Tribal Resolution for UN Convention on the Richts of the Child
By : Dr. Tandie Mitchell
Santa Ysabel Band of the DIEGUENO INDIAN NATION
Tribal Resolution #05-17
Resolution to support United States ratification of the UN Convention on the Rights of the Child
WHEREAS:
For thousands of years, Native American Indians have recognized the sacredness of our children as the most fundamental aspect of Creation, and respect for them as an essential value for our cultures spiritual and physical health; and
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WHEREAS:
At the first Congressional Hearing Repatriation Meeting on Barona Indian Reservation Anthropologist Bruce Love testified that the local “connection with family ancestors and land (proven by DNA testing) extends 5,000 years and beyond”.
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WHEREAS:
Native American Indians have an inherent right and responsibility to protect and care for our children, and that these rights and responsibilities are recognized and affirmed by civilized nations in the UN Convention on the
Rights of the Child. Also stated in the Universal Declaration on Human Rights adopted by the UN General Assembly in 1948, which reads in part:
“… all human beings are born free and equal in dignity and rights,”
and also stresses that, “motherhood and childhood are entitled
to special care and protection” and refers to the family as
“the natural and fundamental group unit of society.”
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WHEREAS:
Not recognizing the human rights of the child as outlined in the UN Convention on the Rights of the Child, has resulted in the disintegration of the bond of Creation Itself throughout the entire culture affecting the entire life-cycle of every American citizen.
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NOW THEREFORE BE IT RESOLVED:
This tribe supports the UN Convention on the Rights of the Child, and calls for all other sovereign Indian Nations within the borders of the United States of America to address this issue and seek the advise of their elders to reach consensus in their traditional way, and now speak with a single voice.
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BE IT FURTHER RESOLVED:
That we hereby call upon the Congress and President of the United States to recognize and support the rights of the child by ratification of the UN Convention on the Rights of the Child without further delay.
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We the People, speaking from the Heart in the spirit of the Oral Tradition, support the
full-intention of this Tribal Resolution calling for all Sovereign Indian Nations to speak
on behalf of our children asking that the United States of America ratify the United Nations Convention on the Rights of the Child without further delay.
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Elizabeth Garrett (Cherokee) Phillip Ibanez (Lueseno) Tandie Mitchell (Assiniboine/Dakota) Joanne Shenandoah (Oneida)
Robert Freeman (Dakota/Lueseno) Jean Fleury (Crow Creek)
Jane Dumas (Kumeyaay) Lawrence Hart (Cheyenne)
Sarah Tsosie (Navajo) Patricia Parker (Choctaw)
Chad Corntassle Smith (Cherokee) Billy American Bear (Oglala Lakota) Lisa Contreas (Inaja Cosmit) Doug George (Akwesasne Mohak) Vernon Smith (Quechan) Miko Peled (Insraeli)
Steven Newcomb (Shawnee/Lenape) ) Nader Eblanna (Palestinian)
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UN CONVENTION ON THE RIGHTS OF THE CHILDSUMMARY
“The children of the world are innocent, vulnerable and dependent. They are also curious, active and full of hope. Their time should be one of joy and peace, of playing and learning and growing.” – World declaration on the survival, protection and development of children, adopted by the World Summit for Children, September 1990
In 1989 the standards concerning children were brought together in a single legal instrument, approved by the international community and spelling out in an unequivocal manner the rights to which every child is entitled, regardless of where born or to whom, regardless of sex, religion, or social origin. The body of rights enumerated in the Convention are the rights of all children everywhere.
The idea of everywhere is important. In too many countries, children's lives are plagued by armed conflict, child labour, sexual exploitation and other human rights violations. Elsewhere, for example, children living in rural areas may have fewer opportunities to obtain an education of good quality or may have less access to health services than children living in cities. The Convention states that such disparities – within societies – are also a violation of human rights. In calling on governments to ensure the human rights of all children, the Convention seeks to correct these kinds of inequities.
Education “How can we instill an understanding of fundamental human rights? Achieve sustainable social and economic development? Resolve ethnic conflict? Stop gender disparity? Put an end to child labour? Eliminate the sexual exploitation of children? Give hope to a new generation of children growing up in an ever more complex world? The answer is education -- quality, relevant education….” – Harry Sawyerr, former Minister of Education, Ghana; from “The Progress of Nations 1997”
Some people assume that the rights of children born in wealthy nations – where schools, hospitals and juvenile justice systems are in place – are never violated, that these children have no need for the protection and care called for in the Convention. But that is far from the truth. To varying degrees, at least some children in all nations face unemployment, homelessness, violence, poverty and other issues that dramatically affect their lives.
Human rights belong to each of us equally
All of us are born with human rights – a principle the Convention on the Rights of the Child makes very clear. Human rights are not something a richer person gives to a poorer person; nor are they owned by a select few and given to others as a mere favour or gift. They belong to each and every one of us equally. Children living in developing countries have the same rights as children in wealthy countries. And human rights apply to all age groups – they do not magically begin with a child's passage into adulthood, nor do they stop when the mandate of the Convention ceases on the child's reaching the age of 18.
The Convention places equal emphasis on all of the rights for children. There is no such thing as a 'small' right and no hierarchy of human rights. All the rights enumerated in the Convention – the civil and political rights as well as the economic, social and cultural rights – are indivisible and interrelated, with a focus on the child as a whole.
This indivisibility of rights is key to interpreting the Convention. Decisions with regard to any one right must be made in the light of all the other rights in the Convention. For example, it is not sufficient to ensure that a child receives immunization and health care, only for that child on reaching the age of 14 to be sold into bonded labour or conscripted into an army. It is not enough to guarantee the right to education, only to fail to ensure that all children are enrolled in school and can go to school equally, regardless of gender or economic class.
A new vision
The Convention on the Rights of the Child reflects a new vision of the child. Children are neither the property of their parents nor are they helpless objects of charity. They are human beings and are the subject of their own rights. The Convention offers a vision of the child as an individual and as a member of a family and community, with rights and responsibilities appropriate to his or her age and stage of development. By recognizing children's rights in this way, the Convention firmly sets the focus on the whole child.
THE CONVENTION ON THE RIGHTS OF THE CHILD:
Reinforces fundamental human dignity. Because of its near-universal acceptance by the community of nations, the Convention on the Rights of the Child has brought into sharp focus for the first time the fundamental human dignity of all children and the urgency of ensuring their well-being and development. Considered the most powerful legal instrument for the recognition and protection of children's human rights, the Convention draws on the following unique combination of strengths.
Highlights and defends the family's role in children's lives. In the preamble and in article 5, article 10 and article 18, the Convention on the Rights of the Child specifically refers to the family as the fundamental group of society and the natural environment for the growth and well-being of its members, particularly children. Under the Convention, States are obliged to respect parents' primary responsibility for providing care and guidance for their children and to support parents in this regard, providing material assistance and support programmes. States are also obliged to prevent children from being separated from their families unless the separation is judged necessary for the child's best interests.
Seeks respect for children – but not at the expense of the human rights or responsibilities of others. The Convention on the Rights of the Child confirms that children have a right to express their views and to have their views taken seriously and given due weight – but it does not state that children's views are the only ones to be considered. The Convention also explicitly states that children have a responsibility to respect the rights of others, especially those of parents. The Convention emphasizes the need to respect children's "evolving capacities," but does not give children the right to make decisions for themselves at too young an age. This is rooted in the common-sense concept that the child's path from total dependence to adulthood is gradual.
Endorses the principle of non-discrimination. The principle of non-discrimination is included in all the basic human rights instruments and has been carefully defined by the bodies responsible for monitoring their implementation. The Convention on the Rights of the Child states frequently that States need to identify the most vulnerable and disadvantaged children within their borders and take affirmative action to ensure that the rights of these children are realized and protected.
Establishes clear obligations. Prior to or shortly after ratifying the Convention on the Rights of the Child, States are required to bring their national legislation into line with its provisions – except where the national standards are already higher. In this way, child rights standards are no longer merely an aspiration but, rather, are nationally binding on States. Ratification also makes States publicly and internationally accountable for their actions through the process in which States report on the Convention's implementation (It is a problem with USA and Somalia that have not ratified). At the centre of the monitoring process is the Committee on the Rights of the Child, an independent, elected committee whose members are of "high moral standing" and are experts in the field of human rights.
A binding national commitment
The Convention on the Rights of the Child was carefully drafted over the course of 10 years (1979-1989) with the input of representatives from all societies, all religions and all cultures. A working group made up of members of the United Nations Commission on Human Rights, independent experts and observer delegations of non-member governments, non-governmental organizations (NGOs) and UN agencies were charged with the drafting. NGOs involved in the drafting represented a range of issues – from various legal perspectives to concerns about the protection of the family.
The Convention reflects this global consensus and, in a very short period of time, it has become the most widely accepted human rights treaty ever. It has been ratified by 192 countries; only two countries have not ratified: The United States and Somalia, which have signaled their intention to ratify by formally signing the Convention.
Like all human rights treaties, the Convention on the Rights of the Child had first to be approved, or adopted, by the United Nations General Assembly. On 20 November 1989, the governments represented at the General Assembly agreed to adopt the Convention into international law.
When a government signs the Convention, it has to widely consult within the country on the standards in the Convention and begin identifying the national laws and practices that need to be brought into conformity with these standards. Ratification is the next step, which formally binds the government on behalf of all people in the country to meet the obligations and responsibilities outlined in the Convention.
What does it mean for a country to 'sign' the Convention?
Signature constitutes a preliminary and general endorsement of the Convention by the country in question. It is not a legally binding step, but is an indication that the country intends to undertake a careful examination of the treaty in good faith to determine its position towards it. Signing the Convention does not in any way commit the country to proceed to ratification, but it does create an obligation to refrain from acts that would defeat the objectives of the Convention, or to take measures to undermine it.
What is the Convention's significance in countries that have not ratified or acceded to it?
The Convention is not formally binding upon a country that has not ratified it. Nevertheless, its provisions still carry significant weight for several reasons:
· the Convention has an effect on all countries as part of international customary law. The Convention represents an international consensus on child rights;
· the Convention was adopted unanimously by the UN General Assembly after a long process, with a large number of countries having been actively involved;
· the importance of the Convention as a guide for work on behalf of children was underlined by the 71 Heads of State/Government plus observers at the World Summit for Children; · the support of the standards contained in the Convention by a large number of countries through ratification, and the actual implementation of the standards by countries that already are States Parties will influence and guide much of the debate on child rights at the international level, with inevitable outcomes for all countries;
· the UNICEF Executive Board decided in 1991 (decision 1991/9) that all programmes should reflect the principles of the Convention, meaning that UNICEF must use the Convention as a frame of reference for all programmes, whether a country has ratified or not.
Although UNICEF cannot make reference to a legal obligation in non-ratifying countries, the Convention should be held as an international standard and staff should refer to this universal consensus on the standards of the Convention. As such, the Convention cannot be completely disregarded by any country.
While the Convention is addressed to governments as representatives of the people, it actually addresses the responsibilities of all members of society. Overall, its standards can be realized only when respected by everyone – parents and members of the family and the community; professionals and others working in schools, in other public and private institutions, in services for children, in the courts and at all levels of government administration – and when each of these individuals carries out his or her unique role and function with respect to these standards.
Guiding principles
The Convention on the Rights of the Child incorporates the full range of human rights – civil and political rights as well as economic, social and cultural rights – of all children. The underlying values – or 'guiding principles' – of the Convention guide the way each right is fulfilled and respected and serve as a constant reference for the implementation and monitoring of children's rights. The Convention's four guiding principles are as follows:
· Non-discrimination (article 2)
· Best interests of the child (article 3)
· Survival and development (article 6)
· Participation (article 12)
The text of the Convention
The Convention on the Rights of the Child outlines in 41 articles the human rights to be respected and protected for every child under the age of 18 years and requires that these rights are implemented in the light of the Convention's guiding principles.
Articles 42-45 cover the obligation of States Parties to disseminate the Convention's principles and provisions to adults and children; the implementation of the Convention and monitoring of progress towards the realization of child rights through States Parties' obligations; and the reporting responsibilities of States Parties.
The final clauses (articles 46-54) cover the processes of accession and ratification by States Parties; the Convention's entry into force; and the depositary function of the Secretary-General of the United Nations.
In May 2000 two Optional Protocols to the Convention were adopted by the General Assembly.
Definition of the child
The Convention on the Rights of the Child defines as children all human beings under the age of 18, unless the relevant national laws recognize an earlier age of majority (article 1). The Convention emphasizes that States substituting an earlier age for specific purposes must do so in the context of the Convention's guiding principles – of non-discrimination (article 2), best interests of the child (article 3), maximum survival and development (article 6) and participation of children (article 12). In reporting to the Committee on the Rights of the Child, States Parties must indicate whether national legislation differs from the Convention with regard to the defining ages of childhood.
While in some cases States are simply obliged to be consistent in setting benchmark ages – for example, in defining the age for admission to employment or for completion of compulsory education – in other cases, the Convention sets a clear upper benchmark:
· Capital punishment or life imprisonment without the possibility of release is explicitly prohibited for those under age 18 (article 37).
· While recruitment into the armed forces or direct participation in hostilities is expressly prohibited for those under age 15 according to article 38 of the Convention, an Optional Protocol to the Convention on the involvement of children in armed conflict was adopted by the General Assembly on 25 May 2000, which raises to 18 years the age of participation in hostilities and forced recruitment of children into armed forces. The United Nations has also set minimum age requirements for United Nations peacekeepers.
States are also free to refer in national legislation to ages over 18 as the upper benchmark in defining the child. In such instances and others – where national or international law sets child rights standards that are higher than those in the Convention on the Rights of the Child – the higher standards always prevail. This ensures that situations do not arise where Convention standards undermine any national provisions that are "more conducive to the realization of the rights of the child."
The path to the Convention
“Mankind owes to the child the best that it has to give....” – 1924 Declaration of the Rights of the Child
The international community progressed slowly – and only relatively recently – down the path leading to the Convention on the Rights of the Child. The first legal step was taken in 1924, when the League of Nations endorsed the first Declaration of the Rights of the Child. The United Nations Charter (1945) also laid much of the groundwork for the Convention by urging nations to promote and encourage respect for human rights and fundamental freedoms 'for all'. Other early signs of a move to recognize and protect children's rights are evident in the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948. The Universal Declaration states that "All human beings are born free and equal in dignity and rights" and also stresses that "motherhood and childhood are entitled to special care and protection" and refers to the family as "the natural and fundamental group unit of society."
Also in 1948, the General Assembly adopted a second Declaration of the Rights of the Child, a brief, seven-point statement that built on the 1924 Declaration: "By the present Declaration of the Rights of the Child…men and women of all nations, recognizing that Mankind owes to the child the best that it has to give, declare and accept it as their duty to meet this obligation in all respects…."
Adoption of the Convention
The UN General Assembly unanimously adopted the Convention on the Rights of the Child on 20 November 1989 and it entered into force – or became legally binding on States Parties – in September 1990. That same month, the world leaders at the World Summit for Children, held at the United Nations in New York, made a 'solemn commitment' to accord child rights a high priority. The World Conference on Human Rights, held in Vienna in 1993, set the end of 1995 as a target for the universal ratification of the Convention on the Rights of the Child. By the last day of that year, 185 States had ratified, making it the most widely and rapidly ratified human rights treaty in history. As of mid-2003, only two States had not yet ratified, Somalia and the United States.
Introducing Peace Project 2006 Restorative Justice Heals Event
This submission is in response to the statement of Elisabeth Garrett (Cherokee) Indigenous Youth Representative, International Indian Treaty Council, at the High Level panel, United Nations Headquarters, May 12, 2003 (Excerpts from Indian Country Today):
“…The mentoring by our experienced elders, and peer mentoring by other experienced indigenous youth, is crucial to the transfer of knowledge and the sustainability of our movements. Our knowledge is too valuable to lose simply because we fail to make the time and prioritize the resources to make this happen. Please commit to doing this in real ways…
Develop and support indigenous designed programs in conflict resolution, internalized oppression and decolonization, breaking the harmful cycle of oppression that continues to plague our people and inhibit health progress.
Call upon the remaining two UN member states, the United States and Somalia, to ratify the Convention on the Rights of the Child without further delay.”
In support of Elisabeth Garrett’s (Cherokee) call to action, announcing Peace Project 2006: Sovereign Indian Nations within the Borders of the U.S. Tribal Resolutions to support ratification by the United States of the UN Convention on the Rights of the Child. A flag representing support of the Peace Project will be the centerpiece for the October 8, 2005 RESTORATIVE JUSTICE HEALS First Annual Event at the Barona Valley Ranch Resort Golf Events Center Auction Fundraiser for Peacemaking Education.
Original Tribal Resolution Documents will be presented to the National Congress of American Indians to call for a unified vote of all Sovereign Indian Nations. The vote to support ratification of the UN Convention on the Rights of the Child by the United States, will set precedent within the UN as a voice for Indian families. As living history-in- the-making, these documents will then be submitted to the Smithsonian National Museum of the American Indian in Washington D. C.