FOLLOW-UP REPORT 70th CEDAW, 2nd-6th AUGUST, GENEVA- SWITZERLAND

Transcription

1 FOLLOW-UP REPORT 70th CEDAW, 2nd-6th AUGUST, GENEVA- SWITZERLAND Contents Introduction... 1 Methodology and Development... 2 A general summary of the experiences of the sex worker representatives before the CEDAW Committee... 2 Day one: Planning meeting with the Mexican NGOs... 2 Day Two: Public, Informal meeting with NGO/INDH... 3 Day Three: Closed Lunch Meeting... 3 Day Four: Evaluation of State of Mexico... 3 Final Observations... 3 Transgender Women... 3 Trafficking Law:... 3 Sex Work... 4 Conclusions and Future work... 4 Introduction Asociación en Pro Apoyo a Servidores, APROASE AC, together with Tamaulipas VIHda Trans, AC, members of NSWP of the Latin American Platform of Sex Workers in Latin America PLAPERTS developed a shadow report to highlight the situation of female sex workers in Mexico before all forms of discrimination before the CEDAW Committee. It is important to mention that in Mexico sex work is not a crime, it is an administrative fault, but if third parties are punished (people who provide services to us, such as hoteliers, bars, brothels) as traffickers for profiting from the sex workers money classifying it as sexual exploitation, which puts us in a high level of vulnerability to all kinds of violence.

2 The objective of the report was to inform the CEDAW committee about the different forms of violence, stigma and discrimination that we experience. Cisgender and Transgender Women Sex Workers in Mexico. The following articles were used for the report, and reflect the violence that Cisgender and Transgender Women in Mexico face: Article 1: Discrimination Article 3: Guarantee of basic rights and fundamental freedoms Article 6: Trafficking and exploitation of prostitution Article 12: Health care and family planning (Right to health) Article 15: Equality before the law Based on these articles, an inquiry framework was developed to be used during focus groups; 6 focal groups were carried out, 3 with transwomen sex workers and 3 with cisgender women sex workers. Methodology and Development A national working team was formed. The team included Ana Karen López Quintana, as a representative for the community of Transwomen sex workers, Dionicio Ibarra Brito, who provided technical support, Lola Dejavú Delgadillo Vargas MOTRASEX, who served as a liaison with and led focus groups with cisgender sex workers, and Cynthia Navarrete Gil as a representative for Cisgender Woman sex workers and the general coordinator of this work. Focus groups were conducted Tamaulipas, Veracruz, and Mexico City. Focus groups with transgender women sex workers were led by Ana Karen, and focus groups with cisgender women sex workers were led by Lola and Cynthia. In addition to developing the shadow report, the team reviewed the "Shadow Report Guidelines on Rights of Sex Workers under CEDAW" and translated them into Spanish. A general summary of the experiences of the sex worker representatives before the CEDAW Committee Ana Karen López Quintana and Cynthia Navarrete Gil were selected as representatives to attend the seventieth session of the CEDAW Committee in Geneva. Day one: Planning meeting with the Mexican NGOs We met with the Mexican Delegation of Civil Society Organizations who were always very well organized, through a preparatory meeting for presenting the shadow reports. We worked collaboratively for the inclusion of all the issues that the women in the group addressed to comply with the norms and time established for the general presentation; the subject of sex work was not included in the previous presentation from civil organizations, so it was suggested that we elaborate a paragraph to include it in the general report. However in the final draft of the oral statement, our needs were not reflected.

3 Day Two: Public, Informal meeting with NGO/INDH As our needs were not reflected, we requested attention to include them in the document and to read our needs before the CEDAW Committee, we were given 1 minute to read before the CEDAW Committee, this was an achievement obtained through IRWAW who supported us at all times. Together with the group of women from Mexico, we met with the expert Ms. Gladys Acosta Vargas who listened to our needs and gave us recommendations for the Closed Lunch Meeting meeting planned. We also detailed our specific needs, always emphasizing comprehensive health, the recognition of sex work and the law of trafficking. Day Three: Closed Lunch Meeting The Civil Organizations had a closed lunch meeting with the Committee of the CEDAW where civil society organizations presented our needs by theme; there was also time for questions and answers from the Committee towards the Organizations. Ms. Ismat Jahan (Bangladesh) asked whether sex work was legal or not in Mexico. Cynthia answered that it was legal but that it was not regulated, which led to violations of sex workers rights and put them in danger of violence. We believe this is why, in the end the committee questioned the government about it, and also asked if the government was only focused on punishing the third parties. Ms. Hilary Gbedemah (Ghana) and Ms. Patricia Schultz (Switzerland) also asked about the impacts of the trafficking law, and Ms. Patricia Schultz (Switzerland) asked how we would want to amend it. Due to time constraints, we were not able to answer this well, it was quick; we are not sure if they took our response into consideration, but both committee members were interested in this topic. Day Four: State Party Evaluation During the CEDAW 70 meeting that took place on July 6, 2018 CEDAW Committee members questioned the Government of Mexico. We celebrated that they specifically asked questions about transgender women s health and laws on trafficking and prostitution, and also asked the authorities to take into account the recommendations issued by the civil society organizations. Final Observations Transgender Women We were pleased that the Concluding Observations issued by the CEDAW to the Mexican Government include recommendations that reflect and address transgender women. The Committee recognized transgender women specifically. They recommended that the Mexican Government [a]dopt a road map that includes adequate resources, a timeline and measurable targets requiring authorities at the federal, state and local levels to implement relevant laws to prevent and eliminate all forms of de facto discrimination against women, in particular migrant women [and] lesbian, bisexual and transgender women (12d) The committee also called on Mexico to [a]ddress the lack of protection measures to ensure the dignity and physical integrity of lesbian, bisexual and transgender women, including by raising public awareness of their rights, in cooperation with civil society (24f) Trafficking Law

4 We are disappointed that the Committee did not criticize the Mexico Trafficking Law. However, we are also pleased that the committee acknowledged some of our concerns about the Trafficking Law and how it is implemented. The committee acknowledged information in our report, expressing concern about the "revictimization of women and girls, some of whom are reportedly subjected to prosecution rather than receiving victim support" (29c); and the "reported complicity between State agents and international organized crime gangs and the resulting corruption and impunity (29e). Although the committee did not say that the trafficking law was implemented incorrectly and used against sex workers, which we are disappointed about they suggest this by expressing concern over "lack of harmonized and coordinated mechanisms...to ensure the effective implementation of the Act." Police Violence, Misconduct and Services The committee did address some of the issues in our shadow report about police violence against sex workers and lack of services: 31.The Committee is concerned about the reports of police violence and extortion committed against women in prostitution, as well as their arbitrary arrest and detention without warrants. It is further concerned about the limited information on their situation and the absence of specific services and programmes for women in prostitution, including exit programmes for women wishing to leave prostitution. 32. The Committee recommends that the State party take effective measures to protect women in prostitution from exploitation and abuse, carry out a study on the root causes and extent of prostitution and use the outcomes of the study to develop services and support programmes for women in prostitution, including exit programmes for women wishing to leave prostitution. However, we are disappointed about the language of the recommendations. We are disappointed that they did not call on Mexico to address police violence and denial of justice; and that they didn t specifically mention programs we included in our report (health and empowerment services) but asked for exit services. We are also disappointed the CEDAW Committee did not include our recommendation to recognize sex work as work. Conclusions and Future work In the concluding observations issued by the CEDAW to the Mexican Government, we find recommendations in which transgender women are reflected as well as a call for the correct implementation of the Trafficking and Prosti tution Law. Regarding the later, continuing to use the phrase prostitution rather than sex work does not allow for differentiation in political advocacy. It is a step backwards that we are not recognized as sex workers even though the ILO International Labor Organization recognizes it as work. We celebrate the recommendations issued by the CEDAW to the Mexican Government in the legislative framework and the definition of discrimination against women, in gender violence against women and in trafficking and exploitation of prostitution where our requests are reflected and where CEDAW recommends working on these issues. We will continue working hand in hand with national and international organizations and networks implementing the recommendations issued by the CEDAW Committee, which were translated into Spanish by APROASE, to influence the correct implementation and revision of the Trafficking Law; to ensure the meaningful participation of sex workers in research and development of the services

5 recommended by the CEDAW committee; and achieve the recognition of sex work and respect for our human rights, access to comprehensive health services for Trans and Cisgender women, as well as the separation of sex work and human trafficking and the non-revictimization of those who decided to do sex work. We thank the CEDAW Committee that our needs have been reflected, but we still lack the most important step, the recognition of sex work as a work, as mentioned by the ILO (International Labor Organization). Sex workers are not the problem, we are part of the solution. Organized sex work is an effective link between the key population and the state, national and regional authorities that work for our rights to realise a life free of the stigma, violence and discrimination experienced by women sex workers in Mexico.