Kazakhstan Takes Step Forward in Promoting and Protecting the Human Rights of Victims of Domestic Violence
11 December 2009
On December 5, 2009, the President of Kazakhstan signed the Law "On prevention of domestic violence" and the Law "On amendments to some legislative acts of Kazakhstan on the issues of prevention of domestic violence."
The Advocates for Human Rights was invited to review the laws when they were in draft form, first in August 2008 by the UNIFEM Regional Office in Almaty, Kazakhstan; and again in May 2009 by the Organization for Security and Cooperation in Europe Office for Democratic Institutions and Human Rights (OSCE/ODIHR) in Warsaw, Poland.
OSCE/ODIHR organized meetings with members of parliament and representatives of women’s non-governmental organizations in Astana, Kazakhstan in June 2009. The Advocates traveled to Astana to these meetings where discussions of the draft law occurred.
OSCE/ODIHR’s final opinion was published on 27 October 2009. While a few concerns remained, the law had been improved to remove the “official notice” of the impermissibility of committing domestic violence, and the length of protection orders was extended from 5 to 30 days on application to the prosecutor.
Compiled from: President signed laws on improvement of measures on prevention of domestic violence, kazinform (5 December 2009); Kazakhstan: Final Opinion on Draft Domestic Violence Law Published, The Advocates for Human Rights (6 November 2009); Update on OSCE/ODIHR Meeting in Kazakhstan on Draft Domestic Violence Law, The Advocates for Human Rights (June 2009).
Women's Program Director Working with Advocates in Morocco
In March 2010, Women's Program Director Cheryl Thomas will travel to Errechidia, Morocco at the invitation of the Washington D.C.-based group Global Rights. This is The Advocates' third visit to Morocco to work with women's rights advocates as they draft a new law on violence against women. Cheryl will work with 15-20 advocates and other international experts for five days to create a draft of a law on domestic violence and sexual assault. The document will be submitted to Parliament in 2010.
Click here to learn more about our work in Morocco.
16 Days of Activism Against Gender Violence
November 25 - December 10, 2009
The Advocates for Human Rights invites you to join us during the 16 Days of Activism Against Gender Violence, taking place between November 25, International Day Against Violence Against Women, and December 10, International Human Rights Day. The 16 Days Campaign symbolically links violence against women and human rights to emphasize that such violence is a violation of human rights. The Advocates will hold several activities as part of the 16 Days of Activism including the events listed below.
For more ways to get involved, download our 16 Ways in 16 Days flyer here.
Legal Reform on Violence against Women in the Republic of Georgia: Recent Successes and Challenges
Tuesday, November 24, 2009 from 12:00 – 1:00 p.m.
Fredrikson & Byron, P.A.
Minnetonka/Tamarack Room (40th floor)
200 S. Sixth Street, Suite 4000, Minneapolis
In 2006, the Republic of Georgia passed the Law of Georgia on Elimination of Domestic Violence, Protection of and Support to Its Victims. The law, which was drafted with assistance from The Advocates, provides victims of domestic violence with an order for protection remedy to be issued by courts and police. Police have been very active issuing the restrictive orders, ordering violent offenders to refrain from violence. Courts are gradually issuing more protective orders under the law. In October, 2009, Advocates staff members Robin Phillips, Executive Director, Cheryl A. Thomas, Director of the Women’s Human Rights Program, and Beatríz Menanteau, Staff Attorney, provided training to lawyers and advocates on representing and assisting domestic violence victims under the new law. This presentation will highlight the challenges and successes to date of implementing the new law, with an additional focus on the issue of lethality and risk assessments.
Wednesday, December 2 at 7:00 p.m.
Frontrunner
Arlington Hills Branch Library
1105 Greenbrier St., St. Paul
"Frontrunner" tells the heroic story of Massouda Jalal, a medical doctor and mother of three, who defied the Taliban regime and ran for President of Afghanistan. Cheryl Thomas, Director of the Women's Human Rights Program at The Advocates, hosts the discussion afterwards.
Wednesday, December 9 at 7:00 p.m.
Pray the Devil Back to Hell
Mondale Hall, Room 25
University of Minnesota
A story of sacrifice, unity, and transcendence, "Pray the Devil Back to Hell" honors the strength and perseverance of the women of Liberia who demanded an end to conflict when their leaders had failed to bring peace. A discussion will follow the film.
For more details, view the flyer here.
10th Anniversary of the International Day for the Elimination of Violence against Women
November 25 marks the 10th anniversary of the International Day for the Elimination of Violence against Women. Violence against women continues at alarming rates all around the world. Find out more about this issue in Afghanistan, Guinea, Honduras,Kyrgyzstan, Colombia, and Minnesota.
Please listen to the call (en) of Secretary General Ban Ki-Moon today: “Let us once and for all end violence against women and girls.”
The Advocates Submits Comments on Draft Domestic Violence Law of Montenegro
23 November 2009
The Advocates commends the government of Montenegro for undertaking the difficult task of drafting legislation to protect its citizens from domestic violence. To assist with the process of passing an effective law, The Advocates responded to a request from an NGO partner in Montenegro to submit comments on Montenegro's Draft Domestic Violence Law. The comments have been translated and submitted to Montenegro's government.
The Advocates recommends that the government of Montenegro ensure the law provides for both an administrative or civil emergency order for protection and an administrative or civil order that is issued after a full hearing. The law should direct authorities, either the courts or the police, to immediately issue emergency orders for protection upon application by the victim of domestic abuse. The law does contain an “order of suspension or prohibition of returning home” and a “protective measure,” but these measures do not yet include all of the important elements to protect victims of domestic violence and hold offenders accountable. To read the full comments submitted by The Advocates, click here.
The Advocates has partnered with non-governmental organizations and government ministries in Central and Eastern Europe (CEE) and the Former Soviet Union (FSU) for over fifteen years, reviewing draft domestic violence laws in Azerbaijan, Armenia, Kazakhstan, Tajikistan, and elsewhere. By reviewing draft domestic violence laws, The Advocates seeks to assist countries in passing the most effective laws.
Proposal Seeks to Move Sex Trafficking to the Sex Offender Grid in Minnesota
20 November 2009
On November 19, the Minnesota Sentencing Guidelines Commission held a public hearing on a proposal to move sex trafficking to the sex offender grid in Minnesota. This proposal would classify sex traffickers as sex offenders and subject them to the sex offender sentencing guidelines. The Advocates' Staff Attorney Mary Ellison, along with Officer Heather Weyker (St. Paul Police Department), made brief comments to the commission thanking them for their consideration of the issue and about the importance of categorizing sex trafficking with other criminal sexual conduct offenses. There has not been any public opposition to the proposed changes thus far.
The applicable statutes are:
M.S. § 609.322, subd. 1(a) (solicitation, inducement and promotion of prostitution, sex trafficking – individual under 18); and
M.S. § 609.322 subd. 1a (same issue, but individual is 18 or older).
The commission had received letters of support from:
The Statewide Human Trafficking Task Force
The Gerald D. Vick Task Force and St. Paul Police Vice Unit
Minnesota Coalition Against Sexual Assault
Minnesota Indian Women’s Resource Center
Family and Children’s Service, PRIDE Program
The commission will meet again on December 10 at 2 p.m. at the Minnesota Department of Corrections, 1450 Energy Park Drive, Suite 200, St. Paul to formally adopt or reject the proposed changes. If adopted, the modifications to the sentencing guidelines and commentary would be effective August 1, 2010. Minnesota would become one of the first states in the U.S. to move sex trafficking to the sex offender grid (currently New York includes sex trafficking on the grid). Go to the Commission’s website for more information about the upcoming meetings.
Cheryl Thomas Gives Keynote Address at Conference on Gender Equality
5 November 2009
The Advocates' Cheryl Thomas, Director of the Women's Human Rights Program, gave the Keynote Address at the recent Supplementary Human Dimension Meeting on Gender Equality, a conference organized by the Organization for Security and Cooperation in Europe (OSCE). The conference was held in Vienna on November 5-6, 2009, and focused on Combating Violence against Women. Participants took stock of the progress and challenges in promoting gender equality and the implementation of relevant measures to prevent and combat violence against women. The meeting also served to highlight approaches and measures that have proven most successful with regard to the three priority areas of work: prevention, protection and prosecution of violence against women. Furthermore, the meeting reviewed positive methods and practices in identifying and combating causes of gender-based violence, such as gender-based discrimination against women and its particular forms and manifestations in public and private spheres.
The three thematic sessions of the meeting were dedicated to the particular topics of Protection and Assistance for Victims of Violence Against Women, Prosecution of Perpetrators of Violence against Women, and Prevention of Violence against Women. Such thematic sequence, and in particular, the review of questions related to the prevention of violence against women were chosen in order to underscore the importance of developing comprehensive measures for prevention, including measures for primary prevention (stopping violence before it occurs), secondary prevention (an immediate response after violence has occurred to limit its extent and consequences) and tertiary measures (longer-term care and support for those who have suffered violence).
The Advocates and Local Partners Work to Implement New Laws on Domestic Violence in Bulgaria and Georgia
30 October 2009
The Advocates' Cheryl Thomas, Director of the Women's Human Rights Program, reports on The Advocates' recent trip to Bulgaria and Georgia:
"The Women’s Human Rights Program recently returned from travels to Bulgaria and Georgia where we worked with our partners as they develop strategies to effectively implement their new laws on domestic violence. These laws are both monumental steps forward in addressing violence against women and models for countries throughout the region.
In Bulgaria we learned that since their law was passed in 2005, there have been approximately 7,000 petitions for Orders for Protection by domestic violence victims. Almost 4,000 orders have been issued by courts. Advocates are hopeful about the law and its power to protect women and children from violent offenders. They face many challenges, including the urgent need for funding of shelters and services, and will be working to secure government funding for these services in Parliament this year. One colleague from Bourgas described how the only shelter in her town had recently closed for lack of funding. This advocate also described how they faced a new problem with government child protection workers who are taking the position that domestic violence victims cannot bring their children to a shelter since they are not appropriately licensed to care for children.
In Tbilisi, Georgia, we were invited to present a training to lawyers and advocates on representing and assisting domestic violence victims under their new law. We assisted the Georgians in drafting this law several years ago. The Georgian Parliament passed it in 2006 and it is one of the first of its kind in the region. The law provides victims of domestic violence with an order for protection remedy to be issued by courts and police. Police have been very active issuing the restrictive orders, directing violent offenders to refrain from violence. Courts are gradually issuing more protective orders under the law.
Domestic violence remains a devastating problem in Georgia – as it is throughout the world – and these new remedies are urgently needed. One of the participants described a client whose husband had inflicted such a severe head injury that she was hospitalized in a coma for a month. She obtained an order for protection from the court that expired after one month. When the lawyer requested an extension of the order, the court denied it on the grounds that there had been no further violence. This story shows the need for two things – 1) an amendment to the law extending the term of orders for protection and 2) ongoing training for judges on domestic violence.
We look forward to continued work with both the Georgians and the Bulgarians in their efforts to improve their communities’ response to violence against women."
On November 24 at 12:00 PM, The Advocates for Human Rights will host a brown bag lunch about our work in Georgia. Robin Phillips, Executive Director of The Advocates, and Cheryl Thomas, Director of the Women’s Human Rights Program at The Advocates, will present on “Legal Reform on Violence against Women in the Republic of Georgia: Recent Successes and Challenges.” The event will be held in the Minnetonka/Tamarack Room in the offices of Fredrikson & Byron in Minneapolis. For more information, visit the event page.
The Advocates Submits Testimony for Hearing on Violence Against Women
21 October 2009
At 2:00 EST on Wednesday, October 21, 2009, the U.S. House Subcommittee on International Organizations, Human Rights, and Oversight will hold a hearing on "International Violence Against Women: Stories and Solutions." The Advocates' Cheryl Thomas submitted testimony for the hearing, urging the U.S. Congress to pass legislation to support the development of laws against such violence in other countries, and also to ensure that the development of such laws strictly adheres to international human rights standards and best practices in protecting victims of violence against women. To read The Advocates' testimony, click here.
To listen to the hearing live, follow the link on this page.
The Advocates' Mary Ellison Receives 2009 Journey of Hope Award
15 October 2009
On October 15th, Staff Attorney Mary C. Ellison will receive the 2009 Journey of Hope Award from the Battered Women's Legal Advocacy Project (BWLAP). Mary was selected among a large number of attorneys for her outstanding advocacy for women's rights and her tireless work educating, researching and promoting systemic change.
The Advocates Conducts Training on Domestic Violence in the Republic of Georgia
2 October 2009
The Advocates' Cheryl Thomas, Women’s Program Director, Robin Phillips, Executive Director, and Beatríz Menanteau, Staff Attorney, are currently in the Republic of Georgia to present training on “Representing and Assisting Domestic Violence Victims in Court and in Service Programs.” The training focuses on effective advocacy for domestic violence victims, legal representation of domestic violence victims in protective order proceedings in court, shelter management, and general NGO service development. The training is taking place over four days in Tbilisi, Georgia and is organized by the American Bar Association – Rule of Law Initiative. Participants will include lawyers, advocates, and some members of the police force.
The Advocates has done fact-finding in the Republic of Georgia in 2006 and training on Georgia's Domestic Violence law in 2007. The Advocates has also published "Domestic Violence and Child Abuse in Georgia" in 2006.
The Advocates' Beatriz Menanteau Named One of "25 on the Rise 2009"
25 September 2009
Staff Attorney Beatriz Menanteau in The Advocates' Women’s Human Rights Program was named one of “25 on the Rise 2009” by the Hispanic Chamber of Commerce of Minnesota (HCCM). For ticket information for HCCM's "25 on the Rise 2009" event, click here.
The Advocates' Mary Ellison Featured in MTN Show on Sex Trafficking in Minnesota
13 August 2009
Staff Attorney Mary Ellison of The Advocates for Human Rights was recently featured on the program "We the People" on the Minneapolis Television Network (MTN). The show is running a three-week series on human sex trafficking in Minnesota, and Mary appeared on the show along with Sgt. John Bandemer of the St. Paul Police and Gerald D. Vick Trafficking Task Force.
The first segment aired on Tuesday, August 11 and the next two will air on Tuesday, August 18th and Tuesday, August 25th at 4:30am and 7:30pm. For a full list of MTN's programming, visit their website at http://mtn.org/.
The Advocates' Cheryl Thomas Featured in UN Videos
14 July 2009
Women's Program Director Cheryl Thomas is featured in a series of three short videos recently released by the United Nations Division for the Advancement of Women.
In March 2009, the Chairperson (P. Imrana Jalal) and Rapporteur (Cheryl Thomas) of the 2008 United Nations expert group meeting on good practices in legislation to address violence against women came together to discuss the model framework for legislation created as a result of the meeting. These short videos provide an overview of the model framework and discuss recommendations for legislation applicable to all forms of violence against women, as well as specific recommendations for legislation on domestic violence and on sexual violence. Click here and scroll down to access the videos. The website also includes an advance copy of the handbook for legislation on violence against women and a Power Point presentation outlining the contents of the handbook and key recommendations of the model framework for legislation.
Sex Trafficking Needs Assessment Report Cited in Duluth News Tribune
August 2009
The Duluth News Tribune published an editorial on August 7 calling attention to the problem of sex trafficking in Duluth and Minnesota. The article, "Our view: Sex trafficking is whose problem?", quotes The Advocates' recent report on sex trafficking in Minnesota.
Update on UN Expert Group Meeting in Ethiopia on Harmful Traditional Practices
May 2009
Cheryl Thomas, Director of the Women’s Human Rights Program at The Advocates, recently returned from Addis Ababa, Ethiopia, where she participated in a United Nations Expert Group Meeting on good practices in legal reform to address harmful practices against women. The meeting was convened by the U.N. Division for the Advancement of Women in collaboration with the U.N. Economic Commission for Africa, and was a follow up to the Vienna 2008 Expert Group Meeting on good practices on legislation on violence against women. The Vienna meeting resulted in a model framework for legislation on violence against women, with a focus on domestic violence and sexual assault. The Ethiopia meeting was designed to provide more specific recommendations on a wide variety of harmful practices against women and girls.
On the first day of the conference, the 16 experts at the meeting presented papers on various aspects of harmful practices (the papers are available on the UN EGM website above). Cheryl Thomas’s paper focused on forced and early marriage in Central and Eastern Europe and the former Soviet Union countries. On the second day, the participants split into three working groups, focused on female genital mutilation, honor killings, and child and forced marriage. Each group developed preliminary recommendations which will be further refined in the coming months for eventual inclusion in the model framework. The child and forced marriage group, which Cheryl was a part of, will likely recommend a minimum age of 18 for marriage. The report of the FGM group noted that some 16 African countries have laws criminalizing FGM (as do twelve industrialized countries that receive immigrants from countries where FGM is practiced), but implementation and enforcement of such laws has been very challenging.
Letter to the Editor on Trafficking in Minnesota Featured in Star Tribune
June 2009
A letter to the editor from Women's Program Director Cheryl Thomas and Staff Attorney Mary Ellison, entitled "Minnesota won't tolerate sale of human beings for sex," was published in the Minneapolis Star Tribune on June 23, 2009.
Update on OSCE/ODIHR Meeting in Kazakhstan on Draft Domestic Violence Law
June 2009
Staff attorney Mary C. Ellison traveled to Astana, the capital of Kazakhstan, in late May 2009 at the invitation of the Organization for Security and Cooperation in Europe's Office for Democratic Institutions and Human Rights to provide further comments on Kazakhstan’s draft law on domestic violence. At meetings with Members of Parliament, Mary provided an overview of best practices on domestic violence legal reform, focusing on three key elements of successful domestic violence laws in various countries in the CEE/FSU: an emergency order for protection, a long-term or permanent order for protection, and criminalization of the violation of an order for protection. She also spoke about The Advocates’ experience with monitoring the implementation of recent laws in both Bulgaria and Georgia. Invited representatives from the Czech Republic and Bulgaria provided input on their country’s experience with the process of enacting and implementing similar laws. Mary also met with representatives of various women’s NGOs to discuss key elements of the draft law and their concerns with how its implementation would impact victims and their families. It is expected that the DV law will be introduced in Parliament on June 24th, with possible passage by the end of the year.
Human Trafficking Op-Ed Featured in Pioneer Press
July 2009
Women's Program Staff Attorney Mary Ellison's article "A stronger fight against human trafficking -- here in Minnesota" was featured in the St. Paul Pioneer Press on July 9, 2009.
Mary Ellison: A stronger fight against human trafficking -- here in Minnesota
By Mary Ellison
In a recent column (“Build on progress in fight against human trafficking”), Secretary of State Hillary Rodham Clinton highlighted the U.S. government's concern about the grave human rights violation of trafficking throughout the world, including in the United States. We in Minnesota share this concern, because as local media have reported, the sale of human beings for sex is alive and well in Minnesota.
In fact, sex traffickers and "johns" even dare to call themselves "Minnesota Nice Guys," attempting to portray an image of clean-cut and trustworthy men. Meanwhile their victims suffer debilitating harm: an experience described as "brutally physical ... (with) serious psychological torture" ("Sex Trafficking Needs Assessment for the State of Minnesota, the Advocates for Human Rights," 2008).
To address this devastating human rights violation, Clinton called on those engaged in the fight to add a new element to the existing strategy of prosecution, protection and prevention: partnerships. Over the past several months, seasoned state legislators, experienced law enforcement officials, a statewide human-trafficking task force, tireless advocates and passionate citizens rededicated themselves to even stronger partnerships in combating human trafficking in Minnesota.
Spurred on by the recommendations of the Advocates' needs assessment, this coalition drafted amendments to strengthen Minnesota's state law, which complements the federal Trafficking Victims Protection Act.
Led by Minnesota State Sen. Sandy Pappas, chief author of Minnesota's sex trafficking law in 2005; Sen. Mee Moua; and Reps. Michael Paymar and John Lesch, this coalition of committed partners testified in eight committee hearings and persuaded the Legislature to unanimously pass critical changes to Minnesota's sex-trafficking law.
Sex trafficking is defined in Minnesota law as "receiving, recruiting, enticing, harboring, providing or obtaining by any means an individual to aid in the prostitution of the individual." The amendments provide a stronger deterrent for those who sell human beings for sex and a stronger tool for those enforcing the state law.
Training in Morocco on Legislative Advocacy
January 2009
In late January 2009, Cheryl Thomas, Women’s Program Director, State Representative Michael Paymar, Robin Phillips, Executive Director, and Marlene Kayser, Board Member, traveled to Rabat, Morocco to present a training on the “Best Practices in Laws on Violence Against Women: New Legislation for Morocco.” The presentation was part of a two-day training workshop for representatives from women’s rights NGOs throughout Morocco to build their legislative advocacy skills. On the third day, the group also met with Members of the Moroccan Parliament. The training was an integral piece of an on-going campaign sponsored by Global Rights, Partners for Justice, to promote comprehensive violence against women legislation in Morocco and, specifically, a “Violence against Women Act.” Such an act will be the first of its kind in Morocco. The women’s groups are committed to leading the Arab world on law reform on violence against women. They have already started a public education campaign and are working to enact a new law within twelve months.