FEMICIDE

Volume X

Contemporary Forms of
Enslavement of Women & Girls
ISBN: 978-3-200-03012-1

Published by the Academic Council on the United Nations System (ACUNS) Vienna Liaison Office

Email: [email protected]

Web: www.acuns.org / www.acunsvienna.org / www.femicide-watch.org

© October 2018 Academic Council on the United Nations System (ACUNS) Vienna Liaison Office

Tenth Edition

Copyright: All rights reserved. The contents of this publication may be freely used and copied for educational and
other non-commercial purposes, provided that a reproduction is accompanied by an acknowledgement of the
authors of the articles.

Editorial Team: Helena Gabriel, Helen Hemblade, Mila Kirilova, Saide Mobayed, Kathryn Platzer, Michael Platzer and
Ourania Roditi

Design and Layout: Helen Hemblade

Cover Image: Edwina Sandys, Behold, 1997

This publication was made possible by the generous financial contribution of the Karen E. Burke Foundation and the
Organisation of the Families of Asia and the Pacific (OFAP).

The Academic Council on the United Nations System (ACUNS) is a non-governmental organisation that stimulates,
supports and disseminates research on the United Nations, other international organisations and issues of global
governance. ACUNS also promotes dialogue, regional cooperation and cultural exchange between academics,
practitioners, civil society and students. The ACUNS Vienna Liaison Office has been active since 2007 and focuses
primarily on human rights, equal opportunities for youth, death penalty, juvenile justice, violence against women and
other issues of concern to the Vienna based UN agencies.

This publication was made possible by contributions from individuals, non-governmental organisations, and
government agencies who have researched femicide, gathered data on gender motivated killings, and set up units to
investigate and prosecute these murders. We are especially grateful for the close cooperation with the UN Office on
Drugs and Crime, the NGO Committee on the Status of Women and the Soroptimists. We express our appreciation
to the ACUNS volunteers who have remained with the anti-femicide campaign and dedicated their time to the cause.

The materials in this publication are for general information purposes only, provided on an “as is“ basis without
warranties of any kind, including fitness for any particular purpose. The ACUNS specifically does not make any
warranties with respect to the accuracy or completeness of the information in this publication. The views, findings,
interpretations and conclusions, expressed herein are those of the author(s) and do not necessarily represent the
position of ACUNS, or the ACUNS Vienna Liaison Office. To the extent permitted by law, the ACUNS Vienna Liaison
Office does not accept any liability for any loss, damage, liability or expense incurred or suffered, which may arise as
a result of, or in connection with, the use of information contained in this publication.

The ACUNS Vienna Team would like to express its gratitude to all the sponsors of the ACUNS symposium on “Ending
Impunity for gender-related Killing of Women and Girls – State Responsibility and accountability” in particular to
the Organisation of the Families of Asia and the Pacific, the African Women’s Organization, Harambee, the IWRAW
Asia Pacific, the Dominicans for Justice and Peace and the Permanent Missions of Austria, Chile, El Salvador, Finland,
France, Italy, Uruguay, El Salvador, Slovakia, Slovenia and Spain.
 FEMICIDE
Contemporary Forms of Enslavement
of Women and Girls

Volume X
PREFACE

Contemporary slavery exists in all continents and takes many forms. The image that I provided as a cover is
entitled BEHOLD and means to draw attention to this horrible reality. It could also be interpreted as STOP,
with the two hands raised. Modern-day slavery shames us all and must be halted.

Edwina Sandys
Artist

1
FOREWORD
We are honoured to present the tenth volume of FEMICIDE on Contemporary Forms of Enslavement of
Women and Girls.

Since 2013 the ACUNS Vienna Liaison Office has worked hard to provide a platform for those who dedicate
their resources to fighting gender-related violence against women and girls, including the killing of women
(femicide), its most severe manifestation. Hence, over the years FEMICIDE has become an important
resource book for international institutions, scholars and practitioners. Connecting the right people has
always been at the top of our agenda. We are convinced that it is only by working together that we can end
gender-related violence worldwide.

FEMICIDE X reflects this important principle. International organisations, NGOs and independent researchers
have come together to help produce this awareness-raising publication on contemporary forms of slavery,
which touches upon many important and, sadly, overlooked issues.

In the first part of this Volume important statements give an overview of past actions to eliminate violence
against women and what needs to be done in the future. There then follows a collection of reports and
articles on modern-day enslavement of women and girls, a practice that is still commonplace in too many
parts of this world.

Further, we provide a review of the ACUNS symposium on “Ending Impunity for Gender-related Killing of
Women and Girls – State Responsibility and Accountability”, which took place in May 2018. There is then a
short preview of our next volume on cyber bullying as a form of violence against women. The last section of
FEMICIDE X is dedicated to the efforts and achievements of the civil society to combat femicide.

FEMICIDE X is meant to be a wake-up call and provides a glimmer of hope at the same time. Countless
women and girls suffer slavery and other horrible situations every day. However, the hard work being
undertaken on so many sides to combat violence against women has not been in vain. Much has changed
as a result of this work; many have been saved, and many more will be saved in the future.

Helena Gabriel
Editor, FEMICIDE X

2
TABLE OF CONTENTS
Preface by Edwina Sandys 1
Foreword by Helena Gabriel 2

PART I: Important Statements 5

Statement by UN Women National Committee Austria 6
Statement by Dubravka Simonovic 8
Statement by Phumzile Mlambo-Ngcuka 10
Joint Statement 11
Statement by Phumzile Mlambo-Ngcuka 13

PART II: Contemporary Forms of Enslavement of Women and Girls 15

Contemporary Enslavement and Women 16

Forced Marriage: The Modern-day Slavery of Women and Girls 20
Temporary “pleasure marriages” on the rise in Iran Iraq and Afghanistan 27
Is it time to open a conversation about a new UN treaty to fight human trafficking
that focuses on victim protection? 29
Recognizing the Rights of Domestic Workers 34
Child Marriage in Humanitarian Setting 35
A Step-By-Step Pathway: Rescuing Women from Modern Slavery 43
Excerpts of a Report on a State Mission 46
“I lost my Dignity”: Sexual and Gender-based Violence in the Syrian Arab Republic 49
Global Estimates of Modern Slavery, Forced Labour and Forced Marriage 52
Excerpts of a Joint Report 56
Behind Closed Doors: Child and Early Marriage as Slavery 62

PART III: Further Reading 71

Ending Impunity for Gender-related Killing of Women and Girls: State Responsibility
and Accountability 74
Transcript of the ACUNS Special Side Event 96
Preview on FEMICIDE XI 79
España: La puerta de entrada de la trata de personas con fines de explotación
sexual en Europa 81
Suicidal Femicide Conditioning 85
Campaigns Against Femicide 88
#noestamostodas 90
Further Reading 93

3
© “…” Illustrated by Tini

No Estamos Todas is an illustration project to visualize victims of feminicides and transfemicides in Mexico. A collection
of their meaningful work complements this tenth volume of FEMICIDE. Further information can be found on www.
noestamostodas.com.

4
Important Statements

“As a world we signed up to the goal of gender equality and the elimination of all forms of violence against all women and
girls.”

- Phumzile Mlambo-Ngcuka, 2016 -

PART I
Important Statements
“As a world we signed up to the goal of gender equality and the
elimination of all forms of violence against all women and girls.”

- Phumzile Mlambo-Ngcuka, Executive Director of UN Women, 2016 -

5
STATEMENT BY UN WOMEN NATIONAL COMMITTEE AUSTRIA
Marcela Muñiz Pivaral
20 September 2018

Violence against women is a global problem and the as women. Under such an environment, men tend to
world’s most pervasive human rights violation. use physical violence in order to retain or confirm the
control over their subordinates. Based on this, it does
About one in three women is in danger of being a not astonish that a large proportion of femicides are
victim of physical and/or sexual violence throughout committed by current or former partners.
her life. While omnipresent, it is not possible to
describe violence against women as a fixed and clear- One possible way to break this structural power disparity
cut phenomenon, as it varies depending on the place, is to economically empower women. This can result
culture, and history. In concrete terms, it means that in a preventive measure against violence. Economic
universal explanations for the causes of violence empowerment also has the potential to help women
against women cannot be established, but it is rather who are already in a violent relationship, to break out
necessary to analyze the specific context in which the of it. By controlling their financial income they become
violence occurs. In addition to the complex nature of independent, which can lead to empowerment in other
violence against women, we have to face the diversity areas of women’s lives. Taking this into consideration,
of types of violence, amongst others, rape, forced UN Women has taken action to empower women all
prostitution, genital mutilation, or enslavement. over the world. An example is the Trust Fund To End
Among these manifestations of violence, femicide Violence Against Women, established in 1996. Since
represents the most extreme form, as it culminates in then, the Fund has supported around 462 initiatives in
the murder of women directly associated with their 139 countries, to enable girls and women worldwide
gender. Inequality of power between the sexes plays to have access to economic, political or agricultural
a key role in femicide. Moreover, this inequality is education.
accompanied by a strong misogyny.
Breaking the silence
The UN Women National Committee Austria (UN
Women Natonalkomitee Österreich) has set itself the Despite the fact that femicide is the ultimate form
task of supporting the goals of the 2030 Agenda for of gender-based violence and it takes place in every
Sustainable Development related to women and girls country of the world, the understanding of femicide is
worldwide. Eradicating and preventing violence against limited. Many cases of femicide stay unrecognized and
women is an essential factor in the achievement of data on femicide are far from reliable. Not to mention
peaceful and sustainable societies. The Committee the tolerance and banalisation of femicide. Last can
is linked to the Headquarters of UN Women in New be illustrated at its best when we read for example in
York, and supports the organization through numerous the newspapers about a “family tragedy with deadly
projects and campaigns to promote gender equality, consequences“ when instead this act should be named
the empowerment of women and the awareness as “femicide“. This alone proves that femicide is not
of violence against women worldwide, as well as at a problem that happensto “other“ women in faraway
national level. countries but is omnipresent, even in Austria. In order
to raise awareness about violence against women,
Empowerment of Women UN Women launched in 2015 the “Orange the World
Campaign“. Every year, between the 25th of November
Current knowledge tells us that women risk being – the International Day for the Elimination of Violence
murdered because of their gender in places where against Women – and the 10th of December – the
structural power disparity is at its highest. This structural International Human Rights Day – many buildings
power disparity, also known as structural violence, throughout the world are illuminated in orange, the
arises when in a society one group is treated as inferior colour to say “NO“ to violence against women. The
and therefore restraint to fulfill its full potential. UN Women National Committee Austria participates
Women can be victims of such structural violence 2018 for the second time in the “Orange the World
when society gives men a more privileged position Campaign.“ This year a larger number of buildings will

6
participate in the campaign, which shows a growth in
the awareness of the importance of fighting violence
against women.

The murdering of women just because they are women

is a global issue and therefore everyone’s concerns.
Only if we all, women and men, act with strength and
persistence, there will be a chance to systematically
reduce and even eliminate femicide as well as any kind
of gender-based violence.

Resources

http://www.orangetheworld.at

http://www2.unwomen.org/-/media/annual%20
report/attachments/sections/library/un-
women-annual-report-2017-2018-evaw-en.
pdf?la=en&vs=2850

http://apps.who.int/iris/bitstream/
handle/10665/77421/WHO_RHR_12.38_eng.
pdf?sequence=1

http://www.unwomen.org/en/trust-funds/un-trust-
fund-to-end-violence-against-women

Visit our platform

http://www.unwomen-nc.at

7
STATEMENT BY DUBRAVKA SIMONOVIC
United Nations Special Rapporteur on violence against women, its causes and consequences
27th Session of the Commission on Crime Prevention and Criminal Justice, 14-18 May 2018

Chairperson, Excellencies, Distinguished delegates, State parties to “Establish a system to regularly collect,
Ladies and gentlemen, analyze and publish statistical data on all forms of gender-
based violence against women”. The analysis of data
Let me begin by congratulating you on your should enable the identification of protection failures
election, Chairperson; and thanking the UNODC for and serve to improve and further develop preventive
facilitating my participation in the 27th session of the measures. This should, if and where necessary, include
Commission on Crime Prevention and Criminal Justice, the establishment or designation of gender-based
pursuant to Human Rights Council resolution 32/19 killing of women observatories with information
Since I took up my function as UN Special on gender related killings and attempted killings of
Rapporteur on violence against women, its causes women, also referred to as ‘femicide’ or ‘feminicide’.
and consequences in August 2015, I have had This is in line with General Assembly Resolution
the privilege to address this august body twice. A/70/176 on gender-related killings of women and
In light of the complementary role of my mandate girls elaborated by this Commission that encourages
and that of the CCPCJ in relation to violence against Member States to collect, disaggregate, analyse and
women and criminal justice, I firmly believe that close report data on gender-related killing of women. This is
cooperation of my mandate with the Commission on also in line with my mandate’s call for the establishment
areas of common interest can effectively contribute of “Femicide watch”, or a “gender-related killing of
to identify suitable measures to prevent, investigate women watch/observatories”.
and prosecute perpetrators of violence against women
and provide protection and remedies to women and In October 2016, I presented a thematic report to the
girls victims, in line with States’ obligations under General Assembly (A/71/398) where I recommended
international human rights law and especially the modalities for the establishment of femicide watch
CEDAW convention, the UN Declaration on elimination and/or observatories on gender related killing of
of violence against women and regional instruments women, to collect and analyze data on femicide.
the Belen do Para convention, the Maputo Protocol and I proposed that, in general terms, States should collect
the Istanbul Convention. The Doha declaration is also data on intentional homicide and out of that data
referring to gender mainstreaming in criminal justice pull out gender related killings of women or femicide
system with reference to the UN CEDAW Convention. data. This should be done under two broad categories
that could further include subcategories in line with
I would like to mention a new important instrument national realities, namely:
developed last year, by the CEDAW Committee - i) intimate partner femicide/ family related femicide; 

the General recommendation No. 35 on gender- ii)  other femicides. 

based violence against women, updating general
recommendation No. 19 in which my mandate actively Intimate partner and family related femicides as
participated. CEDAW General recommendation No. 35 categories should be based on the relationship
provides a roadmap to States and other stakeholders in between the victim and the perpetrator;
how to prevent and end violence against women and and for that reason the specific definition
girls. As it elaborates on the due diligence obligation of femicide is not needed for this purpose.
of States to prevent and protect women and girls from In the CCPCJ report for this session under the agenda
gender-based violence, General recommendation No. item 8 on trends in field of criminal justice system, E
35 is a particularly useful resource tool for updating /CN/15/2018/10, there are data on femicide which
laws including criminal laws and National action plans covers these two categories. Those data for 14 EU
on gender-based violence, as well as for civil society counties show that when the perpetrator is an intimate
promoting gender equality and fighting deeply rooted partner nearly 8 out of 10 victims are women (79%).
gender-based discrimination.
I would like to encourage all States to collect such
In particular, General recommendation No. 35 calls all homicide/ femicide data, disaggregated by those

8
categories and to establish femicide watches/ As I previously stated, adopting and implementing
observatories for the analysis of cases. I hope that such preventive measures is necessary to identify
with joint efforts we will soon have more comparable any shortcomings in legislation or practice and
homicide/ femicide data or femicide rates for all States consequent misidentification, concealment
with the aim to better understand trends, patterns and and underreporting of gender-related killings.
drives of such violence and to use data and its analysis I encourage every State to consider developing such
as a basis for preventive actions. tools to understand better this heinous crime and put
an end to this most extreme form of gender-based
There are some positive steps that I would like to violence against women. I would also like to encourage
flag out. Last year, I attended a femicide conference implementation of the GA resolution on gender related
in El Salvador at which the Follow-up Mechanism to killing of women and reporting to this Commission
the Belém do Pará Convention (MESECVI) presented each year under this agenda item. This implementation
femicide data in a number of Latin American countries. focus was yesterday mentioned by some delegations
During country visits conducted by my mandate, I have and based on experience of this mandate I would like to
seen positive steps in a number of States with regard to support this focus on the implementation of resolutions
the collection of data on femicides and establishments and other instruments relevant to this Commission.
of femicides observatories. For example in Argentina,
Georgia and Croatia, Ombudspersons have decided to Chairperson,
establish femicides watch, while in Australia homicide
review panels are also expanding into femicides review Since my last appearance before the Commission, I
panels. have presented two thematic reports to the Human
Rights Council and the General Assembly: on a human
Last month, I conducted an official country visit to right based approach to integrated services and
Canada where I was informed about some important protection measures on violence against women,
steps in some provinces for the establishment of with a focus on shelters and protection orders,
observatories on violence against women and femicides. and on the adequacy of the international legal
I would also like to salute the launching, earlier this framework on violence against women, respectively.
year, of the European Observatory on Femicide In a few days, I will address the Human Rights Council
at the University of Malta Valletta Campus, on the issue of information and communication
which will aim to monitor and supply data and technology facilitated violence against women, better
advance research in this field. It is the first such known as online or cyber violence against women,
observatory in Europe and is a very welcome step. which is a critical topic that is a new and emerging form
Lastly, I also participated in the International Judicial of ICT facilitated forms of gender-based discrimination
Colloquium on Women’s Access to Justice in the and violence against women and girls in the society. I will
Context of Sexual Violence, held at Bellagio on 7 gladly inform the Commission on my findings during next
and 8 December 2017, which adopted The Bellagio year’s session of the Commission, which will also allow
Declaration on States’ obligations and role of the bringing a gender perspective to its work on cybercrime.
judiciary in ensuring access to justice for gender-based I am also honoured to have contributed to the launching
violence, including sexual violence in an effective, of the new Guidelines for Combating Sexual Violence
competent manner and with a gender perspective. The and its Consequences in Africa, adopted by the African
participants recommended that mechanisms be put in Commission on Human and Peoples’ Rights in May 2017;
place for the collection of judicial data on the number I have also contributed to the adoption of the Inter-
of cases of sexual violence and on related homicide American Model Law On the Prevention, Punishment
cases or gender- related killing of women per year, and Eradication of Violence Against Women in
disaggregated by the age and sex of the perpetrators, Political Life, adopted by the Follow-up Mechanism
as well as the relationship between the perpetrator to the Belém do Pará Convention (MESECVI) last year.
and the victim, type of violence, geographical Without doubt, greater collaboration and synergies
location as well as other relevant factors. Information between my mandate and that of the Commission can
concerning the prosecution and punishment of achieve a lot with regard to the prevention of violence
perpetrators should also be collected and published. against women in line with SDG 5 target 2.

9
STATEMENT BY PHUMZILE MLAMBO-NGCUKA
Under Secretary General of the United Nations and Executive Director of UN Women
CSW62, 19 March 2018

Firstly, I want to congratulate and thank everybody for 850 marriages following the passing of the law, making
their excellent work and the progress that we have the law apply retrospectively. This is a model that we
begun to make in this area. We are not there yet but I are hoping to share with many other traditional leaders
have to say it is very encouraging to see the partnerships where the laws have been passed. In Sierra Leone, in
that are emerging. the Yoni Chiefdom, the women organized themselves
and reached out to us as they say no to both FGM and
UN Women has followed in the footsteps of UNICEF child marriage. We are glad to have an opportunity to
and UNFPA who have together been the pathfinders collaborate with them in this.
within the UN system for this work. Goal 5, which we
all fought for in order to ensure that it includes the end And of course, we have also looked for collaboration
of these harmful practices, has created the momentum with the media. The Guardian is one of the organizations
for us that was much needed. And because UN Women that we have collaborated with. Through them we
has a bigger responsibility for ensuring that everybody have been able to form a good relationship with Jaha
works on implementing what is reflected in Goal 5, we Dukureh, a young woman from The Gambia who you
have given significant attention to both FGM and ending will hear from. She is now UN Women’s Regional
child marriage. We are part of the Phase 2 that is led Goodwill Ambassador for Africa on ending child
by UNICEF and UNFPA. We have extended partnerships marriage and FGM.
to men and boys through our HeForShe campaign,
encouraging men and boys who are fighting for gender Jaha is a child of both UN Women and UNFPA; UNFPA
equality to also lead in this area in their own right. It invested a lot in nurturing Jaha to her current stature,
takes a man and a boy and a father and a brother to and we have been glad as UN Women also to have the
say: not my sister; not my child, not my cousin, so that opportunity to work with her. Even more interestingly,
this is not a fight that only the girls are waging. Jaha has been nominated for a Nobel Peace Prize. And
if that happens—UNICEF, UNFPA—for all of us, this I
The President of Malawi is one of our HeForShe hope will propel our work to even greater heights.
IMPACT Champions, who is leading from the front. We
have also been encouraged by the leadership of First These are the different dots that we are connecting at
Ladies, not the least the First Lady of Burkina Faso, who UN Women in this work. We hope that when we collate
has helped make it easy for us to have this conversation the data to track what difference we have made, we
with Heads of States. We have partnered with the will be able to see how these partnerships are creating
African Union and continue to look for new ways to the progress we want.
partner, including in the compilation of data. This is one
of our core responsibilities. We are also hoping that in I have to say, for me, ending child marriage and FGM
working with the African Union’s Goodwill Ambassador in Africa right now is our “MeToo” movement—just
on Ending Child Marriage in ten countries, we will be because of the number of people that are coming
able to expand and intensify our work. on board. AU is saying “MeToo”. The Member States
are saying “MeToo”. The girls themselves are saying
We are glad that this partnership also brings in the “Me Too”. The EU is saying “MeToo”. Friends of these
European Union, through the Spotlight Initiative, different countries that are donors and partners are also
which I am sure we will hear about from the EU saying “MeToo”. It is the biggest “MeToo” movement
representative, who is here today. Spotlight includes for Africa.
ending harmful practices in Africa as one of the areas
that the Initiative is focusing on, in particular, in Africa.
We have also been focusing as UN Women on norms
and stereotypes that are harmful to women and
girls; in that case working with traditional leaders. In
Malawi—one of the Chiefs has already annulled some

10
JOINT STATEMENT BY NATALIA KANEM, PHUMZILE MLAMBO-NGCUKA AND
ACHIM STEINER
Executive Director of the UNFPA, Executive Director of UN Women and Administrator of UNDP
A Joint Statement for Human Rights Day, 10 December 2017

Human beings are born free and equal, both in rights in crisis contexts, when vulnerabilities are at their
and in dignity. This is the fundamental principle peak and protections at their lowest point. Defending
enshrined in the 1948 Universal Declaration of Human women and girls’ rights means understanding and
Rights.  addressing these effects holistically. 

On 10 December nearly 70 years ago, the United Worldwide, 1 in 3 women have experienced physical
Nations adopted the Universal Declaration of Human or sexual violence—most often by an intimate partner.
Rights, the first international assertion of the “highest Nearly 750 million women and girls alive today were
aspiration of the common people”, including the married before their 18th birthday, and over 200
“promotion of universal respect for and observance of million have suffered female genital mutilation. More
human rights and fundamental freedoms”, and “… a than 70 per cent of all trafficking victims worldwide are
world in which human beings shall enjoy freedom of women and girls, and 3 out of 4 trafficked women and
speech and belief and freedom from fear and want”.  girls are sexually exploited. This must end. 

On this Human Rights Day, the last day in the global Today, we, the executive heads of UNDP, UNFPA
campaign of 16 Days of Activism Against Gender-Based and  UN Women together call for the elimination of
Violence, we  repeat  the deep connections between violence against women and girls, and the guarantee of
freedom from fear, freedom from want and ending all rights, including reproductive rights, for all women
gender-based violence, and we say: It is time to turn everywhere. 
the tide of violence against women and end it.  
We know what must be done. The Declaration asserted
The rising movement by both women and men to end the key principles of equality, non-discrimination,
impunity for sexual abuse and build understanding of participation and accountability to ensure women
its enduring consequences has shown us how with could enjoy their full human rights. That means working
awareness comes the determination for change. And to overturn the more than 155 laws that discriminate
with unity of purpose comes the strength to accomplish against women, and  enacting  new laws that ensure
it.  their equality and empowerment. It means focusing
on preventing violence by working with judges, police
The Declaration emphasizes inclusiveness of effort, and men, as well as women’s organizations and youth
including “every individual and every organ of groups, to dismantle stereotypes and discriminatory
society” in the work to secure the observance of attitudes. It means supporting services for survivors
rights. We acknowledge the value of ordinary citizens of violence, including safe spaces and psychological
doing extraordinary things—women and men— counselling in humanitarian and fragile contexts.
who risk standing up for the protection of rights Collectively, we are reaching millions of women and
and access to justice, as well as the civil society  and girls, men and boys with the message that sexual and
media  organizations who amplify these calls and do gender-based violence is never acceptable, and it is
so much to hold their governments to the highest destructive both to our societies and our individual
standards.  potential. 

All around the world, in every country, women and girls The UN is also working together on rights in new ways
still struggle to exercise their full human rights, even to that cross sectors and offer hope. In September, we
be seen as full human beings. Violence against women helped launch the  Spotlight Initiative, a collaborative
and girls is perhaps the most obvious manifestation effort with the European Union to eliminate all forms
of the deep imbalances in power in our societies, and of violence against women and girls by 2030, in keeping
the vulnerabilities and limitations that follow them, with the Sustainable Development Goals. It has a
especially for the most marginalized, and especially particular focus on domestic and family violence, sexual

11
and gender-based violence and harmful practices,
femicide, trafficking in human beings and labour
exploitation. Through this initiative, we will jointly work
with public and private sectors to strengthen laws and
ensure their implementation, to transform the social
norms that underpin and perpetuate these abuses, and
to support women’s empowerment. 

In calling for equal rights for all people, the Universal

Declaration of Human Rights laid the foundation
for a world based on equal rights and opportunities
for women, men, girls and boys. The 2030 Agenda
for Sustainable Development aims to complete that
journey in less than 13 years. Its critical concept of
leaving no one behind is ultimately a pledge to and
for rights holders, and a powerful obligation for duty-
bearers. It will take all of us working together to ensure
these rights are comprehensively implemented, so that
they can be enjoyed by all. 

12
STATEMENT BY PHUMZILE MLAMBO-NGCUKA
Under-Secretary-General of the United Nations and Executive Director of UN Women
21 October 2016

Killing women means society pays the ultimate price. must both end violence and prevent its recurrence. This
UN Women is profoundly concerned by the brutal takes appropriate laws and policies, safe cities, public
sexual violence and murder of women and girls that has transportation, better services and the engagement of
been recently highlighted by women in Argentina, and men and boys in building a new culture that ends all
which reverberates across Latin America and beyond. forms of discrimination against women and girls, and
This is a form of intimate terror that has become leads to the end of femicide.
normalized through its sheer scale and acceptance of
its inevitability in some places. Yet it is not normal, and Change has to happen at many levels, in both the cultural
it cannot continue. Beyond the appalling personal cost, and physical structures of our societies. We work closely
it reveals deep and damaging failures of society that with civil society and the feminist movement, which
ultimately have a high price in lost progress for each have been key actors in denouncing violence, driving
country. policy change and proposing solutions. To gather
more information and support the ending of impunity,
We join our voice with all those who say “Ni una menos” together with the Office of the United Nations High
and call for urgent action at all levels, from government Commissioner for Human Rights (OHCHR), we have
policy-makers to individual change-makers, to prevent developed a model protocol that reveals service gaps.
any more killing. Violence against women and girls We will use it initially for the investigation of femicide
must stop. in Latin America, where the number of countries with
high rates of femicide is growing. We are aligned with
First of all, the recent case of femicide of a teenager the UN Special Rapporteur on Violence against Women,
in Argentina and the killing of a nine-year old girl in its Causes and Consequences, who has called for the
Chile must not go unpunished. Globally, impunity establishment of a global femicide observatory with an
from punishment is a key element in perpetuating interdisciplinary panel of experts to collect and analyse
violence and discrimination against women. If men data on femicides.
can treat women as badly as they choose with little or
no consequence, it negates all efforts to build a world There is some encouraging progress: in Latin America,
that is safe for women and girls and in which they can 16 countries—almost half  of the countries in the
flourish. region—have adopted legislation to  ensure that
femicide is properly investigated and punished.
Globally, some 60,000 women and girls are killed every
year, often as an escalation of domestic violence. This needs to be a global trend. It is not one sector’s
National studies in South Africa and Brazil estimate responsibility, but a collective and concerted effort.
that a woman is killed by her intimate partner every six We call for recognition by governments of the scale
hours. Home is not a refuge and it is risky for women and implications of violence against women and girls,
to report their attackers. Travel outside also carries commitment to collect the data with which to quantify
dangers. Recent studies in Brazil indicate that 85 per it, the provision, not only of services for survivors and
cent of women are afraid to go out onto the streets. In victims, but a radical increase in strong judicial action
Port Moresby, Papua New Guinea, over 90 per cent of to sustain and achieve case closure and conviction,
women and girls have experienced some form of sexual and creative and constructive efforts to prevent and to
violence when accessing public transport. punish all violent crimes against women and girls.

As an international community we have strongly As a world last year we signed up to the goal of
articulated the essential place for a thriving population gender equality and the  elimination of all forms of
of women and girls, and the multiple ways in which this violence against all women and girls. To achieve this is
is best for us all. From the 2030 Agenda for Sustainable not only the end of a terrible violation of human rights,
Development adopted in September 2015 to the New it is the key to the building of a better, more equal
Urban Agenda  adopted this week, it is clear that we world—a 50-50 Planet.

13
© “Enriqueta, 45 years old” illustrated by Priscila Barbosa

No Estamos Todas is an illustration project to visualize victims of feminicides and transfemicides in Mexico. A col-
lection of their meaningful work complements this tenth volume of FEMICIDE. Further information can be found on
www.noestamostodas.com.

14
 PART II
Contemporary Forms of
Enslavement of Women and Girls
“Human trafficking and modern slavery is an evil crying out to
heaven, an open wound on the body of society.”

- Cardinal Vincent Nichols, Archbishop of Westminster, 2018 -

15
CONTEMPORARY ENSLAVEMENT AND WOMEN
An introduction by Ourania Roditi
September 2018

Slavery1 did not officially end with its formal abolition forced labour, accounting for 99% of victims in the
in the 19th century; on the contrary it has proved to commercial sex industry, and 58% in other sectors.4
be a very dynamic phenomenon that has changed Women and girls were also disproportionally affected
forms and structure and that has persisted throughout by the practice of forced marriage: of the estimated
the world to this very day. According to Anti-Slavery 15.4 million victims world-wide, 88 %, were women
International, an estimated 40.3 million people are and girls and 37 %, of the victims were under 18 at the
subjected to different forms of slavery worldwide. time of marriage. While additional data are required
Poverty, underdevelopment, conflict and social for certain regions, the accumulated data suggest a
exclusion are considered the main contributing factors prevalence of forced marriage in Africa (4.8 per 1,000),
to slavery, while religious and cultural traditions are followed by Asia and the Pacific (2.0 victims per 1,000).5
also responsible for a number of practices that are
nowadays considered tantamount to slavery. Modern One of the reasons why the vast majority of modern-
slavery thrives under weak rule of law, bad governance day slavery victims are women is because they are
and corrupted public officials. It preys on the vulnerable hardest hit by poverty and exclusion: women and, more
and marginalised, the illiterate, women and those who precisely, girls are more prone to drop out of school;
suffer social discrimination. they often also lack autonomy and the right to make
informed decisions. They frequently undertake unpaid
Slavery is frequent in impoverished countries and more domestic and care work to contribute to the family’s
common than expected in developed ones. Industries income. As a result they are at greater risk of falling
such as farming, mining and factories producing victim to different forms of modern slavery. At the
goods for domestic consumption or export to more same time, in conflict areas the situation is dramatically
prosperous countries thrive on the labour tens of exacerbated, as women are often traded as a form of
thousands of people who live in slave-like conditions.2 currency, while the latest refugee crisis has also led to
It is crucial that we all grasp the extent to which our high numbers of child marriages amongst displaced
everyday life and habits are linked to slavery in different communities.
parts of the world: according to data provided by the
NGO Freedom United, slavery is directly linked to the With regard to international standards, there are plenty
supply of everyday products, such as shoes, electronics, of provisions against slavery contained in international
lipstick and cotton; well-known brands make use of law, some dating back to the 1815 Declaration Relative
child labour, as does the mining of coltan, one of the to the Universal Abolition of the Slave Trade. References
minerals necessary for electronic devices. According can be found in most international documents; from
to the Global Estimates of Modern Slavery3 in 2017, of the Universal Declaration of Human Rights to the
the  24.9 million  people trapped world-wide  in forced International Covenant on Civil and Political Rights
labour, 16 million were exploited in the private sector and  the Rome Statute of the International Criminal
such as domestic work, construction or agriculture; Court or  the European Convention for the Protection
4.8 million persons in forced sexual exploitation and of Human Rights, the American Convention on Human
4 million in forced labour imposed by state authorities. Rights,  the African Charter on Human and Peoples’
Women and girls were disproportionately affected by Rights, etc.
1  For the purpose of this document, and since there is no internationally
agreed definition of slavery, ‘modern slavery’ will be seen as a system that Interestingly enough, eliminating slavery was not one
encompasses a number of practices, such as human trafficking, forced
labour, debt bondage, forced marriage and others, which result in the of the Sustainable Development Goals (SDGs). The
violation of human rights and the exploitation of an individual through only explicit reference to modern slavery can be found
force, coercion and threat.
2  https://www.cfr.org Council on Foreign Relations Modern Slavery An
in SDG 8.7: Take immediate and effective measures
exploration of its root causes and the human toll.
3  The Global Estimates of Modern Slavery are the result of a collaborative 4  Global Estimates of Modern Slavery: Forced Labour and Forced Marriage,
effort between the International Labour Organization (ILO) and the Walk Geneva, September 2017.
Free Foundation, in partnership with the International Organization for 5  Global Estimates of Modern Slavery Forced Labour and Forced Marriage,
Migration (IOM). International Labour Organization and Walk Free Foundation, Geneva 2017

16
to eradicate forced labour, and modern slavery and law enforcement provisions, as each state is obliged
human trafficking and secure the prohibition and to adopt the necessary legal provisions and legislative
elimination of the worst forms of child labour, including measures to combat trafficking in persons, especially
recruitment and use of child soldiers, and by 2025 end women and children.
child labour in all its forms. Still, it is imperative to take
advantage of the discourse the SGDs have created On a national level, there is a growing trend to introduce
around sustainable development, ending poverty and legislation that includes anti-slavery provisions, in
human trafficking, and mobilising resources to combat particular with respect to ensuring that supply chains
contemporary enslavement on the part of states and are slave labour–free. For example, in 2015 the United
non-state actors. States introduced the Trade Facilitation and Trade
Enforcement Act,11 which explicitly prohibited all
Aiming, amongst other things, to mobilise action to products made by forced labour, including child labour,
support the Millennium and later the Sustainable from being imported. In 2015 the United Kingdom
Development Goals, the UN launched in 2000 the introduced the Modern Slavery Act,12 consolidating
Global Compact,6 the largest corporate sustainability existing slavery and trafficking offences, which
initiative with more than 12,000 corporate participants established the post of the independent Anti-Slavery
and other stakeholders in over 160 countries. The Commissioner and required commercial organisations,
Global Compact is based on 10 key principles, including including overseas businesses, with a global annual
protection and support of internationally proclaimed turnover of 36 million pounds or more doing business
human rights, elimination of all forms of forced and in the UK to address modern slavery in their business
compulsory labour and effective abolition of child and supply chain.13 An innovative aspect of the Modern
labour.7 It is a voluntary initiative, complementing Slavery Act was that a suspect implicated in modern
other initiatives and regulatory frameworks, offering slavery could be prosecuted in the UK, even if the actual
a policy framework for organising and developing crime was committed overseas. Following the example
corporate sustainability strategies. It also encourages of the United Kingdom, in 2018 Australia adopted the
innovative strategies in partnerships with civil society, Modern Slavery Bill,14which required entities based, or
governments and other stakeholders. operating, in the country, with “an annual consolidated
revenue of more than $100 million, to report annually
In the fight against modern slavery, and more on the risks of modern slavery in their operations and
specifically against forced labour and trafficking, two supply chains, and actions to address those risks”.15
legally binding international instruments stand out:
the International Labour Organisation’s Protocol of In the United Kingdom, the efficiency of the Modern
2014 to the Forced Labour Convention, 1930 (No. 29).8 Slavery Act was put to the test on 4 July 2018, when
The Protocol,9 adopted by the International Labour a judge sentenced a British nurse, Josephine Iyamu,
Conference in 2014, entered into force on 9 November to 14 years in prison for a crime committed outside
2016. It requires countries to take effective measures United Kingdom. Through a black magic ritual, Ms
to prevent and eliminate forced labour and to protect Iyamu forced five women, originally from Nigeria, to
and provide access to justice for victims. Second, the work as prostitutes in Germany. Yet, according to the
Palermo Protocol10 to Prevent, Suppress and Punish Guardian, and although the progress achieved since the
Trafficking in Persons, Especially Women and Children, introduction of the Act cannot be overlooked, only 6%
supplementing the United Nations Convention against of the modern slavery offence recorded by the policy
Transnational Organised Crime, adopted by the General 11  https://www.cbp.gov/trade/trade-community/programs-outreach/
Assembly in 2000, is the first international instrument convict-importations
12  http://www.legislation.gov.uk/ukpga/2015/30/contents/enacted
to define trafficking; yet its real strength lies in the
13  The UK Modern Slavery Act 2015 What are the requirements and how
6  https://www.unglobalcompact.org/ should businesses respond?
7  https://www.unglobalcompact.org/what-is-gc/mission/principles (https://www.ey.com/Publication/vwLUAssets/ey-the-uk-modern-slavery-
8  https://www.ilo.org/dyn/normlex/en/f?p=1000:12100:0::NO::P12100_ act-2015/$FILE/ey-the-uk-modern-slavery-act-2015.pdf)
ILO_CODE:C029 14  https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/
9  https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO: Bills_Search_Results/Result?bId=r6148
:P12100_ILO_CODE:P029 15  Modern Slavery Bill 2018 – Parliament of Australia (https://www.aph.
10  The Protocol was adopted by resolution A/RES/55/25 of 15 November gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/
2000 at the fifty-fifth session of the General Assembly of the United Nations.  Result?bId=r6148)

17
in March 2017 seem to have resulted in charges.16 The people enter modern slavery through forced marriage.
reasons vary: policy officers may not be fully familiar “Overall, the cultural practice of forced marriage places
with the powers they have under the new law; other women at greater risk of exploitation, and the potential
problems have more to do with the victims’ state of subjection to a life of servitude, financial bondage and
mind. Many do not always comprehend that they are sexual exploitation that comes with modern slavery,”
indeed victims of modern slavery, as the case described the report said.
above clearly indicates, as all victims were bound by
a black magic oath/ritual. Furthermore, according to Katharine Bryant, a researcher manager for Walk Free
official statistics, only 30% of the businesses with a Foundation, makes a case about the “gendered nature
turnover greater than 35 million pounds have published of modern slavery”19 whereby men and boys are more
a plan to prevent abuses in the supply chain. likely to be enslaved in construction, manufacturing
and agriculture, while the exploitation of women
Despite the positive trends witnessed both at the state usually occurs in the fields of domestic and sex work.
and international levels, according to the latest (2018) Again gender is pivotal when it comes to the means
Global Slavery Index,17 more than 400,000 people of coercion: men are usually physically assaulted or
live in conditions of modern slavery in the United receive threats against family members, while women
States alone. In total, North Korea has the highest tend to be subjected to sexual violence. Ms. Bryant
prevalence of modern slavery globally, with one in 10 recommends policy makers to focus on promoting
of the population, or 2.6 million people being victims. women’s rights and achieve gender equality through
It is followed by Eritrea, Burundi, the Central African women’s empowerment initiatives and ensuring
Republic, Afghanistan, Mauritania, South Sudan, education for girls. In short, initiatives that address
Pakistan, Cambodia and Iran. Evidently, most of these discrimination against women and girls should be the
countries are marked by prolonged conflict and the “cornerstone of any response to modern slavery,”
breakdown of the rule of law. Bryant says.

One of the most important findings of the report of the In her report to the General Assembly in July 2017,20
Global Slavery Index18 is that “the prevalence of modern the Special Rapporteur on Slavery its causes and
slavery in high-GDP countries is higher than previously consequences, Urmila Bhoola,21 linked modern slavery
understood”. Due to the globalisation of trade and to weak sustainable development and the poverty it
commerce, the Walk Free Foundation embarked on entails, coupled with the exclusion of human rights
a closer examination of where the “products” are principles from the prevailing “free-market doctrine of
consumed, an approach which inevitably shifted the economic development”22 and “adherence to the neo-
focus to the G20 countries which rank among the largest liberal economic principles,” as espoused by most states
importers and exporters in the world, accounting for nowadays. In her recommendations to the General
three-quarters of global trade and 80% of developing Assembly, Ms. Bhoola emphasised, among other things,
country exports. However, one cannot help but notice the necessity to accelerate progress towards gender
the paradox that certain of these G20 countries are at parity and empowerment of women and girls in line
the forefront of fighting slavery. The logical conclusion with Sustainable Goal 5 on gender equality and to tackle
is that even when countries introduce tough anti-
19  Katharine Bryant, Global Estimates of Modern Slavery: We need to
slavery legislation, gaps exist in the “protection system” talk about gender, Plan International UK, Guest Blog from Walk Free
for groups such as irregular migrants, the homeless, Foundation, Monday 30 October 2017 (https://plan-uk.org/blogs/
global-estimates-of-modern-slavery-we-need-to-talk-about-gender).
workers in the shadow economy, and certain minorities. 20 Report of the Special Rapporteur on contemporary forms of slavery,
These gaps, which are being actively exploited by including its causes and consequences-A-72-139_July 2017
criminals, need urgent attention from governments. 21  In 2007, with the Human Rights Council Resolution 6/14 the position of
a Special Rapporteur on contemporary forms of slavery, including its causes
and its consequences was established in order to replace the Working
Furthermore, a third, or an estimated 15 million Group on Contemporary Forms of Slavery.

16  Captor, caught Britain’s new law against modern slavery secures a rare 22  According to the Global Fund to End Modern Slavery, modern slavery
conviction, The Economist, 5 July 2018 (https://www.economist.com/ should be seen as a ‘crime of economic opportunity’ and any effective action
britain/2018/07/05/britains-new-law-against-modern-slavery-secures-a- against it should aim at making it ‘economically unprofitable’ (https://www.
rare-conviction). gfems.org/). Its interventions combine the principles of rule of law, through
ending impunity, sustained freedom for survivors, through recovery,
17  https://www.globalslaveryindex.org/ reintegration and economic opportunity with business investment, aiming
18  The Global Slavery Index, 2018 (https://www.globalslaveryindex.org/) at creating value by eliminating forced labour from supply chains.

18
the root causes and manifestation of discrimination well as the role that the wider community, including
against minority groups who are prone and susceptible civil society and non-state actors, such as business,
to slavery, including women and children. could play in both prevention and rehabilitation of
victims. Any gender-sensitive approach to combating
In conclusion, effective criminal justice responses to modern slavery should provide options for women
preventing and combating modern slavery should and girls, men and boys who are vulnerable to, or have
be strengthened, while international cooperation directly experienced, severe exploitation.
amongst different state and non-state actors should be
further encouraged. Emphasis should be also placed Finally, there must be collective responsibility for
on successful initiatives and on rehabilitation efforts the occurrence of slavery in contemporary societies:
for victims of slavery to help them reintegrate into slavery is not a phenomenon occurring in isolation; it
mainstream society. is an actual process that we all, directly or indirectly
perpetuate, overlook or tolerate in different forms in
Many NGOs and scholarly articles have raised the all countries. We consume products and enjoy services
question of lack of reliable data due to the absence and goods that have become indispensable parts of our
of a unified and universally agreed methodology to everyday life; however, we often do not acknowledge—
measure slavery. For example, the Global Slavery Index or choose to ignore—the human cost behind them.
surveys not only individuals but also households and
families. Others23 argue that in countries with strong law ABOUT
enforcement, criminal networks have developed ways
to go undetected and cover up their activities; different Dr. Ourania Roditi holds a PhD from the University of
methodologies include comparing lists of victims from Sussex in United Kingdom on the relations between
different agencies, such as police, NGOs and social civil society with nationalism and democratisation in
service providers. In the end, the bottom line is that, as Central-Eastern Europe. She has worked for numerous
the Global Fund to End Slavery put it, new ways of data NGOs, as well as for the OSCE Missions in Kosovo and
collection and analysis are urgently needed. Reliable Bosnia and Herzegovina. Currently, she is the Femicide
and efficient data collection will allow not only a better Team Coordinator with the ACUNS, Vienna Liaison.
analysis of the extent of modern slavery but also
will assist those investing in the field to gain a better
understanding of the impact of implemented activities
and projects24.

The mere fact that women are more severely affected

by slavery could be seen solely as a by-product of
discrimination and embedded forms of discriminatory
practices that cut through and across societies.
Concepts, such as advancing gender equality and
empowering female leadership, should be seen as
key concepts in the fight against modern forms of
slavery. Respecting the rights of women, supporting
education and promoting female community leaders
would undoubtedly affect decision- and policy-
making processes. At the same time, promoting
economic empowerment, resilient communities and
raising awareness albeit, no novel concepts consist
the cornerstone of any reliable effort to address
this phenomenon. Positive and successful models
implemented by states should be also put forward, as
23  How can you measure how many people are modern slaves? (https://
about.futurelearn.com/blog/measuring-modern-slavery)
24  https://www.gfems.org/approach/

19
FORCED MARRIAGE: THE MODERN-DAY SLAVERY OF WOMEN AND GIRLS
Jacqueline Joudo Larsen and Katharine Bryant, Walk Free Foundation
September 2018

“I was out grazing the cows when my father said it What is forced marriage?
was time to get married. I was woken up early and
circumcised. The elders said the man was to be my only International human rights treaties guarantee the right
husband. He was 55. I was very confused. I was only 10. of all individuals to enter into marriage with the free
Nine months later, because I had not given him a baby, and full consent of both parties.3 The International
he began tasking me with the difficult jobs. I decided Covenants on Civil and Political Rights (Article 23)4 and
I had to escape – he beat me so hard my leg wouldn’t on Economic, Social and Cultural Rights (Article 10)5,
stop bleeding. I was taken in by the Catholic Sisters and the Convention on Consent to Marriage, Minimum Age
started school in 2013. I hope to be a doctor.” - Anita, for Marriage and Registration for Marriages (Article 1),6
15, forced into child marriage in Kenya.1 and the Convention on the Elimination of All Forms of
Discrimination against Women (Article 16)7 recognise
Violence against women, including the forced marriage that men and women have the right to freely choose
of women and girls, occurs in every corner of the a spouse and enter into a marriage with their free and
world. Forced marriage takes many forms, including full consent.
use of forced marriage as a tactic of war, temporary
marriages, bride kidnapping, child and early marriage Elements of forced marriage are also included
in deeply patriarchal societies, and forced marriage of in the 1956 Supplementary Convention on
the children of migrants living in Europe, the US and the Abolition of Slavery, the Slave Trade, and
Australia. Whatever form it takes, forced marriage Institutions and Practices Similar to Slavery,8 which
threatens the lives of women and girls around the world, includes “any institution or practice whereby:
either by disrupting their education, making them more (i) A woman, without the right to refuse, is
vulnerable to violence and abuse, and preventing their promised or given in marriage on payment of a
full participation in economic, political and social life. consideration in money or in kind to her parents,
There are reports that forced marriage results in earlier guardian, family or any other person or group; or
pregnancy and higher levels of maternal morbidity. (ii) The husband of a woman, his family, or his
clan, has the right to transfer her to another
Despite the long history of such practices around the person for value received or otherwise; or
world, the measurement and scope of research into (iii) A woman on the death of her husband is liable to
forced marriage is at an early stage. The Sustainable be inherited by another person.”9
Development Goals, in particular SDG 8.7 and 5.3 3  UNHCHR 2014, Annual report of the United Nations High Commissioner
mean that States must act and report on their actions for Human Rights and reports of the Office of the High Commissioner and
the Secretary-General: Preventing and eliminating child, early and forced
to combat child and forced marriage. The recent marriage, UN Doc A/HRC/26/22, 2 April 2014. Available from: http://
Global Estimates of Modern Slavery2 present us with ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/26/22. [7 September
2018].
new statistics and insights that can help shape our 4  International Covenant on Civil and Political Rights, entry into
understanding of the issue and enable urgent action. force 23 March 1976. Available from: https://www.ohchr.org/en/
Understanding where forced marriage occurs and who professionalinterest/pages/ccpr.aspx. [7 September 2018].
5  International Covenant on Economic, Social and Cultural Rights, entry
it affects is crucial in helping target resources to the into force 3 January 1976. Available from: https://www.ohchr.org/en/
areas of high risk and highest need. professionalinterest/pages/cescr.aspx. [7 September 2018].
6  Convention on Consent to Marriage, Minimum Age for Marriage
and Registration of Marriages, entry into force: 9 December 1964.
Available from: https://www.ohchr.org/en/professionalinterest/pages/
minimumageformarriage.aspx. [7 September 2018].
1  Kelly, A and Hodal K, 2017, ‘I slept on the floor in a flat near Harrods’: 7  Convention on the Elimination of all Forms of Discrimination against
stories of modern slavery, The Guardian, 27 July. Available from: https:// Women. Available from: http://www.un.org/womenwatch/daw/cedaw/
www.theguardian.com/global-development/2017/jul/29/slept-floor-flat- text/econvention.htm. [7 September 2018].
near-harrods-stories-modern-slavery. [2 September 2018]. 8  Supplementary Convention on the Abolition of Slavery, the Slave
2  International Labour Organization and Walk Free Foundation, Global Trade, and Institutions and Practices Similar to Slavery 1956. Available
estimates of modern slavery: Forced labour and forced marriage, (Global from: https://www.ohchr.org/en/professionalinterest/pages/
Estimates of Modern Slavery) 2017, http:// www.ilo.org/wcmsp5/groups/ supplementaryconventionabolitionofslavery.aspx. [7 September 2018].
public/---dgreports/---dcomm/ documents/publication/wcms_575479.pdf 9  As above

20
More recently, child, early, and forced marriage (CEFM) threats. Once forced to marry, many victims experience
have been recognised by the UN as a human rights conditions similar to slavery and are placed at greater
abuse and a harmful practice.10 UN Security Council risk of being subjected to other forms of exploitation,
Resolutions and reports in 2013,11 2014,12 2015,13 including sexual exploitation, domestic servitude, and
2016,14 and 201715 have highlighted that CEFM is a other forms of forced labour. Children are especially
form of gender-based violence and leads to the denial vulnerable in these situations.
of autonomy and human rights, including control of
sexual and reproductive health, and that CEFM is An estimated 15.4 million people were living in a forced
associated with discrimination and persecution against marriage in 2016.18 This estimate draws on interviews
particular groups. Human Rights Council Resolution with more than 71,000 respondents through nationally
35/16 also noted that the incidence and risk of CEFM is representative household surveys in 48 countries.
exacerbated in humanitarian settings.16 The estimate includes marriages of both adults and
children that were reported by respondents to have
What is the extent of the problem? been forced and without consent, regardless of the
age of the respondent. Due to gaps in available data,
While definitions vary, the estimate of ‘forced not every instance of child marriage is included in the
marriage’ in the Global Estimates of Modern Slavery estimates. As such, the Global Estimates should be
refers to situations where persons, regardless of their considered conservative.
age, have been forced to marry without their consent.17
A person might be forced to marry through physical, Although modern slavery occurs in every region19 and
emotional, or financial duress, deception by family affects many regardless of race, gender, religion, and
members, the spouse, or others, or the use of force and socio-economic status, the risk of having ever been in
a forced marriage is significantly higher for women.20
10  OHCHR 2018, Child, early and forced marriage, including in
humanitarian settings. Available from: https://www.ohchr.org/EN/Issues/ Women and girls account for 13 million, or 84 per cent
Women/WRGS/Pages/ChildMarriage.aspx. [7 September 2018]. of victims. Over one-third of victims were forced to
11  UNGA 2013, Resolution adopted by the General Assembly on 18 marry before their 18th birthday, and of these, 96 per
December 2013 Child, early and forced marriage, UN doc A/RES/68/148,
30 January 2014. Available at: http://www.un.org/en/ga/search/view_doc. cent were girls. The youngest victims in the sample were
asp?symbol=A/RES/68/148. [7 September 2018]. nine years of age at the time they were forced to marry.
12 UNHCHR 2014, Annual report of the United Nations High Commissioner Recent research measuring rates of child marriage
for Human Rights and reports of the Office of the High Commissioner and
the Secretary-General: Preventing and eliminating child, early and forced in three countries (Pakistan, Cambodia, Myanmar)
marriage, UN Doc A/HRC/26/22, 2 April 2014. Available from: http:// confirms that the estimate of forced marriage would
ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/26/22. [7 September
2018]. be far higher if all cases of child marriage were
13  UNGA 2015, Resolution adopted by the General Assembly on 17 included.21 It also points to a pronounced gender gap
December 2015, The girl child, UN docs A/RES/70/138, 29 February 2016. in child marriage, with girls outnumbering boys in child
Available from: http://undocs.org/A/RES/70/138. [7 September 2018].
14  UNSG 2016, Promotion and protection of the rights of children: Child,
marriages across the three countries.
early and forced marriage, UN doc A/71/253, 29 July 2016. Available
from: https://undocs.org/A/71/253. [7 September 2018]. See also: UNGA
2016, Resolution adopted by the General Assembly on 19 December
2016 Child, early and forced marriage, UN doc A/RES/71/175, 23 January
2017. Available from: http://www.un.org/en/ga/search/view_doc.
asp?symbol=A/RES/71/175&referer=http://www.un.org/en/ga/71/
resolutions.shtml&Lang=E. [7 September 2018]. 18  International Labour Organization and Walk Free Foundation, Global
15  UNGA 2017, Resolution adopted by the Human Rights Council on 22 estimates of modern slavery: Forced labour and forced marriage, (Global
June 2017, Child, early and forced marriage in humanitarian settings, UN Estimates of Modern Slavery) 2017, http:// www.ilo.org/wcmsp5/groups/
doc, GEN/190/10, 12 July 2017. Available from: https://documents-dds-ny. public/---dgreports/---dcomm/ documents/publication/wcms_575479.pdf
un.org/doc/UNDOC/GEN/G17/190/10/PDF/G1719010.pdf?OpenElement. 19  The prevalence of forced marriage was highest in Africa followed by
[7 September 2018]. the Asia and the Pacific region. It is important to note differences across
16  As above. regions in data availability as they have an impact on these findings. For
example, despite numerous reports of forced marriage in Central Asia and
17  For the purposes of these estimates, the measurement of forced the Arab region, few surveys on the issue have been conducted there so
marriage is limited to what was captured by the surveys. That is, forced the regional distribution should be interpreted with caution.
marriage in these estimates includes all marriages of both adults and
children that were reported by the survey respondent to have been forced 20  Diego-Rosell P & Joudo Larsen J, 2018, Modelling the risk of modern
and without consent, regardless of the age of the respondent. Accordingly, slavery. Available at SSRN: http://dx.doi.org/10.2139/ssrn.3215368
the estimates do not include every instance of child marriage, as child 21  Diego-Rosell, P & Joudo Larsen, J 2017, ‘Child Marriage Rates in
marriage is not currently measured adequately at the scale or specificity Pakistan, Myanmar and Cambodia’, Available from: -http:// news.gallup.
required for a global estimate. See further, pages 17 and 46, Global com/opinion/gallup/221000/child-marriage-ratespakistan-myanmar-
Estimates of Modern Slavery. cambodia.aspx

21
Why are women and girls forced to marry? What needs to be done?

There are many reasons for forced marriage, some of Tackling forced marriage requires relevant legislation
which are closely linked to poverty, insecurity, limited and policies, engagement with communities,
opportunities for education, longstanding cultural education, and protection measures for those who are
practices and understanding of gender roles, as well in forced marriages. Criminalising forced marriage is a
as conflict and humanitarian crises. Child marriage, critical step to enable action and a change in mindsets.
for example, is more common in poorest and most Accordingly, it is deeply concerning that in 2017 only 38
rural communities in the world, where marriage countries had criminalised forced marriage.25 In the US,
may represent an opportunity to provide economic only 8 out of 50 states plus Washington DC and the U.S
subsidence, or financial security by paying a lower Virgin Islands have specific criminal laws against forced
dowry for younger relatives, or by marrying wealthy marriage.26
foreigners, even if only for a short period of time.22
While law enforcement has an important role to
In some parts of the world, child and forced marriage play, policies and programs that assume that forced
occurs because it is a social norm or because of marriage is first and foremost a law enforcement issue
stereotypical views of sexuality and a women’s role in will often fail to meet the needs of victims. For example,
society. Young girls and women can also be forced to some victims will not want to report their parents or
marry in exchange for payment to their families, the relatives to the police.27 A recent examination of forced
cancellation of debt, or to settle family disputes. In marriage policies in seven countries has emphasised
some societies, a woman can still be inherited by the the importance of a flexible approach, de-coupled from
brother of her deceased husband and, as of August law enforcement, that recognises victims may need
2017, 13 countries23 permitted a rapist to escape support services from across family violence, education
criminal sanctions by forcibly marrying the victim, and child protection systems.28 The UK’s Forced
sometimes with the consent of her family. Marriage Unit is an interesting example of this flexible
approach. The Unit provides safety advice, assistance
The prevalence of forced marriage can be higher in for victims to prevent their unwanted spouses moving
countries with significant levels of conflict or those to their country of residence, and support to British
experiencing humanitarian crises. These circumstances victims, including those who are overseas. Likewise, in
can exacerbate existing human rights abuses or lead to Australia, visas for up to 200 days are now awarded to
new violations as a consequence of the breakdown in victims of forced marriage regardless of whether they
law and State authority. For example, there have been are willing to participate in a criminal court case. This
reports of women and girls being abducted by armed removes the requirement that affected individuals
groups and forced to marry fighters, enduring sexual, would have to press criminal charges against their
physical, and emotional abuse in parts of Nigeria parents.29
and Iraq. Families who are faced with physical and
economic insecurity may also see forced marriage as Criminalising forced marriage may also not work where
a way of alleviating poverty and protecting girls from
25  Walk Free Foundation 2018, Global Slavery Index. Available from: www.
difficult living conditions.24 Forced marriages occur in globalslaveryindex.org. [7 September 2018].
both developing and developed nations, with women 26  As of 2016. See Tahirih Justice Center 2016, ‘National Consultation:
and girls being forced to marry foreign men for cultural Should Forced Marriage be a crime in the United States?’, Available
from: http:// preventforcedmarriage.org/wp-content/uploads/2017/04/
reasons, or to secure another person’s entry into the Consultation-Summary-Report_Final.pdf
country. 27  Vidal, L 2016, ‘Forced Marriage is happening in Australia and we need
to do something about it’, Huffpost, 15 July. Available from: http://www.
22  UNHCHR 2014, Annual report of the United Nations High Commissioner huffingtonpost.com.au/lauravidalau/forced-marriageis-happening-in-
for Human Rights and reports of the Office of the High Commissioner and australia-and-we-need-to-do-something-aboutit_b_9405022.html
the Secretary-General: Preventing and eliminating child, early and forced 28  Vidal, L 2017, ‘Developing Innovative, Best Practice Solutions to Address
marriage, UN Doc A/HRC/26/22, 2 April 2014. Available from: http:// Forced Marriage in Australia’, Churchill Trust, Available from: https://
ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/26/22. [7 September www.churchilltrust.com.au/media/fellows/ Vidal_L_2016_Solutions_to_
2018]. addressing_forced_marriage_in_ Australia.pdf
23  Jones, C 2017, ‘Countries are Getting Rid of their “Marry the Rapist” 29  Australian Government Department of Social Affairs 2018, Increased
Laws’, UN Dispatch, 23 August 2017. Available from: https://www. Support for Forced Marriage Victims, Australian Government. Available
undispatch.com/marry-the-rapist/. [7 September 2018]. at: https://www.dss.gov.au/sites/default/files/documents/05_2018/
24  As above. d18_479015-forced-marriage-stream-trial.pdf. [7 September 2018].

22
forced and child marriage are social norms. In these Mauritania and Gambia.37
instances, legal norms as dictated and sanctioned by the
State may not hold much influence over deep-seated Protection measures are also essential for those
social norms, such as patriarchal beliefs.30 As such, already in forced marriage, including the provision of
engagement and partnerships with the community are holistic support that includes accommodation, health
critical. Strategies such as those aimed at educating and financial support. These services need to recognise
parents31, mobilising religious and community leaders that some victims may need to be removed to safety,
to influence people or empowering those at risk32 while others may simply want the pressure to marry
have been shown to have an influence on the age of to stop or they may want to leave home but remain
marriage.33 A program implemented in rural Ethiopia, engaged with their families. For example, in Canada
called Berhane Hewan, has illustrated the importance a holistic support system addresses the situation of
of engaging girls, their families, and their communities young people who need to be removed from home to
to increase the age of marriage.34 The program found ensure they can re-build their lives with the support
that informing community and religious leaders of services that meet their basic needs while being
of the dangers of child marriage, supporting girls given ‘sanctuary’ from family. This reduces barriers to
education with school supplies or uniforms, providing reporting based on the fear of having to struggle and
economic incentives to families to keep their daughters support themselves alone.38
unmarried, or combining all these approaches had the
most impact in reducing child marriage.35 Next steps

These strategies should promote attitude and With 13 million people living in forced marriages,
behaviour change from within the community and take it is time for us to act to end these practices with
into account gender and generational differences.36 In appropriate policy and practical responses. Ending
Senegal, the Tostan program aims to combat female forced marriage requires a multipronged approach
genital mutilation and early marriage by rolling out that includes normative and behavioural change within
community based human rights education targeting society, along with the development of appropriate
men and women. It has seen an increase in the age of legislation and policies. Understanding complex drivers
marriage in program recipients and has subsequently that include gender, cultural and religious norms
been rolled out in Guinea, Guinea-Bissau, Mali, behind this practice is vital in making sure interventions
are adapted to specific contexts. This will require
challenging discriminatory systems and cultural norms
that assign value to women primarily as wives, mothers
30  See Mackie G, Moneti F, Shakya H and Denny E 2015, What are social
norms? How are they measured? UNICEF and University of California,
and caretakers.39
San Diego, Center on Global Justice. Available from: https://www.unicef.
org/protection/files/4_09_30_Whole_What_are_Social_Norms.pdf. [7
September 2018].
Highly gendered patterns of forced marriage point to
31  Family Support Institute (FASI) Kenya 2012, Tostan Pilot Project on important areas of intervention whether for reducing
“Ending FGM/C” in Northwest Zone and Northeast Zone of Somalia, FASI. vulnerability or increasing protections for those girls
Available from: https://www.unicef. org/evaldatabase/files/120830-sk-
Tostan_Very_final_Report_ combined_Northwest_and_Northeast_Zones.
and women most at risk. At the same time, as men and
pdf boys can still be affected by forced marriage, it is critical
32  Bailey, C 2017, Her Freedom, Her voice, The Freedom Fund, p.16, that preventative efforts reflect this risk and national
Available from: http://freedomfund.org/wp-content/uploads/ FF_
WOMENANDGIRLS.pdf laws and responses to victimisation make allowance for
33  Erulkar, A & Muthengi, E 2007, Evaluation of Berhane Hewan: A male victims.
pilot program to promote education & delay marriage in rural Ethiopia,
Population Council. Available from: https://www. globalgiving.org/
pfil/2545/projdoc.pdf 37  Sourced from Promising Practices Database, Walk Free Foundation.
34  As above. Available from: https://www.walkfreefoundation.org/ news/resource/
35  Population Council n.d. Building an Evidence Base to Delay Marriage in promising-practices/
Sub-Saharan Africa. Available at: https://www.popcouncil.org/research/ 38  Vidal, L 2017, ‘Developing Innovative, Best Practice Solutions to Address
building-an-evidence-base-to-delay-marriage-in-sub-saharan-africa. [7 Forced Marriage in Australia’, Churchill Trust, p.54, Available from: https://
September 2018]. www.churchilltrust.com.au/media/ fellows/Vidal_L_2016_Solutions_to_
36  Vidal, L 2017, ‘Developing Innovative, Best Practice Solutions to Address addressing_forced_ marriage_in_Australia.pdf
Forced Marriage in Australia’, Churchill Trust, Available from: https:// 39  See for example: Bailey, C 2017, Her Freedom, Her Voice, Freedom
www.churchilltrust.com.au/media/fellows/ Vidal_L_2016_Solutions_to_ Fund, p.16. Available from: http://freedomfund.org/wp-content/ uploads/
addressing_forced_marriage_in_ Australia.pdf FF_WOMENANDGIRLS.pdf.

23
Lastly, further research is needed to improve our Foundation, Global estimates of modern slavery:
understanding of forced marriage in different cultural Forced labour and forced marriage, (Global Estimates
contexts and the impact of criminalisation and other of Modern Slavery) 2017, http:// www.ilo.org/wcmsp5/
responses to reduce its occurrence. groups/public/---dgreports/---dcomm/documents/
publication/wcms_575479.pdf
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Rates in Pakistan, Myanmar and Cambodia’, Available Global Justice. Available from: https://www.unicef.org/
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child-marriage-ratespakistan-myanmar-cambodia.aspx Norms.pdf. [7 September 2018].

Diego-Rosell P & Joudo Larsen J, 2018, Modelling the OHCHR 2018, Child, early and forced marriage,
risk of modern slavery. Available at SSRN: http://dx.doi. including in humanitarian settings. Available from:
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Erulkar, A & Muthengi, E 2007, Evaluation of Berhane
Hewan: A pilot program to promote education & delay Population Council n.d. Building an Evidence Base to
marriage in rural Ethiopia, Population Council. From: Delay Marriage in Sub-Saharan Africa. Available at:
https://www.globalgiving.org/pfil/2545/projdoc.pdf https://www.popcouncil.org/research/building-an-
evidence-base-to-delay-marriage-in-sub-saharan-
Family Support Institute (FASI) Kenya 2012, Tostan africa. [7 September 2018].
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sk-Tostan_Very_final_Report_ combined_Northwest_ Similar to Slavery 1956. Available from: https://
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Tahirih Justice Center 2016, ‘National Consultation: Solutions_to_addressing_forced_ marriage_in_
Should Forced Marriage be a crime in the United Australia.pdf
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doc.asp?symbol=A/RES/68/148. [7 September 2018].

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Assembly on 17 December 2015, The girl child, UN
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General: Preventing and eliminating child, early and
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dpage_e.aspx?si=A/HRC/26/22. [7 September 2018].

UNSG 2016, Promotion and protection of the rights

of children: Child, early and forced marriage, UN doc
A/71/253, 29 July 2016. Available from: https://undocs.
org/A/71/253. [7 September 2018]. See also: UNGA
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Vidal, L 2016, ‘Forced Marriage is happening in Australia

and we need to do something about it’, Huffpost,
15 July. Available from: http://www.huffingtonpost.
com.au/lauravidalau/forced-marriageis-happening-
i n - a u s t ra l i a - a n d - w e - n e e d - t o - d o - s o m e t h i n g -
aboutit_b_9405022.html

Vidal, L 2017, ‘Developing Innovative, Best Practice

Solutions to Address Forced Marriage in Australia’,
Churchill Trust, Available from: https://www.
churchilltrust.com.au/media/ fellows/Vidal_L_2016_

25
© “Beverli, 24 years old” illustrated by Medusa

No Estamos Todas is an illustration project to visualize victims of feminicides and transfemicides in Mexico. A collection
of their meaningful work complements this tenth volume of FEMICIDE. Further information can be found on www.
noestamostodas.com.

26
TEMPORARY ‘PLEASURE MARRIAGES’ ON THE RISE IN IRAQ, IRAN AND
AFGHANISTAN
Behnaz Hosseini
September 2018

The objective of this study is to explore the reasons for Around 43,000 marriages of girls under the age of 15
forced child marriage in Iran, Iraq and Afghanistan and in the Iranian province of Khorasan are not recorded.
identify potential solutions to it. Forced marriage is an Particularly in rural areas, girl brides are often much
oppressive tradition that came to light after the 1979 younger than their spouses. Such marriages, performed
revolution in Iran and is “justified” for religious, cultural, only to provide sexual pleasure, are clear examples of
economic and political reasons. The primary victims of child rape. Is this because of the age of the child-brides
this phenomenon are girls. Forced marriage is carried and/or because of the huge age difference between
out in Iran with the complete backing of the leaders the spouses? This question needs to be clarified.
of the clerical government in line with the misogynistic
laws that they have introduced. In many cases, girls are In a village a few kilometers from the city of Mashhad,
actually sold to resolve the family’s financial problems. Iran, the marriage of girls at the age of 12 and 13 has
At the same time, human trafficking networks, which become very common. The average age for women
are linked to the Islamic government of Iran, are to become pregnant for the first time is between 14
profiting from the mullahs’ misogynistic laws in order and 15 years old; yet in some cases girls as young as 10
to traffic and sell Iranian girls. become mothers.

Iran is not prepared to cede to the pressure imposed In Afghanistan, too, particularly in poor rural
by the United Nations to prohibit marriages of women communities, child slavery and debt bondage practices
under the age of 18. Various aspects of the convention are growing, but are often disguised as marriage,
to prohibit child marriage contradict so-called Islamic as labour or family affairs do not require state
standards. In 2002, the legal age of marriage for girls intervention. These practices—the selling of children
was raised to 13, although marrying children under and servitude—have the exact same characteristics as
the age of 13 was permitted upon the request of the modern slavery. The child victims are usually treated as
custodian and with the permission of the court. This slaves and can be resold.
means that, now, a male legal custodian or a judge can
legally marry a girl child to a man. In general, religious leaders feel that a higher marriage
age for girls is not in accordance with the Islamic law.
The Muslim clerics in Iran have facilitated the abuse of For example, Islamic and Sharia law states that a girl
girls by failing to set up a system to effectively punish should reach puberty before marriage. Thus, 15 years
those who fail to acquire the court’s permission. is seen as an appropriate marriageable age, provided
Ayatollah Khomeini, the founder of the Iranian regime, puberty has begun. In Iraq, pleasure marriages
whose opinions were the source of many of the laws were outlawed under Saddam Hussein. Short-term
promulgated after the 1979 Iranian revolution, wrote marriages were considered idolatrous by the ruling
that any kind of sexual relationship with a girl child is Ba’ath Party in the 1970s and 1980. However, after
permissible at any age. Saddam’s fall, they have begun to flourish again. These
marriage “contracts”, lasting anywhere from one hour
However, statistics are not completely reliable because to 10 years, generally stipulate that the man will pay
many such marriages are never registered due to their the woman in exchange for sexual intimacy. Most Shiite
illegal nature. In most cases the spouses of these girls scholars today consider this practice to be “halal”, or
are much older and even already married. Evidently, religiously legal. These marriages, so-called muta’a’
the aim of these marriages is solely for the sexual are flourishing in the Shiite cities of Najaf, Karbala and
pleasure of the man. These marriages are thus clearly Kadhamiya. Many hotels are patronised by Shiites who
cases of rape. These girls often enter prostitution as a approve of such “marriages”.
result of the physical, social and psychological pressure
they are subjected to during this process.

27
The number of Iraqis making a pilgrimage to Mashad
in Iran has grown exponentially since the rise of Isis,
as they wish to patronise the city’s sizeable population
of sex workers. A large number of sex workers conduct
business through a Shia system of “temporary
marriage” known in Iran as sigheh. Dozens of five-
star hotels, luxury timeshares, and hostels line the
Imam Reza shrine. Many of the managers of these
establishments confirm that a common question
from Iraqi visitors is where to find sex workers.

Recommendation

The practice of child marriage involves both cultural and

gender-related aspects. In many societies where this
type of “marriage” is prevalent, girls do not have the
same value as boys; they are not honored or esteemed
and are, in fact, more often regarded as burden to
be got rid of as soon as possible. The family may be
in poverty and the marriage of girls is seen as part of
family efforts to reduce this. Laws must be amended
to prohibit the marriage of girls under 18 to give them
the right to grow up and live in peace and security. The
right to a minimum wage for all will benefit children in
the family and prevent this type of practice being seen
as a way out of financial hardship.

ABOUT

Dr. Behnaz Hosseini completed her doctoral research

with a focus on Yārsān, a religious minority in Iran and
trans-nationalism in Sweden at the Institute of Oriental
Studies at the University of Vienna. Her research
interests include religious minorities in Iran and Iraq,
forced migration and integration. During her research
she has been involved in multiple projects including
‘Trafficking and Slavery under ISIS: Trauma and
Rehabilitation of Female Survivors’, as well as ‘Analysis
of Forced Migration and Displacement of Iraqi Religious
Minorities in Austria’. Currently she is a research fellow
with the department of Sociology at the University of
Alberta in Canada, where she is working on a research
project about Iranian religious minorities and the
Kurdish communities in Alberta.

28
IS IT TIME TO OPEN A CONVERSATION ABOUT A NEW UNITED NATIONS
TREATY TO FIGHT HUMAN TRAFFICKING THAT FOCUSES ON VICTIM
PROTECTION?
Jackie Jones, Professor for Feminist Legal Studies at the University of the West of England
September 2018

Introduction human rights that firmly put victims/survivors at their

centre. Most victims/survivors of human trafficking are
The Palermo Protocol, an annex to the United Nations female. Is it time the responses to human trafficking
Convention Against Transnational Organized Crime, become more gendered too?
came into force in December 2003 and is the only
international legal instrument addressing human Human Trafficking Defined
trafficking as a crime. It is an example of transnational
law making that calls on State parties to pass domestic The scale of human trafficking is difficult to quantify
laws criminalizing the forms of human trafficking within reliably. However, it is agreed that it exists everywhere,
its definition. Its main purpose therefore is to increase is growing year on year and is one of the top three
the number of criminal convictions for human trafficking criminal trades in the world alongside arms and drug
perpetrated by organized criminal groups. Laws reflect smuggling. According to the United Nations Office on
what society and nations believe to be important Drugs and Crime (UNODC) Global Report on Trafficking
enough to protect or guard against. Incarceration of in Persons 20143 at least 152 different nationalities
individuals is one of the most draconian measures any were trafficked and detected in 124 different countries,
State can undertake. Designating human trafficking as with domestic trafficking accounting for 27 per cent of
a crime with the possibility of a prison sentence is a all detected cases of trafficking in persons worldwide.
statement of the values and of the seriousness of the Trafficking for sexual exploitation and for forced labour
act. In terms of human trafficking, since 2003, at least are the most detected forms of trafficking. Collectively,
158 States have enacted such domestic criminal laws.1 women and girls represent around 79 per cent of all
Many regional fora have also enacted conventions, victims of trafficking.4 Human trafficking for the purpose
strategies and policies targeting human trafficking. of sexual exploitation is clearly a gendered crime, with
However, despite a plethora of laws at international, women and girls making up 96 per cent of all victims
regional and domestic levels, there are still relatively and men making up the vast majority of traffickers/
few convictions in any country that has such laws. perpetrators. 5 According to the 2016 UNODC Report
Globally there were just under 4,500 convictions in around 23,000 victims trafficked for sexual exploitation
2014 for all forms of human trafficking.2 This is a very were detected and reported between 2012 and 2014.
low number on any measure. It appears therefore that During the same period, women accounted for 37 per
the criminal justice approach of increasing conviction cent of victims trafficked for forced labour.6 With this
rates for human trafficking has limitations. Does this growing number of detected victims it is imperative
mean the criminal justice system is failing the victims to develop laws, policies and strategies that work for
of human trafficking or does it simply mean that a all victims, but especially women and girls. This short
different approach should be considered? It is the contribution focusses attention on them.
argument of this contribution that it is time, eighteen
years afterthe Palermo Protocol was enacted, fifteen The Palermo Protocol is the first internationally agreed
years after came into force, to open a conversation legal definition of human trafficking and is an annex to
about whether we should enact a new United Nations the United Nations Convention against Transnational
Treaty that incorporates the learning and progress Organized Crime. It is, therefore, an example of a
made in past eighteen years. For instance, including crime control/criminal justice convention that focusses
newer forms of human trafficking, incorporating case attention on organized criminal gangs, rather than
law, proscribing more nuanced education programmes victims of trafficking. The Protocol to Prevent, Suppress
and good practices from around the world as well as 3  UNODC Global Report on Trafficking in Persons 2014, summary.
integrating other approaches to human trafficking like 4  UNODC Global Report on Trafficking in Persons 2016, p.1.
5  UNODC Global Report on Trafficking in Persons 2014, summary.
1  UNODC Global Report on Trafficking in Persons 2016, p. 12.
6  UNODC Global Report on Trafficking in Persons 2016, p. 27.
2  US State Department Annual Trafficking in Persons Report (hereinafter
TIP Report) 2015.
29
and Punish Trafficking in Persons, Especially Women in nature and involve an organized criminal group, as
and Children, defines trafficking in section 3: well as to the protection of victims of such offences.’
Strictly speaking, the Protocol limits its remit to fighting
‘Trafficking in persons’ is the recruitment, organized crime groups who traffic for a variety of
transportation, transfer, harbouring or receipt of exploitative practices defined in Article 3. Its main focus
persons, by means of the threat or use of force or is ensuring criminal laws are passed in State parties in
other forms of coercion, of abduction, of fraud, order to secure criminal convictions. To the extent that
of deception, of the abuse of power or of a position of this is the primary goal it appears to be failing.
vulnerability or of the giving or receiving of payments
or benefits to achieve the consent of a person having Lack of Convictions as a Crime Control Deterrent10
control over another person, for the purpose of
exploitation . . . According to the 2009 UNDOC Global Report on
Trafficking in Persons, despite the fact that the number
Exploitation shall include, at a minimum, the of convictions is increasing, they are not doing so
exploitation of the prostitution of others or other proportionately to the growing awareness of the
forms of sexual exploitation, forced labour or services, problem. The Report found that ‘as of 2007/08, two
slavery or practices similar to slavery, servitude out of every five countries covered by the report had
or the removal of organs. The consent of a victim of not recorded a single conviction. Either they are blind
trafficking to the intended exploitation... shall to the problem, or they are ill-equipped to deal with
be irrelevant where any of the means set forth in [above] it.’11 By way of comparison, the annual US TIP Report
have been used. The recruitment, transportation, gathers statistics for global investigations, convictions
transfer, harbouring or receipt of a child for the and sentences of trafficking for sexual exploitation
purpose of exploitation shall be considered ‘trafficking and from 2007 for forced labour. Prosecutions
in persons’ even if this does not involve any of the remain steady at between 5-10,000 in the countries
means set [above]. ‘Child’ shall mean any person under providing statistics (around 167) for trafficking for
eighteen years of age. sexual exploitation. Despite the increase in the number
of prosecutions being brought, there is actually a
According to this definition all three elements must be decrease in the number of convictions: from a peak of
present: an act (for example, recruitment, transport) by 5,776 in 2013 to 4,443 in 2014. For labour exploitation
a means (for example, threats, coercion, etc.) in order to the numbers are significantly lower – between 500-600
exploit (for example, sexual services). The Protocol does annually, with two peak years (2012 and 2013). Both
not require movement of the victim across borders, figures are very low compared to the millions of people
international or otherwise. This is an important aspect trafficked every year. What is even worse is the number
of trafficking because many people are trafficked within of convictions: only around 4,400 in 2014 (the highest
borders especially into prostitution.7 It does require number to date) for all forms of trafficking, including
‘exploitation’,8 the definition of which is contested.9 for sexual exploitation and only around 220 for forced
labour. This is appalling.
Transnational criminal justice approach of the Palermo
Protocol

Article 4 of the Palermo Protocol defines its scope as

‘the prevention, investigation and prosecution of the
offences established in accordance with article 5 of
this Protocol, where those offences are transnational
7  A recent example is the UK case of several young girls being trafficked for
sexual exploitation in Rotherham, Oxford and the North of England over
several years.
8  The exploitation does not in fact have to occur, it is enough if it can be
proven that there was an intention to exploit.
9  Due to space constraints many aspects cannot be explored further here. 10  See Jones, J. 2016. ‘Preventing Human Trafficking for Sexual
See Jones, J. ‘Is it time for a new United Nations Treaty to combat Human Exploitation: Ending Demand’, in Winterdyk, J. (ed.). Crime Prevention:
Trafficking?’, in Winterdyk, J. and Jones, J. (eds.) Palgrave International International Perspectives, Issues, and Trends. CRC Press.
Handbook on Human Trafficking (online 2018) 2019. 11  UNODC Global Report on Trafficking in Human Beings 2009, p. 25.

30
YEAR PROSECUTIONS CONVICTIONS VICTIMS 
IDENTIFIED

2004 6,885 3,026  

2005 6,178 4,379  
2006 5,808 3,160  
2007 5,682 (490) 3,427 (326)  
2008 5,212 (312) 2,983 (104) 30,961
2009 5,606 (432) 4,166 (335) 49,105
2010 6,017 (607) 3,619 (237) 33,113
2011 7,909 (456) 3,969 (278) 42,291 (15,205)
2012 7,705 (1,153) 4,746 (518) 46,570 (17,368)
2013 9,460 (1,199) 5,776 (470) 44,758 (10,603)
2014 10,051 (418) 4,443 (216) 44,462 (11,438)
TIP Reports 2012 & 2015: http://www.state.gov/j/tip/
rls/tiprpt/2012/192361.htm; http://www.state.gov/
documents/organization/245365.pdf (forced labour
figures in brackets). The human rights approach

Clearly these statistics indicate a lack of priority in The human rights approach ensures the rights of those
prosecuting and convicting traffickers under domestic who have been trafficked are the primary concern - it
criminal laws. Why such low conviction rates? There elevates their safety and recovery as a prime modus
are several explanations. In terms of criminal justice operandi of laws, policies and strategies instead of
agencies, the most obvious is that it is not a priority focusing almost exclusively on prosecutions. Thus, the
crime. Many local law enforcement agencies and the non-punishment rule, the extended reflection periods,
police still have no, or little, training in how to investigate, right to work, free legal assistance and many other
how to prosecute and how to identify victims of human rights-based provisions are key to helping those
trafficking. This has been recognized in many NGO and who have been trafficked to start to recover.12
government sponsored reports and requires addressing
as part of a comprehensive prevention strategy. Lack of The Palermo Protocol as it is currently formulated
understanding is another key component. For instance, has gaps: it only contains one provision relating to
understanding what makes trafficking (a human rights prevention in human trafficking. Article 9 obligates
issue) different from smuggling (a border control States to establish comprehensive policies, programmes
issue). Corruption and bribes also play a part as well and other measures to prevent and to combat human
as the role officials play in the trafficking chain. Using a trafficking and that protect victims from re-victimization.
crime-control model instead of a human rights-centred It is gendered as it specifically mentions women and
approach is yet another. The fundamental difference children in relation to re-victimisation yet does not
in approach leads to a (potential) victim of trafficking proscribe a gendered approach explicitly detailing
being seen as either a criminal (and arrested as such; what we now know to work in order to gain the trust
crime control) or someone in need of protection (with and confidence of potential female witnesses/ victims/
support being offered; human rights). None of the survivors. It obliges States to undertake measures
above criticisms are intended to suggest that a crime that, inter alia, target mass education and social and
control model or criminal justice approach to human economic initiatives to prevent and combat trafficking
trafficking is not needed. Quite the contrary. Yet it in persons. The latter includes cooperation ‘to alleviate
requires integrating into other approaches that place the factors that make persons, especially women and
the victim/survivor at its heart. Doing this effectively children, vulnerable to trafficking, such as poverty,
will lead to higher conviction rates as victims/survivors underdevelopment and lack of equal opportunity.’
feel enabled to assist prosecutions. As this will most And finally, States parties are obligated to adopt or
likely involve women and girls, it is imperative that a strengthen legislative or other measures to discourage
gendered approach to human trafficking is part of any ‘the demand that fosters all forms of exploitation of
new Convention. 12  See, for example, the Council of Europe Convention on Action Against
Trafficking in Human Beings. CETS 197. 16.5.2005.

31
persons, especially women and children, that leads Bibliography
to trafficking.’13 It is these latter vitally important
provisions within Article 9 that in 2000 already sowed Council of Europe. 2005. Council of Europe Convention
the seeds for further human rights and social justice on Action Against Trafficking in Human Beings. CETS
approaches thereafter embraced in later regional and 197. 16.5.2005
domestic laws and policies which need to be harnessed
in any new Treaty. They should be explicitly extended, Jones, J. 2016. ‘Preventing Human Trafficking for Sexual
targeted and adequately funded in any new Convention. Exploitation: Ending Demand’, in Winterdyk, J. (ed.).
Crime Prevention: International Perspectives, Issues,
Other reasons for enacting a new Treaty and Trends. CRC Press.

An updated Treaty could provide an opportunity for Jones, J. 2018. ‘Is it time for a new United Nations
changing the dynamics of the law to free more people Treaty to combat Human Trafficking?’, in Winterdyk, J.
from human trafficking and slavery-like conditions. It and Jones, J. (eds.) Palgrave International Handbook on
could provide the space for clearer legal definitions Human Trafficking (online 2018) 2019.
for all forms of human trafficking, adding newer forms
explicitly. These clearer legal definitions could be Rantsev v. Cyprus and Russia. Application No. 25965/04.
influenced by decided cases from domestic, regional Judgment of 10.05.2010.
and international courts. For instance, more inclusive/
progressive legal meanings of ‘vulnerability’, ‘coercion’ United Nations. 2000. The Protocol to Prevent, Suppress
and ‘exploitation’ that more accurately reflect our and Punish Trafficking in Persons, Especially Women
more nuanced understanding of how victims become and Children. United Nations Treaty Series, Vol 2237:
vulnerable, how they are recruited, held and controlled 319; Doc. A/55/383.
and the different methods employed to exploit them. Or
the inclusion of judgments from a variety of courts, for United Nations Office on Drugs and Crime. 2014. Global
instance the European of the European Court of Human Report on Trafficking in Persons 2014.
Rights, including, the decision of Rantsev regarding the
positive duties on States. A new Treaty could also take United Nations Office on Drugs and Crime. 2016.
into account our renewed commitment to end human Global Report on Trafficking in Person. https://www.
trafficking enshrined in the Sustainable Development unodc.org/documents/data-and-analysis/glotip/2016_
Goals of ‘leaving no one behind’ and with it the goals Global_Report_on_Trafficking_in_Persons.pdf.
of ending poverty and economic deprivation, thus
addressing many of the causes for human trafficking. It US Trafficking in Persons Reports 2012 and 2015. http://
could incorporate the growing knowledge of the use of www.state.gov/j/tip/rls/tiprpt/ .
mobile technologies in the human trafficking chain or
a public’s (and many businesses’) growing willingness ABOUT
to look inward at their buying choices (supply chains).
Jackie Jones is a Professor of Feminist Legal Studies at
On the other hand, there could be a backlash, with less UWE Bristol, Bristol Law School, Fellow of the Royal
emphasis on women and girls who make up the majority Society of Arts. She has been teaching, researching
of victims/survivors, a move away from human rights and writing different aspects of gender and the law,
by taking away the rights already enshrined in laws. human rights and violence against women for twenty
There could be a re-focus on the commercialization years. She has taught courses on gender and crime,
trend we are currently seeing – commodification of discrimination law at Masters level that and has covered
women’s and girls’ bodies that is so harmful. A re-focus various aspects of sexual violence at undergraduate
on enhanced border control and crime control/criminal level including international and national aspects of
justice responses. There are challenges. Yet I would violence against women, human trafficking, ‘honour’
argue that the United Nations is exactly the right place crimes, migration and asylum issues, rape, sexual abuse,
to claim back our humanity – NOW. forced marriage, female genital mutilation and  rape
in conflict. She has been active in NGOs working for
13  Palermo Protocol, Article 9. women’s rights for many years. She is past President of

32
the European Women Lawyers Association. She attends
the Commission on the Status of Women (CSW) every
year, She is frequently asked to speak at the European
Rights Academy, and major institutions.

Her most recent publications include: ‘Ending Demand

as a Prevention strategy for Human Trafficking’, in John
A. Winterdyk, Crime Prevention – International issues
and perspectives, CRC Press (Taylor & Francis), 2016
(book chapter); ‘How Non-State Torture is gendered’,
in Gender Perspectives on Torture: A Compilation
Juan Mendez and Macarena Sáez, American University
Washington DC. She is currently co-editing the Palgrave
Major Reference Work on Human Trafficking with
Prof. John Winterdyk.

33
RECOGNIZING THE RIGHTS OF DOMESTIC WORKERS
International Labour Organization
August 2018

Domestic workers are one of the groups most vulnerable International standards can be powerful tools to
to exploitation, violence, harassment, and forced labour.  protect domestic workers. The  ILO Domestic Workers
August 2018 - “Every day, she would tell me that I’m Convention No. 189, adopted in 2011  , recognized
crazy and stupid. I couldn’t take that. But since she kept millions of domestic workers as workers, further
on saying that every day, I got used to it. Whenever they empowering them to advocate for their rights, and
beat me up, I just cried in a corner”, recalls Julia  * , a fight violence and harassment. Furthermore, the  ILO
Filipino domestic worker who suffered constant verbal Forced Labour Protocol  , adopted in 2014, requires
abuse and physical beating for more than a year before member states to take effective measure to prevent
daring to run away to the police. forced labour, protect victims and ensure their access
to justice. In particular, countries must ensure the
Around the world, workers who work in isolation, relevant legislation applies to all workers in all sectors.
where nobody is watching, are particularly vulnerable This obligation is particularly relevant for domestic
to violence and harassment at work. Domestic workers workers as one key issue is that they are not always
are just such workers. A workforce 67 million strong, recognized as workers by the national legislation, hence
domestic workers provide essential care for our homes not benefiting from the same rights and protection.
and loved ones; yet, they frequently suffer forms However, to date,  25 countries have ratified the
of violence and harassment, exploitation, coercion, Domestic Workers Convention No. 189 , another 30 or
ranging from verbal abuse to sexual violence, and so have adopted laws or policies extending protections
sometimes even death. Domestic workers who live in to domestic workers, and only  25 countries have
the homes of their employers are especially vulnerable. ratified the Forced Labour Protocol  . Governments,
For many of them, daily abuses like lack of rest and employers and workers, as well as individual
non-payment of wages can quickly turn into forced households, all have a role to play to ensure protection
labour. “I was trapped inside; I couldn’t go out. And of domestic workers from violence and harassment. 
I didn’t have any money. I was not paid even a single Since the adoption of the Domestic Workers
peso. Every time I would ask my employer when I could Convention No. 189, the ILO adopted a global strategy
get my salary, she would say that she will think about to support Governments, workers and employers to
it”, explains Julia. make decent work a reality for domestic workers.
Through this strategy, the ILO has supported some 60
“At the root of this situation is discrimination,” explains countries to extend protections to domestic workers,
Philippe Marcadent, Chief of the ILO Branch related ensure compliance with these standards, shift norms,
to Inclusive Labour Markets, Labour Relations and and strength the representation of domestic workers
Working Conditions. “Domestic workers are often and employers of domestic workers. These country-
not recognized as workers, and face discrimination level experiences on policies such as working time,
as women, often from poor and marginalized groups, wages, social security, migration, labour inspections
such as migrants and indigenous peoples.” and organizing have been documented and compiled
at www.ilo.org/domesticworkers. 
But domestic workers are organizing and leading
efforts to achieve decent work. Zainab and Marcelina, ABOUT
two former domestic workers turned leaders of
their organizations, each faced years of violence and The work of the International Labour Organization
harassment at work. Despite the difficulty in sharing is aimed at bringing governments, employers and
their stories, they do so because it is a reality the world workers of 187 UN member states together in order to
must know, and to encourage other domestic workers develop labour standards, policies and programmes to
to speak out. As the ILO is currently discussing the further initiate decent work for all women and men.
possible adoption of a new legal instrument on violence Further information can be found on www.ilo.org
and harassment in the world of work, domestic workers
are stepping up and speaking out. 

34
CHILD MARRIAGE IN HUMANITARIAN SETTINGS
Girls Not Brides – The Global Partnership to End Child Marriage
August 2018

Millions of lives are being torn apart by conflict, • For poor families who have lost livelihoods,
disasters and displacement. Girls are hit particularly land and homes because of a crisis, marrying
hard and face many forms of violence. Child marriage their daughter may seem like the only option
has been rising at an alarming rate in humanitarian to alleviate economic hardship. It reduces the
settings. This brief summarises what we know about number of mouths to feed or in some places
this issue and what needs to be done. provides extra income in the form of a bride
viii ix
price. 

Why is this an important issue?
• Families living in crisis-affected contexts often
• Nine out of the ten countries with the highest anticipate a rise in violence and see marriage
child marriage rates are considered either as a way to protect girls. Yet married girls face
i
fragile or extremely fragile states. Seven increased sexual violence within marriage.
out of the twenty countries with the highest In many communities, female sexuality and
child marriage rates face some of the biggest virginity are associated with family honour
ii
humanitarian crises. We cannot ignore child and parents marry their daughters young to
x
marriage in such settings. 
 guarantee their virginity at marriage. 


• Growing evidence shows that in these • In conflict, child marriage also happens against
iii
settings, child marriage rates increase, with a parents’ wishes, as explained later in this brief.

disproportionate impact on girls. While gender
inequality is a root 
cause of child marriage in • Because the reasons for child marriage in
both stable and crisis contexts, often in times different contexts vary greatly, it is critical to
of crisis, families see child marriage as a way understand a particular crisis context and tailor
to cope with greater economic hardship and solutions accordingly. 

to protect girls from increased violence. But
in reality, it leads to a range of devastating Child marriage and conflict
iv
consequences. Several organisations have
even reported cases of girls turning to suicide Conflict devastates millions of lives across the world,
v
as a last resort. forcing families to adopt negative coping mechanisms
to survive. It places women and girls at increased risk of
• Yet, child marriage is not being adequately sexual violence. Rape, torture and forced prostitution,
addressed in humanitarian settings. In their sometimes under the disguise of “marriage”, have been
evaluation of the emergency response to reported to be used as weapons of war weakening
the Syrian refugee crisis in Turkey, UNHCR families and communities often with impunity from
xi
highlighted the insufficient attention to child the law.
marriage as a major gap in the United Nation’s
vi
protection response. • In Yemen, child marriage has increased at an
alarming rate. Over 65% of girls are married
What do we know about child marriage in off before 18, compared to 50% before the
xii
humanitarian settings? conflict.

• Humanitarian settings can encompass a wide • In 2017, child marriage was in the top three key
range of situations before, during, and after protection needs identified by communities in
vii xiii
natural disasters, conflicts, and epidemics. Syria.
They exacerbate poverty, insecurity, and lack
of access to services such as education, factors • In Iraq and Syria, terrorist groups have abducted
which all drive child marriage. 
 girls and women as ‘spoils of war’ to be raped,

35
 sold, offered, and forced into marriage. The girls who can’t prove their age are even more
xxiii
Yazidi minority has been particularly affected. vulnerable.
xiv
• In Lebanon, 41% of young displaced Syrian
xxiv
• In war torn Somalia in 2010 and 2011, girls women are married before 18. 

were abducted from school and forced to
marry fighters of the Islamist armed group • In displacement contexts in the Middle-East
al-Shabaab. Parents refusing to give their and in
Europe, girls who divorce following
xv
daughters away were threatened or killed. a child marriage
are left stigmatised and
xxv
marginalised by their
community.
• In north east Nigeria, various armed opposition
groups use similar methods, as shown by the • In Chad, thousands of cases of sexual and
example of over 270 school girls who were gender- based violence among refugees were
abducted in 2014 and subjected to various reported in 2016. Child marriage is the most
xvi
forms of violence including child marriage. commonly reported form of violence among
xvii
young Sudanese and Central African refugee
xxvi
girls. 

• In some contexts, families use child marriage
to try to protect girls from other types of • In northern Cameroon and Nigeria, families
violence. During the war in Sri Lanka, parents facing extreme poverty in internally displaced
believed that the armed group the Liberation populations and refugee camps often marry off
Tigers of Tamil Eelam (LTTE) would not recruit their girls because of a lack of other alternatives
xviii
married girls. and the breakdown of social networks. In
northern Cameroon marriage is also used as a
xxvii
• More research is needed to understand way to recover family debts. 

underexplored contexts, such the influence
of gang violence on child marriage in Latin • In India, Malaysia and Indonesia, many
xix
America. Rohingya women and girls who fled persecution
in Myanmar became child brides and faced
Child marriage and displacement domestic violence within marriage. 


Conflict drives displacement around the world. In some • In Malaysia and Nigeria, child marriage is also
cases families flee conflict zones because of the risks arranged by brokers, with higher risks of being
xxviii
that girls face in such contexts. Displacement itself can used as a cover for human trafficking. 

also increase girls’ vulnerability to child marriage due
to the breakdown of social networks, the lack of other • In Afghanistan, where thousands of refugees
protection systems, and the risks of sexual violence. were repatriated from Pakistan in 2016, child
In the Kobane refugee community in Turkey, families marriage was identified as a major risk for
xxix
reported fleeing partly to protect girls from sexual returnee children who are not in school. 

xx
violence and forced marriage to armed combatants.
• The reasons and trends of child marriage
• In Syrian refugee communities in Jordan, in these contexts are complex and can vary
child marriage has rapidly increased. Between over time. For example, in the Kurdistan
2011 and 2014, the rates of registered child region of Iraq, child marriage first decreased
marriages almost tripled, from 12% to just among internally
displaced populations, as
xxi
under 32%. Protection of family honour and people became so poor that they couldn’t
control of girls’ sexuality were major drivers afford the cost of a marriage. However, more
xxii
in this context. While it is illegal to marry recently, child marriage has increased among
before 18 in Jordan, the complex process to populations that escaped from Mosul. As
register a marriage and the fact that many single girls were at high risk of sexual violence
refugees lack official identification means that by ISIS fighters in Mosul, families (even the

36
 more educated ones) saw child marriage as a What is being done to address child marriage in such
xxx
form of protection. In Lebanon, while child settings?
marriage happens in both urban areas and in
tented settlements, populations’ concerns There is still much to be done to address child marriage
xxxi
might differ depending on the context. 
 in humanitarian settings. Examples of the type of
approaches Girls Not Brides members and partners are
Child marriage and natural disasters 
 implementing include:

Over the last few decades, the number of natural • Incorporating child marriage as a key issue
xxxii
disasters has been increasing, which threaten into other sectors. In Iraq, Terre des Hommes
access to basic services for girls such as education, thus has integrated child marriage as a key issue
adding to the risk of child marriage. Several countries in their child protection work. They provide
xlviii
with high vulnerability to climate change also have high case management to refugee, internally
xxxiii
child marriage rates. 
 displaced and host communities, discuss it
through theatre in their child-friendly spaces,
• Following the 2004 tsunami, girls in Indonesia, and work with girls and families to promote
India and Sri Lanka were forced into marriage girls’ education. As part of their broader work
with tsunami widowers and in many instances on gender-based violence, the organisation
did so to receive state subsidies for marrying Women for Afghan Women provides shelter to
xxxiv
and starting a family. 
 both girls at risk of child marriage and girls who
are already married. They respond to their
• In Bangladesh and northeast India, extreme urgent needs and refer them to appropriate
poverty and difficult access to education services.
provoked by river erosion and floods often
pushed families to adopt child marriage as a • Identifying girls at risk and girls who are
xxxv
survival strategy. Organisations working already married, understanding their needs,
in urban slums in Dhaka saw many girls and adapting programmes accordingly.
abandon school and migrate to work in the In South Sudan, the Women’s Refugee
garment industry or as maids, and face high Commission is piloting a mobile tool designed
risks of sexual abuse in the slums. Most never by the Population Council – the Girls’ Roster –
xxxvi
returned to school and got married. to help identify girls at risks and their needs.
xlii xliii
In Lebanon, the International Rescue
• In Nepal, anecdotal evidence has shown an Committee (IRC) designed a package of life-
increase in gender-based violence and child skills sessions tailored to the needs of married
marriage following the earthquake in 2015. girls, following their study on child marriage in
xxxvii xliv
A similar increase was reported following the Bekaa region. In various humanitarian
xxxviii
disasters in Lao and the Philippines. settings, CARE International uses “Rapid
Gender Analyses” to learn about why child
• In Somaliland and Mozambique, research marriage happens in different crisis settings,
suggests drought drives child marriage and identify key actors in the response. This
because marrying a girl off frees the family helps them and their local partners to target
xxxix xlv
from providing for her. This contrasts the risk factors for child marriage.
with Ethiopia, where community members
suggested that drought was one of the reasons • Running awareness sessions on child
for a reduction in child marriage as families marriage with community members in
xl xli
could not afford to organise weddings. displaced populations. Save the Children and
CARE have adopted this approach with the
xlix
Syrian refugees in Jordan and Turkey. The
interagency Amani Campaign developed for
the Syrian crisis response uses behavioural and
social change communication and contains

37
 key messages for communities, children and Recognise child marriage as a critical issue in times of
parents, on how to better protect children and crisis as well as in times of stability

l
adults from violence, including child marriage.
In Afghanistan, Cooperation for Peace and Child marriage has devastating consequences for girls
Development has created Community in these settings. It deprives them of any chance of a
Advocacy Groups that include community bright future after a crisis. Child marriage is caused
councils, religious leaders, teachers, elders by a complex set of factors that take root in more
and youths to facilitate inter-gender and stable contexts and are exacerbated in times of crisis.
inter-generational dialogue on various issues, Humanitarian and development efforts to prevent
including child marriage. child marriage and enable girls to thrive must be
complementary. In June 2017, a Human Rights Council
• Offering alternatives to marriage by providing resolution recognised for the first time the need
safe spaces and services to girls. For instance, to address child marriage in humanitarian settings.
Non-Formal Education Centres set up by Plan However, more needs to be done to achieve widespread
International in Pakistan in 2010, or ALVF’s recognition and ensure child marriage in on the agenda
service provision centre in the Langui refugee of humanitarian actors.
camp in Cameroon, offered alternatives to
child marriage in post-conflict or post-disaster Identify risk factors for child marriage by involving
settings. Services included safe spaces, access adolescent girls from the early stages of crises and
to non-formal education including life skills and including their issues in assessments and planning
discussion of gender-related issues, health and
legal services, and financial literacy courses for Better programming requires gender-sensitive
married girls and out-of-school girls living in assessments from the early stages of crises, including
xlvi xlvii
refugee camps. through responses to basic needs such as food
distribution, and through household economic surveys.
lii
• Partnering at the regional and country level to These assessments should be carried out by trained
ensure efforts are coordinated and informed staff and informed by mapping and participatory
by evidence. CARE, Terre des Hommes, consultations with girls, including married girls, who
liii
Women’s Refugee Commission, Oxfam and are often especially vulnerable and isolated. Key
others have come together in a UNICEF-UNFPA- community members that have a major influence on
led group to develop a Regional Accountability adolescent girls’ lives should also be engaged to ensure
Framework of Action to End Child Marriage comprehensive assessments.
(RAF) in the Middle-East and North Africa.
The RAF outlines a comprehensive approach Integrate child marriage prevention and support
to address child marriage in humanitarian to married girls across sectors in any humanitarian
li
contexts in the region. It also includes a response from the early onset of crises
regional research group in partnership with
research institutions to improve understanding Child marriage is a cross-cutting issue, which requires
of the issue and filling evidence gaps about coordinated action across all sectors from the earliest
solutions to address child marriage. stage of crises. The lack of a framework to address
child marriage within emergency management systems
What more needs to be done to address child marriage and structures aggravates the problem. Examples of
in humanitarian settings? responses that can be integrated and, which address
both the risk factors for child marriage and support and
Despite these initiatives, child marriage is not services for married girls include:
adequately addressed in situations of crisis. Considered
a development issue, the practice fails to be addressed • Provide services to adolescent girls - e.g.
within the humanitarian sector, and is often not well access to quality non-formal education,
understood. The following recommendations have reestablishment of formal education as soon as
emerged clearly from Girls Not Brides members: possible after the acute phase of a crisis; safe
spaces coupled with life skills programmes;

38
 economic empowerment; alternatives to marriage in humanitarian settings have been evaluated.
marriage; access to comprehensive health Interventions on other issues such as education, food
information and services including sexual security or poverty, also tend not to measure their
lviii
and reproductive health and psychosocial potential impact on child marriage. More funding
counselling; support to victims of sexual and should support efforts to pilot and evaluate programmes
gender-based violence; legal support; access to understand what works to address child marriage in
to asylum seeking process, etc. these settings and support practitioners operating in
very challenging crisis contexts. More research is also
• Consider girls’ safety and well-being in all other needed to understand how different types of crises
services - e.g. lighting and security in places and phases of crises affect child marriage. Reliable data
such as detention centres, water points, and disaggregated by marital status, gender and age should
latrines; dignity kits, changing rooms; attention be collected to understand the needs and risks of girls
to distances to schools and health services, etc. affected by crises, including for adolescents in the 10-
14 age range. Field research and quality data analysis is
• Ensure that families’ basic needs are met and critical to understand how programmes can be adapted
that they have the resources to care for their for such situations.
daughters without turning to child marriage as
a coping strategy. End notes

• Increase efforts to keep families together i Burkina Faso, Bangladesh, Chad, Central African
where possible in order to avoid the breakdown Republic, Guinea, Mali, Mozambique, Niger and South
of social networks, especially among displaced Sudan are listed as fragile states as defined by OECD.
populations. See definition in States of Fragility 2016: understanding
violence, 2016.
liv
• Build solid registration systems for refugees. 

Child marriage rates are about 40% in Somalia, Ethiopia
ii

• Work with families, communities and young and Nigeria, above 50% in South Sudan and Mali, and
people to address social and cultural norms almost 70% in Chad and Central African Republic.
lv
which influence decisions of child marriage. 
 Moreover, the lack of nationally representative data
in conflict areas such as Syria and Yemen means that
• Recruit female humanitarian staff on the child marriage rates might be underestimated those
ground and train all staff – including camp countries.
managers - to be able to address issues faced
by adolescent girls. iii By “humanitarian settings” we mean contexts
of sudden onset or protracted conflicts or natural
It is important to understand what type of initiative is disasters, contexts in which other events represent
appropriate for various phases of crises. For example a critical threat to the health, safety and wellbeing
addressing food insecurity and poverty might a good of communities (e.g. epidemics, famine and
starting point in acute phases, while community environmental emergencies), and situations of forced
engagement to change social norms might be better migration resulting from these events.
lvi
suited to longer-term displacement and recovery. It
can also be useful to consider what initiatives targeting iv See Girls Not Brides list of useful resources on child
families might be more suited to male or female. For marriage in humanitarian crises.

example, in some contexts men tended to turn to child
v
marriage more as a result of economic hardship while Soutien Belge Overseas, Stories from the ground:
lvii
women would try to protect girls from violence. child marriage in refugee camps, 2018; Lisa Khoury,
Time of Israel, Forced into abusive marriages, Syrian
Invest in the evaluation of programmes addressing child brides increasingly turn to suicide, 1 August 2018
child marriage
vi UNHCR, Evaluation of UNHCR’s Emergency Response
Almost none of the few initiatives to address child to the influx of Syrian Refugees into Turkey, 2016
vii

39
See definition of “crisis” by World Health Organisation, xviii FOKUS Women, Post war trends in child marriage,
2007.
 Sri Lanka, 2015.

viii Gayle Tzemach Lemmon, Fragile States, Fragile xix

Save the Children and UC Berkeley School of Law,
Lives Child Marriage Amid Disaster and Conflict, 2014 Toward an end to child marriage: lessons from research
(accessed March 2016).
 and practice in development and humanitarian sectors,
2018

ix In many communities, the groom’s family has to
pay a certain amount of money to the bride’s family. xx Op.cit. CARE UK, 2015.

A Girls Not Brides member working in Middle-East and
Asia reported that the bride price is critical in parent’s xxi UNICEF, A Study on Early Marriage in Jordan, 2014.

decision to marry off their daughters in Afghanistan
and Papua New Guinea.
 xxii Op.cit. CARE UK, 2015.
xxiii Gayle Tzemach Lemmon
and Rebecca Hughes, Council of Foreign Relations,
x CARE UK, To Protect Her Honour: child marriage in Sixteen and Married: Why Identity Matters for Syrian
emergencies, the fatal confusion between protecting Girls, 16 July 2018

girls and sexual violence, 2015.

xxiv Lebanon crisis response plan 2017-2020.

xi Ibid; World Vision UK, Untying the knot: exploring
early marriage in fragile states, 2013.
 xxv Conversation with Girls Not Brides members in
the region; CNN “Saving Syrian refugees from early
xii Female respondents aged 15 to 49 years in six marriage” 21 February 2017; The Global and Mail “For
governorates. UNICEF, Falling through the cracks. The Syrian refugees, child marriage robs a generation of its
Children of Yemen, 2017. future” 31 March 2017


xiii xxvi UNHCR, 2016 Annual report on SGBV incidents

Among 4,185 communities surveyed across Syria,
69% of all communities and 85% of urban populations among refugees in
reported that child marriage happened in their
community. Protection cluster, 2018 Whole of Syria Chad.

protection needs overview, 2017.

xxvii Conversations with Girls Not Brides members,
xiv UNFPA, State of the World Population 2015, 2016 - 2017
Shelter for the storm: a transformative agenda for
women and girls in a crisis-prone world, 2015; UNPFA, xxviii Survey with 85 Rohingya women and girls
CARE UNICEF, Terre des Hommes, Women’s Refugee conducted by UNHCR. Thomson Reuters Foundation
Commission, University of Bedfordshire, child marriage “Over half of Rohingya girls who fled violence became
in humanitarian settings: spotlight on the situation in child brides - UN survey” 4 May 2017; Op.cit. CARE,
the Arab region, 2018
 2018

xv Human Rights Watch, No place for children: child xxix Save the children, “thousands of children face early
recruitment, forced marriage, and attacks on schools marriage and child labour as education crisis takes hold
in Somalia.
 among afghan children repatriated from Pakistan”, 14
December 2016

xvi Human Rights Watch, Those terrible weeks in their
camp: Boko Haram violence against women and girls xxx Conversation with a member of Girls Not Brides in
in northeast Nigeria, 2014; New York Times, Stephanie Iraq, 2017.
Sinclair “Child, bride, mother: Nigeria”, 27 January 2017

xxxi
American University of Beirut, Women’s Refugee
xvii
CARE, Rapid Gender and GBV Assessment Yobe Commission, A qualitative study exploring child
State: Yunusari and Yusufari, 2018.
 marriage practices among Syrian conflict-affected
populations in Lebanon, 2017


40
xxxii Ninety a year in the 1970s and almost 450 a year in in multiple humanitarian contexts..

the last decade, as cited in Plan International, Because I
am a Girl: The State of the World’s Girls 2013. In Double xliv IRC, interactive format of a study about child
Jeopardy: Adolescent Girls and Disasters, 2013. marriage in the Beeka region, Lebanon, 2016.


xxxiii Conversation with Girls Not Brides members from xlv Conversation with CARE International UK, 2017.

Bangladesh citing Center for Global Development,
“Mapping the impacts of climate change”.
xxxiv Op. Cit. xlvi Op.cit. ICRW and Girls Not Brides brief, 2016.

Plan International, 2013.

xlvii Department for International Development,
xxxv Human Rights Watch, Marry before your house is briefing paper, Violence against women and girls in
sept away: child marriage in Bangladesh, 2015; Girls Not humanitarian emergencies, October 2013.

Brides, “How is climate change driving child marriage?”
2017; R.Mohan, “Trouble Waters: child brides in flood- xlviii GBV Case management is a structured method
ravaged Assam, India” Aljazeera America, December for providing help to a survivor of violence. It involves
19, 2014. informing survivors of all the options available to
them, following up on the issues that they face in a
xxxvi Conversation with Girls Not Brides members in coordinated way, and providing emotional support
Bangladesh, 2017. throughout the process. Interagency case management
guidelines, 2017.

xxxvii Experience from two Girls Not Brides members
working in Nepal. xlix Save the children, Submission to the Office of the
High Commissioner for Human Rights (OHCHR) report
xxxviii
International Federation of Red Cross and Red on Child, Early and Forced marriage, UNGA Resolution
Crescent Societies. The responsibility to prevent 69/156, February 2016. Op.cit. CARE UK, 2015, pp.4-5

and respond to sexual and gender-based violence in
disasters and crises. Research results from Indonesia, l Save the children, Amani Campaign: Interagency child
Lao PDF and the Philippines, 2018
 protection and GBV campaign.


xxxix Op.cit. World Vision UK, 2013; CARE, Hope dries li Op.Cit, UNPFA & al. 2018

up? Women and Girls coping with Drought and Climate
lii
Change in Mozambique, 2016.
 Op.Cit. Save the Children & UC Berkeley School of
Law, 2018

xl Conversation with CARE International UK – the
relation between drought and child marriage has been liii Although the Inter-Agency Standing Committee
explored during a rapid assessment carried out by CARE (IASC) Gender Marker assesses whether a humanitarian
in the region in 2016.
 intervention works towards gender equality is also a
positive step for more gender-sensitive action, it does
xli Similarly, evidence from Niger showed that the not include an age distinction to help capture efforts
food crisis led in increase of child marriage in some towards adolescent girls.

communities and decrease in others (Op. Cit. Plan
liv
International, The State of the World’s Girls 2013). Op.Cit. Gayle Tzemach Lemmon and Rebecca
Hughes, 2018

xlii Women’s Refugee Commission, I’m Here: Adolescent
girls in emergencies, approach and tools for improved lv E.g. bridging development and humanitarian practices
response, 2015; Case study in South Sudan.
 by implementing community-based interventions
involving community dialogues and collective process
xliii The Women’s Refugee Commission also partners of questioning harmful social norms.
with International Medical Corps, International Rescue
lv
Committee and Danish Refugee Council to pilot Op.Cit. Save the Children & UC Berkeley School of
interventions to prevent and respond to child marriage Law, 2018

41
lvi
Op.Cit. Save the Children & UC Berkeley School of
Law, 2018


lvii
ABAAD & Queen’s University, Caught in
Contradiction, making sense of child marriage among
Syrian refugees in Lebanon, 2018

ABOUT

Girls Not Brides a constant cooperation of over 1000

civil society organisations. It follows the aim of ending
child marriage and giving girls the opportunity to fulfill
their full potential.

Further information can be found on girlsnotbrides.org

42
A STEP-BY-STEP PATHWAY: RESCUING WOMEN FROM MODERN DAY SLAVERY
A project by APRAMP (Association for Prevention, Reintegration and Care of Prostituted Women) nominated as
GOOD PRACTICE by EIGE (European Institute for Gender-Equality)
1980 – Ongoing, Spain

Summary The initiative involves strong networking collaboration

with public sector bodies, such as the police, judicial
Rescuing Women from Modern Day Slavery is a system, healthcare and social services, and with other
comprehensive step-by-step pathway to release women NGOs. It contributes to the further development of
victims of human trafficking for sexual exploitation these services.
from their situation of violence and associated poverty
and to enable their full integration in society and in An NGO action in line with current policy responses
the labour market. The steps include: identifying the
women; supporting them into safe spaces; providing The “Palermo Protocol” and several guidelines and
pre-employment supports to them; and enabling them recommendations of the United Nations set the context
to take up training and employment possibilities. The at a global level for the fight against human trafficking.
promoter of the initiative, ARAMP Association for The “EU Strategy towards the Eradication of Trafficking
the Prevention, Reintegration and Care of Prostituted in Human Beings 2012–2016”, and the “Directive
Women (Asociación para la Prevención, Reinserción 2011/36/EU, on preventing and combating trafficking
y Atención a la Mujer Prostituida), is an NGO with 25 in human beings and protecting its victims” offer a
years of expertise in supporting women and girls who comprehensive and integrated approach to the issue at
are victims of human trafficking and sexual exploitation a European level. They focus on law enforcement and
in Spain. on prevention of the crime and ensuring that victims of
human trafficking are given an opportunity to recover
Victims of human trafficking face particular barriers and to reintegrate into society.
in seeking to move out of poverty. These include the
psychological and emotional consequences of sexual In Spain, the “Plan to fight against human trafficking and
exploitation that remain for a long time after their sexual exploitation of women and girls” (September
release, economic dependence on the procurers, 2015) provides a context that includes activities to raise
lack of awareness of their situation where, as a awareness and promote cooperation with countries
psychological defence, they can even end up accepting of origin through diplomatic bodies. It provides for
and regarding it as “normal”, the intersections of being psychological and social rehabilitation of victims of
women and irregular migrants, and stigma from society human trafficking and employment pathways for
that perpetuates their isolation and vulnerability. them. It reinforces police strategies to fight against the
criminal networks involved and improves institutional
These women have to first be liberated from the coordination. It includes the development of research
violence of sexual exploitation in order to address their and studies to improve knowledge about and
poverty. Their poverty includes and goes beyond this understanding of the problem.
violence to encompass low self-esteem and stigma, lack
of family or social links, lack of Spanish, low education APRAMP is a Spanish NGO with 25 years of experience in
levels, distance from the formal labour market, and supporting women and girls who are victims of human
irregular legal status. trafficking and sexual exploitation. ARAMP works in
line with this broad policy context and implements this
More than 500 women are released from sexual initiative of a step-by-step pathway to rescue women
exploitation every year. More than 700 women from modern day slavery.
receive economic, social, training and employment
support annually. Their employability is enhanced About 40,000-50,000 people in Spain are victims of
and economic independence becomes possible. The human trafficking for sexual exploitation
participation of women who have escaped human
trafficking as volunteers has contributed to the success About 40,000-50,000 people in Spain are victims of
of the initiative. human trafficking for sexual exploitation purposes,

43
according to estimates by the Ministry of Home Affairs. accepting and regarding it as “normal”
This data reflects just a portion of the overall problem.
Women and girls are more susceptible to trafficking • The intersections of being women and irregular
and to experiencing more negative consequences due migrants
to the abuse and the stigma they endure. The gender
specific nature of this issue can be seen where the • Stigma from society that perpetuates their
percentage of women among these victims is around isolation and vulnerability.
95%.
The step-by-step pathway initiative
Human trafficking networks deceive women and girls in
their countries of origin, such as Morocco, Sub-Saharan The initiative is organised across several stages of a
Africa, Eastern Europe and Latin America, by promising pathway to release women who have been trafficked
them a job in Spain as an escape from poverty. The for sexual exploitation from this violence and from the
victims then face pressure, including psychological poverty that accompanies and is exacerbated by it. It
pressure, and threats, including threats of violence seeks to integrate them into society as free people with
to themselves and their families at home that erode dignity and social inclusion.
their self-determination and build a virtual gaol to
incarcerate them. This is compounded by their lack The first step is the identification of the victims. This
of legal status as migrants, the exorbitant debts that is done by a Mobile Rescue Unit that covers areas
have to be paid back, their isolation from society and where the women are likely to be found. It involves
educational, cultural and language barriers. collaboration with the police, judicial bodies and other
NGOs. An emergency 24-hour phone line is made
Poverty in their country of origin has rendered available. The various supports required by the women
these women and girls susceptible to this gender- such as police and judicial support to escape from
based violence. Gender based violence in turn has trafficking networks and violence, and legal support to
trapped these women and girls in situations of access a legal migrant status are coordinated.
criminal exploitation and poverty on arrival in Spain.
It is necessary to liberate these women and girls from The second step takes the women out of their high-risk
this violence in order to address their poverty. This situation. A network of sheltered housing is available.
poverty includes and goes beyond this violence to Psychological rehabilitation and emotional assistance
encompass low self-esteem and stigma associated are provided.
with prostitution, lack of family or social links, lack of
Spanish, low education levels, distance from the formal The third step is the provision of pre-employment
labour market, and irregular legal status, in spite of support for the women. This includes training in such
the fact that victims of sexual exploitation are entitled as digital literacy, job seeking skills, Spanish language,
to asylum under Spanish legislation. The women and and some vocational training. Employment possibilities
girls face particular vulnerability in lacking economic and access to economic benefits offering an alternative
independence in a context of sexism and violence. to exploitation are explored during this step.

There are particular barriers faced by women and The next step is called the Integral Assistance
girls who are victims of human trafficking for sexual Programme. It involves proposing training and
exploitation that need to be addressed if they are also employment alternatives to the women, once they are
to escape from poverty. They are subject to: ready for them. This training and employment proposal
last usually for one year. It requires a commitment to
• Psychological and emotional consequences of actively participate in the Individual social and labour
sexual exploitation that are long-term insertion project. Insertion in the labour market and
inclusion in society are both promoted, enabling the
• Economic dependence on the procurers economic independence and the empowerment of the
women.
• Lack of awareness of their situation where, as
a psychological defence, they can even end up The initiative depends on the valuable collaboration

44
of women who have been victims in the past and now services.
work as volunteers with the initiative. The experience
of these women is crucial in finding and identifying • 703 women participated in pre-labour training
victims of human trafficking, as well in providing an such as digital literacy or job seeking skills.
empathic approach throughout the pathway.
• 336 women participated in specific training
Working together against modern slavery in lifting such as textile, handcraft and care of older
victims out of poverty people.

The initiative invests in strengthening networks and • 351 women received social and labour
collaboration with existing resources in the public guidance and support.
sector such as the police, judicial system, healthcare
and social services, and with other NGOs. These APRAMP, the project promoter, has received numerous
organisations and services are essential to securing the awards and recognitions including: the Human Rights
pathway from sexual exploitation and poverty to social Award 2015 from the Association for Human Rights,
inclusion and labour market insertion. Spain; the Golden Cross for Social Solidarity 2013
from the Spanish Ministry of Health, Social Services
This collaboration includes knowledge sharing with and Equality; the Cross for Police Merit with White
other professionals involved in the response to the Distinction 2013 from the Ministry for Home Affairs, as
problems. It seeks to promote a common understanding proposed by DG Police; the Diploma from the Guardia
of human trafficking for sexual exploitation. In this Civil (police forces) 2013 for its coordinated work that
way the initiative contributes to the development of has resulted in benefits for citizenship; and the Human
institutional capacity, which is an important and long- Rights Award 2011 from the French Republic: Liberté,
term impact. In 2014 Specific Guides were published Egalité, Fraternité.
by the initiative for the intervention of healthcare
professionals, journalists and police in relation to this ABOUT
issue.
The Association for the Prevention, Reintegration and
More than 500 women freed from sexual exploitation Care of Prostituted Women (APRAMP) has the aim of
and entered on a pathway out of poverty giving individuals who suffer sexual exploitation and
human trafficking back their freedom and dignity.
The initiative supports more than 500 women every Further, APRAMP fights for their rights and their
year out of sexual exploitation and violence. More necessary autonomy to start a new life – far away from
than 700 women are supported annually on pathways their exploiters. Further information can be found on:
towards social inclusion and labour market insertion. In www.apramp.org
2014, for example:
The European Institute for Gender Equality (EIGE)
• The “Mobile Rescue Unit” entered 287 places was established to promote and further implement
where victims of human trafficking could be gender equality within the European Union, its policies
found, with an ongoing intervention in 229 of and national policies. It is an autonomous body with
them - 22 closed spaces, such as clubs; 12 open the mandate of raising EU citizens’ awareness of the
spaces, such as streets; and 195 hidden spaces, importance of gender equality and the elimination of
such as flats. discrimination of women. Further information can be
found on: www.eige.europa.eu.
• The emergency 24-hour phone line responded
to 1,485 phone calls.

• 3,867 women received initial information and

guidance.

• 1,284 women were registered in the various

45
EXCERPTS OF A REPORT ON A STATE MISSION
Special Rapporteur on trafficking in persons, especially women and children on her mission to Cuba
30 April 2018, A/HRC/38/45/Add.1

A. Forms and manifestations of trafficking in persons opportunities, particularly outside the capital. Clearly,
the flourishing tourism that involves many Cubans is
4. Available data indicate that Cuba is a source country a promising trend and an opportunity for economic
and to some extent a transit country for trafficking development, in particular for self- employment (i.e.
in persons. Victims of internal trafficking in Cuba are for cuentapropistas).
women, girls and boys who are subjected to trafficking 9. However, in the tourism sector especially, demand
for sexual exploitation by family members or close for commercial sexual services could emerge as an
relatives. underlying factor contributing to trafficking in women
and children for sexual exploitation. Within this sector,
5. As a source country for trafficking, Cuban girls and the possibility of trafficking for labour exploitation
women are trafficked for labour and sexual exploitation cannot be ruled out either, especially in regard to
through deceptive promises or advertisements of the emerging non-State businesses operating in the
employment in the entertainment industry, usually via tourism sector.
the Internet or mobile phones outside Cuba, that then
turn into forced prostitution. Traffickers are usually 10. The economic, commercial and financial embargo
Cuban family members, partners or acquaintances imposed by the United States of America against Cuba
who work with foreign counterparts in the countries of for over half a century has a negative impact on efforts by
destination. Cuba to prevent and address trafficking. The embargo is
consistently condemned by Cuba and the international
6. Cubans attempting to reach the United States of community for violating international law. The General
America through Central and South American States Assembly, through its annual resolutions, calls for the
such as Colombia, Ecuador, Mexico and Panama are economic, commercial and financial embargo imposed
likely to be trafficked while en route by those who by the United States of America against Cuba to be ended
abuse their vulnerability and exploit them sexually or (see Assembly resolution 72/4, as well as A/72/94). The
for labour (see paras. 16 and 17 below). There are also Inter-American Commission on Human Rights rejects
transnational cases of trafficking for sexual exploitation the continuation of the economic sanction because
from Angola, China and Turkey, and to a lesser extent of its disproportionate and indiscriminate impact on
from Belgium, Equatorial Guinea, Guyana, Spain, the general population, and has repeatedly called
Suriname and the United Kingdom of Great Britain and on the United States Congress to lift it.2The Special
Northern Ireland.1 Rapporteur on trafficking in persons, especially women
and children acknowledges that the embargo has not
7. Cuba also faces challenges as a transit country for improved human rights in the country; on the contrary,
trafficked persons. Migrants from as far away as Africa it has a negative impact on social and economic rights
and Asia, in search of alternative routes to the United of Cubans and should be lifted. The consequences of
States, can be found in the country. While they initiated the embargo — which imposes indiscriminate hardship
their migration freely, some may find themselves in on the population — exacerbate the vulnerabilities of
situations akin to trafficking when they are compelled both Cubans and migrants in transit in the country,
into labour exploitation or sexual exploitation while and therefore increase the risk of an expansion in the
en route in order to repay their travel-related debts or trafficking of persons.
when they accept deceitful promises or solutions that
result in exploitation. 11. Given the scarce available data on trafficking in
persons, the Special Rapporteur found it difficult to
8. The root causes of trafficking include limited economic assess the exact scope and magnitude of trafficking
1 Ministry of Foreign Affairs, “Informe de Cuba sobre la prevención y
in persons, especially women and children, in the
enfrentamiento a la trata de personas y la protección a las víctimas”(2016),
p. 21. 2  Inter-American Commission on Human Rights, report on Cuba
(2016), available at www.oas.org/en/iachr/docs/annual/2016/docs/
InformeAnual2016cap.B.Cuba-en.pdf.

46
country. Anti-trafficking work is at its initial stages, as
are the legal and institutional protection frameworks 14. So far, trafficking for purposes of sexual exploitation
for victims of trafficking. This reinforces the problem’s has mainly occurred within the close family or couple
invisibility; the extent, trends and manifestations are context, but it can also be carried out by organized
therefore unknown. groups of criminals, especially in destination countries.

1. Trafficking of girls, boys and women for 2. Trafficking for labour exploitation and sexual
sexual exploitation exploitation

12. Identified cases of internal trafficking reveal that 15. The extent of trafficking for labour exploitation,
victims of trafficking in Cuba are girls, boys and women including of children, is not known. Available
who are, for the most part, subjected to trafficking for information indicates that young people are trafficked
the purposes of sexual exploitation. According to official out of Cuba for labour exploitation through promises
sources, children (both boys and girls) as young as 10 of employment as waiters, dancers or manicurists by
are forced by family members or close relatives to have traffickers who arrange for their travel, migration and
sexual relations with foreigners and Cubans in order to employment contracts.6
sustain the family financially.3 Moreover, adult women
are forced into prostitution/sex work and commercial 16. The Special Rapporteur has heard first-hand
sexual exploitation by their partners, who use means accounts of young, educated Cuban girls trafficked
such as threats, force, abuse of power, and control of — by Cubans and foreigners — to China and Turkey
their earnings.4 In some instances, these women are on the basis of deceptive promises of employment in
trafficked by their partners from their home towns the entertainment industry. Once in the destination
to work in Havana. The Special Rapporteur cautions country, they found that their employment conditions
that in view of the burgeoning tourism industry, were slavery-like, with long hours and no salaries
the probability of trafficking for sexual exploitation, until they repaid the travel, food and accommodation
including that involving children, is likely to increase if expenses owed to their traffickers. Their passports
the issue is not properly addressed by the authorities. were taken away to prevent them from fleeing, and
some became irregular migrants as a result of non-
13. Cuba is also a source country for sex trafficking of renewal of their residence or work permits. This, along
women and girls. In this regard, the Special Rapporteur with language barriers, prevented them from seeking
received first-hand information about a case involving help from local authorities. Besides exploiting them
the trafficking of a Cuban woman out of the country. at work, the traffickers eventually forced them into
The case involved a 23-year-old woman who had taken prostitution. Upon their return to Cuba, some victims
up an offer of employment from a Cuban woman, become traffickers themselves, thus perpetuating the
to work as a hostess in a club in Angola, only to find cycle of trafficking.7
herself in a situation of forced prostitution to repay
the travel, visa and accommodation expenses covered 17. Moreover, Cubans migrate to South and Central
by the Cuban trafficker and her Angolan counterparts. American countries, mostly in order to reach the
Her passport had been confiscated and she had been United States where — until it was discontinued in
unable to travel until she managed to repay her debt January 2017 — they benefited from a “wet foot, dry
and a hefty commission to the club from her earnings. foot” policy that granted permanent residence to those
Similarly, 21 Cuban women had been trafficked for who arrived via a port of entry, even without a visa.8 In
sexual exploitation to Turkey, after having entered into this regard, 56,406 Cubans entered the United States in
deceful employment contracts in Cuba.5 2016, up by 31 per cent from 2015 and by 78 per cent
3  Ministry of Foreign Affairs, “Cuba’s report on legal and punitive actions
against trafficking in persons and other forms related to sexual exploitation 6  Ministry of Foreign Affairs, “Cuba’s report on legal and punitive actions
or abuse” (2015 and 2013), available at www.minrex.gob.cu/en/cubas- against trafficking in persons and other forms related to sexual exploitation
report-legal-and-punitive-actions-against-trafficking-persons-and- other- or abuse” (2015), p. 19.
forms-related-sexual and www.minrex.gob.cu/es/node/30706. 7  Ibid, p. 20.
4  Ibid. 8  White House, Office of the Press Secretary, statement by the
5  Ministry of Foreign Affairs, “Informe de Cuba sobre la prevención y President on Cuban immigration policy (January 2017), available at
enfrentamiento a la trata de personas y la protección a las víctimas” https://obamawhitehouse.archives.gov/ the-press-office/2017/01/12/
(2016). statement-president-cuban-immigration-policy.

47
from 2014,9 following the lifting of travel restrictions by exploitation and sexual exploitation.
the Government of Cuba in 2016 and the announcement
of the renewal of ties between the two countries. 20. Moreover, Cuba provides skilled labour, especially
There is information that Cubans attempting to reach in the areas of health, education and sport, to other
the United States through Colombia, Ecuador, Mexico countries. According to the Government, participation
or Panama are likely to be trafficked by those who in such programmes is voluntary and based on a
exploit their vulnerability while en route. For instance, contract outlining the wages, benefits, and working and
in August 2016, more than 1,000 Cuban migrants were living conditions. Those conditions, which also include
reportedly stranded in Colombia, close to the border a contribution of part of their wages to supporting the
with Panama, and were at risk of being trafficked by development of the health-care system in Cuba, can be
people who exploit their precarious situation and their accepted or rejected by the participants prior to their
need to continue their journey. In July of the same year, departure.
121 Cuban migrants were allegedly deported from
Ecuador without proper notification or the opportunity 21. While acknowledging the value of such programmes,
to appeal against the decisions.10 In such cases, it is not the Special Rapporteur however learned of allegations
uncommon that some may become potential victims where “although the workers voluntarily accept to be
of trafficking, both for labour exploitation and sexual part of these programmes and to leave Cuba, once
exploitation. they arrive in their country of destination the voluntary
nature of this agreement ends in so far as their freedom
18. In addition, there are indications that Cuba is a of movement is restricted, given that their passports or
transit country for trafficked persons. Migrants from identity documents are withheld; they cannot choose
as far away as Africa and Asia in search of alternative their place of residence or refuse conditions of work,
routes to the United States have been found in the and they are only paid a very small portion of the wage
country. Although they initiated their migration agreed upon by the governments who are parties to
freely, some may find themselves in situations akin to the cooperation agreement”.11 The Special Rapporteur
trafficking en route to their destination. encourages the Government to be aware of human
rights violations linked to the withholding of wages and
3. Trafficking for labour exploitation to restrictions on freedom of movement, in order to
prevent these unintended effects from materializing.
19. Information about internal trafficking for labour
exploitation purposes was not available. With the recent ABOUT
economic changes that allow for self-employment
and for the development of small businesses in Currently Dr. Maria Grazia Giammarinaro holds the
some sectors, the State-owned tourism sector has position of the United Nations Special Rapporteur on
also opened up to non-State businesses to meet the trafficking in persons, especially women and children.
increased demand for tourism, particularly through Her mandate is to take action as soon as there has
the opening and managing of restaurants (paladares), been a failure to protect the human rights of trafficked
private room rental (casas particulares), and self- persons. Further information can be found on www.
employment (trabajadores cuentapropistas) serving ohchr.org.
the industry, such as private construction companies
and taxi drivers. While these changes constitute a great
opportunity for economic development, attention
should be paid to preventing labour exploitation that
may amount to trafficking, particularly in the tourist
industry which is affected globally by both labour
9  Pew Research Center, “Surge in Cuban immigration to United
States continued through 2016” (January 2017), available at www.
pewresearch.org/fact-tank/2017/01/13/cuban-immigration-to-u-s-
surges-as-relations-warm/. 11  International Labour Organization Committee of Experts on the
10  Inter-American Commission on Human Rights, “IACHR deeply Application of Conventions and Recommendations, Direct Request on
concerned about the situation of migrants in Colombia close to the Forced Labour Convention, 1930 (No. 29) — adopted 2014, published
Panama border” (August 2016), available at www.oas.org/en/iachr/ 104th ILC session (2015), available at www.ilo.org/dyn/normlex/
media_center/preleases/2016/112.asp. en/f?p=NORMLEXPUB: 13100:0::NO::P13100_COMMENT_ID:3187939.

48
“I LOST MY DIGNITY”: SEXUAL AND GENDER-BASED VIOLENCE IN THE SYRIAN
ARAB REPUBLIC
Conference room paper of the Independent International Commission of Inquiry on the Syrian Arab Republic
8 March 2018, A/HRC/37/CRP.3

Summary and outrages upon personal dignity. These acts also

contravene fundamental international human rights
Sexual and gender-based violence against women, norms including the right to life, liberty and security
girls, men, and boys has been a persistent issue in Syria of person, the right to freedom from torture and other
since the uprising in 2011. Parties to the conflict resort forms of cruel, inhuman, or degrading treatment, and
to sexual violence as a tool to instil fear, humiliate the right to the highest attainable standard of physical
and punish or, in the case of terrorist groups, as part and mental health.
of their enforced social order. While the immense
suffering induced by these practices impacts Syrians Throughout areas under its control, Hay’at Tahrir al-
from all backgrounds, women and girls have been Sham (led by former Jabhat al-Nusra command) caused
disproportionally affected, victimised on multiple severe psychological and physical harm to women,
grounds, irrespective of perpetrator or geographical girls, and men, by imposing religious dress codes and,
area. in the case of women and girls, denying their freedom
of movement without a male relative. Edicts formally
Government forces and associated militias have delivered to populations residing under HTS control
perpetrated rape and sexual abuse of women and girls disproportionately impacted women and girls and
and occasionally men during ground operations, house evinced discriminatory treatment on the basis of sex, in
raids to arrest protestors and perceived opposition breach of international human rights norms. The use of
supporters, and at checkpoints. In detention, women unauthorised courts by HTS and various armed groups
and girls were subjected to invasive and humiliating to execute women and sexual minorities constitute
searches and raped, sometimes gang- raped, while male the war crime of murder, and seriously contravene
detainees were most commonly raped with objects international human rights norms, including the right to
and sometimes subjected to genital mutilation. Rape life, liberty and security of person, the right to freedom
of women and girls was documented in 20 Government from torture and other forms of cruel, inhuman, or
political and military intelligence branches, and rape of degrading treatment, and the right to the highest
men and boys was documented in 15 branches. Sexual attainable standard of physical and mental health.
violence against females and males is used to force
confessions, to extract information, as punishment, During the height of its power, the Islamic State in Iraq
as well as to terrorise opposition communities. and the Levant (ISIL) discriminated against women,
Rapes and other acts of sexual violence carried out girls, and sexual minorities as a matter of policy.
by Government forces and associated militias during Stoning of women and girls on charges of adultery
ground operations, house raids, at checkpoints, and and executions of homosexuals were recurrent in
during detention formed part of a widespread and areas under ISIL control, as were forced marriages of
systematic attack directed against a civilian population, Sunni women and girls to ISIL fighters. ISIL’s rule placed
and amount to crimes against humanity. After February women and girls under the control of male relatives,
2012, these acts also constitute the war crimes of rape effectively restricting their freedom of movement and
and other forms of sexual violence, including torture removing them from public life.
and outrages upon personal dignity.
Those found to violate ISIL’s strict dress code, most
Though considerably less common than rape by commonly women but also girls as young as 10, were
Government forces and associated militias, incidents punished with lashings. These acts constituted the
of female rape by members of armed groups were war crime of torture, cruel or inhuman treatment,
also documented. Rapes and other forms of sexual and outrages upon personal dignity against women.
violence carried out by armed group members after Executions further constituted the war crime of murder
February 2012 constitute the war crimes of rape and also amount to serious breaches of international
and other forms of sexual violence, including torture human rights norms, including denial of the right to life

49
and the right to be free from discrimination. Further,
the well-documented crimes of ISIL and their terrorising
of the civilian population in ar-Raqqah and Dayr az-
Zawr governorates formed part of a widespread or
systematic attack directed against a civilian population.
By targeting sexual minorities and depriving them of
their fundamental rights, ISIL’s treatment of sexual
minorities constituted the crime against humanity of
persecution.

ABOUT

Independent International Commission of Inquiry on

the Syrian Arab Republic is mandated to investigate
human rights violations within the Syrian Arab republic.
Further information can be found on www.ohchr.org.

50
© “Heydy, 17 years old” illustrated by Erika de Canella

No Estamos Todas is an illustration project to visualize victims of feminicides and transfemicides in Mexico. A collection
of their meaningful work complements this tenth volume of FEMICIDE. Further information can be found on www.
noestamostodas.com.

51
GLOBAL ESTIMATES OF MODERN SLAVERY, FORCED LABOUR AND FORCED
MARRIAGE
International Labour Organization and Walk Free Foundation
2017, Geneva

Executive Summary exploitation of children, and state-imposed forced

labour.
The 2017 Global Estimates of Modern Slavery are
presented as a contribution to the Sustainable Due to limitations of the data, as detailed in this report,
Development Goals (SDGs), in particular to Target 8.7, these estimates are considered to be conservative.
which calls for effective measures to end forced labour,
modern slavery, and human trafficking, as well as child The global figures
labour in all its forms. It is intended to inform policy
making and implementation of target 8.7 and related An estimated 40.3 million people were victims of
SDG Targets. These include eliminating all forms of modern slavery in 2016. In other words, on any given
violence against all women and girls in public and private day in 2016, there were likely to be more than 40 million
spheres, including trafficking and sexual and other men, women, and children who were being forced to
types of exploitation (SDG 5.2), eliminating all harmful work against their will under threat or who were living
practices, such as child, early, and forced marriage and in a forced marriage that they had not agreed to.
female genital mutilations (SDG 5.3), ending abuse,
exploitation, and trafficking of children (SDG 16.2), and Of these 40.3 million victims:
facilitating orderly, safe, and responsible migration and
mobility of people, including through implementation • 24.9 million people were in forced labour.
of planned and well-managed migration policies (SDG That is, they were being forced to work under
10.7). threat or coercion as domestic workers, on
construction sites, in clandestine factories, on
The estimates herein are the result of a collaborative farms and fishing boats, in other sectors, and
effort between the International Labour Organization in the sex industry. They were forced to work
(ILO) and the Walk Free Foundation, in partnership by private individuals and groups or by state
with the International Organization for Migration authorities. In many cases, the products they
(IOM). They benefited from inputs provided by other made and the services they provided ended up
UN agencies, in particular the Office of the High in seemingly legitimate commercial channels.
Commissioner for Human Rights (OHCHR). In the Forced labourers produced some of the food
context of this report, modern slavery covers a set of we eat and the clothes we wear, and they have
specific legal concepts including forced labour, debt cleaned the buildings in which many of us live
bondage, forced marriage, other slavery and slavery or work.
like practices, and human trafficking. Although modern
slavery is not defined in law, it is used as an umbrella • 15.4 million people were living in a forced
term that focuses attention on commonalities across marriage to which they had not consented.
these legal concepts. Essentially, it refers to situations That is, they were en- during a situation that
of exploitation that a person cannot refuse or leave involved having lost their sexual autonomy
because of threats, violence, coercion, deception, and/ and often involved providing labour under the
or abuse of power. guise of “marriage”.

The Global Estimates of Modern Slavery focus on two Women and girls are disproportionately affected by
main issues: forced labour and forced marriage. The modern slavery, accounting for 28.7 million, or 71 per
estimate of forced labour comprises forced labour in cent of the overall total. More precisely, women and
the private economy (forms of forced labour imposed girlsrepresent99percentofvictimsof forced labour in
by private individuals, groups, or companies in all the commercial sex industry and 58 per cent in other
sectors except the commercial sex industry), forced sectors, 40 per cent of victims of forced labour imposed
sexual exploitation of adults and commercial sexual by state authorities, and 84 per cent of victims of forced

52
marriages. Forced labour exploitation

One in four victims of modern slavery were children. An estimated 16 million people were in forced labour in
Some 37 per cent (5.7 million) of those forced to marry the private economy in 2016. More women than men
were children. Children represented 18 per cent of are affected by privately imposed forced labour, with
those subjected to forced labour exploitation and 7 9.2 million (57.6 per cent) female and 6.8 million (42.4
per cent of people forced to work by state authorities. per cent) male. Half of these men and women (51 per
Children who were in commercial sexual exploitation cent) were in debt bondage, in which personal debt
(where the victim is a child, there is no requirement of is used to forcibly obtain labour. This proportion rises
force) represented 21 per cent of total victims in this above 70 per cent for adults who were forced to work
category of abuse. in agriculture, domestic work, or manufacturing.

In the past five years, 89 million people experienced Among cases where the type of work was known, the
some form of modern slavery for periods of time largest share of adults who were in forced labour were
ranging from a few days to the whole five years. The domestic workers (24 per cent). This was followed by
average length of time victims were in forced labour the construction (18 per cent), manufacturing (15 per
varied from a few days or weeks in some forms imposed cent), and agriculture and fishing (11 per cent) sectors.
by state authorities to nearly two years for forced
sexual exploitation. Most victims of forced labour suffered multiple forms
of coercion from employers or recruiters as a way of
The regional figures preventing them from being able to leave the situation.
Nearly one-quarter of victims (24 per cent) had their
Modern slavery occurred in every region of the world. wages withheld or were prevented from leaving
Modern slavery was most prevalent in Africa (7.6 per by threats of non-payment of due wages. This was
1,000 people), followed by Asia and the Pacific (6.1 per followed by threats of violence (17 per cent), acts of
1,000) then Europe and Central Asia (3.9 per 1,000). physical violence (16 per cent), and threats against
These results should be interpreted cautiously due to family (12 per cent). For women, 7 per cent of victims
lack of available data in some regions, notably the Arab reported acts of sexual violence.
States and the Americas.
Forced sexual exploitation of adults and commercial
For forced labour specifically, the prevalence is highest sexual exploitation of children
in Asia and the Pacific, where four out of every 1,000
people were victims, followed by Europe and Central An estimated 3.8 million adults were victims of forced
Asia (3.6 per 1,000), Africa (2.8 per 1,000), the Arab sexual exploitation and 1.0 million children were
States (2.2 per 1,000) and the Americas (1.3 per 1,000). victims of commercial sexual exploitation in 2016. The
vast majority of victims (99 per cent) were women and
While noting limits of the data in key regions, particularly girls. More than seven in ten victims were exploited in
the Arab States, the data suggests prevalence of forced the Asia and the Pacific region. This was followed by
marriage is highest in Africa (4.8 per 1,000), followed Europe and Central Asia (14 per cent), Africa (8 per
by Asia and the Pacific (2.0 per 1,000). cent), the Americas (4 per cent), and the Arab States
(1 per cent).
Forced labour
State-imposed forced labour
This study examined different forms of forced labour,
distinguishing between forced labour imposed by There were an estimated 4.1 million people in state-
private actors (such as employers in private businesses) imposed forced labour on average in 2016. They
and that which was imposed by states. Of the 24.9 included citizens recruited by their state authorities
million victims of forced labour, 16 million were in the to participate in agriculture or construction work for
private economy, another 4.8 million were in forced purposes of economic development, young military
sexual exploitation, and 4.1 million were in forced conscripts forced to perform work that was not of
labour imposed by state authorities. military nature, those forced to perform communal

53
services that were not decided upon at the community Conclusions
and way forward
level and do not benefit them, or prisoners forced
to work against their will outside] the exceptions Ending modern slavery will require a multi-faceted
established by the ILO supervisory bodies. response that addresses the array of forces –
economic, social, cultural, and legal – that contribute
Forced marriage to vulnerability and enable abuses. There can be no
one-size-fits-all solution; responses need to be adapted
In 2016, an estimated 15.4 million people were living to the diverse environments in which modern slavery
in a forced marriage. Of this total, 6.5 million cases had still occurs. But it is nonetheless possible to identify
occurred in the previous five years (2012-2016) and the some overarching policy priorities in the lead-up to
remainder had taken place prior to this period but had 2030 from the Global Estimates and from experience
continued into it. to date.

While men and boys can also be victims of forced Stronger social protection floors are necessary to
marriage, most victims (88 per cent) were women and offset the vulnerabilities that can push people into
girls, with more than a third (37 per cent) of victims modern slavery. Extending labour rights in the informal
under 18 years of age at the time of the marriage. economy – where modern slavery is most likely to occur
Among child victims, 44 per cent were forced to marry – is needed to protect workers from exploitation. Given
before the age of 15 years. While noting limits of the that a large share of modern slavery can be traced to
data in key regions, particularly the Arab States, the migration, improved migration governance is vitally
data suggests prevalence of forced marriage per 1,000 important to preventing forced labour and protecting
people is highest in Africa (4.8 per 1,000), followed by victims.
Asia and the Pacific (2.0 victims per 1,000).
Additionally, the risk and typology of modern slavery
Data sources and methodology is strongly influenced by gender, and this must also
be taken into account in developing policy responses.
As no single source provides suitable and reliable Addressing the root causes of debt bondage, a
data for all forms of modern slavery, a combined widespread means of coercion, is another necessary
methodology has been adopted, drawing on a variety element of forced labour prevention, while improved
of data sources as required. The central element is victim identification is critical to extending protection
the use of 54 specially designed, national probabilistic to the vast majority of modern slavery victims who are
surveys involving interviews with more than 71,000 currently unidentified or unattended. Finally, we know
respondents across 48 countries. Administrative data that much of modern slavery today occurs in contexts
from IOM databases of assisted victims of trafficking of state fragility, conflict, and crisis, pointing to the
were used, in combination with the 54 datasets, to need to address the risk of modern slavery as part of
estimate forced sexual exploitation and forced labour humanitarian actions in these situations.
of children, as well as the duration of forced labour
exploitation. Forced labour imposed by state authorities Further efforts are needed to improve the evidence
was derived from validated sources and systematic base on modern slavery in order to inform and guide
review of comments from the ILO supervisory bodies policy responses in all of these areas. Key measurement
with regard to ILO Conventions on forced labour. priorities identified through the preparation of the
Global Estimates include the improved measurement
The methodology used to build these Global Estimates of modern slavery affecting children and specifically
combined this data, which covers a five-year reference cases of commercial sexual exploitation involving
period from 2012 to 2016. All the data on cases of children and child marriage. There is also a need to
forced labour and forced marriage that took place more effectively capture specific sub- populations such
between 2012 and 2016, representing a total of nearly as adult victims of forced sexual exploitation and victims
89 million people, was analysed and processed to build in conflict contexts. The ability to track changes in
the main estimates of modern slavery presented in this modern slavery over time will be critical for monitoring
report. progress in the lead-up to 2030. But perhaps the most
important priority is to strengthen and extend national

54
research and data collection efforts on modern slavery
to guide national policy responses.

International cooperation in addressing modern slavery

is essential given its global and cross-border dimensions.
Alliance 8.7, a multi-stakeholder partnership committed
to achieving Target 8.7 of the Sustainable Development
Goals, has an important role to play in this regard.
The Global Estimates indicate that the majority of
forced labour today exists in the private economy.
This underscores the importance of partnering with
the business community – alongside employers’ and
workers’ organisations, and civil society organisations
– to eradicate forced labour in supply chains and in the
private economy more broadly. Cooperation should be
strengthened between and among governments and
with relevant international and regional organizations
in areas such as labour law enforcement, criminal
law enforcement, and the management of migration
in order to prevent trafficking and to address forced
labour across borders.

ABOUT

The work of the International Labour Organization is

aimed at bringing governments, employers and workers
of 187 UN member states together in order to develop
labour standards, policies and programmes to further
initiate decent work for all women and men. Further
information can be found on www.ilo.org.

55
EXCERPTS FROM A JOINT REPORT
Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography
and other child sexual abuse material and the Special Rapporteur on trafficking in persons, especially women and
children
18 July 2017, A/72/164

B. Vulnerabilities of children to exploitation in overrepresented in the number of refugees worldwide,

situations of conflict and humanitarian crisis accounting for 51 per cent of the 22.5 million refugees
in 2016, while they only represent a third of the world’s
1. Overview population.5
17. Whether induced by armed conflict, natural
disasters or protracted humanitarian situations, crises 19. At the regional and national levels, children on
are accompanied by a breakdown in public institutions, the move are also vulnerable to sale, trafficking and
violations of human rights, the erosion of essential other forms of exploitation. There are also reports of
services, inequalities and impoverishment. Existing missing children, some of whom fall into the hands of
vulnerabilities to sale, trafficking and exploitation, criminals to continue their journey to reach relatives
from gender-based violence to discrimination and or acquaintances in another country.6 In Africa, nearly
to lack of economic opportunities, are exacerbated 3 million children were refugees by the end of 2015.7
during such crises. Furthermore, crises tend to fuel As of mid-2016, 390,000 Nigerian children had been
impunity, the breakdown of law and order and the displaced to the neighbouring countries of Cameroon,
destruction of communities, and foster the conditions Chad and the Niger, and a further 1.1 million children
in which trafficking and other forms of exploitation had been internally displaced owing to the conflict in
flourish, often past the point at which hostilities or the the Lake Chad basin.8 Children have been subjected to
humanitarian crises cease.1 Other aggravating factors abhorrent abuses, mainly at the hands of Boko Haram,
are related to discrimination, whether gender-based, which has reportedly recruited and used more than
ethnic, racial, religious, social, within a community or 8,000 children since 2009, abducted at least 4,000 girls,
at the national level. boys and young women, and inflicted sexual violence
on more than 7,000 girls and women, often leading
18. The increase in conflict and humanitarian to pregnancies.9 Since the beginning of the conflict in
crises has led to a record level of displacement, South Sudan, in 2013, children have constituted 66 per
with 24.2 million new displacements worldwide in cent of the 1.3 million refugees,10 and the majority of
2016, mostly caused by weather-related disasters.2 the 1.9 million internally displaced persons.11 A direct
Children are disproportionately affected by conflict consequence of the war has been the recruitment
and humanitarian crises. According to the Secretary- and use of more than 17,000 children, with a further
General, children suffered from human rights violations 3,090 children abducted and 1,130 children sexually
in situation of conflict in 14 countries in 2015, namely assaulted by armed forces and armed groups, among
in Afghanistan, Colombia, the Central African Republic, others.12
the Democratic Republic of the Congo, Iraq, Mali,
Myanmar, Nigeria, the Philippines, Somalia, South 20. In Asia, children constituted 48 per cent of the
Sudan, Sudan, the Syrian Arab Republic and Yemen.3 By 14.8 million refugees by the end of 2015.13 The ongoing
the end of 2015, 28 million children had been forcibly 5  Office of the United Nations High Commissioner for Refugees (UNHCR),
displaced by violence and conflict, of whom 17 million “Global trends: forced displacement in 2016” (Geneva, 2017), p. 2.
had been internally displaced, 1 million were asylum- 6  See http://missingchildreneurope.eu/news/Post/1023/Europol-confirms-
the-disappearance-of-10-000-migrant-children-in-Europe.
seekers and 10 million were refugees.4 Children are 7  UNICEF, Uprooted, p. 8.
8  Ibid., p. 58.
1  A/HRC/32/41, paras. 13-14; International Organization for Migration
(IOM), “Addressing human trafficking and exploitation in times of crisis: 9  See S/2017/304; A/HRC/32/32/Add.2.
evidence and recommendations for further action to protect vulnerable 10  UNHCR, “Global trends”, pp. 30-33.
and mobile populations” (Geneva, 2015). 11  Kimberly Bennett and others, Global Report on Internal Displacement
2  See www.internal-displacement.org/database. 2017, Jeremy Lennard, ed. (Geneva, Internal Displacement Monitoring
3  See A/70/836; S/2016/360. Centre, 2017), p. 13.
4  United Nations Children’s Fund (UNICEF), Uprooted: The Growing Crisis 12  See www.unicef.org/media/media_94185.html.
for Refugee and Migrant Children (New York, 2016), p. 18. 13  UNICEF, Uprooted, p. 78.

56
conflict in the Syrian Arab Republic, which had created at the border between Mexico and the United States
2.4 million child refugees in 201514 and more than 2 of America, comprising one third of such children who
million internally displaced children by 2016,15 has led were registered worldwide in 2015 and 2016.25 More
to situations of extreme vulnerability. Indeed, United than half of those children have been fleeing situations
Nations assessments have revealed cases of child of extreme violence, generally related to organized
recruitment in 90 per cent of the locations surveyed crime, in countries such as Honduras, Guatemala,
in that country and cases of child marriage in 85 per Mexico and El Salvador.26 Those who undertake
cent of them.16 Similarly, the decades-long conflict in this perilous journey are exposed to xenophobia,
Afghanistan has created 1.3 million child refugees17 discrimination, abuse, violence and exploitation, and
and, by 2016, had displaced more than half a million many end up detained at the border, where they risk
persons, 56  per cent of whom were children.18 Those further ill-treatment, abuse and exploitation.27 Up to
children are at a particularly high risk of being abused 38 per cent of the children coming from Mexico and
and exploited, with a very elevated level of child or apprehended in the United States had been recruited
forced marriage and domestic abuse.19 Likewise, the into the smuggling industry, indicating a high proportion
reported rise in the number of child brides among of exploitation at the border.28
Rohingya children who have fled Myanmar and live
in neighbouring countries perpetuates the cycle of 23. In the absence of safe and regular migration
violence and poverty experienced by those girls.20 channels, as well as permanent and accessible
mechanisms for children and their families to access
21. As one of the main destinations for children long-term regular migration status or residence
on the move who are fleeing violence, conflict and permits, children are forced to search for precarious
humanitarian crisis, Europe is at the heart of the sale of, alternatives that increase their exposure to risks of
trafficking in and other forms of exploitation of children. sale, trafficking and other forms of exploitation.
In Europe, child trafficking has increased sharply owing
to the migration crisis.21 High rates of trafficking in and 2. Specific vulnerabilities
exploitation of children have been documented on the
central Mediterranean route from North Africa to Italy.22 24. Conflict and humanitarian crises result in
While in transit from sub-Saharan Africa to Europe, children risking being exposed to sale, trafficking and
young Somalis become victims of frequent and serious other forms of exploitation, whether in their homes,
violence at the hands of traffickers, criminal gangs and communities or society, or in places where migrants or
Libyan groups.23 Those children are frequently detained refugees reside, including reception centres, refugee
in Libyan jails until a ransom of about $2,000 is paid.24 camps or informal settlements in source, transit and
destination countries, some of which are discussed
22. In Central and North America, 100,000 below.
unaccompanied or separated children were identified
14  Ibid., p. 29. (a) Vulnerability of children to exploitation in
15  See http://reliefweb.int/sites/reliefweb.int/files/resources/hno_2017_ source countries
summary_0.pdf.
16  Alum McDonald and others, “Invisible wounds: the impact of six years
of war on the mental health of Syria’s children” (Save the Children, 2017), 25. In many conflict-affected countries, girls
p. 9. become victims of sexual exploitation, including forced
17  UNICEF, Uprooted, p. 29.
marriage, sexual slavery, prostitution and forced
18  See http://reliefweb.int/sites/reliefweb.int/files/resources/afg_2017_
hno_english.pdf. pregnancy.29 The egregious pattern of girls abducted
19  Ibid. from their homes or schools in conflict-affected
20  See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews. settings by extremist groups has also emerged. In Iraq,
aspx?NewsID=21754&LangID=E. for example, girls from ethnic and religious minority
21  European Commission, “Report on the progress made in the fight
against trafficking in human beings, 2016, p. 7. 25  UNICEF, A Child is a Child, p. 11.
22  UNICEF, A Child is a Child: Protecting Children on the Move From 26  UNHCR, “Children on the run: unaccompanied children leaving Central
Violence, Abuse and Exploitation (New York, 2017), p. 15. America and Mexico and the need for international protection”, 2014, pp.
6-7.
23  Viviana Coppola and Eva Lo lacono, eds., “Young invisible enslaved: The
child victims at the heart of trafficking and exploitation in Italy” (Save the 27  See joint allegation letter, case No. USA 10/2014.
Children, 2016), pp. 23-24. 28  UNHCR, “Children on the run”, p. 11.
24  Ibid. 29  S/2017/249, paras. 16, 54 and 55; A/71/303, para. 33.

57
groups such as the Yazidis continue to be subjected to by such forces and personnel had been reported by
sexual violence by Islamic State in Iraq and the Levant the Office of the United Nations Special Coordinator
(ISIL). There are also reports of trafficking in and sale of for the Middle East Peace Process, the United Nations
children by ISIL.30 In Somalia, there is a pattern of forced Assistance Mission in Afghanistan, the United Nations
marriage of girls to militants from groups such as Al- Integrated Peacebuilding Office in Guinea-Bissau, the
Shabaab and Ahl al-Sunna wal-Jama‘a and soldiers of United Nations Mission in South Sudan, the United
the National Army.31 Nations Multidimensional Integrated Stabilization
Mission in Mali, the United Nations Multidimensional
26. In addition to being a means for advancing Integrated Stabilization Mission in the Central African
their criminal endeavours, the sexual exploitation of Republic, the United Nations Operation in Côte
children is further used by violent extremist groups d’Ivoire, the United Nations Organization Stabilization
to generate revenue, as part of the shadow economy Mission in the Democratic Republic of the Congo and
of conflict and terrorism, through trafficking for the the United Nations Stabilization Mission in Haiti.35
purpose of sexual exploitation, sexual slavery and
the extortion of ransoms from desperate families. In 29. Chaos in the aftermath of a natural disaster can
some circumstances, girls are themselves treated as also exacerbate the vulnerability to exploitation of the
the “wages of war”, being gifted as a form of in-kind affected communities by making children more prone
compensation or payment to fighters, who are then to accepting, for example, bogus offers of employment
entitled to resell or exploit them as they wish.32 Such or education from traffickers or criminal networks. In
strategies are also believed to be a way of recruiting, order to support the family’s dire economic situation
rewarding and retaining fighters. or meet their own needs, children are sold or trafficked
for the purpose of labour exploitation. They may be
27. In humanitarian crises, the pre-existing entrusted by family members to people who promise
vulnerabilities of girls that are rooted in discriminatory to find them work either within or outside the country,
traditions and customs persist and lead to negative or they may directly offer their services to employers
coping mechanisms. Children seeking to survive are and middle persons. Once in the hands of traffickers
often compelled to exchange sexual services, and girls who prey on their eagerness to work and send money
are even forced to marry for food, shelter, protection to the family, those children are forced into the worst
or safe passage.33 According to the Secretary-General, forms of child labour.36
approximately 90 per cent of women and girls affected
by conflict in north-east Nigeria do not have access to 30. In addition, children, especially those who are
basic services.34 As a result, they are forced to exchange unaccompanied or live in conflict and humanitarian
sex for food and other essential supplies, and the child crisis areas, may be sold or trafficked to serve as
or forced marriages of girls to older men are on the combatants in armed conflict. Children are also used as
rise, as a supposed protection mechanism and source human bombs and human shields. For example, in Iraq,
of income for desperate families. ISIL and other extremist groups traffic boys and young
men, including members of the Yazidi minority, into
28. In addition, despite their role in supporting armed conflict, radicalize them to commit terrorist acts,
the maintenance of peace and security and providing using deception, death threats or the offer of money
humanitarian assistance, the deployment of and women as rewards.37 In Nigeria, between 2014 and
peacekeeping forces and international humanitarian 2016, a total of 90 children (70 girls and 20 boys) were
personnel, generally in the context of conflict and used by Boko Haram in 56 suicide bombings.38 Children
humanitarian crises, has also proven to be a risk factor are also compelled to work as porters, cooks, guards
for children. In 2016, 138 cases of children allegedly and messengers, or are forced to commit crimes, such
victims of sexual exploitation and abuse committed as looting and physical and sexual violence.39 In

30  A/71/303, para. 29. 35  See A/71/818.

31  See A/71/303. 36  See A/71/261.
32  See S/2017/249. 37  A/71/303, para. 29; A/HRC/32/32/Add.2; Global Report on Trafficking in
33  A/71/303, paras. 32 and 56; IOM, “Addressing human trafficking and Persons 2016 (United Nations publication, Sales No. E.16.IV.6), p. 65.
exploitation in times of crisis”, p. 19. 38  See S/2017/304.
34  S/2017/249, para. 90. 39  A/71/303, para. 29.

58
addition, boys and girls in those situations are often pursue their journey. Unable to collect enough money
sexually abused. to cover their onward journey, many get discouraged
and get involved in drugs, shattering any hope of
31. The aftermath of humanitarian disasters is also continuing their journey.44
a fertile ground for the illegal international adoption 35. Similarly, girls are trafficked for sexual
of children, as it is facilitated by the breakdown exploitation in temporary reception centres and
of institutions and the lack of border control. For informal settlements. In northern France, some
example, following the earthquakes in Haiti in 2010 children were transported to Spain, where they were
and Nepal in 2015, there were concerns that separated sexually exploited in order to cover the cost of their
and orphaned children were being trafficked for onward journey to London of around €9,000.45 In the
sexual or labour exploitation, sold or illegally adopted, same area, some children claiming to be adults were
sometimes by well-meaning families.40 In addition, sexually exploited for the promise of passage to the
the crossover between smuggling and trafficking United Kingdom or in order to pay for the journey by
represents a major risk for children,41 including those receiving around €5 a time for sexual services, revealing
who go missing with the aim of reaching relatives or the level of pressure that they were under to raise the
acquaintances in another country. €5,000 to €7,000 charged for their passage.46

(b) Vulnerability of children to exploitation in transit 36. There are also indications that the most
countries common form of sexual exploitation for Afghani boys
on the move is rape by their traffickers and their
32. Threats faced by boys and girls do not end “friends”, which they endure without reporting.47
when they leave their home countries. As they travel
onward, often paying their way through dangerous 37. Living in limbo for long periods owing to delays
routes by using exploitative smuggling and trafficking or inefficiencies in or the absence of legal paths to
networks, children are subject to further violence, migration may drive children who have depleted their
abuse and exploitation,42 including at borders owing to financial resources to seek alternative ways, whether
pushbacks and interceptions by border control officials. legal or illegal, to earn money either to survive or to
Unaccompanied children and those separated from continue their journeys. Moreover, when they are out
their families face heightened risks, both along the of school for long periods, undernourished and without
route and upon arrival in transit countries. health care, impoverished and beset by mounting
anxieties as uncertainty drags on, children become
33. Factors contributing to the sexual exploitation increasingly vulnerable and desperate.48
of children on the move include their lack of financial
resources, the failure of child protection and welfare 38. Children may be compelled to work to sustain
systems to act as a safety net, the prolonged exposure themselves or provide for their families’ basic needs,
to inhumane living conditions and a protracted and especially where parents cannot work legally or
overly burdensome path to residence status.43 simply cannot find work, legally or illegally. Iraqi and
Syrian refugee children in Lebanon, for example, work
34. In Greece, children in or outside refugee camps in textile factories, construction or the food service
are sexually exploited, generally through deception industry, or as agricultural labour or street vendors in
about the amount they would need to earn in order to

40  See A/HRC/19/63; see also Anna Childs, “Why child trafficking spikes 44  Ibid., pp. 23-25.
after natural disasters: and what we can do about it”, 22 March 2016. 45  UNICEF, “Neither safe nor sound: unaccompanied children on the
Available from http://theconversation.com/why-child-trafficking-spikes- coastline of the English Channel and the North Sea”, June 2016, p. 80.
after-natural-disasters-and-what-we-can-do-about-it-53464. 46  Ibid.
41  European Police Office (Europol) and International Criminal Police 47  Ibid., p. 81. The reception centre in Calais was officially closed and
Organization (INTERPOL), “Migrant smuggling networks: joint Europol- informal settlements cleared in October 2016. Nonetheless, many people,
INTERPOL report”, May 2016, p. 9. including unaccompanied children, have returned and rebuilt small
42  UNICEF, Uprooted, p. 71. camps. See Anne Guillard, “Refugees start to gather in Calais again, month
43  Vasileia Digidiki and Jacqueline Bhabha, “Emergency within an after camp was closed”, Guardian, 2 April 2017. Available from www.
emergency: the growing epidemic of sexual exploitation and abuse of theguardian.com/world/
migrant children in Greece” (FXB Center for Health and Human Rights, 2017/apr/02/refugees-gather-calais-camp-unaccompanied-children.
Harvard University, 2017), pp. 24-26. 48  UNICEF, A Child is a Child, pp. 40-41.

59
conditions amounting to forced labour.49 According to including earlier childbearing, worse health outcomes
UNICEF, in Jordan, Lebanon and Turkey, shopkeepers, and lower income.54
farmers and manufacturers hire Syrian refugee children
because they can pay them a lower wage. Children, 42. Children are also coerced into criminal
especially girls, are seen as less likely to be targeted by activities by adults or peers. For example, in refugee
the police or prosecuted for illegal work than adults, camps in Iraq and Lebanon, Syrian refugee children are
making families more likely to send them to work. trafficked for forced begging and selling items on the
These types of child labour, which often mask other street.55 Moreover, trafficked children are often obliged
forms of exploitation, such as trafficking for forced or induced by their exploiters to commit crimes, such
labour, have dire consequences on children. as pickpocketing, burglary and drug cultivation and
transportation.56 On the route from the Horn of Africa
39. Moreover, in transit countries such as Libya, to North-Eastern Africa, there have also been cases of
migrant girls are often exposed to sexual violence trafficking for the purpose of organ removal.57 Although
by parties to the conflict, as well as by smugglers, the extent of such crimes is unknown, children on the
traffickers and other criminal groups.50 They face threats move travelling along these routes are also vulnerable
and sexual violence when held, sometimes for months, to them.
in detention centres and in poor conditions, and are
also abducted and sexually abused by groups pledging (c) Vulnerability of children to exploitation in destination
allegiance to ISIL.51 countries

40. Finally, the practice of “temporary” child 43. Once children reach their destinations, they
or forced marriages is one of the dangerous coping may encounter a different array of obstacles, including
mechanisms that girls face while in refugee camps detention, lengthy family reunification processes (when
in transit countries. Confronted with the economic they are available at all), discriminatory treatment
burdens brought on by protracted displacement and while in State care, limited access to social services,
limited or inexistent work opportunities, some refugee education and career opportunities, and uncertainty
and migrant parents, and often children themselves, regarding their residence status in the country.58 In the
turn to those measures because they feel that they United States, there have been cases of trafficking in
are the only option for safeguarding a child’s future or unaccompanied migrant children who, after their cases
supporting a family’s immediate needs.52 For example, were processed by agencies of the Department of
Syrian refugee girls are often forcibly married by Homeland Security and the Department of Health and
their parents, who view such arrangements as a way Human Services, have been placed with family members
of securing their daughters’ safety and ensuring the in the country. At times, some of those children have
family’s livelihood through the dowry. Once married, been trafficked for sexual and labour exploitation by
those girls are likely to end up in a situation of sexual criminal networks who posed as family members or
and domestic exploitation by a spouse whom they have forced them into begging or drug smuggling.59
followed abroad. The use of child and forced marriages
to traffic girls into prostitution in another country is 44. By the time children arrive at their destination,
also common.53 they have acquired debts with exploiters who take
away their documents and use threats or violence to
41. For the girls involved, these coping mechanisms subdue them into labour exploitation. For example,
have dangerous short- and long-term implications that Iranian and Afghani children who have crossed the
put them at increased risk of physical and emotional English Channel find themselves pressured to send
abuse. Such mechanisms also reduce the likelihood money to their families, while also repaying substantial
that a girl will complete schooling, a reality that can
have negative repercussions throughout a girl’s life,
54  UNICEF, Uprooted, 2016, p. 38.
49  A/71/303, para. 23. 55  Ibid.
50  See S/2017/249. 56  A/HRC/29/38, para. 20.
51  Ibid., para. 43. 57  Global Report on Trafficking in persons 2016, p. 62.
52  UNICEF, Uprooted, p. 38. 58  UNICEF, Uprooted, p. 39.
53  A/HRC/32/41, paras. 32-33. 59  A/HRC/35/37/Add.2, para. 18.

60
debts related to their journeys.60 This heavy financial of the phenomena, exchange good practices to fight
burden drives children to accept working conditions these practices, promote preventive measures, and
that constitute worst forms of child labour, including also to find new ways and recommendations for
trafficking. At destination, many are trafficked for forced the rehabilitation of child victims of sale and sexual
and exploitative labour in farms and factories and on exploitation. Further information can be found on
fishing boats. For example, in France and the United www.ohchr.org.
Kingdom, young men are exploited in cannabis farms,61
while others are allegedly exploited in the agriculture
sector in Europe.

45. Finally, the detention of children on the move

may occur in both transit and destination countries,
in general for identification or security purposes.
Regardless of the context, detained children are
profoundly and negatively affected by such detention.
Children in immigration detention have been subjected
to abuse, torture, and ill-treatment or have witnessed
such acts.62 In destination countries, detained children
are housed in inadequate facilities, which leads them
to fall victim to sexual abuse and exploitation. Although
underreported, such violence has occurred in asylum
accommodations in Belgium, Germany, Sweden and
Turkey.63

IV. Conclusion

74. Conflict and natural and humanitarian

disasters expose children, and more particularly those
unaccompanied or separated from their families, to
multifaceted vulnerabilities and put them at a higher
risk of being trafficked, sold and sexually exploited,
coerced into child or forced marriages, and used in
the worst forms of child labour. While girls are more
likely to fall victims to sexual exploitation, there are
nonetheless also cases of boys being abused.

ABOUT

Currently Maud de Boer-Buquicchio holds the position

of the UN Special Rapporteur on the sale and sexual
exploitation of children. Her mandate is to detect
as well as analyse the root causes of sale and sexual
exploitation of children. Further, an important activity
of the Special Rapporteur is to identify new patterns

60  UNICEF, Uprooted, p. 39.

61  UNICEF, “Neither safe nor sound”, p. 46.
62  See A/HRC/28/68.
63  Women’s Refugee Commission, Falling Through the Cracks: Refugee
Women and Girls in Germany and Sweden (New York, 2016), p. 7, Council
of Europe, Lanzarote Committee, “Special report: protecting children
affected by the refugee crisis from sexual exploitation and sexual abuse”,
13 March 2017.

61
BEHIND CLOSED DOORS: CHILD AND EARLY MARRIAGE AS SLAVERY
Anti-Slavery International
2015

International institutions must explicitly recognise key the age of 15.5

incidences of child and early marriage as constituting
slavery and slavery-like practices1 Anti-Slavery International endorses the position of
organisations seeking to highlight the negative impact
I. Executive Summary that child, early and forced marriage has on development
progress and human rights. In addition, Anti-Slavery
The issue of child, early and forced marriage and its International hypothesises that while forced marriage
impact on health and education has been brought clearly amounts to slavery due to the inherent power
to the forefront of the international development of ownership wielded over the vulnerable party, it is
agenda in recent years, largely due to the efforts of also the case that in certain circumstances, child and
organisations such as Girls Not Brides and UNICEF. early marriage can meet the legal definition of slavery
Although both boys and girls fall victim to child, early and slavery-like practices, even if the marriage was not
and forced marriage, it should be noted that the vast bought about by overtly forceful means.
majority of victims are female and the sexual and
reproductive health issues arising from child and early The previous Special Rapporteur on Contemporary
marriage have an overwhelmingly disproportionate forms of Slavery, Gulnara Shahinian, highlighted that
impact on girls. A 2003 comparison by Girls Not Brides the relationship between marriage and slavery has not
between the number of young women and young men been comprehensively addressed at the international
aged 15-19 who were married revealed a ratio of 72 level.6 Currently, there is an enormous gap between
to 1 in Mali, 8 to 1 in the United States and 6 to 1 in El international standards of protection and the reality
Salvador.2 experienced by those that fall victim to slavery and
slavery-like practices as a result of marriage.
According to UNICEF, 250 million women alive today
were married before their 15th birthday.3 Among With this paper, Anti-Slavery International argues that
other health implications, child and early marriage is the UN should intensify efforts to combat situations of
directly responsible for high levels of pregnancy among slavery and slavery-like practices arising from child and
young brides; girls under 15 are five times more likely early marriage. To this end, the International Labour
to die in childbirth than women aged 20-24.4 As such, Organization (ILO) should include certain incidences of
efforts to tackle child and early marriage are closely child and early marriage in its child labour estimates.
tied to United Nations (UN) Millennium Development This conclusion is based on the finding that incidences
Goal 5, which sought a three-fourths reduction in the of child and early marriage can amount to slavery,
maternal mortality rate by 2015. Moreover, child and forced labour and trafficking and as such come within
early marriage effectively puts an end to child spouses’ the ILO’s purview under ILO Convention 182.
education, thereby undermining their future prospects
as well as global efforts to promote gender equality and i. Purpose
empower women. The highest rates of child marriage
are concentrated in Sub-Saharan Africa, while, due to The purpose of this paper is to provide a clear analytical
population size, the highest absolute numbers of child framework of when and how child and early marriage
marriage take place in South Asia, where 46% of girls constitutes slavery, forced labour and trafficking
marry before the age of 18 and one in five marry before and to propose an initial plan of action to galvanise
international efforts against these often-overlooked
1  Primarily authored by Rachel Borrell
forms of slavery.
5  UNICEF, Improving Children’s Lives, Transforming the Future, September
2  Girls not Brides, What is the Impact?, http://www.girlsnotbrides.org/
2014, p. 67; Girls not Brides, Understanding the Scale of Child Marriage,
what-is-the-impact/.
October 2014, p. 3.
3  UNICEF, Ending Child Marriage: Progress and Prospects, 2014, p. 1.
6  Thematic Report of the Special Rapporteur on contemporary forms of
4  UNICEF, Child Marriages: 39,000 Every Day, 7 March 2013, <http://www. slavery, including its causes and consequences, to the UN Human Rights
unicef.org/media/media_68114.html>; Girls not Brides, Health, http:// Council, on Servile Marriage, UN doc. A/HRC/21/41 (July 2012), para. 95.
www.girlsnotbrides.org/themes/health/.

62
 II. Introduction Trafficking under International Law

In its April 2013 report “Out of the Shadows: Child 
“Slavery” was first defined in international law in the
Marriage and Slavery”, Anti-Slavery International League of Nations’ Slavery, Servitude, Forced Labour
provided a consolidated analysis of over 50 reports and and Similar Institutions and Practices Convention of
articles on child marriage. The report is one of the few 1926 (hereafter the 1926 Convention) as:
pieces of research to shed light on how child marriage
can operate as a thin veil of respectability behind which “the status or condition of a person over whom any or
slavery occurs with apparent impunity. all of the powers attaching to the right of ownership are
exercised.”8

Building upon the resolution on child, early and forced
marriage adopted by the UN General Assembly on 21 The 1956 UN Supplementary Convention on the
November 2014,7 Anti-Slavery International reiterates Abolition of Slavery, the Slave Trade, and Institutions
that in many instances of child and early marriage, as and Practices Similar to Slavery (hereafter the 1956
well as forced marriage, the conditions suffered by the Supplementary Convention) subsequently defined
vulnerable spouse are akin to practices associated with institutions and practices similar to slavery, including
slavery, forced labour and trafficking. the following: 


Anti-Slavery International proposes that the level of “(c) Any institution or practice whereby:
risk of slavery and slavery-like practices experienced
by child spouses is heightened in the case of girls due (i) A woman, without the right to refuse, is
to patriarchal norms that cut across different cultural promised or given in marriage on payment of a
contexts. Moreover, the younger the age of the child consideration in money or in kind to her parents,
concerned, the less likely that the marriage has been guardian, family or any other person or group; or 

entered into with full, informed and free consent. A (ii) The husband of a woman, his family or his
child’s ability to resist attempts to challenge his or her clan, has the right to transfer her to another
exercise of free will within the marriage itself is also person for value received or otherwise; or 

lessened by younger age and, in the case of females, by (iii)  A woman on the death of her husband is
the common gender roles assigned to girls and women. liable to be inherited by another person. 


i. Definition of terms 
 (d) Any institution or practice whereby a child

or young person under the age of 18 years, is
“Child marriage” is the marriage of individuals under delivered by either or both of his natural parents or by
the age of 18. The term “early marriage” refers to his guardian to another person, whether for reward or
individuals who are married before the age of 18 not, with a view to the exploitation of the child or young
but have already reached the age of majority in their person or of his labour”9
country of residence, meaning that they are no longer
considered a child under national laws. The term The International Labour Organization (ILO) defines
“forced marriage” relates to those individuals who are forced or compulsory labour in ILO Convention 29 as:
not necessarily married before the age of 18 but are
8  League of Nations’ Slavery, Servitude, Forced Labour and Similar
married against their will due to pressure or abuse. It Institutions and Practices Convention, Article 1 (1).

is important to note that early and child marriage often 9  1956 United Nations (UN) Supplementary Convention on the Abolition
take place by means of force and coercion and, as such, of Slavery, the Slave Trade, and Institutions and Practices Similar to
Slavery, Article 1 (c) and (d). With regards to the definition in Article 1(c)
some marriages can be equally classified as child/early (i), it is important to note that the forced marriage of an adult woman
and as forced. 
 without “payment of a consideration in money or in kind...” is still contrary
to international legal standards, as specified by the UN Convention on
Consent to Marriage, Minimum Age for Marriage and Registration of
ii. Definitions of Slavery, Forced Labour and Marriages, which states that: “No marriage shall be legally entered into
without the full and free consent of both parties” (Article 1(1)). Moreover,
7  See Girls Not Brides, statement on UN General Assembly resolution forced marriages that do not include a monetary or other transaction
on child, early and forced marriage, 21 November 2014, <http://www. should still be considered slavery if powers attaching to the right of
girlsnotbrides.org/girls-brides-statement-un-general-assembly-resolution- ownership are exercised by one spouse over the other. Furthermore, if
child-early- forced-marriage/>. an adult spouse has been forced or coerced into the marriage for the
purposes of exploitation, it may amount to trafficking.


63
“... all work or service which is exacted from any person As such, the Palermo Protocol recognises that any
under the menace of any penalty for which the said person under 18 years old who is moved from one
person has not offered himself voluntarily.”10 location to another by any means for the purpose of
exploitation is considered to have been trafficked.
The term “under the menace of any penalty” can include This is the case whether the child has been taken
violence at the extreme, but also economic threats, across borders or simply moved to another household
the loss of rights or privileges and subtler psychological within the same village. It is also child trafficking if
pressure.11 In addition, the work in question does not the child concerned ostensibly agreed to the transfer
have to be officially recognised as an economic activity themselves. For example, the handing over of a child to
for it to fall under the definition of forced labour. another family, even with the child’s ‘consent’, can be
For example, the ILO has expressly recognised the child trafficking if the child is subsequently exploited in
trafficking of children for sexual exploitation as forced their new home.15
labour.12
III. Key Incidences of Child, Early and Forced
The 2000 Protocol to Prevent, Suppress and Punish Marriage Constituting Slavery
Trafficking in Persons Especially Women and Children
(the Palermo Protocol), supplementing the United As mentioned above, clear cut cases of forced marriage
Nations Convention against Transnational Organized require little explanation to be readily recognised
Crime defines trafficking as: as slavery. Notably, the abduction or sale of girls
and women to become ‘wives’ both in conflict and
“the recruitment, transportation, transfer, harbouring peacetime situations clearly amount to slavery as they
or receipt or persons, by means of the threat or use allow the perpetrator to exercise powers of ownership
of force or other forms of coercion, of abduction, over the victim. For example, Human Rights Watch has
of fraud, of deception, of the abuse of power or of a conducted interviews with individuals abducted by the
position of vulnerability or of the giving or receiving of insurgency group Boko Haram in which interviewees
payments or benefits to achieve the consent of a person spoke of being forced to marry their captors and being
having control over another person, for the purpose of sexually abused and raped, along with other forms of
exploitation. Exploitation shall include, at a minimum, abuse, such as forced labour and forced participation
the exploitation of the prostitution of others or other in military operations.16
forms of sexual exploitation, forced labour or services,
slavery or practices similar to slavery, servitude or the In Niger and Nigeria the ‘wahaya’ practice continues to
removal of organs.”13 exist in which women and children are sold into sexual
and domestic slavery as unofficial ‘fifth wives’. They are
In considering child and early marriage it is important known as such because they are in addition to the four
to note that the Palermo Protocol also states that, in wives legally permitted in Niger and Nigeria. In a case
contrast to those over 18: documented by Anti-Slavery International along with
its partner organisation Timidria, Tikirit Amoudar, 45
“The recruitment, transportation, transfer, harbouring years old, describes how she was sold at aged 10 and
or receipt of a child for the purpose of exploitation shall remained as a ‘wahaya’ for 15 years.
be considered “trafficking in persons” even if this does
not involve any of the means set forth in subparagraph “My master, a man called Amola Zono, lived in his
(a) of this article”.14 family village of Toudoun Adaraoua. He was Hausa.
I was his only wahaya and my clothes set me apart
15  Anti-Slavery International, Out of the Shadows: Child Marriage and
10  International Labour Organization (ILO) Convention No. 29, Article 2(1). Slavery, April 2013, http://www.antislavery.org/includes/documents/
11  ILO, A Global Alliance against Forced Labour: Global Report under the cm_docs/2013/c/child_marriage_final.pdf, p. 26.
Follow-up to the ILO Declaration on Fundamental Principles and Rights at 16  For example, the kidnapping of girls in Nigeria, many of whom are
Work, Report I (B) of the Director General (2005), p. 5. subsequently forced to marry militants and are sexually abused, see:
12  Ibid., p. 9, para. 35; and pp. 44-45, para. 213.
 Human Rights Watch, Those Terrible Weeks in their Camp, 27 October
2014, http://features.hrw.org/features/HRW_2014_report/Those_
13  Protocol to Prevent, Suppress and Punish Trafficking in Persons, Terrible_Weeks_in_Their_Camp/index.html; “Boko Haram abductees tell of
Especially Women and Children, supplementing the United Nations forced marriage, rape, torture and abuse”, The Guardian, 27 October 2014
Convention against Transnational Organized Crime, 2000, Article 3 (a).
 http://www.theguardian.com/world/2014/oct/27/boko-haram-forced-
14  Ibid., Article 3 (c)
 marriage-rape-torture-abuse-hrw-report.

64
from his four legal wives. They dressed decently, while the president of the children’s council found out and
my clothes barely covered me. He used to come to me informed the chief of the village who then contacted
at night in secret for sex. My workload was heavy: the director and the school coordinator...the marriage
fetching water for all the family; fetching water for was off and [...] I could continue to go to school. When
livestock (over 100 cattle); hulling and pounding grain I learned the good news I cried with joy.”20
(millet and sorghum) for food and foodstuffs; providing
firewood for the family; large preparations – the day Maighisse’s experience is representative of child and
before and on the days of community gatherings in the early marriages in which the ability of the child spouse
master’s fields during the rainy season (for 30 to 40 to refuse the marriage is absent. Had Maighisse’s
people); washing up; preparing the mistresses’ and the marriage not been prevented by a third party, she would
master’s beds; looking after the children and keeping have found herself in a situation in which freedom of
the courtyard clean – these were my tasks until my choice was negated and the powers attaching to the
master’s death.”17 right of ownership were exercised over her, thereby
deeming her a victim of slavery.
Aside from these cases, and bearing the above legal
definitions in mind, incidences of child and early In cases in which the marriage goes ahead, many
marriage amounting to slavery will be discerned spouses find that upon entering a new household they
by looking primarily at: the ability of the spouse to have little or no bargaining power with their spouse
refuse the marriage or leave the union should the and/or in-laws regarding their own movements or
situation prove unsustainable; the levels of control belongings. Choices from earning an independent
or exploitation exercised within the marriage itself; income to consent to sexual relations may not be
and the inability of the child spouse to seek redress available. For example, a report by Human Rights
through either law or society. In determining whether Watch in which 135 girls and women in Tanzania were
an incident of child and early marriage amounts to interviewed regarding child marriage and violence
forced labour, it should be noted whether any work or against women and girls, found that many female
service is exacted from the spouse under the threat of spouses were controlled through violence or threats of
any penalty, including violence, economic threats, the violence from their husbands, were forced to perform
loss of rights or privileges and subtler psychological domestic and child-rearing duties and had their
pressure.18 Incidences of child and early marriage freedom of movement restricted by their husbands.21
amounting to child trafficking should be identified Other girls spoke of being prevented from contacting
as such if the child concerned has been recruited, relatives, leaving the house or seeking employment.22
transported, harboured or received by any means for These incidences are illustrative of the high levels of
the purpose of exploitation.19 control or exploitation that can be exercised in child
and early marriages, which is indicative of slavery.
In cases of child and early marriage, the decision to Furthermore, the finding by Human Rights Watch that
marry is often taken by one or both parents or guardians, many female spouses surveyed were forced to perform
as is illustrated in the following case documented by domestic and child- rearing duties and were controlled
Timidria: by violence or threats of violence strongly suggests that
such incidences should be deemed forced labour. Cases
“My name is Maighisse Yacine, I’m 13 years old and in which children are transferred to another home,
I’m a fourth grade student at the community school of even if it is in the same town or village, and they are
Tanguezatane. I like going to school. One day, my mother subsequently exploited in their new home, amount to
informed me that I should marry a cousin of mine. I child trafficking.
cried a lot because I didn’t want to leave school but my
parents threatened to beat me if I refused. Fortunately, Human Rights Watch reported that some Tanzanian
17  Anti-Slavery International, Association Timidria and the Department for girls who suffered physical and other abuse attempted
International Development (DFID), La Wahaya: L’esclavage domestique et
sexuel au Niger, The case of Tikirit Amoudar, 45 years old, pp. 21-22.

20  Interview by Aminatou Galissoune, Monitoring and Evaluation Officer
18  ILO, Supra., n. 11, p. 5.
at Timidria, August 2014.

19  Protocol to Prevent, Suppress and Punish Trafficking, Supra., n. 13,
21  Human Rights Watch, No Way Out: Child Marriage and Human Rights
Article 3 (c).

Abuses in Tanzania, October 2014, p. 54.
22  Ibid., p. 54.


65
to escape to their own families but were often forced to for ‘breach of contract’.27 ‘Commoditising’ a person
return to their husbands and were told that all married through payment of a bride price in either cash or kind
women must tolerate abuse.23 The story of Nilab from can bestow a sense of ownership in those involved,
Afghanistan is illustrative of this issue. Nilab grew up instilling in the dominant party a feeling of licence over
with her grandparents and aunts and at 13 was married the other person, for example, to commit violence and
to a man who was already married with three children. use brutality towards them in marriage.
Nilab describes thinking that the wedding party was
just childhood play and not understanding what it As such, while the existence of a transaction such as a
meant to be someone’s life partner. From the first day bride price is not a clear criterion for slavery or slavery-
of Nilab’s marriage, her husband and in-laws wanted like practices, it can be considered to be an indicator
her to become a prostitute. When Nilab attempted to that exploitative practices may subsequently arise in
escape her in-laws’ house to her grandparents, they a marriage. Moreover, the transfer of a child by any
forced her to return to her in-laws’ house.24 This kind means, including the giving or receiving of payments
of control and exploitation exercised within marriage, or benefits, meets the definition of trafficking as per
coupled with the inability of the child spouse to leave or article 3 of the Palermo protocol. Importantly, in the
end the marriage, are key criteria in assessing whether case of under-18s, the handing over of the child to
a situation amounts to slavery.25 a third party that subsequently exploits the child
amounts to trafficking regardless of whether the child
Anti-Slavery International’s partner organisation gives “consent”.
Kivulini has highlighted how poverty drives child and
early marriage in Tanzania and in many cases daughters IV. Conclusion
are married as children so that their families can obtain
a bride price.26 Although not all marriages involving a Anti-Slavery International research has found that the
transaction such as a bride price automatically equate levels of abuse, exploitation and control experienced
to slavery or slavery- like practices, the existence of a by children as a result of child and early marriage can
bride price can put further pressure on an individual to often meet international legal definitions of slavery
stay in marriage whatever the circumstances because and slavery-like practices, such as forced labour and
his or her family may be unable or unwilling to repay trafficking.28
the bride price received. It is not contested that when children and women are
sold or abducted to become “wives”, the “marriage”
The story of a 10-year-old girl from Romania clearly amounts to slavery as the perpetrator seeks to
demonstrates how a marriage or union that is exercise powers of ownership over the victim. However,
negotiated according to payments or transactions of the exercise of ownership can be less spectacular than
any sort, particularly by the couple’s parents, risks a that associated with abduction and selling, though no
sense of ‘value’ and ‘ownership’ being placed on the less real, as the examples of child and early marriage
bride (or groom). The girl was sold by her parents to be above demonstrate. Hence, Anti-Slavery International
‘married’ to a 17-year-old boy with a contract specifying argues that child and early marriage can be qualified
that she bear two children. The girl gave birth at the as slavery in accordance with the 1926 Convention
age of 12, and was warned by a doctor not to have any definition if one or more of the following indicators are
more children because of the risk to her health. This led present:
the boy’s parents to try to reclaim the money they paid
• When the ability to refuse, leave or end a
marriage is denied, thereby fundamentally
compromising the child’s freedom of
23  Ibid., pp. 54-55. movement and right to liberty and security of
24  Breakthrough: Nation Against Early Marriage, For Nilab, Forced to person; 

Marry at Thirteen, http://www.breakthrough.tv/earlymarriage/2013/10/
nilab-forced-marry-thirteen/.
 27  ERRC, “Forced Arranged Marriage of Minors among Traditional Romani
25  Anti-Slavery International, Supra., n. 15, p. 18.
 Communities in Europe”, Submission to the UN Special Rapporteur
26  Kivulini Women’s Rights Organisation, Rhobi Matiko tells her story, on trafficking in persons, (15 November 2006, p. 5-6; Anti-Slavery
August 2010, https://www.youtube.com/watch?v=VZAqqxlz5Tg; Kivulini International, Out of the Shadows: Child Marriage and Slavery, April 2013,
Women’s Rights Organisation, Helena Kaitira tells her story, August 2010, p. 24.
https://www.youtube.com/watch?v=5JvvHHt8kKo. 28  Anti-Slavery International, Supra., n. 15, p. 43.



66
 • When the conditions of marriage mean that
a child spouse is exploited or denied freedom “All forms of slavery or practices similar to slavery, such
of choice by either their spouse or in-laws as the sale and trafficking of children, debt bondage
regarding any individual and personal matter and serfdom and forced or compulsory labour, including
from learning and attending school, to earning forced or compulsory recruitment of children for use in
an independent income, to consent to sexual armed conflict.”31
relations and/or is intimidated into working
longer hours than his or her spouse or in-laws As such, where child and early marriage is deemed
through threats of violence, divorce or the slavery, forced labour or trafficking, it should also be
withholding of food or money; 
 considered child labour as per the ILO’s own definition
• When a child spouse is subject to rape, beatings of the worst forms of child labour and should be
or murder without recourse to law or society comprehensively addressed by the ILO on the grounds
for protection or redress. 
 that it falls within the organisation’s purview under ILO
Convention 182. The UN should also intensify efforts
In addition, Anti-Slavery International proposes that to combat situations of slavery arising from child and
instances of child and early marriage in which child early marriage, which violate the 1926 Convention,
spouses are compelled to undertake work or service the 1956 Supplementary Convention and the Palermo
under the menace of any penalty and for which they Protocol.
have not offered themselves voluntarily should be
considered forced labour. V. Recommendations

With regards to international standards of protection, In light of the above, Anti-Slavery International calls for
an examination of ILO reasoning reveals that the ILO the following:
includes forced marriage in its forced labour estimates
if the marriage leads to a situation of forced labour or • In their next resolutions on child, early and
service: forced marriage, the Human Rights Council
and the UN General Assembly should explicitly
“[t]he figures do not include trafficking for... forced recognise the complex and overlapping causes
marriage/adoption unless the latter practices lead to a and consequences of child, early and forced
situation of forced labour or service”29
 marriage, including its links to slavery and
should offer a reaffirmation and clarification
Bearing in mind the above examples demonstrating of the relevant frameworks relating both to
incidences of forced labour occurring within child and slavery and right to marry safeguards;
early marriage, Anti-Slavery International argues that
as with forced marriage, certain cases of child and early • The UN General Assembly and Human
marriage should also be included in the ILO’s estimates Rights Council should develop a Strategic
for forced labour. 
Cases of child and early marriage in Action Plan on Child and Early Marriage with
which the child is moved from one place to another cross-international agency participation, to
for the purposes of exploitation, sexual or otherwise, accelerate the end of child and early marriage
constitute child trafficking. Interestingly, the ILO has world-wide in practice. To this end, States
expressly qualified the trafficking of children for sexual must be encouraged and assisted in addressing
exploitation as forced labour.30 child, early and forced marriage in a holistic
and comprehensive manner by mobilising all
Finally, an examination of the ILO definition of child sectors of society, including the education,
labour in Convention 182 reveals that the ILO defines health and law enforcement sectors.
the worst forms of child labour as including incidences Programmes must be developed to equip
of slavery, trafficking in children and forced or young people with training, skills, information,
compulsory labour: safe places, shelters, support networks and
29  ILO, ILO Global Estimate of Forced Labour, Results and Methodology,
31  ILO Convention 182, Article 3 (a).
2012, p. 13, footnote 2. 

30  ILO, Supra., n. 11, p. 9, para. 35; and p. 44-45, para. 213. 


67
 counselling in order to combat child, early and the Elimination of All Forms of Discrimination
forced marriage; against Women (CEDAW). Remove all
reservations seriously undermining the object
• The Open Working Group on Sustainable and purpose of relevant treaties; 

Development Goals must ensure that the post- • Align national law, including religious,
2015 Sustainable Development Goals include a customary or local laws, on marriage and
target to end child, early and forced marriage; slavery with international legal standards.
States must ensure that relevant authorities,
• The UN Human Rights Council should including religious or tribal authorities, comply
encourage better adherence in national law with international legal standards; 

to the international slavery framework and
right to marry safeguards, including their • Facilitate free and full consent to marriage by
enforcement, as they relate to forced and child both parties by insisting that every marriage is
marriage by all UN Member States through the accompanied by a public statement from the
Universal Periodic Review process; religious or administrative official conducting
the marriage which establishes that the
• In examining State compliance with relevant union has been entered into on the basis of
ILO Conventions, including Convention 29 and informed consent. There must a mechanism in
Convention 182, the ILO should assess whether place by which any spouse can challenge the
cases of child and early marriage amount to authenticity of such a statement in the event
slavery, forced labour and/or trafficking and that the religious or administrative official is
explicitly recognise that forced marriage, in corrupt; 

particular forced child and early marriage,
constitute child labour. Such assessments • Enact, enforce and uphold laws establishing a
are particularly encouraged from the ILO minimum age for marriage at 18 years old. In
Committee of Experts on the Application of cases in which this age limit has not yet been
Conventions and Recommendations and the implemented, the authorities should develop
ILO Conference Committee on the Application mechanisms by which they can investigate
of Standards; marriages that take place below this age limit
and establish whether situations of slavery or
• The ILO should pay closer attention to the slavery-like practices are present; 

links between child and early marriage and
slavery and recognise explicitly that forced • Provide access to appropriate remedies and
child and early marriage constitute slavery. support for children or adults entering into or
The ILO should recognise the relevance of wishing to leave both registered marriages and
such qualifications to its mandate and should unregistered unions; 

instruct ILO country offices, regional offices
and Headquarters to address incidences of • Ensure that no amendment of the legal
child and early marriage as potential forms of minimum age for marriage is used to restrict
child labour. 
 advice or services regarding sexual or
reproductive health for any person under that
Anti-Slavery International further call upon States to: 
 age; 


• Ratify all relevant international standards • Raise awareness of the links between slavery
relating to slavery, slavery-like practices and and child, early and forced marriage, as well as
the right to marry, including the 1926 Slavery the relevant applicable laws; 

and 1956 Supplementary Conventions, the
Palermo Protocol, the ILO Conventions 29 • Ensure awareness of and access to advice,
and 182, the 1964 Convention on Consent to protection and rehabilitation for all children
Marriage, Minimum Age for Marriage and (and adults) trapped in slavery through
Registration of Marriage and the Convention on marriage and financial and other support for

68
 those who escape marriage amounting to
slavery.

ABOUT

Anti-Slavery International was founded in 1839 and has

the vision of eliminating all forms of slavery worldwide.
Millions of people still suffer slavery, servitude or
forced labour, which can be named as violations of
individual freedoms, basic dignity and fundamental
human rights. Anti-Slavery International works hard
in order to end these practices and abuses through
awareness-raising campaigns, extensive research,
advocacy and initiatives. For further information see:
www.antislavery.org.

69
© “Maricela, 31 years old” illustrated by Lourdes Saraiva

No Estamos Todas is an illustration project to visualize victims of feminicides and transfemicides in Mexico. A
collection of their meaningful work complements this tenth volume of FEMICIDE. Further information can be found
on www.noestamostodas.com.

70
 PART III
Further Reading
“The people who could do in fact most to improve the situation of so
many women and children are in fact men.”

- Patrick Stewart, Actor, 2013 -

71
ENDING IMPUNITY FOR GENDER-RELATED KILLING OF WOMEN AND GIRLS:
STATE RESPONISBILITY AND ACCOUNTABILITY
ACUNS Special Side Event, 27th Session of the Commission on Crime Prevention and Criminal Justice (CCPCJ)
Saide Mobayed
May 2018

“Impunity for crime, generally, mocks the rule of law; Furthermore, Ms. Tiziana Zannini, Executive at the
impunity for violent crime, much more so. And when the Department for Family Policies, Italian Presidency of
target of this criminal violence—killing—targets a more the Council of Ministers, presented the particular case
vulnerable part of society, its impunity turns the rule of Italy and strassed not only that legislation is not
of law into a travesty”. With this introductory remarks enough, but also highlighted the need for strengthening
Nuno Maria Roque, president of the Organization of prevention, protection, prosecution and integrated
the Families of Asia and the Pacific (OFAP), opened policies. In a similar vein, Dr. Marceline Naudi,
ACUNS Vienna Liaison Office’s Femicide Team special First Vice-President of GREVIO & Scientific Director
event Ending Impunity for Gender-related Killing of European Observatory on Femicide, touched upon the
Women and Girls/Femicide: State Responsibility and advances of the Group of Experts on Action against
Accountability, in the framework of the 27th Session Violence against Women and Domestic Violence, which
of the Commission on Crime Prevention and Criminal is the mechanism in charged of monitoring the Istanbul
Justice (CCPCJ). Convention.

The event aimed to encourage Member States to The event closed with the presentation of the Global
strengthen their crime and criminal justice responses Knowledge Hub to prevent and eliminate the gender-
regarding the prosecution of cases related to the related killing of women and girls (http://femicide-
gender-related killings of women and girls, also framed watch.org/), a joint project of the UN Studies
as femicide/feminicide. Additionally, it looked to Association and the Femicide Team of the ACUNS
promote the role of international law and available Vienna Liaison Office. Ms. Saide Mobayed, Senior
international instruments in holding individual states Editor and Content Producer of the platform showed
accountable for failing to prosecute cases of such kind. the ways in which the Hub provides selected, high-
It reminded Member States, UN agencies, academia, quality information on the issue of femicide/feminicide
victims’ representatives, civil society and other for policy and decision-makers at all levels, actors from
relevant bodies to have greater cooperation with each the criminal justice system, practitioners, civil society
other, in order to exchange good practices and effective activists, academics, and individuals concerned with
strategies. this horrible phenomenon.

The panel was conformed by experts from across

disciplines who shared their views and expertise, while
addressing key concerns, regarding the transnational
perspectives on the gender-related killing of women
and girls. In this respect, Mr. Enrico Bisogno, Chief
of the Data Development and Dissemination Unit at
UNODC Vienna, supported the view that accurate
and comparable data was needed to monitor policies
and share good practices to prevent gender-based
homicides. Similarly, Dr. Dubravka Šimonović, the
UN Special Rapporteur on Violence against Women,
reiterated the need to collect existing good practices
on data collection and prevention of femicides/
feminicides across different stakeholders, including
States, National Human Rights Institutions, Non-
governmental organizations, as well as members of
academia.

72
73
TRANSCRIPT OF THE ACUNS SPECIAL SIDE EVENT
27th Session of the Commission on Crime Prevention and Criminal Justice (CCPCJ),
Mila Kirilova
May 2018

1. Statement by H.E. Jean-Louis Falconi, Ambassador, and justice data and civil society organisations data.
Permanent Representative of France to the UN So it comes from a broad range of input, composed
of different national statistic reviews and services and
I want to as far as my country is concerned in this research institutes. The mission is to give impetus to
particular question on state responsibility and relevant ministries, precisely to update data regularly
responsibility starts with the understanding and with and respond to the need to improve the quality of this
the knowledge of the phenomenon, the assessment of data. And so this allows the monitoring of the trends
the phenomenon of gender-related killing of women and progress of France actions against gender-related
and girls/femicide. Because if you can’t know the violence.
phenomenon, if you can’t asses it then I mean it is a
beginning of accountability. So I just want to mention So what do we learn from that? In fact, our national
that my government has placed the prevention, fight, survey confirmed the alarming data, which is slightly
prosecution and elimination of all forms of violence identical with all the countries in proportion in the
against women and girls at the top priority agenda for world. But I would be very happy to listen to the
many years now. participants of this side event. In 2016, 123 women
were killed by their husbands or former husbands,
To mention the global context since 2013 the General which means one death every three days in France
Assembly decided to take action against gender- in 2016 on the population of 67 million people so
related killing of women and girls and it turned the you can assess the proportion. I must mention also
international attention to the crime of femicide. Last France recent example in Canada and let me convey
year at the 26th session of the CCPCJ we took a step my condolences to the families who lost their beloved
forward by adopting a resolution that my country has ones here that enlightens the existence of heinous and
actively sponsored and pushed to mainstream a gender misogynist networks against women called “incels”
perspective into the prevention and the fight of this which means involuntary celibates so man being on
outrageous crime. One of the other important actions their own. This was the motivation of the person who
taken at the last CCPCJ session was the launching of have killed recently. Of course, paradoxically I want
the Femicide Watch Platform prototype, developed by to stress when everybody thought it was a terrorist
ACUNS and I would like to pay a tribute to their work by attack, it draw a lot of international attention and then
the ACUNS Vienna Femicide Team and the UN Studies it turned out it wasn’t then I have never heard of that.
Association. At the international level one of the main Since then a lot people died, but it was not a terrorist
challenging aspect, we still have, is to collect data and attack, but it was an attack against women. In fact, the
accurate data on gender-related violence. It is largely victims were mostly women. So this guy drove his car
due to the fact that most data collection system do not in the street and on the pavement against women,
report on the victim-perpetrator relationship and let because he wanted to kill women. Because he was on
alone gender-related motivations for the murder. It is his own, he thought, that the responsibility belongs to
difficult to have these points assessed and mentioned. women. We chose that, as we know that the violence
against women has no border. Instead it is a global
France is fully aware that if we really want to develop scarce that needs specific responses starting from the
effective policies, we need this reliable data. Therefore, harmonization of our different approaches to enhance
since 2013 my government has established under our engagement in this fight.
the authority of the Prime Minister an interagency
mission to protect women against violence and the Besides our mission response to the recommendation
fight against trafficking (MIPROF). One of its mandate of the Istanbul Convention, the European initiative
is to collect, analyse and disseminate information and focuses on preventing violence against women and
data on violence against women. The data is coming domestic violence. MIPROF coordinates action at
from different sources such as research surveys, police national level as well as outraging and outspreading

74
the actions that we conduct in France. To make further information at the end of the day is to understand
progress in the integration of the gender perspective and establish differences. Because there will be no
MIPROF has defined a national training plan for change in any given phenomenon, it wouldn’t be
professionals on violence against women. In particular, interesting. If the weather is always the same, we
it creates certain training tools based on the specificity don’t look into the weather forecast. So we want to
of different professions and different form of violence. understand differences across time, countries and
So just to pass this message, to mention the awareness populations. But to understand differences we have to
of France on this question, the necessity for us to collect be sure that the definitions are the same otherwise the
data, the necessity for us to train people to know what differences would be due to definition. When we talk
this crime is. This are the key messages I wanted to pass about femicide as in any other area of crime or criminal
today on behalf of my country. justice statistics, the first obstacle is that we always
have legal definitions and legal definitions by definition
2. Statement by Enrico Bisogno, Chief Data are different across countries.
Development and Dissemination Unit, UNODC
So just to make it clear I picked up two examples of
I am very happy already as everybody mentioned the femicide in two countries. One case is the murder
importance of data so I will try follow on this and bring committed against a woman when the act is perpetrated
some more light on this issue. by a man and through gender-violence which will help
At a start of this, I think, we should ask ourselves why us to understand and assess when it is gender-violence.
data are important. Because there are many numbers The other case shows the definition of femicide in
outside in our countries, in our organisations and they another country when in the framework of an intimate
can be used for different purposes. It is important to relationship the man kills the woman. You can see two
understand what are and what can be the specific different approaches, two different legislations in two
purposes of this data. There are data that are used to countries in Europe and Latin America. They have very
raise awareness and I think it is very important that we different levels of intimate partner homicide, but they
already mentioned that. When we bring a topic to get have one thing in common. Both countries passed
attention of the public, media or the policy makers and specific legislation on femicide in 2013. So what we can
so on, it is important that we also have some numbers see is that the legislation started to have some effect in
to reflect, to make justice to those people who are one of them, but we don’t see any changes in the other
victim of this, in this case of femicide, but also to show one. Therefore, legislation is clearly not enough even
the importance of the issue. So when we use data for if it is very important to act, but we have to be also
this purpose, it is not so important to be so rigorous, equipped to a longer term engagement in this area.
but to show something that there is a problem and
it is urgent to act. We use data to really understand When we produce statistics, we try to make definitions
what it is going on, do we have more here or there, for the purposes of statistical production so irrespective
now than 10 years ago. That’s why it is important to be of what the legal framework in any given country is.
more specific, more precise, because the numbers can We try to say this phenomenon for statistical purposes
really reflect the reality that they are trying to describe. has to be understood in this way. Luckily, three years
From the understanding of what are the trends and the ago a document was produced and endorsed by both
patterns we can identify venues for action. We are not the Statics Commission and the Crime Prevention
collecting data information for the sake, but we want to Commission – International classification of crimes
have information to intervene. for statistical purposes (ICCS). For example, it provides
specific definitions in case of homicide and whatever
Finally, I would say we have this data, we want good corresponds to these definitions you have to count as
data also to monitor. Once we intervene we start a homicide. And we see that this is already producing
to implement policies. We also want to see whether an impact on the data and countries are beginning to
these policies are effective, provoking change or not. implement it. Starting from this standard definition of
These are the important things. We don’t collect data homicide we have two ways clearly to identify gender-
to produce statistical tables, nice charts or rankings. based killings or femicide that are listed in the ICCS. The
This is what we do here, especially at the UNODC. first one looks at the relationship victim-perpetrator in
One important element when we collect statistical particular intimate partner relationship and the second

75
one looks at the motif of the crime so in this case the hope you are still with me and I won’t keep you long. I
gender-based motivation and together they will form am obedient in that matter.
the gender-based killings of women. We can see that First of all, thank you very much for the organizers for
many countries are more and more able to produce having invited me!
the first group and on the second group we are still I just wanted to briefly mention the European
working, producing specific guidelines how to identify Observatory on Femicide. We have heard a lot of things
the motif. It is interesting to say that the countries with today, we have heard a lot about the importance of
the lower level of femicide are mostly in Europe while collating and collecting data; having not just data as
countries with higher levels of femicide are located in figures but also more qualitied information that
in the Americas. Unfortunately, we don’t have many can better inform in relation to the context of specific
countries from Africa and Asia that are able to report individual cases which can also identify gaps that might
on this crime. be present in the system that actually fails to stop and
In conclusion, I just wanted to remind that we are trying prevent femicide. We have also heard already about the
at the UNODC to obviously improve the statistical and importance of working together, collaborating, liaising
evidence information on femicide. Besides assisting and joining efforts. Well, the European Observatory
countries to produce this data we are finalizing a intends to do all of these things slowly, slowly and step
manual to implement this classification so that we can by step.
be more and more precise in terms of guidelines to
produce this data, including on gender-based killings. But the Istanbul Convention, I am sure you have already
By the end of the year we should start our Third Global heard a lot about it over the years that it has been
Study on Homicide, which includes a large section on into force. Maybe I will just add a couple of things.
gender-based killing. We also continue the annual One, of course, that it is a legally binding convention
activity of collecting this data, which it is the backbone so that countries that ratified it are legally bound to
of all the other activities that I mentioned. fulfil its provisions. Second, we are hoping that all the
members of the Council of Europe will eventually sign
For the future, in order to improve the provision of it and ratified it. But also that it is opened to other
high quality data on this there are many things that bodies outside of the Council of Europe including the
need to be done. At the national and regional level, we EU, which already signed it. It addresses all of forms
need to improve constantly our work to profile, to give of violence against women and domestic violence.
an overview of femicide as well as all the additional It lists very specific measures to be taken as part of a
information that we need to understand the drivers, holistic approach in terms of prevention, protection
the protective factors behind femicide. So it is other and support to victims and most importantly in relation
information that it is needed. It is not only the numbers, to the prosecution of the perpetrators. The underlying
the total numbers but if there is other contextual message of the convention is that every single form
information specifically often on the perpetrator like of gender-based violence must be responded to in
abuse of drugs, alcohol and other things. This context a swift and professional manner and that the rights
information can really help us to understand what and the needs of the victims their safety and their
really drives femicide. Last but not least, there are empowerment must be kept at the centre of the work
many organisations, especially at the regional level that we do.
that are working on the collection of data, production
and provision of analysis and I think it is time that we When it comes to femicide, we can refer to several
improve our respective coordination so that we are obligations within the Istanbul Convention in different
able to produce maybe less numbers but more high- chapters. Starting with the very basic the Convention
quality, more standardized and more analysis. contains the obligation to criminalize physical violence
against women including deathly violence and stalking
3. Statement by Marceline Naudi, First Vice-President which as many people will be aware is one of the
of GREVIO & Scientific Director European Femicide highest risk factors in relation to femicide. So people
Observatory who are stalked are at great risk of being killed. That
is being Article 34 and Article 35 amongst others.
I realise I am the last speaker, but definitely a speaker The Convention obliges law enforcement agencies to
after many speakers in the afternoon of the lunch. I respond to such violence promptly and appropriately. I

76
refer to this, obviously, in cases of femicide as in many be still a bit angry and we know that femicide can occur
cases in intimate partner violence there have been at that time. So the Convention says you must warn the
reports. Women have reported that they have been victim when the man or the perpetrator is going to be
victims of violence and if there is another report and released or has escaped.
if the police do and other law enforcement agencies
respond promptly and appropriately, this is a small The Istanbul Convention has been ratified by 30 states
thing that can be done and it might decrease, prevent of the Council of Europe and all other members of the
the number of femicide. The Convention makes it also Council of Europe except of Russia and Azerbaijan have
a binding obligation to ensure emergencies barring signed their intention to ratify as well as, of course, the
and protection or restraining orders for all the forms of EU has signed, but not ratified. The GREVIO is one by
violence. We know there are more and more countries one monitoring the implementation of the countries
that have adopted some form of barring and protection that have ratified. So Grevio, that’s us. We go, we do the
orders, which it is so important. Women, victims of actual monitoring, we go to the country, we look at the
intimate partner violence, tend to normally underplay reports and then we come out with recommendations
not overplay. They tend to minimize, not exaggerate and those recommendations and report are send to the
the violence that they go through. If a woman is asking Committee of the Party, but then it is the Committee of
for a protection order, then she should get a protection the Party who then says so country you need to this
order, but it is not good just putting it on paper that or you need to do that. The whole process is triggered
protection order needs to be monitored appropriately by the sending of the questionnaires so when it is
and if it is breached proper action needs to be taken your country’s turn the secretary of GREVIO will send
and that would get the message across. The Convention out the questionnaire which is a public document
also makes risk assessment and risk management on the website and anybody can look at it anytime.
mandatory by all relevant authorities and again this is And the questionnaire is actually quite detailed. We
about assessing the risk. specifically ask for administrative and judicial data in
relation to any cases of violence resulting in the death
There are also several other measures in the of a woman. We ask for data in relation to not just the
convention, which are important in relation to the death but any attempt; the overall number of such
context of the criminal justice. For example, there will cases; number of perpetrators convicted in relation to
be no justification accepted in the terms of cultures, this cases; their sentences and in how many cases the
customs, traditions, religion or so-called owner of the authorities has prior knowledge of women exposure to
perpetrator. This had already been mentioned several violence. As you can imagine many states have great
times, but the convention is very strong on this. We difficulties giving us all of these things that we want,
have to be very clearly on this. We have had a tradition we do ask for them, but we don’t often get them. The
in European countries in relation to crimes of passion. one we get the most it is the numbers like how many
Have you ever heard this term? Crimes of passion are women have been killed. However, by asking for these
the so-called honour. It is when the man’s so-called things we are obliging states to collate such data if they
honour has been offended by his woman daring to aren’t doing it yet, we are telling them that we are
look at another man or whatever it is she might have asking them for this and the ones already know that
done and in his passion he kills her and then uses it as are going to be monitored next year or the year after or
a defence. Just to be clear when we say no justification already scrambling around trying put data together. If
culture, customs, traditions, religion or so-called they don’t have data available then the next time they
honour we are referring to it widely. The Convention are going to be monitored, I am sure that they will be
also seeks to put an end to lenient criminal sentences attempting to do so.
for the killings of women, because they were perceived
to be transgressing a role that the perpetrator had Just as last one I would like to mention the importance
imagined for them so this is obviously tight with the of due diligence which again we talked about
previous one. Furthermore, the Convention also accountability of the states. GREVIO also frames
requires that women be informed of any early release gender-based killings of women and state inaction as a
or escape, which it is also very important again. Because due diligence issues and its follows the approach taken
sometimes when man get a custodial sentence for by the European Court of Human Rights in its Opuz v.
having abused a woman when he comes out, he might Turkey.

77
© “Paula, approximately 30 years old” illustrated by Valeria Araya Tamayo

No Estamos Todas is an illustration project to visualize victims of feminicides and transfemicides in Mexico. A collection
of their meaningful work complements this tenth volume of FEMICIDE. Further information can be found on www.
noestamostodas.com.

78
 Online and ICT-facilitated violence against women is understood
PREVIEW OF FEMICIDE XI as “any act of gender-based violence against women that is com-
mitted, assisted, or aggravated in part or fully by the use of ICT,
Saide Mobayed such as mobile phones and smartphones, the Internet, social media
September 2018 platforms or email, against a woman because she is a woman, or
affects women disproportionately” (UNSRVAW, 2018).

On the International Day for the Elimination of Violence Against Women (25th of November) there will be a symposium
on cybercrimes commited against women.

GENDER INEQUALITY IN THE DIGITAL ERA: ADDRESSING ONLINE AND ICT-FACILITATED VIOLENCE AGAINST WOMEN

When women and girls do have access to and use the Internet, they face online forms and manifestations of violence
that are part of the continuum multiple, recurring and interrelated forms of gender-based violence against women.

— Dr. Dubravka Šimonović,

UN Special Rapporteur on violence against women, its causes and consequences

Notwithstanding that the last 40 years have shown an incredible global advance in framing women’s rights as human
rights, violence against women and girls (VAW) is far from being dealt with and, moreover, recurrently manifests itself
across different spaces: both in the offline and in the online realm. The rapid increase of the current digital age has
changed the ways in which people in society meet, interact, interrelate and communicate. Unfortunately, the
inequalities produced by patriarchal structures are extrapolated from the offline into the online sphere. Although
ICT-facilitated violence against women is considered a relatively new phenomenon, the scarce data collected on this
matter estimates that 23% of women have experienced online abuse or harassment at least once in their life and 1 in
10 women have experienced some form of online violence since the age of 15.

Recent documented cyber-attacks against women and girls vary in forms and across nations. The severity of its
consequences lead to suicide, being that the case of Amanda Todd, who was only 13 years old when the cyber
bullying she was tormented with—which included sexual exploitation—lead her to take her own life in 2012. Similarly,
Rehtaeh Parsons was 15 when she committed suicide after being gang raped by her classmates, photographed and
exposed to a wide range of victim-blaming online abuses1.

Even though the VAW Learning Network recognizes six broad categories that encompass forms of online against
women and girls: hacking, impersonation, surveillance/tracking, harassment/spamming, recruitment and
malicious distribution; and a report of the European Institute for Gender Equality (EIGE) identifies cyber stalking,
cyber harassment and non-consensual pornography as ICT-facilitated forms of VAW; the lack of tangible data and
international normative frameworks aimed at addressing this heinous phenomenon across Member States are
seldom established and regulated.

In her latest report2 the UN Special Rapporteur on Violence against Women, Dr. Dubravka Šimonović extensively
addresses her concern on this phenomenon and calls upon the States and non-State agents to recognize online and
ICT-facilitated violence against women and girls as a human rights violation and a form of discrimination and gender-
based violence against women. She encourages States to act in accordance with the principle of due diligence to
measure and prohibit these new emerging forms of online gender-based violence.

1  UN Women and UNDP, 2015, Cyber Violence against Women and Girls: A World-Wide Wake-up Call. A Report by the UN Broadband Commission for Digital
Development Working Group on Broadband and Gender. Available at: http://www.unwomen.org/~/media/headquarters/attachments/sections/library/
publications/2015/cyber_violence_gender%20report.pdf?v=1&d=20150924T154259.
2  UNGA, 2018, Report of the Special Rapporteur on violence against women, its causes and consequences on online violence against women and girls from a
human rights perspective.

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Consequently, in the frame of the International Day for the Elimination of Violence against Women, ACUNS Vienna
Liaison Office Femicide Team brings together the Gender Inequality In The Digital Era: Addressing Online And ICT-
Facilitated Violence Against Women event, which aims to join this debate by highlighting the insufficient quantitative
and qualitative data collection and thus availability, limited attention and recognition of online and ICT-facilitated
violence against women and girls as a form of VAW. Therefore, it seeks to reach the following objectives:

Objectives:

• To introduce and recognize online and ICT3-facilitated forms of violence against women and girls (VAW) as a form
of VAW;

• To conceptualize online and ICT-facilitated forms of violence against women and girls (VAW) within the gender
and human rights international normative framework;

• To discuss the possibilities offered by the international human rights instruments, the international women’s
human rights law and standards, and the Sustainable Development Goals (SDGs) to tackle online and ICT-
facilitated violence against women;

• To explore the responsibilities of Member States, Internet intermediaries and all stakeholders to ensure
women’s and girls’ safe and secure access to online and ICT products and services;

• To debate and identify ways to ensure accurate quantitative and qualitative data collection regarding incidents
of online violence against women and girls;

• To share good practices on the rule of law regarding online and ICT-facilitated forms of violence against women;

• To identify justice response mechanisms and preventive measures that Member States and Internet
intermediaries should introduce to ensure the prevention, sanction, attention and elimination of online violence
against women and girls.

ABOUT

Saide Mobayed is the current Senior Editor and Content Manager of the “Global Knowledge Hub to Prevent and
Eliminate the Gender-related Killing of Women and Girls” (http://femicide-watch.org/). She has collaborated with the
“Gender and Justice” project at UNODC Mexico and has been an active member of ACUNS Vienna Liaison Femicide
Team since 2016. Mobayed holds an Erasmus Mundus Master’s Degree in Global Studies, where she thoroughly
analysed the transnational dimension of violence against women (VAW), a research that will be continued during her
current PhD project at the Centre for Globalisation and Global Governance in the University of Hamburg. 

3  Information and Communication Technology.

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ESPAÑA: LA PUERTA DE ENTRADA DE LA TRATA DE PERSONAS CON FINES DE
EXPLOTACIÓN SEXUAL EN EUROPA
Graciela Atencio y Nerea Novo, www.feminicidio.net
September 2018

La trata de seres humanos con fines de explotación un país de destino, origen y tránsito para hombres,
sexual – esclavitud del siglo XXI – es abordada en este mujeres y menores sujetos a trabajos forzados y trata
artículo con perspectiva de género. Consideramos de personas con fines de explotación sexual. Mujeres
que representa una vulneración grave de los derechos de Europa del Este (particularmente de Rumanía y
humanos vinculada a la existencia del sistema patriarcal Bulgaria), Sudamérica (particularmente de Venezuela,
– la dominación de los hombres sobre las mujeres y la Paraguay, Brasil, Colombia y Ecuador), China y Nigeria,
desigualdad estructural de las mujeres – y a la demanda son sujetas a tráfico sexual en España”.
de prostitución.
En el informe se recomienda a España mejorar la
¿Por qué España es la puerta de entrada de la trata de formación en la identificación proactiva de víctimas,
personas con fines de explotación sexual en Europa? en particular de mujeres en prostitución, migrantes
Para responder a esta pregunta nos referimos a tres irregulares, menores no acompañados y trabajadores
factores que influyen y convierten a este país en en industrias y regiones agricultoras con grandes
un punto neurálgico global de este tipo de trata de índices de explotación laboral” (U.S. Department of
personas. State, 2018: 392-3).

1. País de origen, tránsito y destino de la trata de 2. La demanda de prostitución en España, entre las
personas con fines de explotación sexual más altas de Europa

España se ha considerado tradicionalmente como Según un dato oficial de la “Encuesta de salud y hábitos
un país de tránsito y destino de víctimas de trata, no sexuales” del Instituto Nacional de Estadística (INE,
como un país de origen. En este sentido, la Comisión 2003), uno de cada cuatro hombres dijo haber hecho
Europea en el reporte Comprehensive Plan to Combat “uso de prostitución” alguna vez en su vida. Más aún,
Trafficking in Human Heings for the Purpose of Sexual un siete por ciento dijo haberlo hecho en el último año.
Exploitation hace referencia a un informe de la Oficina
de las Naciones Unidas contra la Droga y el Delito De forma similar, según un dato más actual, del
(UNODC) de 2016 (Trafficking in Persons: Global “Informe sobre trata con fines de explotación sexual” de
Patterns) en el que concluye que España no es un país la Asociación para la Atención, Prevención, Reinserción
de origen pero se considera que tiene un nivel bajo de Mujeres Prostituidas (APRAMP, 2011), casi cuatro
(low level) de tránsito de víctimas de trata de Brasil, de cada diez hombres han consumido alguna vez o son
Sudamérica y África. Sin embargo, según el mismo consumidores habituales de prostitución. Los pocos
informe, España es considerado un país de destino estudios realizados coinciden en que España ocupa el
importante entre víctimas de Colombia, República primer o segundo lugar de Europa en el consumo de
Dominicana, Nigeria, Rusia, Ucrania, Rumanía, Bulgaria, prostitución y trata de mujeres y niñas, y ha pasado
Brasil, Croacia, República Checa, Hungría, Marruecos, de ser un país de tránsito a uno de destino de mujeres
Polonia, entre otros países. Así, un análisis de la trata traficadas, lo cual se vincula, en parte, al aumento de
de personas en España revela que está claramente la demanda.
ligada a la prostitución. Como indica la introducción de
dicho documento: “la trata de mujeres y niñas y niños Pese a dichos números, las encuestas y estudios sobre
jóvenes existe porque existe la prostitución” (Comisión el sujeto que consume prostitución son escasos y
Europea, 2009–2012: 7). se estima que solo el uno por ciento de los estudios
sobre la prostitución tienen como objeto principal
Más adelante, en 2018, el informe Trafficking in de investigación al demandante (Ranea, 2016). Otra
Persons publicado por el Departamento de Estado de las conclusiones que se tiene de los recientes
de los Estados Unidos de América, señala: “como trabajos académicos en España sobre la demanda de la
lo reportado en los últimos cinco años, España es prostitución es que los demandantes son cada vez más

81
jóvenes y toman a las prostitutas como simples objetos por demandantes de prostitución (el 76,2%, es decir,
de consumo y entretenimiento y, en muchas ocasiones, 32 casos), siete fueron asesinadas por sus parejas
no reconocen que estas mujeres son víctimas de o exparejas en feminicidios íntimos (el 14,3%) y las
explotación sexual (Ranea, 2016). otras tres fueron registradas en tres tipos diferentes:
un feminicidio transfóbico, un asesinato de mujeres
2.1. Tipos de demandante de prostitución por crimen organizado y/o narcotráfico y un asesinato
sin datos suficientes. De las 42 víctimas asesinadas,
Uno de los pocos testimonios de supervivientes de solo cinco (feminicidios íntimos) fueron reconocidas
trata de personas que hace una clasificación de tipos oficialmente como víctimas mortales por violencia de
de demandantes de prostitución es el de Amelia género (Geofeminicidio.com, 2018).
Tiganus, compañera de Feminicidio.net, originaria de
Rumanía y superviviente de trata de personas con fines 2.3. La Resolución Honeyball
de explotación sexual en España. Tiganus fue explotada
sexualmente durante cinco años y pasó por más de 40 La resolución del Parlamento Europeo del 26 de febrero
prostíbulos de todo el país durante ese tiempo. Con de 2014, sobre explotación sexual y prostitución y su
base en su experiencia, se han distinguido tres tipos impacto en la igualdad de género (2013/2103(INI)),
de demandantes de prostitución (llamados puteros en afirma con rotundidad que “la prostitución y la
España) (Bindel, 2018): prostitución forzada están intrínsecamente ligadas
a la desigualdad de género en la sociedad y tienen
El putero majo era el que hablaba mucho conmigo. un efecto en la posición social de las mujeres y los
[…] Este tipo de demandante no solo quiere comprar hombres en la sociedad así como en la percepción
el cuerpo sino también el alma, los sentimientos y de las relaciones entre mujeres y hombres y en la
el afecto. Pasaba de ser el “novio” más cariñoso a sexualidad, perpetuando los estereotipos de género
llamarme “puta asquerosa”, “mentirosa” y “estafadora”, y el pensamiento estereotipado sobre las mujeres
de la forma más violenta si no ejercía bien el rol por el que venden sexo, así como la idea de que el cuerpo
que había pagado. de las mujeres y niñas está en venta para satisfacer la
demanda masculina de sexo”.
El putero macho pagaba, penetraba y se iba. […] Para
ellos las putas son cuerpos con agujeros que penetrar. Esta resolución histórica marca un antes y un después
No les importa lo que pensemos. Debemos actuar para sobre la visión de la explotación sexual debido a que
él tal y como en las películas: gemir, sonreír y fingir que relaciona la explotación con la demanda y exhorta
participamos. Luego se va y deja un cuerpo violado y a los Estados europeos a que pongan el foco en la
dolorido. penalización de los demandantes de prostitución ante
el fenómeno de la trata.
Si el proxeneta no nos mata, el putero misógino es
el tercer tipo. Es el más violento. La tortura física y 3. El negocio de la prostitución y el turismo sexual
mental que estos sádicos llevan a cabo son difíciles de
narrar. Mordidas, pinchadas, apaleadas, insultadas, En España, desde la entrada en vigor del artículo 177 bis
humilladas, reducidas a nada. Cuanto más dolor, del “Código Penal por delito de trata de seres humanos”
humillación y miedo infligen, más lo disfrutan. (BOE-A-2015-3439, 2015), los datos sobre procesos
penales son recogidos por la Unidad de Extranjería de la
2.2. Feminicidios por prostitución Fiscalía General del Estado y según esa fuente judicial,
el 90% de los procesos penales seguidos de este delito
También es difícil encontrar estudios que hagan están vinculados al negocio de la prostitución; un 32%
referencia a la violencia y violencia extrema que más que la media mundial. En palabras de Patricia
padecen las mujeres que ejercen la prostitución a Fernández Olalla, Fiscala de la Audiencia Provincial
manos de sus clientes. Desde 2010, en Feminicidio. de Madrid: “esta cifra es extrapolable a las más de
net, hemos registrado 42 mujeres asesinadas que cincuenta sentencias condenatorias que hasta la fecha
ejercían la prostitución (el 4,4% de las 962 víctimas (2018) se han dictado por las Audiencias Provinciales
registradas). De ellas, tres de cada cuatro fueron por este delito. Por lo tanto la relación directa entre la
víctimas de feminicidios por prostitución, asesinadas trata y la prostitución es, a mi juicio, incuestionable”.

82
Las personas detectadas en situación de riesgo de trata euros o su equivalente: 10 millones de euros por día.
por haber sido localizadas en entornos vinculados con Pero estas no dejan de ser estimaciones ya que el
el ejercicio de la prostitución “son casi exclusivamente Estado español no es transparente en este tema. Para
mujeres”, la mayoría tienen entre 24 y 35 años y en empezar, debería realizarse un censo de mujeres en
casi todos los casos a excepción de una persona, los situación de prostitución debido a que sólo existen
demandantes son hombres consumidores de los tres cálculos estimativos del número de víctimas explotadas
tipos de prostitución, callejera, en locales de alterne y sexualmente, que según el Centro de Inteligencia
en pisos (Fernández Olalla, 2018). contra el Crimen Organizado (CITCO), serían unas
45.000 mientras que otras fuentes elevan las cifras a
3.1. La crisis económica y la vulnerabilidad de mujeres más de 100.000.
y niñas
3.3. España, destino de turismo sexual
El vínculo de la trata de personas con la prostitución
viene especialmente reforzado por las situaciones Por otro lado, hay registrados 1.500 clubes de alterne
de vulnerabilidad en las que se encuentran muchas permitidos, pero no existen cifras aproximadas de
mujeres y niñas antes de ser traficadas. En este sentido, cuántos pisos (prostitución ejercida en viviendas
un informe de Europol en 2016 concluía lo siguiente: particulares, la modalidad que más está creciendo)
dedicados a la oferta de prostitución.
“Como resultado de la crisis económica, hay un aumento
de la demanda de mano de obra barata. Aunque los Por último, en el 2017 ingresaron a España 85 millones
consumidores crean demanda de productos y servicios, de turistas que han gastado 85.000 millones de euros
incluyendo el sexo comercial, el trabajo doméstico y los en un año. ¿Cuántos de esos turistas forman parte
trabajos de cuidados, solo unos pocos son conscientes del turismo sexual? Este país es uno de los principales
de las obligaciones contractuales y las condiciones destinos a nivel global para demandantes de
laborales de los empleados. Por ejemplo, en países prostitución, al igual que Tailandia, Brasil o Indonesia
en los que la prostitución es legal y está regulada, es (El Mundo, 2018). Comunidades Autónomas como
posible que el trabajo sexual se vea afectado por la Islas Canarias o Catalunya, son consideradas destinos
demanda de mano de obra barata” (Europol, 2016:11). de turismo sexual para algunos expertos y ONG que
luchan contra la trata de personas. Las instituciones
Estas condiciones, asegura el informe, “son clave para públicas y los gobiernos no han tomado cartas en el
la toma de decisiones de los tratantes: “Austria, Bélgica, asunto todavía ni existen estudios ni campañas de
Francia, Alemania, Italia, Países Bajos, España, Suiza prevención de la trata de personas y la explotación
y el Reino Unido, son los destinos más elegidos por sexual de mujeres y niñas.
los traficantes debido a la gran demanda de servicios
sexuales y mano de obra barata” (Europol, 2016:16). 3.4. Una Ley Integral contra la Trata de Personas

3.2. La prostitución es alegal España ha firmado y ratificado instrumentos

internacionales de vital importancia para la lucha contra
En España la prostitución no está regulada, como la trata de personas con fines de explotación sexual.
tampoco lo están en Portugal e Italia. No se criminaliza Nos referimos al “Protocolo de Palermo” (Naciones
a las prostitutas pero se persigue el proxenetismo. Unidas, 2000), el “Convenio número 197” del Consejo
Podemos concluir, entonces, que la trata de personas de Europa sobre la lucha contra la trata de personas, y
con fines de explotación sexual y la demanda de la la “Directiva 2011/36” de la Unión Europea.
prostitución han crecido con este modelo legal que Sin embargo y a pesar del compromiso asumido por el
actualmente resulta insuficiente para combatir la Estado español a través de instrumentos internacionales
esclavitud del siglo XXI. firmados y ratificados, todavía tiene una asignatura
Además, en España desde 2014, el Instituto Nacional pendiente que demandan organizaciones sociales,
de Estadísticas (INE) introdujo una estimación de expertos, el movimiento feminista y defensores de
cuánto aporta la prostitución al Producto Interior derechos humanos: la aprobación de una Ley Integral
Bruto nacional (PIB): un 0,35% del PIB, lo que supone contra la Trata de Personas, que no sólo abarque todas
actualmente un ingreso anual de 4.100 millones de las formas de este delito sino que también criminalice

83
la demanda, incorpore la perspectiva de género y la (2003), Encuesta de salud y hábitos sexuales.
interseccionalidad; que incluya la reparación de las Disponible en: http://www.ine.es/dynt3/inebase/
víctimas y supervivientes “todavía invisibles” (Daza es/index.htm?type=pcaxis&path=/t15/p455/a2003/
Bonachela, 2016, p. 316). La reparación debe estar p09&file=pcaxis
enmarcada en políticas públicas que les permita a las
mujeres y niñas salir de la exclusión social y recuperarse FERNÁNDEZ OLALLA, PATRICIA, (2018), Boletín de
de las secuelas de la explotación sexual. La sanción de Violencia de Género Número 5, Juezas y Jueces
dicha ley implica todo un reto que el Estado español no para la Democracia. Disponible en: http://www.
puede seguir postergando. juecesdemocracia.es/2018/02/19/boletin-violencia-
genero-numero-5-2018/
BIBLIOGRAFÍA
RANEA, BEATRIZ, (2016), ¿Por qué los hombres
APRAMP, (2011), La trata con fines de explotación jóvenes consumen prostitución? Disponible en:
sexual. Disponible en: https://apramp.org/download/ https://obser vatorioigualdad.unizar.es/sites/
la-trata-con-fines-de-explotacion-sexual/ observatorioigualdad.unizar.es/files/users/obsigu/1o_
BINDEL, JULIE, (2018), The Underbelly of the Sex-Trade premio._hombres_jovenes_y_prostitucion_beatriz_
Industry. Disponible en: https://observatorioigualdad. ranea_v_01.pdf
unizar.es/sites/observatorioigualdad.unizar.es/files/
users/obsigu/1o_premio._hombres_jovenes_y_ UNITED STATES DEPARTMENT OF STATE, (2018).
prostitucion_beatriz_ranea_v_01.pdf Trafficking in Persons Report. Disponible en: https://
COMISIÓN EUROPEA, (2009–2012), Comprehensive www.state.gov/documents/organization/282798.pdf
Plan to combat trafficking in human beings for the UNODC, (2016), Global Report on Trafficking in Persons.
purpose of sexual exploitation. Disponible en: https:// Disponible en: http://www.unodc.org/documents/
ec.europa.eu/anti-trafficking/sites/antitrafficking/ data-and-analysis/glotip/2016_Global_Report_on_
files/comprehensive_plan_on_combating_ Trafficking_in_Persons.pdf
thb_2009_2012_en_1.pdf

DAZA BONACHELA, MARÍA, (2016), Escuchar a las

Víctimas. Victimología, Derecho Victimal y Atención a
las Víctimas. Tirant lo Blanch, Valencia.
EL MUNDO: “La actividad de la prostitución
supone el 0,35% del PIB nacional”, publicado el
01/09/2018. Disponible en: http://www.elmundo.es/
espana/2018/09/01/5b8990cb46163f05758b45e2.
html

EUROPOL, (2016), Situation Report: Trafficking in human

beings in the EU. Disponible en: https://ec.europa.eu/
anti-trafficking/sites/antitrafficking/files/situational_
report_trafficking_in_human_beings-_europol.pdf

HONEYBALL, MARY, (2014), Report on sexual

exploitation and prostitution and its impact on gender
equality (2013/2103 (INI)). RR/1018004EN. doc.
European Parliament, Committee on Women’s Rights
and Gender Equality, Brussels. Disponible en: http://
www.europarl.europa.eu/sides/getDoc.do?pubRef=-//
EP//TEXT+REPORT+A7-2014-0071+0+DOC+XML+V0//
EN

INSTITUTO NACIONAL DE ESTADÍSTICA (INE),

84
SUICIDAL-FEMICIDE CONDITIONING: A TACTIC OF FAMILIY-BASED NON-STATE
TORTURERS AND TRAFFICKERS OF A DAUGHTER
Jeanne Sarson and Linda MacDonald
September 2018

This paper expands on the discussion recorded in the Rather it has been predominately operationalized as
minutes of the 2015 Civil Society Hearing that occurred a human right violation when inflicted against warring
during the 24th session of the Commission on Crime men. However, there are exceptions. For example,
Prevention and Criminal Justice. The minutes read, Queensland, Australia’s law, section 320A Torture,
“victim assistance: interest was expressed to bring the criminalizes torture regardless of the torturer’s status;
issue of survivors of non-state torture to the attention Canada, conversely, refuses to criminalize NST. Canada’s
of the Crime Commission (e.g. case of girls trafficked by message to a woman so victimized is that naming and
their parents, which falls under UNTOC)”. The specific criminalizing NST is “redundant” because NST will be
focus of this paper is exposing family-based torturers’ addressed as aggravated assault for example.
method of forced conditioning of daughters from a very Women describe surviving many, all, or more of the
young age—as pre-schoolers—to practice committing forms of NST listed in the patriarchal discrimination
suicide if ever they disclose the organized family-based model. Additionally, for some women this includes
non-State torture (NST) and human trafficking crimes suffering NST psychological conditioning to commit
perpetrated against them. This tactic if successful— suicide if ever telling on “the family”, consequently
that is, the girl or as a woman commits ‘suicide’— suicidal-femicidal conditioning can occur during
ensures the perpetrators’ will not be detected. Non- healing-telling recovery interventions. One woman,
State torturers can be fathers, mothers, extended Elizabeth, describes the NST suicidal-femicide
family members, and other persons families have buil conditioning inflicted onto her as a pre-schooler that
t like-minded local, national, or transnational networks lasted for decades. She writes:
with.
But first, we share our model of patriarchal It took recovery and healing to know and understand
discrimination (figure 1). It lists non-State tortures’ acts what they did because for a long time I was in
that mimic State torturers’ acts. Suffering torture has flashbacks feeling/seeing releasing the torture ordeals.
been globally and legally discriminately generalized as a I was seeing the men’s hands around mine on the knife
non-human right of women and girls when perpetrated holding it pressed into my stomach hearing their words
in the domestic/private sphere by non-State actors. “die if you tell”. I understood I had to kill myself if I told

85
. . . . When I began to tell or even thought about telling equality in law; and Goal 16 ending torture, violence,
the knife torture flashback would be right up front . . . and exploitation of children.
. If I killed my-Self with the knife they would be able to 2. Including all forms of suicidality that are
say “she was crazy...she did it to her-Self” because it conditioned, counselled, or aided tactics inflicted by
would be my hands on the knife and my finger prints . perpetrators of gender-based violence as a specific
. . they told me this lots of times . . . . men usually the form of femicide.
Uncle . . . forced me to hold the knife to my stomach 3. Promoting the development of NST
and told me to kill my-Self with the knife if I ever told victimization-traumatization informed care so NST
(email communication September 1, 2018). victimizations including suicidal-femicide conditioning
and all NST survival responses can be knowledgably
This paper is the first time we have written of violent addressed. Women frequently explain to us that
NST suicidal-femicidal conditioning victimization suicides occurred within NST families and networks;
perpetrated against girls and women within intimate maybe such suicides could be among the unsolved
relationships. Counselling or aiding suicide is, for femicides discussed by Dawson.
instance, a specific Criminal Code offence in Canada 4. Supporting Everywoman Everywhere, which is
under section 241. It reads: a global coalition working towards the development of
a global legally binding human rights treaty addressing
Everyone who (a) counsels a person to commit suicide, violence against women and girls, a recommendation
or (b) aids or abets a person to commit suicide, whether of Rashida Manjoo, previous UN Special Rapporteur on
suicide ensues or not, is guilty of an indictable offence, violence against women.
and is liable to imprisonment for a term not exceeding 5. Promoting women’s and girls’ human rights
fourteen years. equality and preventing ongoing gender-based
misogynistic discrimination by initiating the United
Therefore, denial that such a violent victimization can Nations Declaration on Human Rights Education and
occur is unjust. Furthermore, if criminal codes do not Training within all sectors of society.
codify NST crimes this gravely distorts the complex 6. Critiquing written and verbal language when
human right violating tactics perpetrated by non- referring to sexualized violence and sexualized NST
State torturers including the conditioning of suicidal- by not using the phrases ‘sexual violence or sexual
femicide responses. And if family-based NST and torture.’ There is absolutely nothing ‘sexual’—meaning
human trafficking relationships remain invisibilized relating to sex acts—about such a violent crime as
these torturers will continue to function with impunity. NST. We suggest, therefore, using “sexualized NST”
Additionally, NST victimization-traumatization for example to also de-sex torture and all forms of
responses such as suicidal-femicide conditioning sexualized violence.
flashbacks described by Elizabeth means she and her
NST victimization-traumatization responses will likely End Notes
be misunderstood and potentially inappropriately
addressed. i
Available on Google internet as: 2015-05-19 Summary
Civil Society Hearing.docx.
What can be done? We suggest the following ii
Sarson, J., & MacDonald, L. (2016). Seeking equality,
operative interventions of: justice and women’s and girls’ human right not to be
subjected to non-state torture. In J. Scutt (Ed.), Women,
1. Naming NST as a specific human rights Law and Culture Conformity, Contradiction and Conflict
violation, remedying this gap with a resolution (pp. 263-281), London, UK: Palgrave.
identifying that all women and girls have the human iii
Adapted from: Sarson, J., & MacDonald, L. (2009
right not to be subjected to torture by non-State actors winter). Torturing by non-state actors invisibilized,
in the domestic/private sphere. The UN Universal a patriarchal divide and spillover violence from the
Declaration of Human Rights dictates in article 5 that military sphere into the domestic sphere. Peace Studies
no one—including women and girls—shall be subjected Journal, 2(2), 16-38.
to torture. This promotes Sustainable Development iv
Mendez, J.E. (2018). Introduction. In Gender
Goals: Goal 5 eliminating all forms of gender-based Perspectives on Torture: Law and Practice (pp. xi-xiv).
discrimination and violence; Goal 10 promoting Center for Human Rights & Humanitarian Law’s Anti-

86
Torture Initiative, American University Washington began in 1993 only five years after the work of the
College of Law. UN Committee against Torture which began in 1988. 
v
Criminal Code Act 1899 Qld (Australia). Additionally, they had been working in this invisibilized
vi
Jones, J., Sarson, J., & MacDonald, J. (2018). How space for fifteen years before the Committee released
torture is gendered and invisibilized: Canada’s non- its General Comment No. 2 wherein they spoke about,
compliance with the Committee against Torture’s for the first time, non-State actors and violence
recommendations. In Gender Perspectives on Torture: against women and girls that manifested as non-State
Law and Practice (pp. 33-56). Center for Human Rights torture.  Their website: www.nonstatetorture.org.
& Humanitarian Law Anti-Torture Initiative, American
University Washington College of Law.
vii
Ibid.
viii
We, however, did present in 2015, “Non-State
Torture & Suicidality: Another way Perpetrators try
to Kill Women & Girls”, during the 59th Session of the
CSW in a parallel event titled, “Stop Femicide! States’
obligations and the role of women’s NGO”, sponsored
by NGO WAVE.
ix
Retrieved from Criminal Code of Canada http://www.
criminal-code.ca/criminal-code-of-canada-section-
241-counselling-or-aiding-suicide/index.html
x
Sarson, J. and MacDonald, L. (2018, 28 February).
Civil society statement, Modern Day Slavery, Non-
State Torture, Human Trafficking, presented to the
United Nations 37th session of the Human Rights
Council. Retrieved from http://www.nonstatetorture.
org/~nonstate/application/files/3415/2279/2952/
HRC2018CSOStatement.pdf or seen on vimeo retrieved
from https://vimeo.com/264580610
xi
Dawson, M. (2018). Femicide in Canada: Accountability
and punishment. Femicide Volume IX, Femicide, State
Accountability and Punishment, 14-23.
xii
See http://everywomaneverywhere.org
xiii
Manjoo, R. (2018). Closing the normative gap
in international law on violence against women:
Developments, initiatives and possible options. In
R. Manjoo & J. Jones (Eds.), The Legal Protection of
Women from Violence (pp. (199-214), London, UK:
Routledge.
xiv
See A/RES/66/137, https://documents-dds-
ny.un.org /doc/UNDOC/GEN/N11/467/04/PDF/
N1146704.pdf?OpenElement

ABOUT

Linda MacDonald and Jeanne Sarson, co-founders

of Persons Against Non-State Torture, are nurses,
feminists, grass roots human rights activists, published
authors, and researchers.   They continually focus
on finding ways to break the silence that invisibilizes
women’s survival of non-State torture, both as children
or when adults.  They are pioneers in that their work

87
CAMPAIGNS AGAINST FEMICIDE
Helena Gabriel
September 2018

The existence of the practice of femicide is widely The world has seen a wave of powerful protest against
accepted, laws against it have been implemented gender-related killings. Millions of women and men all
and policies fighting gender-related killings have been over the world have contributed and sacrificed a lot in
established – on paper a lot has changed since Diana order to end violence against women. Others must join
E. H. Russell introduced the term femicide for the these challenging efforts in order to make the content
first time during the International Tribunal on Crimes of the booklet at hand history instead of reality.
Against Women in 1976.
The following paragraphs are dedicated to the
Nevertheless, the famous findings of Jacqueline most inspirational and effective campaigns against
Campbell are still valid, “all women are at risk of femicide, their purposes, outcomes and strategies.
femicide” and the fear of becoming a victim of gender-
related killing accompanies a large number of women
day by day. Globally the number of gender-motivated Orange the World
killings is rising. Further, in many regions discriminatory
societal systems intensify due to war, extremism or Every year UN Women and its partners around the
humanitarian crisises such as extreme poverty. In many world mark the 16 Days of Activism Against Gender-
societies women are still automatically of lower value Based Violence from November 25th (International
than men. Hence, all legal efforts to end femicides and Day for the Elimination of Violence against Women)
violence against women have not yet fully reached the to 10th December (International Human Rights
social level, where gender-related killings are actually Day) using the colour orange as a visible signature.
happening. Femicide, the most extreme case of gender- Worldwide important buildings and monuments are
based violence, can thus be seen as a "barometer" in oranged during that specific period of time in order to
terms of testing the attitudes of a whole nation towards set a visible sign to end violence against women. The
violence against women. orange lighting of important buildings is accompanied
by an educational campaign and diverse informational
This is where the importance of educational campaigns events around the world.
and civil society movements has to be outlined. Further information can be found on www.unwomen.
org.
Over years social engagements have been the driving
force of a growing political will and legal adjustments to Ni Una Menos
end violence against women and also the cornerstone
of the empowerment of women and girls in combating #NiUnaMenos which translates to #NotOneLess
and eliminating violence against themselves. They symbolizes a highly effective Argentinean campaign
work hard to end the societal and medial invisibility of against gender-based violence. The movement arose
violence against women, which is often aggravated by from the fact that In Argentina every 30 hours a woman
a hierarchy of the dead. is murdered simply because she is a woman. Starting
with the awareness raising of a few journalists, activists
Further, joint rebellion has led to a broader recognition and artists the campaign developed into a collective
of the actual extent of this worrying subject and outcry demanding the end of femicide in Argentina.
with that to a stronger conciousness of the costs Thousands of people joined hundreds of organizations
and consequences of gender-motivated violence or throughout the whole country. On June 3rd 2015
killings for not only women but also men. Thus, many #NiUnaMenos reached its peak, when 200,000 people
educational campaigns follow a strategy of fighting protested on the Plaza del Congreso in Buenos Aires,
root causes instead of single symtoms as femicide can due to the number of recent and extremely brutal
only be antagonized with the extermination of all kinds cases of gender-motivated killings.
of gender discrimination, social, political and legal Further information can be found on www.niunamenos.
misogyny as well as structures of male dominance. com.ar.

88
Red Shoes movement
Blue Heart Campaign
Zapatos Rojos  or  Red Shoes is an artistic installation
setting a sign against gender-based killings in Mexico “Have a heart for victims of human trafficking” is the
by the Mexican artist Elina Chauvet. The so-called principle of the Blue Heart Campaign, an initiative that
“silent protest” consisted of 33 red or red-painted makes aware of a crime that shames us all. Millions of
shoes, which were arranged like a protest march people become victims of human trafficking, a modern
of absent women, women who became victims of form of slavery, every year. In order to raise awareness
gender-related killings and never received justice. The on this issue the UNODC has created this campaign,
first project of this kind was realized in May 2015 in which is open to all those who want to participate and
Ciudad Juarez, a border city between Mexico and the wear the Blue Heart to set a visible sign against human
United States, where the number of gender-related trafficking.
murders is disproportionately high. Public attention Further information can be found on www.unodc.org/
towards Zapatos Rojos was high. Soon imitators around BlueHeart.
the world intensified the outreach of this attempt to
raise awareness of the societal costs of the practice of ABOUT
femicide.
Helena Gabriel is a passionate human right activist with
White Ribbon Campaign a strong focus on women’s rights. During her work in
this field ending violence against women has become
Violence against women is rooted in gender inequalities a matter close to her heart. Currently she engages at
that, to a certain extent, still exist in all societies around the UN Women National Committee Austria, where she
this world. The White Ribbon Campaign is one attempt works on the Orange the World campaign and ACUNS
to change this, following a completely new approach. Vienna Liaison, where she just recently became the
The White Ribbon Campaign is a collective outcry of managing editor of FEMICIDE, the resource book at
men and boys to end violence against women. Men hand.
who are wearing the White Ribbon officially declare
their rejection of violence against women and promise
to stand up against it. The campaign was initiated in
Canada in 1991 and has expanded its sphere of action
ever since. Men are part of the solution and cannot be
excluded from the fight against gender-based violence
or killings.
Further information can, inter-alia, be found on www.
eige.europa.eu.

UNiTE to End Violence against Women

UNiTE was launched in 2008. Since then it has aimed

to raise public as well as political awareness of the
prevention and elimination of all forms of gender-
based violence. The aim of this campaign is to mobilize
individuals as well as communities, governments and
international organizations to join forces in order to
enable change. UNiTE unites all actors within the fight
against gender-based violence and its most severe
form, namely, femicide.
Further information can be found on www.un.org/en/
women/endviolence.

89
NO ESTAMOS TODAS
A voice for the civil society in Mexico
September 2018

We are living in a country with the highest rate of two years. We want to speak for Serymar, a woman
feminicides and transfeminicides. Talking about this full of illusions who dreamed about getting married;
form of violence in Mexico is talking about a society her life was taken by her fiancé, the one that should
that sees women as the only responsible party for the love and protect her. For Mary Chuy, a loved daughter,
violence they receive; men that see us as part of their who was a dedicated student and wanted to become
property and a government that looks away while most a petroleum engineer, whose murder was attempted
of the murderers happen freely. to be covered up as a suicide, even though her teacher
and classmates were the last persons seen with her and
These words aren’t new for us; some years ago our eyes there’s strong evidence of them as suspects; two years
were over Ciudad Juarez and the horrible atrocities that later her mother is still looking for justice. For Veronica,
happened (and continue happening) there. Today that who is remembered by her family in every sunflower,
reality echoes in all our territories. The disappearance she was only 20 when her husband took her life, and
and murder of cis and trans women in Mexico only left her beloved baby an orphan. Alexis, a girl who
represent the last tier of the long chain of violence that loved animals and wished to become a veterinarian
women face in this nation educated by machismo and one day; a dream that never came true as she was
misogyny. killed by her boyfriend. Rosalinda, the youngest of nine
siblings, who raised 4 children alone, 4 children that
Even when these hate crimes occur daily and continue were ignored the day they had to go to the authorities
increasing, we feel that we don’t speak enough about to report her disappearance. Fanny, a 29-year-old
it. Feminicides and transfeminicides are rarely in our loving mother who enjoyed visiting museums and
conversation and are seen as something distant. It’s going on walks with her dogs. Brenda, who was really
because of this we are occupying every space we can close to her family and loved to spend time with them;
with urgency. We have to share, educate, include, we they used to share a lot together and now can only do
have to defend the rights of cis and trans women, it in their dreams. Magda, a mother, a wife, a friend
we have to do it here, we have to do it now, next to who was always helping others and loved her job as
our sisters, we have to demand from the Mexican a nurse. We want to remember Sirena, as the traveler
government the immediate total eradication of she always dreamed of being, whose aspirations were
feminicides and transfeminicides. sharply stolen in her first trip to Costa Rica. For Itzel,
who proudly represented Nuestra Belleza Gay in her
Our project is an attempt to continue talking about this city, for Paola, Victoria, Alessa, and for all those whose
reality. We have protested with illustrations, naming bodies have not been identified; the list continues
them, remembering her age and the place where they growing and appears to be endless.
were killed, to say this pandemic is affecting all us
women per equal. We refuse to talk about them as a It’s absolutely imperative that the media which
number, but as lives that were taken, as dreams that covers these cases stop acting in a misogynist way,
got stolen, as sisters we loved and won’t be able to see perpetuating this culture of revictimization, emitting
again; we want to speak about them as they used to personal judgments about their lives, exposing photos
be, honoring their memory, because we aren’t talking of their bodies, and treating them as a statistic;
about statistics and numbers here, their lives cannot be feminicides and transfeminicides can no longer be seen
reduced only to the way they were destroyed. just as a number to compare cities or governments.

We are raising our voices for Dany, a 15-year-old girl We cannot continue in silence while women are being
who founded the Ministry of the Deaf in her city; she killed, we cannot remain in silence while thousands of
used to teach sign language and created more inclusive women in our Mexico live under violence, we refuse
spaces. One day after school she went to meet a to stay in silence when female trafficking is a reality
classmate and got murdered; the killer was found and every day there are women that are deprived of
guilty and will soon be free as his charge was only for their liberty, we won’t stop raising our voices while the

90
poverty has an indigenous female face, we cannot stay
quiet while our country is filled with transphobia and
our sisters are living in discriminating conditions.

We must demand the authorities prosecute and

punish the guilty, even as many administrative bodies
currently stop or interrupt this process. The sanctions
must be exemplary and consequences must exist
for people who attempt against women’s lives. It is
urgent that the state has some coherence and fulfill its
promises to guarantee women a violence-free life. We
cannot continue ignoring the victims of this crime; we
demand reparation to their families that the orphans of
feminicide won’t ever be left unprotected again.

We hope that talking about this violence will help us

become conscious of what is happening and be able to
identify and change the violent situation we live in or
where the people around us live.
For all the people we haven’t mentioned who were
victims of feminicide / transfeminicide, the ones that
are still missing, the ones living in violence and torture,
the ones trapped in prostitution, for the orphans
that these crimes left, the people protesting in the
street, the ones that have to look for their daughters
in clandestine graves, for all the families that have
to suffer the loss of a loved one and don’t give up in
the face of this long passage of looking for justice in a
corrupt system that ignores them.

Not a single more death! / ¡Ni una muerta más!

91
© “Elena, 29 years old” illustrated by Nicole Domínguez / Oko

No Estamos Todas is an illustration project to visualize victims of feminicides and transfemicides in Mexico. A collection
of their meaningful work complements this tenth volume of FEMICIDE. Further information can be found on www.
noestamostodas.com.

92
FURTHER READING
Alliance 8.7, the global partnership for eradicating forced labour, modern slavery, human trafficking and child
labour around the world

https://www.alliance87.org/

A Practitioner’s Toolkit on Women’s Access to Justice Programming

http://www.unodc.org/pdf/criminal_justice/WA2J_Consolidated.pdf 

Canadian Femicide Observatory for Justice and Accountability

https://femicideincanada.ca/

Dodos Sobre Feminícido No Brasil

http://artigo19.org/wp-content/blogs.dir/24/files/2018/03/Dados-Sobre-Feminic%C3%ADdio-no-Brasil-.pdf

Ending child marriage – A guide for global policy action

https://www.unfpa.org/sites/default/files/pub-pdf/endchildmarriage.pdf

Ending child marriage – Progress and prospects

https://www.unicef.org/media/files/Child_Marriage_Report_7_17_LR..pdf

Escape From Hell

https://www.amnesty.org.uk/files/escape_from_hell_-_torture_and_sexual_slavery_in_islamic_state_captivity_in_
iraq_-_english_2.pdf

Essential services package for women and girls subject to violence

https://www.unodc.org/documents/justice-and-prison-reform/EN-Modules-AllnOne.pdf

Forced Marriage Reports

https://www.antislavery.org/reports-and-resources/research-reports/forced-marriage-reports/

Gender-Related Killings of Women and Girls

https://www2.ohchr.org/english/issues/women/docs/Gender_motivated_killings.pdf

Gender-Related killing of Women and Girls Brochure

https://www.unodc.org/documents/justice-and-prison-reform/15-08233_A4-GRK_eBook.pdf

Global Estimates of Modern Slavery

https://www.ilo.org/wcmsp5/groups/public/@dgreports/@dcomm/documents/publication/wcms_575479.pdf

93
Global Knowledge Hub to prevent and eliminate the gender-related killing of women and girls

http://femicide-watch.org/about

Handbook on Children Recruited and Exploited by Terrorist and Violent Extremist Groups: the Role of the Justice
System  

http://www.unodc.org/documents/justice-and-prison-reform/Child-Victims/Handbook_on_Children_Recruited_
and_Exploited_by_Terrorist_and_Violent_Extremist_Groups_the_Role_of_the_Justice_System.E.pdf

Handbook on Effective Police Responses to Violence against Women 

https://www.unodc.org/documents/justice-and-prison-reform/Handbook_on_Effective_police_responses_to_
violence_against_women_English.pdf

Human Trafficking and Modern Slavery Report 2018

https://www.antislaverycommissioner.co.uk/media/1203/evening-standard-modern-slavery-report.pdf

Human trafficking: Opportunities and Challenges in the 21st Century

(2018). Lambert Academic Publishing. Co-editor: Prof. Jackie Jones (Bristol Un.). To view/order/see: https://www.
lap-publishing.com/catalog/search 

Latin American Model Protocol for the investigation of gender-related killings of women (femicide/feminicide)

http://www.un.org/en/women/endviolence/pdf/LatinAmericanProtocolForInvestigationOfFemicide.pdf

Resource Book for Trainers on Effective Prosecution Responses to Violence against Women and Girls

http://www.unodc.org/documents/justice-and-prison-reform/Gender/16-09583_ebook.pdf

Statement: The invisible wounds to women and girls damage all of us

http://www.unwomen.org/en/news/stories/2018/8/statement-ed-joint-world-humanitarian-day

Strengthening Crime Prevention and Criminal Justice Responses to Violence against Women

https://www.unodc.org/documents/justice-and-prison-reform/Strengthening_Crime_Prevention_and_Criminal_
Justice_Responses_to_Violence_against_Women.pdf

“They Said We Are Their Slaves”

https://www.hrw.org/sites/default/files/report_pdf/car1017_web_1.pdf

Toolkit on Strengthening the Medico-Legal Response to Sexual Violence

http://www.unodc.org/documents/publications/WHO_RHR_15.24_eng.pdf

Training Curriculum on Effective Police Responses to Violence against Women

94
https://www.unodc.org/pdf/criminal_justice/Training_Curriculum_on_Effective_Police_Responses_to_Violence_
against_Women.pdf

Training Programme on the Treatment of Child Victims and Child Witnesses of Crime – for Law Enforcement Officials 

http://www.unodc.org/documents/justice-and-prison-reform/Training_Programme_on_the_Treatment_of_Child_
Victims_and_Child_Witnesses_of_Crime_-_Law_Enforcement.pdf

Training Programme on the Treatment of Child Victims and Child Witnesses of Crime – for Prosecutors and Judges

http://www.unodc.org/documents/justice-and-prison-reform/Training_Programme_on_the_Treatment_of_Child_
Victims_and_Child_Witnesses_of_Crime_-_Prosecutors_anf_Judges.pdf

UN Joint Global Programme calls for coordinated, multi-sectoral responses to gender-based violence

http://www.unodc.org/unodc/en/frontpage/2018/May/un-joint-global-programme-calls-for-coordinated--multi-
sectoral-responses-to-gender-based-violence.html

UN Women interactive infographic on violence against women

http://interactive.unwomen.org/multimedia/infographic/violenceagainstwomen/en/index.html#intimate-4

World crime trends and emerging issues and responses in the field of crime prevention and criminal justice

http://undocs.org/E/CN.15/2018/10

95
96
“Recognizing the reality and scope of femicides is every single country is the first step to revolutionizing
consciousness about the incalculable costs of these lethal manifestations of misogyny.”

- Diana E. H. Russell, Sociologist and Feminist Author, 2012 -

“Gender-motivated killings of women occur everywhere, in every country and culture of the
world. It is an issue of universal human rights and inherent human dignity that concerns
us all, involves us all, and requires concerted and urgent action from all of us.”

- Michelle Bachelet, UN High Commissioner for Human Rights, 2013 -

“In the exercise of my mandate, I have observed that gender-motivated killings of women
have taken on disturbing proportions in the last few years.”

- Rashida Manjoo, UN Special Rapporteur on Violence Against Women, its causes and consequences, 2014 -

“I ask you to fight against the scourge of femicide.”

- Pope Francis, 2018 -