COMMITTEE ON RIGHTS OF CHILD EXAMINES REPORT OF SYRIA ON SALE OF CHILDREN, CHILD PROSTITUTION AND PORNOGRAPHY
The Committee on the Rights of the Child this morning reviewed the initial report of Syria on how that country is implementing the provisions of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.
In opening remarks to the Committee, Mona Ghanem, Chairperson of the Syrian Commission for Family Affairs, highlighted the fact that, for the first time, the issue of child protection had been raised at the national level during the first conference of childhood in 2003. Consequently, the Syrian Commission on Family Affairs, in cooperation with relevant institutions and ministries, had submitted a draft National Plan of Action for the protection of children from violence, neglect and abuse, which was approved by the Council of Ministers in October 2005. Subsequently, 56 million Syrian pounds, or approximately $ 1 million, were allocated for the plan for the year 2006.
Committee Expert Awich Pollar, who served as Rapporteur for the report of Syria, said that he welcomed Syria’s respect for the values of the Protocol and its achievements in the area, but the Committee would always expect more. He wanted to know how children not under parental care were handled in Syria. He also requested further clarification on the reasons for Syria’s reservations to the Convention.
Other Committee Experts raised questions related to, among other things, whether there were protections for child victims in the legal system, such as the option of having their testimony videotaped; light penalties for sexual crimes against children; the phenomenon of “marriages of pleasure”, in which young girls were married off to older men and then left with children to care for and no financial support; and specific efforts to eliminate the phenomenon of honour killings.
The Committee will release its formal, written concluding observations and recommendations on the report of Syria towards the end of its three-week session, which will conclude on 29 September.
The delegation of Syria consisted of representatives from the Syrian Commission for Family Affairs and the Ministry of Justice, as well as a representative from the Permanent Mission of Syria to the United Nations Office at Geneva.
As one of the States parties to the Convention, Syria is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.
When the Committee’s Chamber B, reconvenes at 3 p.m., it will take up the initial report of Denmark on the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography (CRC/C/OPSC/DNK/1). Chamber A of the Committee is today considering the initial report of Congo.
Report of Syria
The initial report of Syria on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC/C/OPSC/SYR/1) says that despite the fact that the crime of selling children is not explicitly prohibited in Syria, it is adequately covered by existing legislation. The Penal Code provides that persons who abduct a minor for the purpose of committing an offence against their chastity shall be liable to a penalty of not less than 21 years of hard labour. Moreover, Syria has signed and acceded to many related international instruments, among others, the International Convention for the Suppression of Traffic in Women and Children and the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others. The production, exporting or importing of pornographic materials is an offence punishable by law. While there is no explicit reference in the Code to the use of children in particular, more severe penalties are imposed when children are employed in this business.
The Syrian Commission for Family Affairs, in cooperation with both governmental agencies and civil society associations, has established a national committee for the protection of children from violence and exploitation in all their forms. On 10 May 2005, the Rainbow for a Better Childhood organization joined forces with UNICEF to establish a national team for the protection of children from sexual exploitation. A study on coverage of the rights of the child in the Syrian press has been conducted in cooperation with UNICEF and a number of televised workshops on battered children and child labour have been held. The Ministry of Information, for its part, has used its audio-visual and print outlets to discuss many social and educational aspects of the issues of battered children, child labour, dropping out of school, the education of girls and other subjects.
Presentation of Report
MONA GHANEM, Chairperson of the Syrian Commission for Family Affairs, said that, just recently, Syria had completed a long series of round-table discussions with all relevant institutions to lift the reservations related to articles 20 and 21 of the Convention on the Rights of the Child as well as on the reservation on the Optional Protocol. The Government had approved the lifting of those reservations and it had already been submitted to the legislature for final promulgation and implementation in due course.
Ms. Ghanem said that Syria was witnessing a revolution in terms of reviewing and updating its national law in line with international standards and international human rights laws. The Penal Code and the Personal Status Code were currently undergoing an in-depth review to ensure the full and proper protection of the girl child and women and to eliminate all kinds of discrimination against children and women. Special attention was being given to honour crimes. Furthermore, the first draft of the child law, which reflected the spirit of the Convention and its two protocols, was ready for discussion.
For the first time, Ms. Ghanem highlighted, the issue of child protection had been raised at the national level during the first conference of childhood in 2003. Consequently, the Syrian Commission on Family Affairs, in cooperation with relevant institutions and ministries, had submitted a draft National Plan of Action for the protection of children from violence, neglect and abuse, which was approved by the Council of Ministers in October 2005. Subsequently, 56 million Syrian pounds, or approximately $ 1 million, were allocated for the plan for the year 2006.
Ms. Ghanem affirmed that the Syrian Commission for Family Affairs had ensured a participatory approach in the National Plan and had established a local committee composed of intellectuals, civil society organizations, government institutions and others to follow-up on the implementation of the National Plan. In that regard, a comprehensive research project had been carried out in two major cities – Damascus and Aleppo – in order to identify reasons of child sexual exploitation.
The Ministry of Social Affairs and Labour had two centres to host delinquent girls. Those centres offered psychological and medical assistance, illiteracy alleviation, and capacity development. Furthermore, Ms. Ghanem observed, two shelters for victims of violence had been established by the civil society organization, the Good Shepherd. A gender-sensitive database for child protection was currently being developed within the Central Bureau for Statistics. A help line was also being set up by the Ministry of Social Affairs, which was expected to be operational in 2007. The concept of child protection and children’s rights were being integrated in school curricula and a manual on child rights was being produced for teachers and parents. A national conference on integrating those concepts in higher education curricula would be conducted by the end of October 2006 jointly by the Ministry for Social Affairs and Labour and the Ministry of Education. Also, a comprehensive national campaign had been launched to raise awareness on violence against children, with billboards, posters, songs, cartoons and television spots and a special television programme on violence against children.
Turning to the issue of trafficking, Ms. Ghanem recalled that the Ministry of Foreign Affairs was responsible for national coordination on the issue. The Syrian Government was working closely with the International Organization for Migration in combating human trafficking.
Finally, Ms. Ghanem drew attention to the fact that Syria had hosted a regional meeting in conjunction with the United Nations High Commissioner for Human Rights in 2003, on the issue of setting up a mechanism to promote the recommendations of the Committee on the Rights of the Child. In May 2006, the Arab League technical advisory committee for childhood had been held in Syria, and had been attended by 18 delegations. High priority issues were highlighted such as children without parents, the child victim and witness of crime, and the United Nations standards to implement the Convention and its two Optional Protocols.
Questions by Experts
AWICH POLLAR, the Committee Expert serving as Rapporteur for the report of Syria, said that he welcomed Syria’s respect for the values of the Protocol and its achievements in this area, but, although Syria had gone a long way, the Committee would always expect more. He wanted to know how children not under parental care were handled in Syria. He also requested further clarification on the reasons for Syria’s reservations to the Convention. Finally, he was concerned about the statistics provided. What was the age of the minor girls referred to?
Another Expert wished to raise the issue of the child as a victim in the legal sphere and measures for reinsertion, compensation, etc., that were granted. Was the status of a child regulated by the law on juvenile delinquency or by the Code of Legal Conduct for adults? Were children provided with counsel free of charge and was such counsel obligatory or was someone other than a lawyer allowed to represent the child? Were there protections for child victims in the legal system such as a limit to the number of times a child could be heard in court, or the option of having their testimony videotaped? He noted that there were only two centres to assist child victims, and he felt that was probably insufficient.
An Expert noted that there were no specific prohibition in Syrian law on the sale of children and the laws regarding trafficking were not specific. Regarding child prostitution, the Penal Code provided for a sentence of three months to three years for someone who habitually incited persons under 21 to commit sexual acts for money. He cited many other relevant examples from the penal code, which appeared to apply very low penalties for the acts committed, and he wondered if there were any plans to alter them?
Regarding the workshops and trainings conducted with the United Nations Children’s Fund and the UN Refugee Agency to disseminate the Convention and its protocols, an Expert wanted to know what the target audience had been and who had been trained. She also brought up reports of the phenomenon of “temporary” marriages or “marriages of pleasure” – cases in which very young girls, as young as 12 years old, were married off to men from the Gulf States. Those girls became pregnant, and then the men they were married to disappeared. What did the delegation know about that phenomenon and what was being done to address the situation?
An Expert was concerned that, with regard to the definition of child prostitution in law, first it was defined as a crime and later it appeared to be treated as a contract issue. The delegation had said that honour killings had been the focus of reforms and she would like to know what efforts had been made in that area. Concerning the Conference in Yokohama on the commercial sexual exploitation of children, and the resulting plan of action, did Syria have a mechanism in place to implement and monitor progress on that plan of action? Finally, she highlighted that the Optional Protocol appeared only to apply to children under 15 years of age and not 18, as envisaged.
Discussion
The delegation, responding to the questions, said that there were numerous Iraqi refugees as well as displaced Lebanese people in Syria and it was for that reason that Syria had redoubled its efforts to prevent trafficking and prostitution.
In terms of removing the reservations to Articles 20 and 21 of the Convention, on children removed from the family environment and adoption, the delegation stressed that Syria were greatly concerned about children without parental care and orphans. An NGO, the Rainbow Institution, had set up centres and shelters that provided foster care in rural areas. Regarding adoption, that area was regulated by religious law. Orphan children could be reared and educated by a family but did not take the family name. Such children inherited one third of the family estate, according to the recommendation of the Mufti at the end of 2005, but that was not legally binding. A bill regarding inheritance for adopted children was before parliament.
The delegation said that, regarding honour killings, which were certainly prevalent in certain areas of Syria as it was tribally linked, Syria had taken steps to review the law on civil status and to ensure non-discrimination against women and gender equality. Syria was working to remove the reservations to the Convention on the Elimination of Discrimination against Women and petitions had been undertaken to prohibit such acts.
An Expert asked what the sanctions were in the Penal Code for serious offences, including honour killings.
The delegation said that there was no capital punishment for children and that in every case the punishments for children responsible for criminal acts were less than for adults.
An Expert asked what government agency or mechanism was responsible for ensuring that Syrian legislation was in conformity with international conventions and instruments?
The delegation replied that the Commission for Family Affairs was responsible for the area of family affairs, women and children. The Commission was responsible for reporting on international treaty commitments and for monitoring and follow up. However, the Commission was new and was just in the process of setting up those follow-up mechanisms. She emphasized that the present report was a breakthrough in terms of reporting on sexual offences in a culture in which sex was a taboo. She knew that more could be done. In particular, awareness raising was needed and for that reason they had initiated campaigns, including a children’s parliament, to train children to be accustomed to speaking up for their rights, including in cases of sexual offences.
In terms of the planned training programmes, they would target law enforcement officials and staff in children’s centres. UNICEF had a training programme for law enforcement already in place, the delegation confirmed.
An Expert felt that the child was absent from all of the programmes and policies regarding them. He wished to know what input children had had in that area.
The delegation replied that a booklet on the Convention had been compiled which included children’s own depictions of the various principles contained therein. There had been numerous meetings with children in which they were asked to write their needs and requests to be sent to the President. Public awareness messages produced by the Ministry of Social Affairs and the Family were also broadcast on a children’s cartoon channel.
The delegation affirmed that the Convention was part of the school curriculum up to high school. A manual had also been produced for parents to explain the Convention to children.
Concerning marriage with peoples from the Gulf States, the so-called “marriage of pleasure”, was common among certain groups only such as the Shi’ites in Iran. It was a religious marriage only, not a civil marriage. The marriage was not legally binding, but, with a certificate of the religious marriage, the children resulting from such marriages could be registered. However, as the men did not have Syrian nationality, if they abandoned the wife and child they were able to escape paying alimony. The phenomenon was directly related to poverty – as often it was the case of a forced marriage between poor young women and older wealthy men. However, the delegation did not think the problem was widespread. It should be treated, rather, in the context of combating all early marriages. In that regard, in cooperation with UNIFEM, Syria was trying to update its strategy on women and to prevent early marriages in Syria.
On the issue of child witnesses, the delegation confirmed that child witnesses would be required to testify first before the police and then before the court. They did not have the option to be videotaped.
On the issue of the age for application of sanctions with regard to the Optional Protocol, the delegation confirmed that consensual sexual relations were not criminalized for children over 15 years of age.
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