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DNA Tests Forced on Family of Argentine President's Foe

DNA Tests Forced on Family of Argentine President's Foe

Updated: 6 hours 17 minutes ago
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Theunis Bates

Theunis Bates Contributor

(June 7) -- Relations between Argentina's government and its opponents in the press reached a new low today, after the adopted children of an opposition-backing media magnate were forced to undergo a court-ordered DNA test.

Supporters of President Cristina Fernandez de Kirchner hope that the results will show that Ernestina Herrera de Noble -- the 84-year-old owner of Grupo Clarin, which runs the country's largest newspaper and cable network -- was connected with state-approved murders carried out during Argentina's dark years of military rule.

Herrera de Noble adopted the two children at the heart of this controversial case, Marcela and Felipe Noble Herrera, in 1976, soon after Isabel Peron was overthrown by a military coup. Campaigners allege that the siblings, who are set to inherit a $1 billion fortune, didn't come from an orphanage, but were in fact illegally snatched from one of the 30,000 people "disappeared" during Argentina's so-called Dirty War.
Marcela Noble, left, and her brother Felipe Noble, pose for pictures after an interview Thursday, June 3.
Natascha Pisarenko, AP
Marcela, left, and her brother Felipe, the adopted children of media magnate Ernestina Herrera de Noble, were forced to undergo DNA testing on Monday.

It's believed that between 1976 and 1983, around 500 children born to political prisoners being held in covert detention centers were removed by the dictatorship. The babies were then handed over to families loyal to the regime, while their real parents were executed. (A favored method of "disappearance" involved drugging prisoners, and then tossing their bodies from a helicopter as it hovered over the sea.)

Thanks to DNA testing, activist group the Grandmothers of the Plaza de Mayo -- who aim to identify the 500 missing grandchildren and reunite them with their biological relations -- has so far managed to uncover 101 of the snatched kids. And the organization believes that Marcela and Felipe are children 102 and 103, suspecting they were passed to Herrera de Noble because of her close connections with the regime.

If the DNA tests prove that the aging press baroness knowingly adopted the children of people executed by the junta, she could face a hefty prison sentence. However, although an investigation was opened into their adoption in 2001, Marcela and Felipe have always refused to submit to genetic testing, saying that there is no evidence that their parents were disappeared and that don't want to know their names.

They also argue that their adoptive mother is being targeted because for the past two years she has been a consistent thorn in the side of the president. In 2008, the Clarin group's newspaper and TV channels sided with farmers who went on strike over the government's plans to introduce an export tax on many agricultural products. The president's approval ratings have never recovered from the incident.

Critics claim that President Kirchner took her revenge last year, by approving a new law proposed by the Grandmothers allowing for the forced extraction of DNA from adults who may be the children of political prisoners -- even those who didn't want to know their origins. Elisa Carrio, head of the centrist Radical Civic Union party, described the legislation as "pure fascism" at a press conference and said that it had been written with the aim of bringing down Herrera de Noble.

Last week, a judge sought to enforce that controversial law by ordering armed agents to track down Marcela and Felipe and videotape them surrendering items of clothing. Pieces of underwear and other items were eventually handed over to the authorities. DNA will be extracted from the clothing (the siblings had refused to give a blood sample) and compared with hundreds of samples provided by relatives of disappeared mothers and fathers.

The case has led many in Argentina to wonder whether it is appropriate to treat these possible victims of the junta as if they were common criminals. "[The Grandmothers'] work is noble, it's praiseworthy. But the end doesn't justify the means," Marcela told The Associated Press last week. "When human rights groups say they have to protect the victims, to take care of these children we love, is this love? It's a form of love that we don't understand. This is why we feel we aren't listened to."

She added that if they discovered they were the children of disappeared Argentines, they would try "to assimilate it, it's up to us to prepare ourselves and it's up to us to see what we want to do. Only we will know how we'll feel."

Her brother, however, said that the test will change nothing. "Whatever the result," Felipe told the news agency, "for me it's just one more sheet of paper, one more fact in my desk."

Argentine media heirs face 'adoption' DNA tests

Argentine media heirs face 'adoption' DNA tests

Activists suspect they were born to prisoners during the Dirty War

By David Usborne in New York

Tuesday, 8 June 2010

Marcel and Felipe Noble Herrera, the adopted children of Ernestina Herrera de Noble, the owner of the Clarin publishing group

AP

Marcel and Felipe Noble Herrera, the adopted children of Ernestina Herrera de Noble, the owner of the Clarin publishing group

Christian Coalition Presents

Christian Coalition Presents
The Contract With The American Family

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Christian Coalition Presents
The Contract With The American Family

 

Introduction

In the 1994 midterm elections, the American people elected the first
Republican Congress in 40 years in what was the largest transfer of power
from a minority party to a majority party in the twentieth century. The
message of the election was clear: the American people want lower taxes,
less government, strong families, protection of innocent human life, and
traditional values.

The 104th Congress devoted its first hundred days to the Contract with
America, including a Balanced Budget Amendment, tax relief for families,
welfare reform, and term limits. Christian Coalition enthusiastically
supported the Contract and launched one of the most extensive grassroots
campaigns in its history to support the Contract's passage. The Coalition
will continue this effort as the Contract moves through the Senate.

The problems our nation faces are not all fiscal in nature. The American
people are increasingly concerned about the coarsening of the culture, the
breakup of the family, and a decline in civility. A recent Los Angeles
Times poll reported that 53 percent of Americans believe the moral problems
facing our country are more important than the economic problems.1 Other
survey data indicates that 80 percent of Americans believe there is a
problem of declining morality within our nation.2

The Contract with the American Family is a bold agenda for Congress
intended to strengthen families and restore common-sense values. The
Contract represents a valuable contribution to a congressional agenda
beyond the first hundred days. These provisions are the ten suggestions,
not the Ten Commandments. There is no deadline or specified time period
during which they are to be enacted. But Congress would be well advised to
act with all due and deliberate speed. The provisions in the Contract enjoy
support from 60 to 90 percent of the American people.

These items do not represent the pro-family movement's entire agenda. There
are many other prominent pro-family organizations that will work on many
other issues - women in combat, welfare reform, budget policy - in the
months ahead. This contract is designed to be the first word, not the last
word, in developing a bold and incremental start to strengthening the
family and restoring values.

Restoring Religious Equality

A constitutional amendment to protect the religious liberties of Americans
in public places.

With each passing year, people of faith grow increasingly distressed by the
hostility of public institutions toward religious expression. Public
interest law firms dedicated to preserving religious liberties receive
thousands of calls every year on issues pertaining to the rights of
students in public schools.

Examples of hostility toward religious values and those who hold them
abound. In Nevada, an elementary school student chosen to sing a solo in
the school's Christmas pageant was forbidden from singing "The First Noel"
because of its religious overtones.3 At a public elementary school in Rhode
Island, the principal announced shortly before the beginning of a Christmas
concert that he had censored all of the pageant's songs.4 A Scarsdale, New
York school board banned all religious celebrations from schools, although
parties with non-holiday themes were still permitted. According to the
Catholic League for Religious and Civil Rights, the ban included "displays
or exhibits, such as wreaths, garlands, caroling and menorahs that appear
to promote or give approval to religious matters," as well as "candy canes,
bells, holiday music, and Hanukkah or Christmas parties and concerts."5
Teachers in New Jersey were told to avoid references to Easter, including
jelly beans and the colors purple and yellow.

Children have been told they cannot read the Bible during silent reading
time.6 In one school, a little girl was told there was a problem with the
book she chose to read to her class - it mentioned "God" four times.7

This anti-religious bigotry is not confined to the classroom. Nativity
scenes are now barred from federal post offices,8 and from the lawns of
public buildings unless accompanied by a non-religious display such as
Santa Claus. Some courthouses are prohibited from displaying the Ten
Commandments (despite the fact that they are chiseled into the walls of the
United States Supreme Court). And landlords have been sued by the state for
discrimination because they refused to rent to unmarried couples for
religious reasons.9

This hostility toward faith is the result of 30 years of confusing and
often quixotic jurisprudence in establishment clause cases. The Supreme
Court's application of the three-pronged "Lemon test," first developed in
Lemon v. Kurtzman (1971),10 has become so tortuous that some court
decisions allow states to lend textbooks, but not movie projectors, maps,
or laboratory equipment to parochial schools; to supply guidance counseling
services outside of parochial schools, such as mobile units, but not within
the schools; and to provide bus services to and from parochial schools, but
not for school field trips.11 Justice Scalia, who like many has argued for
ending the use of this confusing test, has likened it to "some ghoul in a
late-night horror movie that repeatedly sits up in its grave and shuffles
abroad, after being repeatedly killed and buried-"12

Despite such rollbacks in religious rights, the American public
consistently supports freedom of religious expression in the public square.
An April 1994 Wirthlin poll indicates that reinstating voluntary school
prayer not only continues to receive overwhelming support (78 percent of
Americans), but it also enjoys support across a broad spectrum of
Americans: 79 percent of African Americans and 80 percent of whites support
school prayer; 85 percent of low income and 71 percent of high income
Americans support school prayer; and 65 percent of non-Christians and
between 80 and 94 percent of Christians support school prayer.

The Religious Equality Amendment would not restore compulsory, sectarian
prayer or Bible-reading dictated by government officials. Instead, we seek
a balanced approach that allows voluntary, student and citizen-initiated
free speech in non-compulsory settings such as courthouse lawns, high
school graduation ceremonies, and sports events.

A survey by the Luntz Research Company found that 78 percent of all
Americans support a Religious Equality Amendment. We urge the 104th
Congress to pass an amendment that not only protects the rights of
students, but the religious liberties of all Americans.

Returning Education Control to the Local Level

Transfer funding of the federal Department of Education to families and
local school boards.

The need for education reform is plainly evident if one considers the
trends of recent decades. SAT scores have dropped by more than 75 points
since 1960.13 Ten nations outperform U.S. 13-year-olds in math and science
tests.14 And as education performance drops, the level of school violence
in our schools is on the rise. The dramatic increase in shootings and
violence-related injuries occurring in our nation's schools is well-known.
Because of the prevalence of weapons, many American students are greeted
with metal detectors when they arrive for school in the morning. In 1992,
10 percent of tenth-graders admitted they had taken a weapon to school
during the past month.15 There are 250,000 crimes committed on school
property each year.

Parents are distressed over the failure of schools to teach children basic
skills of reading, writing, and arithmetic. Too often, sex education
emphasizes contraception and condom use rather than abstinence and
self-control. Homosexuality is promoted as an acceptable alternative
lifestyle. Outcome-based education (OBE) supplants basic skills.
Psychological counseling takes place without parental involvement or
notification.16 Christian Coalition members believe schools should
reinforce rather than undermine the values taught in homes, churches and
synagogues.

Parental involvement and local control is the most pressing need in
education today. A current report by the U.S. Department of Education,
"Strong Families, Strong Schools," corroborates the fact that parental
involvement in children's education results in higher student
performance.17 Many local and state reform initiatives focus on increasing
parental rights and participation in their children's education.

Despite this trend at the local level, the federal government has done
little to advance these initiatives. In 1993 and 1994, Congress tightened
the federal choke hold on local schools by passing Goals 2000, the Educate
America Act18 and the Improving America's Schools Act, which re-authorized
the Elementary and Secondary Education Act (ESEA).19

Christian Coalition seeks to return greater power and control over our
children's education to parents and local communities. This reform begins
by transferring much of the funding for the U.S. Department of Education to
families and local school boards, and applying the remainder to deficit
reduction.

The U.S. currently spends approximately $275 billion per year on public
education.20 Yet student performance and educational achievement do not
reflect this financial investment. As Time magazine recently noted, "The
U.S. spends a greater percentage of its gross national product on education
(7.5 percent) than any other country except Israel, and yet is
out-performed in math and science among 13-year-olds by more than 10
nations, including Hungary, Taiwan and the former Soviet Union."21 Less
than half of federal education dollars reach classrooms for instruction.22

Increased spending is not the answer. In fact, the 10 states ranking
highest in education performance do not top per-pupil expenditures.23
Rather, the answer lies in eliminating bureaucracies, administrative costs,
and federal restrictions that prevent effective reform at the local level.

Since the time of its creation in 1980, the U.S. Department of Education
has grown in magnitude to the point that it now consists of 241 separate
programs, a budget of $30 billion,24 and more than 5,000 employees.25
Moreover, federal control over education has dramatically increased,
ultimately culminating with the 1994 passage of Goals 2000 and H.R. 6, the
Improving America's Schools Act.

Goals 2000 established several new federal bureaucracies, including the
National Education Standards and Improvement Council (NESIC), which many
view as equivalent to a national school board. NESIC has powerful authority
to certify national education standards regarding educational content and
student performance. Although these standards are not binding on states,
they do have national stature, and states have to "voluntarily" develop
comparable standards in order to receive a portion of the billions of
dollars in federal funding authorized under the Elementary and Secondary
Education Act.

When Congress passed Goals 2000, many people predicted it would lead to the
establishment of "politically-correct" national education standards,
resulting in the introduction of outcome-based education (OBE) on a
national scale. Verification of this prediction came quickly.

With 1994's release of national history standards, developed with $2.2
million in federal funding from the National Endowment for the Humanities
and the U.S. Department of Education, it became obvious that national
education standards would not be objective.26 Criticism of the biased and
distorted views prevalent in both sets of standards - the National
Standards for United States History, as well as the National Standards for
World History - was widespread. Criticism of the U.S. History standards
included the fact that the United States Constitution was never mentioned
in any of the 31 standards, and was relegated to the supporting
materials;27 the establishment of the National Organization of Women and
Sierra Club were viewed as notable events, but not the first assembling of
the United States Congress;28 and according to one reviewer, the material
revealed only one quotation from a congressional leader, and that was Tip
O'Neill calling Ronald Reagan "a cheerleader for selfishness."29 The World
History standards drew widespread criticism also, particularly for their
anti-Western bias.30

The bias in these standards was so grave that the United States Senate
overwhelmingly adopted (99 to 1) a resolution condemning the standards and
expressing the sense of the Senate that NESIC not certify them.31
Nevertheless, 10,000 copies of these standards already have been mailed to
school administrators and others throughout the nation.32 These national
standards undermine parental involvement and local control of education.

The time to return federal education control to parents and local
communities through elimination of the United States Department of
Education is long overdue, and a good first step would include repealing
Goals 2000 legislation.

Promoting School Choice

Enactment of legislation that will enhance parents' choice of schools for
their children.

School choice initiatives are sweeping the nation like wildfire. Sixty-two
percent of Americans favor choice among public schools, and 50 percent
favor vouchers.33 School choice legislation was either introduced or
pending in 34 states in 1993.34 These initiatives take a number of forms,
including voucher programs, tax credits and charter schools.

Voucher programs provide monetary assistance to parents for use at the
school of their choice. Tuition tax credits achieve the same goal of school
choice, and are preferred by some communities. Charter schools are a
creative new initiative through which states charter and fund alternative
schools designed to meet the needs of a diverse student population. Other
local initiatives include the privatization of public schools, such as in
Baltimore, Maryland and Hartford, Connecticut. As parents and local
communities strive to reform our country's educational system, the federal
government must do more to assist these efforts.

One possible example of federal school choice legislation is S. 618, the
Coats-Lieberman Low-income School Choice Demonstration Act. This
legislation would establish up to 20 demonstration projects that would
provide financial assistance to low-income parents to help them send their
children to the school of their choice, whether public or private. The
legislation requires an evaluation of the effectiveness of this
demonstration initiative in order to provide objective documentation of the
merits of school choice. With almost half of high school students in inner
city schools failing to graduate,35 educational reform for low-income
parents in these cities is becoming increasingly urgent.

We urge the swift passage of school choice legislation such as S. 618
during the 104th Congress as a means of promoting school choice for
parents. We believe passage of this bill will spur grassroots efforts to
reform education and give parents greater choice in selecting the best
school for their children.

Protecting Parental Rights

Enactment of a Parental Rights Act and defeat of the U.N. Convention on the

Rights of the Child.

The United States Constitution does not explicitly set forth protections
for parental rights, but a long line of court cases have held that the
United States Constitution protects the right of parents to control the
upbringing of their children. The rights of parents, however, are under
increasing assault in modern day society.

For example, state officials removed an eighth-grade girl from her home
because she objected to the ground rules (regarding use of drugs, curfew
hours, etc.) her parents had set.36 One mother's child was removed from her
home because the mother refused to continue to take her first-grade child
to therapy lessons for hyperactivity.37 And in 1992, a San Diego grand jury
found that 35 to 70 percent of the county's foster children "never should
have been removed from their parental homes."38

Enactment of a Parental Rights Act will ensure that parental rights are not
violated and ensure that parents have the foremost duty and responsibility
to direct the upbringing of their children. Representatives Steve Largent
(R-OK) and Mike Parker (D-MS) in the House, and Senators Charles Grassley
(R-IA) and Howell Heflin (D-AL) in the Senate, are drafting a parental
rights act to address this critical problem. While language is still being
finalized, the authors intend that the Parental Rights Act of 1995 will
clarify that "the right of parents to direct the upbringing of their
children," includes overseeing their children's education, health care,
discipline, and religious training. Moreover, it requires that any
governmental interference in the parent-child relationship be justified by
"clear and convincing evidence" that it "is essential to accomplish a
compelling governmental interest" and that it is applied in "the least
restrictive means" possible.

The threat to the rights of America's parents is very real, as the movement
to ratify the U.N. Convention on the Rights of the Child exemplifies. The
Convention on the Rights of the Child is a human rights treaty adopted in
1989 by the General Assembly of the United Nations. It has not been
ratified in the United States. In the past, the United States has not
supported the treaty due to concerns that it may concede jurisdiction over
United States citizens to an international body and international court.39

Christian Coalition opposes the treaty because it interferes with the
parent-child relationship, threatens the sovereignty of U.S. law, and
elevates as "rights" such dubious provisions as access to television and
mass media. The following are some of the examples of the absolute rights
given to children through this treaty:

   * "No child shall be subjected to arbitrary or unlawful interference
     with his or her privacy, family, home or correspondence - The child
     has the right to the protection of the law against such interference
     or attacks."40

   * "The child shall have the right to freedom of expression; this right
     shall include freedom to seek, receive and impart information and
     ideas of all kinds, regardless of frontiers, either orally, in writing
     or in print, in the form of art, or through any other media of the
     child's choice."41

   * With respect to the right of the child to freedom of association or
     peaceful assembly, "[n]o restrictions may be placed on the exercise of
     these rights other than those imposed in conformity with the law and
     which are necessary in a democratic society in the interests of
     national security or public safety, public order, the protection of
     public health or morals or the protection of the rights and freedoms
     of others."42

Under the treaty, parents could well lose their right to prevent their
child from associating with disreputable individuals such as delinquents,
or receiving literature or gaining access to mass media communication
(including films and television) that is not age-appropriate.

Pursuant to the treaty, a Committee on the Rights of the Child has been
established to review reports from nations regarding their progress in
implementing the treaty. The committee has urged that in the area of sex
education, parents be required to give the opinion of the child equal
weight. The committee warned that "the possibility for parents in England
and Wales to withdraw their children from parts of the sex education
programmes in schools" undermines "the right of the child to express
his/her opinion."43

The committee's concern about soliciting children's views prior to
"exclusion from school" should be of particular concern to parents who
educate their children at home. It is clear that rejection of this treaty
by the United States Senate would be in the best interests of American
parents.

Family-Friendly Tax Relief

Reduce the tax burden on the American family, eliminate the marriage
penalty, and pass the Mothers and Homemakers' Rights Act to remedy the
unequal treatment that homemakers receive under the Internal Revenue
Service Code with respect to saving for retirement.

It has been said that the intact family is the most successful Department
of Health, Education, and Welfare ever conceived. Yet the federal
government, through the tax code, has punished families for working,
saving, and staying together. The Contract with the American Family
addresses not only the cultural pressures on families, but the financial
pressures as well.

     1. Tax relief for families with children.

     In 1950 the average family of four in America paid just 2 percent of
     its adjusted gross income in federal income taxes. Today that same
     family sends one out of every four dollars to Washington. When state
     and local taxes are added, the average family of four pays 38 percent
     of its entire income in taxes, more than it spends on such essentials
     as housing, clothing and food.

     Christian Coalition's top legislative priority since 1993 has been tax
     relief for America's hard-working families. We strongly favor the $500
     tax credit for children that has been passed by the House and awaits
     action in the Senate. Our long-term goal is to restore the standard
     deduction for children to its inflation-adjusted 1946 value: $8,000 to
     $10,000 per dependent child.

     Christian Coalition also supports in concept a flat or flattened tax
     (with a generous personal exemption for children) as an ultimate goal
     to simplify the tax code, reward work and savings, and reduce the
     crushing tax burden on families.

     2. Eliminate the marriage penalty.

     Under current law, many married couples pay more in taxes than they
     would if they remained single because their combined income puts them
     into a higher tax bracket. On April 5, 1995, as part of the American
     Dream Restoration Act, the House of Representatives voted to restore
     tax fairness for married couples. H.R. 1215 makes married couples
     eligible for a tax rebate of up to $145 if their tax liability goes up
     as a result of being married. In a time when family breakups are so
     common, the Senate should pass this legislation to encourage marriage
     and ease the burden on families trying to form and stay together.

     3. The Mothers and Homemakers Rights Act.

     The Contract with the American Family calls for the enactment of
     legislation such as the Hutchison-Mikulski Individual Retirement
     Account equity bill (S. 287), which will allow homemakers to
     contribute up to $2,000 annually toward an IRA, thereby providing
     equitable treatment to spouses who work at home.

     The Internal Revenue Code currently allows a double-income married
     couple to contribute up to $4,000 per year toward retirement by
     allowing them to contribute up to $2,000 each toward an IRA. However,
     in the case of a single-income married couple, the couple can only
     contribute up to $2,250 per year toward retirement through an IRA,
     with the homemaker's contribution limited to $250. This inequity in
     the tax code reflects a disrespect for the valuable role of the
     homemaker in our society. Christian Coalition urges Congress to remedy
     this injustice by amending the tax code to allow homemakers to
     contribute equally up to $2,000 annually toward an IRA. This could
     provide an increase of up to $150,000 in savings for a couple after 30
     years.44 Furthermore, because the value of families never decreases,
     the contribution amount should be indexed to inflation.

Restoring Respect for Human Life

Protecting the rights of states that do not fund abortion, protecting
innocent human life by placing real limits on late-term abortions, and
ending funds to organizations that promote and perform abortions.

In speaking to the National Prayer Breakfast in 1994, Mother Teresa
delivered an eloquent and stirring defense of the rights of innocent human
life. "The greatest destroyer of peace today is abortion," Mother Teresa of
Calcutta said at the National Prayer Breakfast in February 1994. "It is a
war against the child, a direct killing of the innocent child."45

The foundation of all our rights as Americans - to speech, assembly, and
religious expression - are all built upon the right to life. The genius of
the American idea is that every person is endowed by his Creator with
certain inalienable rights, the first of which is the right to life.

Christian Coalition seeks by all lawful and non-violent means to protect
innocent human life for the disabled, the elderly, the infirm, and the
unborn. We support constitutional and statutory protection for the unborn
child. Our ultimate goal is to establish the humanity of the unborn child
and to see a day when every child is safe in their mother's womb.

We urge Congress to take the following action as a beginning toward that
end.

     1. Real limits on late-term abortions by providing legal protection to
     children in the latter months of pregnancy and ending the practice of
     "partial-birth abortions."

     Most Americans would be shocked to learn about the methods that are
     used in late-term abortions in America today. These methods have
     reached the point to where a fully formed child can be completely
     delivered alive, with the exception of the child's head, and then the
     abortionist is free to end the child's life. This "partial-birth
     abortion" procedure is also known as "dilation and extraction," or
     D&X, in which forceps are used to remove second and third-trimester
     babies, with only the head remaining inside the uterus. The child's
     life is then ended, and the dead child is delivered.46

     Most tragic of all is the fact that the majority of these babies are
     alive until the end of the proceeding.47 Indeed, virtually all of the
     victims are beyond the 24th week of pregnancy, and many can survive
     outside the womb.

     It is difficult to estimate the number of partial-birth abortions
     performed, because abortion statistics in general are unreliable. The
     Alan Guttmacher Institute, a research group affiliated with Planned
     Parenthood, estimates that about 10 percent of abortions occur in the
     second or third trimester. One abortionist who specializes in D&X
     procedures testified in 1992 that he had performed 700 of them.48

     Establishing real limits on late-term abortions is one of the most
     important steps Congress can take to protect innocent human life. A
     child has a better than 50-percent chance of survival outside its
     mother's womb at 26 weeks.49 But the D&X technique has been used on
     children up to 40 weeks gestation, which is a full-term pregnancy.50
     One physician experienced in this procedure admitted to having mixed
     feelings on its morality:

     "I do have moral compunctions. And if I see a case that's later, like
     after 20 weeks where it frankly is a child to me, I really agonize
     over it because the potential is so imminently there. I think, 'Gee,
     it's too bad that this child couldn't be adopted.'"51

     We call on the 104th Congress to enact restrictions on late-term
     abortions and end the practice of D&X abortion. Children at any stage
     of pregnancy should not be subject to this cruel and inhumane form of
     death, but such treatment of those who can clearly survive outside the
     mother's womb is particularly cruel.

     2. Protect the rights of states that do not wish to use taxpayer funds
     to take innocent human life.

     In 1993 Congress re-authorized the Hyde Amendment, in effect since
     1977, with rape and incest exceptions. Christian Coalition believes
     taxpayer funds should only be used to pay for an abortion when the
     mother's life is in danger.

     The Clinton administration issued a new interpretation of the Hyde
     Amendment, and rather than permitting states to use Medicaid dollars
     to fund abortion in rape and incest cases, it requires them to do so.
     This created havoc in the states because 30 states prohibited public
     funding of abortion, with the life of the mother being the sole
     exception. Another six states had reporting requirements for abortions
     due to rape and incest which were invalidated under this new
     directive. As a result, many states are now involved in litigation
     over this issue and seven states are facing administrative enforcement
     proceedings which could ultimately result in the termination of
     federal Medicaid funding to the state. Moreover, as a result of
     litigation, two state constitutional provisions have been invalidated
     and now the states are required to pay for abortion for any reason,
     with state funds. Enacting legislation to clarify the congressional
     intent behind the Hyde amendment and to protect states' rights in this
     area is a matter of urgency for the 104th Congress.

     The Coalition urges Congress to adopt the Istook/Exxon Amendment that
     would protect the rights of the citizens of states that do not use
     taxpayer funds to take human life.

     3. End taxpayer subsidies to organizations that promote and perform
     abortions.

     We call for an end to federal funding for organizations that promote
     and perform abortions. This includes an end to funding for
     international family planning organizations that promote and perform
     abortions.

     Christian Coalition, along with numerous American taxpayers, believes
     that abortion is the taking of innocent human life and that tax
     dollars should not be used to promote it. Yet, organizations that
     receive funding under Title X are required to counsel and refer young
     adolescents on abortion. This implicitly sends the message to these
     youngsters that abortion is an acceptable method of family planning.

     The merits of continued funding of the Title X program have long been
     questioned. It is estimated that one-third of the clients served
     through Title X funding are teen-agers.52 And yet, during the course
     of the 25 years of Title X's existence, the out-of-wedlock birth rate
     among girls aged 15-19 has increased 100 percent, the abortion rate
     for teens has more than doubled, and sexually transmitted diseases
     among teens also have increased.53 Today, one out of every four
     sexually experienced teen-agers becomes infected with a sexually
     transmitted disease annually.54

     Family planning expenditures for all ages under Medicaid now
     approximate $252 million annually,55 and the annual appropriation to
     the Title X family planning program is now $193 million,56 one-third
     of which is expended on adolescents. The time is long overdue for the
     United States Congress to eliminate funding for such programs.

     Similarly, the American taxpayer should not be forced to fund
     international family planning organizations that promote abortion
     overseas. The United States contributed $50 million to the United
     Nations Population Fund (UNFPA) alone for this year,57 despite its
     involvement in China's coercive population-control program that
     includes forced abortions.58 Amnesty International USA recently
     outlined some of the reports coming out of China regarding the method
     used to enforce its "one-child" policy:

     [D]etainees were beaten and tortured to accelerate the payment of
     fines. Some were reportedly hung upside down, others received electric
     shocks on their tongue with electric batons or live wires-

     One man who could not bear to see his wife tortured in a cell for days
     attempted to sell their children in Beijing- other women pregnant

     eight or nine months were given - against their will - injections to
     induce miscarriages.59

In fiscal year 1993, the United States contributed at least $580 million
toward world family planning programs.60 Any of this money that is
contributed to organizations that encourage or perform abortions should be
eliminated. Moreover, the entire budget should be reviewed to determine the
success of the program to ensure that, like Title X, we are not subsidizing
failed programs.

Encouraging Support of Private Charities

Enactment of legislation to enhance contributions to private charities as a
first step toward transforming the bureaucratic welfare state into a system
of private and faith-based compassion.

A 1994 report by the National Center for Policy Analysis details the
growing evidence that private sector charities do a better job than
government "of getting prompt aid to those who need it most, encouraging
self-sufficiency and self-reliance, preserving the family unit and using
resources [more] efficiently."61 According to the same report, "94 percent
of all shelters for the homeless in the U.S. are operated by private sector
organizations."62 Studies have shown that "as many as 80 percent of
low-income people turn to the private sector first when facing a crisis."63

In light of this evidence, as well as the growing evidence of the failure
of government programs to discourage welfare dependency, the federal
government should take steps to encourage donations to private charities
which serve the needy.

In their Contract with America, House Republicans have enacted the most
dramatic and sweeping welfare reform in decades. By turning welfare
spending over to the states in the form of block grants, this reform will
encourage innovation at the local level, promoting work and personal
responsibility.

The Contract with the American Family takes the next step. We propose
unleashing the charitable capacity of the American people by providing
private, non-governmental solutions to the problems of the underclass.
Through the Salvation Army and other private charities, millions of
Americans will be able to provide compassionate assistance to those in need
without sending more tax dollars to a failed, discredited bureaucratic
welfare state.

Many citizens are not as generous in their contributions to private
charitable organizations these days because they already are overtaxed.
However, if given the choice between having their tax dollars subsidize
government welfare programs or subsidize private charitable programs, many
would prefer to designate the money to a private charity of their choice.
Christian Coalition urges the United States Congress to enact legislation
to give taxpayers this opportunity.

One possible means to do so would be to allow individuals to designate on
their income tax returns a limited amount of their taxes to qualified
private charities. Another would be to create pilot programs through
federal welfare block grants that earmark funding to encourage charitable
giving and assistance to needy individuals through charities and religious
organizations. For every dollar the taxpayer designates toward a private
charity, the federal welfare funding to that taxpayer's state would be
equally reduced.64 As a result, "private charities would compete on an
equal footing with government welfare programs for the portion of the
federal budget that is allocated to poverty programs," thereby increasing
competition. This will not only change government, it will change our
citizenry's pattern of thinking - people will once again feel more of a
civic duty toward their fellow man.

In the words of Acton Institute head Father Robert A. Sirico, "[G]overnment
has no monopoly on compassion. Indeed, government is compassion's least
able practitioner." Through a private charity check-off or other means, the
104th Congress can replace the welfare state with a culture of caring.

Restricting Pornography

Protecting children from exposure to pornography on the Internet and cable
television, and from the sexual exploitation of child pornographers.

     1. Enactment of legislation to protect children from being exposed to
     pornography on the Internet.

     Pornography, both soft core and hard core, is freely available on the
     Internet to virtually anyone with a home computer. Several magazines
     post pornographic images that can be viewed by anyone, including
     children, for free. There are also numerous sites on the Internet
     where hard core pornography depicting a variety of explicit sexual
     acts, even rape scenes and bestiality, are available free and can be
     accessed with a few clicks of a computer button.

     Christian Coalition urges Congress to enact legislation to protect
     children from being exposed to pornography on the Internet. Criminal
     law should be amended to prohibit distribution of, or making
     available, any pornography, soft core or hard, to children, and to
     prohibit distribution of obscene hard core pornography to adults.

     2. Enactment of legislation to require cable television companies to
     completely block the video and audio on pornography channels to
     non-subscribers.

     Many children throughout the country are exposed to pornography, often
     hard core, on cable television because of incomplete scrambling of the
     signal on pornography channels. Cable companies have asserted that it
     is the parents' responsibility to guard their children. Christian
     Coalition believes that the responsibility should be on the cable
     companies to help parents keep pornography out of their homes. Cable
     companies should not be allowed to transmit pornography to
     non-subscribers. We urge Congress to require cable television
     companies to completely block the video and audio on pornography
     channels to non-subscribers.

     3. Amending the federal child pornography law to make illegal the
     possession of any child pornography.

     Sexual exploitation of children through child pornography continues to
     be a major problem in society. Possession of child pornography should
     be a crime. President Reagan proposed such a law in 1988, hoping that
     those with collections of child pornography would destroy them for
     fear of federal prosecution. In an 11th hour compromise on the bill,
     however, a conference committee of House and Senate members changed
     the Reagan bill to criminalize only the possession of "three or more"
     items of child pornography, videos, magazines, etc. Thus, federal law
     sanctions the possession of some child pornography - less than three
     pieces. A person with two hour-long videotapes depicting the rape of a
     child cannot be charged with a federal crime, yet a person with three
     photos depicting a child in a lascivious pose can. Christian Coalition
     urges that the federal child pornography law should be amended to make
     illegal the possession of any child pornography.

Privatizing the Arts

The National Endowment for the Arts, National Endowment for the Humanities,
Corporation for Public Broadcasting, and Legal Services Corporation should
become voluntary organizations funded through private contributions.

Christian Coalition urges the privatization of the National Endowment for
the Arts (NEA) because we do not view such funding as a proper role for the
United States Government. The issue is not whether the arts should receive
funding, but rather which entity should do so - the government or the
private sector.

Through its grant selection process, the nea acts as an arbiter of art and
places its endorsement or "seal of approval" on certain works. This federal
imprimatur is as important to artists as is the funding which accompanies
the grant. And yet, as William Bennett pointed out during his testimony
calling for elimination of the nea, this role of arbiter itself should be
questioned, as well as the "seal of approval" which gives the "official
blessing - the blessing of the people of the United States - to things both
worthy and horrible."65 This federal endorsement is particularly
objectionable when it applies to obscenity, pornography, or attacks on
religion.

Despite repeated attempts by the United States Congress to place
common-sense restrictions on federal funding of the arts, nea dollars
continue to go toward controversial works that denigrate the religious
beliefs and moral values of mainstream Americans.66 William Donohue,
president of the Catholic League for Religious and Civil Rights, has joined
the call for de-funding the nea, stating: "We, as Catholics, have rights
too, and among them is the right not to be defamed, and this is especially
true when defamation is funded with government money."

At a time of fiscal restraint and budget austerity, cultural agencies
cannot expect to be exempt from the broader realities of declining federal
spending. Americans spend more than $7 billion annually on the arts; only
$173 million is derived from federal funding. The privatization of the nea
into a voluntary, charitable organization would unleash the creative
capacity of the American people and de-politicize one of the most
controversial agencies in recent years. It is an idea whose time has come.

The National Endowment for the Humanities (NEH) also would be improved by
privatization. Lynne Cheney, the neh Chairman from 1986 to 1992, testified
in January in support of ending federal funding for the agency. During her
testimony she explained, "The humanities - like the arts - have become
highly politicized. Many academics and artists now see their purpose not as
revealing truth or beauty, but as achieving social and political
transformation. Government should not be funding those whose main interest
is promoting an agenda."67 The controversial national history standards,
which neh funding assisted in bringing into existence, are one such
example.68

William Bennett cites another example of the neh's use of taxpayer dollars:
"[T]he neh provides funding for the Modern Language Association (MLA) -
Their annual convention attracts over 10,000 professors and students and
reveals the type of agenda that neh grants make possible. Past panels
include such topics as 'Lesbian Tongues Untied;' 'Henry James and Queer
Performativity;' [and] 'Status of Gender and Feminism in Queer Theory;'-"69
It is clear that at a time when 24 percent of the average American family's
budget goes to the federal government in taxes, we can find a better use
for these tax dollars than through continued funding of the neh.

The Corporation for Public Broadcasting (CPB) is another entity that should
rely on private funding. Federal subsidies to the Public Broadcasting
Service cost taxpayers $350 million a year, an example of transfer payments
from the middle-class to the well-to-do.

Children Television Workshop, producer of "Sesame Street," reaps more than
$100 million in licensing fees annually. Its chief executive officer earns
$647,000 annually in salary and benefits. A rate card sent out by
Washington, D.C. pbs affiliate WETA in 1992 noted that the average net
worth of its contributors was $627,000; one in eight was a millionaire; one
in seven owned a wine cellar; one in three had been to Europe in the
previous three years.

Would privatization cause the death-knell of public broadcasting? Hardly.
Private and corporate contributions already make up the vast majority of
public broadcasting's revenue. Only 14 percent of the Public Broadcasting
Service's (PBS) budget comes from the federal government, and only 3
percent of the National Public Radio's (NPR) budget is composed of federal
funds.

Lastly, the Legal Services Corporation (LSC) is a federally chartered
corporation established to provide legal assistance to the poor. It
received an appropriation of $415 million for FY 1995. What many Americans
don't realize is that divorce proceedings are a high priority for many
legal services grantees.70 The LSC alone paid for 210,000 divorces in 1990,
at an estimated cost to taxpayers of $50 million. Yet, as study after study
has revealed, divorce is not helping our nation's poor break out of
poverty. Rather, as historian Barbara Dafoe Whitehead has pointed out:
"Children in single-parent families are six times as likely to be poor.
Twenty-two percent of children in one-parent families will experience
poverty during childhood for seven years or more, as compared with only two
percent of children in two-parent families."71 Therefore, an agency that
was established to help ameliorate poverty is instead fostering it through
its financing of divorce actions.

Christian Coalition urges Congress to privatize all four entities, the NEA,
NEH, CPB, and LSC, and turn them into organizations funded through private
contributions.

Crime Victim Restitution

Funds given to states to build prisons should encourage work, study, and
drug testing requirements for prisoners in state correctional facilities,
as well as requiring restitution to victims subsequent to release.

Today's prisons are not designed either to punish convicts or provide
justice to victims. In Pennsylvania, felons can receive in-cell cable TV.72
At a facility in Fallsburg, New York, outdoor weight training areas feature
televisions prisoners can view as they work out.73 Hard labor has been
replaced in many prisons with recreational activities.

Christian Coalition urges Congress to enact legislation that will encourage
states to instill work and study requirements for prisoners. More than one
million inmates are imprisoned in our country's correctional facilities -
919,143 in state prisons and 93,708 in federal prisons.74 Although a
majority of institutions have academic programs, many prisoners do not
participate in them.75 In fact, a 1990 census found that "[a]pproximately
570,000 inmates, accounting for two-thirds or more of both sexes in State
and Federal facilities, were not participating in any academic activities."
Moreover, about a third of the prison population had no work assignment,
and 25 percent of the population was idle - meaning prisoners neither
worked nor participated in an academic program.76

An estimated 70 percent of inmates in U.S. prisons are functionally
illiterate. Without the ability to read and write, these individuals are
unable to find work outside prison, a contributing factor giving the United
States one of the highest prison recidivism rates in the Western world.
Literacy programs - many of which can be provided by private charities and
prison ministries at low cost - will give prisoners hope and give society a
better chance to absorb former inmates upon their release.

Moreover, with one out of four American households victimized by crime each
year, as well as more than 700,000 days of hospitalization resulting from
crime-related injuries, victim restitution is very necessary.77 Requiring
an offender to make restitution to the victim will not only force the
offender to confront the consequences of his actions, but also compensate
the victim monetarily.

Christian Coalition urges Congress to remedy this by conditioning the
receipt of federal prison construction funding by the states on enactment
of work and study requirements. Moreover, we urge that restitution to
victims subsequent to release also be required.

Conclusion

The Contract with the American Family is the first word, not the last word,
on a cultural agenda for the 104th Congress during the post-100-day period.
The ideas included in this document are suggestions, not demands, and are
designed to be a help, not a hindrance, to Members of Congress as they seek
to fulfill their mandate for dramatic change.

Christian Coalition welcomes the support of Republicans and Democrats alike
as it seeks passage of the items in this bold legislative agenda. There is
no specified deadline on acting on the Contract. The Coalition and its
grassroots members will work on behalf of these mainstream proposals in
this Congress and in as many subsequent sessions of Congress as necessary
to secure passage.

The Contract with the American Family emerged from a survey of Christian
Coalition members and supporters conducted in March and April, 1995. It has
been improved during the drafting process by extensive polling and focus
groups and consultations with members of Congress and their staffs. Each
item in the Contract enjoys support from between 60 and 90 percent of the
American people. More than half of the items in the Contract already have
legislative sponsors, and several have already been passed by committee.

The American people now have a Congress that is receptive to their desire
for religious liberty, stronger families, lower taxes, local control of
education, and tougher laws against crime. With the Contract with the
American Family, the nation now has an agenda with broad support that
addresses time-honored values and cultural issues for the 104th Congress
and beyond.

---------------------------------------------------------------------------
Endnotes

1. Ronald Brownstein, "Dissatisfied Public May Spell Democrat Losses," Los
Angeles Times, July 28, 1994.
2. Nationwide survey by Luntz Research and Strategic Services, conducted
February 11-12, 1995. Sample Size: 1000. Theoretical margin of sampling
error: + or - 3.1%.
3. Keith A. Fournier, Religious Cleansing in the American Republic, 1993,
p. 17. The decision was later reversed after counsel intervened.
4. Catholic League for Religious and Civil Rights, 1994 Catholic League's
1994 Report on Anti-Catholicism, p. 14.
5. Ibid.
6. Keith A. Fournier, Religious Cleansing in the American Republic, 1993,
p. 16. In both instances, the children were allowed to read their Bibles
after legal counsel intervened.
7. Only after the student's parent contacted the school board was the book
allowed.
8. Mark Kellner, "Postal Grinch Who Stole Christmas," The Washington Times,
November 20, 1994; Catholic League for Religious and Civil Rights, 1994
Catholic League's 1994 Report on Anti-Catholicism, p. 17.
9. Catholic League for Religious and Civil Rights, 1994 Catholic League's
1994 Report on Anti-Catholicism, p. 16.
10. 403 U.S. 602 (1971).
11. Jesse H. Choper, The Establishment Clause and Aid to Parochial Schools
- An Update, 75 Cal.L.Rev. 5, 6-7. (1987).
12. Lamb's Chapel v. Center Moriches School Dist., 113 S.Ct. 2141, 2149
(1993) (Scalia, J., concurring).
13. William J. Bennett, The Index of Leading Cultural Indicators (March
1993), p. 17.
14. "[T]he U.S. spends a greater percentage of its gross national product
on education (7.5%) than any other country except Israel, and yet is out
performed in math and science among 13-year-olds by more than 10 nations,
including Hungary, Taiwan and the former Soviet Union." Claudia Wallis, "A
Class of Their Own," Time, Oct. 31, 1994, 56
15. 140 Congressional Record S9917 (daily ed. July 27, 1994).
16. Maria Koklanaris, "Virginia parents may get option to exclude pupils
from counseling," The Washington Times, Oct. 28, 1994.
17. U.S. Department of Education, Strong Families, Strong Schools
(September 1994).
18. Pub. L. 103-227.
19. Pub. L. 103-382.
20. Claudia Wallis, "A Class of Their Own," Time, October 31, 1994, p. 56.
21. Claudia Wallis, "A Class of Their Own," Time, October 31, 1994, pp. 53,
56, citing a 1992 report by the Educational Testing Service.
22. Claudia Wallis, "A Class of Their Own," Time, October 31, 1994, pp. 53,
56.
23. Carol Innerst, "Education Still Lacking Bang for Buck, The Washington
Times, September 21, 1994.
24. Family Research Council, "Freeing America's Schools[:] The Case Against
the U.S. Education Department," Family Policy, p. 5.

25. Letter from Terrel Bell, to The Washington Post, February 1, 1995.
26. Carol Inherst, "Some Historians See New Standards as Revisionist Coup,"
The Washington Times, October 27, 1994.
27. Lynne V. Cheney, "The End of History," The Wall Street Journal, October
20, 1994.
28. Lynne V. Cheney, "The End of History," The Wall Street Journal, October
20, 1994.
29. Ibid.
30. See Congressional Record, S1025-1040, January 18, 1995.
31. Congressional Record, January 18, 1995, S1025-2040.
32. Statement of Senator Slade Gorton, Congressional Record, January 18,
1995, p. S1034.
33. U.S. Department of Education, Center for Choice in Education, Issue
Brief, "Public Opinion on Choice in Education" (March 1992), Executive
Summary.
34. The Heritage Foundation, "School Choice Continues to Gain Ground,"
Business/Education Insider (June/July 1994).
35. Statement of Senator Coats, Congressional Record, March 24, 1995,
S4582.
36. In re Sumey, 94 Wash.2d 757, 621 P.2d 108 (1980).
37. Matter of Ray, 408 N.Y.S.2d 737 (1978).
38. K.L. Billingsley, "Sex, Lies and County Government: Abuse Case Shows It
All," The San Diego Union-Tribune, July 19, 1992.
39. Human Events, February 24, 1995.
40. United Nations Convention on the Rights of the Child, Article 16.
41. United Nations Convention on the Rights of the Child, Article 13.
42. United Nations Convention on the Rights of the Child, Article 15.
43. Committee on the Rights of the Child, Eighth Session, Consideration of
Reports Submitted by States Parties Under Article 44 of the Convention, p.
3.
44. Statement of Senator Kay Bailey Hutchison, Congressional Record,
January 26, 1995.
45. Mother Teresa of Calcutta, remarks at the National Prayer Breakfast,
February 3, 1994.
46. Illustration Adapted from Drawings Appearing in the February 1993 Issue
of "Life Advocate," National Right to Life News, July 14, 1993, p. 12.
47. Diane M. Gianelli, "Shock-tactic ads target late-term abortion
procedure," American Medical News, July 5, 1993 (emphasis added to
quotation).
48. Douglas Johnson, "AMA Newspaper Investigative Report Supports NRLC
Statements on Brutal 'D&X' Abortion Method," National Right to Life News,
July 14, 1993, pp. 12, 13.
49. Ibid., p. 13.
50. Douglas Johnson, "AMA Newspaper Investigative Report Supports NRLC
Statements on Brutal 'D&X' Abortion Method," National Right to Life News,
July 14, 1993, p. 12.
51. Diane M. Gianelli, "Shock-tactic ads target late-term abortion
procedure," American Medical News, July 5, 1993.
52. Family Research Council, "Suffer the Children: Title X's Family
Planning Failure," Insight, by Gracie S. Hsu; Family Research Council, "An
Estimate of Federal Spending on Contraceptive-'Safe Sex' Services for
Adolescents 1970-1993," Insight, by Charles A. Donovan, Sr., p. 2.
53. Ibid.
54. Ibid.
55. Family Research Council, "An Estimate of Federal Spending on
Contraceptive-'Safe Sex" Services for Adolescents 1970-1993," Insight, by
Charles A. Donovan, Sr., p. 2.
56. H.R. Conf. Rep. No. 103-733, 103d Cong., 2d Sess. 64 (1994).
57. National Right to Life Committee, Inc. Memorandum, From Douglas
Johnson, Legislative Director, to "Interested Parties," April 20, 1995, p.
2.
58. Ibid.
59. Amnesty International USA, "People's Republic of China[:] Catholic
Villagers in Hebei Province," March 14, 1995.
60. National Right to Life Committee, Inc., "The Clinton Administration's
Promotion of Abortion as a Tool of Population Control in Less-Developed
Nations," June 1, 1994, page 2.
61. National Center for Polcy Analysis, "Why Not Abolish the Welfare
State?" (October 1994), Executive Summary.
62. Ibid.
63. Ibid.
64. For a general discussion of this concept, see National Center for
Policy Analysis, Why Not Abolish the Welfare State? (October 1994), p. 30.
65. Written Testimony of William J. Bennett, Before the House
Appropriations Subcommittee on Interior, January 24, 1995, p.3.
66. Rod Dreher, "S&M 'Art' Video Exceeds Shocking Stage Version," The
Washington Times, January 26, 1995.
67. Written Testimony of Lynne V. Cheney, Before the Interior
Appropriations Subcommittee on January 24, 1995, p.1.
68. Congressional Record, January 18, 1995, S1025-40.
69. Written Testimony of William J. Bennett, Before the House
Appropriations Subcommittee on Interior, January 24, 1995.
70. Kathleen B. DeBettencourt, Office of Policy Development, Legal Services
Corporation, "Legal Services Corporation vs. The Family," March 1988, p.
15.
71. Barbara Dafoe Whitehead, "Dan Quayle Was Right," The Atlantic Monthly,
April 1993, p. 47.
72. Robert James Bidinotto, "Must Our Prisons Be Resorts?" Reader's Digest,
November, 1994, pp. 65, 76.
73. Robert James Bidinotto, "Must Our Prisons Be Resorts?" Reader's Digest,
November, 1994, p. 65.
74. U.S. Department of Justice, "State and Federal Prison Population Tops
One Million," October 27, 1994.
75. U.S. Department of Justice, Bureau of Justice Statistics, "Census of
State and Federal Correctional Facilities, 1990," p. 11.
76. U.S. Department of Justice, Bureau of Justice Statistics, "Census of
State and Federal Correctional Facilities, 1990," p. 12. A survey of state
prison inmates in 1991 also substantiated that approximately one-third of
the inmates had no work assignments. See Bureau of Justice Statistics,
"Survey of State Prison Inmates, 1991," p. 27.
77. H.R. Rep. No. 104-16, 104th Congress, 1st Sess. at 4 (1995).
Copyright ©1995 by The Christian Coalition of this page and all contents.
All Rights Reserved.

http://www.skepticfiles.org/atheist2/cwaf.htm


Canada halts adoptions from Nepal

Canada halts adoptions from Nepal
Saturday, 05 June 2010 08:20

Canadian authorities have suspended adoptions from Nepal Friday over fraud and child trafficking concerns, the immigration ministry said, AFP reported.

The ministry pointed to a report by the Hague Conference on Private International Law that described "strong evidence" on the prevalence of fraudulent documents and false statements about children's origins, age and status, as well as whether adoptees or potential adoptees were abandoned.

"We know how disheartening this must be for the parents concerned, but several authoritative sources, such as The Hague Conference and UNICEF, have raised serious concerns about the use of fraudulent documents and the prevalence of child trafficking in Nepal," said Immigration Minister Jason Kenney.

Russians Don't Support Ban on Foreign Foster Families


Russians Don't Support Ban on Foreign Foster Families - Poll Interfax
Jul 21 2005 2:50PM
 
Eighty-one percent of Russians do not plan to adopt a child, and 61% think the government should not ban the adoption of Russian children by foreign foster families, the Russian Public Opinion Studies Center (VTsIOM) told Interfax on Thursday.
 
Only 32% of respondents in the June poll held in 153 cities, towns and villages in 46 regions of Russia said the adoption of Russian children by foreign families must be banned.
 
Forty percent of them said "it is impossible to control the life of children adopted by foreign families" and 35% said "the children might fall into the hands of criminals."
 
Thirty-five percent, including 41% of pensioners and 46% of uneducated people, think that only Russian citizens should be allowed to adopt Russian children.
 
Thirteen percent said adoption by foreign foster families would weaken the national gene pool, and another 13% said it was necessary to solve the problem of neglected children.
 
Women and people aged between 35 and 59 are more concerned about the impossibility to control the life of adopted children (43% and 43- 45%, respectively).
 
To read the complete article, please visit:
http://www.interfax.ru/e/B/0/28.html?id_issue=11352683

Adams: INTERNATIONAL ADVOCATES FOR CHILDREN




INTERNATIONAL ADVOCATES FOR CHILDREN 
2ND WORLD CONFERENCE 

 


I addressed the first world conference last year in Atlanta, GA after having been associated with IAC (International Advocate for Children) for just a number of months. They are a non-profit organization serving the needs "in the best interest of the child" worldwide. I serve as their Advocacy Ambassador on behalf of children orphaned, abandoned, neglected or abused.

This past week (November 8-11, 2005) I was invited to once again address their world conference in the Boston area (Worcester, MA). Attendees doubled in size from last year.

Over 30 countries sent delegations to the conference including the USA. ( Republic of Georgia, Russia, Mexico, Italy, Sweden, Netherlands, Guatamala, El Salvador, Germany, Viet Nam, Armenia, Nicarauga, Pakistan, Denmark, Morocco, Thailand, Philipines, Latvia, Poland, Maldova, Romania, Ukraine, Kurtistan, New Zealand, Azerbaijan, Bahamas, Mongolia, South Africa, Argentina, Honduros, Lesotho Africa...and I missed a few )

There were also a number of private agencies and individuals that deal with adoption from other countries to the USA as well as child welfare in general.

The conference began with me giving one of the two opening addresses. This was to let the delegates know the purpose for the conference was to make "best interest of the child" a reality for children rather than the myth it is today. I shared a part of my story then presented why I was sharing...on behalf of the millions around the world who find themselves as I did years ago...without parents or a home to call their own! I closed with a poem I wrote years ago describing the feelings of a child going through years of foster care and a number of moves entitled, "WHO ARE WE?" It was well received. Later that day I participated in a panel of those of us who spoke during the day to allow the delegates to ask questions of us. The evening was devoted to a dinner and then time for all of us to just meet and talk with each other.

The second day was primarily devoted to workshops addressing many areas where a difference could be made in the lives of children.

However, one of the main highlights of the conference was that evening, a trip to Harvard University Law School to attend a panel. We did not know until arriving that besides the attendees to the conference there would be a number of others attending. The program was set up as part of a class being taught this fall at Harvard entitled, "Child Advocacy." Students attending actually received credit for class by attending. The main law school hall was full to capacity! The panel consisted of Mr. Jacob Doek...Chairman of the United Nations Committee on the Rights of the Child. I had met him at last year's conference. Also included was Dr. Jane Aronson...Founder and Medical Director of Worldwide Orphans Foundation. The program included presentations by the them and then it was opened to the audience for questions. I can now fairly say...I attended a class at Harvard University....LOL! The night wrapped up with a group of us going out for dinner and talk until the wee hours of the morning.

The final day included a good presentation by a professor from the Netherlands (Dr. Rene Hoksbergan). Dr. Hoksbergan had written hundreds of articles and givren numerous lectures around the world on the affects of long term foster care as well as the need for follow up after children are adopteddue to dmage caused while in foster care or orphanages. Dr. Hoksbergan also wishes to receive a copy of my second book so he may do a review of it for the press in the Netherlands.

I was asked to give comments for the final wrap up of the conference....they wanted to close it as they began...through the eyes of a child who went through the system! I was to give an evaluation and tell what I felt about the conference and what was still needed to be done.

One of the things to come out of the conference was to be the establishment of a World Council to better coordinate the needs of countries dealing with large numbers of children without parents, whatever the reason. I hope to be a part of this council representing the children. All programs established will be reviewed by chidlren graduating from the system from the child's perspective. Far too often the child's perspective is ignored, they are voiceless and forgotten...now they will have a voice!

During the three days in Boston I was able to meet and discuss child welfare issues with some of the leading authorities on the subject from around the world. I also met the Attorney General of El Salvador and six senators from Gautamala who came for the last day of the conference. The representatives from the various countries were the decision makers concerning child welfare from their respective countries.

I was also able to do some networking which may lead to other speaking opportunities.

Though I did not go to sell my books I did take 42 with me and just due to my presentations and no sales pitch by me, I sold 36 of them which will recover part of the funds I lost by taking a week off of work to attend the conference. The IAC covered all my expences fr the trip itself. My book is now in over 30 countries as well as at the United Nations through Mr. Doek. Also the delegation from Ukraine said they saw my presentation from last year while they visited Russia earlier this summer. A documentary has been made from last year's conference which is now being shown to countries around the world.

Plans are already being made for the next world conference to be hled next November. It will be held at The Hague, Netherlands. The new World Council will be announced then will be assuming our roles at the Peace Palace in the Hague on the first day.

Below are a few of the photographs I took, or had others take, during the conference. I will also be getting from IAC photos taken during my presentations at a later date.



 
Me addressing the conference. I hope to have better photos later! 

 
Lynda Smith...President of IAC World Council of IAC, me, Martin Brekelmans...President of IAC 

 
I arrive at Harvard University Law School 

 
Photo of some of the Harvard attendees prior to the start of the panel 

 
After the panel the class photo was taken...Mr. Doek decided to entertain atop one of the desks 

 
Dr. Jane Aronson, Mr. Jacob Doeks and I confer during the reception after the panel (class) at Harvard.


FIRST WORLD CONFERENCE: 
I was in Atlanta October 20-21, 2004 to participate in the first World Conference to reform the foster care/adoption system both domestically and internationally sponsored by the IAC (International Advocates for Children) organization.

It was a very good trip.

Twenty-two countries sent delegations to the symposium including the USA. A few of the countries were Georgia, Russia, Mexico, Italy, Sweden, Netherlands, Bulgaria and Columbia. However, the largest delegation came from Viet Nam. There were also a number of private agencies that deal with adoption from other countries to the USA.

There were a number of highlights to the trip. I had the chance to meet and discuss issues with the First Lady of the Republic of Georgia. She appeared to be a very open and caring woman. I also met and was able to have a lengthy discussion with E. Bartholet..a professor at Harvard University who is considered one of the top experts in the field. We found that we disagreed in a number of areas while agreeing also on some. This was an arranged dinner as the director of IAC knew of our disagreements and felt we should have the opportunity to talk. It was worth the time.

I also met Jakob Doek from the Netherlands who is Chairman of the United Nations Committee on the Rights of the Child.

I also spoke for a period with the head of the delegation from Viet Nam but needed a translator to work with us as he did not speak English.

Some of those from USA agencies spoke afterwords of my possibly speaking to conferences they have...told them they will need to E-mail me to see what we could arrange. One group also is considering me for their Advisory Board.

The symposium ended with the establishment of a International Council for Reform. I hope to be asked to serve as a member to represent those who have had to endure the foster care system without ever being adopted and the pitfalls one faces in life due to that experience.

Though I know change will not come overnight...I believe this made for a strong beginning step!




 
Some of the international attendees to the symposium attend an American BBQ at the home of IAC board member Pam. I am towards the right rear, next to me is the First Lady of the Republic of Georgia, just in front of her is E. Bartholet of Harvard University and in front of me is Lynda Smith Executive Director of IAC.



REVIEWS OF PRESENTATION: 

Lawrence P. Adams' presentations recounts his heartbreaking journey from the day he was born and given up for adoption by his 19-year-old unwed mother to numerous foster care placements as a child to graduation day from Boys Town in Nebraska at age 18.

Adams’ describes how the Michigan state foster care system failed him numerous times from missed opportunities for adoption with a loving family to placement in an abusive household. Through Adams’ story, we learn how broken and fractured the foster care system is in the United States, and how miraculously, Adams survived this unsettling childhood managing to find salvation at Boys Town at age 11. During his seven years in this new home, he learned he could amount to something in this world and make a difference. We watch as his feelings of worthlessness dissipate as he finds redemption in participating in such group activities as choir and the debate team.

During the second half of his presentation Adams’ adult life as he struggles with relationships, his health, and his career. His search for his birth mother and family leads him down a long, heartbreaking but necessary path as he grapples with finding his identity and heritage.

In the end, Adams’ reveals that what is important in life is not so much how we started out in life or what it even looked like in the middle, but what we have become and what we have done with what we have been given. Adams is a testament to this basic tenet and shows that true compassion and integrity is born from within.

I have heard him speak twice, including our International Conference last October. His presentations are heart wrenching, moving and inspirational to anyone who listens with an open mind and open heart. 
MARISA SALCINES, COMMUNICATIONS DIRECTOR, IAC (International Advocates for Children) 

As an adoption professional who heard him speak at the International Advocates for Children's International Conference in Atlanta this past fall, I witnessed a presentation that moves mountains.

Mr. Doek, from the Netherlands who is Chairman of the United Nations Committee on the Rights of the Child, was profoundly moved by his words, and I believe that it will have an enormous impact on UN policy and UNICEF over the coming years.

My colleagues and myself all viewed his wonderful story of success and inspiration. I refer to their impact time and again when reflecting on life-changing moments in my recent history and career. His real world perspective is invaluable to policy change. His contributions are enormously valuable in changing the world for the better. He is the very right messenger with the very right message. His story is very important and worthwhile to share with policy makers and potential adoptive families everywhere. 
Debbie Spivack, Reaching Out thru International Adoption. 

Mr. Adams has ALL of the credentials to do this work, including a testimony, experiential and clinical competency, a burning passion, tenacity and guts! Remember, social homeostasis, en trophy, gravity and momentum, are all working against him. People do not want to be told the truth. People resist change. People always avoid pain and do not wanted to be confronted. The work is tough...he is attempting to change city hall, right a history wrong and unbury children the system has left to decompose under mounds of bureaucracy and paperwork. Society does not want him to expose them or face the terrible odor of the decay they have caused! We all desperately need his voice. 
Dr. Kenneth Brown, LMFT, Hope for Families 

Adams'is blessed with the skill of being able to take life challenges to speak and also gracefully put them on paper for future generations to read. Someday another child, in the same situations he lived through, will read his book or hear him speak; it will inspire another great leader to keep trying and to not give up. It could be today, tomorrow, or ten years after you have gone. Regardless of when, it will be there when it is needed.

In Mr. Adams, I see a man that is so dedicated to his beliefs that he has given up all monetary values to try to save the children the world has forgotten. I see him as a man that has already triumphed over horrible life circumstances, who has found a way to share his experiences in a positive manner. I see a man that needs to be listened to. 
Pamela Wooldridge, private citizen working to create a non profit to assist families in preventing the need for foster care 

I am also a survivor of child abuse. I read "Lost Son" by Lawrence Adams and have also heard him speak.

Although we grew up in different parts of the country and under different circumstances it amazes me that we went through the same things. Many of our feelings and thoughts were the same. We moved the same way in "Paper Bags" and lived day to day never knowing when we would wake to and be going somewhere else to live. Life for a child in the foster care system is the same for all of us no matter where we live. The saddest thing of all even after over 50 years the children of today in the "system" sound the same as Larry and I did over 50 years ago. After 50 years nothing has changed .........how sad is that?????

Here is a man who has found his voice while so many remain voiceless. Read his work, hear him speak; you will be moved and inspired to create conditions for children within the system who only dream about it today. 
Jeanne Fowler, Executive Director, Big Families of Michigan 

As you hear his story you realize that it's not just a story about his life as a youngster, it's about how people treat other people and how there should be some kind of check to make sure everyone is alright. He reminds you that every state's foster care system needs an overhaul, and it makes you remember about stories in the newspaper and on television about children who have been literally LOST in the system. Here is a person who is standing on the wall, willing, able, and wanting to protect all our children.

I was telling everyone about this man and his work. Who should read his book or hear him speak? Every parent, anyone who works with the public, teachers, social workers, police, you can't help but remember how you felt when you were the ages he talks, you remember how innocent you were, it will make you want to join his fight to make "in the best interest of the child" a reality.

This is serious work, by a serious person who has made it out, he is a success. Who knows, maybe some little boy or girl who isn't sure about his own future could learn about the trials and how Larry came out triumphant, it could give someone hope. I continue to hope and pray that Larry is on the news and in more newspapers, and is invited to speak so much that he becomes a household name, so that kids will hear about this man who is working on their behalf. 
Chris Bartholomew, Evangelist 

I would like to take this time to thank, on behalf of the entire group here at the Foundation, Mr. Larry Adams, one of our newest members and published author of a wonderful book of his life in the foster system here in Michigan. "Lost Son? A Bastard Child's Journey of Hope, Search, discovery, and Healing."

Larry recently attended the rally and gave a talk of his life at the luncheon afterwards. Throughout the presentation there were visible gasps and groans as he explained his plight as a child of the system. It was a bittersweet story with his success story which shows how you can survive and make a life in spite of horrible experiences as a child.

I hope all who truly care about children will have the opportunity to meet and hear this man. He has dedicated himself to help the cause of reform as his life's work and passion. We need to get behind this man and do what we can to help him bring this fight to the attention of the general public. 
Nancy Lockhurst, President, Foundation for Children's Rights 

larry@larrya.us 

Local filmmaker explores foreign adoption

Local filmmaker explores foreign adoption

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By Michelle J. Mills, Staff Writer
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ACTING ON 20TH ANNIVERSARY OF CHILD RIGHTS CONVENTION, THIRD COMMITTEE APPROVES

20 November 2009
General Assembly
GA/SHC/3968

Department of Public Information • News and Media Division • New York
Sixty-fourth General Assembly
Third Committee
45th Meeting (AM)

ACTING ON 20TH ANNIVERSARY OF CHILD RIGHTS CONVENTION, THIRD COMMITTEE APPROVES

ANNUAL RESOLUTION ON RIGHTS OF THE CHILD BY CONSENSUS
 

Recommends Six More Texts to General Assembly; Youth Year Declaration,
Guidelines for Alternative Care of Children, Human Rights in Iran Among Issues

Profoundly concerned that the situation of children in many parts of the world remained critical, the Third Committee approved a draft resolution that explicitly recognized the right of young people to be heard in all matters affecting them today, on the 20th anniversary of the adoption of the Convention on the Rights of the Child.

Passed by consensus for the first time in eight years –- and with support from the United States, which had been the lone “no” in recent years-- that text was one of five draft resolutions approved without a vote this morning for recommendation to the General Assembly.  A draft on the human rights situation in Iran was also approved by a recorded vote of 74 in favour to 48 against, with 59 abstentions.  (For further details of the vote, please see Annex I.)

With a new “omnibus” format, the text on the rights of the child would have the Assembly call on States to adopt or continue to implement regulations and arrangements that provide for and encourage children’s participation in all settings on matters affecting them.  Among other things, Governments would be called on to designate, establish or strengthen relevant structures for children, to involve them in enacting the national action plans set out in “A world fit for children”, and to ensure the equal participation of girls, including adolescents.  

By other terms, the Assembly would call on States to prevent, criminalize, prosecute and punish all forms of the sale of children, including for child slavery, prostitution and pornography.  Calls would also be made to States to eliminate the demand that fosters these practices, to effectively address the needs of child victims and to take measures to prevent the distribution of child pornography over the Internet.

Speaking before the draft’s approval, the United States representative underlined his country’s commitment to protecting the rights of children domestically and around the world.  Among other things, the United States Government wanted to encourage other States to protect children from sexual exploitation and trafficking, as it continued to do in its legislation.

He said that while the United States had signed, but not ratified, the Convention on the Rights of the Child, it was a party to its optional protocols and had been committed to upholding the Convention’s underlying spirit.  On the Convention’s 20th anniversary, his Government was pleased to state its commitment to continue strengthening already existing protections and to exploring new ways to ensuring that children’s rights were realized.

Earlier in the day, the Committee had passed two other texts centred on children by consensus.  One would have the Assembly welcome the Guidelines for the Alternative Care of Children, which were contained in the annex to the text and were forwarded to it for consideration by the Human Rights Council, as a set of orientations to help inform policy and practice.  The other would proclaim the year commencing on 12 August 2010 as the “International Year of Youth:  Dialogue and Mutual Understanding”.  The Year would be highlighted by World Youth Conference under the auspices of the United Nations.  

During a discussion on the accepted practices and timeline for proclaiming an International Year, a few delegations said they had joined consensus despite concerns that such Years were to be established no later than one full year before their start.  Representatives of the Republic of Korea and Norway, who spoke on behalf of 23 other Governments, underscored the vital need to consult youth organizations in preparing and building support for the year.  The representative of Tunisia, who stressed that it was time to “turn the page” on the consultation process, said the active participation of youth in contributing to the international year’s success was highly anticipated.

By the terms of a text on Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, which was also approved without a vote, the Assembly would condemn all human rights violations committed against persons engaged in promoting and defending human rights and fundamental freedoms around the world.  It would also call on States to respect, protect and ensure the rights to freedom of expression and association of human rights defenders and urge them to ensure that measures to combat terrorism and to preserve national security complied with international law and did not hinder the work and safety of individuals and groups promoting and defending human rights.

A text on implementation of the outcome of the World Summit for Social Development and of the twenty-fourth special session of the General Assembly would have the Assembly recognize that the concept of social development affirmed at those meetings had been weakened in national and international policymaking. United Nations funds, programmes and agencies would be asked to mainstream full and productive employment and decent work for all in their activities and financial institutions would be invited to support such efforts.  Governments would also be urged to develop systems of social protection and to extend or broaden coverage, including to workers in the informal economy.

Before the Committee approved the draft on the human rights situation in Iran by recorded vote, the representative of that country said the draft text was an example of an “unhealthy and dangerous trend” in which the United Nations human rights mechanisms were abused for short-sighted political expediencies.  This created an atmosphere of confrontation and polarization that would only erode the Organization’s capacity for the meaningful promotion of human rights.  Moreover, once the draft was approved, he underlined that the voting pattern –- including “no” votes, abstentions and absences –- showed it did not receive support from 118 Member States, or a majority.

Speaking after the vote, several delegations said that, while they were concerned with reports of human rights abuses in Iran, particularly following its presidential elections in June, they had abstained because they considered the Human Rights Council and its Universal Periodic Review to be the appropriate mechanism to address those allegations.

To this end, the representative of Brazil encouraged Iran’s engagement with the Human Rights Council and other United Nations bodies responsible for promotion and protection of human rights.   Brazil particularly looked forward to a constructive debate on the human rights situation in Iran next year, when it would present its report under the Universal Periodic Review.

Also today, the Committee took note of the Overview of the World Social Situation 2009.

Speaking today in relation to various texts were the representatives of Canada, Syria (also on behalf of the Organization of Islamic Conference), Sudan (also on behalf of the “Group of 77” and China), Cuba, Solomon Islands, Libya, Venezuela, Algeria, Guatemala, Belarus, Bangladesh, Japan, Philippines, Sweden (on behalf of the European Union and associated States), United Kingdom, Australia, the Democratic People’s Republic of Korea and the Russian Federation.

The representative of Switzerland introduced a draft resolution on the Office of the President of the Human Rights Council.

The Committee will meet again at 10:00 a.m. Monday, 23 November, to continue its consideration of its remaining draft texts.

Background

The Third Committee (Social, Humanitarian and Cultural) met today to hear the introduction of a draft resolution under the item “Report of the Human Rights Council”, on the Office of the President of the Human Rights Council (document A/C.3/64/L.63) and to take action under the same item on a draft regarding guidelines for the alternative care of children (document A/C.3/64/L.50).

Further action was expected on a draft under the item “human rights situations” on the situation of human rights in Iran (document A/C.3/64/L.37); under “social development” on implementation of the outcome of the World Summit for Social Development and of the twenty-fourth special session of the General Assembly (document A/C.3/64/L.9/Rev.1) and on the proclamation of 2010 as International Year of Youth:  Dialogue and Mutual Understanding (document A/C.3/64/L.8/Rev.1); and under “rights of children” on rights of the child (document A/C.3/64/L.21/Rev.1).  Under the item “alternative approaches for improving the enjoyment of human rights”, the drafts slated for action were on the Declaration On The Right And Responsibility Of Individuals, Groups And Organs Of Society To Promote And Protect Universally Recognized Human Rights And Fundamental Freedoms (document A/C.3/64/L.38/Rev.1) and human rights and cultural diversity (document A/C.3/64/L.49).

Introduction of draft text

The representative of Switzerland introduced the draft resolution on the Office of the President of the Human Rights Council (document A/C.3/64/L.63), explaining that a Human Rights Council resolution adopted last year had recommended that the General Assembly establish an Office of the President for the Council.  All former presidents had recognized the need to have an office that functioned under their authority, complementing the services provided by the Secretariat.  Because no action had been triggered at the Fifth Committee last year, the Office was not established.  The draft she was tabling was meant to advance the process.  Various delegations agreed on the principle of providing the Council President with support, but also agreed that more time would be needed to discuss the matter.  While regretting that the Assembly could not establish the Office at this session, the draft would send a message on the need to address the issue in the context of the review of the Human Rights Council.  The draft reflected common ground and helped keep the issue on the agenda.  She looked forward to it being adopted by consensus on Monday.

Action on draft texts

As it moved to take action on the draft resolutions before it, the Committee turned first to a text on the situation of human rights in Iran (document A/C.3/64/L.37), which was introduced by the representative of Canada.

By that text, the Assembly would express its deep concern at serious ongoing and recurring human rights violations in Iran relating to:  torture and cruel, inhuman or degrading treatment or punishment; the rate of executions carried out in the absence of internationally recognized safeguards; stoning as a method of execution, notwithstanding a circular from the head of the judiciary prohibiting stoning; and arrests, violent repression and sentencing of women exercising their right to peaceful assembly, as well as a campaign of intimidation against women’s human rights defenders, and continuing discrimination against women and girls.

It would also express its deep concern about increasing discrimination and other human rights violations against persons belonging to religious, ethnic, linguistic or other minorities, recognized or otherwise, including, in particular, attacks on Baha’is and their faith; the ongoing, systemic and serious restrictions of freedom of peaceful assembly and association and freedom of opinion and expression; increasing harassment, intimidation and persecution of political opponents and human rights defenders from all sectors of Iranian society; severe limitations and restrictions on freedom of religion and belief; and the persistent failure to uphold due process of law rights, as well as the violation of the rights of detainees, the systematic and arbitrary use of prolonged solitary confinement, and lack of timely access to legal representation.

By further terms, the Assembly would express particular concern at the Iranian Government’s response following the Presidential election of 12 June 2009 and the concurrent rise in human rights violations, including, among other things: harassment, intimidation and persecution -- including by arbitrary arrest, detention or disappearance -- of opposition members, journalists and other media representatives, bloggers, lawyers, clerics, human rights defenders, academics, students and others exercising their rights to peaceful assembly and association and freedom of opinion and expression, resulting in numerous deaths and injuries; and the use of violence and intimidation by Government-directed militias to forcibly disperse Iranian citizens engaged in the peaceful exercise of freedom of association. 

The Assembly would also express particular concern at:  interfering in the right to a fair trial by holding mass trials and denying defendants access to adequate legal representation, resulting in death sentences and lengthy jail sentences for some; the reported use of forced confessions and abuse of prisoners including rape and torture; the escalation in the rate of executions in the months following the elections; further restrictions on freedom of expression; and arbitrary arrest and detention of employees of foreign embassies in Tehran.

Among other provisions, the Assembly would call upon the Government to address the concerns highlighted in the Secretary-General’s report and the specific calls to action found in its previous resolutions.  The Government would be called on to respect fully its human rights obligations, in law and in practice:  to eliminate amputations, flogging and other forms of torture and other cruel, inhuman or degrading treatment or punishment; to abolish public executions and other executions carried out in the absence of respect for internationally recognized safeguards; and to abolish, pursuant to its obligations under article 37 of the Convention on the Rights of the Child and article 6 of the International Covenant on Civil and Political Rights, executions of persons who at the time of their offence were under the age of 18.

Further by the text, the Government would be called on:  to abolish the use of stoning as a method of execution; to eliminate all forms of discrimination and other human rights violations against women and girls; to eliminate all forms of discrimination and other human rights violations against persons belonging to religious, ethnic, linguistic or other minorities; to implement the 1996 report of the Special Rapporteur on religious intolerance, which recommended ways to emancipate the Baha’i community; and accord the seven Baha’i leaders held since 2008 the due process of law rights they are constitutionally guaranteed.

The Assembly would also call on Iran to end the harassment, intimidation and persecution of political opponents and human rights defenders and others imprisoned arbitrarily or on the basis of their political views, including those detained following the Presidential election of 12 June 2009.   Iran would also be called on to uphold due process of law rights, to end impunity for human rights violations, and to launch a credible, impartial and independent investigation into the allegations of post-Presidential election human rights violations.

By further provisions, the Assembly would call upon Iran to redress its inadequate record of cooperation with international human rights mechanisms.  It would strongly urge Iran to fully cooperate with the special mechanisms, including facilitating their visits to its territory, so that credible and independent investigations of all allegations of human rights violations, particularly those arising since 12 June 2009, can be conducted.  It would also invite the thematic special procedures mandate holders to pay particular attention to the human rights situation in the country with a view to investigating and reporting on the various human rights violations that have arisen since 12 June 2009.

Speaking ahead of action on this text, the representative of Iran said the Committee was about to take action on another highly politically charged and motivated text.  By submitting the draft text, Canada revealed its ill intention towards Iran for the seventh consecutive year and, by advancing its narrow political agenda, it persisted in abusing the august Third Committee, which should not allow this political game to continue.

He stressed that human rights reflected humanity’s highest aspiration and should not fall under the monopoly of a few States.  The universality of human rights not only entailed a universal theoretical basis, but also required a non-selective application and implementation.  The abuse of United Nations human rights mechanisms for short-sighted political expediencies created an atmosphere of confrontation and polarization that would only erode the Organization’s capacity for the meaningful promotion of human rights.  The draft text was an example of this unhealthy and dangerous trend.

He said that, unfortunately, the application of double standards and selectivity was no longer limited to the tabling of country-specific resolutions. It was a rule of a game.  Systematic violations of human rights in some parts of the world were simply overlooked, or acquiesced to by those claiming to champion those rights.  Just two weeks ago, a few countries, including Canada, had opposed and voted against the United Nations Fact Finding Mission on the Gaza Conflict.   Moreover, the sponsors of the draft did not have defendable human rights records themselves.  A number of credible international sources had disclosed many cases of non-compliance by Canada in this respect, including discriminatory policies and treatment of aborigines, migrants and minorities and police brutality, forced disappearances and murder of the aborigines and the systematic discrimination of indigenous women and girls.  Other co-sponsors also had poor or disastrous human rights records, including the Israeli regime, the very establishment and existence of which was intertwined with the worst forms of human rights violations, war crimes, ethnic cleansing, mass murder, crimes against humanity and terrorism.

Highlighting some of the false information inserted in the text by Canada, he said paragraph 2 enumerated flawed claims obtained from unreliable sources and were inconsistent with the Secretary-General’s report.  Paragraph 3 and its subparagraphs, which were devoted to the events of the presidential elections of 12 June, gave a totally different version of the story and also contrasted the Secretary-General’s report.  Indeed, that information was entirely misleading and incorrect.  The election, in which 85 per cent of those eligible had participated, was another display of the democratic nature and openness of the country’s political system.  That system’s laws and regulations further provided adequate remedies for addressing any complaint or concern regarding the election’s results.

On paragraph 5, he said the draft had surprisingly disregarded Iran’s sincere cooperation with the Office of the United Nations High Commissioner for Human Rights and the Human Rights Council special procedures mechanisms.  The draft called for Iran to submit its reports to the relevant treaty bodies, but it had already fulfilled those obligations.  It had also already designed and accomplished a comprehensive report under the Universal Periodic Review mechanism and submitted that report to the Human Rights Council.  The implicit request in paragraph 3(g) to grant a kind of diplomatic immunity to local employees of foreign embassies was neither legally sound, nor did it have any relevance to human rights issues.

Stressing that his country’s human rights policy had constantly emphasized the significance of interactive and cooperative approaches towards the fulfilment of its human rights obligations, he said this policy had resulted in intensified efforts to strengthen national capacities.  The Government had further embarked on creating and strengthening system-wide mechanisms for effective monitoring, to ensure the realization of human rights, democracy, development and representative, transparent and accountable governance.  Its commitment to the protection and promotion of human rights remained unshaken.

He said no Government, including his own, could claim perfection, but the old, worn-out policy of introducing a resolution on Iran was not only an unfair and unjustified action, but a disservice to the country’s policy of cooperation with the United Nations human rights mechanism.  He, thus, invited all delegations to vote against the draft.

He then requested a recorded vote on the text.

Offering a general statement, the representative of Syria, speaking on behalf of the Organization of the Islamic Conference (OIC), expressed the group’s opposition to the practice of submitting country-specific resolutions on human rights situations, which selectively targeted developing and Islamic countries for political reasons.  It reaffirmed that that practice transformed the work on human rights into a political exercise, and did not advance the cause.  The OIC was against any initiative that might lead to the use of human rights as means of exerting political pressure on any Member State.  It believed that country-specific resolutions on human rights situations would inevitably politicize the work of human rights bodies instead of advancing the promotion of human rights.  The situation of human rights in Iran did not warrant issuing a country-specific resolution, since it had always expressed a readiness for dialogue and cooperation with all countries.  The OIC regretted that, despite Iran’s readiness to do so and despite positive developments in Iran, a draft was submitted to the Third Committee against it, in a selective manner.  It urged all States to oppose the draft.

Sudan’s representative aligned himself with the statement by the representative of Syria.  As chair of the Non-Aligned Movement, he had made a statement at yesterday’s meeting in reference to country-specific drafts.  It was thus for the third time that he repeated his position on the adoption of such resolutions, which were selective.  The 2005 World Summit had spoken on the selective human rights approach, reaffirming the Human Rights Council as the competent body to take up human rights issues.  The Sudan was concerned with the way the issue of human rights situations was being brought to the Third Committee.  Human rights could only be promoted if everyone respected the need to avoid politicization, which complicated matters and made it impossible to move forward.

He agreed on the need to allow the Human Rights Council to play out its full role in complete neutrality, impartiality and without selectivity.  He agreed with the need to work with the countries in question so that a positive environment for human rights could be developed.  Politicization would only increase tension and extreme positions on all sides, and States must not pursue that path.

As the Committee prepared to move to a vote, the representative of Cuba stated her explanation before the vote, saying that her country’s traditional position on resolutions directed selectively against countries of the South was that they had a tendency to point out issues that had nothing to do with human rights.  The application of double standards in considering human rights issues had discredited the body that came before the Human Rights Council.  Cuba supported the principles of non-selectivity, impartiality and neutrality as the way to ensure the protection of human rights.  The establishment of the Human Rights Council and its Universal Periodic Review mechanism made it possible to consider situations in human rights in all countries on an equal footing, on the basis of constructive dialogue.  The draft was clearly politically motivated and its intention was to put pressure on Iran for political purposes.  She would vote against the draft.

Also in explanation of vote, the representative of the Solomon Islands said his Government stood by the reasons behind the creation of the Human Rights Council and felt strongly that the Council was the most appropriate institution to deal with human rights situations.  He condemned all human rights abuses and would like to see human rights universally applied, and for the Universal Periodic Review mechanism to be applied all countries, big or small.  Country-specific resolutions were highly divisive and undermined respect for the Human Rights Council.  Human rights must be given the importance it deserved, which required States to move away from the practice of naming and shaming towards genuine cooperation and dialogue.  He rejected the practice of politicization, selectivity and double standards.  He asked States to act to preserve the impartiality of the reformed Human Rights Council and to preserve human rights as a pillar of global cooperation.  As it had done in the past, his Government would abstain from the vote.

The representative of Syria reaffirmed his country’s position of principle based on rejection of any interference in Iran’s internal affairs, using human rights as a pretext.  The United Nations Charter clearly stipulated equal sovereignty among all Member States.  It also called for placing an increased value on human rights and non-interference in the internal affairs of States for political motives.  Syria trusted that understanding and dialogue, based on national sovereignty, genuine dialogue and non-selectivity, would prevail.  That would bring States closer together and promote human rights.  It would ensure those rights, while also placing emphasis on national and regional specificities.

He said the human rights question should be addressed in the Human Rights Council, which was the appropriate forum, not the Third Committee.  Iran’s delegate had said his country had recently submitted its periodic report to that Council, as part of the Universal Periodic Review.  That mechanism was the appropriate tool for addressing the human rights situation.  Addressing that situation through country-specific resolutions in this Committee had a negative impact on human rights conventions, among other human rights mechanisms.  This was particularly true when Israel was clearly among the co-sponsors of the current resolution, just a few weeks after the Assembly’s adoption of the Goldstone Report, which dealt with serious human rights violations by that country in Gaza.

He went on to underline that human rights violations were very serous and, thus, required understanding and dialogue among States, rather than slander by one State against another, which had nothing to do with human rights.  He endorsed the position of principle expressed by States and encouraged other States to oppose the submission of these kinds of political drafts, which had nothing to do with the issues at hand.  This was a duplicitous way of dealing with human rights in international fora.

Libya’s representative, aligning his statement with remarks on behalf of the Organization of the Islamic Conference, voiced his delegation’s regret at the insistence of some States of tabling drafts of a political nature that targeted certain States, on the pretext of the human rights violations.   Libya expressed opposition to those countries that used the Third Committee to advance political goals.  This introduced duplicity into the Committee’s work, as well as of the Human Rights Council.  Following the position of the non-aligned States, which refused to infringe on the sovereignty of other countries, Libya would vote against the draft resolution.  But, this vote should not be interpreted as support for human rights violations.

The representative of Venezuela reiterated its firm opposition to the practice of some States of tabling country-specific resolutions, using as their reason the human rights situation in those targeted States.  This practice was illegitimate and undesirable, and it had no genuine interest in its stated purposes.  The co-sponsors had committed their own human rights violations, yet no texts were submitted against them.  This was why the Human Rights Council had set up the Universal Periodic Review.   Venezuela, therefore, believed that any measure adopted in the United Nations should aim to protect and promote human rights using the mechanism of genuine dialogue and the spirit of cooperation.  She urged all delegations to vote against the text.  Political pressure and the use of human rights in applying it would not be allowed.

The Committee then approved the text by 74 in favour to 48 against, with 59 abstentions. (For further details of the vote, please see Annex I.)

Speaking in explanation of vote after action, the representative of Brazil said his country had abstained from the vote.  His country encouraged Iran’s engagement with the Human Rights Council and other United Nations bodies responsible for promotion and protection of human rights.  As the main body for dealing with human rights issues, the Council should create an enabling environment for fostering constructive dialogue and cooperation worldwide on human rights.  He noted with concern certain aspects of human rights in Iran, as pointed out in the Secretary-General’s report, including on the right of minorities, particularly the Baha’i.  Regarding social, economic and cultural rights, more should be done to advance the rights of women, to preserve freedom of expression, to safeguard students, local embassy personnel and others from persecution.  He looked forward to a constructive debate on the human rights situation in Iran next year, when it presents its report under the Universal Periodic Review.

The representative of Algeria said he had voted against the draft, because his country believed that such resolutions were selective and an example of the politicization of human rights.  He believed the Universal Periodic Review mechanism approved by the Third Committee as part of the institutional building package of the Human Rights Council was suitable for considering the human rights situation in all countries, without exception.  It took a cooperative approach, based on sincere dialogue.  States must work to establish the Universal Periodic Review as the main way for improving States’ performance in promoting and protecting human rights.

Guatemala’s representative said one of the tenets of its foreign policy was respect for human rights, particularly the observance of international human rights instruments.  It was concerned by certain “affirmations” in the Secretary-General’s report on Iran, particularly paragraph 14 which discussed negative events that had taken place since June 2008 in the area of civil and political rights.  Her Government had taken note of reports from Iranian authorities, and noted also that it would be subject to Universal Periodic Review next year, and had the understanding that the report would be submitted to Human Rights Council at that body’s seventh session next year.  In light of that, she had abstained from the vote, and would await the results of the Universal Periodic Review.

The representative of Belarus said that her statement referred to all three country-specific resolutions, taken up today and yesterday.  Her country had voted against them.  It opposed country-specific resolutions, as they undermined the sense of objectivity needed to consider human rights issues.  It was clear that any country could become subject to a country-specific resolution.  Her country noted that an effective mechanism for preserving human rights in all countries had been created: the Universal Periodic Review.  It allowed for an analysis of human rights on the basis of constructive and mutually respectful dialogue, helping strengthen national institutions dealing with human rights.  As a country that had been subject to the prejudice and selectivity of others, Belarus believed that country-specific resolutions should be rejected.  They created barriers between parties interested in the pursuit of human rights.  Human rights should be a uniting factor, but, for now, they only continued to divide.

The representative of Bangladesh expressed concern about reports of the human rights deterioration in that country, particularly after the presidential elections in June, and encouraged Iran to fulfil its human rights obligations.  His country, however, was not convinced that country-specific resolutions were appropriate.  Bangladesh had, thus, voted against the text.

Japan’s delegate said his country had voted for the resolution in view of the fact that the human rights situation in Iran could be improved.  In this regard, he pointed to the restrictions against media following June’s presidential elections, as well as restrictions on the local staff of foreign embassies. However, Japan also recognized that the Government of Iran had made positive steps in the realm of human rights.  Among other things, it had proposed several collaborations towards improvements in human rights.  He commended the Iranian Government for its cooperative approach and for moving forward with these initiatives.  Japan also welcomed Iran’s recent ratification of the Convention on Rights of People with Disabilities.  For these reasons, Japan had voted for the resolution without becoming a co-sponsor this year. 

The representative of the Philippines said his country believed that promoting a global culture of human rights could be more effective if it took an approach that combined moral suasion, dialogue and offers of assistance.  Recalling that the Non-Aligned Movement had expressed deep concern over the practice of selective adoption of country-specific resolutions in the Third Committee, which breached the issues of non-selectivity, among other important principles, he said the Assembly should review the real impact and utility of these resolutions.  How had they allowed the Governments concerned to improve their human rights records?  Through the Human Rights Council, which met year-round and had adopted the Universal Periodic Review, the Assembly had shown its commitment to finding real ways to promote human rights.  This position had prompted the Philippines to abstain from all three country-specific resolutions.

The SECRETARY said that he noted that the representative of the Philippines had made a general statement during the portion of the meeting devoted to explanation of vote after the vote.

The representative of the Philippines said it was a statement of position after the vote.

The SECRETARY said that he had listened carefully to the statement and it seemed to be about all three statements.

The representative of the Philippines said that his country insisted his statement was an explanation of vote after the vote.  He had listened to the representative of Belarus, who had said the same thing, so he did not understand the Secretary.

Iran’s representative thanked those delegations that had voted against L.37.  He also recognized the States that had not supported the resolution by being absent or by abstaining from the vote.  The reality was that 118 Member States did not support the resolution.  The high number of votes against and in abstention demonstrated that the majority of Member States continued to oppose the resolution put forward by Canada and its allies.  This pattern of voting clearly indicated that appropriate measures should be taken to prevent countries like Canada from abusing the United Nations.  This should be taken into account by the Secretary-General and Member States in the future.

The Committee then turned to a draft on implementation of the outcome of the World Summit for Social Development and of the twenty-fourth special session of the General Assembly (document A/C.3/64/L.9/Rev.1), introduced by the representative of Sudan.

The draft would have the Assembly recognize that the concept of social development affirmed by the World Summit for Social Development and the twenty?fourth special session of the General Assembly had been weakened in national and international policymaking and that, while poverty eradication was central to development policy and discourse, further attention should be given to other commitments agreed to at the Summit, in particular those concerning employment and social integration, which suffered from the general disconnect between economic and social policymaking.

By further terms, the Assembly would stress the critical nature of an enabling environment for achieving equity and social development and that, while economic growth was essential, entrenched inequality and marginalization were an obstacle to the broad-based and sustained growth required for sustainable, inclusive, people-centred development.  It would also stress that stable global financial systems and corporate social responsibility, among other things, were essential for creating an enabling international environment.

Among other things, the draft would have the Assembly request United Nations funds, programmes and agencies to mainstream the goals of full and productive employment and decent work for all in their activities, and invite financial institutions to support such efforts.  Governments would be urged to develop systems of social protection and -- recognizing the need for social protection systems to provide social security and support labour-market participation -- to extend or broaden coverage, including to workers in the informal economy.  It would invite the International Labour Organization to strengthen its social protection strategies, including assistance to countries in building social protection floors and policies on extending social security coverage.

Acting without a vote, the Committee approved the draft text.

Speaking after its approval, the representative of the United States said he had been pleased to join the consensus, but regretted that the draft had not been more balanced regarding the impact of internal and external factors on development.  The primary responsibility for development rested with Governments.  External factors, such as crises or oil shocks, could well have an effect on development, but in the long run, domestic policies mattered more, because it was through domestic policies that people were provided the opportunity to address their needs.  The provision of such opportunities, in turn, had an impact on sustainable development.  He expressed hope that, next year, any drafts on the issue would deal with those issues in a more balanced manner.

The Committee then took up the draft on the Proclamation of 2010 as International Year of Youth:  Dialogue and Mutual Understanding (document A/C.3/64/L.8/Rev.1), introduced by the representative of Sudan, speaking on behalf of the “Group of 77” and China.

The draft would have the Assembly proclaim the year commencing on 12 August 2010 as the International Year of Youth:  Dialogue and Mutual Understanding, and to organize a World Youth Conference under the auspices of the United Nations as the highlight of the Year.  The President of the General Assembly would be invited to conduct open-ended informal consultations with Member States with the view to determining Conference modalities, which would be funded by voluntary contributions.

The Secretary, MONCEF KHANE, reiterated his understanding that conferences arising from adoption of the resolution would be funded through voluntary contributions and thus would not give rise to any budget implications.

Before the Committee moved to take action on the text, the representative of the Republic of Korea asked for clarification from the Secretariat on the existence of guidelines on the proclamation of international years.  If so, what were the main elements of those guidelines?  And was the draft resolution under consideration in conformity with those guidelines?  If not, did the Committee have the competence to disregard the guidelines adopted by the General Assembly?

In response, Mr. KHANE said he was not in a position to give an exhaustive response to a question that was quite wide in scope.  In short, he affirmed the existence of such guidelines, as adopted by the Economic and Social Council and endorsed by the General Assembly.  They were “reiterated” by the Assembly in 1999.  The adoption of those guidelines by the Assembly was contained in decision 35/424.  The guidelines were fairly long.  He quoted a section of the guidelines which, if he understood the representative of the Republic of Korea correctly, was relevant to the case today:  “every effort should be made to ensure an interval of at least two years between two international years and a longer interval between years concerning similar subjects.  A final decision on a proposal should be taken by the General Assembly not earlier than one full year after the introduction of the proposal in order to take into account the views expressed by all Member States and allow a thorough assessment of the proposal by the competent organs.”

As such, he said, the draft before the Committee would appear to be in conformity with those guidelines -- the language in the paragraphs he had just read used the verb “should” and not “shall”.  But, while adoption of the draft by the Committee would not be a violation of the guidelines, it would be fair to say that it would not heed the spirit of the guidelines.  He pointed out a precedent in which a Year was proclaimed in a short time:  the International Year of Physics was decided on 2004, less than six months before the entry into force of the International Year in 2005.

The representative of Tunisia further added that that, during informal consultations, he had provided a similar explanation.  The guidelines stated that “every effort should be made” to work within a two-year time frame, but the ultimate course of action depended on the will of States.  Further, the guidelines described what States should do “in general terms”, and yet, as the Secretariat had just mentioned, there was a situation where a Year was proclaimed only six months before it was celebrated.  In addition to that example, he knew of 7 or 8 other cases:  the International Year of Mobilization for Sanctions Against South Africa was proclaimed in 1981 and began in 1982; the International Year of Sport and the Olympic Ideal was proclaimed in 1983 and celebrated in 1984;   the International Year of the Victims of the Second World War, proclaimed in 1994 and celebrated in 1995; and International Year for Cultural Heritage proclaimed in 2001 and celebrated in 2002.  Most recently, the International Year on Human Rights Learning was proclaimed in 2008 and celebrated the following year.  When adopting the guidelines, the Assembly often left a space open to accommodate the will of States.  He re-stated his belief that the resolution was in conformity with the guidelines.

The Committee then approved the draft without a vote.

The representative of the Republic of Korea said her country attached great importance to the participation of youth, and the dissemination of the ideals of peace, respect for human rights and fundamental freedoms, and the dedication to peace and development among youth.  It had sent youth delegations to the Commission on Social Development and the General Assembly, and had actively implemented the World Programme of Action for Youth.  It strongly supported United Nations efforts to address the challenges that young people faced and to maximize the potential of youth.  Since it was genuinely interested in substantive progress that could be achieved by the International Year, it had proposed the proclamation of 2012 instead of 2010.  That suggestion took account of the need for time to prepare for the Year, including defining the basic objectives and major activities before the start of the Year.  Also, the engagement of youth and youth organizations was vital to build support, and substantive consultations with the United Nations Secretariat and agencies were needed.

It was regrettable that its proposal of 2012 as the International Year was not properly considered, he said.  But, despite that, his Government would join the consensus based on its strong commitment to youth and in support for the basic spirit of the resolution.  It was very important to make the World Youth Conference mentioned in the draft a genuine success, requiring careful consideration of its timing, venue and topics.  The explanation given by the draft’s main sponsors was that the Conference was not necessarily supposed to be held before the end of the International Year.  He would like to keep that explanation on the record.

The representative of Norway, speaking also on behalf of Andorra, Italy, Sweden, Hungary, Bulgaria, Belgium, Czech Republic, Denmark, Latvia, Estonia, Lithuania, Iceland, Ireland, Slovakia, Slovenia, Liechtenstein, United States, Spain, Germany, France, the Netherlands, New Zealand and Switzerland, said the promotion of youth and the active promotion of youth in the processes concerning them were longstanding priorities for the Governments on whose behalf he spoke. These countries had joined consensus, but wished to call the Committee’s attention to the Assembly’s adoption of resolution 61/185 on 20 December 2006, which recalled the guidelines on international years contained in 35/424.  Those guidelines stipulated that a final decision on proposals for international years should be taken not later than one full year before its beginning, so that a thorough assessment of the proposal could be made.  These criteria had not been observed in the draft text just adopted.  Moreover, the lack of consultation with youth organizations ran counter to the draft’s stated aim of dialogue.  Moving forward, these Governments trusted that the Assembly would be mindful of the need to consult youth organizations in preparing for the year.

The representative of Tunisia said his delegation was grateful to Sudan for facilitating negotiations on the text.  Singapore’s contribution was also appreciated, as were those of the co-sponsors.  This draft was the product of a lengthy process through which the Group of 77 and China took into account proposals from their partners.  They regretted that some delegations proceeded to raise questions related to procedure and had had to make an explanation of position on this issue, particularly bearing in mind that the Group of 77 and China had been flexible.

He went on to say that today’s text showed the willingness of all States to give this international year a noble goal and aim to foster more awareness among youth of the need for their participation in issues concerning them.  It was now time to turn the page on the consultations and to look forward with hope that the noble goals set for this international year could be met.  He urged all stakeholders to engage in this effort to place youth at the centre of these goals. The active participation of youth in contributing to the international year’s success was highly anticipated.

In accordance with Assembly decision 55/488, the Committee then took note of the Overview of the World Social Situation 2009, which is contained in document A/64/158 and Corr.1.

The Committee next turned to a draft text on Guidelines for the Alternative Care of Children (document A/C.3/64/L.50), which was introduced by the representative of Brazil.

By that text, the Assembly would welcome the Guidelines for the Alternative Care of Children, which were contained in the annex to the text, as a set of orientations to help inform policy and practice.  It would further encourage States to take the Guidelines into account and to bring them to the attention of the relevant executive, legislative and judiciary bodies of government, human rights defenders and lawyers, the media and the public in general.  The Secretary-General would be requested to disseminate them, within existing resources, in all official United Nations languages, including by transmitting them to all Member States, regional commissions and relevant intergovernmental and non-governmental organizations.

In his introduction of the text, the representative of Brazil made an oral amendment to the text to add the words “to help inform” in the phrase in the first operative paragraph that then read:  “a set of orientations to help inform policy and practice”

The representative of Sweden, speaking on behalf of the European Union, said the group saw the 20th anniversary as an important catalyst for the implementation of the Convention, and welcomed the stated intention of the draft.  It was committed to the full realization of rights of the child and its members hoped that the guidelines would help inform policy and practice for States and other actors.  She noted that operative paragraph 1 used the word “welcome” and not “adopt”, but even without a formal adoption, the group held the hope that welcoming the guidelines would lead to a real improvement in the lives of children living under alternative care.

The representative of United Kingdom, aligning himself with the statement by the European Union, reiterated -- on the event of the Convention’s 20th anniversary -- his country’s commitment to advancing the rights of children throughout the world.  His Government supported the intended purpose of the Guidelines, noting that they were non-binding and helped to inform States on different forms of care for children.  He understood that the Assembly was not adopting those guidelines, but still wished to make clear that there were certain provisions on which the United Kingdom had outstanding concerns:  regarding the paragraph on education during pregnancy, he stressed that no State could guarantee non-interruption of studies during pregnancy.  Also, it was not appropriate to coerce teen parents to continue their studies if they did not wish it.

On the paragraph regarding care givers deprived of liberty, he explained that the United Kingdom has a presumption of bail, in all cases.  Also, when passing sentence, the offender’s situation was taken into account.  However, in some cases custodial sentence must be imposed because the offence was so serious, and because it was not appropriate for the child to remain with the offender.  On the question of principal caregivers, the United Kingdom did not believe it was acceptable practice to accord quasi-parental rights without inquiry into the status or relations with the child and without court determination.  Further, children were not the only people with rights; the rights of adults must also be respected.  The wording on data protection did not reflect United Kingdom or European Union data protection law.  The United Kingdom recognized record sharing needed to respect the rights of privacy, and that the rights of adults must not be made vulnerable in allowing for the rights of the child.  With those comments, his Government was able to lend its support to the text.

The representative of the United States said his country was committed to protecting the well-being of children worldwide.  A healthy, safe environment should be created for all children, allowing them to thrive and grow.  He thanked Brazil and the draft resolution’s other co-sponsors.  The United States welcomed the spirit of the guidelines, which offered useful guidance for children without parental care.  However, the United States remained concerned about the broad scope of these guidelines, and in this respect he underscored that their purpose and nature were to set out desirable orientations for policy and practice.  The understanding of the United States was that these guidelines were not obligatory or binding, but could be used to guide the development of policy for children without parental care.

Australia’s delegate said her country agreed in principle with these guidelines.  It noted that they were broadly representative of the obligations set forth in the Convention on the Rights of the Child.  Australia’s arrangements for out-of-home care were widely in line with these guidelines.  The Government had recently adopted a national framework for protecting Australia’s children.  It was also leading a process to develop a new set of standards to reflect best practices and to promote care.  But, it noted that neither the guidance on informal care nor those guidelines that advocated a particular approach, were applicable under Australia’s current policy or across its local governments.

The representative of Canada said her country was pleased to join consensus on the 20th anniversary of the Convention on the Rights of the Child.  She welcomed the leadership of Brazil in facilitating this text and also acknowledged the efforts of those contributing to the development of the guidelines, including, among others, UNICEF and the Committee on the Rights of the Child.  It was Canada’s understanding that the guidelines would serve as practical tools to be used voluntarily and that they were not intended to be obligatory and binding.  It was on this basis that Canada had joined consensus on the resolution.

The Committee then approved the draft resolution, as orally revised, without a vote.

The Committee next turned to a four-part draft resolution on the rights of the child (document A/C.3/64/L.21/Rev.1), which was introduced by the representative of Sweden, on behalf of the European Union and all other co-sponsors.

By Part I, on implementation of the Convention on the Rights of the Child and the Optional Protocols thereto, the Assembly would commemorate the twentieth anniversary of the adoption of the Convention on the Rights of the Child and the fiftieth anniversary of the adoption of the Declaration of the Rights of the Child, which provided a foundation for the Convention.  It would also urge States that have not yet done so to become parties to the Convention and the Optional Protocols thereto as a matter of priority and to implement them fully.

By Part II, on promotion and protection of the rights of the child and non-discrimination against children, the Assembly would urge all States parties to intensify their efforts to comply with their obligations under the Convention to protect children in matters of registration, family relations and adoption or other forms of alternative care.  Recognizing the threat to the achievement of internationally agreed development goals posed by the global financial and economic crisis, which is connected to multiple, interrelated global crises and challenges, it would call on States to address, in their response to the crisis, any impact on the full enjoyment of the rights of children.

Among other provisions, the Assembly would call on all States to respect and protect the rights of children alleged to have infringed or recognized as having infringed penal law as well as children of persons alleged to have infringed or recognized as having infringed penal law.  It would call on them to prevent, criminalize, prosecute and punish all forms of the sale of children, including for the purposes of the transfer of their organs for profit, child slavery, commercial sexual exploitation of children, child prostitution and child pornography.  States would be called on to eliminate the demand that fosters these practices and to address the needs of victims effectively.

Further by this part of the text, States would be called on to enact and enforce necessary legislative or other measures to prevent the distribution over the Internet of child pornography.  They would also be called on to translate into concrete action their commitment to the progressive and effective elimination of child labour that is hazardous or that interfered with the child’s education or harmed the child’s development.  They would further be asked to eliminate immediately the worst forms of child labour.

By Part III, on the right of the child to express his or her views freely in all matters affecting him or her, the Assembly would recognize that the child who is capable of forming his or her own views should be assured the right to express those views freely in all matters affecting him or her, with the views of the child being given due weight in accordance with his or her age and maturity.

According to “the right to be heard”, it would call on States to assure that children are given the opportunity to be heard on all matters affecting them, without discrimination by adopting and/or continuing to implement regulations and arrangements that provide for and encourage their participation.  Among other things, States are called on to designate, establish or strengthen relevant Governmental structures for children, where appropriate; involve children, as appropriate, in the planning, design, implementation and evaluation of the national plans of action set out in “A world fit for children” that relate to the rights of the child; provide support to children and adolescents to enable them to form and register their own associations and other child- and adolescent-led initiatives; ensure the equal participation of girls, including adolescents; and take all appropriate measures to promote the active involvement of parents, professionals and relevant authorities in the creation of opportunities for children to exercise their rights to be heard within their everyday activities.

By Part IV, on follow-up, the Assembly would, among other things, ask the Special Representative of the Secretary-General on matters relating to children, as well as the Special Rapporteurs on such matters, to submit reports to it and the Human Rights Council.

The representative of United States said his country was committed to protecting the rights of children domestically and around the world.  His Government would like to encourage other States to protect children from sexual exploitation and trafficking, as it continued to do through various legislative Acts.  It had taken the initiative to combat sexual exploitation in the form of child pornography and child labour.  There were federal, state and local programmes to protect child rights regarding access to health care, foster care and education.  The Child Health Insurance Programme Reauthorization Act provided substantial resources to states to extend coverage to 11 million children, 4 million of which were previously uninsured. 

Continuing, he noted that the resolution highlighted the ability of children to express their views directly or through representatives, and to participate in decision-making that affected their lives.  In the United States, child advocates and ombudspersons provided a vehicle through which children could express their views on child custody, foster care and juvenile justice.  The draft drew attention to the equal participation of girls, and indeed, most children that did not attend primary school were girls.  Girls were also more vulnerable to trafficking and sexual violence.  The United States viewed the United Nations Children’s Fund (UNICEF) as a key partner in global efforts to protect children, was a strong supporter of its initiatives and provided a significant amount of voluntary contributions to it each year.  Aside from UNICEF, the United States worked through the Office of the United Nations High Commissioner for Refugees (UNHCR) and the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) to promote the protection of children. 

He stressed that support for the draft did not imply that States must become party to instruments to which they were not party.  Its support for the text was not a change in its position regarding any treaties or body of customary law.  But, it looked forward to working with States referred to in the draft’s preambular paragraph 2 and operative paragraph 2.  While the United States had signed, but not ratified, the Convention on the Rights of the Child, it was a party to its optional protocols.  On the occasion of the 20th anniversary of the Convention, the United States was pleased to state its commitment to continue strengthening already existing protections and to explore new ways to make sure children’s rights were realized.  It was committed to upholding the underlying spirit of the Convention in the last 20 years, and looked forwards to building on progress in the next 20.

To a round of applause, that draft resolution was approved by the Committee without a vote.

Making an explanation of position after action, the representative of Syria said her delegation was pleased with the adoption of the draft resolution of the rights of the child, which was adopted by the Committee by consensus for the first time.  Syria understood that the section on children in armed conflict applied to children suffering under colonial domination and foreign occupation.  Her delegation reserved the right to interpret certain sections in accordance with its national legislation and requested that this be reflected in the meeting’s records.

Next, the Committee took up the draft on the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (document A/C.3/64/L.38/Rev.1), which the representative of Norway introduced.

The CHAIR informed the Committee that this text contained no programme budget implications.

The draft would have the Assembly welcome the reports of the Special Rapporteur on the situation of human rights defenders and her contribution to the effective promotion of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.

Gravely concerned by the considerable number of communications received by the Special Rapporteur on the situation of human rights defenders, together with reports submitted by some of the special procedure mechanisms, the Assembly would, through the resolution, condemn all human rights violations committed against persons engaged in promoting and defending human rights and fundamental freedoms around the world.  The Assembly would urge States to take all appropriate action, consistent with the Declaration and all other relevant human rights instruments, to prevent and eliminate such human rights violations.

The draft would call on States to respect, protect and ensure the rights to freedom of expression and association of human rights defenders.  In that regard, States would be called on to ensure that procedures governing registration of civil society organizations were transparent, non-discriminatory, expeditious, inexpensive, allowed for the possibility to appeal and avoided requiring re-registration, in accordance with national legislation, and that those procedures conformed to international human rights law.  They would be urged to ensure that measures to combat terrorism and preserve national security were in compliance with international law, particularly international human rights law, and such measures did not hinder the work and safety of individuals, groups and organs of society engaged in promoting and defending human rights.

By further terms, the Assembly would urge States to address the question of impunity for attacks, threats and acts of intimidation, including cases of gender-based violence, against human rights defenders and their relatives.

The representative of the Democratic People’s Republic of Korea requested a recorded vote on the draft text.

The SECRETARY apologized that the voting technician had left the room. Perhaps the Committee should take a short suspension. 

Norway’s representative requested a suspension of the meeting in accordance with the notice of the Secretary.

The representative of the Democratic People’s Republic of Korea said his delegation would like to make its position clear.  If a vote was taken, his delegation would abstain.  Asked for further clarification from the Chair, he said he meant that he withdrew his request for a vote and that if the Committee had voted, the Democratic People’s Republic of Korea would have abstained.

Acting then without a vote, the Committee approved the draft text.
The representative of Syria said her Government had joined the consensus, but regretted the fact that the facilitator and co-sponsors did not include the concerns of those who defended human rights in occupied territories, who were also exposed to serious dangers and human rights violations.  All paragraphs in the resolution should apply to defenders of human rights in occupied territories.  In addition, she called on States not to interfere in the internal affairs of other States and not to be selective in their treatment of other countries.  States should not impose rights and responsibilities selectively.  She noted that paragraph 20 of the Declaration reaffirmed the principle of sovereignty and non-interference in the internal affairs of States.

The representative of the Russian Federation said her Government attached great importance to the work of human rights defenders for their contribution to society, which was not in question.  While she praised the facilitator for the transparent approach taken during consultations, she stressed the unwillingness of co-sponsors to include a reference, in the draft, of the code of conduct for special procedures.  That decision was perplexing and a cause for regret.  She hoped that the decision did not indicate that they were re-appraising their position on the code of conduct, which was approved by the Human Rights Council and General Assembly.  She viewed the Declaration as pertaining to individuals and civil society organizations dealing with human rights, and references to all previous resolutions on the subject as confirmation of the views reached in previous years regarding its contents.  So as not to oppose the consensus, she said her Government had not called the draft into question.  But, it would like their position to be noted.  In the future, it was hoped that co-sponsors would be more balanced and not interpret, arbitrarily, the thrust of the Declaration or impose their opinion of it on others.

The representative of the Venezuela said her country was grateful to Norway for its efforts in seeking consensus on this resolution.  Venezuela had joined consensus, but it did not think the text took a balanced approach.  A resolution on this Declaration should include the main concerns of States with regard to violations of those who defend human rights in any circumstances.  This notwithstanding, there had been serious opposition among the co-sponsors to mentioning violations of the rights of those defenders under foreign occupation, or in situations where the constitutional order of a country had been disrupted. In those cases, the rights of human rights defenders did not count.

Her delegation believed this draft resolution should refer in greater detail to the rights and responsibilities of civil society, yet there was a refusal among the co-sponsors to recognize the rights and responsibilities of such groups. Venezuela placed on record the need for all groups defending human rights to conduct their work without any political bias or link.  In many countries, the work of such groups was seen to promote political ends, including political instability and even in planning State coups.  These groups must comply with their rights and responsibilities within the national context and under its regulations. Her delegation would continue to insist on the inclusion of these issues in this text.  It would reject the lack of a comprehensive approach in the draft to these rights.  Finally, Venezuela wished to be placed on record that it would interpret the draft according to its national legislation.

Cuba’s representative said her delegation regretted the lack of reference in the text to resolution 5/2 of the Human Rights Council, which was adopted by the General Assembly and which addressed the code of conduct of the special procedures mandate holders.  The important appeal of a broad number of countries of the South on this resolution should have been borne in mind.

ANNEX

Vote on Iran

The draft resolution on the human rights situation in Iran (document A/C.3/64/L.37) was approved by a recorded vote of 74 in favour to 48 against, with 59 abstentions, as follows:

In favour:  Albania, Andorra, Argentina, Australia, Austria, Belgium, Belize, Bosnia and Herzegovina, Botswana, Bulgaria, Canada, Chile, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, El Salvador, Equatorial Guinea, Estonia, Fiji, Finland, France, Germany, Greece, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Japan, Kiribati, Latvia, Liberia, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malta, Marshall Islands, Mexico, Micronesia (Federated States of), Monaco, Montenegro, Nauru, Netherlands, New Zealand, Norway, Palau, Panama, Papua New Guinea, Peru, Poland, Portugal, Republic of Moldova, Romania, Saint Lucia, Samoa, San Marino, Saudi Arabia, Slovakia, Slovenia, Spain, Sweden, Switzerland, The former Yugoslav Republic of Macedonia, Timor-Leste, Tonga, Ukraine, United Kingdom, United States, Vanuatu.

Against:  Afghanistan, Algeria, Armenia, Azerbaijan, Bangladesh, Belarus, China, Comoros, Cuba, Democratic People’s Republic of Korea, Ecuador, Egypt, Eritrea, Guinea, Guinea-Bissau, India, Indonesia, Iran, Kazakhstan, Kuwait, Kyrgyzstan, Lebanon, Libya, Malaysia, Mauritania, Myanmar, Nicaragua, Niger, Nigeria, Oman, Pakistan, Qatar, Russian Federation, Senegal, Somalia, Sri Lanka, Sudan, Syria, Tajikistan, Tunisia, Turkmenistan, Tuvalu, United Arab Emirates, Uzbekistan, Venezuela, Viet Nam, Yemen, Zimbabwe.

Abstain:  Angola, Antigua and Barbuda, Bahamas, Barbados, Benin, Bhutan, Bolivia, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Central African Republic, Colombia, Congo, Côte d’Ivoire, Democratic Republic of the Congo, Ethiopia, Gambia, Georgia, Ghana, Grenada, Guatemala, Guyana, Haiti, Jamaica, Jordan, Kenya, Lao People’s Democratic Republic, Lesotho, Malawi, Mali, Mauritius, Mongolia, Morocco, Mozambique, Namibia, Nepal, Paraguay, Philippines, Republic of Korea, Rwanda, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Sierra Leone, Singapore, Solomon Islands, South Africa, Suriname, Swaziland, Thailand, Togo, Trinidad and Tobago, Uganda, United Republic of Tanzania, Uruguay, Zambia.

Absent:  Bahrain, Chad, Djibouti, Dominica, Gabon, Iraq, Maldives, Sao Tome and Principe, Serbia, Seychelles, Turkey.

* *** *

Sierra Leone parents seek children adopted by Americans in late 1990s, saying no consent given

Sierra Leone parents seek children adopted by Americans in late 1990s, saying no consent given

 

Published June 03, 2010

| Associated Press

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Dr. Phil Show Strikes Right Tone With Wrong Title

June 3, 2010. Dr. Phil Show Strikes Right Tone With Wrong Title. Hearing the title of Dr. Phil McGraw's show, "Adoption: Return to Sender" frankly terrified us. We were prepared for a sensationalized treatment of the Tennessee case which sparked the crisis in Russian adoption we still are dealing with. But the episode was actually very good. Dr. Phil kept viewers reminded that the failed or in crisis adoptions are a very small percentage of international adoptions. His families who were featured have all continued to work with their children to provide the best care that they can. And the experts consulted, including Tom Difilipo and Dr. Lisa Albers Prock, gave excellent advice. Tragically the truth is that there are no good answers for certain children, whether adopted or not, who have serious emotional and psychological problems. Once again, transparency and support, the two themes we have emphasizing in international adoption, remain the keys to a successful or at least manageable outcome. More Information.