THIRD COMMITTEE BEGINS CONSIDERATION OF PROMOTION AND PROTECTION OF CHILDREN'S RIGHTS
Press Release
GA/SHC/3325
THIRD COMMITTEE BEGINS CONSIDERATION OF PROMOTION AND PROTECTION OF CHILDREN'S RIGHTS
19951117 Hears Introduction of Three Drafts and Report on Child Exploitation, Also Takes up Activities Programme for Decade of World's Indigenous PeopleThe international community and the United Nations had not been deaf when it came to children's suffering, Ibrahima Fall, Assistant Secretary- General for Human Rights, told the Third Committee this afternoon, as it began its consideration of the promotion and protection of the rights of children.
They had taken various actions in that regard, including the appointment by the Commission on Human Rights of a Special Rapporteur on the sale of children, child prostitution and child pornography, Mr. Fall said. Various United Nations organs had also been concerned with the practice of recruiting children into the military and had attested to the fact that an increasing number of children were being killed in fighting or wounded in conflicts. In that regard, the Committee on the Rights of the Child had submitted a preliminary draft for an optional protocol to the Convention on the Rights of the Child.
The Special Rapporteur of the Human Rights Commission, Ofelia Calcetas- Santos told the Committee that "modern technology has lent a degree of sophistication never before existing in the manner of recruitment, solicitation and advertisement regarding children in prostitution and pornography". She called for the improvement of the justice system in punishing adult wrongdoers and for aggressive and innovative solutions to the problem.
Statements on the promotion and protection of the rights of the child were also made by the representatives of Morocco, Iraq and China.
Also this afternoon, the Committee began its consideration of the programme of activities of the International Decade of the World's Indigenous People.
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The representative of Australia said the success of the Decade would depend to a large degree on effective planning and coordination. He called for the allocation of the necessary human and financial resources to the relevant United Nations bodies so that they could fulfil their responsibilities.
In addition, the Committee heard the introduction this afternoon of three draft resolutions on questions concerning refugees and related matters. Those drafts were on assistance to refugees, returnees and displaced persons in Africa; assistance to unaccompanied refugee minors; and on comprehensive consideration and review of the problems of refugees, returnees, displaced persons and related migratory movements.
The Committee will meet again at 3 p.m. on Monday, 20 November, to continue its consideration of the promotion and protection of the rights of the child as well as the programme of activities of the International Decade of the World's Indigenous People. Also, the United Nations High Commissioner for Refugees, Sadako Ogata, will address the Committee.
Committee Work Programme
The Third Committee (Social, Humanitarian and Cultural) met this afternoon to begin consideration of the promotion and protection of the rights of children, as well as the programme of activities of the International Decade of the World's Indigenous People (1994-2004).
The Committee is also expected to hear introduction of draft resolutions on questions concerning refugees and related matters.
Reports before Committee
The Committee had before it a report of the Secretary-General on the sale of children, child prostitution and child pornography (document A/50/456) by which he transmits the provisional report prepared by Ofelia Calcetas-Santos, Special Rapporteur of the Commission on Human Rights, on the sale of children, child prostitution and child pornography. That report was submitted in accordance with General Assembly resolution 49/210 of 23 December 1994.
The report, the first by the Special Rapporteur who had been appointed in January, following the resignation of Vitit Muntarbhorn in October 1994, defines sale of children as "the transfer of parental authority over and/or physical custody of a child to another on a more or less permanent basis in exchange for financial or other reward or consideration" and child prostitution as "the act of engaging or offering the services of a child to perform sexual acts for money or other consideration with that person or any other person". Child prostitution is not "committed" by the child itself, but by the person "engaging or offering the services of a child".
On pornography, the report states that visual pornography is "the visual depiction of a child engaged in explicit sexual activity, real or simulated, or the lewd exhibition of genitals intended for the sexual gratification of the user, and involves the production, distribution and/or use of such material". Audio pornography is "the use of any audio devices using a child's voice, real or simulated, intended for the sexual gratification of the user, and involves the production, distribution and/or use of such material".
Reviewing the causes of the sale of children, child prostitution and child pornography, the Special Rapporteur identifies factors ranging from structural or systemic to individual and less organized incursions against children, and said that each of those factors usually involved an interaction with one or more of the others.
According to the report, the areas that need to be addressed on a priority basis to tackle the problem include economic need, probably the most significant single factor on the supply side; socio-cultural discrepancies;
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population growth; erosion of the family structure, resulting in the deprivation of one of the best stabilizing elements in the lives of children; and criminality through the involvement of children in and for criminal activities.
Also needing to be addressed is the issue of inter-generational causes wherein abused children turn into perpetrators of abuse by interpreting the violence they suffered as the normal way of life; political priorities especially concerning budgetary allocations, which are frequently lopsided with the development and protection of children considered as very low in priority; and erosion of societal and spiritual values.
The Special Rapporteur identifies the education system, the justice system and the media as the three catalysts in instituting reforms benefiting children.
According to the report some of the cases of sale of children that had been more or less substantiated have been for commercial adoption, for prostitution, for pornography and for labour. There had also been some allegations that children have been sold for war, and even for organ transplantation.
The Special Rapporteur recommends using the school system as a prime catalyst to address the problems because of the crucial role it plays not only in imparting knowledge but also in providing a natural support structure to the role of the parents in enabling children to realize their full potential. Action targets should be school administrators, teachers, teacher-aides, guidance counsellors, parent-teacher associations and other service providers.
The report also contains recommendations for national or local action, in the process identifying the target persons and organizations and the preventive, interventive and rehabilitative strategies to be adopted. In addition, it contains recommendations for action at the international level.
Also before the Committee was a progress report by the Secretary-General on the study on the impact on children of armed conflict being undertaken in the context of General Assembly resolution 48/157 on the "Protection of children affected by armed conflicts". By that resolution, the Assembly expressed grave concern about the tragic situation of children in many parts of the world as a result of armed conflicts. It urged Member States to continue seeking comprehensive improvement of the situation with appropriate and concrete measures.
The resolution also requested the Secretary-General to appoint an expert, working in collaboration with the Centre for Human Rights and the United Nations Children's Fund (UNICEF), to undertake a comprehensive study of that question, including the participation of children in armed conflict and
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the adequacy of existing standards. The study is to make specific recommendations on ways to prevent children from being affected by armed conflicts and to improve their protection. It would also recommend measures to promote the physical and psychological recovery and social reintegration of children affected by armed conflict, taking into account the recommendations by the World Conference on Human Rights and the Committee on the Rights of the Child. In August 1994, Graça Machel was appointed to undertake the study.
The report states that the expert was working in close collaboration with the United Nations Centre for Human Rights and UNICEF and that to ensure a coordinated response by the major international bodies representing the rights of children in armed conflict, an inter-agency task force has met periodically at Geneva. Participants include representatives from the Centre for Human Rights, the Department for Humanitarian Affairs, the Food and Agriculture Organization (FAO), the International Committee of the Red Cross, the International Labour Organisation (ILO), UNICEF, the United Nations Educational, Scientific and Cultural Organization (UNESCO), the United Nations High Commissioner for Refugees (UNHCR), the World Food Programme (WFP) and the World Health Organization (WHO). Representatives of non-governmental organizations have also played a major role in developing the research programme and are actively participating in the study.
Wide-ranging consultations were under way at the regional level while at the national level, field visits and consultations were being undertaken, the report states. Particular attention was being paid in the study to the experiences of countries dealing with the long-term consequences of armed conflict.
The report states further that the study would be presented to the General Assembly at its fifty-first session in 1996, and that it would seek to give fresh impetus to the efforts of the international community to protect children and their rights from the effects of armed conflicts.
The Committee also had before it a report of the Secretary-General on Concrete measures taken to alleviate the situation of children in armed conflict (document A/50/672) submitted in the context of resolution 49/209 of 23 December 1994 in which the General Assembly took note of the Secretary- General's note on that subject, and requested that he report on those measures, based on the information to be provided by Member States and United Nations bodies and organizations, as well as by other intergovernmental and non-governmental organizations.
In his report, the Secretary-General states that after the preparation of the document, he received replies from UNICEF, the UNHCR, as well as the World Movement of Mothers, containing information on the situation of children affected by armed conflicts.
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In its reply, UNICEF said its activities in countries embroiled in armed conflict recognized the need to address in programme initiatives the psychological effects of trauma and the need to assist children and young people to reintegrate into society.
The UNHCR, in its reply, said that currently more than half the world's refugee population was made up of children who number approximately 10 million. The Office of the High Commissioner was aware of instances of military recruitment of unaccompanied minors. In those cases, UNHCR representatives referred to article 38.2 of the Convention on the Rights of the Child when drawing the attention of the relevant authorities to their responsibilities to prevent military conscription of children. The UNHCR strongly supports the initiative taken by the Committee on the Rights of the Child for an additional protocol to the Convention on the Rights of the Child on the subject of military recruitment of children. Those who have not yet attained eighteen years of age should be fully protected from military recruitment and participation in hostilities.
Also before the Committee is the final report on a comprehensive programme of action for the International Decade of the World's Indigenous People by the Secretary-General, which follows General Assembly resolution 48/163 of 21 December 1993 (document A/50/511). According to the report, in its resolution 49/214 of 23 December 1994, the Assembly invited governments to submit written comments to the Secretary-General by the end of August 1995, with a view to preparation of a final comprehensive programme of action for the Decade. In the same resolution, the Assembly recommended that a second technical meeting on the planning of the Decade be held prior to the thirteenth session of the Working Group on Indigenous Populations.
The present document contains a summary received from governments as at 15 September of the comments on the Secretary-General's preliminary report, the proposed programme of action of the technical meeting held in accordance with the General Assembly request (Annex I of the final report) and the recommendations of the Working Group on Indigenous Populations at its thirteenth session (Annex II). The Secretary-General also submits a proposed calendar of activities for consideration by the General Assembly (Annex III).
In the report, the Governments of Brazil and New Zealand provide information in response to General Assembly resolution 49/214. Brazil considered that the Year had not met the expectations raised among indigenous people and developing countries in general, owing to the lack of time for preparation and implementation. The International Decade seemed an opportunity to follow up on the International Year. Brazil also stated that the results of the technical meeting to evaluate the Year and plan the Decade had not been satisfactory. The main purposes of the Decade were lost among initiatives of limited scope or proposals to establish direct communication links between the United Nations system and indigenous communities, without
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due regard to the legitimate role of national governments as the appropriate channel for international cooperation.
The Brazilian Government believed that the Working Group on Indigenous Populations could fulfil a useful role in reviewing international activities undertaken during the Decade and receiving voluntary information from governments on the implementation of the Decade's goals in their respective countries, the report continues. One concern of Brazil was the emphasis placed on the establishment of direct contacts between indigenous people and United Nations organizations. In the view of the Government, such an approach could jeopardize the coordinating role of governments in national development and distort international cooperation for development. The main role of the Coordinator should be to coordinate with other United Nations bodies, not bypass the normal channels of communication with Member States.
According to the report, the Government of New Zealand was pleased with the range of proposals made for the final plan of action to strengthen international cooperation. The engagement of indigenous peoples themselves in the planning was the key element. The Decade was a time for the strengthening programmes agencies may already be running for indigenous people, as well as taking a fresh look at how indigenous peoples' interests can be better reflected in programming and budgeting. New Zealand supported proposals that agencies report on progress, develop research and data about indigenous peoples' living conditions and establish focal points. It encouraged contributions from governments to the Decade Trust Fund.
Also before the Committee is the Secretary-General's report on progress made at the national, regional and international levels in accomplishing the objectives contained in paragraph 13 of the General Assembly resolution 49/214 (document A/50/565). In that resolution the Assembly recommended, that the Secretary-General establish the Voluntary Fund for the Decade and include that Fund in the annual Pledging Conference for Development Activities; and that he request United Nations representatives in countries where there are indigenous people to promote their participation in the planning and implementation of projects affecting them.
The present document contains a summary of the comments received from governments, United Nations organizations and indigenous and non-governmental organizations, and other relevant information. The Governments of Bolivia, Finland and Mexico submitted information about their activities for the Decade.
The Bolivian Government reported on the results of a meeting of representatives of State, private and international organizations to compile a list of activities for the Decade. The list, the report continues, included a series of seminars, presentations, publications and educational reform plans to be undertaken in conjunction with UNESCO, UNICEF, the United Nations
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Development Programme (UNDP) and several regional indigenous and governmental organizations. The Bolivian Under-Secretary for Ethnic Affairs proposed a series of events, including a campaign on indigenous land issues, a presentation on programmes for highly vulnerable indigenous peoples, and an indigenous musical festival commemorating significant events, such as the translation of the Constitution into Aymara, Quechua and Guaraní. In addition, a National Committee for the International Decade of the World's Indigenous People was established.
The Government of Finland, which has an indigenous population (the Sami), considered the elaboration and adoption of a declaration on indigenous peoples to be an important step in the evolution of international human rights standards, the report states. The Government also provided information about new developments in legal protection for the Sami people. On 1 August, a new chapter II of the Finnish Constitution Act entered into force stating that the Sami were an indigenous people with the right to maintain and develop their own language and culture.
The information from the Mexican Government states that in 1992, in accordance with the Convention, its Congress recognized the pluricultural composition of the country, and measures were taken to protect the lands of indigenous groups. The Instituto Nacional Indigenista (INI) has taken a number of measures to improve the administration of justice for indigenous people and supported 102 projects presented by civil organizations. The projects have as a central focus human rights, legal services and the dissemination of information about the rights of indigenous people, in particular those of indigenous women.
Also according to the report, the following United Nations bodies provided information about their activities relating to the Decade: the Department of Public Information (DPI), the UNDP (including UNDP offices in Costa Rica, Thailand and Venezuela), the United Nations Centre for Human Settlements (Habitat) and the United Nations University.
The report states that DPI had launched multimedia information programmes focusing on specific issues. Print material produced for use in these programmes includes brochures, backgrounders, fact sheets, and features or information kits, which are distributed in a variety of languages through the network of 67 United Nations information centres (UNICs) and services (UNISs). Information on the Organization's role and activities is also disseminated through radio and television programmes produced regularly by the Department in a variety of languages. Those are broadcast by national radio and television stations around the world.
For the International Decade of the World's Indigenous People, the report continues, DPI is planning a number of activities to raise public awareness of the concerns and rights of indigenous people and to mobilize
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greater support for action to improve the situation of indigenous peoples around the world. The impact of those activities will be further enhanced by their being held in conjunction with the United Nations Decade for Human Rights Education. On 9 December 1994, DPI published and disseminated a backgrounder on the Decade's objectives in English, French and Spanish. In addition, a backgrounder entitled "Indigenous Women: Taking Control of Their Destiny" was published in English, French and Spanish.
The UNDP is undertaking a number of projects to implement the Decade, the report says. The UNDP's Regional Bureau for Latin America and the Caribbean has proposed the establishment of a special unit in the UNDP called "Biodiversity and Indigenous Peoples' Development Facility". The Facility would finance projects stressing sustainable economic development, including biodiversity preservation and the strengthening of indigenous communities, by addressing their social and economic exclusion, strengthening all human rights, preserving traditional knowledge and opening up sustainable economic development. Since that UNDP initiative began in August 1994, nine meetings have been organized in Latin America (Guatemala, Panama, Peru, Bolivia, Ecuador, Chile, Guyana, Costa Rica and Belize) to consult with indigenous people and identify needs and projects.
Also according to the report, Habitat advised that it had embarked on programmes to identify human settlements needs and concerns specific to indigenous people in order to effectively counsel governments and indigenous communities on policies and strategies for improved living conditions. The programmes are largely based on capacity-building and policy advice in such critical areas as land registration and use, as well as basic infrastructure provision and maintenance.
The report also included information on the relevant activities carried out by ILO, FAO, UNESCO, WHO and the World Bank.
Statement by Assistant Secretary-General for Human Rights
IBRAHIMA FALL, Assistant Secretary-General for Human Rights, saluted the broad accession to the Convention on the Rights of the Child. He said 180 States had become parties to the Convention. More and more efforts needed to be devoted to make a reality of the Convention's provisions in the everyday lives of children the world over.
He said the international community and the United Nations had not been deaf when it came to children's suffering. They had taken various actions in that regard, including the appointment of a Special Rapporteur on the sale of children, child prostitution and child pornography by the Commission on Human Rights.
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Various United Nations organs had also been concerned with the practice of recruiting children into the military, he continued. Those organs had attested to the fact that a growing number of children were being killed in fighting or wounded in conflicts. In that regard, the Committee on the Rights of the Child had submitted a preliminary draft for an optional protocol to the Convention on the Rights of the Child. He said that participation of children in armed conflicts not only made them actors in those conflicts but had also made them victims of atrocities.
He said the Fourth World Conference on Women highlighted the importance of the access of girl children to basic education and health services and to the full enjoyment of their rights. That goal could be achieved through the adoption of legislative measures. Such measures should strengthen the struggle against compulsory marriage and other traditional practices that affected children and should also ensure the eradication of violence and discrimination against female children.
Human Rights Commission's Special Rapporteur Introduces Report
Ms. CALCETAS-SANTOS, Special Rapporteur of the Commission on Human Rights, introduced the provisional report on the sale of children, child prostitution and child pornography. She said poverty was the root cause of those problems. It was often interlinked with other factors like migration, family disintegration and breakdown of societal values. Preventive solutions to the prostitution of children and related problems focused on education, the justice system and the media. The media and education could work hand in hand in information and educational campaigns. The justice system could ensure that recourse was available for the airing of complaints and for the prosecution of those who neglect or abuse children.
"Modern technology has lent a degree of sophistication never before existing in the manner of recruitment, solicitation and advertisement regarding children in prostitution and pornography", she said. For that reason, protection laws had become obsolete and the importance of preventive action had increased. She called for the improvement of the justice system in punishing adult wrongdoers and for aggressive and innovative solutions to the problem.
Other Statements
ABDELKADER ALLOUCH (Morocco) said children were an important concern to the international community because of the specific problems they faced. The Convention on the Rights of the Child, to which 180 countries had become parties, had made those needs become demandable rights.
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Armed conflict and civil war over the last decade had caused the deaths or wounding of many children. Armed conflict was not, however, the only factor affecting children, he said. Social and economic factors were also hindering their development.
Moroccan legislation guaranteed the protection of children in conditions necessary for their development and growth, he continued. The country had developed a national programme of action for the survival and protection of children through measures such as combating malnutrition and improving school attendance as well as reducing educational disparities between young girls and young boys. Morocco also provided basic services to marginalized children and was using the means available to it to improve health services for the children. Its annual organization of immunizations, with particular attention to rural areas, had resulted in improved immunization coverage.
Morocco supported the recommendation stemming from the Social Summit and the Fourth World Conference on Women, particularly those regarding the girl child, he went on. The situation of the African child called for united action by the international community.
COLIN WILLIS (Australia) said the success of the Decade for Indigenous People would depend to a large degree on effective planning and coordination. The High Commissioner for Human Rights, the Assistant Secretary-General for Human Rights and the Centre for Human Rights had key roles in the Decade's success or failure. For that reason, they needed to be given the human and financial resources to fulfil their responsibilities.
The establishment of appropriate mechanisms, at the national level, to ensure full consultation and cooperation between governments and indigenous groups in planning and implementing the Decade's activities was essential. In his country, the National Indigenous Peoples Organization had the responsibility for coordination, planning and implementation of Decade activities. Increasing the awareness of indigenous people's rights and the starting of a process of reconciliation between indigenous and non-indigenous Australians were part of that organization's role.
KHALED S.H. AL-HITTI (Iraq) said children were always in need of special care and protection because of their immaturity. Iraq had mobilized every effort to provide special care for children to help them to grow up healthy. It had also promulgated national legislation in support of those efforts. Iraq had laid down plans and programmes in education and other areas. By 1990, its care of children had reached the level found in the developed countries.
Iraq's efforts to provide for its children had, however, been confronted with difficulties because of the economic blockade placed on it. A UNICEF statistic had stated that 3.6 million Iraqis faced the threat of diseases
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because of the blockade. More than 2 million of those people were children who were suffering from malnutrition. Similar data had been released by the WFP. It was time the Security Council lifted that blockade. In that way, the Council would be meeting its legal and moral responsibility.
CHEN PEIJIE (China) said the problems of child abuse confronting the international community included the settlement of refugee children, the protection of children affected by armed conflict and the plight of street children.
In her country, there were 380 million minors, accounting for one third of its total population. For that reason, her Government had taken legal and administrative measures to protect children's fundamental rights. Also, her Government had submitted to the United Nations its initial report on its implementation of the Convention on the Rights of the Child. That report highlighted various aspects of the protection of children's rights, including the non-discrimination principles and the responsibilities of parents.
Introduction of Draft Resolutions
The representative of South Africa introduced the draft resolution, which was orally amended, entitled "Assistance to refugees, returnees and displaced persons in Africa" (document A/C.3/50/L.17).
Under the terms of that text, sponsored by South Africa, on behalf of the Members of the Group of African States, the General Assembly would call upon the international community as a whole to strengthen the emergency response capacity of the Office of the High Commissioner for Refugees on the basis of the experience of the emergency in Rwanda. It would also call for the continued provision of needed resources and operational support to Rwandan refugees and the host countries until a permanent solution can be implemented.
Among other provisions the Assembly would call upon the international donor community to provide material and financial assistance for the implementation of programmes intended for the rehabilitation of the environment and infrastructure in areas affected by refugees in countries of asylum.
Also by the draft text, the Assembly would also appeal to Member States and international and non-governmental organizations to provide adequate financial, material and technical assistance for relief and rehabilitation programmes for the large number of refugees, voluntary returnees and displaced persons and victims of natural disasters as well as to the affected countries. The international community would also be requested to meet the special needs of refugee women and children.
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In addition, the draft would have the Assembly call upon the Secretary- General, the High Commissioner, the Department of Humanitarian Affairs, United Nations humanitarian organizations, the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies, regional and international financial institutions, the International Organization for Migration and non-governmental organizations to increase the capacity for coordination and delivery of humanitarian emergency assistance and disaster relief in general.
Further, the High Commissioner would be requested to review her general programmes in Africa to take account of the increasing requirements in that region, with a view to continuing her efforts and expanding her activities in close collaboration with the Organization of African Unity (OAU), regional organizations and governmental and non-governmental organizations in Africa, in order to consolidate aid and increase essential services to refugees, returnees and displaced persons.
The representative of the Sudan introduced the draft resolution on Assistance to unaccompanied refugee minors (document A/C.3/50/L.18).
Under the terms of that text, the General Assembly would call upon all Governments, the Secretary-General, the UNHCR, all United Nations organizations, other international organizations and non-governmental organizations concerned to exert the maximum effort to assist and protect refugee minors and to expedite the return to and reunification with their families.
Those organizations would also be urged by the Assembly to take appropriate steps to mobilize resources commensurate to the needs and interests of the unaccompanied refugee minors and for their reunification with their families. The Assembly would also condemn all acts of exploitation of unaccompanied refugee minors, including their use as soldiers or human shields in armed conflict and their recruitment in military forces, and any other acts that endanger their safety and personal security.
Also, the Assembly would call upon the Secretary-General, UNHCR, the Department of Humanitarian Affairs of the Secretariat, the United Nations Children's Fund and other United Nations organizations and international organizations to mobilize adequate assistance to unaccompanied minors in the areas of relief, education, health and psychological rehabilitation.
The draft resolution was sponsored by Jordan, Mauritania, Morocco, Pakistan, Qatar and Sudan.
The representative of the Russian Federation introduced the draft resolution on comprehensive consideration and review of the problems of refugees, returnees, displaced persons and related migratory movements
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(document A/C.3/50/L.19). He announced that Sweden, Israel, Finland, Tajikistan and Turkmenistan had joined the other co-sponsors -- Armenia, Belarus, Denmark, Georgia, Germany, Hungary, Iceland, Kazakstan, Kyrgyzstan, Norway, Russian Federation, Spain and Ukraine.
Under the terms of that text, the Assembly would call upon UNHCR in consultation with States and relevant international bodies, to develop comprehensive regional approaches to the problems of refugees and displaced persons. It would urge all States concerned and appropriate intergovernmental and regional organizations and non-governmental organizations to support that process.
[Reference was made in the fifth preambular paragraph of the draft to the magnitude of existing and potential refugee and related migratory movements in the countries of the Commonwealth of Independent States (CIS) and relevant neighbouring States.] Also, under the draft's terms, the Assembly would express its appreciation to the High Commissioner for Refugees for her efforts to promote and develop a regional conference to address the various problems. And it would request the High Commissioner to convene the regional conference in the countries of the CIS States and relevant neighbouring States in 1996. In addition, the international community would be appealed to provide the necessary support and resources needed by the Secretariat for the preparation of the conference.
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