CRINmail 144
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While the world celebrates the 70th anniversary of the United Nations by lighting up more than 200 landmarks in 60 countries in blue — the official colour of the UN, we take this opportunity to reflect on the need for greater transparency and openness in UN processes.
Since 2009, our transparency campaign, has revealed that too many UN decisions remain shrouded in secrecy: from appointment processes, to the motivations for limiting NGO access, and internal procedures for handling allegations of human rights violations, including sexual abuse. Below are a few examples of such decisions and the actions taken to counter them.
NGO participation blocked
The United Nations Economic and Social Council (ECOSOC) resolution allows civil society participation in the work of the UN. The Committee on NGOs oversees its implementation and processes all applications by civil society organisations for ECOSOC status. For NGOs to participate fully in the UN system, they need ECOSOC status. Without it, they are confined to the sidelines - unable to submit questions, attend UN sessions or hold side events in their own name. However, the process of getting ECOSOC status lacks transparency and clear requirements.
CRIN has been deferred from attaining ECOSOC status seven times since we applied in 28 May 2010 by what we believe are tactics employed by some States to deny access to NGOs critical of governments and select their own jury at the UN. We soon discovered that this impression is shared by others. The International Service for Human Rights (ISHR) has reported on ECOSOC's work and its lack of transparency. The Human Rights House Foundation called ECOSOC the “21st century censorship bureau” in an article from May 2014.
You can find more information on our campaign page: "ECOSOC: less politics, more human rights".
Opaque and outdated process for selecting the Secretary-General
A new UN Secretary-General (SG) will be appointed next year. The SG plays a crucial role in tackling global challenges and improving the lives of seven billion people. But the process for selecting the best person for the job is opaque and outdated. Essentially, it places the appointment in the hands of the five permanent members of the UN Security Council. While States have the power to improve the appointment process and have even agreed on concrete proposals for change, it remains stuck in a time warp. 1 for 7 Billion is a global campaign supported by organisations and individuals around the world committed to securing a more open and inclusive selection process, with genuine involvement by all UN Member States.
Failure to take action to stop sexual abuse
The UN’s failure to protect child victims of sexual abuse has been under scrutiny since April this year, following disturbing accounts of sexual abuse of young boys by French, Chadian, and Equatorial Guinean peacekeepers at a displaced persons camp in Central African Republic (CAR). In the wake of these allegations UN Secretary-General Ban Ki-moon set up an independent review panel to investigate the abuses in CAR and assess the efficacy of reporting procedures. The panel, to which CRIN has submitted information, will also advise the UN on how to respond to similar allegations in the future. Read the the whole story behind the sexual abuse revelations in CAR.
Since the revelations in CAR first surfaced, further accusations against UN peacekeepers have come to light, including in CAR and Burkina Faso. These allegations add to the recent history of sexual abuse cases involving peacekeepers in Democratic Republic of Congo (DRC), Haiti, Burundi, Liberia, Kosovo and Bosnia.
Impunity for wrongdoings around child abuse does not rest only with peacekeeping operations. The Guardian published an internal report on hundreds of cases of UN staff fired for distributing and storing child abuse images or for child rape and sex abuse in the last decade. But the UN has no record of any criminal actions having been brought against any of its staff members.
Politics trumps child protection in armed conflict
In the year of its tenth anniversary, the credibility of the UN's Security Council's monitoring and reporting mechanism (MRM) on grave violations of children’s rights during armed conflict was called into question. Following criticism of the UN for its failure to apply MRM standards to Israel, CRIN, together with Child Soldiers International, felt the need to identify the challenges that impede the functioning of the mechanism. We found that the recent case of Israel is just the latest example of political interference. Indeed, the strong influence of Security Council Member States and other powerful governments over the process has, in certain instances, politicised the mechanism and undermined its primary objective of being an evidence based tool with the potential to have a tangible and positive impact on the lives of children in conflict-affected countries.
We published a critical review of how the MRM works, urging all parties and bodies to ensure that the process remains transparent and is based on independent and impartial evidence gathering and assessment, and that it remains free of political interference.
The UN remains the best hope we have of securing human rights across the world. But if it is to remain fit for purpose, it must lead by example by promoting transparency in all its structures and guaranteeing accountability in all its processes.
The UN General Assembly’s Third Committee started its work on Tuesday 6 October, under the Chairmanship of Morocco. The Committee held detailed thematic discussions and interactive dialogues with States, special rapporteurs, independent experts, and chairs of working groups on a wide range of resolutions and human rights issues. Read the full list of resolutions and reports relating to the UN General Assembly Third Committee, including child specific documents.
Bullying
The Special Representative of the Secretary General (SRSG) on violence against children called for concerted efforts to eliminate bullying in all regions. The side event, which was held during the UN General Assembly’s debate on the rights of the child, emphasised the issue of bullying, including cyberbullying and its impact on children’s development, wellbeing and children’s rights including the right to education. SRSG Santos Pais highlighted the unique potential that schools have to promote non-violent behaviour through creative, critical, and safe use of the Internet and to prevent and respond to incidents of online violence.
Read CRIN’s submission for the preparation of the UN Secretary-General’s report on “Protecting children from bullying”.
Promotion and protection of the rights of children
In the annual debate on promoting and protecting children's rights, experts highlighted the impact on children of conflict in the Middle East, Afghanistan, Central African Republic and in Nigeria. The debate addressed the impact of these conflicts on children's right to education which is often compromised for children living in these conflict areas. A number of States also raised concerns around the continued use of children as soldiers, the involvement of children in extremist and terrorist groups, abuse by UN peacekeepers and the reintegration of children who have been involved in armed conflicts.
Referring to other types of violence against children and harmful practices, delegates said obstacles to the full enjoyment of child rights also included female genital mutilation and forced and early marriages. The refugee crisis was also raised as a matter of deep concern, with the EU delegate highlighting that one in four asylum applicants in the region in the first half of 2015 was under the age of 18. Other notable areas of discussion include a debate around the next steps for implementing the CRC, highlighting the need to move from universal ratification of the CRC to pursuing its universal implementation. Digital issues were also prominent in discussions with speakers expressing concern over the rise in cybercrime, including child pornography and trafficking, as well as the abuse of children through social media.
Migration
In light of the continuing refugee crisis, migration was widely addressed at the Third Committee. It was agreed that there is an urgent need for a more effective, human rights-based approach to the global crisis of migration governance. The overall effect of restrictive law enforcement policies had put migrants at a greater risk, rendering them more vulnerable to human rights abuses and violations. UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, concluded that the crisis would only be resolved when States apply existing, binding human rights commitments to which they have previously agreed and that the root causes of crises have to be addressed, including re-establishing peace, justice and the rule of law in conflict‑affected countries, notably in the Middle East and North Africa.
For more information on this issue, see CRIN’s webpage on Children's rights and the refugee crisis
Gender equality and the protection, promotion and advancement of women's rights
In a thematic discussion on the advancement of women, many States raised concerns around early and forced marriage, trafficking in women and girls, the continued violation of women’s rights, violence against women and girls, unemployment and lack of access to health services. Many delegates focused on how women suffer discrimination in accessing employment, education and health, as well as their under-participation in the public sector and in political decision-making processes. Issues around income inequality in both rural and urban areas were highlighted, as well as the conservative and traditional extremism which continue to restrict young women from pursuing economic opportunities.
A number of African States raised the issue of female genital mutilation, reporting on progress. Meanwhile, several EU States raised concerns around persistent violence against LGBT and intersex persons, explaining that many intersex children are subjected to unnecessary surgical procedures so that they conform to what heteronormative society defines as males or female. In discussing sexual violence against migrant women, all Member States were called on to ratify the International Labour Organization Convention No. 189 on decent work for domestic workers.
Attacks on persons with albinism
The Third Committee also heard from a number of experts about the increasing number of attacks on persons with albinism. The committee was warned of a rising number of attacks including mutilation and murder of people with albinism for the purpose of harvesting body parts for sale on the black market. The situation is especially troubling in sub-Saharan Africa where there is severe discrimination which may result in infanticide, significant barriers to education and a lack of employment opportunities. Women and girls face additional threats of sexual violence and rape due to a belief that they can “cure” HIV and AIDS.
Protection of whistleblowers
The UN’s first proper review of whistleblower protections was presented to the Third Committee, in which the Special Rapporteur on freedom of opinion and expression critiqued the UN for failing to do enough to shield those who reveal secrets in the public interest. The report called for greater protections for journalistic sources, as well as for journalists themselves - particularly those who publicly or privately expose wrongdoing. The report, citing the public's right to receive information from the media that is enshrined in the Universal Declaration of Human Rights, explicitly recommends that States revise and implement national laws "protecting the confidentiality of sources".
For more information on this issue, see CRIN’s webpage on whistleblowers.
The Committee on the Rights of the Child is currently drafting a General Comment on the rights of children during adolescence. This General Comment focuses on all children between the ages of 10 to 18 and sets out what States need to do to guarantee their rights during that period of their lives. It outlines the reasons why there is a need for more emphasis on adolescence, the principles that should inform all legislation and policy affecting them, and provides detailed guidance on what States should be doing to make sure that all adolescents are able to realise their rights.
Here is a link to a child friendly version on the current draft of the General Comment.
In July 2015, a group of adults and young people, taking part in a conference in Switzerland, developed and circulated a questionnaire for adolescents to explore some of the issues raised in the draft General Comment. It is now being shared more widely in order to obtain the greatest possible input from young people themselves as to what the General Comment should say. The Committee on the Rights of the Child is keen to hear their views.
Please distribute the link to the online questionnaire and encourage as many young people under the age of 18 to complete it as possible. It is fairly short and will only take a few minutes to complete. Just click on the following link for the English version: http://bit.ly/1PJqBtq
It is also available in Spanish and French.
And information on the General Comment in French: https://catsconference2014.files.wordpress.com/2015/09/gc-info-fr.pdf
Please note responses are needed by 20th November!
General Comment 36
The Human Rights Committee (CCPR) is holding its 115th session in Geneva. Committee members are currently discussing a draft General Comment on the right to life (article 6 of the International Covenant on Civil and Political Rights (ICCPR)) in a public session.
Paragraph 7 of the draft which stipulates that "States parties may choose to adopt measures designed to protect the life, potential for human life or dignity of unborn children" was discussed. Some Committee members highlighted that the right of women to have control over their bodies and recognition of women’s right to abortion in many countries was a major achievement. They stressed that the Committee should not compromise on this issue in order to ensure true equality between women and men. The continued criminalisation of abortion in some countries has led to hazardous conditions affecting women’s health: 22 million abortions are practised every year under risky conditions, leading to some 47,000 deaths.
Among other controversial aspects of the draft that are yet to be discussed by the Committee is the distinction between justiciable short term obligations an non-justiciable long term State obligations. As the draft stands, the General Comment would severely limit the ability of people to make complaints through the Human Rights Committee’s communications mechanism in relation to issues like malnutrition, life-threatening pollution, extreme poverty and homelessness or lack of access to health-care.
State Party reviews
The CCPR reviewed seven States’ compliance with the ICCPR during its ongoing 115th session:
The Committee was concerned about the fact that San Marino does not have a broad legislative system to protect boys, girls and adolescents.
The Committee expressed concern to Greece about the situation and the detention of unaccompanied minors. The experts noted that Greek legislation does not prohibit detention and that minors are being placed in so-called special centres. Experts also raised concerns about children with disabilities, stressing that only 15 percent are attending school. Committee members were worried about reports of children being locked up.
Austria was urged to address the issue of violence against children. Committee experts asked for statistical data on the number of cases of violence, including sexual abuse of children, and the number of investigations of such cases. The situation of unaccompanied children and their access to citizenship was also raised.
Suriname was urged to address the issue of access to citizenship for children whose parents were not legal residents in the country. Experts were also concerned about the situation of juvenile offenders, stressing that the age of criminal responsibility, fixed at 10 years of age, was too low. Concerns were also raised about corporal punishment taking place at home and in day care centres.
The Republic of Korea was urged to address violence against women and children. While marital rape is now recognised as a crime, the State has yet to pass provisions to criminalise this act and thereby guarantee the rights of children.
Iraq was urged to address the situation of internally displaced children who are not enrolled in school and to take measures to avoid recruitment of children in armed conflict. The Committee was concerned about the high number of children in prisons, specifically those arrested on charges of terrorism and held in harsh conditions.
Treaty body submission deadlines
Committee on Enforced Disappearances: 1 December 2015 for the adoption of lists of issues prior to the review of Bosnia and Herzegovina, Colombia. 12 February for the review of Burkina Faso, Kazakhstan, and Tunisia.
Committee on Economic, Social and Cultural Rights: 28 January for the review of Canada, Kenya and Namibia and the list of issues prior to reporting for Bulgaria, New Zealand and Spain.
Committee on the Elimination of All Forms of Racial Discrimination: 2 November for the review of Egypt, Holy See, Lithuania, Mongolia, Slovenia and Turkey.
Fourteen reports from the Universal Periodic Review (UPR) 22nd session have been adopted. CRIN is uploading children’s rights extracts of the reports.
Belarus was urged to take necessary steps to prevent violence against children and improve their access to health care and to education. Belarus rejected a recommendation to combat and prevent discrimination faced by persons belonging to Roma communities, considering that the necessary steps had already been taken.
Malawi was urged to develop and implement a comprehensive national action plan to prevent and eliminate child, early and forced marriages and amend the Penal code to criminalise all forms of sexual abuse of children, regardless of the sex of the child, and bring the perpetrators to justice.
Mongolia was urged to explicitly prohibit all corporal punishment of children, including in the home, ensure equal access to education for children with disabilities and take steps to effectively prevent child labour and protect children from exploitation, especially from work in hazardous labour conditions.
Panama was urged to look for alternative non-custodial measures for adolescents and explicitly prohibit all corporal punishment of children in all settings, including in the home, and repeal the power to “correct” in the Family Code and the Civil Code. Panama rejected a recommendation to raise the minimum age of marriage and the age of criminal responsibility.
Liberia was urged to eliminate the worst forms of child labour, combat gender-based discrimination, in particular against girls in rural areas and secure equal rights for boys and girls in the education system.
Jamaica was urged to adopt adequate legislation to ensure that children in conflict with the law have access to justice and social reintegration, using the deprivation of liberty as a last resort and take all necessary measures to protect women and children from violence. Jamaica rejected a recommendation to explicitly prohibit corporal punishment in all settings, including the family, schools and institutions.
Speaking ahead of the EU Anti-Trafficking Day, the Special Rapporteur on trafficking in persons, especially women and children, called on European Union Institutions and individual European States to prevent trafficking and protect the rights of people at risk, particularly in relation to the unprecedented numbers of people migrating to Europe. She called on the European Union “to commit to the prevention and eradication of exploitation and trafficking, especially of women and children, in any of the sectors this takes place in such as agriculture, construction, fishery, domestic work, the touristic industry and the sex industry.” She furthermore urged the European Union to ensure that the rights of victims of trafficking, including access to justice and compensation are not negatively impacted by anti-trafficking policies.
The Special Rapporteur on the sale of children, child prostitution and child pornography conducted an official visit to Japan from 19 to 26 October 2015. In her preliminary recommendations, she urged the government to adopt a comprehensive strategy to combat sexual exploitation of children, with the designation of an entity in charge of its design, coordination and follow up, and ensure complementarity with other existing policies adopted on trafficking, poverty and child welfare. She raised the fact that child survivors of sexual exploitation are victims, not criminals, and should be treated and respected as right holders. “They are entitled to effective remedy and redress, including access to justice and right to care, recovery and reintegration”. She also stressed the importance of combating impunity for these offences. A comprehensive report on her visit will be presented to the UN Human Rights Council in Geneva in March 2016.
Find out about Special Procedures upcoming country visits.
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Closing
A joint NGO open letter was sent to candidates to the UN Human Rights Council expressing their concern over clear failures by Council members to take effective measures to address violations of human rights for which they are responsible, particularly of a gross or systematic nature, or to fully cooperate with the Council and its mechanisms. They believe that this situation undermines the ability of the Council to promote and protect human rights and to demand full state cooperation with its mechanisms. Read the full letter.
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