A/HRC/37/33
the public, allowing open access to development, demographic and statistical data that
could be invaluable in a crisis (para. 21).
58.
A robust system of birth registration, maintained throughout the emergency
situation, is therefore vital to protect a child’s right to a nationality, in accordance with
article 7 of the Convention on the Rights of the Child, and prevents statelessness. In doing
so, it provides a reliable source of information. Registration documents are needed for
access to humanitarian relief, health care, education and other services, and can be crucial
for family reunification and for establishing a child’s age, which can protect a child from
child labour, early and forced marriage, and premature enlistment in armed forces.
V. International cooperation and the role of the private sector
59.
Given the fragility of some States affected by humanitarian situations, international
assistance and cooperation play an important role, particularly in the initial response. The
need for such cooperation is clearly spelled out in both international 38 and regional
instruments, and should include cooperation between States, international and regional
organizations, and national and international non-governmental organizations. Nonetheless,
Governments retain the primary responsibility to respond to their citizens, and to be the
lead actor in this regard.
60.
The private sector also has an important role to play in responding to humanitarian
situations. The Children’s Rights and Business Principles, developed by UNICEF, the
United Nations Global Compact and Save the Children, set out a framework for businesses
to respect children’s rights, including in the context of emergencies, by avoiding causing or
contributing to the infringement of children’s rights in such situations. They also call upon
businesses to help to protect children whose rights have been affected by supporting
emergency responses and making a positive contribution to peace and development. For
example, following the 2004 Indian Ocean tsunami, businesses provided or mobilized $565
million in humanitarian assistance.39
61.
Businesses operating in humanitarian situations can have a positive impact on
children’s rights through responsible and context-sensitive core business operations,
advocacy and public engagement, partnership and collective action. Their engagement in
support of children in humanitarian emergencies can also include business-to-business and
business-humanitarian cooperation. In addition, they can take the lead in encouraging
others – both States and businesses – to act.40 For example, Deutsche Post DHL, in
conjunction with the Office for the Coordination of Humanitarian Affairs, has helped to
develop a database to track in-kind contributions to identify outstanding needs and help to
reduce unsolicited donations in humanitarian situations. The company has also worked with
the United Nations Development Programme and the Governments of Bangladesh,
Indonesia, Lebanon, Nepal and Turkey on “Get airports ready for disasters” projects to
prepare airports to receive incoming relief cargo following a natural disaster (A/67/363,
para. 44).
62.
States are not relieved of their obligations under the Convention on the Rights of
the Child and the Optional Protocols thereto when their functions are delegated or
outsourced to a private business or non-profit organization.41 States must require business to
undertake rigorous child rights due diligence and child rights impact assessments. This can
include a requirement to publish actions taken to ensure that companies’ operations do not
contribute to serious violations of children’s rights, and a prohibition on the sale or transfer
38
39
40
41
See for example Convention on the Rights of the Child, arts. 4, 24(4) and 28(3), and Committee on
the Rights of the Child, general comments No. 5 (2003), paras. 60-62, and No. 19, paras. 35-39.
See Stephen A. Zyck and Randolph Kent, Humanitarian crises, emergency preparedness and
response: the role of business and the private sector, UKaid, July 2014.
UNICEF, Children in Humanitarian Crises (see footnote 2), p. 27.
Committee on the Rights of the Child general comment No. 16 (2013).
13
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