Introduction Methodology General Trends Conclusion Appendix Table 1 Direct References in the State Reports...

Transcription

1 The Status of the Rio de Janeiro Declaration and Call for Action to Prevent and Stop Sexual Exploitation of Children and Adolescents in State reports and Concluding Observations made by the Committee under the OPSC. Research Report October

2 Table of Contents Introduction... 2 Methodology... 3 General Trends... 3 Conclusion... 4 Appendix... 5 Table 1 Direct References in the State Reports... 5 Table 2 Direct References in the Committee s COs... 6 Table 3 General Themes in the Committee s COs... 8 Key for Table Author: Robin Spencer Project Manager: Roisín Fegan NGO Group for the Convention on the Rights of the Child NGO Group for the Convention on the Rights of the Child 1 rue de Varembé, 1202 Geneva, Switzerland Tel: (+41) Fax: (+41) secretariat@childrightsnet.org 2

3 Introduction In November 2008, at the Third World Congress, 137 governments met with children, international organizations, NGOS and private sector companies to develop an outline for action against child sexual exploitation called the Rio de Janeiro Declaration and Call for Action to Prevent and Stop Sexual Exploitation of Children and Adolescents (Rio Declaration). The Rio Declaration emphasises the need for a comprehensive strategy to prevent sexual exploitation and calls on governments to implement laws, policies and programmes to address the outstanding challenges that inhibit the elimination of child sexual exploitation. Now, almost two years after the drafting of the Rio Declaration it is time to evaluate whether States are implementing the Declaration in practice and whether the Committee on the Rights of the Child (the Committee) is incorporating the Declaration into its recommendations. This report considers how the Rio Declaration has been referenced in the State reports and the Committee s Concluding Observations in the six OPSC sessions in 2009 and. Methodology Three documents were evaluated for each of the 20 countries reviewed in 2009 and : the State parties OPSC report, the States Written Replies to the List of Issues, and the Committee s Concluding Observations. To analyze the number of direct references to the Rio Declaration, these documents were searched for any explicit mention of the Rio Declaration Rio Call to Action Third World Congress Rio Outcome Document. The number of direct references in the State reports and the Concluding Observations are reported in Table 1 and Table 2, respectively. More in-depth research was conducted on the Concluding Observations made by the Committee under the OPSC. The Concluding Observations were reviewed to determine whether the general themes of the outstanding challenges (points 9-22), listed in the Rio Outcome Document (pages 2-4), were incorporated into the Committee s recommendations to the States. Every time the Committee s Concluding Observations hinted at one of the general themes of the outstanding challenges, the page number was recorded. Also, the total number of general themes referenced was tallied. These results are reported in Table 3. General Trends Direct References in State party reports Of the 20 countries reviewed in 2009 and, only six States made a direct reference to the Rio Declaration in the State party report. Only one out of the six countries explicitly stated that it was working to ensure common knowledge of the Rio Declaration and address the issue of sexual exploitation. The five other direct references expressed States plans to participate in the Third World Congress or reported States participation in the Third World Congress. It is important to note that 15 of the 20 countries submitted their report before the invitations to the Third World most of these reports were formally submitted to the Committee before the Congress took place (i.e. before summer 2008), therefore these States party reports would not mentioned the Rio Declaration, but they might mention the up-coming Congress. Direction References in the Committee s Concluding Observations 3

4 The Committee did not consistently reference the Rio Declaration in its Concluding Observations; it was referenced in only 12 of the 20 documents adopted in 2009 and. When referenced, the Rio Declaration appeared under the Committee s recommendation for a National Plan of Action, in which the Committee invited or recommended the State party to pay attention to Declaration, Agenda for Action and Global Commitment put forth at the three World Congresses against Commercial Sexual Exploitation of Children. There does not appear to be any explanation for why it was recommended to these 12 countries and not the others, because the Committee made this recommendation to at least one country during each of the six sessions held in 2009 and. Furthermore, the CRC Treaty Specific Guidelines, last updated 1 October, do not included any direct reference to the Rio Declaration or the Third World Congress. General Themes of the Rio Declaration in the Committee s Concluding Observations The majority of the general themes of the challenges outlined in the Rio Declaration were raised in the Committee s Concluding Observations; all 20 countries received recommendations that corresponded with 6 to 11 of the general themes of the Rio Declaration s outstanding challenges/concerns. However, the Committee s recommendations did not touch upon the Rio Declaration s concern for the protection of children s sexual development (16); the use of free, accessible education as a prevention mechanism (17); the link between child sexual exploitation and family violence (20). The Committee s Concluding Observations infrequently addressed the children s right to express their view (15) and the special status of child victims (18). Conclusions Taken together, these preliminary results suggest that the Rio Declaration is not consistently referred to by the Committee. The lack of direct references in the State party reports was somewhat expected, given that many of the reports were submitted before the Declaration was even drafted. But it was unexpected that the Committee s Concluding Observations did not consistently reference the Rio Declaration. It was also surprising that the new CRC Treaty Specific Reporting Guidelines, which cover the inclusion of information on the OPSC and OPAC for periodic reports, contained no reference to the Declaration. Although the Committee s recommendations in 2009 and covered most of the general themes raised in the Rio Declaration, more work needs to be done to ensure that the Rio Declaration is being consistently promoted and referred to by the Committee both in the dialogue with the states and the Concluding Observations. The Committee should be encouraged to refer to the Rio Declaration and Call for Action to strengthen the implementation of the OPSC. While this research did not cover the relevant articles of the Convention on the Rights of the Child (CRC), the Rio Declaration and Call for Action should also be consistently mentioned in the Concluding Observations in relation to the CRC. This will not only reinforce the recommendations of the Committee, but it will ensure that all the States parties, which have not ratified the OPSC or have not yet reported on it, are still bound to their commitment to the implementation of goals and targets of the Call for Action to prevent, prohibit and stop sexual exploitation of children and adolescents and to provide the necessary support to children who have fallen victim to it. 1 1 Preamble of the The Rio de Janeiro Declaration and Call for Action to Prevent and Stop Sexual Exploitation of Children and Adolescents 4

5 Appendix Table 1 Direct References to Rio Declaration in the State party reports Country Date of Submission Date of Review XXth Report Direct References Context of References Argentina 15 Feb June Initial 1 p. 58 Participated in Latin American Regional Prep Meeting for 3 rd World Congress Belgium 20 July 2009 June Initial 1 p. 75 Belgium took part in the 3 rd World Congress in 2008 Bosnia & May 2008 Oct Initial 0 Herzegovina Columbia 1 Sept 2008 June Initial 1 p. 25 Expressed plans to participate in 3 rd World Congress Ecuador 20 Mar 2008 Jan Initial 1 p. 6 (Written Response to List of Issues) Stated it is developing a stance to present at 3 rd World Conference El Salvador 3 April 2008 Jan Initial 0 Estonia 15 May 2008 Jan Initial 0 Japan 22 Apr 2008 June Initial 1 p. 9 (Written Response to List of Issues) Stated commitment to proactively addressing sexual exploitation and working to ensure common knowledge about the Rio Declaration Macedonia Jan 2008 June Initial 0 Maldives 13 Sept 2007 Jan 2009 Initial 0 Mongolia 31 Mar 2008 Jan Initial 0 Montenegro 25 May Oct Initial 1 p. 26 Stated that it actively shared about experiences at the 3 rd World Congress in 2008 Netherlands 24 Sept 2007 Jan 2009 Initial 0 Nicaragua 17 June 2008 Oct Initial 0 Oman 11 Oct 2007 June 2009 Initial 0 Poland 13 Dec 2007 Oct 2009 Initial 0 Serbia July 2009(?) June Initial 0 Sierra Leone 31 Mar 2008 Oct Initial 0 Slovenia 16 Nov 2007 June 2009 Initial 0 Yemen 15 Feb 2008 Oct 2009 Initial 0 5

6 Table 2 Direct References to the Rio Declaration in the Committee s Concluding Observations (COs) Country Date of COs XXth Repo rt Direct References Context of References Argentina 11 June Initial 1 p. 3 National Plan of Action: invited to pay attention to Declaration/Agenda put forth at the three World Congresses against Commercial Sexual Exploitation of Children Belgium 11 June Initial 0 Bosnia & Herzegovina 1 Oct Initial 1 p. 3 National Plan of Action: should take into account the Declaration/Agenda adopted at the three World Congresses against Commercial Sexual Exploitation of Children Columbia 11 June Initial 0 Ecuador 29 Jan Initial 1 p. 3 - National Plan of Action: invited to pay attention to Declaration/Agenda put forth at the three World Congresses against Commercial Sexual Exploitation of Children El Salvador 29 Jan Initial 0 Estonia 29 Jan Initial 1 p. 3 - National Plan of Action: invited to pay attention to Declaration/Agenda put forth at the three World Congresses against Commercial Sexual Exploitation of Children Japan 11 June Initial 1 p. 3 - National Plan of Action: invited to pay attention to Declaration/Agenda put forth at the three World Congresses against Commercial Sexual Exploitation of Children Macedonia 11 June Initial 1 p. 3 - National Plan of Action: invited to pay attention to Declaration/Agenda put forth at the three World Congresses against Commercial Sexual Exploitation of Children Maldives 30 Jan 2009 Initial 0 Mongolia 29 Jan Initial 0 Montenegro 1 Oct Initial 1 p. 3 National Plan of Action: should take into account the Declaration/Agenda adopted at the three World Congresses against Commercial Sexual Exploitation of Children Netherlands 30 Jan 2009 Initial 1 p. 2 National Plan of Action: recommended to take into account the outcome documents of the three World Congresses against Commercial Sexual Exploitation of Children Nicaragua 1 Oct Initial 1 p. 3 National Plan of Action: should be inspired by the Declaration/Agenda for Action adopted at the three World Congresses against Commercial Sexual Exploitation of Children Oman 12 June 2009 Initial 0 6

7 Poland 2 Oct 2009 Initial 1 p. 3 National Plan of Action: should pay attention to Declaration/Agenda put forth at the three World Congresses against Commercial Sexual Exploitation of Children Serbia 11 June Initial 1 p. 3 National Plan of Action: take into account the Declaration/Agenda adopted at the three World Congresses against Commercial Sexual Exploitation of Children Sierra 1 Oct Initial 0 Leone Slovenia 12 June 2009 Initial 1 p. 3 National Plan of Action: invited to pay attention to Declaration/Agenda for Action put forth at the three World Congresses against Commercial Sexual Exploitation of Children Yemen 2 Oct 2009 Initial 0 7

8 Table 3 General themes in the Committee s Concluding Observations (COs) Country Date of COs Argentina Belgium Bosnia & Herzegovina Columbia 11 June 11 June 1 Oct 11 June XXth repor t Number of themes ** Each theme was counted once Specific Theme (See Key for Short Hand to identify how the themes correspond with the Rio Declaration s Outstanding Challenges.) Initial 10 p. 2 Data; Legal Definitions; p. 3 Coordination with stakeholders; Children s Views; Resources/Training p. 4 Resources; Data; Impunity for Perpetrators; Coordination among stakeholders p. 5 Legal Definitions; p. 6 Impunity for perpetrators; Measures to Reduce; Identification of vulnerable ch; p. 7 Reintegration; Training p. 8 Circulation of Info Initial 8 p. 2 Data; p. 3 Legal Definition; Coordination with stakeholders; p. 4 Training; p. 5 Resources; Data; Measures to Reduce p. 6 Legal definitions; Impunity for Perpetrators p. 7 Identification of vulnerable ch p. 8 Circulation of Info Initial 9 p. 2 Data p. 3 Legal Definitions; Coordination with stakeholders; p. 4 Resources/Training; p. 5 Measures to Reduce p. 6 Legal Definitions; Impunity for Perpetrators p. 7 Special Status p. 8 Reintegration p. 9 Circulation of Info Initial 10 p. 2 Data p. 3 Coordination with stakeholders; Training p. 4 Resources; Data p. 5 Legal Definitions; Impunity for Perpetrators p. 6 Identification of vulnerable ch; Resources; Children s Views; Special Status p. 7 Reintegration p. 8 Coordination with stakeholders; Circulation of Info 8

9 Ecuador El Salvador Estonia Japan Macedonia 29 Jan 29 Jan 29 Jan 11 June 11 June p. 9 Circulation of Info Initial 9 p. 2 Data; Legal Definitions p. 3 Coordination with stakeholders; Resources/Training p. 4 Resources; Data p. 5 Coordination with stakeholders; Legal Definitions p. 6 Impunity for Perpetrators; Identification of vulnerable ch; Training p. 7 Special status; Reintegration; p. 8 Circulation of Info Initial 10 p. 2 Data p. 3 Legal Definitions; Coordination with stakeholders; p. 4 Resources/Training; Measures to Reduce p. 5 Measures to Reduce; Legal Definitions; p. 6 Impunity for Perpetrators; p. 7 Children s views; Special Status; Measures to Reduce; p. 8 Reintegration; Coordination among stakeholders; Circulation of Info p. 9 Circulation of Info Initial 10 p. 2 Data; Legal Definitions p. 3 Coordination with stakeholders; p. 4 Resources/Training p. 5 Coordination with stakeholders p. 6 Measures to Reduce; Data; p. 7 Legal Definitions; p. 8 Impunity for Perpetrators; Identification of vulnerable ch p. 9 Special Status; Reintegration; p. 10 Circulation of Info Initial 9 p. 2 Data; Legal Definitions; Coordination with stakeholders; p. 3 Resources/Training p. 5 Measures to Reduce; Legal Definitions; p. 6 Impunity for Perpetrators; Special Status p. 7 Reintegration; Resources; Coordination with stakeholders p. 8 Circulation of Info Initial 9 p. 2 Data p. 3 Identification of vulnerable ch; Legal Definitions; p. 4 Coordination with stakeholders; Training p. 5 Resources; Coordination with stakeholders; 9

10 Maldives Mongolia Montenegro Netherlands Nicaragua 30 Jan Jan 1 Oct 30 Jan Oct p. 6 Data; Coordination with stakeholders; Measures to Reduce; Identification of vulnerable ch; p. 7 Legal definitions; Impunity for Perpetrators; Special Status p. 8 Special Status; Coordination with stakeholders; p. 9 Circulation of Info Initial 10 p. 2 Data; Legal Definitions; Measures to Reduce; p. 3 Coordination with stakeholders; Resources/Training; p. 4 Measures to Reduce; Coordination with stakeholders; Legal Definitions; p. 5 Impunity for Perpetrators; Resources; Special Status; Data p. 6 Reintegration; Coordination with stakeholders p. 7 Circulation of Info Initial 8 p. 2 Data; Legal Definitions; Measures to Reduce; p. 3 Resources/Training p. 4 Measures to Reduce; Coordination with stakeholders; p. 5 Impunity for Perpetrators; Resources; Special Status; Reintegration; Data p. 6 Reintegration; Coordination with stakeholders; Circulation of Info Initial 9 p. 2 Data; Legal Definitions; p. 3 Coordination with stakeholders; Resources/Training p. 4 Resources/Training p. 5 Data; Measures to Reduce; Coordination with stakeholders; p. 6 Identification of vulnerable ch; Legal Definition; p. 7 Impunity for Perpetrators p. 8 Reintegration p. 9 Circulation of Info Initial 6 p. 2 Data; p. 3 Coordination with stakeholders; Resources/Training; p. 4 Measures to Reduce; Coordination with stakeholders; p. 5 Legal Definitions; Special Status; p. 6 Circulation of Info Initial 10 p. 2 Data; Legal Definitions; Coordination with Stakeholders p. 3 Resources; Measures to Reduce p. 4 Resources/Training; Data; p. 5 Measures to Reduce; Coordination with Stakeholders; Training; Legal Definitions; p. 6 Impunity for Perpetrators p. 7 Resources and Training; Identification of vulnerable ch; Special Status; Reintegration; 10

11 p. 8 Circulation of Info Oman 12 June 2009 Initial 10 p. 2 Data; p. 3 Coordination with stakeholders; Training p. 4 Resources; Data; Measures to Reduce; p. 5 Legal Definitions; Impunity for Perpetrators; p. 6 Identification of vulnerable ch; Resources/Training; Special Status; Children s views p. 7 Reintegration; Coordination with Stakeholders p. 8 Circulation of Info Poland 2 Oct 2009 Initial 10 p. 2 Data; p. 3 Children s views; Coordination with Stakeholders; p. 4 Resources/Training; p. 5 Measures to Reduce; Data; Identification of vulnerable ch; p. 6 Legal Definitions; p. 7 Special Status; Resources; p. 8 Reintegration p. 9 Circulation of Info Serbia 11 June Initial 11 p. 2 Data; Legal Definitions; p. 3 Children s views; Coordination with stakeholders; Resources; p. 4 Resources/Training; p. 5 Resources; Coordination with Stakeholders p. 6 Measures to Reduce; Data; Identification of Vulnerable ch; Coordination with Stakeholders; p. 7 Identification of Vulnerable ch; Legal Definitions p. 8 Impunity for Perpetrators; Measures to Reduce; Special Status; p. 9 Reintegration; Resources; p. 10 Circulation of Info Sierra Leone 1 Oct Initial 9 p. 2 Data; Legal Definitions; p. 3 Coordination with Stakeholders; p. 4 Resources/Training; p. 5 Resources; Measures to Reduce; p. 6 Measures to Reduce; p. 7 Legal Definitions; Impunity for Perpetrators; p. 8 Special Status; Resources/Training; p. 9 Reintegration; Circulation of Info Slovenia 12 June Initial 7 p. 2 Data 11

12 Yemen 2009 p. 3 Coordination with Stakeholders; p. 4 Training; Measures to Reduce; p. 5 Legal Definitions p. 6 Measures to Reduce; Reintegration; Legal Definitions p. 7 Circulation of Info 2 Oct 2009 Initial 10 p. 2 Data; Legal Definitions p. 3 Coordination with stakeholders; Training p. 4 Resources; Coordination with stakeholders p. 5 Measures to Reduce; Resources; Reintegration p. 6 Legal Definitions; p. 7 Legal Definitions; Impunity for Perpetrators p. 8 Legal Definitions; Special Status; Identification of vulnerable ch; Training p. 9 Reintegration; p. 10 Coordination with stakeholders; Circulation of Info 12

13 Key to the Shorthand Used in Table 3 for the Outstanding Challenges in the Rio Declaration (Full Text pp. 2-4 of the Rio Outcome Document) (9) Identification of vulnerable ch (Gaps in identification of children who are vulnerable to sexual exploitation, gaps in knowledge and understanding for how to address the trends, manifestations) (10) Coordination with stakeholders (Lack of coordinated action among those involved in protection) (11) Legal Definitions (Laws do not adequately define and criminalize acts of sexual exploitation to meet the international standards) (12) Resources/Training (Law enforcement is hindered by the lack of resources and training) (13) Impunity for Perpetrators (Perpetuated by the lack of investigation and prosecution of offenders, and lack of consistent extraterritorial jurisdiction/extradition regulations/mutual legal assistance agreements) (14) Measures to Reduce (Insufficient focus on reducing and eliminating the demand for sex with children; inadequate sanctions against sexual abusers) (15) Children s Views (Children s views are not consistently incorporated into national legislation/practice) (16) Protection for children sexual development (Protection for children s sexual development empowers against abuse/exploitation) (17) Education resources (Insufficient resources to make education free, accessible and high quality for all children as an essential component for prevention against sexual exploitation) (18) Special Status (Laws do not recognize the special status of children and their right to safety if returned to place of origin) (19) Reintegration (Not enough feasible measures to ensure appropriate assistance to children victims/including social reintegration, psychological recovery, assistance) (20) Link to Family Violence (Programmes and policies do not acknowledge the link between sexual exploitation/family Violence) (21) Data (Lack of reliable, disaggregated data on prevalence and nature of sexual exploitation of children; inadequate evaluation of legislation and other measures to stop sexual exploitation) (22) Circulation of Info (Information circulations that is not up to date or based on field-based experience in area of prevention and protection of children; insufficient sharing of experiences) 13