CRC/C/COD/CO/3-5
Independent monitoring
12.
In view of the Committee’s general comment No. 2 (2002) on the role of
independent national human rights institutions in the promotion and protection of the
rights of the child, the Committee recommends that the State party ensure that the
National Commission on Human Rights is independent, including with regard to its
funding and mandate and the appointment and remuneration of its members, so as to
ensure full compliance with the principles relating to the status of national institutions
for the promotion and protection of human rights (the Paris Principles). The State
party is encouraged to establish, either within the Commission or separately, a
mechanism dealing specifically with children’s rights that can receive, investigate and
address complaints from children.
Cooperation with civil society
13.
Noting the difficulties faced by non-governmental organizations in obtaining
legal status, which in turn limits their access to funding, the Committee recommends
that the State party facilitate the work of such organizations by ensuring their
registration. It also recommends that the State party strengthen further its
collaboration with civil society organizations, including by providing support
necessary to their activities in all areas related to the promotion and protection of the
rights of children.
Children’s rights and the business sector
14.
In the light of general comment No. 16 (2013) on State obligations regarding the
impact of the business sector on children’s rights and given the fact that extractive
industries continue to cause the destruction of lands, ecosystems and the livelihoods of
families, in particular indigenous families with children, and forcing them into
situations of internal displacement, the Committee recommends that the State party
establish and implement regulations to ensure that extractive industries comply with
international and national human rights, labour, environment and other standards,
particularly with regard to children’s rights. In particular, it recommends that the
State party:
(a)
Establish a clear regulatory framework for the extractive industries
operating in the State party to ensure that their activities do not negatively affect
human rights or endanger the enforcement of environmental and other standards,
especially those relating to children’s rights;
(b)
Ensure effective implementation by companies, especially those in
extractive industries, of international and national environment and health standards
and effective monitoring of the implementation of those standards, ensure that
appropriate sanctions are imposed and remedies provided when violations occur, and
ensure that appropriate international certification is sought;
(c)
Require companies to undertake assessments and consultations
regarding the environmental, health-related and human rights impacts of their
business activities and to provide full public disclosure of such impacts and their plans
to address them;
(d)
Be guided by the “protect, respect and remedy” framework, recognized
by the Human Rights Council in 2008, while implementing these recommendations.
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