Committee on Rights of Child opens fifty-seventh session

Committee on the Rights of the Child
30 May 2011

The Committee on the Rights of the Child this morning opened its fifty-seventh session, hearing an address by Ms. Wan-Hea Lee, Chief of the Groups in Focus Section, Human Rights Treaties Division Office of the United Nations High Commissioner for Human Rights. The Committee also adopted its agenda, elected a new chairman and issued the solemn declaration to six newly elected members.

Ms. Wan-Hea Lee, Chief of the Groups in Focus Section, Human Rights Treaties Division Office of the United Nations High Commissioner for Human Rights, said that that in February 2011 the Open-Ended Working Group on the Optional Protocol to the Convention on the Rights of the Child adopted a draft Optional Protocol, which was submitted to the Human Rights Council and provided for individual complaints, inter-state communications and an inquiry procedure. Now a child, in his or her own right and capacity, had at last the possibility to complain directly to the Committee. Ms. Lee said that the High Commissioner noted the disappointment of the Committee that some of its suggestions, such as the collective communications procedure were not included in the text, while others that the Committee had not supported, such as the possibility of State parties to opt-out of the inquiry procedure and to make reservations under the Optional Protocol, were retained. The High Commissioner was nevertheless of the view that the Optional Protocol was a positive development in protecting and advancing the rights of the child and was appreciative of the important role played by the Committee in its elaboration.

Ms. Lee said that following the call made by the High Commissioner for Human Rights to different stakeholders to solicit their views and concrete suggestions regarding ways and means to strengthen the Treaty body system, a meeting had been held in Sion with 150 participants representing more than 90 countries. Many issues were covered, including how to rationalize reporting obligations by using the List of Issues Prior to Reporting and the need for clear page limits for reports. Several states mentioned that better time management was necessary for dialogue and there were many references to the use of new technology and discussions concerning the need for gender balance among experts. Further consultations would occur next month with grass roots civil society organizations in Pretoria and with academics and United Nations actors in Luzern. A wrap-up meeting would be held in Dublin in November and the High Commissioner would present her report in early 2012.

During the meeting the Committee also elected Mr. Jean Zermatten as Committee Chairman by consensus. Mr. Zermatten said that the challenges the Committee faced, notably the entrenched delay in country reviews, was due to the success of the Committee in achieving 143 ratifications on the Optional Protocol on the Sale of Children and 141 ratifications on the Optional Protocol on Children Involved in Armed Conflict. Mr. Zermatten said that a request had been made to allow the Committee to sit on a permanent basis in two meetings throughout the year to expand the number of reports it reviewed. Mr. Zermatten emphasized the importance of seeing the child as a rights holder because in many countries there was still a tendency to only see the child either as vulnerable and requiring protection or as dependent and requiring services, but the child was a right’s holder as well.
The following six new Committee Members took the solemn declaration this morning as well: Ms. Aseil Al-Shehail (Saudi Arabia), Mr. Jorge Cardona Llorens (Spain), Mr. Bernard Gastaud (Monaco), Mr. Gehad Madi (Egypt), Mrs. Kirsten Sandberg (Norway), Ms. Hiranthi Wijemanne (Sri Lanka). Ms. Maria del Pilar Nores de Garcia, nominated by the Government of Peru, was voted with unanimous approval by the Committee to replace Ms. Susana Villaran de la Puente.

When the Committee next reconvenes in public, at 10 a.m. on Tuesday, 31 May, it will begin its review of reports by States parties with the consideration of the initial report of the Czech Republic.
Statements

Ms. Wan-Hea Lee, Chief of the Groups in Focus Section of the Human Rights Treaties Division, Office of the High Commissioner for Human Rights, said that there were a number of new developments since the Committee’s last meeting in January 2011. On 16 February 2011 the Open-Ended Working Group on the Optional Protocol to the Convention on the Rights of the Child adopted a draft Optional Protocol which was submitted to the Human Rights Council. The draft Optional Protocol provided for individual complaints, inter-state communications and an inquiry procedure. Now a child, in his or her own right and capacity, had at last the possibility to complain directly to the Committee. The High Commissioner noted the disappointment of the Committee that some of its suggestions, such as the collective communications procedure were not included in the text, while others that the Committee had not supported such as the possibility of State parties to opt-out of the inquiry procedure and to make reservations under the Optional Protocol, were retained. The High Commissioner was nevertheless of the view that the Optional Protocol was a positive development in protecting and advancing the rights of the child and was appreciative of the important role played by the Committee in its elaboration. The long-awaited establishment of the Committee on Enforced Disappearance was now imminent and the first meeting of States parties would be held tomorrow in New York to elect the ten inaugural members of the Committee.

In 2009 the High Commissioner made a call to different stakeholders, including States and civil society organizations, soliciting their views and concrete suggestions regarding ways and means to strengthen the treaty body system. This process began in Dublin, continued in Seoul and recently in Sion where a meeting was held with 150 participants representing more than 90 countries and covered issues such as how to rationalize reporting obligations by using the List of Issues Prior to Reporting and clear page limits for reports. Several States mentioned that better time management was necessary for dialogue and there were many references to the use of new technology and discussions concerning the need for gender balance among experts. Further consultations would occur next month with grass roots civil society organizations in Pretoria and with academics and United Nations actors in Luzern. A wrap-up meeting would be held in Dublin in November and the High Commissioner would present her report in early 2012. The next Inter-Committee Meeting, to be held from 27 to 29 June, would focus on enhancing the effectiveness of the treaty bodies, in particular by reinforcing coordination on the structure of the constructive dialogue with States parties, the structure and length of concluding observations and interaction with stakeholders, in particular national human rights institutions and non-governmental organizations. Ms. Lee said that the High Commissioner was appreciative of the role of the Committee as a leader in promoting coordination as the Committee was the first to empower its Chair with decision-making authority at the Meeting of Chairpersons.

The Office of the High Commissioner for Human Rights, the Office of the Special Representative of the Secretary General on Violence against Children, the Inter-Parliamentary Union and the non-governmental organization Advisory Council for the follow-up to the United Nations Study on Violence against Children would organize an expert meeting on the legal framework required to prohibit, prevent and respond to all forms of violence against children, which would take place in Geneva the first week of July 2011. In addition, the Office of the Special Representative of the Secretariat General on Violence against Children, the Council of Europe, the Norwegian Royal Ministry of Education and Research and the Norwegian Royal Ministry of Foreign Affairs would organize an expert meeting on ‘Tackling Violence in Schools,’ to be held in Oslo on 27 and 28 June 2011.

Ms. Lee announced that the new Committee Secretary, Ms. Allegra Franchetti, and the core team was in place and stressed that the level of resources for the preparation of documentation had not increased to meet the growing needs of the treaty bodies. Ms. Lee noted there was a movement taking place among the treaty bodies to promote the greening of meetings by using as little as paper as possible. The United Nations was gradually moving towards reducing the production and distribution of documents and some Committees had moved to meetings with no documents. Ms. Lee encouraged the Committee to consider practical ways to reduce the quantity of printed pages required for future Committee sessions.

The following six new Committee Members took the solemn declaration: Ms. Aseil Al-Shehail, Mr. Jorge Cardona Llorens, Mr. Bernard Gastaud, Mr. Gehad Mad, Mrs. Kirsten Sandberg, Ms. Hiranthi Wijemanne. Ms. Maria del Pilar Nores de Garcia, nominated by the Government of Peru, was voted with unanimous approval by the Committee to replace Ms. Susana Villaran de la Puente. Mr. Jean Zermatten was elected as a Chairman for the Committee by consensus and acclamation.

JEAN ZERMATTEN, Committee Chairman, said he welcomed the seven new members who began their work today, which would bring new life to the Committee by making more than one third of its members new. There were a number of challenges facing the Committee, including the entrenched delay in country reviews which was due to the very success of the Committee in achieving 143 ratifications on the Optional Protocol on the Sale of Children and 141 ratifications on the Optional Protocol on Children Involved in Armed Conflict. A request had been made to the General Assembly which would allow the Committee to sit on a permanent basis in two meetings throughout the year to review all of the reports. Mr. Zermatten reviewed the broader challenges besetting children’s rights globally and said he feared that the golden age of children’s rights was behind the Committee as the Convention had achieved great success and he was concerned with a backlash in terms of a policy of zero tolerance which had led to increased juvenile justice and the targeting of young migrants, while the financial crisis had led to a reduction in programs to support children. The environment was a key issue that affected access to clean water, the right to food, basic hygiene, basic energy and the dangers ensuing from public health, migration and survival. State party obligations were clear regarding the environment including the right to life, survival and harmonious development. Mr. Zermatten emphasized the importance of seeing the child as a rights holder because in many countries there was still a tendency to only see the child either as vulnerable and requiring protection or as dependent and requiring services, but the child was more than that because it was also a right’s holder.

The Committee had received combined second, third and fourth periodic reports on Saint Lucia and combined third and fourth periodic reports on Rwanda and Togo. There were three initial reports overdue as of 20 May 2011 from Nauru, Tonga and Tuvalu. There were 141 ratifications of the Optional Protocol on Children Involved in Armed Conflict and 143 ratifications of the Optional Protocol on the Sale of Children. There were three initial reports received since the last session on the Optional Protocol on Children Involved in Armed Conflict from Jordan, Portugal and Uzbekistan and two initial reports received on the Optional Protocol on the Sale of Children.

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