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General Assembly Distr.   GENERAL

A/HRC/6/NGO/43   5 September 2007    ENGLISH ONLY  

 

HUMAN RIGHTS COUNCIL   Sixth session     Item 3 of the provisional agenda

 

PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS, CIVIL,

POLITICAL ECONOMIC, SOCIAL AND CULTURAL RIGHTS,

INCLUDING THE RIGHT TO DEVELOPMENT

 

Written statement* submitted by the Coalition Against Trafficking in Women and Children (CATW), a non-governmental organization in special consultative status

 

The Secretary-General has received the following written statement which is circulated in accordance with Economic and Social Council resolution 1996/31.

[2 September 2007]

 * This written statement is issued, unedited, in the language(s) received from the submitting non-governmental organization(s). GE.07-14012

 

Written statement regarding the second annual thematic report by the Special Rapporteur on the human rights aspects of the victims of trafficking in persons, especially women and children, Ms. Sigma Huda

 

1. On 8 October 2004, the Chairperson of the Commission on Human Rights, pursuant to Commission decision 2004/110, appointed Ms. Sigma Huda (Bangladesh) as Special Rapporteur on the human rights aspects of the victims of trafficking in persons, especially women and children.

 

2. As part of her mandate, the Special Rapporteur submits annual reports to the Human Rights Council on her country visits and on communications set to and received from Governments. The annual reports include recommendations on measures required to uphold and protect the human rights of the victims of trafficking in persons.

 

3. The Special Rapporteur has regularly given special attention to thematic issues in her annual reports. The first annual thematic report of the Special Rapporteur delivered at the sixty-second session of the Commission on Human Rights addressed the relationship between trafficking and the demand for commercial sexual exploitation (E/CN.4/2006/62).

 

4. The second annual thematic report of the Special Rapporteur on Trafficking in Persons is devoted to a study on forced marriages in the context of trafficking in persons and is informed by the responses of 28 governments, 26 international and national NGOs and a number of United Nations agencies to a questionnaire on the issue. The Special Rapporteur also based her report on the testimonies of victims of forced marriages in the context of trafficking in persons, mainly women and children.

 

5. In this report, the Special Rapporteur aims to identify when such forced marriages exist and when they have been carried out in the context of trafficking in persons, especially women and children.

 

6. She notes in her report that forced marriages take place in many social, political, cultural, economic and legal contexts around the world despite a number of international and regional agreements prohibiting this harmful practice; and that the vast majority of victims are women and girls.

 

7. The Special Rapporteur highlights the criminal and hidden nature of forced marriages, challenges the idea that victims can consent to this practice, and points to the severe physical, psychological and health consequences for those who are victims of forced marriages in the context of trafficking in persons.

 

8. The Special Rapporteur concludes in her report that in order to eradicate forced marriages in the context of trafficking in persons, it is necessary to target the demand. She proposes that a complete legal prohibition on the demand for forced marriages would function as a deterrent to those who acquire and use the most vulnerable and powerless women and girls for forced marriage.  UN Doc. A/HRC/4/23 (24 January 2007)

 

9. According to the report, forced marriage can be used as a method of recruitment for the purpose of trafficking in persons, and may also be a result of trafficking in persons. The Special Rapporteur notes that the Palermo Protocol provides States with an obligation to prevent the trafficking in persons, including through measures to discourage the demand, to criminalize and prosecute the trafficking in persons, and provide assistance and protection to its victims.

 

10. In the report, she offers recommendations to States and non-State actors on ways to prevent trafficking in persons through or for the purpose of forced marriages, discourage the demand for such marriages, protect and assist the victims, and establish legal and prosecutorial measures to combat forced marriages in the context of trafficking in persons, especially women and children.

 

CONCERNS

1. The CATW International note with great concern that the phenomenon of forced marriages of women and girls in the context of trafficking in persons is widespread, is deeply harmful for its victims and has a serious impact on the status of women and girls in those societies where it occurs.

 

2. We also note with great concern that many States, despite their international obligations, lack adequate laws, policies and measures to prevent and combat forced marriages in general, and especially forced marriages as a result of or a reason for trafficking in persons, especially women and children, or fail to implement such laws and policies.

 

RECOMMENDATIONS

Any society that claims to defend principles of legal, political, economic and social equality for women and girls must put in place comprehensive legal and practical measures, including measures that discourage the demand, to prevent and combat forced marriages in the context of trafficking in persons, especially women and children.

 

The second annual thematic report on forced marriages in the context of trafficking in persons of the Special Rapporteur on the human rights aspects of the victims of trafficking in persons, especially women and children, Sigma Huda, is an important call for State Actors to develop and implement such measures in collaboration with civil society.

 

The Coalition Against Trafficking in Women International, therefore, urges the United Nations Member States to ensure the implementation of the recommendations set out in the second annual thematic report on forced marriages in the context of trafficking in persons by the Special Rapporteur on the human rights aspects of the victims of trafficking in persons, especially women and children, Sigma Huda.





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