CRINMAIL 70: HRC 16th Session Closes
In this issue:
To read this CRINMAIL online, click here
Since our last HRC special CRINMAIL, which covered the first two weeks of the Council's 16th Session, a number of important events and discussions have taken place, including where children are concerned.
Independent Experts presented their country-specific reports on Myanmar, North Korea, Burundi, Democratic Republic of Congo, and the Occupied Palestinian Territories. The Independent Expert on minority issues also presented a report, which focused on her visits to Vietnam and Colombia.
A new Special Rapporteur was appointed on the situation of human rights in Iran, with several other Special Procedure mandates extended. A total of 40 resolutions were also adopted by the Council, including a resolution on: "Children living and / or working on the street", further to this year's Day on the Rights of the Child. The theme for next year's day was also confirmed: "Children and the administration of justice".
Fifteen States had their Universal Periodic Review (UPR) reports adopted, including the United States, and a range of issues were discussed in the General Debates.
As CRIN has been doing throughout the session on our 16th Session page, this CRINMAIL documents the inclusion of children's rights in the latest discussions.
News on Special Procedures
Special Procedure presentations
Special Procedures (read more about these, here), present reports to the Council on a particular country or theme. The concerned States then respond to the report, followed by other UN Member States and NGOs.
Country reports
Myanmar / North Korea (read an overview of the discussions)
The Special Rapporteur on the situation of human rights in Myanmar, Mr Tomas Ojea Quintana, presented his report to the Council, which included several references to children. In his presentation, he said he had decided to focus on the right to education because not only was it a crucial enabling right, it was also essential in building a strong democracy.
The Special Rapporteur on North Korea, Mr Marzuki Darusman, (read his report) said that for his mandate to be truly effective, a visit to the Democratic People's Republic of Korea was essential. Moreover, he asked for the participation of other countries to help foster the necessary dialogue and cooperation for an official invitation to occur. The "no access, no aid" principle was not necessarily an effective strategy in trying to create change in the Democratic People's Republic of Korea.
Occupied Palestinian Territories (read an overview of the discussions)
The Special Rapporteur on the Occupied Palestinian Territories, Mr Falk, said his report focused on several developments pertaining to Israeli violations of human rights in the Occupied Territories.
He made several references to children, notably describing a recent report by a British Parliamentary group visiting a military court used to prosecute children at Camp Ofer, near Ramallah. The group were said to be shocked by what they witnessed, including child defendants – 13 and 14 years old – brought into the courtroom with their legs shackled and handcuffed, usually behind their backs. The group also reported how childrens' jail sentences were lengthened by as much as three times unless they pleaded guilty; the judge had no interaction with the child defendants and was reported never even to look at them; and proceedings and signed confessions were in Hebrew, a language most of these children did not know.
Burundi / Democratic Republic of Congo (read an overview of the discussions)
On advisory services and technical assistance for Burundi, the Council resolved that the Independent Expert on the situation of human rights in Burundi will report to the Council at its 17th session, to be followed by an interactive dialogue. (Read the Expert's report).
In addressing the situation in DRC, the Council urged the government to redouble its efforts to put an end to all violations of human rights and bring the perpetrators to justice. (Read the Expert's report)
Thematic reports
Minority Issues (read an overview of the discussions)
The Independent Expert on minority issues, Ms Gay McDougall, presented her report to the Council. She reported on her two official missions to Vietnam and Colombia. Referring to Vietnam, she said: "Access to quality and appropriate education was a fundamental gateway to development and poverty eradication for minorities in the country". Other references to children were made in her report and presentation.
Special Procedure Appointments
During the 16th Session, one new Special Procedure mandate was created and several extended.
New mandates created
Iran: On a resolution introduced by Sweden and the United States, the Council adopted by a vote of 22 in favour, 7 against and 14 abstentions, a resolution in which it created a Special Rapporteur on the situation of human rights in Iran.
The Special Rapporteur will report to the Human Rights Council and the General Assembly, presenting an interim report to the Assembly at its 66th session, and submitting a report to the Council for its consideration at its 19th session.
Mandate extensions
The Council voted to extend a number of Special Procedure mandates. Key mandates relating to children are listed below:
Country-focused mandates
Thematic-focused mandates
- Read an overview of the appointments of Special Procedures: Here, here and here.
Upcoming Special Procedure visits / NGO contributions
- The Special Rapporteur on contemporary forms of slavery, including its causes and consequences, Ms. Gulnara Shahinian, is focusing her 2011 thematic report on the issue of children working in the mining and quarrying sector. The report will be presented to the Council in September 2011. Please send Ms. Shahinian information by 15 April at: [email protected].
- The Special Rapporteur on the sale of children, child prostitution and child pornography, Ms. Maalla M'jid, will be undertaking a country visit to the Republic of Mauritius from 2-10 May 2011. Please send information to [email protected].
- The Special Rapporteur on trafficking in persons, especially women and children, will be undertaking a country visit to Thailand in early August 2011. Please send information to [email protected].
- View the list of Special Procedure country visits in 2011
Further Information on Special Procedures
Universal Periodic Review
States reviewed in the 9th session of the UPR, which took place in November last year, had their reports adopted during the 16th session. Each State's UPR report was considered and adopted individually, with the State under Review responding to the recommendations made to it during the initial review. UN Member States and NGOs were then allowed to make statements.
Fifteen States had their reports adopted during the 16th session, with Libya's UPR postponed due to the ongoing situation in the country.
In the discussion on the United States, speakers regretted that a large number of recommendations made during the Working Group had been rejected by the United States, including on the death penalty and the creation of an independent human rights institution. Speakers also expressed their disappointment over the Government's failure to take concrete actions to ratify a number of treaties.
Children's rights mentions
CRIN has extracted references to children's rights from the pre-review reports submitted by the above States, UN bodies and NGOs. You can access these children's rights reference reports, here. As soon as the final outcome reports are published, CRIN will be extracting the children's rights references from the final recommendations.
Upcoming UPR Reviews
Thirty-two States are still awaiting review in the first cycle of the UPR. These States will make up sessions 11 and 12.
N.B. The deadlines for submitting reports for these two sessions has now passed.
Further Information on the UPR
Resolutions Adoptions
A number of resolutions were also adopted during the session. The Council adopted resolutions on:
- "Children living and / or working on the street"
In a resolution (A/HRC/16/L.13/Rev.1) regarding the rights of the child: a holistic approach to the protection and promotion of the rights of children working and/or living on the street, adopted without a vote, the Council strongly condemns the violations and abuses of the rights of children living and/or working on the street. These violations include discrimination and stigmatization, lack of access to basic services, including education and basic health care, and all forms of violence, abuse, maltreatment, neglect or negligent treatment experienced by them.
- Read CRIN's report on the Day on the Rights of the Child 2011
Other resolutions related to children were adopted on:
- "The protection of human rights in the context of HIV and AIDS"
The Council decided to hold a panel discussion at its 19th session to give voice to people living with or affected by HIV and AIDS. in particular young people, women and orphaned children.
- "Freedom of religion or belief"
- "The role of international cooperation in the realisation of the rights of persons with disabilities"
- "Combating intolerance and discrimination based on religion or belief"
Day on the Rights of the Child 2012: Theme adopted.
The 2012 Day on the Rights of the Child will be on: "Children and the administration of justice". Members of the NGO Working Group for the HRC (NGO Group for the CRC) will be making information available shortly.
General Debates
22 March – Debate under Item 8
Further to the debate, a new pact supporting LGBT rights was signed by 85 countries at the Human Rights Council. The signatories included 20 countries who had avoided similar LGBT-specific statements in the past. - Read more about the discussions
15 March - General Debate under Item 5
During the general debate on matters that require the Council's attention, a number of speakers took to the floor. Baha'i International Community (NGO) spoke about the worrying situation for Baha'i children in Iran, saying that these children were vilified in the classroom and could be expelled if they corrected misinformation.
- Read about the discussions.
22 March – General Debate on follow-up and implementation of the Vienna Declaration and Programme of Action
During the debate, some speakers said that the Vienna Declaration and Programme of Action stipulated that national and international mechanisms and programmes should be strengthened for the defence and protection of children, in particular the girl-child, abandoned children, street children, and children in armed conflict, and that international cooperation and solidarity should promote the implementation of the Convention on the Rights of the Child.
- Read more about the discussions
22 March - General Debate on racism, racial discrimination, xenophobia and related forms of intolerance
In the general debate, speakers said that 10 years after the Durban Conference, much still needed to be done in terms of practical steps to fight racism and religious intolerance. There was concern at the resurgence of contemporary forms of manifestations of racism, racial discrimination and intolerance, including the denigration of religions wrongly justified on the ground of the right to freedom of expression.
- Read more about the discussions
Other News
Guiding Principles on business and human rights launched
On 24 March, the UN released a document on: "Guiding Principles for the Implementation of the UN Protect, Respect and Remedy Framework", by UN Special Representative on business & human rights, John Ruggie. The Human Rights Council will consider formal endorsement of the text at its June 2011 session.
The Guiding Principles highlight what steps States should take to foster business respect for human rights; provide a blueprint for companies to know and show that they respect human rights, and reduce the risk of causing or contributing to human rights harm; and constitute a set of benchmarks for stakeholders to assess business respect for human rights.
- Read the Guiding Principles report
CRIN's response to draft:
On 31 January, CRIN responded to the Special Rapporteur's draft Guiding Principles, as part of the consultation process. CRIN lamented the lack of focus on children in the Guiding Principles, stating: "By some estimates, children make up half of the world's population. Yet in the draft Guiding Principles, they remain virtually invisible. In fact, mentions of children's rights in the draft are limited to two, and children are not discussed directly in any of the draft Principles".
- Read CRIN's response in full.
Human Rights Council Review 2011
The Council adopted a text on the review of the work and functioning of the Human Rights Council, for submission to the General Assembly in New York. The outcome of the review process would complement the Institutional Building Package and would enhance the efficiency of the Council.
On 18 March, a General Debate under Item 6 took place in the Council, with a focus on the UPR. Several NGOs took to the floor to express their disappointment at the outcome of the review process, in particular the lack of progress made in reforming the UPR.
Advisory Committee members appointed
The Council elected six new members of the Human Rights Council Advisory Committee, appointing Dheerujall Baramlall Seetulsingh, Obiora Chinedu Okafor, Ahmer Bilal Soofi, Purificación Quisumbing, Latif Huseynov and Anantonia Reyes Prado.
Next regular session at the Council
The next regular session of the Council will take place from 30 May to 17 June. Information will be made available in due course on our website and through this email list.
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