Focal Point on the Human Rights of Women, including matters relating to Trafficking
The United Nations High Commissioner for Human Rights Ms. Mary Robinson had requested the Commission to nominate an appropriate individual to serve as a Focal Point on the Human Rights of Women, including matters relating to Trafficking. This was in follow-up to a recommendation made by the Asia Pacific Forum of National Human Rights Institutions in a meeting held in Manila in September 1999.
The Commission considered the request and, accordingly, the Chairperson has nominated Justice Sujata V. Manohar, Member, NHRC, to serve as the Focal Point. The Senior Research Officer of the Commission will assist the Member.
The following subjects will be taken up by the Focal Point:
Coordination and Cooperation
i) International/Regional Levels
Review the existing international commitments and commitments made at the regional level to prevent and to eliminate trafficking and violence against women and suggest steps for their implementation;
Promote greater coordination with international organizations which have a key role in preventing and eliminating trafficking and violence against women, including UNIFEM, UNICEF, the UN Center for Human Rights, the UN Commission on Human Rights, ILO, UNESCO, UNDP, WHO, UNAIDS, INTERPOL, UN Crime Prevention and Criminal Justice Division, UNFPA, the World Tourism Organisation, the UN High Commissioner for Human Rights, and UN Special Rapporteur on Violence Against Women.
ii) National/ Local Levels
Develop/review and strengthen comprehensive, cross-sectoral and integrated strategies and measures so that there are national and local level agenda(s) for action and indicators of progress, with set goals and time frame for implementation, targeted to prevent and eliminate trafficking and violence against women;
Network with civil society organizations in the prevention and elimination of trafficking and violence against women.
2. Prevention
Review relevant laws and strengthen policies and programmes to prevent trafficking and violence against women;
Monitor national, social and economic policies and programmes to safeguard women, vulnerable to trafficking and violence;
Develop special modules of sensitization for personnel manning homes for women, police officials, border police officials, health personnel and NGOs to prevent and combat trafficking and violence against women;
Initiate gender-sensitive public information campaigns to raise awareness about the nature and degree of human rights abuses experienced by women who are trafficked and subjected to violence;
Mobilize the corporate sector, including the tourism industry, against the use of its networks and establishments for trafficking women;
Sponsor studies to create a reliable and relevant data abuse on women vulnerable to trafficking and violence, their exploiters etc.
3. Protection
Develop, review, strengthen and monitor implementation of laws, policies and programmes to protect the rights of trafficked women as well as those being subjected to violence of different kinds, bearing in mind that the different types of perpetrators and ages and circumstances of victims require different legal and programmatic responses. In the case of trafficking of women, the Focal Point will have to ensure that the trafficked women have the right to initiate relevant administrative and legal proceedings against traffickers as well as obtain redressal for all harms they have suffered and that they have full access to women-friendly personnel and support services in all sectors, more particularly in the legal, social and health fields;
In the case of trafficking of women ensure that certain procedural protections are guaranteed before, during, and after any legal proceedings involving the trafficked women. These protections could include, for example, maintaining the confidentiality of legal proceedings encouraging prosecutors to consult with experts on trafficking, informing trafficked women of the progress and disposition of any proceedings against the alleged traffickers, and allowing trafficked women the opportunity to testify by special means where live testimony may cause harm, whether physical or psychological to the trafficked person;
Identify and strengthen or establish networks between national and international law enforcement authorities, including INTERPOL, and civil society to monitor the commercial sexual exploitation of women.
4. Repatriation and Reintegration
Take effective action to ensure return of trafficked women to their home/communities is safe and voluntary;
Suggest measures/programmes to facilitate voluntary repatriation of trafficked women into their chosen communities;
Provide support to non-governmental organizations that have developed programmes to assist in the safe repatriation and reintegration of trafficked women. It will coordinate with such organizations which would facilitate efforts to combat trafficking by preventing reprisals against trafficked women by the traffickers;
Suggest provision of education, skills training and employment assistance to trafficked women in order to prevent re-trafficking;
Suggest suitable measures for recovery of women subjected to violence including sexual harassment at workplace.
The Commission considered the request and, accordingly, the Chairperson has nominated Justice Sujata V. Manohar, Member, NHRC, to serve as the Focal Point. The Senior Research Officer of the Commission will assist the Member.
The following subjects will be taken up by the Focal Point:
Coordination and Cooperation
i) International/Regional Levels
Review the existing international commitments and commitments made at the regional level to prevent and to eliminate trafficking and violence against women and suggest steps for their implementation;
Promote greater coordination with international organizations which have a key role in preventing and eliminating trafficking and violence against women, including UNIFEM, UNICEF, the UN Center for Human Rights, the UN Commission on Human Rights, ILO, UNESCO, UNDP, WHO, UNAIDS, INTERPOL, UN Crime Prevention and Criminal Justice Division, UNFPA, the World Tourism Organisation, the UN High Commissioner for Human Rights, and UN Special Rapporteur on Violence Against Women.
ii) National/ Local Levels
Develop/review and strengthen comprehensive, cross-sectoral and integrated strategies and measures so that there are national and local level agenda(s) for action and indicators of progress, with set goals and time frame for implementation, targeted to prevent and eliminate trafficking and violence against women;
Network with civil society organizations in the prevention and elimination of trafficking and violence against women.
2. Prevention
Review relevant laws and strengthen policies and programmes to prevent trafficking and violence against women;
Monitor national, social and economic policies and programmes to safeguard women, vulnerable to trafficking and violence;
Develop special modules of sensitization for personnel manning homes for women, police officials, border police officials, health personnel and NGOs to prevent and combat trafficking and violence against women;
Initiate gender-sensitive public information campaigns to raise awareness about the nature and degree of human rights abuses experienced by women who are trafficked and subjected to violence;
Mobilize the corporate sector, including the tourism industry, against the use of its networks and establishments for trafficking women;
Sponsor studies to create a reliable and relevant data abuse on women vulnerable to trafficking and violence, their exploiters etc.
3. Protection
Develop, review, strengthen and monitor implementation of laws, policies and programmes to protect the rights of trafficked women as well as those being subjected to violence of different kinds, bearing in mind that the different types of perpetrators and ages and circumstances of victims require different legal and programmatic responses. In the case of trafficking of women, the Focal Point will have to ensure that the trafficked women have the right to initiate relevant administrative and legal proceedings against traffickers as well as obtain redressal for all harms they have suffered and that they have full access to women-friendly personnel and support services in all sectors, more particularly in the legal, social and health fields;
In the case of trafficking of women ensure that certain procedural protections are guaranteed before, during, and after any legal proceedings involving the trafficked women. These protections could include, for example, maintaining the confidentiality of legal proceedings encouraging prosecutors to consult with experts on trafficking, informing trafficked women of the progress and disposition of any proceedings against the alleged traffickers, and allowing trafficked women the opportunity to testify by special means where live testimony may cause harm, whether physical or psychological to the trafficked person;
Identify and strengthen or establish networks between national and international law enforcement authorities, including INTERPOL, and civil society to monitor the commercial sexual exploitation of women.
4. Repatriation and Reintegration
Take effective action to ensure return of trafficked women to their home/communities is safe and voluntary;
Suggest measures/programmes to facilitate voluntary repatriation of trafficked women into their chosen communities;
Provide support to non-governmental organizations that have developed programmes to assist in the safe repatriation and reintegration of trafficked women. It will coordinate with such organizations which would facilitate efforts to combat trafficking by preventing reprisals against trafficked women by the traffickers;
Suggest provision of education, skills training and employment assistance to trafficked women in order to prevent re-trafficking;
Suggest suitable measures for recovery of women subjected to violence including sexual harassment at workplace.