Complaints Mechanism: Reactions to Chair's Proposal (Summary)

Summary: States, UN agencies and civil society react to the Chairperson's proposal package for a new text for the OP.

The final day of negotiations opened with reactions to the proposal package made by the Chairperson.

Nigeria said they still had difficulties and concerns and that the Africa Group would raise specific points but “our feeling and understanding is that we are not yet there”, they said.

The representative from Liechtenstein said nothing was agreed until everything was agreed and that compromise should be based on give and take, which had not been the case.

Paraguay, which spoke on behalf of MERCOSUR, explained they had supported this initiative from the beginning, but viewed with concern the proposed compromise because it does not meet the expectations of many delegations and thought speeding the process up for the sake of time would undermine coming up with an appropriate and effective mechanism for children.

Uruguay, Costa Rica, Brazil and Mexico aligned themselves with Paraguay saying their delegations were very committed to this process, but that the package was not ambitious enough, nor balanced, and that it was weaker than any other existing mechanisms.

Finland
and Belgium said they were committed to reaching a compromise that suited everyone, but there were a number of issues in the proposal that clearly weakened the mechanism and this would need to be changed.

A number of States said they could come to some agreement on the proposal as it would encourage wide ratification; they included the United States, Australia, the Czech Republic, Poland, Russia, Zwitzerland, Japan, New Zealand, Denmark, China, the UK and Egypt.

UNICEF aligned itself with the Committee on the Rights of the Child saying the compromise package "would unreasonable and unnecessarily limit children's ability to obtain remedies for violations of their rights" and that there was a need for an enhanced - not a weakened - instrument for children's rights.

The NHRIs said the compromise package was regrettable. The representative explained collective complaints were nothing new and already accepted by more than 100 states. “We urge all those present not to throw the baby out with the bath water in the race against time”, she continued.

The NGOs shared the concerns expressed by the Committee, UNICEF, and other delegations. “Compromises that have been made serve to weaken, and not to strengthen protection for the rights of children”, the representative said.

"We are unable to support an instrument that does not achieve a sound balance to address violations of children's rights... We urge States to reject the package proposed and take further time as necessary to achieve an effective protocol."

Jean Zermatten spoke on behalf of the Committee reiterating their deep disappiontment. He said it was already an optional protocol with too many added options added to it. The instrument was too flexible, he explained. And as the Committee they would not know what they could do with it.

The Chairperson then announced that as too many States disagreed with the proposal, he was withdrawing it altogether. Ethiopia, Russia, Egypt and Algeria asked him not to withdraw it, but discuss it again, to which he replied that this was his proposal and he had the right to withdraw it.

The meeting was closed shortly thereafter to leave time for informal meetings. It was only at 7 p.m. that States came back, following intense negotiations in closed meetings to announce that they had reached an agreement on a final text.

Further information

pdf: www.crin.org/resources/infodetail.asp?id=23908

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