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CRINMAIL 1213: Towards a complaints mechanism
In this issue:
Top story
Complaints mechanism: update on negotiations
Latest news and reports
- Civilian uprisings: North Africa & the Middle East
- Children's freedom of association: Lebanon, Syria & Africa
- Abuse in alternative care: India & Malaysia
- Mass violations: Afghanistan & Sudan
- Radical education policy: Somalia
- Addressing violence: Jamaica & Central America
- Disappointing rights agenda: European Union
- Plight of Roma continues: Portugal
- Widespread abuse & neglect: United Kingdom
Forthcoming events
Employment
Jargon of the Week
To view this CRINMAIL online, click here.
Update on the negotiations for the complaints mechanism
The third drafting meeting for the complaints mechanism opened last week in Geneva. The aim of the meeting was to agree on a draft text for adoption by the Human Rights Council in June.
The Chairperson said it had been a busy two months of negotiations and consultations since the last meeting in December. He informed States that during the break, he had met with regional groups and that these discussions had been fruitful.
Negotiations during the first two days were spent on the most contentious issues, namely whether individual communications would extend to the two existing Optional Protocols, collective communications (part 1 and part 2), the issue of who can submit a communication, interim measures, friendly settlements, the inquiry procedure, and whether reservations to the protocol should be permitted. [Read a summary]
Take it or leave it
The second part of the meeting was mostly dedicated to informal consultations. By the end of Tuesday, however, the Chairperson made a surprising announcement and proposed a take-it-or-leave-it package. He felt that it was important to present States with a final compromise option in the interest of having a draft Optional Protocol ready for submission to the Human Rights Council in June. With this in mind, he proposed a number of changes for States to consider in a last ditch effort to reach consensus.
Among other things, he suggested that the draft Optional Protocol allow States to "opt-out" of applying the complaints mechanism to existing Optional Protocols, remove the collective communications mechanism, allow States to "opt-out" of participating in the inquiry procedure, and allow for reservations.
Before the day closed, the Committee on the Rights of the Child took the floor to express deep disappointment at the Chair's proposal. "We must remember that we are engaged in this process to protect the best interests of the child; the CRC is a legal instrument that recognises children as holders of rights," Chair of the Committee Yanghee Lee began.
Noting the two-decade-long journey towards creating an effective and accessible mechanism for children, she gave an impassioned speech urging States to reject the package: "We would like to make a plea to you not to lower the bar any lower than you should, not to lower the threshold below what is guaranteed, what is already established in other instruments for children. Children should not be marginalised...and have a lesser instrument than anyone else."
The Chairperson closed the meeting admitting that he sometimes "had the feeling that many of us have been protecting more the rights of States than the rights of the child."
Final answer
The final day of negotiations opened with reactions to the proposal package made by the Chairperson. There were mixed feelings with some States opposed outright on the basis that the proposal weakened the mechanism, while others were more willing to come to an agreement.
The representative from Liechtenstein, for example, said that a compromise should be based on give and take, which had not been the case.
From Latin America, representatives from Paraguay, Uruguay, Costa Rica, Brazil and Mexico all agreed that their delegations were very committed to the process, but that the package was not ambitious enough, nor balanced, and that it was weaker than any other existing mechanisms.
Finland and Belgium emphasised the importance of reaching a balanced compromise that suited everyone but that several issues in the proposal clearly weakened the mechanism and would need to be changed.
Conversely, a number of States were willing to come to some agreement on the proposal on the basis of reaching wide ratification, including the United States, Russia, Japan, China and the United Kingdom.
While the Committee on the Rights of the Child and UNICEF both agreed that the compromise package would unreasonably weaken the mechanism, and that there was a need for an enhanced - not a weakened - instrument for children to be able to obtain remedies to violations of their rights.
And NGOs urged States to reject the package and take further time as necessary to achieve an effective protocol. Similar opinions came from the National Human Rights Institutions (NHRIs) which classed the package as regrettable.
The Chairperson then announced that as too many States disagreed with the proposal, he was withdrawing it altogether.
The meeting was closed shortly thereafter to leave time for informal meetings. [read more]
And the verdict is...
It was only at 7 p.m. that the Chairperson returned after intense negotiations between States to present a final compromise proposal in a last ditch effort to bring the drafting process to a close.
The final text was approved with oral amendments, yet it remained largely in line with the take-it-or-leave-it proposal on contentious articles presented on Tuesday afternoon.
The agreed text included the complete deletion of collective communications, the deletion of the clear disadvantage clause, and the deletion of the provision on reservations (meaning that States can make reservations when ratifying the protocol). The one notable change was that the agreed text would not allow for States to "opt-out" of applying the communications procedure to existing Optional Protocols to the CRC.
However, a number States still expressed concerns and wanted clarification on certain issues. Russia and China, for example, had reservations about who could represent a child in bringing a communication, and wanted to limit representation to adults with close connections to the child.
Similarly, Iran felt that a child's consent to representation should be required in all instances. With the support of Nigeria, Iran also called for the return of the option to "opt-out" of accepting complaints under the existing Optional Protocols.
On a more sombre note, Uruguay spoke to express regret that it felt it had no choice but to sacrifice certain mechanisms that were essential for the protection of children in order to reach consensus.
Although acknowledging that the week's proceedings had indeed resulted in a historic event, the Chair of the Committee on the Rights of the Child, Yanghee Lee spoke with great sadness and disappointment. "I am afraid that we have affirmed that children are mini humans with mini rights", she said, "and the current draft fits this idea of children."
Ms. Lee felt she had no choice but to apologise to children for what she viewed as a truly missed opportunity for children's rights, lamenting "I am deeply sorry to every child that we have not succeeded in recognising them fully as rights holders."
On an ever so slightly more upbeat note, the International Commission of Jurists (ICJ) and NGO Group for the CRC reminded States that the process had been rushed, and that they still had four months before the presentation of the draft to the Human Rights Council to make things right. [read more]
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In the next couple of weeks, we will bring you a more detailed analysis of what happened during this session as well as information about what happens next.
Updates from the meeting:
Further information
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Reporting on the OPSC and OPAC
The NGO Group for the CRC has published a guide that aims to assist NGOs in the process of reporting on the Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography (OPSC) and the Optional Protocol to the CRC on the Involvement of Children in Armed Conflict (OPAC). Download the guide here.
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Latest news and reports
Civilian Uprisings: North Africa and the Middle East
Egypt’s Health Ministry has said that at least 356 civilians were killed and 5,500 injured during the country’s 18 days of protests that brought down Hosni Mubarak’s 30-year rule. Political power has since been handed to the Supreme Council of the Armed Forces which is already drafting constitutional amendments. However, women’s groups have criticised the fact that the Council’s members are all male, which they say excludes half of Egyptian society. Rights groups have also pointed out that among the Council members there are no independent, constitutional law experts who enjoy the trust of the general public. Full story.
Notably, a prominent Egyptian scientist has called on public figures to support the proposal to collectively award the Nobel Peace Prize to Egyptian young people whose role was integral to the eventual ousting of Mubarak. Read more here.
Meanwhile in other parts of the region, anti-government uprisings continue. In Yemen, protests at Sana’a University have entered their seventh day, as students continue demanding that the current government step down on account of allegations of corruption. In the past few days, protesters have been attacked with steel and wooden batons by government supporters and by plainclothes police officers wielding electric tasers, leaving dozens injured. Full story.
In Bahrain, anti-government protesters continue to call for political reform and respect for human rights, after two days of violent clashes between police and protesters left at least two civilians dead in the country’s capital Manama. The police has been criticised for its heavy-handed approach to protesters by opening fire on them, as has the country’s king, Sheikh Hamad bin Isa Al-Khalifa, for not addressing the demands of the people. Full story.
Read updates on other countries in the region.
Children's freedom of association & participation
The notable participation of young people in the civilian uprisings across North Africa and the Middle East, in addition to the fact that the median age of country populations is relatively young (for example, 17 in Yemen and 21 in Jordan), is heating up debates on re-considering children’s freedom of association and possibly lowering the age of the right to political participation.
For instance, the Lebanese caretaker Social Affairs Minister, Salim Sayegh, has pressed Lebanon’s upcoming government for recognition of child protection through a new draft law, which also upholds children’s right to freedom of association. Among other provisions, the proposed law entails lowering the current legal age requirement for joining associations from 21 to 15. Full story.
For more details on children’s freedom of association in Lebanon, click here.
To read last week’s editorial on children’s right to freedom of association, click here.
Meanwhile the African Union has decided that the theme of its next summit to be held in June 2011 will be: "accelerating youth empowerment for sustainable development", which will address why the legal age to vote in the region should be lowered to 16. As The Guardian reports, most African States have set the minimum voting age at 18; yet given that Africa has the youngest and fastest growing population in the world, with over 40 per cent under the age of 15 and more than 20 per cent between the ages of 15 and 24, this decision lacks an acknowledgement of the existing social and political realities of the region. Full story.
In Syria, however, children’s right to freedom of expression continues to be repressed, as a recent case has shown in which a schoolgirl blogger was sentenced to five years imprisonment. The girl was 17 when she was arrested in 2009 accused of alleged espionage, after “revealing information that should remain hushed to a foreign country”. She had previously written articles on her blog expressing a desire to participate in shaping the future of Syria, and had asked the United States president, Barak Obama, to increase efforts to support the Palestinian cause. Full story.
To read details on the campaign to end inhuman sentencing of children, click here.
Abuse in alternative care
Three children have run away from a children's home in Chingmeirong Lei-Ingkhol, India, after being mistreated by the secretary of the management committee, who forced them to undertake manual labour and whipped them as punishment. Full story.
This case follows previous revelations of abuse in a children’s home in Bangalore, India, in which child residents were reported to be suffering from overcrowding, hunger, lack of running water, deficient infrastructure, health issues and beatings and physical torture at the hands of their caregivers. Full story.
Meanwhile in Malaysia, a report of sexual abuse in a children’s home in Penang has prompted Prema Devaraj, Programme Director of the Penang-based organisation Women’s Centre for Change, to identify steps that should be implemented in order to prevent child abuse in children's homes in the country. She emphasises the importance of reporting such cases, given that sexual abuse is a problem that is not often spoken about in Malaysia. As well as highlighting that children should be taught the differences between good and bad touching, and to speak up if they are victims of the latter. Full story.
On a related note, the Global Initiative to End All Corporal Punishment of Children has made a call for information on corporal punishment in alternative care for children. In particular, the organisation is interested in all kinds of institutional and residential care for children, foster care, day care and early childhood care, in any country. If you would like to participate, click here.
Mass violations
Ban Ki-moon has presented the findings of a new report based on two years' research on children's rights violations in Afghanistan, which highlights the urgent need to strengthen current efforts to protect children from harm. Rights violations include the use of children in armed conflict as soldiers and suicide bombers, the detention of children in military detention facilities, child casualties as a result of armed conflict including those killed in air strikes and by landmines, and the sexual abuse of children, which often goes unreported due to social stigma and unpunished due to the fact that the crime itself is not clearly defined as such in Afghan law. Download the report here.
Meanwhile in Sudan, the BBC reports that around 200 people were killed last week in the south of the country in violent conflict, including 160 civilian among which were children and elderly persons who were chased into a river by supporters of the rebel leader George Athor. Full story.
Radical education policy
The radical Islamist group Al-Shabaab has imposed its education policy across central and southern Somalia, which stipulates that boys and girls should not sit in the same classroom, that the use of school bells is prohibited because the group says they sound like church bells, and that teachers should inculcate the importance of Jihad (holy war) in their students. Full story.
Addressing violence
Jamaica’s Ministry of Education has developed a new draft law on Safe School Policy, which seeks to abolish the current law that allows “moderate and reasonable” corporal punishment as a method of discipline in schools. In a recent case, a student was blinded in one eye after the belt his teacher was using to hit another child caught him in the eye. The draft law is expected to be tabled in Parliament by next month. Full story.
Meanwhile across Central America, governments have decided upon establishing a network of protection and support for migrants, in view of the risks they face, such as robbery, rape and trafficking. Statistics reveal that at least 20,000 migrants that pass through Mexico to reach the United States are abducted, while 60 per cent of female migrants are raped. The agreement will be presented to the Mexican federal government for extra support. Full story (in Spanish).
Disappointing children’s rights agenda
After the European Commission set out an agenda for reinforcing children’s rights in the European Union, the organisation Eurochild has expressed disappointment in its content, saying that it lacks ambition and substance. According to Jana Hainsworth, Secretary General of Eurochild, the agenda contains important elements, most notably on child-friendly justice; however, it “unfortunately reflects the EU’s very piecemeal approach to children’s rights. It’s a compilation of on-going actions rather than a coherent vision.” Full story.
Plight of Roma continues
The European Roma Rights Centre (ERRC) has appealed to authorities in Portugal to restore the water supply in an informal Romani settlement in the municipality of Vidigueira, after police destroyed it, and on which 67 Roma depend for drinking water, including children and elderly persons. Full story.
This story follows a previous case in May 2010, in which the ERRC filed a collective complaint to the European Committee of Social Rights against Portugal concerning the housing situation of Roma communities in the country, which includes a lack of access to social housing, sub-standard quality of housing, lack of basic facilities and residential segregation of Romani communities. The case is still awaiting verdict. Full story.
Meanwhile, in an open letter to the Hungarian government, currently holding the EU presidency, civil society organisations have appealed for open consultations with NGOs on Roma policy-related activities. The organisations have requested that a schedule of regular meetings be established for NGO consultation in the preparation of several key upcoming meetings and events. Download the open letter.
Widespread abuse & neglect
An NSPCC study has found that one in five 11-17-year-olds in the United Kingdom have been severely abused by an adult or neglected at home during childhood, with parents or guardians responsible for over half of the cases. The finding comes from a survey of 2,275 children aged 11-17 carried out by the charity in 2009. Andrew Flanagan, chief executive of the NSPCC, emphasises the importance of early intervention in cases of abuse and neglect, identifying teachers as playing a critical role in helping these children. Full story.
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Forthcoming events
Child Rights: ‘Children, Education and Homelessness – Getting it Right’
Date: 2nd March 2011
Location: Glasgow, Scotland
Organisation: Shelter
More details here.
Child Health: ‘My Right to the Highest Standard of Health’
Date: 4th March 2011
Location: Cardiff, Wales
Organisation: Royal College of Paediatrics and Child Health (RCPCH)
More details here.
Child Participation: ‘A RIGHT BIG Blether’
Date: 7th March 2011
Location: Stirling, Scotland
Organisation: Scotland’s Commissioner for Children and Young People, Tam Baillie
More details here.
Child Rights: ‘E-course on the Rights of the Child: Call for applications’
Date: N/A
Location: N/A
Organisation: Human Rights Education Associates (HREA)
More details here.
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Employment
War Child Holland - Country Director (Burundi)
War Child Holland is inviting applications for the role of Country Director (Burundi) to be based in the Bujumbura office. The successful applicant will be responsible for implementing the country programmes and managing the team of staff, among other features.
For detailed information on the role, click here.
To apply, email you CV and a letter of motivation, quoting 'CD Burundi' in the subject line, to [email protected]
Application deadline: 21 February 2011
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Jargon of the Week: **Authoritative data**
You wouldn’t be blamed for thinking that ‘authoritative data’ comes from the authorities. Neither would you be expected to know that this is in fact not the case.
'Authoritative data' is basically information produced by reliable sources, such as think tanks or local NGOs that have expert experience in and knowledge of a particular field or issue.
Another similar oddity is 'evidence-based data', which is essentially information that bases its content on research findings.
The problem with these examples of jargon is not so much that they are difficult to understand, but rather that the 'authoritative' and 'evidence-based' components are unnecessary – as what would data be if not authoritative and based on evidence?
With this in mind, remember that there's no need to overburden your writing with superfluous language. For instance, it will give your readers the same sense of what you're talking about whether you say “policymakers use authoritative data to highlight the extent of violence against children", or simply "policymakers use data to highlight the extent of violence against children."
Or, you could even specify the type of data you're referring to. For example, “policymakers use information from NGO reports to highlight the extent of violence against children."
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