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COMMITTEE ON RIGHTS OF CHILD TO HOLD FIFTIETH SESSION IN GENEVA FROM 12 TO 30 JANUARY 2009
08 January 2009
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Committee on the Rights of the Child
BACKGROUND RELEASE
8 January 2009
Child Rights in Malawi, Chad, Netherlands, Republic of Moldova, Democratic Republic of the Congo, Democratic People's Republic of Korea, Maldives and Tunisia to be Reviewed
The Committee on the Rights of the Child will meet at the Palais Wilson in Geneva from 12 to 30 January to review the promotion and protection of children's rights under the provisions of the Convention on the Rights of the Child in Malawi, Chad, the Netherlands, the Republic of Moldova, the Democratic Republic of the Congo and the Democratic People's Republic of Korea. The Committee will also consider the situation in the Netherlands and in Maldives with regard to the promotion and protection of children's rights under the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, and will review efforts made by the Republic of Moldova, Maldives and Tunisia with regard to their implementation of the Optional Protocol on the involvement of children in armed conflict.
The Committee was formed in 1991 to monitor the implementation of the Convention on the Rights of the Child, which gives a comprehensive collection of children's rights the force of international law. The countries scheduled to come before the Committee at this session are among the 193 to have ratified or acceded to the Convention. The treaty is the most widely accepted international human rights instrument. Only Somalia and the United States have not ratified it. States parties to the Convention are expected to send representatives to the Committee to present periodic reports on national efforts to give effect to children's rights.
At the Committee's fiftieth session, Malawi, Chad and the Democratic Republic of the Congo will present their second reports, the Republic of Moldova will present its combined second and third periodic report, the Netherlands will present its third report, and the Democratic People's Republic of Korea will present its combined third and fourth periodic report on how those countries are implementing their obligations under the Convention on the Rights of the Child. Delegations from the Netherlands, the Republic of Moldova, Maldives and Tunisia will also be presenting the relevant initial reports under the Convention's Optional Protocols.
At its opening meeting, the Committee will adopt its agenda and review its organization of work. During the session, in addition to consideration of country reports, the Committee will continue its discussion of ways and areas in which existing cooperation with various relevant bodies can be further strengthened to enhance the promotion and protection of the rights of the child. It will also pursue its discussion concerning the organization of its future work, as well as discuss its treaty-specific reporting guidelines. The Committee will also pursue the elaboration of general comments based on the various principles and provisions of the Convention, and specifically on two drafts, one related to the rights of indigenous children and one on child participation. Other matters relating to the work of the Committee will be discussed as may be necessary.
On the afternoon of Thursday, 29 January, the Committee will meet informally with States parties to discuss a number of matters, including the backlog of reports and forthcoming two-chamber working method, follow-up to concluding observations, harmonization of working methods among treaty bodies, the twentieth anniversary of the adoption of the Convention and other matters.
The States parties presenting reports during this session have previously come before the Committee, which subsequently issued concluding observations on them. The Committee considered the initial report of Malawi on 24 January 2002, issuing its concluding observations in document CRC/C/15/Add.174; it took up the initial report of Chad on 24 and 25 May 1999, and published concluding observations in document CRC/C/15/Add.107; the Committee reviewed the second periodic report of the Netherlands and the initial report of Aruba, Netherlands, on 19 January 2004, and issued concluding observations in document CRC/C/15/Add.227; it separately examined the initial report of the Netherlands Antilles on 5 June 2002, and published concluding observations on the report in document CRC/C/15/Add.186; the initial report of the Republic of Moldova was taken up by the Committee on 27 September 2002, and the Committee’s concluding observations on it are contained in document CRC/C/15/Add.192; on 28 May 2001, the Committee reviewed the initial report of the Democratic Republic of the Congo, issuing concluding observations on it in document CRC/C/15/Add.153; it considered the second periodic report of the Democratic People’s Republic of Korea on 1 June 2004, and made public its concluding observations on that report in document CRC/C/15/Add.239; on 28 and 29 May 1998 the Committee examined the initial report of Maldives, publishing its concluding observations on it in document CRC/C/15/Add.91; and the Committee considered the second periodic report of Tunisia on 28 May 2002, issuing its concluding observations on it in document CRC/C/15/Add.181.
Convention on the Rights of the Child
The General Assembly adopted the Convention unanimously on 20 November 1989, 30 years after the adoption of the Declaration on the Rights of the Child. The Convention renders States parties legally accountable for their actions towards children. Work on drafting the Convention began in 1979 – the International Year of the Child – at the Commission on Human Rights.
The Convention was opened for signature on 26 January 1990. That day, 61 countries signed it, a record first-day response. It entered into force just seven months later, on 2 September 1990.
Ratifying the Convention entails reviewing national legislation to make sure it is in line with the provisions of the treaty. The Convention stipulates, among other things, that every child has the right to life, and that States shall ensure the maximum child survival and development; that every child has the right to a name and nationality from birth; and that when courts, welfare institutions or administrative authorities deal with children, the child's best interests shall be a primary consideration. The Convention also recognizes the right of children to be heard.
Furthermore, States shall ensure that each child enjoys full rights without discrimination or distinction of any kind, and shall ensure that children not be separated from their parents, unless by competent authorities for their well-being. In addition, States shall facilitate reunification of families by permitting travel into, or out of, their territories; and States shall protect children from physical or mental harm and neglect, including sexual abuse or exploitation.
Also according to the Convention, children with disabilities shall have the right to education, special treatment and care; primary education shall be free and compulsory and discipline in school should respect the child's dignity; capital punishment or life imprisonment shall not be imposed for crimes committed before the age of 18; no child under 15 should take any part in hostilities and children exposed to armed conflict shall receive special protection; and children of minority and indigenous populations shall freely enjoy their own cultures, religions and languages.
In May 2000, the General Assembly adopted the two Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography. The Optional Protocols entered into force in 2002. Currently, 126 countries have ratified the Optional Protocol on the involvement of children in armed conflict; and 130 States have ratified the Optional Protocol on the sale of children, child prostitution and child pornography.
Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography
Although the Convention requires States parties to prohibit the sale of children, child prostitution and child pornography, the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography extends the measures that States Parties must undertake to protect children from these violations of their human rights. The Optional Protocol not only defines the sale of children, child pornography and child prostitution, but also provides a non-exhaustive list of acts and activities which shall be criminalized by States parties. This criminalization also includes attempts, complicity, or participation in such acts or activities. The Optional Protocol sets forth the bases for States Parties to assert jurisdiction over actionable practices relating to the sale of children, child prostitution, and child pornography (including extra-territorial legislation) and to make provisions about extradition of alleged offenders. Based on the principle of the best interests of the child, the Optional Protocol also sets forth provisions for protecting and assisting child victims during all stages of the criminal justice process. In addition, preventive measures against the sale of children, child prostitution and child pornography, as well as redress, rehabilitation and recovery of child victims are foreseen in the Optional Protocol. For the implementation of all these provisions, the Optional Protocol asks for a close collaboration among States parties.
Optional Protocol on the Involvement of Children in Armed Conflict
The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict complements article 38 of the Convention, as well as international humanitarian law, establishes that no person under the age of 18 shall be subject to compulsory recruitment into regular armed forces, and imposes an obligation on States to raise the minimum age for voluntary recruitment to at least 16 years. Upon ratification of or accession to the Optional Protocol, States parties must deposit a binding declaration stating their minimum age for voluntary recruiting and the safeguards in place to ensure that that recruitment is voluntary. States Parties to the Protocol shall also ensure that members of their armed forces under 18 years of age do not take a direct part in hostilities. In addition, armed groups distinct from the armed forces of a State should not, under any circumstances, recruit or use in hostilities persons under 18. States parties are required to take all feasible measures to prevent the recruitment and use of children by such groups, including the criminalization of such practices.
Committee Membership
The Committee is made up of 18 Experts of high moral standing and recognized competence in the field of children's rights. The following members, nominated by the States parties to serve in their personal capacity, have been elected or re-elected to the Committee: Agnes Akosua Aidoo (Ghana); Alya Ahmed Bin Saif Al-Thani (Qatar); Joyce Aluoch (Kenya); Luigi Citarella (Italy); Kamel Filali (Algeria); Maria Herczog (Hungary); Moushira Khattab (Egypt); Hatem Kotrane (Tunisia); Lothar Friedrich Krappmann (Germany); Yanghee Lee (Republic of Korea); Rosa María Ortiz (Paraguay); David Brent Parfitt (Canada); Awich Pollar (Uganda); Dainius Puras (Lithuania); Kamal Siddiqui (Bangladesh); Lucy Smith (Norway); Nevena Vuckovic-Sahovic (Serbia); and Jean Zermatten (Switzerland).
Ms. Lee is the Chairperson of the Committee; Ms. Aidoo, Mr. Filali, Ms. Ortiz, and Mr. Zermatten are Vice-Chairpersons; and Mr. Krappmann is the Rapporteur.
Tentative Timetable for Consideration of Reports
Following is a tentative timetable for the consideration of reports from States parties to the Convention during this session:
Tuesday, 13 January
10 a.m. Malawi: second periodic report (CRC/C/MWI/2)
3 p.m. Malawi (continued)
Wednesday, 14 January
10 a.m. Chad: second periodic report (CRC/C/TCD/2)
3 p.m. Chad (continued)
Thursday, 15 January
10 a.m. Netherlands, Netherlands Aruba and Netherlands Antilles: third periodic report (CRC/NLD/3)
3 p.m. Netherlands (continued)
Friday, 16 January
10 a.m. Netherlands: OPSC Optional Protocol on the sale of children, child prostitution and child pornography.
initial report (CRC/C/OPSC/NLD/1)
Tuesday, 20 January
10 a.m. Republic of Moldova: combined second and third periodic report (CRC/C/MDA/3)
3 p.m. Republic of Moldova (continued) and Republic of Moldova OPAC Optional Protocol on the involvement of children in armed conflict.
initial report (CRC/C/OPSC/MDA/1)
Wednesday, 21 January
10 a.m. Democratic Republic of the Congo: second periodic report (CRC/C/COD/2)
3 p.m. Democratic Republic of the Congo(continued)
Friday, 23 January
10 a.m. Democratic People's Republic of Korea: combined third and fourth periodic report (CRC/C/PRK/4)
3 p.m. Democratic People's Republic of Korea (continued)
Monday, 26 January
10 a.m. Maldives: OPAC2 initial report (CRC/C/OPAC/MDV/1)
3 p.m. Maldives: OPSC1 initial report (CRC/C/OPSC/MDV/1)
Tuesday, 27 January
10 a.m. Tunisia: OPAC2 initial report (CRC/C/OPAC/TUN/1)
Friday, 30 January
12.30 p.m. Public closing of the session
More information, including links to documentation for the forty-ninth session of the Convention on the Rights of the Child, is available at the OHCHR website at: http://www2.ohchr.org/english/bodies/crc/crcs50.htm
_________
For use of the information media; not an official record
BACKGROUND RELEASE
8 January 2009
Child Rights in Malawi, Chad, Netherlands, Republic of Moldova, Democratic Republic of the Congo, Democratic People's Republic of Korea, Maldives and Tunisia to be Reviewed
The Committee on the Rights of the Child will meet at the Palais Wilson in Geneva from 12 to 30 January to review the promotion and protection of children's rights under the provisions of the Convention on the Rights of the Child in Malawi, Chad, the Netherlands, the Republic of Moldova, the Democratic Republic of the Congo and the Democratic People's Republic of Korea. The Committee will also consider the situation in the Netherlands and in Maldives with regard to the promotion and protection of children's rights under the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, and will review efforts made by the Republic of Moldova, Maldives and Tunisia with regard to their implementation of the Optional Protocol on the involvement of children in armed conflict.
The Committee was formed in 1991 to monitor the implementation of the Convention on the Rights of the Child, which gives a comprehensive collection of children's rights the force of international law. The countries scheduled to come before the Committee at this session are among the 193 to have ratified or acceded to the Convention. The treaty is the most widely accepted international human rights instrument. Only Somalia and the United States have not ratified it. States parties to the Convention are expected to send representatives to the Committee to present periodic reports on national efforts to give effect to children's rights.
At the Committee's fiftieth session, Malawi, Chad and the Democratic Republic of the Congo will present their second reports, the Republic of Moldova will present its combined second and third periodic report, the Netherlands will present its third report, and the Democratic People's Republic of Korea will present its combined third and fourth periodic report on how those countries are implementing their obligations under the Convention on the Rights of the Child. Delegations from the Netherlands, the Republic of Moldova, Maldives and Tunisia will also be presenting the relevant initial reports under the Convention's Optional Protocols.
At its opening meeting, the Committee will adopt its agenda and review its organization of work. During the session, in addition to consideration of country reports, the Committee will continue its discussion of ways and areas in which existing cooperation with various relevant bodies can be further strengthened to enhance the promotion and protection of the rights of the child. It will also pursue its discussion concerning the organization of its future work, as well as discuss its treaty-specific reporting guidelines. The Committee will also pursue the elaboration of general comments based on the various principles and provisions of the Convention, and specifically on two drafts, one related to the rights of indigenous children and one on child participation. Other matters relating to the work of the Committee will be discussed as may be necessary.
On the afternoon of Thursday, 29 January, the Committee will meet informally with States parties to discuss a number of matters, including the backlog of reports and forthcoming two-chamber working method, follow-up to concluding observations, harmonization of working methods among treaty bodies, the twentieth anniversary of the adoption of the Convention and other matters.
The States parties presenting reports during this session have previously come before the Committee, which subsequently issued concluding observations on them. The Committee considered the initial report of Malawi on 24 January 2002, issuing its concluding observations in document CRC/C/15/Add.174; it took up the initial report of Chad on 24 and 25 May 1999, and published concluding observations in document CRC/C/15/Add.107; the Committee reviewed the second periodic report of the Netherlands and the initial report of Aruba, Netherlands, on 19 January 2004, and issued concluding observations in document CRC/C/15/Add.227; it separately examined the initial report of the Netherlands Antilles on 5 June 2002, and published concluding observations on the report in document CRC/C/15/Add.186; the initial report of the Republic of Moldova was taken up by the Committee on 27 September 2002, and the Committee’s concluding observations on it are contained in document CRC/C/15/Add.192; on 28 May 2001, the Committee reviewed the initial report of the Democratic Republic of the Congo, issuing concluding observations on it in document CRC/C/15/Add.153; it considered the second periodic report of the Democratic People’s Republic of Korea on 1 June 2004, and made public its concluding observations on that report in document CRC/C/15/Add.239; on 28 and 29 May 1998 the Committee examined the initial report of Maldives, publishing its concluding observations on it in document CRC/C/15/Add.91; and the Committee considered the second periodic report of Tunisia on 28 May 2002, issuing its concluding observations on it in document CRC/C/15/Add.181.
Convention on the Rights of the Child
The General Assembly adopted the Convention unanimously on 20 November 1989, 30 years after the adoption of the Declaration on the Rights of the Child. The Convention renders States parties legally accountable for their actions towards children. Work on drafting the Convention began in 1979 – the International Year of the Child – at the Commission on Human Rights.
The Convention was opened for signature on 26 January 1990. That day, 61 countries signed it, a record first-day response. It entered into force just seven months later, on 2 September 1990.
Ratifying the Convention entails reviewing national legislation to make sure it is in line with the provisions of the treaty. The Convention stipulates, among other things, that every child has the right to life, and that States shall ensure the maximum child survival and development; that every child has the right to a name and nationality from birth; and that when courts, welfare institutions or administrative authorities deal with children, the child's best interests shall be a primary consideration. The Convention also recognizes the right of children to be heard.
Furthermore, States shall ensure that each child enjoys full rights without discrimination or distinction of any kind, and shall ensure that children not be separated from their parents, unless by competent authorities for their well-being. In addition, States shall facilitate reunification of families by permitting travel into, or out of, their territories; and States shall protect children from physical or mental harm and neglect, including sexual abuse or exploitation.
Also according to the Convention, children with disabilities shall have the right to education, special treatment and care; primary education shall be free and compulsory and discipline in school should respect the child's dignity; capital punishment or life imprisonment shall not be imposed for crimes committed before the age of 18; no child under 15 should take any part in hostilities and children exposed to armed conflict shall receive special protection; and children of minority and indigenous populations shall freely enjoy their own cultures, religions and languages.
In May 2000, the General Assembly adopted the two Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography. The Optional Protocols entered into force in 2002. Currently, 126 countries have ratified the Optional Protocol on the involvement of children in armed conflict; and 130 States have ratified the Optional Protocol on the sale of children, child prostitution and child pornography.
Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography
Although the Convention requires States parties to prohibit the sale of children, child prostitution and child pornography, the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography extends the measures that States Parties must undertake to protect children from these violations of their human rights. The Optional Protocol not only defines the sale of children, child pornography and child prostitution, but also provides a non-exhaustive list of acts and activities which shall be criminalized by States parties. This criminalization also includes attempts, complicity, or participation in such acts or activities. The Optional Protocol sets forth the bases for States Parties to assert jurisdiction over actionable practices relating to the sale of children, child prostitution, and child pornography (including extra-territorial legislation) and to make provisions about extradition of alleged offenders. Based on the principle of the best interests of the child, the Optional Protocol also sets forth provisions for protecting and assisting child victims during all stages of the criminal justice process. In addition, preventive measures against the sale of children, child prostitution and child pornography, as well as redress, rehabilitation and recovery of child victims are foreseen in the Optional Protocol. For the implementation of all these provisions, the Optional Protocol asks for a close collaboration among States parties.
Optional Protocol on the Involvement of Children in Armed Conflict
The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict complements article 38 of the Convention, as well as international humanitarian law, establishes that no person under the age of 18 shall be subject to compulsory recruitment into regular armed forces, and imposes an obligation on States to raise the minimum age for voluntary recruitment to at least 16 years. Upon ratification of or accession to the Optional Protocol, States parties must deposit a binding declaration stating their minimum age for voluntary recruiting and the safeguards in place to ensure that that recruitment is voluntary. States Parties to the Protocol shall also ensure that members of their armed forces under 18 years of age do not take a direct part in hostilities. In addition, armed groups distinct from the armed forces of a State should not, under any circumstances, recruit or use in hostilities persons under 18. States parties are required to take all feasible measures to prevent the recruitment and use of children by such groups, including the criminalization of such practices.
Committee Membership
The Committee is made up of 18 Experts of high moral standing and recognized competence in the field of children's rights. The following members, nominated by the States parties to serve in their personal capacity, have been elected or re-elected to the Committee: Agnes Akosua Aidoo (Ghana); Alya Ahmed Bin Saif Al-Thani (Qatar); Joyce Aluoch (Kenya); Luigi Citarella (Italy); Kamel Filali (Algeria); Maria Herczog (Hungary); Moushira Khattab (Egypt); Hatem Kotrane (Tunisia); Lothar Friedrich Krappmann (Germany); Yanghee Lee (Republic of Korea); Rosa María Ortiz (Paraguay); David Brent Parfitt (Canada); Awich Pollar (Uganda); Dainius Puras (Lithuania); Kamal Siddiqui (Bangladesh); Lucy Smith (Norway); Nevena Vuckovic-Sahovic (Serbia); and Jean Zermatten (Switzerland).
Ms. Lee is the Chairperson of the Committee; Ms. Aidoo, Mr. Filali, Ms. Ortiz, and Mr. Zermatten are Vice-Chairpersons; and Mr. Krappmann is the Rapporteur.
Tentative Timetable for Consideration of Reports
Following is a tentative timetable for the consideration of reports from States parties to the Convention during this session:
Tuesday, 13 January
10 a.m. Malawi: second periodic report (CRC/C/MWI/2)
3 p.m. Malawi (continued)
Wednesday, 14 January
10 a.m. Chad: second periodic report (CRC/C/TCD/2)
3 p.m. Chad (continued)
Thursday, 15 January
10 a.m. Netherlands, Netherlands Aruba and Netherlands Antilles: third periodic report (CRC/NLD/3)
3 p.m. Netherlands (continued)
Friday, 16 January
10 a.m. Netherlands: OPSC Optional Protocol on the sale of children, child prostitution and child pornography.
initial report (CRC/C/OPSC/NLD/1)
Tuesday, 20 January
10 a.m. Republic of Moldova: combined second and third periodic report (CRC/C/MDA/3)
3 p.m. Republic of Moldova (continued) and Republic of Moldova OPAC Optional Protocol on the involvement of children in armed conflict.
initial report (CRC/C/OPSC/MDA/1)
Wednesday, 21 January
10 a.m. Democratic Republic of the Congo: second periodic report (CRC/C/COD/2)
3 p.m. Democratic Republic of the Congo(continued)
Friday, 23 January
10 a.m. Democratic People's Republic of Korea: combined third and fourth periodic report (CRC/C/PRK/4)
3 p.m. Democratic People's Republic of Korea (continued)
Monday, 26 January
10 a.m. Maldives: OPAC2 initial report (CRC/C/OPAC/MDV/1)
3 p.m. Maldives: OPSC1 initial report (CRC/C/OPSC/MDV/1)
Tuesday, 27 January
10 a.m. Tunisia: OPAC2 initial report (CRC/C/OPAC/TUN/1)
Friday, 30 January
12.30 p.m. Public closing of the session
More information, including links to documentation for the forty-ninth session of the Convention on the Rights of the Child, is available at the OHCHR website at: http://www2.ohchr.org/english/bodies/crc/crcs50.htm
_________
For use of the information media; not an official record
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