COMMITTEE ON THE RIGHTS OF THE CHILD

Forty-ninth session

15 September – 3 October 2008

OPTIONAL PROTOCOL ON THE SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY

List of issues to be taken up in connection with the consideration of the initial report of the United Republic of Tanzania (CRC/C/OPSC/TZA/1)

The State party is requested to submit in written form additional and updated information, if possible, before 8 August 2008 .

Please provide (if available) statistical data (disaggregated by sex, age group, urban/rural area, ethnic/national origin) and analysis of trends for the years 2005, 2006 and 2007 on:

(a)The number of children affected by the offences covered by the Optional Protocol (sale of children, child prostitution and child pornography), with additional information on type of follow-up provided on reported cases, including prosecutions, withdrawals and sanctions for perpetrators;

(b)The number of reported cases of sale of children for the purpose of (a) sexual exploitation; (b) forced labour; and (c) adoption;

(c)The number of reported cases of child victims of sex tourism with additional information on type of follow-up provided on the cases, including prosecution, withdrawals and sanctions for perpetrators.

It is noted that international treaties cannot be directly invoked in the State party. Please clarify whether the Optional Protocol takes precedence over domestic legislation in case of conflict and provide information on case law whereby the Optional Protocol has been applied in the courts, if any.

GE.08-42658

It is also noted that the definitions of sale of children, child prostitution and child pornography in the Penal Code are not fully in accordance with the definitions given in articles 2 and 3, paragraph 1, of the Optional Protocol. Please indicate what steps are being taken to harmonize domestic legislation with the provisions of the Optional Protocol.

Please also indicate whether the State party has a specific national plan of action (NPA) with a timetable for implementation in relation to the sale of children, child prostitution and child pornography applicable throughout the State party. If so, please provide information on the competent authorities responsible for its implementation and monitoring. If not, please indicate what steps are being taken to develop such NPA to cover all areas of the Optional Protocol.

Please provide more information on the number of children and the types of measures taken by the State party to provide protection and assistance to child victims of sale, child prostitution and child pornography as indicated in article 9, paragraphs 3 and 4, of the Optional Protocol.

Please inform the Committee on measures taken to protect the rights of the child victims of acts prohibited under the Optional Protocol at all stages of the criminal justice process to ensure that they are not criminalized, and in particular on the rules and practice concerning the protection of child victims who have to testify in criminal cases.

Please indicate whether special training on the Optional Protocol is given to all professionals working with and for children, including social workers, medical professionals, judges and prosecutors, and whether social and psychological trainings are provided particularly to persons working in the area of recovery and social reintegration of child victims of the offences covered by the Optional Protocol.

-----