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Summary: Side Event of the Human Rights Council 13th Session, 10 March, 2010 on the 10th anniversary of the adoption of the Optional Protocols to the Convention on the Rights of the Child (CRC) on the involvement of children in armed conflict (OPAC) and on the sale of children, child prostitution and child pornography (OPSC). By Ms Susan Bissell, Chief Child Protection, UNICEF.
Madame Chair/Mr. Chairperson, Excellencies, colleagues, and friends It is a great honour and pleasure to participate in today’s panel to commemorate the 10th anniversary of the adoption of the Optional Protocols to the Convention on the Rights of the Child (CRC) on the involvement of children in armed conflict (OPAC) and on the sale of children, child prostitution and child pornography (OPSC). I would like express my appreciation to the Office of the High Commissioner for Human Rights for organizing this event and for inviting UNICEF to be on the panel. We are here today to take stock of achievements made and challenges remaining with regard to the ratification and implementation of the two Optional Protocols. Before I turn my attention to this topic, I would like to recall the importance of the two Optional Protocols in enhancing the protection of children’s rights. These Protocols, the product of years of negotiations involving States, NGOs and our partners in the UN system, represent some of the highest international standards for child protection, and UNICEF is advocating for their universal ratification and effective implementation. In ratifying them, State Parties have expressed their resolve to end impunity of these crimes against children, and reverse and ultimately end the victimization of children – hundreds of thousands of them – who are systematically exploited all around the world. The Optional Protocols builds on and enhances both the general principles of the Convention on the Rights of the Child and its specific rights. The Optional Protocol on the involvement of children in armed conflict prohibits the active participation of children under the age of 18 in hostilities – and imposes strict limitations for the recruitment of children into armed forces and groups. It thereby strengthens our hand in insisting that all parties to armed conflict put an immediate end to the use of children, and it lends added force to demands for their immediate release, rehabilitation and reintegration into society. The Optional Protocol on the sale of children, child prostitution and child pornography refines the protections offered under the CRC in relation to these forms of exploitation. Protecting all children, it requires States Parties to criminalize such exploitation, and ensure that the perpetrators be identified and held accountable. It also requires States Parties to adopt measures to protect and support the children victims, including in the criminal justice process. The Optional Protocols do more than set standards. The reporting requirements demand accountability from State Parties. Important steps have been taken by the Committee on the Rights of the Child to adopt guidelines for reporting under the Protocols. To assist the State Parties, civil society and other actors in their efforts to effectively implement the Optional Protocols, UNICEF has developed two guides with our partners: · The Guide to the Optional Protocol on the Involvement of Children in Armed Conflict published by UNICEF and the Coalition to Stop the Use of Child Soldiers in 2003. · The Handbook on the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, published by the UNICEF Innocenti Research Centre and the Institut International des Droits de L’Enfant (IDE), in collaboration with CRC Committee members, in 2009. As demonstrated in these guides, in the past decade, many promising efforts have been undertaken by State Parties, in collaboration with civil society and other actors, to implement the two Optional Protocols, many times with support from UNICEF. Let me illustrate these positive developments with some examples in relation to the Optional Protocol on the sale of children, child prostitution and child pornography (OPSC). A number of State Parties have reformed their legal and policy frameworks in accordance with the CRC, the OPSC and other international standards, criminalizing various forms of sexual exploitation of children. In the Philippines, the child protection act adopted in 1992, complies with many of the requirements of the OPSC. It criminalizes the prostitution of girls and boys under the age of 18, as well as the attempt to commit child prostitution and the use of children in pornographic performances. The enactment of the Anti Child Pornography Act in 2009 further strengthens the legal protections for children in relation to pornography, a process that was supported by UNICEF. We know that it is not enough to adopt an adequate legal and policy framework to prevent and combat the sexual exploitation of children. All the general measures of the CRC have to be implemented, including the adoption of comprehensive national plans or strategies, establishment of coordinating mechanisms and other such measures as the framework for actions aimed at prevention, law enforcement and assistance to children victims. As demonstrated during the Third World Congress against Sexual Exploitation of Children and Adolescents, the vast majority of States have established national action plans for the protection of children from all forms of sexual exploitation, with strategies to prevent and combat these crimes. UNICEF has been actively involved in supporting the development and implementation of these plans. Many countries have also undertaken programmes aimed at raising awareness of child rights for law enforcement personnel, prosecutors and judges, and professionals in other sectors including social welfare, education and health. In East Timor, the inclusion of a gender based violence module in the national police academy training curriculum has ensured the continued focus of the police on sexual abuse and exploitation. Specialized law enforcement units to combat sexual exploitation and abuse of children have also been established, among other things to stop the use of Internet linked to the sale and sexual exploitation of children. In Ukraine, for example, a specialized police unit has been established to combat child pornography by monitoring the internet, in collaboration with international agencies such as Europol and INTERPOL. A crucial aspect in implementing the OPSC is to ensure that children victims receive adequate protection and support, including in the criminal justice process, as well as necessary assistance for their rehabilitation and reintegration into society. In Trinidad and Tobago, UNICEF supports the ChildLine project, which offers the only national helpline service to which children at risk or victims of violence and exploitation may call to seek assistance. Nevertheless, the best way to end sexual exploitation and other crimes against children is to prevent it altogether. Numerous efforts have been undertaken in this regard. This includes programmes designed to make children aware of the risks of sexual exploitation. In Mexico, the NGO Espacios de Desarrollo Integral (Spaces for Comprehensive Development), assesses the needs and dynamics of a neighbourhood and then establishes clubs or centres that offer children and adolescents access to leisure activities, informal education and information on children’s rights and health. The clubs also promote community awareness of sexual exploitation of children in the community, in raising awareness about the issue. These are just a few examples of efforts taken to implement the OPSC; there are many more as was highlighted during the Third World Congress against Sexual Exploitation of Children and Adolescents. Let me also mention some positive steps to strengthen child protection by implementing the Optional Protocol on the involvement of children in armed conflict. Of the 132 States Parties to the OPAC, at least 80 have adopted a “straight 18” standard in terms of prohibiting voluntary enlistment or conscription below the age of 18. For example, he Sudan Armed Forces Act, adopted by the National Assembly in December 2007, establishes 18 years as the minimum age for recruitment and lays down criminal penalties for individuals who recruit children below 18 years old. In DRC, the recently adopted Child Protection Code (2009) prohibits the forced recruitment of children below age 18 or their use in conflict as well as the enlistment or use of children in the national armed forces, the police and armed groups below age 18, and makes it punishable by prison terms between 10 and 20 years. These are positive steps in countries that have faced and continue to face significant incidents of children associated with armed forces and armed groups. They are complimented by continuous efforts to release and reintegrate children who have been recruited or used in hostilities. In DRC in 2009, 3,000 children were officially released and many more identified within their communities by our partners; and some 6,600 CAAFAG were provided with direct reintegration support in DRC alone last year. In Nepal, the head of the Maoist army worked together with the United Nations and the Government of Nepal to release several thousand children and young people from their forces at the beginning of this year. Despite these positive developments, challenges remain for States Parties in developing and implementing comprehensive legislation and policies protecting children from all forms of violence and exploitation. A “culture of impunity”, both legal and social, prevails in many countries in both conflict and non-conflict situations. This is one of the many causes to the perpetuation of violence and exploitation of children and points to the importance of mobilizing communities, families and children as partners in prevention efforts. National and community based child protection systems, including adequate protection and support to the girls and boys victims and witnesses of crimes, also needs to be strengthened to fully prevent and respond to these violations of children’s rights. UNICEF is committed to continue to support State Parties, civil society and other actors in their efforts to address these challenges. Consistent with UNICEF’s Child Protection Strategy, UNICEF supports the strengthening of child protection systems at national and local levels to prevent and respond to all forms of violence, exploitation and abuse. This includes advocacy for the ratification of international human rights instruments; support to legal reform in accordance with international standards, adoption of policies and regulations; and support to their effective implementation. It entails supporting services for children and their families, in particular social welfare, education, health, security and justice. Placing specific attention on the role of social norms in the persistence of human rights violations and their abandonment, the Strategy stresses the importance of addressing underlying discriminatory norms that perpetuate violence and exploitation of girls and boys, among other things through the promotion of positive, protective norms and behaviours. Community dialogues, human rights education, participation, and empowerment of girls and boys, as well as men and boys, are all crucial elements of the strategy. I would like to conclude this speech by urging all State Parties to improve the protection of girls and boys against all forms of violence and exploitation, through ratifying and implementing the two Optional Protocols and taking all other necessary measures to strengthen a protective environment for children. UNICEF very much looks forward to continued collaboration with all of you in this undertaking and in the launch of a two year global campaign to promote the universal ratification of the Optional Protocols by the 10th anniversary of their entry into force in 2012. Thank you.