SPECIAL RAPPORTEUR ON SALE OF CHILDREN, INDEPENDENT EXPERT ON VIOLENCE AGAINST CHILDREN PRESENT REPORTS
Press Release HR/CN/1076 |
SPECIAL RAPPORTEUR ON SALE OF CHILDREN, INDEPENDENT EXPERT
ON VIOLENCE AGAINST CHILDREN PRESENT REPORTS
Commission Continues Debate on Rights of Child
(Reissued as received.)
GENEVA, 6 April (UN Information Service) -- The Special Rapporteur on the sale of children, child prostitution and child pornography and the Independent Expert in charge of the Secretary-General’s study on violence against children presented reports this afternoon to the Commission on Human Rights, with both saying increased attention must be paid to widespread abuses committed against children.
The Special Rapporteur, Juan Miguel Petit, said current efforts to battle the sale of children and child prostitution continued to be characterized by large gaps and continued impunity for perpetrators. Mr. Petit said he wondered if the international community was truly seeking to construct a human rights regime that provided effective protection and prevention. The Special Rapporteur went on to describe his findings following visits to France and Brazil.
Brazil and France spoke as concerned countries. Switzerland, Cuba, Ireland speaking on behalf of the European Union, and Argentina participated in the inter-active dialogue with the Special Rapporteur.
The Independent Expert, Paulo Sergio Pinheiro, said his upcoming study would seek to provide an in-depth picture of violence against children, documenting the magnitude, incidence and consequences, and would focus on providing clear recommendations for the improvement of legislation, policy and programmes to prevent and respond to such problems. He said preparation of the study should be viewed as an opportunity for focusing attention on the issue of violence against children.
Debate continued on the rights of the child, with a number of national delegations describing Government efforts to secure children’s well being. Repeated calls were made for further international effort and coordination to end trafficking in children and related problems of sexual exploitation.
A representative of Ireland, speaking on behalf of the European Union, said sexual exploitation of children was a heinous crime in its own right and also a major contributor to the spread of HIV/AIDS; measures should be taken at the
international, regional, and national levels to combat such exploitation, starting with action to address the problem of demand.
A representative of Cuba said poverty, hunger, disease, illiteracy, armed conflict, discrimination, exploitation and violence were evils that affected the vast majority of children in the Third World on a daily basis, and yet resources were wasted on war and weapons which could have been used for health and education -- a tiny percentage of the $800 billion spent annually on defence would provide universal access to basic services in all third world countries.
Addressing the meeting were representatives of Ireland (on behalf of the European Union), Canada (on behalf of Australia and New Zealand), Sri Lanka, Pakistan, South Africa, Cuba, Congo (on behalf of the African Group), India, Paraguay, Republic of Korea, Ukraine, Sierra Leone, Argentina (on behalf of the Latin American and Caribbean Group), Sudan, Indonesia, Uganda, Honduras, Japan, China, Austria, and Eritrea.
The Commission will reconvene at 10 a.m. on Wednesday, 7 April, in the Assembly Hall, to continue debate on the rights of the child. A special meeting will be held at noon featuring an address by United Nations Secretary-General Kofi Annan on the tenth anniversary of the Rwandan genocide.
Documents on Rights of Child
Under this agenda item, the Commission has before it a number of reports.
They include the report (E/CN.4/2004/9 and Add.1 and Add.2) of Juan Miguel Petit, Special Rapporteur on the sale of children, child prostitution and child pornography, which focuses on the prevention of child sexual exploitation and is based on information received from Governments, international organizations and non-governmental organizations in reply to a questionnaire sent by the Special Rapporteur. Among its conclusions and recommendations, the report notes that common features identified in successful prevention policies and programmes include political will; a sound knowledge base; an institutional presence; a multidisciplinary approach and coordination between different institutions; participation of children and their families; outreach to the grassroots level; attention to gender issues and the concerns of groups exposed to higher risks of sexual exploitation; and adequate human and financial resources. National policy frameworks, legislation and international instruments are indispensable tools in prevention efforts. Moreover, prevention policies cannot be implemented in isolation from policies related to protection, recovery and participation. Successful interventions are a combination of activities that attack the problem on different fronts in a holistic manner.
The first Addendum to the report contains the finalized summary on the Special Rapporteur’s 2002 mission to France. According to information received, children are being trafficked into France primarily from Eastern Europe, notably Romania, and from West Africa, but also from Asia, including from such countries as India and China. Many of those children are under the control of trafficking networks and are forced into prostitution. Reports have also been received alleging that the production of child pornography is sometimes connected with domestic sexual abuse. The Special Rapporteur recommends, among other things, the establishment of the same level of cooperation with authorities of other main countries from which children are trafficked as is seen in the case of Romania. The situation of the apparent legal vacuum of “waiting areas” in French airports must be addressed, with the legal protection due to minors under French law extended to all children arriving in France. He also commends the Government for its efforts, among others, not to criminalize the children involved in child prostitution, for the adoption of extraterritorial legislation to combat offences related to child sex tourism committed abroad and for the establishment of an office for abused children formalizing a national network of assistance for children with police, doctors and other professionals.
The second Addendum to the report concerns the Special Rapporteur’s mission to Brazil from 3 to 14 November 2003 and concludes that the President’s remarkable decision to make the fight against child sexual exploitation a priority of his Government is an important mobilizing factor at the institutional level and strong backing for organizations and social movements committed to the promotion of children’s rights. Noting that the legislative and policy framework is in place, he recommends the establishment of a Guardianship Council in all municipalities to further implement the Statute for the Child and Adolescent. Specialized criminal courts, prosecutor services and police precincts for child victims of crimes should be established and strong signals sent that impunity would no longer be tolerated. He also warns that prevention programmes and coordination efforts must be strengthened and that education is a strategic weapon in the fight against child sexual exploitation.
There is a report of the Secretary-General on the Status of the Convention on the Rights of the Child (E/CN.4/2004/67), which notes that as of 12 December 2003, the Convention on the Rights of the Child has received 140 signatures followed by ratification. In addition, 46 States have acceded to the Convention and six have succeeded to it, bringing the total number of ratifications and accessions to 192. As of the same date, the optional protocol to the Convention on the involvement of children in armed conflict, which entered into force on 12 February 2002, has been signed by 115 States and ratified by 67 States, and the optional protocol to the Convention on the sale of children, child prostitution and child pornography, which entered into force on 18 January 2002, has been signed by 108 States and ratified by 69 States. The report also details recent meetings of the Committee on the Rights of the Child and notes that its thirty-fifth session will be held from 12 to 30 January 2004 at the United Nations Office at Geneva.
There is a progress report of the Secretary-General on the study on the question of violence against children (E/CN.4/2004/68), which details progress on the study on violence against children, requested by the General Assembly in its resolution 56/138 (2001). The report enumerates the activities engaged in by the independent expert on violence against children, Paulo Sergio Pinheiro, since his appointment on 12 February 2003. It also notes that the Office of the High Commissioner for Human Rights, the United Nations Children’s Fund (UNICEF) and the World Health Organization (WHO) -– identified as the lead United Nations bodies to support the study -– have agreed that a small secretariat, headed by a director, would be established in Geneva to support the independent expert, to be financed through voluntary contributions. The director has been recruited and is expected to take up her post in February 2004. The report also notes the steps taken to facilitate non-governmental organizations’ input into the study.
There is a note by the Secretary-General on the Report of the Subcommission on the Promotion and Protection of Human Rights on the state of implementation of the Programme of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography (E/CN.4/2004/69), which draws the Commission’s attention to the report of the Secretary-General to the Sub-Commission on the state of implementation of the Programme of Action (E/CN.4/Sub.2/2003/26), adopted by the Commission in its resolution 1992/74.
Statements on Sale of Children, Child Prostitution, Child Pornography
JUAN MIGUEL PETIT, Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography, began his presentation by “thinking aloud” about whether the international community was truly seeking to construct a human rights regime that provided effective protection and prevention against violations of human rights. The current system, which continued to be characterized by large gaps and continued impunity of perpetrators, must be brought to an end. One must bear in mind that each child was an ambassador for all children and that what happened to one child happened to all. It was important to build democratic societies, as they were the forums in which people had the right to voice their opinions and make respect for human rights a reality. Mr. Petit also referred to the questionnaire he had sent out last July and said that he had intended it to help him provide a practical document to inspire policies and programmes for the protection of children’s rights.
During his mission to France, Mr. Petit said, evidence had pointed to links between child pornography and sexual abuse in the home. In that regard, he had focused on reports from several mothers who provided information on abuse during family crises, they also spoke of networks of abuse. He had drawn specific cases to the attention of the Government, which had subsequently been addressed by the authorities. His visit had contributed positively to the consideration of this issue in France by placing it openly on the table. The issue now figured on the national agenda, and that too helped with prevention. At the time of his mission, he had expressed concern about possible repercussions against those acting to help the abused. Thus, it was good to see that legislation had been adopted ensuring that paediatricians and psychiatrists reporting abuse of children would not be subject to sanction.
During his mission to Brazil, Mr. Petit said, he had received excellent cooperation from the Government and had witnessed the dynamism of public and private-sector efforts to generate protection systems for children. However, the great gaps faced on issues such as poverty, hunger and social equality in the country called for continuity across policies to redress problems. The State already possessed an encouraging regulatory framework on the status of children and adolescents, but that must be translated into reality on the ground and the root causes of abuse must be addressed. There were still strong signs of impunity in the country, which required coordinated response from all three branches of power. The police and the judiciary should both be reformed. Finally, it should be noted that Brazilian civil society networks could reach areas that the State could not. Community outreach efforts should be supported.
Mr. Petit said had recently visited Paraguay and his report on that mission would be submitted to the Commission’s next session. On the possibility of establishing a new post of Special Rapporteur on trafficking in human beings, Mr. Petit said that such trafficking certainly constituted a scourge that must be redressed. For his part, if the post were established, he would work with the other Special Rapporteur to avoid duplication and ensure complementarity of effort. Moreover, the purview of the post should not be limited to the issue of trafficking in women and girl children for sexual exploitation.
HILDEBRANDO TADEU VALADARES (Brazil), speaking as a concerned country, said the Brazilian Government attached great importance to the promotion and protection of human rights. The protection and promotion of the rights of children had been given an even higher priority. The protection of children against sexual exploitation and other abuses had also been given special attention. In collaboration with international organizations and civil society, the Government had been coordinating its fight against this scourge. It had provided professional training to those who were involved in protecting youth from sexual exploitation; and measures were being taken to prosecute those who committed crimes of sexual exploitation against children. At the municipal level, measures were being taken to rehabilitate victims of sexual exploitation and to promptly investigate cases.
The National Congress of Brazil had adopted a law defining acts of sexual exploitation and had put in place guidelines. To enhance the protection of children, the Government had ratified the two Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, and on child involvement in armed conflicts. Ratification of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women would follow soon.
GABRIEL KELLER (France), speaking as a concerned country, said the mission to France of the Special Rapporteur completed the preliminary note that was submitted during the fifty-ninth session of the Commission, and the latest report included the observations made by the Government of France. A fruitful exchange had been established.
Since last year, a new organization had been put in place to further protect minors put in holding areas, and they were provided with a legal representative. In cases of alleged sexual abuse, it was important to note that a minor capable of discernment could be interviewed by a judge or his designate if the minor made the request. With regard to the protection of doctors and health professionals who warned of sexual abuse perpetrated on children, a law stipulated that no disciplinary action could be taken against them. With regard to the application of the “principle of precaution” to judiciary issues in which allegations of sexual abuse were formulated, measures could be taken at any time, including urgently, to protect children, without waiting for the end of a penal inquiry into a complaint. Finally, within the French National Consultative Commission on Human Rights, a working group had been created to produce a report on the recommendations of the Special Rapporteur, and this working group had already begun its work. The French Government was interested in the Special Rapporteur’s report, and aimed to follow it up in the most complete manner possible.
Inter-active Dialogue
JEAN-DANIEL VIGNY (Switzerland) said as the Special Rapporteur had pointed out, the idea of setting up a new procedure for dealing with trafficking of women and children had been proposed. The Special Rapporteur on the rights of women was of the opinion that it would be a good idea to ask the other mechanisms to submit a report on this question. Due note was taken of the position of the Special Rapporteur who had just spoken that trafficking should deal with all human beings and not just with women and children.
OSCAR LEON GONZALEZ (Cuba) said all questions relating to the rights of the child were important. Cuba had taken an interest in these issues, and asked for more information on the factors, experiences and realities related to the conclusions of paragraph 24 of the report that said that sexual abuse was the indication of a basic problem.
MARY KEENAN (Ireland), speaking on behalf of the European Union, said the report was very interesting, and asked to what extent national legislation on sex tourism, which made perpetrators liable in their home counties, actually helped in the fight against sexual exploitation of children. Secondly, among all the programmes examined, had the Special Rapporteur identified benchmarks that could be applied practically?
SERGIO CERDA (Argentina) said that with regard to the increase in the number of members of the Committee on the Rights of the Child, had the Special Rapporteur seen any favourable repercussions for his mandate? Had there been any benefits from this broader representation?
Mr. PETIT, Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography, responding to the questions posed, said he had studied the proposal for the appointment of a Special Rapporteur on trafficking in human beings and had already expressed his support and had said he would work to coordinate his own efforts with those of a new expert. It was clear that each mandate had a limited scope of action, so Special Rapporteurs should not feel their mandates threatened by the emergence of new mandates, but should respond with solidarity. It was also important to ensure that each new post added to the wider discussion and that new reports were not ignored. One suggestion he would make was that there be a geographical determination of the scope of the new Special Rapporteur, instead of having the mandate cover the whole world. That would facilitate the work.
In response to the questions posed by the Representative of Cuba, Mr. Petit said no explanation could be found for a number of aspects of human behaviour, including what led an individual to abuse another human being. It was very difficult to understand how people could do this. His study had tried to address certain social factors that existed in the vast majority of countries –- including poverty and underdevelopment -– which could contribute to such behaviour, including through creating borderline situations in which vulnerability and lack of training contributed to individuals being unaware of their rights. Such individuals were often vulnerable to offers of money or to the fantasy of escaping their circumstances. The central challenge was to build democratic societies in which people had the full possibility of developing their rights in economic and social terms. There must be some minimum network for sounding the alarm when rights were violated. Yet to be effective, there must be a balance between all human rights. Without civil and political rights, one could not ensure economic, social and cultural rights.
In response to the question put by Argentina, Mr. Petit said he had yet not detected any change in carrying out his mandate as a result of the increased membership of the Committee on the Rights of the Child.
Statement of Independent Expert on Violence against Children
PAULO SERGIO PINHEIRO, Independent Expert in charge of the Secretary-General's study on violence against children, introducing his report (E/CN.4/2004/68), said that since his appointment, he had engaged in a number of activities. He had developed a concept paper which outlined the objectives and scope of his study and the strategy that he intended to pursue in its execution. His intention was to provide an in-depth picture of violence against children, documenting the magnitude, incidence and consequences of various types of violence against children, and to focus on providing clear recommendations for the improvement of legislation, policy and programmes to prevent and respond to violence against children. He would highlight best practices for prevention and response, in particular those designed by children. The focus of the study would be on children as victims of violence, although some attention would be paid to children as perpetrators of violence against other children.
Special attention would be paid to violence against children in the family, the community -- including schools, care and residential institutions, detention facilities and prisons -- and to administration of justice. The study would pay particular attention to the impact of discrimination on patterns of violence against children, and it would take account of the vulnerability of specific groups of children to violence. Gender analysis would be a critical element of the study. In conducting the study, he would seek to provoke comprehensive national reviews of the issue in as many States as possible. Such reviews should take into account the prevalence of the problem, legal frameworks, child protection systems, statistics, and the recording of data on initiatives to protect children and prevent violence against them that had proved to be effective. The preparation of the study should be viewed as an opportunity for focusing attention on the issue of violence against children.
Statements on Rights of Child
MARY WHELAN (Ireland), speaking on behalf of the European Union, said nearly two years had passed since the Special Session of the General Assembly in which the international community had reaffirmed its obligations to children and had committed itself to creating a world fit for children. In the efforts to promote and protect the rights of the child, there were clear legal standards, and in particular the Convention on the Rights of the Child should become a truly universal instrument.
All aspects of the realization of the rights of the child were of importance to the European Union. Armed conflict had a particularly harsh impact on children; it deprived them of their lives, their families, their childhoods, and forced them to assume adult roles so they could survive in a world that was not even fit for adults. The international community should therefore continue to strengthen its efforts to ensure the rights of children affected by armed conflict. Armed conflict also placed children and young people at particularly high risk of contracting HIV/AIDS. Sexual exploitation of children was also a major contributor to the spread of HIV/AIDS. Measures should be taken at the international, regional, and national levels to combat such crimes of exploitation, starting with action to address the problem of demand.
PAUL MEYER (Canada), also speaking on behalf of Australia and New Zealand, said the three countries were committed to enhancing the promotion and protection of the rights of children, and their actions went beyond those specifically targeted at children to include mainstreaming their rights within other activities at the national, regional and international levels. They supported efforts to strengthen monitoring, reporting and accountability for violations of children’s rights in armed conflicts, encouraged close coordination with existing initiatives such as those related to the protection of civilians in armed conflict, and encouraged Member States that had not done so to ratify the optional protocol on the involvement of children in armed conflicts.
The unimaginable suffering of children who continued to be the victims of sexual exploitation, including children being trafficked, could only be effectively addressed by collective action on the part of the world’s States. Concern was felt over the erosion of international understandings on the rights of children. States that were in the process of developing their national plans of action were encouraged to take children’s views into consideration on all issues that concerned them, as their input was critical for ensuring a multi-sectoral, child-centred framework for children in the coming decade. It was crucial that all relevant organs of the United Nations system systematically mainstream child rights through all their activities, and that they adopt a strong child rights approach.
MANORI MALLIKARATCHY (Sri Lanka) said the rights of children were an integral part of all human rights. It was said that the sincerity of the human rights debate in a country could be measured by the protection it afforded to minors, the disadvantaged and the dispossessed. Sri Lanka attached great importance to ensuring a progressive discourse on child rights and to endeavours to constantly upgrade the standards that ensured the physical and mental well being of children.
The Constitution of Sri Lanka guaranteed to all citizens, including children, specific rights and freedoms. The promotion of the rights of the child had been further enhanced by the signing of the United Nations Convention on the Rights of the Child. Sri Lanka aimed to achieve the Millennium Development goal of gender parity in primary and secondary education, and, as a consequence, today girl students were on a par with or outnumbered their male counterparts in schools and higher education institutes. The prevention of child sexual exploitation required a set of policies and a combination of measures that varied according to different contexts. In recent years, laws had been introduced and strengthened in Sri Lanka to protect children from such crimes. Work was being done to have child soldiers released and rehabilitated so that they could return to a normal way of life.
TEHMINA JANJUA (Pakistan) said Pakistan had declared 2004 the year of the child. The fact that half the population was below 18 years of age posed enormous challenges and offered great opportunities. The rights of the child lay at the heart of Government's development priorities. The National Commission on Child Welfare and Development was the focal point for children's rights in the country. Pakistan had signed the two optional protocols to the Convention on the Rights of the Child in September 2001, and it would soon start the process of ratification. It had also ratified International Labour Office Convention 182 on the elimination of the worst forms of child labour.
Child welfare was among the core concerns of the Government in its formulation of policies for the social sector. In keeping with the decisions of the General Assembly Special Session on Children held in 2001, Pakistan was trying to ensure that every child was given the best possible start in life. This posed tough challenges, particularly for a developing country. However, Pakistan was determined to overcome all hurdles.
J. NDLOVU (South Africa) said more than half the population of South Africa was under 16. The scale of the challenge to ensure that the rights of such a sizeable section of society was adequately monitored and protected should not be underestimated. It was hard not to feel grave concern that the situation of children in many parts of the world remained critical. The persistence of dehumanising poverty, social inequality, inadequate social and economic conditions, pandemics -- in particular of HIV/AIDS, malaria and tuberculosis -- environmental degradation, armed conflicts and related calamities had had devastating consequences for children and required urgent and effective national and international action.
But all was not doom and gloom for the children of the world -- most countries had ratified the Convention on the Rights of the Child, and civil society, non-governmental organizations, private businesses and foundations were making valuable contributions to the health and well-being of children globally. It was clear that many countries had made strides towards the achievement of the Millennium Development Goals, and the international community should redouble its efforts to make a world fit for children a reality.
Mr. GONZALEZ (Cuba) said poverty, hunger, disease, illiteracy, armed conflict, discrimination, exploitation and violence were evils that affected the vast majority of children in the Third World on a daily basis. And yet resources were wasted on war and weapons which could have been used for health and education. A tiny percentage of the $ 800 billion spent annually on defence would provide universal access to basic services in all Third World countries.
The Cuban Government and people had been working in favour of children’s rights for more than 45 years, in spite of obstacles imposed by the criminal economic blockade applied against Cuba. Among the negative effects of the blockade on children’s health were constraints arising from the country’s decreased ability to purchase medicines and gain access to new technologies. And in these days of condemning terrorism, it must be recalled that Cuban children had not been spared as targets of terrorist actions organized, financed and supported by individuals in the United States. In spite of setbacks, Cuba had achieved successes. Among other things, 100 per cent of children attended school in Cuba and 99 per cent reached ninth grade. There was one teacher per 20 students in primary schools, and the infant mortality rate had been lowered to 6.5 children per 1,000 live births. Cuba cooperated in solidarity with other peoples through programmes that covered health and education so that they too could enjoy the benefits obtained by the Cuban people.
ROGER JULIEN MENGA (Congo), speaking on behalf of the African Group, said that although in African societies, children were the focus of the community, they were the victims of all forms of violence. They were subjected to physical violence, ill-treatment, child labour, commercial sexual exploitation, sale and trafficking, forced marriage, genital mutilation, abduction and forced drafting into armed bands, among other things. The vulnerability of certain specific groups, in particular refugee children, children of religious and ethnic minorities, and children of African descent had been exacerbated in recent years.
Children below the age of 18 in Africa constituted a considerable proportion of the population and they were unfortunately the most affected by all forms of human rights violations. Such violations were closely related to poverty and underdevelopment.
A recent study by the United Nations Children's Fund (UNICEF) had indicated that a number of children in Africa, particularly in the sub-Sahara, lived in extreme poverty. Lack of access to education and social exclusion had allowed greater play to the forces of organized crime which aimed to benefit from the precarious situation of children. Consequently, a number of children became victims of trafficking for commercial sexual exploitation; many of them became child prostitutes in their own countries. Because of hunger and extreme poverty, millions of children risked their lives by involving themselves in the worst forms of labour. Most of those children were undernourished and did not go to school. Many became street children, which was a common phenomenon in African towns. Poverty was the principal cause that pushed children to join armed groups; it was also the main reason they fell prey to abduction or forced conscription.
MUKTA TOMAR (India) said India’s commitment to the rights of the child had been enshrined in its Constitution. One of the directive principles of State policy concerned the need to ensure that children were given opportunities and facilities to develop in a healthy manner and in conditions of dignity, protected against exploitation and moral and material abandonment. National policies had witnessed rapid progress since independence and the maximum possible outreach had been provided to all programmes.
Among the country’s major recent initiatives had been efforts to provide for free and compulsory education for all children aged 6 to 14 years; the introduction of the National Commission for Children bill at Parliament in December 2003; the elaboration of a National Charter for Children; amendment of the Prenatal Diagnostics Techniques Act to prohibit sex selection before and after conception; the announcement of a National AIDS Prevention and Control Policy in 2001 and of a National Health Policy in 2002; the National Child Labour Projects; and the launching of a national programme to empower women at the grassroots level. Recognizing that Governmental action alone could not bring about the full realization of children’s rights, the Government acknowledged the need for complementary and dynamic partnerships with non-governmental organizations, social activists and grassroots field workers and civil society, as well as the need for an effective international cooperation framework.
HUGO CHAPARRO (Paraguay) said the situation of children and adolescents was of great importance. Most children in Paraguay lived in rural areas. They were one of the most vulnerable groups in society. Paraguay worked to address their needs by providing services and combating poverty. Impetus had been taken to combat various social problems, and various institutions had combined efforts to that end. The Government was implementing the recommendations of the resolution adopted at the last session of the Commission and acting to implement conventions such as the ILO Convention on child labour, which had been adopted.
Child labour was of particular concern for Paraguay. Children, in particular street workers, were exposed to the worst forms of work as well as to other negative influences. The Government was committed to eradicating child labour, and was placing particular focus on street-working children, through, among other things, a publicity campaign that showcased regional efforts to combat this serious problem. The Special Rapporteur on the sale of children, child prostitution and child pornography had visited the country in March. He had travelled extensively through Paraguay and had met with many authorities and representatives of civil society and international organizations. His visit was characterized by the openness of national society and he had seen the country’s determination to meet challenges in this area. The submission of the Special Rapporteur’s report was looked forward to, as it would allow for strengthening institutions and enhancing national dialogue on the issue.
KYUNG-AH LEE (Republic of Korea) said that despite global efforts to protect children, millions were still being abused and exploited as prostitutes or had their rights violated in harmful jobs, in prisons or in other difficult circumstances, or in their positions as refugees or victims of armed conflicts. The international community was urged to redouble its efforts and to renew its commitment to realizing the principles enshrined in the Convention on the Rights of the Child.
Commercial sexual exploitation of children was a global phenomenon, and should be addressed through coordinated international, regional, national and local initiatives. The issue of children and armed conflict was another area that needed special attention. Children were the future. Bringing up children with a correct and accurate historical education was an essential element for preventing the recurrence of systematic violations of human rights. Every State had the responsibility of ensuring that its children had access to truthful and sound education, particularly through textbooks which reflected true historical facts without any distortions or abridgements.
VOLODYMYR BELASHOV (Ukraine) said the issue of the rights of the child was a very important one. Investing fully in children today would ensure the well-being and productivity of future generations. The international community had made important steps, and the scope of international instruments had been strengthened and expanded. However, success in standard-setting should not cause complacency -- in fact, quite the contrary. While standards were high, the picture continued to be very grim when it came to implementation. In many places, children continued to be killed, made orphans, abducted, deprived of education and care, recruited and used as child soldiers on a massive scale, and left with deep emotional scars and trauma.
Another area of grave concern was that many thousands of women and children, both girls and boys, were taken from one country to another as part of the slave trade. An effective approach to addressing the trafficking problem required a comprehensive and integrated approach that took into account socio-economic, cultural, legal and other factors. Advances in child welfare had also been greatly hampered by the spread of HIV/AIDS. It was hoped that the debates and forthcoming resolutions in the Commission would set out an important agenda and basis for future work
SYLVESTER EKUNDAYO ROWE (Sierra Leone) said children were the most vulnerable population group as far as human rights violations were concerned, and the rights of the child transcended all other rights. There was a child dimension to virtually every human rights problem currently under consideration by the Commission. The right to education, the right to food, the right to adequate housing, the right to the enjoyment of the highest attainable standard of physical and mental health, the right of access to medication in the context of HIV/AIDS, tuberculosis and malaria, human rights and extreme poverty -- these were all aspects of human rights that should first and foremost be considered in the context of children.
The concept of progressive realization of economic, social and cultural rights was anathema as far as children’s rights were concerned, as it implicitly said that children should wait, and wait, and wait for food, for basic immunization, for the right to survive beyond two or three months after birth. Human rights defenders, the advocates of human rights promotion and protection, as well as critics of violations of civil and political rights in any part of the world, should put children first and not forget the economic and social rights of the children of Sierra Leone and other developing countries. Political and civil rights should be protected by all means, but they should not be allowed to smother children, to supersede their basic right to food, their right to health and education, their right to livelihood, their right to life.
Mr. CERDA (Argentina), speaking on behalf of the Latin American and Caribbean Group, said the Group attached the utmost priority to issues of the rights of the child and endorsed all the rights enshrined in the Convention on the Rights of the Child, which should serve to guide all actions related to the protection of children. The elaboration of the two optional protocols on child labour and children in armed conflict provided hope in the struggle against such despicable manifestations in today’s world, but these instruments were insufficient for remedying the situations of millions of boys and girls worldwide. The reports of multiple Special Rapporteurs should serve to give additional guidance on how to attack problems affecting children’s rights. The prevention of sexual violence and exploitation of children must be a priority and must be condemned internationally, while serving as the starting point around which to pool efforts to elaborate a new international instrument banning all violence as a means of punishment of children.
Children were the best capital for the future and the international community should give them due consideration. There should be increased cooperation at all levels as the only means of building on the achievements already accomplished. The Group committed itself to that endeavour, as exemplified by its co-authorship with the European Union of the draft resolution on the rights of the child for the past eight years. The current draft incorporated a global approach to the rights of the child and the Group remained convinced that the text would contribute to furthering children’s rights. The draft should, as always, be adopted by consensus. Among remaining issues of particular concern was the need to promote the implementation of the Convention on the Rights of the Child through incorporating measures for its full realization across a variety of related issues. Also, States should contribute to the Independent Expert’s study on violence against children.
YASIR SID AHMED (Sudan) said the Sudan had examined the comprehensive study of the Independent Expert of the Secretary-General on violence against children. It supported this study. The Government of the Sudan had been taking all necessary measures to prevent violence and protect children from violence. The post-war peace-building process had taken into consideration the situation of children involved in armed conflicts and those who had been victims of abduction. The Government had been dealing with vigour and perseverance with the situation of abducted children and women. A Commission had been set up to elucidate and investigate cases. The Government had allocated a large amount of money to this Commission to enable it to speed up the process of investigation and the search for victims. As a result of the efforts of the Commission, a number of children and women had been released.
The Government of the Sudan had implemented a plan of action on the rights of children. The National Council on the Rights of the Child had recommended a draft law on the further protection of Sudan’s children which was now under discussion in Parliament. To assist children involved in armed conflicts, the Government had taken measures and undertaken projects. Among the programmes was one on building peace, which had also been the subject of workshops and seminars. The teaching of human rights had been introduced. The right to free expression had been strengthened and Sudanese children were participating in international events in other countries. Many of them had travelled abroad for that purpose.
BONANZA P. TAIHITU (Indonesia) said Indonesia attached particular importance to the promotion and protection of the rights of the child. The prominence of the rights of children in Indonesia had been strengthened in the amended Constitution, which guaranteed the promotion of the human rights of children with regard to their well being, development, and protection from all kinds of violence and discrimination. There was a strong belief that the promotion and protection of the rights of the child could only be effectively achieved through a comprehensive legal framework.
Despite the economic crisis that had continued since 1997, the Government had spared no effort to realize the rights of the child. Among other things, it was according serious attention to the issues of trafficking and sexual exploitation of children. Given the transnational nature of these problems, the Government was aware of the imperative need to forge regional and international cooperative efforts in response. While Indonesia was heartened by the progress achieved so far, challenges to the complete fulfilment and enjoyment of the rights of the child still lay ahead. Since the future of the nation depended so much on the well being of its children, the Government of Indonesia was fully determined to move ahead with the promotion and protection of the rights of the child.
WILLIAM G. NAGGAGA (Uganda) said investment in children was the surest guarantor of the welfare and productivity of future generations. Among other initiatives undertaken to implement international and regional instruments on the rights of the child, Uganda’s Parliament had translated the Convention on the Rights of the Child into national legislation through the promulgation of the Children’s Statute of 1996. Implementation of that Statute continued under the National Plan of Action for Children, which had been integrated into the State’s comprehensive development framework, the Poverty Eradication Action Plan.
Having suffered from the abduction of its children by the Lord’s Resistance Army –- which had kidnapped more than 11,000 children over the past 17 years -– Uganda unequivocally condemned all such instances of violence against children and their exploitation, including for sexual purposes. In spite of severely limited resources, the country had introduced free, universal primary education in 1997 and had seen a three-fold increase in primary school enrolment. The Government had also initiated programmes for improving primary health care, including campaigns to immunize all children against major diseases, to ensure universal access to safe water and to prevent and mitigate HIV/AIDS. The Convention on the Rights of the Child had recognized the role of international cooperation in the worldwide realization of children’s rights, and that it was essential for all actors to recognize the indivisibility of all rights –- civil, political, economic, social and cultural.
MAURICIO ALFREDO PEREZ ZEPEDA (Honduras) said the Constitution of the Republic of Honduras, in Chapter 4, stated that the State was obliged to protect children, who would enjoy the protection of international conventions on child rights. The Government had been implementing programs aimed at providing comprehensive care and a social policy that would ensure that children could enjoy their rights. Poverty had a devastating effect on children, limiting their rights, their possibilities and their futures. The Government had designed programmes and projects so that a range of opportunities was provided for all children, boys and girls, in the fields of health, education and infrastructure. The intent was to improve the situation of all, including those in marginal and rural communities, and to promote an environment that would allow children to live healthy, happy, and productive lives.
In recent years, Honduras had been confronting a series of deaths of young minors, and a Special Commission had been set up to resolve the situation. Information on the work of the Special Commission had been provided to relevant international and regional bodies, including the special mechanisms of the United Nations. The Government of Honduras did not approve of any conduct that violated the rights of its citizens, and it was searching for the perpetrators of these crimes against minors. Progress was being made, and more recent cases were being investigated. Preventive measures had been adopted to avoid a repetition of these events.
HIDENOBU SOBASHIMA (Japan) said that in June 2003, the Government had established a “Headquarters for Youth Development” to coordinate policies on youth and children. Last December, it had formulated a “National Youth Development Policy” with the implementation of the Convention on the Rights of the Child as a clearly stated objective. In May 2000, the country had enacted a “Law related to the Prevention of Child Abuse,” which placed responsibility for preventing child abuse on governments, both central and local. It had signed the two protocols to the Convention on the Rights of the Child, and the protocols had been submitted to the Diet for ratification.
Additionally, a number of awareness-raising campaigns had been launched. Externally, Japan had endeavoured to support children in need through providing around $16 million to UNICEF projects over the past year alone, including $507,000 for the Girls Education and Community Development for Awareness Raising and Prevention of Girl Trafficking in Laos project, and $473,050 for the Protection and Assistance to Trafficked Girls in Myanmar project in 2002. It had also contributed $3.64 million to the Assistance to Disarmament, Demobilization, Rehabilitation and Reintegration to ex-Child Soldiers in Liberia project, and had extended its cooperation through UNICEF for reconstruction projects in Iraq and Afghanistan.
ZHU YOUNG (China) said a lot of work had been done to realize the rights of the child, but all should be well aware that in many parts of the world, thousands and thousands of children were losing their lives every year as a result of war, armed conflicts, and various diseases. Thousands and thousands of children were suffering from malnutrition, living in abject poverty, working as child labourers, being denied access to education, or enduring sexual abuse and exploitation. These and other factors were impairing their lives and health and violating their
rights. Protecting the rights of the child worldwide therefore remained an arduous task. The international community should take the best interests of the child as the primary principle, strengthen cooperation, and take effective measures to eliminate, step by step, the root causes of the above problems.
Developed countries had the responsibility and obligation to provide developing countries with such assistance as financial resources and expertise so as to create a favourable environment for the healthy growth of children the world over. That would be a genuine action for promoting human rights. China had scored remarkable achievements in promoting and protecting the rights of the child. However, as a populous developing country, China was faced with many problems and challenges. The Chinese Government would continue its efforts to further promote the healthy growth and sustainable development of children, and was also willing to strengthen international cooperation and exchanges and to work with the international community for a better future for children.
GEORG MAUTNER-MARKHOF (Austria) said that under the framework of the Human Security Network, under Austrian presidency last year, children and armed conflict had been a central focus. Disarmament, demobilization and reintegration efforts had helped some former child soldiers to return to civilian life with their families and communities; however, many child soldiers remained in armed forces and groups, while others had been overlooked by programmes.
Girls in particular were at risk of neglect because they often played less visible roles in conflict or were stigmatised due to rape and sexual abuse. In child protection standards, as in many other areas of international law, a wide gap existed between universal standards and their implementation, between programmatic concepts and systematic responses on the ground. To bridge that gap, it was indispensable that determined efforts be made to sensitize all those confronted in their daily work in the field with the plight of children in armed conflict to the standards and best practices that should be applied in such situations.
AMARE TEKLE (Eritrea) said Eritrea was fully committed to the promotion and protection of the rights of children. Eritreans believed that healthy and educated children would guarantee the future of the nation. The Government had embarked on a preventive health care programme designed to protect children from the most prevalent diseases that afflicted children in developing countries, including malaria, polio and tuberculosis. The Government was giving special attention to the prevention of the transmission of HIV/AIDS from mother to child. The Government was also committed to the realization of the Millennium Development Goals on child mortality. It had set up an effective immunization system.
The commitment of the Government to the promotion and protection of the rights of the child was also reflected in the strong position it had taken on the issue of violence against children. That strong commitment was reflected in numerous legal provisions that had been enacted since independence and in awareness programmes that had been put in place by organizations such as the National Union of Eritrean Women. The cruel victimization of children in armed conflicts was of special significance to Eritreans whose children had suffered for more than 30 years because of the horrific destruction wrought on the country by enemy armies. Those armies were armed by external powers, both eastern and western, with the most sophisticated and lethal weapons.
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