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[11 March 2008] - In one of his last public speeches before leaving office, Juan Miguel Petit, Special Rapporteur on the sale of children, child prostitution and child pornography highlighted the problems plaguing the UN Special Procedures and issued a battle cry to NGOs, calling on them to “stay close to the Special Procedures...and remind them they can do very important things.” During an NGO briefing organised by OMCT and BICE, called Child Protection Challenges and the Special Procedures System, NGOs also applauded Mr Petit's efforts to collaborate with civil society. Mr Petit told participants: “We don't have to be scared of discussion – mandates sometimes need to be renovated and there is benefit to renewed discussions. There needs to be a pluralist approach to the new position.” He added there was much scope for encouragement: “A lot of countries did not used to speak about child rights, but countries are now trying to improve laws and adhere to international conventions. Although that is not enough because of the many violations still exist, it is still a starting point,” he said. He went on to say that there are many “black holes” in the realisation of children rights. “In talking about exploitation we must ask is this exploitation new? Is society getting worse, or is it because we have new tools to monitor violations? I think it is a bot of both,” he said. The importance of Special Procedures “We have to support Special Procedures – it is an enormous mechanism for protecting children. Countries need to be criticised, even if they don't realise it, and there needs to be free and independent speakers,” Mr Petit continued, maintaining that “we are facing a new chapter in the life of the Special Procedures.” He said that crimes against children are particular hard for people to justify. “A lot of crimes can be understood, such as burglary, but we cannot understand what is in the mind and the soul of someone who rapes a child,” he said. Mr Petit believes there is a lack of professionals who are trained to deal with children and their problems. He went on to cite a number of problems plaguing the Special Procedures system. He said: “Governments don't allow visits, or they may allow them, but then don't have the time to participate.” UN needs to “look through the window, instead of in the mirror” “Secondly, the UN system uses a lot of time looking in the mirror. Instead of the mirror the UN needs a window to look outside,” Mr Petit said. He added: “And there is a lack of Special Rapporteurs. The Special Procedures sometimes feel alone. I would ask NGOs to stay close to the Special Rapporteurs, to remind them it is possible to do very important things.” A representative from BICE said: “Mr Petit deserves our big thanks – he has made sure the doors and windows are always open to NGOs.” Cecile Trochu, of OMCT, noted the importance of the integration of child rights into the work of the Special Procedures. She then talked of some examples of how some Special Procedures have integrated child rights into their work. She noted how the Special Rapporteur on Torture had reported on children in detention with adults, using an expansive interpretation of their mandate to include issues relevant to children, for example an interpretation of the law on torture to take into account state responsibility, even where violations have been committed by private persons. She said: “There has been a realisation that children are particularly affected by torture by virtue of their status as children, and that they have particular vulnerability because of their developmental stage.” Ms Trochu also spoke of the work of the Special Rapporteur on Violence Against Women, who has amongst other issues addressed violence against girls in the family. She cautioned, however, that the Rapporteur has never provided in depth analysis of the effects of violence against girls. She said such an analysis would be very useful in the future, particularly in light of the appointment of a Special Representative to the Secretary-General on Violence Against Children. Ms Trochu finished by recommending that Special Procedures take into account the age dimension of violations, and that Special Procedures even without children as part of their mandate should collaborate with those where children do come expressly fall within their remit. See the whole of Ms Trochu's statment Enyo Gbedemah, of BICE in Togo, spoke about the organisation's work in the country, particularly in respect of 'girl porters', who may be employed to carry goods in markets. Lots of these children, he said, face huge family pressures to work, and may begin in the markets from the age of nine. Many girls are also employed to work as domestic workers, he said, and this may be strongly linked with sexual exploitation. Mr Gbedemah also spoke of the plight of children trafficked in West and Central Africa, noting how the issue was related to questions of immigration and internal displacement. He said: “The conditions for these girls exposes them to sexual exploitation." He concluded by highlighting the important role of Special Procedures. He said: “The state has primary responsibility, but Special Procedures help the state to realise their obligations, to consider recommendations, and to help people come up with solutions.” A representative from Terre des Hommes then drew attention to the organisation's campaigning activities in respect of trafficking since 2001, when the issue was low on the international agenda. She said: “There is an enormous need for advocating for minimum standards for the treatment of trafficked children, for example regarding residential care and repatriation.” She noted that the organisation has learned that “the only form of repatriation that works is voluntary,” and concluded by emphasising that the voices of children must be listened to and will affect the success of rehabilitation. The UN, McDonald's and “boring” webpages Mr Petit said: “The Special Procedures have sometimes been very fragmented. We could develop some joint actions. In particular, I don't understand why we don't have a good web page.” He noted many of the UN web pages were “boring”. “It is hard to find a document – so many of them, like McDonald's, look the same,” he said. He added he did not understand why Special Procedures do not publish an annual report. “Why not have an international day of the Special Procedures in which we could highlight some big questions each year. Maybe we could have a Special Procedure in chief who could underline important issues. These are just some example of things we could do.” He noted there were few opportunities for Special Procedures to meet and exchange information and ideas. He recognised that some people were happier that Special Procedures remained isolated. “Our impact could be much bigger”, he said. Further information
Perspective from Togo
Roberta Cecchetti, of Save the Children, then asked several questions: what can be done better under the new mandate? How can the positive impact of the work of the Special Procedures be better collated? What collaboration has their been between Mr Petit and other Special Procedures who do not have an express reference to children in their mandate? And what would Mr Petit recommend NGOs do during the first months of the new mandate?