GAP PERSISTS BETWEEN PRINCIPLES OF CHILDREN'S RIGHTS CONVENTION, DAILY VIOLATION OF THOSE RIGHTS, BRAZIL TELLS THIRD COMMITTEE

30 October 1997

Press Release
GA/SHC/3429

GAP PERSISTS BETWEEN PRINCIPLES OF CHILDREN'S RIGHTS CONVENTION, DAILY VIOLATION OF THOSE RIGHTS, BRAZIL TELLS THIRD COMMITTEE

19971030 Cites Abuses of Child Pornography, Child Labour, Effects of Conflict; Others Address Declining Conditions in Africa, Poverty and Child Labour

Despite the almost universal ratification of the Convention on the Rights of the Child, a glaring gap persisted between the principles of the Convention and daily violations of those rights, the representative of Brazil told the Third Committee (Social, Humanitarian and Cultural) this afternoon, as it continued its consideration of issues related to the promotion and protection of the rights.

She went on to say that the abuses of child pornography, child labour and the effect of armed conflicts on children were some abuses of children that caused shudders. Anyone concerned with child welfare to the international focus should be on implementing the Convention and other relevant international instruments, with emphasis on improving policies related to health, nutrition, education and improvement of family income.

The representative of Cote d'Ivoire said 51 African countries had signed the Convention on the Rights of the Child to indicate Africa's commitment to its children. Statistics on health and nutrition, however, indicated declining conditions for children because of factors that impoverished people and slowed progress, including armed conflict, drought and disease.

Several representatives expressed concern about the situation of children in armed conflict. The representative of Mozambique said, the experience of war on the children in Mozambique had severe social implications. Pain and suffering were still fresh in the memories of every Mozambican. The reality underscored the need for protecting children from the devastating impact of war and the need to conclude an optional protocol to the Convention on children in armed conflict.

Other speakers address the issue of child labour. The exploitation of child labour was directly related to the problem of poverty and socio-economic

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development, particularly for the least developed countries. New Zealand's representative said that the kinds of exploitative and hazardous work in which children were engaged differed among countries and required different measures. The draft convention of the International Labour Organization (ILO) on child labour should address those differences.

Statements were also made by the representatives of Ukraine, Iraq, Haiti, Kuwait, Indonesia, Senegal, United Republic of Tanzania, Nigeria, Lebanon, Jamaica, Colombia, Costa Rica (on behalf of the Central American Group) and Burkina Faso. The observer for the Holy See also made a statement.

Representatives of the International Committee of the Red Cross (ICRC) and the United Nations High Commissioner for Refugees (UNHCR) also made statements.

The Committee will meet again at 10 a.m. tomorrow, Friday, 31 October, to continue its consideration of issues related to the protection and promotion of the rights of the child.

Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this afternoon to continue its consideration of issues related to the rights of the child. (For background, see Press Release GA/SHC/3428 issued today.)

Statements

MYKOLA MELENEVSKY (Ukraine) said the rights of the child required special attention. The United Nations had made a useful contribution to solving very specific problems faced by children worldwide, but he was concerned by the continued deterioration in the circumstances of children in many regions. Urgent measures must be adopted to alleviate their severe situation. The activity of the working group of the Commission on Human Rights on the elaboration of an optional protocol against participation of children in armed conflicts deserved support.

Member States must ensure full observance of the Convention on the Rights of the Child provisions, as well as the Programme of Action on Prevention of the Sale of Children, Child Prostitution and Child Pornography adopted by the Commission on Human Rights in 1991. In addition, the question of the expediency of continuing to draft the optional protocol must be studied, as it might duplicate the activity of some other United Nations bodies. The 1990 World Declaration on the Survival, Protection and Development of Children recognized that the protection and development of children was a high priority.

His Government had ratified the 1991 Convention on the Rights of the Child, he said. Further, it had set up an interdepartmental commission in 1996 to coordinate implementation of the Convention and to prepare annual reports on the status of children in the country. A national programme on family planning and the children of Ukraine had also been prepared. Concrete measures were being taken by the State and the society to improve the condition of children.

MOHAMMED AL-HUMAIMIDI (Iraq) said the growing number of States that had ratified the Convention on the Rights of the Child reflected international interest in those rights and gave impetus to implementation of the Convention. The international community was bound to uphold the rights of children. His Government had issued national legislation in the field of child care and had given priority during the 1980s to adopting laws on child care, education and the care of juveniles, among others. Iraq had also ratified the Convention.

In Iraq children faced insurmountable obstacles, which constituted a grave violation of the rights of the child, he said. The children were being denied the right to life and natural growth. Thousands of children had become victims of the sanctions imposed for political reasons by the United Nations. Now in their eighth year, the sanctions continued to be destructive. Before

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the imposition of the sanctions, Iraq had been commended for its advances that had benefitted children. All those developments had vanished. More than four million citizens, the majority of whom were below the age of five years, had been subjected to physical and mental damage, as recorded by United Nations agencies.

The international community must respond to the pressing needs of the Iraqi people, particularly the malnutrition among women and children and the contagious epidemics. Due to the economic sanctions, children were dying because of malnutrition, poor health and lack of medicines. The mortality rates of children below five years of age was very high, as a result of malnutrition. The dangers to which Iraqi children had been subjected were more serious than military action. The first step in assisting those children would be to lift the sanctions, so they could live secure from hunger and death.

RENATO MARTINO, Observer of the Holy See, said it was inconceivable that any child could grow up dreaming of becoming a prostitute, a drug addict or a child soldier. Yet, an estimated 650 million children were living in conditions of almost unimaginable poverty and suffering, 2 million were involved in prostitution and more than 250 million were working in hazardous and intolerable forms of labour.

The international community had to demonstrate its resolve not only to seek out the causes for such violations of children's rights and dignity, but to implement the solutions that were known to exist and work, he continued. As always when confronting situations involving a violation of rights, it came down to an unjustifiable domination of the strong over the weak, of the "haves" over the "have nots". The solutions to such abuses had to be rooted in the family. That was the way to protect the world's children and provide them with real hope.

MARYSE NARCISSE (Haiti) said the children of Haiti had asked, "What will you do for us?" during a UNICEF-sponsored event. Her Government had guaranteed through legislation such basic rights for children as compulsory elementary education and legal protection. However, the Convention on their rights remained just words, because of a failure in implementation. Poor social and economic conditions and other contemporary factors, such as the break-up of the family, had created that situation.

Street children and children in domestic service were two growing problems, in light of the declining economic situation, she continued. Who were those street children? she asked. Some worked in the streets, but had contact with families. Others lived in the streets and had no contact with families. The problems of such children were compounded, as they lived amongst filth, ill health and violence. The number of girls in that situation was increasing.

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Similarly serious were the problems of children in domestic service, she said. A child from a rural area was lured or sent to the city, where there were no enforceable protections for them, regardless of legislation. Approximately 300,000 children lived under such conditions. As always, children were the hardest hit by economic, political and social crises. Among other things, States had to accelerate the preparation of legal texts protecting children.

MANSOUR AL-OMAR (Kuwait) said the laws of his country protected children and provided for their care and he enumerated a number of national initiatives that had improved children's quality of life, such as the building of nurseries and kindergartens, health and immunization programmes and mother- child programmes. Also, education was gratis and compulsory through the intermediate level. However, he added, the children of Kuwait had suffered from the Iraqi occupation. They had been vulnerable and unable to tolerate the brutality of the occupiers. His Government was taking steps to help those children.

MUSTAFIZUR RAHMAN, Foreign Secretary of Bangladesh, said the exploitation of child labour was directly related to the problem of poverty and socio-economic development, particularly for the least developed countries. His country was committed to the progressive and effective elimination of all forms of exploitative child labour and economic exploitation of child labour. His Government had signed a tripartite memorandum of understanding with the ILO and UNICEF to eliminate child labour in the garment sector, which was one of the largest employers of children in his country's industrial sector. Special schools had been opened to provide child workers with basic education and training. By providing children with education, the initiative sought to address poverty and illiteracy.

Bangladesh's national machinery to deal with the promotion and protection of the rights of the child was fairly well developed, he said. Education was the fundamental tool for the development of the potential of the child and the Government was investing heavily in the education of children. An action plan for the girl child and for the years 1991 to 2000 had been adopted to address the special needs and development of the girl child. Special legislative measures had been adopted to address problems such as early marriage, rape, child trafficking violence, sexual exploitation and child prostitution. His country would continue to rely on the active support of the United Nations agencies, as well as on bilateral and multilateral development partners, in its development efforts for children.

WIWIEK SETYOWATI (Indonesia) said child labour and its negative effects was among the most challenging of problems. The Oslo Conference on the issue was timely and the plan of action adopted by the Conference would foster closer cooperation between the developed and developing countries in addressing the issue. His Government had allocated approximately 30 per cent of its national development budget for social development programmes. As a

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developing country, however, it had to stress the continued need for multilateral development assistance and the fulfilment of commitments for official development assistance (ODA).

The Government was addressing the problem of the exploitation of children in a comprehensive manner, she said. Poverty alleviation programmes provided the overall context for addressing root causes. It was particularly important to protect the girl child. A national programme was being implemented within the school system to provide extra food for elementary school students, particularly in rural areas, to ensure that proper nutrition levels were maintained, especially for girls. The sale of children, child prostitution and child pornography were emerging issues which also needed serious attention.

In addition to national action to address the problem of child labour, she said, the Government had been an active participant in the ILO's International Programme on the Elimination of Child Labour since 1992, and had addressed the issue of child labour in its national development plan. Attempts were now being made to strengthen the institutional capacity to enforce labour legislation and to increase awareness surrounding the child labour issue.

IBRA DEGUENE KA (Senegal) said the plight of children throughout the world, particularly in Africa, was still precarious. Recent international conferences and the 1990 World Summit on Children were part of the quest for a solution to the problems of children around the world. Implementation of the Convention on the Rights of the Child and other international instruments should be based on an integrated, global approach. They called for concerted action at all levels.

Children were vulnerable, due to a lack of health services and education, as well as the existence of sexual exploitation, violence and excessive exploitation of child labour, he said. He commended the constant support of UNICEF for his country's national plan of action for children. A great deal of progress had been made in making the Convention on the Rights of the Child a part of the national fabric. Among other things, a children's parliament had been established, a national programme of action for working children had been created and a minimum working age in industry and in agriculture had been set.

Despite the progress made by African countries, they faced many constraints because of their economic problems, he said. Children affected by armed conflict needed urgent attention, and non-governmental organizations had played an invaluable role in protecting those children. Concerted action by the international community should also address the trafficking of children, street children in developing countries, disabled children, and education for girls.

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KABA CAMARA (Cote d'Ivoire) said that in establishing the United Nations Children's Fund (UNICEF), the world community had made a commitment, that had put children at the heart of the international community's agenda. That had been followed by Conventions. Fifty-one African countries had signed the Convention on the Rights of the Child, which indicated Africa's commitment to its children. Statistics about health and nutrition, however, indicated that conditions were declining, she said. There were many factors that had impoverished people and slowed progress. Armed conflict had made children cannon-fodder for example, while drought and AIDS had killed and left orphans. She named initiatives that Africa had taken despite its problems and said the international community had to support those efforts. That applied particularly to child labour, which was tied to family poverty, as were such activities as sale of children or their prostitution. Severe punishments had to be applied to those who abused children.

MARCELA MARIA NICODEMOS (Brazil) said that, notwithstanding the almost universal ratification of the Convention on the Rights of the Child, a glaring gap persisted between the principles enshrined in the Convention and the worldwide scourge of daily violations of children's basic rights. Problems such as child pornography, child labour and the impact of armed conflicts on children caused anyone committed to protecting human rights to shudder. While she understood the importance of setting standards, the overriding concern of the international community should be the implementation of the Convention and other relevant international instruments.

In implementing the Convention, special attention should be given to policies of health, nutrition, education and improvement of family income, which included creation of employment, she continued. An optional protocol on the involvement of children in armed conflicts was needed, as was one regarding the sale and prostitution of children. The optional protocols should cover, among other issues, the establishment of international cooperation at the judicial and administrative levels. In that way, punishment of the perpetrators would be ensured, regardless of the limit of territorial competence. International cooperation was also necessary for the rehabilitation of victims and for eradicating the root causes of sexual exploitation, which were mainly poverty and ignorance.

EDINE MANGESHO (United Republic of Tanzania) said the problems affecting children could not be seen in isolation from the socio-economic realities of most developing countries, particularly in Africa and the least developed countries. The international community must assist developing countries in their efforts to address the problems affecting children's survival, protection and development.

According to UNICEF, she continued, 140 million children between 6 and 11 years of age were not attending school in developing countries. If all those under 18 years of age were considered, the figure rose to 404 million, or 38 per cent of all children. Many of those children, particularly girls,

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found their way to jobs that were disabling and dangerous. Of additional danger to girl children were gender socialization practices that oppressed and harmed them. Affirmative action in education for girls was required, as was revision of discriminative legislation, including marriage and inheritance laws.

CATHERINE GRANT (New Zealand) said that among 190 countries that had ratified the Convention on the Rights of the Child, many were smaller nations for whom the reporting obligations were onerous. The international community should assist those countries to ensure the treaty was reflected in the reality of children's lives. Her country took very seriously the problem of exploitative child labour, particularly a most insidious form of it, their commercial sexual exploitation.

Children were involved in exploitative and hazardous work in many countries, she continued. All the situations were different and required different measures. The new convention of the International Labour Organization (ILO) should specifically address those differences. For example, a legal requirement to stay in school to a certain age, teamed with clear protections, could be an effective and practical approach in many situations. To protect against commercial sexual exploitation, international cooperation should centre on involving police and customs officials. All States should support the drafting process of the protocol, at the same time improving cooperation at the regional level and enacting laws to prosecute citizens committing offenses against children in other countries.

MARIA GUSTAVA (Mozambique) said absolute poverty, persistent armed conflicts, natural disasters and other related social and economic problems continued to be serious threats to the lives of millions of children. The root causes of the plight of children must be addressed and more resources should be allocated to ensure the survival, protection and development of children.

Of particular concern was the situation of children in armed conflict, including those forced to be soldiers, those subjected to rape and other forms of sexual exploitation, she continued. The social implications of the experience of children in war were still high. The pain and suffering were still fresh in the memories of every Mozambican. That reality underscored the need for protecting children from the devastating impact of war and the imperative of concluding an optional protocol on the involvement of children in conflict.

The promotion and protection of children's rights were priorities for the Government of Mozambique, she said. It was committed to ensuring effective implementation of the Convention on the Rights of the Child and the achievement of the goals of the World Summit for Children. It had ratified the African Charter on the Rights and the Welfare of the Child. To ensure children's basic rights, the Government continued to implement its programme

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of reintegrating and resettling former refugees and displaced persons, the majority of whom were women and children. It was taking measures to provide basic social services, such as schools, health centres and clean water. Also, special attention was being given to reuniting children with their families.

Sixteen years of war in Mozambique meant 16 years of economic and social disruption of the country's health, education and other infrastructure, she said. That situation underscored the magnitude of the challenges ahead. The Mozambican Government supported a global ban on anti-personnel landmines and the signing of the international treaty to ban the weapons, to be signed in Ottawa in December.

AMMUNA ALI (Nigeria) said the United Nations had made a great effort to promote the well-being of the world's children, despite limited resources. The important role of UNICEF was appreciated. Enhanced cooperation and concerted efforts at all levels were necessary to combat abuse and violence against children. Additional efforts must be made to ensure responsible use of modern communication technology, such as the VCR, the television and the Internet, particularly, in the dissemination of pornographic material.

Her Government was giving special priority to the welfare and the development of the child within its national development plan, she said. In Nigerian tradition, the child was viewed as belonging to the extended family and community. Within that context, the Child Development Department of the Ministries of Women Affairs and Social Development at the federal and state levels had been charged with the responsibility of initiating policies and implementing programmes to promote the well-being of Nigerian children. Also a national task force had been established to promote the education of the girl child.

She said that other mechanisms included the child rights information bureau, and a children's congress, which allows children to discuss issues of importance to their welfare with policy makers, caregivers, parents and other relevant groups. In addition, child rights clubs were being set up in schools in different parts of the country. Urgent solutions must be found to all armed conflicts, in the interest of promoting and protecting the right of the child.

HASSAN NAJEM (Lebanon) said Lebanon's national plan protected the health of children and guaranteed them an education. It aimed for ambitious goals, such as education for peace, protection from drugs and strict control over the media, to keep violence from intruding on children. However, children in southern Lebanon suffered from Israel's occupation. Their education had been disturbed and their lives had been interrupted. The international community should prevail upon Israel to cease its occupation, so that Lebanon's national plan could be better implemented in line with the Convention on the Rights of the Child.

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CHERRYL GORDON (Jamaica) said diatribes against child labour would not help. Only hard, tortuous work on the part of governments and civil society would reduce and eventually abolish child labour. As had been pointed out, the reasons for child labour should be primarily considered. Child labour was often the result of poverty. Children often worked out of necessity. She said the Oslo Conference on child labour had been right to focus on the issue of development as related to child labour. Quoting Jamaica's Minister of Labour, she said the under educated and illiterate were not good candidates for the modern labour market, but were prime targets for further exploitation.

EDITH CAMERANO (Colombia) said the current situation of violence between the Government and the drug traffickers had affected children. That was related to the overall issue of human rights in the country, which was also being addressed. There were numerous national initiatives for protection of children, such as those related to the care of child victims of landmines or abductions. Further violence in the home was one of the worst problems affecting children. Overall, the plans, programmes and strategies of the national agenda were aimed at protecting children, which was a new direction for the Government.

DOMINIQUE BOREL, of the International Committee of the Red Cross (ICRC), said all States should attend the next session of the working group on the draft optional protocol to the Convention on the Rights of the Child. The draft protocol must: apply to all situations of armed conflict; apply to all parties to the conflict; prohibit recruitment of children under 18; and prohibit any participation in hostilities by children under the age of 18.

However, enacting new rules was not enough she continued. It was important to establish mechanisms to repress violations. For that reason, the ICRC had proposed that the recruitment of children into the armed forces or armed groups, and allowing children to take part in hostilities, be included in the list of war crimes that would fall within the purview of the international criminal court. Such practices should be considered as war crimes in all conflicts, whether they were international or internal.

SOREN JESSEN-PETERSEN, Director of the United Nations High Commissioner for Refugees (UNHCR) office at United Nations Headquarters, said the study by Grace Machel on the situation of children in armed conflict was of great importance to UNHCR. The UNHCR was in a unique position to act on behalf of war-affected children, who constituted the majority of refugees and displaced children. Fifty per cent of the 23 million persons of concern to the Office were under 18 years of age. The UNHCR had prepared an internal follow-up strategy to the Machel study, which was strongly endorsed by the Standing Committee of the UNHCR Executive Committee.

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The High Commissioner had instructed all its directors and representatives to draw up a plan of action showing how each office intended to implement the recommendations of the Machel study, he continued. The Office would concentrate on such areas as unaccompanied minors, education for adolescents, sexual exploitation and preventing the military recruitment of children. The Office was stepping up its efforts to protect refugee children and adolescents. It also supported the efforts to draft an optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.

EMILIA CASTRO DE BARISH (Costa Rica), speaking also for the Central American Group (Guatemala, El Salvador, Honduras, Nicaragua, and Panama) urged the United States to follow the example of Central American Group and accede to the Convention on the Rights of the Child. She urged all States that had not yet done so to accede to the Convention, as a priority. To strengthen the Convention and to make it more effective, States that had made reservations should consider withdrawal of those reservations.

She went on to say that anti-personnel landmines had killed a disproportionate number of women and children. She endorsed the concern expressed by the Secretary-General's Special Representative to study the impact of armed conflict in Children, Olara Otunna. She was particularly concerned by the use of children as soldiers, and the physical and psychological consequences of war on children. States should provide an environment to ensure children's health and welfare. The report on child prostitution had highlighted all the ills of that problem. It was also essential that children had free primary education and were safe from any type of discrimination.

AWA OUEDRAOGO (Burkina Faso) outlined the national plan of her Government and commended the Committee on the Rights of the Child. Heightened cooperation was necessary, she said. The situation of children had improved only slightly. Children were abused, exploited and exposed to the greatest evils including sexual tourism. Protection of children was necessary, but the situation of developing countries in terms of implementing the Convention had to be considered.

Most developing countries, and in particular the least developed countries, had a hard time implementing safeguards, she said. Reallocating scarce resources was not an answer. The document on child labour was promising, but priority should be placed on making progress on the most important goals. Eliminating child labour should be part of a broad programme which included such elements as development issues, training and awareness campaigns.

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