inter-Agency Network on Women and Gender Equality, individuals are encouraged to participate in the discussions. Insight gathered from the discussions will be summarized and submitted to the United Nations Commission on the Status of Women in February 2005 and posted on WomenWatch.

Current and upcoming discussions include:

Human Rights of Women

Moderated by OHCHR

8 November – 3 December 2004

Violence Against Women

Moderated by UNIFEM

8 November-3 December 2004

Women and Health (including reproductive health, AIDS and Human Rights)

Moderated by WHO, UNFPA and UNAIDS

10 November- 24 November 2004, 10-21 January 2005

Trafficking in Women

Moderated by UNODC

22 November – 17 December 2004

Women and the Environment

Moderated by UNEP

December 2004

Women and Poverty

Moderated by World Bank

10 January – 4 February 2005

Education and Training of Women and the Girl Child

Moderated by UNESCO/UNICEF

10 January – 4 February 2005

Institutional Mechanisms for the Advancement of Women

Moderated by ESCAP

Dates to be Determined

Women and Armed Conflict

Moderated by ESCWA

Dates to be Determined

Visit WomenWatch for more information on and to register to participate in the discussions.

Compiled from: WomenWatch, Inter-Agency Network on Women and Gender Equality (IANWGE), United Nations, 17 November 2004.

NGO Statement to the Committee against Torture on Domestic Violence in Greece

2 December 2004

  • Centre for Research and Action on Peace (KEDE)
  • Coordinated Organizations and Communities for Roma Human Rights in Greece
  • (SOKADRE)
  • Greek Helsinki Monitor (GHM)
  • Minority Rights Group - Greece (MRG-G)
  • Support Center for Children and Family - Social & Education Action
  • World Organisation Against Torture (OMCT)

19 November 2004

Mr. Chairman, Members of the Committee,

I am Myrto Lemou, representing the "Social and Educational Action Center for the Support of Children and Family." I will address domestic violence -Item 22 in your List of Issues on Greece.

Our NGO serves 450 families of the socially excluded minority of Muslim Roma (both Romani- and Turkish-speaking) who have migrated from Thrace and live in degraded neighborhoods in the center of Athens. To a lesser extent we also serve Albanian Roma and other economic migrants of that area.

As an example, we witness girls as young as 13 to 16 years-old, who become easily victims of domestic violence. Just in the first half of 2004, we have registered 40 victims of domestic violence. These girls are often forced to get married so as to satisfy the financial interests of their families. Psychological and physical violence are both used to this end, which makes the girls more easily controlled by their highly conservative society. Then, they end up choosing abortion whenever possible, since even this choice is considered to be a right of the husband up to, in one case, 20 abortions. Having had 5 children at the age of 18, they also find a solution in sedatives and anti-depressing pills as a way out of domestic violence. Part of their conjugal duties is to learn how to tolerate violence from their husbands for "disciplinary" purposes. These husbands are often boys as young as 16- who are also trying to find their way from childhood to adulthood.

This is a perhaps extreme case that is though rendered possible by the fact that there is no law to explicitly prohibit domestic violence. Marital rape is not a crime. The General Secretariat on Gender Equality (GSGE), an independent state agency, notes that the reported incidence of violence against women is low, while the actual incidence is high. Moreover, it estimates that only 6 to 10 percent of the victims contact the police and only a small fraction of those cases ever reach trial. Most Greek women suffering from abuse do not press charges for the following reasons: apart from the heaviness of the judicial system regarding family violence (on average, a criminal case takes 3-5 years for complete adjudication), there is an extremely limited infrastructure for the empowerment and psychological and legal support of victims of family violence. The GSGE also believes that police tend to discourage women from pursuing domestic violence charges and instead encourage them to undertake reconciliation efforts; and that the courts are lenient when dealing with domestic violence cases.

On the other hand, recently released Panteion University research (2004) on child abuse, showed that 60% of Greeks knew of an incident of child abuse, three quarters of which were cases of corporal punishment. Greek law does not contain any provisions explicitly prohibiting corporal punishment of children at home.

GSGE and NGOs have been pushing for years for the introduction of comprehensive legislation on domestic violence. Greece has stated such an intention before CEDAW as far back as 2002, but the draft law has to this day not been tabled to Parliament. CAT should therefore reiterates the recommendations previously made by CEDAW, CRC and CESCR urging Greece to prioritize the adoption of its draft legislation criminalizing domestic violence -including marital rape and corporal punishment- by introducing specific provisions into the criminal code, to strengthen its assistance to victims of domestic violence and marital rape, to sensitize law enforcement and medical personnel, as well as the public at large, for the criminal nature of such acts, and to collect updated statistical data on the number of victims, perpetrators, convictions and the types of sanctions imposed.

Cited from: Balkan Human Rights Listserve, posted 26 November 2004 by Greek Helsinki Monitor.

European Women's Lobby Releases a New Report on Beijing + 10 and the European Union

1 December 2004 

The European Women's Lobby has released a new report, Beijing + 10 1995 - 2005: Review of the Implementaiton of the Beijing Platform for Action by the European Union. The report examines the progress and implementation of the Beijing Platform for Action by the European Union Institutions.

For more information, please visit the European Women's Lobby website. 

  European Women's Lobby Beijing + 10 Report

New Law on NGO Activity in Turkmenistan Greeted with Caution
1 December 2004

The recent publication of a law in Turkmenistan that decriminalizes the activity of unregistered non-governmental organizations may offer hope for the country’s embattled civil society activists. Even so, those in the nascent NGO sector generally view the new law with skepticism.

NGO activists have been among those hardest hit by a government crackdown launched following the failed 2002 assassination attempt against Turkmenistan’s mercurial leader Saparmurat Niyazov. [For background see the Eurasia Insight archive]. The new legislation, published November 2, is formally called the "Law of Turkmenistan on Introducing Amendments to the Criminal Code of Turkmenistan." Specifically, it removes Article 223/1 from the Criminal Code. The original article mandated fines, "corrective labor" and imprisonment with confiscation of "illegally obtained resources (sredstva)" for those found guilty of engaging in public activities without explicit state approval. If implemented, the new law could potentially reverse, or at least slow the steady erosion of space in which civil society activists can operate in Turkmenistan.

The new legislation is an apparent attempt to override a draconian law adopted in October 2003 that criminalized all un-registered activities. Since most NGOs lacked official registration, the actions of a large number of civil society activists could be defined as crimes under the 2003 Turkmen law "On Public Associations," along with related amendments to the country’s Criminal Code. One NGO activist inside Turkmenistan sardonically dubbed the legislation "the law on the death penalty for NGOs."

There are no known instances of the government prosecuting NGO activists under the October 2003 law. Nevertheless, the mere threat of prosecution succeeded in dramatically curtailing independent NGO activity over the past year. Unregistered groups -- the vast majority of NGOs in Turkmenistan – either ceased or cut back their activities. Many quickly shed the dangerous label of "public association" and began to operate as a commercial venture or under the individual license of one of its members. Several groups chose to be co-opted into a governmental or government-controlled entity, trading their independence for the opportunity to function at all. Others opted to continue activities in an underground manner. The label "NGO" largely disappeared from the local lexicon, replaced by "initiative group" or other, safer terms.

The 2003 legislation created a dilemma for international donors. Several long-standing financial supporters of civil society in Turkmenistan -- including USAID and the US Embassy – eventually decided to suspend their assistance programs to help protect their grantees from the risk of unintentionally violating the 2003 law.

In instances where the law could not be harnessed to suppress NGOs, Turkmen authorities did not hesitate to act arbitrarily. For instance, in early 2004 the government summarily stripped two of the country’s most serious and long-standing NGOs of their legal registration, rendering them vulnerable to criminal prosecution for continued work. The Dashoguz Ecological Club and the Ecological Club Catena have both appealed the court rulings, so far unsuccessfully. Since the courts in Turkmenistan are generally viewed as subservient to Niyazov’s personal will, political observers believe the chances of the decisions being overturned are virtually nil.

The government has also curtailed NGO activities by restricting activists’ freedom of movement. In October, an Ashgabat-based civil leader, Natalia Shabunts, was temporarily prevented from traveling to other cities in Turkmenistan, and a sales representative for the state airline was threatened against selling Shabunts a plane ticket for Moscow. The ban on her international travel appears to have been rescinded.

"The harassment of civic actors is not surprising," declared a diplomat based in Turkmenistan who asked not to be identified. "To increase the areas under its direct control, the government has had to decrease the space available to NGOs."

Some NGO activists suspect the November 2 law decriminalizing unregistered NGO activity is designed more to blunt international criticism of Turkmenistan’s human rights practices than it is to create more operational space for civil society activists. [For background information see the Eurasia Insight archive]. The inclination among some civil society activists in Turkmenistan is to wait for additional indicators from Niyazov’s government before testing the limits of the new law.

The international community’s response to the new law so far has been cautious. For example, Paul W. Jones, a top US envoy to the Organization for Security and Cooperation in Europe (OSCE), "commended" Niyazov’s government for promulgating the law. At the same time, Jones, speaking at an OSCE Permanent Council session shortly after the law’s publication, noted that full compliance with OSCE obligations also required Ashgabat to "rescind all other legislation and halt all practices that hinder NGOs from contributing to a vibrant civil society."

Since November 25, 2002, Niyazov has tended to conflate NGO activity with efforts by the president’s political opponents to force his ouster. On that day, loyalists of former foreign minister Boris Shikhmuradov allegedly tried to assassinate Niyazov as he drove himself to work. The failed attempt prompted massive retaliation by Niyazov. The state security apparatus rounded up not only those suspected of taking an active part in the assassination conspiracy, but also the family members of those implicated. Many suspects, along with some of their relatives, received lengthy prison terms. A significant number of those deemed guilty by association escaped prison, but nonetheless saw their lives ruined: the government forced them out of their homes; fired them from their jobs; and prohibited them from traveling abroad. [For additional information see the Eurasia Insight archive].

The experience of Farid Tukhbatullin, a civic activist and environmentalist, served as a cautionary tale for all NGO activists. Tukhbatullin was arrested in the city of Dashoguz in December 2002 and charged, among other things, with failing to notify authorities that members of the political opposition were plotting a coup d’etat. The authorities – falsely – presumed that this plot had been discussed at a conference that Tukhbatullin had attended in Moscow prior to his return to Dashoguz. The subsequent show trial and sentencing sent an intimidating message to others in the civic community that, for the moment, continues to outweigh the promise of the new legislation.

Editor’s Note: Erika Dailey is the Director of the Open Society Institute’s Turkmenistan Project, which has operated since October 2002. She has an M.A. in Central Asian Studies, and has worked on human rights and development issues relating to the region since the late 1980s.

Posted November 30, 2004 © Eurasianet
http://www.eurasianet.org

Cited in: Erica Dailey, New Law on NGO Activity in Turkmenistan Greeted with Caution, Eurasianet, 1 December 2004.

Copyright (c) 2003 Open Society Institute. Reprinted with the permission of the Open Society Institute, 400 West 59th Street, New York, NY 10019 USA, wwwEurasiaNet.org. or www.soros.org.