Committee on the Rights of the Child

Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

List of issues to be taken up in connection with the consideration the initial report of Rwanda, adopted by the Committee at its pre-sessional working group for the sixty-second and sixty-third sessions (8–12 October 2012)

The State party is requested to submit in writing additional, updated information (15 pages maximum), if possible before 1 February 2013.

The Committee may take up all aspects of children’s rights contained in the Optional Protocol during the dialogue with the State p arty.

1.Please provide statistical data (disaggregated by sex, age, urban and rural residence and socioeconomic background) for the past three years on the number of:

(a)Reports of sale of children, child prostitution and child pornography, with additional information on the type of action taken as a result, including the prosecution and punishment of perpetrators;

(b)Children trafficked into and out of Rwanda and children trafficked within the country for the purpose of sale, prostitution or pornography as defined in article 3, paragraph 1, of the Optional Protocol; and

(c)Child victims who have been given assistance for recovery and social reintegration or been paid compensation, in accordance with article 9, paragraphs 3 and 4, of the Optional Protocol.

2.With reference to paragraph 90 of the State party’s report, please indicate what steps have been taken to establish an effective national data collection system on the offences covered by the Optional Protocol. Please also provide information on the support being provided to evidence-based research on the extent, root causes, characteristics and consequences of these offences.

3.Please indicate whether special legal, psychological and other training is given to professionals who are likely to come into contact with child victims of sale, prostitution, and pornography, such as judges, public prosecutors, the police, social workers, health-care providers, members of the media and other professionals.

4.With respect to coordination of policies and programmes for the implementation of the Optional Protocol, please clarify the responsibilities and specify which Government department or body, within the various ministries cited in paragraphs 21–23 of the State party report, is responsible for the overall coordination of activities to give effect to the Optional Protocol.

5.Please provide information on recent preventive measures adopted by the State party to protect children from becoming victims of offences under the Optional Protocol, in particular: boys and girls living in refugee camps, children engaged in forced domestic work, and children in street situations. In this regard, please also elaborate on the directives and strategic plans for children in street situations referred to in paragraph 190 (ii) of the State party report. Please also clarify whether mechanisms exist to identify and detect children at risk of becoming victims of the offences under the Optional Protocol.

6.Please clarify whether domestic legislation criminalizes and defines all offences related to sale of children as defined in articles 2 and 3 of the Optional Protocol, in particular transfer of organs of the child for profit, forced child labour and illegal adoption, including inducing parental consent for adoption.

7.With reference to paragraph 93 of the State party report, please indicate to the Committee whether domestic legislation, in particular Organic Law No. 1/2012 of 2 May 2012, criminalizes sexual exploitation crimes in line with the Optional Protocol. In particular, please indicate which provisions of domestic legislation criminalize the production, distribution, dissemination, export, sale and possession of child pornography.

8.Please indicate what measures have been taken to combat the sale of children in the light of the high number of reported cases of children who are victims of domestic servitude.

9.Please inform the Committee of measures taken to improve screening of child victims of trafficking and steps taken to ensure that such child victims are referred to the appropriate rehabilitation centres, childcare institutions or other facilities.

10.Please provide statistical data on the number of children who have been convicted of defilement or sexual abuse under Article 33 of the Law No. 27/2001 of 28 April 2001, including those convicted for consensual sex with other children.

11Please provide the Committee with further information on social reintegration assistance as well as physical and psychosocial recovery measures available for victims of offences covered by the Optional Protocol. Furthermore, please clarify whether child victims of the offences covered by the Optional Protocol are criminalized, especially victims of child prostitution. Are measures also taken to avoid the stigmatization and marginalization of victims?

12.Please provide updated information on the budget and implementation of the National Scale Up Strategy for One Stop Centres which provide holistic services child victims of offences under the Optional Protocol.

13.Please inform the Committee whether all offences under the Optional Protocol are subject to extraterritorial jurisdiction. Please also inform the Committee whether the Optional Protocol can be used as a legal basis for extradition of an alleged offender without the condition of the existence of a bilateral treaty.

14.In the light of the existing problem of cross-border trafficking for the purpose of economic and sexual exploitation, please provide more information on measures taken to strengthen international assistance in connection with investigations or criminal or extradition proceedings brought in respect of the offences covered by the Optional Protocol.