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[RAMALLAH, 12 February 2008] - On 15th January 2008, the United Arab Emirates became the 7th Arab State to ratify the Arab Charter on Human Rights. This regional human rights instrument will therefore come into force two months later, on 15th March, as per Article 49(b) of the Charter. Defence for Children International-Palestine Section (DCI/PS) welcomes this important achievement for the protection of human rights in the Arab region, and expresses its appreciation of the Charter’s emphasis on the right to self-determination and the right to resist foreign occupation, contained in Article 2. The acknowledgement of this right is a victory for the Arab peoples living under foreign occupation in Iraq and Palestine, and is in keeping with the texts of the UN Charter, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. DCI/PS also welcomes the provisions of the Charter that are specifically designed to protect the rights of Arab children and ensure their survival and development, in line with the UN Convention on the Rights of the Child (UNCRC). Article 10(b) of the Charter bans the exploitation of children in situation of armed conflicts: Forced labour, trafficking in human beings for the purposes of prostitution or sexual exploitation, the exploitation of the prostitution of others and all other forms of exploitation or the exploitation of children in armed conflict are prohibited. This is consistent with Article 38 of the UNCRC. Article 29(b) on the right to nationality urges States parties to the Charter to enable children to acquire the nationality of their mothers: States parties shall take such measures as they deem appropriate, in accordance with their domestic laws on nationality, to allow a child to acquire the mother's nationality, having due regard, in all cases, to the best interests of the child. This is consistent with article 7(1) of the UNCRC. This provision is also consistent with Article 9(2) of the UN Convention on the Elimination of All Forms of Discrimination against Women. Article 33(b) of the Charter adopts a ban on all forms of violence and abuse against women and children within the family: The State and society shall ensure the protection of the family, the strengthening of family ties, the protection of its members and the prohibition of all forms of violence or abuse in the relations among its members, particularly against women and children. This provision goes further than UNCRC Article 19(1) which fails to prohibit violence in the family, but encourages States parties to “take all appropriate legislative, administrative, social and educational measures to protect the child” from violence. Article 34(c) on child labour recommends States parties to adopt legislative measures ensuring the protection of children against economic exploitation, hazardous work, and work that is obstructing the child's education, or is detrimental to the child's healthy development. These provisions are almost similar to the ones listed under UNCRC Article 32. As for juvenile justice, Article 17 of the Charter is consistent with the minimum protection standards contained in UNCRC Article 40: Each State party shall ensure in particular to any child at risk or any delinquent charged with an offence the right to a special legal system for minors in all stages of investigation, trial and implementation of sentence, as well as to special treatment that takes account of his age, protects his dignity, facilitates his rehabilitation and reintegration and enables him to play a constructive role in society. With regards to interpretation of the Charter's provisions which could be contrary to child protection provisions in existing international conventions, Article 43 states: Nothing in this Charter may be construed or interpreted as impairing the rights and freedoms protected by the domestic laws of the States parties or those set forth in the international and regional human rights instruments which the States parties have adopted or ratified, including the rights of women, the rights of the child and the rights of persons belonging to minorities. Right to life Article 7 of the Charter states: (a) Sentence of death shall not be imposed on persons under 18 years of age, unless otherwise stipulated in the laws in force at the time of the commission of the crime.(b) The death penalty shall not be inflicted on a pregnant woman prior to her delivery or on a nursing mother within two years from the date of her delivery; in all cases, the best interests of the infant shall be the primary consideration. This runs counter to the absolute prohibition of the use of the death penalty against persons below the age of 18, as enshrined in Article 6(5) of the International Covenant on Civil and Political Rights, and Article 37(a) of the UN Convention on the Rights of the Child. All member states of the Arab League have endorsed the UN Convention on the Rights of the Child without any reservations pertaining to article 37(a). DCI/PS believes in the prohibition of the death penalty against both adults and children and would like to highlight that Palestinian domestic legislation actually prohibits the execution of under-18s. Right to education Article 41(b) states: The States parties shall guarantee every citizen free education at least throughout the primary and fundamental levels. All types and levels of primary education shall be compulsory and accessible to all without discrimination of any kind. We notice that limiting free education to child citizens only is contrary to the text of Article 3 of the Charter itself, which entreats States parties to implement the Charter without discrimination, for “all individuals subject to their jurisdiction”. This also runs counter to the education standards set out in Article 13 of the International Covenant on Economic, Social and Cultural Rights, and the UNCRC Article 28, which recognise the right to free primary education to all. Therefore, the current draft of the Arab Charter on Human Rights offers lower standards of protection in relation to children’s right to life and free education. DCI/PS urgently calls on all signatories of the Arab Charter on Human Rights, particularly the Palestine Liberation Organisation, to review the Charter’s provisions that detract from internationally accepted child protection standards, in particular, with regards to the application of the death penalty to children, due to the serious consequences this could have on the rights of children in the Arab region. We consider this provision to contradict the growing international consensus on the prohibition of this inhuman practice. -------------------------------------------------------- Arab Charter on Human Rights (English) New Arab Charter deviates from the Convention on the Rights of the Child (CRIN)
However, notwithstanding our satisfaction with the aforementioned provisions, DCI/PS expresses concern over the provisions contained in some of the Articles, which detract from the standards set in the rest of the instrument and guaranteed by other international conventions, particularly the UN Convention on the Rights of the Child.