CONTENTS

• I. Introduction
  
• II. Tools
  
• III. Stockholm
  
• IV. Yokohama
  
• V. Canada's Assessment
  
• VI. Conclusion
  

I. INTRODUCTION

Commercial sexual exploitation of children, or CSEC, is not a new phenomenon. Civil society, intergovernmental organizations and States have agreed for many years that CSEC is a problem of international dimensions that must be eliminated as a matter of urgency.

Statistics are inconclusive but even the most conservative figures produced by UNICEF suggest that over a million children annually are exploited commercially.

Definitions differ but according to a declaration agreed to by over 100 governments, CSEC is defined as "the sexual abuse by the adult and remuneration in cash or in kind to the child or a third person or persons. The child is treated as a sexual object and as a commercial object."

Central activities related to CSEC include child prostitution, child pornography and the trafficking of children for sexual purposes.

CSEC is also considered at international law a contemporary form of slavery, as recognized by the International Labour Organization (ILO) and is a violation of many international and regional conventions and treaties.

Although work had been done against CSEC since the 1960s, it had been undertaken only at the national, and on occasion regional levels.

This changed dramatically in 1996 when, for the first time, and international meeting was convened to address the issue. This was known as the World Congress against Commercial Sexual Exploitation of Children, or the Stockholm Congress.

A central theme of the Stockholm Congress was assessing the tools that existed at that time to combat CSEC and to strategize and develop new instruments to eliminate it.

II. TOOLS

So, what tools currently exist to help us end this most fundamental human rights violation?

1. International Mechanisms

a) Convention on the Rights of the Child (CRC)

Even though international instruments had been in existence for many years prior to the CRC (for example the Declaration on the Rights of the Child of 1959) the Convention was triumphed as the most important treaty ever drafted to protect and promote the social, economic and cultural rights of young people as well as their civil and political rights.

Why is the CRC so important?

1. The document is very practical. It does not outline "beliefs" or "wishes" but provides concrete standards and expectations of the world governments who ratify it.
2. The document is comprehensive. It goes beyond the "basic needs" as outlined in other UN treaties (such as food, shelter, etc.) to include 55 rights that every child has simply by virtue of being born.
3. The document is holistic. Unlike most UN treaties that distinguish between economic, cultural and social rights AND civil and political rights, the CRC equates all the rights and states that no one commitment undertaken by a government is more important than any other.
4. The document is independent. There is no need to rely on any other convention to supplement or compliment the rights of the CRC, every component of a child's life is reflected in the words of this one document alone.
   

Canada signed and ratified the CRC in 1991. Although it made several reservations to the Convention, none affect its obligations to protect children from CSEC.

b) Optional Protocols to the CRC

Recently, two Optional Protocols (OPs) to the CRC have been drafted. The title Optional Protocol is a little misleading. The truth is that all protocols, like all international instruments, are optional. A country can choose whether it wants to sign and ratify it or not. What is actually meant by the term "optional protocol" is that a State does not have to sign onto the document, even if it did ratify the actual convention.

In January 2000, a working group at the UN completed an OP on children in armed conflict. The reasoning behind the OP was a need to repair a perceived inconsistency in the CRC itself.

Article 1 of the Convention states that it applies to everyone under the age of 18, but Article 38 lowers the age for military recruitment to 15. The OP has created a "straight 18" position except for voluntary enlistment which is 16 with proof of age and parental consent. This OP has implications in the protection of children from CSEC, particularly in areas and at times of armed conflict.

The second OP is on the sale of children, child prostitution and child pornography. This was finalized in March 2000. It contains some interesting provisions such as directing States to establish penal sanctions for abusers; take jurisdiction over abuses happening in its territory or by its nationals; and enhance protection and support for child victims throughout the legal process.

Unlike the OP on armed conflict not all child advocates agreed on the need for an OP on the sale of children, child prostitution and child pornography. Many felt there was already a sufficient body of legislation to combat CSEC and what was really missing was political will.

Canada has signed and ratified the OP on armed conflict but has not yet signed the OP on child exploitation, to the best of my knowledge.

c) ILO Convention 182

In 1999, the ILO took a step toward eliminating CSEC by adopting the Convention Concerning the Prohibition of the Worst Forms of Child Labour. Each State which ratifies the Convention commits to "take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency" (Article 1).

The Convention defines what constitutes the worst forms of child labour as the sale and trafficking of children, debt bondage, serfdom or forced labour, forced or compulsory recruitment of child soldiers, use of children for prostitution or pornography, use or procuring of a child for illegal activities, all forms of slavery and any work which will harm the health, well-being or safety of children (Article 3 a-d).

Accompanying the Convention was a Recommendation which defines "hazardous work" as work which exposes children to physical, psychological or sexual abuse. This would include work underground, under water, at dangerous heights or in confined working spaces, working with dangerous machinery or tools, hazardous chemicals or substances and working in unhealthy environments.

Canada signed and ratified the ILO Convention last year.

d) International laws and norms affecting private sector businesses

There have been a number of recent developments at international law that undertake to strengthen linkages between corporate responsibility and the protection of children's rights. Much of the basis for this framework is found in the Universal Declaration of Human Rights (UDHR) itself. Notably, the Preamble of this declaration states, "Every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights."

A number of non-binding multilateral declarations have also been developed to place checks upon the work of private sector industries, in particular those that are multinational in origin. Many of these declarations include in their scope States, employers as well as employees. Perhaps most importantly, they recognize not only the need for private industries to respect rights, but that their position in society places a strong obligation to promote and enhance respect for human rights.

One example of this in the ILO Tripartite Declaration of Principle concerning Multinational Enterprises and Social Policy. Protections and obligations are also found in the Organization for Economic Cooperation and Development (OECD) Guidelines for Multinational Enterprises. The introduction of the OECD guidelines notes, "Through international direct investment, such enterprises can bring substantial benefits to home and host countries by contributing to the efficient utilization of capital, technology and human resources between countries and can thus fulfill an important role in the promotion of economic and social welfare. But the advances made by the multinational enterprises in organizing their operations beyond the national framework may lead to abuse of concentrations of economic power and to conflicts with national policy objectives."

Further directives, such as the OECD Principles of Corporate Governance, require businesses to recognize the greater context in which they operate and thus contribute to the greater benefit of society.

The UN has recently undertaken an important new initiative, the "Global Compact", which requests that businesses show good "global citizenship" in the nations in which they operate. The human rights section of the source document explains that businesses should support and respect the protection of internationally proclaimed human rights within their sphere of influence and ensure they are not complicit in human rights abuses.

2. Regional Mechanisms (i.e., the OAS)

a) The American Declaration of the Rights and Duties of Man: The American Declaration contains general legal protections and duties that apply to all citizens of a State including children.

b) American Convention on Human Rights: Specifically Article 16: "Every child ... has the right to protection that his status as a minor requires from his family, society and the State."

Canada has not ratified either document, although technically they are bound by the Declaration as a member of the OAS.

3. Domestic Legislation

a) CCC: Sexual Assault, sexual interference, invitation to touching, etc. exist as offences in our Criminal Code. Bill C-27 and C-15 amendments broadened the CCC provisions to include extraterritorial offences against children.

b) YCJA: The new YCJA suggests greater protection from a growing population of child sex offenders - older youth. Further, the Preamble of the YCJA makes explicit reference to Canada's obligations under the CRC.

c) Child welfare legislation: Child protection legislation often extends into areas that may overlap with CSEC. In some cases, such as in Alberta, the provincial legislature created law specifically to address CSEC related activities.

III. STOCKHOLM

The Stockholm meeting was unique as it was a three-way partnership between the governmental, intergovernmental and non-governmental communities.

Beyond committing themselves to merely a global partnership against the challenge of commercial sexual exploitation of children, the participants at Stockholm called upon all States in cooperation with national and international organizations and civil society to:

1. Give high priority and adequate resources to action against CSEC;
2. Promote stronger cooperation among all sectors and strengthen the role of families in protecting children;
   
3. Criminalize all forms of sexual exploitation of children, penalize offenders and ensure that their victims are not penalized;
   
4. Review, revise, enforce and promote laws, policies, programmes and practices to eliminate CSEC;
   
5. Develop and implement gender-sensitive plans and programmes in prevention, protection, recovery and reintegration;
   
6. Create a climate that enables carers to fulfill their obligations towards children;
   
7. Mobilize political and other partners; and
   
8. Enhance the role of popular participation, including that of children, in preventing and eliminating commercial sexual exploitation.
   

In particular, by the year 2000, the A4A calls for:

1. National action plans with indicators of progress, set goals and a time frame for implementation aimed at reducing the number of children vulnerable to sexual exploitation; and
   
2. Implementation and monitoring mechanisms, a focal point, at national and local levels so that desegregated data can be collected and shared on children vulnerable to commercial sexual exploitation and on their exploiters.

Much has been done in Canada and abroad since 1996. Actions have been taken to remove children from exploitation and aid their recovery and reintegration into society. Campaigns have increased public awareness and targeted specific groups whose understanding is vital. Projects have sought to protect children particularly vulnerable to exploitation. Research has improved understanding of exploiters, mechanisms and obstacles to overcome.

The OP has been adopted and opened for signature, as was the ILO convention. A Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the UN Convention against Transnational Organized Crimes, has also been adopted and opened for signature.

National laws have been strengthened and more than 21 countries now apply extraterritorial legislation. Thirty four countries have developed National Plans of Actions against CSEC and 26 others are in the process of developing such plans.

Still, we have hardly begun to scratch the surface of the problem.

Five years later, governments, IGOs and NGOs are coming together again to assess the situation.

IV. YOKOHAMA

The Second World Congress will be held December 2001 in Yokohama, Japan.

The SWC has the following objectives:

1. Enhance political commitment to the implementation of the A4A adopted at the First World Congress;
2. Review progress in the implementation of the A4A;
3. Share experience and good practices;
4. Identify main problem areas and/or gaps in the fight against commercial and other forms of sexual exploitation of Children; and
5. Strengthen the follow-up process of the World Congress.

1. Child Pornography;
   
2. Role and Involvement of the Private Sector;
   
3. Profile of the Child Sex Offender;
   
4. Prevention, Protection and Recovery of Children form Sexual Exploitation;
   
5. Trafficking in Children for Sexual Purposes; and
   
6. International Legal Framework and Current National/Legislative and Enforcement Response
   

V. CANADA'S ASSESSMENT

So, what will likely be the international assessment of Canada during this last 5-year period?

Each year since Stockholm, ECPAT International - the lead NGO that coordinated Stockholm and Yokohama, has published a progress report on each country that attended the 1996 meeting. The report for 2001 is not yet available but we can look at last year's report for some indication.

During a Press Conference around the launch of the report, "Beyond Borders: Ensuring Global Justice for Children," to which I am Senior Legal Counsel, produced a wish list for Canadian children.

The list included the following:

a) Canadian Plan of Action

Currently Canada has a monitoring mechanism through a Senate Committee but it does not have a plan or vision of how to eliminate CSEC in our country.
Without the plan we have no way of gauging how far we have come, where we are going, or what we need to get there.

b) Comprehensive Child Pornography Legislation

Last year the law was in flux as we awaited the Sharpe decision. This year the law is arguably weaker since the SCC ruling. The two new exceptions have created loopholes for paedophiles. To quote from a Crown attorney who argued the case before the SCC, "we have sacrificed our children on the alter of the Charter."

c) Elimination of Child Sex Tourism and Child Prostitution

Sex tourism prevention and prosecution has been a legislative mess (Bill C-27, Omnibus Bill, Bill C15). We still have not had one arrest, let alone a prosecution and law enforcement still does not know about the law, nor do our embassies abroad. There is some suggestion that Canada is becoming a receiving country, as well.

There are a large numbers of youth involved in prostitution and a disproportionate amount of Aboriginal youth involved in the sex trade. According to Statistics Canada 10-15% of people involved in street prostitution are under 18 (although most people feel this is a gross underestimate). Further, 20% of all prostituted youth are Aboriginal. The average age for entering the sex trade is 13, with some reports citing 8 or 9 as the first time a youth is prostituted. The problem is compounded by a complete lack of empirical or statistical research to uncover the extent of prostitution in Canada.

d) Appropriate age of consent laws and policies

There were loopholes in our legislation until Sharpe plugged them (i.e., Gisele case). Arguably the children are now worse off since consent to sexual activity now includes consent to have that activity permanently recorded and rebroadcast.

The Canadian government has shown no interest in raising the age of consent despite the international trend.

e) Effective protections from child sex offenders

Currently it is too easy for sex offenders to get pardons, change their name, etc.

Two recent cases: Taylor, a truck driver who avoided a criminal charge as it would have impeded his ability to travel, and James who was allowed to move out of Canada without warning and is now coaching hockey in Spain.

So, in last year's report Canada received 3 stars out of 4. Each star reflects how much effort is being made to combat CSEC. Within the Americas, US received 2 stars but Mexico received 4.

Why does a country with the advantages we have, including on paper, the political will not have 4?

VI. CONCLUSION

A few trends worth noting:

First, the importance of private sector partnerships has emerged as an area of future growth. The reality is any reform we will see on the Internet will not be because of child pornography but because of copyright issues in the business environment. As child advocates we must learn to work along side this community.

Second, we must engage youth in the dialogue and be willing to learn from them in the same way we hope they learn from us. But at the same time we must ensure youth participation is done appropriately. We must consider the long term consequences of having young people join us in our very sensitive discussions. We cannot assume all youth are comfortable, as we cannot assume all adults are. Although we do not want to support "tokenism", at the same time there may be negative effects of treating youth exactly like adults in all circumstances, especially when we are working with experiential youth.

Third, provinces are now scooping the federal government. For example: Ontario offering to set up and pay for a national sex offender registry, Manitoba creating the first hotline for child pornography on the Internet, and Alberta creating the Protection of Children Involved in Prostitution Act. The federal government must ensure it stays on top of these matters regardless of the jurisdictional boundaries. One way of doing this is with a Commissioner for Children.

Finally, we must think globally. The fact is, globalization is happening. It cannot be stopped despite our protests and screaming. We have to accept we live in a world without boundaries and we must begin to act in that context. This means building new alliances across political parties and jurisdictions.