COMMITTEE ON RIGHTS OF CHILD CONCLUDES FORTY-SEVENTH SESSION

The Committee on the Rights of the Child this morning concluded its forty-seventh session, issuing its conclusions and recommendations on the situation of children in Timor-Leste and the Dominican Republic, whose reports on efforts to comply with the Convention on the Rights of the Child were considered during the session. The reports of Timor-Leste, Kuwait and Chile on efforts to comply with the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, and the reports of Timor-Leste, Germany, Ireland, Kuwait and Chile, on the involvement of children in armed conflict, were also considered, and concluding observations issued on them.

In closing remarks, Committee Chairperson Yanghee Lee briefly touched on the reports considered over the past three weeks. She highlighted that she had addressed the United Nation’s Children’s Fund (UNICEF) Executive Board meeting last week. The Committee on the Rights of the Child would henceforth be participating on a regular basis at meetings of the UNICEF Executive Board. The Committee recently obtained observer status on the UNICEF Executive Board.

Lothar Krappmann, the Committee Rapporteur, then provided an overview of work undertaken by the Committee in private during the present session. The Committee had discussed a draft General Comment on article 12 of the Convention (child participation), in follow-up to its 2006 Day of General Discussion on that topic, and it was hoped that the final text would be adopted this year. The Committee had undertaken “intense preparations” for its Day of General Discussion, scheduled for September 2008, on “the right of the child to education in emergency situations”. Discussion was also continued on ways and areas in which existing cooperation with various relevant bodies, such as the UN Refugee Agency, representatives of regional groups, the Office of the United Nations High Commissioner for Human Rights, and non-governmental organizations, could be further strengthened to enhance the promotion and protection of the rights of the child. Finally, the Committee continued its discussion of the non-governmental organization initiative to establish a complaints procedure under the Convention.

The Committee's next session will be held from 19 May to 6 June 2008 at the Palais Wilson in Geneva. Scheduled for consideration are the reports of Bulgaria, Eritrea, Chad, Serbia, and Sierra Leone under the Convention. Under the Optional Protocol on the sale of children, child prostitution and child pornography, the Republic of Korea and the United States will present reports. On the Optional Protocol on the involvement of children in armed conflict, the reports of the Philippines, the Republic of Korea and the United States are scheduled to be examined.

Final Observations and Recommendations on Reports Presented Under the Convention on the Rights of the Child

Having reviewed the initial report of Timor-Leste under the Convention, the Committee congratulated the State party on its accession to the seven main international human rights instruments, as well as the Rome Statute of the International Criminal Court. The Committee also welcomed the establishment of the national institution of human rights, the Provedor de Direitos Humanos e Justiça, noted plans for the establishment of a National Commission for the Rights of the Child, and commended Timor-Leste on the creation of the Central Civil Registry (for birth registrations).

The Committee was concerned, however, about the apparent lack of consistent legislative frameworks in many areas, including juvenile justice and education, and about delays in the adoption of laws that were instrumental to the implementation of the Convention, including the Domestic Violence Law, the Adoption Law, and the Children’s Code. Timor-Leste should also adopt a time-bound national plan of action for children, and an appropriately staffed and resourced section for child rights should be established within the Office of the Provedor. Concerned also about widespread practices by which children were removed from their family for a variety of reasons, the Committee recommended intensified efforts to develop family support programmes and to regulate practices involving the removal of children from their parents, including with a view to ensuring that children were not separated from their parents against their will. It also encouraged continued efforts to resolve the remaining cases of children separated from their families as a result of foreign occupation. The Committee further noted with concern the high demand for institutional care and the high number of institutions, resulting from widespread and persistent poverty, as well as active soliciting by individuals operating various institutions. That situation was aggravated by the apparent absence of reliable arrangements for a periodic review of placements. To address that, among other things, Timor-Leste should develop a comprehensive policy for the provision of assistance to families and a complimentary community-based service and protection system.

The Committee was also concerned that a large number of children in Timor-Leste between 6 and 11 years of age were still not enrolled in school, that less than 50 per cent of children reached grade six, and that access to schools remained problematic in some rural areas. All children should be given equal access to free primary education without any financial obstacles, and progressive measures should be taken to further increase enrolment and retention rates, including through the establishment of primary schools in every village. Regarding special protection measures, it was recommended that Timor-Leste carry out a comprehensive study to assess the scope, nature and root causes of the presence of street children in order to develop a national policy for prevention, and that it provide street children with shelters, recovery measures and social reintegration services. Finally, the Committee noted with concern that the rights of children to a fair treatment in the justice system were inadequately protected: pre-trial detention was often extended beyond the maximum period prescribed, children in detention were not always strictly separated from adults, and measures of restorative justice were not systematically considered. The Committee recommended that Timor-Leste continued and strengthened its efforts to ensure the full implementation of juvenile justice standards.

Dominican Republic

Among follow-up measures undertaken and progress achieved by the Dominican Republic in its second periodic report, the Committee noted with appreciation the adoption of legislative and other measures taken, including Law No.136-03 on the System for the Promotion and Rights of Children and Adolescents, and the establishment of a National Council on Children and Adolescents. The Committee also welcomed the State party's ratification of or accession to the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, in 2006; the Rome Statute of the International Criminal Court, in 2005; and the Hague Conventions – on international child abduction and on intercountry adoption – in 2004 and 2006, respectively.

Noting various action plans for the promotion of children's rights, the Committee was concerned that there was not one consolidated Plan of Action which ensured a coordinated approach to the implementation of children’s rights in the Dominican Republic. On statistics, the Committee was concerned that there was no base line due to the many unregistered children living in the country. It was seriously concerned that children of Haitian immigrants and Haitian descendents had restricted access to education, health and social services. Also subject to discrimination were girls – who were not given the same status as boys in legal regulations, family and society, as evident in the different marriage age of boys and girls – and poor children, children from remote rural areas and children living and working in the streets – who were excluded from the full implementation of child rights. In addition to reviewing its legislation, the Committee recommended that the Dominican Republic launch massive public campaigns to combat discriminatory attitudes and behaviours and that staff of all governmental and public institutions be trained with respect to the equal rights of all children in the Dominican Republic. Despite efforts made, the Committee was seriously concerned that a large number of children still remained unregistered and that the "pink certificate" – issued to mothers who were not documented residents – could be used as a basis of discrimination against those children, in particular with regard to access to education and services, as well as exclusion from the right to a nationality. All procedures should be revised to make sure that newborn children received a birth certificate and that in particular children from marginalized and vulnerable groups had easy access to the registration procedures.

The Committee was also concerned at allegations regarding ill- and degrading treatment of children and arbitrary deprivation of liberty. Another concern was that no explicit prohibition against corporal punishment existed for all other settings, including in the educational setting, in institutions of alternative care and in the home. The Committee was further concerned at the high number of children living in residential homes, often for many years, and of cases of abuse which had led to increased supervision of such centres. Among recommendations were that guidelines be adopted for children without parental care; that it was ensured that "hogares de paso" (temporary homes for children) was used as a temporary measure only and that those homes were periodically reviewed; and that training for personnel of residential care institutions was provided. Finally, the Committee was concerned at the large number of children in street situations who were exposed to discrimination, violence, sexual abuse and exploitation, and reported mistreatment by police and law enforcement officers. The Committee recommended that the Dominican Republic should develop a comprehensive strategy to reduce the phenomenon of children living in the streets; raise public awareness of their situation and combat misconceptions and prejudices against such children; and protect those children through targeted measures.

Final Observations and Recommendations on Reports Presented Under the Optional Protocol on the Involvement of Children in Armed Conflict

Timor-Leste

Following its consideration of the initial report of Timor-Leste on the Optional Protocol on the involvement of children in armed conflict, the Committee noted that provisions prohibiting the recruitment for military service of persons under 18 years of age had been incorporated in the Organic Law of the Armed Forces of National Liberation of East Timor-East Timor Defence Forces. The Committee also welcomed the ratification by Timor-Leste of the Rome Statute of the International Criminal Court.

The Committee regretted, however, the lack of information about dissemination of information and training with respect to the Optional Protocol. It also regretted the lack of concrete information on human rights and peace education in the school system. A further cause for regret was that Timor-Leste had so far not adopted any provisions criminalizing the forcible recruitment of children or their use in hostilities. Moreover, while noting that the Timorese children who had been involved in hostilities during Timor-Leste’s struggle for independence had long been demobilized and, in the meantime, had exceeded the age of 18 years, the Committee noted that the consequences for those children and the communities concerned persisted to this day. The Committee recommended that Timor-Leste carry out studies on the full social implications of the experiences of the children involved in hostilities during its armed struggle for independence, and that Timor-Leste aim to identify former child soldiers and provide appropriate psychological and rehabilitative services to them.

Germany

Among positive aspects in Germany's initial report under the Protocol on the involvement of children in armed conflict, the Committee welcomed that State party's contributions to projects for the rehabilitation and reintegration of child soldiers in several countries experiencing conflict or in post-conflict situations; Germany's support for the mandate of the Special Representative of the Secretary General for Children and Armed Conflict; and efforts to promote the implementation of the Guidelines on Children and Armed Conflict adopted by the European Union. The Committee further commended Germany's accession to or ratification of international instruments related to the Optional Protocol, including the Rome Statute of the International Criminal Court, in 2003; and ILO Convention No. 182 on the Worst Forms of Child Labour, in 2002.

Noting that the age limit of 17 for the recruitment of volunteers in Germany was valid only with the consent of their legal representatives, and that such volunteers were not allowed to be deployed to armed duty, the Committee nevertheless noted that the great majority of States parties to the Protocol did not permit voluntary recruitment of children. The Committee encouraged Germany to raise the minimum age for recruitment into the armed forces to 18 years in order to promote the protection of children through an overall higher legal standard. In order to further strengthen international measures for the prevention of the recruitment of children and their use in hostilities, Germany should also consider extending extraterritorial jurisdiction for crimes of recruitment and involvement of children in hostilities without the criterion of double criminality, and should ensure that all military codes, manuals and other military directives were in accordance with the provisions and the spirit of the Optional Protocol.

While welcoming amendments to the Youth Welfare Act and the Immigration Act of 2005, which recognized the recruitment of child soldiers as a form of persecution on the grounds of which refugee status could be granted, the Committee regretted that sufficient measures were not applied in order to identify refugee or asylum-seeking children entering Germany who might have been recruited or used in hostilities abroad, and it was concerned that such children had insufficient access to specialized professionals who could provide multidisciplinary assistance for their physical and psychological recovery and social reintegration in Germany. The Committee was further concerned that specially trained staff in the migration authorities was inadequate, especially when determining asylum cases for children who are 16 or 17 years of age. The Committee recommended that Germany take measures to identify at the earliest possible stage those refugee and asylum-seeking children who might have been recruited or used in hostilities; that it improve the access to information, including help lines, for asylum seeking children, reinforce the legal advisory services available for them and ensure that all children under 18 years were assigned a guardian in a timely manner; and that the situation of these children be carefully assessed and that they be provided with immediate, culturally and child-sensitive multidisciplinary assistance for their physical and psychological recovery and their social reintegration.

Ireland

Regarding Ireland's initial report on the Optional Protocol on the involvement of children in armed conflict, the Committee welcomed Ireland's ratification of or accession to the Rome Statute of the International Criminal Court, in 2002; ILO Convention No 182 on the Prohibition of the Worst Forms of Child Labour, in 1999; and the 1977 Protocol additional to the 1949 Geneva Conventions and relating to the protection of victims of non-international armed conflicts (Protocol II), in 1999. Furthermore, the Committee noted with appreciation Ireland’s activities in the area of international cooperation, including the provision of financial support for action to protect children affected by armed conflict.

The Committee regretted that Ireland had taken insufficient measures to disseminate the Optional Protocol to the public at large. It further regretted that, pursuant to the Ombudsman for Children Act, 2002, the Ombudsman's Office was precluded from investigating any action which related to or affected national security or military activity. Ireland was asked to consider amending the Ombudsman for Children Act so as to bring actions taken by the Defence Forces vis-à-vis children under the age of 18 under the purview of the Ombudsman. The Committee was also concerned that an exception in the current regulation allowed for the legal recruitment of “apprentices” who might be recruited from the age of 16 onwards, and that the 1954 Defence Act allowed persons under the age of 18 to be enlisted into the Permanent Defence Force during a period of emergency. Of further concern was that, by virtue of their status as military personnel, children in the armed forces under the age of 18 could be subjected to military law, and were excluded from the protection afforded to under-18's under the 2001 Children's Act. Among others, the Committee encouraged Ireland to consider raising the minimum age of cadets participating in weapons training provided by the Defence Forces to 18 years, and that Ireland provide all Defence Forces with adequate information and training on the provisions of the Optional Protocol, as well as other relevant international standards.

The Committee also encouraged Ireland to explicitly criminalize the direct involvement of any persons under the age of 18 in hostilities, both at home and abroad, with a view to fully respecting the spirit of the Optional Protocol and to provide full protection for children in all circumstances. To further strengthen international measures for the prevention of the recruitment of children for armed forces or armed groups and their use in hostilities, it was also recommended Ireland consider extending extraterritorial jurisdiction for crimes of recruitment and involvement of children in hostilities without the criterion of double criminality. Concerned by the absence of an identification mechanism for asylum-seeking and refugee children who might have been recruited or used in hostilities, the Committee recommended that Ireland introduce a mechanism for systematic identification of such children at the earliest possible stage, and that it provide them with immediate, culturally sensitive and multidisciplinary assistance for their physical and psychological recovery and their social reintegration.

Kuwait

With respect to Kuwait's initial report under the Optional Protocol on the involvement of children in armed conflict, the Committee welcomed Kuwait's declaration upon ratification that it was committed to maintaining a minimum age of 18 for voluntary and compulsory recruitment. It also welcomed Kuwait's accession, on 26 August 2004, to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography; the ratification, on 15 August 2000, of ILO Convention No. 182 on the Elimination of the Worst Forms of Child Labour; and Kuwait's accession, on 30 July 2007, to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction.

The Committee expressed concern that data collection and analysis of areas covered by the Optional Protocol were inadequate, including information on former child soldiers entering Kuwait. It was also concerned that human rights/peace education was not an element of the curricula of all schools at all levels. Among others, Kuwait should strengthen efforts to train teachers with respect to including those themes in children’s education. While noting Kuwait's indication that there were no armed groups in the country distinct from the armed forces, the Committee nevertheless regretted the lack of legislation on the issue of child recruitment in order to protect children from recruitment abroad. It also noted that no specific provisions existed providing for extraterritorial jurisdiction in the case of recruitment or involvement of children in hostilities when committed by or against a person who was a citizen or had other direct links with Kuwait. In order to strengthen international measures for the prevention of the recruitment of children and their use in hostilities by the State or any other entity, the Committee recommended that Kuwait ensure that the violation of the provisions of the Optional Protocol regarding the recruitment and involvement of children in hostilities was explicitly criminalized in Kuwaiti legislation; and that Kuwait consider ratifying the Rome Statute of the International Criminal Court.

Kuwait provided programmes, activities and services for child victims of crimes, and the Office of Social Development conducted specialized training courses that, inter alia, familiarized parents with children’s psychological and social problems. The Committee also noted the existence of the "Martyr’s Bureau" which was intended to help the children of persons considered "martyrs" by Kuwait, to adapt psychologically and socially to daily life. The Committee was concerned, however, that there were no programmes specifically addressing the areas covered under the Optional Protocol, and encouraged Kuwait to create and strengthen protection, recovery and reintegration programmes that were specific to the areas covered by it.

Chile

Among positive aspects in Chile's initial report under the Protocol on the involvement of children in armed conflict, the Committee welcomed that, according to Chilean legislation, children below 18 could not participate in hostilities, and that compulsory recruitment started only from age 18. The Committee also welcomed the ratification by Chile of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, in 2003; the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, in 2005; and ILO Convention No. 182 concerning the Elimination of the Worst Forms of Child Labour, in 2000.

The Committee was concerned that Chile had not taken any measure to disseminate the Optional Protocol to the public at large and to children in particular. It reiterated its concern about the lack of an independent national human rights institution through which children could access a complaint and redress mechanism, and recommended that Chile expedite the creation of such an institution, and ensure that all children had easy access to it in case of violations of their rights, including the rights covered by the Protocol. With regard to military schools, the Committee recommended that Chile added to the existing requirement for entry into military schools of the completion of secondary education the age requirement of 18 years. With respect to pre-military schools, Chile should ensure through the Ministry of Education that their curricula and practice were monitored and did not include military training or training with weapons of any kind. Adequate follow-up should also be given to any allegation of abuse or ill-treatment in those schools. Concerned by article 69 of the Armed Forces’ Recruitment and Mobilization Law stating that, "In times of war, the President of the Republic can call upon all persons, regardless of sex or age limit, to be employed in the different services that the nation requires", the Committee asked Chile to consider expressly clarifying that those provisions only applied to persons over 18 years.

In order to strengthen international measures for the prevention of the recruitment of children and their use in hostilities, Chile should ensure that the violation of the provisions of the Optional Protocol regarding the recruitment and involvement of children in hostilities was explicitly criminalized in the State party’s legislation; should consider establishing extraterritorial jurisdiction for those crimes when committed by or against a person who was a citizen of or had other links with Chile; and should consider ratifying the Rome Statute of the International Criminal Court. While welcoming the information that Chile had implemented a resettlement programme as a tool to ensure protection to Colombian refugees, as well as its commitment to receive Palestinian refugees coming from Iraq, and also noting with appreciation the projects aiming at the regularization of all children entering into Chile's territory, to guarantee access to education and health to them on an equal footing with Chilean nationals, the Committee recommended that Chile identify and assess the situation of children entering the country who might have been recruited or used in hostilities abroad, and that it provide them with immediate, culturally sensitive and multidisciplinary assistance for their physical and psychological recovery and their social reintegration. Other recommendations in this area included that Chile should adopt a comprehensive refugee law, and that it ratify the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

Final Observations and Recommendations on Reports Under the Optional Protocol to the Convention on the Sale of Children, Child Prostitution and Child Pornography

Having concluded its examination of the initial report of Timor-Leste under the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, the Committee welcomed steps taken towards the Optional Protocol's implementation, including the establishment of a Working Group on Trafficking, chaired by the Ministry of Foreign Affairs and Cooperation, which had helped to ensure that the draft Penal Code complied with relevant international standards, and had urged the development of a national action plan on human trafficking.

The Committee regretted that information and data on the extent of sale of children, child prostitution and child pornography and on the number of children involved in those activities were very limited. It noted with concern that a comprehensive National Plan of Action on the implementation of the rights of the child, including with regard to protection from the offences addressed by the Protocol, had not been developed, and that the operating procedures on human trafficking, drafted by the Working Group on Trafficking in 2004, as well as a National Action Plan on Human Trafficking, whose development had been urged by that Working Group, were not yet in place. Also of concern was the fact that no specific measures have been taken to publicize the provisions of the Optional Protocol to the wider public, and that there had been no systematic training activities on issues related to the Protocol.

Concerned, further, that no effective measures had been adopted to prevent the offences referred to in the Optional Protocol and to address risk factors, the Committee recommended that Timor-Leste strengthen its laws, administrative measures and social policies and programmes aimed at the prevention of such offences; and that it implement adequate measures aimed at addressing underlying risk factors, such as poverty, underdevelopment and cultural attitudes, which contributed to the vulnerability of children to sale, prostitution and pornography. Stressing that a proper system of birth registration was among the most important preventive measures against offences covered by the Protocol, the Committee was concerned that, despite efforts made, the rate of birth registration was still very low. The Committee was further concerned about the absence of a comprehensive and consistent system of measures and safeguards to protect child victims and witnesses within the judicial system. Timor-Leste should ensure that child victims of any of the offences under the Optional Protocol were neither criminalized nor penalized, that all possible measures were taken to avoid their stigmatization and social marginalization, and that they were protected at all stages of the criminal justice process. A further concern was that the availability of counselling and rehabilitation services was inadequate. The Committee recommended that Timor-Leste ensure that adequate services were available for all child victims, boys and girls, including for their full social reintegration and their full physical and psychological recovery; that it take measures to ensure appropriate training, in particular legal and psychosocial training, for the persons who worked with victims of offences under the Protocol; and that all child victims had access to adequate procedures to seek, without discrimination, compensation for damages. Timor-Leste was further recommended to establish a 3-digit, toll-free 24-hour national helpline for children, with an outreach component for the most marginalized groups.

Kuwait

With regard to the initial report of Kuwait under the Optional Protocol on the sale of children, child prostitution and child pornography, the Committee welcomed the State party's ratification of the other Optional Protocol to the Convention, on the involvement of children in armed conflict, in August 2006; the establishment in 2007 of the Higher Council for the Family and Children; the ratification of ILO Conventions No. 138, on the Minimum Age for Admission to Employment, in 1999, and No. 182, on the Elimination of the Worst Forms of Child Labour, in 2000; and the ratification of the United Nations Convention against Transnational Organized Crime, and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, in 2006.

The Committee regretted that reliable data on the extent of sale of children, child prostitution and child pornography was very limited, mainly due to the absence of a comprehensive data collection system, as well as to prevailing taboos in the society surrounding the issue. Also cause for regret was the absence of institutions with responsibility for receiving complaints regarding violations of children’s rights. The Committee encouraged Kuwait to consider the establishment of an independent national human rights institution empowered to receive, investigate and effectively address complaints of violations of child rights, including offences under the Optional Protocol. While noting that Kuwait considered that the phenomena of the sale of children, child prostitution and child pornography did not exist in its territory, the Committee expressed concern that Kuwaiti law did not explicitly refer to the criminal offence for the sale of children and, while the concept had been included in the offence of human trafficking, that that offence did not address all instances of sale of children, prohibiting only the sale of children as slaves. Furthermore, while the Criminal Code prohibited the printing, selling, distributing or displaying of pornography, possession of such items for personal use was not explicitly prohibited, and Criminal Code provisions mainly provided protection against sexual exploitation for the girl child as opposed to the boy child. The Committee urged Kuwait to enact specific legislation by introducing new amendments to the Criminal Code to ensure that all acts and activities referred to in the Optional Protocol were fully covered and that such legislation provided equal protection for boys and girls.

Noting with interest the establishment of a centre to regulate the situation of domestic workers and to ensure that no domestic workers under 18 were brought into the country, nevertheless, the Committee was concerned about the continued possibility of exploitation of under-18 domestic workers entering the country. The Committee was further concerned that, rather than being viewed as victims, child victims of offences under the Protocol might be considered as child offenders and, as such, might not receive adequate protection in the criminal justice system. The Committee urged Kuwait to protect the rights and interests of child victims, in particular by providing them with adequate and explicit protection in the criminal justice system. Kuwait was further urged to ensure that adequate and appropriate administrative measures, social policies and programmes were in place to protect all children that were vulnerable to the offences referred to in the Optional Protocol, and to allow for the full physical, psychological, and social recovery of child victims. Finally, the Committee recommended that Kuwait revise Ministerial Decision 125/2004 so as to guarantee complete prohibition of the use of children as camel jockeys, without exception.

Chile

With respect to the initial report of Chile under the Optional Protocol on the sale of children, child prostitution and child pornography, the Committee welcomed the numerous legislative, administrative and other measures taken, including Law N° 19927 of 14 January 2004 whereby new crimes in the areas covered by the Optional Protocol had been introduced; Act No. 20,032 of 25 July 2005, which established a support system for children and adolescents; Law 20,207 of 31 August 2007 whereby the period of limitations for sex offences against children would run from the day on which the child in question had attained the age of majority; the 2000-2006 National Plan of Action for the Decent Treatment of Children; the Framework for Action against the Commercial Sexual Exploitation of Children and Adolescents; and the National Plan of Action for Children and Adolescents 2000-2010. The Committee also welcomed the ratification by Chile of a number of international instruments, including the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, in 2005, and ILO Convention No. 182 concerning the Elimination of the Worst Forms of Child Labour, in 2000.

The Committee was concerned, however, at the fact that full harmonization between national legislation and the Optional Protocol had not been completed, especially with respect to the criminalization of all the offences covered by the Protocol. While welcoming the increase in the budget allocation to programmes and projects for the physical and psychological recovery and social reintegration of child victims of sexual exploitation, the Committee was concerned that there was still a large segment of victims left unattended. Further, while recognizing efforts to combat commercial sexual exploitation of children, the Committee was concerned about the low level of awareness about the existence of child pornography in Chile; an increase in prostitution of the boy child; and an increase in the incidence of sex tourism within the country. The Committee recommended Chile to continue measures to tackle the offences covered by the Optional Protocol, inter alia, by strengthening awareness-raising campaigns containing specific messages on child rights and on the existing sanctions on child abusers, and by undertaking further measures to prevent sex tourism, in particular through awareness campaigns specifically directed at tourists and intensifying control over those unlawful activities.

Concerned that criminal law and procedure to protect the rights and interests of child victims and witnesses were not always adequately implemented, and that children used in prostitution and pornography were not always perceived as victims but might be considered as delinquents, the Committee, inter alia, recommended that Chile ensure that professionals made every effort to enable child victims and witnesses to express their views and concerns related to their involvement in the justice process. While welcoming the setting up of two free helplines tasked with receiving calls from child victims of commercial sexual exploitation, the level of follow-up given thereto was a matter of concern. Adequate follow-up should be given and the existing helplines should be toll free, 3-digit and available 24 hours in order to have an outreach component for the most marginalized groups, including in less accessible areas.

Committee Membership

The Committee is made up of 18 Experts of high moral standing and recognized competence in the field of children's rights. The following members, nominated by the States parties to serve in their personal capacity, have been elected or re-elected to the Committee: Agnes Akosua Aidoo (Ghana); Alya Ahmed Bin Saif Al-Thani (Qatar); Joyce Aluoch (Kenya); Luigi Citarella (Italy); Kamel Filali (Algeria); Maria Herczog (Hungary); Moushira Khattab (Egypt); Hatem Kotrane (Tunisia); Lothar Friedrich Krappmann (Germany); Yanghee Lee (Republic of Korea); Rosa María Ortiz (Paraguay); David Brent Parfitt (Canada); Awich Pollar (Uganda); Dainius Puras (Lithuania); Kamal Siddiqui (Bangladesh); Lucy Smith (Norway); Nevena Vuckovic-Sahovic (Serbia); Jean Zermatten (Switzerland).

Ms. Lee is the Chairperson of the Committee; Mr. Filali, Ms. Ortiz, Ms. Aidoo and Mr. Zermatten are Vice-Chairpersons; and Mr. Krappmann is the Rapporteur.



For use of the information media; not an official record

CRC08008E