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"COMMITMENT
TO A STRATEGY AGAINST COMMERCIAL
SEXUAL EXPLOITATION AND OTHER FORMS OF SEXUAL
VIOLENCE AGAINST CHILDREN AND ADOLESCENTS IN THE
LATIN AMERICA-CARIBBEAN REGION" |
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The Governments,
with the support of International Organisations and international and
national NGOs, represented at the Regional Governmental Congress on the
Sexual Exploitation of Children and Adolescents held in Montevideo,
Uruguay, 7-9 November 2001, |
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Español
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CONSIDERING
- that the international community has declared through
different instruments and resolutions that the sexual exploitation of
children and adolescents is a particularly serious violation of human
rights, and that among such instruments the Convention on the Rights
of the Child (CRC), signed and ratified by all participating
countries, constitutes the most important action framework for the
protection of child and adolescent rights as it recognises children
and adolescents as full subjects under the law.
- that the CRC establishes guidelines and principles
for the development and orientation of social policies for integrated
protection and the universalisation of policies in health, education
and the strengthening of families to protect the integrated
development of children and adolescents and to guarantee to all people
their basic rights, and that these universal public policies are the
best mechanism for the prevention and eradication of commercial and
non-commercial sexual exploitation.
- that the CRC should be considered alongside the
Convention on the Elimination of all forms of Discrimination Against
Women (CEDAW) and the Inter-American Convention on the Prevention,
Sanction and Eradication of Violence Against Women (Convention of
Belem do Pará), which constitute the legal framework in the fight
against gender violence, given that the sexual exploitation of
children affects children and adolescents of both sexes, with a
disproportionate incidence among young and adolescent girls as these
are caught up in the unequal power relations between the genders.
- that commercial sexual exploitation and other forms
of sexual violence are violations of the rights of children and
adolescents and are threats to their dignity, freedom and development,
for which reason it is a matter of urgency to promote and adopt a culture
of zero tolerance towards these practices, so guaranteeing the
protection and restitution of the rights of the victims.
- that crimes against sexual integrity and freedom
include sexual abuse, incest, rape and any other form of sexual
conduct performed under incitement or coercion for the purpose of
obtaining profit or pleasure from children and adolescents, and that
commercial sexual exploitation concerns transactions remunerated in
money or in kind and involves using a child in sexual activities in
return for money or any other payment, as well as pornography, sex
tourism and child-trafficking.
- that commercial and non-commercial sexual
exploitation are distinct forms of sexual violence requiring specific
methods of intervention.
- that in 1996, of the 122 Governments signatory to the
Declaration and Agenda for Action of the 1st World Congress
against Commercial Sexual Exploitation of Children in Stockholm,
Sweden, 20 countries were from the Latin America-Caribbean Region.
- that the Declaration of Stockholm included specific
political commitments and a concrete Plan of Action which established
the following priority areas to guide national action:
- Coordination and cooperation (local, national,
regional and international)
- Prevention
- Protection
- Recovery and Reintegration into the Community
- Participation from children and adolescents
- that in December 2001 the Second World Congress
dealing with these issues, the 2nd World Congress against
Sexual Exploitation of Children will be held in Yokahoma, Japan, in
which event the countries concerned are to present their progress in
putting into action the Stockholm Plan of Action.
- that the reports presented at the Regional
Governmental Congress on the Sexual Exploitation of Children and
Adolescents recognised the significant efforts of the countries
concerned to combat the problem, but that only a few of the countries
of Latin America and the Caribbean have developed National Action
Plans and that, in several cases, such plans have not been
satisfactorily carried out.
- that the design and execution of the National Action
Plans are vital indicators in measuring the region’s progress
towards the goals of the Stockholm Plan of Action and that their
development in each country is thus a matter of great importance.
- that a greater distribution of resources is necessary
for the Action Plans to be appropriately formed and implemented.
- that several countries have carried out studies into
the sexual exploitation of children and adolescents and that there is
a scarcity of databases to facilitate the diffusion and
systematisation of the knowledge generated and the information
gathered.
- that most of the studies have not looked in depth in
the motives of clients/sex offenders nor at ways of discouraging
demand.
- that most countries in the Latin America and the
Caribbean Countries (LACR) have revised their national legislation in
accordance to CRC, but that it is necessary to continue adapting
national legislation to international treaties on human rights, in
particular penal codes and penal procedures, in order to protect
children and adolescents from commercial and non-commercial sexual
exploitation and to punish sex offenders effectively.
- that improved and amplified regional and
international cooperation between countries is essential to combat the
problem effectively and that this will necessarily involve National
Police Forces working on these issues.
- that preventative action, especially regarding public
information and awareness campaigns, in order to be effective should:
a) consider the cultural and social contexts which shape the sexual
identities of men and women; and b) publicise the severity of the
problem as a violation of the rights of children and adolescents.
- that the empowerment of children and adolescents in
guaranteeing their full participation as defenders of their own rights
is essential for the prevention of and protection from child sexual
exploitation, whilst it is still recognised that it is adults who are
responsible for the prevention of violence.
- that international cooperation in the form of
financial and technical assistance, particularly from agencies and
programmes within the UN, the Organization of American States and
other organizations within the Inter-American system, as well as
support from multilateral financial organizations and non-governmental
organizations, has made a positive impact on the Governments’
progress towards the fulfilment of their commitments.
- that the impact of sexually-transmitted diseases,
especially HIV/AIDS, is both a consequence of and an associated factor
behind commercial and non-commercial sexual exploitation and that the
possibility definitely exists that in the decade to come the children
and adolescents of Latin America and the Caribbean will find
themselves in a high-risk situation.
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Inauguration of the Regional Governmental Congress on the Sexual
Exploitation of Children and Adolescents

The audience

Presentations of Governmental Reports

IIN Presentations

Closing session of the Regional
Governmental Congress on the Sexual Exploitation of Children and
Adolescents
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THE ORGANISATIONS REPRESENTED AT THE
REGIONAL CONGRESS, IN ORDER TO DEFINE A STRATEGY TOWARDS THE GOALS OF THE
STOCKHOLM ACTION PLAN, COMMIT THEMSELVES TO:
Coordination and cooperation:
- To reaffirm the importance of the Nationals Plans in
combating the commercial and non-commercial exploitation of children
and adolescents. We reemphasise the urgent need for the development
and implementation of these, carried out in coordination with all
sectors involved. The National Plans should be accompanied by a
greater and permanent political will and by concrete technical and
economic resources to bring about an impact on combating the problem.
National Plans of Action should therefore be developed in those
countries that still have not developed them.
- To promote a rights-oriented approach to the theme
with a gender and generational focus, based on the CRC and any other
international instruments that might guarantee the integrated
protection of children and adolescents affected by commercial and
non-commercial sexual exploitation and the defence of their human
rights. Consequently, it is necessary to fulfil existing ratified
international instruments as well as to ratify those that have not as
yet been ratified. 1
- To promote the strengthening and relevance of such
laws and public policies as reflect or can be used in this area, in
conjunction with social policies which integrate awareness,
information and promotion in all aspects of the social and communal
responsibilities of the population.
- To identify and promote common systems of information
with disaggregated databases allowing for analysis of accumulated
information at regional level and evaluation and follow-up of the
problem and of the political and social responses articulated against
child sexual exploitation and the trafficking of children.
- To solicit international cooperation and all possible
support, especially from UN and OAS agencies and programmes, as well
as from Multilateral Financial Organisations and international NGOs,
in operationalising the stipulated recommendations.
- To guarantee that in each country civil society
organisations participate in the design, implementation and monitoring
of the National Action Plans for the eradication of commercial
exploitation of children and adolescents.
Prevention:
- To develop, as a preventative measure, primary and
secondary education policies with a gender perspective ensuring equal
access and quality universal coverage for all children and
adolescents, and to renew the regulations of education centres and
teaching content so as to avoid academic exclusion or discouragement.
- To promote actions to modify sociocultural patterns
of male and female behaviour, including education programmes, so as to
achieve the elimination of prejudice and habit and all other types of
practice based on the superiority or inferiority of either gender or
on stereotypical functions of men and women that legitimate or
exacerbate violence against women and young or adolescent children, as
established in [the Convention on the Elimination of all forms of
Discrimination against Women and in the Inter-American Convention on
the Prevention, Punishment and Eradication of Violence Against Women
(Belem do Pará).
- To continue current efforts to prevent intra-familial
violence and violence against women and to comply with the Beijing
Declaration and Platform for Action of the 4th World
Conference on Women (Beijing 1995), and in particular the article on
young girls.
- To give central position in discussions and actions
to the theme of clients and demand as root causes of the commercial
sexual exploitation of children and adolescents, challenging the
naturalisation of such practices and the institutional role in hiding
the problem.
- To develop awareness and public information campaigns
at national and international level on commercial and non-commercial
sexual exploitation of minors with the aim of reducing as far as
possible the invisible nature of the problem, bringing about changes
in cultural patterns, and raising consciousness, public opinion and
the involvement of different groups in combating this problem.
- To guarantee universal access to health services and
socio-familiar support in the terms envisaged by the Code on Childhood
and other laws approved by these countries in accordance with the
Convention on the Rights of the Child.
- To sensitise the political authorities and to train
professional men and women working directly in programmes and services
related to childhood and adolescence in order to detect high-risk
situations that might lead to any form of commercial or non-commercial
sexual exploitation and so to intervene in an effective manner.
- To sensitise children and adolescents on the risks of
commercial and non-commercial sexual exploitation through education on
reproductive health, sex education, education on STDs and drug abuse.
Protection:
- To develop within the state public policies aimed at
the integrated protection of children and adolescents conceived of as
subject to rights and having their full development guaranteed as
established in the Convention on the Rights of the Child. Protective
measures should include: effective procedures and mechanisms for
establishing social programmes aimed at providing whatever help
necessary to children and adolescents affected by commercial and
non-commercial sexual exploitation and to those who care for them.
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- To continue promoting necessary legal reforms in each
country to combat commercial and non-commercial sexual exploitation as
laid down by the Convention on the Rights of the Child and other
international legal instruments.
- To place an emphasis on the decriminalisation of
child and adolescent victims; on the prosecution of the exploiters; on
the establishment of the principle of extraterritoriality for such
crimes; on the adoption of measures to permit the confiscation of any
benefits derived from such illicit activities so as to ensure civil
responsibility in favour of the victim and to strengthen means of
prosecution in such crimes and the creation of mechanisms to guarantee
their application and to prevent the cycle of impunity.
- To continue with efforts to eradicate the production,
distribution, exporting and commercialisation, transmission and
advertising of child pornography and sex tourism, with the regulation
and effective application of agreements on the blocking of child
pornography on the internet being an essential factor.
- To promote procedural reforms necessary for the
establishment of "child- and adolescent-friendly legal
procedures" that attend to the victims rapidly, effectively and
in a manner respectful of their needs, according to their age and
level of development, and that listen to the victims and restore their
rights.
- To promote universal registration of births, at no
cost, as a measure of respect to the right of identity and citizenship
and to agree mechanisms to prevent the illegal adoption of children
and adolescents
- To promote interregional cooperation between
governments and legal authorities to ensure the effective
investigation into crimes and the indictment and punishment of the
exploiters.
- To create operational systems and interrelations with
INTERPOL within the region, to combat the trafficking of children and
adolescents as well as to adopt specific rescue programmes for the
victims with whatever aid is necessary.
Recovery and
Reintegration into Society:
- To privilege and guarantee the rights to family and
community life within those actions aimed at children and adolescents
affected by commercial and non-commercial sexual exploitation, always
bearing in mind the greater interests of the child.
- To develop recovery and reintegration programmes for
minors affected and guaranteeing the restoration of rights from a
perspective of integrated care and not of re-victimisation.
- To develop and implement coordinating
inter-institutional protocols and models of intervention specifically
for the care of victims of commercial sexual exploitation and other
forms of sexual violence, drawing global implications from those
positive experiences that have been developed in the region.
Participation of children and
adolescents:
- To recognise and reaffirm the participation of
children and adolescents as a n inalienable right and a key element in
the fight to eradicate commercial and non-commercial sexual
exploitation and so call for the strengthening of children’s and
adolescents’ organisations and of the appropriate forms of
empowerment and participation which guarantee full citizenship.
Research and Indicators:
- To design and formulate indicators that recognise and
differentiate cases of commercial and non-commercial sexual
exploitation as well as risk factors which help to keep children in
this problem situation, and to develop suitable methods for analysing
the characteristics of sexual exploitation and their indicators.
- To create databases which take into consideration the
different aspects of the problem and allow monitoring, follow-up and
the carrying out of programmes aimed at tackling commercial and
non-commercial sexual exploitation, and also to provide databases on
offenders and networks within each country.
Monitoring the implementation of the
commitments and Plans of Action:
- To constitute a Workgroup made up of
governments, international and non-governmental organisations, charged
with defining, promoting and coordinating the regional strategy and
with disseminating those actions carried forward by the countries of
Latin America and the Caribbean. At the same time to follow up the
national policies and Plans of Action and the international
commitments undertaken with regard to these matters, calling for an
evaluation and follow-up meeting in 2004.
In Montevideo, 9th of
November 2001.
Footnote
1Optional
Protocol on the Sale and Prostitution of Children and Child Pornography of
the Convention on the Rights of the Child, Convention on the Elimination
of all Forms of Discrimination Against Women, Inter-American Convention to
the Prevention, Punishment and Eradication of Violence against Women,
Accord 182 of the OIT Inter-American Trade Organisation on the Elimination
of Worst Forms of Child Labour, the Protocol for the Prevention,
Elimination and Punishment of Trafficking in People, especially Women and
Children, in the U.N. Accord against International Organised Crime, the
Statute of Rome for the Creation of the International Penal Tribunal and
the Hague Accord concerning the Protection of the Child and Cooperation
with regard to International Adoption.
2Article 19 of the Convention on the Rights
of the Child.
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