CRC/C/OPSA/CO/230 September 2005
COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 12(1) OF THE OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY
Concluding observations: CHINA (including Macau Special Administrative Region)
B. Positive aspects
C. Principal areas of concern and recommendations
C.1. General measures of implementation
Coordination and evaluation of the implementation of the Protocol
The Committee recommends that in mainland China the State party consider establishing a central coordinating body which includes relevant line ministries, affected children and youth, and non-governmental organizations, in particular those able to address the socio-economic aspects of trafficking and sexual exploitation. The Committee also urges the State party to further coordinate activities between the mainland and the Special Administrative Regions with regard to victims’ assistance and also prevention and prosecution of offences.
National Plans of Action
The Committee recommends that the State party elaborate and implement a Plan of Action applicable to the mainland and Macau SAR respectively based on the Stockholm and Yokohama Agenda for Action and the provisions of the Optional Protocol.
The Committee regrets the limited statistical data on sexual exploitation and cross-border trafficking included in the State party’s report, both with regard to mainland China and Macau SAR. It is further concerned that the data refers almost exclusively to the number of women and children rescued rather than those abducted, and that data often refers to different time periods, which hampers the accurate assessment and monitoring of the situation regarding the sale of children, child prostitution and child pornography.
The Committee recommends that the State party strengthen its efforts to collect disaggregated data on the victims of trafficking, sale of children, child prostitution and child pornography, which includes data on the numbers of boys and girls affected, broken down with regard to the Special Administrative Regions, the mainland and the provinces and regions within the mainland and neighbouring countries.C.2. Prohibition of the sale of children, child pornography and child prostitution
Existing criminal or penal laws and regulations
The Committee recommends that the State party amend the 1997 Penal Code to prohibit the trafficking and sale of children for all purposes listed in art. 3(1) of the Protocol, with special attention to the sale and trafficking for purposes of adoption.
C.3. Penal/Criminal Procedure
The Committee recommends that the State party amend legislation in order to abolish the requirement of double criminality for extradition and/or prosecution within the mainland, of offences committed abroad.
C.4. Protection of the rights of child victims
Measures adopted to protect the rights and interests of child victims of offences prohibited under the Protocol
The Committee is concerned at the limited information provided about services to assist child victims with regard to reintegration and recovery in the mainland. It is also concerned about the absence of assistance programmes specifically designed for child victims of trafficking and sexual exploitation in Macau SAR.
C.5. Prevention of the sale of children, child prostitution and child pornographyMeasures adopted to prevent offences referred to in the Optional Protocol
While the Committee notes the measures taken in mainland China to punish offences related to the sale of children, child prostitution and child pornography, the Committee is concerned that insufficient attention is paid to prevention of such offences. The Committee also takes note of the information provided by the delegates from Macau SAR that efforts at prevention are being increased as gaming activities expand within the territory.
The Committee recommends that the State party pay increased attention to the prevention of the sale of children, child prostitution and child pornography inter alia through measures to address the socio-economic causes, public awareness campaigns, and education for parents and children on preventing and reducing the risks of trafficking and sexual exploitation. The Committee also urges the State party to further enhance its efforts related to prevention in Macau SAR and provide additional information on these efforts in the next periodic report.
C.6. International assistance and cooperation
The Committee recommends that in the mainland, the State party:
conduct further research about the scale and nature of cross-border trafficking for the sale of children, child prostitution, child pornography and sex tourism in collaboration with international or regional organizations and agencies and neighbouring countries; and,
expand its international cooperation through further multilateral, regional and bilateral arrangements for the prevention, detection, investigation, prosecution and punishment of those responsible for acts involving the sale of children, child prostitution, child pornography and child sex tourism.
C.7. Follow-up and dissemination
C.8. Next report
In accordance with article 12, paragraph 2, the Committee requests the State party to include further information on the implementation of the Optional Protocol in its next (combined third and fourth) periodic report under the Convention on the Rights of the Child due, in accordance with article 44 of the Convention, on 31 March 2009.