CRINMAIL 89:
November at the UN
In this issue:
To view this CRINMAIL online, click here.
Committee on the Rights of the Child (CRC)
If you missed last month’s UN CRINMAIL, you can access all of the Concluding Observations issued by the Committee at its 61st session, together with the alternative reports submitted by NGOs, here. For details of January’s 62nd session, click here.
Complaints Mechanism
Germany became the third State to ratify the third Optional Protocol to the Convention on the Rights of the Child, joining Gabon and Thailand. The Optional Protocol (OP) was adopted in the German parliament on 8 November and the official ratification took place on Universal Children’s Day on 20 November.
A further seven States are required to ratify the OP before it enters into force. To date, 35 other States have signed the Protocol, indicating their intention to ratify. Find out which States have signed and learn more about the campaign for ratification here.
- Anita Goh at [email protected]
- Davinia Ovett Bondi at [email protected]
Membership elections
In just over three weeks time, States parties will meet in New York to elect candidates to fill the nine vacancies on the Committee on the Rights of the Child. As you will have seen in our previous UN CRINMAILs, we have been interviewing candidates ahead of the elections to find out who is most suited for the job.
Children in Court
The latest edition of our “Children in Court” CRINMAIL includes a case in Argentina where the Criminal Appeals Chamber has ruled that life imprisonment sentences for persons under the age of 18 are unconstitutional. Argentinian law previously allowed for sentences of life imprisonment to be handed down to children from the age of 16, and guaranteed that they would be detained for a minimum of 20 years.
Citing the Convention on the Rights of the Child, the judgment recognised that life imprisonment of children was incompatible with the requirement to use detention for children as a measure of last resort and for the shortest possible period of time, as well as that such punishment is not compatible with the need to ensure juvenile sentences aim at the reintegration the child. The decision has served to eliminate life imprisonment of children from the laws of South America. Read the full story here. Read also about CRIN’s inhuman sentencing campaign.
The monthly CRINMAIL highlights the latest case law where courts have used the CRC in their decision-making process. Subscribe here and view the archive here.
Further resources
Other news
The Committee has expressed its “deep concern at the devastating and lasting impact the crisis in Gaza and Israel is having on children.” At least 26 children have been killed since the start of the most recent wave of violence. The Committee urged all sides in the conflict to “abide by their unconditional obligations to provide special protection for children.” More here.
Other UN Treaty Bodies
During its 49th session, currently taking place in Geneva, the Committee against Torture adopted its General Comment No. 3 on the implementation of Article 14 of the Convention, which focuses on redress for victims. The General Comment calls on States to establish human rights offices within police forces specifically trained to deal with, amongst other things, violence against children. It also urges States to set up appropriate procedures to address the needs of children. More here.
Russia was among the nine States being reviewed by the Committee against Torture, with members expressing concerns about complaints of sexual violence against minors in detention. More here and here. To find out what NGOs said in their alternative reports to other States under review, including Senegal and Qatar, click here.
Whilst on the subject of torture, the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (SPT) concluded its eighteenth session and announced its provisional programme of country visits for the year 2013, including to Armenia, Germany, New Zealand, Peru and Togo. Find out how to engage with the Subcommittee here, or view details of the OPCAT Contact Group here.
The 53rd session of the Committee on the Elimination of Discrimination against Women (CEDAW) closed on 19 October in New York. Concluding Observations were issued on Chile, Comoros, Equatorial Guinea, Comoros and Turkmenistan. More here. During the Committee’s next session, a half-day discussion will be held on access to justice in preparation for the elaboration of a General Comment. More here.
Finally, the Human Rights Committee closed its 106th session on 2 November, issuing its Concluding Observations to five States. During the session, the Committee held a general discussion on the preparation for a General Comment on Article 9 (Liberty and Security of Person) of the International Covenant on Civil and Political Rights. CRIN participated in the meeting and presented a submission calling on the Committee to ensure that the special guarantees children should receive regarding their right to liberty and security are properly highlighted in the General Comment.
To keep informed of all current and future treaty body sessions, view the full schedule of treaty body sessions on our advocacy calendar.
Information by country
To find out what other treaty bodies are saying - or not - about children’s rights in your country, visit our Children's Rights Wiki. You can also view our country pages by typing the name of the country at the end of www.crin.org/ ; for example, for India, type:www.crin.org/india.
Human Rights Council
Latest news
Preparations have already begun for the Annual Day on the Rights of the Child, to be held during the Council’s 22nd session which runs from 25 February to 22 March 2013. This year’s theme is on “the right of the child to the enjoyment of the highest attainable standard of health”. Information on the day, and the session in general, will be available on our 22nd session page.
“No room for complacency”
On the occasion of the Universal Children's Day (20 November), five top UN child rights experts urged governments around the world to adopt stronger measures to guarantee children's rights. A key objective of the day, which marks the day on which the General Assembly adopted the Declaration of the Rights of the Child in 1959, and the Convention on the Rights of the Child (CRC) in 1989, is to promote the rights of children through increased awareness of the CRC. Further information here.
“My voice counts”
The slogan for this year’s UN Human Rights Day (10 December), which focuses on inclusion and the right to participate in public life is “My voice counts”. Ahead of the day, the office of the High Commissioner for Human Rights is launching a Google+ Hangout series to facilitate civil society participation in a range of discussions, including the impact of business on human rights. Find out how you can participate here. Find out what other events are taking place here.
National Human Rights Institutions (NHRIs)
In her opening statement to the 11th International Conference of the Coordinating Committee of NHRIs, Navi Pillay, the High Commissioner for Human Rights, highlighted the key role NHRIs play in protecting human rights. One of the more positive outcomes of the Human Rights Council Review last year was the more prominent role provided to NHRIs, notably in their engagement with the UPR and Special Procedures. The theme for the conference focused on the human rights of women and girls, with special attention to violence. Outcomes to follow in due course. More here.
You can also find out more about the role of Ombudspersons and how to engage with them here.
Membership elections
On 12 November, the General Assembly elected 18 members to the Human Rights Council. However, four of the five geographic regions that are allocated seats to the Council ran uncontested slates, guaranteeing election for the candidates nominated. During the Council’s review back in 2011, NGOs submitted proposals in an attempt to prevent this happening, but their efforts were unsuccessful.
To find out which States have been elected and to read more about the process, visit the website of the International Service for Human Rights here.
Universal Periodic Review (UPR)
Fourteen States were examined during the 14th session of the UPR, which closed on 5 November, including Sri Lanka who received comments and questions by 98 States. UPR Info once again expressed its concern at the increasing number of States engaged in negotiations to change the wording of recommendations. More here.
Below you can view a summary of each review by the International Service for Human Rights (ISHR), together with CRIN’s child rights extract reports and links to individual country pages on our Children’s Rights Wiki.
Further Information
- Read the recommendations issued from the first cycle of reviews here
- Visit our 14th session page here
- NGOs with ECOSOC status can now make oral interventions during the plenary sessions. Find out how here
- Further information and advocacy opportunities here
- Visit upr-info.org
Upcoming 15th Session
France, Mali and Israel are among the 14 States set to be examined during the UPR's 15 session ( 21 January - 1 February 2013). Find out which other States are under review here.
Deadline changes
The Office of the High Commissioner for Human Rights (OHCHR) recently changed the deadlines for the NGO submissions for UPR sessions 19 - 25. The new dates are as follows:
- Session 19: 1 October 2013 (instead of 4 and 11 November 2013)
- Session 20: 3 March 2014 (instead of 1 March 2014)
- Session 21: 30 June 2014 (instead of 1 July 2014)
- Session 22: 1 October 2014 (instead of 1 November 2014)
- Session 23: 3 March 2015 (instead of 1 March 2015)
- Session 24: 30 June 2015 (instead of 1 July 2015)
- Session 25: 29 September 2015 (instead of 1 November 2015)
The deadline for NGO submissions to the 15th and 16th sessions has passed, with the 17th session deadline set for 4 March 2013. For further information on deadlines, click here.
NGO reporting database
In last month’s UN CRINMAIL we included our updated database of child rights-focused organisations reporting to the UPR (national and international NGOs, Ombudspersons, etc.)
The database reveals a marked increase not only in the number of child rights organisations reporting to the mechanism, but significantly in the number of coalitions being established. For the recently finished 14th session, 21 joint submissions were made compared to only two joint submissions for the same set of States reviewed in the 2nd session back in 2008.
The advantages of joining a coalition were highlighted in the responses to our 2010 UPR survey. To find out which coalitions exist in each country, view our database. You can also read our “NGO guide to using the UPR” here.
Not using the UPR?
CRIN’s research into the UPR is just as relevant for organisations who are not engaging with the mechanism. Our complete set of child rights extract reports include a list of which recommendations States have accepted and rejected in their reviews. Access the reports here.
Special Procedures
Several thematic and country mandate-holders have been presenting their reports to the General Assembly’s 67th session in New York.
Thematic reports
In her report, the Special Rapporteur (SR) on human rights defenders expressed concern about the restrictions imposed on defenders by States, urging governments to ensure legislation has “clear and non-discriminatory provisions”. The SR on violence against women focused on disabilities (more here), while Mr Mendez, the SR on torture, said the death penalty may amount to torture or cruel, inhuman or degrading treatment (more here).
The Special Rapporteur on trafficking urged business enterprises to refrain from using trafficked labour, and prevent and monitor the use of such labour by its suppliers. Whilst on the subject of business, details have been released ahead of the inaugural Forum on Business and Human Rights, taking place on 4 / 5 December. You can view the agenda, NGO submissions, and details of side events here.
Country reports
The Special Rapporteur on Iran requested new access to the country, and also visited diaspora in Germany, Sweden and Norway from 11 - 22 November, whilst the SR on North Korea requested a more detailed mechanism of inquiry. On Myanmar, the Rapporteur welcomed progress but says there is much more to be done (more here).
Upcoming visits
The Special Rapporteur (SR) on summary executions will visit Turkey from 26 - 30 November, whilst the SR on migrants heads to Greece from 26 November until 3 December. Madagascar will be the destination for the SR on slavery from 10 - 20 December, with members of the Working Group on arbitrary detention visiting Azerbaijan from 3 - 12 December. Find out how you can engage with the Special Rapporteurs during their visits here.
Further Information
UN General Assembly
In last month’s CRINMAIL, we highlighted key children’s rights discussions taking place during the 67th session of the General Assembly, which closes on 28 November. Below is an update:
Juvenile justice?
After weeks of intense negotiations, including the rejection of five amendments introduced by Egypt, Singapore, Antigua and Barbuda, Trinidad and Tobago, and Botswana, a draft resolution was approved on the death penalty. In the approved text, the General Assembly calls on States to establish a moratorium on executions, with a view to abolishing the practice; and not to impose capital punishment for offences committed to persons under the age of 18. Read the full press release here, and information about CRIN’s inhuman sentencing campaign here.
The General Assembly also adopted a revised version of the resolution on "Human rights in the administration of justice". The resolution urges States to “ensure that, under their legislation and practice, neither capital punishment nor life imprisonment without the possibility of release, nor corporal punishment is imposed for offences committed by persons under 18 years of age”. It further invites States “to consider repealing all other forms of life imprisonment for offences committed by persons under 18”. You can read the full resolution here, and join CRIN’s debate on “Stop making children criminals” here.
A step closer to equality?
References to sexual orientation and gender identity were included for the first time in a resolution condemning extrajudicial, summary or arbitrary executions. Back in 2010, the General Assembly voted to leave out references to sexual orientation. More here. You can also read about the Human Rights Council’s first ever resolution on gender identity and sexual orientation, adopted in 2011, here.
Still going!
Discussions are ongoing on the Resolution on the Rights of the Child, which this year focuses on indigenous children, and also on female genital mutilation. Both are expected to be adopted at the conclusion of the session. Details will be posted on our General Assembly 67th Session as soon as they become available.
Don’t forget us!
Finally, in presenting her report to the General Assembly, Navi Pillay, UN High Commissioner for Human Rights, voiced her concern over the limited resources available to her office. She said: “This tradition of keeping human rights as the Cinderella of the three [UN] pillars must be addressed”. More here.
For a full list of discussions and coverage, visit our 67th Session page. You can also visit the website of the International Service for Human Rights (ISHR) who are covering the session extensively and will be providing a summary review in due course.
Further Information
- Read more about children’s rights at the General Assembly here.
- Visit the webpage of the General Assembly here.
UN Security Council
During an emergency session on the Democratic Republic of Congo, the Security Council strongly condemned the latest attacks by the M23 rebel group, which displaced yet more civilians in the east of the country. The UN peacekeeping force responded by deploying attack helicopters to support the national army.
In its adopted resolution, the Security Council strongly condemns the human rights abuses committed by the M23 rebel group, including "recruitment and use of child soldiers", and calls on perpetrators responsible for, amongst other things, violence against children to be "apprehended, brought to justice and held accountable for violations of applicable international law".
Useful Resources and Contacts
Useful Resources
Contacts and Organisations
If you have any feedback on our new CRINMAIL, please write to us at [email protected].
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