World
Organisation
Against
Torture
P.O. Box 21 - 1211 Geneva 8
Switzerland
Tel.: 0041/22 809 49 39 / Fax: 0041/22 809 49 29
E-mail: omct@omct.org / Web: www.omct.org
Violence against children and UN mechanisms:
A new procedure to address
children’s rights?
OMCT Study on the need for a UN Special
Rapporteur on Violence against Children
November 2001
A working document for OMCT Conference on
“Children, torture and other forms of violence”
27 November – 2 December 2001, Tampere, Finland
Violence against children and UN mechanisms:
A new procedure to address children’s rights?
I.
OMCT study on child concerns within existing
UN Special Mechanisms.......................................................... 1
1. Introduction to and scope of the study ........................................ 1
2. Results .......................................................................................... 2
II.
The Need for a UN Special Rapporteur on Violence
against Children ...................................................................... 3
1. Introduction.................................................................................. 3
2. The need for new ways of implementing the rights of the child. 4
3. The need for integrating the implementation
of the rights of the child ............................................................... 4
4. The need for addressing all forms of violence ............................ 5
5. The need for a holistic approach to violence against children .... 5
III. Proposal for a UN Special Rapporteur on Violence
against Children ...................................................................... 6
1. Scope of activities ........................................................................ 6
2. Mandate ....................................................................................... 7
Annex ........................................................................................ 9
A. Addressing the rights of the child within the existing Special
Mechanisms of the UN Commission on Human Rights:
OMCT Study on the 57th Session of the Commission ........................ 9
B. Mandates of the UN Special Mechanisms .......................................... 14
C. Statistics on responses of Special Mechanisms to
OMCT Urgent Appeals in cases of Violence against Children ........ 24
C 1. Overall statistics .......................................................................... 24
C 2. Statistics by violation .................................................................. 25
C 3. Statistics by mechanism .............................................................. 27
D. OMCT 2000 Urgent Appeals in cases of Violence against
Children: Responses of UN Special Mechanisms .............................. 29
E. OMCT 1999 Urgent Appeals in cases of Violence against
Children: Responses of UN Special Mechanisms .............................. 37
I. OMCT study on child concerns within existing
UN Special Mechanisms
1. Introduction to and scope of the study
Regularly, OMCT receives and acts upon information that tells of the significant and unbearable abuses against children. Having discovered some ten years ago the unsuspected and
unprecedented scale of atrocities, OMCT created a specific programme to address the issues.
Towards that end, OMCT’s programme of action includes urgent appeals, targeted towards
institutions and organisations, both national and international, that are capable of acting to
stop and redress the violence. The appeals also aim at encouraging the rapid circulation of
information to NGOs as well as intergovernmental and regional organisations liable to take
action and to put pressure on national authorities responsible for those violations.
OMCT's mandate covers the following human rights violations: torture, summary executions,
disappearances, arbitrary detentions, psychiatric internment for political reasons, and all other
cruel, inhuman or degrading treatment or punishment. In principle, the violations of children's
rights reported in the urgent appeals fall under the existing special mechanisms of the
Commission on Human Rights. In order to establish which mandate eventually covers a
specific case, much depends on the definition of the violation in question. This is particularly
true when it comes to defining torture in cases of violence against children.
A more general perspective of the problem of violence against children reveals that various
forms of extreme violence constitute a part of a systematic phenomenon rather than isolated
cases. As it has become apparent through OMCT’s monitoring of government reports on the
implementation of the Convention on the Rights of the Child, children suffer systematically
from extreme forms of violence on different levels, including family, work place, street,
private and public institutions, etc.
As the High Commissioner for Human Rights, Mrs Mary Robinson, noted at the 28 th session
of the Committee on the Rights of the Child in September 2001, "the human rights of children
are violated not only when violence is exerted by agents of the State, but also when States fail
to live up to their obligation to protect children from violence suffered at the hands of
others".1 Bearing in mind that children are full-fledged subjects of rights, they must be treated
accordingly and receive effective protection within the various mechanisms designed to
safeguard those rights. Any relative deprivation with regard to procedural mechanisms needs
to be eradicated. Therefore, integrated ways of fighting all forms of violence against children
must be established, all the same while continuing to promote a child rights perspective within
the existing mechanisms.
1
Committee on the Rights of the Child, 28th session, Discussion on “Violence Against Children, Within the
Family and in Schools”, 28 September 2001 (CRC/C/111), para. 8.
1
In light of this, OMCT has undertaken a study into the working of UN Human Rights
mechanisms, which consists of two parts:
 An analysis on how and to what extent the existing special mechanisms have addressed
violations of children's rights within their mandates, at both a theoretical (definition of the
relevant mandate) and a practical (outcome as described in the 2001 reports) level.
 An analysis of OMCT Urgent Appeals in 1999 and 20002 covering a total number of
roughly 400 child victims of torture or other cruel, inhuman or degrading treatment or
punishment. The analysis aimed at finding out whether the appeal cases provoked any
response by existing mechanisms and how effective the different mechanisms worked with
regard to OMCT urgent appeals concerning children.
2. Results
The following main conclusions can be drawn from the first part of the study on existing
special mechanisms:
 The Special Rapporteur on the question of torture takes up individual cases of torture or
other cruel, inhuman or degrading treatment or punishment of children. He has also declared that extreme forms of abuse and neglect in institutions could possibly fall under his
mandate. He also takes up cases of arbitrary detention of children, where the risk of torture
is very high.
In 2000, approximately 7,5 % of cases covered by the SR on torture concerned children.3
 The Special Rapporteur on violence against women possibly covers violence against girls
in the family, in the community and by the state. One must ask why boys, when victims of
the same form of violence, do not have access to similar mechanism.
 The Special Rapporteur on extrajudicial, summary or arbitrary executions includes under
her mandate all life threats to children, including death sentences. She also considers
crimes committed in the name of “honour”.
In 2000, cases involving children constituted 6-10 % of her work.4
 The Working Group on Arbitrary Detention did not consider any case concerning children
in 2000.5 This is disturbing considering the high frequency of cases involving deprivation
of liberty to children and the long periods spent by children awaiting trial.
It has to be stated that low percentages of cases involving children within certain procedures
might also result from a scarcity of information produced for them.
2
See Annex D and E.
See Annex A, p. 9.
4
See Annex A, p. 10.
5
See Annex A, p. 10.
3
2
While the data sample used for the study on OMCT Urgent Appeals is somewhat limited
(e.g. only UN reports of 2000 and 2001 covered), it does reveal certain trends:
 As one discovers from the comprehensive statistics of urgent appeals and their outcome,
the ratio of cases taken up by UN mechanisms is generally higher (about twice as high)
than the proportion of the victims concerned.6 This shows that single cases are more likely
to be taken up by a procedure than the ones covering a group of victims.
This phenomenon can be seen with all forms of violations, with the exceptions of extrajudicial, summary or arbitrary executions and violence against female children, which
seem to attract more attention by UN mechanisms when several victims are involved.7
 Looking at the most usual violations, cases of extrajudicial, summary or arbitrary executions are most often acted upon (65 % of 1999/00 urgent appeals), followed by torture
(44 %) and last cases of arbitrary arrest and detention (37 %).8
 Comparing the statistics by violation with the ones by mechanism, it becomes obvious that
the considerable proportion of response to arbitrary arrest and detention9 does not
correspond with the ratio of cases taken up by the Working Group on Arbitrary Detention10
(only 10 % of 1999/00 appeals considered, covering merely 3 % of victims concerned in
these cases). The 2001 report of the Working Group reconfirms this finding with no single
reported case of detention of children.11 This means that other mechanisms (like the SR on
torture) have filled this gap.
II. The Need for a UN Special Rapporteur on Violence
against Children
1. Introduction
Because of their particular vulnerability, children need special protection against torture and
other forms of violence under international law. This means that specific children’s rights
standards must be applied to them when general human rights are not adequate. This is the
main reason why the Convention on the Rights of the Child (the Convention) was adopted in
1989 (see para. 9 of the Preamble). This Convention not only enshrines a set of substantive
provisions, but also creates a specific monitoring mechanism, the Committee on the Rights of
the Child (the Committee).
However, despite the existence of this Committee, the need for other international mecha6
See Annex C 1.
See Annex C 2.
8
See Annex C 2.
9
See Annex C 2.
10
See Annex C 3.
11
See Annex A, p. 10.
7
3
nisms of implementation still remains. More particularly, there are various reasons which
require the nomination of a UN Special Rapporteur on violence against children.
2. The need for new ways of implementing the rights of the child
The mandate of the Committee is far too limited, since it only covers the examination of
reports on the implementation of the Convention that States Parties must submit within two
years of the entry into force of the Convention, and then every five years. 12 Contrary to other
UN Committees13, the Committee is not allowed to receive individual complaints. Moreover,
it has no mandate either to lead in-depth investigations on determined situations.
The establishment of a Special Rapporteur on violence against children would partly fill this
gap. His/her mandate would include, among others, the right to seek and receive credible and
reliable information on a permanent basis, to resort to urgent action procedure on individual
cases or to make on-site visits to investigate allegations of violence against children.
The example of the international fight against torture shows that the mandates of the UN
Committee against torture and of the UN Special Rapporteur on torture are complementary.
Both mechanisms propose different ways of fighting the same phenomenon. If this is true in
the case of torture, it would be contradictory to deny it in the case of violence against
children. Such consideration is particularly important if we consider that the Convention
against Torture defines torture in a way which is not sensitive to the special status of children.
3. The need for integrating the implementation of the rights of the child
The current way of dealing with children’s rights within the UN system is far too decentralized. The monitoring of these rights is distributed between various mechanisms whose main
mandates focus on different human rights. As a result, there is no clear allocation of responsibility and, consequently, accountability is lost and leadership is lacking.
OMCT’s study on child concerns within existing UN Special Mechanisms (particularly regarding the 57th session of the UN Commission on Human Rights) has shown that these mechanisms still do not sufficiently integrate children’s rights within their activities. Most of them
either do not examine the situation of children or propose inconsistent or ad hoc analysis.14
The mainstreaming of children’s rights among the UN Commission on Human Rights mechanisms would be insufficient, since it would still ignore the need for an integrated approach.
Moreover, without anyone to specifically ensure that their interests are mainstreamed,
children will undoubtedly fall through the system yet again. Therefore, the implementation of
the rights protecting children against violence require the creation of a single and accountable
person or group able to propose unified, systematic and coordinated responses.
12
See article 44 of the Convention on the Rights of the Child.
The Human Rights Committee, the Committee against Torture, the Committee on the Elimination of Discrimination against Women, the Committee on the Elimination of Racial Discrimination.
14
See above, pp. 1-3, and below Annex A.
13
4
Finally, nominating a Special Rapporteur would keep the problem of violence against children
on the international agenda and consequently assure more visibility to it. The Special Rapporteur would keep informing public opinion and maintain pressure on governments.
4. The need for addressing all forms of violence
The creation of a Special Rapporteur would set up the first international mechanism entitled
to address all forms of violence against children.
There already exist many thematic mechanisms that should, according to their mandates,
respond to instances of violence against children, such as torture, extrajudicial, summary or
arbitrary executions, arbitrary detention, forced disappearances, sale of children, child prostitution and pornography or racism.
However, there are many other forms of violence against children, such as violence in
schools, orphanages and other institutions, in the home, in the workplace or on the streets, that
still must be addressed. These forms of violence include abuses perpetrated both by state and
non-state actors.
Some of these forms of violence are already taken into account by the UN Special Rapporteur
on violence against women, whose mandate include, among others, violence within the family
and in the community. However, this mandate, with regard to children, is limited to violence
against girls. Boys, i.e. half of the child population, cannot be protected under this
mechanism.
Therefore, the current way of addressing violence against children at the international level is
partial. Some provisions of the Convention on the Rights of the Child, such as article 19,
which are aimed at ending this phenomenon, are not taken into account by the UN Commission implementation system. This may give the feeling that these provisions are less important
than others. The nomination of a Special Rapporteur would ensure an equal implementation
of the rights prohibiting all forms of violence against children.
5. The need for a holistic approach to violence against children
Violence perpetrated against children may be very complex, including both socio-economic
and civil and political factors. In its Thematic Discussion Day on “Violence Against Children,
Within the Family and in Schools”, the Committee on the Rights of the Child urged “agencies
and bodies of the UN system to adopt a more integrated multisectoral approach to the prevention of violence against children, including inter alia through public health and epidemiological approaches, consideration of poverty and socio-economic marginalization, and the impact
of multiple forms of discrimination”.15 Such an approach may only be adopted by a mechanism able to globally examine violence against children and to propose responses integrating
all the factors contributing to it.
15
Committee on the Rights of the Child, 28th session (CRC/C/111), Discussion on “Violence Against Children,
Within the Family and in Schools”, Friday 28 September 2001, Part II para. 10.
5
This necessity has also been pointed out by the Special Rapporteur on extrajudicial, summary
or arbitrary executions herself in a particular case, when she noted that violence against street
children deserves "special attention". In para. 67 of her 2001 report, 16 she emphasized that
"these killings are symptoms of deeply rooted and complex social, economic and political
problems..." and that "[street children] need special attention for survival".
The Special Rapporteur also noted that "policies and action are required to identify and
address the underlying causes of this problem, which include a wide range of social and
economic issues" (para 68). That is, the Special Rapporteur believes that a holistic approach
to violence against street children is needed. Obviously, the same conclusion may be applied
to violence affecting other children than street children, such as violence in the family or in
institutions.
III. Proposal for a UN Special Rapporteur on Violence
against Children
1. Scope of activities
The Special Rapporteur on violence against children should, among others, examine torture
and other forms of violence committed by State agents or with their acquiescence. He/she
should also focus on State violence resulting from negligence on the part of State agents and
from failure to exercise due diligence to prevent, investigate, prosecute or punish those
responsible for violations of the rights of the child.
One of the most difficult tasks in creating a Special Rapporteur on Violence against Children
would be to establish the scope of his/her activities. The notion of violence against children is
not clearly defined and thus is open to different interpretations. As a result, it would be very
difficult to make a list of forms of violence that the Special Rapporteur should address. If this
list is too restrictive, it may exclude forms of violence which affect a wide number of children
and unduly prioritize certain forms of violence to the detriment of others. Conversely, if it is
too broad, the Special Rapporteur will not have the resources and time to do more than a
superficial survey of the issue.
Moreover, in order to avoid overlapping activities, the Special Rapporteur’s scope of activities should be established taking into account the work of other related UN thematic mechanisms, such as, in particular, the Special Rapporteur on Torture, the Special Rapporteur on the
sale of children, child prostitution and child pornography, the Special Representative of the
Secretary-General for children and armed conflicts and the Special Rapporteur on violence
against women.
Bearing in mind these preliminary remarks, the scope of the Special Rapporteur’s activities
could extend, inter alia, to:
16
E/CN.4/2001/9, 11 January 2001.
6

Physical and psychological violence in police custody and other places of detention

Physical and psychological violence in schools, orphanages or other institutions

Physical and psychological violence in the family

Physical and psychological violence in the workplace

Physical and psychological violence on the streets

Extrajudicial, summary or arbitrary executions and threat or use of capital punishment
for offences committed below the age of 18

Enforced or involuntary disappearances

Judicial guarantees before and during the trial

Criminal sanctions (including life imprisonment)

Reparation, including compensation, rehabilitation and reintegration
In order to fulfill this task, the Special Rapporteur would develop her/his activities in the light
of the Convention on the Rights of Child, other international instruments and other relevant
international standards, such as the UN Standard Minimum Rules for the Administration of
Juvenile Justice (“The Beijing Rules”), the UN Guidelines for the Prevention of Juvenile
Delinquency (“The Riyadh Guidelines”) and the UN Rules for the Protection of Juvenile
Deprived of their Liberty.
2. Mandate
The responsibilities of the Special Rapporteur could be fulfilled by:

seeking and receiving credible and reliable information from governments, UN bodies,
specialized agencies, regional intergovernmental organizations and NGOs, as well as
medical, forensic and other experts;

receiving individual communications;

resort to urgent action procedure when a serious violation of children’s human rights is
about to be committed;

making on-site visits and/or appointing regional representatives to investigate allegations of violence and abuse and making reports and recommendations to the government involved;

monitoring the implementation of existing standards, including States’ obligation to
prevent, to stop, to investigate and to punish acts of violence perpetrated against
children, as well as to provide adequate compensation and to promote recovery and
reintegration of the victim;

facilitating, through its good offices, the restoration of an attitude of respect for the
Convention on the Rights of the Child and for other instruments aimed at protecting
children against violence;
7

educating and advising states on bringing their law, policy and practice into conformity with the Convention on the Rights of the Child and other relevant standards;

making annual reports to the UN Commission on Human Rights, detailing findings, as
well as conclusions and recommendations on ways and means to better protect
children from violence;

drawing particularly serious cases to the attention of the High Commissioner for
Human Rights;

cooperating closely with the UN Committee on the Rights of the Child and with other
relevant UN bodies and specialized agencies, as well as regional organizations and
NGOs;

compiling and analysing existing rules and norms, root causes of the problem, prevention and long-term solutions, taking into account specific situations.
8
Annex
A. Addressing the rights of the child within the existing Special
Mechanisms of the UN Commission on Human Rights:
OMCT Study on the 57th Session of the Commission
The following statistics and comments are based on an analysis of the reports presented to the 57 th session of the
UN Commission on Human Rights by various thematic and country mechanisms. 1 These conclusions show that
these mechanisms still do not sufficiently integrate children’s rights within their activities. Most of them either
do not examine the situation of children or propose inconsistent or ad hoc analysis
Special Rapporteur on Torture
Total Cases
During the period under review, the SR sent 164 urgent appeals to 56 Governments on behalf of about 470
individuals and 11 groups involving about 1,000 persons with regard to whom fears that they might be
subjected to torture and other forms of ill-treatment had been expressed. He also sent 66 letters to 60 countries
on behalf of about 650 individuals and 28 groups involving about 2,250 persons.
Cases Involving Children
Among the individuals concerned by the urgent appeal procedure, 35 were known to be children. Among the
individuals concerned by the letter procedure, 50 were known to be children. Therefore, the cases concerning
children constituted approximately 7,5 % of the Special Rapporteur’s work in the year 2000.
Special Rapporteur on Violence Against Women
Comments
In her 2001 report, the Special Rapporteur offers extensive general observations about the situation of the girl
child throughout the world, including common forms of violence and ill-treatment. In particular, the SR gives a
lot of attention to violence committed against girl children, particularly during armed conflict. However, the
2001 report offers very few examples of individual cases of violence against children and the Special
Rapporteur's specific response to such incidents.
Special Rapporteur of the Commission on Human Rights on Extrajudicial, Summary or
Arbitrary Executions
Total Cases
During the period under review the Special Rapporteur transmitted 116 urgent appeals. The urgent appeals
transmitted concerned 339 individuals and groups of people.
In addition, the Special Rapporteur transmitted allegations regarding violations of the right to life of more than
700 individuals.
Total Cases Involving Children
During the period under review, the Special Rapporteur transmitted urgent appeals on behalf of 6 children.
In addition, the Special Rapporteur sent allegations of violations of the right to life of 67 children.
The Special Rapporteur further sent a letter to the Government of Burundi transmitting allegations of summary
executions of a group of 43 persons, including a "large number" of children, by government soldiers in Kabezi
on 31 December 1999.
1
Only the Report 2000 on the Palestinian Occupied Territories was presented at the 56th session of the
Commission.
9
Comments
1. The cases concerning children constituted approximately 6-10% of the Special Rapporteur’s work in the year
2000.
2. The Special Rapporteur's report suggests that she is very concerned about the plight of children and
recognizes the special risks they face. However, the fact that such a small percentage of her cases concern
violations against children might reflect that insufficient resources are allocated to this mechanism to protect
children's rights.
Working Group on Arbitrary Detention
Total Cases
The total number of cases dealt with by the Working Group during the period from January -December 2000 was
164.
Total Cases Involving Children
In the entire 2001 report, there are 0 reported cases of detention of children.
Comments
The cases concerning children constituted 0% of the Working Group’s work in the year 2000. No particular
attention was paid to the rights of the child.
Working Group on Enforced or Involuntary Disappearances
Total Cases
During 2000, the Working Group transmitted 487 new cases of disappearances which occurred in 29 countries;
120 of these cases occurred in 2000.
Total Cases Involving Children
In the entire 2001 report, there are 0 reported cases of children as victims of disappearances.
The 2001 report makes 1 general reference to "children" as victims of disappearances. Here, the report refers to
"children" generally as among the several groups of persons who have been subjected to enforced or involuntary
disappearance in Jammu and Kashmir, India (para. 60).
Comments
1. Cases concerning children constituted 0% of the Working Group on Enforced or Involuntary
Disappearances's work in the year 2000. No particular attention was paid to the rights of the child.
2. The Working Group stressed in its report that it was understaffed and its available resources fall far short of
what are needed to complete the tasks presently assigned to it by the Human Rights Commission
(Introduction, para 7 and 8). With resources already extremely lacking, it is unlikely that the Working Group
will increase its attention to cases involving children in the near future.
Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination,
Xenophobia and Related Intolerance
Total Cases
There are no statistics in the report regarding the total number of cases in which the Special Rapporteur took
action during the year 2000.
Total Cases Involving Children
According to cases cited in the report, the Special Rapporteur on Racism took action on only 2 cases involving
children during the year 2000.
Comments
In the 2001 report, children are more often cited as perpetrators, not victims, of racism.
10
Special Representative of the Secretary-General on Internally Displaced Persons
The 2001 Report does not give any statistics on the total number of cases taken up by the Special Representative
or the total number of violations against children. For more specific information on the types and numbers of
violations, please refer to the 2001 Report Addendums on Angola, Armenia, Burundi, and Georgia.
Special Representative of the Secretary-General on Internally Displaced Persons
2001 Report Addendum: Angola
Total Cases
Out of a total population of around 12 million, there are an estimated 3.8 million internally displaced persons, of
whom 2.6 million have become displaced since January 1998.
Total Cases Involving Children
The Special Representative offers no statistics regarding how many of the 3.8 million displaced persons in
Angola are children.
Comments
1. The language of the 2001 report suggests that the Representative is generally concerned about internally
displaced children in Angola.
2. However, the fact that the report lacks even basic statistics regarding the number of internally displaced
children suggests that insufficient attention is being paid to the particular plight of children by this
mechanism.
3. In addition, the report makes general reference to "reports" of torture, murder, and ill-treatment of children.
However, the report cites no specific cases of violence against children, nor is there any information about
whether the Representative has taken concrete steps to remedy these incidents of ill-treatment of children.
4. In other words, although the Representative acknowledges the ill-treatment of displaced children in Angola,
he has taken little or no action to decrease the incidence of violence against children in particular.
Special Representative of the Secretary-General on Internally Displaced Persons
2001 Report Addendum: Armenia
Total Cases
According to government figures, there are 192,000 internally displaced persons in Armenia.
Total Cases Involving Children
The Special Representative offers no statistics regarding how many of the 192,000 displaced persons in
Armenia are children. In the entire 19 page Addendum Report, the Representative makes reference to children
only 2 times. These excerpts merely describe the problems children face, without offering any proposed solution
or response.
Comments
1. The fact that this report lacks even basic statistics regarding the number of internally displaced children
suggests that insufficient attention is being paid to the particular plight of children by this mechanism.
2. This report cites no specific cases of violence against children, nor is there any information about whether
the Representative has taken concrete steps to remedy these incidents of ill-treatment of children.
3. In other words, the Special Representative has taken little or no action in Armenia to decrease the incidence
of violence against children in particular.
Representative of the Secretary-General on Internally Displaced Persons
2001 Report Addendum: Burundi
Total Cases
There are 808,000 internally displaced persons in Burundi, or 12 per cent of the population
11
Total Cases Involving Children
The Special Representative offers no statistics regarding how many of the 808,000 displaced persons in Burundi
are children. In the entire 20 page Addendum Report, the Representative makes reference to children only 2
times, both with regard to the country's education policies .
Comments
1. The fact that this report lacks even basic statistics regarding the number of internally displaced children
suggests that insufficient attention is being paid to the particular plight of children by this mechanism.
2. This report cites no specific cases of violence against children, nor is there any information about whether
the Special Representative has taken concrete steps to remedy these incidents of ill-treatment of children.
3. In other words, the Special Representative has taken little or no action in Burundi to decrease the incidence
of violence against children in particular.
Representative of the Secretary-General on Internally Displaced Persons
2001 Report Addendum: Georgia
Total Cases
According to government as well as NGO figures, there are in Georgia today some 280,000 internally displaced
persons who have been uprooted as a result of armed conflict, out of a population of just over 5 million (para.
11).
In addition, the Government reports that some 20,000 persons were internally displaced as a result of natural
disasters, in particular floods, earthquake and landslides, which occurred in the Svanetia and Ajara regions
between 1987 and 1989 (para. 12).
Total Cases involving Children
Of the current internally displaced population in Georgia, an estimated 36 per cent are children (para. 23). This
report gives more attention to the plight of children than the Addendum reports of Angola, Armenia, and
Burundi.
However as with the other Addendum reports, this report cites no specific cases of violence against children, nor
is there any information about whether the Representative has taken concrete steps to remedy these incidents of
ill-treatment of children.
In other words, the Representative has taken little or no action in Georgia to decrease the incidence of violence
against children in particular.
Special Rapporteur on the Human Rights of Migrants
Total Cases
During the period under review the Special Rapporteur transmitted 5 urgent appeals.
In addition, the Special Rapporteur submitted 2 communications to governments through normal channels.
Total Cases Involving Children
In the entire 2001 report, there are 0 reported cases of violations of the rights of the child.
Comments
1. Cases concerning children constituted 0% of the Special Rapporteur on Human Rights of Migrant's work in
the year 2000.
2. The Special Rapporteur exhibits significant concern for the rights of children and considers the unique
problems of children to be a central part of her mandate. However, despite her general statements of concern
for the welfare of children, the SR failed to report on a single case involving children during the year 2000.
3. The Special Rapporteur refers to the Convention on the Rights of the Child as part of the legal framework for
her mandate (para. 29).
12
Special Rapporteur on the Use of Mercenaries
Total Cases involving Children
In the entire 2001 report on the Use of Mercenaries, the SR makes specific mention of the effect of use of
mercenaries on children only 1 time.
Action Taken and Results
According to the 2001 report, the Special Rapporteur has taken no action to decrease the incidences of violence
against children in particular.
Special Rapporteur on the Democratic Republic of the Congo
Total Cases
The Special Rapporteur cites 218 cases of violations of human rights in his 2001 report.
Total Cases Involving Children
Of these, 6 cases concern violations of the rights of children.
General
The Special Rapporteur notes that the list of violations in his 2001 report is "non-exhaustive." Nonetheless, the
fact that so few of the cases which the Special Rapporteur chose to include in his report concern violations
against children suggests that this mechanism is not strongly committed to protecting children from violence, at
least compared to his commitment to other groups of persons with which the mandate is concerned.
Special Rapporteur on Palestinian Occupied Territories
General
1. The 2000 report suggests that the Special Rapporteur is sensitive to the special needs and problems of
children. For instance, he notes the serious psychological trauma of children who are exposed to violence
(para. 38).
2. He also uses a child-centered approach in analyzing violations of their rights: for example, in speaking of the
arbitrary arrest of minors by Israeli forces, the Special Rapporteur notes that these acts violate the Convention on the Rights of the Child (para. 39).
3. The Special Rapporteur also notes that in remedying human rights violations, particular attention should be
devoted to "especially vulnerable" groups such as children (para. 72).
4. The 2000 report is exemplary in its use of concrete statistics on the numbers and types of violations against
children.
5. Nonetheless, the Special Rapporteur fails to report on individual violations and actions taken in response by
the mechanism.
13
B. Mandates of the UN Special Mechanisms
Special Rapporteur of the Commission on Human Rights on the Question of Torture
(1985), to be designated
Resolution of the UN Commission on Human Rights, E/CN.4/RES/2001/62, 25 April 2001
“The Commission on Human Rights (…)
30. Approves the methods of work employed by the Special Rapporteur as set out in a
previous report (E/CN.4/1997/7, annex), in particular with regard to urgent appeals,
encourages him to continue to respond effectively to credible and reliable information that
comes before him and invites him to continue to seek the views and comments of all
concerned, including Governments, in the elaboration of his report;
31. Invites the Special Rapporteur to continue to consider questions concerning torture and
other cruel, inhuman or degrading treatment or punishment directed against women and
conditions conducive to such torture, to make appropriate recommendations concerning the
prevention and redress of gender-specific forms of torture, including rape or any other form of
sexual violence, and to exchange views with the Special Rapporteur on violence against
women with a view to enhancing further their mutual cooperation;
32. Also invites the Special Rapporteur to continue to consider questions relating to the torture
of children and conditions conducive to such torture and other cruel, inhuman or degrading
treatment or punishment and to make appropriate recommendations concerning the prevention
of such torture;
33. Calls upon all Governments to cooperate with and assist the Special Rapporteur on the
question of torture in the performance of his task, to supply all necessary information
requested by him and to react appropriately and expeditiously to his urgent appeals;
34. Urges those Governments that have not yet responded to communications transmitted to
them by the Special Rapporteur to answer without further delay;
35. Calls upon all Governments to give serious consideration to the Special Rapporteur's
requests to visit their countries and urges them to enter into a constructive dialogue with the
Special Rapporteur with respect to the follow-up to his recommendations, so as to enable him
to fulfil his mandate even more effectively;
36. Requests the Special Rapporteur to continue to consider inclusion of information in his
report on the follow-up by Governments to his recommendations, visits and communications,
including both improvements and problems encountered;
37. Considers it desirable that the Special Rapporteur continue to exchange views with the
relevant human rights mechanisms and bodies, especially the Committee against Torture and
the Office of the United Nations High Commissioner for Human Rights, in particular with a
view to enhancing further their effectiveness and mutual cooperation, while avoiding
unnecessary duplication with other special procedures, and that he pursue cooperation with
relevant United Nations programmes, notably that on crime prevention and criminal justice;
(…)”
14
Report of the Special Rapporteur, Sir Nigel Rodley, submitted pursuant to Commission on
Human Rights resolution 1999/32*, E/CN.4/2000/9, 2 February 2000
“I. MANDATE AND METHODS OF WORK
3. No mandate-related issues have arisen during the year under review. The methods of work
of the Special Rapporteur have been those followed previously, as approved most recently by
the Commission in its resolution 1999/32, paragraph 21, and by the General Assembly in its
resolution 54/156, paragraph 16. In particular, he has continued to seek cooperation with
holders of other Commission mandates to avoid duplication of activity in respect with
country-specific initiatives. Thus, he has sent urgent appeals, transmitted information alleging
violations within his mandate to Governments and sought missions to Member States, in
conjunction with the following mechanisms: the Working Groups on Enforced or Involuntary
Disappearances and on Arbitrary Detention; the Special Rapporteurs on extrajudicial,
summary or arbitrary executions; the independence of judges and lawyers; the promotion and
protection of the right to freedom of opinion and expression; violence against women, its
causes and consequences; the situation of human rights in the Democratic Republic of the
Congo; the Special Representative of the Commission on the situation of human rights in the
Islamic Republic of Iran; the Special Representative of the Secretary-General on internally
displaced persons”.
Special Rapporteur of the Commission on Human Rights on the Sale of Children, Child
Prostitution and Child Pornography (1990), Mr. Juan Miguel Petit (Uruguay)
Excerpt from Amnesty International, "Human Rights Thematic Mechanisms 2000", AI-index
IOR 40/020/2000, 01/06/2000
“The mandate of the Special Rapporteur is to study the phenomena of the sale of children,
child prostitution and child pornography and make recommendations for preventing such
abuses. Her mandate is carried out within the framework of international human rights
instruments relevant to children, particularly the Convention on the Rights of the Child
(1989).
The Special Rapporteur has studied the involvement of children in commercial sex,
prostitution and pornography, considered issues definition, causation, international and
national developments and their effects on children, the sale of children and made
recommendations.
In earlier reports, the Special Rapporteur identified and analyzed the roles of three catalysts
which she felt were indispensable in the fight for the protection of children, namely the justice
system, education and the media. She has made extensive recommendations on how these
catalysts could be most effective in responding to children who are entrenched in situations of
abuse and in the prevention of such abuses. The Special Rapporteur has now identified
another catalyst - perhaps the most fundamental catalyst needed to be examined - the family.
* Communications received from Governments between 15 December 1999
and 15 February 2000 regarding allegations transmitted by the Special Rapporteur in
1999 will be reflected in document E/CN.4/2000/CRP.2.
15
In June 1999 the Special Rapporteur circulated a questionnaire to governments, relevant UN
bodies and agencies, intergovernmental and non-governmental organizations soliciting
information to be used in her report to the Commission on the following issues:
 Studies that have been carried out about this subject, especially those linking abuse
and neglect in the home and subsequent entry into prostitution;
 How cases of abuse and neglect come to the attention of Governments, agencies and
organizations;
 Statistical information regarding the relationship between the abuser and the abused,
the frequency of the abuse and the specific type or nature of abuse that the
Government, or organization has had experience of ;
 Information concerning the legal structure to deal with situations of abuse and neglect
including who can bring a complaint on behalf of the abused/neglected child and what
legal or other resources are available to children who have been abused or neglected;
 Any national, regional and international initiatives that have been taken to reduce the
incidence of domestic violence and neglect.
This mechanism does not take up individual cases”.
Special Representative of the Secretary-General on Children and Armed Conflict
(1996), Mr. Olara Otunnu (Côte d'Ivoire)
The rights of the child, Resolution adopted by the General Assembly, A/RES/51/77, 20
February 1997
“The General Assembly (…)
35. Recommends that the Secretary-General appoint for a period of three years a Special
Representative on the impact of armed conflict on children and ensure that the necessary
support is made available to the Special Representative for the effective performance of
his/her mandate, encourages the United Nations Children's Fund, the Office of the United
Nations High Commissioner for Refugees and the office of the United Nations High
Commissioner for Human Rights/Centre for Human Rights to provide support to the Special
Representative, and calls upon States and institutions concerned to provide voluntary
contributions for that purpose;
36. Recommends that the Special Representative:
(a) Assess progress achieved, steps taken and difficulties encountered in strengthening the
protection of children in situations of armed conflict;
(b) Raise awareness and promote the collection of information about the plight of children
affected by armed conflict and encourage the development of networking;
(c) Work closely with the Committee on the Rights of the Child, relevant United Nations
bodies, the specialized agencies and other competent bodies, as well as non-governmental
organizations;
(d) Foster international cooperation to ensure respect for children's rights in these situations
and contribute to the coordination of efforts by Governments, relevant United Nations bodies,
notably the office of the United Nations High Commissioner for Human Rights/Centre for
16
Human Rights, the Office of the United Nations High Commissioner for Refugees, the United
Nations Children's Fund, the specialized agencies and the Committee on the Rights of the
Child, relevant special rapporteurs and working groups, as well as United Nations field
operations, regional and subregional organizations, other competent bodies and nongovernmental organizations;
37. Requests the Special Representative to submit to the General Assembly and the
Commission on Human Rights an annual report containing relevant information on the
situation of children affected by armed conflict, bearing in mind existing mandates and
reports of relevant bodies;
38. Requests Governments, the specialized agencies, relevant United Nations organs and
regional, intergovernmental and non-governmental organizations, as well as the Committee
on the Rights of the Child, other relevant human rights treaty bodies and human rights
mechanisms, to cooperate with the Special Representative and to provide information on the
measures adopted to ensure and respect the rights of children affected by armed conflict”.
Special Rapporteur on Violence Against Women, Its Causes and Consequences (1994),
Ms. Radhika Coomaraswamy (Sri Lanka)
Question of integrating the rights of women into the human rights mechanisms of the United
Nations and the elimination of violence against women, Resolution of the UN Commission on
Human Rights, E/CN.4/1994/45, 4 March 1994
“The Commission on Human Rights (…)
6. Decides to appoint, for a three-year period, a special rapporteur on violence against women,
including its causes and its consequences, who will report to the Commission on an annual
basis beginning at its fifty-first session;
7. Invites the Special Rapporteur, in carrying out this mandate, and within the framework of
the Universal Declaration of Human Rights and all other international human rights
instruments, including the Convention on the Elimination of All Forms of Discrimination
against Women and the Declaration on the Elimination of Violence against Women, to:
(a) Seek and receive information on violence against women, its causes and its consequences
from Governments, treaty bodies, specialized agencies, other special rapporteurs responsible
for various human rights questions and intergovernmental and non-governmental
organizations, including women's organizations, and to respond effectively to such
information;
(b) Recommend measures, ways and means, at the national, regional and international levels,
to eliminate violence against women and its causes, and to remedy its consequences;
(c) Work closely with other special rapporteurs, special representatives, working groups and
independent experts of the Commission on Human Rights and the Sub-Commission on
Prevention of Discrimination and Protection of Minorities and with the treaty bodies, taking
into account the Commission's request that they regularly and systematically include in their
reports available information on human rights violations affecting women, and cooperate
closely with the Commission on the Status of Women in the discharge of its functions”.
17
UN Declaration on the Elimination of Violence Against Women (1993)
The SR's mandate on gender-based violence against women is taken from article 2 of the UN
Declaration on the Elimination of Violence Against Women (1993), which states:
"Violence against women should be understood to encompass, but not to be limited to, the
following: Physical, sexual and psychological violence occurring in the family, including
battering, sexual abuse of female children in the household, dowry-related violence, marital
rape, female genital mutilation and other traditional practices harmful to women, non-spousal
violence and violence related to exploitation;
Physical, sexual and psychological violence occurring within the general community,
including rape, sexual abuse, sexual harassment and intimidation at work, in educational
institutions and elsewhere, trafficking in women and forced prostitution;
Physical, sexual and psychological violence perpetrated or condoned by the State, wherever it
occurs".
Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions (1982), Ms.
Asma Jahangir (Pakistan)
Resolution of the UN Commission on Human Rights, E/CN.4/RES/1996/74, 23 April 1996
“The Commission on Human Rights (…)
7. Requests the Special Rapporteur, in carrying out his mandate:
(a) To continue to examine situations of extrajudicial, summary or arbitrary executions and to
submit on an annual basis his findings, together with conclusions and recommendations, to
the Commission on Human Rights, as well as such other reports as the Special Rapporteur
deems necessary in order to keep the Commission informed about such serious situations of
extrajudicial, summary or arbitrary executions that warrant its immediate attention;
(b) To respond effectively to information that comes before him, in particular when an
extrajudicial, summary or arbitrary execution is imminent or threatened or when such an
execution has occurred;
(c) To enhance further his dialogue with Governments, as well as to follow up on
recommendations made in reports after visits to particular countries;
(d) To continue to pay special attention to extrajudicial, summary or arbitrary executions of
children and women and to allegations concerning violations of the right to life in the context
of violence against participants in demonstrations and other peaceful public manifestations or
against persons belonging to minorities;
(e) To pay special attention to extrajudicial, summary or arbitrary executions where the
victims are individuals who are carrying out peaceful activities in defense of human rights and
fundamental freedoms;
18
(f) To continue monitoring the implementation of existing international standards on
safeguards and restrictions relating to the imposition of capital punishment, bearing in mind
the comments made by the Human Rights Committee in its interpretation of article 6 of the
International Covenant on Civil and Political Rights, as well as the Second Optional Protocol
thereto;
(g) To apply a gender perspective in his work”.
Report of the Special Rapporteur, Ms Asma Jahangir, submitted pursuant to Commission on
Human Rights resolution 1999/35, E/CN.4/2000/30, 25 January 2000
“B. Violations of the right to life upon which the Special Rapporteur takes action
6. During the present reporting period, the Special Rapporteur acted in the following
situations:
(a) Violations of the right to life in connection with the death penalty. The Special
Rapporteur intervenes when capital punishment is imposed after an unfair trial or in the case
of a breach of the right to appeal, or the right to seek pardon, or commutation of the sentence,
and in cases where mandatory death sentences are imposed. The Special Rapporteur also
undertakes action when capital punishment is imposed for crimes which cannot be considered
“most serious crimes” as stipulated in article 6, paragraph 2, of the International Covenant on
Civil and Political Rights. The Special Rapporteur may, moreover, intervene if the convicted
person is a minor, mentally handicapped or ill, a pregnant woman, or a recent mother;
(b) Death threats and fear of imminent extrajudicial executions by State officials, paramilitary
groups, private individuals, or groups cooperating with or tolerated by the Government, as
well as by unidentified persons who may be linked to the categories mentioned above;
(c) Deaths in custody owing to torture, neglect, or the use of force, or life-threatening
conditions of detention;
(d) Deaths due to the use of force by law enforcement officials or persons acting in direct or
indirect compliance with the State, when the use of force is inconsistent with the criteria of
absolute necessity and proportionality;
(e) Deaths due to the attacks or killings by security forces of the State, or by paramilitary
groups, death squads, or other private forces cooperating with or tolerated by the State;
(f) Violations of the right to life during armed conflicts, especially of the civilian population
and other non-combatants, contrary to international humanitarian law;
(g) Expulsion, refoulement, or return of persons to a country or a place where their lives are in
danger, as well as the prevention of persons seeking asylum from leaving a country where
their lives are in danger through the closure of national borders;
(h) Genocide;
(i) Deaths due to acts of omission on the part of the authorities, including mob killings. The
Special Rapporteur may take action if the State fails to take positive measures of a preventive
and protective nature necessary to ensure the right to life of any person under its jurisdiction;
19
(j) Breach of the obligation to investigate alleged violations of the right to life and to bring
those responsible to justice;
(k) Breach of the additional obligation to provide adequate compensation to victims of
violations of the right to life, and failure on the part of Governments to recognize
compensation as an obligation”.
Working Group on Enforced or Involuntary Disappearances (WGEID) (1980)
(Resolution 20 (XXXVI)), Mr. Ivan Tosevski, (Chairperson-Rapporteur) (the former
Yugoslav Republic of Macedonia), since 1980, Mr. Tan Sri Dato Anwar Zainal Abidin
(Malaysia), since 2001, Mr. Agha Hilaly (Pakistan), 1980 – 2000, Mr. Diego GarcíaSayán (Peru), since 1988, Mr. Manfred Nowak (Austria), since 1993, Mr. Joel Adebayo
Adekanye (Nigeria), since 2000
Resolution of the UN Commission on Human Rights, E/CN.4/RES/2001/46, 23 April 2001
“The Commission on Human Rights (…)
2. Stresses the importance of the work of the Working Group and encourages it, in the
execution of its mandate:
(a) To continue to promote communication between families of disappeared persons and the
Governments concerned with a view to ensuring that sufficiently documented and clearly
identified individual cases are investigated and to ascertain whether such information falls
under its mandate and contains the required elements;
(b) To continue to observe, in its humanitarian task, United Nations standards and practices
regarding the handling of communications and the consideration of government replies;
(c) To continue to consider the question of impunity in the light of the relevant provisions of
the Declaration on the Protection of All Persons from Enforced Disappearance and of the final
reports submitted by the Special Rapporteur appointed by the Sub-Commission on the
Promotion and Protection of Human Rights;
(d) To continue to pay particular attention to cases of children subjected to enforced
disappearance and children of disappeared persons and to cooperate closely with the
Governments concerned in searching for and identifying these children;
(e) To pay particular attention to cases transmitted to it that refer to ill-treatment, serious
threatening or intimidation of witnesses of enforced or involuntary disappearances or relatives
of disappeared persons;
(f) To pay particular attention to cases of disappearance of persons working for the promotion
and protection of human rights and fundamental freedoms, wherever they occur, and to make
appropriate recommendations for preventing such disappearances and improving the
protection of such persons;
(g) To continue to apply a gender perspective in its reporting process, including in
information collection and the formulation of recommendations;
20
(h) To provide appropriate assistance in the implementation by States of the Declaration and
of the existing international rules;
(i) To continue its deliberations on its working methods and to include these aspects in its
report to the Commission at its fifty-eighth session;
(j) To continue to formulate comments on the draft international convention on the protection
of all persons from enforced disappearance (E/CN.4/Sub.2/1998/19, annex) transmitted by the
Sub-Commission in its resolution 1998/25 of 26 August 1998”.
Working Group on Arbitrary Detention (WGAD) (1991), Mr. Kapil Sibal, (India),
Chairman-Rapporteur, since 1991, Mr. Louis Joinet, (France), Vice-Chairperson, since
1991, Ms. Soledad Villagra de Biedermann (Paraguay), since 2000, Mr. Tamás Ban
(Hungary), since 2001, Ms. Leïla Zerrougui (Algeria), since 2001, Mr. Laity Kama,
(Senegal) 1991-2000, Mr. Petr Uhl (Czech Republic and Slovakia) 1991-2001
Resolution of the UN Commission on Human Rights, E/CN.4/RES/1991/42 (Mandate found
in Factsheets n°26)
The Commission on Human Rights has entrusted the Working Group with the following
mandate:
“(a) To investigate cases of detention imposed arbitrarily or otherwise inconsistently with
relevant international standards set forth in the Universal Declaration of Human Rights or in
the relevant international legal instruments accepted by the States concerned provided that no
final decision has been taken in such cases by domestic courts in conformity with domestic
law;
(b) To seek and receive information from Government and intergovernmental and nongovernmental organizations, and receive information from the individuals concerned, their
families or their representatives;
(c) To present a comprehensive report to the Commission at its annual session.
The Working Group on Arbitrary Detention is the only non-treaty-based mechanism whose
mandate expressly provides for consideration of individual complaints. This means that its
actions are based on the right of petition of individuals anywhere in the world.
The mandate also stipulates that the Group must carry out its task with discretion, objectivity
and independence. Against this background the group adopted the rule that when the case
under consideration concerns a country of which one of the members of the Group is a
national, that member shall not participate in the discussion”.
Representative of the Secretary-General on Internally Displaced Persons (1992), Mr.
Francis Deng (Sudan)
Resolution of the UN Commission on Human Rights, E/CN.4/RES/1992/73
Excerpt from Amnesty International, "Human Rights Thematic Mechanisms 2000", AI-index
IOR 40/020/2000, 01/06/2000
21
“This mandate was created in 1993 by the UN Secretary-General, at the request of the
Commission, to seek views and information from all governments on the human rights issues
related to internally displaced persons, including an examination of existing international,
human rights, humanitarian and refugee law and standards and their applicability to the
protection of and assistance to internally displaced persons.
As the Special Rapporteur notes in his report to the Commission in 1999, the development of
a normative legal framework has been a major part of his work. He has so far published a two
part compilation and analysis of legal norms and a report on Guiding Principles on Internal
Displacement (Guiding Principles). (…)
The Representative of the Secretary-General on internally displaced persons does not take up
individual cases. He has, however, produced a number of country studies entitled Profiles in
Displacement”.
Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination,
Xenophobia and Related Intolerance (1993), Mr. Maurice Glèlè-Ahanhanzo (Benin)
Resolution of the UN Commission on Human Rights, E/CN.4/RES/1993/20
Excerpt from Amnesty International, "Human Rights Thematic Mechanisms 2000", AI-index
IOR 40/020/2000, 01/06/2000
“The Special Rapporteur's mandate is based on the International Convention on the
Elimination of All Forms of Racial Discrimination (1965). He is mandated to report on
allegations of, and make general recommendations on, contemporary forms of racism,
discrimination based on race, xenophobia and related intolerance. He has given particular
attention to these violations in developed countries and to racism and discrimination directed
against migrant workers and other vulnerable groups and the examination of measures
adopted by governments to overcome racism and racial discrimination. (…)”
Special Rapporteur on the Human Rights of Migrants (1999), Ms. Gabriela Rodríguez
Pizarro (Costa Rica)
Resolution of the UN Commission on Human Rights, E/CN.4/RES/1999/44, 26 April 1999
“The Commission on Human Rights (…)
Decides to appoint, for a threeyear period, a special rapporteur on the human rights of
migrants to examine ways and means to overcome the obstacles existing to the full and
effective protection of the human rights of this vulnerable group, including obstacles and
difficulties for the return of migrants who are nondocumented or in an irregular situation, with
the following functions:
(a) To request and receive information from all relevant sources, including migrants
themselves, on violations of the human rights of migrants and their families;
(b) To formulate appropriate recommendations to prevent and remedy violations of the human
rights of migrants, wherever they may occur;
(c) To promote the effective application of relevant international norms and standards on the
issue;
22
(d) To recommend actions and measures applicable at the national, regional and international
levels to eliminate violations of the human rights of migrants;
(e) To take into account a gender perspective when requesting and analysing information, as
well as to give special attention to the occurrence of multiple discrimination and violence
against migrant women;
4. Requests the Special Rapporteur, in carrying out his/her mandate, to give careful
consideration to the various recommendations of the Working Group of intergovernmental
experts aimed at the promotion and protection of the human rights of migrants, and to take
into consideration relevant human rights instruments of the United Nations to promote and
protect the human rights of migrants;
5. Invites the Special Rapporteur, in carrying out this mandate and within the framework of
the Universal Declaration of Human Rights and all other international instruments, to request,
receive and exchange information on violations of the human rights of migrants from
Governments, treaty bodies, specialized agencies, special rapporteurs for various human
rights questions and from intergovernmental organizations, other competent organizations of
the United Nations system and nongovernmental organizations, including migrants'
organizations, and to respond effectively to such information;
6. Requests the Special Rapporteur, in carrying out his/her mandate, to take into account
bilateral and regional negotiations which aim at addressing, inter alia, the return and
reinsertion of migrants who are nondocumented or in an irregular situation;
7. Requests the Chairman of the Commission, after consultations with the other members of
the Bureau, to appoint as Special Rapporteur an individual of recognized international
standing and experience in addressing the human rights of migrants;
8. Requests all Governments to cooperate fully with the Special Rapporteur in the
performance of the tasks and duties mandated and to furnish all information requested,
including by reacting promptly to his/her urgent appeals;
9. Encourages Governments to give serious consideration to inviting the Special Rapporteur
to visit their countries so as to enable him/her to fulfil the mandate effectively;
10. Invites the Special Rapporteur to contribute to the preparatory committee for the World
Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance,
within the framework of the objectives of the Conference, including by identifying major
issues to be considered by the Conference;
11. Requests the Special Rapporteur to submit a report on his/her activities to the Commission
at its fiftysixth session;
12. Requests the SecretaryGeneral to give the Special Rapporteur all necessary human and
financial assistance for the fulfilment of his/her mandate”.
23
C. Statistics on responses of Special Mechanisms to OMCT Urgent
Appeals in cases of Violence against Children
C 1. Overall statistics
OMCT Urgent Appeals 1999/2000 in cases of Violence against Children:
Statistics on responses of Special Mechanisms
overall statistics
Number Number of cases taken up Ratio of cases taken up
(ratio of victims
of cases
by procedures
1999
2000
1999/2000
(victims)
(number of victims
concerned)
concerned)
38
22
58 %
(201)
(66)
(33 %)
31
6
19 %
(196)
(18)
(9 %)
69
28
(397)
(84)
41 %
(21 %)
24
C 2. Statistics by violation
OMCT Urgent Appeals 1999/2000 in cases of Violence against Children:
Statistics on responses of Special Mechanisms
by violation
Form of Violence
Number of cases
(number of victims)
Number of cases taken Ratio of cases taken up
up by UN mechanisms
(ratio of victims
(number of victims
concerned)
concerned)
Arbitrary arrest and detention
Enforced or Involuntary
Disappearance
Extrajudicial, summary or arbitrary execution (including
attempts to execution)
1
2
1999
2000
Total
19991 20002
22
21
43
11
(178)
(107)
(285)
1
2
(1)
Total
1999
2000
1999/
2000
5
16
50 %
24 %
37 %
(67)
(14)
(81)
3
1
0
1
(5)
(6)
(1)
(0)
(1)
14
6
20
12
1
13
(24)
(10)
(34)
(23)
(3)
(26)
(38 %) (13 %) (28 %)
100 %
0%
(100%) (0 %)
86 %
17 %
33 %
(17 %)
65 %
(96 %) (30 %) (76 %)
For the OMCT urgent appeals 1999, the reports of relevant UN mechanisms of both 2001 and 2000 were considered.
Please note that for the OMCT urgent appeals 2000, only the reports of relevant UN mechanisms of the year 2001 could be considered.
25
Torture or other cruel, inhuman or degrading treatment or
punishment
Violence against female children (physical, sexual and psychological violence, including
rape, sexual abuse, sexual harassment and intimidation,
trafficking and forced prostitution)
29
25
54
19
5
24
66 %
20 %
44 %
(128)
(189)
(317)
(84)
(17)
(101)
(66 %)
(9 %)
(32 %)
4
3
7
2
0
2
50 %
0%
29 %
(6)
(3)
(9)
(4)
(0)
(4)
67 %
(0 %)
(44 %)
Violation of the right to freedom of opinion and expression
1
0
1
1
0
1
100 %
100 %
(1)
(0)
(1)
(1)
(0)
(1)
(100%)
(100 %)
Trafficking and sale of children
0
1
1
0
0
0
0%
0%
(0)
(1)
(1)
(0)
(0)
(0)
(0 %)
(0 %)
26
Statistics on responses of Special Mechanisms
by UN mechanism
Extra-Conventional
Mechanism
Number of cases falling Number of cases taken
under the relevant
up by UN mechanism
mandate
(number of victims)
Working Group on Arbitrary
Detention
Working Group on Enforced or
Involuntary Disappearances
Special Rapporteur on
extrajudicial, summary or
arbitrary executions
1
(number of victims
concerned)
Ratio of cases taken
up
(ratio of victims
concerned)
1999
2000
Total
19991
20002
Total
1999
2000
1999/
2000
22
20
42
43
0
4
18 %
0%
10 %
(127)
(103)
(230)
(8)
(0)
(8)
(6 %)
(0 %)
(3 %)
1
2
3
0
0
0
0%
0%
0%
(1)
(5)
(6)
(0)
(0)
(0)
(0 %)
(0 %)
(0 %)
14
6
20
11
1
12
79 %
17 %
60 %
(21)
(10)
(31)
(16)
(3)
(19)
(76 %) (30 %) (61 %)
For the OMCT urgent appeals 1999, the reports of relevant UN mechanisms of both 2001 and 2000 were considered.
Please note that for the OMCT urgent appeals 2000, only the reports of relevant UN mechanisms of the year 2001 could be considered.
3
These are all urgent appeals sent by the SR on Torture in conjunction with the Chairman-Rapporteur of the Working group on Arbitrary Detention.
2
C 3. Statistics by mechanism
OMCT Urgent Appeals 1999/2000 in cases of Violence against Children:
27
Special Rapporteur on the
question of torture
Special Rapporteur on violence
against women, its causes and
consequences
Special Rapporteur on the promotion and protection of the
right to freedom of opinion and
expression
Special Rapporteur on the sale of
children, child prostitution and
child pornography4
Special Rapporteur on the situation of human rights in the
Palestinian territories occupied
since 1967
Special Representative for
Children and Armed Conflict5
4
5
26
25
51
13
6
19
46 %
(123)
(189)
(312)
(53)
(15)
(68)
(42 %)
5
3
8
2
0
2
40 %
(9)
(3)
(12)
(4)
(0)
(4)
44 %
1
0
1
0
0
0
0%
0%
(1)
(0)
(1)
(0)
(0)
(0)
(0 %)
(0 %)
0
1
1
0
0
0
0%
0%
(0)
(1)
(1)
(0)
(0)
(0)
(0 %)
(0 %)
3
1
4
0
0
0
0%
0%
0%
(5)
(1)
(6)
(0)
(0)
(0)
(0 %)
(0 %)
(0 %)
2
4
6
0
0
0
0%
0
0%
(4)
(22)
(26)
(0)
(0)
(0)
(0 %)
(0)
(0 %)
Please note that the Special Rapporteur on the sale of children, child prostitution and child pornography does not take up individual cases.
Please note that the Special Representative for Children and Armed Conflict does not take up individual cases.
24 %
37 %
(8 %) (22 %)
0%
25 %
(0 %) (33 %)
28
D. OMCT 2000 Urgent Appeals in cases of Violence against Children:
Responses of UN Special Mechanisms
OMCT Urgent Type of Violation against
Appeal Number Children:
and Country
(+ number of
victims)
AGO 120100.CC 1. Extrajudicial killings of
Angola (3)
children by Angola
government troops
UN Mechanisms which Response by UN Mechanisms
ought respond to
(if any):
violation:
Comments:
1. Special Rapporteur on
extrajudicial, summary or arbitrary
executions
The Government of Angola did not
reply to the SR regarding this allegation
BHR 121000.CC 1. Arbitrary arrest and
Bahrain (4)
detention
2. Risk of Torture
1. Working Group on
1. Case not mentioned in 2001
Arbitrary Detention
report
2. Special Rapporteur on 2. Case not mentioned in 2001
Torture
report
BHR 100800.CC 1. Arbitrary detention
Bahrain (7)
2. High risk of torture
1. Working Group on
Arbitrary Detention
2. Special Rapporteur
on Torture
BHR 180700.CC 1. Arbitrary arrest and
Bahrain (12)
detention
2. Torture in detention
1. Working Group on
1. Case not mentioned in 2001
Arbitrary Detention
report
2. Special Rapporteur on 2. Case not mentioned in 2001
Torture
report
BHR 160600.CC 1. Arbitrary arrest and
Bahrain (6)
detention
2. Torture in detention
1. Working Group on
1. Case not mentioned in 2001
Arbitrary Detention
report
2. Special Rapporteur on 2. The SR on Torture sent an urgent appeal on behalf of three
Torture
1. The SR sent an allegation to
the Angola government regarding this incident (para. 10 of
Add. 1 to the 2001 report)
1. Case not mentioned in 2001
report
2. Case not mentioned in 2001
report
On 20 June, 2000, the SR sent an urgent appeal to the Bahrain government on behalf of three of the victims.
The 2001 report does not mention,
29
13-year-old boys named in however, whether the government of
OMCT's appeal (para. 133 of Bahrain responded to the SR's urgent
appeal in this case.
the 2001 report).
The SR's report acknowledges the incident of torture against Mohammed
Jawad Makki which is cited in the
OMCT urgent appeal. However, the
report does not indicate any concrete
action taken in response to the incident on the part of the SR.
BHR 230500.CC 1. Arbitrary arrest and
Bahrain (3)
detention
2. Risk of torture
1. Working Group on
1. Case not mentioned in 2001
Arbitrary Detention
report
2. Special Rapporteur on 2. The SR sent an urgent appeal
on behalf of the victims.
Torture
Case mentioned in para. 131
and 132 of the 2001 report
BHR 110400.CC 1. Arbitrary arrest and
Bahrain (8)
detention
2. Risk of Torture
1. Working Group on
1. Case not mentioned in 2001
Arbitrary Detention
report
2. Special Rapporteur on 2. Case not mentioned in 2001
Torture
report
BHR 160300.CC 1. Arbitrary arrest and
Bahrain (9)
detention
2. Risk of Torture
1. Working Group on
1. Case not mentioned in 2001
Arbitrary Detention
report
2. Special Rapporteur on 2. Case not mentioned in 2001
Torture
report
The Government indicated in its
response that the allegations that the
children were at risk of torture were
untrue. Arrested for vandalism by the
regular police, they were all released
without charge, after giving undertakings to be of good behaviour and had
been properly treated, held in humane
conditions and afforded all their rights
of visit, welfare and medical care in
accordance with international standards (see para. 132 of 2001 report).
30
BHR 090200.CC 1. Arbitrary arrest and
Bahrain (3)
detention
2. Torture in detention
3. Disappearance of boy
child
1. Working Group on
1. Case not mentioned in 2001
Arbitrary Detention
report
2. Special Rapporteur on 2. Case not mentioned in 2001
Torture
report
3. Working Group on
3. Case not mentioned in 2001
Enforced or Involunreport
tary Disappearances
BHR 100100.CC 1. Arbitrary arrest and
Bahrain (3)
detention
2. Torture
3. Vicious beatings of
children by security
forces
1. Working Group on
1. Case not mentioned in 2001
Arbitrary Detention
report
2. Special Rapporteur on 2. Case not mentioned in 2001
Torture
report
COD 101000.CC 1. Extrajudicial execution
Democratic
by soldiers
Republic of
Congo (1)
1. Special Rapporteur on 1. Case not mentioned in 2001
Extrajudicial, Sumreport
mary, or Arbitrary
2. Case not mentioned in 2001
Executions
report
2. Special Rapporteur on
the Democratic Republic of Congo
DJI 190400.CC
Djibouti (18)
1. Working Group on
1. Case not mentioned in 2001
Arbitrary Detention
report
2. Special Rapporteur on 2. Case not mentioned in 2001
Torture
report
3. Special Representa3. Case not mentioned in 2001
tive on Children in
report
Armed Conflict
1. Arbitrary arrest and
detention
2. Detention of refugee
children with adult
offenders, and sexual
abuse
3. Bad prison conditions
(suffocating heat and
dirty)
31
ESP 021100.CC
Spain
1. Arbitrary arrest and
detention
2. Torture
1. Working Group on
1. Case not mentioned in 2001
Arbitrary Detention
report
2. Special Rapporteur on 2. Case not mentioned in 2001
Torture
report
HND 080497.2
CC/VAW
Honduras (1)
1. Rape of girl in police
station
1. Special Rapporteur on 1. Case not mentioned in 2001
Torture
report
2. Special Rapporteur on 2. Case not mentioned in 2001
Violence against
report
Women
IND 100500.CC
India (2)
1. Arbitrary detention
2. Torture of children in
detention
1. Working Group on
1. Case not mentioned in 2001
Arbitrary Detention
report
2. Special Rapporteur on 2. Case not mentioned in 2001
Torture
report
IRN
120400.1.CC
Iran (1)
1. Arrest and detention of
youth
2. Threat of death penalty
to a child
1. Working Group on
1. Case not mentioned in 2001
Arbitrary Detention
report
2. Special Rapporteur on 2. Case not mentioned in 2001
Torture
report
3. Special Represen2. Case not mentioned in 2001
tative on the Islamic
report
Republic of Iran
ISR 060700.CC
Israel (5)
1. Ill-treatment and isolation of juvenile
prisoners
1. Special Rapporteur
1. Case not mentioned in 2001
on Torture
report
2. Special Rapporteur
2. Case not mentioned in 2000
on the Palestinian terreport (2001 report not yet
ritories occupied
available). Also, case not
mentioned in the 2001 missince 1967
sion report on Israel’s vio3. Human rights inquiry
lations of human rights in
commission on the
the Palestinian territories
violation of human
This particular case was resolved as
the police officer was convicted of
rape and sentenced to 10 years in
prison
This case was resolved as the child
was acquitted and reportedly released
32
rights by Israel in the
occupied since 1967
occupied Palestinian 3. Human rights inquiry comterritories
mission on the violation of
human rights by Israel in the
occupied Palestinian territories: report not available
ISR/PAL
101000.CC
Israel and
Palestine
1. Killing and wounding of 1. Special Rapporteur on 1. Case not mentioned in 2001
Palestinian children by
Extrajudicial, Sumreport
mary,
or
Arbitrary
armed forces
2. Case not mentioned in 2001
Executions
2. Torture
report
2. Special Rapporteur on 3. Case not mentioned in 2001
Torture
report
3. Special Representative on Children and
Armed Conflict
ISR 120700.CC
Israel (2)
1. Shooting of a Palestinian 1. Special Rapporteur on 1. Case not mentioned in 2001
family by Israeli soldiExtrajudicial, sumreport
ers, including a 6 month
mary or arbitrary
executions
old and 4 year old child
ISR 230500.CC
Israel (1)
1. Extrajudicial execution 1. Special Rapporteur on 1. Case not mentioned in 2001
Extrajudicial, sumof Palestinian boy
report
mary or arbitrary
2. Severe force used on
executions
peaceful Palestinian
demonstrators by Israeli
forces
ISR 100100.CC
Israel (16)
1. Arbitrary arrest and
detention
2. Beatings of children in
the prison
3. Threats to children in
1. Working Group on
1. Case not mentioned in 2001
Arbitrary Detention
report
2. Special Rapporteur on 2. Case not mentioned in 2001
Torture
report
33
order to coerce confessions
ISR
251199.3.CC
Israel (1)
1. Arbitrary Detention of
girl child
2. Torture, beatings, psychological abuse
3. Detention with adults
1. Working Group on
Arbitrary Detention
2. Special Rapporteur
on Torture
3. Special Rapporteur
on violence against
women
1. Case not mentioned in 2001
report
2. Case not mentioned in 2001
report
3. Case not mentioned in 2001
report
LKA 280100.CC 1. Arbitrary arrest and
Sri Lanka (2)
detention
2. Disappearance of
children
1. Working Group on
Arbitrary Detention
2. Working Group on
Enforced or Involuntary Disappearances
1. Case not mentioned in 2001
report
2. Case not mentioned in 2001
report
MAR 201000.CC 1. Arbitrary arrest and
Morocco/Wesdetention
tern Sahara (2)
2. Torture
1. Working Group on
1. Case not mentioned in 2001 The report makes no mention, however, of a response by the government
Arbitrary Detention
report
2. Special Rapporteur on 2. The SR on Torture sent an ur- to this urgent appeal
gent appeal on behalf of the
Torture
victims (para. 804 of the
2001 report)
PAL 080800.CC 1. Arbitrary arrest and
Palestine
detention
Autonomous
2. Beatings and torture by
Areas (2)
police
1. Working Group on
1. Case not mentioned in 2001
Arbitrary Detention
report
2. Special Rapporteur on 2. The SR on Torture cites in
the 2001 report that incident reTorture
portedly occurred (para. 1354)
OMCT has been informed that both
victims were released
SR on Torture cites the occurrence of
the incident under a category in his
2001 report entitled "Information
transmitted to Palestinian Authorities"
(para. 1354). However, the SR does
not take any concrete action on this
case in the form of an urgent appeal.
Furthermore, there is no reported
response from the government with
regard to the information transmitted
34
to their authorities about this incident.
PAL 100500
VAW/CC
Palestine (1)
1. Beatings and severe mis- 1. Special Rapporteur on 1. Case not mentioned in 2001
treatment of domestic
Torture
report
servants by private
2. Special Rapporteur on 2. Case not mentioned in 2001
individuals
sale of children, child
report
2. Trafficking and sale of
prostitution and child
children
pornography
1. Case not mentioned in 2001
report
Note that the SR on the sale of children does not respond to individual
cases
PHL 080900.CC 1. Injury of a boy during
Philippines (1)
armed conflict
1. Special Representative on Children and
Armed Conflict
PRY 070300.CC 1. Torture and beatings in
Paraguay (4)
detention
1. Special Rapporteur on 1. The SR on Torture acknowledges that incidents occurTorture
red (para. 865 of the 2001
report)
SR on Torture cites these incidents in
his report, however he does not indicate any concrete action taken by his
office in response
TCD 201100.CC 1. Forcible recruitment of
Chad (3)
children into armed forces and their placement
in front lines to detect
mines
2. Murder of children who
disobey orders
3. Arbitrary arrest and
detention
1. Special Representative on Children and
Armed Conflict
2. Special Rapporteur on
extrajudicial, summary or arbitrary
executions
3. Working Group on
Arbitrary Detention
4. Special Rapporteur
The Special Representative on Children and Armed Conflict does not respond to individual cases, therefore
he cannot prevent these violations
from occurring against specific
children
1. Case not mentioned in 2001
report
2. Case not mentioned in 2001
report
3. Case not mentioned in 2001
report
4. Case not mentioned in 2001
report
1. This violation does not fit into category of "execution" or "torture".
Nonetheless, it is an incident of violence against children which warrants
a response by a UN special mechanism
2. The Special Representative on
Children and Armed Conflict does not
report on individual cases
35
on Torture
TGO 160500.CC 1. Arbitrary arrest and deTogo (1)
tention of 12 year old
girl
2. Risk of torture
1. Working Group on
1. Case not mentioned in 2001
Arbitrary Detention
report
2. Special Rapporteur on 2. Case not mentioned in 2001
Torture
report
3. Special Rapporteur on 3. Case not mentioned in 2001
Violence against
report
Women
YUG 160600.CC 1. Ill-treatment of children 1. Special Rapporteur on 1. Case not mentioned in 2001
Fed. Republic of
by police: racial insults
Torture
report
Yugoslavia (77)
and physical abuse
while the children's
homes
were
being
demolished.
The girl was subsequently released
36
E. OMCT 1999 Urgent Appeals in cases of Violence against Children:
Responses of UN Special Mechanisms
OMCT Urgent
Appeal Number
and Country
(+ number of
victims)
BHR 080299.CC
Bahrain (2)
Type of Violation against
Children:
UN Mechanisms which
ought respond to
violation:
Response by UN Mechanisms
(if any):
1. Arbitrary arrest and
detention
1. Working group on
Arbitrary detention
1. Case not mentioned in 2001 and
2000 reports
BHR 091299.CC
Bahrain (2)
1.
BHR 080399.CC
Bahrain (19)
1. Arbitrary arrest and
detention
1. Working group on
arbitrary detention
2. Risk of Torture in
detention
2. Special Rapporteur on
Torture
1. Arbitrary arrest and
detention
1. Working group on
arbitrary detention
1. Case not mentioned in 2001 and
2000 reports
2. Risk of Torture in
detention
2. Special Rapporteur on
Torture
2. Case not mentioned in 2001 and
2000 reports
BHR 120199.CC
Bahrain (33)
Threats, harassment, 1. Special Rapporteur on
and violent ill-treatment
Torture
of children by police
1. SR on Torture cites in 2001 report that incident reportedly
occurred (para. 114, para. 123);
case not mentioned in 2000
report
1. Case not mentioned in 2001 and
2000 reports
2. On 9 March 1999, the SR sent
an urgent appeal on behalf of the
children concerned and transmitted further information about some
of them in his regular communication (para. 106 of the 2000
report)
Comments:
37
BHR 141099.CC
Bahrain (4)
1. Arbitrary arrest and
detention
1. Working group on
arbitrary detention
2. Torture in detention
2. Special Rapporteur on
Torture
1. Arbitrary arrest and
detention
1. Working group on
arbitrary detention
2. Risk of torture
2. Special Rapporteur on
Torture
1. Case not mentioned in 2001 and
2000 reports
2. On 19 Nov. 1999, the SR on
Torture sent an urgent appeal on
behalf of 26 persons, including 11
children (para. 110 of the 2000
report)
BHR 231299.CC
Bahrain (4)
1. Arbitrary arrest and
detention
1. Working group on
arbitrary detention
1. Case not mentioned in 2001 and
2000 reports
BHR 241199.CC
Bahrain (5)
1. Arbitrary arrest and
detention
1. Working group on
arbitrary detention
1. Case not mentioned in 2001 and
2000 reports
BRA 190399.CC
Brazil (2)
1. Extrajudicial execution
and torture of children
by police
1. Special Rapporteur on 1. SR states in Add. 1 of the 2000
Extrajudicial, summary
report, that the incident reporor arbitrary executions
tedly happened (para. 63). The
Government of Brasil informed
2. Special Rapporteur on
the SR that the competent
Torture
authorities had been alerted to
the cases of the victims and that
it was closely following the
developments of the case and
BHR 191199.CC
Bahrain (11)
1. Case not mentioned in 2001 and
2000 reports
2. SR on Torture sent an urgent
appeal on 18 Oct. 1999 in conjunction with the Chairman-Rapporteur of the Working Group on
Arbitrary Detention (para. 109 of
the 2000 report). In para. 137 of
the 2001 report the SR mentions
that the Government responded by
letter dated 6 April 2000
Note, that in various cases which
concerned both arbitrary detention and torture, the SR on Torture
sent urgent appeals, either autonomously or in conjunction with
the Chairman Rapporteur of the
Working Group on Arbitrary Detention (whereas the latter neither
reported on an urgent appeal nor
took up a case itself)
38
would submit to the SR information which could clarify the
matter.
2. Case not mentioned in 2001 and
2000 reports
CHL 191198.1CC 1. Police shooting at girl
Chile (1)
during a demonstration, from which injuries she later died
1. Special Rapporteur on 1. SR sent a communication to the
Extrajudicial, summary
government concerning the
or arbitrary executions
death of the victim (para. 99 of
Add. 1 to the 2000 report) and
2. Special Rapporteur on
regrets that she has received no
freedom of opinion and
reply to her communication
expression
(para. 106)
2. Case not mentioned in 2001 and
2000 reports
GTM
1. Arbitrary arrest and
080299.1CC
detention
Guatemala (22)
GTM 080299.CC
Guatemala
1. Working group on
arbitrary detention
1. Case not mentioned in 2001 and
2000 reports
GTM
1. Sexual abuse and vio150299.CC/VAW
lence against street
Guatemala (2)
children by police
1. Special Rapporteur on
Torture
1. By letter dated 12 Oct. 1999,
the SR transmitted to the
Government information on the
street children (para. 467 of the
2000 report)
2. Case not mentioned in 2001 and
2000 reports
GTM 160399.CC 1. Arbitrary execution of
Guatemala (2)
street children by unknown parties (police
are suspected)
1. Special Rapporteur on 1. The SR sent an urgent appeal
Extrajudicial, summary
jointly with the SR on violence
or arbitrary executions
against women regarding information received concerning al2. Special Rapporteur on
2. Special Rapporteur on
Violence against
Women
2. Query whether the SR on
Torture considers violent shooting and verbal abuse to constitute "torture" or "cruel or
39
2. Violent shooting of
street children (some
resulting in injuries,
others in death)
3. Verbal insults, threats,
and abuse
Torture
3. Special Rapporteur on
Violence against
Women
GTM
1. Attempted rape of girl
190299.CC/VAW
street child
Guatemala (2)
2. Use of excessive force
by police
1. Special Rapporteur on
Violence against
Women
3. Arbitrary detention of
street children
2. Special Rapporteur on
Torture
3. Working Group on
Arbitrary Detention
leged violence against the degrading treatment"
victims (para. 206 of Add. 1 to
the 2000 report)
2. Case not mentioned in 2001
and 2000 reports
3. Case not mentioned in 2001
and 2000 reports
1. Case not mentioned in 2001 and
2000 reports
2. Case not mentioned in 2001 and
2000 reports
3. Case not mentioned in 2001 and
2000 reports
GTM 250599.CC 1. Shooting of former street 1. Special Rapporteur on 1. Case not mentioned in 2001
Guatemala (1)
child by unknown perTorture
and 2000 reports
sons, possibly gang
2. Special Rapporteur on 2. Case not mentioned in 2001
members. The child did
Extrajudicial, summary
and 2000 reports
not die from his injuries.
or arbitrary executions
HND 060999.CC 1. Arbitrary arrest and
Honduras (3)
detention of street
children
1. Working Group on
Arbitrary Detention
1. Case not mentioned in 2001 and
2000 reports
2. Special Rapporteur on
2. The SR sends a communication
This case might have fallen
under the mandate of the SR on
Extrajudicial, summary or arbitrary executions, even if the perpetrators are unknown, if considering the recurrent violence
and attacks to their lives, that
street children have been experiencing in Guatemala. If the
child was a girl, the SR on violence against women would
have had a mandate to cover
this violation.
40
2. Execution of street
children (probably by
police engaging in
"social cleansing")
HND
060999.1.CC
Honduras (4)
1. Torture and execution
of street child by
police
2. Arbitrary detention
Extrajudicial, summary to the Government (para. 223 of
or arbitrary executions Add. 1 to the 2000 report). The SR
also mentions the case in para. 207
of Add. 1 to the 2001 report,
stating that, according to the Government, proceedings are at the
preliminary stage and that in Nov.
1999 the Human Rights Prosecutor brought criminal charges
against the alleged perpetrator,
who is in prison pending the
judgement
1. Special Rapporteur on
Torture
2. Special Rapporteur on 2. Case mentioned in para. 223 of
Extrajudicial, summary
Add. 1 to the 2000 report and
or arbitrary executions
in para. 207 of Add. 1 to the
2001 report (see above)
3. Working Group on
Arbitrary Detention
HND
090799.1CC
Honduras (1)
1. Arbitrary execution of
child by prison guard
1. Case not mentioned in 2001 and
2000 reports
3. Case not mentioned in 2001 and
2000 reports
1. Special Rapporteur on 1. The SR sent a communication According to OMCT sources
Extrajudicial, summary
concerning the death of the the prison guard was subsevictim (para. 222 of the 2000 quently arrested for murder
or arbitrary executions
report Add. 1). The SR has been
informed by the Government
that proceedings are at the pretrial stage and that the cause of
death has not been divulged.
Accordingly, a member of the
Preventive Police attached to
the Minister of State in the
41
Department of Security was
identified as the alleged perpetrator of the offence, who is currently incarcerated in the Marco
Aurelio Solo National Prison
pending final judgement (para.
206 of Add. 1 to the 2001
report)
HND 140499.CC 1. Murder of street child
Honduras (1)
by police.
1. Special Rapporteur on 1. The Government of Honduras
Extrajudicial, summary informed the SR that investigatior arbitrary executions ons had been opened on the case.
According to the report two members of the police department have
been identified as the alleged perpetrators of this killing. Nevertheless, no criminal or disciplinary
penalties had been ordered given
that the accused had fled (see para.
204 of the 2001 report)
IDN/TMP
120499.CC
East Timor/
Indonesia (1)
1. Paramilitary group
(supported by military) shoots and injures people, including
a child.
1. Special Rapporteur on 1. The SR mentions in para. 579
of the 2000 report, that the inTorture
cident reportedly happened
2. Special Rapporteur on
Extrajudicial, summary 2. Case not mentioned in 2001 and
or arbitrary executions
2000 reports
IDN/TMP
180199.CC (1)
Indonesia/East
Timor
1. Arbitrary execution of
children by military
and armed civilian
militia groups
1. Special Rapporteur on 1. SR states that incident reporExtrajudicial, summary
tedly happened (para. 259 of the
or arbitrary executions
2000 report Add. 1)
ISR 050599.CC
Israel (3)
1. Shooting of Palestinian
girl and boy by Israeli
1. Special Rapporteur on 1. Case not mentioned in 2001 and
2000 reports
Torture
2. Special Representative
42
soldiers
for Children and
Armed Conflict
2. Severe beating of 4-yearold child by Israeli
2. Special Rapporteur on
the Palestinian Occusettlers
pied Territories since
1967
ISR 101299.CC
Israel (1)
ISR 110399.CC
Israel (1)
ISR 131099.CC
Israel (2)
2. Case not mentioned in 2001
and 2000 reports
3. Case not mentioned in 2001
and 2000 reports
1. Torture of Palestinian
child in prison by
Israeli authorities
1. Special Rapporteur on
Torture
1. Case not mentioned in 2001 and
2000 reports
2. Special Rapporteur on
the Palestinian Occupied Territories since
1967
2. Case not mentioned in 2001 and
2000 reports
1. Arbitrary detention and
denial of medical attention to child by Israeli
authorities
1. Working group on
arbitrary detention
1. Case not mentioned in 2001 and
2000 reports
2. Special Rapporteur on
Torture
2. The SR sent a joint urgent appeal with the Chairman-Rapp. of
the Working group on Arbitrary
Detention on behalf of the victim
(para. 647 of the 2000 report)
1. Arbitrary detention of
Lebanese children in
harsh conditions by
Israeli authorities
1. Working group on
arbitrary detention
1. Case not mentioned in 2001 and
2000 reports
2. Special Rapporteur on
Torture
2. SR mentions that the incident
reportedly happened and, on 29
Oct. 1999, sent a joint urgent
appeal with the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of the
victims (para. 653 of the 2000
report)
43
ISR 161299.CC
Israel (1)
1. Injury of Palestinian
child after attack on
village by Israeli
soldiers
1. Special Rapporteur on
Torture
1. Case not mentioned in 2001 and
2000 reports
2. Special Representative
on Children and
Armed Conflict
2. Case not mentioned in 2001 and
2000 reports
3. Special Rapporteur on
the Palestinian Occupied Territories since
1967
3. Case not mentioned in 2001 and
2000 reports
ISR 181099.CC
Israel (2)
1. Arbitrary detention of
Lebanese children by
South Lebanese Army
and Israeli Army
1. Working group on
arbitrary detention
1. Case not mentioned in 2001 and
2000 reports
ISR 251199.CC
ISR 251199.1CC
ISR 251199.2CC
Israel (1)
1. Arbitrary arrest and detention and torture of
young girls by Israeli
soldiers
1. Working group on
arbitrary detention
2. Special Rapporteur on
Torture
3. Special Rapporteur on
Violence against
Women
1. Case not mentioned in 2001 and
2000 reports
ISR 290998.1CC
Israel (1)
1. Arbitrary arrest and
detention and torture
of child by Israeli
soldiers
1. Working group on
arbitrary detention
1. Case not mentioned in 2001 and
2000 reports
2. Special Rapporteur on
Torture
2. On 2 Feb. 1999, the SR sent an
urgent appeal in conjunction with
the Chairman-Rapporteur of the
Working Group on Arbitrary Detention and the Special Rapporteur
on the independence of judges and
lawyers on behalf of the victim
(para. 640 of the 2000 report). The
2. Case not mentioned in 2001
and 2000 reports
3. Case not mentioned in 2001
and 2000 reports
1. Consider whether this incident constitutes "torture" so that
it is covered under the mandate
of the SR on Torture
2. The Special Representative
on Children and Armed Conflict
does not take up individual
cases
44
Government replied on 13 July
1999 that the child was arrested by
forces of the South Lebanese
Army (SLA) and not by Israeli
forces. It stated that he was arrested on suspicion of having been
actively involved in action undermining the security of the region
(para. 641 of the 2000 report)
MAR 140699.CC 1. Arbitrary arrest and in140699.1CC
communicado deten140699.2CC
tion of 20 children
Morocco/Western 2. Ill-treatment of children
Sahara (20)
by military forces
1. Working group on
arbitrary detention
1. Case not mentioned in 2001 and
2000 reports
2. Special Rapporteur on
Torture
2. On 12 July 1999, the SR sent an
urgent appeal on behalf of the
children (para. 786 of the 2000
report)
MEX 310599.CC 1. Enforced disappearance
Mexico (1)
and probable extrajudicial execution of indigenous child by
Mexican military
1. Working Group on En- 1. Case not mentioned in 2001 and
forced or Involuntary
2000 reports
Disappearances
2. The SR, together with the SR
2. Special Rapporteur on
on torture, sent an urgent
Extrajudicial, summary
appeal to the Government
(para. 206 to the 2000 report
or arbitrary executions
Add. 1 and para. 751/52 of the
2000 report of the SR on Torture)
NIC 030999.CC
Nicaragua (1)
1. Special Rapporteur on
Torture
1. Failure to prevent
suicide of youth in
prison – neglect of
child's mental health
1. Case not mentioned in 2001
and 2000 reports
2. Special Rapporteur on 2. The SR transmitted one allegation of violation of the right to
Extrajudicial, summary
life to the Government of Nicaor arbitrary executions
ragua on behalf mentioned the
This case of disappearance and
execution shows that the SR on
Torture interprets his mandate
rather extensively, since there
were no signs of torture or illtreatment of the child
45
victim (para. 340 of Add. 1 of
the 2000 report)
PAK 050599.CC
Pakistan (38)
1. 38 children facing
death penalty and poor
detention conditions
2. Children detained with
adults
1. Special Rapporteur on
Torture
1. Case not mentioned in 2001 and
2000 reports
2. Working Group on
Arbitrary Detention
2. Case not mentioned in 2001 and
2000 reports
1. Detention of children with
adults subjects them to a high
risk of sexual abuse and violent
ill-treatment
3. Special Rapporteur on 3. Case not mentioned in 2001 and
Extrajudicial, summary
2000 reports
or arbitrary executions
PAL 020399.CC 1. Incommunicado dePAL 020399.1CC
tention of child
Palestine Autono- 2. Risk of torture
mous Areas (1)
1. Working Group on
Arbitrary Detention
PAL 110399.CC 1. Execution of 2 and critiPalestine Autonocal wounding of 3
mous Areas (5)
children by Palestinian
soldiers during a demonstration
1. Special Rapporteur on 1. The SR mentions the case in
Extrajudicial, summary
para. 501 of the 2000 report
or arbitrary executions
Add. 1
2. Special Rapporteur on 2. Case not mentioned in 2001 and
Torture
2000 reports
PAL 180199.CC 1. Arbitrary arrest and dePalestine Autonotention of child by the
mous Areas (1)
Preventive Security
Forces
1. Working Group on
Arbitrary Detention
1. Case not mentioned in 2001 and
2000 reports
SDN 081199
Sudan (1)
1. Serious beating of child
by armed men
1. Special Rapporteur on
Torture
1. Case not mentioned in 2001 and
2000 reports
VEN
050299.1CC
Venezuela (1)
1. Incommunicado detention of child by police
1. Working Group on
Arbitrary Detention
1. Case not mentioned in 2001 and
2000 reports
2. Special Rapporteur on
Torture
1. Case not mentioned in 2001
According to OMCT sources
the child was subsequently reand 2000 reports
2. On 10 March 1999, the SR sent leased
an urgent appeal on behalf of
Bilal Yehya Al-Ghoul (para.
1205 of the 2000 report)
46
VEN 080699.CC
Venezuela (1)
2. Ill-treatment of child by
state agents
2. Special Rapporteur on
Torture
2. On 10 Feb. 1999, the Special
Rapporteur transmitted an urgent appeal on behalf of three
persons (para. 1138 of the 2000
report)
1. Arbitrary arrest and illtreatment, threats of
children by police
1. Working Group on
Arbitrary Detention
1. Case not mentioned in 2001 and
2000 reports
2. Special Rapporteur on
Torture
2. Case not mentioned in 2001 and
2000 reports
47