General Documents Not Relating To Specific States - Annual and Sessional Reports - CRC - A/53/41 (Biennial Report, 12th

A/53/41

United Nations

Report of the Committee on the Rights

of the Child

General Assembly

Official Records • Fifty-third Session

Supplement No. 41 (A/53/41)

A/53/41

Report of the Committee on the Rights

of the Child

General Assembly

Official Records • Fifty-third Session

Supplement No. 41 (A/53/41)

United Nations • New York, 1998

NOTE

Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document.

ISSN 1020-1823

[Original: English]

[7 July 1998]

CONTENTS

Paragraphs Page

I. CONCLUSIONS AND RECOMMENDATIONS ADOPTED BY THE

COMMITTEE ON THE RIGHTS OF THE CHILD AT ITS TWELFTH

TO SEVENTEENTH SESSIONS .......................................... 1

A. Organization of work ......................................... 1

B. Cooperation with other United Nations organs and other

competent bodies ............................................. 2

II. ORGANIZATIONAL AND OTHER MATTERS ..................... 1 - 7 4

A. States parties to the Convention ................ 1 4

B. Sessions of the Committee ....................... 2 4

C. Membership of the Committee ..................... 3 - 6 4

D. Adoption of the report .......................... 7 5

III. REPORTS BY STATES PARTIES UNDER ARTICLE 44 OF THE

CONVENTION .......................................... 8 - 1340 6

A. Submission of reports ........................... 8 - 10 6

B. Consideration of reports ........................ 11 - 1340 6

IV. OVERVIEW OF THE OTHER ACTIVITIES OF THE COMMITTEE ... 1341 - 1428 182

A. Methods of work ................................. 1341 - 1362 182

B. International cooperation and solidarity for the

implementation of the Convention ................ 1363 - 1382 186

C. General thematic discussions .................... 1383 - 1428 189

Annexes

I. States that have ratified or acceded to the Convention on the

Rights of the Child as at 23 January 1998 ........................ 202

II. Membership of the Committee on the Rights of the Child ........... 207

III. Status of submission of reports by States parties under

article 44 of the Convention on the Rights of the Child as at

23 January 1998 .................................................. 208

I. CONCLUSIONS AND RECOMMENDATIONS ADOPTED BY THE

COMMITTEE ON THE RIGHTS OF THE CHILD AT ITS

TWELFTH TO SEVENTEENTH SESSIONS

A. Organization of work

1. Sixteenth session, recommendation

The Committee on the Rights of the Child,

Having considered the report of the eighth meeting of persons chairing the human rights treaty bodies,

Agrees on the following:

1. In view of the specificities of each of the six human rights treaties, the consolidation of reports to the six human rights treaty bodies into a single report would not be conducive to the implementation of the rights enshrined in each treaty, including the Convention on the Rights of the Child;

2. The suggestion to convene an extraordinary three-day meeting of the chairpersons in February 1998 is welcomed as it would provide an opportunity to further explore the issue of possible reforms designed to enhance the effectiveness and efficiency of the treaty body system;

3. While taking due account of the general guidelines regarding the form and contents of periodic reports adopted by the Committee at its thirteenth session, the States parties to the Convention on the Rights of the Child should focus on a limited range of issues in their periodic reports, in particular those issues identified in the concluding observations adopted by the Committee in relation to the previous report.

2. Seventeenth session, recommendation 1

The Committee on the Rights of the Child,

Having considered the order of consideration of the reports submitted to it by the States parties to the Convention,

Agrees on the following:

1. Although the Convention on the Rights of the Child does not require the presence of the representatives of the States parties at the meetings during which their respective reports are examined by the Committee, such a presence is highly desirable;

2. Rule 68 of the provisional rules of procedure of the Committee establishes that "representatives of the States parties shall be invited to attend the meetings of the Committee when their reports are examined". The intention underlying this rule is to enable an effective and constructive dialogue between the Committee and the reporting States, which can be facilitated by the attendance of high-level representatives of the States parties;

3. Notwithstanding the desirability of such a dialogue, the Committee may use its right to examine reports even in the absence of a positive reaction on the part of a State party to the invitation to attend the meetings of the Committee. Such an approach is deemed necessary in order to enable the Committee to meet its mandate and heavy workload expeditiously and efficiently.

B. Cooperation with other United Nations organs

and other competent bodies

Seventeenth session, recommendation 2

The Committee on the Rights of the Child,

Welcoming the progress made by the Preparatory Committee on the Establishment of an International Criminal Court in preparing a draft consolidated text of a convention on the establishment of an international criminal court,

Welcoming also General Assembly resolution 52/160 of 15 December 1997, in which the Assembly decided, inter alia, that the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court shall be held in Rome from 15 June to 17 July 1998, with a view to finalizing and adopting a convention on the establishment of such a court,

Emphasizing the importance of ensuring that, in creating a permanent mechanism for the prevention and punishment of serious crimes of concern to the international community as a whole, the statute of the international criminal court duly take into account the need to protect the rights of children, both as victims and possible perpetrators of the said crimes, in accordance with the principles and provisions set forth by the Convention on the Rights of the Child,²

Considering that, in this respect, special attention should be devoted to the issues of definition of war crimes, age of criminal responsibility, aggravating and mitigating circumstances of the crimes and the protection of the rights of the child within the court's jurisdiction,

Recalling that, under article 43, paragraph 1, of the Convention on the Rights of the Child, the Committee was established "for the purpose of examining the progress made by States parties in achieving the realization of the obligations undertaken" in the Convention,

1. Recommends to all States parties to and signatories of the Convention on the Rights of the Child to operate, in the Preparatory Committee on the Establishment of an International Criminal Court and at the 1998 Rome Diplomatic Conference of Plenipotentiaries, with a view to ensuring that the provisions of the court's statute be in line with the principles and provisions of the Convention on the Rights of the Child with respect to the various aspects of the protection of children's rights;

2. Further recommends that special attention be devoted, in this context, to the rights of the child in the areas of definition of war crimes, age of criminal responsibility, aggravating and mitigating circumstances of the crimes and the protection of the rights of the child victim within the court's jurisdiction.

II. ORGANIZATIONAL AND OTHER MATTERS

A. States parties to the Convention

1. As at 23 January 1998, the closing date of the seventeenth session of the Committee on the Rights of the Child, there were 191 States parties to the Convention on the Rights of the Child. The Convention was adopted by the General Assembly in resolution 44/25 of 20 November 1989 and opened for signature and ratification or accession in New York on 26 January 1990. It entered into force on 2 September 1990, in accordance with the provisions of its article 49. A list of States that have signed, ratified or acceded to the Convention is contained in annex I to the present report.

B. Sessions of the Committee

2. The Committee has held six sessions since the adoption of its previous biennial report. The reports of the Committee on its twelfth, thirteenth, fourteenth, fifteenth, sixteenth and seventeenth sessions are contained in documents CRC/C/54, CRC/C/57, CRC/C/62, CRC/C/66, CRC/C/69 and CRC/C/73, respectively.

C. Membership and officers of the Committee

3. In accordance with article 43 of the Convention, the Sixth Meeting of the States parties to the Convention was convened on 18 February 1997 at United Nations Headquarters. The following five members of the Committee were elected for a term of four years beginning on 28 February 1997: Mr. Francesco Paolo Fulci, Mrs. Nafsiah Mboi, Mrs. Esther Margaret Queen Mokhuane, Mr. Ghassan Salim Rabah and Mrs. Marilia Sardenberg. The list of the members of the Committee, with an indication of their term of office, appears in annex II to the present report.

4. In accordance with article 43, paragraph 7, of the Convention and rule 14 of the Committee's provisional rules of procedure, Mrs. Akila Belembaogo and Mr. Thomas Hammarberg informed the Committee of their decision to cease to function as members of the Committee. By notes verbales dated 8 April and 28 April 1997, respectively, the Governments of Burkina Faso and Sweden informed the Secretary-General of the appointment of Mrs. Awa N'Deye Ouedraogo and Mrs. Lisbeth Palme as experts of the Committee for the remainder of the terms of Mrs. Belembaogo and Mr. Hammarberg. At the start of the session, the Committee approved the appointment of Mrs. Ouedraogo and Mrs. Palme by secret ballot, in accordance with rule 14 of its provisional rules of procedure.

5. The officers elected by the Committee at its ninth session continued to hold office at the eleventh, twelfth, thirteenth and fourteenth sessions. They were Mrs. Akila Belembaogo (Burkina Faso), Chairperson; Mrs. Flora C. Eufemio (Philippines), Mr. Thomas Hammarberg (Sweden) and Mrs. Marilia Sardenberg (Brazil), Vice-Chairpersons; and Mrs. Marta Santos Pais (Portugal), Rapporteur.

6. At its 372nd and 373rd meetings, on 20 May 1997, the Committee elected the following officers for a term of two years in accordance with rule 16 of its provisional rules of procedure:

Chairperson: Ms. Sandra Prunella Mason (Barbados)

Vice-Chairpersons: Mrs. Judith Karp (Israel)

Mr. Yury Kolosov (Russian Federation)

Mr. Ghassan Salim Rabah (Lebanon)

Rapporteur: Mrs. Nafsiah Mboi (Indonesia)

D. Adoption of the report

7. At its 453rd meeting, on 23 January 1998, the Committee considered the draft of its fourth biennial report, covering its activities at the twelfth to seventeenth sessions. The report was adopted unanimously by the Committee.

III. REPORTS BY STATES PARTIES UNDER ARTICLE 44

OF THE CONVENTION

A. Submission of reports

8. The status of submission of reports by States parties under article 44 of the Convention as at 23 January 1998, the closing date of the seventeenth session of the Committee, appears in annex III to the present report.

9. As at 23 January 1998 the Committee had received 113 initial reports and 8 periodic reports. A total of 82 reports had been examined by the Committee.

10. During the period under consideration, the Committee received from a number of States parties additional information submitted in accordance with the recommendations made by the Committee in its concluding observations, or transmitting information and views of States parties with respect to the observations made by the Committee (see CRC/C/54, para. 19, CRC/C/57, para. 19, CRC/C/62, paras. 18 and 19, CRC/C/66, paras. 22-25, CRC/C/69, paras. 19-21, and CRC/C/73, paras. 20-22).

B. Consideration of reports

11. During its twelfth to seventeenth sessions, the Committee considered the initial reports of Algeria, Australia, Azerbaijan, Bangladesh, Bulgaria, China, Cuba, Cyprus, the Czech Republic, Ethiopia, Ghana, Guatemala, Ireland, the Lao People's Democratic Republic, Lebanon, the Libyan Arab Jamahiriya, Mauritius, Micronesia (Federated States of), Morocco, Myanmar, Nepal, New Zealand, Nigeria, Panama, Paraguay, Slovenia, the Syrian Arab Republic, Trinidad and Tobago, Togo, Uganda, the United Kingdom of Great Britain and Northern Ireland: dependent territories (Hong Kong), Uruguay and Zimbabwe.

12. The following section, arranged on a country-by-country basis according to the sequence followed by the Committee in its consideration of reports at its twelfth to seventeenth sessions, contains concluding observations reflecting the main points of the discussion and indicating, where necessary, issues that would require a specific follow-up.

13. More detailed information is contained in the reports submitted by the States parties and in the summary records of the relevant meetings of the Committee.

1. Concluding observations: Lebanon

14. The Committee considered the initial report of Lebanon (CRC/C/8/Add.23) at its 289th to 291st meetings, on 20 and 21 May 1996 (CRC/C/SR.289-291), and at its 314th meeting, on 7 June 1996, adopted the following concluding observations.

(a) Introduction

15. The Committee notes with appreciation the submission of the initial report of Lebanon and the dialogue held with the State party. While the Committee expresses its appreciation for the supplemental written information provided by the delegation, it regrets that the State party did not submit written replies to the list of issues previously submitted by the Committee to the Government.

(b) Factors and difficulties impeding the implementation of

the Convention

16. The Committee notes the severe difficulties facing Lebanon as a result of almost 20 years of war and foreign intervention which has resulted in widespread destruction of its physical infrastructure and public works. The Committee also takes note of the difficulties caused by the fact that Lebanon has hosted a great number of refugees for several decades. The Committee also notes the insufficient international support for coping with the above-mentioned problems and facilitating an effective reconstruction of infrastructure and social services.

17. The Committee welcomes the establishment of the Higher Council for Childhood, administered by the Ministry of Social Affairs, which serves as an independent intermediary body between relevant government ministries and with non-governmental organizations to initiate and coordinate programmes and policies. The Committee also welcomes the decision of the Higher Council to undertake a study on the legal situation in Lebanon with respect to the Convention on the Rights of the Child, which it regards as a potentially important step in the development of a more comprehensive approach to the implementation of the Convention.

18. The Committee also welcomes the establishment of the Parliamentary Committee for the Protection of Childhood as well as the National Committee for the Disabled, both of which could be important in the endeavours to implement the principles and provisions of the Convention on the Rights of the Child.

19. The Committee notes with satisfaction the decision to establish a system for health inspections in schools and pre-school institutions.

20. The Committee welcomes the adoption in September 1995 of the National Plan of Action for Child Survival, Protection and Development, which focuses on programmes related to health and education.

21. The Committee welcomes the report from the delegation that the stigmatizing label of "illegitimate" will be abolished not only from identity cards but also from the birth registry and all other official documents.

22. The Committee welcomes the round tables and training courses, some of them in cooperation with the United Nations Children's Fund, to educate and train teachers, as well as plans to train police, social workers and other professionals about the rights of the child. The Committee notes with satisfaction the agreement entered into by the State party with the United Nations Development Programme to undertake a statistical overview of 7,000 families representing the different regions of Lebanon on relevant social matters such as education, illiteracy, unemployment and child labour. It further welcomes the planned study on the health of mothers and children, and looks forward to receiving a copy of the results from the two studies once they are completed.

(d) Principal subjects of concern

23. The Committee is concerned at the insufficient measures adopted to ensure a permanent and effective coordinating and monitoring mechanism to ensure implementation of the Convention on the Rights of the Child. The Committee also notes the insufficient measures to systematically gather reliable quantitative and qualitative data on all areas covered by the Convention and in relation to all groups of children, and to evaluate progress achieved and assess the impact of policies adopted on children, in particular in relation to education, health, juvenile justice and children with disabilities.

24. The Committee is concerned about the insufficient measures taken to ensure that the principles and provisions of the Convention are made widely known to children and adults.

25. As regards the implementation of article 4 of the Convention, the Committee notes with concern the inadequacy of measures taken to ensure the implementation of children's economic, social and cultural rights to the maximum extent of available resources. The Committee is also concerned that insufficient resources are allocated to human development projects and by the emerging gaps developing between those who can afford private education and medical care and those who cannot.

26. The Committee notes that despite the fact that the provisions of international treaties to which Lebanon is a party supersede domestic legislation, laws continue to exist which are inconsistent with the provisions of the Convention on the Rights of the Child and of other international treaties.

27. The Committee is also concerned that the basic principles of the Convention, in particular the provisions of articles 2, 3 and 12, have not been adequately reflected in legislation, policies and programmes.

28. The Committee is concerned about the apparent discrimination in the granting of nationality to a child of parents of mixed nationality; nationality may only be obtained by a child from her or his Lebanese father but not from the mother and, in the case of unmarried parents, only if the Lebanese father acknowledges the child.

29. The Committee is worried about the widespread practice of early marriage and the related consequence of high child mortality rates and the negative impact on the health of girls bearing children at an early age. It is also concerned about consanguineous marriage.

30. The Committee expresses its concern that the provision of social services appears to be concentrated in Beirut, to the disadvantage of the population living outside the capital. The Committee also notes the apparent shortage in the number of social workers.

31. The Committee notes the need for further reform in the school sector to improve the quality of education and prevent students from dropping out. Specific needs appear to exist in the fields of health education and, as recognized by the delegation, teaching about values and the environment.

32. The Committee notes the need for further reforms in the field of juvenile justice and treatment of young offenders to ensure full implementation of articles 37, 39 and 40 of the Convention. Problems appear to exist in relation to the low age of criminal responsibility, non-separation of children from adult detainees, the lack of available health and educational facilities for young detainees, the existence and length of pre-trial custody and the non-availability of legal assistance.

33. The Committee is concerned by reports about children working on the street or in domestic service, including children from other countries.

34. The Committee notes the need for special efforts to protect the rights of children in especially difficult circumstances, including abandoned and stateless children.

(e) Suggestions and recommendations

35. Though welcoming the establishment of the Higher Council for Childhood, the Committee recommends a review of the various central and local administrative structures in order to ensure the effective coordination of policies and programmes on matters of child rights and child welfare.

36. The Committee welcomes the initiative for a comprehensive review of legislation in the light of the principles and standards of the Convention on the Rights of the Child. In this regard, the Committee recommends that the minimum age of criminal responsibility, for marriage and for child labour be reviewed.

37. The Committee recommends that a permanent and multidisciplinary mechanism be developed for coordination and monitoring of the implementation of the Convention, at both national and local levels, in urban and rural areas. The Committee encourages the State party to give further consideration to the establishment of an ombudsperson for children or any equivalent independent complaint and monitoring mechanism. The Committee further encourages the promotion of closer cooperation for this purpose with Lebanese non-governmental organizations, to which it expresses its appreciation for the valuable work they perform in the field of the rights of the child.

38. The Committee recommends that further steps be taken by the State party to define child-related social indicators and to develop systematic means of gathering data on an ongoing basis to facilitate a comparison of progress with regard to child-related initiatives over a period of time.

39. The Committee recommends that the Government strengthen its efforts aimed at promoting advocacy and creating awareness and understanding of the principles and provisions of the Convention in the light of article 42. In the spirit of the United Nations Decade for Human Rights Education, the Committee further encourages the Government to give consideration to the incorporation of the rights of the child in school curricula. The Committee also suggests that the Government develop public campaigns with a view to addressing effectively the problem of persistent discriminatory attitudes, in particular towards girls.

40. The Committee recommends that further programmes be aimed at training personnel working with children, such as social workers, police, public health workers and legal and judicial officers.

41. The Committee encourages the Government to pursue its efforts to ensure full compliance of its national legislation with the principles and provisions of the Convention, including non-discrimination (art. 2), the best interests of the child (art. 3) and respect for the views of the child (art. 12). In the light of articles 2 and 3, the Committee strongly recommends that legislative measures be adopted with a view to ensuring respect for the rights of girls, especially in relation to preventing early marriage.

42. The Committee recommends that the State party strengthen the existing overall priority which is given in the national budget to child-related programmes in accordance with article 4 of the Convention.

43. Concerning the growing role of private educational and health institutions, the Committee recommends that a stronger emphasis be placed on public education and the social welfare system by the Government with a view to ensuring that all children subject to the jurisdiction of the State party enjoy these fundamental rights, as well as to prevent any risk of discrimination.

44. The Committee recommends the development of a more comprehensive social policy which would include the implementation of the National Plan of Action for Child Survival, Protection and Development. Such a policy would emphasize the importance of human development. The Committee recommends that further steps be taken towards decentralization of social services so as to afford children outside the capital open and easy access to basic social services and education.

45. The Committee welcomes the steps taken to reform the school system and to improve the quality of education, including a thorough review of the curricula. It recommends measures to fully realize the provisions of the Convention relating to free and compulsory primary education for all children.

46. In view of the principles contained in article 29, paragraph 1 (d), of the Convention, which stipulates that the education of the child shall be directed to "the preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin", the teaching of values is an important dimension that should be incorporated in the curricula at all levels of schooling. School curricula materials should be revised accordingly.

47. The Committee recommends that the ban on the commercial marketing of infant formula be implemented and that breastfeeding be promoted among mothers in health facilities. It further suggests that a health insurance card be issued for children whose parents are not entitled to social security benefits.

48. The Committee suggests that the State party undertake a comprehensive study to examine the implications of the principle of the "best interests of the child" in relation to laws and their implementation as well as to administrative practice in all relevant fields.

49. The Committee believes that opportunities for the cultural development of children are critical and recommends that measures be taken to give children access to child literature and media. The need for playgrounds and child-friendly parks should be considered in city planning.

50. The Committee welcomes the policy of not allowing corporal punishment in schools or other official institutions and recommends a thorough review of the problem of domestic violence, including the possibility of stricter legislation against all forms of abuse against children in the spirit of article 19 of the Convention, as well as supportive social measures to assist families in crisis.

51. The Committee suggests that further efforts should be undertaken to disseminate information about the risks of consanguineous marriages, including through the media and health education programmes.

52. The Committee suggests that special programmes be developed for children with disabilities in order to define social, psychological, physical and other needs, as well as to educate parents about ways of dealing with them. Further efforts are recommended to encourage schools to ensure the participation of these children in all activities.

53. The Committee suggests that the State party, in cooperation with the United Nations Relief and Works Agency for Palestine Refugees in the Near East, seek ways of addressing the socio-economic problems among Palestinian refugees that affect children negatively.

54. The Committee recommends that the State party consider ratifying the 1951 Convention relating to the Status of Refugees and its 1967 Protocol.

55. The Committee recommends that the State party give careful consideration to placing greater emphasis on psycho-social recovery and reintegration of "passive victims" of violence and the armed conflict in Lebanon.

56. The Committee recommends that in the light of article 32 of the Convention on the Rights of the Child, further steps be taken to protect children from hazardous work, including through the adoption of stricter legislation, ratification of all relevant International Labour Organization conventions and the appointment of a sufficient number of child labour inspectors.

57. The Committee recommends that the State party envisage undertaking a comprehensive reform of the juvenile justice system in the spirit of the Convention, in particular articles 37, 39 and 40, and relevant United Nations standards in this field such as the "Beijing Rules", the "Riyadh Guidelines" and the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty. Particular attention should be given to the consideration of deprivation of liberty only as a measure of last resort and for the shortest period of time, to the protection of the rights of children deprived of liberty, to due process of law, and to the full independence and impartiality of the judiciary. Training programmes on the relevant international standards should be organized for all those professionals involved with the system of juvenile justice. The Committee would like to suggest that the Government of Lebanon consider seeking international assistance in the area of the administration of juvenile justice from the Centre for Human Rights and the Crime Prevention and Criminal Justice Division of the United Nations Office at Vienna.

58. The Committee recommends that relevant international agencies and institutions, as well as other Governments, develop cooperation with Lebanese authorities and voluntary organizations in the reconstruction effort after the many years of war devastation. Displaced persons and refugees should be given priority in such international cooperation.

59. The Committee recommends that the report submitted by the State party, the summary records of its consideration and the concluding observations of the Committee be disseminated as widely as possible within the country.

2. Concluding observations: Zimbabwe

60. The Committee considered the initial report of Zimbabwe (CRC/C/3/Add.35) at its 293rd to 295th meetings, on 22 and 23 May 1996 (CRC/C/SR.293-295), and at its 314th meeting, on 7 June 1996, adopted the following concluding observations.

(a) Introduction

61. The Committee expresses its appreciation to the State party for engaging, through a high-level and multidisciplinary delegation, in an open and fruitful dialogue with the Committee. While noting the self-critical approach of the report of the State party, the Committee regrets that the information provided therein did not follow the Committee's guidelines.

(b) Positive aspects

62. The Committee notes with appreciation the steps taken by the Government to promote tolerance and democracy in society, including through constitutional provisions. In this regard, it welcomes the recent amendment No. 14 to the Constitution, which prohibits discrimination on the ground of gender. It further notes steps taken to create awareness of children's rights as well as to encourage children's participation, including by organizing a children's parliament and promoting youth councils and child mayors.

63. The Committee notes the establishment of the Inter-Ministerial Committee on Human Rights and International Law to coordinate activities of relevant government ministries and departments to implement the Convention. The Committee welcomes the decision of the Government to submit a yearly report to the Cabinet and Parliament on measures taken to implement the rights set forth in the Convention.

64. The Committee is encouraged by the combined efforts of the Government and non-governmental organizations to promote children's rights.

65. The Committee notes with appreciation the establishment in 1982 of the Office of the Ombudsman and welcomes the decision to broaden its mandate to include the investigation of alleged violations of children's rights by members of the defence forces, the police and correctional officials.

66. The Committee welcomes the measures taken by the Government to improve living conditions and alleviate poverty, including through the expansion of the income-generating capacity of people in the rural areas.

67. The Committee welcomes the intention of the Government to incorporate the Convention into school curricula. It further welcomes the attention paid by the Government to "Let's all talk about it", the campaign against the acquired immunodeficiency syndrome (AIDS) being undertaken in the educational system.

68. The Committee also welcomes the "victim-friendly courts" initiative aimed at providing special counselling for the rehabilitation of victims of child sexual abuse.

the Convention

69. The Committee notes that Zimbabwe, prior to 1980, had a non-democratic regime where legislation and policies adopted and implemented by the authorities led to racial segregation and discrimination in society. The continuing effects of that situation, together with the burden of external debt faced by the State party and the recent drought, have hampered the implementation of the Convention.

(d) Principal subjects of concern

70. The Committee is concerned that the State party has not yet undertaken a comprehensive legal reform with a view to ensuring that the national legislation fully conforms to the Convention. It notes that the existence of a dual system of common law and customary law creates additional difficulties in implementing the Convention and impedes effective monitoring of its enforcement.

71. The Committee notes with concern that the legislative measures taken to prevent and eliminate any form of discrimination in the light of article 2 of the Convention are insufficient. It notes in this regard that, according to section 23 of the Constitution, the principle of non-discrimination does not apply to private professionals or institutions; the same provision allows for derogations in important areas such as adoption, marriage, divorce and other matters of personal law and prevents, inter alia, girls from having inheritance rights. In addition, it allows for discrimination on the basis of race in relation to the minimum age for marriage, inheritance and children born out of wedlock. The Committee further notes in this regard the different minimum ages for marriage for girls and boys in the legislation.

72. The Committee notes with concern the persistence of behavioural attitudes in the society as well as cultural and religious practices which, as recognized by the State party, hamper the implementation of children's rights. Mention can be made in this regard of the difficulties in ensuring birth registration in remote areas of abandoned and refugee children, as well as of the situation of female victims of practices such as ngozi (girl child pledging), lobola (bride price) and early marriage, and of disabled children.

73. The Committee notes with concern the lack of an effective mechanism to ensure systematic implementation of the Convention and the monitoring of progress achieved. Insufficient measures have been taken to gather reliable quantitative and qualitative data in all areas covered by the Convention and in relation to all groups of children, particularly those belonging to the most disadvantaged groups.

74. The Committee is concerned that insufficient attention has been paid to the provisions of article 4 of the Convention and notes the persistence of economic and social disparities in the enjoyment of the rights recognized by the Convention, particularly in relation to children living in rural areas, children on commercial farms and children living in poverty in urban areas. It notes in this regard that, as recognized by the State party, the introduction of fees for health care and education, as well as the inadequate social assistance system, have negatively affected the accessibility of such services to lower income groups.

75. The Committee further notes that insufficient attention has been paid to the principle of the best interests of the child both in legislation and in practice, as well as to the respect for the views of the child in school, society and family life. In this regard, it is noted that, as recognized by the State party, the civil rights and freedoms of the child are to be exercised subject to parental consent or discipline, thus raising doubts as to the compatibility of this practice with the Convention, notably articles 5 and 12.

76. The Committee is concerned at the number of orphans and abandoned children as well as at the increase in child-headed families as a result, inter alia, of the high incidence of AIDS, at the inadequate measures taken to ensure the realization of their fundamental rights and at the lack of alternatives to their institutionalization.

77. The Committee expresses its concern at the acceptance in the legislation of the use of corporal punishment in school, as well as within the family. It stresses the incompatibility of corporal punishment, as well as any other form of violence, injury, neglect, abuse or degrading treatment, with the provisions of the Convention, in particular articles 19, 28, paragraph 2, and 37.

78. The Committee is concerned that primary education is neither free nor compulsory. Moreover, it expresses its concern at the lack of learning and teaching facilities, as well as at the shortage of trained teachers in rural areas and in particular on commercial farms. It shares the concern expressed by the Government at the low quality of education. The cost to families of secondary education is leading to an increasing drop-out rate for girls, particularly in rural areas. The Committee notes with concern the growing disparity within the education system, owing to the parallel systems of private and public schools, which results ultimately in racial segregation at school on the basis of the economic status of parents.

79. With regard to child exploitation, the Committee is concerned at the persistence of situations of child labour, including in agriculture, domestic service and on commercial farms. It notes with particular concern the lack of a legal prohibition of child labour.

80. The Committee is concerned at the present system of juvenile justice, including the lack of a clear legal prohibition of capital punishment, life imprisonment without the possibility of release and indeterminate sentencing, as well as at the recourse to whipping as a disciplinary measure for boys.

(e) Suggestions and recommendations

81. The Committee recommends that the State party undertake a comprehensive review of the national legal framework, with a view to ensuring its full compatibility with the principles and provisions of the Convention. Particular attention should be paid to ensuring effective implementation of the principle of non-discrimination, including by revising relevant constitutional provisions, as well as other legislative texts reflecting any kind of discrimination such as on the basis of gender, race, birth or marital status.

82. The Committee emphasizes the importance of developing an effective and permanent system of monitoring the implementation of the Convention based on close cooperation between all the relevant government ministries and departments at the national and local levels, and encourages the State party to pursue its efforts with a view to institutionalizing collaboration with non-governmental organizations.

83. The Committee suggests that the system of data collection be improved and appropriate disaggregated indicators identified with a view to assessing the progress achieved in all areas covered by the Convention in all parts of the country and in relation to all groups of children.

84. The Committee encourages the Government to pursue its efforts aimed at broadening the mandate of the ombudsperson with a view to ensuring that violations of children's rights are duly investigated, including when committed by members of the defence forces, law-enforcement and correctional officials, and as a means to supervise the situation of children placed in institutions and detention centres.

85. The Committee encourages the Government to adopt adequate measures to prevent and eliminate prevailing social attitudes and cultural and religious practices hampering the realization of children's rights. Systematic information and awareness campaigns should be launched to create a deeper understanding of the Convention and of the need to respect and protect children's rights. Similarly, training activities should be developed for professional groups working with and for children, including teachers, law-enforcement and correctional officials, members of defence forces, judges, social workers and health personnel. The Committee further encourages the State party to pursue the steps undertaken to include the Convention in school curricula and to give consideration to reflecting it in the training curricula.

86. The Committee encourages the State party to adopt all appropriate measures to ensure the birth registration of all children, including those born in rural areas and on commercial farms, and encourages efforts designed to establish registration units at schools and clinics.

87. The Committee recommends that the State party pay particular attention to the implementation of article 4 of the Convention and undertake all appropriate measures, to the extent possible with available resources, for the realization of the economic, social and cultural rights of children. Special attention should be paid to the situation of the most disadvantaged groups of children, including those living in rural areas, poor urban areas and on commercial farms, as well as orphans or abandoned children, and measures should be adopted with a view to providing adequate safety nets for such children and protecting them against the adverse effects of reductions in budgetary allocations and of the introduction of fees in health and education services.

88. The Committee recommends that the State party take the principle of the best interests of the child as a primary consideration in all actions concerning children, including those undertaken by courts, public or private welfare institutions, administrative authorities or legislative bodies. The Committee encourages the State party to adopt appropriate measures to assist parents in the performance of their child-rearing responsibilities. The Committee further encourages the State party to consider appropriate alternatives to institutionalization for children deprived of a family environment, as well as special protection and assistance for child-headed families. The Committee encourages the State party to consider ratifying the Hague Convention for the Protection of Children and Cooperation in respect of Inter-Country Adoption of 1993.

89. Appropriate measures should also be adopted by the State party with a view to ensuring respect for the views of the child in family, school and social life and to promoting the exercise of the rights of the child in a manner consistent with his or her evolving capacities.

90. The Committee recommends that the State party adopt appropriate legislative measures to forbid the use of any form of corporal punishment within the family and in school.

91. Similar measures should be adopted to prohibit child labour below a minimum age in the light of article 32 of the Convention. In this regard, the Committee encourages the State party to consider the recommendations made by the International Labour Organization in its mission statement of 1993 and, in particular, to prohibit the employment of young persons below 18 years of age in hazardous activities, as well as to make education free and compulsory up to age 15. In this connection, the Committee encourages the State party to consider seeking assistance from the International Labour Organization.

92. In the field of juvenile justice, the Committee recommends that the State party raise the minimum age of criminal responsibility and incorporate in the legislation a clear prohibition of capital punishment, life imprisonment without the possibility of release and indeterminate sentencing, as well as of the use of whipping as a disciplinary measure.

93. The Committee further recommends that the report submitted by the State party, along with the relevant summary records and the concluding observations thereon, be disseminated as widely as possible to the public. The Committee would also like to suggest that these documents be brought to the attention of Parliament as a means of ensuring a follow-up to suggestions and recommendations made by the Committee.