人权理事会举行有关预防在促进和保护人权作用的小组讨论（部分翻译）

2014年9月18日

人权理事会在午间会议中举行了一场有关预防在促进和保护人权作用的小组讨论，以期进一步扩展预防人权侵犯行为的概念。

联合国人权事务副高级专员弗拉维亚·潘谢里在开场致辞中表示，预防人权侵犯行为升级为大规模暴行十分紧迫，她强调了各国从第一句仇恨言论开始，通过有效易用的司法系统、人权投诉法和机构对侵犯行为作出早期响应的职责。她还指出，联合国秘书长的“人权先行”计划中有关在有明确侵犯模式的情况下促进高层参与和领导的承诺。

贵格会联合国办事处人权与难民部顾问、小组讨论主持人雷秋·布雷特（Rachel Brett）介绍了讨论组成员，并指出预防意味着设立一个有利的人权网络；而在国家层面则意味着存在可在法庭上被援引的法律规定。

讨论小组成员包括少数群体问题特别报告员里塔·伊扎克（Rita Izsák）; 非洲儿童权利与福利专家委员会和儿童权利委员会副主席本亚姆·达维特·梅兹穆尔（Benyam Dawit Mezmur）；阿富汗独立人权委员会主席西玛·萨马尔（Sima Samar）；预防酷刑协会秘书长马克·汤姆森（Mark Thomson）和经济、社会与文化权利委员会副主席雷纳托·泽比尼·里贝罗·雷奥（Renato Zerbini Ribeiro Leião）。

少数群体问题特别报告员里塔·伊扎克列举了包括排斥、缺乏善治或法治、仇恨言论、否认或剥夺公民身份、非国家行为者的有害行动、武装冲突及其他在内的暴力和种族灭绝预警信号。她表示，由于仇恨言论不仅会影响到目标群体，还会使这种言论逐渐成为正常模式，她在3月的报告中强调了将少数群体纳入2015年后发展议程的重要性。

非洲儿童权利与福利专家委员会和儿童权利委员会副主席本亚姆·达维特·梅兹穆尔表示，预防暴力侵犯儿童行为在道德上势在必行、有利于发展且经济高效。正式和非正式教育以及儿童的参与对预防暴力侵害儿童行为都十分关键。

阿富汗独立人权委员会主席西玛·萨马尔表示，教育系统的各个部分都缺乏人权意识，包括在教师培训和对武装力量或国家情报机构的培训上。

预防酷刑协会秘书长马克·汤姆森强调了通过降低导致侵犯行为的风险因素来直接预防或减少侵犯行为，以及通过起诉、诉讼和对肇事者问责等方式来间接预防侵犯行为的必要性。

经济、社会与文化权利委员会副主席雷纳托·泽比尼·里贝罗·雷奥表示，委员会已制订了议题清单来解释已采取哪些措施来预防人权侵犯行为，并为各国提出了包含通过预防措施具体建议的结论性意见以及有关如何遵守公约规定和提高意识的信函。

发言者在讨论中表示，安理会在加强国家保护机制和促进预防人权侵犯方面发挥了重要作用，许多发言者强调了充满活力的民间社会和与特别程序在早期预警方面发挥相似作用的媒体的重要性。代表团们强调了打击有罪不罚现象、落实法治以预防侵犯行为以及加强国家人权机构作用的重要性。国际刑事法庭也发挥了预防性作用，并能够在存在实际暴行罪威胁的情况下进行及时干预。许多讨论者将保护责任与预防责任联系在一起，并强调这并不会损害国家的主权。一些代表团表示，预防的概念并不清晰，因此需要给出更好和更加一致的定义。

以下代表团在讨论中发言：澳大利亚代表一个国家集团，俄罗斯联邦代表一个意见相似的国家集团、欧盟、塞内加尔代表法语国家集团、波兰、印度、立陶宛、爱沙尼亚、奥地利、摩尔多瓦共和国、马尔代夫、委内瑞拉、古巴、伊斯兰合作组织、东帝汶、澳大利亚、塞拉利昂、格鲁吉亚、韩国、阿尔及利亚、斯洛文尼亚、安哥拉、阿塞拜疆、乌克兰、苏丹和红十字国际委员会。

非洲技术发展网络、促进巴林民主和人权的美国人联盟、学联国际和国际促进非洲民主协会也在讨论中发言。

人权理事会将在下午的会议中审议科特迪瓦、葡萄牙和不丹的普遍定期审议结果文件。

Opening Statements

BAUDELAIRE NDONG ELLA, President of the Human Rights Council, said that in its resolution 24/16 on the role of prevention in the promotion and protection of human rights, the Council decided to convene, at its twenty-seventh session, a panel on the role of prevention in the promotion and protection of human rights. This panel would seek to contribute to the development of the concept of prevention and underline the role of prevention for the protection and promotion of human rights. The goal was also to promote the adoption of legislation and plans for the prevention of violations.

FLAVIA PANSIERI, Deputy United Nations High Commissioner for Human Rights, said in her opening statement that all had to urgently strive to prevent violations of human rights before they occurred and escalated into mass atrocities. States had the first responsibility to take measures to prevent human rights violations. Risks factors that could lead to serious human rights violations included serious discriminatory practices. Governments, civil society and the international community all had to be alert to warning signs much earlier, when the very first words of hate speech were uttered or when media started to promote negative stereotypes. She underlined the role of United Nations human rights mechanisms, including treaty bodies, the Universal Periodic Review and the Human Rights Council, as mechanisms for early warning. The “Rights Up Front” initiative by the United Nations Secretary-General included a strong commitment by the United Nations to make sure that whenever patterns of violations provided clear warning signs of looming crises, high level engagement and leadership were activated. The post-2015 development agenda was crucial to ensure policy coherence in terms of governance and justice, and to encourage the realisation of human rights related to personal security, public participation and access to justice.

Preventing human rights violations was at the core of the mandate of the Office of the High Commissioner for Human Rights, including through public advocacy, education and awareness raising campaigns, diplomacy, capacity building and technical assistance for the design and implementation of measures for the prevention of violations. States had the primary responsibility to prevent human rights violations through effective and broadly accessible justice systems, backed by effective, human rights-compliant laws and institutions. National human rights institutions played a very important role, and many regional organizations were also strengthening the preventive dimension of their human rights activities.

Statements by Panel Moderator and Panellists

RACHEL BRETT, Adviser, Human Rights and Refugees, Quaker United Nations Office and Panel Moderator, introduced the panellists and said that prevention meant the creation of an enabling human rights framework; at the national level, it meant the existence of legal provisions which could be invoked in court. She asked Special Rapporteur Rita Izsak about risk elements that she had identified as warning signs of violence against minorities.

RITA IZSÁK, Special Rapporteur on minority issues, said that in her recent report which had not yet been punished, she had identified some of the factors that could be early warning signs of upcoming violence and genocide. Those included exclusion, deficiency of good governance and rule of law, hate speech, denial or deprivation of citizenship, harmful actions of non-State actors, armed conflict and others. In her March 2014 report the Special Rapporteur stressed the importance of the inclusion of minorities in the post-2015 development agenda. Hate speech was a process aiming to dehumanize and demonize others which affected not only the target groups but also the impacted majority group in a sense that it desensitized them and made them accept hate speech as a norm.

RACHEL BRETT, Adviser, Human Rights and Refugees, Quaker United Nations Office and Panel Moderator, asked which measures could be undertaken to prevent violence against children.

BENYAM DAWIT MEZMUR, Vice-Chairperson of the African Committee of Experts on the Rights and Welfare of the Child and of the Committee on the Rights of the Child, said that both the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child were explicit in requesting that children must grow up in an atmosphere of love, happiness and understanding. Prevention of violence against children was morally compelling, developmentally sound and cost-effective. Mr. Mezmur said that there were still countries which condoned the practice of early and child marriage, and that in at least three countries in the world children were still being executed for offences they committed as children. Education, formal and informal, and the participation of children were crucial for prevention of violence against children. The Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child were normative documents that needed to be translated into national laws, but the situation was different on the ground, where violence against children, corporal punishment and other forms of violence against children were still not explicitly prohibited in legislation.

Sima Samar, Chairperson, Afghan Independent Human Rights Commission, said there was a lack of human rights awareness in every sector of the education system in Afghanistan, for instance in the schools' curricula as well as with regard to the training of teachers, but also of armed forces or even of national intelligence services. In this vein, human rights training material in various formats on these areas had been made available. The Afghan Independent Human Rights Commission conducted monitoring of detention centres to ensure the conditions of detainees and internally displaced persons. It also looked at violations of international human rights law and transitional justice as a violation of the human rights prevention tool. Moreover it cooperated in law reforms together with civil society, with particular emphasis on violations by State institutions. It also worked on the protection and promotion of the human rights of people in danger, aiming at ending the culture of impunity and facilitating reconciliation.

Mark Thomson, Secretary-General, Association for the Prevention of Torture, said there were two key elements to prevention of torture. On one hand, there was direct prevention or mitigation of violations through reducing risk factors to such violations. On the other hand, indirect prevention focussed on avoiding violations through prosecution, litigation and sanctions to hold accountable those responsible. In the first case, prevention meant looking at risk causes to violations, whereas in the second case it implied identifying risk factors at different levels, looking at gaps in protection and vulnerabilities as well as to specific cases of failure in deterring them. A holistic approach to tackle this was needed involving a wide range of actors.

RACHEL BRETT, Adviser, Human Rights and Refugees, Quaker United Nations Office, and Panel Moderator, asked Renato Zerbini Ribeiro Leão about the role of United Nations treaty bodies for the prevention of human rights violations.

RENATO ZERBINI RIBEIRO LEÃO, Vice-Chairperson of the Committee on Economic, Social and Cultural Rights, said that the work of the Committee on Economic, Social and Cultural Rights with regards to preventing human rights violations had been done through developing lists of issues, concluding observations and sending letters. Lists of issues requested States to explain what measures had been taken to prevent rights violations. Concluding observations included specific recommendations for States to adopt preventing measures in accordance with the International Covenant on Economic, Social and Cultural Rights and in light of General Comments issued by the Committee. Finally, the Committee could also send letters to States parties on ways in which they could comply with the Covenant, for example through the incorporation of the Covenant into domestic laws and raising awareness on its dispositions.

RACHEL BRETT, Adviser, Human Rights and Refugees, Quaker United Nations Office, and Panel Moderator, asked Rita Izsák about the importance of protecting minorities for preventing violence and mass atrocities.

RITA IZSÁK, Special Rapporteur on minority issues, stressed the importance of ensuring institutional attention to minority issues, enabling the participation of civil society. It was not enough to have good legislation in place without an independent and adequately funded body to monitor its implementation. The protection and promotion of cultural identities would lead to less conflicts and tension.

RACHEL BRETT, Adviser, Human Rights and Refugees, Quaker United Nations Office, and Panel Moderator, asked about the role of effective strategies at the regional level in addressing violence against children.

BENYAM DAWIT MEZMUR, Vice-Chairperson of the African Committee of Experts on the Rights and Welfare of the Child and of the Committee on the Rights of the Child, stressed the value of the work of regional organizations which complemented the work on the international level and also filled in the gaps; they carried expertise that was more relevant to the regions and worked well with Parliamentarians who played a crucial role in preventing violence against children. Some examples included peer-to-peer work, the work on budgeting for the legislation, for example by providing resources to fund social workers in South Africa which were essential in preventing violence against children. The idea of quiet diplomacy was important for the African region.

RACHEL BRETT, Adviser. Human Rights and Refugees, Quaker United Nations Office, and Panel Moderator, asked about best strategies at the national level to address violence against women.

SIMA SAMAR, Chairperson of the Afghan Independent Human Rights Commission, said that violence against women in Afghanistan was common and was culturally accepted. The efforts were in tackling the particular area of the rights of women through legislative reform, and including women’s rights in new laws and research and evidence gathering, for example on rape. The Commission was fighting for a better environment in the police forces and in politics to ensure greater participation of women. Also, the promotion of universality of human rights and human rights treaties was important to counter the argument of cultural and religious relativity that was used by some to avoid addressing the issues of women’s rights and violence against children. The greatest fight was the one for the implementation of legislation on the ground, monitoring the implementation of laws and pressuring States to live up to their responsibilities.

Turning to Mr. Thomson, RACHEL BRETT, Adviser, Human Rights and Refugees, Quaker United Nations Office, and Panel Moderator, asked for his views on strategies on preventing and combating the practice of torture and the role civil society could play in the process.

MARK THOMPSON, Secretary-General, Association for the Prevention of Torture, said a holistic combination of elements was necessary. On one hand, it was necessary to establish a clear policy framework to prevent torture. Ratification was only a start. On the other hand, it was key to enhance the implementation of that legal element, through appropriate prosecution and sentencing, training and capacity strengthening of police and other actors, as well as through procedural safeguards, an example of which were registers and video recording of confessions. Key tools were independent oversight mechanisms and practises such as regular, independent monitoring of places of detention by independent preventative mechanisms under the Optional Protocol to the Convention against Torture. Adequate financial and staffing resources were also fundamental. All these steps could reduce risks of torture and provide informed recommendations, together with public debates with civil society and legislative bodies.

RACHEL BRETT, Adviser, Human Rights Refugees, Quaker United Nations Office, noted how different the detention oversight element was to other elements and asked for examples of best practises in this area.

RENATO ZERBINI RIBEIRO LEÃO, Vice-Chairperson, Committee on Economic, Social and Cultural Rights, noted the usefulness of combating poverty and ensuring inclusiveness, particularly of girls in education around the world. At the request of States, the Committee on Economic, Social and Cultural Rights had been able, together with non-governmental organizations, United Nations technical bodies and others to gather robust data that could be utilised for prevention. There was indeed a need for reliable statistics that could be provided to assist persons who might have difficulties in the effective enjoyment of their rights. The Committee sought further constructive dialogue with States parties in areas such as education, labour or culture, of course, on the basis of equality and non-discrimination, to enhance the implementation of applicable covenants.

Discussion

Australia, speaking on behalf of a group of States, said that prevention was better than cure. If preventive approaches could be strengthened, much of the Human Rights Council’s work would not be needed. This work concerned all aspects of human rights. The responsibility to protect was closely linked to the responsibility to prevent. States and other stakeholders were encouraged to strengthen their efforts to identify warning signs. The responsibility to prevent did not constitute a threat for States’ sovereignty. Russian Federation, speaking on behalf of the Like-Minded Group, said that the concept of prevention was not clear and needed to be defined in a better and consensual manner. There was a need to do more research to understand all aspects of prevention and develop tools, involving all stakeholders, in particular Member States, who bore the primary responsibility to promote and protect human rights. The development of those tools should avoid politicization and be based on the principles of universality and non-selectivity.

European Union said the Council had a crucial role to play in strengthening national protection mechanisms and contributing to the prevention of human rights violations, including through the Universal Periodic Review and technical assistance. The European Union underlined the central role played by civil society organizations for the prevention of violations. States should strengthen the role and mandate of national human rights institutions in compliance with the Paris Principles. Senegal, speaking on behalf of the Groupe Francophone, said that the adoption of preventive measures was an absolute necessity. The promotion and protection of human rights was primarily the responsibility of States. However, United Nations human rights mechanisms and bodies played a crucial role in assisting States in preventing violations. Moreover, Senegal stressed the importance of actions to combat impunity and implement the rule of law in order to prevent violations, and to strengthen the role of national human rights institutions. Morocco said that prevention was a vital need. States were obliged to protect human rights. In addition, the United Nations human rights mechanisms and bodies played an important role to support States in the protection of human rights. At the national and international levels, tools for prevention already existed. Their implementation was however lacking. At the national level, national human rights institutions played a fundamental role.

Poland said that prevention of human rights violations was at the heart of the United Nations system and that a vibrant civil society and media played a similar role to that of Special Procedures in acting as early warning agents. The primary responsibility to protect all from human rights violations was with States and India stressed the need to recognize specific national contexts and the support for national mechanisms and institutions though capacity building and technical assistance. The numerous crises around the world demonstrated the importance of strengthening prevention, said Lithuania who underscored the role of civil society, researchers and media in preventing human rights violations. Estonia stressed the importance of criminalization and prosecution of aggressive war making and the preventive role of the International Criminal Court which sent the message that persons engaging in atrocities remained accountable. The International Criminal Court was also in a position to timely intervene in situations of tangible threats of atrocity crimes and Estonia called on all States which had not yet done so to accede to the Rome Statute. Austria emphasized the protection of minority rights in conflict prevention, and the mainstreaming of minority rights in the United Nations system. Republic of Moldova said that there was a clear need to go beyond the theoretical and conceptual framework of prevention and asked the panellists about the level of coherence and synergy within the United Nations and steps to further strengthen its preventive role.

Maldives attached great importance to the issue of prevention. It recognised the role of formal institutions in the prevention of human rights violations. These formal structures alone, however, were not enough to promote and protect human rights within communities. African Technology Development Link referred to heinous target killings in South Asia. Every now and then there was news of killings or bombings, but no one was ever caught or there were no convictions due to lack of evidence. The most horrifying effect was the futility of the murders that had come to be the norm. Americans for Democracy and Human Rights in Bahrain drew attention to the ongoing human rights abuses, especially against human rights defenders, as reprisals for participation in the work of the Human Rights Council, which was prevalent in various Gulf Cooperation Council countries. What could the Council do to stop this?

Remarks by the Panel Moderator and the Panellists

RACHEL BRETT, Adviser, Human Rights and Refugees, Quaker United Nations Office, and Panel Moderator, noted that speakers had flagged that the role of prevention was first and foremost a national responsibility. The panellists had all stressed that as well. There was a role for the international or regional system, to assist States in domestic implementation. The importance of combating impunity, the role of national human rights institutions, an active civil society and the importance of education had been highlighted during the discussion.

RENATO ZERBINI RIBEIRO LEÃO, Vice-Chairperson of the Committee on Economic, Social and Cultural Rights, said that it was quite a challenge to try to summarize all statements heard. It was stressed that the Committee on Economic, Social and Cultural Rights had recognized that in a number of cases legislative measures were desirable and may even be indispensable when it came to combating discrimination. Combating discrimination would be difficult in the absence of a robust legislative framework to take the necessary measures. The Committee had seen how important it was to provide information on the rights contained in the International Covenant on Economic, Social and Cultural Rights to the general public and various State actors.

MARK THOMSON, Secretary General, Association for the Prevention of Torture, said that international human rights law could be helpful for sovereign States. Various actors needed to be involved in different ways to assist States. On torture, an interesting agreement had been put together, namely the Optional Protocol to the Convention on Torture, where States’ sovereignty was respected. There could not be effective prevention if there was no dialogue with the public.

RITA IZSÁK, Special Rapporteur on minority issues, said that although prevention was a State’s responsibility, its negotiation should not be exclusively reliant on sovereignty principles. Most States ratified the human rights conventions, but it was even more important to ensure the enjoyment of them through implementation. The United Nations and the International Criminal Court needed to fight to end impunity in order to guarantee the promotion of human rights throughout the world.

BENYAM DAWIT MEZMUR, Vice-Chairperson of the African Committee of Experts on the Rights and Welfare of the Child and of the Committee on the Rights of the Child, said when it came to children, it was never too early to start prevention, namely by identifying positive values such as in the example of Ethiopia, with intergenerational values that promoted respect for others' differences. Children had to learn that "they could disagree without being disagreeable" and be perceived as human beings in their own right. Lack of money was not, as it was usually said, the root of all evils: human rights compliance was not necessarily correlated with countries with high levels of resources.

RACHEL BRETT, Adviser, Human Rights and Refugees, Quaker United Nations Office, and panel moderator, said that a number of delegations spoke about the importance of human rights education which was not only about teaching about human rights instruments, but it was about how those were taught. It was a process and not just an event.

RITA IZSÁK, Special Rapporteur on minority issues, said that many emphasized the “Rights Up Front” concept and said that its three pillars of responsibility were not sequential. The Special Rapporteur expressed concern about the capacity of regional bodies to address minority issues, and noted that they had significant expertise for the issues related to indigenous peoples. The “Rights Up Front” initiative was crucial and Ms. Izsak stressed the need for better cooperation between Geneva and New York, and the importance of early warning mechanisms and above all, the political will to act on early warnings. The Special Rapporteur said that this year’s Forum on Minority Issues, which would take place in November, would address the issue of violence against minorities.

Discussion

Venezuela said the promotion and protection of human rights required efforts beyond monitoring and public denunciations. It was essential that international solidarity existed, along with fostering capacity-building. The preventive approach should comprise clearly established and defined criteria, adopted by consensus. Republic of Korea said that the prevention of human rights violations could be best achieved in social cultures where everyone respected their human rights and dignity. There was a need to build a framework where human rights violations were transparently exposed and sanctioned without exception. Timor-Leste said that it shared the values and principles of the United Nations Charter and believed Governments should actively engage in the prevention of human rights violations. It was essential to promote and enforce a legal system of equal and fair access to justice for all. Organization of Islamic Cooperation said that it supported the importance of defining a preventive approach in more explicit terms. A universal agreement taking into account suggestions and concerns of all Member States was important. What measures could be taken to assuage concerns of States regarding universal acceptance of this approach?

Cuba said that the United Nations system had a role to play and had to do so with regards to prevention without undermining the fundamental principles that gave rise to the organization. The promotion and protection of human rights should not focus on imposing unilateral coercive measures or condemning countries. Australia said that the responsibilities to protect and prevent were intertwined. Human rights violations were important early indicators for the potential of atrocity crimes. Australia welcomed international and national efforts to promote human rights and prevent the spread of extremism. Georgia said that a 2020 human rights strategy had been developed. One of the cornerstones of the strategy was adequate awareness raising of the people about their rights. It highlighted the grave situation faced in the occupied regions where human rights monitoring mechanisms were not allowed. Sierra Leone noted that having the required political will, passing legislation and drawing up plans were necessary but not sufficient actions to prevent human rights abuses. Resources were necessary and they were not always easily come by. What funding mechanisms existed for preventive measures?

Algeria said that faced with the increasing number of crises around the world leading to human rights violations, it was necessary to better understand various aspects of prevention and give practical tools to States. Prevention meant tackling risk factors such as exclusion and poverty, establishment of the rule of law and good governance and enabling the space for civil society, stressed Slovenia and asked the panellists about integrated response to human rights breaches which could escalate into all-out crises. Angola believed that the panel could be a stepping stone to the creation of prevention mechanisms and said that Angola had restructured its national human rights institution to also include a preventative role. Azerbaijan said that the prevention of human rights violations remained its top priority and reiterated its strong political will to continue its efforts to deepen political reform to ensure better democratic standards for its people. The examples of prevention of human rights violations existed but were not given sufficient attention, said Ukraine, adding that the role of the Human Rights Council in preventing human rights violations could not be over-estimated. Sudan was fully aware that prevention was one of the most effective ways to protect human rights and said that Sudan had embarked on a legislative reform to strongly protect human rights. International Committee of the Red Cross strongly believed that the prevention of violations of international humanitarian law and international human rights law was necessary and achievable and stressed that States had the responsibility to domesticate those international norms and spread knowledge of the rules. The identification of specific humanitarian concerns to address was the starting point of prevention.

United Schools International spoke about the situation of women’s rights in Afghanistan where women and girls were banned from going to school, from going out in public, and from accessing health care delivered by men. International Association for Democracy in Africa said that children in Pakistan had been suffering in the failing conditions which had hampered the quality of their lives.

Concluding Remarks by the Panel Moderator and the Panellists

SIMA SAMAR, Chairperson of the Afghan Independent Human Rights Commission, insisted on the State’s primary responsibility on prevention of violations and protection of human rights. Women and vulnerable groups had to be included in the policy making in order to make it more practical and implementable. The united approach within United Nations agencies should be used. The emphasis on good governance and the rule of law was important for the prevention of human rights violations. Human rights education was key for the prevention. She insisted on the importance of accountability for human rights violations.

RENATO ZERBINI RIBEIRO LEÃO, Vice-Chairperson of the Committee on Economic, Social and Cultural Rights, said that States were required to indicate, in reports they submitted to the Committee, information on resources allocated to the protection of economic, social and cultural rights and their effectiveness, outcomes and expected results. No analysis on obligations related to economic, social and cultural rights could be decoupled to the obligation to ensure individual ownership on the beneficiary of the right.

RITA IZSÁK, Special Rapporteur on minority issues, said that there had been a question on the challenge of ideology, and that this was a question that kept everyone wondering. It was not sure that there was a response other than a need to focus on education and whatever shaped minds. This was a long term process. People joining forces that had distorted ideologies could be prevented. Sometimes, creativity and not necessarily funds were needed for prevention. There was a need to constructively manage diversity in societies, and go back to the principle of inclusivity.

MARK THOMSON, Secretary General, Association for the Prevention of Torture, said that
a delegation had expressed concern about the danger of prevention becoming a naming and shaming exercise. It was not a naming and shaming exercise, but a way of looking at root causes, risk factors and addressing that in a responsible way, and bringing different actors together to find solutions; a certain openness was required. In the area of torture and ill-treatment, it was seen that States ready to take action were starting to cooperate on a subject they were touchy about a few years ago. In the space of the last 10 years, there had been a great shift in States being willing to work together, and this was being presented as they went forward.

BENYAM DAWIT MEZMUR, Vice-Chairperson of the African Committee of Experts on the Rights and Welfare of the Child and of the Committee on the Rights of the Child, referred to a point raised by Sierra Leone, a country with a comprehensive children’s rights act. One of these points was that violations were sometimes done inadvertently. This did not mean sending parents to prison or adopting a criminal law approach. The role of research was extremely important. There was a complementary role for regional bodies and United Nations bodies as well as between regional instruments and United Nations instruments. State-sanctioned violence had to be addressed. Birth registration was an extremely important element in the prevention of violence against children.

RACHEL BRETT, Adviser, Human Rights and Refugees, Quaker United Nations Office, and Panel Moderator, said he was going back to a point raised by many: prevention was primarily the responsibility of the Government of the State, including the Government at all levels, and there was a need for interaction between the different departments and levels. It was also a responsibility to consult and include the different groups and actors, including victims of violations. The regional and international levels could only ever be a second level. They were not, could not and should not be the primary ones acting in this area, but there was a very important role in identifying and sharing best practices, particularly things so engrained in societies that people themselves did not recognise what was happening. Part of that awareness-raising was not just between the Government, people and different institutions in the country, but in the national, regional and international levels.
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