GOT COMBATS CHILD SEXUAL EXPLOITATION THROUGH LAWS

UNCLAS TUNIS 000784 SIPDIS SENSITIVE SIPDIS STATE FOR NEA/MAG - LAWRENCE, NEA/RA - MENARD, G/TIP - PATEL, G, INL, DRL, PRM, IWI STATE PLEASE PASS TO USAID E.O. 12958: N/A TAGS: PHUM KCRM KWMN ELAB SMIG ASEC KFRD PREF TS SUBJECT: GOT COMBATS CHILD SEXUAL EXPLOITATION THROUGH LAWS AND SOCIAL SERVICES REF: A. TUNIS 771 ¶B. TUNIS 443 ¶1. (SBU) SUMMARY: On April 2, Poloff met with the Ministry of Women, Family, Children and Elderly Affairs (MWFCEA),to discuss GOT efforts to prevent child sexual exploitation. (NOTE: The issue was raised in a 2002 private study and Ref ¶A. END NOTE.) Aida Ghorbal, the Ministry's Director General for the Protection of Children, and Najoua Bettouzia, the Ministry's Director of International Cooperation, provided an extensive overview of GOT efforts to protect children, particularly those at risk of sexual exploitation. They explained the responsibilities of the General Delegate for the Protection of Children and provided 2004 statistics on child sexual exploitation and draft 2005 statistics. The information gathered during the discussion provided a clear picture of the GOT's commitment to preventing the exploitation of children, which both stressed was a fundamental GOT priority. END SUMMARY. ¶2. (U) LAW: In 1995, Tunisia adopted Law No. 92 regarding the Child Protection Code. The code defines "threatened children" as those who are at risk of sexual exploitation (as well as those without family support, juvenile delinquents, mistreated, homeless, deprived or economically exploited children. Article 25 explains that sexual exploitation includes prostitution or any other form of sexual deviation, including commercial sexual exploitation, that exploits the child. Ghorbal explained that the GOT considers any form of sexual abuse to be punishable under this code, including rape or incest. ¶3. (U) IMPLEMENTATION: The General Delegate for Children's Protection was created in 2002, to supervise, coordinate, follow up and assess the activities of child protection delegates. Each of the twenty-four Tunisian states has a child protection delegate who is responsible for investigating reports of child abuse or maltreatment. Since the delegates were first established, the Ministry has increased resources, so that office equipment, staff and transportation are available to support the delegate's protective responsibilities. Bettouzia said that anyone who is aware of a possible case should report their suspicions to the delegate, who then opens an investigation, consulting family members, school and police officials, medical personnel, neighbors and anyone else who may know the child. Thus, Ghorbal explained, the delegate is responsible for coordinating the GOT investigation into the situation, as well as advising what public and private resources are available to address the problem. For example, in the case of child sexual exploitation, the delegate would be responsible for ensuring that the child receives proper medical care and counseling, that legal action is taken against the abuser, and that the child is removed from the circumstances that led to the abuse. ¶4. (U) Ghorbal said the state's fundamental philosophy is that the best place for the child is with family members, but that a number of GOT shelters and group homes (twenty-four nationally) can provide for children at-risk due to family abuse or mistreatment. The GOT also runs nearly two hundred children's clubs, particularly in at-risk areas, that organize educational, social and cultural activities for children. The employees of these centers are trained child-care providers who can identify at-risk children in order to ensure adequate government services are provided. ¶5. (U) EDUCATIONAL CAMPAIGNS: Ghorbal explained that when the Child Protection Code was first enacted, the GOT undertook a nationwide educational campaign to inform children of their rights and protections under the law. Additionally, Ghorbal said that children's rights are part of the national educational curriculum and that courses on this subject begin in the third grade of primary school. Child protection delegates are also responsible for disseminating information about children's rights and the child protection code. According to the 2004 Annual Report on the Status of Children, delegates participated in radio programs about their responsibilities and children's rights, participated in regional conferences and seminars about at-risk children, and organized the 2004 Child Protection Month, themed "Towards Active Participation to Protect Children." Child Protection Month began in Tunisia in 2002 to coincide with the anniversary of the 1989 ratification of the International Agreement on the Protection of Children and has been observed annually since 2002. ¶6. (U) The GOT also created a "Children's Parliament" to inform children of their rights and encourage children's participation in the governing process. The Parliament provides another opportunity to educate children of their rights and protections under Tunisian law, as a different government organization is responsible each year for focusing on its role in the protective process. On March 30, Minister of Justice and Human Rights Bechir Tekkari answered questions about "Protection of Children: Legislation and Jurisprudence" during the first session of the 2006 General Assembly of the Children's Parliament. Tekkari addressed child sexual assault, noting that it is not a major "phenomenon" in Tunisia. However, Tekkari explained that anyone involved in an abuse case could demand the withdrawal of custody or guardianship from parents who sexually assault their children. ¶7. (U) STATISTICS: Government statistics are published annually in the Annual Report on the Status of Children. Ghorbal said the Child Protection Code had helped identify at-risk children. For example, 2001 statistics reveal 2,781 child protection investigations; however, as citizens became more aware of the code and the process, this number had increased to 3,998 reports in 2004. Ghorbal noted that official 2004 statistics indicate 93 reported cases of sexual exploitation among the nearly 4,000 reports. She also showed Poloff a draft of the 2005 report which shows that reported cases of child sexual exploitation in 2005 declined to eighty. Ghorbal explained that among the eighty reported victims of child sexual exploitation, the number of commercial sexual exploitation victims is not part of the annual report, although individual case files do identify the specific abuse. When asked about the likelihood of commercial sexual exploitation of children by foreign tourists, Bettouzia said no such cases had been reported during the two years she has worked in the Ministry. ¶8. (U) PROSECUTION: Of the nearly four thousand cases investigated from August 2003 - July 2004, the judiciary reviewed 2186 cases of at-risk children, including nine cases of child sexual exploitation (all girls). The Annual Report on the Status of Children does not detail the punishments given to offenders, as they are prosecuted under Tunisia's civil or criminal code, as explained in Ref B. However, to give an example of the types of punishments, a man found guilty of raping a nine-year old girl was sentenced to death in February 2006. ¶9. (SBU) COOPERATION: Bettouzia said that Tunisia has worked closely with UNICEF, the WHO and other UN agencies in developing its child protection efforts. In the past, Bettouzia said that Tunisia had received technical assistance in the field of child protection from European countries, particularly Belgium. However, she said that Tunisia's capabilities had developed to the extent that the relationship was more cooperative and exchange-oriented today than in the past when Belgium had provided technical expertise. ¶10. (SBU) WAY AHEAD: Ghorbal said that, in the future, the GOT aims to further improve the quality of services provided to children. As the position of child protection delegate is still relatively new, the GOT aims to develop an institutional level training program for delegates, who have in the past received training directly from government ministries. Ghorbal said that interest in child protection issues is growing in Tunisia, and the Ministry expects officials will continue to become better qualified as new training programs are developed. HUDSON