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Fifty-fourth session of the United Nations Commission on Human Rights,
Geneva, 16 March - 24 April 1998


Statement by Ms Ofelia Calcetas-Santos,
Special Rapporteur on sale of children, child prostitution and child pornography
in presenting her reports to the Commission
Geneva, 16 April 1998


Mr. Chairman, Excellencies, Dear Delegates, Ladies and Gentlemen:

Permit me to try to present to you within the limited time allowed me this afternoon four areas, namely:

1) My main report to the Commission
2) My reports on the country visits to Kenya and Mexico
3) The recent conference "Out of the Shadows"- Summit of Sexually Exploited Youth
4) Additional proposals

Over the last two years I have made the commercial sexual exploitation of children the main focus of my mandate. In this regard I identified three catalysts which I believe to be crucial in addressing this particular concern. My report last year contained an extensive analysis on the role of the justice system as the first catalyst for the protection of children.

This year's report deals with the other two components, the media and education and how they impact on children's rights and protection. In the compilation of this report I have drawn on information received from Governments, UN bodies and agencies, and Non-Governmental Organizations, and I would like to take this opportunity to thank all those who responded to my request for information.

In tackling the media and education I included the international legal framework so that we can be better guided in appreciating certain rights that may be perceived as being contradictory to each other. For example, the right of children to information will have to be balanced with the need to protect them from falling victims to exploitative situations. Likewise, the right of children to privacy and dignity should not be sacrificed in the exercise of the more established and generally recognized rights like freedom of expression and access to information.

On the media, I first analysed the different facets of the traditional media, and in this connection I have decided to conduct the study following the three main areas identified by the Committee on the Convention on the Rights of the Child, namely, child participation in the media, protection of the child against harmful influences through the media, and respect for the integrity of the child in media reporting. Also included in my report are some disturbing developments which should caution us that in our desire to deter abuses against children, we should not lose sight of some basic rights of the defendant, most especially the presumption of innocence.

Other than the traditional media, my report contains an extensive analysis of new technologies, particularly the Internet, in the commercial sexual exploitation of children. I have summarized the main developments and dangers which have arisen as a result thereof and initiatives which have been taken nationally and internationally. Different alternatives which are currently being explored in the search for solutions have also been included, like parental regulation, self-regulation by the industry, or through government regulations.

Education, whether formal or informal, is the other catalyst I have identified as a key factor in the prevention of sexual exploitation of children, as well as their recovery and/or reintegration. All sectors of society must be empowered with knowledge of the realities of sexual abuse in order to protect themselves or others against it. If used together with the media, education can reach greater number of people, including policy makers, with more lasting consequences. As in the media, I have also included developments and initiatives both on the national and international levels.

Last year, I was able to conduct two country visits, the first one to Kenya (specifically to Nairobi, Mombasa and Malindi), and the second one to Mexico (Mexico City, Puerto de Vera Cruz and Xalapa, Cancun, Ciudad Juarez and Tijuana). These two visits are covered by separate addenda to my main report. It is quite unfortunate that time constraints do not allow me to bring to your attention even the highlights of the visits. Permit me to reiterate my thanks to the Kenyan and Mexican governments for the cooperation extended to me which enabled me to get optimum benefit from the very limited time of the visits.

Mr. Chairman,

At this point I would like to bring to your attention a recent development not included in my report but which I consider to be a milestone in addressing the issues involved in my mandate, and that is the Summit of Sexually Exploited Children and Youth, held in Victoria, Canada, from the 7th to the 12th of March. It was attended by a delegation of 36 children and young people, with ages ranging from 16 to 26 years, all of whom had been sexually exploited as minors. They come from Bolivia, Brazil, Canada, Chile, Dominican Republic, Honduras, Peru and the United States.

The first significant thing about the conference is the process which evolved therefrom in that only the real experts, namely the experiential children and young people who know whereof they speak, were allowed to actively discuss the issues. This structure gave meaning to the mandated right to participation granted to the child under different provisions of the Convention on the Rights of the Child. The rest of us played the unfamiliar role of observers and listeners. So we observed, and we listened, and we were astounded at the maturity and intelligence which characterized all the meetings. They bared their souls and opened their hearts in a way they said they never had before, and in so doing, they were able to energize and strengthen each other.

As we listened to the voices of these experiential children and young people, the single question that kept echoing in my mind was, "How could they have survived through the horrors they have experienced, and having survived, how could they have remained sane?"

Another thing that I found quite significant and which I consider quite unfathomable given the nightmares each one of them have suffered, is that these children and young people still have their dreams of a better tomorrow. They have devoted much of their time in the conference trying to bring these dreams to fruition through their own Declaration and Agenda for Action.

I made a commitment to them to present to you their declaration, and so Mr. Chairman, it is my distinct honour to bring to you their voice through the following declaration:

"We, the sexually exploited child and youth delegates gathered in Victoria, Canada, for Out of the Shadows International Summit of Sexually Exploited Youth, declare the following:

"We declare that the term child or youth prostitute can no longer be used. These children and youth are sexually exploited and any language or reference to them must reflect this belief.

"We declare that the commercial sexual exploitation of children and youth is a form of child abuse and slavery.

"We declare that all children and youth have the right to be protected from all forms of abuse, exploitation and the threat of abuse, harm or exploitation.

"We declare that the commercial exploitation of children and youth must no longer be financially profitable.

"We declare that all children and youth have the right to know their rights.

"We declare that the issue of child and youth sexual exploitation must be a global priority and nations must not only hold their neighbours accountable but also themselves.

"We declare that governments are obligated to create laws which reflect the principle of zero tolerance of all forms of abuse and exploitation of children and youth."

Mr. Chairman,

The above declaration capsulizes their expectations. We have no choice but to respond to the challenge. By way of starting points, I therefore propose the following:

1. In heeding the validity of the declaration's objection to the use of the term child prostitution, that the title of the mandate be changed to reflect this. I would like to suggest something along the lines of Special Rapporteur on Child Victims of Trafficking and/or Commercial Sexual Exploitation;

2. That the United Nations take the lead in upgrading in its order of priority matters concerning children and in mainstreaming in its activities measures for their protection. For example, the proposed world conference against racism and racial discrimination, xenophobia and related intolerance to take place in the year 2001 should include children's concern as an integral component, as they are inevitably among the first victims of any form or discrimination.

3. That improved mechanisms for better coordination within the different departments and agencies of the UN family be institutionalized. For example, there is great potential for collaboration between the Technical Cooperation branch and my mandate to translate some recommendations to dynamic action.

Mr. Chairman,

I am making the above recommendations in the hope that we can at least tell the children that we are doing our part. Thank you very much.


Reports submitted by the Special Rapporteur on:

the sale of children, child prostitution and child pornography (E/CN.4/1998/101)
Mission to Kenya (E/CN.4/1998/101/Add.1)
Mission to Mexico (E/CN.4/1998/101/Add.2)