UN Committee CallJune 2015

UNODC:

The UN Office on Drugs and Crime is based in Vienna and has six regional field offices and two Liaison offices (Brussels, NY).

Overview of UN Committee in Vienna and their relevance for women’s issues

UNODC areas of concern

UNODC covers 14 areas of concern. These areas are covered twice a year by regular sessions of the Commission on Crime Prevention and Criminal Justice and of the Commission on Narcotic Drugs and Psychotropic Substances.

The areas of concern relevant for women’s issues: Alternative development Corruption Crime prevention, treatment and care Drug trafficking Firearms Fraudulent medicines HIV and AIDS Trafficking and migrant smuggling Money-laundering Organized crime Maritime crime and piracy Terrorism prevention Wildlife and forest crime

Overview of UN Committee in Vienna and their relevance for women’s issues

UNIDO: UNIDO is the specialized agency of the United Nations that promotes industrial development for poverty reduction, inclusive globalization and environmental sustainability.

The legislative bodies of UNIDO based in Vienna: Industrial Development Board General Conference

Note: NGOs are invited to participate in the policy-making debates in the legislative bodies of UNIDO where they could address Member States on issues related to the empowerment of women, on financing the goals of SDG’s, etc.

DefinitionsArticle 3(a) of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and children, supplementing the UN Convention against Transnational Organized Crime (Trafficking in Persons Protocol)

Trafficking in Persons (TIP) is constituted by three elements:

Action: recruitment, transportation, transfer, harboring or receipt of persons.

“Means” by which the that action is achieved: threat, use of force, abuse of power or a position of vulnerability, giving or receiving of payments or benefits to achieve consent of a person having control over another person.

“Purpose” of action/means: exploitation of the victim, that includes: prostitution or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs.

Note: Trafficking of persons happens everywhere.

DefinitionsSmuggling of Migrants (SOM) is a crime involving the procurement for financial or other material benefit of illegal entry of a person into a State of which that person is not a national or resident. Migrant smuggling affects almost every country in the world. It undermines the integrity of countries and communities and costs thousands of people their lives every year.

UNODC, as the guardian the United Nations Convention against Transnational Organized Crime (Organized Crime Convention) and the Protocols thereto, assists States in their efforts to implement the Protocol against the Smuggling of Migrants by Land, Sea and Air (Smuggling of Migrants Protocol).

http://www.unodc.org/unodc/en/human-trafficking/publications.html

Definitions

Irregular migration is crises related, f.e. from Africa to Europe across the Mediteranian Sea. For a long time it has been considered far from rights protection (fight against illegal immigration), but it has to be based on fundamental International Human rights and rights on safety and security. Irregular migration has to be treated similar to the rights of refugees.

Two new policy papers are under preparation in 2015 and 2016.

  Council of Europe Istanbul Convention on preventing and combating violence against women and domestic violence

UN Convention against transnational organized crime - PALERMO Convention and Protocol

AdoptionInto force

• By the Council of Europe Committee of Ministers on 7 April 2011.

• Entered into force on 1 August 2014.• Open for any State in the world –

under certain conditions.

• November 2000 – GA resolution• Open for signature by all States and by

regional economic integration organizations.

Ratification Signed by 36 of 48 European countries (Member of European Council) and ratified by.

Signatories: 147 Parties: 185

Reference treaties /Conventions / inspired by….

UN convention against transnational organized crime = Palermo Convention and Protocols

UN CEDAW The Beijing Declaration and Platform

for Action United Nations Commission on the

Status of Women

Previous four Women World conferences

Report of the Ad Hoc Committee of the whole of the 23rd special session of the United Nations General Assembly (Beijing+ 5 – political declaration and outcome document)

Istanbul Convention and Protocol: Palermo Convention and Protocol

  Council of Europe Istanbul Convention on preventing and combating violence against women and domestic violence

UN Convention against transnational organized crime - PALERMO Convention and Protocol

Intention /Content

Obligation of the States to address all forms of violence against women and domestic violence including to men, children and the elderly by: Prevention - Protection - Prosecution – Monitoring.

Effective co-operation among the following agencies: the judiciary public prosecutors law enforcement agencies local and regional authorities and NGOs “other relevant organizations” – civil

societies and the like

States commit to taking measures against transnational organized crime, including the creation of domestic and criminal offenses like participation in an organized criminal group, money laundering, corruption and obstruction of justice.

States having ratified committed to: taking measures against transnational

organized crime, including the creation of domestic criminal offences;

the adoption of new and sweeping frameworks for extradition;

mutual legal assistance and law enforcement cooperation;

and the promotion of training and technical assistance for building the necessary capacity of national authorities.

Istanbul convention and Protocol: Palermo Convention and Protocol

  Council of Europe Istanbul Convention on preventing and combating violence against women and domestic violence

UN Convention against transnational organized crime - PALERMO Convention and Protocol

Legally binding…

• First legally-binding instrument in Europe in the field of violence against women and domestic violence, the most far reaching international treaty to tackle this violation of human rights.

• The defined offenses have to find their way into the national legal systems. State parties will have to carry out judicial proceedings in a manner that respects the rights of victims.

• Main international instrument in the fight against transnational organized crime – about 10 years earlier than Istanbul.

• Each State Party shall adopt, in accordance with fundamental principles of its domestic law, such legislative and other measures as may be necessary to establish as criminal offences. States that ratify this instrument commit to the content of the convention.

Monitoring • Monitoring mechanism to assess the success by: the Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO), an independent expert body, and the Committee of Parties, a political body composed of official representatives of the State Parties to the Convention.

• Monitor reports may draw on information from NGOs as well as national parliaments .

• Monitoring the successful implementation of the Convention in the States having ratified does not appear a key objective /concern of the convention authors; however, the cooperation with experienced NGOs and civil societies and other societal institutions is deemed increasingly important.

Istanbul convention and Protocol: Palermo Convention and Protocol

  Council of Europe Istanbul Convention on preventing and combating violence against women and domestic violence

UN Convention against transnational organized crime - PALERMO Convention and Protocol

Role of NGOs

Emphasize the important contribution of NGOs, in particular with regard to monitoring and evaluation.

Although the role of NGOs is not explicitly mentioned in the convention and protocol, resp., the UN recognition of their expertise, their capability to do research, to collect data and prepare reports has over time increased.

ProtocolTitle /Relevance

• Istanbul Protocol –> Manual on the effective investigation and documentation of torture and other cruel, Inhuman or Degrading Treatment or Punishment.

• The protocol serves as “working instructions” to carry out effective monitoring.

• Extreme important and demanding: the procedures and measures described in detail in order to document and to prove victimization.

• The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children; the Protocol against the Smuggling of Migrants and the Protocol against the Illicit Manufacturing of and Trafficking in Firearms.

• Each of the protocols depict the areas most afflicted by trafficking, above all women and girls as well as violence at home.

Istanbul convention and Protocol: Palermo Convention and Protocol

  Council of Europe Istanbul Convention on preventing and combating violence against women and domestic violence

UN Convention against transnational organized crime - PALERMO Convention and Protocol

Summary - strengths and differences

• Istanbul Convention as further development and in depth refinement of the UN convention against transnational organized crime (Palermo).

• Violence against women and girls and domestic violence are seen as crucial.

• Claim to anchor the convention in national law.

• Survivors’ rights and needs are core of all State response.

• Provision of a monitoring mechanism. • Emphasis on prevention measures,

requiring States to install specialized institutions; partnerships with NGO-sector.

• Explicit definition of what is meant by violence, violence against women, domestic violence, torture, etc.

• Palermo = one of the first important global and international milestone to agree on rules to combat transnational criminal trafficking and other activities alike.

• The wording lacks detailed definitions thus open for interpretation, and is less legally binding for States having signed.

• No provisions/ rules for monitoring the measures in those States Parties that signed and ratified.

Istanbul convention and Protocol: Palermo Convention and Protocol

Source: ZI UN Committee Report “Palermo – Istanbul Convention” from B. Devin

UNODC Sherloc Database UNODC - The SHERLOC portal is an initiative to facilitate the dissemination of information regarding the implementation of the UN Convention against Transnational Organized Crime and its three Protocols. http://www.unodc.org/cld/index-sherloc.jspx

Other DatabasesCase Law Database

A comprehensive case law database that allows you to see how Member States are tackling organized crime cases in their courts.

Database of Legislation

An electronic repository of laws relevant to the requirements of the Organized Crime Convention and the Protocols thereto. Most of the legislation included in this database has been enacted specifically to counter the relevant crime type.

CNA Directory

Directory of competent national authorities that have been designated to receive, respond and process requests pertaining to mutual legal assistance, extradition and transfer of sentenced prisoners, smuggling of migrants and trafficking in firearms.

Bibliographic Database

An annotated bibliography providing a synopsis of key articles that are search-able by countries, research methods and keywords. The database is under development and currently includes research on migrant smuggling.

DOHA Declaration on crime prevention With a special focus on civil Society

History• Since the first Congress on Crime Prevention in 1950 every five year a

congress on Crime Prevention took place; the 13th Congress Crime Prevention and Criminal Justice was organized by Qatar, Doha in April 2015 with the objective to discuss and define national approaches to public participation in strengthening crime prevention and criminal justice.

Core of the Declaration• Doha Declaration focuses on INTEGRATING crime prevention and

criminal justice into the wider United Nations agenda as well to “Third Parties” to address social and economic challenges and to promote the rule of law at the national and international levels.

DOHA Declaration on crime prevention Definition “Civil Societies”

Overall: institutions and organizations that are independent from Political Government; other “nomenclature”:• NGOs – national and international• So-called Lobby-institutions• Private economic associations – lawyer, beneficial bodies, research institutes,

monitoring mechanism and academia

Key Aspects

Civil societies stand for the culture of lawfulness. They are crucial parties in achieving the declaration goals – human rights, freedom, human dignity.

 

Challenges• Civil societies and member states must implement comprehensive and inclusive

actions in order to improve criminal justice.• Participation of national, local police is vital.• Experience and expertise of Civil societies are critical concerning the collection of

data and analysis.

DOHA Declaration on crime prevention Role and responsibilities of “Third Parties”:• Active Participation regarding measurement towards peaceful and

inclusive societies. In particular the achievement and its measurement of SDG Goal 16* requires the expertise of civil societies.

• Increase participation of women and young people.• Intensify legal aid in assessment and implementation.• Cooperate with members of the legal community, whistle blowers and

journalists.• Train Civil Society members on the subject criminal justice.

(Source: Side Event at CCPCJ May 2015 in Vienna - see: ZI UN Report from B. Devin)

Upcoming conferences in Vienna

• 9 - 13 November: UNODC: Commission on Narcotic Drugs: Subcommission on Illicit Drug Traffic and Related Matters in the Near and Middle East, 50th session (tent)

• 16 - 18 November: UNODC: Conference of the Parties to the United Nations Convention against Transnational Organized Crime: Working Group on Trafficking in Persons, especially Women and Children, 6th session 

• 18 - 20 November: UNODC: Conference of Parties to the United Nations Convention against Transnational Organized Crime: Working Group on the Smuggling of Migrants, 3rd session 

Upcoming conferences in Vienna

• 30 November - 4 December: UNIDO: General Conference,16th session

• 10 December: UNODC: Joint Meetings of the Commission on Narcotic Drugs, reconvened 58th session and Commission on Crime Prevention and Criminal Justice, reconvened 24th session

• 11 December: UNODC: Commission on Crime Prevention and Criminal Justice, reconvened 11 December: UNODC: Commission on Narcotic Drugs, reconvened 58th session

www.zonta.org