UN Adopts Protocol to Child Rights Convention for Individual Complaints

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United Nations

New York (ABC Live): The Third Committee (Social, Humanitarian and Cultural) on Wednesday approved a draft resolution that would have the General Assembly adopt a new, third Optional Protocol to the Convention on the Rights of the Child establishing a communications procedure, which would allow the Committee overseeing the Convention’s implementation to receive and examine individual complaints from children and to organize country visits to investigate cases of grave and systematic violations of children’s rights.

With the text’s approval, the representative of the Maldives stressed the international community was demonstrating a high level of commitment to strengthening child protection mechanisms around the world.  In particular, the new communications procedure would improve the remedy mechanisms for children around the world.

The draft text — which would recommend that the Optional Protocol be opened for signature in 2012 and enter into force after its tenth ratification or accession — was one of 10 approved today without a vote.  Recorded votes were taken on four other proposals.

Acting again without a vote, the Committee approved a new draft on combating intolerance, negative stereotyping, stigmatization, discrimination, incitement to violence against persons, based on religion or belief, which was tabled by the United Arab Emirates, on behalf of the Organization of Islamic Cooperation (OIC).

The Assembly would, by that text, strongly deplore all acts of violence against persons on the basis of their religion or belief, as well as all attacks on and in religious places, sites and shrines in violation of international law, in particular human rights law and international humanitarian law, including any deliberate destruction of relics and monuments.

It would, in that regard, welcome all international, regional and national initiatives aimed at promoting interreligious, intercultural and interfaith harmony and combating discrimination against individuals on the basis of religion or belief.  Among other things, States would also be called on to make a strong effort to counter religious profiling, which is understood to be the invidious use of religion as a criterion in conducting questionings, searches and other law enforcement investigative procedures.

Highlighting the “landmark consensus” enjoyed by the text, first in the Human Rights Council in Geneva and now in New York, the representative of the United States said his country hoped it would be a blueprint for further action.  He noted that, in the past, the United States was unable to support such resolutions, because they sought to restrict expression, which was counterproductive and exacerbated the problems they sought to address.  Today’s resolution, however, provided for criminalization in only one circumstance — incitement of imminent violence — and upheld respect for universal human rights.

By the consensual draft resolution on the Convention on the Rights of Persons with Disabilities and the Optional Protocol thereto, the Assembly would decide to authorize an additional week of meeting time per year for the Committee on the Rights of Persons with Disabilities, to be used consecutive to an existing regular session.

A text on follow‑up to the International Year of Human Rights Learning, which was approved without a vote, would have the Assembly welcome the adoption by the Human Rights Council of the Declaration on Human Rights Education and Training, stressing the complementarity of human rights learning and the United Nations Declaration on Human Rights Education and Training.  It would also invite relevant treaty bodies to take human rights learning into account in their interaction with States parties.

A recorded vote was required to approve a draft resolution by which the Assembly would note the report of the Human Rights Council, its addendum and its recommendations.  While the representative of the United Republic of Tanzania, on behalf of the African Group, orally revised the text at the last minute, delegations diverged on the legitimacy of country‑specific actions by the Council, as well as the Committee’s authority to approve the Council’s recommendations and even note its report.

The text was ultimately approved by a vote of 95 in favour to 4 against (Belarus, Democratic Republic of the Congo, Democratic People’s Republic of Korea and Syria), with 60 abstentions.  Nevertheless, a number of the States that abstained or even voted in its favour voiced strong opposition to country‑specific resolutions, with some expressing concern about possible politicization of the Council.

Others said that the resolution ignored the agreement regarding that report’s consideration by the Assembly and the Committee, with the representative of Liechtenstein arguing that the recently concluded review of the Council’s working methods — which his delegation oversaw with Morocco — clearly stated that it was up to the plenary to note the report.

The draft resolution on the promotion of equitable geographical distribution in the membership of human rights treaty bodies was approved by a vote of 119 in favour to 52 against, with 2 abstentions ( Chile, Nigeria). 

The draft resolution on human rights and unilateral coercive measures was approved by a vote of 121 in favour to 52 against, with 1 abstention ( Democratic Republic of the Congo).  The draft resolution on globalization and its impact on the full enjoyment of all human rights was approved, as orally revised, by a vote of 125 in favour to 52 against, with no abstentions.

Other texts approved without a vote today addressed:  follow‑up to the Second World Assembly on Ageing; improvement of the situation of women in rural areas; the International Convention for the Protection of All Persons from Enforced Disappearance; effective promotion of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities; elimination of all forms of intolerance and of discrimination based on religion or belief; and protection of migrants.

Also today, Morocco’s representative introduced the draft resolution on the United Nations Declaration on Human Rights Education and Training.

The representatives of Belarus, Syria, Poland (on behalf of the European Union), Russian Federation, Iraq, Canada, Venezuela, Chile, Israel, Democratic Republic of the Congo, Pakistan, Cuba, Nicaragua, China, Switzerland (also on behalf of Norway), Costa Rica, Democratic People’s Republic of Korea, Colombia, Turkey, United Arab Emirates and Australia spoke during action

The Committee will reconvene at 3 p.m. Thursday, 17 November, to take action on a number of outstanding draft resolutions.