Joint NGO statement on Universal Periodic Review

Human Rights Council
3rd session

Joint Statement by the International Save the Children Alliance, Defence for Children International, International Federation of Social Workers, International Catholic Child Bureau (ICCB), SOS-Kinderdorf International, International Alliance of Women, International Federation Terre des Hommes, Women’s World Summit Foundation, World Organisation Against Torture (OMCT) on the Progress report of the Working Group on the Universal Periodic Review (UPR)

Geneva, 4 December 2006

Mr President, Members of the Council,

This statement is delivered on behalf of 9 NGOs.

We welcome the opportunity to comment on the Universal Periodic Review. The objectives of the UPR should include promoting and protecting human rights in general and the rights of the child in particular, ensuring universal coverage and equal treatment for all countries and a focus on implementation and follow up. It is important that the UPR complement and not duplicate the work of human rights Treaty Bodies, including that of the Committee on the Rights of the Child.

We believe that the same standards should be applied to all countries and that the UPR should be objective, reliable and transparent. The standards used as the basis for the review should be drawn from international human rights instruments including child rights instruments such as the Convention on the Rights of the Child and its Optional Protocols, the conclusions and recommendations of Treaty Bodies including those of the Committee on the Rights of the Child, reports by Special Procedures, and the pledges and international commitments made by States.

Mr President,

In the debate at the inter-sessional Working Group a general consensus seems to emerge amongst States that the Universal Declaration on Human Rights should be at the core of the review. Nevertheless, since its adoption, there has been a steady development of further and more detailed human rights standards, translated into new treaties and conventions that have been adopted and ratified by States.

The CRC is one of these very instruments which enjoys almost universal ratification and should therefore be included amongst the standards against which the countries should be reviewed.

 

 

In addition to this, UDHR offers limited protection in relation to the rights of the child – namely only special care, assistance and education. In no way could a review based on the UDHR be held to be a review of States’ obligations in relation to children, as active holders of human rights, as enshrined in the CRC.

Information on the human rights record of the country under review should be provided by the country itself on the basis of a standard questionnaire, which should include a child rights component.

NGOs, NHRIs, UNICEF, children and children’s organisations should also be able to provide information and fully participate in the review, including during the debate with the concerned country to ensure transparency and participation of all stakeholders.
OHCHR should compile existing information from various sources. This should include: Concluding Observations of the CRC and other Treaty Bodies, reports of Special Procedures, relevant country Resolutions by UN Bodies. In addition, the OHCHR should prepare a yearly compilation of child rights violations included in Special Procedures reports to be able to identify gaps and to support UPR.

The review should be conducted by a body composed of independent experts, including members with a strong expertise on the rights of the child.

The review process should be conducted outside of the Council’s regular ten-week sessions. The final outcome of the review should be discussed during a plenary session of the Human Rights Council. Each country should be reviewed every 3-5 years and the same cycle of periodicity should apply to all countries.

Mr President,

We believe that following the review the Council should adopt recommendations that are action-oriented and time bound. These can call, amongst others, for technical assistance, capacity building, calls for visits by Special Procedures; establishment of an OHCHR fact-finding mission or field office; or appointment of a country-specific Rapporteur. When deemed necessary, the country should be required to report back on the implementation of these recommendations.

An effective UPR could become an important mechanism to complement the work of the Treaty Bodies, including the Committee on the Rights of the Child, and would be an opportunity to strengthen the promotion and protection of human rights and place the rights of the child higher on the political agenda.

Thank you, Mr President.

 

Further information

pdf: http://www.crin.org/docs/NGO_Statement_to_HRC_on_UPR_final.doc

Countries

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