HUMAN RIGHTS COUNCIL REVIEWS MANDATE OF EXPERTS ON SALE OF CHILDREN

Introduction of the Mandate of the Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography

MARIA LOURDES BONE (Uruguay), presenting the mandate of the Special Rapporteur on the sale of children, child prostitution and child pornography, said that this mandate had been created in 1990 by the Human Rights Commission. Over the last six years, the Special Rapporteur had concentrated on visits to countries, thematic investigations and communications with governments. The thematic investigations had concentrated on different important topics, such as: child pornography on the Internet, traffic of organs and prevention of sexual exploitation. These thematic documents were proposing innovative systems for Governments to tackle these complex issues. The Special Rapporteur had conducted nine country visits. In most cases, these visits were about the strengthening of protection systems and complaints procedures. One difficulty had been that not all countries were positively responding. It was essential that the mandate continued, in order to achieve a broader representation of the subject throughout the world. The mandate had generated a critical mass of information. This was resulting in continuous improvements on the matter. The subjects addressed by this mandate were currently very topical subjects. Organized crime had found a lucrative playground in these topics. Such crimes would continue to increase in coming times and the international community should unite to combat such violent crimes. Member States of the Council were invited to support the continuation of the mandate.

Statement by the 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 that the General Assembly's adoption of the Convention on the Rights of the Child in 1989 had marked a historic landmark, opening a new era in which it was recognized that in all countries of the world there were children living in exceptionally difficult situations and that they needed special attention. In 1990, the Commission on Human Rights had established the mandate of the Special Rapporteur on the sale of children, child prostitution and child pornography. His work had been another contribution to building a global system for security and protection of children. After six years of work, he could say that the democratic system was the only one in which freedom allowed for the realization of the potential of everyone. Without pluralism, without diversity and tolerance, human rights could not flourish. It was only on the basis of heterogeneity that it was possible to formulate better laws and policies. He had visited nine countries during his mandate – Mexico, Ukraine, Greece, Albania, Romania, Paraguay, Brazil, France and South Africa. He had also reviewed individual communications and drawn up reports on different themes each year.

The theme of his report this year was to look at the assistance and rehabilitation programmes designed for children victims of trafficking and sexual commercial exploitation. In putting that report together he had sought the contribution of all of those working with children in the field. He had been dealing with new problems and practices. A lot of progress had been made in the development of juridical standards. Today there was work being done to address the roots of the problem, and countries needed to develop new tools for prevention and to protect victims. The mandate was a catalyst for suggestions, solutions and proposals. It required support from countries, which had to open their doors. He regretted that he had not been able to visit more countries. No one was spared of the scourges covered by his mandate, and no country could say that it did not need its help. The challenge of the mandate was to create healthier environments for children, where they could be protected.

In the not too distant future, the system of Special Procedures might have a way of better orienting its actions, and informing people on the ground, for example by recognizing a national day of Special Procedures to make known those burning issues on which they worked. Without wishing to impoverish the mechanisms they had today, he called on everyone to continue to work for a better world with free societies in which human rights were respected.

General Debate on the Review of the Mandate of the Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography

VESNA MOKOZEL (Slovenia), speaking on behalf of the European Union, said the European Union attached great importance to the protection of the rights of the child and more specifically to the mandate of the Special Rapporteur on the sale of children which had a positive impact in the concerted efforts to eliminate these violations of human rights. The European Union shared the view that separate programmes to attend to the needs of child victims were important. The guidelines of the Special Rapporteur for assistance and rehabilitation programmes and his relevant recommendations were deeply appreciated. The European Union would welcome any further suggestions that would enhance effectiveness of this mandate in the future. The Special Rapporteur was asked whether he would agree that raising relevant awareness not only on national but on an international level as well, would be another major step to the right direction.

NIK ADY ARMAN (Malaysia) said that Malaysia believed that the exploitation of children was unacceptable. The international community should enhance cooperation in preventing its occurrence. Malaysia supported the mandate and believed it was imperative that the Special Rapporteur continue to bring together the knowledge and expertise of the many different parties and experts when formulating recommendations.

MURILO VIEIRA KOMNISKI (Brazil), speaking on behalf of the Group of Latin American and Caribbean Countries (GRULAC), said that this mandate had greatly contributed and still could contribute to the battle against the sale of children, child prostitution and child pornography. GRULAC also thanked the mandate holder, Juan Miguel Petit for his efforts. In its national capacity, Brazil also thanked the mandate holder, and Uruguay, for its support of the draft resolution and the rights of the child.

MARTIN GEORGOS KELEMENIS (Switzerland) said the sale of children, child prostitution and child pornography were very serious issues which should not be tolerated and warranted several efforts. There were many gaps in national legislation which had to be filled in order to carry on this work. The work of the Special Rapporteur showed the challenges to be overcome as well as best practices. Switzerland was convinced of the important work of the Special Rapporteur and supported the continuation of this mandate without reservations. However, Switzerland was concerned with the overlap with other entities in this regard and called for more coordination of United Nations bodies.

ROMAN KASHAEV (Russian Federation) said the Russian Federation supported the continuation of the mandate. The Russian Federation hoped that the Special Rapporteur would continue his activities in the same balanced manner, in respect of the Code of Conduct and with the best interest for children in mind. The Russian Federation recommended that the Special Rapporteur should also look into the issue of sex tourism.

SEBASTIAN ROSALES (Argentina) associated itself with the statement by Brazil on behalf of GRULAC. Argentina attached great importance to the consolidation of the Special Procedures. Argentina recognized the importance of the mandate on the sale of children, child prostitution and child pornography, and valued the efforts put forth by the Special Rapporteur and by Uruguay in sponsoring various initiatives in this regard. Argentina therefore supported the continuation of the mandate.

PAUL J. MAKELELE (Tanzania) attached great importance to the fight against the sale of children, child prostitution and child pornography. Tanzania had taken measures to promote and protect the rights of the child. Currently there was legislation encompassing the prohibition of the sale of children which was in line to be adopted. Tanzania would continue to play a significant role to combat all such crimes.

OMAR KADIRI (Morocco) said that the mandate of the Special Rapporteur had contributed to the visibility of the growth of this problem. Morocco was taking specific measures to protect the rights of children. This work required full participation of civil society. The Special Rapporteur‘s predecessor had visited Morocco and this had resulted in fruitful cooperation. Morocco supported the renewal of the mandate.

ROBERTA CECCHETTI, of International Save the Children Alliance, on behalf of severals NGOs1, strongly appreciated the work of the Special Rapporteur on the sale of children, child prostitution and child pornography, its quality and comprehensiveness. They had also enjoyed a close working relationship with the mandate holder. The Special Rapporteur on the sale of children had been key in keeping child rights on the agenda of the Council during its first year of work. The International Save the Children Alliance expected that that focus would be kept and strengthened in the future. Millions of children of all ages from around the world were victims of sexual exploitation, very often by those who had a responsibility to protect them. They therefore very strongly believed that the mandate had to be renewed and the scope maintained if all children were to be protected from sexual exploitation in all its many different manifestations. It was essential that sexual exploitation of children be addressed from a child rights perspective; from a gender perspective – how sexual exploitation impacted differently on boys and girls; and from the perspective of the obligation of all States to realize their accountability to the relevant international legal instruments.

Concluding Remarks on the Review of the Mandate of the Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography

JUAN MIGUEL PETIT, Special Rapporteur on sale of children, child prostitution and child pornography, in concluding remarks, said with concern to the mandate it was absolutely necessary to have support and feedback. When he began his job as Special Rapporteur he had doubts as to the impact he would have given the bureaucracy in the United Nations system. Over the course of six years he had clearly seen how countries were opening up to the international community and beginning to recognize that these problems were shared by all and that it was the responsibility of all to ensure the enjoyment of every person’s rights. Given certain sensitivities, it was important to include private sector stakeholders into the process of combating these human rights abuses. As noted by one delegate, it was important to recall the cross-cutting areas of the issues. The mandate should indeed become more effective and be refined accordingly.

MARIA LOURDES BONE (Uruguay), wrapping up the discussion, said that what had been done so far constituted a good starting point. A set of tools had to be identified. The mandate had resulted in concrete propositions for Governments. It was needed to formulate policies to create a global network to support children. The objective was also for Governments to come up with legislation. The Special Procedures were an important tool in this light. The experience of country visits showed that after the initial mistrust, countries had found an important source of inspiration in this mandate. This mandate was an area of exchange and of multilateral collaboration. The Council was invited to renew the mandate.

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