Pressure builds worldwide for legal protection against sextortion
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Whether it’s for access to clean water, a job or for food, around the world people are forced into sexual acts in exchange for basic commodities. In many countries, such incidents are hard to prosecute, at least partly due to the nature of existing legislation. But increasingly, campaigners are placing renewed pressure on authorities and raising awareness in a bid to ensure that people have legal protection against sextortion.
Sextortion, as defined by the International Association of Women Judges, is ‘the abuse of power to obtain a sexual benefit or advantage.’ Research by Transparency International from 2019 found that in Latin America and the Caribbean, one in five people had either experienced sextortion or had heard of someone who had. In Zimbabwe, 57 per cent of women surveyed by the organisation admitted being forced into sexual acts in exchange for jobs, medical care or schooling. Meanwhile, in Jordan, Lebanon and Palestine, almost half of respondents said that sextortion takes place at least occasionally.
While many countries have legislation that covers transactional sex or sexual harassment, sextortion is unique in that it’s coercive and involves an abuse of power, explains Luz Nagle, Scholarship Officer of the IBA Human Rights Law Committee.
‘It occurs at the intersection between corruption and sexual exploitation and it is precisely for that reason that it tends to fall through the cracks and not get addressed by either,’ explains Nancy Hendry, senior advisor at the International Association of Women Judges, who speaks in a personal capacity. According to the IBA report ‘Sextortion: A crime of corruption and sexual exploitation’, published in 2020, anti-corruption laws fail to specifically focus on sexual favours and sexual offence laws don’t encompass the corruption component. This means the issue is often dismissed and considered consensual instead. ‘Here in Kenya the law does not care because it sees anything other than screaming and fighting as consent,’ a survivor of sexual assault told the advocacy group Avaaz.
‘But it’s not consensual because when you’re a woman and you’ve got a choice between feeding your family or paying for water with sex […] it’s not a real choice,’ says Barbara Schreiner, Executive Director of the Water Integrity Network (WIN), a collective working to reduce corruption risks in the water and sanitation sector. Those with lower incomes are disproportionately exposed to sextortion, she adds.
Sextortion occurs at the intersection between corruption and sexual exploitation and for that reason that it tends to fall through the cracks and not get addressed by either
Nancy Hendry
Senior Advisor, International Association of Women Judges
It is, however, a widespread issue, says Nagle. Through her work she has heard of examples in prisons and on borders, but also in corporate environments in higher-income contexts. To tackle it, those affected – which is predominantly women – need to be able to report incidents when they happen and perpetrators must be deterred by penalties, Nagle says. She adds that law enforcement should be trained on the issue and victim support services must be created.
For this to happen, Nagle believes countries must treat sextortion as they would corruption. ‘Corruption takes place because it’s quid pro quo, it’s abuse of power,’ she says, highlighting that the only difference here is that sexual acts are exchanged instead of money. What would help, she says, is if the UN ‘got on board’ and embraced the word ‘sextortion’. As it stands, the term, or any explicit reference to sex, is not mentioned in the UN’s Convention against Corruption. Instead, the language is broad, focussing on ‘undue advantage.’ This ambiguity gives licence for the issue to be disregarded, Nagle says.
In Tunisia and the Philippines, for example, ambiguous language in anti-corruption laws has left judges divided as to whether sextortion is covered, explains Hendry. ‘But it really doesn't matter whether the bribe is a sexual benefit or a financial one. Harm to the system is the same, and I strongly believe it should be treated as a corruption matter because it is a form of corruption,’ she adds. Argentina is one country that’s taking steps to address sextortion as a corruption issue in its investigations and is training civil society on the issue, Nagle explains.
Meanwhile, there are ongoing efforts to criminalise sextortion in other ways. In Kenya, the Attorney General is under pressure to address the issue. ‘After extensive consultation we opted to add a clause in the Sexual Offences Act to capture sextortion. This is being supported by […] members of parliament’ and the legislative reforms are under review, says Sareen Malik, Executive Secretary of the African Civil Society Network for Water and Sanitation. In India, some states have taken steps to pass specific legislation addressing sextortion. And in Bangladesh, Kenya and Mexico, WIN has been conducting research and raising awareness on the prevalence of sextortion in relation to water access.
There have also been cases resulting in criminal prosecution. In 2019 in Norway, for example, a politician was sentenced to five years imprisonment for sexually abusing three asylum seekers. The young men involved believed their response to his demands for sex could have implications for their right to stay in Norway, either leading to them being deported or failing to secure permanent residency.
The IBA’s report highlights the need for bespoke legislation at a national level that offers ‘clarity and consistency in respect of how this crime is defined and what sanctions should apply, in accordance with the underlying requirements of the rule of law.’ Without such protections, women will continue to experience the long-lasting effects of gender-based violence, Nagle says. These include trauma and shame, potential health consequences – for example, sexually transmitted diseases – and, in some cases, legal ramifications. In Iran, a woman can be stoned for death for having sex outside of marriage, and in Senegal, those paying bribes can be imprisoned.
In Kenya, Malik highlights how sextortion further entrenches victims into a cycle of poverty and violence. ‘In our work […] we found a lot of stigma, victim blaming and shaming,’ she says. Malik shares the story of a woman assaulted by a water vendor in front of her daughter. She subsequently had to be treated for HIV and suicide ideation yet was too scared to share her ordeal.
‘It carries a huge social cost,’ agrees Schreiner. Legislation alone won’t fully resolve the issue – awareness-building, including of the support available, while also gathering data on sextortion’s prevalence, is also key. Schreiner calls on civil society at the local level to take action, while Nagle says lawyers on the ground have a responsibility to highlight sextortion as a legal issue. But, with some countries refusing to acknowledge sextortion even happens, ‘we have an enormously long way to go,’ says Schreiner.
Image credit: Rick/AdobeStock.com
IBAHRI condemns attacks on Gaza and reiterates call for an immediate ceasefire
After closely monitoring the war unfolding in Gaza, in November 2023 the International Bar Association’s Human Rights Institute (IBAHRI) issued a statement calling for an immediate ceasefire.
The statement was premised on the well-established principles of international law of proportionality and distinction, rooted in the imperative that all parties to the conflict must take all measures necessary to protect human life and uphold human dignity, even in war.
The IBAHRI continues to monitor the alarmingly devastating violence and shocking civilian death toll in Gaza, and across the rest of the Occupied Palestinian Territories. It strongly condemns Israel’s wholly disproportionate and indiscriminate attacks on Gaza in response to the 7 October 2023 attacks by Hamas on Israel.
The IBAHRI supports an immediate ceasefire, as per the Resolution titled ‘Protection of civilians and upholding legal and humanitarian obligations’ of the United Nations General Assembly, adopted on 11 December 2023. It further supports calls for all remaining hostages to be immediately and unconditionally released, and for humanitarian access to Gaza to be ensured.
According to reports, over 20,000 civilians have been killed in Gaza since 7 October 2023, many of whom are the elderly, women and children. Save the Children reports that the number of children killed in Gaza now surpasses the annual number of children killed across all of the world’s conflict zones since 2019.
The IBAHRI urges the government of Israel, and those states who continue to support Israel’s siege of Gaza, to adhere to its international legal obligations and implement an immediate and unconditional ceasefire. It urges all states to remain steadfast in their commitment to maintaining the international rules-based order, especially in these times of crisis.
Read the full statement here.
IBAHRI urges China to observe rule of law
The International Bar Association’s Human Rights Institute (IBAHRI) marked International Human Rights Day on 10 December by releasing a statement urging China to respect lawyers’ rights and observe the rule of law.
The joint statement was released together with the following organisations: The 29 Principles, Hong Kong Watch, The Rights Practice, Lawyers’ Rights Watch Canada, Lawyers for Lawyers, Free Tibet and Tibetan Community in Britain.
The statement outlines how ‘gravely concerned’ the organisations are about ongoing, widespread violations of the rights of lawyers by the authorities in China and the Hong Kong Special Administrative Region (‘Hong Kong’). This includes arbitrary detention, illegitimate criminal prosecution, unfair trials, enforced disappearance, torture and other inhuman or degrading treatment or punishment.
‘We are also deeply concerned about the repressive use of the National Security Law (NSL) in Hong Kong and the renewed use of the Sedition Law. The NSL contains restrictions on defence lawyers that may not be compatible with a defendant’s right to prepare an adequate defence. To the extent that the law allows for undue restriction of other procedural guarantees, this violates the internationally recognised right of a fair trial’, the statement adds.
Read the full statement here.
IBAHRI condemns conviction of Muhammad Yunus
The International Bar Association’s Human Rights Institute (IBAHRI) has denounced the conviction of Bangladeshi Nobel Laureate Muhammad Yunus. He has been sentenced to six months in prison for alleged labour law violations, alongside three other individuals. All deny the allegations. They have been granted a month’s bail during which time they plan to appeal, according to their legal team.
In 2006, Muhammad Yunus won the Nobel Peace Prize as a result of his work to alleviate poverty in Bangladesh. He pioneered the global movement ‘microcredit’ to lift millions of the rural poor of Bangladesh out of poverty.
In August 2023, IBAHRI Director Baroness Helena Kennedy KC alongside 160 global figures, including former United States President Barack Obama and the immediate past Secretary-General of the United Nations Ban Ki-moon, published a joint letter denouncing ‘continuous judicial harassment’ of Muhammad Yunus.
Read the full statement here.
IBA calls for greater support by states for the International Criminal Court
In December 2023, to mark the 25th anniversary of the signing of the Rome Statue, the IBA intensified its call for greater support by states for the International Criminal Court (ICC).
IBA Executive Director, Mark Ellis commented: ‘States Parties should always endeavour to fortify and expand their national frameworks to ensure full collaboration with the ICC. The only way the ICC can operate as intended is if State Parties provide the Court with diligent and committed cooperation’.
The 22nd session of the ICC Assembly of States Parties (ASP) took place from 4–14 December 2023. At the Session, the IBA ICC and International Criminal Law (ICC & ICL) Programme issued a briefing paper setting out the Priorities and Recommendations for the 22nd ASP Session.
Headlines from the paper included:
- Responding to threats and attacks against the ICC and those cooperating with it;
- Promoting effective state cooperation;
- Ensuring the adoption of a revised ICC Legal Aid Policy to establish a comprehensive system of legal aid that is accessible, sustainable, and credible; and
- Ensuring a thorough vetting process for all candidates to ICC elections.
The IBA further presented these priorities and recommendations in a statement submitted to the ASP General Debate on 7 December 2023.
Kate Orlovsky, Director of the IBA ICC & ICL Programme says: ‘The ASP’s creation of a permanent vetting (due diligence) procedure to assess the high moral character of candidates in ICC elections is an historic first for international institutions. Together with the adoption of a revised legal aid policy they represent key advances in the development of the ICC’.
‘Civil society plays an essential role in support of the Court and Rome Statute system, and it remains vital to ensure that the ASP and Court remain open to civil society input, as well as protect civil society representatives and human rights defenders cooperating with the ICC’, she adds.
Download the paper here.
International Day of the Endangered Lawyer: event on human rights violations in Iran
Wednesday 24 January marked the International Day of the Endangered Lawyer. Each year on this occasion, attention is brought to threats to human rights lawyers in a specific country. In 2024, the focus was on Iran and an event organised by the IBA’s Human Rights Institute (IBAHRI), the Geneva Bar Association, the International Observatory of Lawyers and the Law Society of England and Wales took place in London to discuss the issues.
Since the death in police custody in September 2022 of Mahsa Amini, who was arrested for alleged non-observance of Iran’s law on mandatory veiling, the country has seen anti-government demonstrations and protests which have been met with a disproportionate use of force, unfair trials and extra-judicial executions.
Lawyers defending protestors in Iran face threats, harassment and intimidation and arbitrary arrest, making it challenging for them to ensure an adequate defence for their clients.
The discussion featured experts including Javaid Rehman, the UN Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, and Sara Hossein, Chair of the UN Independent International Fact-Finding Mission on the Islamic Republic of Iran, as well as Iranian and international human rights organisations. The session addressed ongoing human rights abuses in Iran and how to progress towards accountability for violations.
eyeWitness to Atrocities and partners publish case study on healthcare in Russian-occupied territories of Ukraine
A new case study jointly published by the IBA’s eyeWitness to Atrocities and its partners in December has highlighted reports of less visible attacks inflicted on civilian populations and healthcare professionals in Russian-occupied territories of Ukraine.
The case study examines how healthcare workers have been detained, civilians forced to change their nationality as a condition of accessing healthcare and health facilities repurposed by Russian forces for non-medical purposes. Such developments compromise civilians’ right to health and endanger access to essential healthcare.
The eyeWitness to Atrocities app gathers verifiable photo and video footage of potential violations of human rights and international criminal law. ‘I am pleased to note that Ukraine’s Prosecutor General, Andriy Kostin, has expressed his support for the data highlighted in the case study as it relates to criminal proceedings and efforts to end impunity for international crimes’, says Mark Ellis, eyeWitness board member and IBA Executive Director.
Read the case study here.
New Cambodian law seeks to provide thousands with a legal identity
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The Cambodian government has introduced new legislation in an attempt to provide a legal identity to the thousands of people in the country who currently lack proof they even exist. The law includes a focus on civil registration – the process of recording births, deaths, marriages and divorces – and is set to be implemented from July 2024. It’ll tackle the issues created where a person doesn’t have a legal identity – for example, limits to their access to public services, human rights and social protections.
The legislation establishes Cambodia as a ‘leader’ in this area, says Romain Santon, Deputy Director for Asia, Civil Registration and Vital Statistics (CRVS) at global health organisation Vital Strategies. Many countries lack a comprehensive law on CRVS if they have one at all, he adds. Yet a legal identity is considered a human right under Article 6 of the Universal Declaration on Human Rights.
Having such a record helps to generate statistics on population dynamics and health indicators that can then inform decision-makers. ‘It’s important to have those records so that future action can confidently rely on them,’ says Poorvi Chothani, Senior Vice-Chair of the IBA Immigration and Nationality Law Committee and Managing Partner of LawQuest in Mumbai.
Without a birth certificate a person will struggle to verify their nationality, obtain a passport, vote, or legally marry. According to the Centre of Excellence for CRVS Systems, comprehensive civil registration can also ensure the needs of vulnerable populations are met, improve gender equality and strengthen democracy.
With this in mind, the UN Sustainable Development Goals aim at 100 per cent of births and 80 per cent of deaths being registered globally by 2030. Data from Vital Strategies, however, shows that 40 per cent of deaths and 25 per cent of births still go unregistered worldwide, with the majority of these omissions being in low- and middle-income countries. Countries have so many competing priorities and limited resources that ensuring births and deaths are recorded might not be high on the list, explains Chothani. She adds that this can only change when there is government will.
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Each country is starting at different stages. Most countries do have some form of civil registration so it’s about system improvement
Robert Eckford
Director, Data for Health, Global Health Advocacy Incubator
That will is present in Cambodia. Historically, the country has passed numerous sub-decrees on the issue but lacked an all-encompassing law and digital population record. This contributed to the fact that just 47 per cent of deaths were registered, according to data from 2017.
To get to grips with the issue, Cambodia created a National Strategic Plan for Identification, covering the years 2017 to 2026. In 2017, it approached Bloomberg Philanthropies’ Data for Health Initiative, which includes Vital Strategies and the Global Health Advocacy Incubator as partners, to bring the Plan to life via a new CRVS law.
The legislation will create a new digitised civil registration, vital statistics and identity management system to better record, via a unique registration code, all of a person’s life events. It also removes certain barriers to registration, connects to the health system and educational institutions and allows for access at the district level. ‘I believe that reforming toward a strong identification and civil registration management system in Cambodia contributes to strengthening the rule of law, respect for human rights, promoting national security and safety,’ said HE Sante Bandith Mao Chandara, Secretary of State for Cambodia’s Ministry of Interior, in a statement.
What makes Cambodia’s new legislation innovative, Santon says, is that it applies to anyone within the country, including those who are considered stateless. It further reduces the evidence required for registration and allows people to register outside of their usual place of residence. ‘We are hoping that it will make this service easier and more accessible to the population, reduce the costs, and improve the rates of registration, but also the timeliness, because some people might still want to register the birth of their child, but they will only go back to their province after five months or six months,’ explains Santon. The earlier you do it, the less likely it’s going to be omitted, he adds.
Between now and July, the government aims to train the CRVS workforce about the changes. As part of this process, the Cambodian government has held a workshop to explain the details of the legislation to over 700 people, including officials from civil registration, health and justice, as well as development partners and civil society organisations. This educational work is important, says Chothani, sharing that, despite India implementing a countrywide civil registration law in 1972, she still receives clients who don’t believe that registering a birth is mandatory.
Physicians in particular, Santon says, need to be trained on how to properly certify a death so that it goes beyond the immediate cause to that which is underlying, helping to better generate data on a population’s health. ‘If you report cerebral haemorrhage as the immediate cause of death, it’s informative, but if you don’t know the origin of the cerebral haemorrhage, you cannot prevent it,’ he says. For example, the cause of death could be brought on by a road traffic accident and if there are high numbers of these, that could suggest a need for government intervention.
Robert Eckford, Director of Data for Health at the Global Health Advocacy Incubator (GHAI), who’s based in Maryland, US, hopes other countries in the region will be able to take inspiration from Cambodia’s efforts to improve its CRVS systems. According to the UN Economic and Social Commission for Asia and the Pacific, all Southeast Asian countries have legal frameworks in place for civil registration, but some of these are fragmented, incomplete and lack any mention of the need for vital statistics. ‘Each country is starting at different stages. Most countries do have some form of civil registration so it’s about system improvement’, says Eckford. He explains that the GHAI conducts analysis of countries’ CRVS laws and then suggests amendments in line with its CRVS Systems Improvement Framework and in partnership with local lawyers.
In Asia, it’s currently working with Bangladesh, Indonesia and the Philippines on draft laws it hopes will pass in the next few years and has previously supported Thailand and Papua New Guinea in implementing new policies. The governments of Vietnam and Malaysia are also currently working on updates.
Chothani says this is in line with a trend of an increasing number of Asian countries taking action to adopt a more formal registration process. She says lawyers can assist by advocating for governments to implement more comprehensive systems, while highlighting the benefits to clients of recording vital events at the community level.
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