CRINmail 106
In this issue:
To view this CRINmail online, click here.
It’s been a very busy month at the UN, with various experts and treaty bodies pressing States on their children’s rights record. This CRINmail looks at some of the key issues raised - including violence, right to seek asylum, discrimination and many more - and gives you a round-up of what November’s treaty body sessions mean for children’s rights before letting you know what’s coming up.
Best wishes
The CRIN Team
UNIVERSAL HUMAN RIGHTS DAYS
Universal Children's Day
The 20th of November marked Universal Children’s Day - the anniversary of when the UN General Assembly adopted the Declaration of the Rights of the Child in 1959 and later the Convention on the Rights of the Child (CRC) in 1989. To mark the Day, five UN children’s rights experts called on States to make protection from violence against children a priority in the post-2015 Millennium Development Goals.
The CRC and its three Optional Protocols are the benchmark of children’s rights. While every State bar two (the United States and Somalia) have ratified the CRC (South Sudan passed a law last week ratifying the CRC, making it the latest State to ratify), 33 States have yet to ratify the Optional Protocol on the sale of children, child prostitution and child porngraphy, and 44 States have not ratified the Optional Protocol on the involvement of children in armed conflict. The newest addition - the Optional Protocol on a complaints procedure for children - was adopted by the General Assembly last year and now has nine ratifications (Thailand, Gabon, Bolivia, Germany, Spain, Albania, Portugal, Montenegro, and Costa Rica), putting it one ratification away from entering into force.
Human Rights Day
Human Rights Day is celebrated on 10 December every year - the day the UN General Assembly adopted the International Declaration of Human Rights in 1948. Under the theme “Working for Your Human Rights”, this year’s Geneva celebrations will be held on 5 December and will commemorate the 20th Anniversary of the Office of the High Commissioner for Human Rights (OHCHR). The day will feature discussions on a variety of current human rights issues, including human rights defenders, equality and participation in economic and political life, the Internet and the free flow of information and human rights mechanisms (bodies and legal instruments which help enforce human rights, click here for a detailed description of some of them and how they apply to children’s rights). Click here for more on the Day and how to get involved, and you can find an agenda here.
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KEY ISSUES THIS MONTH
Violence against children
UN to finally press the Vatican on child sexual abuse - 16 January
The UN Committee on the Rights of the Child (CRC) is finally set to press the Holy See on child sexual abuse committed by members of the Catholic Church around the world and covered up by Vatican officials. The date is set for 16 January during the CRC’s 65th session in Geneva.
CRIN is encouraging survivors, support groups and others who have been affected to attend the session in person. Please note that prior accreditation must be obtained to do so, and that the deadline to obtain it is 30 December. You can find more information about the session - including the questions the Holy See has been asked - here, and the accreditation forms and information about where they need to be sent can be found here. If you are unable to attend the session you can still witness it live via the UN’s Treaty Body webcast.
For further information, including other ways that you can get involved in work CRIN is doing around the Holy See’s review, please contact [email protected].
“Unacceptable” levels of violence against children in Benin
“It is unacceptable that so many - too many - children in Benin are victims of violence, abuse or exploitation on the pretext of traditions, customs or poverty,” said the Special Rapporteur on the sale of children, child prostitution and child pornography, Najat Maalla M’jid, earlier this month after a visit to the country. She has called on the government to make child protection a priority after expressing alarm at the high number of victims of infanticide (believed to be ‘sorcerers’), female genital mutilation (FGM), early marriage, corporal punishment and rape. Lack of access to justice, corruption and impunity are cited as reasons for the continuation of these practices.
Click here to a read a report by the International NGO Council on Violence against Children on harmful practices based on tradition, culture, religion or superstition.
Inhuman sentencing: UN 2014 country visits on the prevention of torture
The UN Subcommittee on Prevention of Torture (SPT) plans to visit Azerbaijan, Ecuador, Malta, Nicaragua, Nigeria, Netherlands and Togo in 2014. The missions will be a combination of visits to detention facilities and providing advice and assistance to national authorities on how to best comply with obligations under the Optional Protocol to the UN Convention against Torture (OPCAT).
The detention of children can in many respects amount to torture, and the Convention on the Rights of the Child states that a child should only be detained if it is absolutely necessary (i.e. for public safety concerns) and for the shortest time possible. But one very specific type of torture that children suffer in the penal system is inhuman sentencing, which can include sentences of death, life imprisonment and corporal punishment. CRIN is campaigning to end inhuman sentencing of children, and Nigeria is one country out of 40 who still currently allow it.
Australia’s asylum policy puts vulnerable people at risk, including children, says UN agency
Asylum seekers who have been transferred from Australia to offshore processing centres at Manus Island in Papua New Guinea (PNG) and Nauru are living in arbitrary detention in conditions that fail to meet international standards, according to two reports released by the UN Refugee Agency (UNHCR) this week.
The wellbeing of vulnerable people at both centres - who include torture survivors and unaccompanied children - is of particular concern to the UNHCR. It has called upon all three States to not transfer children, particularly those who are unaccompanied, until there has been a marked improvement in conditions at the centres.
Earlier this year Australia announced that no asylum seekers arriving by boat will be resettled in the country. Under “Operation Sovereign Borders” - instigated under the newly elected government - boats carrying asylum seekers are to be towed away from Australia (usually to Indonesia). The operation is headed by a three-star military general, meaning access to information (including to the press) has been restricted. Click here for more.
Roma in Europe - “guilty until proven innocent”?
Following numerous stories of authorities removing “non-Roma looking” children from Roma families and sensationalist media coverage last month, the UN Independent Expert on minority issues, Rita Izsák, warned that “stigmatisation of Roma communities as criminal is disturbing and dangerous”. She went on to say in her statement that “some authorities and media outlets appear to be working on the basis that the Roma are ‘guilty until proven innocent’” before she called on the media and political figures to “refrain from dangerous generalisations on the supposed criminality of Roma”.
The European Roma Rights Centre (ERRC) has produced two factsheets to help clarify the issues - one on the legal standards relating to racial profiling and child removal, and the other on some of the main issues facing Roma children in Europe today which rarely receive media coverage.
Transparency: Human Rights Council
The end of webcasting?
Budget constraints are putting the Human Rights Council’s (HRC) live webcast under threat. Since official written records of the discussions were axed a few years ago, the webcast is the only official record of all HRC discussions. This would be a massive blow for transparency and for activists trying to follow the discussions, particularly those who cannot make it to Geneva to attend in person. Official documentation, such as resolutions and reports of the Universal Periodic Review (the UN mechanism that monitors every UN State’s human rights record) will still be available online, but a complete record of what was said would be lost.
The President of the HRC has written to the President of the General Assembly to ask if the webcast can be included in the HRC’s biennial budget. Currently it is funded by the HRC on an ad hoc basis. You can read the full text of the letter here.
Elections
Fourteen new States were elected to the UN’s main human rights monitoring body, the Human Rights Council (HRC), this month. Algeria, China, Cuba, The former Yugoslav Republic of Macedonia, France, Maldives, Mexico, Namibia, Russia, Saudi Arabia, South African, the United Kingdom and Viet Nam all won a seat after the General Assembly vote.
Elections to UN bodies provide an opportunity to call on newly elected States to improve their human rights records. Prior to the recent HRC elections, over 40 organisations (lead by the International Service for Human Rights) sent a joint letter to the General Assembly expressing that States known to commit gross human rights violations and fail to respect the UN system should not be allowed to serve on the HRC.
CRIN’s transparency campaign is based on similar principles of accountability and suitability, and one of its key aims is to ask whether the people appointed to the top position in children’s rights are indeed the best people for the job. This month saw a special edition of our weekly English-language CRINmail on the HRC elections which included an analysis of the state of children’s rights in some of the big States recently elected to the HRC. The analysis of China, France, Russia, Saudi Arabia and the United Kingdom is based on the Children’s Rights Wiki, which comprises a list of issues raised by different international human rights monitoring bodies. Click here to read the special edition.
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UN HUMAN RIGHTS SESSION ROUND-UPS
There have been a number of UN human rights mechanisms in session over the past month, and below is a quick snapshot of some key issues raised for children’s rights. You can find out more by clicking on the hyperlinked country names.
The Universal Period Review (17th session) and the 51st session of the Committee on Economic, Social and Cultural Rights (CESCR) also took place, but final reports have yet to be issued. We will update you on those sessions once the final reports have been published.
Human Rights Committee
The Human Rights Committee, the UN mechanism that monitors and enforces the International Covenant on Civil and Political Rights (ICCPR), held its 109th session between 14 October - 1 November. Please note that the review of the United States has been postponed until the next session in March 2014 because of the government shutdown.
The Committee raised concerns over child sexual abuse in both Mozambique and Uruguay, citing a lack of investigation and prosecution of perpetrators. The concerns for Uruguay centre around the alleged sexual abuse of several girls sent to live in a children’s home (Children and Adolescents Institution (INAU)). The Committee recommends both States ensure prompt and independent investigation of reports of child sexual abuse.
Sexual violence against children in detention in Djibouti was also under the Committee’s spotlight. The Committee recommends Djibouti ensure all children and adults are separated while in detention, and that alternative sentences to prison for children should be promoted.
Reproductive rights in Bolivia and Djibouti were of concern to the Committee, particularly around bans on abortion, even following a rape, in both countries. Both countries only allow therapeutic abortion (i.e. when the mother’s life is at stake), and in Bolivia all women must obtain prior judicial authorisation to have an abortion. This even includes therapeutic abortion and girls who have been raped. The Committee recommended both States amend their laws to include more exceptions to the ban and ensure education on sexual and reproductive health.
The law in Mauritania still allows death sentences for children. Despite a moratorium since 2007, the Committee recommends the State abolish the death penalty and ratifies the Second Optional Protocol to the Covenant on the abolition of the death penalty. CRIN is campaigning to end inhuman sentencing of children, which includes sentences of death, life imprisonment and corporal punishment. Click here for more information on the campaign, and here for our submission, along with Penal Reform International and the International Juvenile Justice Observatory, to the UN Secretary-General’s 2012 report on the moratorium on the use of the death penalty, which includes information on Mauritania among other countries.
Committee against Torture (CAT)
The CAT held its 51st session between 28 October and 22 November, and below is a brief summary of the key children’s rights issues raised.
Violence against children came up many times, with specific mentions in seven out of the nine concluding observations. Specially, the CAT is concerned over domestic and sexual violence against women and children in its reviews of Andorra (lack of laws prohibiting violence, including marital rape), Latvia (the Committee urges the State to ensure impartial and effective investigation and prosecution) and Mozambique.
The latter received the biggest number of concerns, with the CAT urging Mozambique to raise the age at which statutory rape can occur (currently at 12) and remove “seduction” and the “victim’s virginity” as prerequisites to make the rape of any child under the age of consent a crime. The CAT is also seriously concerned about violence and sexual abuse against girls in school - both by teachers and pupils - and urges the government to take all necessary steps to investigate these crimes and prosecute offenders and increase education and awareness to better empower girls.
Corporal punishment of children received particular attention, with the CAT urging Andorra, Burkina Faso (unofficial summary of French language version), Belgium (unofficial summary of French language version), Kyrgyzstan and Mozambique, to make it clear in law that corporal punishment of children is banned.
The CAT also raised concerns about the lack of information on hazardous child labour in Burkina Faso and Uzbekistan. In particular, the CAT said that Burkina Faso should prosecute anyone who forces children to beg, and put an end to the exploitation of children in mines and domestic labour. CAT expressed concern about reports from Uzbekistan that between 500,000 and one million people, including children, are mobilised to pick cotton for up to two months a year, and that they live in substandard conditions without access to safe drinking water. The Committee recommends Uzbekistan stop forced labour in the cotton sector, and permit independent NGOs and activists to conduct regular monitoring to ensure it happens.
Belgium’s juvenile justice system received attention, with the CAT repeating its previous recommendation that the State must set up a system that complies with the Convention on the Rights of the Child (CRC). Currently children aged 16 and above can be tried as adults, and if found guilty, are detained with adults in prisons which, the CAT noted, are massively overpopulated, violent and lacking health care and hygiene. On juvenile justice, the CAT recommended Burkina Faso ensure that children are only detained as a last resort and if necessary for the shortest time possible.
Migration rights came up for Latvia, and the CAT expressed concern that 13 per cent of the population is classified as a “non-citizen resident”. While praising the government for simplifying the naturalisation process, the CAT recommend it raise awareness of the process among parents whose children are eligible for citizenship and consider granting citizenship at birth to prevent statelessness. The CAT is also concerned that asylum seekers in Poland, including children, are detained in guarded centres or under arrest in prison-like conditions for the purpose of expulsion.
The CAT raised concerns about the ill-treatment, discrimination and abuse of Roma and other minorities in Portugal, including allegations of excessive force used by police against members of the Roma community, including children, in Regalde in 2012. The CAT recommends Portugal take measures to protect Roma communities, including encouraging reports of ill-treatment, publicly condemning attacks and increasing tolerance and respect for diversity including among the police.
Committee on Enforced Disappearances (CED)
The CED held its 5th session between 4 November and 15 November, during which Argentina and Spain were put in the spotlight. Please note that the links are to CRIN’s unofficial summaries of the CED reports, which are currently only available in Spanish. You can find the CED reports here.
In terms of children’s rights issues, the CED has criticised Argentina for failing to include enforced disappearances that occurred after 1983 (the end of the country’s military dictatorship) in laws providing reparation measures. The CED also emphasised the importance of incorporating a gender (i.e. women’s rights) and children’s perspective into how governments handle enforced disappearances in its recommendations to both Argentina and Spain. Specifically for Spain, the CED recommends the State strengthen its efforts to trace and identify children suspected of being victims of kidnapping or enforced disappearance.
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YOUR CHANCE TO CONTRIBUTE!
Enforced disappearances
The UN Working Group on Enforced or Involuntary Disappearances is conducting a one-year study on the effects of enforced disappearances on the economic, social and cultural rights of victims, families and human rights defenders. The report will be presented to the Human Rights Council in September 2014. Click here for more information, including how to submit a case.
Early marriage
As we reported last month, the Office of the High Commissioner for Human Rights (OHCHR) is asking for submissions for its upcoming report on child, early and forced marriage. The deadline is 15 December, and you can find more here.
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UPCOMING UN EVENTS AND ADVOCACY OPPORTUNITIES
The UN Forum on Business and Human Rights is meeting next week (2-4 December) in Geneva. Click here for more information, including a provisional agenda and concept note.
Special Procedure visits
Special Rapporteur (SR) on violence against women - Azerbaijan (25 November - 5 December)
SR on internally displaced persons - Sri Lanka (2 - 6 December)
Working Group (WG) of Experts on People with African Descent - Brazil (4 - 13 December)
SR on indigenous peoples - Peru (6-13 December)
SR on food - Malaysia (9 - 18 December)
WG on arbitrary detention - Morocco (9-18 December)
SR on water and sanitation (9-19 December)
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Useful Contacts and Resources
Useful Resources
Contacts and Organisations
THE LAST WORD
“Every day, millions of children are affected by conflict, suffer from violence, neglect, abuse and exploitation at home, in schools, in institutions, in the community and in places where they work. These situations are not inevitable and they can be effectively prevented,” said five UN experts to mark Universal Children’s Day.
- Click here to find out who the experts are, and for further information.
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