A/HRC/13/43
I. Introduction
1.
The Human Rights Council decided, in its resolution 11/1 of 17 June 2009, to
establish an open-ended working group to explore the possibility of elaborating an optional
protocol to the Convention on the Rights of the Child to provide a communications
procedure complementary to the reporting procedure under the Convention. It also decided
that the working group should hold its first session for five working days before the end of
2009.
2.
In adopting that resolution, the Council took into consideration, inter alia, the almost
universal ratification of the Convention on the Rights of the Child, the celebration of the
twentieth anniversary of the Convention in 2009 and the fact that procedures allowing for
individual communications have been established for other core international human rights
treaties.
3.
Pursuant to this resolution, it was decided that the working group would meet from
14 to 18 December 2009. However, in view of the fact that the United Nations Secretariat
was not in a position to provide interpretation services into the six official languages on 14
and 15 December, the working group could meet only from 16 to 18 December 2009.
4.
The session was opened by Jane Connors, Director of the Special Procedures
Division and officer-in-charge of the Office of the High Commissioner for Human Rights
on 16 December 2009. Ms. Connors welcomed the interest of the Human Rights Council in
the question of a communications procedure under the Convention on the Rights of the
Child and its decision to set up the working group. She recalled that, since the adoption of
the Convention in 1989, the treaty body system had evolved significantly, particularly in
terms of drafting new instruments and adapting the working methods of the treaty bodies to
the numerous challenges they currently faced. Important landmarks in that respect were,
among others, the adoption of an optional protocol to the Convention on the Elimination of
All Forms of Discrimination against Women in 1999 and to the International Covenant on
Economic, Social and Cultural Rights in 2008, both establishing communications
procedures. The Convention on the Rights of Persons with Disabilities and its Optional
Protocol, which also provide for a communications procedure, had entered into force as
well in 2008. Further, she noted that only two more ratifications were needed for the entry
into force of the International Convention for the Protection of All Persons from Enforced
Disappearance which also includes a procedure for individual communications.
Accordingly, in the current situation, all core international human rights treaties, except the
Convention on the Rights of the Child, provide individuals with a mechanism by which
they can file complaints before the respective treaty monitoring body. Ms. Connors
encouraged delegates to carefully reflect upon the results of recent negotiations of similar
communications procedure instruments and to keep in mind the need to ensure consistency
and coherence within the existing body of international human rights law.
II. Organization of the session
A.
Election of the Chairperson-Rapporteur
5.
At its first meeting, on 16 December 2009, the working group elected Drahoslav
Štefánek (Slovakia) as its Chairperson-Rapporteur, by acclamation. Mr. Štefánek was
nominated by the core group of States (Chile, Egypt, Finland, France, Kenya, Maldives,
Slovakia, Slovenia, Thailand and Uruguay) supporting the initiative for a new optional
protocol on a communications procedure under the Convention on the Rights of the Child.
The representative of Uruguay, speaking on behalf of the core group, indicated that the
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