UNITED NATIONS GENERAL ASSEMBLY 54TH SESSION
Third Committee - Item 113: Promotion and Protection of the Rights of Children
Statement by Mr Eric Van Der Wal, Australian Delegation
27 October 1999
Mr Chairman,
On the eve of the 21 st century, Australia takes this opportunity to reaffirm and restate its commitment to the promotion and protection of the human rights of the world's children. Unquestionably, children are the most vulnerable group amongst us and as such should be accorded special protection and particular care by the international community.
Whilst never losing sight of the challenges that the international community will face in the new millennium, it would be a pity if we were to overlook the significant progress made in this century. It is fair to say that the rights of children have been accorded a central place in our consciousness and this has been clearly acknowledged by the international community through the adoption of various international instruments ranging from the 1924 Geneva and 1959 UN Declarations on the Rights of the Child to the most explicit and comprehensive instrument concerning children - the Convention on the Rights of the Child.
Over the past decade, the Convention has been a significant factor in raising awareness of children's rights, in acting as a catalyst for change and in providing a practical framework for addressing the needs of children. Australia takes heart from the fact that with 191 countries party to the Convention, it has almost achieved universal ratification. There could be no better acknowledgment of the 10th anniversary of the Convention than full ratification, and we urge the very small number of states which have not yet ratified the Convention to do so as soon as possible.
Mr Chairman
The completion of negotiations for the Optional Protocols to the CROC on the Involvement of Children in Armed Conflict and on the Sale of Children, Child Prostitution and Child Pornography on the occasion of the 10th anniversary would also reaffirm the international community's commitment to the promotion and protection of the rights of children.
Australia has always been a strong supporter of the development of the Optional Protocol on the Involvement of Children in Armed Conflict and the objective of raising the minimum ages for the recruitment of persons into the armed forces and for their participation in hostilities. Australia has participated actively in the negotiation of the draft Protocol and will continue to do so. In light of the widespread and increasing involvement of children in armed conflicts currently taking place around the world, the Australian Government considers it a priority to support efforts, including the development of this Protocol, aimed at improving the international legal protection available to children in the context of armed conflict. Australia welcomes and strongly supports the efforts of the Chair of the working group to overcome the impasse in the negotiations through informal consultations.
We consider that all sides of the debate should make a concerted effort to develop an acceptable consensus position and hope that participating governments at the working group can match the efforts of the Chair in seeking acceptable compromise and consensus positions. Let us not forget the original goal of the negotiations, which is: to improve upon the current international standard in the Convention on the Rights of the Child, which sets 15 as the minimum age for participation in hostilities and for their recruitment into armed forces. The worst abuses have seen thousands of children as young as 8 to 12 carrying arms and dying in combat around the world. With all due respect to those seeking a "perfect" Protocol, It should be remembered that advances in human rights protection are sometimes achieved with measured steps rather than great leaps forward.
Australia has also been a strong supporter of the development of the Optional Protocol on the Sale of Children, and the objective of strengthening the protection for children against trafficking and sexual exploitation. We are disappointed that progress in this working group has not been greater, and would hope to see the conclusion of a consensus text at the next session of the working group in January 2000. Sexual exploitation of children is an abuse of children's rights which is increasingly transnational in character and which must be the subject of stronger and more precise international prohibition.
Mr Chairman
Australia is active in responding to abuses of children's rights beyond our borders. In 1994, extra-territorial legislation came into force to combat paedophile activities of Australian citizens or residents overseas. Australia is committed to ensuring effective operation of this legislation and there have already been a number of successful prosecutions. Australia is also cooperating with law enforcement agencies of other countries and providing technical assistance to help combat the sexual exploitation of children.
Australia was pleased to have played an active role in the negotiation of the Convention on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour which was unanimously adopted by the 174 States Members of the ILO. The aim of the Convention is to protect children under 18 years of age from abusive practices such as slavery, forced labour, and involvement in prostitution, pornography, production and trafficking of drugs, illicit activities in general, and any work which is likely to harm their health, safety or morals.
This year Australia enacted legislation, the Criminal Code Amendment (Slavery and Sexual Servitude) Act, to give greater definition and strength to the law relating to slavery and sexual servitude offences. Amongst other things, the Act prohibits slave trading and possessing or exercising any other power of ownership over a person. The new legislation also includes a range of offences to combat a growing and highly lucrative international trade in people for the purposes of sexual exploitation. Young women and children are particularly vulnerable and are falling victim to this insidious trade in increasing numbers. An important feature of the Act therefore is the aggravated offence provisions to protect children. The maximum term of imprisonment for the slavery offences is 25 years and for the sexual servitude offences is
19 years.
Mr Chairman
We should also take a moment to pay tribute to those who have worked to raise awareness and seek to effect positive change in the lives of so many children around the world. In particular we would mention the members of the Committee of the Rights of the Child, the Special Rapporteur on Sale of Children, Mrs Ofelia Calecetas-Santos, the Special Representative on Children in Armed Conflict, Mr Olaru Otunnu, and others in the UN system who work to promote and protect the rights of children. We were pleased to welcome Mrs Calcetas-Santos for a short visit to Australia in October 1999 and to have the opportunity to inform her of steps Australia is taking both domestically and internationally to address issues within her mandate. We should also make particular mention of the many non-government organisations who, sometimes in difficult and dangerous situations, are able to make a real difference in the day-to-day lives of the world's children.
Finally, Australia takes the opportunity to state that while significant progress has been made in the promotion and protection of the rights of children, much still needs to be done, particularly in the area of implementation, and we cannot become complacent. We must now seize the impetus afforded by the 10th anniversary celebrations of the Convention on the Rights of the Child, and the dawning of the new millennium, to bring into being for all children the rights and protections which the international community has so clearly acknowledged as being their inherent and inalienable due.
Thank you Mr Chairman