COMMITTEE ON RIGHTS OF CHILD EXAMINES REPORT OF UKRAINE ON SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY

The Committee on the Rights of the Child this morning reviewed the initial report of Ukraine 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.

Presenting the report, Fedora Grytsenko, Deputy Head of the Department on the Adoption and Protection of the Rights of the Child within the Ministry for Family, Youth and Sport of Ukraine, said that, in 2006, Ukraine had updated its penal code and undertook other measures to further the rights and interests of children, including by bringing national law into conformity with international standards. Among international agreements that Ukraine had acceded to that were related to the Protocol were the UN Convention against Transnational Organized Crime and its Optional Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the European Convention on the Rights of the Child. Also, in March 2006, the Department on the Adoption and Protection of the Rights of the Child was created within the Ministry for Family, Youth and Sport to ensure priority was given to the protection of children and to address issues involving the sale of children, child pornography and child prostitution. In Ukraine, 28 centres for psychosocial rehabilitation and 22 centres for psychosocial assistance had been created, as well as five specialized centres for victims of trafficking. The problem of social orphans was also a major challenge facing Ukraine, with more than 1 per cent of Ukrainian children under care. Therefore Ukraine had overhauled its system with a view to ensuring every child enjoyed its right to be brought up in a family, including by provision of assistance to families.

In preliminary concluding observations, Nevena Vuckovic-Sahovic, the Committee Expert serving as Rapporteur for the report of Ukraine, said that they had had a good and useful dialogue. However, she had the sad feeling today that children had not been so visible in the discussion. There was a strong system of protection in Ukraine, but it was not very child-oriented. Children's voices had to be taken into account as the basis for all the actions of Ukraine on their behalf.

Other Committee Experts raised questions and asked for further information related to, among other things, results of the national plans of action on children; the optional nature of certain juvenile justice child protection measures, in particular regarding child witnesses; whether independent studies had been commissioned on issues of child protection; what resources had been provided for health and education in the budget; the number of convictions brought for crimes under the Protocol; clarification as to whether prostitution had been decriminalized, in particular with reference to the fact that there was no clearly defined age of sexual consent; when the draft laws on adoption would be enacted; and whether there was a complaint mechanism for children in institutions.

The Committee will release its formal, written concluding observations and recommendations on the report of Ukraine towards the end of its three-week session, which will conclude on 8 June.

Also representing the delegation of Ukraine were representatives of the Ministry of Justice, the Ministry of Labour and Social Policy, the Ministry of Internal Affairs, and the Ministry of Education and Science.

As one of the States parties to the Convention, Ukraine 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 to present the report and to answer questions raised by Committee Experts.

When the Committee reconvenes at 3 p.m., it will take up the initial report of Bangladesh on how that country is implementing its obligations under the Optional Protocol on the sale of children, child prostitution and child pornography (CRC/C/OPSC/BGD/1).


Report of Ukraine

The initial report of Ukraine 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/UKR/1) notes that, on 5 June 2002, a comprehensive programme was adopted for the period 2002-2005 to combat trafficking in persons, comprising a wide range of measures to prevent, expose and suppress offences involving trafficking in persons or human organs. With the establishment of a new department to combat offences relating to trafficking in persons within the Ministry of Internal Affairs in August 2005, the work of the law enforcement agencies has been considerably boosted. In 2005, 415 criminal prosecutions were instituted under the Criminal Code article on "trafficking in or other unlawful transactions involving persons", an increase of 54.3 per cent over 2004; and 446 victims of trafficking in persons were identified and returned to Ukraine, 39 of whom were minors (an increase of 160 per cent over the previous year). In 2005, a stop was put to the activities of 37 organized criminal gangs trafficking "in human commodities", 14 of which were engaged in cross-frontier operations. Overall, since trafficking in persons was designated a criminal offence (March 1998), 1,287 such offences have been brought to light, some 10 per cent involving children. In addition, over the period 2000-2005, the Ukrainian internal affairs authorities instituted 1,343 criminal prosecutions of offences falling under "smuggling, preparation, marketing and dissemination of pornographic materials" of the Criminal Code of Ukraine.

A significant role in efforts to prevent trafficking in children, child prostitution and child pornography is played by the process of reforming the system of care and guardianship of children, pursuant to a 2005 presidential decree on priority measures to protect the rights of children. Work has been concluded on the outline for a programme for the phased reform of the system of State and private institutions for orphans and abandoned children and on a draft outline for a State programme for the period 2006-2010 to eradicate homelessness among children and child neglect. The reform includes introducing a new funding system to meet the needs of orphans; moving away from the current large children's institutions (250-300 children) to much smaller homes (housing 50 children each); reforming the system for both national and inter-country adoptions; introducing a system of careful preparation of prospective adoptive parents and foster parents; stepping up measures to prevent the abandonment of children and to support the retention of children in their biological families; and creating a centralized database on orphans and children deprived of parental care and on parents willing to take care of them. Currently in Ukraine there are some 1,800 children (as compared to 1,500 in 2005) being raised in family-type children’s homes and in foster families. Thirteen such homes have been built in 2006 alone. In 2006 the Government is planning, through the initiatives of local citizens and communities, to place a further 2,500 children in family-type homes.

Presentation of Report

FEDORA GRYTSENKO, Deputy Head of the Department on the Adoption and Protection of the Rights of the Child within the Ministry for Family, Youth and Sport of Ukraine, said that, as a democratic government, which espoused European values as a member of European democratic society, Ukraine had given priority to both domestic and international measures to promote and protect human rights and had taken measures to implement its obligations under its international agreements, including the Optional Protocol on the sale of children, child prostitution and child pornography. The coordination of activities in implementation of the Protocol was undertaken by the Ministry for Family, Youth and Sport, which had also carried out efforts to stop negative practices such as child prostitution and pornography, in conjunction with many other Government bodies.

Mr. Grytsenko wished to highlight the efforts carried out in Ukraine to eradicate the sale of children, child prostitution and child pornography. First, the question of protecting the rights of the child was under the direct purview of the President, and 2006 had been declared the Year of the Child in the Ukraine. In 2006 also, Ukraine had updated its penal code and undertook other measures to further the rights and interests of children, including by bring national law into conformity with international standards. Among international agreements that Ukraine had acceded to that were related to the Protocol were the UN Convention against Transnational Organized Crime and its Optional Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. In August 2006, Ukraine ratified the European Convention on the Rights of the Child, which was the best use of Ukraine's resources to protect children from international abduction.

Ukraine also had a national plan on children for the implementation of the Optional Protocol to the Convention on the Rights of the Child until 2016, which set out efforts to be undertaken with regard to harmonizing legislation with both European standards and the Optional Protocol. That bill was currently before the National Parliament.

Mr. Grytsenko stressed Ukraine's cooperation with international organizations in terms of promoting human rights. An example had been the visit to Ukraine of the Special Rapporteur on the sale of children, child prostitution and child pornography of the UN Human Rights Council, Juan Miguel Petit. Although there were a number of controversial and unsubstantiated allegations in that report, there were also a number of constructive recommendations that the Government would take under consideration.

In March 2006, the Department on the Adoption and Protection of the Rights of the Child was created within the Ministry for the Family, Youth and Sport, which would ensure priority was given to the protection of children and to address issues involving the sale of children, child pornography and child prostitution.

An important question for Ukraine had been the introduction of measures for the physical and psychological well being of children. In Ukraine, 28 centres for psychosocial rehabilitation and 22 centres for psychosocial assistance had been created. There were five specialized centres for victims of trafficking, Mr. Grytsenko underscored.

The problem of social orphans was a major challenge facing Ukraine, Mr. Grytsenko noted. More than 1 per cent of Ukrainian children were under care. Therefore Ukraine had overhauled its system with a view to ensuring every child enjoyed its right to be brought up in a family. To that end, over the past two years Ukraine had been carrying out reforms of its social assistance to children, including through assistance to families. Today, more than 23,000 families received different forms of social-psychological support. In addition, the reforms had prioritised the need to raise orphans in family settings. In 2006 alone, four times more foster families were introduced than over the previous six years. Today, Ukraine's policy was geared towards strengthening its system of national adoption. The Government had also introduced legislation and administrative support for those who adopted orphans, and the number of adoptions had increased.

Another obstacle to combating child trafficking, child prostitution and child pornography had been the low level of material resources for families with children, and the shadow economy. Today, Ukraine was trying to combat those issues by strengthening socio-economic development, Mr. Grytsenko said. The State was actively seeking to develop partnerships with non-governmental organizations and to develop international cooperation to further the interests of children in the country.

Questions by Experts

NEVENA VUCKOVIC-SAHOVIC, the Committee Expert serving as Rapporteur for the report of Ukraine, said that Ukraine had put a lot of effort recently towards fulfilling its obligations under the Optional Protocol. Unfortunately, despite an increased allocation of resources and the establishment of legislation and mechanisms to combat trafficking and the sale of children, problems were worsening with regard to such issues as inter-country adoption and social orphans in Ukraine. It was a bit of a paradox: Ukraine should be a rich country, and yet the standard of living of most citizens was declining.

With regard to the report of the Special Rapporteur on the sale of children, child prostitution and child pornography of the UN Human Rights Council, Juan Miguel Petit, Ms. Vuckovic-Sahovic noted Ukraine's position that "evaluating corruption level was outside the scope of the Special Rapporteur". However, where that corruption directly impinged on the rights of the child, that corruption was relevant to the Special Rapporteur's mandate.

Ms. Vuckovic-Sahovic was also concerned that Ukraine was not a party to the Hague Convention on Inter-Country Adoption. As she understood it, that was owing to political wrangling, with the Ombudsperson opposing its adoption in Parliament, and she urged Ukraine to work through those difficulties and adopt that Convention as soon as possible.

On coordination and centralization of efforts to protect children's rights, Ms. Vuckovic-Sahovic understood that the Ministry of the Family, Youth and Sport was responsible for this area. However, there was some concern that, in such a large country, children's protection needed to be sufficiently decentralized to ensure children's protection across the country. She would appreciate information on how that was being done.

With regard to attitudes, Ms. Vuckovic-Sahovic knew that children victims of crimes in that region of the world were often doubly stigmatized, because they were victims but also were treated negatively, in particular by the legal system. She wished to hear what was being done in Ukraine to combat that double stigma.

DAINIUS PURAS, Committee Expert serving as co-Rapporteur for the report of Ukraine, wondered if the Ombudsman's office, or Parliamentary Commissioner of Ukraine, had a special unit that dealt with children.

With regard to children not under parental care, Mr. Puras said that there had to be a balance between repressive and punitive measures and the offering of psychological and social services to enable parents to deal with problem children. Also, human rights monitoring was needed of the institutions where problem children were sent.

Other Experts raised a series of questions on a number of issues, including results of the national plans of action on children; the optional nature of certain juvenile justice child protection measures, in particular regarding child witnesses; whether independent studies had been commissioned on issues of child protection; what resources had been provided for health and education in the budget; the number of convictions brought for crimes under the Protocol; clarification as to whether prostitution had been decriminalized, in particular with reference to the fact that there was no clearly defined age of sexual consent; when would the draft laws on adoption would be enacted; and whether there was a complaint mechanism for children in institutions.

Discussion

Responding to questions, the delegation noted, on the issue of budget allocations for children not in parental care, that in 2006, 50 million hyrvnias had been earmarked for care of children in foster families. In 2004, there had been 245 foster families, in 2006 there had been over 700, and, as of 1 June there were now more than 1,200 foster families. For the first time, last year, there had been more children adopted within Ukraine than had been adopted abroad.

Regarding boarding schools and children's homes, the delegation noted that a draft bill reforming that system had been drafted last year. That bill also tried to guarantee that children with disabilities would be treated at home and not be institutionalized.

Addressing the issue of corruption, in particular with reference to the comments of the Special Rapporteur on the sale of children, child prostitution and child pornography, the delegation said that a programme document had been issued by the President on that topic, and the Parliament was looking at a national plan of action. This year, Ukraine had adopted two international instruments on corruption: the Convention of the Council of Europe to Combat Corruption and the UN Convention against Corruption. In that connection, Parliament was enacting laws to ensure the fulfilment of Ukraine’s obligations under those agreements to combat corruption.

Regarding juvenile justice, the delegation said that a programme to train judges in international human rights instruments was launched in 2002. Last year a law on registering legal rulings was adopted. It served as a database on judicial decisions, which could be accessed by all citizens. Currently, all the higher court rulings had been incorporated and could be accessed and, in 2008, it was intended to include lower court decisions in the database as well.

Currently, there were no separate criminal courts for minors, but the draft law on equal justice contemplated the use of special judges for cases involving minors. The Code of Criminal Procedure also provided protections for minors, including the obligatory presence of a lawyer during the interrogation of a minor.

The delegation confirmed that prostitution was no longer a crime in Ukraine. It was an administrative offence. Individuals who were 16 years of age were considered responsible for their acts if they were engaged in prostitution. However, there were penalties for those who lured children into prostitution.

An Expert observed that there appeared to be some confusion in Ukrainian legislation with regard to sexual crimes involving children. Children below 14 years of age were not able to consent to sexual relations; those between 14 and 16 enjoyed a semi-protected status, which would also be based on the sexual maturity of the child; and, for those who were 16 or older, sexual crimes against children of that age would fall under the category of "debauchery".

Regarding juvenile justice, at this time, the delegation said that juvenile courts were not contemplated. What was being undertaken was the establishment of specialized juvenile judges, with dedicated chambers and staff to handle children's cases.

As to children in schools for social rehabilitation and educational camps, the numbers were falling the delegation said. For example, in 2005, there had been 5,000 children in educational camps, whereas there were only 4,000 in 2006. Ten years ago, there were 33,000 children in special rehabilitation centres, and today there were only 27,000 children in those institutions.

In terms of adoption of legislation, the delegation said that, in 2006, regulations had been laid down for the adoption of children within Ukraine and outside, by court decision.

As to the Ombudsman, the delegation noted that there were 150 people on the Ombudsman's staff, with 3 or 4 of them devoted to children's issues.

On the issue of Ukraine's non-adoption of the Hague Convention on Inter-Country Adoption, the Ombudsman had opposed that legislation, first, as it would allow for the accreditation of commercial institutions to arrange adoptions. Also, that Convention provided that an adopted child immediately took on its parents nationality, whereas under Ukrainian law, until an adopted child reached the age of 18, the child remained a Ukrainian citizen. That meant that the Ombudsman could better protect children who had been adopted in other countries. However, the Government was working to smooth out those difficulties and to ensure that the Hague Convention would be adopted in the near future.

Regarding the stigma that was attached to certain categories of children, the delegation said that over the past two years Ukraine had developed many awareness-raising campaigns to eradicate the stigma that was attached to adoptions. About 20 per cent of Ukrainian families were ready to take an orphan into their family. They were also working to dispel stigmas surrounding children with disabilities and children with HIV/AIDS. The Government had provided training for over 300 social workers in child affairs, and this year it was planned to train 470.

As to budgeting, there was a five-year programme within the Ministry for Family, Youth and Sport, which allocated 3 million hyrvnias for providing shelters, the delegation said. For this year, 6,000 hyrvnias were allocated for the implementation of the Optional Protocol. There was also the draft National Plan of Action on children, currently before Parliament, that would require a budgetary base of 150,000 hyrvnias.


In terms of sentences handed down for crimes under the Optional Protocol, the delegation said that there had been 28 sentences handed down in cases of trafficking in children in 2006. For cases involving children in prostitution, in 2003, there had been 21 cases brought; in 2004, 8; in 2005, 12; and in 2006, 13. There had been three cases of child pornography in 2003; six in 2004; seven in 2005; and six in 2006.


Preliminary Concluding Observations

NEVENA VUCKOVIC-SAHOVIC, the Committee Expert serving as Rapporteur for the report of Ukraine, in preliminary concluding remarks, said that they had had a good and useful dialogue. However, she had the sad feeling today that children had not been so visible in the discussion. They had discussed legislation, and administrative measures, but the children themselves had somehow been absent. She had a feeling that child participation, in particular for children at risk, was not so high. There was a strong system of protection in Ukraine, but it was not very child-oriented. Children's voices had to be taken into account as the basis for all the actions of Ukraine on their behalf.


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