The Quiet Scandal of 10 Million Deaths

Posted On April 17, 2008

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UNITED NATIONS, Oct 2 (IPS) – A global coalition of governments and
organisations has launched a new campaign to drastically improve pre- and
post-natal healthcare in places like India, which alone accounts for a
staggering 25 percent of the world’s child deaths and 20 percent of maternal deaths.

Called “Deliver Now” — a reference to the pledge made by 189 world leaders
meeting at the United Nations seven years ago to reduce child deaths by
two-thirds and maternal deaths by three-quarters by 2015, among other goals –
it brings together local government agencies, civil society, media and others to
allocate existing health resources more effectively.

Halfway toward the deadline to achieve the so-called Millennium Development
Goals, more than 10 million mothers and children still die every year, mostly
from preventable causes. Four million newborns die in their first four weeks of
their life, three million in the first week.

“The cause of women’s and children’s health has remained in the shadows for too
long and been neglected on the political agenda,” said Dr. Francisco Songane,
director of the partnership.

According to the World Health Organisation (WHO), 42 percent of pregnant women
around the world experience a complication, of which 15 percent are
life-threatening. These problems mostly occur in developing countries: 95
percent of all maternal and newborn deaths worldwide occur in 75 countries in
Africa, Asia and Latin America.

According to recent research, at least 7 million of these deaths could be
prevented by expanding access to health systems.

These relatively simple measures include regular vaccinations, breastfeeding,
access to antibiotics and the help of a skilled birth attendant.

The first specific country programmes will start in 2008 in India and Tanzania,
which currently faces a critical shortage of qualified health workers to assist
during childbirth. Some 54 percent of women receive no skilled attendance; as a
result, a woman dies of pregnancy-related complications there every hour of
every day.

Besides Norway, France, Canada, Germany and Britain are also supporting the
campaign. More donor countries will become engaged.

Experts say that at least 9 billion dollars a year is needed to meet the basic
health care needs of women and children. As of 2004, only 2 billion dollars –
less than a quarter of what is needed — was available to support such services
in developing countries.

Good health also requires a sound environment and commitment to upholding
women’s fundamental rights.

DRAFT OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS Prepared by the Chairperson-Rapporteur 4 April 2008

Posted On April 17, 2008

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Annex <!– @page { size: 8.5in 11in; margin: 0.79in } H2 { margin-top: 0in; margin-bottom: 0in; text-align: center } H2.western { font-family: “Times New Roman”, serif; font-size: 12pt } H2.cjk { font-family: “Lucida Sans Unicode”; font-size: 12pt } H2.ctl { font-family: “Tahoma”; font-size: 12pt; font-weight: medium } P { margin-bottom: 0.08in } –>

Prepared by the Chairperson-Rapporteur

4 April 2008

The States Parties to the present Protocol,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of members of the human family is the foundation of freedom, justice and peace in the world,

Also noting that the Universal Declaration of Human Rights proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,

Recalling that the Universal Declaration of Human Rights, and the International Covenants on Human Rights recognize that the ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy civil, cultural, economic, political and social rights,

Reaffirming the universality, indivisibility, interdependence and interrelatedness of all human rights and fundamental freedoms,

Considering that in order further to achieve the purposes of the International Covenant on Economic, Social and Cultural Rights (hereinafter referred to as the Covenant) and the implementation of its provisions it would be appropriate to enable the Committee on Economic, Social and Cultural Rights (hereinafter referred to as the Committee) to carry out the functions provided for in the present protocol,

Recalling that each State Party to the Covenant undertakes to take steps, individually and through international assistance and cooperation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the Covenant by all appropriate means, including particularly the adoption of legislative measures,

Have agreed as follows:

Article 1

Competence of the Committee to receive and consider communications

1. A State Party to the Covenant that becomes a Party to the present Protocol recognizes the competence of the Committee to receive and consider communications as provided for by the provisions of the present Protocol.

2. No communication shall be received by the Committee if it concerns a State Party to the Covenant which is not a Party to the present Protocol.

Article 2

Communications

1. Communications may be submitted by or on behalf of individuals or groups of individuals, under the jurisdiction of a State Party, claiming to be victim of a violation of any of the rights set forth in Parts II and III of the Covenant by that State Party. Where a communications is submitted on behalf of individuals or groups of individuals, this shall be with their consent unless the author can justify acting on their behalf without such consent.

Article 3

Admissibility

1. The Committee shall not consider a communication unless it has ascertained that all available domestic remedies have been exhausted. This shall not be the rule where the application of such remedies is unreasonably prolonged.

2. The Committee shall declare a communication inadmissible when:

(a) It is not submitted within one year after the exhaustion of domestic remedies, except in cases where the author can demonstrate that it had not been possible to submit the communication within that time limit;

(b) The facts that are the subject of the communication occurred prior to the entry into force of the present Protocol for the State Party concerned unless those facts continued after that date;

(c) The same matter has already been examined by the Committee or has been or is being examined under another procedure of international investigation or settlement;

(d) It is incompatible with the provisions of the Covenant;

(e) It is manifestly ill-founded, not sufficiently substantiated or exclusively based on reports disseminated by mass media;

(f) It is an abuse of the right to submit a communication; or when

(g) It is anonymous or not in writing.

Article 4

Communications not revealing a clear disadvantage

The Committee may, if necessary, decline to consider a communication where it does not reveal that the author has suffered a clear disadvantage, unless the Committee considers that the communication raises a serious issue of general importance.

Article 5

Interim measures

1. At any time after the receipt of a communication and before a determination on the merits has been reached, the Committee may transmit to the State Party concerned for its urgent consideration a request that the State Party take such interim measures as may be necessary in exceptional circumstances to avoid possible irreparable damage to the victim or victims of the alleged violations.

2. Where the Committee exercises its discretion under paragraph 1 of the present article, this does not imply a determination on admissibility or on the merits of the communication.

Article 6

Transmission of the communication

1. Unless the Committee considers a communication inadmissible without reference to the State Party concerned, the Committee shall bring any communication submitted to it under the present Protocol confidentially to the attention of the State Party concerned.

2. Within six months, the receiving State Party shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been provided by that State Party.

Article 7

Friendly settlement

1. The Committee shall make available its good offices to the parties concerned with a view to reaching a friendly settlement of the matter on the basis of the respect for the obligations set forth in the Covenant.

2. An agreement on a friendly settlement closes consideration of the communication under the present Protocol.

Article 8

Examination of communications

1. The Committee shall examine communications received under article 2 of the present Protocol in the light of all documentation submitted to it, provided that this information is transmitted to the Parties concerned.

2. The Committee shall hold closed meetings when examining communications under the present Protocol.

3. When examining a communication under the present protocol, the Committee may consult, as appropriate, relevant documentation emanating from other United Nations bodies, specialized agencies, funds, programmes and mechanisms, and other international organizations, including from regional human rights systems, and any observations or comments by the State party concerned.

4. When examining communications under the present Protocol, the Committee shall consider the reasonableness of the steps taken by the State Party in accordance with Part II of the Covenant. In doing so, the Committee shall bear in mind that the State Party may adopt a range of possible policy measures for the implementation of the rights set forth in the Covenant.

Article 9

Follow-up to the views of the Committee

1. After examining a communication, the Committee shall transmit its views on the communication, together with its recommendations, if any, to the parties concerned.

2. The State Party shall give due consideration to the views of the Committee, together with its recommendations, if any, and shall submit to the Committee, within six months, a written response, including information on any action taken in the light of the views and recommendations of the Committee.

3. The Committee may invite the State Party to submit further information about any measures the State Party has taken in response to its views or recommendations, if any, including as deemed appropriate by the Committee, in the State Party’s subsequent reports under articles 16 and 17 of the Covenant.

Article 10

Inter-State communications

1. A State Party to the present Protocol may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the Covenant. Communications under this article may be received and considered only if submitted by a State Party that has made a declaration recognizing in regard to itself the competence of the Committee. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration. Communications received under this article shall be dealt with in accordance with the following procedure:

(a) If a State Party to the present Protocol considers that another State Party is not fulfilling its obligations under the Covenant, it may, by written communication, bring the matter to the attention of that State Party. The State Party may also inform the Committee of the matter. Within three months after the receipt of the communication the receiving State shall afford the State that sent the communication an explanation, or any other statement in writing clarifying the matter which should include, to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending or available in the matter;

(b) If the matter is not settled to the satisfaction of both States Parties concerned within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter to the Committee, by notice given to the Committee and to the other State;

(c) The Committee shall deal with a matter referred to it only after it has ascertained that all available domestic remedies have been invoked and exhausted in the matter. This shall not be the rule where the application of the remedies is unreasonably prolonged;

(d) Subject to the provisions of subparagraph (c) of the present paragraph, the Committee shall make available its good offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of the respect for the obligations set forth in the Covenant;

(e) The Committee shall hold closed meetings when examining communications under the present article;

(f) In any matter referred to it in accordance with subparagraph (b) of the present paragraph, the Committee may call upon the States Parties concerned, referred to in subparagraph (b), to supply any relevant information;

(g) The States Parties concerned, referred to in subparagraph (b) of the present paragraph, shall have the right to be represented when the matter is being considered by the Committee and to make submissions orally and/or in writing;

(h) The Committee shall, with all due expediency after the date of receipt of notice under subparagraph (b) of the present paragraph, submit a report, as follows:

  1. If a solution within the terms of subparagraph (d) of the present paragraph is reached, the Committee shall confine its report to a brief statement of the facts and of the solution reached;

  2. If a solution within the terms of subparagraph (d) is not reached, the Committee shall, in its report, set forth the relevant facts concerning the issue between the States Parties concerned. The written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report. The Committee may also communicate only to the States Parties concerned any views that it may consider relevant to the issue between them.

In every matter, the report shall be communicated to the States Parties concerned.

2. A declaration under paragraph 1 of the present article shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary General. Such a withdrawal shall not prejudice the consideration of any matter that is the subject of a communication already transmitted under the present article; no further communication by any State Party shall be received under the present article after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party concerned has made a new declaration.

Article 11

Inquiry procedure

1. A State Party to the present Protocol may at any time declare that it recognizes the competence of the Committee provided for under this article.

2. If the Committee receives reliable information indicating grave or systematic violations by a State Party of the rights set forth in the Covenant, the Committee shall invite that State Party to cooperate in the examination of the information and to this end to submit observations with regard to the information concerned.

3. Taking into account any observations that may have been submitted by the State Party concerned as well as any other reliable information available to it, the Committee may designate one or more of its members to conduct an inquiry and to report urgently to the Committee. Where warranted and with the consent of the State Party, the inquiry may include a visit to its territory.

4. Such an inquiry shall be conducted confidentially and the cooperation of the State Party shall be sought at all stages of the proceedings.

5. After examining the findings of such an inquiry, the Committee shall transmit these findings to the State Party concerned together with any comments and recommendations.

6. The State Party concerned shall, within six months of receiving the findings, comments and recommendations transmitted by the Committee, submit its observations to the Committee.

7. After such proceedings have been completed with regard to an inquiry made in accordance with paragraph 2, the Committee may, after consultations with the State Party concerned, decide to include a summary account of the results of the proceedings in its annual report provided for in article 15.

8. Any State Party having made a declaration in accordance with paragraph 1 of the present article may, at any time, withdraw this declaration by notification to the Secretary-General.

Article 12

Follow-up to the inquiry procedure

1. The Committee may invite the State Party concerned to include in its report under articles 16 and 17 of the Covenant details of any measures taken in response to an inquiry conducted under article 10 of the present Protocol.

2. The Committee may, if necessary, after the end of the period of six months referred to in article 10, paragraph 6, invite the State Party concerned to inform it of the measures taken in response to such an inquiry.

Article 13

Protection measures

A State Party shall take all appropriate measures to ensure that individuals under its jurisdiction are not subjected to any form of ill-treatment or intimidation as a consequence of communicating with the Committee pursuant to the present Protocol.

Article 14

International assistance and cooperation

  1. The Committee shall transmit, as it may consider appropriate, and with the consent of the State Party concerned, to United Nations specialized agencies, funds and programmes and other competent bodies, its views or recommendations concerning communications and inquiries that indicate a need for technical advice or assistance, along with the State Party’s observations and suggestions, if any, on these views or recommendations.

  2. The Committee may also bring to the attention of such bodies, with the consent of the State Party concerned, any matter arising out of communications considered under the present Protocol which may assist them in deciding, each within its field of competence, on the advisability of international measures likely to contribute to assisting States Parties in achieving progress in implementation of the rights recognized in the Covenant.

  3. A trust fund shall be established in accordance with the relevant procedures of the General Assembly, to be administered in accordance with the financial regulation regulations and rules of the United Nations, with a view to provide expert and technical assistance to States Parties, with the consent of the State Party concerned, for the enhanced implementation of the rights contained in the Covenant, thus contributing to building national capacities in the area of economic, social and cultural rights in the context of the present Protocol.

4. The provisions of this article are without prejudice to the obligations of each State Party to fulfil its obligations under the Covenant.

Article 15

Annual report

The Committee shall include in its annual report a summary of its activities under the present Protocol.

Article 16

Dissemination and information

Each State Party undertakes to make widely known and to disseminate the Covenant and the present Protocol and to facilitate access to information about the views and recommendations of the Committee, in particular, on matters involving that State Party, and to do so in accessible formats, for persons with disabilities.

Article 17

Signature, ratification and accession

1. The present Protocol is open for signature by any State that has signed, ratified or acceded to the Covenant.

2. The present Protocol is subject to ratification by any State that has ratified or acceded to the Covenant. Instruments of ratification shall be deposited with the Secretary General of the United Nations.

3. The present Protocol shall be open to accession by any State that has ratified or acceded to the Covenant.

4. Accession shall be effected by the deposit of an instrument of accession with the Secretary General of the United Nations.

Article 18

Entry into force

1. The present Protocol shall enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the tenth instrument of ratification or accession.

2. For each State ratifying or acceding to the present Protocol, after the deposit of the tenth instrument of ratification or accession, the Protocol shall enter into force three months after the date of the deposit of its instrument of ratification or accession.

Article 19

Amendments

1. Any State Party may propose an amendment to the present Protocol and submit it to the Secretary-General of the United Nations. The Secretary-General shall communicate any proposed amendments to States Parties, with a request to be notified whether they favour a meeting of States Parties for the purpose of considering and deciding upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a meeting, the Secretary-General shall convene the meeting under the auspices of the United Nations. Any amendment adopted by a majority of two thirds of the States Parties present and voting shall be submitted by the Secretary-General to the General Assembly for approval and thereafter to all States Parties for acceptance.

2. An amendment adopted and approved in accordance with paragraph 1 of this article shall enter into force on the thirtieth day after the number of instruments of acceptance deposited reaches two thirds of the number of States Parties at the date of adoption of the amendment. Thereafter, the amendment shall enter into force for any State Party on the thirtieth day following the deposit of its own instrument of acceptance. An amendment shall be binding only on those States Parties which have accepted it.

Article 20

Denunciation

1. Any State Party may denounce the present Protocol at any time by written notification addressed to the Secretary-General of the United Nations. Denunciation shall take effect six months after the date of receipt of the notification by the Secretary-General.

2. Denunciation shall be without prejudice to the continued application of the provisions of the present Protocol to any communication submitted under articles 2 and 9 or to any procedure initiated under article 10 before the effective date of denunciation.

Article 21

Notification by the Secretary-General

The Secretary-General of the United Nations shall notify all States referred to in article 26, paragraph 1, of the Covenant of the following particulars:

(a) Signatures, ratifications and accessions under the present Protocol;

(b) The date of entry into force of the present Protocol and of any amendment under article 22;

(c) Any denunciation under article 24.

Article 22

Official languages

1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of the present Protocol to all States referred to in article 26 of the Covenant.

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STATEMENT FROM INTERNATIONAL SEX WORKER HARM REDUCTION CAUCUS

Posted On April 17, 2008

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The International Sex Worker Harm Reduction Caucus is a working group of sex workers and sex worker rights advocates who are committed to increasing the participation of sex workers and their organizations in discussions of harm reduction at the international level. We are pleased to present the following key messages about sex workers rights and harm reduction issues to delegates and participants in Barcelona:

* Human rights for sex workers:  Recognizing and ensuring the protection of  sex workers’ human rights is essential to promoting health and safety. Ensuring that sex workers have full enjoyment of their human rights is the best way to reduce or eliminate the discrimination and abuse to which sex
workers are often subjected and to improve access to health and social services.

* Sex workers are part of the solution: Sex worker leadership and empowerment are essential in fighting HIV and discrimination. Sex workers are their own best resource-they should be at the forefront of developing and implementing the programs and policies that impact their lives. It is
only by empowering sex workers to speak for themselves and developing sex worker leadership that stigma and rights violations will be stopped.

* Support self-representation of sex work experiences and culture: A rich tradition of cultural representation (books, films, online presentations, festivals, dance) exists in sex worker communities and organizations all over the world. This year in Barcelona we inaugurate our first sex work and
harm reduction film festival to celebrate sex worker self-representation on this topic. Cultural expression makes the aims of our rights based movement more accessible to people who may not be familiar with the realities of sex workers’ experience and is an essential part of our struggle for rights and change.

* Sex work is work, not “harm”: Sex work (itself) is not inherently harmful. The reasons people  engage in sex work vary widely, as do the reasons people chose a variety of other jobs. Many sex worker health and rights organizations use a harm reduction framework when they address the needs
of sex workers. Other sex worker organizations have a less comfortable relationship with harm reduction because “harm” is sometimes erroneously defined as sex work or sex workers themselves). We are resolute that any harm associated with sex work results from repressive environments in
which sex work is not recognized as work, and because sex workers lack basic human rights and access to appropriate health services.

* Labour rights for sex workers: Sex work should be recognized as work in order to ensure safe and appropriate working conditions. The lack of labour rights leaves sex workers vulnerable to abuse and poor working conditions.  Sex work should not be “over-regulated” or subject to special restrictions  because of discriminatory fears about sex work and sex workers. Sex work should be treated like other forms of labour.

In addition, following consultation during Harm Reduction 2008: IHRA’s 19th International Conference we would like to affirm that sex workers are key players in promoting human rights and harm reduction, and are pleased to do so in conjunction with allies who share our philosophies and commitment to justice.

“Nothing about us, without us.”

Cambodia Suspends Foreign Marriages

Posted On April 17, 2008

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Date: Monday, April 14, 2008 Source: Voice of America News Phnom Penh — Cambodia has temporarily banned marriages between foreigners and Cambodians because of concerns over the rising number of brokered unions involving poor, uneducated women. The move follows the publication of a report highlighting the abuse of many Cambodian brides who went to South Korea following hastily arranged marriages. Rory Byrne reports from Phnom Penh. The ban will at least briefly halt the increasing number of marriages of poor Cambodian women to foreign men, mostly from Taiwan and South Korea. Most such marriages are hastily arranged by brokers who charge clients up to $20,000 for each bride. Of this, only $500 to $1,000 typically goes to the Cambodian woman’s family – the brokers pocket the rest. A recent report by the International Organization for Migration says more than 1700 South Korean marriage visas were issued to Cambodian women in 2007, up from just 72 in 2004. The IOM says the grooms were mostly factory workers and farmers who had trouble finding wives in South Korea because of their low job status. While the report found no evidence of systematic abuse of Cambodian women who married South Koreans, it says that many do suffer violence. Srey Roth is the director of the Cambodia Women’s Crisis Center. “Some they cannot stay with the husband because the husband (is) so violent,” Roth said. “And then the husband forces them to earn money for support their family. And they cannot get the nationality (citizenship), so it means that they stay under the husband or mother-in-law’s control.” Experts say that many marriage brokers from Taiwan and South Korea have moved to Cambodia since Vietnam banned them two years ago. Now the Cambodian government appears to be cracking down. Three South Korean marriage agencies have been closed recently, accused of using arranged marriages as a front for people trafficking. The blanket ban on foreigners marrying Cambodians is seen as the next step in the process, designed to give the authorities here more time to properly investigate brokered marriages. Srey Roth opposes a blanket ban on mixed-marriages, but says that the government should run background checks on all foreigners who wish to marry Cambodian women. “I want our government (to) have one department to investigate the guy before agree(ing) the foreigner (can) marry to our Cambodian (women),” Roth said. “They should know about the background and living situation and then tell our girl and then our girl can make the decision if they want to marry or not.” Although the IOM report focuses on marriages between Cambodians and South Koreans, it emphasizes that the potential for problems exists globally. It says all brokered unions needed to be better regulated. Cambodian officials say the ban on foreigners marrying Cambodians will be lifted after the government develops a legal framework to address these marriages.

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That’s right! The government should take action for long time. There are many women have suffer this problem. In a case of a girl who married to a Taiwanese man and was treated as a servant and was forced to serve sex to her husband, her husband’s father and other men in the family. Is this the only one case? No! more and more and similar cases to women marry to Taiwan and South Korea.

If you come to Cambodia and if any families have their daughter marry to any foreigner, Cambodian will consider that family is a lucky family and they will have a great reputation in their community. Why? because moving to those places or to the West are their dream places to be and they are rich countries. People think it’s good good but they never think it is a disaster. Today this news has spread to some local villages. Some people believe it is happened but some don’t.