THE STATE PARTY REPORT ON CHILDREN'S RIGHTS, IS IT SERVING ITS PURPOSE?

By Victor Kanguya,

The Convention on the Rights of the Child (UNCRC) was unanimously adopted by the United Nations General Assembly on 20^th November, 1989 and entered into force on 2^nd September, 1990. The Convention, which contains 54 articles, is a comprehensive instrument which sets out rights that define universal principles and norms for children. To adequately insure all the protocols were being adhered to, states parties are obliged to submit initial reports.

One of the principle mechanisms by which the treaty bodies monitor the extent of compliance by states parties with their obligations under the human rights treaties is through a system of state party reporting. Under each of the treaties, states parties undertake to submit reports to the treaty bodies; explaining the progress made and problems encountered in implementing treaty obligations.

The UN Committee on the Rights of the Child (CRC) is a body of 18 internationally elected independent experts on Children’s Rights. The Committee monitors progress towards implementing these rights. In assessing a country’s progress towards implementing the UNCRC, the UN committee takes into account the Government’s reports and submissions from non-Governmental Organisations (NGOs) concerned with Children’s Rights and welfare.

The Committee has noted that some of the reports submitted initially were so brief and that the Committee found it necessary to elaborate general guidelines regarding the form and content of reports. These consolidated guidelines were designed to ensure that reports were presented in a uniform manner and to enable the Committee obtain a complete picture of the situation in each state as regards the implementation of the rights referred to in the covenant.

Despite the guidelines, however, some reports are still so brief and general that they do not satisfy the reporting obligations under the Article 44. In these cases the Committee can grant, during examination of the report the possibility to state party to compliment this information within a specified deadline. Governments are encouraged; using the Convention as a guide in policy making implementation to: Ensure that all legislation is fully compatible with the convention as well as develop a comprehensive national agenda for Children among others.

Considering the importance of the UNCRC there is need for states parties to ensure they submit their annual reports to the Committee. Zambia is one of the countries that have fallen significantly behind in the submission of reports, hence making it difficult for the Committee to monitor states parties’ reports. The Committee has the mandate to examine the country’s situation when states have failed to produce a report for several years.

Children are neither the property of their parents nor are they helpless objects of charity. They are human beings and are subject to their own rights. There is need for Children to be adequately represented during public considerations. Even though there are provisions for an individual to make complaints to the UN Committee on the Rights of the Child, children are not considered despite being the cause of action.  The Convention encourages states to take special measures to develop special institutions for the promotion and protection of Children’s Rights.

Children deserve to be highly valued for the unique contribution they make through just being children. Despite the UNCRC being a tool formulated to the highest of standards, many have expressed dissatisfaction with the document. The public have noted the lack of provisions for rigorous sanctions that will compel states parties to produce complete reports and on time. The best interests of the child should be the primary concern of decision making, and all matters relating to children should be of outright importance to everyone. The Children’s News Agency with support from European Union.