CRINMAIL 1228:
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COMPLAINTS MECHANISM: Moves closer to adoption
The Human Rights Council has come one step closer to a complaints mechanism for children with the presentation of the final report of the drafting group.
Negotiations led to compromise
In his presentation, the Chairperson of the Working Group, Drahoslav Stefanek, said the draft Optional Protocol had been the result of a compromise and, whilst it might not initially fully meet expectations, it constituted an instrument through which increased protection for the rights of children could be provided for under the Convention.
Mr Stefanek concluded by saying that any further deferral in the process of establishing a complaints mechanism would affect the rights of many and urged the Council to adopt the resolution.
A rushed process
Back in February, the Chairperson had come under pressure from different States to reach consensus by the end of the second week of negotiations. This resulted in a rushed process during which a draft text was adopted with oral amendments. Key decisions included the deletion of the provision for collective communications and the possibility for States to enter reservations, among others. Read the full story.
Representatives of the UN Committee on the Rights of the Child, a number of States from Latin America and Europe, civil society groups and independent human rights institutions were unhappy with the outcome lamenting it was the weakest treaty of its kind. Read more.
Response to the final report and draft text
UN Member States, Observer States, NGOs and NHRIs then gave their responses to the final report presented by the Chairperson and the proposed draft text.
States
Hungary, on behalf of the European Union, fully supported the adoption of the OP, saying it was not perfect but overall it was a well-balanced instrument. Several other States endorsed the view of the European Union, with Slovakia urging States not to support a reopening of the negotiations, arguing such a move would not lead to improvements.
The consensual adoption of the draft was not opposed by any States, however some did have objections, including Nigeria, speaking on behalf of the African Group. The representative said that overall they supported the idea of the complaints mechanism but some issues still required clarification, including the issue of admissibility, namely that there was a need for a definition of categories of people who can submit communications.
NHRIs and NGOs
Despite welcoming the recognition of the importance of NHRIs in the pre-amble to the draft, the NHRIs' International Co-ordinating Committee said in their oral statement they would have liked a more explicit reference to the Paris Principles.
A joint statement by NGOs said that negotiations ended in a quick agreement, resulting in some rights of the CRC being overlooked. However, overall they said it will strengthen implementation of children's rights at the national level and urged the Council to adopt and initiate discussions at the national level.
Finally, the International Commission of Jurists (ICJ) made a statement expressing their disappointment with the outcome, particularly the way in which key provisions were hastily stripped from the draft. Despite its failings, ICJ said the OP will help children and, importantly, prompt States to provide remedies in their domestic laws.
Drawing to a close
It is likely that the Human Rights Council will adopt the draft text during this session. A draft Resolution is currently being negotiated. If this Resolution is adopted, the Optional Protocol is then referred to the UN General Assembly, probably this coming October. Another Resolution needs to be drafted and adopted. The new treaty then opens for ratification shortly after.
Further Information:
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NEWS AND REPORT ROUND UP
Inhuman sentencing
In the United States, a 12-year-old boy is being tried as an adult for the murder of his younger brother. He is currently being held for 23 hours a day alone in a room “about the size of a lawn shed” at Duval County jail while awaiting trial. Assistant Public Defender Rob Mason said that the boy’s defence team believes he can be rehabilitated. But if found guilty, he would be sentenced to life in prison without parole. Full story.
Also check out the US campaign against inhuman sentencing of children.
Also read about similar campaigns in Yemen, where young persons under 18 may lawfully be sentenced to corporal punishment, including flogging and amputation. In practice, children have also been sentenced to death in Yemen, even though this is prohibited by law. Access the campaign here.
Criminalising poverty
El Salvador has proposed a raft of public security policies including compulsory military service for 5,000 young people between the ages of 14 and 16. The policy is aimed at young people living in at-risk areas prone to gang violence, in order to deter and prevent them from joining gangs themselves. They would not be trained in weapons or military tactics, but instead exposed to military discipline and trained in civil protection measures at times of natural disaster. However, children's rights advocates have criticised the policy saying that it does not address the root causes of why young people join violent gangs in the first place, such as poverty, lack of opportunities and social exclusion, and therefore is criminalising poverty. Full story (in Spanish).
Offloading unaccompanied children
In an effort to deter future asylum seekers from entering Australia illegally by boat, the government reached an in-principle pact with Malaysia whereby the latter would take 800 asylum seekers, including children, off Australian hands and hold them in detention in return for Australia resettling 4,000 registered refugees. UN High Commissioner for Human Rights Navi Pillay accused Australia of jeopardising asylum seekers' rights through the deal. There are currently nine unaccompanied minors being held at Australia's offshore detention centre on Christmas Island, and are expected to be sent to Malaysia. Full story.
Gender violence
China's one-child policy has led to a bride shortage with the country's disproportionate gender ratio of 122 boys for every 100 girls, leading many Chinese families to resort to human traffickers to sell their son a trafficked bride. For over a decade, Burmese women have been trafficked across the China-Myanmar border with promises of work only to end up married off against their will. In 2010, Burmese authorities recorded 122 cases of forced marriage, up from 104 in 2009. While Chinese government figures show that by 2020, there will be 40 million more young males in China than females. Full story.
Meanwhile, the Democratic Republic of the Congo (DRC) is consistently failing to implement laws against sexual and gender-based violence, with most survivors never seeing their lawsuits progress to actual trials. Cases brought to the police are not guaranteed to be pursued, and even though it is illegal, magistrates also demand fees to prepare cases. One survey revealed that most sexual violence against women and girls in the DRC is perpetrated by husbands or partners. The survey's authors suggest that future policies and programmes should focus on abuse within families, among other recommendations. Full story.
And in Kenya, legislation alone is failing to stop the practice of female genital mutilation (FGM), activists have said, because its ban has not been accompanied with continuous community awareness raising and education programmes on the health risks of this deep-rooted cultural practice. In one ethnic community, there is an FGM prevalence of 96 per cent. Full story.
State violence
In Europe, the international community is losing patience with the Syrian regime, and is increasing pressure on the UN Security Council, with four countries having drafted a resolution that would condemn the crackdown and demand an immediate end to the violence. Yet the proposal falls short of calling for military action or further UN sanctions against the Syrian government. Human rights organisations say more than 1,200 civilians have been killed, including 77 children. Full story.
Special Representative of the Secretary-General on Violence against Children Marta Santos Pais, has denounced the Syrian government's use of violence against children, and called for a thorough and impartial investigation into all reported cases of unlawful arrest in demonstrations, and torture in detention.
Libya's Gaddafi regime committed crimes against humanity and war crimes 'as part of a widespread or systematic attack against a civilian population', a UN human rights commission ordered to investigate allegations of human rights abuses in the country has concluded. In the city of Misrata alone, at least 20 children were killed.
Seventeen female protesters detained by Egyptian security forces during the country's uprising were submitted to virginity tests to prove that they were not virgins and could therefore not allege that they had been raped while under detention, as some military members believe that only virgins can be victims of rape. Full story.
A 10-year-old Egyptian schoolboy studying in Kuwait was expelled from school on charges of inciting 'revolution' for asking his classmates why Kuwaitis could not emulate Egypt's peaceful revolution. The country's Ministry of Education eventually resolved that the school had overreacted and the boy was allowed back to school. Full story.
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UPCOMING EVENTS
Global: "Children's Rights and Business"
Date: 14 June 2011
Organisation: UNICEF and Business & Human Rights Resource Centre
Location: Palais des Nations, Geneva, Switzerland
More details here.
EMPLOYMENT
International Service for Human Rights (ISHR): IT and Web Officer
ISHR is accepting applications for the role of IT and Web Officer (part-time) to be based in its Geneva office, Switzerland. The successful candidate will be responsible for ensuring the maintenance and updating of the server and network infrastructure; providing IT support to ISHR staff; developing, maintaining and updating the ISHR Website and online communication; managing ISHR’s Google Apps, and providing other IT and Web support.
Application deadline: 22 June 2011 (5PM – local time)
For further information, click here.
Jargon of the Week
Test your memory on the following jargon specimens.
What is meant by:
'Evidence-based data has shown that a multi-stakeholder approach is required to operationalise recommendations on children's rights.'
a) Research has shown that governments, aid organisations, NGOs, and local communities should work together to fulfil recommendations on children's rights.
OR,
b) Data with a thick base of evidence has shown that steak houses can approach children to ask them for recommendations about the right way to conduct surgical operations.
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