AFTERNOON

7 March 2012

Concludes Interactive Dialogue on Arbitrary Detention and Internally Displaced Persons

The Human Rights Council this afternoon held an interactive dialogue with the Special Representative of the Secretary-General on violence against children and the Special Rapporteur on the sale of children, child prostitution and child pornography. It also concluded its interactive dialogue on arbitrary detention and internally displaced persons.

Marta Santos Pais, the Special Representative of the Secretary-General on violence against children, said that supporting the global campaign for the universal ratification of the Optional Protocols to the Convention on the Rights of the Child remained a key dimension of her mandate along with legal reform to prohibit, prevent and respond to incidents of violence against children. To protect children from violence, legislation needed to prohibit all forms of violence against children in a clear and unequivocal manner. Violence in schools remained a challenge for many children around the world.

Najat Maalla M’jid, Special Rapporteur on the sale of children, child prostitution and child pornography, highlighted children’s vulnerability during times of humanitarian crisis due to environmental disasters, and urged States to strengthen integrated protection systems for children. The Special Rapporteur noted the commitment of Mauritius to fight child prostitution and child pornography but said the country lacked a comprehensive legal framework to protect children. She said that France had put in place an effective legal system to protect children but that the coverage was fragmented and unequal depending on where violations took place, and called upon the Government to adopt a single coordinated strategy in order to implement its legislation.

Mauritius and France spoke as concerned countries: Mauritius made a formal request for technical assistance in developing a Comprehensive Child Protection Strategy. Concerning the protection of minors, France said that certain departments had welcomed foreign minors in large numbers for historical and geographical reasons and the creation of a National Observatory for Children in Danger in France would contribute to the improvement of this situation. The National Advisory Human Rights Commission of France also took the floor.

In the interactive dialogue, speakers said that appropriate and diverse protection measures for children should be taken during times of humanitarian crises, and asked how parameters and norms on corporate social responsibility could be developed to regulate the actions of private agents during natural disasters. Some speakers highlighted the need to make juvenile justice systems child friendly in dealing with violence against children, while some strongly supported the global campaign for universal ratification of the Convention on the Right of the Child and its Optional Protocols.

Speaking in the interactive dialogue were: Uruguay on behalf of the Group of Latin American and Caribbean Countries, European Union, Senegal on behalf of the African Union, Pakistan on behalf of the Organization of Islamic Cooperation, Egypt, Spain, Kuwait, Portugal, Indonesia, Romania, Australia, Algeria, Malaysia, Austria, Costa Rica, Belarus, Ecuador, Peru, United States, Russia, Greece and Croatia.

Speaking in right of reply in relation to the interactive dialogue on arbitrary detention and internally displaced persons were Russia, Uzbekistan, Azerbaijan, Georgia and Armenia.

At the beginning of the meeting, the Council heard the concluding remarks of the Special Rapporteur on the human rights of internally displaced persons. The Special Rapporteur presented his report this morning and a summary of his remarks can be found in press release HRC/12/21

In his concluding remarks, Mr. Beyani said that the most important theme that arose from the discussion this morning was the issue of best practice and where it was found. He thanked the Governments of the Maldives and Kenya for their positive comments about his country visits, and said examples of best practice could be found in Mozambique, Colombia, Angola and other countries. Host communities required an expansion of services in order to better host internally displaced persons. The starting point was registration of the population as a whole and monitoring of the movement of the population to identify internally displaced persons living outside of camps. Challenges were the non-existence of registration systems and lack of identity cards; some sort of electronic identification was needed.

The Council will resume its work on Thursday, 8 March at 9 a.m. when it will hold its annual full day meeting on the right of the child. The interactive dialogue on violence against children and on the sale of children will resume during the Council’s midday meeting.

Concluding Remarks by Special Rapporteur on the Human Rights of Internally Displaced Persons

CHALOKA BEYANI, Special Rapporteur on the human rights of internally displaced persons, said in concluding remarks that the most important theme that arose from the discussion this morning was the issue of best practice and where it was found. He thanked the Governments of the Maldives and Kenya for their positive comments about his country visits. The mandate was working on a three-pronged approach: firstly, exercise of the responsibility of States in the protection of and assistance to internally displaced persons living outside camps and settlements. Secondly, the mandate worked with humanitarian agencies and national Governments to improve data collection about internally displaced persons living outside camps. The third prong of the strategy was to engage the Inter-Agency Standing Committee so that agencies themselves identified issues and priorities which would then trickle down to country levels. The challenge concerning best practice was finding the example and identifying what it was; examples could be found in Mozambique, Colombia, Angola and other countries; while the Joint Profiling Project, which was at its early stage, would provide best practices in identifying internally displaced persons outside of camp settings. It was important to note that the development of methodologies would require increased collaboration between States, humanitarian agencies and the mandate.

The operational response and support to host communities varied from case to case, but host communities required expansion of services, in order to better host internally displaced persons and establish a positive relationship. The starting point was registration of the population as a whole and monitoring of the movement of the population to identify internally displaced persons living outside of camps. The challenges were the non-existence of registration systems for internally displaced persons living outside of camps, and lack of identity cards which would often be lost in displacement. That was why some sort of electronic identification was needed. The priority of the mandate was to consolidate the normative and legal framework; the guiding principles were not binding but were based on hard law, analogical extension and application of international refugee law, which included protection and assistance to internally displaced persons and dialogue with States.

Documentation

The Council has before it the report of the Special Representative of the Secretary-General on violence against children (A/HRC/19/64)
The Council has before it the report of the Special Rapporteur on the sale of children, child prostitution and child pornography (A/HRC/19/63); a corrigendum to the report of Special Rapporteur of the Secretary-General on the sale of children, child prostitution and child pornography (A/HRC/19/63/Corr.1); an addendum to the report of the Special Rapporteur on the sale of children, child prostitution and child pornography concerning her mission to Mauritius (A/HRC/19/63/Add.1); and an addendum to the report of Special Rapporteur on the sale of children, child prostitution and child pornography concerning her mission to France (only available in French - A/HRC/19/63/Add.2).
Presentation of Reports on Violence against Children and on the Sale of Children, Child Prostitution and Child Pornography
MARTA SANTOS PAIS, Special Representative of the Secretary-General on Violence against Children, said important initiatives had been promoted over the past months: a global survey to raise awareness, emphasis on widening and further consolidating partnerships with regional organizations and political groups, and the launch of a global survey on violence against children to assess and accelerate progress concerning this critical agenda. Support to the global campaign for the universal ratification of Optional Protocols to the Convention on the Rights of the Child remained a key dimension of the mandate. At present, only 39 countries had not yet adhered to the Protocol. Another key component of the advocacy agenda had been the organization of expert consultations on strategic dimensions of children’s protection from violence. In January 2011 a consultation on violence against children in the juvenile system was held in Vienna. Legal reforms to prohibit, prevent and respond to incidents of violence against children were key priorities for the mandate, and were an indispensable building block of a robust national child protection system as well as an on-going process.

To protect children from violence, legislation needed to prohibit all forms of violence against children in a clear and unequivocal manner. Violence in schools remained a challenge for many children around the world. Although statistical information on violence in education remained scarce and fragmented, available data revealed the serious incidence and the long-lasting consequences of this phenomenon both on children and their families, and on the education system and not less importantly, on the human capital and economic development of a nation. Consolidation of strategic partnerships with regional organizations and institutions was a cornerstone of the work to advance the implementation of the recommendations of the United Nations Study on Violence against Children. To gain perspective on progress achieved, reflect on good practice and factors of success and support countries in their efforts to overcome persisting challenges, the Special Rapporteur was conducting a global survey on violence against children. Reports from some 90 Governments had been received.

NAJAT MAALLA M’JID, Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography, presented her fourth thematic report and reports on her visits to Mauritius and France. The report examined protection of children during natural disasters. Children were extremely vulnerable during humanitarian crises, the Special Rapporteur said, and were often separated from their families, risked not being identified and being put up for adoption too quickly. Certain persons used the chaos of the situation to undertake criminal activities involving children. The lack of national data collection systems made it very difficult to measure the number of child victims sold or sexually exploited. States had a responsibility to protect children, but their resources were often weakened during humanitarian crisis, and international organizations which intervened to provide emergency aid. Unfortunately gaps remained in the guidelines on the protection of children during humanitarian actions, due to overlapping activities and the limited experience of humanitarian personnel on child protection norms. The Special Rapporteur recommended that States implemented national coordination mechanisms, registered children at birth and during adoption in order to facilitate tracing and identification, gave priority to family members for adoption of children and adopted agreements to cooperate with other States and organizations in cases of natural disaster. Humanitarian organisations and the private sector had to organise training for their staff and take coordination measures to ensure that responsibilities and resources were clearly distributed.

Regarding her visit to Mauritius in May 2011, the Special Rapporteur noted with satisfaction the commitments of that country to fight child prostitution and child pornography, and to collaborate with her mandate. There was, however, a lack of comprehensive legal framework and a lack of skills of relevant stakeholders. During her visit to France, the Special Rapporteur noted an effective legal and decentralised system. However, despite efforts made by the Government and civil society, the coverage of children was defragmented and unequal, and dependent upon where violations took place. The Special Rapporteur called upon the French Government to adopt a single, coordinated strategy to facilitate the implementation of its legislation and to strengthen education and rehabilitation of children.

Statements by Concerned Countries

Mauritius, speaking as a concerned country, said that the Government was implementing measures initiated by the Ministry of Gender Equality, Child Development and Family Welfare to prevent child violence and improve child protection in Mauritius. A drop-in centre and residential care for child victims of commercial sexual exploitation would soon be made operational along with six shelters for children in distress across the island. With regard to child participation, a National Children’s Committee participated in a series of meetings and activities, including a march for sensitization on HIV AIDS. The Children’s Bill, due for National Assembly consideration in 2012, would provide a legislative framework. Mauritius agreed that there was a need for a monitoring mechanism to follow-up and evaluate national child-protection strategies, and had created a high level committee to clearly establish the roles of all stakeholders in child protection services. In 2011 a new Chairperson was appointed to ensure a proper and effective implementation of the Child Mentoring Programme. Mauritius required expert assistance in developing a coordinated set of social norms, laws, policies, regulations and services and made a formal request for assistance in developing a Comprehensive Child Protection Strategy.

France, speaking as a concerned country, said it was profoundly attached to the protection of children’s rights. In the general framework of the protection of children, France had set up a legislative system which placed children at its very heart, emphasizing respect for the rights of children as well as for their fundamental needs. France had also set up a judicial system in line with principal international instruments. With respect to the better harmonization of protection of foreign, isolated minors, France brought the Council’s attention to the fact that the principle difficulty was unequal division among departments. Certain departments welcomed those minors in very large numbers for historical and geographical reasons. France had a solid legislative framework to deal with the fight against child pornography on the Internet, and French legislation carried stricter penalties that those fixed at the European level. The creation of a National Observatory of Children in Danger in France would improve the situation of children taken into care by social services.

The French National Advisory Human Rights Commission (French National Human Rights Institution) said it supported the recommendation that France should build up a national coordinated strategy to more efficiently fight child exploitation. Migrant minors were the most vulnerable and were often considered offenders rather than victims. Re-education should be part of the strategy rather than criminalisation. The Commission stressed the importance of effective follow-up to the recommendations of the Rapporteur, and said that signature of the new Optional Protocol would indicate France’s commitment to protection of child rights.

Interactive Dialogue on the Sale of Children, Child Prostitution and Child Pornography,

Uruguay, speaking on behalf of the Group of Latin American and Caribbean Countries, said that it wanted the mandate of the Special Rapporteur on violence against children extended and noted the need for continued support to regional meetings. The Group of Latin American and Caribbean Countries highlighted the important role played by juvenile justice in dealing with violence against children. The situation of children who were vulnerable was made worse during times of natural disaster.

European Union asked how the Human Rights Council could encourage greater and more active participation of children in the broad partnership for prevention and elimination of violence against children, and asked the Special Rapporteur about good practices or challenges for schools and education in disaster prevention.

Senegal, speaking on behalf of the African Group, noted with great concern the increased vulnerability of children during humanitarian crises as a result of environmental disasters, and said appropriate and diverse protection measures should be taken during times of humanitarian crises. International cooperation should be used to prosecute those who had committed violence against children.

Pakistan, speaking on behalf of the Organisation of Islamic Cooperation, condemned all forms of violence against children, and said there was a need to strengthen international cooperation and end impunity for crimes against children. The Organization agreed that the primary responsibility for the protection of children in a humanitarian crisis following natural disasters remained with the State concerned.

Egypt said it had always had progressive policies and legislation to promote and protect the rights of the children, and to prohibit the sale of children, child pornography and child prostitution. Egypt asked the Special Rapporteur to reflect further on the element of pre-disaster preparedness.

Spain said the particular vulnerability of children after natural disasters and the lack of a general coordination framework meant the Special Rapporteur’s report was very necessary, and asked for her recommendations for host countries of children left vulnerable due to natural disasters. Given the growing importance of private agents operating during natural disasters, how could parameters and norms of corporate social responsibility be developed?

Kuwait said it guaranteed the rights of children, and its constitution protected families as the cornerstone of society and a source of stability for children, which was why Kuwait had acceded to the Convention on the Rights of the Child and its Optional Protocols. Kuwait voiced concern about violence against children perpetrated by Israel in the Occupied Palestinian Territory.

Portugal said it fully supported renewal of the mandate of the Special Rapporteur. Violence against children remained widespread and socially accepted, how would the Special Rapporteur recommend overcoming those challenges?

Indonesia said that the Government had launched a National Action Plan on violence against children, and had made efforts to address the issue of street children. The protection of children during natural disasters, particularly during and after the tsunami of 2004 and ensuring that children were not separated from their families, was given particular attention,

Romania said it had achieved progress in regulation of violence against children in all its essential forms – abuse, neglect, exploitation and trafficking and in related forms of domestic violence, and would continue to diversify services for the protection of children and family and to strengthen capacities of national and local authorities for the management of issues related to protection of children against violence.

Australia said it strongly supported the global campaign for universal ratification of the Convention on the Rights of the Child and its Optional Protocols. Children were at the heart of the social agenda in Australia, which had developed a comprehensive national framework to protect Australian children. That framework was modeled on a public health approach and promoted early intervention through improved universal child and family services. Australia was happy to share lessons learned with interested States.

Algeria shared the concerns of the Special Rapporteur about the protection of children after national disasters, and said it was important to raise awareness about disasters among citizens. Algeria also underlined the importance of birth registration, and said that regional cooperation and sharing of best practices were equally important.

Malaysia concurred that legislation prohibiting all forms of violence was indeed a key component to deal with violence against children. The Malaysian Government had enacted the Child Act 2001 which provided that every child was entitled to protection and assistance in all circumstances. More needed to be done by the international community to ensure that children affected by natural disasters were protected. The Government had also taken proactive measures to advance a safe internet culture for Malaysian children.

Austria asked the Special Rapporteur to share best practices in regard to awareness raising campaigns to change societal attitudes related to violence against children. Austria also asked the Special Rapporteur to give a short summary of the main outcomes of recent expert consultations in Vienna. Could the Special Rapporteur provide her opinion on whether children belonging to minorities faced special vulnerabilities in emergency situations and how these could be addressed?

Costa Rica said the Optional Protocol to the Convention on the Rights of the Child was an important measure for ensuring access to justice. The legal prohibition of violence in schools was virtually not a reality in 80 countries across the world. It was important that the Special Rapporteur addressed the vulnerability of children during natural disasters. Costa Rica stressed the importance of registering children, having clear protocols of prevention in place, and ensuring the cooperation provided by specialised United Nations institutions in these situations.

Belarus said it was implementing a national plan of action to improve the protection of children and implement the conclusions of the Committee of the Right of the Child. A system of State institutions was in place for the prevention of violence, the rehabilitation of children and the prosecution of perpetrators. Fighting child prostitution and pornography was done through State programmes on combating human trafficking. Belarus invited the Special Rapporteur to come and visit the country.

Ecuador called upon the international community to take action to coordinate its efforts towards the eradication of forms of violence against children all over the world. On the basis of the 2008 Constitution, Ecuador had implemented means of protection and had created organisms with new competences, such as the national plan to eradicate child labour, the national plan for the eradication of gender violence, and the plan for the eradication of sexual offenses. Ecuador had materialised the principle of the best interest of the child through the adoption of legislation. Ecuador made an appeal to the international community for more cooperation in the implementation of the proper protection of children.

Peru said that Peru fully supported the mandate of the Special Rapporteur on the sale of children, child prostitution and child pornography, and highlighted the importance of the protection of children. National strategies had to be taken at all levels, including at the decentralised level, to establish appropriate mechanisms for the protection of children. Peru welcomed the organization in May of expert consultations on this topic. Peru hoped that the new Optional Protocol to the Convention on the Rights of the Child would shortly receive enough signatures to enter into force.

United States expressed strong concern regarding violence and abuses against children and recognized children’s exposure to violence around the world, including in the United States. The United States agreed that the incorporation of children’s views was essential in putting in place child protection programmes. The United States was committed to protecting the rights of children during and in the aftermath of humanitarian crises, both natural and conflict-induced.

Russian Federation said that the welfare of children was of particular importance to the Russian Federation and that children were singled out as a special category in need of extra protection, including against cruelty in family. The Russian Federation agreed with the Special Representative that the international community needed to step up its efforts in protecting children from violence. The Russian Federation asked the Special Rapporteur what measures were most effective in protecting children from trafficking in situations of natural disasters.

Greece said that Greece had adopted a new law on sexual exploitation and abuse of children in 2008, with the aim of preventing those crimes, training the police and public officials, and providing assistance to victims. An important institution in the fight against the exploitation of children was the Office of the Ombudsmen. Further, Greece had adopted legislation on domestic violence which created an institution to deal with cases of domestic violence.

Croatia said that children worldwide were faced with many challenges from obstacles of birth registration to the risk of violence in institutions and criminal detention institutions. The Government was committed to making the justice system child friendly. Could the Special Rapporteur elaborate on how the future work of the Committee on the Rights of the Child in the role of the complaint mechanism would function?

Right of Reply

Russian Federation, speaking in a right of reply, said that it disagreed with the statement made by Georgia that Russia was responsible for the creation of internally displaced persons in Georgia. The authorities in Georgia were responsible for the creation of a large number of refugees in South Ossetia; the actions of Russia were aimed at protecting the Ossetian people against acts of genocide by the Georgian authorities. There was a lack of willingness on the part of the Government of Georgia to allow refugees to return to South Ossetia and Russia stressed that South Ossetia was an independent sovereign State that had effective control over its territory.

Uzbekistan, speaking in a right of reply, said that Uzbekistan had been fully cooperating with the Working Group on arbitrary detention and had been providing all necessary information. Uzbekistan was convinced that timely and detailed information provided by the country was appreciated by the Working Group. Unfortunately, the Working Group seemed to have received false information. Uzbekistan had already introduced habeas corpus and had consequently amended its Criminal Code. The introduction of this institution had strengthened the protection of persons from unfounded criminal prosecution and interference in private life.

Azerbaijan, speaking in a right of reply with regard to remarks during the interactive dialogue on internally displaced persons, said that while stating unrealistic claims, the representative of Armenia was led by false distortions of his own country which had expelled more than 200,000 ethnic Azerbaijanis in the 1980s. Azerbaijan said that any visit to the occupied Nagorny Karabakh, under any pretext and without prior agreement of the Government of Azerbaijan, was a violation of the territorial integrity of this country. Azerbaijan asked Armenia to start implementing measures to address the root causes of the displacement of more than one million internally displaced persons in Azerbaijan.

Georgia, speaking in a right of reply, said that the Russian Federation was trying to politicize the discussions in the Human Rights Council. Georgia was a sovereign country and this was reflected in the relevant United Nations documents and in Security Council resolutions. The invasion was premeditated and was evidenced by independent sources. Georgia called on the Russian Federation to respect this forum and keep discussions related to the area of human rights.

Armenia, speaking in a right of reply, said that the first groups of refugees arrived after the attacks from Azerbaijan. Azerbaijan had chosen to present incorrect information on internally displaced persons within international fora.

Russia, speaking in a second right of reply, said that Georgia was the one politicising the discussion in the Council.

Azerbaijan, speaking in a second right of reply, said that there was not a single Azerbaijani person remaining in Armenia because of atrocities committed by Armenia. Azerbaijan strongly protested against the provocations made by Armenia, which went against the objective of having a constructive dialogue.

Armenia, speaking in a second right of reply, said that Armenia had always advocated that the resolution of the conflict in Nagorny Karabakh be based on the full respect of the human rights of all, on the right to self-determination, and on the rights of internally displaced persons. The Government of Azerbaijan had been implementing propaganda programmes and spreading hatred against Armenia, including calls for conflict and aggression in Nagorny Karabakh.

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For use of the information media; not an official record