GENERAL ASSEMBLY COMMEMORATES TENTH ANNIVERSARY OF CONVENTION ON RIGHTS OF CHILD

Press Release
GA/9656

GENERAL ASSEMBLY COMMEMORATES TENTH ANNIVERSARY OF CONVENTION ON RIGHTS OF CHILD

As the General Assembly commemorated the tenth anniversary of the Convention on the Rights of the Child, its President, Theo-Ben Gurirab (Namibia) drew attention to last year’s Assembly proclamation of the International Decade for a Culture of Peace and Non-violence for the Children of the World (2001-2010), stating that, "we must translate this lofty declaration of intent into a viable plan of action, buttressing it with generous funds, resources and unwavering commitment by the entire international community".

The Convention, adopted in 1989 and now the most broadly ratified United Nations treaty, recognizes the particular vulnerability of children and brings together in one comprehensive code, benefits and protection for children concerning all categories of human rights. It guarantees non-discrimination and recognizes that the best interests of the child must guide all actions. Special attention is paid to children who are refugees, disabled, or members of minorities. States parties to the instrument are to provide guarantees for children's survival, development, protection and participation.

The President added, "I want to seize this opportunity, once again, to call upon this and all future sessions of the Assembly to ensure that the rights and well-being of our children are an ever-present responsibility all year around and put on the front burner for action." While noting that on 25 August, during an open debate of the Security Council on children in armed conflict, resolution 1261 (1999) was adopted which strongly condemned the targeting of children in situations of armed conflict, he stressed that the Assembly, the Economic and Social Council and other key bodies of the United Nations should follow suit and do even more. The Assembly must lead that crusade by example, he said.

Deputy Secretary-General Louise Fréchette told the Assembly that achieving truly universal ratification of the Convention would be a fitting way to enter the new century. It was, therefore, a concern that the United States was one of the only two countries that had not yet ratified that pillar of human rights law. Noting that efforts were under way to strengthen the Convention through two optional protocols, regarding the involvement of children in armed conflict and the sexual exploitation of children, she called upon all governments to support those efforts to end some of the most shocking and shameful violations of children’s rights.

General Assembly Plenary - 1a - Presss Release GA/9656 52nd Meeting (AM) 11 November 1999

She added that there were colossal obstacles to the universal protection of children’s rights, the greatest of which was poverty. It was also necessary to prevent armed conflicts that turned children into soldiers and refugees, exterminate drug trafficking, and make sure that the Internet did not broaden child pornography. In order to make children’s rights a reality, it was important to underline that they were part of peace and development.

The representative of the United States, speaking as host, said that although the United States had not ratified the Convention on the Rights of the Child, its actions to protect and defend children clearly demonstrated its commitment to the welfare of children. The international community could remain assured that her country stood ready to assist in any way they could to enhance and protect the human rights of children. Through support for multilateral programmes, non-governmental organizations and a wide variety of official bilateral assistance and diplomatic initiatives the United States had helped children at risk. Moreover, it was a major supporter of many United Nations programmes that had a substantial focus on helping children.

The representative of Saint Kitts and Nevis, on behalf of the Latin American and Caribbean States, said the tenth anniversary of the Convention was not necessarily a time for celebration, but a time for reflection, a pause to determine whether a course correction was necessary. "We have a wonderful opportunity as we stand at the threshold of the new millennium”, he said. Let us put children first".

Statements were also made by the representatives of Algeria (on behalf of the African States), Viet Nam (on behalf of the Asian States), Croatia (on behalf of the Eastern European States) and Liechtenstein (on behalf of the Western European and other States).

The Assembly will meet again at 10 a.m. Monday, 15 November, to consider the cooperation between the United Nations and the International Organization of the Francophonie.

Work Programme

The General Assembly met this morning to commemorate the tenth anniversary of the Convention on the Rights of the Child.

The Convention was unanimously adopted by the General Assembly on 20 November 1989. It was opened for signature on 26 January 1990 and was signed by 61 countries on that day. It entered into force on 2 September 1990, after the twentieth State had ratified it. As of August 1999, it had been ratified by 191 States.

The Convention defines a child as every human being under eighteen years old unless national laws state otherwise and sets minimum legal and moral standards for the protection of children's rights. It stipulates the following general principles: States shall ensure each child enjoys full rights without discrimination or distinctions of any kind; the child best interests shall be a primary consideration in all actions concerning children whether undertaken by public or private social institutions, courts, administrative authorities or legislative bodies; every child has an inherent right to life and States shall ensure to the maximum extent possible, child survival and development; children have the right to be heard.

The Convention also stipulates the following substantive provisions:

-- Civil rights and freedoms: Every child has a right to a name and nationality; freedom of expression; freedom of thought, conscience and religion; freedom of association. No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.

-- Family environment and parental guidance: States must respect the rights and responsibilities of parents. The child shall not be separated from its parents and shall enjoy adequate living conditions.

-- Basic health and welfare: Every child has the right to life and the highest attainable standard of health.

-- Education, leisure and recreation: Every child has a right to education and a right to enjoy leisure recreational and cultural activities.

-- Special protection measures: States shall ensure that children under fifteen take no direct part in hostilities and protect those who are affected by armed conflict; treat those who come in conflict with the law with dignity and self-worth; protect them from economic exploitation; protect them from the use of narcotics, sexual exploitation, abduction and trafficking. Children of minority communities and indigenous populations shall have the right to enjoy their culture, speak their language and practise their religion.

The Commission on Human Rights at its fifty-fifth session, adopted resolution 1999/80 of April 1999 in which it welcomed the role of the Committee on the Rights of the Child in creating awareness of the principles and provisions of the Convention and in proving recommendations to States on its implementation.

The Committee on the Rights of the Child, comprising 10 international experts, is charged with monitoring the implementation of the Convention. States are obligated to review their national laws to ensure they are in line with the provisions of the treaty once they have ratified the Convention. Once they have ratified the Convention, States have to submit a report to the Committee two years after ratification and then every five years thereafter on measures they have taken to implement the provisions of the treaty.

Currently, there are two draft protocols under discussion in connection with the Convention. The draft optional protocol on involvement of children in armed conflict and the draft optional protocol on the sale of children, child prostitution and child pornography .

On 17 June, the International Labour Organization (ILO) at its annual conference unanimously adopted a new Convention and accompanying recommendations concerning the worst forms of child labour. The new Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, applied to persons under eighteen and called for immediate and effective measures to secure prohibition and elimination of the worst forms of child labour as a matter of urgency. Although the Convention referred to child labour, its scope was not limited to economic exploitation.

Statements

THEO-BEN GURIRAB (Namibia), President of the General Assembly, said what happened to children in the early years determined, for better or worse, their growth and place in society. So much of the future depended upon the rewarding opportunities and care provided to children when they were young. Since the adoption of the Convention on the Rights of the Child, children's interests were now placed higher on public and developmental agendas than ever before. At the same time, however, the process of globalization widened the socio-economic gap between States, with women and children precariously at the receiving end in the third world.

He said most countries in the developing world were plagued by major economic problems, with bleak prospects for growth, compounding any prospects of fully realizing the rights of children. The worldwide external debt burden represented yet another major obstacle to social progress and caring for children. A child in the developing world was born with an average debt baggage of $417. Sub-Saharan Africa spent more on servicing its debt of over $200 billion than on the health and education of its 306 million children,

The girl child, in particular, suffered discrimination and abuse for a great part of her life, he said. Moreover, that child faced deep traditional prejudices and was denied opportunities for equality, education, nutrition, health care and often survival itself. Because of gender discrimination and uncreasing violence, millions of girls continued to be denied their basic rights, which meant they lost out on opportunities to participate fully as adults in the political, economic and social life of their countries -- namely power, wealth and access.

The HIV/AIDS pandemic was a killer monster to which the global community was still failing to provide the kind of concerted response that was urgently needed, he said. The scourge of war, with children and women as the primary victims, continued to threaten decades of political, social and economic gains, especially in Africa -- driving away millions from their homes and countries, while subjecting many innocent children to unspeakable brutality. On 25 August, during an open debate of the Security Council on children in armed conflict, resolution 1261 (1999) was adopted which "strongly condemned the targeting of children in situations of armed conflict".

The Assembly, as well as the Economic and Social Council and other key bodies of the United Nations, should follow suit and do even more, he continued. The Assembly, for one, must lead that crusade by example. That condemnation, though laudable, was not enough. The ugly and painful abuses continued today in many countries currently engulfed in armed conflicts. "It is for this reason that I call upon the delegations present here to demonstrate their support for the 'Peace and Security Agenda for Children' which was launched in February by the United Nations Children's Fund (UNICEF)", he said.

He said the 2001-2010 had been proclaimed by the Assembly as the International Decade for a Culture of Peace and Non-violence for the Children of the World. "We must translate this lofty declaration of intent into a viable plan of action, buttressing it with generous funds, resources and unwavering commitment by the entire international community", he said. "I want to seize this opportunity, once again, to call upon this and all future sessions of the General Assembly to ensure that the rights and well-being of our children are an ever-present responsibility all year around and put on the front burner for action".

Deputy Secretary-General LOUISE FRÉCHETTE said the Convention, 10 years old and a child itself, had already become the most widely ratified human rights instrument. "This is a wonderful victory", she said.

All children were now recognized, by a near-universal, legally binding instrument, as individuals with special needs who were entitled to special protection, she said. More importantly, they were recognized as individuals with dignity who had the rights of full human beings. For many, that might seem almost too obvious for words, but it had taken until the last decade of the twentieth century to turn that recognition into an international convention. That spelled out a child's right to be free from economic and sexual exploitation, to receive an education, to have access to health care.

To achieve truly universal ratification of the Convention would be a fitting way to enter the new century. Thus, it was a concern that the United States was one of the only two countries that had not yet ratified that pillar of human rights law. She urged them to do so as soon as possible. The ratification of the Convention by so many countries meant that its principles were now becoming part of national laws everywhere. Moreover, the Convention had also inspired and guided the further strengthening of international standards on children’s rights, such as last June's ILO Convention aimed at eliminating the worst forms of child labour.

In addition, she said, efforts were under way to strengthen the Convention through two optional protocols, regarding the involvement of children in armed conflict and on the sexual exploitation of children. She called upon all governments to support those efforts to end some of the most shocking and shameful violations of children’s rights. However, the world community would not be judged by what it says, but by what it actually does. In practice, colossal obstacles remained to the universal protection of children’s rights, the greatest of which was poverty. Millions of children were kept out of school and denied their right to education. Huge numbers were put to work, often in harmful conditions, and denied their right to rest and play. As malnutrition killed thousands every day, they were even deprived of their right to survival.

Continuing, she said it was also necessary to prevent armed conflicts, which made children soldiers and refugees, to exterminate drug trafficking, and to make sure that the Internet did not broaden children pornography.

In order to make children’s rights a reality, it was important to underline that they were part of peace and development. Regarding the United Nations system, the right of the child was one of the highest priorities. Moreover, the Secretary-General excluded the participation of children under eighteen to the peacekeeping operations of the United Nations. All Member States must continue integrating the principles of the Declaration in their legislation. She concluded by saying that the Convention was a symbol of the world movement in favour of social progress.

ABDALLAH BAALI (Algeria), speaking on behalf of the African States, said the celebration of the tenth anniversary of the Convention on the Rights of the Child, beyond its solemn aspect, should remind everyone of the gravity of the unacceptable fate of the vulnerable section of society.

He called on States to judge the situation for themselves, based on the tens of millions of children who were still suffering today. Some 300,000 served as cannon fodder in conflicts while 12 million died from preventable diseases. The future was bleak for other millions of children who faced life in refugee camps; who faced scenes of rape and poverty while other children of their age played with toys and enjoyed their childhood. Many of those children who suffered, especially in armed conflicts, were African. The United Nations had played its part to alleviate the situation, but overall the efforts of the international community were still inadequate.

He conceded, however, that the almost universal ratification of the Convention was a major achievement that would be further enhanced by the consolidation of the two protocols currently under discussion. He was also gratified by the unanimous adoption of the ILO Convention for the elimination of the worst forms of child labour. Child labour was a new form of slavery.

Africa’s contribution to the universal movement to protect the welfare of the child should also be noted, he continued. In Africa, children had pride of place within the family and the continent had proved that in 1979 when the Organization of African Unity (OAU) adopted the Monrovia Declaration, which established the rights of the child. Six years later the African Charter outlawed the recruitment of children under the age of eighteen as soldiers. The Charter would enter into force on 20 November. In Yaounde, in 1996, African States adopted a resolution reaffirming that the use of children in armed conflict was a violation of their rights and, therefore, was considered a war crime. In July 1999, African States had proved their strong and irreversible commitment to protecting the rights of the child by adopting several important decisions.

He said Africa intended to take charge of the problem of protecting children and, by doing so, would show the international community the way forward. But, the continent could not shoulder the responsibility alone. African governments had the political will and had vigorously and courageously tackled conflicts that had devastated the continent. Yet, Africa still required the mobilization of the international community to help rebuild economies that had suffered as a result of war, stop the lucrative trafficking in arms, ensure the non-violation of sanctions and convince international financial institutions to take an interest in the problem.

PHAM BINH MINH (Viet Nam), in the capacity of Chairman of the Asian Group, stated that the almost universal acceptance of the Convention showed that children’s rights and interests were every nation’s business, as well as a demonstration of political will in the cause. The annual debate in the General Assembly on the issue helped to assess the achievements made and to determine what should be done to overcome the obstacles or challenges. The Committee on the Rights of the Child played an active role in creating awareness of the principles and provisions of the Convention, and providing recommendations to States on ways to address problems.

He stressed that presently 130 million children had no access to basic education, 200 million under five years of age were malnourished and over 20 million children had been displaced by war. The complicated problems of child abuse and exploitation also had to be addressed. The Convention had set in motion an ongoing process at all levels of society to transform children from simple objects to full subjects of law. Strengthened efforts were warranted to fully realize that process.

IVAN SIMONOVIC (Croatia), on behalf of the Eastern European States, said the process of reporting to the Committee on the Rights of the Child provided an important opportunity for each State to review its implementation of the Convention. He added that more needed to be done to bridge the gap between existing international norms and their actual adherence.

The plight of children affected by armed conflict was extremely important and urgent in the discussion on children’s rights, he continued. In approximately 50 countries, children were suffering because of armed conflict. During the past decade, 2 million children had been killed in those conflicts, in addition to those who had been displaced by war. The protection of children in armed conflict must be framed by standards and norms embodied in international instruments that explicitly incorporated humanitarian law. The draft optional protocol contained significant language to that effect. It was clear that the international community had been mistaken in rarely treating children as anything but victims.

Also, concerted efforts towards poverty eradication must be undertaken to bridge the widening gap of disparities children faced. The recent adoption of the ILO Convention aimed at eliminating the worst forms of child labour was a significant step in the right direction. Implementation of children’s rights at the national level required efforts that would ensure an enabling environment. State governments must implement the Convention, but every sector of society must be involved if the Convention’s principles and norms were to become a reality.

JOSEPH CHRISTMAS (Saint Kitts and Nevis), speaking on behalf of the Latin American and Caribbean States, said the Convention on the Rights of the Child could be considered the offspring of the Universal Declaration of Human Rights. If there was respect for child rights, the contagious effect was likely to spread to the rest of humanity. It was a wonderful tribute to the United Nations Children’s Fund (UNICEF) and its partners that the nations of the world were so sensitized and mobilized to adopt the Convention as their own because, without that ownership, those child rights would have been stillborn. Instead, the child, and issues relating to it, now figured prominently on the world’s political agenda.

He said the rights of the child could not be universally realized until more children had adequate access to education; until health services, water and sanitation were accessible; and until some of the fundamental obstacles to development were removed, such as wide income gaps, inequity in access to basic social services and armed conflict. The tenth anniversary of the Convention was not necessarily a time for celebration, but a time for reflection -- a pause to determine whether a course correction was necessary. In the Latin American and Caribbean region, substantial progress had been made in the context of the Convention and most countries had reviewed their legislation to ensure it was in compliance with the instrument.

He said many countries of his region had adapted national laws to implement the Convention and children's rights had been debated and discussed as election issues. Children's participation and the ability to voice their concerns in decisions and situations that affected their lives had grown throughout the region. Many countries had also established national bodies related to the rights of children. Remarkable achievements in child health had also been witnessed in the last decade. Polio had been eradicated. There was a 95 per cent reduction in death by measles, the virtual elimination of neonatal tetanus, and the universal iodization of salt for human consumption. The average infant mortality rate dropped from 51 per cent, per thousand live births in 1990 to 33 per thousand in 1998.

He said access to primary education in his region had increased significantly and primary enrolment rates were about 87 per cent. The State of the World's Children report had indicated that the region had a higher enrolment rate than any other region in the developing world, and that girls participated at levels equal to or higher than boys. Despite positive elements, the challenges facing children were daunting. "We have a wonderful opportunity as we stand at the threshold of the new millennium”, he said. “Let us put children first.” To lose that opportunity was to lose the war. CLAUDIA FRITSCHE (Liechtenstein), speaking on behalf of the Western European and Other States, said the Convention on the Rights of the Child was a powerful instrument for the world’s children and affirmed that they were the subjects of rights, not simply objects of concern or beneficiaries of services.

She said the phrase “the best interest of the child” best captured the spirit of the Convention and was a guide for action in many areas where children were involved or affected. But, she acknowledged that in some important respects, the Convention had not provided the protection that some States had envisaged and hoped for. She, therefore, highlighted the work of the two working groups of the Commission on Human Rights and the need for an early conclusion to their work.

While commending the work of the Committee on the Rights of the Child, which monitored the implementation of the Convention, she said the present composition of 10 members was inadequate to ensure a more rapid and efficient execution of its duties. She encouraged States that had not already ratified the amendment -- which would allow an increase in membership of the Committee from 10 to 18 -- to do so in order to achieve the required two-thirds threshold required for the amendment to enter into force.

BETTY KING (United States), speaking as host country, stressed that children represented over 50 per cent of the world’s refugees, displaced persons, and conflict victims. They were often separated from their families, deprived of education and, too frequently, forcibly recruited by armed factions. Moreover, millions of children under the age of fifteen around the world were employed full or part-time in what could be described as exploitative child labour. Children were the mercy of the adults around them.

The United States strongly opposed exploitative child labour and it supported the ILO Convention on the Elimination of the Worst Forms of Child Labour adopted last June. Moreover, President Clinton had directed all federal agencies of the United States Government to make certain that they were not buying any products made with abusive child labour.

"Actions speak louder than words", she said. "Our commitment to the protection of children's rights is unquestionable." Through support for multilateral programmes, non-governmental organizations and a wide variety of official bilateral assistance and diplomatic initiatives, the United States had helped children at risk. Moreover, it was a major supporter of many United Nations programmes that had a substantial focus on helping children. Although the United States had not ratified the Convention on the Rights of the Child, its actions to protect and defend children clearly demonstrated its commitment to the welfare of children. The international community could remain assured that the United States stood ready to assist in any way they could to enhance and protect the human rights of children.

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