Photo: Elendil Cañete\CRC Asia
11-12 December 2019 | Alabang, City of Muntinlupa, Philippines
On 11-12 December 2019, CRC Asia co-organized with the ASEAN Intergovernmental Commission on Human Rights (AICHR) Philippines the ASEAN Dialogue on the UN Convention on the Rights of the Child General Comments held in Alabang, Muntinlupa City, Philippines.
The objective of the Dialogue was to improve the understanding of the ASEAN Member States (AMS) on the realization of the United Nations (UN) Convention on the Rights of the Child (CRC), the most widely ratified human rights treaty body in the world and the first convention ratified by all the AMS. To achieve this objective, the Dialogue focused on the discussions of the UN CRC General Comments (GCs) issued by the UN Committee on the Rights of the Child as authoritative interpretations of the articles in the UN CRC and its Optional Protocols.
The Committee issues the GCs to address the systemic violations, misunderstood provisions, or emerging issues relevant to children’s rights. As such, the GCs should be used by the States Parties in implementing the UN CRC. As of 2019, the Committee has issued 24 GCs, all with cross-cutting issues and some developed jointly with other human rights treaty bodies. For the 2019 Dialogue, two (2) GCs were discussed: The GC No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration (Art. 3, para. 1); and the GC No. 12 (2009) on the right of the child to be heard.
Experts on the UN system, UN CRC, and civil society organizations were invited to the Dialogue. The AMS were also be invited to share their good practices and challenges in implementing the GCs at the national and local levels. The participants were composed of AICHR representatives, the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC) representatives on children’s rights, representatives from related ASEAN Sectoral Bodies, government/ministry official, national and local legislators, civil society, and other adults working with children. At the end of the Dialogue, the participants identified possible ways forward that can be done at the regional and national levels. AICHR representatives are recommended to share the results to concerned stakeholders at the national level and implement action points.
This Dialogue is a follow-through of the project ASEAN Dialogue on the UN CRC and Its Related Instruments organized by AICHR in Manila in October 2018, and the AICHR-ACWC Training Workshop on the UN CRC held in Singapore in July 2017.
On December 11, during the Opening Ceremony, Ambassador Elizabeth P. Buensuceso, Representative of the Philippines to the AICHR gave the welcome remarks. Afterward, Norweigian Ambassador to the Philippines Bjørn Staurset Jahnsen and CRC Asia Regional Executive Director Ms. Amihan Abueva gave their remarks. Undersecretary Florita Villar of the Department of Social Welfare and Development delivered a special message on behalf of Secretary Rolando Joselito D. Bautista. Ambassador Buensuceso delivered the keynote message on behalf of the Secretary of the Department of Foreign Affairs of the Philippines, Teodoro L. Locsin, Jr.
Ambassador Bjørn Staurset Jahnsen (Ambassador of Kingdom of Norway to the Philippines). Photo: Elendil Cañete\CRC Asia
Ambassador Elizabeth P. Buensuceso (Representative of the Philippines to the AICHR). Photo: Elendil Cañete\CRC Asia
Ms. Amihan Abueva (CRC Asia Regional Executive Director). Photo: Elendil Cañete\CRC Asia
Undersecretary Florita Villar (Department of Social Welfare and Development). Photo: Elendil Cañete\CRC Asia
The delegates and the speakers headed out to the garden area for an official group photo and to see the folk dance performance prepared by the Philippine National School for the Blind.
Folk Dance Performance of Students from the Philippine National School for the Blind. Photo: Elendil Cañete\CRC Asia
After the break for the refreshments, the plenary program began with an introduction by Ms. Hazel Bitaña. Hazel gave an overview of the UNCRC General Comments. Her presentation was followed by the discussion of Atty. Mikiko Otani, a member of the United Nations Committee on the Rights of the Child and an international human rights lawyer based in Tokyo where practicing family law with a focus on women’s and children’s rights. Atty. Otani discussed the UNCRC General Comment No. 14 on the Best Interest of the Child. The open forum was facilitated by Ambassador Buensuceso.
Atty. Mikiko Otani (Member of the United Nations Committee on the Rights of the Child). Photo: Elendil Cañete\CRC Asia
Ms. Hazel Bitaña (CRC Asia Program Manager). Photo: Elendil Cañete\CRC Asia
The second half of the day was dedicated to the session on good practices and challenges in implementing the principle of the best interest of the Child. Dr. Seree Nonthasoot, Former AICHR Thailand Representative, discussed good practices in immigration and asylum proceedings and a presentation on the 2018 study by UNICEF and AICHR entitled “What ASEAN Integration Could Mean for Children: Assessment of the ASEAN Community Blueprint and Potential Impacts on Children.” The study aims to elaborate the multi-dimensional aspect of the right of development in the context of ASEAN integrated community and its implication to marginalized and vulnerable members of the population; identify opportunities and challenges in mainstreaming the right to development in ASEAN regionalism projects in the context of globalization and sustainable development goals, and to explore possible steps to be taken to narrow development gaps and the impact of globalization and regionalism project to the people in ASEAN. Dr. Nonthasoot presented the recommendations from the said study and discussed trade liberalization and children’s rights impact assessment, the ASEAN and Regional Comprehensive Economic Partnership (RCEP), children’s rights in international migration, and alternatives to children detention.
Dr. Seree Nonthasoot (Former AICHR Thailand Representative). Photo: Elendil Cañete\CRC Asia
Good practices and challenges in implementing the principle of the best interest of the child in varying contexts were presented by the following speakers: Prof. Dato’ Noor Aziah Mohd. Awal from the Commissioner for Child Affairs, SUHAKAM in Malaysia had a discussion on children exposed to domestic violence either as witnesses or victims; Adolescent Medicine specialist Dr. Emma Llanto of the Silid Kanlungan, Philippine General Hospital discussed good practices and challenges in the Right to Health, specifically Adolescent Health – Health risk of children in early/forced marriages and rights-based approach to the care of pregnant adolescents. Dr. Hartini Zainudin, Southeast Asia Focal Person on UN Relief Work Agency discussed the situations of vulnerability, including children with disabilities, belonging to a minority group such as refugees or asylum seekers, the victim of abuse, living in street situations.
Prof. Dato’ Noor Aziah Mohd. Awal (Commissioner for Child Affairs, SUHAKAM in Malaysia). Third from left. Photo: Elendil Cañete\CRC Asia
Dr. Hartini Zainudin (Southeast Asia Focal Person on UN Relief Work Agency). Photo: Elendil Cañete\CRC Asia
Dr. Emma Llanto (Pediatrician, Silid Kanlungan, Philippine General Hospital). Photo: Elendil Cañete\CRC Asia
Day one capped off with a welcome dinner.
On December 12, Ambassador Buensuceso provided a synthesis of what transpired on the first day of the dialogue.
The Department of Education installed an exhibit of illustration on the UN CRC done by students. Education Undersecretary Atty. Josephine Maribojoc guided the participants through the exhibition through a PowerPoint presentation. Afterward, Atty. Mikiko discussed UN CRC General Comment No. 12 on the Right of the Child to be Heard. Atty. Mikiko preferred not to use a PowerPoint presentation and proceeded with a free-flowing discussion of the GC, referring the delegates to the copy of the said GC included in their Dialogue kits. The Open Forum was moderated by Amihan Abueva. During the open forum, Atty. Mikiko also shared some of the concepts and ideas on child participation that may need to be challenged and questioned.
Atty. Josephine Maribojoc (Undersecretary, Department of Education). Photo: Elendil Cañete\CRC Asia
Department of Education Art Exhibition on UN CRC. Photo: Elendil Cañete\CRC Asia
Similar to Day One, after Atty. Mikiko’s discussion on the key GC, good practices and challenges in the implementation of the principle of child participation was discussed by several resource speakers. Dr. Farah Nini Dusuki, Senior Lecturer of the Faculty of Law at the University of Malaysia zeroed in on the children’s rights to be heard in penal judicial and administrative proceedings. Highlighting national and international proceedings, Amihan Abueva presented the results of the 2019 Asian Children’s Summit and the 2018 UN CRC Day of General Discussion.
Dr. Farah Nini Dusuki (Senior Lecturer of the Faculty of Law at the University of Malaysia). Photo: Elendil Cañete\CRC Asia
Ms. Ericka B. Quilos (Child Advocate, Children Talk to Children). Photo: Elendil Cañete\CRC Asia
Ms. Ericka B. Quilos of Children Talk to Children shared her experiences in participating in various platforms as a child advocate herself. Ms. Quilos welcomed practical questions and received positive feedback from the delegates.
Atty. Mikiko discussed the updates from the UN Committee on the Rights of the Child before the participants headed to various workshop groups to identify ways forward at the national and regional levels. The delegates were divided into four (4) workshop groups and collectively tackled the following questions:
- How does your country disseminate the General Comments (GCs)?
- Do you/your country conduct child rights assessment before and after passing a law?
- What kind of support do you need to implement the principles of the best interest of the child and child participation in your work?
- Any other recommendations to AICHR, ASEAN, or the UN Committee on the Rights of the Child?
- When do you start human rights education in your country? How?
Groups assigned their respective facilitators, documenters, and reporters.
Workshop Break-out Group No. 4. Photo: Elendil Cañete\CRC Asia
Workshop Break-out Group No. 3. Photo: Elendil Cañete\CRC Asia
Workshop Break-out Group No. 2. Photo: Elendil Cañete\CRC Asia
Workshop Break-out Group No. 1. Photo: Elendil Cañete\CRC Asia
At the plenary, the reporters from the four groups briefly shared the results of their discussions.
Ms. Amihan Abueva provided a synthesis of the discussions on the second day. Ambassador Buensuceso gave the closing remarks followed by a highlight video of the two-day Dialogue.
Ms. Maria May-i Fabros of United Nations International Organizations (UNIO) served as the overall moderator of the Dialogue.
Ms. Maria May-i Fabros (United Nations International Organizations). Photo: Elendil Cañete\CRC Asia
