[child-rights] Commission on Human Rights begins discussion of rights of the child

UNITED NATIONS
Press Release

Commission on Human Rights
59th session
11 April 2003
Afternoon
Special Rapporteur on Sale of Children,
Child Prostitution and Child Pornography Speaks

The Commission on Human Rights began review this afternoon of
national and international efforts to improve the situation of
children and to overcome such difficulties affecting them as armed
conflicts, poverty, sexual exploitation, child labour, and HIV/AIDS.

The Commission's Special Rapporteur on the sale of children, child
prostitution and child pornography, Juan Miguel Petit, said
international instruments must be renewed and updated and must take
into account new challenges and threats to children.

Children who were victims of sexual violence, trafficking or other
forms of exploitation must not be criminalized, stigmatized or
marginalized, Mr. Petit said. Regrettably, victims were sometimes
considered the cause of the problem and were placed in institutions
and subjected to judicial processes which only worsened their
situations. The Special Rapporteur also said countries should set up
adoption systems that were legally defined and efficient to prevent
children from falling into abusive situations.

Two countries, South Africa and France, spoke in reaction to visits
to their territories by the Special Rapporteur.

A series of national delegations then spoke, describing efforts to
promote child rights. Participating in the debate were
representatives of Pakistan, Bahrain, Argentina, Costa Rica (on
behalf of the Group of Latin American and Caribbean Countries),
Greece (on behalf of the European Union), Syrian Arab Republic, Cuba,
Mexico, China, Australia (on behalf of New Zealand and Canada),
Sudan, Libyan Arab Jamahiriya, Sri Lanka, Algeria, Uganda, Russian
Federation, Chile, South Africa, Ukraine, Democratic Republic of the
Congo, Croatia, Paraguay, India, Republic of Korea, and Viet Nam.

A Representative of Armenia spoke in right of reply under the
Commission's agenda item on civil and political rights.

The Commission will reconvene at 10 a.m. Monday, 14 April, to
continue its discussion of the rights of the child.

Rights of the Child

Under this agenda item, the Commission has before it a series of
documents.

There is a report of the Secretary-General on the status of the
Convention on the Rights of the Child (E/CN.4/2003/76). It states
that as of 20 November 2002, the Convention had received 140
signatures that were followed by ratification. As of 20 November
2002, the Optional Protocol to the Convention on children in armed
conflict had been signed by 111 States and ratified by 42 States. As
of the same date, the Optional Protocol to the Convention on the sale
of children, child prostitution and child pornography had been signed
by 105 States and ratified by 42 States.

There is the annual report of the Special Representative of the
Secretary-General for children and armed conflict, Olara A.Otunnu
(E/CN.4/2003/77). The report highlights progress on several fronts.
One important development has been the development of a list of
parties to conflicts involving the recruiting or use children, a list
currently on the Security Council's agenda. This constitutes a
significant advance in monitoring and efforts to apply international
norms and standards for the protection of children affected by armed
conflict. Two landmark international instruments for the protection
of children in armed conflict entered into force – the Optional
Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict and the Rome Statute of the
International Criminal Court. In order to assess the situation of
children affected by armed conflict, and to advocate for their
protection, the Special Representative undertook field missions to
Northern Ireland, Guatemala, Ethiopia, Eritrea, Angola, the Russian
Federation, including the Northern Caucasus, and Afghanistan. The
Special Representative urges UN human rights mechanisms, including
Commission Special Rapporteurs, to integrate international norms and
standards on children affected by armed conflict into their work and
into their recommendations with regard to country situations, as well
as in their exercise of thematic mandates. The Special Representative
urges the Commission to hear direct testimonies of war-affected
children. Finally, to effectively establish an era of application of
child-protection standards, the Special Representative urges all
commissions, committees, agencies and institutions of the United
Nations to integrate the protection, rights and well being of
children into their work in a cross-cutting manner.

There is a note by the Secretary-General on the Programme of Action
for the Elimination of the Exploitation of Children (E/CN.4/2003/78)
which draws the attention of the Commission to the report submitted
by the Secretary-General to the Sub-Commission on the Promotion and
Protection of Human Rights on the state of implementation of the
Programme of Action.

There is a report of Juan Miguel Petit, Special Rapporteur on the
sale of children, child prostitution and child pornography
(E/CN.4/2003/79). The report focuses on the legal consequences of the
sale of children, child prostitution and child pornography, and
particularly on the criminalization of child victims and recent
national policy and legislative developments intended to address
these concerns. In July 2001, the Special Rapporteur wrote to all
Governments, relevant international organizations and
non-governmental organizations to solicit information for the report,
and received 97 responses. Short summaries of the responses
containing relevant details received by 15 November 2001 have been
included. The report briefly focuses on two issues. The first is
information received by the Special Rapporteur that indicate that
illegal or coercive adoptive practices, which have the effect of
selling a child, are alarmingly prevalent, both internationally and
within domestic jurisdictions. The second issue is HIV/AIDS, which
the Special Rapporteur will continue to address in his methods of
work. There are two addenda, this first a summary of a mission to
South Africa and the second a preliminary note on a mission to
France.

Introduction of Report on Sale of Children, Child Prostitution and
Child Pornography

JUAN MIGUEL PETIT, Special Rapporteur on the sale of children, child
prostitution and child pornography, introducing his report to the
Commission, said it was important to stress that the international
system for the protection of human rights, peace, and peaceful
relations was on the decline. Massacres, genocides and attacks were a
daily occurrence. It was therefore imperative to call for the
observance of the instruments drafted to protect the rights of all
human beings, their lives, futures and freedoms. The international
community must not content itself with the current scenario of
international instruments for the protection of human rights,
including Special Rapporteurs and special procedures. These
instruments must be renewed and updated, and must take into account
new challenges.

Mr. Petit said the Optional Protocol on the sale of children, child
prostitution and child pornography had been ratified by 50 countries
and many others had announced they were in the process of ratifying
it. Children who were victims of sexual violence, trafficking or
other forms of exploitation must not be criminalized, stigmatized or
marginalized. Regrettably, victims were sometimes considered the
cause of the problem and were placed in institutions and subjected to
judicial processes which only worsened their situations. Clandestine
forms of adoption resulted in conflicts and in action by the mafia.
It was therefore important that countries set up adoption systems
which were legally defined and efficient

Mr. Petit said that as part of his mandate he had undertaken a visit
to South Africa. He highlighted the efforts made by the South African
Government to reverse decades of lack of freedom, of oppression and
social segregation, and to give impetus to the social development of
its most needy populations. Of particular concern was the high level
of social and family violence in South Africa, which was expressed in
cases of sexual violence and abuse. Many victims were young,
including babies. In some sectors of society there was a belief that
sex with minors and virgins would prevent AIDS. This belief must be
eradicated through an information and education campaign. Increased
numbers of HIV/AIDS victims constituted a major challenge for the
South African Government. The authorities had taken efforts to stem
the increase in the pandemic through information and education
campaigns. However, preventive drugs were not distributed to prevent
transmission of the disease from mother to child. Nor were drugs
distributed to those already infected with HIV.

The Special Rapporteur said he also had visited France, and the
French Government was aware of the growing problem of trafficking and
child prostitution in the country due to the alarming international
scenario of population movements within and into Europe due to
poverty and instability, and due to new mafias that considered people
as lucrative merchandise, not to mention movements cause by ethnic
and cultural clashes.

Statements by Countries Concerned in Report

YOWSWA SIBEKO (South Africa), speaking as a concerned country,
registered South Africa's appreciation of the report of the Special
Rapporteur. Since his visit had been of an exploratory nature, South
Africa looked forward to further visits in the future. It was
regrettable that the Special Rapporteur, due to unforeseen
circumstances, had not been able to meet with high-level officials as
initially planned. The Special Rapporteur was assured that this would
not happen again and that his next visit would be successful in all
respects. The decision to place the coordination of children's issues
with the Office of the President demonstrated South Africa's
commitment to the rights of the child. Children were treasures, not
only to their parents but also to society at large, as they were the
backbone of any nation. Child care and child welfare programmes
therefore had a particular significance for South Africa's national
policy formulation and implementation.

South Africa's return to the international fold and the consequent
opening up of its borders had brought with it many positive
developments. Paradoxically, this opening up had also brought with it
social evils, which, in terms of capacity, the Government was not
geared to handle. There were xenophobia and other forms of
intolerance, and the infiltration in certain areas of the country by
unscrupulous syndicates dealing in child trafficking, sex tourism,
sexual exploitation and the exposure of children to pornographic
material. In its own modest way and within its resources, the
Government was dedicated to addressing the particular situations of
vulnerability to which children were exposed. Fortunately, the
problems falling within the mandate of the Special Rapporteur were
not endemic to the whole country but confined to specific areas,
thereby allowing the Government scope to channel remedial programmes
appropriately. South Africa was a huge country with diverse cultures,
religious beliefs and practices. The majority of its people were
conservative in their cultural practices and would resist the erosion
of their cultures by the despicable practices of prostitution, sale
of children and pornography. For many in South Africa, these
practices were mind-boggling and simply just taboo. Rather than what
was recounted by the Special Rapporteur, South Africa would have
preferred a balanced view of the situation, which admittedly was not
perfect, but also was certainly not beyond redemption.

PATRICK HENAULT (France) said the French delegation had studied the
annual report of the Special Rapporteur on the sale of children,
child prostitution and child pornography, as well as his preliminary
note related to his mission to France. It was with great satisfaction
that France had hosted the Special Rapporteur last November and had
extended its collaboration. As the Rapporteur himself had mentioned,
he was able to visit places and meet with a number of people and
representatives of organizations during his one-week stay. He had
expressed the opinion that his visit had provided him with a picture
of the whole situation of the country.

The French authorities had studied with interest the Rapporteur's
remarks and recommendations on the sale of children, child
prostitution and child pornography in the preliminary note relating
to France. The Government would take the Rapporteur's recommendations
into full consideration. It had taken note of the fact that the note
would not prejudice the final report of the Rapporteur, which would
be developed and submitted during the next session. The delegation
reiterated France's attachment to the untiring struggle against the
exploitation of children and violence against children.

Interactive Dialogue on Sale of Children, Child Prostitution and
Child Pornography

A Representative of Cuba said Cuba was concerned over the constant
use of web pages on child pornography. Did the Special Rapporteur
have any plan to carry out a study to allow the development of a code
of conduct to prevent the continuation of the publication of such web
pages on the Internet?

A Representative of Canada said Canada tried to take a multiple
approach to protecting child victims of sexual exploitation. However,
in recognition that law enforcement alone could not prevent
violations, Canada was trying to mobilize the community. Could the
Special Rapporteur cite other examples of States that had taken
non-legislative measures?

The Special Rapporteur said he had noted the suggestions and comments
made by South Africa. It should be recalled that most of the sources
used for the report were Governmental sources. The Special Rapporteur
said that he did not believe that any of the information contained in
his report was false. The problem of child pornography was growing
throughout the world. There was a need for preventive action and in
many countries public opinion had been mobilized and sensitized. In
some Latin American countries, campaigns, for example, were being
carried out by children themselves.

General Debate on Rights of the Child

MOHAMMAD FAISAL (Pakistan) said crimes against children resulting in
death, disability, kidnapping, sexual abuse, torture, and forced
labour were punishable in Pakistan, with the maximum penalty,
including life imprisonment. Laws proscribing child labour were being
brought into conformity with International Labour Office (ILO)
Conventions. The engagement of children in any factory or mine or any
other such hazardous employment was also strictly prohibited under
the Constitution. The Constitution also laid down that no law could
be enacted to permit or facilitate the introduction of slavery in any
form, or forced labour or traffic in human beings. The Bonded Labour
System (Abolition) Act of 1992 abolished debt bondage and forced
labour of all forms regardless of age, sex, race, colour and
religion.

The National Policy and Plan of Action to combat child labour was in
the implementation stage. The document had been circulated to all
concerned departments in August 2000. A national survey on child
labour to assess the impact of measures taken so far was under
consideration and modalities were to be finalized between the ILO and
the Federal Bureau of Statistics. The preparatory part of the ILO's
time-bound programme for elimination of the worst forms of child
labour had been launched in August 2002, and six regional workshops
and one national workshop had been organized during which 29
hazardous occupations had been identified for the purposes of the ILO
Convention. Pakistan had taken other initiatives as well to protect
the rights of the child.

SHAIKH KHALID AL-KHALIFA (Bahrain) said Bahrain gave great importance
to the economic, social and cultural rights of children. The
Constitution and other legal provisions protected the rights of
children and guaranteed their development. The Kingdom had also been
participating in child development programmes in the region and had
been among donor countries for child development activities. Since
the country's ratification of the Convention on the Rights of the
Child, the Government had undertaken a series of measures, including
projects designed to promote and protect the rights of children in
the country. It had also implemented a number of projects to give
effect to the provisions of the treaty.

A National Commission for Children had been set up to monitor the
implementation of the treaty and to coordinate the activities of
child rights in the country. Bahrain had enacted a number of pieces
of legislation on the protection and promotion of the rights of the
child. In the health field, the Government had taken satisfactory
measures to protect the health of children and had been able to
reduce the rate of infant mortality. Bahrain's achievements in the
field of health had been recognized by United Nations Children's Fund
(UNICEF) and the World Health Organization (WHO).

NORMA NASCIMBENE DE DUMONT (Argentina) said Argentina was striving to
implement a policy in favour of children and adolescents. The policy
was intended to reaffirm the inviolability and the sanctity of human
life from conception until death and it indicated that Argentina
could not accept any measure that could be interpreted as an
acceptance or justification of abortion.

Likewise, Argentina expressed its opposition to the inclusion of
abortion or other methods of so-called emergency contraception in
reproductive health programmes. Argentina was of the opinion that
none of the recommendations contained in the Commission's resolutions
should be interpreted as derogating from parental responsibility for
the education of children.

CARMEN CLARAMUNT (Costa Rica), speaking on behalf of the Group of
Latin American and Caribbean Countries (GRULAC), said the very
highest priority was given to the rights of the child by the regional
group. In fact, Latin America had a particular interest in ensuring
the rights of the child, since all countries in the region had huge
child populations. It should be stressed that the responsibility of
States to guarantee the right to life of children entailed more that
ensuring their right to be born. In actuality, it meant ensuring
their right to live their lives in dignity. In this connection,
GRULAC countries called for the immediate end to capital punishment
of persons under the age of 18 years when they committing their
crimes. Many factors affected children's rights, but armed conflicts
certainly had especially devastating effects on children.

Only through active cooperation could the rights of the child be
achieved, and GRULAC countries aimed to continue its work along
cooperative lines. The Commission was informed that as in previous
years, GRULAC and the European Union would be introducing a draft
resolution on the rights of the child. It was an omnibus resolution
on the topic, which had at its core the provisions of the Convention
of the Rights of the Child. Operative parts focused on specific areas
where implementation could be improved. In this connection, it was
stressed that more States must sign and ratify the two Optional
Protocols to the Convention on the Rights of the Child.

TASSOS KRIEKOUKIS (Greece), speaking on behalf of the European Union
and its acceding and associated countries, said the EU supported the
work of the Committee on the Rights of the Child and called on all
States parties to cooperate fully with it, including by honouring
their reporting obligations. Enhancing promotion and protection of
the rights of the child required not only actions specifically
targeted at children, but also the mainstreaming child rights into
other activities, both at the national and international levels. The
Union considered it particularly important that all relevant organs
of the United Nations system, and in particular the special
procedures of the Commission, mainstream child rights into all
activities in the fulfilment of their mandates. The Union would also
like to emphasize the need to ensure, at the national and
international levels, adequate and systematic training in the rights
of the child for all professions involving activities concerning
children.

It was important to bear in mind that the Convention on the Rights of
the Child, which had been almost universally ratified, flatly
prohibited the imposition of he death penalty on persons below 18
years of age at the time of the commission of their offenses. The
Union appealed to all States that still retained the death penalty
not to impose it on juvenile offenders. Children continued to be
victims of many forms of sexual exploitation, such as trafficking,
prostitution, pornography, acts of paedophilia, sexual abuse and
harassment. Children were also exposed to a high risk of sexual
exploitation in situations of armed conflict. Measures should be
taken at the international, regional and national levels to combat
such crimes, starting with action to address the problem of demand.
All States should work to ensure that perpetrators were brought to
justice, while safeguarding the rights and interests of the child
victims at all stages of the proceedings.

SOUHEILA ABBAS (Syrian Arab Republic) said childhood meant humanity
and children were the hope for the future. Syria attached great
importance to education of children and to their health. Syria was
cooperating with UNICEF and the United Nations Development Programme
(UNDP). Education was free up to age 16, and children benefited from
high quality education. Disabled children were integrated into normal
schools to allow them to adapt to society. Legislation provided for
all the rights of children. Syria had also acceded to the Convention
on the Rights of the Child, and ratification of the Optional
Protocols was currently being discussed in Parliament.

Syria's report to the Committee on the Rights of the Child showed
that Syria respected her obligations in this field. In Iraq, children
were dying and were refugees as a result of war. In the Golan rights,
children also suffered immensely. And in the occupied Arab
territories, children were shot at by Israeli soldiers.

MARIA DEL CARMEN HERRERA (Cuba) said the reality facing millions of
girls and boys in the world was a nightmare. The international
community was witnessing a virtual war against children and their
rights. Poverty, famine, HIV/AIDS, illiteracy, armed conflicts,
discrimination, exploitation and violence were evils affecting every
day the vast majority of children in the so-called Third World, whose
children accounted for 85 per cent of the earth's total population of
children. According to several reports, two in every five children
from the Third World suffered from retardation, and one in every
three suffered from low weight. In underdeveloped countries, around
250 million children under 15 years of age were forced to work in
order to survive. Millions of girls and boys lived on the streets,
being sexually exploited, kidnapped or killed, or were victims of
traffickers in human organs.

Poor countries could not be blamed for so much tragedy, since they
were not the ones who had conquered and plundered entire continents
for centuries, nor had they establish colonization, slavery, or
devastating imperialism. Poor countries, on the contrary, had been
victims. For over 40 years, the Cuban people had endured the cruel
policy of economic, commercial and financial blockade implemented and
strengthened by ten successive United States administrations.
However, such genocidal practices had not been able to erode the
steadfastness of the Cuban people and the proven political will of
the Government. Cuba had reached an infant mortality rate of 6.2 per
one thousand live births; an average life expectancy of 76 years; it
had accomplished the eradication of diphtheria, poliomyelitis,
neo-natal and infant tetanus, meningitis and tuberculosis; it had a
100 per cent schooling rate in basic education; and the highest
number of teachers per inhabitants. The Cuban people continued and
would continue denouncing, at every tribune, in every international
forum, the unfair and illegal policy of the United States blockade
against Cuba, and would continue to fight until the blockade was
completely lifted.

DAVID SIMON FIGUERAS (Mexico) said the country was giving high
priority to the international consideration of the issue of children.
It actively participated and contributed to regional and universal
initiatives for the strengthening of the rights of the child. Mexico
had been one of the countries that had promoted the World Summit on
the rights of children in 1990 and it was among the first counties to
ratify the Convention on the Rights of the Child. The infant
population of Mexico was high, which necessitated action in the
fields of health and education, and efforts to combat the violence to
which children were subjected. Despite progress made in the areas of
education and health, children continued to be affected by the lack
of material development in the social and economic areas. That
situation particularly had affected children of indigenous people,
workers and those living in rural areas. Such children also were
vulnerable to commercial sexual exploitation and ill-teatment.

In December 2002, a Programme of Action 2002-2010 had been presented
by the Government of Mexico for children and adolescents within the
framework of the National Plan of Development 2001-2006, the World
Summit for Children, the Convention on the Rights of the Child, and
the Special Session of the General Assembly on Children.

GUO YANG (China) said China had always attached great importance to
the protection of the rights of the child and had formulated a series
of regulations to give effect to its concerns. China had ratified the
Convention on the Rights of the Child as early as 1991. In 2002,
China had ratified the Convention concerning the prohibition and
immediate action for the elimination of the worst forms of child
labour and the Optional Protocol of the Convention on the rights of
the child on the sale of children, child prostitution and child
pornography. The ratification of the Optional Protocol on the
involvement of children in armed conflict was currently under active
consideration.

The collective efforts of the international community had contributed
to considerable success globally in the protection of the rights of
the child. However, it must also be admitted that there were still
grave problems such as sexual abuse and exploitation of children,
child labour, the impact of armed conflicts, the harmful effects of
drugs, and the effects of HIV/AIDS on children.

MIKE SMITH (Australia), speaking on behalf of Canada and New Zealand,
said these Governments were all parties to the Convention on the
Rights of the Child and had supported both Optional Protocols to the
Convention, demonstrating their recognition of the need for enhanced
promotion and protection of children's rights in these areas. The
United Nations General Assembly Special Session on Children had
provided the blueprint for collective international action to improve
the situation of children in areas such as promoting healthy lives,
providing quality education, protecting children against abuse,
exploitation and violence, and combating preventable diseases,
including HIV/AIDS. At the Summit, Australia, Canada and New Zealand
had emphasized the particular needs of indigenous children,
especially in relation to health. They had also focused on the need
to ensure that appropriate reproductive health services and
information were available to young people, allowing them to make
informed and responsible choices. Such information and services were
an important means of combating HIV/AIDS.

Millions of children around the world continued to live in
poverty-stricken conditions, and experienced daily a lack of adequate
food, shelter and access to health and education facilities. The
continued subjection of children to the worst forms of child labour,
sexual exploitation, and their use and abuse in armed conflicts
showed how far the international community still had to go.
Development cooperation benefited children through poverty reduction
and thus helped to improve access to the basic health, nutrition and
educational services that every child needed to survive and thrive.
The Commission was informed of the initiatives taken by Australia,
Canada, and New Zealand in this regard.

CHRISTOPHER JADA LEONARDO (Sudan) said the Sudan was a large African
country of more than 500 tribes which had different languages and
dialects and ethnic backgrounds. Over the years, these tribes had
co-existed peacefully and had established local mechanisms for
dispute settlement. Despite the fact that the country had suffered a
brutal civil war in its southern part for years, relations between
these tribes had remained harmonious. Practices of reciprocal
abductions between the tribes living in the transitional zones south
and west of Sudan continued to be addressed within a framework of
local reconciliation mechanisms in the form of tribal conferences led
by civil society leaders. Unfortunately, with the exacerbation of
armed strife in the areas of these tribes, this modus operandi for
tribal conflict settlement had broken down, and practices of
reciprocal abductions had become an imminent threat to the safety of
the Sudanese people and to national security.

To uproot this abhorrent practice, the Government had taken decisive
action to investigate reports of the abduction of women and children
during tribal conflicts over grazing lands and water resources in the
transitional zones and the causes thereof, and to facilitate as a
matter of priority their safe return to their families. The practice
of abduction was a socio-economic problem in the first place,
directly associated with the development situation in the affected
areas. The Government believed that a lasting solution to the problem
lay with setting up development programmes targeting the needs of the
people concerned.

HANAN KHALED ZEGBIA (Libyan Arab Jamahiriya) said that in Libya,
children were under the care of the family and the State. Employment
of children under age 15 was a crime punishable by law.
Discrimination against children was also prohibited by law. Education
and health were guaranteed for all children. Libya attached great
importance to the Convention on the Rights of the Child and had
integrated its provisions into its national legislation.

Libya expressed concern about the violations of the rights of
children in Palestine and Iraq, where they were shot at and killed.
The violation of child rights as a result of wars, conflicts and
unilateral sanctions must be addressed. Libya therefore proposed that
the question of unilateral sanctions and measures and their effects
on children be included in the mandate of the Special Rapporteur.

E. EKANAYAKE (Sri Lanka) said the Government, having considered the
input of the National Monitoring Committee established under the
Children's Charter of Sri Lanka, had included in its proposed
Constitutional reforms special clauses relating to the rights of the
child. In 1998, action had been taken to amend the Penal Code and the
Code of Criminal Procedure Act to strengthen the child rights
protection mechanism and in particular to protect children from
sexual exploitation. Far-reaching recommendations had been made to
reform the current system of juvenile justice and those
recommendations had been receiving due consideration from the
Government. In Sri Lanka, the 20-year old conflict had displaced
thousands of children with or without their family members, while
many others had been forced to become child combatants. One could not
pursue the peace process without solving the pressing issues
affecting children.

Sri Lanka looked forward to welcoming Olara Otunnu, the Special
Representative of the Secretary-General on children and armed
conflict, to undertake a follow-up visit during the course of the
year, and it welcomed the continued concern expressed by the United
Nations regarding the issue of child combatants. The ceasefire
agreement of February 2002 and subsequent confidence building
measures undertaken by both parties had greatly contributed to the
continuing normalization of the conflict-ridden areas of the country.
It was the hope of the Government that these developments,
complemented by continued assistance and engagement by the
international community, would result in improved conditions for
those children who had been living under the trauma of conflict and
destruction for almost two decades. The people of Sri Lanka were
aware that children were the soul and the future of the nation and
were therefore committed to nurturing and protecting them.

MOHAMED EL AMINE BENCHERIF (Algeria) said the international
community's devotion to making the rights of the child a priority had
been further amplified by the adoption of the 1989 Convention on the
Rights of the Child, followed by the 1990 World Summit on Children.
Those efforts had aimed at promoting and protecting that category of
persons, the most vulnerable in society, and had culminated in the
Special Session of the General Assembly on Children. That Session had
been concluded by the adoption of a declaration and programme of
action which had fixed the objectives of evaluating the progress
achieved since the World Summit and undertaking new actions in favour
of children, particularly through the Millennium Declaration of 2000.

Currently children around the world were suffering from malnutrition
and were dying of hunger and of preventable diseases. Victims of
poverty and exclusion, millions of children, the majority of them
girls, had never seen school benches, and if they had enrolled, they
had never completed primary education.

ARTHUR GAKWANDI (Uganda) said Uganda was one of the earliest
countries to sign and ratify the Convention on the Rights of the
Child and among the earliest countries to accede to the two Optional
Protocols to the Convention. In 1990, Uganda had signed the Charter
on the Rights and Welfare of the Child and the ILO conventions
against child labour. There were two main challenges to the
protection of children in Uganda. The first was HIV/AIDS and the
second was insurgency in two northern districts of the country, where
a terrorist group had been abducting children and forcing them either
to become warriors or the concubines of the rebels.

As far as the threat of HIV was concerned, Uganda had adopted a wide
range of measures and had succeeded in bringing down the rate of
infection considerably. As far as the insurgency menace was
concerned, an agreement had been signed with the Government of Sudan
establishing cooperation arrangements to contain the rebel group,
rescue children who had been abducted and re-unite them with their
families.

E.A PANFILOVA (Russian Federation) said children were the most
vulnerable strata of society -- it was they who were the primary
victims of hunger, exploitation, armed conflict and terrorism. It was
therefore necessary to put an end to their suffering by focusing on
long standing issues related to the care of children in an
ever-changing world. The Russian Federation believed that the
Convention on the Rights of the Child needed to be strengthened. The
Russian Federation was in the process of completing its third
periodic report to the Committee on the Rights of the Child, and the
Optional Protocols would soon be placed in front of the Russian
Parliament. The fact that Olaru Otunnu, Special Representative of the
Secretary-General on children and armed conflict, had visited the
Russian Federation demonstrated the commitment of the Government to
the promotion and protection of the rights of the child.

Unfortunately, in the Russian Federation there were fertile grounds
for the exploitation of children and their involvement in
prostitution. The Special Rapporteur was thanked for his report and
its general recommendations. The situation in the Russian Federation
was largely related to the great numbers of street children and
unsupervised children. Initiatives were under way to address this
issue, and 400,000 children had already been removed from the
streets, with most being returned to their families. The Commission
was informed that a draft law had been introduced to change
provisions in Russian legislation on the protection and promotion of
child rights. This would speed up the Russian Federation's signing
and ratification of the Optional Protocol to the Convention on the
sale of children.

JUAN EDUARDO EGUIGUREN (Chile) said Chile subscribed the statement
made by Costa Rica on behalf of the Latin American and Caribbean
Group. Chile's Parliament was considering ratification of the two
Optional Protocols to the Convention on the Rights of the Child. On
23 January 2002, Chile had presented its periodic report to the
Committee on the Rights of the Child as part of its obligation to
submit periodical reports; and it had been implementing the
conclusions and recommendations of the Committee.

Thirteen years after ratifying the Convention, Chile had made
progress in the promotion of the rights of the child and had made
those rights at the centre of its development programmes. In 2001,
the Government had adopted a National Policy and Plan of Action for
children and adolescents for the period of 2001-2010. The life
conditions of indigenous children had also been improved with the
introduction of social policies in their favour. In 2002, the
Government had promoted a new public programme, "Chile Solidario",
which would help support some 250,000 families within the coming five
years. So far, 800,000 children from families affected by extreme
poverty had benefited from the programme of solidarity

YOWSWA SIBEKO (South Africa) said the Government was committed to the
principle of "a better life for all" and within this context had
embarked on programmes for the betterment of the situation of
children in South Africa. Significant achievements had been realized
in the transformation of the criminal justice system as well as in
the introduction of new and appropriate legislation on child rights.
For example, in the case of children awaiting trial, the emphasis was
now on diverting children from the criminal justice system and
protecting their rights. One significant change was that for the
first time there were more children in secure-care facilities than in
correctional facilities.

Any effective long-term solution to child labour could not be
divorced from the broader socio-economic environment. In this regard,
inequalities in income and in access to the basic necessities of
life, including for children, remained a constant challenge to many
member States, including South Africa.

MYKHAILO SKURATOVASKYI (Ukraine) said the Convention of the Rights of
the Child had almost become universal, and the entry into force of
the two Optional Protocols to this Convention as well as the Rome
Statute for the International Criminal Court had improved the
development of worldwide standards for the protection of children.
Ukraine noted with satisfaction the positive changes in the national
legislation of many countries aimed at hampering trafficking in
children, child prostitution and child pornography. There was
certainly progress, but much more remained to be done. United efforts
must be undertaken both at the international and national levels to
eliminate violations of child rights. Care for the younger generation
was a subject of special attention in Ukraine. A law on the
protection of childhood defined activities in this sphere as a
strategic national priority. A number of comprehensive national
programmes aimed at ensuring legal and social protection for children
and at creating conditions for their all-round development were being
implemented in Ukraine.

Despite considerable progress, Ukraine still continued to struggle
with a number of difficulties. The Government was particularly
concerned about children's health in the context of the Chernobyl
tragedy. Almost 2 million children had been identified as victims of
that nuclear disaster. Nowadays, almost 17 years after the
catastrophe, the country continued to face the consequences. Sixty
per cent of thyroid cancer cases in the country had been diagnosed
among those children who lived in the territories affected by the
disaster. They needed particular attention to assure their adequate
treatment and full social and physical development. Another problem
was the spread of HIV/AIDS. Its prevention was one of the top
priorities of the Government. State programmes on combating HIV/AIDS
and on preventing HIV transmission from mother to child were now
implemented. Hundreds of cases of HIV transmission from mother to
child had been being prevented. The activities of UNICEF, including
its research centre, and UNAIDS programmes in the country were much
appreciated.

ANTOINE MINDUA KESIA-MBE (Democratic Republic of the Congo) (DRC)
said that since the World Summit devoted to the rights of child and,
after having ratified in 1989 the Convention on the Rights of the
Child, the DRC had put in place mechanisms to ensure the
implementation of that important international instrument. It was
within that context that a National Council had been created,
including the establishment of a Directorate of the Protection of the
Rights of Children and a National Programme on the reinsertion of
street children.

However, the war in the county had prevented full implementation of
child rights and the social conditions of children had deteriorated.
The war had separated families had caused economic damage to parents.
On 3 April 2003, while the Commission was debating violations of
human rights around the world, rebels in Goma, supported by Rwandan
troops and in the presence of Ugandan soldiers, had confronted the
Hema ethnic group in the rich district of Ituri. As a result, a
number of persons, including children, had been killed. Despite
numerous legal provisions designed to protect and promote the rights
of children in the country, child rights had been violated on daily
basis due the war. Fifty-eight per cent of the DRC's children had no
access to education.

GORDAN MARKOTIC (Croatia) said that Croatia supported the final
document of the UN Special Session on Children: "A World fit for
All". This new global agenda underlined the necessity for renewed
political will, but also for the allocation of additional resources
to provide children with healthy lives, equality, education,
protection against abuse, exploitation and violence, and protection
from armed conflict, child labour, trafficking, sexual exploitation,
and HIV/AIDS.

Croatia had ratified the Optional Protocol on the sale of children,
child prostitution and child pornography. Looking for a holistic
approach to protecting victimized children, Croatia had set up
juvenile courts with proceedings adapted to the age and maturity of
children. It also had opened a clinic for abused children and was
drafting a precise legislative definition of domestic violence which
included sexual harassment. As a party to the ILO Worst Forms of
Child Labour Convention, Croatia advocated the elimination of all
forms of labour not adequate for children. Last year, Croatia had
submitted its second report to the Committee on the Rights of the
Child. This report contained information on new laws and amendments
adopted to harmonize national legislation with the provisions of the
Convention.

FRANCISCO BARRIERO (Paraguay) said Paraguay had a population of 5
million, out of which 41 per cent were under 15 years of age and 75
per cent of which were under 30 years of age. Since Paraguay was such
a young country, the rights of children were of utmost priority for
the Government, as well as for civil society. Programmes aimed at
bringing about an all-round improvement of the living conditions of
children in Paraguay were under way. Substantial progress had been
made in improving the national conditions of children and the youth
in Paraguay, as demonstrated in the third periodic report to the
Committee on the Rights of the Child.

In 2001, the country's Code on the Child and the Adolescent had
incorporated several new provisions, including that of putting the
interest of the child at the centre of all activities. Public
policies to promote this important sector of society were improving
daily. The Commission was informed that the Government had also
ratified the Optional Protocol to the Convention on the Rights of the
Child to do with children in armed conflicts. During the current
Commission session, the Government of Paraguay would speak to the
Special Rapporteur to organize a visit to Paraguay. One issue of
concern to the Government was child labour. Studies, research and
strategies were being developed, but the Government had met
considerable resistance to these efforts in the private sector.

PREETI SARAN (India) said millions of children around the world
remained deprived of their basic rights for various reasons, but
primarily because of widespread poverty, which robbed them of their
childhoods. The Indian Government had always considered children a
most valuable asset. Indian society through the ages had accorded the
greatest importance to the family, which formed the basic unit of
society. India had been one of the first countries in the world to
accede to the Convention on the Rights of the Child. India was proud
that its Constitution had been the genesis for the protection of
children's rights. India also had in place strong legislation,
policies and programmes for safeguarding children's rights,
especially the rights of girl children.

The commitment to children was further reflected in the Government's
intention to establish a National Commission for Children, to
safeguard and enforce the rights of the child in India. With a
renewed commitment to children, the Government was determined to
alleviate poverty, eradicate illiteracy, ensure universal education
and access to basic health services for children, break the
inter-generational cycle of malnutrition, and ensure the status and
rights of the girl child.

SANG-BEOM LIM (Republic of Korea) said children still remained the
most vulnerable members of the global community. More than 100
million children did not have access to basic education, 300,000
children were engaged in armed conflicts around the world; and
millions of children faced economic exploitation and malnutrition
daily. However difficult the situation any country faced, the rights
of children and humanitarian assistance to them must be the foremost
priority. Beyond having the basic requirements for life satisfied,
children must be provided with education that would help them shape a
positive outlook and obtain a correct and accurate historical
perception.

The issue of historical perception was of particular importance in
the relationship between the Republic of Korea and Japan, whose
histories had overlapped considerably over the past first half of the
last century. To address this issue, the Korean Japan Joint History
Research Committee had been established. It was hoped that the work
of the Committee would make a contribution to education founded on a
true understanding of the past through the dissemination of the
results of research to relevant authorities.

TRUONG TRIEU DUONG (Viet Nam) said children were the most vulnerable
people in society. Viet Nam was very much concerned about the
increasingly alarming issue of sexual exploitation and illegal
trafficking of children. As indicated in United Nations statistics,
about 700,000 to 2 million women and children around the world were
victims of trafficking per year. In addition, one must not forget the
saddening problem of domestic violence, the victims of whom were
children and women. It was high time for the international community
to cooperate and take resolute measures to prevent and put an end to
such situations.

Viet Nam therefore totally supported any initiative and further study
of these issues. The Convention on the Rights of the Child was one of
the important United Nations treaties on human rights that Viet Nam
had ratified, and it also had ratified the two Optional Protocols to
the Convention. The conversion into national legislation of
international treaties to which Viet Nam was a State party was of
high priority to the country. In 2002, Viet Nam had submitted and
presented its national report updating the relevant UN committee on
implementation of the Convention on the Rights of the Child for the
period of 1998 to 2002. Implementing child rights continued to be of
special importance to Viet Nam.

Right of Reply

A Representative of Armenia, referring to the statement made this
morning by Azerbaijan, said the Azerbaijani Representative had merely
displayed a contrary attitude over the Nagorno-Karabakh problem
rather than making an effort to resolve it. The point was not to take
the patient from one place to another; it was to cure him with the
appropriate medicine. Negotiations had been carried out to resolve
the problem involving Armenia and Azerbaijan.

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