Guidelines - EU is DIVIDED

Document type: Report

Publication date: 27 October 2009

From: TOMKIN Jean (RELEX-NEW YORK)
Sent: Tuesday, October 27, 2009 1:08 AM
To: GORSKA   Malgorzata (RELEX); ZARU Davide (RELEX); GEURTS Charles-Michel   (RELEX)
Cc: CURTIS Michael (ECHO); COMBES Isabelle (ECHO); GARAY   AMORES Juan (DEV); ZITO Anna (JLS); OLTEANU Dora (JLS); DE SADELEER Katja   (ELARG); GIAUFRET Emanuele (RELEX-NEW YORK); WIRKUS Tomasz (EMPL); TIMANS Rolf   (RELEX); VAN BELLINGHEN Marc (RELEX); DE PEYRON Kristin (RELEX);   KASSANGANA-JAKUBOWSKA Margareta (RELEX); BOIDIN Jean-Claude   (DEV)
Subject: RE: guidelines for the alternative care of children

Dear all

Today during the EU coordination, the guidelines on the alternative care for children was raised. The EU is divided in three at this point.

1. UK,and to a lesser extent DK, DE, FI, IE all are against adopting or even welcoming the draft guidelines and would prefer instead to note them.

2. IT, NL, BE, FR would agree to welcome the text, and should it be a question of re opening the text here in NY, then DE, FI, IE would fall into this category. (NB UK still would be happy to open the text rather then welcome it)

3. PT, AT, would like to adopt the text ideally, but could agree with welcoming.

PT, and AT who are in the group of friends also noted that Brazil would sooner call for a vote, or reopent the text rather then go below welcoming the text.

FR noted that opening the text is a red line for them. Discussion continues tomorrow, Pcy asked that partners consider welcoming and whatever other amendments they could live with. I attach the current version of the draft text for your information,which will be discussed in EU coordination tomorrow.

Thank you.

Kind regards,

Jean Tomkin

Human Rights Advisor

On behalf of

Emanuele Giaufret
Counsellor

Human Rights and Social Affairs
EU Delegation of the European Commission to the UN
222 East 41st Street, 20th Floor
New York NY 1001
Tel. (212) 401 0155
Fax (212) 758 2718

From: TOMKIN Jean (RELEX-NEW YORK)
Sent: Monday, October 19, 2009 9:54 AM
To: VICENTE VILA     Patricia (DEV)
Cc: CURTIS Michael (ECHO); COMBES Isabelle (ECHO);     GARAY AMORES Juan (DEV); ZITO Anna (JLS); OLTEANU Dora (JLS); DE SADELEER     Katja (ELARG); GIAUFRET Emanuele (RELEX-NEW YORK); WIRKUS Tomasz (EMPL);     ZARU Davide (RELEX); GEURTS Charles-Michel (RELEX); TIMANS Rolf (RELEX);     GORSKA Malgorzata (RELEX); VAN BELLINGHEN Marc (RELEX); DE PEYRON Kristin     (RELEX); KASSANGANA-JAKUBOWSKA Margareta (RELEX); BOIDIN Jean-Claude     (DEV)
Subject: RE: guidelines for the alternative care of children

Dear all,

Apologies for not sending the attachment as indicated previously. I am forwarding the draft res with the guidelines on the Guidelines for the Alternative Care of Children, (Brazil) as well as the cover email.

The draft resolution is aimed at adopting the Guidelines, following the decision in HRC Res 11/17 to submit the Guidelines to the General Assembly “for consideration, with a view to their adoption”. This resolution was adopted by consensus with some 40 co-sponsors, of which 5 EUMS.

During the first round of informals, Canada and the U.S. indicated that there may not be consensus for adopting the guidelines as they stand. This was echoed by a number of EU partners during EU coordination this morning where many raised their concerns of the process of the negoitations. DE, UK were particularly critical of the process and would support the pcy proposal not to adopt the text but to welcome it (OP1) and to reformulate OP 2 to stress that govts should take into account the guidelines when formulating policy. Exact language to be forwarded to us in due course. AT/PT were ready to support Brazil. Most EU MS have to wait for instructions. The Pcy sees some merit in Brazil's assessment during the informals not to open up the text. FR noted that it is a redline not to open up the text.

Next steps: push not to open up the text, move away from adopting the guidelines, towards welcoming them, and awaiting further instructions on EU position.