Alternative Report on Australia's Compliance with the Convention on the Rights of the Child

1. Alternative Report toUN Committee on Rights of the Child Sydney Workshop 3 June 2004

2. UN Committee on the Rights of the Child • Convention on the Rights of the Child unanimously adopted by UN General Assembly on 20 Nov 1989 • Mostly widely ratified international convention • Specifically provides for NGO involvement • Monitoring of compliance with obligations by means of States’ reports to UN Committee • Consists of 10 independent experts

3. UN Committee on the Rights of the Child • Australia ratified on 17 Dec 1990 • Australia’s First report submitted in Dec 1995 • Late – required within 2 years (Jan 1993) • Considered by Committee in Sept 1997 together with alternative report prepared by DCI in Nov 1996 • Australia’s Second and Third Combined Report printed March 2003, submitted Sept 2003 • Backlog but late again – 3rd report due Jan 2003

4. UN Committee’s Concluding Observations in Response to 1st Report Positive Comments • Wide range of welfare services • Universal free education and advanced health system • Efforts in relation to law reform eg • Family Law Act amendments • Crimes (Child Sex Tourism) Amendment Act 1994 • Firm commitment to adopting measures for implementing rights of the child

5. UN Committee’s Concluding Observations in Response to 1st Report ■ Deep, particularconcerns • The minimum age of criminal responsibility (7, 10 years) • The “unjustified, disproportionately high percentage of aboriginal children in the juvenile justice system” and especially mandatory detention • Spread of homelessness amongst young people and subsequent risk • Special problems still faced by Aboriginal and Torres Strait Islander children especially in education and health

6. UN Committee’s Concluding Observations in Response to 1st Report ■ Concerns • No provision for complaints in Australian courts on the basis of the Convention • The reservation to Article 37 (c) • Lack of comprehensive policy for children at the Federal level • Poor public understanding of the Convention • Respect for the views of the child not being fully applied • No minimum age for children’s employment

7. UN Committee’s Concluding Observations in Response to 1st Report ■ Concerns • Local legislation allowing local police to remove children and young people congregating • Treatment asylum seekers and refugees from their children, and their placement in detention centres • Lack of prohibition of corporal punishment • Lack of entitlement to maternity leave for women in the private sector • Possible deprivation of citizenship children where a parent loses citizenship

8. NGO consultation ? ■ States party are required to make their reports widely available to the public in their own countries • Encouraged to include NGOs in the consultation process for their own report but … • Process in 2nd / 3rd report ? • One short para p 2 – “sought the views of NGOs ..”

9. What is an Alternative Report? ■ The Committee seeks specific, reliable and objective information from NGOs  to obtain a serious and independent assessment of progress and difficulties encountered in the implementation of the Convention. • The consideration of NGO information is an essential element in the monitoring process. (p. 4 Guidelines for NGOs)

10. What is an Alternative Report? ■ The specific, reliable and objective information from NGOs should cover:  information on areas where the government report does not give sufficient information and  information on the areas not covered all, in the opinion of the NGOs, covered incorrectly or misleadingly (p. 4 Guidelines for NGOs)

11. Aim of Alternative Report? ■ The aim of the NGO report should be to undertake systematic analysis of the extent to which law, policy and practice in the State party complies with the principles and standards of the Convention. • The report should reflect the experience of children throughout the State party and … • differences in legislation, administration of services, culture and environment of different jurisdictions. (p. 6 Guidelines for NGOs)

12. Aim of Alternative Report? ■ The report should draw upon the widest possible sources of knowledge, information sources, expertise, and experience and views, and experiences of children • Government statistics • Verbatim records of Parliamentary/legislative proceedings • Reports published by organisations and professional bodies • Published research • Key issues should be identified through consultation with key organisations and individuals. (p. 6 Guidelines for NGOs)

13. Aim of Alternative Report? ■ To makeconcrete recommendations • To improve the situation of children in the country • About the role NGOs can play in implementing the Convention • Focus on a limited number of issues considered to be priorities. • NGOs may indicate questions or issues for the committee to raise with the government (p. 6 Guidelines for NGOs)

14. Format of Alternative Report? • Section by section analysis of the State party report • Eight themes or clusters of articles • General measures and implementation • Definition of the child • General principles • Civil rights and freedoms • Family environment and alternative care • Basic health and welfare • Education, leisure and cultural activities • Special protection measures

15. First Alternative Report? • Focussed on 6 of 8 themes • Not “Definition of the child” or “Civil rights and freedoms” • Included specific actions required • Specific concerns • Lack of national agenda for children or structural provisions eg Commissioners / Office for Children • Lack of effectiveness of anti-discrimination laws • Lack of advocacy and protection for children in care • Indigenous children • Children seeking asylum • Exclusion of children from schools • Homeless children • Lack of definition and application of best interests

16. Format of Alternative Report? All in 30 pages!