CRINMAIL 91:
January at the UN
In this issue:
To view this CRINMAIL online, click here.
Welcome to our first edition of Children’s Rights at the UN for 2013. This CRINMAIL will reflect on key events that occurred at the UN during the course of last year before previewing the year ahead.
Reflecting on 2012
Last year proved to be a busy year at the UN, with children’s rights featuring in a number of discussions: from juvenile justice to harmful traditional practices; the right to nationality to human rights defenders; the ongoing crisis in Syria to child executions in Yemen.
Below is a brief round up.
Progress for justice?
Juvenile justice featured prominently in a number of UN discussions, most notably the Human Rights Council’s annual children’s rights discussion in March. The Special Representative of the UN Secretary-General on Violence against Children, Ms Pais, said: “In many countries, children are faced with various forms of inhuman sentencing, including life imprisonment, caning, flogging, stoning. Banning all forms of inhuman sentencing is an urgent priority.”
However, a number of States failed to mention that child offenders can legally be sentenced to death, life imprisonment and/or corporal punishment in their respective countries. More here. In August, the High Commissioner for Human Rights launched a follow-up report, which highlighted implementation gaps in States' approaches.
To coincide with the day, CRIN produced a report to stimulate a new debate on juvenile justice that questions why children are made criminals at all. At the moment, the debate is too focused on moving the minimum age for criminal responsibility up or down a year to two. CRIN’s report argues that we should stop making children criminals. A well-functioning juvenile justice system should separate the concept of responsibility from the concept of criminalisation, so children can be removed from the criminal justice system and full attention can be given to their rehabilitation.
Meanwhile, during the General Assembly’s 67th session, a resolution on the “administration of justice” was adopted in which it encouraged 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 invited States “to consider repealing all other forms of life imprisonment for offences committed by persons under 18”. Read our report on life imprisonment sentences for children in the Commonwealth States, and more about our inhuman sentencing campaign here.
No forms of violence are justified!
In September, the International NGO Council on Violence against Children launched a report on harmful practices based on tradition, culture, religion or superstition, stating that the continued legality and social and cultural acceptance of a very wide range of practices in many states illustrates a devastating failure of international and regional human rights mechanisms to provoke the necessary challenge, prohibition and elimination of these human rights violations.
In November, the General Assembly adopted the first ever draft resolution aimed at ending the harmful practice of female genital mutilation, which was hailed by Secretary-General Ban Ki-moon as a major step forward in protecting millions of women and girls. More on harmful traditional practices here.
Welcome extension
The NGO Council welcomed the General Assembly’s extension of the mandate of the Special Representative of the UN Secretary-General on Violence Against Children for a further three years. Ms Pais, the holder of the post, said in her annual report to the Council that universal ratification of the first two Optional Protocols to the CRC is key in promoting children’s protection from violence. She also launched a new publication: “Tackling Violence in Schools: A Global Perspective”. Visit our Violence microsite here, and subscribe to our Violence CRINMAIL.
A first!
In June, the Council made its first ever affirmation of the right to nationality, passing a resolution calling upon all States to adopt and implement nationality legislation with a view to prevent and reduce statelessness among women and children.The Open Society Justice Initiative welcomed the adoption, but said it fell short of accepted treaty standards. More here. Read also about the first ever UN resolution on birth registration here.
Stop demonising youth
In her report to the Council, Ms Sekaggya, the Special Rapporteur on human rights defenders, said that “youth and student protestors are seen as troublemakers rather than groups that can contribute to constructive debate". Several other Special Rapporteurs joined Ms Sekaggya in urging world governments to halt reprisals against individuals and groups seeking to cooperate with the UN and regional human rights systems.
NGOs made a joint statement lamenting the challenges they faced in achieving full and effective participation in the work of the Council, particularly in informal discussions.
New territory
"A historic moment" is how Navi Pillay, UN High Commissioner for Human Rights, described the UN's first formal discussion on sexual orientation and gender identity. Discussions got off to a bad start, however, with the Organisation of Islamic Cooperation staging a walkout. More here.
Meanwhile, in early December, over a thousand delegates participated in the largest global forum on business and human rights in Geneva, with Ms Pillay telling States that heightened legal standards may be necessary at national, regional or international levels. Read the summary report here.
Countries under the spotlight
The deteriorating situation in Syria - which according to a UN report has killed 60,000 people (and many children) since the start of the uprising - dominated the headlines throughout the year. In December, the UN Commission of Inquiry released a 10-page report painting a bleak picture of the devastating conflict, describing unrelenting violence, arbitrary detention, torture and disappearances. Visit our country page here.
In November, a UN investigation into the human rights situation in southern Masisi in the North Kivu province of the Democratic Republic of the Congo revealed that at least 264 civilians, including 83 children, were arbitrarily executed by armed groups in more than 75 attacks on villages between April and September. Read more about the conflict in our special Armed Conflict CRINMAIL here.
The ongoing crisis in Mali has led to serious human rights violations, a UN report said, including extrajudicial killings, rape, torture, amputations and forced disappearances at the hands of both rebels and Government forces. The report emphasises that women and girls in particular have suffered degrading treatment by hard-line Islamist groups based on "an extreme interpretation of Sharia law”. Girls as young as 12 or 13 are said to have been forcibly married to radical Islamists and sexually abused by them. A war crimes probe is underway at the International Criminal Court for acts committed in Mali since January 2012. More on our country page here.
For further news on countries in the spotlight, including the new Special Procedure mandates established on Belarus and Eritrea, visit our HRC news section. You can also visit our Armed Conflict CRINMAIL archive, which includes special editions on a number of countries in the headlines.
Committee on the Rights of the Child
Since the signing ceremony for the third Optional Protocol to the Convention on the Rights of the Child on a complaints mechanism (OP) on 20 February, 36 States have signed the OP and two ratified (Gabon and Thailand). Ten States are required to ratify before it can enter into force. Visit the website of the international campaign for ratification.
On 18 December, States elected nine new members to replace those whose terms expire on 28 February 2013. The nine candidates are from Austria, Bahrain, Brazil, Ecuador, Ethiopia, Italy, Malaysia, Russia, and Slovakia. You can read the interviews CRIN conducted with the candidates in the lead up to the election. More on the process here. Read also about the Human Rights Council membership elections here.
UPR - Time to deliver!
At the end of the first cycle of the Universal Periodic Review, States and NGOs alike agreed that the success of the mechanism depends on the implementation of recommendations, and whilst it is perhaps too early to judge, UPR Info’s new study of 66 States shows that 40 per cent of recommendations have triggered actions from governments. Read the report: “On the road to implementation”.
Further signs that States are taking the UPR seriously were seen when a number of countries, including China and Sri Lanka, voiced strong criticism concerning the publication of media highlights on the website of the Office of the High Commissioner for Human Rights. Meanwhile, the delegation from India were caught modifying the wording of certain recommendations in order to accept them.
Further Information
The coming year in 2013
Below is an overview of key events taking place at the UN this year. For a full list of events taking place within the UN system, including the Committee on the Rights of the Child and other Treaty Bodies, the UN General Assembly and the UN Security Council, visit our events calendar.
Round-up of January
The Committee on the Rights of the Child closed its 62nd session on 1 February, issuing its Concluding Observations to nine States. During the session, the Committee adopted General Comments on the best interest of the child, the right to play, the right to health, and the impact of the business sector on children’s rights, and also rules of procedure for the third Optional Protocol (complaints mechanism). Full details of all the above will be available in early February. More here.
Israel became the first State to boycott their Universal Periodic Review during the 15th session (21 January to 1 February). The council reacted by adopting by consensus a decision calling on the government to be reviewed in October 2013. France, Mali and Serbia were among the 13 other States examined. Visit our session page here. Find out how to engage with the UPR, read about NGO experiences, and find out which coalitions exist here.
During a side-event held in conjunction with the UPR session, child rights experts reviewed global progress in prohibiting corporal punishment of children. Paulo Sérgio Pinheiro, the Independent Expert appointed by the UN Secretary-General to lead the UN Study on Violence against Children, acknowledged progress however stressed that such advancements were made mainly outside the family setting. More here.
Further to a visit to the United Kingdom, the Special Rapporteur on freedom of peaceful assembly and of association expressed concern about the use of embedded undercover police officers in groups that are non-violent, and also the police practice of ‘kettling’ used in London in the last few years. He urged the government to review a number of legal and policing measures. More here.
Finally, the Working Group on business and human rights visited the United States from 28 January - 1 February. Details will be posted on our Special Procedures page. View also the full list of 2013 visits.
February / March
The UN Working Group on business and human rights will hold its 4th meeting from 11- 15 February. More details here. Read about last year’s sessions here.
Children’s Rights will feature prominently on the agenda at the Council’s 22nd Session (25 February to 22 March), most notably during the Annual Day on the Rights of the Child - this year focusing on the right to health - scheduled to take place on 7 March. Find out what other discussions are set to take place here.
April
Russia, Bangladesh and Germany will be among the 14 States set to be examined during the UPR’s 16th session (22 April - 3 May). More here.
The Kyrgyz Republic is the destination for the Special Rapporteur on the sale of children, child prostitution and child pornography, from 15 - 26 April 2013; whilst the Special Rapporteur on violence against women will visit India from 22 April - 1 May.
May / June
The 63rd session of the Committee on the Rights of the Child will take place from 27 May to 14 June. Find out which States are under review, here.
The Human Rights Council’s 23rd session is scheduled to take place from 27 May - 14 June. Details will be posted on our session page.
September
The final session of the Human Rights Council (24th session) will take place from 9 - 27 September. Details will be posted on our session page.
During the Committee on the Rights of the Child’s 64th session, taking place from 16 September to 4 October, the Day of General Discussion will focus on media, social networks and the rights of the child. All details will be posted on our session page.
The General Assembly’s Third Committee will open its 68th session. Dates and details to follow.
October
China, Chad and Saudi Arabia will be under the spotlight during the UPR’s 17th session, which runs from 21 October - 1 November. Find out which other States are set for review here.
December
The 2nd Forum on Business and Human Rights will take place from 3 - 4 December. Read about the inaugural forum here.
Useful Resources and Contacts
Useful Resources
Contacts and Organisations
As always, you can keep up to date with all our coverage of children’s rights at the UN by clicking on the following links:
If you have any feedback on our new CRINMAIL, please write to us at [email protected].
THE LAST WORD
“[Today’s decision would serve as] a precedent to be applied in all similar circumstances of non-cooperation in the future.”
The President of the Human Rights Council, Mr Henczel, commenting on the decision adopted by the Council on 29 January to reschedule Israel’s Universal Periodic Review further to the government’s failure to turn up to their own examination. It remains to be see what impact Israel’s no-show will have on the mechanism.
Back to top
|
