What the Convention requires
Intertextual conduct in nation states’ non-binding agreements with the UN
How can conduct be enforced when governmental relations are entirely reliant on linguistic exchange? This is the question at stake in such jurisdictions as the United Nations when nations sign up to legally non-binding commitments. The few commentators in this area hold that non-enforceability gives states the upper hand in this relationship. The research reported here, however, challenges that conclusion. By looking at textual exchanges of reporting and assessment respectively between the New Zealand government and the Committee on the Rights of the Child over a twenty year period, this paper identifies the linguistic and rhetorical strategies by which each party attempts to orient the conduct of the other. The conclusion reached, which can still only be provisional, is that, through nothing other than unwavering reiteration of its mandate, the UN committee gradually exhausts the evasive and countering tactics of the state party to bring about a degree of compliance.
Article outline
- 1.Introduction
- 2.The specific case
- 3.Reader conducting strategies in the New Zealand government’s first periodic report
- 3.1Unqualified description
- 3.2Pre-empting
- 3.3Avoiding
- 3.4Defending
- 4.The committee’s first response
- 4.1Hierarchy of stock phrases
- 4.2Hedging
- 5.The New Zealand government’s second periodic report
- 5.1Strategy of possible compliance
- 5.2Strategy of expressing unlikelihood
- 5.3Strategy of preferment
- 6.The committee’s second response
- 7.The New Zealand government’s combined third and fourth reports
- 8.The committee’s third response
- 9.New Zealand’s fifth report
- 10.Concluding discussion
- Acknowledgements
-
References
References (24)
References
Bakhtin, Mikhail. 1981. “Discourse in the Novel”. In The Dialogic Imagination, ed. by Michael Holquist, 259–422. Austin: University of Texas Press.
Briggs, Charles L., and Richard Bauman. 1992. “Genre, Intertextuality, and Social Power”. Journal of Linguistic Anthropology 2 (2): 131–172.
Bazerman, Charles. 2009. “Intertextuality: How Texts Rely on Other Texts”. In What Writing Does and How it Does It: An Introduction to Analyzing Texts and Textual Practices, ed. by Charles Bazerman and Paul Prior: New York and London: Routledge.
Committee on the Rights of the Child. 1991. General Guidelines Regarding the Form and Content of Initial Reports to be Submitted by States Parties under Article 44, Paragraph 1 (a), of the Convention. New York: United Nations.
Committee on the Rights of the Child. 1997. Concluding Observations of the Committee of the Rights of the Child: New Zealand (CRC/C/15/Add. 71). Geneva: United Nations. [URL].
Committee on the Rights of the Child. 2003. Concluding Observations of the Committee of the Rights of the Child: New Zealand (CRC/C/15/Add. 216). Geneva: United Nations. [URL].
Committee on the Rights of the Child. 2011. Concluding Observations of the Committee of the Rights of the Child: New Zealand (CRC/C?NZL/C0/3–4). Geneva: United Nations. [URL].
Daiute, Colette. 2008. “The Rights of Children, the Rights of Nations: Developmental Theory and the Politics of Children’s Rights”. Journal of Social Issues 64 (4): 701–723.
Essary, Elizabeth H., and Elena Theisner. 2013. “Monitoring World Society: The Convention on the Rights of the Child in Cameroon”. International Journal of Politics, Culture, and Society 261: 305–322.
Fairclough, Norman. 1992. “Intertextuality in Critical Discourse Analysis”. Linguistics and Education 41: 269–293.
Foucault, Michel. 2007. Security, Territory, Population (Lectures at the Collège de France 1977–1978), ed. by Michael Senellart. Basingstoke: Palgrave Macmillan.
Freadman, Anne. 1994. “Anyone for Tennis?” In Genre and the New Rhetoric, ed. by Aviva Freedman and Peter Medway. London: Taylor & Francis.
Hammarberg, Thomas. 2001. “Searching the Truth: The Need to Monitor Human Rights with Relevant and Reliable Means”. Statistical Journal of the United Nations Economic Commission for Europe 18 (2/3): 131–140.
Harn, Kristina, and Anna Holzscheiter. 2013. “The Ambivalence of Advocacy: Representation and Contestation in Global NGO Advocacy for Child Workers and Sex Workers”. Global Society 27 (4): 497–520.
Kiersey, Rachel, and Nóirin Hayes. 2010. “Reporting the Rhetoric, Implementation of the United Nations Convention on the Rights of the Child as Represented in Ireland’s Second Report to the UN Committee on the Rights of the Child: A Critical Discourse Analysis”. Child Care in Practice 16 (4): 327–346.
Krommendijk, Jasper. 2015. “The Domestic Effectiveness of International Human Rights Monitoring in Established Democracies. The case of the UN Human Rights Treaty Bodies”. The Review of International Organisations 101: 489–512.
Liefaard, Ton, and Julia Sloth-Nielson (eds.). 2016. The United Nations Convention on the Rights of the Child: Taking Stock after Twenty-five Years and Looking Ahead. Leiden: Brill.
Marsen, Sky. 2004. “To be an Actor or to be an Observer? Semiotic Typology of Narrator Roles in Written Discourse”. Semiotica 1491: 223–243.
Ministry of Social Development. 2015. Fifth Periodic Report to the Committee on the Rights of the Child, Wellington: New Zealand Government. [URL].
Ministry of Social Development. 2016. “UNCROC Reporting”. [URL]. Accessed 2 April 2016.
Ministry of Youth Affairs. 1995. Initial Report to the Committee on the Rights of the Child. Wellington: New Zealand Government. [URL].
Ministry of Youth Affairs. 2001. Second Periodic Report to the Committee on the Rights of the Child. Wellington: New Zealand Government. [URL].
Ministry of Youth Development. 2008. Third and Fourth Periodic Reports to the Committee on the Rights of the Child. Wellington: New Zealand Government. [URL].
Cited by (1)
Cited by one other publication
This list is based on CrossRef data as of 5 july 2024. Please note that it may not be complete. Sources presented here have been supplied by the respective publishers.
Any errors therein should be reported to them.