The UN Convention on the Rights of the Child (UNCRC) was adopted in 1989 after
11 years of negotiation among the UN and its related bodies such as UNICEF, as well as
the International Committee for the Red Cross and many NGOs. 9 In fact, NGOs were
instrumental in the development and adoption of both the 1924 and 1959 declarations as well as the 1989 convention. Nongovernmental organizations played a critical
role in ensuring that a legally binding agreement was reached. Moreover, particular
elements including ‘‘articles which give the child protection against sexual and other
exploitation, traffic, torture, and armed conflicts’’ would have not been included were
it not for the determined efforts of NGOs. 10 However, while the role of international
cooperation was acknowledged, the convention relied heavily on domestic mechanisms and little on the ‘‘international machinery’’ required to enforce these rights. 11
The United Nations created the Special Rapporteur on the sale of children, child
prostitution, and child pornography in 1990, but its emphasis was also domestic implementation. However, by 1994 an increasing awareness emerged concerning the lack of
international cooperation, including a UN General Assembly resolution calling for the
‘‘need to adopt efficient international measures’’ in addition to domestic solutions. 12
The Special Rapporteur began to highlight the international character of the problem
of child sexual exploitation by framing the issue in terms of states that fall on the demand or supply side of the problem. 13 By 1995, the Special Rapporteur began to note
the impact of new communications technology on legislation and jurisdiction, noting
that ‘‘new technology gave birth to concepts and applications like cyberporn or audiopornography, not envisaged by most legislation’’ and that when ‘‘materials cross national boundaries the determination of the forum having jurisdiction over the offence
will also pose a problem.’’ 14 The Special Rapporteur represented an early attempt to
sustain cooperation after the UNCRC was adopted in 1989; however, it was confined
to an advisory role. Although the ability to make recommendations helped in terms
of agenda setting and raising the profile of the issue, it fell well short of facilitating sustained cooperation.
The 1996 World Congress against Commercial Sexual Exploitation of Children
(CSEC) was the result of the considerable efforts of End Child Prostitution in Asian
Tourism (ECPAT), a child advocacy NGO, and UNICEF. The congress centered on the
UNCRC and culminated in the Stockholm Declaration and Agenda for Action. Despite
the growing awareness of the challenges posed by the rapid expansion of Internet technology, the Stockholm Declaration and Agenda for Action contains no mention of the
Internet. Instead, they focus on the promotion of national laws and policies that
would allow states to meet their obligations under the UNCRC. The Stockholm Declaration encourages states to develop national plans of action to combat child exploitation. Despite some recommendations focused on increasing communication and
cooperation among states, civil society, and international organizations, the primary
emphasis of the document is on domestic state action. In fact the document explicitly
58
Nart Villeneuve
11 years of negotiation among the UN and its related bodies such as UNICEF, as well as
the International Committee for the Red Cross and many NGOs. 9 In fact, NGOs were
instrumental in the development and adoption of both the 1924 and 1959 declarations as well as the 1989 convention. Nongovernmental organizations played a critical
role in ensuring that a legally binding agreement was reached. Moreover, particular
elements including ‘‘articles which give the child protection against sexual and other
exploitation, traffic, torture, and armed conflicts’’ would have not been included were
it not for the determined efforts of NGOs. 10 However, while the role of international
cooperation was acknowledged, the convention relied heavily on domestic mechanisms and little on the ‘‘international machinery’’ required to enforce these rights. 11
The United Nations created the Special Rapporteur on the sale of children, child
prostitution, and child pornography in 1990, but its emphasis was also domestic implementation. However, by 1994 an increasing awareness emerged concerning the lack of
international cooperation, including a UN General Assembly resolution calling for the
‘‘need to adopt efficient international measures’’ in addition to domestic solutions. 12
The Special Rapporteur began to highlight the international character of the problem
of child sexual exploitation by framing the issue in terms of states that fall on the demand or supply side of the problem. 13 By 1995, the Special Rapporteur began to note
the impact of new communications technology on legislation and jurisdiction, noting
that ‘‘new technology gave birth to concepts and applications like cyberporn or audiopornography, not envisaged by most legislation’’ and that when ‘‘materials cross national boundaries the determination of the forum having jurisdiction over the offence
will also pose a problem.’’ 14 The Special Rapporteur represented an early attempt to
sustain cooperation after the UNCRC was adopted in 1989; however, it was confined
to an advisory role. Although the ability to make recommendations helped in terms
of agenda setting and raising the profile of the issue, it fell well short of facilitating sustained cooperation.
The 1996 World Congress against Commercial Sexual Exploitation of Children
(CSEC) was the result of the considerable efforts of End Child Prostitution in Asian
Tourism (ECPAT), a child advocacy NGO, and UNICEF. The congress centered on the
UNCRC and culminated in the Stockholm Declaration and Agenda for Action. Despite
the growing awareness of the challenges posed by the rapid expansion of Internet technology, the Stockholm Declaration and Agenda for Action contains no mention of the
Internet. Instead, they focus on the promotion of national laws and policies that
would allow states to meet their obligations under the UNCRC. The Stockholm Declaration encourages states to develop national plans of action to combat child exploitation. Despite some recommendations focused on increasing communication and
cooperation among states, civil society, and international organizations, the primary
emphasis of the document is on domestic state action. In fact the document explicitly
58
Nart Villeneuve