UNCRC REPORTING AND NGO PARTICIPATION

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BY: SAMNANG MEAS

ADVISOR AND FORMER SECRETARY GENERAL OF

THE NGO COALITION ON THE RIGHTS OF THE CHILD-CAMBODIA

NOVEMBER 2016

THE UN CONVENTION ON THE RIGHTS OF THE CHILD

AND STATE PARTIES

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The current status of signing and ratification to the UNCRC

Signing: Initial signature alone to the treaty is not sufficient to commit a country to the treaty’s conditions.

Ratification (By legislative body or executive body): A country agrees to be bound by the international law.

What does it mean when a State ratified the UNCRC?

o State Party develops a national legal framework in which to implement the treaty standards.

o State Party creates and implement national policies and practices concern with legal protection that will guarantee children the rights enumerated in the instruments.

o State Party commits resources to the maximum extent possible to implement children’s rights.

o State Party promotes the understanding of the UNCRC

o State Party has to submit the 2 years report (2 years after the ratification) and 5 years periodic report to the UN Committee on CRC.

REPORT FROM STATE PARTY

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Art.44 of the UNCRC 1. States Parties undertake to submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made on the enjoyment of those rights: (a) Within two years of the entry into force of the Convention for the State Party concerned; (b) Thereafter every five years. 2.Reports made under the present article shall indicate factors and difficulties, if any, affecting the degree of fulfillment of the obligations under the present Convention. Reports shall also contain sufficient information to provide the Committee with a comprehensive understanding of the implementation of the Convention in the country concerned.

3.A State Party which has submitted a comprehensive initial report to the Committee need not, in its subsequent reports submitted in accordance with paragraph 1 (b) of the present article, repeat basic information previously provided.

4.The Committee may request from States Parties further information relevant to the implementation of the Convention.

5.The Committee shall submit to the General Assembly, through the Economic and Social Council, every two years, reports on its activities.

6. States Parties shall make their reports widely available to the public in their own

countries.

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Between 6 months

and 2 years

Submission of the State

Party report

Submission of

NGO reports

List of issues sent

to the Government

Written replies

sent to the Committee

Session: all information discussed

between Committee & State delegation

Concluding Observations issued

by the Committee at the end of the session

Implementation of COs

ongoing advocacy by NGOs

At least 3

months

Pre-sessional Working Group

Considers NGO & other reports

1-2 weeks

3 months 1-2 months

ALTERNATIVE REPORT BY NON-STATE ACTORS

REPORTING CYCLE

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ALTERNATIVE REPORT BY NON-STATE ACTORS

What should be the information in the Alternative Report?

o Child rights & realities including interventions made by relevant key

stakeholders including government, national and international

organizations as well as children groups;

o Gaps on child rights;

o Main problems & violations (Issues of Concerns);

o Proposed solutions (Proposed prioritized recommendations).

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HOW TO REPORT (Develop a reporting process)

TIMING of submission is critical: (Mapping the deadlines of the reports). The Committee needs to receive up-to-date information at the time of the review.

What you can do? o

o

o

If you know your State has submitted its report to the Committee, contact the Child Rights Connect to ask about the timeline for the submission of the NGO report. Use the feedback given to inform the development of your report preparation.

If there is considerable delay, continue to monitor and collect data so the Committee receives up-to-date information.

Develop the process of preparing the report – format and content of

report as well as human and financial resources (Format and content of the report can be discussed during monthly meeting of the coalition/groups of NGOs but human and financial resources must be allocated as long term plan)

ALTERNATIVE REPORT BY NON-STATE ACTORS

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HOW TO REPORT (Develop a reporting process)

Define responsibilities and tasks amongst members of the coalition g.a core group of drafters, thematic groups, etc. (This can be prepared with different roles and responsibilities among the TWGs/ Clusters).

o Civil Rights and Freedom

o Family Environment and Alternative Care

o Health and Welfare

o Education, leisure and Cultural Activities

o Protection Measures

Each TWG coordinated by a Secretariat staff but no power (case of NGOCRC.

ALTERNATIVE REPORT BY NON-STATE ACTORS

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HOW TO REPORT (Develop a reporting process)

Mobilize financial and logistical support to prepare the report.

o Local donors

o Regional donors

o International donors

Mobilizing resources and support must be the first one after we

are clear that our country will be reviewed in an exact timeline.

ALTERNATIVE REPORT BY NON-STATE ACTORS

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HOW TO REPORT (Develop a reporting process)

Develop methodology for report – surveys, regional and national

consultations, etc. o

o

o

An extensive desk review of literature on CRC

implementation and other research literature was reviewed

to obtain statistics and information for a situational analysis of

child-related issues.

Conduct field works to interview youth groups, children,

village chiefs, villagers, NGO, donors, UN Agencies,

Government officials at central and provincial levels.

Conduct FGD with community people including children.

ALTERNATIVE REPORT BY NON-STATE ACTORS

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HOW TO REPORT (Develop a reporting process)

Develop methodology for report – surveys, regional and national

consultations, etc. o

o

o

Draft the first fact-finding according to the report guideline

shared by the Child Rights Connect.

Organize consultation workshops with members of the

coalition/network and other relevant organizations, including

groups of children and youth who actively provided feedback

on the draft report and gave valuable inputs.

Re-edit the second fact-finding report and shorten to fit the

reporting guidelines, and present to the coalition/network for a

final review.

ALTERNATIVE REPORT BY NON-STATE ACTORS

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HOW TO REPORT (Develop a reporting process)

Discuss the best way to ensure child participation o

o

Participation from children’s representative into the process of

adult NGO Alternative Report

Children Alternative Report?

ALTERNATIVE REPORT BY NON-STATE ACTORS

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HOW TO DEVELOP THE REPORT (NGO working in partnership)

Identify key non-governmental stakeholders and develop/strengthen a

coalition:

o

o

o

o

Independent NGOs (international, national and local)

Other non-governmental stakeholders (e.g. academia and

children)

Ensure broad representation from different regions of the

country

Ensure representation of different thematic areas

NGOCRC in 1994 to develop initial report to the Committee on CRC.

ALTERNATIVE REPORT BY NON-STATE ACTORS

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ALTERNATIVE REPORT BY NON-STATE ACTORS

FORM A COALITION !!! With example from the NGOCRC

How to develop the report (Working as a coalition): CRC monitoring and

reporting

A- Develop a structure that works for you (e.g. formal/ informal, size,

leadership and coordination, etc) and define roles of members of the

coalition.

B- Develop capacity within coalition to monitor the CRC (invite another

coalition or a consultant to facilitate the process).

C- Compromise different members’ interests and agendas and find ways

to include information from smaller members (often with less human

resources but valuable information).

D- Ensure ownership of process and report by coalition.

Ex.Com

Secretary Gen.

CRF FEAC HW ELCA SPM

CST

CAN

NGO Members

CRF - Civil Rights and Freedom

FEAC - Family Environment and Alternative Care

HW

ELCA

- Health and Welfare

- Education, Leisure and Cultural Activities

SPM - Special Protection Measures

WGCJ

CST

- Working Group on Child Justice

- Child Support Team

CAN - Child Advocate Network

WGCJ

ALTERNATIVE REPORT BY NON-STATE ACTORS

A- STRUCTURE AND DEFINE ROLES

OF MEMBERS

FORM A COALITION !!! With example from the NGOCRC

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- ASEAN Mechanisms

- Child Participation in their

Own Protection

- Citizenship and Child

Rights Programming

- NHRI

- Children on the Move

- Investment in Children

- Reporting writing

- Development Management

-Child Rights Monitoring

- Commune Council Work

- Advocacy and Networking

-UNCRC, its Optional Protocols

(OPSC, OPAC, OP3) and relevant

national and international laws

- UPR process

- Leadership and Management

- Fundraising

- Business and Child Right

- Financial Management

ALTERNATIVE REPORT BY NON-STATE ACTORS

FORM A COALITION !!! With example from the NGOCRC

B- DEVELOP CAPACITY BUILDING TO MONITOR THE UNCRC AND REPORTING:

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C-

ALTERNATIVE REPORT BY NON-STATE ACTORS

FORM A COALITION !!! With example from the NGOCRC

COMPROMISE DIFFERENT MEMBERS’ INTERESTS AND AGENDAS AND FIND

WAYS TO INCLUDE INFORMATION FROM SMALLER MEMBERS (OFTEN WITH

LESS HUMAN RESOURCES BUT VALUABLE INFORMATION)

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D- ENSURE OWNERSHIP OF PROCESS AND REPORT BY COALITION.

- Giving Space

- Participation

- Joint Commitment

- Joint Responsibility and Accountability

- Joint Decision

ALTERNATIVE REPORT BY NON-STATE ACTORS

FORM A COALITION !!! With example from the NGOCRC

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THANK YOU FOR YOUR ATTENTION!

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