UN Committee Call
June 2015
Overview of UN Committee in Vienna and
their relevance for women’s issues
UNODC:
The UN Office on Drugs and Crime is based in Vienna and has
six regional field offices and two Liaison offices (Brussels, NY).
UNODC areas of concern
UNODC covers 14 areas of concern. These areas are covered twice a year by regular
sessions of the Commission on Crime Prevention and Criminal Justice and of the
Commission on Narcotic Drugs and Psychotropic Substances.
The areas of concern relevant for women’s issues:
 Alternative development
 Corruption
 Crime prevention, treatment and care
 Drug trafficking
 Firearms
 Fraudulent medicines
 HIV and AIDS
 Trafficking and migrant smuggling
 Money-laundering
 Organized crime
 Maritime crime and piracy
 Terrorism prevention
 Wildlife and forest crime
Overview of UN Committee in Vienna and
their relevance for women’s issues
UNIDO: UNIDO is the specialized agency of the
United Nations that promotes industrial development
for poverty reduction, inclusive globalization and
environmental sustainability.
The legislative bodies of UNIDO based in Vienna:
 Industrial Development Board
 General Conference
Note: NGOs are invited to participate in the policymaking debates in the legislative bodies of UNIDO
where they could address Member States on issues
related to the empowerment of women, on financing
the goals of SDG’s, etc.
Definitions
Article 3(a) of the UN Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially Women and children, supplementing the UN Convention against
Transnational Organized Crime (Trafficking in Persons Protocol)
Trafficking in Persons (TIP) is constituted by three elements:
 Action: recruitment, transportation, transfer, harboring or receipt of persons.
 “Means” by which the that action is achieved: threat, use of force, abuse of
power or a position of vulnerability, giving or receiving of payments or benefits
to achieve consent of a person having control over another person.
 “Purpose” of action/means: exploitation of the victim, that includes:
prostitution or other forms of sexual exploitation, forced labor or services,
slavery or practices similar to slavery, servitude or the removal of organs.
Note: Trafficking of persons happens everywhere.
Definitions
Smuggling of Migrants (SOM) is a crime involving the procurement for
financial or other material benefit of illegal entry of a person into a State of
which that person is not a national or resident. Migrant smuggling affects
almost every country in the world. It undermines the integrity of countries and
communities and costs thousands of people their lives every year.
UNODC, as the guardian the United Nations Convention against
Transnational Organized Crime (Organized Crime Convention) and the
Protocols thereto, assists States in their efforts to implement the Protocol
against the Smuggling of Migrants by Land, Sea and Air (Smuggling of
Migrants Protocol).
http://www.unodc.org/unodc/en/human-trafficking/publications.html
Definitions
Irregular migration is crises related, f.e. from Africa to Europe
across the Mediteranian Sea. For a long time it has been considered
far from rights protection (fight against illegal immigration), but it has
to be based on fundamental International Human rights and rights
on safety and security. Irregular migration has to be treated similar
to the rights of refugees.
Two new policy papers are under preparation in 2015 and 2016.
Istanbul Convention and Protocol: Palermo
Convention and Protocol
Council of Europe
UN Convention against transnational
Istanbul Convention on preventing and organized crime - PALERMO Convention
combating violence against women and and Protocol
domestic violence
Adoption
Into force
•
•
•
By the Council of Europe Committee of •
Ministers on 7 April 2011.
•
Entered into force on 1 August 2014.
Open for any State in the world – under
certain conditions.
November 2000 – GA resolution
Open for signature by all States and by
regional economic integration
organizations.
Ratification
Signed by 36 of 48 European countries
Signatories: 147
(Member of European Council) and ratified Parties: 185
by.
Reference
treaties
/Convention
s / inspired
by….




UN convention against transnational
organized crime = Palermo
Convention and Protocols
UN CEDAW
The Beijing Declaration and Platform
for Action
United Nations Commission on the
Status of Women


Previous four Women World
conferences
Report of the Ad Hoc Committee of the
whole of the 23rd special session of the
United Nations General Assembly
(Beijing+ 5 – political declaration and
outcome document)
Istanbul convention and Protocol: Palermo
Convention and Protocol
Intention
/Content
Council of Europe
Istanbul Convention on preventing and
combating violence against women and
domestic violence
UN Convention against transnational
organized crime - PALERMO Convention
and Protocol
Obligation of the States to address all forms
of violence against women and domestic
violence including to men, children and the
elderly by: Prevention - Protection Prosecution – Monitoring.
States commit to taking measures against
transnational organized crime, including the
creation of domestic and criminal offenses like
participation in an organized criminal group,
money laundering, corruption and obstruction of
justice.
Effective co-operation among the following
agencies:

the judiciary

public prosecutors

law enforcement agencies

local and regional authorities and

NGOs

“other relevant organizations” – civil
societies and the like
States having ratified committed to:

taking measures against transnational
organized crime, including the creation of
domestic criminal offences;

the adoption of new and sweeping
frameworks for extradition;

mutual legal assistance and law
enforcement cooperation;

and the promotion of training and technical
assistance for building the necessary
capacity of national authorities.
Istanbul convention and Protocol: Palermo
Convention and Protocol
Council of Europe
Istanbul Convention on preventing and
combating violence against women and
domestic violence
•
Legally
binding…
•
Monitoring
•
•
UN Convention against transnational
organized crime - PALERMO Convention
and Protocol
First legally-binding instrument in Europe •
in the field of violence against women
and domestic violence, the most far
reaching international treaty to tackle this •
violation of human rights.
The defined offenses have to find their
way into the national legal systems. State
parties will have to carry out judicial
proceedings in a manner that respects
the rights of victims.
Monitoring mechanism to assess the
•
success by: the Group of Experts on
Action against Violence against Women
and Domestic Violence (GREVIO), an
independent expert body, and the
Committee of Parties, a political body
composed of official representatives of
the State Parties to the Convention.
Monitor reports may draw on information
from NGOs as well as national
parliaments .
Main international instrument in the fight
against transnational organized crime –
about 10 years earlier than Istanbul.
Each State Party shall adopt, in accordance
with fundamental principles of its domestic
law, such legislative and other measures as
may be necessary to establish as criminal
offences. States that ratify this instrument
commit to the content of the convention.
Monitoring the successful implementation of
the Convention in the States having ratified
does not appear a key objective /concern of
the convention authors; however, the
cooperation with experienced NGOs and civil
societies and other societal institutions is
deemed increasingly important.
Istanbul convention and Protocol: Palermo
Convention and Protocol
Council of Europe
Istanbul Convention on preventing and
combating violence against women and
domestic violence
UN Convention against transnational
organized crime - PALERMO Convention
and Protocol
Role of
NGOs
Emphasize the important contribution of
NGOs, in particular with regard to
monitoring and evaluation.
Although the role of NGOs is not explicitly
mentioned in the convention and protocol,
resp., the UN recognition of their expertise,
their capability to do research, to collect data
and prepare reports has over time increased.
Protocol
Title
/Relevance
•
•
•
Istanbul Protocol –> Manual on the
•
effective investigation and
documentation of torture and other
cruel, Inhuman or Degrading Treatment
or Punishment.
The protocol serves as “working
instructions” to carry out effective
•
monitoring.
Extreme important and demanding: the
procedures and measures described in
detail in order to document and to prove
victimization.
The Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially
Women and Children; the Protocol against
the Smuggling of Migrants and the Protocol
against the Illicit Manufacturing of and
Trafficking in Firearms.
Each of the protocols depict the areas most
afflicted by trafficking, above all women and
girls as well as violence at home.
Istanbul convention and Protocol: Palermo
Convention and Protocol
Council of Europe
Istanbul Convention on preventing and
combating violence against women and
domestic violence
Summary strengths
and
differences
•
•
•
•
•
•
•
UN Convention against transnational
organized crime - PALERMO Convention
and Protocol
Istanbul Convention as further
•
development and in depth refinement of
the UN convention against transnational
organized crime (Palermo).
Violence against women and girls and
•
domestic violence are seen as crucial.
Claim to anchor the convention in
national law.
•
Survivors’ rights and needs are core of
all State response.
Provision of a monitoring mechanism.
Emphasis on prevention measures,
requiring States to install specialized
institutions; partnerships with NGOsector.
Explicit definition of what is meant by
violence, violence against women,
domestic violence, torture, etc.
Palermo = one of the first important global
and international milestone to agree on
rules to combat transnational criminal
trafficking and other activities alike.
The wording lacks detailed definitions thus
open for interpretation, and is less legally
binding for States having signed.
No provisions/ rules for monitoring the
measures in those States Parties that
signed and ratified.
Source: ZI UN Committee Report “Palermo – Istanbul Convention” from B. Devin
UNODC Sherloc Database
UNODC - The SHERLOC portal is an initiative to facilitate the dissemination
of information regarding the implementation of the UN Convention against
Transnational Organized Crime and its three Protocols.
http://www.unodc.org/cld/index-sherloc.jspx
Other Databases
Case Law Database
A comprehensive case law database that allows you to see how Member States
are tackling organized crime cases in their courts.
Database of Legislation
An electronic repository of laws relevant to the requirements of the Organized
Crime Convention and the Protocols thereto. Most of the legislation included in
this database has been enacted specifically to counter the relevant crime type.
CNA Directory
Directory of competent national authorities that have been designated to
receive, respond and process requests pertaining to mutual legal assistance,
extradition and transfer of sentenced prisoners, smuggling of migrants and
trafficking in firearms.
Bibliographic Database
An annotated bibliography providing a synopsis of key articles that are searchable by countries, research methods and keywords. The database is under
development and currently includes research on migrant smuggling.
DOHA Declaration on crime prevention
With a special focus on civil Society
History
• Since the first Congress on Crime Prevention in 1950 every five year a
congress on Crime Prevention took place; the 13th Congress Crime
Prevention and Criminal Justice was organized by Qatar, Doha in April
2015 with the objective to discuss and define national approaches to
public participation in strengthening crime prevention and criminal
justice.
Core of the Declaration
• Doha Declaration focuses on INTEGRATING crime prevention and
criminal justice into the wider United Nations agenda as well to “Third
Parties” to address social and economic challenges and to promote the
rule of law at the national and international levels.
DOHA Declaration on crime prevention
Definition “Civil Societies”
Overall: institutions and organizations that are independent from Political
Government; other “nomenclature”:
• NGOs – national and international
• So-called Lobby-institutions
• Private economic associations – lawyer, beneficial bodies, research
institutes, monitoring mechanism and academia
Key Aspects
Civil societies stand for the culture of lawfulness. They are crucial parties in
achieving the declaration goals – human rights, freedom, human dignity.
Challenges
• Civil societies and member states must implement comprehensive and
inclusive actions in order to improve criminal justice.
• Participation of national, local police is vital.
• Experience and expertise of Civil societies are critical concerning the
collection of data and analysis.
DOHA Declaration on crime prevention
Role and responsibilities of “Third Parties”:
• Active Participation regarding measurement towards peaceful and
inclusive societies. In particular the achievement and its measurement of
SDG Goal 16* requires the expertise of civil societies.
• Increase participation of women and young people.
• Intensify legal aid in assessment and implementation.
• Cooperate with members of the legal community, whistle blowers and
journalists.
• Train Civil Society members on the subject criminal justice.
(Source: Side Event at CCPCJ May 2015 in Vienna - see: ZI UN Report from B.
Devin)
Upcoming conferences in Vienna
•
9 - 13 November: UNODC: Commission on Narcotic Drugs:
Subcommission on Illicit Drug Traffic and Related Matters in the Near
and Middle East, 50th session (tent)
•
16 - 18 November: UNODC: Conference of the Parties to the United
Nations Convention against Transnational Organized Crime: Working
Group on Trafficking in Persons, especially Women and Children, 6th
session
•
18 - 20 November: UNODC: Conference of Parties to the United
Nations Convention against Transnational Organized Crime: Working
Group on the Smuggling of Migrants, 3rd session
Upcoming conferences in Vienna
•
30 November - 4 December: UNIDO: General Conference,16th session
•
10 December: UNODC: Joint Meetings of the Commission on Narcotic
Drugs, reconvened 58th session and Commission on Crime Prevention
and Criminal Justice, reconvened 24th session
•
11 December: UNODC: Commission on Crime Prevention and Criminal
Justice, reconvened 11 December: UNODC: Commission on Narcotic
Drugs, reconvened 58th session
www.zonta.org