Summary: In its resolution 1992/2, the Sub-
Commission on Prevention of
Discrimination and Protection of
Minorities, pursuant to Commission
on Human Rights resolution 1992/74
of 5 March 1992 asked the Secretary-
General to work on the Programme
of Action for the Prevention of the
Sale of Children, Child Prostitution
and Pornography, (annex to res.
1992/74).
Report of the Working Group on Contemporary Forms of Slavery
pursuant to paragraph 6 of Sub-Commission on Prevention of
Discrimination and Protection of Minorities resolution 1992/2
E/CN.4/Sub.2/1993/31
8 July 1993
COMMISSION ON HUMAN RIGHTS
Sub-Commission on Prevention of Discrimination and Protection of
Minorities
Forty-fifth session
Item 15 of the provisional agenda
CONTEMPORARY FORMS OF SLAVERY
PROGRAMME OF ACTION FOR THE PREVENTION OF THE SALE OF
CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY
Report of the Working Group on Contemporary Forms of Slavery
pursuant to paragraph 6 of Sub-Commission on Prevention of
Discrimination and Protection of Minorities resolution 1992/2
CONTENTS
Paragraphs
INTRODUCTION 1
I. STATES 2 - 76
Austria 2 - 6
Brazil 7 - 16
Burkina Faso 17 - 21
Finland 22 - 29
Germany 30 - 38
Iraq 39 - 40
Japan 41 - 44
Liechtenstein 45 15
Philippines 46 15
Poland 47 - 50
Spain 51 - 54
Sri Lanka 55 - 56
Thailand 57 - 64
Yugoslavia 65 - 76
II. UNITED NATIONS BODIES 77
Economic Commission for Latin America and
the Caribbean 77
III. SPECIALIZED AGENCIES 78 - 89
United Nations Educational, Scientific and Cultural Organization
78 22
World Tourism Organization 79 - 89
IV. INTERGOVERNMENTAL ORGANIZATIONS 90
Organization of American States 90
V. NON-GOVERNMENTAL ORGANIZATIONS 91
World Muslim Congress 91
Introduction
1. In its resolution 1992/2, the Sub-Commission on Prevention of
Discrimination and Protection of Minorities requested the
Secretary-General, pursuant to Commission on Human Rights
resolution 1992/74 of 5 March 1992, to invite all States to inform
the Sub-Commission of measures adopted to implement the
Programme of Action for the Prevention of the Sale of Children,
Child Prostitution and Child Pornography, contained in the annex
to resolution 1992/74.
The Sub-Commission also requested the Working Group to
examine the state of the implementation of the Programme of
Action at its eighteenth session and to transmit, through the Sub-
Commission, a report thereon to the Commission at its fiftieth
session. In accordance with the above requests, the Secretary-
General sent a note verbale to all States on 6 November 1992
and prepared a report (E/CN.4/Sub.2/AC.2/1993/8), containing
the replies received, for the consideration of the Working Group.
Having examined that report, the Working Group decided to
transmit it, through the Sub-Commission, to the Commission at its
fiftieth session.
I. STATES
Austria
[Original: English]
[21 August 1992]
2. Austria informed the Working Group on Contemporary Forms of
Slavery that although there are no specific provisions concerning
the sale of children, the general provision of section 195 of the
Austrian Penal Code against abduction of minors (Entziehung
eines Minderjährigen aus der Macht des Erziehungsberechtigten)
is applicable to this particular case.
3. The Federal Youth Welfare Act of 1989 (Federal Law Gazette
161/1989) obliges the Laender (provinces) to enact laws
regulating the procedure of adoptions.
4. In general, the Youth Welfare Boards of the Laender have the
sole right to initiate an adoption here as well as in foreign
countries. The Laender governments may, however, authorize
private institutions to conduct such activities. The Youth Welfare
Act of 1979 determines that financial rewards for the
arrangement of adoptions are strictly forbidden.
5. There has never been any evidence that children were sold for
the purpose of adoption. However, violations against the
prohibition of such cases would be subject to punishment under
section 195 of the Austrian Penal Code (see above).
6. There is no evidence that the sale of children for labour
purposes occurs in Austria.
Brazil
[Original: English]
[30 November 1992]
7. The Government of Brazil informs the Working Group on
Contemporary Forms of Slavery that the Department of Federal
Police (DPF) has strengthened its action in combating the
phenomenon of the sale of children since 1973, when the first
allegation related to the problem - the trafficking of 60 Brazilian
children to Sweden by a foreign couple - was brought to its
attention. Among the actions carried out since then, those of an
administrative and preventive nature have prevailed after the
Federal Police realized that the issuing of passports, by its
Division of Maritime, Air and Border Police (DPMAF), was directly
connected to the issuing of international air tickets and,
therefore, to the international trafficking of children.
8. It has also been noted that the international trafficking of
children is closely linked to shortcomings occurring before the
process of international adoption is initiated. In order to be able
to adequately monitor both legal and illegal steps before
adoption, to avoid adoption being used as a disguise to traffic
children across the border (including the abduction of children for
that purpose), as well as to assess the pace of those criminal
practices, the DPMAF decided to implement the following
comprehensive administrative measures:
(a) Decentralization of its units to make sure that all necessary
conditions were met when the biological mother gave her
consent for the adoption of her child by a foreign couple. This
procedure should be applied when doubts arise related to the
legality of the adoption process at the moment of requesting a
passport for a child adopted by a foreign couple;
(b) Preparation of a monthly list with the names of all children to
whom Brazilian passports have been issued to travel
accompanied by foreign adoptive parents, as well as the names
of such parents and passport numbers;
(c) Fulfilment of all preconditions required - in accordance with
article 9, paragraph 5 in fine of the regulation on passports
approved by Decree No. 84.541/80 - for issuing a passport
requested for an adopted child (presentation of a certificate of
birth and the judicial warrant);
(d) Assurance that adoptions of Brazilian children by foreign
couples were made in accordance with the provisions of articles
20 and 28 of Decree 6.697.79 (the former Code on Minors), which
stipulates that adoption will be allowed providing that the child's
situation was irregular, that adoption took place in the presence
of the foreign parents and that a judicial warrant was issued
before the necessary documents were legalized by the registry
office. If any of these conditions is not fully met, the police
authority submits the adoption process to the local judge of
minors;
(e) Transmission, since 1985, of the names of children adopted by
foreigners to the DPF's central computerized unit under a special
code for expeditious identification;
(f) Establishment, in 1982 when the phenomenon of child
trafficking became known, of a working group to study the extent
of the problem and propose measures aimed at minimizing its
effects. The working group put forward the following
recommendations in its final report:
(i) Adoptions made under article 375 of the Civil Code or those
subject to decisions by the judge of minors should only be
authorized in the presence of the adopting couple;
(ii) The registry offices should draft the titles of adoption in the
presence of a representative of the Attorney-General's office;
(iii) If the adopting couple lives or intends to live abroad,
information should be provided to the Brazilian diplomatic or
consular authorities in the concerned country on the conditions of
health, education and assistance granted to the adopted child
(such duties should be clearly defined in the adoption process);
(iv) As immediate steps to minimize the negative trends of this
problem, the working group suggested that:
a. Contacts be established with the states' judiciaries
(Corregodorias de Justiça) in order to reiterate to registry and
notary's offices the need for a judicial warrant for the adoption of
children in irregular situations;
b. Verification, by the Ministry of External Relations, through its
diplomatic and consular missions abroad, be undertaken of the
conditions under which Brazilian children adopted by foreigners
live, as well as the real objectives of adoption;
c. Information regarding the trafficking of children be centralized
in the Division of Political and Social Order in order to facilitate its
analysis and to unify procedures;
d. DPMAF instruct all Passport Services to undertake the
necessary inquiries when passports are requested for Brazilian
new-borns by foreign parents. Individuals violating the law
should be subject not only to criminal procedures but also to
expulsion under the provisions of Decree 6.815/80;
e. Its report be disseminated among the regional offices of DPF.
The working group's report was approved by the Minister of
Justice who transmitted the document to the Department of
Legislative Affairs, for further consideration of changes in the
adoption legislation, and the Department of Judicial Affairs, to
reiterate the importance of judicial warrants for the adoption of
children in irregular situations;
(g) Definition, by the Minister of Justice, of the competence of
judges of minors or magistrates acting as such, in accordance
with local legislation, to authorize the concession of passports for
children;
(h) Recommendation that state judiciaries define such
competence in order to ensure all legal conditions for issuing
passports for minors, bearing in mind the particularities of the
state judiciary organization of the states and the provisions of
article 9, paragraph 2, of the regulation on passports adopted on
11 March 1980 by Decree 84.541.
9. The Working Group's report has gained wide support within
the National Congress which approved Decree 7.251 on 19
November 1984 introducing changes in article 245 of the Penal
Code with a view to defining the international trafficking of
children (para. 2) and to raise the penalties for the perpetrators
of such crimes.
10. In 1986, when the problem of the trafficking of children
became widely recognized but remained difficult to characterize
as a crime aimed at obtaining profits, DPMAF put forward the
following suggestions:
(a) Transfer - in accordance with article 10, I and II of Decree
5.010, dated 30 May 1966 - to the federal judiciary of the
competence to try all adoption cases involving Brazilian children
and foreign couples. This proposal was not carried out but
contributed to an important debate on the competence of the
federal justice system to prosecute and try crimes of trafficking in
children; this has been incorporated in the Federal Constitution;
(b) Presence of the foreign couple from the initiation of the
adoption procedures, which can be carried out in their own
language, with simultaneous interpretation into Portuguese by
translators nominated by the federal judge;
(c) Collection of the following documents for a judicial decision on
adoption by foreigners: identity cards of the couple, declaration
by the competent judge of minors that the child was in an
irregular situation; declaration by the biological mother and
father, if any, ratifying the decision to authorize the adoption and
stating the motives of such a decision; official translation of the
marriage licence, certificates testifying to lack of criminal
antecedents or judicial separation of the foreign couple, as well
as proof that their economic and financial situation would allow
for the necessary well-being of the child they wish to adopt;
(d) The requirement that the judicial sentence authorizing the
adoption stipulates that the adopting couple should bring the
adopted child annually to the Brazilian Consulate in their country
for evaluation of his/her treatment, until he/she is no longer
considered a minor according to that country's legislation. The
diplomatic or consular authority would have the duty of sending
periodic reports to the federal judiciary through the Ministry of
External Relations;
(e) A prohibition against foreign couples not permanent residents
in Brazil to adopt children under articles 368 and 375 of the Civil
Code and the former Code of Minors, except for the case
stipulated in its article 20;
(f) A statement regarding the objective of the trip should be
included in the passports of foreign couples who request visas in
the diplomatic or consular missions with a view to adopting
children in Brazil. Such information should also be transmitted by
the competent mission abroad to the Ministry of External
Relations.
11. With the sole exception of the suggestion in subparagraph
(a), all the others have been incorporated in a direct or indirect
way in the Statute of the Child and Adolescent. The positive
results of actions carried out by DPF in this area led to its
participation in a working group established in 1988 by resolution
01/88 of the Minister of Justice. This preliminary work served as a
basis for the Statute of the Child and Adolescent which clearly
qualifies illegal acts related not only to trafficking but also to
international adoption.
12. DPF actions kept pace with the progression of international
trafficking in children, allowing the opening of 264 police
investigations in the country, including those carried out by the
police of the states. Those inquiries enabled the police to identify
33 methods that have been used for trafficking in children. DPF
has also been looking into the practices gangs use to "launder"
funds gained from trafficking in children, notably investments in
real estate and automobile markets and contributions to political
campaigns. Other areas of concern have been the linkage
between trafficking in children and other related crimes, such as
extortion of traffickers by the biological parents of the adopted
child, abduction of children for sale abroad and the use of stolen
cars as payment for trafficking services.
13. Nevertheless, the federal police are conscious that preventive
actions seem to constitute the best approach to combat the
international trafficking in children. The emphasis on prevention
results from the fact that curative measures have not led to
encouraging results: the several investigations carried out up to
date resulted in only one conviction for that crime. Furthermore,
identifying cases of trafficking by the resulting profits has proved
difficult. On one hand, the intermediary always alleges that the
price paid corresponded to repayment of expenses incurred
during the adoption process and to professional fees and, on the
other hand, the adopting couple does not ask for any receipt for
the transaction.
14. Preventive actions carried out at present consist of:
(a) Establishment of computer databases on international
adoptions (10,685 up to now);
(b) Investigation of all acts preceding adoption. This measure has
had positive effects for both the adopting couple and to the
judiciary. DPF is receiving increasingly more requests for
information from judges before adoptions are authorized.
Unfortunately, however, there are no unanimous views on this
controversial question. Some judges for children and adolescents
in São Paolo have reacted against what they call a control over
adoption procedures, alleging infringements of privacy and
external monitoring of judicial acts. These allegations do not
seem to be well founded as DPF action is carried out under strict
secrecy and without any interference whatsoever in the
judiciary's competence;
(c) Improved control over the procedures of issuing passports to
adopted minors and of monitoring their departure to the
countries of residence of the adopting parents, noting that the
Statute stipulates that the trip is authorized only if the adoption
is definitive;
(d) Enhanced cooperation with INTERPOL in the exchange of
information on adoptions and trafficking. This collaboration
includes participation of DPF officials in conferences and seminars
held by that international entity on these matters;
(e) Control of departures to other countries and return to Brazil
of pregnant women, in order to verify if their new-borns re-enter
the country;
(f) Elaboration of a register of agencies for international adoption
that are active in Brazil;
(g) Transmission to the executive, legislative and judicial powers
of all relevant information related to trafficking and other crimes
against children and adolescents, especially for Inquiry
Parliamentary Commissions (CPIs).
15. In spite of improvements in the legislation, the number of
adoptions has progressively increased, together with correlated
crimes. Combating these phenomena requires an adequate
infrastructure for the development of systematic work at the
national and international levels. DPF is, therefore, considering
the establishment of a self-financed governmental programme for
such work with resources from registration fees to be charged to
adoption agencies and nurseries active in Brazil and double fees
charged for issuing passports for adopted children and
adolescents. This programme, possibly to be called "National
Programme for Prevention of International Trafficking in Children",
would have as one of its priorities the improvement of monitoring
of border cities which would often be used as transit points for
adopted children.
16. In order to be able to check these allegations,
representatives of DPF proposed, at an international seminar on
crimes against minors held by INTERPOL at Lyons, France, from 7
to 9 April 1992, that emigration services of countries receiving
Brazilian children consider providing to national authorities copies
of pages 2 and 3 of their passports. The proposal was, however,
rejected with the argument that a too-large number of children
would be affected to detect just a few cases of trafficking.
Burkina Faso
[Original: French]
[14 April 1992]
17. The action taken to combat the exploitation of child labour
and child prostitution has been extensive and, in particular,
includes:
(a) Keeping street children and youth under supervision without
restricting their freedom or placing them in specialized re-
educational and vocational training institutions;
(b) A policy of keeping rural youth in the villages through the
activities of "young farmer training centres";
(c) Encouraging teachers of the Koran to take effective charge of
beggar children who come to them for religious instruction and, at
the same time, alerting them to certain forms of enslavement
such as the situation of young girls and boys employed without
any particular status or appropriate remuneration by households,
and that of young girl immigrants, in particular from countries of
the subregion, exploited by procurers.
18. As for the traffic in persons and the exploitation of the
prostitution of others, it is clear, first of all, that procuring is on
the increase in Burkina Faso. Unfortunately, the relevant
provisions of the Criminal Code, though severe, are not in fact
being applied. However, it is to be hoped that the new Criminal
Code about to enter into force will be more effectively
implemented in this particular respect.
19. It is also a fact that forced and/or early marriages persist and
that (in some regions) certain married women are still being
compelled to work to reimburse their husbands for the excessive
marriage portion he has had to pay.
20. To prevent such situations from arising, the Individual and
Family Code provides:
(a) For a minimum age for marrying of 17 for girls and 20 for boys,
subject to exceptions authorized by the court;
(b) For observance of the principle of mutual consent to the
marriage on the part of the future husband and wife and the
principle of matrimonial freedom;
(c) For prohibition of the dowry as a fundamental condition of
marriage.
21. It should be noted that the revised Criminal Code (1946)
takes into account the new forms of exploitation, in particular
with regard to children.
Finland
[Original: English]
[9 November 1992]
22. Although the sale of children does not seem to constitute a
problem in Finland, special attention should be given to attitudes
towards this problem.
23. Trafficking in and sale of children are punishable under the
law in force (chapter 25, section 1 (abduction), section 1 (a)
(white slavery) and section 2 (child abduction) of the Penal
Code). However, the actual concept of "sale of children" is not
used in the valid provisions. Instead, it is stated that whosoever
acquires control over a child with the intent of, e.g., delivering him
into a condition of restraint abroad or into helplessness in a
mortally dangerous place (section 1), using the child for immoral
purposes (section 1a) or using him in begging or for another
mercenary or immoral purpose or activity (section 2), shall be
punished.
24. Chapter 25 of the Penal Code is now being revised in
connection with the overall reform of the Penal Code. A
government bill to that effect was to be presented to Parliament
towards the end of 1992. The bill includes a proposal for a new
section 3 of chapter 25, concerning abduction. According to this
section, an offence would be considered an abduction if anyone
through violence, threat or treachery acquires control over a child
who has not reached 15 years of age, with the intent of using
the child as an object of sale of humans. Attempts have been
made to lay down the essential elements of the offence in such a
manner as to ensure that all the different cases relating to the
sale of children would be included. For punishment, imprisonment
of 2 to 10 years is proposed, which is an extremely severe
punishment in the Finnish penal scale.
25. Crimes involving trafficking in and the sale of children may be
classified as grave offences. The extradition of an offender to the
requesting country is possible under certain additional conditions.
26. Paragraphs 41 and 42 of the Programme of Action for the
Prevention of the Sale of Children, Child Prostitution and Child
Pornography relate to adoption, especially inter-country
adoption. In 1985, a new Adoption Act entered into force in
Finland (153/85), which includes provisions on inter-country
adoptions. Pursuant to section 21 of the Act, only those Municipal
Boards of Social Welfare and other bodies that have been
authorized by the National Agency for Welfare and Health may
render an inter-country adoption service. Under the same
section, the Municipal Boards of Social Welfare and bodies
rendering similar services that have obtained the authorization
referred to above may cooperate with such a foreign authority,
society or other foreign service-rendering body only as has been
recognized by the Council of Adoption Affairs operating subject to
the Ministry of Social Affairs and Health.
27. According to section 3 of the Adoption Act, a Finnish court
shall not grant an adoption if any remuneration for the adoption
has been given or promised. Adoption shall not be granted if
anyone other than the adopter has, with a view to the adoption
being granted, made or undertaken to make remunerative
payments for the maintenance of the child. According to section
53 of the Act, anyone who without an authorization, by
announcing in a newspaper or otherwise, publicly offers a child
for adoption is guilty of a punishable offence. Moreover, placing a
child with the purpose of adoption, without authorization, in a
private home to be brought up there is a punishable offence, if
the agent is other than the child's parent or his/her legal
custodian.
28. With respect to paragraph 43 of the Programme of Action, the
Ministry of Justice notes that the Decree on the Registration of
Births and Deaths (824/70) contains provisions on the issuance
of birth certificates and on the report for entry into the population
register. Pursuant to section 9 of the Adoption Act, the adoption
of a minor child may not be normally granted without his parents'
consent. Under section 10 of the Act, before the parents give
their consent, a consultation shall be arranged with them,
whereby all the social services and economic support benefits
available shall be explained to them.
29. The Hague Conference on Private International Law is
preparing a new convention on the adoption of foreign children.
Finland is involved in the preparation of the convention.
Germany
[Original: English]
[6 October l992]
30. Germany states that there are no specific bilateral or
multilateral arrangements between Germany and other countries
concerning judicial assistance in the prosecution of the sale of
children in relation to adoption or child labour, organ
transplantation, child prostitution or child pornography.
Transborder prosecution of such crimes is based on general
agreements providing for mutual judicial assistance or informal
cooperation.
31. In Germany it is an offence punishable under the Protection of
Minors in Employment Act to assign children to work or other
services comparable to that done by employees or home
workers. Children and juveniles are protected from sexual abuse
and prostitution by, in particular, the following provisions of the
Penal Code: section 174 (sexual abuse of wards); section 175
(homosexual acts); section 176 (sexual abuse of children);
section 180 (encouragement of sexual acts by minors); section
180 (a) (2) to (5) (encouragement of prostitution); section 182
(seduction). Children and juveniles are also protected by the
general provisions of section 177, section 178 (sexual coercion),
section 181 (trade in humans) and section 181 a (procuring). It is
proposed to replace sections 175 and 182 of the Penal Code with
a standard provision to protect male and female persons under
16 from sexual abuse.
32. In recent years, a new form of sexual abuse of children has
emerged through the sale and distribution of pornographic video
films. A large proportion of such films are made by amateurs, who
film children from their own family and exchange or sell them
privately. It has been estimated that video films circulate among
30,000 "lovers" of child pornography in Germany. Videos are
sometimes produced on a commercial basis and rented or sold.
Some parents allow their children to be used in such productions
for a fee. Many are made with children from the third world, either
in Germany or in their native countries.
33. Unscrupulous profit-seeking is undoubtedly the chief motive
for trade in child pornography. Since the production and
dissemination of child pornography are punishable offences under
section 184 (3) of the Penal Code, heavy "illegality" surcharges
are added to the price. The punishment for such offences
(imprisonment up to 12 months or a fine) is not considered an
adequate deterrent in view of the profits to be made. The mere
possession of child pornography material is not an offence.
Greater efforts must be made to inform the public about the
short- and long-term harmful effects suffered by children who are
used as "actors" in pornographic films.
34. It is often difficult for the authorities to effectively prosecute
offenders because the production and distribution of child
pornography are difficult to prove, especially since the
introduction of the new medium of video film. The entire
production process can be completed without assistance.
Furthermore, such films are not marketed via the normal
networks, i.e. through videotheques and sexshops, but mainly
through box-number advertisements - often in disguised form - in
magazines or tabloid newspapers. Since the mere possession of
such material is not punishable, dealers in video cassettes of this
nature can pose as collectors by keeping only the "master" and
making copies for sale as required.
35. An extensive list of measures to prevent and eliminate the
production, distribution and use of child pornography has been
introduced in the German Bundestag. A bill submitted by the
Federal Government is intended:
(a) To increase the penalty for distributing child-pornography
publications (including audio and video cassettes) to up to three
years' imprisonment;
(b) To make pornographic depictions of children an offence
carrying a penalty of up to 12 months or a fine;
(c) To make it easier to confiscate child-pornography products.
36. The sexual abuse of children which is the subject of such films
or photographs carries a penalty of up to 10 years' imprisonment
(section 176 of the Penal Code). The publication and distribution
of child pornography, including the preparations for such
(production, delivery, etc.) are absolutely banned and carry a
penalty (section 184 (3) of the Penal Code). The possession of
child pornography is to be made a punishable offence.
37. Section 184 (3) of the Penal Code relates to all pornographic
writings within the meaning of section 11 (3) dealing with the
sexual abuse of children. Under that provision, audiovisual
recordings as well as illustrations and other representations are
treated in the same way as writings.
38. A number of criminal proceedings are being conducted with
regard to the production and distribution of child pornography.
The biggest cases are probably those pending with the Public
Prosecutor's Office in Hanover and Frankfurt/Main.
Iraq
[Original: Arabic]
[28 December 1992]
39. The Government of Iraq states that the problem of the sale of
children for whatever purpose (sexual exploitation or any form of
labour, adoption, criminal activities or traffic in organs, etc.) does
not really exist in Iraq and therefore has no social consequences
in that country. Such acts fall within the comprehensive purview
of Iraqi law, which regards them as among the most serious
offences which are punishable under article 13 of the Penal Code,
even if they are committed outside Iraq. In this respect, Iraqi law
resembles other contemporary legal systems.
40. In view of the provisions of the Islamic Shariah, the system of
adoption in the form in which it is normally practised in some
States does not apply in Iraq. However, if a person wishes to
adopt a child, he can take the child into his family as if he were
the child's real father, with all the legal consequences that this
entails. From the humanitarian standpoint, this system ensures
additional rights for the child.
Japan
[Original: English]
[25 March 1993]
41. In Japan the following punitive provisions regarding the sale
of children apply:
(a) Penal Code. Article 224 (kidnapping or abduction);
imprisonment at forced labour for not less than three months nor
more than five years); article 225 (kidnapping or abduction for
profit; imprisonment at forced labour for not less than one year
nor more than 10 years); article 226 (kidnapping or abducting for
transportation to foreign country and traffic in persons;
imprisonment at forced labour for a limited term of not less than
two years); article 227, paragraph 1 (assistance in kidnapping or
abduction; imprisonment at forced labour for not less than three
months nor more than five years); article 227, paragraph 3
(receiving a kidnapped or abducted person; imprisonment at
forced labour for not less than six months nor more than seven
years);
(b) Child Welfare Law. Article 60, paragraph 2 (imprisonment at
forced labour for not more than one year or a fine of not more
than 300,000 yen), a violation of article 34, paragraph 1, item (8)
(acting as intermediary for the upbringing of a child (under 18
years of age) for the purpose of gaining profit).
42. Concerning child prostitution, article 177 of the Penal Code
makes it a crime to have sexual intercourse with a girl under 13
years of age, regardless of its method or means. Also, article 60,
paragraph 1, of the Child Welfare Law makes it a crime to induce
a child (under 18 years of age) to practise obscene acts (sexual
intercourse), and a person who instigates another and thereby
forces a child to have sexual intercourse with him is also
punished.
43. The following punitive laws regarding the prevention of
obscene acts involving children and child prostitution apply:
(a) Penal Code. The second half of article 177 (raping a girl under
13 years of age; imprisonment at forced labour for a limited term
of not less than two years);
(b) Prostitution Prevention Law. Article 6 (act of procuring a
prostitute, etc.; imprisonment at forced labour for not more than
two years or a fine of not more than 50,000 yen); article 7 (act of
embarrassing a female to engage in prostitution; imprisonment at
forced labour for not more than three years or a fine of not more
than 100,000 yen); article 8, paragraph 1 (act of the person who
committed the offence in article 7 receiving the whole or a part of
the money paid for prostitution; imprisonment at forced labour for
not more than five years or a fine of not more than 200,000 yen);
article 8, paragraph 2 (act of receiving the whole or a part of the
money paid for prostitution by taking advantage of kinship
relations; imprisonment at forced labour for not more than three
years or a fine of not more than 100,000 yen); article 9 (act of
offering financial benefits for the purpose of making a female
engage in prostitution; imprisonment at forced labour for not
more than three years or a fine of not more than 100,000 yen);
article 10 (act of making a contract for making a female engage in
prostitution; imprisonment at forced labour for not more than
three years or a fine of not more than 100,000 yen); article 11
(act of furnishing a place for prostitution; imprisonment at forced
labour for not more than three years or a fine of not more than
100,000 yen and, if such furnishing is done continuously as a
business, imprisonment at forced labour for not more than seven
years and a fine of not more than 300,000 yen); article 12 (act of
making it one's business to make a female engage in
prostitution; imprisonment for not more than 10 years and a fine
of not more than 300,000 yen); article 13, paragraph 1 (act of
offering funds, etc. needed for making it one's business to furnish
a place for prostitution; imprisonment at forced labour for not
more than five years and a fine of not more than 200,000 yen);
article 13, paragraph 2 (act of offering funds, etc. needed for
making it one's business to make a female engage in
prostitution; imprisonment at forced labour for not more than
seven years and a fine of not more than 300,000 yen);
(c) Law for Ensuring the Proper Administration of the Business of
Dispatching Workers and for Adjusting the Conditions of
Employment of the Workers Dispatched. Article 58 (act of
dispatching workers to make them engage in a job which is
harmful from the standpoint of public morals; imprisonment at
forced labour for not less than one year nor more than 10 years
or a fine of 50,000 up to 1 million yen);
(d) Child Welfare Law. Article 60, paragraph 1 (imprisonment at
forced labour for not more than 10 years or a fine of not more
than 500,000 yen), violation of article 34, paragraph 1, item (6)
(act of making a child (under 18 years of age) commit obscene
acts); article 60, paragraph 2 (imprisonment at forced labour for
not more than one year or a fine of not more than 300,000 yen),
violation of article 34, paragraph 1, item (7) (act of transferring
the custody of a child (under 18 years of age) to a person who is
liable to commit an act violating punitive laws).
44. There are the following punitive laws for the prevention of
child pornography:
(a) Article 175 of the Penal Code (act of distributing or selling an
obscene writing, picture or other object or of publicly displaying
the same or act of possessing the same for sale; imprisonment at
forced labour for not more than two years or a fine of not more
than 2,500,000 yen or a minor fine (1,000 yen up to 10,000 yen);
(b) Article 60, paragraph 2, of the Child Welfare Law
(imprisonment at forced labour for not more than one year or a
fine of not more than 300,000 yen), violation of article 34, item
(9) (act of keeping a child (under 18 years of age) under one's
control for purposes harmful to the child mentally or physically.
(For instance, an act of keeping a child under one's control for the
purpose of making pornographic objects involving the child
constitutes a crime));
(c) Article 60, paragraph 2, of the Child Welfare Law
(imprisonment at forced labour for not more than one year or a
fine of not more than 300,000 yen), violation of article 34,
paragraph 1, item (7) (act of transferring the custody of a child
(under 18 years of age) to a person who is liable to commit an
act violating punitive laws).
Liechtenstein
[Original: French]
[18 August 1992]
45. Because of the specific circumstances in the Principality of
Liechtenstein, no legislative or administrative measures have
been taken at national level to implement the Programme of
Action.
Philippines
[Original: English]
[23 March 1993]
46. The Philippines, very much aware of the child being the most
important asset of the nation, has declared as one of its policies
to provide special protection to children from all forms of abuse,
neglect, cruelty, exploitation, discrimination and other conditions
prejudicial to their development, consistent with the Convention
on the Rights of the Child. In addition to existing measures
contained under Presidential Decree No. 603 (The Child and
Youth Welfare Code), which includes, among others, access to
educational opportunities, health and welfare services, the
Government, in further strengthening its resolve towards
wholesome child development, has specially designed a
programme for prevention and deterrence of and crisis
intervention in situations of child abuse, exploitation and
discrimination which incorporates as well punitive and remedial
measures. These courses of action are contained in the very
significant and comprehensive piece of legislation recently
enacted by the Government on 17 June 1992 as Republic Act No.
7610, entitled "An Act Providing for Stronger Deterrence and
Special Protection Against Child Abuse, Exploitation and
Discrimination, Providing Penalties for its Violation and for Other
Purposes". This law covers child trafficking. However, even before
the passage of this law the Government, through its Department
of Social Welfare, has been providing services to victims of child
abuse in the form of protective custody, counselling, medical and
dental services, residential care/temporary shelter, foster homes,
adoption, legal services and educational and vocational services.
Poland
[Original: English]
[22 March 1993]
47. The phenomenon of trafficking in children, aimed at
transplantation of organs, sale of children for their sexual abuse
(prostitution and child pornography) as well as for their abuse in
labour does not exist in Poland. However, some wrong practices
in the field of international adoption may be noted. Since 1990
the number of cases concerning the adoption of Polish children
abroad has significantly increased. It is suspected that some
parents as well as other persons "offering" children for adoption
(foster home personnel, lawyers) collect high payments for the
"transaction". Action against "incorrect" adoptions abroad is
handicapped by insufficient legal regulations in the Family and
Custody Code. Until now, such provisions were not necessary as
the phenomenon of the sale of children for adoption virtually did
not exist in Poland. The Ministry of Justice has sent a bill to the
Parliament with the aim of amending the Family and Custody
Code in this respect.
48. Information is scarce as to the action taken by governmental
and non-governmental bodies to prevent the phenomenon and
to implement the Programme of Action for the Prevention of the
Sale of Children, Child Prostitution and Child Pornography; it is
therefore impossible to evaluate the report of the Working Group.
49. Criminal law penalizes "lustful acts with a minor up to 15
years old" (art. 176 of the Criminal Code) as well as sexual acts
while in the presence of a minor up to 15 years old (art. 177).
Dissemination, production, storage, consignment or transport of
publications, printed matter or pictures of a pornographic nature
are also prohibited (art. 173).
50. Transitional provisions in the Criminal Code (law of 19 April
1969, Dziennik Ustaw (Journal of Law) No. 13, item 95) include
article IX dealing with criminalization of traffic in children for
prostitution. This provision has not been incorporated into the
Criminal Code, as such felonies have never been reported in
Poland.
Spain
[Original: Spanish]
[18 February 1993]
51. The Directorate-General for the Legal Protection of Minors of
the Ministry of Social Affairs of Spain made the following
observations:
(a) There are various international provisions in this field. In
addition to those already cited in the Programme of Action, the
following conventions ratified by Spain should be taken into
account:
(i) International Convention for the Suppression of the White
Slave Traffic, signed at Paris on 4 May 1910;
(ii) International Agreement for the Suppression of the White
Slave Traffic, signed at Paris on 18 May 1904;
(iii) Agreement for the Suppression of the Traffic in Children,
Geneva, 30 September 1931;
(b) Although it does not specifically refer to the purchase and sale
of children for purposes of adoption, the Spanish Penal Code
penalizes trafficking in children (arts. 484, 485 and 486),
abduction of children and child prostitution and sexual abuse
(Book II, Title IX, of the Code), offences against sexual freedom
(arts. 429 et seq., 452 (bis) "b", "e" and "g") and child
pornography (arts. 431 and 432);
(c) Specific studies on the topic have also been carried out by
international organizations. The International Catholic Child
Bureau carried out an investigation into child pornography which
found that legislation to protect children from material intended
for adults is essential, albeit of limited application.
52. It is a proven fact that in countries as different as Chile and
the United Kingdom of Great Britain and Northern Ireland,
children have obtained pornographic material without ever having
broken the law. The immediate conclusion to be drawn from this
is the urgent need for satisfactory sex education programmes in
schools, not confined to the physical aspects but also covering
the emotional side of sexual relations. In order to be fully
effective, the programmes will need to target parents as well as
children.
53. The following specific observations are made:
(a) General. In our view, it is proper that this Programme, which
covers various spheres, should be carried out by a number of
different international organizations fully or partly concerned with
children, coordinated by the Commission on Human Rights. We
would support the organization of an international information
campaign and the proclamation of a world day for the abolition of
contemporary forms of slavery. It would also be worthwhile to
carry out studies and research into the exploitation of children,
bearing in mind the different circumstances of children in different
countries;
(b) Rehabilitation and reintegration. The authorities responsible
for the protection of minors are drawing up plans and
programmes for the integration of marginalized groups;
(c) International coordination. Spain has entered into a broad
range of conventions relating to minors, noteworthy among which
are the Council of Europe conventions on the custody of minors
and on legal status and the Convention on the Civil Aspects of
International Child Abduction of The Hague Conference. Although
these conventions are not directly relevant to the topic under
review, they are indirectly so, inasmuch as they help to alleviate
and promote awareness of children's circumstances and win
support for the law, which may help to avert potential threats.
Nevertheless, Spain should develop even closer international
relations, particularly with regard to trafficking in children;
(d) Sale of children. An effort should be made by the most
developed countries to support countries facing the greatest
difficulties in combating international trafficking in children;
(e) International adoption. The ratification of the Convention on
the Rights of the Child will entail the introduction, in the
developed countries, of machinery to prevent trafficking in
children for adoption purposes and, indirectly, trafficking for other
purposes. As to the question of financial gain, Spain intends to
make an interpretive declaration to the effect that the "improper
financial gain" referred to in the text of the Convention covers
everything except the expenditure entailed by the transfer of the
child;
(f) Child prostitution. This is one of the topics where international
cooperation is most needed;
(g) Child pornography. As already observed, the Penal Code was
amended with regard to the ill-treatment of children through Act
5/1988 of 9 June 1988, amending the wording of articles 431 and
432, under which: "Anyone who performs or causes to be
performed by others pornographic acts involving minors"; and
"Anyone who by any means disseminates, sells or exhibits
pornographic material involving minors" is liable to punishment.
54. Only paragraph 27, which requests the postal and private
courier services to detect and prevent the transmission of
pornographic material, still needs amending since article 18.3 of
the Spanish Constitution guarantees privacy of communications,
in particular of postal, telegraphic and telephone communications,
in the absence of a judicial decision.
Sri Lanka
[Original: English]
[21 October 1992]
55. Sri Lanka, with regard to this issue, states that in developing
countries poverty is an underlying factor which causes all forms of
abuses of vulnerable groups such as women and children. In Sri
Lanka, customs and traditions which encourage the trafficking in
and sale of children do not exist. The form of malpractice which
has been existing for the last two decades is the sale of children
for adoption by foreigners. The Government has therefore taken
appropriate measures to amend the Adoption Law and bring
about the necessary restriction to eliminate the "baby trade". No
private unregistered institutions or persons can allocate
adoptable children to foreign nationals under the new legislation
which came into force on 11 September 1992. Only the
Commissioner of Probation and Child Care has authority to
allocate children to foreign applicants, and only children from
State Receiving Homes and Registered Voluntary Homes can be
adopted by foreign applicants. It is an offence to keep expectant
mothers or children with mothers or without mothers for the
purpose of adoption by anybody other than a person who is in
charge of a State Receiving Home or a Registered Voluntary
Home. Those who violate this provision of the law will be
prosecuted and on conviction will be liable to a fine of not more
than Rs. 20,000 or imprisonment for two years, or both fine and
imprisonment.
56. Sri Lanka supports proposals 15 and 16. Public awareness,
strict enforcement of the laws, collective responsibility and
concerted action and commitment are needed to eradicate
trafficking in children.
Thailand
[Original: English]
[15 December 1992]
57. Thailand informed the Working Group on Contemporary Forms
of Slavery that the policy of prevention and suppression of traffic
in children has been incorporated in the work plans of the key
governmental agencies dealing with the problems of prostitution.
58. The Subcommittee under the National Committee for the
Promotion and Coordination of Women's Affairs has proposed
policies and measures which include intensification of the
suppression of trafficking in children. Severe penalties have been
proposed.
59. Thailand has also called for the inspection of passports held
by children under 15 years of age. This is a measure aimed at
effective prevention of sale of children for exploitation in illegal or
immoral activities abroad, in accordance with the Cabinet's
decision of 18 May 1977.
60. An ad hoc unit under the Police Department has been set up
to combat traffic in persons to foreign countries. Within the Thai
legal system, there exists a number of laws which are designed
to prevent trafficking in children for sexual purposes. Those that
are directly designed to deal with the problem include the
following:
(a) The sale of Women and Children Act (1928), which is still in
force today, prohibits the bringing into and the taking out of
Thailand women and children for the purposes of prostitution;
(b) The Pornography Act (1928);
(c) The Hotel Act of 1935;
(d) The (8th) Amendment of the Criminal Procedure Code (1987)
is one of the most important legal instruments for the prevention
and suppression of trafficking in women and children, and is
directed specifically at the suppression of those who are engaged
in the traffic in children.
61. The Entertainment Establishment Act (1966) defines the
attributes of those who are eligible to apply for the establishment
of entertainment places to exclude those who have broken laws
on the sale of children.
62. Parents involved in selling their children also face punishment
under the law.
63. The successive Governments of Thailand continue to tackle
the problem of the traffic in children through legislative actions,
law enforcement activities and a variety of socially-oriented
programmes.
64. The Government of Thailand refers to its "National Declaration
on Children", adopted on 30-31 August 1990 by the First National
Assembly, and subsequently endorsed by the Council of Ministers
of Thailand on 13 August 1991. It is the official proclamation of
national policy on child development to be implemented by all
related governmental and non-governmental organizations in
Thailand.
Yugoslavia
[Original: English]
[11 March 1993]
65. As far as measures designed to prevent the sale of children,
child prostitution and child pornography are concerned, article
155 of the Criminal Code of the Federal Republic of Yugoslavia
envisages more severe penalties for the sale of a supported
person or a person by his/her parents or guardian.
66. On the sale of children, it should be pointed out that, in the
former Socialist Federal Republic of Yugoslavia, this problem was
most evident in Macedonia and Kosovo. The most widespread
obstacle in conducting criminal proceedings against perpetrators
was their constant change of place of residence, which frequently
made them unavailable to the prosecution authorities.
67. Furthermore, the Criminal Code of the Federal Republic of
Yugoslavia, in its article 251, stipulates as a criminal offence
procurement, under which so-called white slavery, if a minor
female child is involved, is punishable by imprisonment from 1 to
10 years.
68. In keeping with international instruments and
recommendations made by the Secretary-General, the Criminal
Code of the Socialist Federal Republic of Yugoslavia was refined in
1990 to criminalize the presentation of pornography to a minor
under 14 years of age and to make punishable the presentation,
public exposure or otherwise making available pamphlets,
pictures, photographs, audiovisual or other material with a
pornographic content, or a pornographic show. The penalty
stipulated by law for this criminal offence is imprisonment of one
year or a fine.
69. In addition, the criminal laws of the Republics of Serbia and
Montenegro provide in their articles 111 and 100 respectively
that procurement for carnal knowledge is a criminal act. If the
subject of this criminal offence is a person over 14 years of age,
the penalty is imprisonment from three months to five years,
while providing carnal knowledge with a minor is punished by
imprisonment up to three years. The same sentence is also
imposed for procurement or enabling carnal knowledge for a
reward.
70. In order to prevent and suppress the prostitution of minors,
beside the above-mentioned penalties the Law on Public Order
and Peace of the Republic of Serbia provides for penalties for
petty offences. This law stipulates that a person providing space
to a minor for the purpose of prostitution shall be sentenced to
imprisonment of up to 60 days, and if the perpetrator is a parent
or guardian of the minor concerned, he or she shall be fined or
sentenced to imprisonment of up to 30 days. The Law on Public
Order and Peace of the Republic of Montenegro defines the same
penalty for this type of criminal offence, including a fine for a
parent or guardian of a minor engaged in prostitution.
71. In conclusion, it should be pointed out that in the 1990-1991
period no criminal offence under article 252 of the Criminal Code
of the Federal Republic of Yugoslavia was reported in the
Republics of Serbia and Montenegro.
72. With reference to paragraphs 5, 7 and 20 of Sub-Commission
resolution 1992/2 entitled "Report of the Working Group on
Contemporary Forms of Slavery", the Government of the Federal
Republic of Yugoslavia wishes to draw attention to the following.
73. Protection of children from sale, prostitution and pornography
is provided for by the Constitution of the Federal Republic of
Yugoslavia, republican constitutions and laws and other rules and
regulations concerning criminal and family legislation.
74. Abuse of children for the purpose of prostitution, use in
pornography and sale of children is sporadic, while it is most
frequent for the purpose of theft and begging. This is primarily
the case within the Romany population and, in the last few years,
this problem has assumed large proportions. However, after
appropriate measures have been taken by the Ministry of
Internal Affairs of Serbia in cooperation with social care centres,
this problem has been reduced so that thus far only one criminal
charge has been brought against a person who took two Romany
minors to Italy and sold them there to an unknown person.
75. Following reports that criminal activities of Romany minors
have intensified in the countries of Western Europe, Italy in
particular, it has been established that they were taken abroad
by their parents or with their consent with the intention to
engage in such activities. Accordingly, the parental rights of such
parents have been significantly limited or such parents have been
deprived of their parental rights and responsibilities.
76. According to the information available in the Ministry of
Internal Affairs of the Republic of Serbia, 11 requests for
instituting infraction proceedings were filed in the period between
1987 and 1992 against 11 minors because of prostitution. The
relatively small number of cases is an indication that child
prostitution and child pornography are isolated rather than
general phenomena.
II. UNITED NATIONS BODIES
Economic Commission for Latin America and the Caribbean
[Original: English]
[21 August 1992]
77. The Economic Commission for Latin America and the
Caribbean states that the issue of the sale of children falls
outside the areas of its work. Owing to its importance, however,
it will be one of the issues considered when designing policies
and programmes on social affairs, particularly those referring to
the family.
III. SPECIALIZED AGENCIES
United Nations Educational, Scientific and Cultural Organization
[Original: English]
[8 October 1992]
78. The United Nations Educational, Scientific and Cultural
Organization informed the Working Group on Contemporary
Forms of Slavery that its secretariat has just concluded three
studies on child prostitution and education. The studies were
conducted by specialists from Colombia, Benin and Thailand. It is
also hoped that they will constitute a working document for a
future joint meeting with UNICEF to take place, possibly in 1993.
World Tourism Organization
[Original: English]
[5 August 1992]
79. The World Tourism Organization (WTO) informed the Working
Group on Contemporary Forms of Slavery of its readiness to
cooperate with the Commission on Human Rights in trying to
tackle several problems addressed by the Working Group,
including child prostitution and child pornography.
80. WTO draws the attention of the Working Group to the
Tourism Bill of Rights and Tourist Code, adopted in 1985, which
sets forth standards of conduct for States, tourism professionals
and tourists with regard to this and other related issues.
81. WTO draws the attention of the Working Group to some of
the standards of conduct set forth in this document, whereby:
(a) States are reminded of the need to prevent any possibility of
using tourism to exploit others for prostitution purposes (art. IV.8
(e));
(b) Tourism professionals and suppliers of tourism and travel
services are asked to refrain from encouraging the use of tourism
for all forms of exploitation of others (art. VIII.3);
(c) Tourists themselves are requested to refrain from exploiting
others for prostitution purposes (art. XI (d)).
82. With regard to the text of the draft programme of action for
the Prevention of Traffic in persons and the exploitation of the
prostitution of others and the Programme of Action for the
Prevention of the Sale of Children, Child Prostitution and Child
Pornography, WTO agrees, in principle, with their contents and
should like to comment as follows.
83. WTO fully supports the suggestion made in paragraph 12,
annex I to resolution 1992/36 proclaiming a world day for the
abolition of slavery.
84. WTO draws attention to the name of its organization,
mentioned in Commission on Human Rights resolution 1992/74 I,
paragraph 3, which should read "World Tourism Organization"
and not "International Tourism Organization".
85. WTO agrees with the proposal made in paragraphs 30 of
annex I to resolution 1992/36 and 47 of the annex to resolution
1992/74.
86. WTO has made some reservations to the proposal made in
paragraph 16 of Sub-Commission resolution 1992/2 II and
paragraph 48 of the annex to Commission resolution 1992/74 II,
that is, WTO convening a meeting, for two main reasons:
(a) Such a meeting is not contemplated in the programme of work
or budget of WTO. The WTO secretariat cannot organize such a
meeting without prior authorization from our General Assembly;
and
(b) More fundamentally, it is doubtful that yet another conference
would bring about the desired effects in the short and the long
term.
87. WTO believes in adopting strong measures and taking
concrete steps, namely:
(a) Enforcing the necessary legislation, as already suggested by
the draft programmes of action;
(b) Strengthening and diversifying the tourism industry of
countries affected by this problem;
(c) Improving education and training at all levels, especially for
women, etc.
These steps could be more effective than convening a conference
to discuss an already well-known and painful subject. This is the
type of strategy the organization recommends to developing
countries through its activities in the field of technical
cooperation.
88. WTO should also like to underline that the very nature of
tourism is to contribute to economic development and prosperity
and to foster international peace and understanding. This,
indeed, brings about the encounter of peoples. Convening a
conference solely devoted to the problem of sex tourism would
lead to identifying tourism with the scourge we are trying to
combat. Consequently, WTO would suggest a different wording
for paragraphs 31 and 48 of the annexes to resolutions 1992/36
and 1992/74, along these lines:
"The World Tourism Organization should be encouraged, in the
context of the progressive implementation of the provisions of
the Tourism Bill of Rights and Tourist Code adopted by the Sixth
General Assembly in 1985, to develop further the range of its
activities, viz.: consumer information, in order to contribute to
prevent such practices."
89. Finally, WTO would like to reiterate its readiness to cooperate
and lend its full support to efforts to put an end to this form of
exploitation.
IV. INTERGOVERNMENTAL ORGANIZATIONS
Organization of American States
[Original: English]
[19 August 1992]
90. The General Secretariat wishes to inform the United Nations
Assistant Secretary-General for Human Rights that the request
concerning several issues, including the sale of children, has been
forwarded to the Executive Secretariat of the Inter-American
Commission on Human Rights for information and appropriate
action.
V. NON-GOVERNMENTAL ORGANIZATIONS
World Muslim Congress
[Original: English]
[25 August 1992]
91. The World Muslim Congress informs the Working Group on
Contemporary Forms of Slavery that, at present, they have no
programme dealing with the issue of the sale of children.
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