Special rapporteur on sale of children, independent expert on violence against children present reports



UNITED NATIONS
Press Release

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SPECIAL RAPPORTEUR ON SALE OF CHILDREN, INDEPENDENT
EXPERT ON VIOLENCE AGAINST CHILDREN PRESENT REPORTS

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Commission on Human Rights
AFTERNOON 6 April 2004

Commission Continues Debate on Rights of the Child

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, the 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 the 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
Sub-Commission 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.



Statement of Special Rapporteur on the Sale of Children, Child
Prostitution, and Child Pornography, and Responses

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 fora 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?

JUAN MIGUEL 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.

General Debate on Rights of the 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 (ILO) 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.

OSCAR LEON 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 traveled 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.

SERGIO CERDA (Argentina), speaking on behalf of the Latin American and
Caribbean Group (GRULAC), 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 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 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 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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