South Asian Court of Women on the Violence of Trafficking and HIV/AIDS

Dhaka, Bangladesh

August 11-13, 2003

UNDP in partnership with AWHRC, organised the courtWhich was Implemented by UBINIG

An Alternative Sphere

The Courts are deeply symbolic and an attempt to define a new space for women: a new politics as a forum for human rights education they have been an extremely sensitive and powerful media to reveal the interconnections between various forms of personal and public violence against women in different societies.

Several courts have been held in different parts of the world, including seven in Asia focusing on the issues specific to the region

The others include those held in Middle East, Africa, Australia, Cuba

Court Events:

11th August 2003: A daylong series of round table discussions on critical cutting edge issues related to the core themes that will provide context for receiving the text and testimonies of the court.

In the evening a silent solidarity event “Women in Black” was held in front of the parliament. A Burst of Light: Celebrating Survival and Resistance

The South Asia Court of Women comprised of three events:

Court Events (cont.)

12th August 2003: Testimonies of women survivors and jury statements was heard.

13th August 2003: A Follow up meeting was held to discuss the issues that emerged and discussions took place regarding solutions.

Overview of the Court:

The South Asia Court of Women, through personal testimonies of violence and of resistance, analyses of expert witnesses and inspiring vision statements of a jury of men and women of wisdom seeks to understand the increasing violence and vulnerability associated with trafficking in women and children and HIV/AIDS

Objectives of the CourtProvide a forum for women from different countries of South Asia to share, reflect and have a deeper understanding of roots of the violence and vulnerability faced by women and children affected by trafficking and thereby HIV/AIDSRecognise and build upon the strengths and survival strategies of affected women towards challenging and transforming discriminatory social and legal policies and evolving a notion of rights rooted in their realities.

Objectives (cont.)

Evaluate and assess the policy frameworks that are being evolved to address the issues at national, regional and international levels

Strengthen regional and national networking among individuals and groups on this issue in order to work for more effective action and advocacy at various levels

Issues discussed at the Court:

Redefining issues: The different faces of trafficking.

Migration and Movement: Globalisation and Human Insecurity

Borders and Boundaries: Wars and Inhuman Security.

Victimising the Victim: Human Rights Abuse

Recrafting Destinies: Voices of Resistance

Issues discussed at Roundtables:

Beyond the Borders: Globalisation, Militarisation and Human Vulnerabilities

Human Rights and Inhuman Wrongs: Legal Regulation of Trafficking and Transborder Issues

Refocusing Issues: Media Representation of Trafficking and HIV/AIDS

Integrating, Trafficking: Human Rights and HIV/AIDS: Some Debates and Dilemmas

The Roundtables discussed issues around the following themes:

Launching of You and AIDS Magazine by the honourable

Minister of Women and Children’s Affairs and UNDP RR

Jury Members of the South Asia Court of Women

Jury Members at the roundtable

Jury Members

Winnie Mandela (South Africa)

Gopal Sivakoti Chinten (Nepal)

Gayatri Spivak (United States)

Feryal Ali Gauhar (Pakistan)

Pam Rajput (India)

Salma Sobhan (Bangladesh)

Testimonies

Testimonies were heard from survivors of trafficking and HIV positive persons from Bangladesh, India, Nepal, Pakistan and Sri Lanka,

Jury Statement

There is a need for sustained attention to the quality of grassroots education for the long term eradication of patriarchal values, one of the causes of trafficking and other forms of violence against women.

Trafficked women, who are victims, should not be criminalised under any circumstances and/or at any stage. They should rather be rehabilitated humanely, following their own suggestions. The states of the region should undertake full reparations without yoking the victim and the perpetrator.

Jury Statement (Cont.)

There should be proper formulation, enactment and implementation of laws against the perpetrators. The jury opposes the death penalty unequivocally.

The states of the region should neither undertake mandatory testing nor criminalise people living with HIV/AIDS. It should make anti-retro-viral drugs freely available at the grass-roots.

The violence of trafficking and HIV/AIDS is linked to the violence of poverty. This should be recognised under the human rights paradigm.

Jury Statement (cont.)

Trafficking and the spread of HIV/AIDS are closely linked to the privatisation of state services and the dismantling of communities imposed by globalisation.Migration and trafficking should not be conflated in the interest of international immigration control. On no account does the Jury wish to curtail a woman’s right to mobility.The control of trafficking and HIV/AIDS should not be instrumentalised internationally for undermining the sovereignty of states. Such action is against international law and democratic principles.

Jury Statement (cont.)The domestic laws of USA have no international legitimacy. The Trafficking Victims Protection Act, 1999 should not therefore be applied internationally to undermine the authority of individual states as well as of the United Nations.

The South Asian Association for Regional Cooperation (SAARC) Conventions should include transboundary jurisdiction for the trail and sentencing of perpetrators of trafficking. The definition of trafficking should not be confined to prostitution alone.

Jury Statement (cont.)

Courts of Women and other similar exercises should be replicated nationally and locally for the establishment of accountability and for the reform of the existing system of justice.

The Jury urges the ratification of the International Criminal Court (ICC) and recommends the establishment of a South Asia Regional Court of Human Rights.