the Child (the Committee) examined the initial report of Australia. ... whether information on the OPSC was integrated i
STATE PARTY EXAMINATION OF AUTRALIA’S INITIAL REPORT ON THE OPTIONAL PROTOCOL ON THE SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY 60TH SESSION OF THE COMMITTEE ON THE RIGHTS OF THE CHILD 29 MAY – 15 JUNE 2012 Contents Opening Comments ............................................................................................... 1 General Measures of Implementation ..................................................................... 1 Prevention .............................................................................................................. 3 Prohibition and Related Matters………………………………………………………...3 Protection of the Rights of Victims .......................................................................... 4 International Assistance and Cooperation .............................................................. 4 Concluding Remarks .............................................................................................. 5
Australia ratified the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (OPSC) on 8 January 2007. On 5 June 2012, the Committee on the Rights of the Child (the Committee) examined the initial report of Australia.
Opening Comments The delegation was led by Mr. Peter Woolcott, Permanent Representative of Australia to the United Nations Office in Geneva. He was supported by a delegation consisting of representatives of the Attorney General’s Department, the Community Service and Indigenous Affairs, the Department of Education, Employment and Workplace Relations and the Australian Permanent Mission to the United Nations Office and other International Organisations in Geneva. Mr Guran, the Country Rapporteur, said that many issues had already been raised during the discussion on the CRC but indicated that, as it was the first report of Australia since the ratification of the OPSC, this session was a good opportunity to discuss its implementation in particular.
General Measures of Implementation Legislation
The Committee observed disparities among States with regard to the definition of child prostitution and the age of sexual consent. It asked whether the right of the child to be treated as a victim was always respected and whether the age of sexual consent of 16 had resulted in the absence of protection for children between 16 and 18, against prostitution and/or pornography. The delegation answered that there was a distinction between the ages of sexual consent, 16, and the consent to prostitution, which was 18. A child under 18 could not be NGO GROUP FOR THE CONVENTION ON THE RIGHTS OF THE CHILD
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considered as consenting to prostitution and children involved in prostitution were always treated as victims The Committee was concerned about the absence of explicit prohibition of the sale of children in law. It observed that the sale of children had been included in the definition of slavery but was concerned that a comprehensive definition had not been adopted to ensure broader protection, for example from sale of organs or forced labour. The delegation indicated that the offences described in the law covered Australia’s international obligations. It added that trafficking in children was explicitly criminalised. The delegation also mentioned the offence of exploitation of a person for organ removal and a pending bill on organ trafficking. It ensured that cases of child labour were investigated and punished. The Committee asked whether the role of an intermediary in the facilitation of illegal adoption was criminalised as sale of children and not only as an illegal practice of adoption. The delegation indicated that this practice was a crime. It added that it was not specifically referred to as sale of children but that it did not mean that Australia did not comply with the OPSC, since it was criminalised as a crime and not only as an offence. The Committee also observed that simulated pornographic images seemed not to have been criminalised in all States. Dissemination and training
The Committee asked whether information on the OPSC was integrated in the national school curriculum and whether the text had been disseminated among the population. The delegation answered that the OPSC was not explicitly mentioned in the national curriculum even though its principles were included. The delegation indicated that dissemination of the OPSC had taken place before the ratification, as was standard practice for all treaties, during discussions and seminars organised with stakeholders on the national interest to ratify the concerned treaty. It added that the OPSC was available on the websites of different ministers, together with the concluding observations of the Committee. The Committee asked whether the content of the OPSC had been integrated in the teacher training compulsory curriculum. The delegation said that it did not have precise information on the details of the courses but assumed that professionals were trained on the issue. It underlined that this approach was coordinated and that people were aware of the prohibition of the crimes set out in the OPSC. The delegation also explained that cyber safety measures had been disseminated on behaviours prohibited by the OPSC and mentioned a consultation programme carried out in schools. The Committee asked whether people working in the fields’ justice or social work were trained on the OPSC and its issues. The delegation indicated that there were no specific training programmes on the OPSC but on obligations in relation to it. People working in the immigration field were, for instance, trained to refer victims of trafficking or forced marriage to the relevant institution and to deliver assistance to victims. The delegation added that the police received training on those offences prohibited by the OPSC. Data collection
The Committee pointed out the lack of comprehensive data at the federal level about offenses related to the OPSC. It asked whether there were any programmes that would create a single indicator on those issues. The delegation indicated that there was no specific mechanism to NGO GROUP FOR THE CONVENTION ON THE RIGHTS OF THE CHILD
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gather data on the OPSC. It added that the police maintained statistics of cases and added that the National Human Rights Action Plan would improve the data collection. It admitted that the system was far from being perfect and reiterated that it was looking for ways to improve it.
Prevention Online grooming
The Committee enquired about how the new phenomenon of online grooming was monitored and asked what actions were taken by the government given the accessibility of computers. The delegation presented a computer programme that had been designed to prevent online grooming. The Committee asked what kind of responses were provided by this programme. The delegation answered that it provided children with information on how to report cases or seek support, but could not be used to alert the authorities immediately when a case occurred. The delegation also mentioned a guide that had been published for socialising online, which provided children with skills to prevent online grooming and exploitation.
Prohibition and Related Matters Sex tourism
The Committee appreciated the progress that had been made in preventing and criminalising sex tourism and added that Australia had had substantial success in prosecuting perpetrators of such crimes. It asked whether there were some strategies and policies to protect children from sex tourism outside Australia. The delegation indicated that the Commonwealth Criminal Code had criminalised offences committed by Australians overseas which could be prosecuted in Australia. Those convicted could receive a sentence of up to 25 years imprisonment. The Commonwealth Criminal Code had been reformed to capture particular aggravating circumstances such as when the perpetrator was in a position of trust and for preparation for the crime of child sex tourism. It added that convicted people could see their passports retained to prevent them from leaving Australia. The delegation also described the Australian National Child Offender Register, which contained data on people convicted for sexual offences against children, which was only available to the police. The delegation also mentioned general law enforcement and investigation, sharing of information, police cooperation and programmes to rehabilitate offenders in order to prevent recidivism. Prosecution of legal entities
The Committee asked whether legal entities could be prosecuted for offences under the OPSC, for instance for companies broadcasting pornographic images involving children. It said that the written replies indicated a possible responsibility but only for acts that amounted to slavery. The delegation explained that legal entities could be prosecuted for crimes and not only for slavery.
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Protection of the Rights of Victims, Recovery and Reintegration Victims assistance and compensation
The Committee asked whether the National Action Plan on Trafficking had a specific section on children, setting out special protection measures. The delegation indicated that the strategy against trafficking was related to children and that Australia was aware that it was a country of destination for victims. It added that many victims had been identified upon entering and that the best interests of the children concerned were the primary consideration of the government. Guardianship was given to unaccompanied minors and assistance to victims in consideration of their vulnerability. It reported the existence of a framework for victims to remain in Australia, as well as their family members. The delegation also indicated that the assistance to victims, delivered by government service providers, as well as non-governmental organisations such as the Australian Red Cross, was aimed at meeting the basic needs of the victims. The Committee welcomed the successful prosecution of cases of sex tourism in the country and asked whether victims were awarded compensation in the. The delegation indicated that it did not have information about compensation at its disposal; however, it recalled that these judgments came under civil enforcements actions and that compensation would therefore have been awarded. The Committee stated that if compensation was possible in the judicial system, it hoped that it was also possible for sale and prostitution cases. The delegation answered that the awarding of compensation applied to all offences of a sexual nature. The Committee asked about the status of the victim in the judicial proceeding when a child was involved, given the high risk of re-victimisation. The delegation indicated that the best interests of the child were safeguarded throughout the trial, limiting offensive examination and allowing video broadcasting of interviews, as testimonies given in a stressful environment would not be reliable. It indicated that compensation was also awarded in cases where the victim was a child.
International Assistance and Cooperation Extraterritorial jurisdiction
The Committee welcomed the possibility of extradition under the OPSC, even when there was no agreement of extradition with the State of destination. It asked whether there had been concrete application of this provision. The delegation answered that there had not been any application of the provision because such a situation had not yet arisen. Regional Cooperation
The Committee observed the high rate of international development cooperation of Australia and asked whether this aid was attached to any conditions such as the adoption of measures on child prostitution or pornography by the States supported. The delegation mentioned the Bali Process to raise awareness on trafficking in the region of Oceania and Southeast Asia. It explained that the approach chosen was assistance, including strategies of awareness-raising, response to victims, capacity building, workshops and technical assistance, rather than conditionality of aid. It added that the last meeting of this process had been held in March 2011 and had looked at practical measures to address concrete issues. The delegation indicated that all stakeholders and non-governmental organisations working to protect children in the delivery of aid programmes must have their own charter and training NGO GROUP FOR THE CONVENTION ON THE RIGHTS OF THE CHILD
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for people working with children.
Concluding Remarks Mr Guran highlighted what he saw as the three main areas that required improvements for the fuller implementation of the OPSC: dissemination of the OPSC and related training in the field and its inclusion in the national school curriculum;, the inclusion of a comprehensive definition of the sale of children and child prostitution in law, even if the content of the crimes were already covered; and the need for a comprehensive data collection system that would inform how best the State could move forward. Mr Woolcott thanked the Committee for this important dialogue. He stated that the discussion on the CRC and its two Optional Protocols had been focused and constructive. He thanked the Committee for pushing the government on important issues. The head of delegation also welcomed the presence at the session of many Australian nongovernmental organisations and looked forward to continuing to work with them in the future. He also looked forward for the concluding observations to improve the rights of children. He was conscious that the delegation did not answered all the questions due to the lack of time and added that they only had time to scratch the surface of many issues. Nevertheless, he hoped that the information orally provided, together with the State report and the written replies would have answered to the majority of the questions.
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