Reporting To The UN Committee On The Rights of The Child A Starter Pack For Country Programmes
Reporting To The UN Committee On The Rights of The Child A Starter Pack For Country Programmes
Reporting To The UN Committee On The Rights of The Child A Starter Pack For Country Programmes
Acknowledgements
This paper was prepared by Damon Barrett on behalf of the Child Rights Supporting
Strategy, headed by Jennifer Grant.
We would like to express our sincere gratitude to UNCRC Committee Members, Lucy
Smith (Norway) and Jean Zermatten (Switzerland) for their input into this paper and to
Maja Andrijsevic-Boko at the UNCRC Secretariat for her assistance in this regard.
We would also like to thank for their input, tips and suggestions Laura Theytaz Bergman
from the NGO Group for the Convention on the Rights of the Child, Carla Garnelas from
Childrens Rights Alliance England (CRAE), Clare Feinstein, Child Participation
Consultant and Peter Dixon, Child Rights Programming Consultant. From Save the
Children, we are most grateful to Louise King, Kevin Byrne, John Errington, Nayeem
Wahra, Bharti Mepani, Duncan Trotter, Louisa Gosling, Julia Sherwood, Marcia Hanson,
Gema Vicente, Selina Fairclough, Estefania Jover, Rachael Gibbons and Najia Ahmad.
Child Rights Supporting Strategy
This strategy represents the institutionalisation of a commitment by Save the Children
UK to working with external actors towards the enforcement of child rights worldwide. It
is concerned with the accountability of duty bearers, primarily governments, and is
focused on the enforcement of child rights worldwide through national, regional and
international mechanisms and structures and in providing spaces for children to advocate
for their own rights. It is imperative that we look at structures and mechanisms to
promote and protect child rights for all children at all times. If we can manage to
convince governments to recognise and then enforce child rights we may reduce general
levels of vulnerability and prevent children from falling into specialist categories of high
risk.
We will support country programmes to advocate for the creation of national child rights
mechanisms and structures in country such as childrens ombudsmen and/or Independent
Human Rights Institutions and work to reform legislation/constitutional provisions where
they are not in line with the UN Convention of Rights of the Child (UNCRC). We will
also support country programmes to use existing regional and international mechanisms
and structures to promote and protect childrens rights such as the African Charter on the
Rights and Welfare of the Child, the European Convention on Human Rights, the
European Social Charter, the Inter-American Convention on Human Rights, the Human
Rights Council and, of course, the UNCRC.
NGO Group for the Convention on the Rights of the Child
The NGO Group for the Convention on the Rights of the Child has been in existence
since 1983 when the drafting of the Convention began. It was then known as the Informal
Ad Hoc Group for the Convention on the Rights of the Child and was actively involved in
the drafting process. After the Convention came into force in 1990 the Group changed its
name to the present one and currently has a membership of more than 70 NGOs.
The NGO Group's mission is to facilitate the promotion, implementation and monitoring
of the Convention on the Rights of the Child. One of the significant areas of its work is to
enable national NGOs and coalitions to participate in the reporting process to the
Committee on the Rights of the Child. Contact details for the NGO Group may be found
on page 52.
The NGO Group for the CRC has produced A Guide for Non-Governmental
Organisations Reporting to the UN Committee on the Rights of the Child. The 3rd
Edition is on the CD(10) and was of great use in drafting this paper, particularly
relating to the format and procedures of the reporting process.
ii
iii
Foreword
The reporting process to the Committee on the Rights of the Child:
A tool deserving attention
The Committee on the Rights of the Child is the body established by the Convention on
the Rights of the Child. Its members are elected by States Parties to monitor progress
achieved by each State in the implementation of childrens rights (art. 43 UNCRC). In
other words, it is the monitoring body that, apart from hailing achieved progress, tries to
understand how States view their obligations towards children; what mechanisms they set
up to ensure respect without any discrimination for the core principles and of the
subjective rights enshrined in the UNCRC; what action plans they elaborate in national
policy; what resources they allocate to involved ministries and agencies; what promotion
and training they provide in the matter of childrens rights; to what extent their judiciary
or administrative bodies refer to the UNCRCIn short, the Committee is the body that
supervises the implementation of this exceptional, holistic, universal and ground-breaking
instrument, the Convention on the Rights of the Child.
However, as everyone knows, the control exercised by a Treaty Body remains a difficult
and delicate task, being based foremost on the State Party report submitted via the Office
of the High Commissioner for Human Rights. Although most reports are satisfactory, it
happens that reports are submitted with a delay, lack sufficient detail, or omit certain
issues set out in the reporting guidelines. Some State Party delegations dodge questions
from Committee members during the dialogue and in such cases, examination proves to
be problematic. Moreover, one must keep in mind that the State Party report is a selfassessment, with all the flaws inherent to this kind of information.
Consequently, the Committee on the Rights of the Child needs additional reliable,
objective and carefully processed information, if possible prepared in inter-institutional
dialogue. In this respect, the Committee on the Rights of the Child pays particular
attention to links established with the main agencies of the UN family, foremost UNICEF,
but also with numerous NGOs, be it at the international, regional or national level.
Information gathered through these sources is of primary importance and ensures that the
Committee gains a more realistic vision of the situation for children, rather than one based
solely on the State report. It guarantees also to reach relevant, precise and up to date
recommendations.
The reporting work to the Committee does not only serve the interests of the monitoring
body. In our view, it is of high value for the author, being for the State an opportunity to
take stock of its action, to define its achievements, failures and flaws. Moreover, it
represents a working tool for NGOs and NGO groups or national coalitions, since it gives
an indication as to what has been carried out, and what still remains to be done. It should
be used as a real basis for a plan of action.
Institutions and persons that have worked together in a reporting process are highly
privileged: they know precisely where childrens rights stand in a given country. This is
fundamental to give direction to any action, and to improve the situation for children in
the field. Save the Children is one of the organizations with which the Committee is
pleased to collaborate. This document was born from a desire to ensure more effective
engagement in the reporting process. The initiators of the project must therefore be
thanked for understanding that the reporting process of the Committee on the Rights of
the Child must not remain a neglected tool, but rather that tremendous benefit can be
found in it.
Jean Zermatten, Member of the Committee on the Rights of the Child
iv
Contents
Page
Acknowledgements
Acronyms and Abbreviations
Foreword by Jean Zermatten, UNCRC Committee Member
i
ii
iii
Part I: What Is It All About? The Convention, the Committee and the Reporting
Process
Save the Children and the UN Convention on the Rights of the Child
10
13
Part II: Why Should We Get Involved? The Importance and Benefits of
Engagement
The Importance of NGO/Civil Society Engagement in the Process
16
17
18
19
21
22
Part III: How Can We Engage? Advice and Suggestions for SCUK Programme
involvement in the Reporting Process
Strategic Context
24
25
27
29
30
v
The NGO Supplementary/Alternative Report
31
34
37
38
39
Child Participation
40
Advocacy
42
Coalition Working
45
49
Funding
50
52
Glossary of Terms
53
CD Contents
55
This Starter Pack follows on from Daniela Baros report. It is intended for country
programme staff and aims to provide an introduction to the periodic reporting process and
the importance of NGO and civil society involvement to illustrate the potential to lever
change using the reporting process as a basis for action. It aims further to give some
practical advice and suggestions on engagement in the reporting cycle.
It is not intended to provide a definitive formula for engagement. The advice and
suggestions given are drawn from the experiences of SCUK staff, the NGO Group for the
Convention on the Rights of the Child, the Committee on the Rights of the Child, and
other sources. Each country programme must formulate its own appropriate methods and
approaches based on their particular circumstances.
The pack is divided into three sections, each beginning with a detailed contents page:
What is it all about? Provides and introductory background to the Convention, the
Committee, the reporting process and the obligations of the state.
Why should we get involved? - Looks at the strengths and weaknesses of the process,
the importance of engagement for NGOs and Save the Children and the impact on child
rights
How can we engage? Looks at key objectives and activities, provides some advice
and suggestions for engagement at the various stages, as well as tips on child
participation, follow-up advocacy, NGO coalitions and funding.
2
Resources and References
Further reading and support in the form of documents, toolkits websites etc are identified
throughout using text boxes.
A CD is provided containing copies of all of the documents referred to along with other
useful resources. A table of contents for the CD may be found below at page 55
Note: When reference is made to the CD, a number in brackets refers to the
relevant CD folder where the relevant resource may be found.
Grade six students from Grogol School in the south of Yogyakarta, Indonesia,
which was destroyed by the 2006 earthquake
Country specific documents, training and ongoing technical assistance are available
from the Child Rights Supporting Strategy. For more information, please contact
Jennifer Grant, Child Rights Advocate, on +44 207 012 6777
[email protected]
Jean Chung
Over ten years later, in 1959, the UN adopted the 2nd Declaration on the Rights of the
Child. It contained ten articles and introduced a number of new concepts, such as the best
interests of the child, the right to play and recreation, the right to name and identity, and
the right to free and compulsory education.
1979 was the UNs International Year of the Child (IYC). In 1978 the Polish government
had submitted a draft convention on the rights of the child to the UN Commission on
Human Rights hoping to see it adopted during the IYC. In 1979 a working group was set
up by the Commission to consider the question of the UN Convention on the Rights of the
Child.
Once again, the Save the Children Alliance was involved in the drafting of a
revolutionary international document for children as a member of the Ad-Hoc NGO
Group for the Convention on the Rights of the Child. NGOs had a significant impact on
the Convention, with at least 13 substantive articles being a direct result of their input,
including Art 39 on the rehabilitation and reintegration of child victims of exploitation,
and Art 24 on the health implications of harmful traditional practices.
The UN Convention on the Rights of the Child was adopted unanimously by the UN
General Assembly in 1989. It is the most comprehensive and most ratified of all human
rights treaties and now forms the basis of Save the Childrens work worldwide.
Extracts from Save the Children Alliance UNCRC
Training Kit
The UNCRC took ten years to draft. Save the Children played a significant role in the
drafting process
193 countries have now ratified (or acceded to) the UNCRC, leaving the United
States and Somalia as the only exceptions. No other human rights treaty has received
this level of ratification.
The UNCRC represents a significant departure from the traditional view of the child
in international law. Children are seen not as mere recipients of welfare, but as rights
bearers and as having a vital role in the promotion and protection of their own rights
The UNCRC has two Optional Protocols both adopted by the General Assembly on
25th May 2000.
o Optional Protocol on the Sale of Children, Child Prostitution and Child
Pornography (OPSC)
o Optional Protocol on the Involvement of Children in Armed Conflict (OPAC)
o The Optional Protocols add to the CRC and strengthen the rights of the child
in their specific areas
o As of 1st January 2007 each Optional Protocol had 110 States Parties
6
The General Principles
Underpinning the UNCRC are the four mutually reinforcing General Principles
identified by the Committee on the Rights of the Child. These principles provide a
framework for the interpretation and implementation of all of the rights contained within
the UNCRC and should be reflected in all relevant policy and practice.
Non-discrimination (art. 2)
Addressing discrimination requires changes in legislation, resource allocation and
education to change attitudes. This obligation requires the application of all of the
rights in the Convention to all children at all times. However, States must also actively
identify individual children and groups of children who may require special measures
for the full implementation of their rights. For example, girls, children with disabilities
or children form minority or indigenous groups being excluded from education.
The best interests of the child (art.3.1)
The best interests of the child must be a primary consideration in all actions
concerning children. Public or private social welfare institutions, courts of law,
administrative bodies or legislative authorities are required to apply the best interests
principle by considering how childrens rights and interests will be affected by their
actions, including those actions that indirectly affect them.
The right to life, survival and development (art. 6)
In its Concluding Observations the Committee tends to focus on the right to life when
it deals with Art. 6 so, for example, it raised concerns in relation to extra judicial
killings in Colombia in 2006, and landmines in Kyrgyzstan in 2004. However, the
Committee has also made clear that States must interpret development in its
broadest sense to take into account the physical, psychological, emotional, social and
spiritual development of the child. For example, the right to play (art. 31), to an
adequate standard of living (art. 27) and the right to know and be cared for by ones
parents (art. 7.1) are all essential to the right to life, survival and development.
The right to be heard (art.12)
Childrens opinions must be sought in matters that affect them and their views must
be given due weight. This right requires consistent and ongoing arrangements for
meaningful and effective child participation in the implementation of the rights
guaranteed in the Convention. Children must have their views taken into account, for
example, in judicial proceedings, custody hearings, in school etc. They should also be
consulted in relation to proposed policies and legislation that affects them.
Non-Discrimination
Right to Life,
Survival and
Development
Right to Be
Heard
Best
Interests
7
The Evolving Capacities of the Child
Art 43 of the UNCRC sets out the process established under the
Convention to assess the implementation of the UNCRC. This is the
periodic reporting process. It is the main chance to involve all of these stakeholders in a
constructive and co-operative dialogue to improve the situation for children in each
country. In order to manage this process and make recommendations, the Committee on
the Rights of the Child was established under Art 43.1.
o
o
o
Copies of the Convention and the Optional Protocols, lists of ratifying States
and details of reservations are available on the CD (5) and online at:
UNCRC http://www.unhchr.ch/html/menu3/b/k2crc.htm
OPSC
http://www.ohchr.org/english/law/crc-sale.htm
OPAC
http://www.ohchr.org/english/law/crc-conflict.htm
The Convention is available in 50 languages online at:
http://www.unicef.org/magic/briefing/uncorc.html
A child friendly version is on the CD (5) and online at:
http://www.rcmp-grc.gc.ca/pdfs/NCD-poster_e.pdf
Further reading on General Principles and Evolving Capacities are on the
CD(1). See in particular Child Rights Programming: A Handbook for Save
the Children Alliance Members pp 27-33
Composition
The Committee on the Rights of the Child was established in 1990 as required by art.
43.1 of the Convention and is the body responsible for monitoring state obligations.
It sits in Geneva for three sessions of three weeks every year. Sessions are held in
January, May/June and September/October
Committee members are elected by States Parties for four-year terms. They must be
of high moral standing and recognised competence in the field covered by the
Convention (art. 43.2)
The diagram on the next page shows where the Committee sits in relation to the UN
system
It also plays a significant role in developing our understanding of the content of the
rights contained within the UNCRC through Days of General Discussion, (yearly
public meetings to discuss specific rights), and General Comments, (official
statements clarifying the content of certain articles)
The working methods of the Committee are covered in more detail below.
See also the Committees own working methods document on the CD (4)
and at
http://www.ohchr.org/english/bodies/crc/workingmethods.htm
o
o
Secretariat
OHCHR
Secretary General
Security
Council
General Assembly
Conventions
ECOSOC
Treaty Bodies
UDHR
ICESCR
ICCPR
OP1 OP2
ICERD
CEDAW
OP
SRSG
Children
Affected by
Armed
Conflict
1503 Complaints
Mechanism
Universal Periodic
Review (UPR)
SC Res
1612
Country and
Thematic Special
Rapporteurs
Special Committee on
Israeli Practices in the
Occupied Territories
Working Groups
CAT
OPCAT
UNCRC
OPAC
OPSC
ICPMW
Committee on Migrant
Workers
Working
Group on
Children
in Armed
Conflict
Sub Commission
on the Promotion
and Protection of
Human Rights
Studies by Special
Rapporteurs
Working Groups
The UN Convention on the Rights of Persons with Disabilities was adopted on 13th December 2006 and the International Convention for the Protection of All
th
Persons from Enforced Disappearance was adopted on 6 February 2007. They each require 20 ratifications to enter into force
10
The initial report is due 2 years after the UNCRC enters into force in the country (this
occurs 30 days after ratification). Thereafter, periodic reports are due every 5 years. Upon
receipt, the Committee will set a date for consideration of the state report at the next
available session. If the state does not submit on time, the Committee will send a
reminder.
The state report should provide the Committee with a comprehensive review of the child
rights situation in the country, covering legislative, administrative, judicial and any other
measures undertaken to implement the Convention, backed up with detailed
disaggregated data. States must also report on how they have responded to the
Committees recommendations from the previous reporting session.
State reports should be no longer than 120 pages and divided into 8 thematic clusters of
rights as required by the Committees Reporting Guidelines.
I. General Measures of Implementation {Arts 4, 42, 44.6}
II. Definition of the Child {Art 1}
III. General Principles {Arts 2, 3, 6, 12}
IV. Civil Rights and Freedoms {Arts 7, 8, 13, 14, 15, 16, 17, 19, 37(a)}
V. Family Environment and Alternative Care {Arts 5, 9, 10, 11, 18, 20, 21, 25,
27.4, 39}
VI. Basic Health and Welfare {Arts 18, 23, 24, 26, 27}
VII. Education, leisure and Cultural Activities {Arts 28, 29, 31}
VIII. Special Protection Measures {Arts 22, 30, 32, 33, 34, 35, 37, 38, 39, 40}
Within each of these clusters the following information must be provided:
Follow-Up
The first paragraph in each cluster should detail measures undertaken with regard
to the Committees previous Concluding Observations.
Comprehensive National Programmes Monitoring
Subsequent paragraphs should provide sufficient information to provide the
Committee with a full understanding of the implementation of the Convention in
the country as well as the mechanisms established to monitor progress.
Allocation of Budgetary and Other Resources
States must provide information on the amount and percentage of the national
budget and other resources devoted annually to children.
Statistical Data
Disaggregated by gender, disability, geographical area, age etc. indicating trends
and highlighting groups requiring special attention
Factors and Difficulties
The last paragraph in each cluster should describe any factors and difficulties
affecting the fulfilment of the states obligations as well as information on targets
set for the future.
o A chart containing a summary of the UNCRCs provisions arranged according to
the eight clusters is on the CD (5)
o For full details of the content of State Reports, see the Committees reporting
guidelines and examples of previous state reports on the CD (4) and (7)
11
This cluster format is adhered to throughout the reporting process. This method avoids
undue repetition (few policies or laws will address only one specific right, but may well
come under these broader headings). More importantly, it allows for continuity
throughout the process and easier analysis of all of the relevant submissions and
meetings. State and NGO reports, the Pre-Sessional Working Group and Plenary Session
meetings, Lists of Issues and Written Replies and the Committees Concluding
Observations all follow the same thematic format.
Following submission, the report is edited, translated into the three working languages of
the Committee, distributed to specialised agencies and made available to NGOs.
2. NGO Supplementary/Alternative Reports
The UNCRC specifically allows for reports from other competent bodies, including
NGOs and childrens groups, to gain a more detailed understanding of child rights in the
country. These reports help to fill in the gaps in the State Report and clarify misleading or
incorrect information. They also provide other perspectives which may assist the
Committee in understanding the climate of rights enjoyment, both resistances and
obstacles, and also forces for change.
The NGO report is an opportunity to include childrens voices in the reporting process
(this should also be achieved through the state report) a stimulus to create of NGO
coalitions (NGOCs), to engage with processes of change, and, if necessary, to raise
concerns and make recommendations at the international level.
Supplementary/Alternative Reports should be submitted within 6 months of the state
report and three months prior to the Pre-Session to ensure they are taken into account,
translated etc.
3. The Pre-Sessional Working Group (The Pre-Session)
The Pre-Sessional Working Group is a private meeting between the Committee, NGOs
and other international organisations. It takes place around 4 months prior to the Session
with the Government to discuss the State Report and the alternative reports. The PreSession is a chance for NGOs/NGOCs and children, in person and in a safe forum, to
highlight the main areas of concern, give their opinions of the State Report and add any
information since the submission of their alternative reports.
Only NGOs that have submitted written information will be invited to attend. Meetings
are confidential and no summary records are produced. All parties should therefore be
able to speak freely.
4. List of Issues
The Pre-Session enables the Committee to identify a List of Issues which identifies
further information required from the Government. This frequently focuses on the need
for disaggregated data on violations of rights, and lists the key areas of concern that the
Committee will address at the Plenary Session (see below). It therefore allows the
Government to prepare for the questions that may be asked.
5. Written Replies
As implied by its name, this document contains the written answers to the List of Issues
and must be submitted at least 1 month prior to the Plenary Session. NGOs may feed into
the Written Replies or they may submit their own supplementary information.
Information from the State and NGO reports, the Pre-Session and the Written Replies will
frame the discussion between the Committee and the Government.
12
6. The Plenary Session
This is the main meeting between the Government and the Committee that takes place
over a full day (two 3-hour sessions). The Committee will ask a series of questions in the
same thematic format as the State Report and the Government will be given the
opportunity to respond. Although this meeting is public, NGOs may only attend as
observers they may not make representations.
7. Concluding Observations
This is the outcome document of the reporting process. Following again the thematic
structure of the state report, the Committee first highlights positive aspects, then goes on
to outline its concerns and its recommendations. The final paragraph of the Concluding
Observations sets the date for the next periodic report.
Important: The Concluding Observations end the session, not the process. The
Concluding Observations should set an Agenda for Action over the coming five
years until the next report is due. NGOs have an important role to play in
ensuring the recommendations are advocated for and implemented.
Monitoring State
Obligations
The state is the primary duty bearer
for the implementation of rights
contained in the UNCRC.
The only international mechanism
to monitor the states obligations is
the reporting process to the
Committee on the Rights of the
Child
To
Ensure
Progressive
Implementation of the
UNCRC
Each reporting session should not be
seen in isolation or as a one off
event. Rather, it is a cycle that
should set realistic agendas to affect
change for children and build upon
the previous reporting sessions
Constructive Dialogue
Through
13
Government Ratifies
Convention on the Rights of the
Child
Concluding
Observations form
agenda for action.
Ongoing advocacy
by NGOs/NGOCs
State Report
submitted 2 years
after ratification and
then periodically
every 5 years
Within 6
months
Alternative
Report(s)
Submitted by
NGOs/NGOCs
At least 3
months
Pre-Sessional
Working Group
considers report
and submissions
from other
competent bodies
Concluding
Observations
Issued by the
Committee
Plenary Session
State Report,
Written Replies and
other information
discussed with
Government
delegation
At least
1 month
Written Replies
sent to the
Committee
List of Issues
sent to the
Government
14
Leticia Valverdes
Young people look through Save the Children publications at a Save the
Children project, Projeto Peixearte, which trains young people to monitor and
influence how local governments funds are allocated and spent.
Copies of the Committees guidelines for initial and periodic reports are
available on the CD (4) and also online at:
Initial
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CRC.C.5.En?Opendocument
Periodic
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CRC.C.58.Rev.1.En?Opendocument
Note: The reporting process for OPAC and OPSC is slightly different that
that of the main treaty, which is the focus of this Starter Pack. Following an
initial report, information on the relevant Optional Protocol should thereafter
form a part of the main report every five years. Unlike the UNCRCs near
universal ratification, the Optional Protocols currently have 110 States
Parties each (as of 1st January 2007). Only those states that have ratified the
Optional Protocols are subject to their reporting procedures. Guidelines for
states reporting under OPAC and OPSC are available on the CD (4) and at
OPAC
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CRC.OP.AC.1.En?Opendocument
OPSC
http://www.ohchr.org/english/bodies/crc/docs/CRC.C.OPSC.2.pdf
15
Tom Pietrasik
If
16
CRIN and the NGO Group for the UNCRC have produced a paper on The
Use of Concluding Observations for Monitoring the Implementation of the
CRC. A copy is on the CD (10) and online at
http://www.crin.org/docs/resources/publications/ngocrc/CRINNGOCRC_WP2_en.pdf
17
Programming
Reporting requires a detailed child rights
situational analysis
It offers the chance for Save the Children
to measure its own contribution to child
rights
It involves aspects of all three pillars of
child rights programming (see diagram
below pg 18)
It addresses the five dimensions of change
(see diagram below pg 21)
Our programmes have benefited from
reporting in the past (See A Tool for
Change pg 30)
Concluding Observations help set an
agenda for action in the coming years
Advocacy
The reporting process provides a framework
and timeline for long term advocacy,
addressing systemic changes for children
It provides an opportunity for local, national
and international advocacy
The reporting process serves as a legitimate
means to challenge government
performance on childrens rights and to
identify ways to work with government to
achieve change
It helps with access to those in positions to
affect change eg the departments
responsible for the State Report
It helps raise fundamental issues over and
above those that are theme-specific
18
1. Practical Actions on
Gaps and Violations of
Rights
2. Strengthening
Structures and
Mechanisms
Identifying weaknesses in
mechanisms and structures
is one of the primary aims of
the reporting process (see
again, General Measures of
Implementation)
3. Building
Constituencies
NGO coalitions are a key
element of the reporting
process, creating national
platforms for child rights
Reporting allows for wide
consultations and develops
a broad constituency of
support
Throughout the process,
publicity and wide
dissemination of the
relevant documents
promotes ownership by
civil society and raises
awareness of child rights in
local communities.
Concluding Observations
can form an agenda for
action for civil society to
mobilise behind.
The media is specifically
mentioned in the UNCRC
as having an important role
in building support for
childrens rights in society.
19
The UNICEF Innocenti Research Centre recently undertook a three-year study of the
impact of the UNCRC. It focused on the General Measures of Implementation of 62
countries that had reported to the Committee at least twice over a 15 year period.
The General Measures of Implementation are eight systems related measures identified by
the Committee that must be undertaken by States to fulfil their obligations under the
UNCRC. They represent structures, systems and initiatives that are extremely important
for the full implementation of the UNCRC. The Committee looks for these specifically
during the reporting process (see the first cluster above pg 10)
The General Measures may be summarised as follows:
20
Two initial summary reports from the UNICEF study have been released with full results
forthcoming once all of the information has been analysed thoroughly. The summary
report reveals a broad process of social change for children, across many of the General
Measures, through ratification of the UNCRC and involvement in the reporting process.
The study also identified the many challenges that lie ahead.
Law Reform
The role of the UNCRC is most evident in law reform. In at least 50 of the countries
studied the Convention has been incorporated to various degrees into the national
legal framework by legislative reform, including constitutional amendment.
Incorporation into the national legal system is almost universal in the Eastern
European and Latin American Countries studied. Many important advances for
children and families have been achieved because of these reforms. In Belarus and
the Czech Republic, for example, Constitutional Courts found parts of the family
codes invalid as they were incompatible with the UNCRC. In some countries
comprehensive codes on children have been developed, for example, the
Childhood and Adolescence Code adopted by Paraguay in 2001 and the Romanian
Law on the Protection and Promotion of the Rights of the Child.
National Independent Human Rights Institutions for Children
The establishment of national independent human rights institutions for children has
accelerated since the entry into force of the CRC. The first model for a childrens
ombudsman was developed by Radda Barnen (SC Sweden) in 1979. Until the
adoption of the UNCRC, however, only 2 such offices existed. Today there are over
60 in around 38 countries worldwide. These institutions act as a voice for children
and as champions for the realisation of childrens rights.
National Co-ordinating Mechanisms
Many countries have developed new bodies or mechanisms for children near the
very heart of government. These have been in the form of childrens units in the
president/prime ministers office; dept.s for children; national councils; national coordinating committees etc. Their aim is to make children visible in government
action; to ensure co-ordination of relevant activities; to monitor progress and to
promote and comprehensive and integrated agenda for the realisation of childrens
rights. Examples include National Council for Children in Ecuador and the National
Council for the Rights of the Child in Timor-Leste.
Awareness Raising and Education
All of the countries reviewed had undertaken activities to promote awareness of the
CRC through education and capacity building of professional groups and through
campaigns on public health issues such as HIV/AIDS.
Child Participation
Both thinking and practice with respect to child participation have evolved
considerably since the entry into force of the UNCRC. The study highlights this
evolution, with particular reference to NGOs. The Save the Children Alliance is
mentioned as a leader in this field.
The main challenges identified in the study include the need for
o Greater resource allocation
o Agreed indicators
o Better co-ordination between ministries
o The General Principles to underpin National Plans of Action
o
Two initial UNICEF reports have been released, both relatively brief (c. 30
pages). They are on the CD (6). A full report is forthcoming.
For more on the benefits for children see A Tool for Change pp 21 28,
with examples from 8 country programmes. CD (10)
21
Changes in Childrens
Participation and Active
Citizenship
22
Our work in Lesotho involved bringing together a fairly weak civil society
sector and developing and supporting an NGO Coalition to respond to the
government report to the CRC. I found that working within this model had
a number of advantages for children, for local civil society and for Save
the Children.
23
Felicia Webb
24
Strategic Context
It is important for any programme to periodically review systems and processes of change
as a part of the process of developing a child rights situational analysis. The analysis
should consider both the capacity and motivation of government and of aspects of civil
society, the NGO community, media, religion, academia and the business sector. On the
basis of this analysis the programme should consider the strategic importance of
engagement in the reporting process.
The process cannot be easily absorbed into tight schedules, budgets and work plans if
seen as a one off or ad hoc event. It requires planning, resources and ongoing
commitment, especially in relation to child participation, coalitions and advocacy. It
should complement programmatic work if planned properly.
A number of important questions need to be asked when deciding if and how to engage in
the reporting process.
Should we engage as a matter of principle? i.e. as a child rights-based organisation.
What is the value of involvement in the process? What value is added through
engagement in the process, aside from the actual implementation by the State of the
UNCRC i.e. building coalitions, raising awareness, child participation etc. Consider the
bigger picture beyond just the report and attending the Pre-Session.
What is the potential impact for children? Consider whether the Government is
willing to engage effectively and implement the Concluding Observations. Assess the
capacity of local NGOs/coalitions to press for change.
What are the risks involved? Carry out risk assessments. Involvement in the reporting
process presents numerous risks that need to be assessed, from speaking out against
governments to child protection. Are the negative consequences of getting involved in the
process? Is there potential for undermining local civil society?
These risks are inevitable but may be mitigated if considered well in advance and the
method of engagement tailored accordingly.
Is there enough time? Start early! Ensure that engagement is well planned, from
preparations for child participation and the alternative report, to advocacy and
monitoring.
Is it affordable? Consider funding capabilities when planning activities What funding
opportunities are available? (see further below pp 50 & 51) Are there any Alliance
partners we could work with? What is the financial capacity of local partners?
How can it fit in with the current TPP/programmatic work? Can involvement in
reporting be integrated into strategic planning and operational plans link to CRP and
GIM
What is Save the Childrens role and responsibility in the country? This factor
relates mainly to how Save the Children should engage and raises a number of questions.
What is the capacity of other NGOs/agencies to engage effectively? Should we take a
leading role? What responsibility do we have when there are no other agencies capable of
reporting? Does Save the Children have close relationships with Government and local
communities that would improve the process and its impact? Is Save the Children best
placed to facilitate child participation? Etc.
25
Strengths
The reporting process provides a
means to build a wide constituency
of support at national level and
creates national platforms for child
rights
It highlights, in an international
forum, the situation of child rights in
the State Party it therefore carries
significant political and moral
weight
Weaknesses
The reporting process is not aimed at
addressing violations of individual
childrens rights. Immediate threats
cannot be addressed. (Other UN
Conventions do allow for this,
however)
26
Addressing Weaknesses
As mentioned briefly above the active involvement of civil society and NGOs can help to
strengthen the reporting process by addressing some of the perceived weaknesses in the
system.
27
28
Support and provide space for children to interact with the monitoring
process, for example to provide forums to facilitate interaction between adult
civil society and childrens groups
Involve children directly in UNCRC reporting including meeting Committee
members if appropriate and if possible
Indicators of success
Action plans for the promotion of child participation produced
Increased childrens groups and networks
Childrens views and experiences taken into account (through child led
research,
consultations
etc.)
in
the
governments
report,
supplementary/alternative reports and the Committees Concluding
Observations
Objective: Increasing engagement between Government and civil society in
monitoring, reporting and implementing national commitments in accordance
with its UNCRC obligations
Activities
29
Programmes at
District/Province Level
Supporting capacity building
local NGOs/civil society on
research and advocacy
Supporting and developing
childrens groups
Information from programmes
feeds into the alternative report
and ongoing monitoring
Consultations and focus
groups with local
communicates/children
Clear
Objectives
and Target
Groups
International Advocacy
Production of alternative report
and submission to UN
Committee
Attendance at Pre-Session
Side events and informal
meetings with Committee
National Advocacy
Awareness-raising
activities aimed at
govt. departments
Workshops and
training with key govt.
actors
Engagement with
relevant departments
during process and
with delegation around
plenary session
Impact
for
Children
Use of Concluding
Observations for
ongoing advocacy
Children directly
involved in advocacy
30
The reporting status of each state may be accessed at the UN Treaty Body
Database http://www.unhchr.ch/tbs/doc.nsf (click reporting status in the left
hand menu, then click on the CRC and select the relevant country from the list)
31
32
Other Tips & Suggestions
Share the workload among coalition partners
Adopt a rights-based approach. Connect issues to relevant UNCRC articles
Refer to other relevant human rights standards, if appropriate, such as ILO
Convention 182 on the worst forms of child labour. The Committee will
encourage adherence to or ratification of these instruments. See Annex I to
General Comment No. 5 on the CD(4)
Address issues not previously dealt with in previous sessions with the State - the
Committee is interested in the most up to date information
Refer to as wide a range of sources as possible legislation, statistics, NGO,
UNICEF and Government reports, consultations with children etc.
Supplement the report with previous specific studies the NGO has undertaken
these may also be submitted to the Committee.
Dont wait for the state report. Begin the preparation for and compilation of the
NGO report in plenty of time for the due date of the state report.
Be concise, relevant and objective in the information provided.
Liaise with the Childrens Ombudsman/Commissioner or the National Human
Rights Institution if there is one
2. Section-by-section analysis of the State Party report
Once the State Report has been produced it should be made available by the government.
If not, a copy may be obtained from the CRC secretariat in Geneva (contact details below,
page 52). The report should be used to fill in the gaps in the State Report and to clarify
misleading material or any errors.
Research & Analysis
Analyse the State report for gaps, errors or misleading information
Compare to the child rights situational analysis undertaken by Save the
Children/local NGOs etc
Compare to the earlier State Report and Concluding Observations (if any) to track
trends between reports
Other Tips & Suggestions
Read the Committees reporting guidelines. In order to fully assess the state report
it is important to know what the Committee is asking for.
Dont finalise the NGO report until the state report has been assessed
Avoid personal opinions and insulting or overly political language.
Point to legislation, statistics and other factual information to supplement, support
or contradict the states comments
Refer to other commitments made by the government, eg, the Millennium
Development Goals, A World Fit for Children etc.
Build on your experience over time. Incorporate the Concluding Observations
into annual reviews and impact assessments this information will be extremely
valuable in feeding into future reports.
The State Report should be a broad and consultative process - provide the
Committee with an overview of how the state report was prepared:
o Did the Government consult with NGOs in the preparation of the report?
o Did children participate in the preparation of the report?
o If so, is the report reflective of their concerns and those of NGOs?
o Was the report made widely available in the country?
Make compiling the report as inclusive, dramatic and fun as
possible
The activities during and around the report's production are as important as
the report itself - Hold events at key stages in the process. Take advantage
of the opportunity to promote ownership of the process among civil society
stakeholders. Involve children throughout!
33
Children and Young Peoples Submissions to the Committee
Between 1998 and 2004 around 16 reports representing statements directly from
children and young people were submitted to the Committee on the Rights of the
Child. Prior to this, reporting of childrens views to the Committee was more indirect,
with their comments filtered through adults perspectives or not represented at all.
Broadly, the reports fit into 3 categories:
o The results of surveys carried out with children and young people
o Childrens direct and unedited comments with NGO commentary
o Reports compiled and edited by young people
Dr. Wiebina Heesterman has conducted an
analysis of the impact of children and young
peoples views and recommendations on the
Concluding Observations of the Committee.
Her analysis shows that whilst some of the
childrens concerns have been directly
influential, others have been missed entirely.
For example, all of the young peoples reports
stressed the importance of the right to play,
but play was never dealt with by the
Committee beyond references to the
therapeutic elements of recreation.
On the other hand, young people from the UK requested information to support gay
and transgender young people, which was not raised by the State Report or other
NGO reports, but taken on board by the Committee in its recommendations.
The Committee, therefore, has not always been consistent in taking children and
young peoples views and recommendations into account. There is clearly room for
improvement. Childrens views are essential to the reporting process and judging by
childrens submissions to date, they also display a high level of competence. NGOs
have an important role to play in ensuring that childrens views continue to be brought
to the Committees attention and given their due weight. SCUK is well placed to lead in
this work.
An Assessment of the Impact of Youth Submissions to the UN Committee on
the Rights of the Child by Dr. Heesterman is available on the CD (7)
Samples of the three types of children and young peoples submissions referred
to in the report are also on the CD (7)
34
Preparation
Select the NGO/NGOC delegation - The NGO Group for the CRC recommends
that, in order to answer the broad questions asked by the Committee, an
NGO/NGOC delegation should ideally comprise, at least, a lawyer, a specialist in
one of the key areas of concern and someone with a comprehensive understanding
of the implementation of the UNCRC in the country
Identify issues and questions to be raised with the Government at the Plenary
Session
Ensure the childrens delegation, if any, is fully briefed and involved in
preparations - contact the child participation adviser for assistance
Arrange a private meeting with Committee Members the Committee prefers this
and children have reported that such meetings were the most beneficial part for
them. (See Child Participation below)
Attend an earlier pre-session before your own to see how the system works
Before the Pre-Session
Meet with government officials to discuss the issues you intend to raise. ie keep
up the dialogue!
Involve children in the build-up. Children from Lesotho, for example, took the
issues straight to Parliament (See Case Study 1, page 22)
Use the media, eg, radio broadcasts, to publicise the session and the NGO
alternative report Contact the NGO Group for advice on attending the pre-session
At the Pre-Session
Bring copies of any research, statistics etc. referred to in your presentation
Speak clearly and slowly to allow the interpreters to translate
Allocate responses to Committee questions by theme and to those delegation
members with the most expertise in those areas
Choose key issues to discuss be concise and objective
35
After the Pre-Session
Contribute to the Written Replies or submit further information separately
Provide feedback to the Committee they are always interested in ways to
improve their working methods
Hold a debriefing for children some children have been unsure or unconvinced
about the benefit of their involvement in the process or their meeting with
Committee members. It is essential to explain what happens next.
Raise awareness of the upcoming Plenary Session if possible, make
arrangements to attend
Make recommendations
The Committee specifically encourages recommendations from NGOs with the
relevant in-country expertise. It is an opportunity to influence the Concluding
Observations of the Committee. See for example the Norway NGO Group
report 1994 CD(7)
UNECE
36
Ensure that the children are well briefed, that they understand the issues and the
aims and outcomes reporting process
Consider the age/capabilities of the children on your delegation. Younger
children, for example, have been known to fall asleep a the pre-session!
Manage expectations some children have been unsure or unconvinced of the
benefit of their involvement in the process. Make sure the process is properly
understood and that the children and young people know this is the beginning of
lots of advocacy work afterwards!
Ensure that childrens own views are presented, not simply NGO concerns
coming from childrens mouths
Include children who have taken part in the preparation of the NGO report
The childrens delegation should be representative of the broad range of children
in the country
Include children in the election of the child delegation For example, in 2007,
Child Rights Alliance England (CRAE) is running a Get Ready for Geneva
competition to decide which children go
Ensure adequate translation is available, including into child friendly language
Brief the Committee on avoiding jargon, acronyms and overly complicated
language
Following the UKs last report, children and young people from England said that
their separate meeting with Committee Members was the most rewarding part of the
experience.
Arrange for the Committees Country Rapporteur to meet children and young
people in their own environment prior to the Pre-Session
Lucy Smith was the Rapporteur for Ireland in 2006. She explains I was invited to
Ireland by the Children's Ombudsman before the pre-session together with another
member of the Committee. The Ombudsman arranged meetings with different groups
of children, and this was very useful, as was the whole visit. We also had meetings
with NGOs, UNICEF and other organisations. As long as it is not the Government
that invites, the Committee is very positive to such visits, but we get no funding for
this from the UN, so it will have to be an invitation from the Ombudsman, UNICEF or
NGOs.
For some experiences of children in the reporting process see A Tool for
Change pp 38 and 39, CD (10). people at this event
37
38
12
5 years
Keep track of progress in the compilation of the State Report. Will the
report be on time? Find out when the State expects the report to be
submitted.
Anticipate the pre-session date. eg, if the State Report is submitted in
August, pre-session will not likely take place in September/October, but it
may be in January.
Contact the NGO Group for the Committee on the Rights of the Child to find out
the current rate of turnover and for advice on when the pre-session might take place
Be prepared for an early pre-session. Have the alternative report and any oral
submissions drafted, awaiting only the analysis of the State Report.
Start preparations early for work with children and young people in genuine and
respectful ways to support their participation.
39
We went into partnership with CRAE (Childrens Rights Alliance England) to complete the
work. Save the Children did the fieldwork involving 50 groups, which included 500 children
and young people. The majority were in community projects etc. to gain excluded groups
views and the rest were a cross section of schools. We provided three sessions to each group
where possible. The first was on childrens rights and the UNCRC. The second was a focus
group with a very open agenda to pick up their issues and concerns, and the third was a
feedback session where they saw the report and were told what would happen next. This
process worked well. Many of the groups were quite inspired after the first session and
started, for example, to do their own consultations with peers to get more ideas for the focus
groups. When all the reports came in they were analysed by our lead worker along with CRAE
who we asked to provide an independent element in the process. This proved to be very
useful to ensure objectivity, as we would have been vulnerable to claims that we were just
pushing our agency agenda otherwise.
We identified the main issues from the consultation as listening to children, lowering the
voting age, tackling racism and discrimination, promoting the UNCRC, conditions in childrens
homes, rethinking benefits for young people, protection for refugees, teacher training and
selection, violence against children, promotion of healthy lifestyles, and community safety and
bullying. 50 children from the groups were invited to a seminar in Westminster where they
worked on these issues in much more depth, made recommendations and were addressed by
the Speaker and an Education Minister.
Framing the final recommendations was difficult and we again relied on CRAE to formulate
that section and check the quality of the evidence. It was finally presented to John Hutton MP
by a group of children and young people. He looked terrified but responded well to their
issues.
Due to the Committees backlog at the time, two reports were submitted by the Government,
the second being an update. The children and young peoples consultation was not
mentioned in either. In the end we sent the consultation report to the Committee directly. In
the lead up to the Geneva hearing we invited the Chair of the Committee to visit London to
meet a children's group. This was really successful. He was met at the airport by two very
young children who took him to their home area in London, walked around with him illustrating
their views by showing him the conditions and asking him to take pictures with a camera they
gave him. In the afternoon he went to a conference centre where children from a wide range
of backgrounds ran a mock trial of Tony Blair to highlight violations of childrens rights. The
only adults present were called as witnesses by the children who ran the whole event with
considerable humour!
The Chair of the Committee was very impressed and reserved private time for the children at
the subsequent NGO session in Geneva with the Committee. He said that this had been the
first such event in the world and that he would like to see it followed in other countries. It was
evident that some of the Concluding Observations were based on input from this session.
We also took a group of children and young people to Geneva and helped them
to present their evidence. This was a positive experience too although very rushed.
40
Child Participation
Child participation is a core element of Save the Childrens involvement in the reporting
process. Participation can mean a range of things: to take part, to be involved in, to
influence, to contribute, to share. However, for the purpose of this document child
participation is defined as the childs fundamental right to influence processes, decisions
and matters affecting his or her life. Child participation is not only a matter of moral
obligation but is also a legal right and a General Principle of the UNCRC.
41
When involving children and young people in advocacy initiatives dont
Involve the children and young people as tokens
Speak on behalf of the children and young people without their consent
Try and change or influence their contributions
When involving children and young people in advocacy initiatives do
Get a commitment by everyone involved children and adults to respect each
others views and to work together for a positive outcome
Recognise the stage of development and maturity of the children involved and use of
methods and approaches that respect and build upon that recognition
Be sensitive and responsive to the context in which children live
Be able to provide meeting places and facilitate activities and events aimed at
encouraging childrens involvement
Know when and how to intervene to support the process while at the same time
encouraging childrens growth and development
Allow the necessary time for children to work together and come up with their own
opinions
Advise children of the reasons for participation and the possible consequences of
different alternatives, thereby offering them the possibility not to participate (which is
as important as the right to take part)
Ensure access to relevant information prepared in a child-friendly way
Be prepared to listen to
childrens priorities
o Be clear about what you are
trying to achieve
o Be clear about the boundaries
of the proposed initiative
o Do the necessary research
o Be willing to consult with
children on methods of
involving them
o Remember that children are
not a homogenous group
o Be prepared to make the
necessary time and resources
available
o Remember the importance of
working with adults as well as
children
o Be prepared to be challenged
o
Anna Kari
42
Advocacy
Advocacy is a key NGO contribution throughout the reporting process. It is vital that a
clear advocacy strategy is implemented which incorporates this process. That means
being clear about what policies and actions need to be changed; who is in a position to
make the changes; and how to influence those decision makers.
43
How can we influence those in power?
Focus on key issues throughout the entire reporting process
The reporting process is the opportunity for levering change open to civil society and
Government. It involves national and international advocacy, awareness raising on a
local and national level, capacity building, coalition building and child participation. All
of these factors lend significant weight to Save the Childrens advocacy for significant
changes for children.
Involve the media (It is relatively cost free but can be very effective!)
Ensure that your media strategy is well planned
the mediaare highly
Mobilise and work together with childrens media
initiatives
important in the efforts to
Identify which media outlets will reach target audiences
make reality the
Prepare a contact list of journalists
principles and standards
Have expert speakers ready on key issues
of the Conventionthe
Prepare messages for public dissemination
media could also play a
When preparing press releases, remember that it must
pivotal role in monitoring
be news What reason does the publication have to
cover the issue?
the actual implementation
Include punchy quotes and avoid using jargon
of the rights of the child
Be creative! Consider new and attention grabbing ways
to get the message across. For example:
Committee on the Rights of
o Invite journalists to events involving children,
the Child
such as the mock trial of Tony Blair held by the
England Programme and CRAE (Case study 2)
o Collect quotes from children based on their experiences
o Write an open letter to the Government
Other Tips and Suggestions
Plan the advocacy strategy well in advance. Following on from the England case
study above (page 39), John Errington said With hindsight we should have reserved
capacity for the advocacy following the arrival of the Concluding Observations. The
parliamentary debate was very superficial as the government wanted to bury the
criticism. We should have had an action plan ready to press our advocacy calls
Lobby decision makers (For tips see Advocacy Toolkit pp. 58-60)
Conduct public campaigns based on key issues (Advocacy Toolkit pp 61 & 62)
Be ready to respond to the Concluding Observations
Use the Concluding Observations to identify advocacy goals look for the main
recommendations regarding the four thematic objective areas and the supporting
strategies
Carry out risk assessments what may be done to minimise risk?
Be proactive identify advocacy opportunities such as elections, parliamentary
debates, the release of key studies, key dates such as Human rights Day, World Aids
Day or World Child Labour Day etc.
Establish clear, simple messages ensure they are accessible to all audiences
including children (Advocacy Toolkit p. 47)
Widely disseminate the State Report, the Alternative Report and the Concluding
Observations Highlight key areas of concern
Translate the documents into local languages and child friendly language ask
children to help, for example, by highlighting areas they do not understand.
Ensure you have the relevant facts and expertise and share information with coalition
members
Support childrens own advocacy initiatives
44
Identify levers, opportunities and relationships throughout the
reporting process
o Assisting with the State Report helps to build relationships with
governmental departments
o Compiling the alternative report can help map out the relevant departments,
ministries, duty bearers and decision makers
o Opening channels of communication with the Government in the run up to the
Pre-Session, meeting with the Government delegation prior to the Committee
session, arranging events with children etc. are all beneficial to future
advocacy on specific issues
o UNICEF and other agencies are also involved in the reporting process - it is
an opportunity also to lobby them
o
o
o
o
o
o
o
o
o
o
45
Coalition Working
The SCUK coalitions strategy requires the following top line considerations to be met:
1. There must be a compelling rationale for joining any coalition and clear
objectives for involvement in a coalition in any given year
2. Staff should seek to demonstrate best practice in their conduct with
coalitions
This section will therefore work within this strategic framework by highlighting some of
the rationale arguments for coalition working in UNCRC reporting and flagging up best
practice issues to be considered.
o
o
Compelling Rationale
UNCRC reporting is strategically focused
o UNCRC reporting is a central element of the child rights supporting
strategy and may be used to assess the States performance in relation to
all of SCUKs core themes at international level
Our objectives in the coalition are clear
o The objectives of the reporting process have been dealt with at length
already see also, however, we will achieve more than working alone
and best practice suggestions below.
UNCRC reporting involves working with preferred collaborators, eg
o Child led organisations and campaigning children
o Campaigning organisations (on childrens issues)
o Child rights organisations
o Human rights organisations
We meaningfully add value and lead where it is a core issue
o Save the Children will often be the largest child rights organisation within
the coalition, with the greatest resources and relevant experience
o In the UK we have been the lead organisation, co-ordinating responses
from England, Scotland, Wales and Northern Ireland
o In Ghana, Save the Children initiated the UNCRC coalition, and brought
in Save the Children Sweden which financed the NGO report and
provided training
o In Lesotho, we provided secretariat support and led on child participation
o NB Save the Children may exert significant power, which must be
sensitively handled see further best practice below
UNCRC reporting encourages national platform building on child rights
o Save the Children can help to build the capacity of local NGOs/Civil
Society, which continues to benefit children even if we withdraw
We will achieve more than working alone
o Coalitions have the potential to bring together a wide range of expertise
and spheres of influence
o Workload, resources and new working methods may be shared
o A coalition report is more likely to be taken into account by the
Committee and is more difficult for the Government to discredit
o The delegation at the Pre-Session can represent a large number of NGOs,
even if their individual members cannot attend
o Coalitions may add increased authority and credibility in reporting and
advocacy
o Coalitions can share information from their areas of focus to improve
monitoring going forward. This information feeds into future reports.
On the added value of Save the Childrens involvement in the reporting
process, see A Tool for Change pp. 30 38. CD (10)
An evaluation of the NGO coalition for child rights in Lesotho, written by
Kevin Byrne, is on the CD (6)
46
Best Practice
In Daniela Baros study, country programmes raised a number of key issues and
challenges relating to coalitions. Some of these issues are dealt with below, with
suggestions for addressing them provided beneath each heading. This list is, of course,
not exhaustive, and some suggestions and issues are crosscutting.
Uncertainty about Save the Childrens role, for example if UNICEF or other
Alliance members are already involved
o Ensure capacity and wider organisational implications have been
accounted for in advance. What is the precise role of Alliance members,
UNICEF etc? How can we work together?
Questions of Ownership of the process. Are certain members in charge?
o Save the Children may be one of the larger and better resourced INGOs
involved. It is important to avoid taking control as the main aim to
facilitate and support active civil society engagement
o Set up an elected co-ordinating committee
o Observe decision-making processes
o Ensure budgets and financial commitments are agreed assign the role of
budget monitoring and ensuring commitments are met to a
committee/working group
47
48
The NGO Group for the CRC has published a detailed guide on coalitions
for CRC reporting entitled Networking for Childrens Rights. CD (10)
49
50
Funding
As we have seen above, good governance, capacity building, civil society engagement
and child participation are some of the main elements of the reporting process and it is
these aspects that should be focused upon when seeking funding.
Below are some brief introductions to the various sources of funding available and the
teams that may be able to help in accessing them.
European Commission (EC)
European Initiative for Democracy and Human Rights (EIDHR)
From 2007, the European Commission has new "Financial Perspectives (or budgets) for
the next 7 years. They have restructured their budget lines and there will be an instrument
for Human Rights and Democracy. A communication from the EC about the New
Human Rights and Democracy Programme (Thematic Programme 2007-2013) is on the
CD.
Within this, specific objectives of most relevance for CRC reporting may be:
o To strengthen the international framework for the protection of human rights,
the rule of law and the promotion of democracy
o To strengthen the role of civil society in promoting human rights and democratic
reform, in supporting conflict prevention and in developing political participation
and representation
Guidelines for 2007 onwards are not yet available, but guidance notes for EIDHR funding
2005-2006 are included on the CD as an example. Up to date information will be
available from the Programme Funding Unit in Head Office once it has been released.
UK Foreign and Commonwealth Office (FCO)
Global Opportunities Fund (GOF)
The UK Foreign and Commonwealth Office is increasingly focusing on international
mechanisms and has expressed an interest in funding CRC reporting. A new GOF Human
Rights Programme has been created which will have around 3.5 million per year. One of
the core areas of funding is child rights and the indicators they have identified include the
following, which are of specific relevance to UNCRC reporting:
Child rights policies with mechanisms for meaningful participation from children
developed
Reform of policies and laws which discriminate against children and increase
their vulnerabilities
Government and NGOs reporting under international instruments in a timely
manner
Legislation reviewed for conformity with international standards including
enforcement measures
Mechanisms for monitoring child rights in place e.g. establish children's
ombudsman, national human rights mechanisms
Improved understanding of relevant international child rights instruments
amongst key stakeholders including their capacity and responsibility to
implement such instruments
Although the FCO has priority focus countries (Myanmar, India, Colombia, China,
Brazil) it will also consider funding proposals from other countries that have a clear
regional impact or have a global demonstration value. Ensuring institutional learning and
enabling replication is therefore extremely important.
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GOF funding proposals follow a strict format involving a two-step process. Initially a
concept note is submitted through the FCO country or regional representative which must
then be approved in London. It is extremely important that the FCO representative is first
contacted to discuss the proposal as their approval is essential for the grant to be
considered in London. If the concept paper is approved the proposal moves on to a full,
detailed bid.
A sample proposal form is on the CD along with guidance notes. The Programme
Funding Unit can also provide technical advice and guidance.
Charitable Trusts and Foundations
There are a number of charitable trusts and foundations that fund work on human rights,
capacity building, governance and participation, all of which are integral to UNCRC
reporting. An example is the Ford Foundation, based in New York, which has funded
Save the Children UK in the past for projects such as human rights education and
frequently funds human rights advocacy initiatives. Some trusts and foundations fund
UNCRC reporting specifically. For example, the Big Lottery Fund in the UK has recently
awarded a large three-year grant to the Childrens Rights Alliance England (CRAE) for
child participation in the CRC reporting process.
Trust fundraising is based heavily on developing working relationships with the relevant
trusts and foundations. All Trust applications are dealt with through the Trusts
Development Team based in Farringdon who will be happy to discuss proposals and
potential donors.
Collaboration with Alliance Partners
There are national institutional donors aside from the UK that Save the Children may
access through collaborative working with Alliance partners. For example, SIDA through
Save the Children Sweden. Some members, such as Italy, have no programmatic presence
and are focused on fundraising, so Save the Children UK may be the implementing
organisation for funding purposes, though the grant would be through the Alliance
partner.
Please contact the Alliance Development Team who may be able to discuss this option
further and put you in touch with the relevant members and staff for discussions.
Other
The other teams at Head Office that may be able to help are Corporate Development and
Leadership Development (Major Donors). However, these funding options might be less
likely due to the types of projects individuals and companies tend to fund. They also look
for quantitative impacts such as numbers of children accessing education or numbers
immunised etc. which are not the direct outcomes of the reporting process.
To discuss any of the options above, or to suggest funding avenues we may not have
considered, please contact Jennifer Grant, Child Rights Advocate.
The Key Objectives and Activities section above may be
amended to form a concept note for institutional donors
Many of the details used in that section were taken from funding
proposals for UNCRC reporting
Contact details for funding teams are on the People Directory of the
Intranet http://intranet/directories/people/search.asp
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Useful Contacts
Child Rights Supporting Strategy
Jennifer Grant, Child Rights
Advocate
1 St. Johns Lane, London, EC1M 4AR,
UK
Ph: +44 207 012 6777
Email: [email protected]
Child Participation Adviser,
Bharti Mepani
1 St. Johns Lane, London, EC1M 4AR,
UK
Ph +44 207 012 6853
Email:
[email protected]
Save the Children Alliance Office,
Geneva
1 Rue de Varemb, CH-1202 Geneva,
Switzerland
Ph: +41 22 919 1200
Fax +41 22 919 2001
Online Resources
Child Rights Information Network
(CRIN)
Massive amounts of child rights
information and regular email updates.
www.crin.org
Database of NGO Alternative Reports
http://www.crin.org/docs/resources/treaties/
crc.25/annex-vi-crin.asp
High Commissioner for Human Rights
Website
Access to all UN Treaty Body websites and
other UN human rights information
http://www.ohchr.org/english/
UN Treaty Body Database
Documents relating to all UN Treaty
Bodies, including the CRC
http://www.unhchr.ch/tbs/doc.nsf
Raoul Wallenberg Institute Human
Rights Theme Map
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Glossary of Terms
Accession/Accede
When a State ratifies a Convention without having previously signed it see further
signature and ratification below
Adoption
A treaty is adopted when it is accepted by a vote at the General Assembly. The CRC was
unanimously adopted on 20th November 1989 as opposed to Entry into Force - see
below.
Declaration
1. A statement made upon ratification that clarifies the states interpretation of a certain
article.
2. A non-binding legal instrument, such as the Universal Declaration on Human Rights or
the Declaration on the Rights of the Child.
Duty Bearer
The person or body responsible for guaranteeing a right
Entry into Force
A Treaty/Convention enters into force when it has received the requisite number of
ratifications as set out within the document itself. The CRC required 20 ratifications and
entered into force on 2nd September 1990.
International Law
Rules aimed at regulating the behaviour of states towards each other and towards the
people within their territories
Legal Mechanisms
Structures implemented to enforce or monitor implementation of the law. The Courts are
an example of a legal mechanism, as is periodic reporting to the Committee on the Rights
of the Child
Member State
A state belonging to a particular international body or organisation, such as the UN, the
EU or the AU as opposed to State Party or Signatory - see below.
Optional Protocol
A separate legal document adding to the Convention/Treaty and requiring separate
ratification
Ratification, Ratify
The process of adopting a treaty by the legislature as opposed to Signature see
below
Reservation
A proviso entered upon ratification of a treaty which limits the states obligations under a
certain article
Rights Bearer
The subject of the rights contained within a treaty
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Signature/Sign
Signing a treaty signifies an intention to ratify. A signatory to a treaty is not bound by its
terms but must not do anything that would run counter to its object and purpose
Signatory
A state that has signed a treaty. Somalia and the US are signatories to the CRC. All other
states are States Parties.
State Party
Once a state has ratified a treaty it becomes a State Party. The plural is States Parties
Treaty Body
The body established to monitor a particular treaty. The Treaty Body for the UNCRC is
the Committee on the Rights of the Child
Treaty/Convention
Interchangeable terms for a legal contract between states. Covenant also means the
same thing e.g. the International Covenant on Civil and Political Rights (ICCPR)
55
CD Contents
1. Academic Articles
Various articles and reports for further reading on the UNCRC, the General
Principles, evolving capacities and related issues
2. Child Participation
Guidance and Tools toolkits, checklists and guidance on participation and
protection
Learning articles, reports and evaluations on child participation
3. Child Rights Programming (CRP)
Handbooks and toolkits on CRP
4. Committee on the Rights of the Child
The Committees Reporting Guidelines, General Comments, Days of general
discussion, Recommendations, Working Methods, Rules of Procedure etc.
5. Convention and Optional Protocols
The UNCRC and Optional Protocols, UNCRC in 50 languages and a child
friendly version
UNCRC summary provisions arranged according to the 8 clusters of rights
Reservations to the UNCRC
Links to other international legal instruments
6. CRC Implementation and Impact
UNICEF Implementation Handbook
UNICEF Innocenti Research Centre Implementation Studies
Child rights Indicators papers
Evaluation of Lesotho NGO Coalition by Kevin Byrne
Laying the Foundations for Childrens Rights by Philip Alston
7. CRC Reporting Sample Documents
Sample Concluding Observations, Lists of Issues, Written Replies, Concluding
Observations and NGO Alternative Reports from: Azerbaijan, Belize, Colombia,
Kyrgyzstan, New Zealand, Norway, Uganda
Compilation of Concluding Observations 1996 2005
Childrens submissions
Save the Children alternative reports
8. Funding
Information on FCO and EC funding streams
9. Starter Pack Documents
Pdf of this paper (Hyperlinks within the document may then be used)
10. Toolkits and Guides
A Tool for Change? Reporting to the UN Committee on the Rights of the Child
by Daniela Baro
Save the Children Advocacy Toolkit by Louisa Gosling, Julia Sherwood,
Costanza De Toma
External and internal toolkits and guides that were of use in preparing this Starter
Pack plus others that may be of further assistance.
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