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Viewing cable 06TUNIS784, GOT COMBATS CHILD SEXUAL EXPLOITATION THROUGH LAWS

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Reference ID Created Released Classification Origin
06TUNIS784 2006-04-04 11:54 2011-08-24 16:30 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Tunis
VZCZCXYZ0028
OO RUEHWEB

DE RUEHTU #0784/01 0941154
ZNR UUUUU ZZH
O 041154Z APR 06
FM AMEMBASSY TUNIS
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0318
INFO RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC IMMEDIATE
RUEAWJB/DEPARTMENT OF JUSTICE WASHDC IMMEDIATE
RUEHC/DEPT OF LABOR WASHDC IMMEDIATE
RUEATRS/DEPT OF TREASURY WASHINGTON DC IMMEDIATE
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