- UNITED NATIONS-
| The United Nations has been an integral partner in the global battle against sex trafficking of women and children since its founding in 1948. Captive Daughters proudly reiterates and upholds the UN's Universal Declaration of Human Rights. |
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On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears HERE. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories."
UN DECLARATIONS and CONVENANTS AGAINST TRAFFICKING:
An overview of the UN's articles that pertain to trafficking
by Captive Daughters Executive Director Sandra Hunnicutt
Now, let’s discuss trafficking as it relates to human rights and existing legislation. When the 1948 Human Rights Declaration was created, trafficking as a term was not used however, the Declaration succinctly addressed the essential nature of the crime. The following articles apply the trafficking on women and children.
ARTICLE 3
Guarantees the right to be free from physical violence; rape, sexual violence and trafficking. “Everyone has the right to life, liberty and security of person.”
The Reality: The brutality of traffickers cruel, inhuman and infamous. Once a victim is snared in this nightmare, there is no such thing as a right to life, liberty and security of person.
ARTICLE 4
Guarantees freedom from slavery. “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all forms.”
The Reality: Sex trafficking is now identified as a modern form of slavery by which victims are tricked, lured or kidnapped into enslavement. The practice utilizes the debt bond system, the classic hallmark of the slave system, which saddles the victim with a huge debt, which they never agreed to. Their freedom is linked to paying off this debt, which is essentially, never paid off forcing victims to work in slave conditions with no recourse.
ARTICLE 5
Guarantees the bodily integrity and security of a person. “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
The Reality: The very nature of forced prostitution of women and children is cruel and inhuman
punishment, which few ever recover from. The UN estimates that there are over 1,000,000 victims presently enslaved by organized crime, other agencies double that figure.
ARTICLE 8
Guarantees the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him/her by the constitution or by law.
The Reality: When seeking assistance from authorities such as police, victims encounter other forms of sexual violence such as rape, and sexual harassment. Many times, after sexually abusing a woman, authorities return her back to the very brothel she escaped from.
ARTICLE 9
Guarantees that no one shall be subjected to arbitrary arrest, detention and exile. Supports the principle of liberty and freedom of movement.
The Reality: Until recently, immigration laws benefitted pimps and traffickers – women were subject to arrest on charges of overstaying their visas and then deported immediately. Such practices prevented victims for testifying against their captors. Victims of Trafficking & Violence Prevention Act of 2000
ARTICLE 13
Guarantees the right to freedom of movement and residence within the borders of each State. Guarantees the right to citizenship or to change citizenship
The Reality: No trafficking victim has any freedom of movement. They live and work against their will inside a brothel for years, without any freedom of movement. Most victims are transported with false documentation which makes them stateless people. They are caught in a catch 22 between sending and receiving countries. Children born from victims are denied the right to nationality in some receiving countries.
ARTICLE 23
Guarantees the right to work, free choice of employment, just and favorable conditions of work
The Reality: None of these exist for trafficked victims.
ARTICLE 24
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
The Reality: There is no rest or relaxation for trafficking victims who must endure 25 to 20 customers a day. Hours are work are set by customer and pimp demand. Victims are denied the right to choose clients and conditions of selling sex as well as methods to prevent themselves from sexually transmitted diseases and AIDS. Victims are economically exploited. They are forced to work and their incomes are appropriated by others.
ARTICLE 25
Guarantees the right to enjoy, psychological, physical and sexual health and states that motherhood and childhood are entitled to special care and assistance.
The Reality: None of these provisions apply to anyone caught up in sex trafficking. The psychological and physical scars will remain forever.
CEDAW: The Convention on the Elimination of All Forms of Discrimination against Women
Adopted in 1979 by the UN General Assembly, CEDAW is often described as an international bill of rights for women. Consisting of a preamble and 30 articles, it defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination.
• CEDAW Overview: "...any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field."
• CEDAW text: "...the full and complete development of a country, the welfare of the world and the cause of peace require the maximum participation of women on equal terms with men in all fields "
Convention on the Rights of the Child
UN Office of the High Commissioner for Human Rights
Adopted in 1989, and put into force in 1990, the Convention is a universally agreed set of non-negotiable standards and obligations. These basic standards—also called human rights—set minimum entitlements and freedoms that should be respected by governments. They are founded on respect for the dignity and worth of each individual, regardless of race, colour, gender, language, religion, opinions, origins, wealth, birth status or ability and therefore apply to every human being everywhere.
• Read the full text of the convention here
UN Special Rapporteur on Trafficking: Sigma Huda
At its sixtieth session, the Commission on Human Rights adopted decision 2004/110, by which it decided to appoint, for a three-year period, a Special Rapporteur on trafficking in persons, especially women and children to focus on the human rights aspects of the victims of trafficking in persons. In the same decision, the Commission invited the Special Rapporteur to submit annual reports to the Commission together with recommendations on measures required to uphold and protect the human rights of the victims. The Commission requested the Special Rapporteur to respond effectively to reliable information on possible human rights violations with a view to protecting the human rights of actual or potential victims of trafficking and to cooperate fully with other relevant special rapporteurs, in particular the Special Rapporteur on violence against women, and to take full account of their contributions to the issue. The Commission also requested the Special Rapporteur to cooperate with relevant United Nations bodies, regional organizations and victims and their representatives. The Economic and Social Council, in its decision 2004/228, endorsed Commission on Human Rights’ decision 2004/110.
In the discharge of his/her mandate, the Special Rapporteur:
a) Takes action on violations committed against trafficked persons and on situations in which there has been a failure to protect their human rights (See Individual complaints)
b) Undertakes country visits in order to study the situation in situ and formulate recommendations to prevent and or combat trafficking and protect the human rights of its victims in specific countries and/or regions
c) Submits annual reports on the activities of the mandate
SIGMA HUDA (Bangladesh) is currently the UN's Special Rapporteur on Trafficking
• Read her bio here
• Sigma Huda unjustly detained and jailed in Bangladesh, read the UN Watch press release
United Nations Links
• UN Chronicle: Your gateway to information, ideas and debate about the United Nations system.
• UN.GIFT: Global Initiative to Fight Human Trafficking
• UN
Office on Drugs & Crime: the guardian of the UN Protocol against trafficking in persons
• UN
Population Fund: policies and programmes to reduce poverty and to ensure that every pregnancy is wanted, every birth is safe, every young person is free of HIV/AIDS, and every girl and woman is treated with dignity and respect
• UN AIDS: Joint United Nations programme on HIV/AIDS
• UNIFEM: A portal on women, peace and security
