The Arguments:
1.
In Article 61, we oppose the stretched definition from Article 2 of OPSC, and also oppose including fictional child representations, such as drawings, cartoons, and written materials into the definition.
In Article 62, we oppose labeling representations of non-existing children as child sexual abuse material and also oppose it by prohibitive legislation.
2.
In Article 102, we agree to protect and assist sexually victimized children. The framework must defend an existing child from any exploitational bodies, not only by individuals but also commercial, governmental, and non-governmental bodies.
Reasons for Arguments:
1-A)
Drawings, cartoons, written materials, or any other forms of expression that does not directly
infringe any existing individual human rights, even if depicting fictional children engaged in any fictional sexual activities. Banning imaginary representation is not equal to the protective action of human rights.
1-B)
It is a fact that there are several manga titles that depict sexual abuses and rapes, however, they are represented by the imagination of an author, without a record of existing child abuse, which is a criminal offense. Manga is a form of fictional representation, which provides this artform with the potential to represent materials to consider existing child sexual abuses.
2-A)
The inevitable truth is that child sexual abuse occurs in many places, and the protection and support of victimized children is our zero-tolerance task. It should also be noted that existing child molesters are not only nameless individuals but also NGO members and even UN staff.
2-B)
We request everyone to save and protect our children from existing harms, and we also request not to try to save imaginary non-existing children from fictional child abuse.
Background:
1.
We strongly support the idea of protecting the human rights of all children. However, we oppose including fictional representations of children into the definition of "child pornography", and we also oppose including any non-existing childlike representation into the definition of "child sexual abuse materials". This is because fictional representations and non-existing childlike representations do not have individual or group human rights to be saved.
There are manga titles which depict child sexual abuse and rape that are based on imagination and they are non-existing fictional children. Not a small number of these works, such as "Kaze to Ki no Uta" by Keiko Takemiya and "Banana Fish" by Akimi Yoshida, may have critical social value that considers what real sexual abuse is.
Especially, "Banana Fish", which was adapted into a television series in 2018, and depicts the protagonist as a sex slave who is victimized during filming. Its story emphasizes the struggle to survive through his suffering. These narratives are also put in danger by the change and stretch of definition to this fictional area. It may also deprive the rights of children to think about and/or discuss sexual abuse problems and may also conflict with the Convention on the Rights of the Child, Article 17, which encourages international cooperation of cultural diversity.
2.
There is no doubt that child sexual abuse occurs all over the world. However, the perpetrators are not always typical criminals. According to A/71/818 (http://undocs.org/A/71/818) and related documents, even United Nations officers can be an exploitation body. The exploitation of children by socially powerful people is an abuse of power and these injustices reflect social and structural problems. The protection of exploited children from powerful people is critical. Children should be rescued from any sexual abuse, by any person, including all authorities. A protective framework for victimized children by any persons, such as government officers or UN officials is needed.
Political control over the representation of fictional children and imaginary child abuses may be a distraction of attention to protecting victimized children and misuse of our efforts and resources which should be used to save our existing children.
Conclusion
The extended definition of child pornography in the draft guidelines does not function for protecting the rights of existing children. Furthermore, it may deprive children of social benefit and is not reasonable for child rights protection. Considering the recent UN case above, where actual child sexual abuses were perpetrated by members of an international power, imaginary fiction is not appropriately placed by being at the front of these rights issues. It is critical to face real existing human rights violations without transferring responsibility to non-existing fictional expressions.
To guarantee any rights by the states, it does not matter who the targets are; all actions should be achievable, effective, and acceptable to all people of each country. Often, political action against manga and other imagination-based representations apply pressure to comply with unfair regulations that are camouflaged as "Rights Protection" (Appendix). Therefore, true rights protection must also apply to manga to eliminate the unfair suppression of imagination and to protect our children's rights.
Sincerely,
March 30, 2019
Kumiko Yamada
Representative Director of Women's Institute of Contemporary Media Culture/Designer/Art Director
