COMMISSION STARTS DISCUSSION ON RIGHTS OF CHILD AFTER CONCLUDING GENERAL DEBATE ON WOMEN'S RIGHTS

Commission on Human Rights
MORNING
8 April 2005


Hears from Special Rapporteur on Sale of Children, Child Prostitution
and Child Pornography, Independent Expert on Violence against Children


The Commission on Human Rights this morning started its consideration of the rights of the child, hearing presentations from the Special Rapporteur on the sale of children, child prostitution and child pornography, and the Independent Expert leading a study on violence against children.

Juan Miguel Petit, Special Rapporteur on the sale of children, child prostitution and child pornography, said the theme of the report was the issue of child pornography on the Internet and it was based on the information provided by Governments and non-governmental organizations after he had sent out questionnaires. The aim of the information was to sensitize the world to the problem of the use of children in pornography on the Internet, to find a balanced definition of the issue, to suggest a means to fight it and to draw up a series of recommendations. The purpose was also to prevent children from being used as objects of pornography on the Internet. He also spoke about his country visits to Paraguay and Romania.

Paraguay, speaking as a concerned country, said the Government had an unswerving will to commit to human rights and to live up to its commitments with regard to international agreements. Mr. Petit's visit and his conclusions and recommendations were an important contribution and reference point to the efforts being made to combat child trafficking and prostitution. Some steps had already been taken in response to the recommendations of the Special Rapporteur.

Romania, speaking as a concerned country, said Romanian authorities had been glad to give the Special Rapporteur the cooperation he needed. However, the Government would have liked the report to focus more on the positive legislative and institutional changes that had been created. Many challenges lay ahead, and as recognized by the Special Rapporteur, effective remedies for the root causes of trafficking in children must be sought, in order to give policies and programmes direction.

Luxembourg, Costa Rica, Haiti, Cuba and Indonesia participated in the interactive dialogue with the Special Rapporteur.

Paulo Sergio Pinheiro, the Independent Expert appointed by the Secretary-General to lead a study on the question of violence against children, said since his report last year, he had focused on gathering substantive information in order to provide the requested in-depth, global picture of violence against children, documenting its nature, incidence, causes and consequences in the various settings in which it occurred. He had also sought information on the strategies for preventing violence against children and the responses to it, including those considered to be best practices and in particular those that had been developed by children.

The Commission heard statements from the Representatives of the following countries in the general debate on the rights of the child: Egypt, Cuba, Nigeria, Pakistan, Mexico (on behalf of the Group of Latin American and Caribbean Countries), New Zealand (on behalf of Canada, Australia and New Zealand), Burkina Faso, Ukraine, Paraguay, Qatar, Romania and Luxembourg (on behalf of the European Union and associated countries).

At the start of the meeting, the Commission concluded its general debate on the integration of the human rights of women and the gender perspective, including violence against women. It heard from a series of non-governmental organizations which raised issues such as sexual aggression against women during conflicts and related impunity, domestic violence, social discrimination, multiple discrimination faced by indigenous women, and institutionalized discrimination in developing countries, among others.

The following non-governmental organizations spoke on women's rights: International Association of Democratic Lawyers, Liberal International, Netherlands Organization for International Development Cooperation, North-South XXI, International Indian Treaty Council, International Union of Socialist Youth, International NGO Forum on Indonesian Development, United Nations Association of San Diego, African Commission of Health and Human Rights Promoters, Network of Women's NGOs in the Islamic Republic of Iran, International Human Rights Association of American Minorities and World Muslim Congress.

Côte d'Ivoire exercised its right of reply.

The Commission is holding three back-to-back meetings today. The morning meeting, which was held from 9 a.m. to noon, was immediately followed by a midday meeting which will conclude at 3 p.m. during which the Commission will continue with its general debate on the rights of the child.

Documents on the Rights of the Child

Under its agenda item on the rights of the child, the Commission has before it several documents.

There is the report by the Special Rapporteur on the sale of children, child prostitution and child pornography, Juan Miguel Petit, (E/CN.4/2005/78), which focuses on child pornography on the Internet and is based on information received from Governments, international organizations and non-governmental organizations in reply to a questionnaire sent by the Special Rapporteur. Information was received from 51 countries. The report illustrates over 70 experiences in the area of combating and preventing online child pornography. It examines the definition of child pornography in international instruments and national legislation and refers in particular to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and the Council of Europe Convention on Cybercrime, which are the two main international instruments in this area. The report notes that many countries still do not have legislation on child pornography. The Special Rapporteur recommends, among other things, that States attach criminal consequences to the conduct of each participant in the chain of child pornography, from production to possession; and that they ensure that legislation on child pornography protects all children under the age of 18. The Special Rapporteur also expresses his concern over the limited action taken so far to protect the victims of child pornography and calls for more efforts to identify the victims of abuse and provide them with assistance and compensation.

The first addendum to the report of the Special Rapporteur (Add.1) concerns his mission to Paraguay in February-March 2004. Against a backdrop of poverty and social inequality in the region and in Paraguay, the sexual exploitation of children and young persons is a fact of life. There are other serious problems related to sexual exploitation, such as sexual abuse, child abuse and criadazgo - the practice of using children to perform domestic tasks in exchange for board, lodging and, sometimes, a basic education. There is also evidence of trafficking in human beings in Paraguay. During his visit, the Special Rapporteur paid special attention to the situation in the triple-border region where Paraguay, Argentina and Brazil meet. Children without a birth certificate account for a sizeable proportion of the population. They have no identity or rights, and are vulnerable to all kinds of exploitation. Among other things, the Special Rapporteur notes that there is a lack of specialized institutions for the victims of sexual exploitation and recommends that special centres should be set up for victims, along the same lines as existing projects, which need to be strengthened.

The second addendum to the report (Add.2) is on the mission of the Special Rapporteur to Romania in September 2004. It notes some of the significant achievements in child protection in the last few years in Romania, among them the decentralization of the child protection system and a number of national action plans on child rights. Transnational trafficking is still a major problem in Romania. Poverty, social exclusion, discrimination and stigmatization are also factors and root causes of vulnerability to trafficking and sexual exploitation. Among the groups exposed to higher risks are street children, Roma children and victims of sexual abuse and domestic violence. The Special Rapporteur suggests to target these groups in particular with a combination of specific measures, such as programmes for street children and adolescents in prostitution, and structural changes such as the reform of schools with a view to ensure a human rights-based approach in the education system. He is also concerned about the persisting high level of child abandonment and invites the Government to design policies and programmes to address its causes on the basis of findings from ongoing research in this area.

The third addendum (Add.3) contains, on a country-by-country basis, summaries of general allegations and individual cases, as well as of urgent appeals and Government replies. During the period under review, from 1 January 2004 to 31 December 2004, the Special Rapporteur sent 47 communications to 30 countries and received 18 replies from concerned Governments, the report notes.

There is also the progress report of the Secretary-General on the study on the question of violence against children (E/CN.4/2005/75), which provides information on the activities carried out by Paulo Sérgio Pinheiro, the Independent Expert appointed by the Secretary-General, in order to gather information and obtain a global picture of the situation on violence against children. As part of a strategy to gather information and provoke comprehensive national consideration of violence against children in as many Member States as possible, the report notes that the Independent Expert circulated a questionnaire on the issue to Governments in March 2004. As of February 2005, 87 Governments had responded to the questionnaire, providing information on the national, legal, institutional and policy frameworks in place to address violence against children; this will lay the groundwork for the study. The Independent Expert had also paid particular attention to the information available within the United Nations system and has encouraged contributions to the study from the three main supporting entities, the Office of the High Commissioner for Human Rights, the United Nations Children's Fund, and the World Health Organization, and from other parts of the United Nations system, including the International Labour Organization. The report also notes, among other things, that the Independent Expert has sought to create linkages with regional human rights bodies.

There is the report of the High Commissioner for Human Rights on the abduction of children in Africa (E/CN.4/2005/74), which compiles information drawn from responses to requests from the Office of the High Commissioner for Human Rights (OHCHR) to relevant international organizations, OHCHR filed presences, UNICEF, UNHCR, the Office of the Special Representative of the Secretary-General on Children and Armed Conflict and non-governmental organizations. The report indicates that no responses had been received from Member States to the note verbales sent to them in August 2004. While a clear picture of abduction in Africa has yet to emerge, the report notes, challenges persist in data collection and analysis regarding the phenomenon. Greater investment is needed in awareness-raising, training, research and improved monitoring and reporting mechanisms, as is more regular and comprehensive reporting by Governments to monitoring and reporting bodies.

Under the agenda item there is also a report of the Secretary-General on the status of the Convention on the Rights of the Child (E/CN.4/2005/73). It notes that, as of 7 December 2004, the Convention received 140 signatures that were followed by ratification. In addition, 46 States had acceded to the Convention and six had succeeded to it, bringing the total number of ratifications and accessions to 192. Moreover, the Optional Protocol to the Convention on the involvement of children in armed conflict, which entered into force on 12 February 2002, had been signed by 117 States and ratified by 88 States. As at the same date, the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, which entered into force on 18 January 2002, had been signed by 110 States and ratified by 88 States.

There is another document in the form of a note by the Secretariat (E/CN.4/2005/129), which consists of a letter from the Chairperson of the Committee on the Rights of the Child with regard to the Committee's decision, adopted at its last session in September-October 2004, entitled "Children without parental care".

There is the report of the Special Representative of the Secretary-General for Children and Armed Conflict, Olara A. Otunnu, (E/CN.4/2005/77). The report notes that the establishment of a monitoring, reporting and compliance mechanism to provide systematic, reliable and objective information on grave violations against children - and to ensure action on and compliance with protection standards relating to Children and Armed Conflict (CAAC) - constitutes the central component of the "era of application" campaign. It addresses key issues and presents concrete proposals for the establishment of such a mechanism. Moreover, it identifies six grave violations that should be particularly monitored, both because they constitute especially egregious abuses against children and because they are "monitorable" practices. These are: killing or maiming of children; recruiting or using child soldiers; attacks against schools or hospitals; rape and other grave sexual violence against children; abduction of children; and denial of humanitarian access for children. The report sets out international instruments and standards that constitute the basis for monitoring and specifies the entities that should undertake the gathering and compilation of information at the country level. Particularly important, the report identifies key bodies that constitute "destinations for action", responsible for taking concrete measures in response to these grave violations against children. The key "destinations for action" are the Security Council, the General Assembly, the Commission on Human Rights, the International Criminal Court, regional organizations and national Governments, it notes.

There is also a document which contains the written submission by the World Health Organization (E/CN.4/2005/63) concerning its initiatives and activities of relevance to the agenda of the Commission's sixty-first session, including the rights of the child. It notes that at present an estimated 10.8 million children under the age of five, and close to 1.5 million adolescents continue to die each year, mainly due to causes which are either preventable or treatable. Following the adoption of the strategic directions for improving the health and development of children and adolescents by the fifty-sixth World Health Assembly in May 2003, WHO has continued unabated to support countries in reducing infant and child mortality, and to address adolescent health and development. WHO has stepped up its efforts to increase political and financial commitment among its Member States and partners, and to provide technical assistance through policy development and accessible and cost-effective interventions, the report notes.

Presentation by Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography

JUAN MIGUEL PETIT, Special Rapporteur on the sale of children, child prostitution and child pornography, said his report contained information with regard to his visits to Paraguay and Romania and his findings on those two countries. The theme of the report was the issue of child pornography on the Internet and it was based on the information provided by Governments and non-governmental organizations after he had sent out questionnaires. The aim of the information was to sensitize the world to the problem of the use of children in pornography on the Internet, to find a balanced definition of the issue, to suggest a means to fight it and to draw a series of recommendations. The purpose was also to prevent children from being used as objects of pornography on the Internet. The electronic technology had provided an opportunity to communicate, learn and participate. The web site was a free and unlimited space to navigate. That no-man's land had also been alarmingly used for child pornography. On-line child pornography was a new problem which required much attention. Many countries had been dealing with the issue through the adoption of policies, setting up institutions, and by designing legislative instruments.

Since the subject of child pornography on the Internet was a new phenomenon, initiatives should be taken to evaluate its repercussions. Specific legislation should be put in place against the crime of child pornography, and it should enumerate the kind of crimes related to child pornography. The legislative measure should help deal with the problem. The participation, production and possession of pornographic materials, as well as the technology used to that purpose, should be taken into account.

Mr. Petit said during this visit to Paraguay in February and March this year, he had observed the sexual exploitation of children and adolescents. The country had legislative norms in place, in conformity with the Convention on the Rights of the Child. The State should strengthen the capacities of its institutions and municipal councils dealing with the rights of children as a priority. The Ministry of External Relations, particularly the Direction of Human Rights, had coordinated his visit. He hoped to continue his dialogue with the officials within the context of follow-up to his recommendations. He also visited Romania in September 2004. In preparation for joining the European Union in 2007, the Government of Romania was making all efforts to reform its legislation and institutions, including those pertaining to children's rights. Measures had been taken to further promote and protect the rights of children

Response by Concerned Countries

FRANCISCO BARREIROS (Paraguay), speaking as a concerned country, said Paraguay had an unswerving will to commit to human rights and to live up to its commitments with regard to international agreements. The visit of the Special Rapporteur was a reaffirmation of this commitment. Mr. Petit's visit and his conclusions and recommendations were an important contribution and reference point to the efforts made to combat child trafficking and prostitution. Bearing in mind that the National Constitution provided for the responsibility of the State, society and parents for the protection of children, the Government had agreed on a National Plan for the protection of children in the context of child labour and sexual exploitation.

Some steps had already been taken in response to the recommendations of the Special Rapporteur. The National Security For Childhood and Youth had initiated a plan to circulate the National System for Promotion and Integrated Protection for implementation in order to have reference centres on children in a decentralised way. A significant number of municipal councils had been encouraged in this respect. The National Councils for Youth and other bodies would have assistance for victims of sexual exploitation. It was important to stress that an inter-institutional group had been set up to combat the trafficking of persons jointly with civil society. A voluminous report had already been prepared. These actions demonstrated the will of the Government to implement the recommendations of the Special Rapporteur and to maintain a frank and ongoing relationship with him.

DORU COSTEA (Romania), speaking as a concerned country, said Romania was grateful for the visit of the Special Rapporteur on the sale of children, child prostitution and child pornography, and the Romanian authorities had been glad to give him the cooperation he needed. However, the Government would have liked the report to focus more on the positive legislative and institutional changes that had been created. In particular, there should have been a more detailed analysis of the new law on international adoptions, which had provided a detailed response to a complex issue. There should also have been consideration of the positive, cumulative effect of new legislation related to the protection and promotion of children's rights and the legal regime for adoption, among others. Many challenges lay ahead, and as recognized by the Special Rapporteur in his report, effective remedies for the root causes of trafficking in children must be sought, in order to give policies and programmes direction.

Social exclusion was felt strongly by children, he stated, and Romania felt the importance of including them and their families in programmes that offered viable opportunities before they became victims of trafficking. Romania had one of most comprehensive anti-trafficking regimes in Eastern Europe, as the Special Rapporteur had recognized. All relevant ministries participated in a counter-trafficking steering committee, and relevant information had been distributed schools and training had been provided for teachers. The Government had enhanced its ability to monitor the national borders, and statistics on international migration and movement were improving. Also recognizing that it was essential to criminalize trafficking, he noted that the Prosecutor General's office had assigned prosecutors throughout the country to work specifically on trafficking and related crimes. Border guards had been given procedural guidelines for addressing problems. Moreover, the Government had provided police protection and refugee shelters for victims. Foreign and domestic victims were provided support services, including rights presentations and legal assistance. Romania would continue to undertake constant improvement in policies for the protection of children and other vulnerable groups from trafficking.

Interactive Dialogue

JACQUELINE RIPPERT (Luxembourg) said the report pointed out the global problem of child pornography on the Internet, which required a global solution. There were promising signs of international cooperation on this, but mechanisms were needed to strengthen country cooperation. Could the Special Rapporteur help countries to adopt legislation for combating this phenomenon and share best practices? Did aspects such as Internet crime require efforts on a global level? For the victims of child pornography, were there any good practices that could be recommended?

LUIS VARELA QUIROS (Costa Rica) said the Special Rapporteur had basically focused on Internet pornography, and had said that it had created unprecedented opportunities for sexual offences harming minors. The use of children in Internet pornography was a global problem requiring response from various sectors, including at the national level. This was a serious phenomenon, and Costa Rica was working to endow its organs with the capacity to combat this crime. The importance of the free movement of information on a responsible basis was encouraged, but legal restrictions should be ensured to avoid the criminal misuse of this new technology which could have negative consequences and facilitate the commission of such crimes. How could cooperation between developing and developed countries strengthen capacity to combat this crime, as developing countries did not necessarily have the technology? There was a need for innovative international cooperation for this. What type of actions would the Special Rapporteur propose to raise awareness?

PIERRE CLAUDY (Haiti) said the report showed the different national legislations involving children for sexual exploitation and suggested this went over national borders. There was no exception regarding cyber-pornography nationally, even in countries where the Internet was not used much, as sexual tourism and child prostitution existed all over the globe. Regarding the sexual exploitation of children, how could countries cooperate so that sex tourism and child pornography were combated effectively?

RODOLFO REYES RODRIGUEZ (Cuba) said on the basis of the information and work done in the past year, what had been the basic trends in respect of abuse of children concerning the use of their organs and the trafficking in children for this purpose and others. Could the Special Rapporteur identify any trends on this phenomenon and could he confirm that it had increased?

JONNY SINAGA (Indonesia) said many initiatives in the way to prevent online child pornography existed, but no country was free from these kinds of activities. Aside from legislative measures what could be done to prevent online child pornography and combat it, so that the protection of children could be well-conducted? What were the possible concrete practices that could be implemented by States?

JUAN MIGUEL PETIT, Special Rapporteur on the sale of children, child prostitution and child pornography, responding to the comments and questions, said he wished to thank the Governments of both concerned countries for having accepted his reports, and for having taken account of his recommendations and comments. Regarding Internet child pornography, he stressed that the scope of the phenomenon was just being discovered, and methods of preventing and detecting it were still being explored. The international community was still far from knowing what led individuals to consume such material, or what kind of therapy could be used for the perpetrators or victims of this behaviour. Therapeutic responses for supporting abused children had already been developed, and it was on that basis that the new response was likely to be developed.

An aspect of the issue that required much more work concerned the technological side -- software and hardware -- including as it related to the contents of web pages and the prevention of the phenomenon, he noted. Moreover, a whole array of measures related to security, monitoring and police vigilance also needed progress, including for improved training of police officials and increased monitoring and vigilance. Education for improvement of citizenry skills, and to help individuals develop healthy personalities, should also be undertaken. Finally, he said, the emptiness caused by poverty, and which affected both abusers and victims, must always be considered. The building of civil awareness, with principles of democracy and freedom, remained of fundamental importance.

On the subject of trafficking in children's organs, he said this had been a source of constant concern since the beginning of his mandate. There were a number of versions of the story of children on a big ranch, who had been abducted for the purpose of harvesting their organs, which had been heard from Latin America to Africa, but they had not been verified as fact. The international community must remain alert; these were unconfirmed allegations that must be investigated. Often people worked on the basis of urban legends, and there had been various incidents of that kind. There had been harvesting of children's organs for rites for certain sects and religious groups, and these practices had been condemned.

Presentation by Independent Expert Leading a Study on the Question of Violence against Children

PAULO SERGIO PINHEIRO, Independent Expert appointed by the Secretary-General to lead a study on the question of violence against children, said since his report last year, he had focused on gathering substantive information in order to provide the requested in-depth, global picture of violence against children, documenting its nature, incidence, causes and consequences in the various settings in which it occurred. He had also sought information on the strategies for preventing violence against children and the responses to it, including those considered to be best practices and in particular those that had been developed by children. The contribution of treaty bodies and special procedure mandate holders had been particularly important, and analyses of concluding observations of the various treaty bodies and the question of violence against children had been completed by the Office of the High Commissioner for Human Rights.

There were regular engagements with the Committee on the Rights of the Child, and Committee members were also engaged in regional consultations which were being convened to raise awareness of the problem of violence against children and to provide impetus to the study. All special procedures mandate holders had been asked to participate in the regional consultations and to establish linkages between their work and the study report. Synergies had also been sought with regional human rights bodies. El Salvador, Guatemala and Honduras had been visited with the purpose of collecting information on the situation of children and adolescents in conflict with the law, especially those involved in youth gangs.

The situation of children and adolescents in conflict with the law was a central concern for the study. Among the insights gained was that exclusively repressive measures could not only be ineffective, but also counterproductive. In discussions with teenagers and young people, it had become clear to the Independent Expert that their lives were usually marked by overlapping experiences of deprivation of rights. In order to address this particular problem and break the cycle of violence, a more efficient justice and security system should be created that was also transparent and accessible. Reliable data was also required to plan policies and evaluate their impact; it was also crucial to continuously sustain comprehensive public policies that addressed the root causes of violence and to design well-focused preventive measures.

Three main supporting entities for the study - the Office of the High Commissioner for Human Rights, the United Nations Children's Fund and the World Health Organization - had agreed on the modalities for cooperation in support of the study, and had established a coordinating committee. National, sub-regional and regional consultations were a core element in the preparation, and would ensure broad and extensive inputs, as well as establishing linkages and promoting dialogue. These consultations would have a crucial role in consolidating follow-up to the study findings and recommendations and galvanising political will. Although each regional consultation had its specific nature and outcome according to the major concerns of the region, a number of topics were addressed by each. It was hoped that this process would not only provide an in-depth perspective of the problem of violence against children, but would elaborate practical and implementable recommendations which would prevent and respond to this most profound of violations of the basic human rights of children.

General Debate on the Rights of the Child

TAMIM KHALLAF (Egypt) said the relevant international instruments, including the Convention on the Rights of the Child, had been fully implemented by the Government of Egypt. A number of measures had also been taken to uphold the rights of children. Egypt was among the few countries that had ratified the Optional Protocols to the Convention on the Rights of the Child. The Government cooperated with the international organizations in the implementation of the rights of children. It periodically submitted its reports to the Committee on the Rights of the Child. The National Council for Children had been established in 1998 to deploy further efforts in the promotion and protection of the rights of children. The Council supported both children and mothers. International organizations had been participating in the work of the Council. Among other things, the Council was dealing with children with disabilities, providing them the opportunities to be integrated in the society through education and employment. Measures were also taken to prevent any discrimination against children with disabilities. One of the highest achievements of the Council was its efforts to encourage the education of girls.

The issue of children occupied a priority place for Egypt. The Government periodically reviewed and amended its legislation concerning children with the view to provide them with better conditions. Palestinian children were suffering from the Israeli occupation and its practices. Children were dying in their mothers' wombs because of the Israel practices. Israel should respect the rights of children and mothers and abide by the relevant international norms.

RODOLFO REYES RODRIGUEZ (Cuba) said the problems affecting the rights of the child would not have a definite solution if the roots of the causes originating them were not dealt with. These causes were basically the result of the unjust international order where the gap between the rich and the poor increased every day. The difficulties faced by children for the full enjoyment of their rights was not limited to the topics discussed today; on the contrary, these were just a small fraction of the pandemics affecting the vast majority of children in the world: poverty, lack of food and of health care, among other evils, killed millions of children.

While the eradication of world poverty and development goals had not been achieved due to the drop in funds, increased military expenditure in the world amounted to the astronomic figure of 950 billion dollars. In order to achieve the goals set forth as part of the Millennium Development Goals, developing countries needed additional external resources of approximately 50 billion dollars, i.e. 5.3 per cent of the world's military expenditure. The Commission could not ignore these injustices; it had to steadfastly and radically tackle them if it really wanted to protect the human rights of children. The huge resources humanity had could not be used only for the production of bombs, tanks, aircraft which killed innocent civilians, including many children. Cuba would continue to contribute to the global work for the defence of the rights of children.

E.A. OGUNNAIKE (Nigeria) said that children had been among the principal victims of the combined political, social and economic crises that had confronted Nigeria in recent years. Long years of military rule had made it impossible for Nigeria to give the necessary attention to children's rights; however, the return to democratic governance and civil rule in 1999 had raised hope for a new beginning, as the democratic dispensation had created a positive and conducive programming environment for children. Thus, Nigeria had made serious efforts to address children's interests, as the country's sustained development and prosperity depended largely on the way children were nurtured from childhood to adulthood.

Among the legislative framework adopted to address children's rights, he cited the 2003 Child Rights Act, the 2003 Trafficking in Persons (Prohibition) Law Enforcement and Administration Act, the 2000 Cross River State Girl-Child Marriages and Female Circumcision (Prohibition) Law, and the 1988 Bauchi State Hawking by Children (Prohibition) Edict. In the last decade, there had been a rapid increase in trafficking of children within and across the country's borders, mainly for menial work in heavily immigrant dependent economies in Africa, and for prostitution in Europe. The Government had signed agreements with foreign receiver countries to expedite the repatriation of Nigerian children illegally transported to foreign countries, and measures had been put in place to reunite these children with their families and to ease their reintegration into society.

FAISAL NIAZ TIRMIZI (Pakistan) said children constituted 48 per cent of Pakistan's total population, out of which 68 per cent were in the rural areas. As a State party to the Convention on the Rights of the Child, Pakistan was committed to protecting the rights of children and to creating propitious conditions for them. The National Commission for Child Welfare and Development, District Commissions for Children Welfare and Development, Child Rights Cells, Orphan Homes, and Child Protection and Welfare Bureaus were key institutions in the country dedicated to child welfare. The Supreme Court of Pakistan had restored the Juvenile Justice System Ordinance 2000. The legal force of that Ordinance remained intact. Children were a special focus of the poverty alleviation drives in the country. The Pakistan Bait-ul-Mal was providing financial assistance to children in 83 non-formal education centres and vocational schools. As an incentive for parents to focus on the education of the girl child, the Government had in place a nutrition programme in 5,300 girl schools in 29 least developed districts of Pakistan. The objective was to have a nation with healthy and literate girls and women.

Child and bonded labour issues had been effectively addressed in national policy and action plan 2000. Pakistan was engaged with the ILO for the prevention and elimination of child labour. The Employment of Children Act 1991 prohibited child labour. The Bonded Labour System act 1992 prescribed punishments with imprisonment as well as fines for employing children. Inspections mechanisms were in place to stop employment of children. The private sector was actively engaged in eliminating child labour through joint ventures with international partners. Special efforts were being made to prevent drug abuse in children. Several ministries were involved in those efforts.

JOSE ANTONIO GUEVARA (Mexico), speaking on behalf of the Group of Latin American and Caribbean Countries (GRULAC), said Latin America and the Caribbean was, before all, a young continent, and the boys and girls of today were the best hope for the future, a future which should be built both with them and for them. The Convention was the prime international instrument which was legally binding and incorporated the full range of human rights and consecrated the principles of non-discrimination, supreme interests of children, the right to life and the right to freedom of opinion. However, it was not enough to remedy the critical situation which had deleterious effects on millions of children and young people. It was crucial to continue to move forward on this issue by strengthening protections and by installing new instruments and additional protocols to the Convention.

The countries of GRULAC would continue to support all efforts. They understood that combating poverty and education in the field of human rights was vital. To guarantee the right to life was to protect this right to live in dignity. Poverty had dramatic consequences on the future, and this scourge could only be fought through appropriate levels of development, to reverse the effects of poverty that victimised thousands of children. It was vital to integrate these rights through national poverty strategies. It was important to adopt measures to ensure that the rights of the child were included in education plans, curricula, and all levels of teaching, and that they contributed to ensure the visibility of those under 18 and to change negative and discriminatory attitudes towards them.

All delegations were appealed to for the proposed resolution to pass by consensus. This year should be an opportunity to ensure effective implementation of the Convention as well as of the Millennium Development Goals as they related to children.

NICOLA HILL New Zealand, speaking on behalf of Canada, Australia, noted that the Convention on the Rights of the Child was the most widely ratified of the six core human rights treaties, with 192 parties, including non-United Nations members. This support constituted a potent demonstration of Governments' commitment to the protection and promotion of children's rights. All States should ratify the Convention to make it the first, truly universal human rights treaty. Recalling that it had been agreed that the best interests of the child should provide the basis for all actions concerning the child, and that the family should be afforded necessary protection and assistance to assume its responsibilities to ensure the growth and well-being of all its members, she said that there was special concern for children living without family support. Millions of children worldwide faced abject poverty, hunger, malnutrition, and exploitation -- many without adequate support from their families, communities, or States. The HIV/AIDS pandemic, armed conflicts and other trends were creating generations of orphans. All States should work to put children first in their policies and programmes, and the Committee on the Rights of the Child should develop guidelines, in consultation with Member States, in that respect.

The global problem of violence against children must be a major force for future deliberations on the rights of the child, he said. Violence against children continued to be an area of concern for New Zealand, Canada, Australia and New Zealand. Domestic violence, in particular, was not a private issue, but a human rights concern that must be eradicated from society. As sponsors of the omnibus resolution on the rights of the child, the four countries expressed concern over its unwieldy length and detail. There should be a focused, responsive and effective resolution to propel the debate forward and achieve concrete advances in children's rights all over the world. Expressing support for the work of the Committee on the Rights of the Child, as well as for work on monitoring violations of children's rights in armed conflict, and the continuing sexual exploitation of children, she said that the perpetrators of crimes related to the sale of children, child prostitution and child pornography must be prosecuted.

ALI ABIBATA SANOU (Burkina Faso) said that 49 per cent of the population of Burkina Faso was made up of children below the age of 15 years. For that reason, her Government attached great importance to the rights of children. Burkina Faso had put in place a legal framework favouring the well-being of children. The Constitution guaranteed the equality of children and their obligations in their relations with their families, it guaranteed the right to life of each child, and all the rights enshrined in the Convention of the Rights of the Child, which the country had ratified in July 1990. The Government had also ratified in 1992 the African Charter on Rights and Well-Being of Children. Burkina Faso was solemnly committed, without any reservation, to promote and protect the rights of children and submitted its periodic reports to the Committee on the Rights of the Child. Since 2000, the Government had been struggling against trafficking in children, in partnership with United Nations agencies, nongovernmental organizations and civil society.

In 2004, Burkina Faso had signed an agreement with Mali on trans-border trafficking of children, in order to have a common monitoring system between their borders. During 2000 and 2003, 1,710 children had been intercepted between the borders. Since 2004, the Government of Burkina Faso had undertaken measures to elaborate a code of child protection, which would allow the evaluation of the existing child protection systems with the view to strengthening them. Burkina Faso would like to renew its commitment in strengthening its cooperation with international partners working for the well-being of children.

VOLODYMYR VASSYLENKO (Ukraine) said the promotion and protection of the rights of the child worldwide was a paramount task and challenge for the international community in the twenty-first century. Accomplishing this required fulfilment of the Millennium Development Goals, and this could only be accomplished by common efforts of all Member States. Unfortunately so far the international community had failed to demonstrate enough progress in safeguarding the most basic rights of children: their rights to life and education. Their rights continued to be grossly violated as they suffered physical and psychological cruelty at home, were dragged into armed conflicts, and trafficked or sexually abused or economically exploited. Children belonged to the most vulnerable group suffered from poverty, diseases, natural disasters, conflicts and terrorist attacks. Urgent and effective actions to protect children were required at both the national and international levels.

Putting an end to impunity for crimes against children and prosecuting the offenders was among the most important measures to be taken in the framework of domestic jurisdiction. More international pressure had to be exerted on conflict parties using child soldiers. Another disgusting aspect of the issue was illegal adoption, trafficking and sexual exploitation of children, and experience suggested that these forms of abuse were on the rise. A matter of particular concern for the Ukraine was taking care of children's health in the context of the aftermath of the Chernobyl disaster, and it would be grateful for all possible international cooperation in this regard. Children deserved to be at the heart of the agenda of the Commission, and should be a central focus of everyday efforts at national and international levels.

RAUL MARTINEZ Paraguay, speaking on behalf of MERCOSUR and associated countries, said the issue of children's rights remained of high priority on the agendas of MERCOSUR's Member States. Noting the entry into force of the additional protocols against child soldiers and the sale of children, child prostitution and child pornography, he nevertheless stressed that these remained insufficient entirely to remedy the critical situation affecting the lives of children. Issues of poverty, discrimination and the right to a healthy environment during childhood must also be addressed. For example, the social exclusion faced by children living in the poorest conditions made them more likely to be exploited or trafficked or otherwise face violence. The members of MERCOSUR had agreed that violence against children should be firmly condemned by the international community, and maintained that a new protocol should be elaborated to delegitimize all violence against children, whether used as a method of sanction, correction or punishment.

The programmes and policies adopted to combat discrimination should take into account the two-fold aspect of discrimination against children, he continued. Children that belonged to the most vulnerable groups were even more vulnerable to discrimination than adults. However, it was amongst children that education for tolerance also had the best chance of being effective. To combat discrimination, MERCOSUR had been the first to carry out an assessment meeting on the results of the Durban conference. Indigenous children, children of African descent, migrant children, refugee children and indigenous children had been acknowledged as deserving priority action. MERCOSUR also attached particular importance to the issue of education and health for children. The World Health Organization and United Nations Environmental Programme had taken steps in this area, and the special vulnerability of children to pollution and hazardous chemicals should be considered.

SHEIKHA ALIA AHMED SEIF AL-THANI (Qatar) said Qatar was witnessing an accelerating development so far as the protection of the rights of children was concerned. In that framework, the Supreme Council for Family Affairs had taken the initiative to create a National Commission aimed at studying guiding strategies to combat trafficking in persons. Therefore, the Council of Ministers had established a National Commission in January 2004, supervised by the Supreme Council for Family Affairs. The Commission, chaired by Ghalia Bint Mohamad bin Hamad Al-Thani, member of the United Nations Committee on the Rights of the Child, included all concerned bodies in the State of Qatar. The Commission had succeeded in preparing a draft law currently under legal procedures before its issuance, which prohibited the use of children, their training and employment in camel races. Qatar was one of the first States to submit its national report about the fulfilment of procedures mentioned in the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

Qatar believed in the importance of coordinating and collaborating with international organizations concerned with child issues. For that reason, the Supreme Council had organized with the collaboration of the Office of the United Nations High Commissioner for Human Rights a series of training workshops for the purpose of raising awareness of child rights among people working with children. In the educational sector, the Supreme Council worked closely with concerned bodies as well as with UNESCO to disseminate child rights education in public schools, and producing national educational materials, which linked between principles stated in the Convention and Islamic principles.

DORU COSTEA (Romania) said the attention of the Commission should be drawn to a matter of utmost importance: in the Eastern region of the Republic of Moldova (also known as Transdniestria), the separatist administration in place had resorted to illegal and dangerous practices which amounted to a campaign aiming to deprive children of their basic right to education. It was obvious that this particular frozen conflict at the boundaries of Europe proved to be alarmingly unstable from the human rights perspective. The list of basic rights and fundamental freedoms infringements by this illegal separatist administration was long and totally unacceptable.

The long process of reaching a lasting settlement of the conflict in the region did not fall under the mandate of the Commission, but it was in the mandate to strengthen on a world-wide scale the respect for human rights and fundamental freedoms. The United Nations High Commissioner for Human Rights and other humanitarian agencies should intensify their efforts to prevent the separatist administration from violating children's right to education.

DANIELA GREGR Luxembourg, speaking on behalf of the European Union and associated countries, said three years had passed since the General Assembly's special session at which the international community had promised to create "A World Fit for Children". The basic principles outlined there – giving priority to the interests of the child; eradicating poverty; fighting discrimination; protecting the life of the child and his/her access to health, education, protection from exploitation and violence and war, protection of the child from HIV/AIDS, participation of the child, and protection of the environment – were still far from being achieved. The Convention on the Rights of the Child and its two Optional Protocols must constitute the standard for protection and promotion of children's rights; to be truly effective, they must be universally ratified. Welcoming the Committee on the Rights of the Child's efforts to reform its working methods, she noted that the European Union was submitting a draft resolution on the risks against which the international community must protect children. They included discrimination, violence, abduction, poverty, forced labour, prostitution, trafficking, and war. The draft also emphasized the right to health and education, and considered the needs of girls and vulnerable children.

Two specific problems warranted focused attention, she stressed: children in armed conflict, and children in poverty. Although the estimated number of child soldiers and children associated with armed groups and forces had fallen from 380,000 to 300,000 over the last 18 months, a worrying gap in prosecution for atrocities against children on the ground continued to exist. A systematic and global mechanism for surveillance, information transmission and corroboration must be established to obtain systematic, reliable and exact data on violations of children's rights as a result of armed conflict. There must be particular focus on surveillance and information transmission processes, the situation of girls, gender-based violence and access of humanitarian organizations to children. Impunity must immediately be put to an end. For its part, the Union had adopted guidelines on children and armed conflict following consultations with the Special Representative of the Secretary-General, and had embarked on a series of political, diplomatic and financial initiatives to strengthen European cooperation in this field.

Regarding the issue of extreme poverty, she said this was a scourge that compromised the future of children in yet far greater numbers. Children living in poverty risked deprivation of their rights to survival, education, health, nutrition, participation, and protection from violence, exploitation and discrimination. More than one billion children currently lived without one or more of the basic elements to survive, grow and develop. Millions of children were deprived of nutrition, water, sanitation facilities, access to basic healthcare services, adequate shelter, education and information. It was also well known that poverty exacerbated the risk and effects of HIV/AIDS and armed conflict. The special importance given to framing development aid policy was a transversal theme that the European Union sought to integrate in all policy areas. An internal review was currently being conducted to review how best to reform development aid policy.

General Debate on the Integration of the Human Rights of Women and the Gender Perspective

CHUSLSU SEONG, of International Association of Democratic Lawyers, said several resolutions and recommendations had been adopted over the last few years to resolve the issue of Japanese sexual slavery. The Japanese Government had taken no measures to resolve this issue. Japanese ministers and politicians took the lead in embellishing the crimes and taunting the victims. The ruling party of Japan had covered up the crimes and avoided responsibility, ensuring that the term "comfort women" was deleted from all school textbooks. The surviving women were appealing to Japan to acknowledge its crimes, so that they could live in honour. The Commission should ensure that Japan lived up to its responsibilities and took serious measures against distorting history and dishonouring the victims.

FRANK CALZON, of Liberal International, said that on International Women's Day, the Cuban leader had made a three-hour speech, during which he had announced that pressure cookers would be distributed to Cuban women. On a day on which women's achievement in the professional, artistic, political and cultural spheres were being celebrated, the Cuban President had sent a clear message to the women of Cuba: their place was in the kitchen. The kitchen, and the ever-limited ration card, was the cause of daily desperation for Cuban mothers, especially as Cuban society had increasingly become divided between a small, privileged governing elite -- who received remittances from relatives abroad -- and the majority of Cubans, who endured hunger and hardship on a daily basis. The supply of food was not the only worry for Cuban women either; Cuban women continued to see their children sent to "country schools", where the young were forced to work long hours in the fields. Independent women's organizations had been prohibited, while the Federation of Cuban Women was controlled by the Government, and served as an instrument for the coercion and control of Cuban women. More and more women were also forced into prostitution, as a means of earning hard currency to obtain clothes, soap, and food. Cuba's shortages could not be blamed on the United States embargo. Moreover, the low statistics of infant mortality in Cuba seemed to portent a high level of medical care; yet the factor of forced abortions was not addressed.

EPI NARTI, of Netherlands Organization for International Development Cooperation, said from the implementation of martial law in May 2003 until today, violence against women was still taking place in Aceh. Today, Aceh was still under civil emergency status, and abuses and violence against women continued unabated. Elsewhere in Indonesia, the situation was similar. Impunity seemed to have become a cultural norm. The earthquake and tsunami on 26 December 2004 left hundreds of thousands of Acehnese dead or mission, as well as almost half a million displaced from their homes. Despite the international presences and calls for an end to the conflict, women continued to be subjected to the same violence they had experienced before the tsunami, compounded by the greater vulnerability of displacement. Women were also subjected to rights violations in their own homes.

SOUHILA ZITOUNI, of North-South XXI, said the attention of the international community should be drawn to the situation of women in Equatorial Guinea, and the violence perpetrated against them. This violence was institutionalised by the Government. Women suffered from domestic violence and social discrimination. This violence was conditioned by the repressive regime, and women today were considered as an object of pleasure, or merchandise in a lucrative process of prostitution and trafficking, in particular towards Spain. The oppression suffered by the people of that country was first and foremost suffered by the women, then by children. It was urgent to act today to put a stop to this violence that had been going on for more than three decades, and for the Commission to send a mission to Equatorial Guinea and to appoint a new Special Rapporteur to follow the situation.

SARA MENDOZA, of International Indian Treaty Council, said that indigenous women faced grave situations of violence and torture, institutional oppression, intimidation, legal indifference, displacement, gender-based violence and rape. As States continued to ratify conventions, which set standards against violence, and to increase participation of women, an alarming number of indigenous women leaders and activists continued to suffer. The International Indigenous Women's Forum Declaration, issued at the ten-year review of the Beijing Conference, affirmed indigenous women's knowledge about the struggle against poverty and creating strategies for sustainable development. It had been recommended that the second International Decade for the World's Indigenous People include a special focus on indigenous women. All human rights mechanisms should pay particular attention to the problems faced by indigenous women, and the draft Declaration on the Rights of Indigenous Peoples should be ratified.

OUBBI BOUCHRAYA, of International Union of Socialist Youth, said the Union had received a letter from Ms. Aminetu Haidar, the human rights activist in the occupied territories of Western Sahara, who was registered by many international organizations as a former disappeared prisoner of conscience. The Moroccan authorities had denied her the right to travel abroad by confiscating her passport. She had been supposed to deliver a statement at the Commission. Ms. Haidar was born in 1967 in Western Sahara when it was still under the Spanish administration and before the brutal Moroccan invasion of the territory, which took place in 1975 in blatant violation of United Nations resolutions and the peoples' right to self-determination. That occupation, which continued to date in contravention of international law and conventions, had been carried out to achieve one sole objective: to annihilate the Sahrawi people at any cost, and it was little wonder, as she represented a living testimony to the brutality of such an illegal and barbaric occupation.

MOHAMMAD CHOIRUL ANAM, of International NGO Forum on Indonesian Development said the tsunami had created new problems for the women of Aceh, even as longstanding human rights violations related to the conflict continued. The women of Aceh frequently became targets of violence, even those not involved in the conflict. A victim often experienced more than one form of violence. At the same time, the Government had begun implementing Sharia law, and this had been done in a way that did not protect women's ability to participate in social and political life. The report of the Special Rapporteur on Violence against Women had highlighted several cases, but the Government had not taken any concrete steps to resolve these. The international community should urge Indonesia to peacefully resolve the conflict, pull all military forces brought from outside, review the implementation of Sharia law in Aceh, involve women in the formulation of policy on relief and reconstruction, and ensure the rehabilitation of female victims of violence.

LILIAN ZHENG, of United Nations Association of San Diego, said the Association continued to be concerned by China's treatment of female Falun Gong practitioners. Those women had chosen only to exercise the rights recognized by the Universal Declaration on Human Rights, yet they were subjected to torture, disfigurement, sexual violation, nerve-damaging chemicals, and forced abortion. A large number had been tortured to death. This persecution had continued for more than 5 years. In response to this persecution, seven Special Rapporteurs of the Commission on Human Rights had sent a joint letter to China, expressing concern at reports of systematic repression of the Falun Gong. Few actions by the Commission's special mechanisms were more potent than joint appeals and joint letters by Special Rapporteurs, yet, the Chinese Government had still tortured to death two Falun Gong members, who had been the subject of this appeal. These killings constituted direct expressions of contempt for the mechanisms established by the Commission, and should not be tolerated. The Office of the High Commissioner for Human Rights should react to this grave situation, including by assigning a Special Rapporteur.

DJELY KARIFA SAMOURA, of African Commission of Health and Human Rights Promoters, said he condemned violence perpetrated against women in Côte d'Ivoire. The violence had left a deep indignation in the minds and bodies of women and the population. The prosperous economy had been destroyed by the conflict and the chiefs of hatred and division. The conflict had had a devastating effect on the wealth of the country, thus impoverishing women as well as the entire population. Côte d'Ivoire had been an example for peace and dialogue for the rest of the world, and now it found it hard to continue as such because of the hatred and division. On behalf of the female victims, his organization stood against physical, psychological, political and economic violence. A society, which should guarantee the fundamental rights of women, should be reconstructed. Women had built the country's society. The Commission should support the mediation being carried out by South Africa.

SOUSAN SAFAVERDI, of Network of Women's NGOs in the Islamic Republic of Iran, said the international community should adopt a multifaceted and holistic approach to monitoring violence against women, which would allow different forms of violence such as honour crimes, female genital mutilation, pornography and prostitution to be identified. Violence was experienced by women all over the world in different forms in family and social life. Due to factors such as age, gender, language, race, ethnicity and culture, women were subjected to sexual and physical abuse, domestic violence, emotional abuse and sexual slavery and trafficking. The following processes were crucial to the realization of the goals set out in the Beijing Declaration and Platform for Action: establishment of national institutions for effective monitoring of gender justice; planning of comprehensive human rights education programmes and information provisions for women and families; correction of traditional patriarchal beliefs and traditions; removal of discriminatory laws and monitoring corrective application of the law; support for victims of violence; expansion of research and studies to improve women's situations; and strengthening of women's civil and political rights. The international community should also stop the violence used against the women and children of Iraq.

SALMA AKBAR BUKHARI, of International Human Rights Association of American Minorities, said violence against women constituted a grave violation of basic human rights and was an obstacle to the achievement of equality, development and peace in the society. The States, therefore, had a solemn obligation to devise legal and administrative measures for the protection of women rights and to complement them with policies aimed at the socio-economic welfare of women and their empowerment. Despite a strong emphasis on women rights in the international human rights law, particularly in the Vienna Declaration and Programme of Action and in the Beijing Conference, women in the areas of armed conflicts, especially the areas under foreign occupation, not only remained deprived of their basic human rights but also became a frequent target of violence and repression. Civil society organizations and international media had documented the brutal crimes of the Indian forces against Kashmiri women.

SHAH GHULAM QADIR, of World Muslim Congress, said rights of women could not be over-emphasised, as women made up half of humanity. The international community and the Commission needed to enhance focus on the real issues confronted by women and girls in the world. Special attention needed to be paid to the situations where women were excessively vulnerable with a view to suggest measures for effectively addressing them. India, which portrayed itself as a beacon of secular and liberal democracy, was in fact the worst violator of human rights, particularly women's rights. In almost all areas under its domination or occupation, women were subjected to discrimination, which was encouraged, promoted and sponsored by State functionaries. In Jammu and Kashmir, women were the deliberate target of atrocious measures executed in the name of counter-insurgency operations. The caste-based system remained a source of discrimination and plight. The Commission should undertake a study for an action plan to eliminate the impact of caste-based violence and discrimination against women.

Right of Reply on Women's Rights

BRUNO WALLE (Côte d'Ivoire), speaking in exercise of the right of reply, said he was responding to the allegations made by a non-governmental organization yesterday afternoon, which had claimed that women in Côte d'Ivoire had been subjected to all types of horrors, without specifying the perpetrators of those horrors. That was tendentious, and misleading. Since the country had been attacked last year, there had been the republican institutions on one side, and the rebels -- who had undermined the social cohesion of the country and made women and children the targets of attacks -- on the other. In several instances, women had been forced to witness the shooting of their husbands by the rebels, and dozens of young girls had been subjected to the most degrading sexual torture, repeatedly raped or gang raped. Many had now been condemned to die by HIV/AIDS infection. Pregnant women had had their stomachs ripped open by the rebels. These were a few examples of the serious violations of women's rights, for which there was proof, which could have been brought to the Commission's attention, to spur it to help to end the conflict. Such action would allow women to live in peace and to enjoy all their rights. Concerning the zone under governmental control, all offences against human rights committed there had been punished, as was usually the case in civilized society.


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For use of information only; not an official record