UNITED NATIONS		CRC
	Convention on the Rights of the Child	Distr. GENERAL   CRC/C/100 14 November 2000   Original:  ENGLISH

COMMITTEE ON THE RIGHTS OF THE CHILD

Twenty-fifth session

18 September-6 October 2000

Report on the twenty-fifth session

(Geneva, 18 September-6 October 2000)

CONTENTS

Chapter                                                                                                            Paragraphs       Page

       I.     ORGANIZATIONAL AND OTHER MATTERS .................................           1 - 14              4

              A.      States parties to the Convention ....................................................           1 - 3                4

              B.      Opening and duration of the session ................................................             4                   4

              C.      Membership and attendance .........................................................           5 - 8                4

              D.      Agenda ..........................................................................................             9                   5

              E.      Pre-sessional working group .......................................................         10 - 12              6

              F.      Organization of work ......................................................................             13                 6

              G.      Future regular meetings ...................................................................             14                 6

GE.00-45768  (E)

CONTENTS (continued)

Chapter                                                                                                                        Paragraphs       Page

      II.     REPORTS BY STATES PARTIES UNDER ARTICLE 44 OF

              THE CONVENTION .........................................................................         15 - 651            7

              A.      Submission of reports .................................................................         15 - 24              7

              B.      Consideration of reports .............................................................         25 - 651            8

              Concluding observations:  Finland .........................................................         25 - 85              8

              Concluding observations:  Burundi ........................................................         86 - 164          17

              Concluding observations:  United Kingdom of

              Great Britain and Northern Ireland - Isle of Man .................................       165 - 208          31

              Concluding observations:  United Kingdom of

              Great Britain and Northern Ireland - Overseas Territories ...................       209 - 267          40

              Concluding observations:  Tajikistan ...................................................       268 - 322          53

              Concluding observations:  Colombia ...................................................       323 - 397          64

              Concluding observations:  Central African Republic ............................       398 - 483          77

              Concluding observations:  Marshall Islands .........................................       484 - 543          89

              Concluding observations:  Slovakia .....................................................       544 - 597        100

              Concluding observations:  the Comoros ..............................................       598 - 651        110

     III.     INTER-SESSIONAL ACTIVITIES OF THE

              COMMITTEE ..................................................................................       652 - 659        120

     IV.     COOPERATION WITH UNITED NATIONS AND

              OTHER COMPETENT BODIES .....................................................       660 - 665        122

      V.     THEMATIC DISCUSSION DAY ....................................................       666 - 688        123

     VI.     GENERAL COMMENTS ......................................................................             689           137

   VII.     DRAFT PROVISIONAL AGENDA FOR THE

              TWENTY-SIXTH SESSION .................................................................             690           138

  VIII.     ADOPTION OF THE REPORT .............................................................             691           139

CONTENTS (continued)

Annexes

                                                                                                                                                            Page

       I.     States which have ratified or acceded to the Convention on the Rights

              of the Child as at 6 October 2000 .............................................................................         140

      II.     States which have signed or ratified the Optional Protocol to the

              Convention on the Rights of the Child on the involvement of
              children in armed conflict as at 6 October 2000 .........................................................         147

     III.     States which have signed or ratified the Optional Protocol to the

              Convention on the Rights of the Child on the sale of children,

              child prostitution and child pornography as at 6 October 2000 ...................................         150

     IV.     Membership of the Committee on the Rights of the Child ............................................         152

      V.     Status of submission of reports by States parties under article 44 of the

              Convention on the Rights of the Child as at 6 October 2000 .......................................         153

     VI.     List of initial and second periodic reports considered by the Committee

              on the Rights of the Child as at 6 October 2000..........................................................         172

   VII.     Provisional list of reports scheduled for consideration at the

              Committee's twenty-sixth and twenty-seventh sessions ...............................................         179

  VIII.     List of submitted documents for the day of general discussion

              (22 September 2000) on "State violence against children" ..........................................         180

     IX.     List of documents issued for the twenty-fifth session of the Committee ........................         182

I.  ORGANIZATIONAL AND OTHER MATTERS

A.  States parties to the Convention

1.         As at 6 October 2000, the closing date of the twenty-fifth 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.

2.         As at 6 October 2000 the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict had been ratified by 3 States parties and signed by 70 States.  As at the same date, the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography had been ratified by 1 State party and signed by 64 States.  The two Optional Protocols to the Convention were adopted by the General Assembly in resolution 54/263 of 25 May 2000 and opened for signature and ratification or accession in New York on 5 June 2000.  A list of States that have signed, ratified or acceded to the two Optional Protocols to the Convention are contained in annexes II and III to the present report.

3.         The texts of the declarations, reservations or objections made by States parties with respect to the Convention are reproduced in document CRC/C.2/Rev.8.

B.  Opening and duration of the session

4.         The Committee on the Rights of the Child held its twenty-fifth session at the United Nations Office at Geneva from 18 September to 9 October 2000.  The Committee held 28 meetings (642nd-669th).  An account of the Committee's deliberations at its twenty‑fifth session is contained in the relevant summary records (CRC/C/SR.643-650, 653‑661, 663-666 and 669).

C.  Membership and attendance

5.         All the members of the Committee attended the twenty-fifth session.  A list of the members, together with an indication of the duration of their terms of office, is provided in annex IV to the present report.  Mrs. Amina Hamza El Guindi, Mrs. Marilia Sardenberg and Mr. Paolo Fulci were not able to attend the session in its entirety.

6.         The following United Nations bodies were represented at the session:  United Nations Children's Fund (UNICEF), Office of the United Nations High Commissioner for Refugees (UNHCR), Office of the United Nations High Commissioner for Human Rights (OHCHR).

7.         The following specialized agencies were also represented at the session:  International Labour Organization (ILO), World Health Organization (WHO).

8.         Representatives of the following non-governmental organizations were also in attendance at the session:

General consultative status

            International Council of Women, International Movement ATD Fourth World,

            Zonta International.

Special consultative status

Amnesty International, Coalition against Trafficking in Women, Defence for Children International, Franciscans International, Human Rights Internet, International Baby Food Network (IFBAN), International Commission of Jurists, International Confederation of Free Trade Unions, International Confederation of Social Workers, International Federation of Women in Legal Careers, International Federation Terre des Hommes, International Service for Human Rights, NGO Working Group for Nutrition, Radda Barnen, World Federation of Methodist and Uniting Church Women, World Organization against Torture.

Others

Federation for the Protection of Children's Human Rights, Humanitarian Law Project, Corporación Opción (Chile), EPOCH-Worldwide, National Education Association (USA), United Families International.

D.  Agenda

9.         At the 642nd meeting, on 18 September 2000, the Committee adopted the following agenda on the basis of the provisional agenda (CRC/C/98):

1.         Adoption of the agenda.

2.         Organizational matters.

3.         Submission of reports by States parties.

4.         Consideration of reports of States parties.

5.         General discussion on "State violence against children"

6.         Cooperation with other United Nations bodies, specialized agencies and other

            competent bodies.

7.         Methods of work of the Committee.

8.         General comments.

9.         Future meetings.

10.       Other matters.

E.  Pre-sessional working group

10.       In accordance with a decision of the Committee at its first session, a pre-sessional working group met in Geneva from 5 to 9 June 2000.  All the members except Mrs. Sardenberg participated in the working group.  Representatives of UNICEF, UNHCR, OHCHR, ILO and WHO also participated.  A representative of the NGO Group for the Convention of the Rights of the Child, as well as representatives from various national and international non-governmental organizations, also attended.

11.       The purpose of the pre-sessional working group is to facilitate the Committee's work under articles 44 and 45 of the Convention, primarily by reviewing State party reports and identifying in advance the main questions that would need to be discussed with the representatives of the reporting States.  It also provides an opportunity to consider questions relating to technical assistance and international cooperation.

12.       Members of the Committee elected Esther Margaret Queen Mokhuane to chair the pre‑sessional working group.  The group held eight meetings, at which it examined lists of issues put before it by members of the Committee relating to the initial reports of seven countries (Burundi, Central African Republic, Comoros, Marshall Islands, Tajikistan and United Kingdom of Great Britain and Northern Ireland-Isle of Man and Overseas Territories) and the second periodic reports of two countries (Colombia and Finland).  The lists of issues were transmitted to the Permanent Missions of the States concerned with a note requesting written answers to the issues raised in the list, if possible before 23 August 2000.

F.  Organization of work

13.       The Committee considered the organization of work at its 642nd meeting, on 18 September 2000.  The Committee had before it the draft programme of work for the twenty‑fifth session, prepared by the Secretary-General in consultation with the Chairperson of the Committee, and the report of the Committee on its twenty-fourth session (CRC/C/97).

G.  Future regular meetings

14.       The Committee noted that its twenty-sixth session would take place 8 to 26 January 2001 and that its pre-sessional working group for the twenty-seventh session would meet from 29 January to 2 February 2001.

II.  REPORTS BY STATES PARTIES UNDER ARTICLE 44

                                 OF THE CONVENTION

A.  Submission of reports

15.       The Committee had before it the following documents:

            (a)        Notes by the Secretary-General on initial reports by States parties due in 1992 (CRC/C/3), 1993, (CRC/C/8/Rev.3), 1994 (CRC/C/11/Rev.3), 1995 (CRC/C/28), 1996 (CRC/C/41), 1997 (CRC/C/51), 1998 (CRC/C/61) and 1999 (CRC/C/78); and on periodic reports of States parties due in 1997 (CRC/C/65), 1998 (CRC/C/70), 1999 (CRC/C/83) and 2000 (CRC/C/93);

                (b)        Note by the Secretary-General on the States parties to the Convention and the status of submission of reports (CRC/C/99);

            (c)        Note by the Secretary-General on the follow-up to the consideration of initial reports by States parties to the Convention (CRC/C/27/Rev.11);

            (d)        Note by the Secretary-General on areas in which the need for technical advice and advisory services has been identified in the light of the observations adopted by the Committee (CRC/C/40/Rev.16).

16.       The Committee was informed that, in addition to the 10 reports that were scheduled for consideration by the Committee at its current session and those which had been received prior to the Committee's twenty-third session (see CRC/C/97, para. 15), the Secretary‑General had received the initial reports of Gabon (CRC/C/41/Add.10), United Arab Emirates (CRC/C/78/Add.2), Mozambique (CRC/C/41/Add.11), Andorra (CRC/C/61/Add.3), Malawi (CRC/C/8/Add.43) and Bahrain (CRC/C/11/Add.24) and the second periodic reports of the Libyan Arab Jamahiriya (CRC/C/93/Add.1), the Syrian Arab Republic (CRC/C/93/Add.2), Cyprus (CRC/C/70/Add.16) and Sri Lanka (CRC/C/70/Add.17).

17.       As at 6 October 2000, the Committee had received 153 initial and 43 periodic reports.  A total of 137 reports (124 initial and 13 second periodic) have been examined by the Committee.  A list of initial and second periodic reports considered by the Committee as of 6 October 2000 is contained in annex VI.

18.       A provisional list of initial and second period reports scheduled for consideration at the Committee's twenty-fifth and twenty-sixth sessions, is contained in annex VII.

19.       In a letter dated 20 June 2000, the Permanent Mission of Malta to the United Nations Office at Geneva transmitted comments relating to the recommendations adopted by the Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.129) on the initial report of Malta (CRC/C/3/Add.56).

20.       In a letter dated 3 October 2000 addressed to the Chairperson of the Committee on the Rights of the Child, the Secretary-General of the Arab League drew the attention of the Committee and the international community to the violence in the occupied territories and Israel and its effect on children.

21.       At its twenty-fifth session, the Committee examined initial and periodic reports submitted by nine States parties under article 44 of the Convention.  It devoted 18 of its 28 meetings to the consideration of reports (see CRC/C/SR.643-648, 653-660 and 663-666).

22.       The following reports, listed in the order in which they were received by the Secretary‑General, were before the Committee at its twenty-fifth session:  Marshall Islands (CRC/C/28/Add.12), Burundi (CRC/C/3/Add.58), Comoros (CRC/C/28/Add.13), Slovakia (CRC/C/11/Add.17), Tajikistan (CRC/C/28/Add.14), Central African Republic (CRC/C/11/Add.18), United Kingdom of Great Britain and Northern Ireland-Overseas Territories (CRC/C/41/Add.7 and 9), United Kingdom of Great Britain and Northern Ireland-Isle of Man (CRC/C/11/Add.19 and Corr.1), Finland (CRC/C/70/Add.3) and Colombia (CRC/C/70/Add.5).

23.       In accordance with rule 68 of the provisional rules of procedure of the Committee, representatives of all the reporting States were invited to attend the meetings of the Committee at which their reports were examined.

24.       The following sections, arranged on a country-by-country basis according to the sequence followed by the Committee in its consideration of the reports, contain concluding observations reflecting the main points of discussion and indicating, where necessary, issues that require specific follow-up.  More detailed information is contained in the report submitted by the States parties and in the summary records of the relevant meetings of the Committee.

B.  Consideration of reports

CONCLUDING OBSERVATIONS OF THE COMMITTEE ON THE

RIGHTS OF THE CHILD:  FINLAND

25.       The Committee considered the second periodic report of Finland (CRC/C/70/Add.3), submitted on 18 November 1998, in its 643rd and 644th meetings (see CRC/C/SR.643 and 644), held on 19 September 2000, and adopted* the following concluding observations.

A.  Introduction

26.       The Committee welcomes the timely submission of the State party's second periodic report, the additional information provided and the written answers to the list of issues (CRC/C/Q/FIN/2) submitted by the State party.   The Committee notes with appreciation the constructive efforts made by the delegation to provide additional information in the course of the dialogue.

B.  Follow-up measures undertaken and progress achieved by the State party

27.       The Committee commends the State party for its overall progress in implementing the Convention on the Rights of the Child and reiterates its satisfaction at the comprehensive social security system and the wide range of welfare services for the benefit of children and their parents, in particular free health care, free education, extended maternity leave, parental leave for both the mother and father, and an extensive day-care system (see CRC/C/15/Add.53, para. 3).  It also welcomes the efforts of the State party to reduce the impact on children of the economic recession of the first half of the 1990s and the fact that the basis for determining the welfare of children has been maintained.

28.       The Committee welcomes the recent adoption of new laws, as well amendments to domestic legislation to bring it into conformity with the principles and provisions of the Convention.  It takes note in particular of the government law on criminalization of the purchase of sexual services from minors and possession of child pornographic material, and the amendment to the Penal Code regarding sex tourism which criminalizes offences of sexual abuse committed abroad by Finnish citizens, as recommended in the Committee's previous concluding observations (see CRC/C/15/Add.53, para. 29); the revised Alien's Code of 1999 which aims at facilitating family reunification; and the law promoting the integration of immigrants into society and establishing procedures for receiving asylum-seekers.  The Committee also welcomes the fact that the Ministry of Social Affairs and Health has prepared a national programme to prevent the commercial sexual exploitation of children.

29.       The Committee welcomes the establishment in 1998 of an Assistant Parliamentary Ombudsperson on child issues with the task of supervising the implementation of the rights of children within the country. 

30.       The Committee notes with appreciation that in 1997 the Government issued policy guidelines for promoting tolerance and combating racism.  It also takes note of the activities promoting the health and welfare of ethnic minorities within the Government's national programme for the organization of social welfare and health-care services for 1998-2001, that immigrant children enjoy equal access to education and that measures have been taken to facilitate teaching in the immigrants' own languages.

31.       The Committee welcomes the national equalization system for child welfare, which improves children's access to appropriate services when needed, irrespective of the economic situation of the municipality.  It also notes with appreciation that the Association of Finnish Local and Regional Authorities adopted in January 2000 a programme on child policy with the aim of promoting the implementation of the Convention on the Rights of the Child in the municipalities.  In addition, it takes note with satisfaction of the action programme for social welfare and health, which takes into consideration, inter alia, the issue of mental problems affecting children and young people.

32.       The Committee commends Finland for being one of the first countries to ratify ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour and that it is one of the major donors to the ILO International Programme for the Elimination of Child Labour (IPEC).

33.       The Committee welcomes Finland's signature of the two Optional Protocols to the Convention on the Rights of the Child on 7 September 2000 during the Millennium Summit Treaty Event held at United Nations Headquarters and takes note of the fact that the State party is taking measures in order to ratify the Optimal Protocols in the spring of 2001.

C.  Factors and difficulties impeding further progress

34.       The delegation of responsibilities to local and regional authorities may enhance the involvement of local communities but, at the same time, it seems to hamper the full and equal implementation of the principles and provisions of the Convention owing to local and regional differences in its interpretation, its application and budgetary allocations.

D.  Principal subjects of concern

1.  General measures of implementation

Coordination

35.       The Committee remains concerned at the absence of a focal point for children within the Government and of mechanisms, both at the central and local levels, for coordinating visionary policies relating to children and for monitoring the implementation of the Convention (see CRC/C/15/Add.53, para. 11).

36.       The Committee encourages the State party to consider taking further steps to establish a focal point for children within the Government and coordination mechanisms between the various ministries, as well as between central and local authorities, in order to establish a better coordinated policy and action for the realization of children's rights.

Implementation at local level

37.       The Committee notes that, owing to the extensive decentralization of decision-making, administration and delivery of services in the State party, there is a significant delegation of powers from the central level to the municipalities.  However, not all the municipalities provide the same level of social policies and services for the most vulnerable groups in society, in particular poor families, single-parent families, and disabled, refugee and minority children.

38.       The Committee recommends that the State party undertake an evaluation of the implementation of all aspects of the Convention by municipal authorities and that every effort be made to ensure that the Convention is effectively implemented at

            municipal level.  It also reiterates its recommendation to establish an integrated monitoring system or mechanism to ensure that children in all municipalities benefit to the same extent from basic social services (see CRC/C/15/Add.53, para. 23).

Budgetary allocations

39.       The Committee is concerned that the extent and standard of welfare services provided by local authorities to low-income families or families with children with disabilities is unequal in the various municipalities across the country, partly as a result of significant differences in the financial resources available to the municipal authorities, in the priorities set by those authorities

and in the systems used to assess needs and grant assistance.  These disparities have the effect of providing either unequal access to or different levels of welfare assistance to children, particularly those with disabilities, depending on where in the country they reside.

40.       The Committee urges the State party to consider ways to guarantee all children equal access to the same standard of services, irrespective of where they live, for example by establishing nationwide minimum standards and allocations of resources for the implementation of the Convention's provisions, in particular in the areas of health, education and other social welfare services, and in conformity with article 2.

Data collection

41.       While acknowledging new initiatives in the compilation of statistics, such as the 1998 report on child statistics in Finland and a special report in 2000 on the living conditions of children which in an innovative way examines Finnish society from the child's point of view, the Committee notes that a regular and large-scale collection and analysis of data and indicators on children's issues needs to be further developed in order to assess the extent to which the Convention has been implemented, in particular at the local level.

42.       The Committee recommends that the State party continue developing a comprehensive system of data collection consistent with the Convention.  This  system should cover all children up to the age of 18 years, with specific emphasis on those who are particularly vulnerable, including child victims of abuse or ill‑treatment; children with disabilities; children from low-income families; children in conflict with the law; and immigrant and minority children.  It further encourages the State party to use indicators and data in the formulation of policies and programmes for the effective implementation and monitoring of the Convention.

Ombudsperson

43.       Although an Assistant Parliamentary Ombudsman has been appointed to supervise the implementation of children's rights, the Committee takes note that discussions on the establishment of a national ombudsperson continue and that the State party shall make final decisions in that regard based on the experience with the Assistant Parliamentary Ombudsman.

44.       The Committee invites the State party to seriously consider the establishment of an independent national ombudsperson for children, taking into account the positive experiences in other Nordic countries, and not to let purely financial considerations determine the decision.

Dissemination of the principles and provisions of the Convention

45.       While noting  the efforts of the State party in disseminating information about the Convention, including the publication in the Sami language of the text of the Convention, the

Committee expresses its concern that the principles and provisions of the Convention are not disseminated at all levels of society.  In addition, the Committee notes that the training and retraining of professionals working with and for children is not systematic.

46.       The Committee recommends that the State party develop more creative methods to promote the Convention, including through visual aids such as picture books and posters, and that it incorporate the Convention in the school curriculum.  It further encourages the State party to consider translating the Convention into the Roma language and into other minority languages and making the Convention available in the languages of the main immigrant groups.  The Committee also recommends further systematic training and/or sensitization of professional groups working with and for children, such as judges, lawyers, law enforcement personnel, teachers, school administrators and health personnel, with a particular focus on municipal board members and authorities.

2.  General principles

General principles

47.       The Committee notes that the State party has made efforts to include the principles of the best interests of the child and the right of the child to be heard in recent revisions to legislation, such as the Act on the status and rights of persons using social welfare services.

48.       The Committee invites the State party to continue to take all necessary measures to better reflect in its legislation and its policies the general principles of the Convention, in particular non-discrimination (art. 2), the best interests of the child (art. 3), the right to development (art. 6) and respect for the views of the child (art. 12).

Best interests of the child

49.       While acknowledging the State party's significant efforts to respect the principle of best interests of the child, the Committee is concerned that municipal authorities in particular do not always take this principle into full consideration and, further, that the best interests of unaccompanied child asylum-seekers and refugees are not always a primary consideration.

50.       In light of article 3 of the Convention, the Committee recommends that the State party consider the full implications of the principle of best interests in the context of the above situations and that further efforts be made to ensure that this principle is a primary consideration in all decisions affecting children.

Right to development

51.       With regard to article 6 of the Convention, the Committee notes that in the State party's report there is no explicit reference to the State party's implementation of the right to development.

52.       The Committee encourages the State party to review its plans of action, strategies, policies and programmes from the perspective of the right of each child to physical, mental, spiritual, moral, psychological and social development.

The right of the child to be heard

53.       The Committee expresses its concern that the views of children, in particular those below 12 years of age, are not always taken into full consideration, especially in child custody cases and access disputes taken to court.

54.       The Committee recommends that the State party make sure that the views of children under 12 years of age who are affected by a judicial proceeding are always heard, if they are considered to be mature enough, and that this takes place in a child-friendly environment.  It also recommends that the State party undertake a regular review of the extent to which children's views are taken into consideration and of their impact on policy‑making and court decisions, programme implementation and on children themselves.

3.  Civil rights and freedoms

Child participation

55.       While acknowledging the participation of studentsat the upper secondary level, the Committee is concerned that not enough attention is paid to the participation of children in, inter alia, education at the primary and lower secondary level.

56.       Noting the activities of the Government related to the participatory rights of children in education at those levels, the Committee encourages the State party to take effective measures to enhance children's participation in, inter alia, educational activities concerning them.

4.  Family environment and alternative care

Separation from parents

57.       The Committee expresses serious concern about the considerable decrease in the net income of families with children caused by both high unemployment rates and budgetary measures that negatively affect child-related allowances.

58.       The Committee, taking into account recent improvements in the economy of the State party, strongly recommends that the State party allocate more funds to families with children and develop effective measures to provide those families with appropriate support in order to avoid, among other things, the placement of children in foster care or institutions.

59.       The Committee notes with concern the increasing number of children placed outside their families in recent years.

60.       The Committee recommends that the State party take all necessary measures to  ensure that children are placed outside their family only when it is evidently in the best interests of the children and for the shortest period possible.

Family reunification

61.       While noting the Act on the Integration of Immigrants and Reception of Asylum-seekers of 1999 which introduces some reforms in the way unaccompanied children seeking asylum are received, the Committee is concerned at the fact that the process of family reunification is still very long and that this could have a negative impact on the children involved.

62.       The Committee encourages the State party to examine the reasons for the delays in the procedures for processing asylum applications and for the settlement of children, with a view to shortening them.  

Abuse and neglect

63.       Although the State party was the second State in the world to prohibit all corporal punishment of children in the family in its Child Custody and Rights of Access Act of 1983, the Committee is concerned at the number of cases of violence against children, including sexual abuse in their homes.  It also regrets the lack of information on this phenomenon.

64.       The Committee recommends that the State party consider taking additional measures to prevent and, where this has not been possible, to identify in a timely manner instances of violence against children within families, to intervene at an early stage, and to develop child‑friendly programmes and services for prevention, treatment and rehabilitation with personnel specially trained to work with children.

5.  Basic health and welfare

Children with chronic illnesses

65.       The Committee notes with concern that families with chronically ill children do not always have enough support, both at the personnel and the financial level.

66.       Recognizing the State party's efforts to ensure the rights of children with disabilities, the Committee recommends that the State party continue its efforts to provide equal support and assistance to all families with chronically ill children including the help of specialized staff.

Children in hospital

67.       The Committee is concerned at the fact that a number of children's wards have been closed or are threatened with closure because of cost-saving measures and that children are cared for in adult wards, sometimes even in the same room as adults.

68.       The Committee, noting the recent appeal to the regional authorities to monitor the situation, recommends that the State party take effective measures to ensure appropriate care for children in hospitals in compliance with the Charter for Children in Hospital of the European Association for Children in Hospital (EACH).

Mental health services

69.       The Committee, while acknowledging the additional funds allocated in order to provide government support to psychiatric services, in particular child and youth psychiatry, reiterates its concern that mentally ill children are institutionalized in the same facilities as adults (see CRC/C/15/Add.53, para. 16).  Further, it joins the State party in expressing concern at the long waiting list for and delayed access to mental health services and professionals for children because of an insufficient number of psychologists and psychiatrists.

70.       The Committee encourages the State party to address the shortage of child psychiatrists and psychologists, in particular in the northern and eastern parts of Finland and in small municipalities with fewer resources, in order to provide children with more timely access to mental health services and to prevent the institutionalization of mentally ill children with adults. 

Childcare services and facilities

71.       The Committee notes with appreciation that municipalities provide the services of mother and child welfare clinics but is concerned at the differences between municipalities in the organization of and provision of resources to these clinics.

72.       The Committee recommends that the State party ensure that children in all municipalities benefit to the same extent from the services provided by the mother and child clinics.

6.  Education, leisure and cultural activities

Right to education

73.       The Committee joins the State party in expressing concern at the lay-off of teachers in some municipalities due to economic factors, which may have an adverse effect on teaching and on the quality of education.

74.       The Committee recommends that the State party implement the revised school legislation in order to ensure equality between the different regions of the country and between the various schools and educational establishments.

7.  Special protection measures

Unaccompanied, asylum-seeking and refugee children

75.       The Committee is concerned that unaccompanied minors applying for asylum are interviewed in the same way as adults.  Further, while noting with appreciation the establishment of  a system of representation for unaccompanied minors applying for asylum, it expresses its concern that not enough efforts have been undertaken to ensure adequate resources and training

for the representatives of unaccompanied minors applying for asylum.  It also appears that education for refugee children in their language is available only in those municipalities which can provide sufficient resources.

76.       The Committee recommends that the State party ensure adequate resources for the training of the officials who receive refugee children, in particular in child‑interviewing techniques, and of the representatives of unaccompanied minors applying for asylum.  It also encourages the State party to consider measures through which asylum-seeking and refugee children can be granted equal access to the same standard of services, in particular education, irrespective of who they are and where they live.

77.       The Committee notes with concern the number of asylum-seeking and refugee children coming from areas affected by war and who may have been victims of traumatic experiences.

78.       The Committee recommends that the State party ensure that every effort is made to identify children who require special support upon their arrival in the State party, as well as consider providing adequate psychological assistance to them and their parents.

Substance abuse

79.       The Committee is concerned by the reported increase in the use of drugs, in particular heavy drugs, as well as abuse of alcohol and tobacco among adolescents in the State party.  Further, it notes that the present child welfare service system is unable to deal with the growing need for services.

80.       The Committee notes with appreciation the Decision-in-Principle on Drug Policy of 1999 and encourages the State party to empower positive cultural changes and to pursue its awareness-raising and preventive measures, including drug education in schools.  It further recommends that the State party allocate more resources to the child welfare service system for treatment therapies and rehabilitation services specifically tailored for children.

Sexual exploitation

81.       While appreciating the review of legislation and other measures undertaken by the State party to improve the protection of children from sexual exploitation, in line with the

recommendation of the Committee (see CRC/C/15/Add.53, paras. 19 and 29), the Committee notes with deep concern the phenomenon of Finnish child sex tourists travelling to the nearby countries of the former Soviet Union seeking child prostitutes.

82.       The Committee urges the State party to undertake adequate measures to combat this phenomenon and to pursue international cooperation for the investigation and the prosecution of cases of sexual abuse and exploitation of children by Finnish citizens abroad.

Children belonging to a minority or an indigenous group

83.       The Committee reiterates its concern at the high rates of school drop-outs among Roma children (see CRC/C/15/Add.53, para. 18).

84.       The Committee notes the measures undertaken by the State party to develop special education and prevent social exclusion, such as strengthening the status of the Roma language in school teaching, developing teaching material in the Roma language and training teachers, and recommends they be implemented.  It requests the State party to continue its efforts in this area and to provide information on the impact of these measures on Roma children in the next periodic report to the Committee

Dissemination of the State party report

85.       Finally, in light of article 44, paragraph 6, of the Convention, the Committee recommends that the second periodic report, the list of issues raised by the Committee and the written replies submitted by the State party be made widely available to the public at large and that the publication of the report be considered, along with the relevant summary records and concluding observations adopted thereon by the Committee.  Such a document should be widely distributed in order to generate debate and awareness of the Convention, its implementation and monitoring within the Government, the Parliament and the general public, including concerned non-governmental organizations.

CONCLUDING OBSERVATIONS OF THE COMMITTEE

ON THE RIGHTS OF THE CHILD:  BURUNDI

86.       The Committee considered the initial report of Burundi (CRC/C/3/Add.58) at its 645th to 646th meetings (see CRC/C/SR.645 and 646), held on 20 September 2000, and adopted* the following concluding observations.

A.  Introduction

87.       The Committee welcomes the submission of the State party's initial report and the written replies to its list of issues (CRC/C/Q/BUR/1).  The Committee notes the constructive dialogue it had with the delegation of the State party.

B.  Positive aspects

88.       The Committee notes the State party's efforts to introduce "education for peace" and "let us build peace" projects into national school curricula and teacher training.  The Committee notes also the State party's efforts to provide unaccompanied children with adequate assistance and to help them trace their families.

89.       The Committee notes with satisfaction the State party's ratification of ILO Convention No. 138 concerning the minimum age for the admission to employment and the African Charter on the Rights and Welfare of the Child.

C.  Factors and difficulties impeding the implementation of the Convention

90.       The Committee notes that peace negotiations have failed many times in the past and expresses the hope that current efforts will be successful.  The Committee is aware that successful negotiations will need some time to take effect and that the armed conflict, with its many repercussions on respect for children's rights, will continue to cause serious human rights violations in the State party.

91.       The Committee notes that, since it ratified the Convention, there has been a serious deterioration in the socio-economic conditions in the State party, aggravated by the armed conflict.

92.       The Committee notes also the regional sanctions imposed on the State party until 1999 and the negative impact of the sanctions on the situation of children in the State party.

D.  Principal subjects of concern, suggestions and recommendations

1.  General measures of implementation

Legislation

93.       The Committee notes the efforts being made by the State party to bring domestic legislation into conformity with the Convention including through new legislation on adoption, children in difficult circumstances and the rights of delinquent children to be considered by the National Assembly at its present session.  The Committee remains concerned, however, that plans to adopt a single legal instrument gathering together all provisions relating to the rights and duties of children have not been completed, that not all elements of domestic legislation are in conformity with the provisions of the Convention, and that customary law and traditional practices involving, inter alia, inheritance violate the rights of children, and of girls in particular.

94.       The Committee encourages the State party to continue its efforts in the area of law reform with a view to ensuring full conformity with the principles and provisions of the Convention, to pursue early adoption of the code of laws on the rights and duties of children, and to ensure that customary law and traditional practices fully respect the provisions of the Convention.  The Committee further recommends that the State party make additional efforts to ensure that legislation is implemented.

National plan of action and child rights policy

95.       Noting the progress made towards the establishment at the provincial and communal levels of children's rights committees, the Committee remains concerned at the lack of a comprehensive children's rights policy in the State party, at the absence of policy-making mechanisms which systematically take children's rights into consideration and at the absence of an up-to-date national plan of action for the implementation of a children's rights policy in priority areas.  The Committee is concerned, in addition, that children's rights have not been sufficiently taken into consideration in past efforts to achieve peace in the State party.

96.       The Committee recommends that a children's rights policy and a new national plan of action based upon the principles and provisions of the Convention be established and implemented in consultation and coordination with all relevant ministries and with civil society.  The Committee recommends that the State party pursue efforts to establish provincial and communal child rights committees and that these bodies be used to effectively implement the children's rights policy and programmes related to the national plan of action at the local level.  The Committee recommends that the State party seek assistance from UNICEF in this regard.  The Committee urges, further, that the protection of child rights and the implementation of programmes to address priority child rights concerns be included in peace agreements.

Coordination

97.       The Committee notes the State party's efforts to coordinate implementation of the Convention through the Council of Ministers, the Ministry with responsibility for human rights and the inter-ministerial follow-up Committee.  The Committee remains concerned, however, that the efforts to coordinate are insufficient with regard to the promotion and implementation of the Convention and the involvement of NGOs in the process.

98.       The Committee recommends that the State party review its coordinating mechanisms in order to facilitate the promotion and implementation of the Convention and ensure that adequate human and financial resources are allocated for this purpose.  Further, the Committee recommends that appropriate measures be taken to include NGOs in the coordination process.

Data collection

99.       The Committee notes with concern the breakdown of data collection mechanisms and that where data are collected they cover only children up to age 15.

100.     The Committee recommends that the State party take steps to improve the collection of disaggregated data, including for children up to age 18, on priority areas of concern within the scope of the Convention and ensure that this information is used to improve the implementation of a child rights policy.

Monitoring mechanisms

101.     The Committee is concerned that there is no mechanism to monitor the implementation of the Convention or to report complaints of violations of children's rights.

102.     The Committee recommends that an independent mechanism be established to monitor implementation of the Convention and to record and report on violations of children's rights.

Available resources/budgetary allocations

103.     In light of article 4 of the Convention, the Committee is deeply concerned at the low proportion of the national budget invested in health, education and social welfare in contravention of the World Bank's guidelines on minimum spending on these areas, and the high proportion of spending on defence.  The Committee is also concerned that resources, whether from State allocations or from direct international assistance, are not distributed evenly among the population according to need.  Further, the Committee notes the high proportion of the population living in poverty and is concerned at the impact of this situation on children.

104.     In light of articles 2, 3 and 4 of the Convention, the Committee recommends that the State party raise the proportion of spending on health, education and social welfare to the maximum of available resources, with a view to ensuring access to these services for all children.  The Committee recommends in addition that the State party ensure that resources are distributed as evenly as possible according to the needs of vulnerable populations and to all geographical areas.  The Committee recommends further that the State party make every effort to ensure that programmes and services for the implementation of the Convention are maintained.

Involvement of civil society

105.     The Committee is concerned that civil society, including NGOs, have insufficient opportunities to influence policy making and implementation with regard to children's rights. The Committee is also concerned that children do not have sufficient opportunities to participate in this process.

106.     The Committee recommends that the State party take steps to involve a wide range of NGOs in child rights policy-making and implementation including, in particular, at the provincial and communal levels.  The Committee recommends further that children be provided with more opportunities to participate in the work of NGOs.

Training

107.     Recognizing the efforts made by the State party to promote the Convention and to provide training on its provisions for civil servants, the Committee is concerned that training on practical application of the Convention, particularly in the context of the developing network of provincial and communal child rights committees, is insufficient.

108.     The Committee recommends that the State party continue and strengthen its efforts to promote the Convention and to conduct training on its provisions for particular professional groups including teachers, health professionals, including psychological care specialists, social workers, law enforcement officials, provincial and communal administrative officials, the members of provincial child rights committees and national ministerial officials with responsibility for children's rights, and the military.  The Committee recommends further that the State party seek assistance in this regard from UNICEF.

2.  Definition of the child

109.     The Committee is concerned at the low minimum age of 12 at which formal education is no longer compulsory, and joins with the State party in expressing concern at the difference in the legal minimum ages for marriage of girls and boys, and at the low minimum age of recruitment to the armed forces.

110.     The Committee recommends that the State party raise the legal school-leaving age to 16, which is the age at which children are legally permitted to work.  The Committee recommends further that the State party pursue its efforts to harmonize the minimum ages for marriage of girls and boys and that legislative measures be taken to raise the minimum age of recruitment to the armed forces to 18.

3.  General principles

Non-discrimination

111.     The Committee is deeply concerned at gross violations of the right to be protected from discrimination and at the impact of discrimination upon children in the State party, and notes that discrimination takes different forms including by ethnic origin, gender, geographical origin (within the country) and social status.  The Committee notes that killings and other acts committed in the armed conflict, and which have affected children, have frequently been perpetrated on the basis of ethnic origin.  The Committee notes in addition that other forms of discrimination lead to concerns with regard to, inter alia, access to resources, inheritance of property, the right to a nationality and the access of girls to education.  Further, the Committee is concerned that the State party does not appear to have taken fully into account either the provisions of article 2 or the Convention's other principles in its legislation and administrative and judicial practice as well as in programmes on behalf of children.

112.     The Committee urges the State party to make every effort to end all discriminatory practices, to ensure equal respect for the rights of all children in the State party and to reinforce and ensure the implementation of existing laws related to non‑discrimination.  The Committee recommends that the State party commission and publish an independent study on the different types and causes of discrimination which affect children in the State party, with the aim of contributing to public discussion and the identification of solutions.  The Committee urges the State party to restate its commitment to protect children from discrimination and to work with national and international partners to end discrimination.  The Committee further urges the State party to use promotion of and training on child rights as a means of ending discrimination and to prosecute persons who violate non‑discrimination provisions of the law.

Best interests of the child

113.     The Committee is deeply concerned that the State party has not given the best interests of the child, as an individual or as a member of a vulnerable group, priority consideration.

114.     The Committee recommends that the principle of the best interests of the child, both as an individual and as a member of a vulnerable group, be integrated into all future revisions of legislation and given due consideration in the context of administrative and judicial decisions.

Right to life, survival and development

115.     The Committee is deeply concerned at the extensive violations of the right to life of children by, inter alia, armed conflict, deliberate killings by armed persons including members of the armed forces, State regroupment policies, other forms of population displacement, poor health and sanitation facilities, severe malnutrition and related illnesses, and as a result of the prevailing conflict between groups of the population.

116.     The Committee strongly urges the State party to make every effort to reinforce protection of the right to life, survival and development of all children within the State party through policies, programmes and services that target and guarantee protection of this right.  The Committee further urges the State party to seek as much international assistance as possible in this regard.

The right of the child to be heard

117.     The Committee is concerned that children are not given enough opportunities to express their views and that their opinions are not taken into consideration sufficiently, in particular within the family and in schools.

118.     In the light of article 12 of the Convention, the Committee recommends that the State party provide educational information to, inter alia, parents, teachers, government administrative officials, the judiciary and the public in general on children's rights to participate and to have their views taken into consideration.

4.  Civil rights and freedoms

Nationality

119.     The Committee notes that the State party has ratified the 1954 Convention relating to the Status of Stateless Persons, but remains concerned at the absence of legislation to implement the Convention's provision, as they affect children.

120.     The Committee recommends that the State party consider adopting and implementing legislation to implement the 1954 Convention.

Birth registration

121.     The Committee is very concerned at the large numbers of children whose birth is not being registered.

122.     In the light of article 7 of the Convention, the Committee urges the State party to make every effort to ensure the registration of all children born, taking into account the particular situation of internally displaced persons, including those who have been regrouped, and refugees.

Cruel, inhuman and degrading treatment or punishment

123.     The Committee is deeply concerned at severe violations of the rights to freedom of movement and to choose one's residence in the context of the State party's regroupment policy.  The Committee is concerned further by the large number of children in regroupment camps and the extremely poor conditions in which they have to live, constituting, in many cases, cruel, inhuman and degrading treatment and violating numerous minimum standards with respect to children's rights.

124.     The Committee urges the State party to complete, without further delay, the process of closing the regroupment camps and, pending closure, to guarantee respect of all the civil rights and freedoms of children and their families living in such camps.

Corporal punishment

125.     The Committee is concerned that corporal punishment continues to be practised at home and in some schools and that domestic legislation does not prohibit its use.

126.     The Committee recommends that the State party take all appropriate measures, including legislation, information campaigns and the promotion of alternative forms of sanctions which respect the physical and mental integrity of children, to end corporal punishment within the family, schools, juvenile justice and alternative care.

The protection of the law

127.     The Committee is concerned that violations of human rights, including in particular the killing of civilians, committed against children or their parents are only rarely addressed through judicial processes and that this climate of impunity is detrimental to the overall respect of children's rights.

128.     The Committee recommends that the State party make much greater efforts to investigate violations of human rights and to prosecute the perpetrators of these acts.

Access to information

129.     The Committee notes with concern that a majority of children in rural areas do not have adequate access to information.

130.     In light of article 17, the Committee recommends that the State party take all appropriate measures to ensure that children in all rural areas are provided with adequate access to information and that they are also protected from information which may be harmful to them.

5.  Family environment and alternative care

Family support

131.     The Committee is deeply concerned at the breakdown in nuclear family structures, at the emergence of a high proportion of single-parent-headed households, child-headed households and grandparent-headed households, and at the immediate and long-term consequences that these weaknesses in the family structure may have on children.  The Committee is also concerned at the strong bias in favour of fathers in the context of child custody disputes.

132.     Noting the efforts already made in this regard, the Committee urges the State party to continue and strengthen support to families, including through assistance with agricultural production and legal and financial assistance in obtaining adequate housing and land and counselling to help resolve problems.  The Committee urges the State party to give particular attention to the establishment of psycho-social and parental guidance programmes to strengthen vulnerable family units such as single-parent-, child- and grandparent-headed households.  The Committee recommends in addition that the State party ensure that in granting one parent custody of a child the decision is made in accordance with the best interests of the child, with the child's participation and with consideration for the emotional needs of the child.

Child abuse and neglect

133.     The Committee joins the State party in expressing concern at acts of cruelty, ill‑treatment, abuse, including sexual abuse, and neglect and practices such as the seizure of property belonging to orphans which are committed against children in the context of the family, including the extended family.

134.     In light of article 19, the Committee recommends that the State party take steps to establish effective mechanisms for the timely reporting of and response to domestic violence and abuse against or affecting children, to prosecute individuals who violate criminal law and to protect children from cruelty and other harmful acts such as the seizure of property from orphans.  The Committee recommends further that the State party take measures to offer both physical and psychological care to

            those who have suffered, including assisting child victims through court and other proceedings and avoiding the risk of secondary victimization, and that these should be implemented in accordance with article 39 of the Convention.

Alternative care

135.     Recognizing the large numbers of orphans and other children in need of alternative care in the State party, the Committee is deeply concerned at violations of child rights that occur in the context of alternative care at the lack of systematic monitoring of the situation of children in institutions or informal foster families, at the use of children for labour in some informal foster families and at reports indicating that many of these children do not have adequate emotional support or access to health and education services.

136.     In light of article 21 of the Convention, the Committee recommends that the State party urgently develop, and implement, mechanisms to ensure the provision of suitable alternative care for children in need of such assistance and that monitoring mechanisms be established to guarantee a minimum standard of care, including in the long-term, and which ensure that such children are not used for labour and have access to education and health services.  The Committee recommends further that a code of standards be adopted on care and protection of children deprived of a family environment.  Recognizing the difficulties encountered by many families that provide alternative care for children, the Committee recommends that the State party continue and strengthen its support to such families, including by providing assistance to pay for health and education services.

6.  Basic health and welfare

Children with disabilities

137.     Noting the current efforts by the State party, the Committee is concerned at the situation of children with physical and mental disabilities, and in particular at the limited specialized health care, education and employment possibilities available for them.  The Committee is concerned further that poor health conditions and poverty are leading to an increase in the number of children with disabilities.

138.     The Committee recommends that the State party review the situation of children with disabilities in terms of their access to suitable health care, education services and employment opportunities and that the State party establish a programme of action to address all areas of concern.  The Committee recommends in addition that the State party take note of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee's recommendations adopted at its day of general discussion on the rights of children with disabilities (see CRC/C/69).  The Committee further recommends that the State party sensitize the population to the rights of children with disabilities and the difficulties they must face in their daily lives.  The Committee also suggests that the State party seek assistance from, inter alia, UNICEF and WHO.

Poor health and access to primary health care

139.     The Committee is deeply concerned at low immunization rate, high levels of malnutrition and micro-nutrition deficiencies and extremely poor health conditions among children in general and particularly in camps.  Further, the Committee is concerned at high mortality rates among children, high maternal mortality rates, at low investment in health care, the limited number of hospitals and health centres that are operational, the limited drug supply and relatively high cost of medicines, including generic drugs, and the concentration of medical professionals in Bujumbura city.

140.     The Committee urges the State party to make significant increases in the health budget, to make every effort to improve public health, including primary health care, and to ensure adequate access for all children to health services, with particular regard to those living in rural communities and in camps.  The Committee recommends that the State party implement integrated policies and programmes for the management of childhood illnesses and measures to improve child and maternal health.  The Committee recommends that the State party seek the assistance of UNICEF and WHO in this regard.

141.     The Committee is concerned at the lack of a comprehensive policy regarding the protection of social welfare, and that such protection is not equally accessible to the children of parents who are not employed in the civil service.

142.     In light of article 26 of the Convention, the Committee recommends that the State party strengthen its efforts to extend the protection of social welfare to all sectors of the population, including through systems such as the health insurance card.

Adolescent health

143.     The Committee is concerned at the lack of an adolescent health-care policy, particularly with regard to reproductive health, early teenage pregnancy, mental health and problems related to the inhaling of substances such as glue and petrol and the use of marijuana.

144.     The Committee recommends that the State party make additional efforts to develop a comprehensive adolescent health-care policy and to provide reproductive health education and specialized assistance for the treatment of mental, reproductive and other health concerns of adolescents.  In this context, the Committee recommends that the State party seek assistance from UNICEF and WHO.

HIV/AIDS

145.     The Committee is deeply concerned at the high incidence of HIV/AIDS in the State party and its impact, either direct or indirect, on children and adolescents.

146.     Noting the efforts made in this regard, including the national programme to combat       HIV/AIDS, the Committee recommends that the State party pursue and increase its

current efforts to promote awareness and prevention of HIV/AIDS, in the light of the recommendations it adopted at its day of general discussion on children living in a world with HIV/AIDS (see CRC/C/80, chap. III.C).  The Committee recommends that the State party seek assistance in this regard from UNAIDS, UNICEF and WHO.

Psychological care

147.     Noting the current efforts to address trauma, the Committee is concerned at the inadequacy of specialized psychological care in almost all regions of the State party and the substantial need for such assistance among children who have suffered from, inter alia, the ongoing armed conflict, displacement, regroupment, sexual abuse and living conditions in camps.  The Committee is concerned that the current ratio of mental health workers to population is very low.

148.     The Committee recommends that the State party increase its efforts to make psychological assistance available to those children who have experienced trauma and to increase human resources in the area of psychological care by providing specialized mental health training for existing health professionals.  The Committee urges the State party to seek assistance from UNICEF and WHO in this regard.

7.  Education, leisure and cultural activities

Education

149.     The Committee is very concerned at the dramatic fall in the number of children attending primary and secondary school in the State party, at the insufficient number of qualified teachers working in rural communities and in camps, at the lack of adequate teaching equipment and at repeated attacks by armed persons on schools.  The Committee is further concerned at the limited access of children with disabilities to formal or vocational educational opportunities and at the proportionally low number of girls attending primary or secondary school.

150.     The Committee urges the State party to continue and strengthen its efforts to, inter alia, rebuild and reopen schools, recruit qualified teachers in those areas where they are needed, make available adequate teaching equipment and ensure that all children, including indigent and displaced children, have equal access to education opportunities.  The Committee further recommends that the State party develop a clear programme of action for increasing children's access to formal education.  The Committee recommends in addition that the State party ensure that children with disabilities have access to formal and vocational educational opportunities and that every effort be made to ensure that girls and boys have equal access to educational opportunities.  In this regard, the Committee recommends that the State party seek assistance from UNICEF and UNESCO.

151.     The Committee recommends, in addition, that the State party pursue its efforts to include "education for peace", children's rights and other human rights subjects in the curricula of primary and secondary schools, and that assistance be requested from UNICEF and UNESCO in this regard.

8.  Special protection measures

Refugees and internally displaced children

152.     The Committee is deeply concerned at the very large numbers of persons who have become refugees or internally displaced within the country and at the situation of those displaced children who are unaccompanied.  The Committee is disturbed in particular by the massive numbers of people who been forcibly regrouped within the country and by the very poor, sometimes life-threatening conditions in displaced and regrouped persons camps, and the poor health and education services available to camp populations.  The Committee notes that the State party has publicly promised to end the regroupment policy, but has failed to do so.  The Committee notes further that efforts to trace the families of unaccompanied children have had limited success.

153.     The Committee urges the State party to make every effort to protect the civilian population from displacement and to implement its plans to end regroupment, giving particular attention to the situation of unaccompanied children and the need for effective family tracing.  The Committee further urges the State party to ensure that all displaced children and their families, including those who have been regrouped, have access to essential health and education services and to consider the need for continued access to such services during the often slow process of return to communities of origin.  The Committee also urges the State party to provide returning children and their families with assistance in re-establishing themselves in their homes.  In addition, the Committee urges the State party to continue to work closely with UNHCR towards establishing conditions conducive to the return of refugees in safety and in the context of a durable solution.

Children living and working on the streets or in the hills

154.     The Committee is concerned at the situation of children living and working on the streets and children living on their own and without proper housing in the hills.  The Committee is concerned inter alia, about the poor access of such children to health, education and other services, about reports that the number of children living or working on the streets is continuing to increase, and about the particular vulnerability of girls in these situations.

155.     The Committee recommends that the State party reinforce the current efforts on behalf of street and "hill" children and ensure that these children are protected and have access to health and education services.  Taking into consideration the limited availability of social workers and the scarcity of resources, the Committee recommends that the State party give greater support to the work of NGOs in this domain and provide the police services with training on children's rights so that the police can contribute to the protection of children from acts of violence or other abuse while on the street.  The Committee recommends that special attention be given to improving the situation of girls.  The Committee recommends further that the State party seek assistance from UNICEF in this regard.

Children in armed conflict

156.     The Committee is concerned about the participation of children in the State party's armed forces, either as soldiers, or as helpers in camps or in the obtaining of information.  The Committee is also concerned about reports of widespread recruitment of children by opposition armed forces.  The Committee is further concerned at reports of sexual exploitation of children by members of the armed forces.  The Committee is deeply concerned about violations of the provisions of international humanitarian law relating to the treatment of civilians in armed conflict.

157.     The Committee urges the State party to end the use of children as soldiers or in any other way related to the armed conflict and to demand, in the context of peace negotiations, that opposition armed forces also cease to use children as soldiers.  The Committee recommends that the State party ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts at the earliest opportunity.  In addition, the Committee urges the State party to ensure that the sexual exploitation of children by members of the armed forces is brought to an end and that the perpetrators are prosecuted.  The Committee recommends further that the State party provide demobilized children, and others who have been linked to armed forces or groups, with assistance towards their social reintegration.  The Committee recommends that full respect of the provisions of international humanitarian law be guaranteed.

Juvenile justice

158.     Noting the efforts made to appoint judges for cases involving juveniles, the Committee is concerned at the weakness of juvenile justice facilities in the State party.  In particular, the Committee is concerned that children who have been charged with a criminal offence are obliged to wait long periods of time before a trial is held and that the duration of pre-trial detention of children frequently exceeds the maximum prison sentence to which a child can be sentenced if found guilty.  Investigations into criminal accusations made against children are extremely slow. In addition, the Committee is concerned that children are usually detained or imprisoned in the same facilities as adults and that conditions of detention are very poor.  The Committee is also concerned to learn that children under the established minimum age of criminal responsibility of 13 are frequently detained.

159.     The Committee urges the State party to make every effort to ensure that investigations and trials of children accused of committing criminal acts are conducted rapidly, that periods of pre-trial detention are kept to a minimum, that children are detained or imprisoned separately from adults and that conditions of detention are improved.  The Committee urges the State party to ensure that no children under the age of 13 are detained or imprisoned, in accordance with domestic legislation.  The Committee recommends that the State party make further efforts to ensure that the Convention is implemented and respected, in particular articles 37, 40 and 39, along with other United Nations standards in the field of juvenile justice, including the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty.

Sexual exploitation

160.     The Committee is concerned that children have been the victims of sexual exploitation, sometimes by those persons who are responsible for their care.

161.     The Committee recommends that the State party make every effort to end and prevent the sexual exploitation or abuse of children, giving particular attention to children living in camps.  The Committee recommends in particular that the State party develop and implement a multidisciplinary plan of action to address the sexual exploitation of children and encourages the State party, in its efforts to address commercial sexual exploitation, to take into account the recommendations formulated in the Agenda for Action adopted at the World Congress Against Commercial Exploitation of Children, held in Stockholm in 1996.  The Committee also recommends that the State party consider ratifying the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

Minorities

162.     The Committee is deeply concerned about the poor situation of Batwa children and the lack of respect for almost all of their rights, including the rights to health care, to education, to survival and development, to a culture and to be protected from discrimination.

163.     The Committee urges the State party urgently to gather additional information on the Batwa people, to strengthen the representation of Batwa in national policy‑making and to elaborate a plan of action to protect the rights of Batwa children, including those rights related to minority populations and indigenous peoples.

Dissemination of the report, written answers, concluding observations

164.     Finally, in light of article 44, paragraph 6, of the Convention, the Committee recommends that the initial report and written replies submitted by the State party be made widely available to the public at large and that the publication of the report be considered, along with the relevant summary records and concluding observations adopted thereon by the Committee.  Such a document should be widely distributed in order to generate debate and awareness of the Convention, its implementation and monitoring within the Government, the Parliament and the general public, including concerned non‑governmental organizations.  The Committee recommends that the State party request international cooperation in this regard.

            CONCLUDING OBSERVATIONS OF THE COMMITTEE ON THE RIGHTS

            OF THE CHILD:  UNITED KINGDOM OF GREAT BRITAIN AND

NORTHERN IRELAND ‑ ISLE OF MAN

165.     The Committee considered the initial report of the United Kingdom of Great Britain and Northern Ireland ‑ Isle of Man (CRC/C/11/Add.19 and Corr.1), received on 15 April 1998 and 14 September 1999, at its 647th meeting (see CRC/C/SR.647), held on 21 September 2000, and adopted* the following concluding observations.

A.  Introduction

166.     The Committee welcomes the submission of the State party's initial report on the Isle of Man, which followed the established guidelines, and the written replies to its list of issues (CRC/C/Q/UK‑IM/1).  The Committee is encouraged by the constructive, open and frank dialogue it had with the State party and welcomes the positive reactions to the suggestions and recommendations made during the discussion.  The Committee expresses its satisfaction that the inclusion in the delegation of representatives from the Isle of Man who are directly involved in the implementation of the Convention allowed for a fuller assessment of the situation of the rights of children on the island.

B.  Positive aspects

167.     The Committee notes the Children and Families Services Plan (1997‑2001) and the 1999 update of the Plan which dealt, inter alia, with children with disabilities, child protection, residential care, foster care and adoptions, juvenile justice and family support matters.

C.  Subjects of concern and Committee recommendations

1.  General measures of implementation

Reporting

168.     The Committee notes with concern that the State party has not yet extended the Convention to all of its Crown Dependencies, specifically Jersey and Guernsey.

169.     The Committee recommends that the State party submits in its next periodic report,

information concerning the measures taken to extend the Convention to all of its Crown Dependencies.

                                               

*  At the 669th meeting, held on 6 October 2000.

Reservations to the Convention

170.     The Committee is concerned that the reservations made by the State party with respect to articles 32 and 37 (c) of the Convention on the Rights of the Child have not yet been withdrawn and are still applicable to the Isle of Man.  The Committee welcomes the island's commitment to discussing further the possible withdrawal of all of its reservations to the Convention.

171.     In the light of the 1993 Vienna Declaration and Programme of Action, the

Committee encourages the State party to consider the possibility of reviewing its reservations with a view to their full withdrawal, including with respect to the Isle of Man.  In order to remove the apparent obstacles to the withdrawal of the reservation to article 37 (c) of the Convention, the Isle of Man is encouraged to reinforce it efforts to complete the construction of a separate security unit for children deprived of their liberty.

Legislation

172.     The Committee notes that the Isle of Man will introduce in the next session of the legislature a new Children and Young Persons Bill, as well as bills to incorporate the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption of 1993 and the European Convention on Human Rights.  The Committee is concerned, however, that domestic legislation in the Isle of Man does not fully reflect the principles and provisions of the Convention.  In this context, the Committee expresses concern that the draft Children and Young Persons Bill focuses more on a social welfare and service approach rather than a rights-based approach to child protection and care.

173.     The Committee encourages the State party to continue its efforts in the area of law

review and reform in order to ensure that the laws are in full conformity with the principles and provisions of the Convention and reflect a rights-based approach to child protection and care. 

Coordination

174.     The Committee notes that the Department of Health and Social Security is the principal agency with responsibility for child welfare in the Isle of Man.  The Committee further notes the role of the Department in the development and implementation of the Child Care Strategy, introduced in 1997.  The Committee is concerned, however, that insufficient efforts have been made to establish a more comprehensive coordinating mechanism to promote and implement the Convention and to ensure greater involvement of all government agencies working with and for children, as well as the wider civil society, in the process.  Concern is also expressed that non‑governmental organizations (NGOs) were not included in the preparation of the report of the Isle of Man. 

175.     The Committee recommends that the Isle of Man establish a coordinating

mechanism for the promotion and implementation of the Convention and allocate adequate resources (human and financial) to ensure its effective functioning.  The Committee encourages the Isle of Man to continue its efforts to extend the Child Care Strategy for an additional five years and to develop the strategy further in order to ensure greater participation by all relevant government agencies and departments.  It is also recommended that the Isle of Man consider elaborating a comprehensive plan of action for the implementation of the Convention.  Additionally, the Isle of Man is encouraged to reinforce its efforts to include NGOs in the promotion, coordination and implementation of children's programmes.  Efforts should also be made to ensure their participation in the preparation of the next periodic report of the Isle of Man.

Data collection

176.     The Committee is concerned that the data collection mechanism of the Isle of Man includes the collection of data on children up to the age of 15 years only. 

177.     The Committee recommends that the Isle of Man take all appropriate measures to

ensure the development of a comprehensive data collection mechanism that incorporates all the areas covered by the Convention and covers all children below the age of 18 years, with specific emphasis on those who are particularly vulnerable, including children in the juvenile justice system; children born out of wedlock; child victims of sexual abuse and neglect; institutionalized children; child victims of drug abuse; and children with disabilities.

Monitoring mechanisms

178.     While the Committee notes that the Police Act provides for the creation of a police complaints commission to address human rights violations by the police, it is concerned that insufficient efforts have been made to establish a child rights focal point within the Commission to address complaints of violations of the rights of children by the police.  The Committee also notes with concern that children are not allowed to submit complaints to the Police Complaints Commission unless a relevant adult is present while the statement of complaint is being taken.  Concern is also expressed at the insufficient efforts made to establish an independent, child‑friendly, human rights monitoring mechanism to review administrative decisions affecting children and to address complaints from children concerning violations of their rights by government agents other than the police. 

179.     The Committee recommends the establishment of a child rights focal point within

the Police Complaints Commission.  It also recommends that the Isle of Man consider introducing measures to facilitate children who wish to do so making complaints to the Commission in the absence of an adult.  It further recommends that the Isle of Man reconsider establishing an independent, child‑friendly, accessible mechanism, separate from the Police Complaints Commission, to address complaints from children concerning violations of their rights and to provide remedies for such violations, in keeping with the Paris Principles (United Nations General Assembly resolution 48/134).  In this context, the introduction of awareness‑raising campaigns is encouraged in order to facilitate the effective use of these mechanisms by children.

Dissemination

180.     The Committee notes that the Isle of Man has introduced a code of practice on access to government information which, inter alia, governs access to information on international agreements, including the Convention.  The Committee also notes that the Isle of Man intends to make available, on its Web site, all of its periodic reports to United Nations human rights treaty bodies and to introduce training on human rights, including children's rights.  However, the Committee is concerned that insufficient efforts have been made actively to disseminate the principles and provisions of the Convention and that professional groups, children, parents and the public at large are generally not sufficiently aware of the Convention and the rights-based approach enshrined therein. 

181.     The Committee recommends that greater effort be made to ensure that the

provisions of the Convention are widely known and understood by adults and children alike.  The Committee encourages the Isle of Man to reinforce its efforts to introduce training on and/or sensitization about the Convention for professional groups working with and for children, such as judges, lawyers, law enforcement personnel, teachers, school administrators, health personnel, including psychologists and social workers, and personnel of child‑care institutions.  Efforts should also be made to raise awareness among the media about the rights of children.  The Committee also recommends that the Isle of Man integrate the Convention into the curricula at all levels of the educational system. 

2.  Definition of the child

182.     The Committee notes with concern that the Children and Young Persons Bill proposes to abolish the presumption that children between the ages of 10 and 14 years are doli incapax (incapable of committing a criminal offence), which means that legally the minimum age of full criminal responsibility is lowered from 14 to 10 years.  The Committee expresses concern regarding the low legal age for criminal responsibility in the Isle of Man (10 years).  Additionally, the Committee is concerned that the law does not adequately provide for the special protection and care of children who have attained the age of 17 years. 

183.     The Committee strongly recommends that the Isle of Man reconsider its decision to

abolish the principle of doli incapax for very young children.  The Committee also recommends that the Isle of Man review its legislation with a view to increasing the age of criminal responsibility and to ensuring full conformity with the principles and provisions of the Convention.  It further recommends that existing legislation be reviewed so as to guarantee adequate protection and care for all children below the age of 18 years.

3.  General principles

184.     The Committee wishes to express its concern that the Isle of Man does not appear to have fully taken into account the provisions of the Convention, especially its general principles, as reflected in its articles 2 (non‑discrimination), 3 (best interests of the child), 6 (survival and development) and 12 (respect for the views of the child), in its legislation, its administrative and judicial decisions, or in its policies and programmes relevant to children. 

185.     It is the Committee's view that further efforts should be undertaken to ensure that

the principles of the Convention are appropriately integrated into all legal amendments, as well as judicial and administrative decisions, and projects, programmes and services which have an impact on children.  The Committee recommends that the Isle of Man take all appropriate measures to ensure that policy discussions and decision‑making regarding the rights of children are guided by the general principles of the Convention, in particular the principle of respect for the views of the child.

Non‑discrimination

186.     The Committee expresses concern that the Isle of Man does not appear to have fully taken into account article 2 (the general principle non‑discrimination) of the Convention in its legislation, its administrative and judicial decisions, or its policies and programmes relevant to children.  In this context, concern is expressed at the insufficient efforts made to provide against discrimination based on sexual orientation.  While the Committee notes the Isle of Man's intention to reduce the legal age for consent to homosexual relations from 21 to 18 years, it remains concerned about the disparity that continues to exist between the ages for consent to heterosexual (16 years) and homosexual relations. 

187.     It is recommended that the Isle of Man take all appropriate measures, including of a

legislative nature, to prevent discrimination based on the grounds of sexual orientation and to fully comply with article 2 of the Convention.

4.  Family environment and alternative care

Domestic violence, ill‑treatment and abuse

188.     The Committee notes the efforts of the Isle of Man to prevent domestic violence, child abuse, including sexual abuse, and ill‑treatment and neglect of children through, inter alia, the introduction of the Child Protection Policy, the employment of family aids to work with at risk families and the establishment of family centres to provide training in parenting.  In this regard, the Committee also notes the establishment of a sex offenders therapy programme for adult perpetrators found guilty of child abuse.  The Committee remains concerned, however, at the increasing incidence of domestic violence, child abuse, including sexual abuse, and ill‑treatment and neglect of children.

189.     In the light of article 19, the Committee recommends that the Isle of Man reinforce

its efforts to prevent and combat domestic violence, child abuse, including sexual abuse, and ill‑treatment and neglect of children.  It is further recommended that the Isle of Man take all appropriate measures to ensure that cases of domestic violence, ill‑treatment and sexual abuse of children are properly investigated within a child‑friendly judicial procedure and that sanctions are applied to perpetrators, due regard being given to protecting the right to privacy of the child.  Additionally, all appropriate measures should be taken to guarantee the physical and psychological recovery and social reintegration of child victims, in accordance with article 39 of the Convention. 

Corporal punishment

190.     While noting that the Education Bill 2000 will prohibit the use of corporal punishment in schools and that the Criminal Justice Bill 2000 will prohibit its use within the juvenile justice system, the Committee is gravely concerned that corporal punishment is still practised and widely accepted in the Isle of Man. 

191.     The Committee recommends that the Isle of Man reinforce its efforts to prohibit by

law and eliminate the use of corporal punishment in schools, care institutions and the juvenile justice system.  The Committee further recommends that the Isle of Man take all appropriate measures to prohibit the use of corporal punishment in the home.  In this context, it is suggested that awareness raising and education campaigns be conducted to change public attitudes and ensure that alternative forms of discipline are administered in a manner consistent with the child's human dignity and in conformity with the Convention, especially articles 19 and 28.2.

5.  Basic health and welfare

Adolescent health

192.     The Committee notes the efforts of the Isle of Man to address adolescent health concerns, particularly in the area of alcohol abuse.  In this regard, the Committee notes the elaboration of an alcohol strategy and the development of an alcohol prevention programme at the secondary school and college levels.  While welcoming the "Smoke Busters" programme introduced at the primary and lower secondary school levels to prevent and combat smoking among children, the Committee expresses concern that cigarette smoking is still prevalent among school‑age children, especially girls.  While the Committee notes the enactment of the Mental Health Act, which came into force in April 2000, it is concerned that additional efforts are needed to strengthen child mental health services.  The Committee further notes that additional efforts are also needed better to address adolescent reproductive health concerns, particularly as regards teenage pregnancy and sexually transmitted diseases (STDs).

193.     The Committee encourages the Isle of Man to reinforce its efforts in addressing

drug and alcohol abuse and cigarette smoking among adolescents, especially among schoolgirls.  The Committee recommends that all appropriate measures be taken to strengthen reproductive health education, including the promotion of male acceptance of the use of contraceptives.  The Committee suggests that a comprehensive and multidisciplinary study be undertaken to understand the scope of adolescent reproductive health concerns, including the incidence of STDs.  Additionally, it is recommended that the Isle of Man undertake further measures, including the allocation of adequate human and financial resources, to ensure the provision of youth‑friendly care, counselling and rehabilitation services for adolescents and to strengthen child mental health services.

Disabilities

194.     The Committee notes the efforts of the Isle of Man to establish programmes for children with disabilities, including integration and community based care programmes.  It is concerned, however, that insufficient efforts have been made to ensure adequate legal protection of children with physical disabilities. 

195.     In the light of the Standard Rules on the Equalization of Opportunities for

            Persons with Disabilities (General Assembly resolution 48/96, annex) and the recommendations the Committee adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, chap. IV, sect. D), the Committee recommends that additional efforts be made to:  enhance early identification programmes to prevent disabilities; strengthen special education programmes for children with disabilities; and, where possible, encourage the inclusion of children with disabilities in the regular school system and more generally in society.  Adequate resources should be allocated to ensure the effective implementation of programmes for children with disabilities and to encourage further training for professionals working with and for these children.  The Committee also recommends the enactment of legislation to guarantee the rights of children with physical disabilities. 

Social security

196.     The Committee notes that the Isle of Man's social security system provides financial support to families with children and additional assistance to single parent and low income families.  The Committee also notes that the social security system provides for the training, education and employment of young people aged 16 and 17 years who are unable to find employment.  The Committee is concerned, however, that additional efforts are needed to strengthen the social security system to ensure the full implementation of the economic, social and cultural rights of all children below the age of 18 years.

197.     The Committee encourages the Isle of Man to reinforce its efforts to provide

adequate support and assistance through its social security support for economically disadvantaged children below the age of 18 years.

6.  Education, leisure and cultural activities

198.     The Committee welcomes the "INCLUDE" programme and the "Bridge" project, which provide additional support to students with behavioural concerns.  It is noted with appreciation that student councils have been established to encourage the participation of such children within the school environment.  The Committee notes that the Manx Gaelic language is currently taught as an option in all primary schools for a two‑year period and that the Department of Education is currently reviewing the possibility of establishing a Gaelic‑medium School, to commence in September 2002.  While the Committee notes that the Isle of Man has appointed attendance officers to ensure the regular attendance at school of students of compulsory school age, it is concerned about the insufficient information provided on truancy and drop‑out rates and the programmes implemented to prevent and discourage these practices.  The Committee notes that the efforts to include the National Council for Vocational Qualifications (NCVQ) courses in the school curriculum for students between the ages of 14 and 16 years have regrettably been unsuccessful.  While noting that students may, through their parents, discuss with the school principal any concerns regarding violations of their rights, the Committee is concerned that insufficient effort has been made to establish a formal complaints procedure for students whose rights have been violated.

199.     The Committee encourages the Isle of Man to continue its efforts in promoting the

Gaelic language in schools.  The Committee recommends that the Isle of Man provide additional information on the actual situation of education in its next periodic report, particularly as regards truancy and drop‑out rates.  The Committee encourages the Isle of Man to continue its efforts to develop vocational options for children between the ages of 14 and 16 years.  The Committee further encourages the Isle of Man to establish a complaints procedure within the school system for students, at all levels, whose rights have been violated. 

7.  Special protection measures

Child labour

200.     The Committee notes the Isle of Man's reservation with respect to article 32 of the Convention and is concerned about the lack of information and adequate data on the situation with regard to child labour and economic exploitation in the island. 

201.     The Committee encourages the Isle of Man to consider withdrawing its reservation

to article 32 of the Convention.  The Committee recommends that the State party undertake a comprehensive study to assess the situation with regard to child labour in the Isle of Man.  Additionally, the Committee encourages the Isle of Man to introduce and/or strengthen, where appropriate, monitoring mechanisms to ensure the enforcement of labour laws and to protect children from economic exploitation, particularly in the informal sector.  The Committee also suggests that the State party consider extending to the Isle of Man ILO Convention No. 182 concerning the Elimination of the Worst Forms of Child Labour.  The Committee further suggests that the State party consider extending to the Isle of Man ILO Convention No. 138 concerning Minimum Age for Admission to Employment. 

Drug and substance abuse

202.     The Committee notes that the Isle of Man has elaborated a five year drug strategy and developed a drug prevention programme at the secondary school and college levels.  However, the Committee is concerned about the increasing incidence of drug abuse among youth on the island.  The Committee notes the introduction of an "arrest referral scheme" and welcomes any steps to divert child victims of drug abuse from entering the criminal justice system. 

203.     In the light of article 33 of the Convention, the Committee recommends that the

Isle of Man reinforce its programmes to guarantee greater protection of children against the illicit use of narcotic drugs and psychotropic substances and to prevent the use of children in the illicit production and trafficking of such substances.  The Isle of Man is also encouraged to continue its efforts to strengthen rehabilitation programmes for child victims of drug and substance abuse.

Juvenile justice

204.     The Committee notes the efforts of the Isle of Man in the area of juvenile justice, in particular the recent enactment of the Police Powers and Procedures Act (1998) which, inter alia, introduces additional safeguards for children under the age of 17 years who come into conflict with the law.  The Committee regrets that the Act does not provide adequate legal protection for all children below the age of 18 years.  The Committee notes that the Isle of Man legislature is currently considering the Criminal Justice Bill 2000, which is intended, inter alia, to prohibit the imposition of corporal punishment as a sentence by the island's courts.  The Committee is concerned about the dearth of information regarding the practical implementation of the legislative and policy initiatives undertaken in the juvenile justice system, particularly with respect to:

            (a)        The attempts to shorten the length of time before the hearing of juvenile cases; the adequacy of facilities for children in conflict with the law, including girls; and the availability of trained personnel to work with children in this regard;

            (b)        Adequate access to education, health, counselling and other rehabilitative services; and the availability of a complaints mechanism for children whose rights have been violated. 

205.     The Committee recommends that the State party submit, in its next periodic report,

additional information regarding the practical implementation of the legislative and policy initiatives undertaken in the Isle of Man within the juvenile justice system to ensure that:

            (a)        The juvenile justice system is reformed in the spirit of the Convention, in particular articles 37, 40 and 39, and of other United Nations standards in this field, such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty;

            (b)        Training programmes on relevant international standards are introduced for all professionals involved with the juvenile justice system;

            (c)        Deprivation of liberty is considered only as a measure of last resort and for the shortest possible period; the rights of children deprived of their liberty are protected, including their right to privacy; and children remain in contact with their families while in the juvenile justice system.

206.     The Committee encourages the Isle of Man to reinforce its efforts to enact the

Criminal Justice Bill 2000, which will prohibit by law the imposition of corporal punishment as a sentence by the island's courts.

8.  Ratification of the Optional Protocols

207.     The Committee recommends that the State party consider ratifying and extending

to the Isle of Man the two Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography. 

9.  Dissemination of reports

208.     The Committee recommends that, in the light of article 44, paragraph 6, of the

Convention, the initial report and written replies presented by the State party be made widely available to the public at large and that the publication of the report be considered, along with the concluding observations adopted thereon by the Committee and the relevant summary records.  Such a document should be widely distributed in order to generate debate and awareness of the Convention and its implementation and monitoring within the Government and the general public, including NGOs.

CONCLUDING OBSERVATIONS OF THE COMMITTEE ON THE RIGHTS

          OF THE CHILD:  UNITED KINGDOM OF GREAT BRITAIN AND

NORTHERN IRELAND ‑ OVERSEAS TERRITORIES

209.     The Committee considered the initial report of the United Kingdom of Great Britain and Northern Ireland ‑ Overseas Territories (CRC/C/41/Add.7 and 9), received on 26 May 1999, at its 647th and 648th meetings (see CRC/C/SR.647‑648), held on 21 September 2000, and adopted* the following concluding observations.

A.  Introduction

210.     The Committee welcomes the submission of the State party's initial report on the Overseas Territories, which followed the established guidelines, and the written replies to its list of issues (CRC/C/Q/UK‑OT/1).  The Committee is encouraged by the constructive, open and frank dialogue it had with the State party and welcomes the positive reactions to the suggestions and recommendations made during the discussion.  The Committee expresses its satisfaction that the delegation included representatives from a number of the Overseas Territories who are directly involved in the implementation of the Convention, which allowed for a fuller assessment of the situation of the rights of children in the Territories.

                                               

*  At the 669th meeting, held on 6 October 2000.

B.  Positive aspects

211.     The Committee welcomes the efforts of the State party in the area of early childhood health, evident in the high rate of immunization (90‑100 per cent coverage) and low incidence of vaccine preventable diseases, as well as the relatively low rate of infant and child mortality.

C.  Factors and difficulties impeding the implementation of the Convention

212.     The Committee acknowledges that the significant number of Overseas Territories, widely dispersed across the globe, have diverse cultures, as well as diverse levels of economic and social development and varying degrees of autonomy.  The Committee also notes the remoteness of some of the territories and their vulnerability to natural disasters.  In particular, the Committee notes the devastation caused by the eruption of the Soufriere Hills volcano in Montserrat, which destroyed approximately two thirds of the island.  The Committee further notes that their small size and the limited availability of skilled human resources adversely affect the full implementation of the Convention in the Overseas Territories.

D.  Subjects of concern and recommendations of the Committee

1.  General measures of implementation

Extension of the Convention and reporting

213.     The Committee is concerned that the Convention on the Rights of the Child has not yet been extended to all of the State party's Overseas Territories, including Gibraltar.  The Committee is also concerned that while the United Kingdom's notification (7 September 1994) to the United Nations regarding the extension of the Convention to the Overseas Territories indicated that the Convention had been extended to Henderson, Ducie, Oeno and South Georgia and the South Sandwich Islands, the State party report does not include information on these Territories.

214.     The Committee recommends that the State party submit, in it its next periodic

report, information on the measures taken to extend the Convention to all the Territories within its jurisdiction.  It also recommends that the State party take all appropriate measures to facilitate the timely submission of its reports on all of its Overseas Territories to which the Convention on the Rights of the Child has been extended.

Reservations to the Convention

215.     The Committee is concerned that the reservations made by the State party with respect to articles 32 and 37 (c) of the Convention on the Rights of the Child have not yet been withdrawn and are still applicable to the Overseas Territories.  It also notes with concern that the reservation to article 22 of the Convention made in respect to the Cayman Islands has not yet been withdrawn.

216.     In the light of the 1993 Vienna Declaration and Programme of Action, the

Committee encourages the State party to consider the possibility of reviewing the reservations with a view to their full withdrawal including with respect to all the Overseas Territories.

Legislation

217.     The Committee notes that efforts have been made in a number of the Overseas Territories to introduce legislative reform and facilitate the implementation of the Convention.  In this regard, the Committee notes that Bermuda has enacted the Children's Act (1998), the Child Abduction Act (1998), which gives effect to the Hague Convention on the Civil Aspects of Child Abduction, and the Domestic Violence (Protection Orders) Act (1997).  The Cayman Islands have enacted the Maintenance Law (1996 Revisions), the Youth (Detention Facility) Order (1996) and the Youth Justice Law (1995).  The Falkland Islands and St. Helena have both adopted a children's ordinance, in 1994 and 1996 respectively.  The Committee notes with concern that the Children's Law in the Cayman Islands, enacted in 1995, has not been brought into force and that additional amendments are due to be made to the law.  While the Committee notes the intention of a number of the Overseas Territories to introduce additional legislative reform, it remains concerned that domestic legislation in the Territories still does not fully reflect the principles and provisions of the Convention.

218.     The Committee recommends that the State party undertake a legal compatibility

review to ensure that domestic legislation in each of the Overseas Territories fully conforms with and positively reflects the principles and provisions of the Convention.  The Committee encourages the Cayman Islands to reinforce its efforts to amend and bring into force its Children's Law.  The Committee also encourages the adoption of comprehensive child rights codes in the Territories.

Coordination

219.     The Committee notes that mechanisms for coordinating the implementation of the Convention have been established in Bermuda, the British Virgin Islands, Montserrat and St. Helena.  However, it is concerned that similar efforts have not been made in all of the Overseas Territories.  The Committee is also concerned that national plans of action for children have not yet been elaborated in the Territories.  Concern is also expressed at the insufficient efforts made to involve non‑governmental organizations (NGOs) in the coordination and implementation of the Convention.

220.     The Committee recommends that the State party reinforce its efforts to ensure that

adequate resources (human and financial) are allocated to facilitate the effective functioning of those coordinating mechanisms already established in the Overseas Territories and to assist further in establishing mechanisms in Territories where they have not yet been established.  The Committee further encourages the Overseas Territories to undertake appropriate measures to elaborate and implement a national plan of action for children based on the principles and provisions enshrined in the Convention.  The Territories are encouraged to take all appropriate measures to facilitate the inclusion of NGOs in the promotion and implementation of the Convention.

Data collection

221.     The Committee notes with concern the lack of adequate data‑collection mechanisms in most of the Overseas Territories to ensure the collection of disaggregated data on all aspects of the Convention and effectively to monitor and evaluate progress achieved and assess the impact of policies adopted with respect to children.  In this context, the Committee notes that data collection in the Overseas Territories generally covers children up to the age of 15 years only.

222.     The Committee recommends that a comprehensive system of data collection be

introduced with respect to each of the Overseas Territories, incorporating all the areas covered by the Convention.  Such a system should cover all children below the age of 18 years, with specific emphasis on those who are particularly vulnerable, including children with disabilities; children living in poverty; children in the juvenile justice system; children born out of wedlock; teenage mothers; sexually abused children; institutionalized children; and children living in isolated island communities.

Monitoring mechanisms

223.     While the Committee notes the existence of the Human Rights Commission in Bermuda, the Child Protection Group in St. Helena and Complaints Commissioners in the British Virgin Islands and the Turks and Caicos Islands to handle complaints of violation of the rights of children, it is concerned that insufficient efforts have been made to establish focal points for children within these mechanisms.  The Committee also notes the intention of the Cayman Islands to establish an Ombudsman.  It is concerned that Anguilla, the Falkland Islands and Montserrat have not yet established independent mechanisms to register and address complaints from children concerning violations of their rights under the Convention.

224.     The Committee recommends the establishment of child rights focal points within the

human rights monitoring mechanisms in Bermuda, the British Virgin Islands, St. Helena and the Turks and Caicos Islands.  Additionally, the Committee recommends that all appropriate measures be taken to ensure that these mechanisms are independent, child friendly and accessible to children.  The Committee also encourages the establishment of independent, child‑friendly monitoring mechanisms in the other Overseas Territories to deal with complaints of violations of the rights of children and to provide remedies for such violations.  Such mechanisms should also include focal points for children.  The Committee further suggests that awareness‑raising campaigns should be undertaken to facilitate the effective use of monitoring mechanisms by children.

Budgetary allocations

225.     The Committee is concerned that, in the light of article 4 of the Convention, not enough attention has been paid in allocating budgetary resources in favour of the implementation of the economic, social and cultural rights of children "to the maximum extent of ... available resources".

226.     In the light of articles 2, 3 and 6 of the Convention, the Committee encourages the

State party to pay particular attention to the full implementation of article 4 of the Convention by prioritizing budgetary allocations to ensure implementation of the economic, social and cultural rights of children, to the maximum extent of available resources and, where needed, within the framework of international cooperation.

Dissemination of the principles and provisions of the Convention

227.     The Committee is concerned that insufficient efforts have been made to disseminate the principles and provisions of the Convention and that professional groups, children, parents and the public at large are generally not sufficiently aware of the Convention and the rights‑based approach enshrined therein.

228.     The Committee recommends that greater effort be made to ensure that the

provisions of the Convention are widely known and understood by adults and children alike.  The Committee also recommends the reinforcement of adequate and systematic training and/or sensitization of professional groups working with and for children, such as judges; lawyers; law enforcement personnel; teachers; school administrators; health personnel, including psychologists and social workers; and personnel of childcare institutions.  Efforts should also be made to raise awareness among the media about the rights of children.  The Committee further encourages the integration of the Convention into the curricula at all levels of the educational system in the Overseas Territories. 

2.  Definition of the child

229.     The Committee expresses concern regarding the low legal age of criminal responsibility in the Overseas Territories (8‑10 years).  Concern is also expressed at the low minimum age for the consumption of alcohol in private in the Falkland Islands (5 years).  Additionally, the Committee is concerned that the law in most of the Overseas Territories does not provide for the special protection and care of children who have attained the age of 17 years.

230.     The Committee recommends a review of domestic legislation in the Overseas

Territories, particularly as regards the legal age for criminal responsibility, to ensure full conformity with the provisions and principles of the Convention.  It further recommends that existing legislation be reviewed so as to guarantee adequate protection and care for all children below the age of 18 years.

3.  General principles

231.     The Committee wishes to express its concern that the State party does not appear to have fully taken into account the provisions of the Convention, especially its general principles, as reflected in its articles 2 (non‑discrimination), 3 (best interests of the child), 6 (survival and development) and 12 (respect for the views of the child), in its legislation, its administrative and judicial decisions, or in its policies and programmes relevant to children.

232.     It is the Committee's view that further efforts should be undertaken to ensure that

the principles of the Convention, in particular the general principles, not only guide policy discussion and decision‑making, but are also appropriately integrated in all legal amendments as well as in judicial and administrative decisions and in projects, programmes and services which have an impact on children.

Non‑discrimination

233.     The Committees notes that the State party has requested the authorities of the Overseas Territories to consider the introduction of specific legislation against racial discrimination and that some of the Territories have acceded to that request.  However, the Committee remains concerned that insufficient efforts have been made to ensure the full implementation of article 2 of the Convention and that discrimination based on gender, sexual orientation and birth status remains apparent in some of the Overseas Territories.  In this regard, the Committee notes that legislation, relating to these issues, particularly with respect to sexual abuse and exploitation, as well as the legal minimum age for sexual consent, refers only to girls and does not provide equal and adequate protection for boys.  Concern is expressed at the growing gender bias faced by boys evident, inter alia, in their academic underachievement in many of the Overseas Territories, especially the Falkland Islands and the Territories in the Caribbean.  The Committee also notes the disparity between the ages for sexual consent to heterosexual and homosexual relations in some of the Overseas Territories.  The Committee expresses concern that insufficient effort has been made in many of the Territories to prevent discrimination against teenage mothers and children born out of wedlock.

234.     The Committee recommends review of domestic legislation in the Overseas

Territories to ensure full compliance with article 2 of the Convention and to prevent and combat discrimination, especially as regards gender, sexual orientation and birth status.  In particular, the Territories should amend their legislation to ensure that boys are provided equal and adequate protection against sexual abuse and exploitation.  Additionally, the Committee recommends that all appropriate measures be taken to address discrimination arising from the socialization of boys and girls into inappropriate gender roles and the resulting determination of social attitudes concerning children based on gender.

Respect for the views of the child

235.     The Committee notes that in many of the Overseas Territories efforts have been made to ensure respect for the views of the child in family courts, in accordance with his or her evolving capacity.  However, it is concerned that insufficient efforts have been made in many of the Overseas Territories to ensure the full implementation of article 12 of the Convention.

236.     The Committee recommends that the Overseas Territories seek to reinforce the

necessary infrastructure and develop a systematic approach to increasing public awareness of the participatory rights of children and encourage respect for the views of the child within the family, communities, schools and care, administrative and judicial systems.

4.  Family environment and alternative care

Parental guidance and responsibility

237.     The Committee notes with concern the large number of single parent families in the Overseas Territories, especially in Bermuda and the Territories in the Caribbean.  The Committee also expresses concern at the apparent lack of legal protection with respect to the rights, including maintenance and inheritance rights, of children born out of wedlock from "visiting" or "common law" relationships in these Territories.  The Committee expresses further concern regarding the financial and psychological impact of visiting relationships on children. The lack of sufficient support and counsel in the areas of parental guidance and responsibilities are also matters of particular concern.  The Committee also notes with concern that the high rate of migration from the Territories in the Caribbean has also negatively affected parental responsibility and guidance.

238.     The Overseas Territories are encouraged to increase their efforts in

developing family education and awareness through, inter alia, providing support, including training for parents, parenting and in exercising joint parental responsibilities, in the light of article 18 of the Convention.  The Committee also recommends that the Overseas Territories take all appropriate measures, including of a legal nature, to ensure that the rights of children born out of wedlock are protected.  The Committee further recommends that the State party undertake a study on the situation of single parent families and visiting relationships in the Caribbean Territories and the impact (both financial and psychological) on children.

Alternative care

239.     While the Committee notes that legal and administrative processes have been established in all of the Overseas Territories to provide alternative care for children, it is concerned about the insufficient monitoring of placements in some of the alternative care programmes.  While the Committee notes that children from the Turks and Caicos Islands who cannot be placed locally with a relative or willing independent person are no longer sent to alternative care institutions in Jamaica, it is concerned at the lack of information about the current situation of alternative care facilities in the Turks and Caicos Islands.  Concern is expressed about the insufficiency of independent complaint mechanisms for children in alternative care institutions, as well as the lack of available trained personnel in this field.  Concern is also expressed at the continued practice of informal adoption in some of the Overseas Territories. 

240.     The Committee recommends that additional training, including in children's

rights, be provided for social and welfare workers and that independent complaints mechanisms be established for children in those Territories where there are alternative care institutions.  The Committee also recommends that consideration be given to the establishment of a code of standards to ensure the adequate care and protection of children deprived of a family environment.  In the light of articles 3 and 20 of the Convention, the Committee recommends a review of the alternative care programme in the Turks and Caicos Islands with a view to ensuring the best interests of the child.  In the light of article 21 of the Convention, the Committee recommends that the monitoring procedures for foster care and domestic and intercountry adoptions be strengthened.  Additionally, all appropriate measures should be taken to monitor the practice of informal adoption and to prevent abuse in this regard.  The Committee encourages the United Kingdom to consider extending the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption to the Overseas Territories.

Domestic violence, ill‑treatment and abuse

241.     The Committee notes the efforts of some of the Territories, in particular Bermuda, the Cayman Islands and the Falkland Islands, to provide greater protection and support to child victims of abuse and to introduce training for professionals, including police officers, working with and for child victims of abuse.  However, the Committee expresses its concern at the increasing incidence and lack of awareness of and information on domestic violence, ill‑treatment and abuse of children, including sexual abuse.   Concern is also expressed at the insufficient financial and human resources allocated, as well as the inadequate programmes established, to prevent and combat these concerns in many of the Territories.  The Committee notes with concern that the Overseas Territories, with the exception of Bermuda, have not introduced mandatory reporting of ill-treatment and abuse of children.  While the Committee is aware of the limitations of the Territories, primarily with respect to small size, it is concerned that insufficient efforts have been made to protect the right to privacy of child victims of abuse. 

242.     In the light of article 19, the Committee recommends that the State party

undertake studies on domestic violence, ill-treatment and sexual abuse in order to adopt adequate policy measures and contribute to changing traditional attitudes in all Overseas Territories.  The Committee also recommends that all appropriate measures be taken to introduce effective mechanisms for the timely reporting of ill‑treatment and abuse of children.  It further recommends that cases of domestic violence, ill-treatment and sexual abuse of children be properly investigated within a child-friendly judicial procedure, and sanctions applied to perpetrators, due regard being given to protecting the right to privacy of the child.  Measures should also be taken to ensure the physical and psychological recovery and social reintegration of victims, in accordance with article 39 of the Convention, and prevention of the criminalization and stigmatization of victims.

Corporal punishment

243.     The Committee expresses grave concern that corporal punishment is still widely practised in many of the Overseas Territories and that domestic legislation generally does not prohibit and eliminate its use in schools, care institutions and homes.  It also notes with concern that the British Virgin Islands is the only remaining Territory that has not yet prohibited by law the use of judicial corporal punishment.

244.     The Committee recommends that all appropriate measures, including of a

legislative nature, be taken to prohibit and eliminate all forms of corporal punishment within the school, juvenile justice and alternative care systems and in the home.  The Committee further suggests that awareness raising and education campaigns be conducted to change public attitudes and ensure that alternative forms of discipline are administered in a manner consistent with the child's human dignity and in conformity with the Convention, especially articles 19 and 28.2.

5.  Basic health and welfare

Adolescent health

245.     The Committee notes that the Caribbean Overseas Territories, including Anguilla, the British Virgin Islands, the Cayman Islands, Montserrat and the Turks and Caicos Islands, as well as Bermuda, took part in the Caribbean Youth Summit on Adolescent Sexual and Reproductive Health Rights, held in Barbados in 1998.  The Committee expresses its concern with respect to the insufficient programmes and services and the lack of adequate data in the area of adolescent health, including teenage pregnancy, abortion, HIV/AIDS and sexually transmitted diseases (STDs), drug abuse, violence and mental illnesses.  The Committee is particularly concerned at the high incidence of teenage pregnancy, particularly in the Territories in the Caribbean.

246.     The Committee encourages those Territories that took part in the Caribbean

Youth Summit on Adolescent Sexual and Reproductive Health Rights to follow up and, where appropriate, seek to implement the recommendations made at the Summit.  The Committee recommends that all appropriate measures be taken to increase the promotion of adolescent health policies and strengthen reproductive health education, including the promotion of male acceptance of the use of contraceptives.  The Committee further suggests that a comprehensive and multidisciplinary study be undertaken to understand the scope of adolescent health problems, including the special situation of children infected with, affected by or vulnerable to HIV/AIDS and STDs.  Additionally, it is recommended that the State party undertake further measures, including the allocation of adequate human and financial resources, to develop youth-friendly care, counselling, and rehabilitation services for adolescents in all the Overseas Territories.

Disabilities

247.     The Committee notes the efforts of the Overseas Territories, in particular Bermuda, the British Virgin Islands, the Cayman Islands, the Falkland Islands and St. Helena, to establish programmes for children with disabilities, including early intervention and school integration programmes.  The Committee expresses concern, however, at the absence of legal protection and the inadequate facilities and services for children with disabilities.  The Committee also notes with particular concern that since the volcano crisis in Montserrat, the trained special education teachers have migrated from the island.

248.     In the light of the Standard Rules on the Equalization of Opportunities for

Persons with Disabilities (General Assembly resolution 48/96, annex) and the Committee's recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, chap. IV.D), the Committee recommends that additional efforts be made to establish and/or enhance early identification programmes to prevent disabilities; to implement alternatives to the institutionalization of children with disabilities; to establish special education programmes for children with disabilities; and to encourage their inclusion in society.  The Committee further recommends that all appropriate measures be taken to ensure that adequate resources are allocated for the effective implementation of programmes for children with disabilities.  Additional training for professional staff working with and for children with disabilities is also recommended.  The Committee recommends that the State party take all appropriate measures to facilitate the recruitment and training of special education teachers in Montserrat.

Right to an adequate standard of living

249.     While the Committee is aware of the relatively high standard of living enjoyed by most of the Overseas Territories, it is concerned that the standard of living in Montserrat has declined significantly since the volcanic eruption which destroyed two thirds of the island.  While it is noted with appreciation that all the families with children have been moved from shelters and provided with homes, the Committee is concerned about the psychological impact of the disaster on children.  While the Committee notes that two new primary schools and a new hospital have been built, it is concerned that the programmes and services for children have not yet been fully restored since the volcanic eruption.  Additionally, the Committee is concerned that the children living in Anguilla, St. Helena and its dependencies, and the Turks and Caicos Islands do not enjoy an equal and adequate standard of living, as compared with children living in the other Overseas Territories.

250.     In accordance with article 27 of the Convention, the Committee encourages

the State party to increase its efforts to provide material assistance and support to economically disadvantaged families and to guarantee the right of children to an adequate standard of living, especially those affected by the disaster in Montserrat and those living in Anguilla, St. Helena and its dependencies, and the Turks and Caicos Islands.  The Committee  encourages the State party to undertake a study to assess the impact, including the psychological impact, of the disaster on the children of Montserrat, with a view to ensuring adequate support and where necessary, counselling for children and parents.

6.  Education, leisure and cultural activities

251.     While recognizing the efforts made by the State party in the area of education, the Committee remains concerned at the increasing incidence of truancy and the number of drop‑outs from school in some of the Territories, especially the Turks and Caicos Islands and Montserrat.  With regard to access to education, the Committee notes with concern that the travelling teacher service in the Falkland Islands does not include secondary schools and that children from Camp must attend secondary school in Stanley, where they are accommodated in government hostels for which their parents must pay.  The Committee also notes with concern the academic under‑achievement of boys in some of the Overseas Territories, including the Falkland Islands and the Caribbean Territories.  Concern is also expressed that while the new

nationality policy of the United Kingdom provides full citizenship to nationals of the Overseas Territories, students from these Territories who wish to pursue further studies in the United Kingdom continue to pay more in tuition fees than students from the United Kingdom.

252.     The Committee recommends that all appropriate measures be taken to prevent

and discourage truancy and further to encourage children, especially boys, to stay in school, particularly during the period of compulsory education.  The Committee urges the State party to undertake a study on the academic under-achievement of boys, with a view to understanding the scope and nature of the problem and to enhancing the academic achievement of boys, particularly in the Caribbean Territories and the Falkland Islands.  It is recommended that the Falkland Islands take all appropriate measures to ensure that the inability to pay does not limit or prevent adequate and equal access to education for children from Camp.  The Committee recommends that the State party review its higher education policies to ensure non-discrimination against nationals from the Overseas Territories in the payment of fees when they pursue studies in the United Kingdom.

7.  Special protection measures

Refugee and internally displaced children

253.     The Committee is concerned about the situation of families in Montserrat who have been displaced since the volcanic eruption in 1997.  Concern is also expressed about the relatively slow pace at which programmes and services, including access to adequate housing, education and health services, are being re-established in Montserrat for internally displaced families.  Additionally, concern is expressed regarding the lack of information on the situation of families that have left Montserrat to take refuge in neighbouring countries and Territories, as well as those who have settled in the United Kingdom. 

254.     The Committee recommends that the State party take all appropriate measures

to improve the situation of internally displaced families, including their access to adequate housing, education and health services.  The Committee recommends that the State party submit, in its next periodic report, information concerning the situation of families that have left Montserrat to take refuge in neighbouring countries and Territories, and the arrangements made (at the bilateral or regional levels) to facilitate their transition.  In this connection, the Committee further recommends that the State party also provide information on the situation of those families from Montserrat who have settled in the United Kingdom as a result of the disaster.

Landmines

255.     While the Committee notes that the State party has undertaken to evaluate the feasibility and cost of clearing the remaining landmines in the Falkland Islands, it is concerned that efforts have not been made to locate and clear the landmines since the end of the conflict in 1982.

256.     The Committee strongly recommends that the State party take all appropriate

measures to locate and clear the landmines in the Falkland Islands, promote awareness about the potential dangers and prevent accidents involving children and landmines.  The Committee encourages the State party to consider extending the 1997 Convention on the Prohibition of the Use, Production, Transfer and Stockpiling of Anti-Personnel Landmines and on Their Destruction to the Overseas Territories, in particular the Falkland Islands.

Child labour

257.     In the light of the socio-economic situation in some of the more economically disadvantaged Overseas Territories and the high truancy rate, particularly for males, the Committee is concerned about the lack of information and adequate data on the situation of child labour and economic exploitation in the Overseas Territories.

258.     The Committee recommends that the State party undertake a comprehensive

study to assess the situation of child labour in the Overseas Territories.  Additionally, the State party is encouraged to introduce and/or strengthen, where appropriate, monitoring mechanisms to ensure the enforcement of labour laws and to protect children from economic exploitation, particularly within the informal sectors in these Territories.  The Committee suggests that the State party consider extending to the Overseas Territories ILO Convention No. 182 concerning the Elimination of the Worst Forms of Child Labour.  The Committee further suggests that the State party consider extending to the Overseas Territories ILO Convention No. 138 concerning Minimum Age for Admission to Employment.

Drug and substance abuse

259.     The Committees notes the efforts of the State party at both the national and regional levels regarding drug demand reduction and narcotics control.  However, the Committee remains concerned at the high incidence of drug and substance abuse, particularly among youth in Bermuda and the Caribbean Overseas Territories.  Concern is also expressed at the insufficient medical and rehabilitative programmes and services available to child victims of drug and substance abuse.

260.     In the light of article 33 of the Convention, the Committee recommends that

the State party enhance its efforts, including through administrative, social and educational means, to protect children from the illicit use of narcotic drugs and psychotropic substances and to prevent the use of children in the illicit production and trafficking of such substances.  It encourages the State party to strengthen its rehabilitation programmes for child victims of drug and substance abuse. 

Sexual exploitation and sexual abuse

261.     The Committee notes with concern the lack of information concerning the situation of commercial sexual exploitation of children, including prostitution and pornography.  The Committee also notes that lack of programmes for the physical and psychological recovery and social reintegration of children victims of such abuse and exploitation, particularly in Bermuda and some of the Caribbean Territories, where there is apparent cause for concern.

262.     In the light of article 34 and other related articles of the Convention, the Committee recommends that the State party undertake studies with a view to understanding the scope of the problem and implementing appropriate policies and measures, including for the physical and psychological recovery and social reintegration of victims.  The Committee recommends that the State party take into account the recommendations formulated in the Agenda for Action adopted at the World Congress against Commercial Sexual Exploitation of Children, held in Stockholm in 1996.

Juvenile justice

263.     The Committee notes that legislation relating to juvenile justice has been enacted in all of the Overseas Territories.  While the Committee appreciates the legal abolition of judicial corporal punishment in most of the Overseas Territories, it is concerned that the bill to abolish it in the British Virgin Islands has not yet been enacted.  The Committee also expresses concern about:

            (a)        The length of time before the hearing of juvenile cases; the lack of confidentiality accorded in cases involving juveniles; the holding of minors in adult detention facilities; the inadequacy of facilities for children in conflict with the law, including girls; the insufficient numbers of trained personnel to work with children in this regard; and the lack of legal aid programmes;

            (b)        The inadequate access to education, health, counselling and other rehabilitative services; and the lack of a complaints mechanism for children whose rights have been violated. 

264.     The Committee recommends, with regard to the Overseas Territories, that the

State party:

            (a)        Take additional steps to reform the juvenile justice system in the spirit of the Convention, in particular articles 37, 40 and 39, and of other United Nations standards in this field, such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty;

            (b)        Consider deprivation of liberty only as a measure of last resort, for the shortest possible time and only for serious offences; protect the rights of children deprived of their liberty, including the right to privacy; ensure that children remain in contact with their families while in the juvenile justice system; ensure that children are provided adequate access to education, health, counselling and other rehabilitative services; and introduce complaints mechanisms for children whose rights have been violated;

            (c)        Introduce training programmes on relevant international standards for all those professionals involved with the juvenile justice system.

265.     The Committee further recommends that the British Virgin Islands reinforce

efforts to enact the bill introduced into the Legislative Council to abolish the use of judicial corporal punishment in the islands.

8.  Ratification of the Optional Protocols

266.     The Committee recommends that the State party consider ratifying and

extending to the Overseas Territories the two Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography. 

9.  Dissemination of documents from the reporting process

267.     The Committee recommends that, in the light of article 44, paragraph 6,

of the Convention, the initial report and written replies presented by the State party be made widely available to the public at large and that the publication of the report be considered, along with the concluding observations adopted thereon by the Committee and the relevant summary records.  Such a document should be widely distributed in order to generate debate and awareness of the Convention and its implementation and monitoring within the Government and the general public, including NGOs.

CONCLUDING OBSERVATIONS OF THE COMMITTEE ON

THE RIGHTS OF THE CHILD:  TAJIKISTAN

268.     At its 653rd and 654th meetings (see CRC/C/SR.653-654), held on 26 September 2000, the Committee on the Rights of the Child considered the initial report of Tajikistan  (CRC/C/28/Add.14), which was received on 14 April 1998, and adopted* the following concluding observations.

A.  Introduction

269.     The Committee regrets that the State party report was not prepared in accordance with the guidelines for reporting.  In this regard, the detailed information provided in the responses to the list of issues were very much appreciated.  The Committee welcomes the presence of a high‑level delegation, which contributed to an open dialogue.

B.  Positive aspects

270.     The Committee welcomes the adoption of numerous legislative and administrative measures related to the rights of children, as well as the draft State programme on education in human rights.

271.     The Committee notes with appreciation that the State party has ratified the six major international human rights instruments and has undertaken cooperation with the international community in the field of human rights.  In particular, the Committee welcomes the State party's cooperation with the Office of the High Commissioner for Human Rights with respect to reporting under human rights treaties.

C.  Factors and difficulties impeding the implementation of the Convention

272.     The Committee notes that the State party has had to face serious economic and social challenges during the past few years posed by the transition to a market economy and the civil war, including increased unemployment, poverty and corruption, which have had an especially severe impact on children belonging to the most vulnerable segments of society.

273.     The Committee notes that continuing civil unrest and the recent drought have seriously affected the physical security and survival of the population, especially children.

D.  Principal subjects of concern and recommendations of the Committee

1.  General measures of implementation

Coordination, budgetary allocation and cooperation with civil society

274.     Noting that the State party has adopted various legislative and administrative measures relating to children's rights, the Committee is concerned that the implementation of these measures is impeded by several factors, namely deficiencies in coordination, budgetary allocation and resources, and the involvement of civil society.

275.     The Committee is concerned that there remains a lack of administrative coordination and cooperation at the national and local government levels in the implementation of the Convention.

276.     In the light of the 1993 Vienna Declaration and Programme of Action (para. 71), the Committee recommends that the State party pursue the preparation and development of a comprehensive national plan of action to implement its obligations under international human rights instruments, including the Convention, through an open and consultative process.  Attention should be given to intersectoral coordination and cooperation at and between national and local levels of government.  The Committee recommends that the State party provide adequate support to the local authorities, including the development of professional capacity, for the implementation of the Convention.

277.     The Committee is concerned that insufficient attention has been paid to article 4 of the Convention regarding the implementation to the "maximum extent of ... available resources" of the economic, social and cultural rights of children.  While appreciating that the decentralization of services allows the local authorities to respond better to local needs, the Committee emphasizes that the State party is responsible for ensuring that resources reach the most vulnerable groups. 

278.     The Committee recommends that the State party develop ways to assess systematically the impact of budgetary allocations on the implementation of child rights.  The Committee recommends that the State party ensure adequate distribution of resources at the national and local levels - where needed, within the framework of international cooperation.  Moreover, the Committee recommends that the State party's obligations under the Convention should be taken into account in all aspects of its negotiations with international financial institutions and other donors, to ensure that the economic, social and cultural rights of children, particularly children belonging to the most vulnerable groups, are not undermined. 

279.     The Committee is concerned that insufficient efforts have been made to involve civil society in the implementation of the Convention. 

280.     Recognizing that the process of transition has led to the dismantling of many public social regulators, the Committee emphasizes the important role civil society plays as a partner in implementing the provisions of the Convention, including with respect to civil rights and freedoms, ill-treatment and juvenile justice.  The Committee recommends that the State party consider systematically involving civil society, especially children's associations and advocacy groups, throughout all stages of the implementation of the Convention, including policy-making.  In this regard, a reduction of the registration fees for NGOs could be a first step in facilitating their participation.  The Committee also recommends that greater efforts be made to involve relevant State actors, such as local government officials, and the police in the dialogue with civil society; and encourages the State party to support initiatives aimed at strengthening the role of civil society and to equip it with the knowledge and skills essential for working in partnership with local communities and local government.

Independent/monitoring structures

281.     The Committee is concerned that disaggregated data for persons under 18 years of age relating to the rights contained in the Convention is not systematically collected and used effectively to assess progress and design policies to implement the Convention.

282.     The Committee recommends that the State party ensure that the State Statistical Agency systematically collects data concerning persons under the age of 18 and that a mechanism is established to analyse the data.  The Committee encourages the State party to seek technical assistance from, inter alia, UNICEF, in this regard.

283.     The Committee emphasizes the importance of setting up an independent mechanism with the mandate of regularly monitoring and evaluating progress in the implementation of the Convention at the national and local levels.

284.     The Committee encourages the State party to continue its discussions relating to the establishment, in accordance with the Paris Principles relating to the status of national institutions (General Assembly resolution 48/134), of a national human rights institution to monitor and evaluate progress in the implementation of the Convention.  The Committee encourages the State party to seek technical assistance from, inter alia, the Office of the High Commissioner for Human Rights and UNICEF.

Training/dissemination of the Convention

285.     Although the Convention is binding and has the force of law, the Committee is concerned at the low level of awareness of the Convention amongst the judiciary, lawyers and the general public, including children.  The Committee is concerned that the State party is not undertaking adequate dissemination and awareness-raising activities in a systematic and targeted manner. 

286.     The Committee recommends that the State party develop an ongoing programme for the dissemination of information regarding the implementation of the Convention among children and parents, civil society and all sectors and levels of government.  Moreover, the Committee recommends that the State party strengthen its efforts and develop systematic and ongoing training programmes on the provisions of the Convention for all professional groups working with children (e.g. legislators, judges, lawyers, law enforcement officials, civil servants, local government officials, personnel working in institutions and places of detention for children, teachers, health personnel, including psychologists, and social workers).  The Committee encourages the State party to seek technical assistance from, inter alia, the Office of the High Commissioner for Human Rights, and UNICEF, in this regard.

2.  General principles

Non-discrimination

287.     The Committee is concerned at the prevailing disparities in the enjoyment of their rights by children in Tajikistan.  In particular, the Committee is concerned at the situation of:  children living in institutions; children in regions of the country, which are lagging behind in socio‑economic development and experiencing civil unrest; internally displaced, refugee and asylum‑seeking children; and children of rural families.  The Committee is concerned that the guarantee of non-discrimination in article 2 of the Convention may be jeopardized by the introduction of fees for State health and education services, which may pose barriers to access by low-income households.

288.     The Committee recommends that the State party take all necessary measures to ensure that all children within its jurisdiction enjoy all the rights set out in the Convention without discrimination, in accordance with article 2.  The Committee also recommends that the State party prioritize and target social services for children belonging to the most vulnerable groups.

289.     The Committee is concerned that discrimination on the grounds of gender persists de facto, and expresses its concern at the persistence of negative stereotypical attitudes relating to the roles and responsibilities of women and men.  In particular, the Committee is concerned that families that cannot afford the costs imposed by school attendance, frequently give preference to the education of male children.

290.     The Committee encourages the State party to launch comprehensive public education campaigns to prevent and combat gender discrimination, particularly within the family.

Respect for the views of the child

291.     In the light of article 12 of the Convention, the Committee is concerned that respect for the views of the child in schools, care institutions, the courts and, especially, within the family remains limited owing to traditional societal attitudes towards children.

292.     The Committee encourages the State party to promote and facilitate within the family and in schools, care institutions and the courts respect for the views of children, and their participation in all matters affecting them, in accordance with article 12 of the Convention.  In this regard, the Committee recommends that the State party develop skills‑training programmes in community settings for teachers, social workers and local officials to assist children to express their informed decisions and to have these views taken into consideration.

3.  Civil rights and freedoms

Birth registration

293.     Given that lack of timely birth registration can have negative consequences for the full enjoyment by children of their fundamental rights and freedoms, the Committee is seriously concerned that many parents in rural areas, particularly internal migrants, fail to register their children owing to a lack of knowledge about its necessity, lack of access to registration facilities, lack of documentation and inability to pay registration fees.

294.     In the light of article 7 of the Convention, the Committee recommends that the State party make greater efforts to ensure free and timely registration of all births, and take measures with regard to training and awareness-raising concerning registration in rural areas.  The Committee encourages such steps as the establishment of mobile registration offices and of registration units in schools and health facilities. 

Protection from torture and inhuman or degrading treatment or punishment 

295.     The Committee is concerned at numerous and continuing reports of ill-treatment of persons under the age of 18 by the militia, including psychological intimidation, corporal punishment and torture.  The Committee is also concerned that victims of such treatment are largely from vulnerable groups, such as children living and/or working on the streets; and that fear of reprisals and inadequate complaints procedures discourage children and their parents from filing complaints. 

296.     In the light of article 37 of the Convention and the Code of Conduct for Law Enforcement Officials, adopted by the General Assembly in its resolution 34/169 of 17 December 1979, the State party should take all necessary and effective steps to prevent incidents of ill-treatment by law enforcement officials.  The Committee recommends that the State party provide the militia with training on how to deal with persons under the age of 18; ensure that persons are adequately informed of their rights when they are detained; ensure that complaints procedures are simplified so that responses are appropriate, timely, child-friendly and sensitive to victims; and provide rehabilitative support to victims.

4.  Family environment and alternative care

Children deprived of a family environment

297.     The Committee is concerned about the large number of children, especially children with disabilities, who are abandoned or are otherwise deprived of a family environment.  It is also concerned that foster care, or other forms of family-based alternative care, are not sufficiently developed and available, and that, as a result, children are placed in institutions which, owing to lack of resources, provide children with very low quality housing and care.  Further, the Committee is concerned at the absence of effective mechanisms for children to communicate concerns and complaints about their placement.  Moreover, in the light of article 25 of the Convention, the Committee is concerned at the inadequate system to review placement, monitoring or follow-up of the situation of children in institutions. 

298.     The Committee recommends that the State party take effective measures, including the development of strategies and awareness-raising activities, to reduce and prevent the abandonment of children.  In particular, the Committee recommends that the State party promote the family as the best environment for the child, through counselling and community-based programmes to assist parents to keep children at home.  Furthermore, in cases where placement of children is necessary, it recommends that the State party provide, promote and strengthen, as much as possible, foster care, family-type foster homes and other family-based alternative care.  The Committee recommends that the State party place children in institutions only as a last resort; take all necessary measures to improve infrastructure; and improve the quality of care through adequate training of and support for all personnel.  The Committee also recommend that the State party establish effective mechanisms to receive and address complaints from children in care; monitor standards of care; and establish regular periodic review of placement.  Assistance should be sought from, inter alia, UNICEF.

Adoption

299.     The Committee is concerned about the absence of national adoption standards, particularly in relation to foster and adoptive family screening.  The Committee is also concerned at the absence of mechanisms to review, monitor and follow up adoptions, and of statistics on foster care and adoption. 

300.     The Committee recommends that the State party establish a comprehensive national policy and guidelines governing adoption and screening capacity, and establish a central monitoring mechanism in this regard.  The Committee also recommends that the State party consider acceding to the 1993 Hague Convention on the Protection of Children and Co-operation in Respect of InterCountry Adoption.

Violence/abuse/neglect/maltreatment

301.     The Committee is concerned at the incidence of ill-treatment of children in the family, in institutions and in school.  The Committee is also concerned that violence against women is a problem in Tajikistan and that this has harmful consequences on children.

302.     In the light of articles 19 and 39 of the Convention, the Committee recommends that the State party ensure that all forms of physical and mental violence, including corporal punishment and sexual abuse, against children in the family, in schools and in care institutions are prohibited.  The Committee recommends that measures to that effect be accompanied by public education campaigns about the negative consequences of ill‑treatment of children.  The Committee recommends that the State party promote positive, non-violent forms of discipline as an alternative to corporal punishment, especially in the home and schools.  Programmes for the rehabilitation and reintegration of abused children need to be strengthened.  Moreover, adequate procedures and mechanisms need to be established to:  receive complaints; monitor, investigate and prosecute instances of ill‑treatment; and ensure that the abused child is not victimized in legal proceedings.  Attention should be given to addressing and overcoming socio-cultural barriers that inhibit victims from seeking assistance.  The Committee recommends that the State party seek assistance from, inter alia, UNICEF and WHO.

5.  Basic health and welfare

Children with disabilities

303.     The Committee is concerned at the prevailing poor situation of children with disabilities.  In particular, the Committee is concerned at the practice of institutionalizing children with disabilities and that access to services such as rehabilitation and education are limited and severely strained.

304.     The Committee recommends that the State party review existing policies and practice in relation to children with disabilities, taking due account of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and of the Committee's recommendations adopted on its day of general discussion on children with disabilities (CRC/C/69, para. 338), and that it ensure they enjoy all the rights contained in the Convention.  The Committee also recommends that the State party:  provide early childhood care and special education for children with disabilities; develop early identification programmes to prevent disabilities; and provide services for children with learning disabilities and behavioural disorders.  Awareness campaigns which focus on prevention, inclusive education, family care and the promotion of the rights of children with disabilities need to be undertaken.  Adequate support, supervision and training should be given to persons working with these children.  The Committee encourages the State party to seek assistance from, inter alia, UNICEF, UNESCO and WHO.

Right to health and health services

305.     As a priority, the Committee is seriously concerned at the deterioration in the health of the most vulnerable groups, especially women and children, and in the quality of health services.  In particular, the Committee notes the increase in communicable diseases, including vaccine‑preventable diseases, and the increase in childhood malnutrition. 

306.     The Committee recommends that the State party ensure that its commitment to primary health care, including implementation of the Integrated Management of Childhood Illnesses strategy, is met by the adequate allocation of human and financial resources and that all children, especially from the most vulnerable groups, have access to health care.  The Committee also recommends that the State party undertake awareness-raising campaigns to ensure families are adequately informed of the need to register at polyclinics. 

307.     The Committee is concerned at the insufficient data available on the developmental health needs of adolescents in Tajikistan.

308.     The Committee recommends that the State party undertake a comprehensive study in order to understand the nature and extent of adolescent health problems, and with the full participation of adolescents, use this as a basis to formulate adolescent health policies and programmes.   In the light of article 24, the Committee also recommends that adolescents have access to and be provided with reproductive health education, child‑friendly counselling and rehabilitation services, and that STD and HIV/AIDS prevention programmes be undertaken.  The Committee further recommends that the State party establish comprehensive family planning programmes, as well as measures to ensure that abortion is not perceived as a method of contraception.  The State party is encouraged to continue cooperation with and seek assistance from, inter alia, UNICEF and WHO.

6.  Education, leisure and cultural activities

Right and aims of education

309.     The Committee is seriously concerned at the deterioration in the quality of education, especially infrastructure, teaching and curricula.  The Committee is concerned at declining pre‑school enrolment and the persistence of high drop-out, repetition, and absenteeism rates in primary and secondary schools. 

310.     The Committee recommends that the State party take all necessary measures to allocate the required human and financial resources to implement effectively the Education for All strategic programme.  The Committee also recommends that the State party take due account of the aims of education laid down in article 29 and consider introducing human rights, including the Convention on the Rights of the Child, into the school curricula, including at the primary school level.  The Committee further recommends that the State party promote the importance of pre-school education, especially among low‑income households, and encourage informal community schemes in this regard.  In addition, the Committee recommends that the State party promote the participation of parents and communities, especially ethnic minorities, in school governance, in order to improve enrolment rates and to monitor the quality of education.  The Committee encourages the State party to seek assistance from, inter alia, UNICEF and UNESCO.

7.  Special measures of protection

Asylum-seeking and refugee children

311.     The Committee is concerned at the situation of Tajik returnees following the civil war, and of Afghan refugee and asylum-seeking children as a result of the conflict in Afghanistan.  The Committee is also concerned that the issue of documentation is a serious problem for non‑nationals, especially asylum-seekers.

312.     The Committee recommends that the State party establish and implement a functional system of family reunification in order better to protect children from being separated from their parents.  The Committee recommends that the State party:  undertake effective public education campaigns to inform asylum-seekers, especially those who have newly arrived, about asylum procedures and the importance for children to have documentation; provide practical assistance in obtaining birth certificates for every child and adequate procedures for the replacement of lost identity and travel documents; and establish a system for refugee and asylum-seeking children to have their own documentation.  The Committee encourages the State party to continue and expand its cooperation with international agencies such as, inter alia, UNHCR and UNICEF.

Children and armed conflict, and their rehabilitation

313.     The Committee expresses its concern at the negative impact on children of reports of recent armed civil unrest.

314.     In the light of article 38 and other relevant articles of the Convention, the Committee recommends that the State party at all times ensure respect for human rights and humanitarian law aimed at the protection and care of children affected by armed conflict, and provide care and physical rehabilitation and psychological recovery measures for these children.

Economic exploitation

315.     The Committee is concerned that the negative effects of the current economic crisis have resulted in an increasing number of children dropping out of school and taking up work.  The Committee expresses its concern at children working in the informal sector, especially children from rural backgrounds who may be at special risk, many of whom are working in hazardous conditions in agriculture, with little or no training on safety precautions.

316.     The Committee recommends that the State party ensure that the minimum age for admission to employment is enforced.  Employers should be required to have and produce on demand proof of age of all children working on their premises.  An effective labour inspectorate to monitor the implementation of standards at State and local levels should be established and empowered to receive and address complaints of violations.  The Committee also recommends the State party to undertake a national survey on the nature and extent of child labour.  The Committee further recommends that the State party carry out campaigns to inform and sensitize the general public, especially parents and children, of work hazards.  In addition, recommends that the State party ratify ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour.  The State party should seek assistance from, inter alia, ILO. 

Sexual exploitation and sexual abuse

317.     The Committee is concerned at the increase in the prostitution and trafficking of children and women and the absence of an effective, comprehensive and integrated approach to prevent and combat these phenomena.  The Committee is also concerned at the insufficient data and awareness of the phenomena of commercial sexual exploitation of children in Tajikistan.

318.     The Committee recommends that the State party undertake a national study on the nature and extent of commercial sexual exploitation of children, and that disaggregated data be compiled and kept up to date to serve as a basis for designing measures and evaluating progress.  The Committee also recommends that the State party review its legislation and ensure that it criminalizes the sexual abuse and exploitation of children, and penalizes all the offenders involved, whether local or foreign, while ensuring that the child victims of this practice are not penalized.  The Committee further recommends that the State party:  ensure that domestic laws concerning the sexual exploitation of children are gender neutral; provide civil remedies in the event of violations; ensure that procedures are simplified so that responses are appropriate, timely, child-friendly and sensitive to victims; make provisions to protect from discrimination and reprisals those who expose violations; and vigorously pursue enforcement.  Rehabilitation programmes and shelters should be established for child victims of sexual abuse and exploitation.  There is a need to train adequately personnel working with child victims.  The Committee recommends that the State party carry out awareness-raising campaigns to sensitize and mobilize the general public on the child's right to physical and mental integrity and safety from sexual exploitation.  Bilateral and regional cooperation, involving cooperation with neighbouring countries, should be reinforced. 

Administration of juvenile justice

319.     The Committee is concerned at the poor quality of the administration of justice for juvenile offenders and the lack of a juvenile justice system.

320.     The Committee recommends the State party take all measures to fully integrate into its legislation and practice the provisions of the Convention, in particular articles 37, 40 and 39, as well as other relevant international standards in this area, such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty and the Vienna Guidelines for Action on Children in the Criminal Justice System.  Facilities and programmes for the physical and psychological recovery and social reintegration of juveniles should be developed.  The Committee also recommends that the State party seek assistance from, inter alia, the Office of the United Nations High Commissioner for Human Rights, the Centre for International Crime Prevention, the International Network on Juvenile Justice and UNICEF, through the Coordination Panel on Technical Advice and Assistance on Juvenile Justice.

8.  Optional Protocols to the Convention on the Rights of the Child

321.     The Committee encourages the State party to ratify and implement the Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, and on the involvement of children in armed conflict.

9.  Dissemination of the report and the Committee's recommendations

322.     Finally, the Committee recommends that, in accordance with article 44, paragraph 6, of the Convention, the initial report presented by the State party be made widely available to the public at large and that consideration be given to the publication of the report along with the written answers to the list of issues raised by the Committee, the relevant summary records of the discussion and the concluding observations adopted by the Committee following its consideration of the report.  Such a document should be widely distributed in order to generate debate and awareness of the Convention and its implementation and monitoring within the Government, the Parliament and the general public, including concerned non‑governmental organizations.

CONCLUDING OBSERVATIONS OF THE COMMITTEE ON

THE RIGHTS OF THE CHILD:  COLOMBIA

323.     The Committee considered the second periodic report of Colombia (CRC/C/70/Add.5) at its 655th and 656th meetings (see CRC/C/SR.655‑656), held on 27 September 2000, and adopted* the following concluding observations.

A.  Introduction

324.     The Committee welcomes the wealth of information provided in the State party's second periodic report, but it regrets that the report does not follow its guidelines.  The Committee notes with appreciation the timely submission of the written replies to the list of issues (CRC/C/Q/COL/2).  The Committee further appreciates the presence of a delegation directly involved in the implementation of the Convention in the State party, which allowed the Committee to have a full assessment of the situation of the rights of the child in the State party.  The Committee is encouraged by the constructive and open dialogue it had with the State party's delegation.

B.  Follow-up measures undertaken and progress achieved by the State party

325.     The State party's accession to the Inter-American Convention to Prevent, Sanction and Eradicate Violence against Women (Belem do Pará, 1995), the Hague Convention on the Civil Aspects of International Child Abduction (1994) and the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (2000) is regarded as a positive measure.

326.     The establishment of structures for the promotion and protection of children's rights, such as the Oidor del Niño, and of the children section within the Office of the Ombudsman (Defensor del Pueblo) are welcomed by the Committee as follow-up measures to its recommendations (see CRC/C/15/Add.30, para. 14).

327.     The Committee welcomes the memorandum of understanding signed between the Government of Colombia and the Office of the High Commissioner for Human Rights (1996) for the establishment of a human rights monitoring office and advisory services programme.

328.     The enactment of Law 49-99 (December 1999), raising the minimum age for recruitment for military service to 18 years, is regarded as a positive measure by the Committee.

329.     In the light of its recommendation (CRC/C/15/Add.30, para. 19), the Committee welcomes the State party's conclusion of the domestic process for the ratification of ILO Convention No. 138 concerning Minimum Age for Admission to Employment (1973).

330.     The Committee welcomes the fact that the State party initiated, organized and hosted, in cooperation with UNICEF, the Latin American and Caribbean Regional Summit for Children (1998), to evaluate the goals established for this region during the 1990 World Summit for Children and their achievement.

C.  Factors and difficulties impeding further progress in

                                    the implementation of the Convention

331.     Although the State party is undertaking efforts to find a peaceful solution to the ongoing armed conflict, the Committee is concerned that the general climate of violence largely caused by or related to this conflict is not only negatively affecting the implementation of the Convention but has led to systemic violations of children's rights.

332.     The Committee is also concerned about the direct effects of the armed conflict:  the high death toll, large‑scale internal displacement of children and their families, and the destruction of educational and health infrastructure and of water collection, purification and distribution systems, of the national economy, of agricultural production and of communication infrastructure, all of which have a very negative impact on the development of children and seriously hamper the implementation of many of the rights of the majority of children in the State party.

333.     Concern is also expressed that widespread poverty and long-standing economic and social disparities are still affecting the most vulnerable groups, including children, and hampering the enjoyment of their rights in the State party.  This situation has been particularly aggravated by severe economic crises and drastic economic reforms.

D.  Principal subjects of concern and recommendations

1.  General measures of implementation

Children's rights and the peace process

334.     In view of the overwhelmingly negative impact of the armed conflict on the life of Colombian children, the Committee is deeply concerned that no consideration has been given to inclusion and respect for the rights of the child in the ongoing peace negotiations in the State party.

335.     The Committee urges the State party to ensure that the protection of the rights of the child are a high priority on the agenda of the ongoing peace negotiations and throughout the process of consolidating peace in the aftermath of the conflict.  In this context, the Committee urges the State party to implement the recommendations made by the Security Council in its resolution 1261 (1999).

Legislation

336.     The Committee remains concerned that the State party's legislation on children's rights is still not fully compatible with the principles and provisions of the Convention, particularly because the efforts to revise the Code of Minors (1989), which started in 1995, are dragging.

337.     The Committee recommends that the State party review its existing legislation and harmonize it with all the provisions of the Convention.  It also recommends that the State party reactivate the process initiated to revise the Code of Minors (1989).  Such a process should include the participation of all sectors involved in the promotion and protection of children's rights and should be completed as soon as possible.

Coordination

338.     The Committee remains concerned about the limited steps taken to ensure effective coordination between existing institutions working on the implementation of the Convention.

339.     The Committee reiterates its recommendation (see CRC/C/15/Add.30, para. 14) that the State party undertake measures to ensure effective coordination among existing institutions working on the implementation of the Convention at the national, regional and local levels.  Greater efforts should be made to ensure closer cooperation with non‑governmental organizations working in the field of children's rights.

Institutional reform

340.     Although the Committee notes the measures taken to reform the Colombian Institute for Family Well-Being (ICBF), it remains concerned that this governmental body has not fully integrated into all its policies and programmes the rights‑based approach enshrined in the Convention.  Concern is also expressed about the limitations of ICBF in the area of preventing violations of children's rights and protecting children from these violations.

341.     Concern is expressed that both judicial and administrative functions related to children's issues, including the appointment of judges and defenders for children's and family affairs, depend upon ICBF and that this situation is a violation of the well‑established international standard of independence of the judiciary and contrary to the principles and provisions of the Convention.

342.     The Committee recommends that the State party continue its process of institutional reform of the ICBF and fully adopt the rights‑based approach established in the Convention in order to perform its mandate in a more effective manner.  Greater emphasis should be placed on strengthening the prevention and protection programmes of ICBF.  In this regard, the Committee also recommends that consideration should be paid to maintaining a clear and very strict separation between judicial and administrative decisions regarding children's rights issues.

Comprehensive policy on children's rights

343.     While the many and various plans and programmes developed by the State party show its commitment to the Convention, the Committee is concerned about the lack of coherence and comprehensiveness of all these plans and the sustainability of their implementation.

344.     The Committee recommends that the State party develop a coherent and comprehensive national plan for the implementation of the Convention that is clear and understandable to all, children and adults alike, and can easily be implemented at the central, regional and local levels. 

Data collection and monitoring

345.     With regard to its recommendation concerning the collection and analysis of reliable quantitative and qualitative information (see CRC/C/15/Add.30, para. 15), the Committee welcomes the steps taken to develop a national system of socio-economic indicators on the situation of children, as a basis for the design, evaluation and follow-up of policies and programmes for children.  Nevertheless, it remains concerned that the current system does not include all the areas covered by the Convention.  The lack of a system to monitor compliance with the Convention is also an area of concern.

346.     The Committee recommends that the State party continue to develop and strengthen its data‑collection system, with a view to including all areas covered by the Convention.  Such a system should cover all children under 18 years of age and specifically emphasize vulnerable groups of children.

347.     The Committee further recommends that the State party establish an independent and effective system for monitoring the Convention, with a view to assessing progress achieved in the realization of children's rights and evaluating policies for better implementation of the provisions of the Convention.  In this regard, the Committee encourages the State party to seek international assistance from, inter alia, UNICEF.

Budget and financial resources for children

348.     The launching of initiatives such as the National Plan for Development (1994‑1998) and (1998-2000), the National Plan of Action for Children (1996-2000) and the "Haz Paz" (Make Peace) National Plan are regarded as positive measures in line with the Committee's recommendations (see CRC/C/15/Add.30, para. 16).  However, the Committee remains concerned about the limitations imposed by the current socio-economic crisis and the armed conflict on the full implementation of social programmes for children.

349.     The Committee reiterates its recommendation that all measures to implement economic, social and cultural rights should be undertaken "to the maximum extent of … available resources", in the light of articles 2, 3 and 4 of the Convention, and that particular attention be paid to the protection of children belonging to vulnerable and marginalized groups.  The Committee further recommends that the State party develop a locally based system to monitor and evaluate the situation of children living in areas of extreme poverty in order to give priority to budget allocations for these groups of children.

Dissemination of the Convention

350.     While noting the measures undertaken to promote widespread awareness of the principles and provisions of the Convention, the Committee is of the opinion that these measures need to be strengthened.

351.     The Committee recommends that the State party strengthen its efforts to disseminate the principles and provisions of the Convention as a measure to sensitize society about children's rights.  Special emphasis should be placed on the dissemination of the Convention among minority groups, as well as in rural and remote areas.  The Committee encourages the State party to consider seeking technical assistance in this area from, inter alia, the Office of the High Commissioner for Human Rights (OHCHR) and UNICEF.

Training for professionals

352.     The Committee is concerned that current training programmes for professionals working with and for children do not reach all groups of professionals. 

353.     The Committee encourages the State party to continue undertaking systematic education and training on the provisions of the Convention for all professional groups working for and with children, in particular parliamentarians, judges, lawyers, law enforcement officials, civil servants, municipal workers, personnel working in institutions and places of detention for children, teachers, health personnel, including psychologists, and social workers.  Technical assistance from, inter alia, OHCHR and UNICEF could be requested in this regard.

2.  General principles

Non-discrimination

354.     Concern is expressed at the existing patterns of economic and social disparity, and of gender and racial discrimination; at the marginalization of children belonging to the Afro‑Colombian and indigenous populations; and at the precarious situation of children belonging to internally displaced populations, especially regarding their limited access to housing, education and health services.

355.     In the light of article 2 and other related articles of the Convention, the Committee recommends that the State party increase measures to reduce economic and social disparities, including between urban and rural areas; to prevent discrimination against the most disadvantaged groups of children, such as girls, children with disabilities, children belonging to indigenous and ethnic groups, children living in

            and/or working on the streets, children living in camps for internally displaced populations and children living in rural areas; and to guarantee their full enjoyment of all the rights recognized in the Convention.

The right to life, survival and development

356.     In the light of article 6 and other related provisions of the Convention, the Committee is deeply concerned at the threat posed by the armed conflict to children's lives, including instances of extrajudicial killing, disappearance and torture committed by the police and paramilitary groups; at the multiple instances of "social cleansing" of street children; and at the persistent impunity of the perpetrators of such crimes.

357.     The Committee reiterates its recommendation that the State party continue taking effective measures to protect children from the negative effects of the armed conflict.  The Committee urges the State party to protect children against "social cleansing" and to ensure that judicial action be taken against the perpetrators of such crimes. 

3.  Civil rights and freedoms

Birth registration

358.     While the Committee notes the State party's efforts in the area of birth registration, it remains concerned that greater efforts are needed to ensure that all children are registered and are provided with identity cards in order to facilitate the full enjoyment of their rights.

359.     In the light of article 7 of the Convention, the Committee recommends that the State party continue its measures to ensure the immediate registration of the birth of all children.  Special emphasis should be placed on the registration of children belonging to the most vulnerable groups, including children living in areas affected by the armed conflict and in camps for internally displaced groups.

Freedom from torture

360.     In the light of its recommendation (see CRC/C/15/Add.30, para. 17) concerning the need to conduct special investigations in cases of gross violations of human rights involving children, the Committee regrets the lack of follow-up information on this issue and reiterates its concern about alleged cases of street children tortured and ill-treated by members of the police and/or paramilitary groups.

361.     The Committee urges the State party to undertake effective measures to ensure that such acts receive an appropriate response through the judicial process, in order to avoid impunity for the perpetrators.  The Committee further recommends that the State party establish care and rehabilitation programmes for child victims of torture and ill-treatment.

4.  Family environment and alternative care

Children deprived of a family environment

362.     The Committee remains deeply concerned at the large numbers of children who have been deprived of a family environment as a consequence of abandonment by, the death of, or separation from their parents.  In this regard, concern is expressed, inter alia, at reports regarding difficulties and slow progress in tracing separated families and children; the lack of adequate mechanisms of protection for children living in institutions; the placement of children in institutions for long periods and the predominance of the use of placement in institutions over the development of alternative care measures.

363.     The Committee further reiterates its concern that children deprived of their family environment may increasingly travel to the main cities, where they may live on the streets and be particularly vulnerable to exploitation and abuse (see the Committee's recommendation, CRC/C/15/Add.30, para. 17).

364.     The Committee recommends that the State party develop additional programmes to facilitate alternative care, provide additional training for social and welfare workers and establish independent complaint and monitoring mechanisms for alternative care institutions.  The Committee urges the State party to make every effort to strengthen family tracing programmes and to increase its efforts in providing support, including training for parents, to discourage the abandonment of children.  The Committee further recommends that the State party ensure adequate periodic review of the placement of children living in institutions. 

Adoption

365.     The Committee remains concerned at gaps in the State party's domestic legislation on adoption and that existing adoption procedures are usually not respected and are reported to be subject to arbitrary decisions.  Concern is also expressed at the prevalence of illegal informal adoption.  The Committee is further concerned at the limited capacity properly to follow up cases of intercountry adoption, which constitute the majority of adoption cases.

366.     The Committee recommends that the State party take further measures to revise its legislation and practices in the area of domestic and intercountry adoption, in accordance with the Convention and the requirements established by the Hague Convention of 1993 on the Protection of Children and Co-operation in Respect of Intercountry Adoption, to which Colombia is a party. 

Protection from abuse and neglect

367.     With regard to its recommendations on the situation of domestic violence (see CRC/C/15/Add.30, para. 21), the Committee welcomes the adoption of special legislation criminalizing domestic violence, but it remains concerned that physical and sexual abuse - within and outside the family - still widely exist in society.  Concern is also expressed at the insufficient

allocation of resources, both financial and human, as well as at the lack of adequately trained personnel to prevent and combat such abuse.  The insufficiency of rehabilitation measures and facilities for victims and their limited access to justice are also matters of concern. 

368.     In the light of, inter alia, articles 19 and 39 of the Convention, the Committee recommends that the State party take effective measures, including reinforcing current multidisciplinary programmes and rehabilitation measures to prevent and combat child abuse and ill‑treatment of children within the family, at school and in society at large.  It suggests, inter alia, that law enforcement should be strengthened with respect to such crimes and that procedures and mechanisms to deal with complaints of child abuse should be reinforced in order to provide children with prompt access to justice and to avoid impunity for the offenders.  Furthermore, educational programmes should be established to combat traditional attitudes within society regarding this issue.  The Committee encourages the State party to consider seeking international cooperation to this effect from, inter alia, UNICEF.

5.  Basic health and welfare

369.     While acknowledging the measures taken to improve the health status of children, in particular initiatives relating to the reduction of infant mortality, the Committee remains concerned about the persistence of regional disparities in access to health care and of high rates of malnutrition for children under five years of age and those of school age, especially in rural and remote areas and, in particular, among children belonging to indigenous groups.

370.     The Committee is also concerned about the high maternal mortality and teenage pregnancy rates, as well as about insufficient access by teenagers to reproductive health education and counselling services.  In this connection, concern is expressed that the practice of abortion is considered the leading cause of maternal mortality (see the concern expressed by the Committee on the Elimination of Discrimination Against Women (CEDAW):  A/54/38, para. 393).  The increasing rates of substance abuse and of HIV/AIDS among children and adolescents and the constant discrimination they are exposed to are also matters of concern. 

371.     The Committee recommends that the State party continue taking effective measures  to ensure access to basic health care and services for all children.  More concerted efforts need to be taken to guarantee equal access to health care and to combat malnutrition, with special emphasis on children belonging to indigenous groups and children living in rural and remote areas, as well as in camps for internally displaced populations.  The Committee recommends that the State party continue with its efforts to prevent HIV/AIDS and take into consideration the recommendations the Committee adopted on its day of general discussion on children living in a world with HIV/AIDS (CRC/C/80, para. 243).  The Committee also recommends that further efforts be undertaken to develop child friendly counselling services, as well as care and rehabilitation facilities for adolescents.  In this regard, the Committee encourages the State party to continue working in this field in cooperation with, inter alia, WHO, UNICEF and UNAIDS. 

Children with disabilities

372.     With regard to the situation of children with disabilities, the Committee remains concerned at the lack of adequate infrastructure, at the limited qualified staff and specialized institutions for these children, and at the absence of adequate resources, both financial and human.  In addition, the Committee is particularly concerned at the lack of governmental inclusion policy and programmes for children with disabilities and at the lack of monitoring of private institutions for these children. 

373.     In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and of the Committee's recommendations adopted on its day of general discussion on children with disabilities (CRC/C/69, para. 338), the Committee recommends that the State party develop early identification programmes to prevent disabilities; implement alternative measures to the institutionalization of children with disabilities; envisage awareness‑raising campaigns to reduce discrimination against them; establish special education programmes and centres, and encourage their inclusion in the educational system and in society; and establish adequate monitoring of private institutions for children with disabilities.  The Committee further recommends that the State party seek technical cooperation for the training of professional staff working with and for children with disabilities.

6.  Education, leisure and cultural activities

374.     While the Committee notes with appreciation the State party's achievements in the field of education, it remains concerned about the high drop-out and repetition rates in primary and secondary school, and at the disparities in access to education between rural and urban areas.  The Committee is particularly concerned about the situation of children belonging to Afro‑Colombian and indigenous groups, as well as those living in camps for the displaced regarding their access to education and the low relevance of the current bilingual educational programmes available for them.

375.     In the light of articles 28, 29 and other related articles of the Convention, the Committee recommends that the State party continue with its efforts to strengthen its educational policies and system in order to improve ongoing retention programmes and vocational training for drop-out students; to extend coverage and to improve the quality of education, respecting geographical and cultural diversity; and to improve the relevance of bilingual education programmes for children belonging to indigenous and Afro-Colombian groups.  Furthermore, in view of the ongoing armed conflict in the State party, the Committee recommends that the State party strengthen its programmes on human rights education, including on the rights of the child, in its teacher training programmes and school curricula, and ensure that every child receives such education.  The Committee encourages the State party to consider seeking technical assistance in this area, inter alia, from OHCHR, UNICEF and UNESCO.

7.  Special protection measures

Children affected by armed conflict

376.     While the Committee welcomes the prohibition of recruitment of children under the age of 18 into the armed forces, it expresses its deep concern at the very high numbers of children who have been forcibly recruited into guerrilla and paramilitary groups.

377.     The Committee is deeply concerned about the extremely negative impact of the armed conflict on all children, including children formerly involved in hostilities, and about the serious threat to their right to life, survival and development and the severe psychological trauma inflicted upon them.  Concern is also expressed at the lack of a national policy to guarantee the social reintegration of children formerly involved in hostilities. 

378.     The Committee urges the State party to take effective measures to have all child abductees and combatants released and demobilized and to rehabilitate and reintegrate them into society.  The Committee further recommends that the State party establish and strictly enforce its legislation prohibiting the future recruitment of children by any group. 

379.     The Committee also urges the State party to take all effective measures, in cooperation with United Nations agencies and bodies such as UNICEF, to address the physical needs of child victims of the armed conflict, in particular child amputees, and the psychological needs of all children affected directly or indirectly by the traumatic experiences of war.  In this regard, the State party is recommended to develop as quickly as possible a long-term and comprehensive programme of assistance, care, rehabilitation and reintegration.

380.     The Committee endorses the recommendations made to the State party by the Special Representative of the Secretary-General for Children and Armed Conflict (see A/54/430, paras. 122-127 and E/CN.4/2000/71, paras. 60-71) and recommends that the State party, in cooperation with the international community, urgently implement these recommendations in order to give the highest priority to the protection of children from the negative effects of the armed conflict.

381.     The Committee welcomes the State party's signature of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and encourages the State party to ratify and implement it as soon as possible.

Internally displaced children

382.     The Committee expresses its concern that the State party has one of the largest internally displaced populations in the world, forced to leave their home towns owing to the high level of violence in certain regions of the country.  The Committee is also concerned about the social deprivation faced by these populations, mainly composed of women and children, especially their limited access to housing, health services and education.  The Committee is further concerned about reports that many displaced persons have been the victims of grave human rights violations and about the thousands of displaced families who have fled to neighbouring countries, where refugee status has been denied them by the local authorities.

383.     The Committee recommends that the State party give the highest priority to the protection of the rights of children belonging to internally displaced groups.  In this regard, the Committee endorses the recommendations made in the reports of the Special Representative of the Secretary-General on Internally Displaced Persons to the Commission on Human Rights on the situation in the State party (see E/CN.4/2000/83/Add.1 and Add. 2), and recommends that the State party, in cooperation with the international community, urgently follow up these recommendations, in particular that on the incorporation of the Guiding Principles on Internal Displacement (E/CN.4/1998/53/Add.2) in the State party's legislation and policies on internally displaced persons. 

Economic exploitation, including child labour

384.     With regard to its recommendation concerning measures for the eradication of child labour (CRC/C/15/Add.30, para. 19), the Committee welcomes the technical cooperation programme with the International Labour Organization (ILO)/International Programme for the Elimination of Child Labour (IPEC).  Nevertheless, the Committee remains concerned that economic exploitation is still one of the major problems affecting children in the State party.  The Committee is also concerned at the insufficient law enforcement and the lack of adequate monitoring mechanisms to address this situation, especially in the informal sector.  The Committee is further concerned at the situation of children working in the coca-leaf plantations.

385.     The Committee expresses most particular concern for children who work or live in the street in order to survive and who require special attention because of the risks to which they are exposed.

386.     The Committee encourages the State party to ratify ILO Convention No. 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (1999).  The Committee recommends that the State party take effective measures to address the situation of children involved in hazardous labour, especially in the informal sector and the coca-leaf plantations.  The Committee also recommends that the child labour laws should be strictly enforced, the labour inspectorates strengthened and penalties imposed in cases of violation.  The Committee further recommends that the State party adopt appropriate programmes and policies for the protection and rehabilitation of children living and/or working on the streets.  In addition, the Committee recommends that the State party continue working in cooperation with ILO/IPEC.

Drug abuse

387.     Although the Committee takes note of the measures taken to combat drug abuse by children, such as the establishment of the National Plan (1995) and the RUMBOS programme, it

is still concerned that drugs and substance abuse remain a major area of concern.  It is also concerned about the widespread use of children in the illicit production and trafficking of drugs. 

388.     In the light of article 33 of the Convention, the Committee recommends that the State party continue taking effective measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances and to prevent the use of children in the illicit production and trafficking of such substances.  It encourages the State party to support rehabilitation programmes for child victims of drug and substance abuse.  In this regard, the Committee encourages the State party to consider seeking technical assistance from, inter alia, UNICEF, the World Health Organization and the International Narcotics Control Board.

Sexual exploitation

389.     While noting with appreciation the revisions to the State party's Penal Code and the establishment of a national plan of action to combat and prevent the sexual exploitation of children, the Committee remains concerned at the insufficient awareness among the population of these issues.

390.     In the light of article 34 and other related articles of the Convention, the Committee recommends that the State party fully implement its national plan of action to prevent and combat this phenomenon and that it continue conducting awareness raising campaigns on this issue.  The Committee recommends that the State party take into account the recommendations formulated in the Agenda for Action adopted at the World Congress against Commercial Sexual Exploitation of Children, held in Stockholm in 1996.  Furthermore, the Committee encourages the State party to ratify the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others.

Sale, trafficking and abduction

391.     While the Committee takes note of the State party's efforts to combat the trafficking and sale of children, it remains concerned about the lack of adequate preventive measures in this area. 

392.     The Committee recommends that measures be taken on an urgent basis, such as a comprehensive programme to prevent and combat the trafficking and sale of children, including an awareness‑raising campaign and educational programmes, in particular in the rural areas and for concerned governmental officials.

393.     Furthermore, the Committee welcomes the State party's signature of the Optional

Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and encourages the State party to ratify and implement it as soon as possible.

The administration of juvenile justice

394.     While the Committee takes note that prisons for children have been closed and that re‑education centres for children in conflict with the law have been established, it remains concerned, inter alia, at the situation of children placed in these centres, in particular regarding their long-term placement, which constitutes a form of deprivation of liberty; that deprivation of liberty and isolation of juveniles are systematically used in police stations; that juvenile courts use measures of confinement not as a measure of last resort; at the lack of alternative measures to the use of deprivation of liberty (e.g. assisted liberty); and at the insufficient re-education and rehabilitation measures for juvenile offenders.

395.     In the light of articles 37, 40 and 39 and other relevant United Nations standards in this field, such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, the Committee recommends that the State party:

            (a)        Ensure that deprivation of liberty is used only as a measure of last resort, for the shortest period and only for serious offences;

            (b)        To improve the living conditions of children in re-education centres;

            (c)        To strengthen and increase its efforts to develop alternative measures to the deprivation of liberty;

            (d)        To develop effective probation services for juveniles, in particular those who are released from re-education centres in order to support their reintegration in society;

            (e)        To strengthen its training programmes on the relevant international standards for judges, professionals and staff working in the field of juvenile justice.

396.     The Committee recommends that the State party seek international assistance in the area of juvenile justice from inter alia, OHCHR, the Centre for International Crime Prevention, UNICEF and the International Network on Juvenile Justice, through the Coordination Panel on Technical Advice and Assistance on Juvenile Justice.

Dissemination of reports

397.     In the light of article 44, paragraph 6, of the Convention, the Committee recommends that the second periodic report and the written replies submitted by the State party be made widely available to the public at large and that consideration be given to the publication of the report, along with the concluding observations adopted thereon by the Committee and the relevant summary records.  Such a document should be widely distributed in order to generate debate and awareness of the Convention, its implementation and monitoring within the Government and the Parliament, and among the general public, including concerned non-governmental organizations.

CONCLUDING OBSERVATIONS OF THE COMMITTEE ON THE

RIGHTS OF THE CHILD:  CENTRAL AFRICAN REPUBLIC

398.     The Committee considered the initial report of the Central African Republic (CRC/C/11/Add.18) at its 657th to 658th meetings (CRC/C/SR.657 and 658), held on 28 September 2000, and adopted* the following concluding observations.

A.  Introduction

399.     The Committee expresses its appreciation for the submission of the State party's report, the prompt submission of the written answers to the list of issues (CRC/C/Q/CAR.1), and the additional information provided to it during the course of the dialogue.  The Committee welcomes the dialogue that took place and notes the State party's frank and self-critical approach.

B.  Positive aspects

400.     The Committee notes references to children in the State party's Constitution and the adoption of a new Family Code which entered into force in October 1998.

401.     The Committee congratulates the State party for its establishment of a Children's Parliament and of a network of ambassadors for peace.

402.     The Committee notes the introduction of a programme through which schools are managed by local communities and that there has been an increase in the enrolment of children living within those communities.

403.     The Committee strongly commends the State party for its efforts to receive refugee children from neighbouring countries.

404.     The Committee notes the establishment of the National Commission for the Follow-Up of the Convention and of committees at the provincial and communal levels.

                              C.  Factors and difficulties impeding the implementation

                                    of the Convention

405.     The Committee notes that the State party is only now emerging from a period of political instability and intermittent armed conflicts requiring a United Nations peacekeeping presence.

406.     The Committee notes that several countries bordering the State party have been involved in armed conflicts, leading to regional instability, refugee movements, including into the State party, and a weakening of the regional economy.

407.     The Committee notes the very serious economic problems faced within the State party, the failure of economic reforms, the pressures exerted by structural adjustment programmes and the landlocked situation of the country.

408.     The Committee notes, in particular, that the very high illiteracy rate among the population in general is a serious impediment to implementation of certain aspects of the Convention in the countryside.

D.  Principal subjects of concern, suggestions and recommendations

1.  General measures of implementation

Legislation

409.     The Committee is concerned at the lack of an appropriate legal framework, with the judicial system still reliant upon colonial‑era legislation which is not always appropriate to the current situation.  The Committee is concerned, further, that customary practices are sometimes applied instead of domestic law and that some of these practices violate children's rights.

410.     The Committee recommends that the State party make every effort to review domestic legislation and to ensure its conformity with the provisions of the Convention on the Rights of the Child.  The Committee urges the State party to strengthen implementation of legislation and, in particular, to end those customary practices which violate children's rights.

National plan of action

411.     The Committee is concerned at the lack of implementation of the 1993 National Plan of Action for the survival and development of children.

412.     Recognizing the efforts under way, the Committee recommends that the State party update the National Plan of Action and make every effort to reinforce future implementation, inter alia, through implementation of the various recommendations included in the new plan and in the present concluding observations, and ensure that implementation takes into consideration the holistic nature of the Convention.  The Committee recommends that the State party seek assistance from UNICEF in this regard.

Policy and coordination

413.     The Committee expresses concern at the lack of a national policy setting out the main orientations and strategies for the comprehensive care of children and notes the weaknesses in the coordination of efforts made on behalf of children described in the State party's report.

414.     The Committee recommends that the State party pursue its own proposals to create coordination mechanisms at the national and local levels and to adopt a single integrated child rights policy.  The Committee recommends that the State party seek assistance from UNICEF in this regard.

Budgetary allocations

415.     The Committee is concerned that an insufficient proportion of budgetary resources is devoted to implementing the provisions of the Convention.

416.     In the light of article 4 of the Convention, the Committee recommends that the State party pursue its goals to increase budgetary allocations in the health and education sectors to at least 25 per cent of the national budget and to ensure adequate resource distribution for the implementation of the Convention as a whole.

Monitoring and data collection

417.     The Committee notes with appreciation the establishment of the National Commission for the Follow-Up of the Convention on the Rights of the Child but it is concerned nevertheless that there is insufficient monitoring of the implementation of the Convention and that the State party lacks sufficient data for the formulation and implementation of policy on child rights. 

418.     The Committee recommends that the State party take the necessary measures to strengthen the National Commission for the Follow-Up of the Convention on the Rights of the Child.  The Committee recommends in particular that the Commission be made fully independent and provided with the resources, including, for example, document translation and duplication facilities, and the authority to function effectively and to receive and investigate complaints concerning violations of children's rights.  The Committee also recommends that the State party consider additional ways to improve monitoring and the use of the information gathered to strengthen efforts to implement the Convention.  The Committee further recommends the strengthening of procedures for the collection of data disaggregated according to the different criteria covered by the Convention.  The Committee recommends that the State party seek assistance from UNICEF in this regard.

Civil society

419.     The Committee is concerned that civil society is under-resourced, insufficiently well organized and consequently unable to contribute fully to the implementation of children's rights in the State party.  The Committee is concerned also at the absence of a single coalition of NGOs focusing on child rights in the State party.

420.     The Committee recommends that the State party review the capacity and contribution of civil society in the implementation of the Convention.  The Committee also recommends that the State party make every effort to strengthen the role played by civil society, inter alia, through improvements in the registration of NGOs, the provision of support to civil society in accessing resources and through facilitating the functioning of civil society programmes.  The Committee further recommends the establishment of a coalition of NGOs focusing on children's rights, with a view to improving coordination and the use of resources.

Dissemination of the Convention

421.     The Committee is very concerned about the poor knowledge and understanding of the Convention within the State party, especially among rural populations.

422.     The Committee urges the State party to make every effort to improve knowledge and understanding of the Convention and its provisions among the population in general and the rural population in particular.  The Committee recommends that the State party undertake a long-term campaign to disseminate the Convention through diverse means, taking into consideration the high rates of illiteracy and the lack of access of the large majority of the population to television or radio.  The Committee recommends that the State party seek assistance from UNICEF and OHCHR in this regard.

2.  Definition of the child

423.     The Committee is concerned at the practice of employing children at a young age.

424.     The Committee recommends that the State party improve implementation of domestic legislation in relation to the employment of children and sensitize the public about the harm caused by child labour.

3.  General principles

Discrimination

425.     The Committee is concerned that there is extensive discrimination against girls with regard, in particular, to access to education and inheritance rights.  The Committee is also concerned that there is discrimination against children with disabilities and against minority populations, notably including Pygmies.

426.     The Committee recommends that the State party take action to end discrimination including, in particular, discrimination against girls, discriminatory customary practices and discrimination against children with disabilities and children from minority groups.  The Committee recommends that the State party address discrimination, inter alia, through improved implementation of national legislation prohibiting discrimination and through the sensitization of the population.

Best interests of the child

427.     The Committee is concerned that the best interests of children in the State party are not respected and notes that this concern is closely linked, inter alia, to the allocation of insufficient resources for the respect and protection of children's rights.

428.     The Committee recommends that the State party make additional efforts to ensure that the best interests of children are respected and to increase the allocation of resources in this regard.

Right to life, survival and development

429.     The Committee is concerned at violations of the child's right to life with regard, inter alia, to those children born in the breech position.  The Committee is also concerned that many children's rights to survival and development are not respected.

430.     The Committee recommends that the State party review the impact of traditional attitudes which may be harmful for children, such as attitudes with regard to children born in the breech position, and that the right to life be guaranteed.  Further, the Committee urges the State party to strengthen its efforts to ensure respect for the rights to survival and development of all children.

Right to be heard

431.     The Committee joins the State party in expressing its concern for the limited respect given to the views of children, including as a result of customary and traditional practices, in schools and in the family and particularly within rural communities.

432.     In light of article 12 of the Convention, the Committee recommends that the State party promote the right of children to express their views through the adoption and implementation of appropriate legislation, through the sensitization of key professional groups and the family, through use of the media and through other activities targeting the public in general and parents and schools in particular.

4.  Civil rights and freedoms

Right to a name and nationality

433.     The Committee is concerned at the low levels of birth registration in the State party and at reports indicating that there are financial charges for this service.

434.     In light of article 7 of the Convention, the Committee recommends that the State party make every effort to ensure the birth registration of all children, particularly in rural areas, for example via the use of mobile offices, and to ensure that birth registration services are free.

435.     The Committee is concerned at violations of the right to a nationality for children whose birth has not been registered or for children born in the State party and whose parents are not nationals of the State party.  The Committee joins the State party in noting that while children can acquire nationality from age 12, parents who are non-nationals have much greater difficulty in acquiring nationality.

436.     The Committee recommends that the State party examine concerns relating to the access of children to a nationality and make every effort to improve respect for this right.  The Committee also recommends that the State party give attention to the situation of children whose parents are unable to claim the State party's nationality.

Fair trial rights

437.     With reference to the State party's report and replies received to questions during the dialogue, the Committee is concerned that the interpretation of the legal status of minors results in very limited possibilities for children to receive legal advice.

438.     Aware of the limited resources available to the State party, the Committee recommends that consideration be given to the establishment of "legal aid centres" run by volunteers, for example law students, through which children can be provided with legal advice.

Access to information

439.     The Committee is concerned that children have poor access to information.

440.     The Committee recommends that the State party improve children's access to information, inter alia by providing greater access to newspapers and libraries, including materials in the Sango language, and to radio.  The Committee recommends, in addition, that the State party ensure that children are protected from harmful information.

Corporal punishment and violence

441.     The Committee is concerned at incidents of police brutality and corporal punishment committed against children, notably in Bangui.

442.     The Committee recommends that the State party end all acts of violence against children, including corporal punishment, committed by, among others, members of the police forces.  The Committee also recommends that the State party provide child rights training programmes for police and detention officials.

5.  Family environment and alternative care

443.     The Committee is deeply concerned at weaknesses in family structures and unity as a result of poverty and HIV/AIDS.  The Committee is also concerned by the practices of early and forced marriage.

444.     The Committee recommends that the State party provide additional support to families in combating the effects of poverty and in compensating for the loss of earnings and other support caused by illness or death from HIV/AIDS among parents.  The Committee also recommends that the State party strengthen its efforts to end the practices of early and forced marriage.  The Committee recommends, in addition, that support also be provided to communities as a whole.  The Committee recommends that the State party seek assistance from UNICEF and WHO in this regard.

Children deprived of a family environment

445.     The Committee is very concerned that current facilities available for the alternative care of children deprived of their family environment are insufficient and that many children do not have access to such assistance.  In addition, the Committee joins the State party in expressing concern at the low quality of care provided by existing State and non‑governmental structures and the difficulties faced by extended families which take on the responsibility of caring for orphans.

446.     The Committee recommends that the State party urgently adopt a programme to strengthen and increase alternative care opportunities for children including, inter alia, the expansion of existing structures, the improved training of staff, the allocation of increased resources to relevant bodies and the provision of assistance to extended family members who take on responsibility for orphaned children.  The Committee recommends that the State party seek assistance from UNICEF in this regard.

Adoption

447.     The Committee joins the State party in expressing deep concern at the problems suffered by children in the context of domestic adoption, intercountry adoption and guardianship proceedings, and in particular at reports of the ill‑treatment of children by guardians.

448.     The Committee recommends that, in the context of improvements to alternative care, the State party review and strengthen its adoption proceedings and consider reviewing the use of the guardianship mechanism which does not appear to provide sufficient protection to children.  The Committee also recommends that the State party become a party to the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption of 1993.

Abuse and neglect

449.     The Committee is concerned at the incidence of abuse, including sexual abuse, and neglect of children in the State party, and that insufficient efforts have been made to protect children.

450.     The Committee recommends that the State party implement measures to address the abuse and neglect of children including, inter alia, through improved monitoring, reporting and responses to such practices.  The Committee recommends, in addition, that the State party sensitize parents and the population in general on this issue.

6.  Basic health and welfare

Health and health services

451.     The Committee is concerned at the very high mortality rate among young children and the high maternal mortality rate, the high level of serious illnesses, problems related to malnutrition among children and mothers, low immunization rates and poor access to safe drinking water.  The Committee is concerned, in addition, that the charging of fees for basic health care, and particularly prenatal and maternal care, may limit the access of disadvantaged children and their mothers to health services.  Further, the Committee is concerned at weaknesses in the health information system and the lack of health statistics in particular.

452.     The Committee urges the State party to make every additional effort to address urgently health concerns among children and adults and to improve access for the whole population, including poor families, to health services.  The Committee urges the State party in particular to consider and apply means through which charges for health services can be removed or reduced for disadvantaged children and mothers and to improve the decentralization of effective health services.  The Committee recommends that the State party make free medical assistance available to pregnant women, including the assistance of trained professionals during childbirth.  The Committee urges the State party to continue to seek international cooperation in this regard, including from UNICEF, WHO and others.

HIV/AIDS

453.     The Committee is deeply concerned at the high level of HIV/AIDS infection among children or their parents or other persons, such as teachers, with a particular responsibility towards children.

454.     The Committee urges the State party to strengthen its efforts to combat HIV/AIDS infection, including through efforts to combat tuberculosis.  The Committee also urges the State party to consider ways of minimizing the impact upon children of HIV/AIDS‑related deaths of parents, teachers and others, in terms of children's reduced access to a family life, to emotional care and education.

Harmful traditional practices

455.     The Committee is concerned at the practice of female genital mutilation in some areas of the State party.

456.     The Committee urges the State party to end female genital mutilation, inter alia through the development and implementation of legislation and programmes prohibiting and addressing the practice and through sensitization of the population.  The Committee recommends that the State party take advantage of the efforts in this regard made by other States.

Adolescent and reproductive health

457.     The Committee is concerned at the limited availability of health assistance for adolescents and of reproductive health education and assistance for adolescents and adults.  The Committee is also concerned at the number of pregnancies and the incidence of sexually transmitted diseases, including HIV/AIDS, among adolescents.

458.     The Committee recommends that the State party improve the provision of health assistance to adolescents and of reproductive health education and assistance to both adolescents and adults.  The Committee recommends that the State party make special efforts to address the incidence of pregnancy and sexually transmitted diseases among adolescents including through the provision of child‑friendly counselling.

Mental health

459.     The Committee is concerned at the lack of mental health assistance for children and at the situation of mental health among children and adolescents, particularly in the context of widespread family instability and the armed mutinies.

460.     The Committee recommends that the State party ensure the availability of mental health assistance to children, taking into consideration the developmental needs of children and addressing in particular those children affected by family instability, HIV/AIDS and the armed mutinies.

Children with disabilities

461.     The Committee is concerned that the rights of children with disabilities are respected to only a very limited extent.  The Committee is particularly concerned at the need for improved access for children with disabilities to specialized health and care assistance.

462.     The Committee, noting that a policy for the advancement of persons with disabilities has been submitted to the National Assembly, recommends that the State party focus its activities on behalf of children with disabilities on supporting their families in order to prevent their being institutionalized.  Further, the Committee recommends that the State party improve the overall protection of the rights of children with disabilities including, in particular, through the improvement of access for children with disabilities to specialized health and care assistance.  The Committee urges the State party to apply the recommendations made during the Committee's day of general discussion on children with disabilities and the relevant United Nations guidelines on disability.

Social security

463.     The Committee acknowledges the State party's efforts to establish a social security system, but joins the State party in expressing concern at the limited access of members of the population to such assistance.

464.     The Committee encourages the State party to make every effort to ensure that, at a minimum, children from poorer families and communities, including rural communities, have access to basic health and other services which are either free or within their means.

Standard of living

465.     The Committee notes the very low standard of living of a majority of the State party's population, owing in part to increasing poverty and involving, inter alia, no access to drinking water and very poor sanitation conditions.

466.     The Committee recommends that the State party make urgent efforts to raise the standard of living among the population, including in particular the rural population, by improving, inter alia, access to drinking water and sanitation.

7.  Education, leisure and cultural activities

Education

467.     The Committee is deeply concerned at the low education levels among children in the State party, the number of children who are several years behind in their primary education, the high drop‑out rate of children who do attend school and the closing of many schools and classes because of a lack of teachers.  Further, the Committee remains concerned at the difficulties linked to the introduction of the national language into schools.

468.     The Committee recommends that the State party make every effort to raise the level of educational achievement among children through, inter alia, increasing the number of available schools and classes, providing for the initial and ongoing training of more teachers and school inspectors, developing standard national textbooks, increasing the rates of enrolment and providing assistance with school fees, uniforms and other equipment for poor families.  The Committee urges the State party to seek international assistance in this regard, including from UNICEF and UNESCO.  The Committee further recommends that the State party continue to make every effort, including through the allocation of relevant material and other resources, to standardize the use of the Sango language in schools.

Leisure and cultural activities

469.     The Committee is concerned that children have insufficient opportunity to exercise their rights to leisure and cultural activities.

470.     The Committee recommends that the State party improve respect for the right of children to leisure and cultural activities, including promoting these rights among parents, teachers and community leaders.  The Committee also recommends that the State party make its "Ambassadors for Peace" programme accessible to children who are currently excluded from the education process.  The Committee recommends that the State party seek assistance from UNESCO and UNICEF in this regard.

8.  Special protection measures

Child refugees

471.     The Committee is concerned at the situation of some refugee children who are obliged to beg for food and money on city streets.

472.     Noting the State party's considerable efforts to welcome refugees from neighbouring countries, the Committee recommends that the State party continue to assist child refugees and their families and to maintain its cooperation with UNHCR, making particular efforts to assist refugee children who are living or working on the streets.

Juvenile justice

473.     While recognizing the State party's efforts in this domain, the Committee remains concerned at the limited progress achieved in establishing a functioning system of juvenile justice throughout the country. In particular, the Committee is concerned at the small number of juvenile courts, none of which is outside Bangui, the detention and imprisonment of juveniles with adults and the absence of assistance towards the rehabilitation and reintegration of juveniles following justice proceedings.

474.     The Committee recommends that the State party pursue its efforts to train judges in juvenile justice and that the State party extend such training to other law enforcement officials, including police and prison personnel.  The Committee also recommends that every effort be made to separate children from adults in detention and prison facilities and to establish a programme of rehabilitation and reintegration of juveniles following justice proceedings.  The Committee further recommends that the State party make further efforts to implement the Convention, in particular articles 37, 40 and 39, and other United Nations standards in the field of juvenile justice, including the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty.  The Committee recommends that juvenile courts be established at all prefectures and that the State party seek international assistance in the area of juvenile justice from, among others, OHCHR, the Centre for International Crime Prevention, UNICEF and the International Network on Juvenile Justice, through the Coordination Panel on Technical Advice and Assistance on Juvenile Justice.

Child labour

475.     The Committee is concerned by the fact that child labour in the State party is widespread and that children may be working long hours at young ages, which has a negative effect on their development and school attendance.

476.     The Committee, acknowledging the State party's commitment to drafting a policy on child labour that has as its starting point the elimination of the worst forms of such labour, recommends that the State party pursue and strengthen its efforts.  Noting also its recent ratification of ILO Convention No. 138 on the Minimum Age for Admission to Employment, the Committee recommends that the State party make every effort to implement this convention and to ratify and implement ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour.  The Committee recommends that the State party seek assistance from ILO/IPEC in this regard.

Drug abuse

477.     The Committee is concerned at the incidence of drug abuse by children in the State party, including the sniffing of petrol and glue.

478.     The Committee recommends that the State party implement measures to prevent and eliminate the abuse of drugs by children, including the sniffing of petrol and glue, inter alia through sensitization of children and adults about the harm caused by such abuse and through the implementation of measures providing for the care, rehabilitation and social reintegration of child drug abusers.

Children in armed conflict

479.     The Committee is concerned at the several incidents of internal disturbance, including mutinies, within the State party and the effect of such incidents on children.

480.     The Committee recommends that the State party protect children from the effects of armed conflict or other strife within the State party.  The Committee also recommends that the State party consider ratifying the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict at the earliest opportunity.

Sexual exploitation

481.     The Committee is concerned that children may be at risk of being sold or made to engage in prostitution.

482.     The Committee recommends that the State party monitor and address any incidents involving the sale or prostitution of children and consider ratifying the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

Dissemination of the report, written answers, concluding observations

483.     Finally, in light of article 44, paragraph 6, of the Convention, the Committee recommends that the initial report and written replies submitted by the State party be made widely available to the public at large and that the publication of the report be considered, along with the relevant summary records and concluding observations adopted thereon by the Committee.  Such a document should be widely distributed in order to generate debate and awareness of the Convention, its implementation and monitoring within the Government, the Parliament and the general public, including concerned non‑governmental organizations.  The Committee recommends that the State party request international cooperation in this regard.

CONCLUDING OBSERVATIONS OF THE COMMITTEE ON THE

RIGHTS OF THE CHILD:  MARSHALL ISLANDS

484.     The Committee considered the initial report of Marshall Islands (CRC/C/28/Add.12), received on 18 November 1998, in its 659th and 660th meetings (see CRC/C/SR.659 and 660), held on 29 September 2000, and adopted* the following concluding observations.

A.  Introduction

485.     The Committee welcomes the submission of the State party's initial report and the written replies to its list of issues (CRC/C/Q/MAR/1).  The Committee notes with appreciation the high-level delegation sent by the State party and welcomes the positive reactions to the suggestions and recommendations made during the discussion.

B.  Positive aspects

486.     The Committee takes note of the establishment in 1991 of the National Nutrition and Children's Council (NNCC) and acknowledges its major role in the overall preparation of the State party's initial report.

487.     The Committee notes with appreciation the holding of two national workshops on the Convention which took place respectively in Majuro (early 1999) and Ebeye (May 2000), leading to the production of a work plan at community level in the areas of health, nutrition, child protection, child participation and education.

488.     The Committee welcomes the production and dissemination of a pamphlet on articles of the Convention in the Marshallese language.

489.     The Committee welcomes the completion of a national curriculum for primary education, which sets up teacher training programmes and establishes a community-based governance system, and takes note of the ongoing teacher training programmes for primary schoolteachers and the increasing teacher-pupil ratio.

C.  Factors and difficulties impeding the implementation of the Convention

490.     The Committee acknowledges that socio-economic and geographic difficulties facing the State party, as well as customary practices and traditional attitudes, have impeded the full implementation of the Convention.  In particular it notes the challenges faced by the State party in implementing adequate programmes and services for children in its dispersed island communities, some of which are isolated, very difficult to reach and have few inhabitants.

D.  Subjects of concern and recommendations of the Committee

1.  General measures of implementation

Legislation

491.     The Committee notes with concern that the Convention has not yet been enacted into law, which is necessary in order for it to be a part of the Marshallese legal system.  Further, while welcoming the request by the Ministry of Internal Affairs to UNICEF for assistance in the review of all aspects of its domestic legislation relating to children, it expresses its concern that the domestic legislation and customary law do not fully reflect the principles and provisions of the Convention. 

492.     The Committee recommends that the State party take all necessary steps to incorporate the Convention into domestic law and that it undertake the review of all aspects of its domestic legislation relating to children with a view to ensuring full conformity with the principles and provisions of the Convention.  It also recommends that the State party consider the enactment of a comprehensive children's code.  In this regard, the Committee further recommends that the State party seek additional technical assistance from, among others, UNICEF.

493.     The Committee notes with concern that the State party has not yet ratified the major United Nations human rights treaties, in particular the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, or other relevant international conventions, like the Hague Convention on the Civil Aspects of International Child Abduction of 1980 and the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoptions of 1993.

494.     The Committee recommends that the State party consider ratifying at least the major human rights treaties and relevant conventions adopted at The Hague with a view to strengthening the human rights culture in the country.

Coordination

495.     The Committee is concerned at the absence of a focal point for children within the Government and at the lack of mechanisms at the national and local levels for coordinating policies relating to children and for monitoring the implementation of the Convention.

496.     The Committee recommends that the State party consider establishing a focal point within the Government and coordination mechanisms between the various ministries, as well as between central and local authorities, with a view to developing a comprehensive national strategy or plan of action for children and ensuring the implementation of the Convention in the country and its regular evaluation.

Allocation of budgetary resources

497.     The Committee remains concerned that in light of article 4 of the Convention, not enough attention has been paid to allocating budgetary resources in favour of children, in particular those who live in the outer islands.

498.     In light of articles 2, 3, and 6 of the Convention, the Committee encourages the State party to pay particular attention to the full implementation of article 4 of the Convention by prioritizing budgetary allocations to ensure implementation of the economic, social and cultural rights of children to the "maximum extent of ... available resources and, where needed, within the framework of international cooperation".

Independent monitoring structures

499.     The Committee notes with concern that there is no independent body to monitor observance of the implementation of children's rights with a view to promoting and protecting them and to deal with individual complaints concerning all children's rights not only violations of law.

500.     The Committee encourages the State party to consider creating an independent child-friendly body easily accessible to children such as an ombudsperson or a national commission for children's rights, the establishment of which must be in keeping with the Paris principles (General Assembly resolution 48/134, annex), to monitor the implementation of the Convention and to deal in an expeditious way with individual complaints concerning children's rights.  In this regard, the Committee further recommends that the State party consider seeking technical assistance from, among others, the United Nations Development Programme (UNDP), UNICEF and the Office of the High Commissioner for Human Rights (OHCHR).

Data collection

501.     The Committee is concerned at the lack of an adequate mechanism for the systematic collection of comprehensive disaggregated data for all areas covered by the Convention and in relation to all groups of children for the purpose of monitoring and evaluating progress achieved and assessing the impact of policies adopted with respect to children.

502.     The Committee, while noting with appreciation that the Census of Population and Housing of 1999 provides a wealth of statistical information on children, encourages

            the State party to use this as a basis for the development of a regular and methodical system of comprehensive data collection consistent with the Convention.  This system should cover all children up to the age of 18 years, with specific emphasis on those who are particularly vulnerable, including child victims of abuse, neglect, or ill-treatment; children with disabilities; teenage mothers; teenagers who commit suicide; children in conflict with the law; children born out of wedlock; children who work; adopted children; and children living in the outer island communities.  It further encourages the State party to use indicators and data in the formulation of policies and programmes for the effective implementation of the Convention.

Dissemination of the principles and provisions of the Convention

503.     While noting the efforts of the State party in disseminating information about the Convention, the Committee is concerned that the principles and provisions of the Convention are not disseminated at all levels of society.

504.     The Committee recommends that the State party develop more creative methods to promote the Convention, including through visual aids such as picture books and posters, along with traditional methods of communication.  The Committee also recommends adequate and systematic training and/or sensitization of professional groups working with and for children, such as judges, lawyers, law enforcement personnel, teachers, school administrators and health personnel.  The Committee further recommends that efforts be made to sensitize civil society, including community leaders, NGOs and the media, about children's rights with a view to changing negative traditional public attitudes and to facilitate broad participation in the dissemination and promotion of the Convention.  The State party is encouraged to fully integrate the Convention into the curricula at all levels of the educational system.  It is suggested that the State party seek technical assistance from, among others, OHCHR, UNICEF and UNESCO.

Civil society

505.     The Committee expresses its concern at the insufficient participation and involvement of relevant non-governmental organizations and other civil society partners in the formulation and implementations of policies and programmes relating to children.

506.     The Committee emphasizes the important role civil society plays as a partner in implementing the provisions of the Convention and recommends that the State party consider a systematic approach to involve civil society, especially children's associations and advocacy groups, throughout all stages of the implementation of the Convention, including policy-making.  Further, it encourages the State party to support initiatives aimed at strengthening the role of civil society and to equip members of civil society with the knowledge and skills essential for working in partnership with local communities.

2.  Definition of the child

507.     The Committee is concerned about the disparity between the minimum legal age for the marriage of boys (18 years) and that of girls (16 years).

508.     In light of article 1 and other related provisions and principles of the Convention, the Committee encourages the State party to pursue its efforts to review its legislation with a view to increasing the minimum age of marriage for girls to that for boys in order to bring it into full conformity with the provisions and principles of the Convention.

3.  General principles

General principles

509.     The Committee, noting that the State party's general approach is more welfare oriented rather than child rights based, is concerned that the principles of the best interests of the child (art. 3) and the right to life and development (art. 6) are not fully reflected in the State party's legislation, its administrative and judicial decisions, or its policies and programmes relevant to children.  Further, the Committee expresses its concern that the principle of respect for the privacy of the family, guaranteed by the Constitution and customary practice, may limit interventions within the family which, in accordance with article 9 of the Convention, may be in the best interests of the child. 

510.     The Committee recommends that the general principles of the Convention, in particular the provisions of its articles 3 and 6, should be appropriately integrated in all revisions to legislation as well as in judicial and administrative decisions and in projects, programmes and services which have an impact on children and should guide the determination of policy-making at every level and in particular actions taken by social welfare institutions, courts of law and administrative authorities.

Non-discrimination

511.     The Committee is concerned that the principle of non-discrimination (art. 2) is not fully implemented for children living in the outer islands and in poor urban communities, especially with regard to their access to adequate health and educational facilities.

512.     The Committee recommends that the State party collect disaggregated data to enable effective monitoring of potential discrimination, in particular against girls, children living in poor urban communities and in the outer islands and those with disabilities.

Respect for the views of the child

513.     The Committee notes with concern that traditional attitudes still prevailing in the country may not be conducive to the full participation of children in family, school and social life.

514.     The Committee recommends that the State party seek to develop a systematic approach, with the involvement of professionals working with children, in particular teachers, and civil society, including community leaders and NGOs, to increase public awareness of the participatory rights of children and encourage respect for the views of the child within the family, schools, and generally in society.  Further, it encourages the State party to recognize the right of children to have their views heard and taken into account in the determination of policy-making at every level and in particular actions taken by social welfare institutions, courts of law and administrative authorities.

4.  Civil rights and freedoms

Birth registration

515.     In light of article 7 of the Convention which requires the registration of children "immediately after birth", the Committee expresses its concern at the insufficient measures undertaken to ensure the birth registration of all children, in particular those living in the outer island communities.

516.     The Committee recommends that special efforts be developed to guarantee an

effective system of birth registration to ensure that all children fully enjoy their fundamental rights.  In that regard, it encourages the State party to develop more widespread awareness among the population of the importance of birth registration and to improve the registration system, including by providing mobile registration units in the outer islands.

Access to appropriate information

517.     The Committee notes with concern that children living in the outer islands do not have adequate access to information and material from a diversity of national and international sources aimed at promoting the child's development and physical and mental health.  It is also concerned that children are not adequately protected from violence and pornography on television, in video films and in other media.

518.     The Committee recommends that the State party reinforce measures for the production of programmes and books for children and disseminate them within the country, in particular the outer islands, and in this regard envisage taking steps for the introduction of the use of computers in schools.  In light of articles 13, 17 and 18 of the Convention, it further encourages the State party to develop appropriate guidelines and legislation for the protection of the child from information and material injurious to his or her development, in particular violence and pornography, and also to develop programmes to educate parents.

Corporal punishment

519.     The Committee is concerned that the use of corporal punishment within the family, schools, other institutions, and generally within society is not expressly prohibited by law.

520.     In light of articles 19, 28 (2) and 37 of the Convention, the Committee recommends that the State party adopt appropriate legislative measures to prohibit the use of any form of corporal punishment within the family, schools and other institutions.  It also encourages the State party to develop measures to raise awareness about the negative effects of corporal punishment and ensure that alternative forms of discipline are administered in families, schools and other institutions in a manner consistent with the child's dignity and in conformity with the Convention.

5.  Family environment and alternative care

Parental responsibilities

521.     The Committee expresses its concern at the many children in urban areas who are left unattended at home while their parents are at work or pursue leisure activities and notes that, owing to recent and rapid urbanization, assistance from extended family support networks is not always available.  Further, it takes note with concern that single parenthood and teenage pregnancy are also increasing.

522.     The Committee recommends that the State party continue and strengthen its measures and programmes to educate and provide counselling on parental responsibilities to the general public.  In light of articles 18 and 21 of the Convention, it also urges the State party to consider developing comprehensive measures to encourage responsible parenthood and to assist needy families with their child-rearing responsibilities, for instance by offering social assistance to families or by securing childcare services and facilities for working parents.

Adoption

523.     The Committee is concerned at the lack of criteria for monitoring, evaluation and follow‑up of domestic adoptions, and at the absence of information and data about the practice of "customary adoptions" by family members.  Also, it notes with concern that in intercountry adoptions the children concerned are not adequately protected.

524.     The Committee, while noting with appreciation that the legislation on adoption is under review with the technical assistance of UNICEF, recommends that all adoption placements be monitored and periodically reviewed by the authorities.  Further, it encourages the State party to undertake a study, including data disaggregated by gender, age and rural/urban area provenance, to analyse the phenomenon of "customary adoptions" by family members with a view to understanding the scope and nature of this practice and adopting adequate policies and measures.  Further, the Committee recommends that the State party ensure that children involved in intercountry adoptions enjoy the same safeguards and standards as regulate domestic adoptions.  It also encourages the State party to consider ratifying the Hague Convention on the Protection of Children and Co‑operation in respect of Intercountry Adoption of 1993.

Child's right to protection from all forms of violence

525.     While noting the Child Abuse and Neglect Act, the Committee remains concerned about the lack of data, appropriate measures, mechanisms and resources for the prevention of and fight against domestic violence, including child sexual abuse, and the absence of public debate and awareness-raising on this issue.  It also expresses its deep concern that incest is not expressly prohibited by law, even though it is forbidden by customary practice, and that the legislation protects only girls from sexual abuses.

526.     In light of article 19, the Committee recommends that the State party undertake studies on domestic violence, ill-treatment and abuse, including sexual abuse, in order to understand the scope and nature of these practices, adopt adequate measures and policies, and contribute to changing attitudes.  The Committee also recommends that cases of domestic violence and ill-treatment and abuse of children, including sexual abuse within the family, be properly investigated within a child‑friendly investigative and judicial procedure, especially in light of the restrictive rules on evidence against family members, and sanctions applied to perpetrators, with due regard given to protecting the right to privacy of the child.  Measures should also be taken to ensure the provision of support services to children in legal proceedings, the physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, ill-treatment, violence or exploitation, in accordance with article 39 of the Convention, and the prevention of criminalization and stigmatization of victims.  It also recommends that the State party adopt appropriate legislative measures to prohibit incest and protect boys as well as girls from sexual abuse.  The Committee recommends that the State party seek technical assistance from, among others, UNICEF and WHO.

6.  Basic health and welfare

Health and health services

527.     While noting the efforts of the State party to improve the general situation of health such as the development of a Fifteen-Year Strategic Health Plan for the years 2001 to 2015, the Committee is nevertheless concerned that the survival and development of children within the State party continue to be threatened by illnesses caused by inadequate sanitation, hygiene and diet, and that vitamin A and iodine deficiencies are widespread.  The Committee is also concerned about the insufficient number of local trained health workers; wide discrepancies in the distribution of health professionals between communities; limited access to health services in the outer island communities; and poor sanitation and limited access to safe drinking water, particularly in recently developed urban areas and the outer islands communities.

528.     The Committee recommends that the State party allocate appropriate resources and develop comprehensive policies and programmes to improve the health situation of children and facilitate greater access to primary health services.  It encourages the State party to continue its efforts to reduce the incidence of child and infant mortality and to undertake additional measures to increase access to safe drinking water and to improve sanitation.  Further, with reference to the lack of trained local health workers and the tendency for these workers to emigrate, the Committee recommends that the State party reinforce its efforts to recruit and train more health workers and take appropriate measures to encourage those trained abroad to return after their training and practise in the Marshall Islands, in particular in the outer islands.  Additionally, the Committee encourages the State party to continue its  technical cooperation programmes with the Asian Development Bank (ADB), UNICEF, WHO and others to improve primary health care.

Malnutrition

529.     The Committee, while noting that the State party has implemented a food and nutrition programme, expresses its concern at the increasing number of cases of malnutrition, due also to overcrowding in urban areas and the importation of food having high levels of sugar and fat, and at the low levels of breastfeeding.

530.     The Committee recommends that the State party strengthen its nutrition programme in order to prevent and combat malnutrition and assess the impact of the programme on those affected with a view eventually to improving its effectiveness, in particular by encouraging healthier nutritional habits.  It further encourages the National Nutrition and Children's Council to continue its work on a national breastfeeding policy.

Children with disabilities

531.     While noting with appreciation the activities of the Maternal and Child Health programme (MCH) regarding the assistance to and rehabilitation of children with disabilities and the establishment of an Inter-agency Council for Disabled Persons following the Conference on Disability and Law in March 2000, the Committee remains concerned that insufficient efforts have been made in practice to protect the rights of children with disabilities.

532.     The Committee recommends that the State party allocate the necessary resources for programmes and facilities for children with disabilities.  In light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee's recommendations adopted at its day of general discussion on the rights of children with disabilities (see CRC/C/69), it is also recommended that the State party develop early identification programmes to prevent disabilities, establish special education programmes for children with disabilities and further encourage their integration into the educational system and inclusion into society.  The Committee recommends that the State party seek technical cooperation for the training of persons working with and for children with disabilities from, among others, UNICEF and WHO.

Adolescent health

533.     The Committee expresses its concern regarding the limited availability of programmes and services in the area of adolescent health problems, including accidents, suicide, violence, the increase in sexually transmitted diseases (STDs) and abortions.  The Committee is also particularly concerned at the high and increasing incidence of teenage pregnancy and the increasing rates of suicide, especially among young boys, as well as the increase in the use of alcohol and tobacco among youth, in particular young girls.

534.     The Committee recommends that the State party increase its efforts to promote adolescent health policies, particularly with respect to accidents, suicides, violence, alcohol consumption and tobacco abuse.  The Committee further suggests that a comprehensive and multidisciplinary study be undertaken in order to understand the scope of adolescent health problems, including the negative impact of early pregnancy, STDs and HIV/AIDS.  It is also recommended that the State party undertake further measures, including the allocation of adequate human and financial resources, to evaluate the effectiveness of training programmes in health education, in particular reproductive health, and to develop youth-friendly counselling, care and rehabilitation facilities that are accessible, without parental consent when in the best interests of the child.  The State party is urged to strengthen reproductive health education programmes for adolescents and to ensure that men are included in all training programmes on reproductive health.  The Committee encourages the State party to continue its technical cooperation programmes with the United Nations Population Fund (UNFPA) and UNICEF on these issues and to seek additional technical cooperation from WHO and UNAIDS.

7.  Education, leisure and cultural activities

Education

535.     While noting with interest the number of national efforts to review the system of education in the State party, in particular the Education Act of 1991, the Committee is concerned about the low enrolment rate in elementary and secondary schools; the high drop-out rate of students in high schools; the insufficient numbers and low standard of trained/qualified teachers and schools available, in particular in the outer islands; the poor quality of education and the lack of vocational training in schools.  Further, the Committee expresses its concern at the lack of play space and recreational facilities for children, both in the urban centres and in the outer islands.

536.     In light of article 28 of the Convention, the Committee recommends that the State party undertake appropriate measures to ensure regular attendance at schools, the reduction of drop-out rates and the incorporation of vocational education in school curricula.  It also encourages the State party to continue to strengthen the teacher training programme in order to increase the number of trained teachers and improve the quality of teaching.  The Committee further recommends that the State party seek to ensure the right of the child to rest and leisure and to engage in play and recreational activities, inter alia, by developing appropriate facilities, including in the outer islands.  The Committee recommends that the State party continue to strengthen its technical cooperation programmes with the ADB and other partners in order to develop a thorough and efficient educational system.

8.  Special protection measures

Economic exploitation

537.     The Committee is concerned at the absence of specific legislation regulating child labour and at the lack of information and data on this issue, especially in view of the high drop-out rates in high schools.

538.     In light of existing international norms and standards, the Committee recommends that the State party develop legislation on child labour including a prohibition, as well as a definition of hazardous and harmful work and/or of the activities considered to be hazardous, harmful to the child's health or development or to interfere with the child's education; an indication of the minimum age for admission to employment; and appropriate regulation of the working hours and conditions of employment of children.  It further encourages the State party to consider ratifying ILO Convention No. 138 concerning Minimum Age for Admission to Employment and ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour.  In this regard, the Committee encourages the State party to seek technical cooperation for the development of the legislation from ILO.

Administration of justice

539.     While acknowledging the existence of a Juvenile Procedure Act and the important fact that professionals working in the juvenile justice system have received training on the provisions of the Convention, the Committee remains concerned that the juvenile justice system is not fully in compliance with the Convention.  This applies in particular to the failure to separate juvenile and adult prisoners and the use of the concept of status offences which punishes behaviour by a child that would not be punishable if committed by an adult.

540.     The Committee recommends that the State party review its law and practices regarding the juvenile justice system in order to bring it into full compliance with the Convention, in particular articles 37, 40 and 39, as well as other relevant international standards in this area, such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), with a view to abolishing status offences and ensuring child-friendly practices at the police and other levels of the juvenile justice system and the separation of juvenile and adult offenders in prison.  With regard to the last, the State party is encouraged expeditiously to complete the building of the prison facility that will allow for the separation of juvenile and adult prisoners.  The Committee further recommends that the State party seek assistance from, among others, OHCHR, the Centre for International Crime Prevention, the International Network on Juvenile Justice and UNICEF, through the Coordination Panel on Technical Advice and Assistance on Juvenile Justice.

Sexual exploitation

541.     The Committee, while noting the establishment of a task force on prostitution within the Ministry of the Interior and the preparation of legislation on prostitution, nevertheless notes with concern the vulnerability of young girls in particular to sexual exploitation and abuse.

542.     The Committee recommends that the State party expedite the adoption of the legislation on prostitution and undertake a study on this issue in order to understand its scope and causes, to enable effective monitoring of the problem and to develop all necessary measures and programmes to prevent and combat sexual exploitation and abuse of children taking into account the Agenda for Action of the Stockholm World Congress against Commercial Sexual Exploitation of Children.  The Committee also invites the State party to consider ratifying the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography.

9.  Dissemination of documents from the reporting process

543.     Finally, the Committee recommends that, in light of article 44, paragraph 6, of the Convention, the initial report and written replies presented by the State party be made widely available to the public at large and that the publication of the report be considered, along with the relevant summary records and the concluding observations adopted thereon by the Committee.  Such a document should be widely distributed in order to generate debate and awareness of the Convention and its implementation and monitoring within the Government and the general public, including NGOs.

CONCLUDING OBSERVATIONS OF THE COMMITTEE ON THE

RIGHTS OF THE CHILD:  SLOVAKIA

544.     At its 663rd and 664th meetings (CRC/C/SR.663 and 664), held on 3 October 2000, the Committee on the Rights of the Child considered the initial report of Slovakia (CRC/C/28/Add.14), which was received on 6 April 1998, and adopted* the following concluding observations.

A.  Introduction

545.     The Committee welcomes the submission of the initial report, which followed in principle the guidelines for reporting and contained detailed information on the legal framework relating to the implementation of the Convention.  It further appreciates the information provided in the written replies.  The initial report lacked an analysis and sufficient data on the rights of the child in various sectors of the Convention.  The Committee has been encouraged by the attendance of a high-level delegation, and expresses its appreciation for the open and professional dialogue that took place.

B.  Positive aspects

546.     The Committee welcomes the accession or ratification by the State party of the most important international human rights instruments, including ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, and the European Framework Convention on the Protection of National Minorities of 1995.

547.     The Committee welcomes the provisions on protection of children in the Constitution as well as the confirmation by legislation of this protection in the civil, family, labour, administrative, social security, health insurance and criminal law.

548.     The Committee welcomes the establishment of the post of Deputy Prime Minister on Human Rights, National Minorities and Regional Development.

C.  Factors and difficulties impeding the implementation of the Convention

549.     The Committee notes that the State party has had to face difficult economic and social challenges posed by the transition to a market economy, including rising income inequality and unemployment, which have had a negative impact on the population, particularly children belonging to the most vulnerable groups.

D.  Principal subjects of concern and recommendations of the Committee

1.  General measures of implementation

Coordination

550.     Despite the existence of the Slovak Committee for the Rights of the Child, the Committee is concerned that there may be deficiencies in coordination in relation to the implementation of the Convention.  However, the Committee is encouraged that the State party is considering the preparation of a national action plan on the rights of the child.

551.     The Committee recommends that the State party continue to pursue through an open and consultative process, the preparation and development of a comprehensive national plan of action to carry out its obligations under the Convention, and give attention to intersectoral coordination and cooperation at and between national and local levels of government.

Data collection/monitoring

552.     The Committee is concerned with deficiencies in the collection and analysis of disaggregated data relating to persons under 18 years with respect to the rights contained in the Convention.

553.     The Committee recommends that the State party establish a mechanism to systematically collect and analyse disaggregated data and use this information as a basis to assess progress and design policies to implement the Convention.  The Committee encourages the State party to seek technical assistance from, among others, UNICEF in this regard.

554.     In the field of human rights protection and promotion, the Committee emphasizes the importance of regularly monitoring and evaluating progress in the implementation of international human rights standards, including the Convention, at the national and local levels.

555.     Noting the State party's activities in this regard, the Committee encourages the State party to establish a statutory, independent institution, adequately resourced and with a mandate to regularly monitor and evaluate progress in the implementation of the Convention and empowered to receive and address complaints of violations of children's rights.

Budgetary allocation

556.     The Committee regrets the lack of adequate information and apparent lack of transparency concerning the State budget resources allocated for the implementation of economic, social and cultural rights of children.

557.     The Committee recommends that the State party implement article 4 of the Convention in the light of articles 3 and 6 in such a way that the proportions of the State budget that is allocated, to the maximum extent of available resources, and in accordance with legislation and policies, for economic, social and cultural rights, are easily identifiable and presented in a transparent way.

Training/dissemination of the Convention

558.     Despite the various initiatives undertaken pursuant to the United Nations Decade for Human Rights Education, the Committee is concerned at the low level of awareness of the Convention amongst professionals working with and for children and the general public, including children.

559.     The Committee recommends that the State party develop an ongoing programme for the dissemination of information regarding the implementation of the Convention among children and parents, civil society and all sectors and levels of Government.  The Committee encourages the State party to pursue the promotion of children's rights education, including initiatives to reach the most vulnerable groups.  Moreover, the Committee recommends that the State party strengthen its efforts to develop systematic and ongoing training programmes on the Convention for all professional groups working with and for children (e.g. legislators, judges, lawyers, law enforcement officials, civil servants, local government officials, personnel working in institutions and places of detention for children, teachers, health personnel, including psychologists, and social workers).

2.  General principles

Best interests and consideration of views of the child

560.     The Committee notes that the Constitution of Slovakia and other legislation provide adequate protection for the child and his or her family, which ensures the child's well‑being.  However, the concept of the best interests of the child and consideration for the views of the child are not explicitly included in legislative and administrative measures.  While welcoming initiatives like the Children's Parliament, the Committee is concerned that respect for the views of the child remains limited owing to traditional societal attitudes towards children in schools, care institutions, the courts and, especially, within the family.

561.     The Committee recommends that the State party review its legislation and administrative measures to ensure that articles 3 and 12 of the Convention are duly reflected therein.  The Committee encourages the State party to promote and facilitate within the family, the school, care institutions and the courts respect for the views of children and their participation in all matters affecting them.  In this regard, the Committee recommends that the State party develop skills-training programmes, in community settings, for teachers, social workers and local officials, in assisting children to make and express their informed decisions and to have these views taken into consideration.

Non-discrimination

562.     The Committee notes the guarantees of equality and non-discrimination in article 12 of the Constitution and in the 1990 Charter of Fundamental Human Rights and Freedoms, and the provisions of the Penal Code concerning racism.  The Committee welcomes the establishment of the Government's Plenipotentiary for Addressing Roma Minority Issues and the approval by the State of the 1999 Strategy for the Solution of the Problems of the Roma National Minority and the Set of Measures for its Implementation.  In spite of continuing efforts by the State, the Committee is concerned that children belonging to the Roma minority experience de facto discrimination vis‑à‑vis several provisions of the Convention, particularly the right to the highest attainable health (art. 24), the right to an adequate standard of living (art. 27) and the right to education (art. 28).

563.     The Committee recommends that the State party take all necessary measures to ensure that all children within its jurisdiction enjoy all the rights set out in the Convention without discrimination, in accordance with article 2.  The Committee endorses the recommendations made by the Committee on the Elimination of Racial Discrimination in its concluding observations (CERD/C/57/CRP.3/Add.4), and its general recommendation XXVII on discrimination against Roma, and recommends that the State party implement them.  The Committee requests information on the progress of the implementation of the 1999 Strategy in its subsequent reports.

564.     The Committee is concerned that the right of the child to be protected from discrimination by all appropriate measures is not implemented in conformity with article 2 of the Convention as the State party has not taken affirmative actions for the benefit of certain vulnerable groups of children, especially Roma.  The Committee notes that the Roma children need more help and support from the State party in order to enjoy the right to development on an equitable basis with other children.

565.     The Committee recommends that the State party review the implementation of article 2 of the Convention in this respect.  The Committee also recommends that the State party monitor and react to cases of discrimination against children in all sectors of society in a more effective manner.

566.     The Committee notes that the 1999 Strategy envisages an analysis of the existing situation concerning discrimination on ethnic grounds against the Roma including, if necessary, amendments to relevant laws or the drafting of new laws.

567.     The Committee recommends that the State party consider as an affirmative action the review of its legislation on a provisional basis with the aim of including the right of the Roma and their children to benefit from the development policies mentioned in the Strategy.

3.  Civil rights and freedoms

Protection from torture, inhuman or degrading treatment or punishment

568.     Noting the relevant provisions of the Penal Code, the Committee is concerned at the persistence of acts of violence by groups, particularly skinheads, directed towards Roma and their children and other ethnic minorities, and at continuous allegations that the police and prosecutors have failed to investigate acts of racially motivated violence promptly and effectively, and have been reluctant to identify a racial motive behind such attacks.  The Committee is also concerned that the numbers of indictments and convictions are low relative to the number of incidents reported, and that perpetrators of racial crimes often receive light sentences.

569.     The Committee recommends that the State party continue carrying out timely and thorough investigations and effective prosecutions against racist organizations.  The Committee encourages the State party to continue to expand throughout the State preventive programmes to curb racially motivated violence directed towards Roma and their children and other ethnic minorities.  The State party should develop clear guidelines and instructions for police and prosecuting authoritiesto assist them in identifying such crimes, and ensure timely and effective investigation, and prosecution of racially motivated attacks, including cases of police misconduct.

4.  Family environment and alternative care

Children deprived of a family environment

570.     The Committee is concerned at the existing practice of placing children outside the parental home and into institutional care, the limited periodic review of placement, and insufficient follow-up of children who leave institutional care.

571.     The Committee recommends that the State party continue and strengthen its efforts to provide families and children in need with adequate professional and other support and to reunite children placed in institutions with their families.  With respect to alternative care, the State party is encouraged to strengthen the foster care system and to promote placement of children with foster families and family‑type foster homes.  Attention needs to be given to adequate periodic review of placement, in accordance with article 25 of the Convention, and follow-up of children who leave care.  The Committee encourages the State party to prepare and implement a comprehensive national plan of action to address the issue of children deprived of a family environment and to include information on its implementation in its second report.

Adoption

572.     Noting that the State party has signed and is in the process of acceding to the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption of 1993, the Committee is concerned at the absence of clear legislative measures in this area.

573.     The Committee encourages the State party to expedite its accession to and        implementation of this Convention. 

Violence/abuse/neglect/maltreatment

574.     The Committee welcomes the establishment of special units in the Police Corps to deal with cases of neglect of children and domestic violence.  The introduction in January 1999 of a special children's hotline to receive and address complaints in this area is a welcome development.  The Committee is concerned that violence against women is a problem in Slovakia, and that this has harmful consequences on children.    

575.     In light of articles 19 and 39 of the Convention, the Committee recommends that the State party ensure that all forms of physical and mental violence, including corporal punishment and sexual abuse of children in the family, schools and care institutions, are prohibited.  Attention should be given to ensuring that the abused child is not victimized in legal proceedings; strengthening programmes for the rehabilitation and reintegration of abused children; and addressing sociocultural barriers that inhibit victims from seeking assistance.  The Committee recommends that the State party continue to undertake public education campaigns about the negative consequences of ill-treatment of children, including within the family.  The Committee encourages the State party to continue to promote the use of the hotline and other mechanisms to receive complaints throughout the country; to use the disaggregated data collected as a basis for designing preventive and other measures; and to evaluate progress in this area.

5.  Basic health and welfare

Children with disabilities

576.     The Committee welcomes the comprehensive scheme of services and cash benefits available to families of children with disabilities as well as to non‑governmental organizations working in this area, but regrets that it has not received information regarding the eligibility criteria for these services and benefits.  Further, it remains concerned at the inadequate infrastructure, the limited specialized staff and the institutionalization of children with disabilities, and the lack of inclusive programmes and policies and continuous monitoring of institutions.

577.     The Committee recommends that the State party pursue a comprehensive approach towards addressing the rights of children with disabilities, reviewing existing policies and practice and taking due regard of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and of the Committee's recommendations adopted on its day of general discussion on children with disabilities (see CRC/C/69).  The Committee recommends that the State party develop early identification programmes to prevent disabilities, undertake awareness‑raising programmes to prevent discrimination and institutionalization, and establish community-based centres for the disabled to enable them to enjoy all the rights contained in the Convention.  The Committee encourages the State party to seek assistance from, among others, UNICEF, UNESCO, WHO and relevant NGOs.

Right to health and health services

578.     While acknowledging the measures taken to improve the health status of children, in particular initiatives related to the reduction of infant mortality, the Committee remains concerned about the persistence of regional disparities, particularly in relation to children belonging to the most vulnerable groups (e.g. Roma), in access to health care and the high rates of malnutrition of children under 5 and those in school.

579.     The Committee recommends that the State party continue to undertake measures to ensure that all children, without discrimination, have adequate access to health‑care services. 

580.     The Committee is concerned at the insufficient data available on the developmental health needs of adolescents.

581.     The Committee recommends that the State party undertake a comprehensive study in order to understand the nature and extent of adolescent health problems and, with the full participation of adolescents, use this study as a basis to formulate adolescent health policies and programmes.  In light of article 24, the Committee recommends that adolescents have access to and be provided with reproductive health education, child‑friendly counselling and rehabilitation services, and that the State party undertake prevention programmes against STDs and HIV/AIDS.  The Committee recommends that the State party establish comprehensive family planning programmes, as well as measures to ensure that abortion is not perceived as a method of contraception.  The State party is encouraged to continue cooperation with and seek assistance from, among others, UNICEF and WHO.

582.     The Committee is concerned at the high levels of pollution in industrialized areas, particularly air pollution and water and food contamination caused by nitrates, pesticides and heavy metals.

583.     In light of article 24 (c) of the Convention, the Committee recommends that the State party take all appropriate measures to prevent and combat the dangers and risks to the health of children posed by environmental pollution.

584.     The Committee is concerned about reports of rising rates of tobacco and alcohol use among adolescents.

585.     The Committee encourages the State party to provide children with accurate and objective information about substance use, including tobacco use, and to protect them from harmful misinformation through comprehensive restrictions on tobacco advertising.  The Committee further recommends that the State party develop rehabilitation services for children who are victims of substance abuse.

Adequate standard of living

586.     The Committee refers to the dialogue with the State party and notes that the social policies of the State party, in spite of their comprehensiveness, have resulted in the socio‑economic exclusion of certain groups of children such as the Roma and children living in the streets and in institutions.

587.     The Committee recommends that the State party include NGOs, especially family and children's NGOs, and civil society, in general, through dialogue, in the development of social policies in order to better understand the reasons for exclusion and to stimulate new ideas to raise the standard of living of vulnerable groups of children.

6.  Education

588.     The Committee acknowledges with appreciation that 10 years of schooling is compulsory in the State party and that it is free.  The Committee is, however, concerned that children do not have the right to participate in the evaluation of their school achievements.

589.     The Committee recommends that education in the State party be directed towards the development, with the active participation of the child, of the child's personality, talents and mental and physical abilities to their fullest potential, in accordance with article 29 of the Convention.

590.     The Committee notes with concern that most Roma children attend special schools because of real or perceived language and cultural differences between the Roma and the majority; that the School Act does not offer instruction in the Roma language; and the negative, stereotypical description of the Roma and their children in general, but especially in the initial report.

591.     The Committee recommends that the State party design further measures aimed at ensuring that Roma children have equal access to and opportunities to attend regular school with supportive education, if necessary.  The Committee further recommends that the State party examine to what extent the current situation of the Roma language in the education system, with respect to both law and practice, meets the demands of the Roma population and their children and consider, as appropriate, further measures aimed at ensuring education or instruction in the Roma language, with reference to article 29 of the Convention.  Teacher training in this language should be strengthened.  The Committee recommends that the State party, in accordance with article 29 (c) of the Convention, ensure that the education system and the media in particular foster positive attitudes towards minorities and intercultural dialogue between the minorities and the majority, including children.

7.  Special measures of protection

Commercial sexual exploitation

592.     In line with the observation of the Special Rapporteur on the sale of children, child prostitution, and child pornography (see E/CN.4/1999/71), the Committee is concerned that Slovakia has become a transit country for the transport of children for pornography, prostitution and sex tourism.  The Committee is also concerned at reports that commercial sexual exploitation, particularly involving Russian and Ukrainian girls, is increasing and at the generally insufficient data on and awareness about the phenomenon of commercial sexual exploitation of children in Slovakia.

593.     The Committee recommends that the State party undertake a national study on the nature and extent of this phenomenon and that disaggregated data be compiled and kept up to date to serve as a basis for designing measures and evaluating progress.  The Committee recommends that the State party:  ensure that domestic laws in this area are gender neutral; provide civil remedies in the event of violations; ensure that procedures are simplified so that responses are appropriate, timely, child‑friendly and sensitive to victims; include provisions to protect victims from discrimination and reprisals against those who expose violations; and vigorously pursue enforcement.  Rehabilitation programmes and shelters should be established for child victims of sexual abuse and exploitation.  There is a need to adequately train personnel working with child victims.  The Committee recommends that the State party continue to carry out awareness‑raising campaigns to sensitize and

            mobilize the general public on the child's right to physical and mental integrity and protection from sexual exploitation.  The Committee encourages the State party to continue its close collaboration with authorities abroad.

Administration of juvenile justice

594.     The Committee notes recent amendments to the Penal Code and the Penal Rules in the area of juvenile justice.  However, the Committee is concerned at the insufficient information available on prevailing conditions in detention facilities for juveniles and with respect to independent complaints mechanisms.

595.     In light of article 37 of the Convention, the Committee recommends that the State party ensure that conditions of detention conform to international standards and in this regard consider the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment concerning the detention of juveniles.  Moreover, the Committee recommends that the State party ensure that there are effective independent mechanisms available to receive and address concerns raised by detainees.  The Committee recommends that the State party seek assistance from, among others, the Office of the United Nations High Commissioner for Human Rights, the Centre for International Crime Prevention, the International Network on Juvenile Justice, and UNICEF, through the Coordination Panel on Technical Advice and Assistance on Juvenile Justice.

8.  Optional Protocols to the Convention on the Rights of the Child

596.     The Committee encourages the State party to ratify and implement the Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, and on the involvement of children in armed conflict.

                              9.  Dissemination of the report and the recommendations

                                   of the Committee

597.     Finally, the Committee recommends that in accordance with article 44, paragraph 6, of the Convention, the initial report presented by the State party be made widely available to the public at large and that consideration be given to the publication of the report along with the written answers to the list of issues raised by the Committee, the relevant summary records of the discussion and the concluding observations adopted by the Committee following its consideration of the report.  Such a document should be widely distributed in order to generate debate and awareness of the Convention and its implementation and monitoring within the Government, the Parliament and the general public, including concerned non‑governmental organizations.

CONCLUDING OBSERVATIONS OF THE COMMITTEE ON

THE RIGHTS OF THE CHILD:  THE COMORES

598.     The Committee considered the initial report of the Comores (CRC/C/28/Add.13) at its 665th and 666th meetings (see CRC/C/SR.665-666), held on 5 October 2000 and adopted* the following concluding observations.

A.  Introduction

599.     The Committee welcomes the submission of the State party's initial report (CRC/C/28/Add.13), which follows its guidelines for reporting.  The Committee notes that the report is frank and self-critical, despite the fact that it was prepared some years ago without the participation of civil society.  The Committee also welcomes the written replies to the list of issues (CRC/C/Q/COM/1), which provide important updated information.  The Committee appreciates the presence of a delegation directly involved in the implementation of the Convention in the State party and is encouraged by the very informative dialogue it had with that delegation, which was essential to enable the Committee to have a better understanding of the situation of the rights of the child in the State party.

B.  Follow-up measures undertaken and progress achieved

                                  by the State party

600.     The Committee welcomes the State party's accession to the Convention on the Elimination of All Forms of Discrimination Against Women (1994).

601.     The enactment of the Health and Social Action Code, the Water Code and the education Act and the adoption of the National Plan of Action for Children are regarded as stepping stones in the creation of favourable conditions for the enjoyment by children of their rights.

602.     The State party's efforts, in cooperation with international assistance, to implement the Bamako Initiative are welcomed by the Committee.

                              C.  Factors and difficulties impeding the implementation

                                    of the Convention

603.     Although the Committee is aware of the ongoing peace negotiations with the separatist forces in the island of Anjouan and of the embargo imposed on that island, it notes with concern the negative effects of the State party's political instability and the current socio-economic crisis on children, especially regarding the enjoyment of their human rights.

D.  Principal subjects of concern and recommendations

1.  General measures of implementation

Protection of human rights

604.     Concern is expressed that the State party has not acceded to the other main international human rights instruments, such as the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights; the International Convention on the Elimination of All Forms of Racial Discrimination; and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.  Similar concern is expressed with regard to regional human rights instruments, such as the African Charter on the Rights and Welfare of the Child.

605.     The Committee encourages the State party to accede to the above-mentioned international and regional human rights instruments in order to strengthen the protection of human rights.  The Committee encourages the State party to seek technical assistance from, inter alia, the Office of the High Commissioner for Human Rights (OHCHR), in implementing this recommendation.

Legislation

606.     While the Committee is aware that a study on the compatibility between the Convention and domestic legislation has been undertaken, it remains concerned about the lack of harmonization between domestic legislation and the Convention.  It is also concerned about the difficulties experienced in finalizing the adoption of new or amended legislation, including the draft family code.

607.     The Committee recommends that the State party take all appropriate measures to complete the process of law review and, where appropriate, adopt or amend legislation so as to ensure the harmonization of applicable provisions of the different jurisdictions (traditional, Islamic and civil law), ensuring their conformity with the provisions and principles of the Convention.  The Committee further recommends that, in the implementation of this recommendation, the State party seek technical assistance from, inter alia, the OHCHR and UNICEF.

Coordination/independent monitoring mechanism/structures

608.     Noting the limited functions assumed by the national commission for follow-up to the Convention and by the Office of the Commissioner for the Status of Women, the Committee is concerned at the limitations faced by these two bodies in ensuring adequate coordination and monitoring of the implementation of the provisions of the Convention.

609.     The Committee recommends that steps be taken by the State party to establish a coordination mechanism between the various government bodies involved in children's rights at both the national and local levels and that greater efforts be made to ensure cooperation with non-governmental organizations working in the field of children's rights.

610.     The Committee also recommends that the State party consider the establishment of an independent body to monitor the implementation of the Convention.  Such a body should be invested with the authority to receive and investigate individual or collective complaints regarding lack of compliance with the Convention and to make recommendations in that regard.

Budgetary allocations

611.     Recognizing that the effective implementation of the Convention relies upon adequate and consistent allocation of budgetary resources, the Committee expresses concern at the lack of information on the current allocation of resources in favour of children, particularly in a context of widespread poverty.

612.     In the light of articles 2, 3 and 6 of the Convention, the Committee encourages the State party to pay particular attention to the full implementation of article 4 of the Convention by prioritizing budgetary allocations to ensure implementation of the economic, social and cultural rights of children, to the maximum extent of available resources and, where needed, within the framework of international cooperation.  In this regard, the Committee recommends that the State party develop and implement a data collection system relevant to the implementation of the Convention.

613.     The Committee urges the State party to establish, as soon as possible and based on reliable data, a policy for the allocation of resources in favour of children, including resources provided by international agencies or through bilateral assistance, and to establish how these resources will be used in future, ensuring that priority is given to the alleviation of poverty.

International cooperation

614.     The Committee is deeply concerned at the State party's resource limitations, which constrain its ability to implement the principles and provisions of the Convention.

615.     The Committee strongly recommends that the State party seek international assistance for the implementation of the principles and provisions of the Convention, bearing in mind the need to strengthen national capacity.

Dissemination and awareness raising

616.     The Committee acknowledges the efforts of the State party to promote awareness of the principles and provisions of the Convention, especially in the context of the celebration of the Day of the African Child.  However, the Committee remains concerned that the text of the Convention has not yet been translated into all national languages and that professionals working with and for children, parents, children and the public at large are generally not aware of the Convention and of the human rights it enshrines.

617.     The Committee recommends that the State party develop an ongoing programme for the dissemination of information regarding the Convention among children and parents, civil society and all sectors and levels of government, including through the use of traditional information channels and working through community leaders.  The Committee encourages the State party to pursue efforts to promote child rights education in the country, including initiatives targeting the most vulnerable groups.  Moreover, the Committee recommends the reinforcement of adequate and systematic training and/or sensitization of traditional and religious leaders, as well as professional groups, including those working with and for children (e.g., judges, lawyers, law enforcement officials, parliamentarians, civil servants, local government officials, personnel working in institutions and places of detention for children, teachers, health personnel, including psychologists and social workers).  The Committee encourages the State party to seek technical assistance from, inter alia, the OHCHR and UNICEF.

2.  Definition of the child

618.     The lack of a uniform and clear definition of the age of majority in the Comoran legislation is a matter of concern.  The lack of a uniform minimum legal age for marriage for both boys and girls and the occurrence of early marriages are also areas of concern.

619.     The Committee recommends that the State party:  continue its efforts to harmonize existing provisions concerning the age of majority to establish one clear age at which the child legally becomes an adult; increase the legal minimum age for marriage and ensure non-discrimination against girls in this regard; and consider the need for effective public information and sensitization activities to discourage early marriage.

3.  General principles

Non-discrimination

620.     With regard to article 2 of the Convention, the Committee expresses its concern at patterns of discrimination on grounds of gender, religion, ethnic origin, disability and birth or other status (e.g., children born out of wedlock).

621.       The Committee recommends that the State party increase its efforts to ensure implementation of the principle of non-discrimination and full compliance with article 2 of the Convention and address those cases which continue to occur affecting all vulnerable groups, and particularly girls,  children with disabilities and children born out of wedlock.  The Committee also urges the State party to give particular attention to addressing discrimination against both girls and women, inter alia, by reviewing domestic legislation so as to ensure that discriminatory provisions, including those affecting inheritance rights, are removed and that adequate protection from discrimination is provided.

Respect for the views of the child

622.     The Committee is seriously concerned at the way in which the principle of respect for the views of the child (art. 12) is interpreted in the State party, especially since, according to the report, a child needs to be "trained" to become a human being.  In addition, with regard to children's participatory rights, concern is expressed about the insufficiency of the measures taken by the State party, especially to promote the participation of children in the family, in the community, at school and in other social institutions, as well as to ensure the effective enjoyment of their fundamental freedoms, including freedom of opinion, expression and association. 

623.       The Committee emphasizes the importance of promoting respect for the views of the child and encouraging child participation.  In this regard, it encourages the State party to promote public awareness of the participatory rights of children and urges the adoption of effective measures to ensure respect for the views of the child within schools, families, social institutions and in the care and judicial systems, in accordance with the provisions of article 12 of the Convention.

4.  Civil rights and freedoms

Birth registration

624.     The Committee is concerned at the limitations in the State party's birth registration system, which prevent an accurate statement of the identity or age of a child and can make it very difficult for the protection afforded to children by domestic legislation or by the Convention to be enforced.

625.     In the light of article 7 of the Convention, the Committee recommends that the State party establish as quickly as possible the practice of systematic birth registration for all children born within the national territory.  The Committee further urges the State party to proceed with the registration of those children who have not been registered.  In addition, the Committee encourages the State party to ensure that birth registration procedures are widely known and understood by the population at large.

5.  Family environment and alternative care

Alternative care measures

626.     While noting the positive aspects of the placement of children in informal foster care, in particular of children from rural areas, for educational reasons, the Committee is concerned at the lack of adequate monitoring to prevent possible abuse of these children, such as their use as domestic workers. 

627.     The Committee recommends that the State party undertake the necessary measures to establish outside supervision of these placements, in order to prevent the child being abused by his/her foster family. 

Protection from abuse and neglect

628.     Concern is expressed at the insufficient awareness regarding the harmful consequences of ill-treatment and abuse of children, including sexual abuse, both within and outside the family.  While aware that the draft family code aims at the protection of the dignity of the child, the Committee is concerned that the practice of corporal punishment in the home is socially and legally accepted, particularly for boys.  The practice of corporal punishment in Koranic schools is also a matter of concern.

629.     The Committee recommends that the State party take effective measures, to prevent and combat child abuse and  ill‑treatment of children within the family, at school and in other institutions, and in society at large.  Furthermore, educational programmes should be established to combat traditional attitudes in society regarding this issue.  In particular, the Committee recommends that the State party include in its legislation a specific prohibition on the use of corporal punishment within the family and at school.  The Committee encourages the State party to consider seeking to this effect international cooperation from, inter alia, UNICEF and international non-governmental organizations.

6.  Basic health and welfare

Right to health

630.     The Committee expresses its concern at the State party's high infant and maternal mortality rates, the large number of births taking place outside the hospital system and the high rate of malnutrition among children.  Concern is expressed at children's limited access to the health services, especially with regard to the shortage of medication and technical equipment, and of medical and public health personnel.  The spread of the HIV/AIDS epidemic and its direct and indirect effects on children, as well as the general lack of attention to the health problems of adolescents, are also matters of concern.

631.     The Committee encourages the State party to increase its efforts in the health sector, including through the strengthening of data collection and disease surveillance mechanisms, the allocation of adequate resources and the reinforcement of training and support for health sector staff.  It recommends that the State party ensure equitable access to existing health-care services and that it make every effort to increase vaccination coverage.  The Committee urges the State party to adopt, in cooperation with international agencies, effective plans to combat childhood and maternal mortality, such as the WHO/UNICEF Integrated Management of Childhood Illness scheme.

632.     The Committee recommends that the State party continue taking effective measures for the prevention of HIV/AIDS, including awareness raising and educational campaigns.  The Committee further recommends that the State party take into consideration the Committee's recommendations adopted on its day of general discussion on "Children living in a world with HIV/AIDS" (CRC/C/80, para. 243).  International technical assistance from, inter alia, UNICEF, WHO and UNAIDS, should continue to be requested in this regard.

633.     The Committee also recommends that the State party study and effectively address the health problems of adolescents, in particular in the area of reproductive health education and the prevention of teenage pregnancies.

Children with disabilities

634.     Concern is expressed at the situation of children with disabilities who are marginalized and discriminated against.  The Committee expresses its concern regarding the lack of legal protection, programmes, facilities and services for children with disabilities, aimed at facilitating their development and full integration in society.

635.     In the light of article 23 of the Convention, of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and of the Committee's recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, para. 338), the Committee recommends that the State party establish special education programmes for children with disabilities and actively seek their inclusion in society.  The Committee further recommends that the State party conduct an assessment of the number of children with disabilities, the type of disabilities and the needs of children with disabilities with regard to rehabilitative and other forms of care.  The Committee encourages the State party to seek technical assistance, including for the training of professional staff working with and for children with disabilities, from, inter alia, UNICEF and WHO.

Standards of living

636.     The Committee expresses its concern at the situation of a growing number of children who, owing to rural exodus and poverty, are forced to live and work on the streets.

637.     The Committee recommends that the State party establish special programmes to address the situation of children living and/or working in the streets.  Moreover, the State party should ensure that these children have access to:  health care; rehabilitation services for physical, sexual and substance abuse; services for reconciliation with families; comprehensive education, including vocational and life‑skills training; and legal aid.  The Committee recommends that the State party seek assistance from, inter alia, UNICEF.

638.     The Committee also expresses its concern at the problems of environmental degradation in the State party, including very limited access to drinkable water, and at the precarious conditions of housing facilities for families.

639.     In the light of article 24 (c) of the Convention, the Committee recommends that the State party take all appropriate measures, including through international cooperation, to prevent and combat the damaging effects of environmental degradation on children, including pollution and contamination of water supplies.  The Committee also recommends that the State party take effective measures, including through international cooperation, to improve housing facilities for families.

7.  Education, leisure and cultural activities

640.     The Committee expresses its concern that school enrolment ratios are low and equal access to education is not ensured; at the high level of illiteracy in the country and at gender disparities in school attendance and high drop out rates.  The Committee is also concerned that the education system is affected by a general lack of facilities and equipment, insufficient qualified teachers, and a drastic shortage of text books and other learning materials.

641.     The Committee recommends that the State party continue its efforts to promote and facilitate school attendance, particularly among girls.  In the light of article 28 of the Convention, the Committee recommends that the State party take effective measures to ensure that primary education is available to all, to improve the quality of teaching and to reduce drop-out rates.  The Committee encourages the State party to seek to strengthen its educational system, if necessary by seeking further international assistance, from inter alia, UNICEF and UNESCO.

8.  Special protection measures

Children and armed conflict

642.     While aware of the limitations posed by the continuing violence in the breakaway island of Anjouan, the Committee expresses its concern at the reported use of child soldiers by the different militias in that island and at the lack of adequate rehabilitation services for the children affected by the armed conflict.

643.     The Committee urges the State party to take every feasible measure, including through international mediation, to have all child abductees and combatants released and demobilized and to rehabilitate and reintegrate them in society.  Moreover, it urges the State party to take all necessary measures in cooperation with national and international NGOs and United Nations bodies, such as UNICEF, to address the physical needs of child victims of the armed conflict, in particular child amputees, and the psychological needs of all children affected directly or indirectly by the traumatic experiences of the war.

644.     Furthermore, the Committee encourages the State party to sign and ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.

Protection from economic exploitation, including child labour

645.     The Committee expresses its concern at the allegedly growing number of children involved in labour activities, including in the informal sector, in agriculture and in the family context, and at lax law enforcement.

646.     The Committee urges the State party to make urgent efforts to monitor and address the use of child labour.  It recommends that the State party improve its monitoring mechanisms to ensure the enforcement of existing labour laws and protect children from economic exploitation.  The Committee encourages the State party to ratify ILO Convention No. 182 concerning the Elimination of the Worst Forms of Child Labour and ILO Convention No. 138 concerning the Minimum Age for Admission to Employment, and to seek international cooperation including, for example, through the ILO International Programme on the Elimination of Child Labour (IPEC).

Sexual exploitation, sale of children, child prostitution and child pornography

647.     The Committee is concerned that as a result of the current socio-economic crisis in the State party, it is very likely that children may start to become victims of sexual exploitation, sale and pornography.

648.     The Committee recommends that the State party take all available measures, including legal ones, for the prevention and combat of this phenomenon.  The Committee recommends that the State party take into account the recommendations formulated in the Agenda for Action adopted at the World Congress against Commercial Sexual Exploitation of Children, held in Stockholm in 1996.  In this regard, the Committee encourages the State party to sign and ratify the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

The administration of juvenile justice

649.     The Committee expresses its concern at the limited measures taken for children in conflict with the law.  In particular, it is concerned at the detention of children in prisons with adults since there are no separate facilities for them, the deteriorating living conditions in detention centres and the lack of rehabilitation programmes.

650.     The Committee recommends that the State party take effective measures to ensure that the juvenile justice system is in full conformity in practice, as well as in the legislation, with the provisions of the Convention, in particular articles 37, 40 and 39, and of other United Nations standards in this field, such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty.  The Committee encourages the State party to consider seeking technical assistance in this regard from, inter alia, the member organizations of the Coordination Panel on Technical Advice and Assistance in Juvenile Justice:  the Office of the High Commissioner for Human Rights, the Centre for International Crime Prevention, the International Network on Juvenile Justice and UNICEF.

Dissemination of the reports

651.     Finally, in the light of article 44, paragraph 6, of the Convention, the Committee recommends that the initial report and written replies submitted by the State party be made widely available to the public at large and that consideration be given to the publication of the report, along with the concluding observations adopted thereon by the Committee and the relevant summary records.  Such a document should be widely distributed in order to generate debate and awareness of the Convention, its implementation and monitoring within the Government, the Parliament and the general public, including concerned non-governmental organizations.

III.  INTER-SESSIONAL ACTIVITIES OF THE COMMITTEE

652.     During the session, members reported to the Committee about various meetings in which they had participated since the twenty-fourth session.

653.     Mrs. Mokhuane, Vice-Chairperson of the Committee, participated in the thirteenth International Conference on Child Abuse and Neglect, held in Durban, South Africa, 3‑7 September 2000.  The conference focused on the Convention on the Rights of the Child and its two new Optional Protocols as they relate to the protection of children from abuse and neglect. 

654.     Mr. Rabah, Vice-Chairperson of the Committee, participated in the Asia-Pacific Seminar of Experts on Migrants and Trafficking in Persons with Particular Reference to Women and Children, held in Bangkok, 5-7 September 2000.  The expert seminar was in preparation for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance to be held in 2001 in South Africa.  During the session, Mr. Rabah presented a paper on Racism, Trafficking and the Human Rights of Children.

655.     From 1 to 5 May 2000, Mr. Doek, Rapporteur of the Committee, attended the first session of the Preparatory Committee for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance held in Geneva.  Mr. Doek addressed the meeting and discussed the Committee's contribution to the World Conference.  On 30 and 31 May 2000, Mr. Doek attended the first session of the Preparatory Committee for the General Assembly Special Session on Children which is to be held in New York in September 2000.  He participated in a panel discussion of experts concerning targets for implementing children's rights during the next decade.

656.     Mr. Doek participated, as a trainer/facilitator, in workshops in Astana (Kazakhstan) and Asgabath (Turkmenistan), organized by UNICEF for representatives of various government ministries and NGOs of the respective countries.  The purpose of these workshops was to facilitate and promote reporting as neither Kazakhstan nor Turkmenistan have submitted their initial reports to the Committee.  While in the region, Mr. Doek also visited Uzbekistan where he met with various authorities and NGOs to discuss the Convention and the recently submitted report of Uzbekistan.  The meetings were organized by UNICEF's country office in Uzbekistan.  Mr. Doek attended the Conference of the International Society on Family Law held in Brisbane, Australia, from 9 to 13 July 2000.  The International Society on Family Law is a membership‑based organization of various legal professionals working and/or interested in family and children's law.  Mr. Doek accepted an invitation to write brief informational notes about the Committee's activities for the organization's newsletter.

657.     Mr. Doek made a presentation at the NGO Workshop on Indigenous Children held in Geneva from 19 to 21 July 2000.  He also represented the Committee at the annual meeting of the United Nations Working Group on Indigenous Populations, held from 24 to 28 July, where he made a presentation on the topic, "The rights of indigenous children and youth".  Mr. Doek also attended (3-7 September) the International Conference on Child Abuse and Neglect.  He made presentations on the two new Optional Protocol to the Convention and accepted an invitation to write regularly brief notes about the Committee's activities for the newsletter of the International Society for the Prevention of Child Abuse and Neglect (ISPCAN).  On 15 and 16 September 2000, Mr. Doek participated in a working conference on "Managing Risk in Child Protection:  European Perspectives", organized in London by The Bridge, a childcare  development service based in the United Kingdom.

658.     On 9 and 10 August 2000, Mrs. Karp participated in Montreal (Canada) in a steering committee meeting of experts, established by the International Bureau of Children's Rights as a follow-up to the report of the International Tribunal on the Sexual Exploitation of Children.  The steering committee discussed the initiation of a project on universal guidelines for the protection of child victims and child witnesses.  The guidelines are intended to reflect a child-friendly, rights-based approach in dealing with the protection of child victims and child witnesses in the criminal justice system worldwide.

659.     On 23 September, Mrs. Karp made a presentation at the interregional meeting of the Kiwanis Club in Milazzo, Sicily, Italy.  The subject of the presentation was "Domestic Violence and the Convention on the Rights of the Child".

IV.  COOPERATION WITH UNITED NATIONS AND OTHER

                                 COMPETENT BODIES

660.     During the pre-sessional working group the Committee held various meetings with United Nations bodies and specialized agencies as well as other competent bodies in the framework of its ongoing dialogue and interaction with these bodies in light of article 45 of the Convention.

661.     On 5 June 2000, members of the Committee met with the Dresden Children's Committee of the German National Committee for UNICEF.  The young people informed the Committee about the "Children of the World-2000" initiative they had launched in the spirit of the Convention.

662.     The Committee held a meeting on 6 June with Mr. Leif Holmström, Deputy Director of the Raoul Wallenberg Institute of Human Rights and Humanitarian Law at the University of Lund (Sweden), during which he presented to the members of the Committee the new series of books entitled "The Raoul Wallenberg Institute Series of Intergovernmental Human Rights Documentation".  The first volume is a compilation of the concluding observations of the Committee on the Rights of the Child, covering the third to the seventeenth sessions.

663.     During the session, the Committee held a meeting with UNICEF.  On 29 September, the Committee met with Mr. Stephen Woodhouse, the new Director of the UNICEF Regional Office for Europe.  During the meeting, Mr. Woodhouse updated the Committee about the United Nations General Assembly Special Session on Children (UNGASS), scheduled to be held in September 2001.  In highlighting the expected role of the Committee in UNGASS, Mr. Woodhouse acknowledged the decision of the General Assembly to consider the Committee as a major partner in the process.  He noted the instrumental role of the Committee in analysing the global trends in the implementation of the Convention through the reporting process and expressed the hope for similar involvement by the Committee in supporting the process to be established beyond 2001.

664.     Mr. Woodhouse also informed the members of the Committee about the Global Movement for Children, a programme to mobilize global leaders from Government, the private sector and civil society, including organizations working with youth, and youth themselves to work together to maximize resources for children.

665.     Mr. Woodhouse indicated that the three main areas of focus for the Global Movement were:  (i) early childcare  and development; (ii) primary education (especially with respect to girls); and (iii) adolescents (particularly as regards HIV/AIDS).  It is expected that these three main themes would form the premise of the policy framework to be established by all partners involved in the Global Movement and would further establish the bases for the agenda/plan of action to come out of UNGASS.  Mr. Woodhouse noted that a number of additional cross-cutting issues would also be addressed during UNGASS, including juvenile justice, children living and/or working on the streets, poverty eradication, debt reduction and children in armed conflict.

V.  THEMATIC DISCUSSION DAY

666.     In the light of rule 75 of its provisional rules of procedure, the Committee on the Rights of the Child has decided periodically to devote one day of general discussion to a specific article of the Convention or to a theme in the area of the rights of the child in order to enhance understanding of the contents and implications of the Convention.

667.     At its twenty-third session, in January 2000, the Committee decided to devote two annual days of general discussion (in September 2000 and September 2001) to the theme "Violence against children".

668.     In an outline prepared to guide the general discussion (for the full text of the outline, see CRC/C/97, annex VI), the Committee pointed out that:

(a)        The Committee has already held several discussion days on issues of relevance to this topic, including:

• in 1992 on children in armed conflict;
  
• in 1993 on economic exploitation of children;
  
• in 1994 on the role of the family in the promotion of the rights of the child;
  
• in 1995 on the administration of juvenile justice;

(b)        In order to have time for more detailed consideration, the Committee decided to focus the discussion of "Violence against children" in 2000 on State violence suffered by children living in institutions managed, licensed or supervised by the State, and in the context of "law and public order" concerns.  In 2001, the focus will be on the problems of violence suffered by children in schools and within the family.  This division does not imply any conceptual distinction and should not be seen as negating the many aspects shared by all forms of violence exerted against children;

(c)        Article 20 of the Convention clearly states that "a child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State".  Unfortunately, it is often children deprived of family protection who are the most common victims of the worst forms of mistreatment and abuse, and too often such abuse takes place either at the hands of State agents or is made possible by their approval, tolerance or neglect;

(d)        The division of the discussion of State violence into two subthemes for in-depth discussion by working groups during the day of general discussion will unavoidably lead to a certain amount of overlap.  The two working groups will concentrate on the following issues:

Working Group I, on "Mistreatment, abuse and neglect of children in the care of the State":  the State has a particular obligation to protect from all forms of abuse those children deprived of a family environment who have been entrusted to its care (Convention, art. 20).  This duty of special protection extends to children who have been placed for adoption or in foster care.  However, the State can most easily take direct action to prevent violence against children placed in institutions which are managed by the State, either directly (public institutions) or through licensing and supervision systems (private institutions),

Working Group II, on "Violence against children in the context of 'law and public order' concerns":  at all stages of the juvenile justice process, children who are alleged to have committed offences are entitled to be treated "in a manner consistent with the promotion of the child's sense of dignity and worth" (art. 40.1).  Children have the right to be protected from all forms of torture, cruel, inhuman or degrading treatment or punishment (art. 37 (a)) and any other form of abuse (art. 19).  Street children have been among the most vulnerable victims of the most extreme forms of violence, including extrajudicial or summary execution, in many countries.  Homeless children are particularly vulnerable to such violence.  Violence against this group of children represents a particularly egregious violation of their rights (arts. 6 and 37), as it follows upon the failure of the State to offer protection and care to children whose rights are already under attack;

(e)        The discussion may include issues such as the definitions of torture or abuse within the meanings of article 37 (a) and article 19 (1) of the Convention.  However, the Committee wants to explore broader aspects of these themes, and the key objectives of the meeting will be:

To present and discuss policies and programmes (including legislative and other measures) at the national and international level to prevent and reduce these types of violence against children and to treat and rehabilitate victims of such violence;

And, in particular, to present recommendations focusing on concrete measures which should and could be taken by States parties to the Convention to reduce and prevent violence against children in these circumstances.

669.     As for previous thematic discussions, the Committee invited representatives of United Nations organs, bodies and specialized agencies, as well as other competent bodies, including non-governmental organizations, research and academic organizations and individual

experts, to contribute to the discussion.  Several organizations and individual experts submitted contributions and other relevant documents on this theme.  The list of these contributions is contained in annex VIII.

670.     Representatives of the following organizations and bodies participated in the day of general discussion:

Governmental bodies

Ministry of Foreign Affairs of Sweden, Permanent Mission of Costa Rica to the United Nations Office at Geneva.

United Nations entities and specialized agencies

International Narcotics Control Board, UNICEF, UNHCR, OHCHR, ILO, WHO (and its European Regional Office).

Non-governmental organizations

Association for Down's Syndrome (Russia), All-Age Development Centre, Amnesty International, Association François-Xavier Bagnaud, Casa Alianza, Center for Protection on the Rights of the Children Foundation (Thailand), Children's Human Rights Centre of Albania, Children's Rights Centre of Ghent University (Belgium), Christian Children's Europe Fund, Coalition Against Trafficking in Women, Consortium for Street Children (United Kingdom), Corporación Opción (Chile), Defence for Children International (DCI), Dignité en Détention, EPOCH-Worldwide, Féderation internationale de l'action des chrétiens pour l'abolition de la torture, Federation for the Protection of Children's Human Rights (Japan), Focal Point on Sexual Exploitation of Children, Foundation of Aboriginal and Torres Strait Islander Research Action (Australia), Human Rights Internet (Canada), Human Rights Watch, Humanitarian Law Project of International Educational Development, Inc., Institut international des droits de l'enfant (Switzerland), International Association for the Child's Right to Play, International Association of Youth and Family Judges and Magistrates, International Federation Terre des Hommes, Mouvement international ATD Quart Monde, Mouvement suisse contre l'enlèvement des enfants, NGO Group for the Convention on the Rights of the Child, Penal Reform International, Quakers United Nations Office, Radda Barnen Ethiopia, Radda Barnen Sweden, Save the Children UK, South African Human Rights Commission (NGO), TAPORI, University of Lincolnshire and Humberside (United Kingdom), University of Luton (United Kingdom), University of Hull Law School (United Kingdom), World Citizen's Movement to Protect Innocence in Danger, World Vision International.

Other organizations

International Committee of the Red Cross

671.     Sir Nigel Rodley and Mr. Bruce Abramson also participated.

672.     The meeting was opened by Ms. Ouedraogo, Chairperson of the Committee, who welcomed participants and guests and called attention to the serious problems of violence suffered by children.  She mentioned inappropriate legislation, and reminded participants that the discussion was only the first of two, with the 2001 day of general discussion dealing with other forms of violence against children.  She expressed the hope that the discussion would lead to the formulation of recommendations that would assist the Committee, States parties and other partners in the implementation of the Convention.

673.     The first part of the morning session (see CRC/C/SR. 649) was devoted to statements by the High Commissioner for Human Rights, Mr. Antonio Silva Henriques Gaspar, the Rapporteur of the Committee on the Rights of the Child, and a member of the Committee against Torture (CAT).  The High Commissioner welcomed the holding of a discussion day on the theme of State violence against children.  She recalled the impact that Committee's discussions had had in the past, referring to the 1992 discussion on the involvement of children in armed conflict and the adoption by the General Assembly on 25 May 2000 of the Optional Protocol to the Convention on that subject.  She also welcomed the participation of CAT and of the Special Rapporteur of the Commission on Human Rights on the question of torture in the discussion.  The High Commissioner described her own experiences witnessing the abuses suffered by children and the requests for assistance that States formulate in trying to improve the implementation of the rights of children in that regard.  She reminded participants that the recommendations emerging from the discussion should keep in mind the importance of action at the national level, and welcomed the participation of United Nations bodies and agencies in the discussion.  In conclusion, she reminded participants that nothing could be more harmful to the full development of a child than violent victimization by those that child should have a right to trust, and that States should ensure that such victimization does not take place at its own hands.

674.     Mr. Doek described the problem of social acceptance of violence used against children as a form of discipline.  He underlined the harmful impact of violence on children, and reminded participants of the objectives of the discussion identified by the Committee in its outline, and in particular the emphasis on the identification of concrete measures to address in the most effective way the prevention of, protection from, and rehabilitation for violence against children.  Mr. Henriques Gaspar underlined the useful assistance that could be obtained for the implementation of the Convention from other international human rights instruments.  He suggested that the mechanisms and criteria established by the Convention against Torture, in particular, could be particularly relevant in the protection of children against State violence.  Mr. Henriques Gaspar pointed out that the conditions under which children are placed in institutions, the use and conditions of detention, the use of force by staff of institutions, or the failure to provide appropriate care are all matters that the Committee against Torture could and should scrutinize.  Article 1 of the Convention against Torture contains the most detailed definition of the concept to be found in international instruments.  Article 16 contains an essential reference to the concept of "cruel, inhuman and degrading treatment" that has been developed into a useful additional framework for the prevention of and protection of children from State violence.  In addition, articles 10, 12, 13 and 14 of the Convention against Torture provide useful guidance on how to implement the provisions of article 37 of the Convention on the Rights of the Child.  The mechanism for the examination of individual complaints established under article 22 of the former Convention provides an additional possibility for enforcing international human rights standards to protect children.

675.     After the introductory statements, the themes for the discussion in the two working groups were introduced by Ms. Smeranda Popa (UNICEF-Romania) and Sir Nigel Rodley (Special Rapporteur of the Commission on Human Rights on the question of torture).

676.     Ms. Popa introduced the subject of discussion for Working Group I, "Mistreatment, abuse and neglect of children in the care of the State".  She emphasized the special responsibility of States for the protection of children deprived of a family environment, and suggested that institutionalization should be considered a measure of last resort.  The best interests of the child should guide placement decisions, and support to families should be encouraged as well as the provision of alternative forms of care, judicial oversight and periodic review of placements.  Among the harmful impacts of mistreatment, abuse and neglect, Ms. Popa identified physical injuries, stunted development, emotional and behavioural disorders, inadequate social skills, and loss of contact with family and community.  She called for action to be taken in the fields of legislation, monitoring, research, training, complaints mechanisms, promoting attitudinal and behavioural change, and allocation of resources.

677.     Sir Nigel pointed out that in his mandate he deals with issues affecting children.  He drew attention in particular to his 1996 and 2000 reports to the Commission and to the General Assembly, which focused in particular on the conditions of detention of children and on children subjected to cruel, inhuman or degrading treatment in non-penal institutions.  In introducing the subject of discussion for Working Group II, "Violence against children in the context of 'law and order' concerns", Sir Nigel referred to violent attacks on street children, and to the torture and ill-treatment suffered by juvenile offenders during interrogation, pre-trial detention and in detention once convicted.  He called for an emphasis on identifying examples of effective measures, policies and programmes to implement article 1 of the Convention against Torture and articles 37 and 19 of the Convention on the Rights of the Child.  He emphasized in particular the need for alternative sentences, review of legislation, bringing to justice perpetrators of torture and providing compensation and rehabilitation to victims, and for efforts to be made for sensitization, education and training.  Finally, Sir Nigel pointed out that, based on his own experience, the discussion should seek to avoid calling for the creation of new international human rights mechanisms, and should instead focus on how to improve the existing mechanisms and the capacity to deal with the subject of State violence against children.  In a context of limited United Nations resources, there was a risk that creating new mechanisms without providing additional resources would only further constrain the effectiveness of the existing ones.

678.     The participants then divided into two working groups for the rest of the morning session.  Working Group I was chaired by Mr. Doek; Ms. Jo Becker, of Human Rights Watch, served as Rapporteur.  Working Group II, was chaired by Ms. Karp, with Mr. Bill Bell, of Save the Children UK, serving as Rapporteur.

679.     The discussion in Working Group I concentrated heavily on the identification of useful implementation measures that would improve the prevention of, protection from and rehabilitation for child victims of State violence.  Most of the issues discussed are reflected in the recommendations adopted by the Committee.  More particularly, participants explored in more depth two issues.  The first was the extent to which an appropriate balance needs to be kept

between recognizing the specific elements that characterize State violence against children while at the same time acknowledging that all forms of violence against children are manifestations of the same problem and must be addressed together. 

680.     The second issue was the need to be careful in promoting alternatives to institutionalization as a way to prevent violence against children in the care of the State.  Most participants agreed that preventing the placement of children in institutions was one of the most effective measures to prevent violence against children and to ensure the best possible environment for children in need of care, and that emphasis must be placed on providing support to parents to obviate the need to remove children from their families.  Some participants acknowledged the provisions of articles 3, 5, 9 and 18 of the Convention but pointed out the need to avoid excessive emphasis on the dangers of institutionalization. 

681.     Participants pointed out that there is a risk that placement in families may come to be considered as automatically preferable to placement in institutions, without due attention to the characteristics of the families and the institutions being considered.  Thus, placement in an institution that incorporates all the necessary safeguards and can provide an appropriate environment for the fullest development of a child can be preferable to allowing a child to remain or to be placed in a harmful family environment.  In any case, the particular circumstances of each child and of the family, cultural and national context should be taken into account.  The child should be given, in accordance with his or her age and maturity, the possibility to express his or her views on the preferred options for placement.  Decisions should be taken giving the best interests of each child more weight than any predetermined preferences for a given placement setting.

682.     Finally, the discussion in Working Group I emphasized repeatedly the need to pay particular attention to the situation of children with disabilities.

683.     The discussion in Working Group II followed four broad themes:  legislation, prevention and protection, awareness raising and monitoring.  Like for Working Group I, most of the issues identified during the discussion are fully reflected in the recommendations adopted by the Committee.  On legislation, participants repeatedly referred to the extensive failure in most cases to apply thoroughly the relevant provisions of the Convention on the Rights of the Child to the juvenile justice system.  Even States that can provide an adequate level of resources without great difficulty often fail to implement all the relevant international standards.  The discussion underlined the need for legislation to be reviewed in a comprehensive manner.  Participants also emphasized the problem posed by laws criminalizing children for "status" offences that should be seen as the result of failure to implement fully the economic and social rights of children and to give them the necessary protection.  Such criminalization broadens the range of children who are placed at risk of being subjected to State violence.

684.     Discussion of traditional methods of justice as a possible alternative to involving children in the formal criminal law system emphasized the need for such traditional methods to respect fully international human rights standards on the treatment of children alleged to have or recognized as having committed criminal offences.  Such methods, and the sense of their "ownership" by the community, can help to promote respect for human rights and to prevent violence against children as well as unnecessary detention.

685.     The often low professional status, poor working conditions and inadequate training of law enforcement officials were amongst the most serious obstacles to effective prevention of violence against children and to the appropriate protection and rehabilitation of children within the juvenile justice system. 

686.     During the afternoon session, the two working groups met again to discuss the draft recommendations prepared by the Rapporteurs for each group, in consultation with the Chairpersons.  At a closing plenary session (see CRC/C/SR. 650), Ms. Becker and Mr. Bell presented to the plenary meeting the recommendations that had been identified by each group.  The High Commissioner said that her Office would study with interest the recommendations adopted by the Committee.  She also pointed out that some of the recommendations proposed for implementation at the international level would require decisions to be taken by other United Nations bodies. 

687.     Closing statements were made by Ms. Karp, Mr. Henriques Gasper, Sir Nigel Rodley and Mrs. Ouedraogo.

688.     On the basis of the recommendations of the two working groups, the following recommendations were adopted by the Committee:

AT THE INTERNATIONAL LEVEL

            1.         The Committee recommends that the Secretary-General be requested, through the General Assembly, to conduct an in-depth international study on the issue of violence against children, as thorough and influential as the 1996 report of the expert of the Secretary-General, Mrs. Graça Machel, on the impact of armed conflict on children (A/51/306).  Such a study should:

            (a)        Explore the different types of violent treatment of which children are victims (including State violence, as well as violence in the home and in schools), identify their causes, the extent of such violence and its impact on children;

(b)        Explore the links between different provisions of the Convention on the Rights of the Child and other international human rights treaties in relation to violence against children;

(c)        Collect information on the activities of different human rights mechanisms and United Nations bodies and agencies and the extent to which the problem of violence against children is addressed in those activities from a human rights perspective;

(d)        Put forward recommendations regarding actions to be taken, including effective remedies and preventative and rehabilitation measures. 

            2.         The Committee will consider the preparation of a set of general comments on different forms of violence against children.

            3.         The Committee urges all States, concerned United Nations agencies and bodies and non‑governmental organizations to give priority attention to violence against children at the United Nations General Assembly Special Session on Children in 2001, and to include steps to eliminate such violence in its resulting plan of action. 

            4.         The Committee recommends that efforts be made by United Nations human rights mechanisms with a mandate to consider individual complaints concerning violations of human rights to identify ways to respond more effectively to individual complaints concerning violence against children.  It encourages non-governmental organizations to disseminate information about the existence and functioning of relevant mechanisms, including those under the Optional Protocol to the International Covenant on Civil and Political Rights, under article 22 of the Convention against Torture, and under the new Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women.  Information should also be disseminated about other United Nations human rights mechanisms for urgent action, particularly by the Special Rapporteurs on the question of torture and on extrajudicial, summary or arbitrary executions and by the Working Groups on Enforced or Involuntary Disappearances and on Arbitrary Detention.  The Committee also encourages non-governmental organizations and others to consider ways in which they can provide legal and other assistance for bringing individual complaints related to violations of the right of children to be protected against torture and other forms of violence before the relevant United Nations and regional human rights mechanisms. 

            5.         The Committee recommends that effective measures be sought in order to strengthen existing United Nations human rights mechanism to ensure that violence against children and the situation of children living and/or working in the streets is adequately addressed.  The Committee encourages the Office of the High Commissioner for Human Rights to organize a special workshop for all relevant treaty bodies, special procedures, and United Nations bodies and agencies to examine:

(a)        Violence against children;

(b)        The effectiveness of existing United Nations mechanisms in addressing this phenomenon;

(c)        The need for improving and possible ways to improve such effectiveness, including consideration of the need to review the application of the existing definition of torture in order to take into account more adequately the special characteristics of children;

(d)        The possible need for either an optional protocol to the Convention to establish a procedure for individual complaints, or the establishment of a new "special procedure" of the Commission on Human Rights; and

(e)        Consideration that could be given to providing from within existing United Nations voluntary funds, assistance for the rehabilitation of child victims of violence.

REVIEW OF LEGISLATION

            6.         The Committee urges States parties to repeal, as a matter of urgency, any legislation that allows the imposition of unacceptable sentences (death or life imprisonment) for offences committed before the age of 18, contrary to the provisions of the Article 37 (a) of the Convention.

            7.         The Committee recommends that States parties review all provisions of criminal legislation, including on criminal procedure, dealing with children under 18 (including any special legislation applying to armed forces) so as to ensure that it reflects appropriately the provisions of the Convention on the Right of the Child (arts. 37 and 40).  It also recommends that States parties consider incorporating into all relevant domestic laws and regulations (including, where appropriate, those dealing with children in care) the provisions of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice ("The Beijing Rules", adopted by General Assembly resolution 40/33 of 29 November 1985), of the United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines, adopted by General Assembly resolution 45/112 of 14 December 1990), of the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (adopted by General Assembly resolution 45/113 of 14 December 1990), and of the Guidelines for Action on Children in the Criminal Justice System (the Vienna Guidelines, annexed to Economic and Social Council resolution 1997/30 of 21 July 1997).  In particular, the Committee recommends that penal legislation applicable to juveniles be reviewed so as to ensure that courts are not restricted to custodial sentences disproportionate to the offence.

            8.         The Committee recommends that States parties review all relevant legislation to ensure that all forms of violence against children, however light, are prohibited, including the use of torture, or cruel, inhuman or degrading treatment (such as flogging, corporal punishment or other violent measures), for punishment or disciplining within the child justice system, or in any other context.  The Committee recommends that such legislation incorporate appropriate sanctions for violations and the provision of rehabilitation for victims.

9.         The Committee recommends that States parties review all relevant legislation to ensure that children under 18, who are in need of protection are not considered as offenders (including legislation dealing with abandonment, vagrancy, prostitution, migrant status, "truancy", runaways, etc.) but are dealt with under child protection mechanisms. 

            10.       The Committee recommends that States parties review emergency and/or national security legislation to ensure that it provides appropriate safeguards to protect the rights of children and prevent violence against them, and that it is not used inappropriately to target children (for example, as threats to public order or in response to children living or working on the streets).

            11.       The Committee recommends, in particular, that States parties give urgent consideration to the need to provide appropriate safeguards to guarantee the security, protection and rehabilitation of children held in custody, including through measures such as the imposition of strict limits on pre-trial detention, that would reduce the number of children held in detention.

            12.       The Committee recommends that States parties review legislation dealing with children deprived of a family environment to ensure that placement decisions are subject to periodic judicial review, including at the request of children themselves.  Such legislation should also be reviewed so as to ensure that relevant rules and regulations set out detailed standards of care for all institutions (public and private) caring for children, including the prohibition of the use of violence.

            13.       The Committee recommends that the effective implementation of all such legislation be carefully monitored, including for the provision of necessary resources.

AWARENESS-RAISING, SENSITIZATION AND TRAINING

            14.       The Committee encourages States parties, NGOs, United Nations human rights mechanisms, United Nations agencies and other bodies to give priority to raising awareness about the problem of violence against children:

            (a)        The Committee urges the launching of public information campaigns to raise awareness and sensitize the public about the severity of human rights violations in this domain and their harmful impact on children, and to address cultural acceptance of violence against children, promoting instead "zero tolerance" of violence;

            (b)        The media should be encouraged to play an active role in educating the public and raising awareness.  Negative reporting (blaming categories of children for individual incidents) should be avoided and positive reporting (calling attention to the violations) encouraged;

            (c)        In raising awareness, children's views and experiences of violence should be publicized and heard;

            (d)        Accurate, up-to-date and disaggregated data should be collected on the numbers and condition of children living in institutions or in the care of the State, held in pre-trial detention or in police stations, serving custodial sentences or subject to diversionary or alternative measures, etc.;

            (e)        States parties should translate appropriate information on violence against children into its national and local languages, and ensure that it is disseminated to all relevant professional groups, to children and to the general public.

            15.       The Committee recommends that minimum standards be set for the professional qualification and training of individuals working in institutions caring for children, in alternative systems, in the police, and in juvenile penal institutions, including the condition that they not have a prior record of violence.  The professional status, rewards and career incentives for such workers should ensure that appropriate qualifications can be requested for these professional groups.

            16.       The Committee recommends that States parties, in partnership with relevant NGOs and seeking international technical assistance where appropriate, ensure training in child rights for all relevant professional groups including, but not limited to, care and social workers, health professionals, lawyers, the judiciary, members of police and other security forces, staff of penal institutions, etc.  Such training should follow interdisciplinary methods promoting collaborative approaches, include relevant human rights standards and non-violent methods of discipline, promote alternatives to institutionalization, and provide information on child development, and on the background, rights and needs of specially vulnerable groups of children (those from minority groups, children with disabilities, etc.).

PREVENTION, INCLUDING ALTERNATIVES TO INSTITUTIONALIZATION

            17.       The Committee recommends that States parties develop the use of alternative measures in order to avoid long-term placement of children in institutions that do not provide the type of setting children need, not only for survival, but also for development, including psychological, mental, spiritual, moral, psychological and social development, in a manner compatible with human dignity and to prepare the child for an individual life in a free society, in accordance with article 6 of the Convention. 

            18.       The Committee also recalls to the attention of States parties the provisions of paragraphs 3 (b) and 4 of article 40 of the Convention, which call on State parties to deal with children alleged to have infringed or recognized as having infringed penal law without resorting to judicial proceedings, whenever appropriate, and by ensuring the availability of a variety of alternatives to institutional care to deal with such children in a manner appropriate for their well‑being and proportionate to their circumstances as well as to the offence.

            19.       The Committee recommends that efforts be made to implement fully the provisions of article 18 (2) of the Convention, providing appropriate assistance to parents and legal guardians in their child-rearing responsibilities.  The Committee notes that home visits by case workers with workloads small enough to allow for them can be effective in reducing the need for institutionalization. 

            20.       In particular, the Committee points out that, in accordance with the provisions of article 23 of the Convention, special care as well as access to education, training, health care and rehabilitation services, preparation for employment and recreation opportunities should be provided in a manner "conducive to the child's achieving the fullest possible social integration and individual development".  The Committee encourages States parties to make every effort to provide assistance for children with disabilities and support services for their families, to the maximum extent possible on an out-patient or community basis, thereby avoiding removal of children with disabilities from their families for placement in institutions.

            21.       The Committee recommends that States parties make every effort to implement fully the provisions of article 20 (3) of the Convention; that special protection provided to children deprived of a family environment include as preferable options providing for the placement of children with suitable families, including members of their own families (including, where appropriate, child-headed families), foster families or adoptive families, whenever appropriate, and providing such families with the necessary support and supervision; and that regularly temporary placements be monitored and reviewed.  In developing such alternatives, States should consider the special needs of children affected by HIV/AIDS.  Efforts should be made to involve children and their parents in decisions regarding the most appropriate care and placement alternatives for the child.

            22.       The Committee recommends that, for children placed in institutions, consideration be given to the following:

            (a)        Small institutions caring for children in home-type settings often have a better record of caring for children;

            (b)        Smaller institutional settings, or the delivery of care and assistance to children and support to their families can be less costly and preferable for the full enjoyment of the human rights of children than institutionalization in large, sometimes impersonal institutions;

            (c)        A lesser number of better trained professionals can deliver more appropriate care to children than a large number of poorly trained or untrained workers;

            (d)        Efforts should be made to ensure contact between the child and his or her family (when appropriate) and to avoid the isolation of children in institutions (for example, by ensuring that education, recreation, or health services are provided outside the institution).

            23.       The Committee recommends that States parties consider the introduction of schemes for judges and magistrates to work with probation and social work staff to assess non‑custodial alternatives.  The Committee also encourages consideration of alternatives to pre‑trial detention such as conditional release and bail schemes.  Consideration should also be given to the use of traditional and local level mechanisms - where they are compatible with international human rights principles and rules - as a means of diverting children from contact with the more formal criminal justice system.

            24.       The Committee recommends that States parties make every effort to ensure, in recruiting staff to care for children in all types of institutions, that due attention is given to the need to ensure the capacity of staff to make effective use of non-violent methods of discipline.  Institutions should adopt anti-bullying and anti-violence strategies and policies, and provide training for staff in their implementation. 

            25.       The Committee recommends that special training be given to encourage direct dialogue between police and children living or working in the streets.  It also recommends that States parties develop community-based support systems for such children, provide access to social workers and promote education or employment training opportunities without requiring institutionalization. 

MONITORING AND COMPLAINT MECHANISMS

            26.       The Committee recommends that urgent attention be given to ensuring the establishment and effective functioning of systems to monitor the treatment received by children deprived of a family or alleged or recognized to have infringed penal law, and to provide advice to improve their care and condition.  Such monitoring should:

            (a)        Ensure full access to facilities and records, and inspection of all institutions (both public and private, and including police stations and penal institutions);

            (b)        Permit unannounced visits, and include the holding of private consultation with children and staff;

            (c)        Monitor the status and condition of the children and their development, rather than focus only on the state of the facilities or the provision of services;

            (d)        Provide input for the regular review of placements;

            (e)        Make adequate provision for reporting or complaints to be received from the institution, staff, children themselves, their parents or legal guardians, and from NGOs or other institutions of civil society, while providing appropriate protection from reprisals, particularly for children and staff;

            (f)         Include mandatory reporting by staff of incidences of violence;

            (g)        Ensure that children are informed and aware about the existence and functioning of complaints mechanisms, that they are involved in the design of appropriate mechanisms, and that their special needs are taken into account (for example, by avoiding the need for children to repeat their statements unless absolutely necessary), including those with disabilities, different linguistic abilities, etc;

            (h)        Provide full guarantees of independent and thorough investigation of any complaints, including judicial investigation for any deaths or cases of grievous bodily harm, and ensure that the perpetrators of violence are appropriately disciplined, including, when warranted, the possibility of dismissal and the bringing of criminal charges;

            (i)         Ensure that full reports on any investigations are made public (while maintaining the rights of the child to privacy) and made known to relevant government officials and policy makers.

            27.       The Committee recommends that medical and psychological services and rehabilitation provided to children in care or in detention be provided independently of the authorities running such institutions, and that provision be made to ensure that children can participate in the monitoring of the conditions of care.

            28.       The Committee recommends that consideration be given to the establishment of services to provide counselling, advice and support for child victims of violence including, for example, telephone hotlines or similar mechanisms.

Resources

            29.       The Committee draws the attention of States parties, United Nations bodies and agencies, organizations of civil society and other bodies to the need to ensure that adequate resources are allocated to the protection and rehabilitation of children in care and of children alleged or recognized to have infringed penal law, so as to ensure effective prevention of all forms of violence.

            30.       The Committee reminds States parties that under the provisions of article 4 of the Convention, only "economic, social and cultural rights" are subject to implementation to the "maximum extent of available resources" while States parties "shall undertake all appropriate legislative, administrative and other measures" for the implementation of all other rights, including the right of children to be free from torture, and cruel and inhuman or degrading treatment (in accordance with art. 37 (a)) and the right to be protected from all forms of violence and abuse (art. 19).

            31.       The Committee encourages States parties and donors of international technical assistance to allocate resources to programmes and measures designed to improve prevention, protection and rehabilitation mechanisms for children exposed to all forms of State violence.

            32.       The Committee recommends that States parties ensure that additional resources are allocated to improve the conditions under which children are cared for or held, including by improving the professional status of those working for or in contact with children.  It urges States parties and others to ensure that available resources are used in the manner most conducive to preventing and protecting children from all sorts of violence.  The Committee calls attention to the need to consider the allocation of resources as part of the effort to review the relevant legislation.

Role of non-governmental organizations

            33.       The Committee encourages non-governmental organizations to devote increased attention to the prevention of and protection of children from State violence.  It urges NGOs to consider providing legal assistance to children and their advocates and assisting Governments to formulate appropriate prevention, protection and rehabilitation measures, in addition to monitoring the situation of children in vulnerable circumstances.

            34.       The Committee encourages NGOs in particular to support States parties and children in efforts to ensure that children's views and experiences of violence are heard and taken into account in public debate and policy. 

            35.       The Committee points out that NGOs in their provision of services to children should ensure that the State does not avoid its own obligations by delegating NGOs to provide services and care to children without providing both the necessary resources and appropriate supervision.

            36.       In accordance with the provisions of article 45 (a) of the Convention, the Committee encourages NGOs to prepare and present to it information regarding all forms of violence against children, including culturally "acceptable" forms.

VI.  GENERAL COMMENTS

689.     At its 661st meeting, held on 2 October 2000, the Committee met with Mr. Philip Alston, the expert providing assistance with the drafting of the Committee's first general comment under the High Commissioner's Plan of Action to Strengthen Implementation of the Convention on the Rights of the Child.  Mr. Alston presented to the Committee a note outlining the key issues that, in his opinion, should be addressed by the general comment, on article 29 (1), and invited comments and suggestions from Committee members.  He proposed that the draft include a reference to the Committee's understanding of the role and functions of general comments.  Mr. Alston also discussed the multiple objectives that a general comment on article 29 (1) would serve; the different functions that the provisions of article 29 (1) play in the implementation of the human rights of children; the links between article 29 (1) and the struggle against racism; and the effective role that can be played by the Committee, and the reporting process, in promoting implementation of article 29 (1).  In the discussion that ensued, Committee members emphasized the need to place the implementation of the provisions of article 29 (1) within the context of the overall approach to the human rights of children enshrined in the Convention.  They also referred to the importance of exploring the links between article 29 (1) and other particularly relevant articles.  In addition, members emphasized the complementary nature of the different provisions included in the text of article 29 (1).

VII.  DRAFT PROVISIONAL AGENDA FOR THE TWENTY-SIXTH SESSION

690.     The following is the draft provisional agenda for the twenty-sixth session of the Committee:

1.         Adoption of the agenda.

2.         Organizational matters.

3.         Submission of reports by States parties.

4.         Consideration of reports of States parties.

5.         Cooperation with other United Nations bodies, specialized agencies and other

            competent bodies.

6.         Methods of work of the Committee.

7.         General comments.

8.         Future meetings.

9.         Other matters.

VIII.  ADOPTION OF THE REPORT

691.     At its 669th meeting, held on 6 October 2000, the Committee considered the draft report on its twenty-fifth session.  The report was adopted unanimously by the Committee.

Annex I

STATES WHICH HAVE RATIFIED OR ACCEDED TO THE CONVENTION

ON THE RIGHTS OF THE CHILD AS AT 6 OCTOBER 2000

(191)

States                      Date of signature               Date of receipt of                       Date of entry

                                                                       instrument of                              into force

                                                                       ratification/

                                                                       accession^a                     

Afghanistan             27 September 1990          28 March 1994                         27 April 1994

Albania                   26 January 1990               27 February 1992                     28 March 1992

Algeria                    26 January 1990               16 April 1993                            16 May 1993

Andorra                    2 October 1995                2 January 1996                          1 February 1996

Angola                    14 February 1990               5 December 1990                     4 January 1991

Antigua and

 Barbuda                 12 March 1991                  5 October 1993                        4 November 1993

Argentina                29 June 1990                      4 December 1990                     3 January 1991

Armenia                                                          23 June 1993^a                           22 July 1993

Australia                  22 August 1990                17 December 1990                   16 January 1991

Austria                    26 January 1990                 6 August 1992                           5 September 1992

Azerbaijan                                                       13 August 1992^a                       12 September 1992

Bahamas                 30 October 1990              20 February 1991                     22 March 1991

Bahrain                                                            13 February 1992^a                    14 March 1992

Bangladesh              26 January 1990                 3 August 1990                           2 September 1990

Barbados                19 April 1990                     9 October 1990                        8 November 1990

Belarus                    26 January 1990                 1 October 1990                      31 October 1990

Belgium                   26 January 1990               16 December 1991                   15 January 1992

Belize                        2 March 1990                  2 May 1990                              2 September 1990

Benin                      25 April 1990                     3 August 1990                           2 September 1990

Bhutan                      4 June 1990                      1 August 1990                           2 September 1990

Bolivia                       8 March 1990                26 June 1990                              2 September 1990

Bosnia and

 Herzegovina^b                                                                                                    6 March 1992

Botswana                                                        14 March 1995^a                        13 April 1995

Brazil                      26 January 1990               24 September 1990                   24 October 1990

Brunei

 Darussalam                                                     27 December 1995^a                  26 January 1996

                                              

^a  Accession.

^b  Succession.

States                      Date of signature               Date of receipt of                       Date of entry

                                                                       instrument of                              into force

                                                                       ratification/

                                                                       accession^a

Bulgaria                   31 May 1990                     3 June 1991                              3 July 1991

Burkina Faso           26 January 1990               31 August 1990                         30 September 1990

Burundi                     8 May 1990                   19 October 1990                      18 November 1990

Cambodia               22 September 1992          15 October 1992                      14 November 1992

Cameroon               25 September 1990          11 January 1993                        10 February 1993

Canada                   28 May 1990                   13 December 1991                   12 January 1992

Cape Verde                                                      4 June 1992^a                             4 July 1992

Central African                                                                                                

 Republic                 30 July 1990                     23 April 1992                            23 May 1992

Chad                       30 September 1990            2 October 1990                        1 November 1990

Chile                       26 January 1990               13 August 1990                         12 September 1990

China                      29 August 1990                  2 March 1992                           1 April 1992

Colombia                26 January 1990               28 January 1991                        27 February 1991

Comoros                 30 September 1990          22 June 1993                            21 July 1993

Congo                                                             14 October 1993^a                     13 November 1993

Cook Islands                                                     6 June 1997^a                             6 July 1997

Costa Rica              26 January 1990               21 August 1990                         20 September 1990

Côte d'Ivoire          26 January 1990                 4 February 1991                       6 March 1991

Croatia^b                                                                                                             8 October 1991

Cuba                       26 January 1990               21 August 1991                         20 September 1991

Cyprus                      5 October 1990                7 February 1991                       9 March 1991

Czech Republic^b                                                                                                 1 January 1993

Democratic

 People's

 Republic of

 Korea                    23 August 1990                21 September 1990                   21 October 1990

Democratic

 Republic of

 Congo                    20 March 1990                27 September 1990                   27 October 1990

Denmark                 26 January 1990               19 July 1991                             18 August 1991

Djibouti                   30 September 1990            6 December 1990                     5 January 1991

Dominica                 26 January 1990               13 March 1991                         12 April 1991

Dominican

 Republic                   8 August 1990                11 June 1991                            11 July 1991

Ecuador                  26 January 1990               23 March 1990                           2 September 1990

Egypt                        5 February 1990               6 July 1990                               2 September 1990

El Salvador             26 January 1990               10 July 1990                               2 September 1990

States                      Date of signature               Date of receipt of                       Date of entry

                                                                       instrument of                              into force

                                                                       ratification/

                                                                       accession^a

Equatorial Guinea                                            15 June 1992^a                                    15 July 1992

Eritrea                     20 December 1993             3 August 1994                           2 September 1994

Estonia                                                            21 October 1991^a                     20 November 1991

Ethiopia                                                           14 May 1991^a                           13 June 1991

Fiji                            2 July 1993                     13 August 1993                         12 September 1993

Finland                    26 January 1990               20 June 1991                            20 July 1991

France                    26 January 1990                 7 August 1990                           6 September 1990

Gabon                     26 January 1990                 9 February 1994                     11 March 1994

Gambia                     5 February 1990               8 August 1990                         7 September 1990

Georgia                                                             2 June 1994^a                            2 July 1994

Germany                 26 January 1990                 6 March 1992                          5 April 1992

Ghana                     29 January 1990                 5 February 1990                      2 September 1990 Greece      26 January 1990                       11 May 1993                                                         10 June 1993

Grenada                  21 February 1990               5 November 1990                    5 December 1990

Guatemala               26 January 1990                 6 June 1990                             2 September 1990

Guinea                                                             13 July 1990^a                              2 September 1990

Guinea-Bissau         26 January 1990               20 August 1990                         19 September 1990

Guyana                   30 September 1990          14 January 1991                        13 February 1991

Haiti                        20 January 1990                 8 June 1995                             8 July 1995

Holy See                 20 April 1990                   20 April 1990                            2 September 1990

Honduras                31 May 1990                   10 August 1990                         9 September 1990

Hungary                  14 March 1990                  7 October 1991                       6 November 1991

Iceland                    26 January 1990               28 October 1992                      27 November 1992

India                                                                11 December 1992^a                  11 January 1993

Indonesia                26 January 1990                 5 September 1990                   5 October 1990

Iran (Islamic

 Republic of)             5 September 1991          13 July 1994                             12 August 1994

Iraq                                                                 15 June 1994^a                           15 July 1994

Ireland                    30 September 1990          28 September 1992                   28 October 1992

Israel                         3 July 1990                       3 October 1991                        2 November 1991

Italy                        26 January 1990                 5 September 1991                     5 October 1991

Jamaica                   26 January 1990               14 May 1991                            13 June 1991

Japan                      21 September 1990          22 April 1994                            22 May 1994

Jordan                     29 August 1990                24 May 1991                            23 June 1991

Kazakhstan             16 February 1994             12 August 1994                         11 September 1994

Kenya                     26 January 1990               30 July 1990                               2 September 1990

States                      Date of signature               Date of receipt of                       Date of entry

                                                                       instrument of                              into force

                                                                       ratification/

                                                                       accession^a

Kiribati                                                            11 December 1995^a                  10 January 1996

Kuwait                      7 June 1990                    21 October 1991                      20 November 1991

Kyrgyzstan                                                        7 October 1994                        6 November 1994

Lao People's

 Democratic

 Republic                                                           8 May 1991^a                             7 June 1991

Latvia                                                              14 April 1992^a                          14 May 1992

Lebanon                  26 January 1990               14 May 1991                            13 June 1991

Lesotho                   21 August 1990                10 March 1992                           9 April 1992

Liberia                    26 April 1990                     4 June 1993                              4 July 1993

Libyan Arab           

 Jamahiriya                                                      15 April 1993^a                          15 May 1993

Liechtenstein           30 September 1990          22 December 1995                   21 January 1996

Lithuania                                                          31 January 1992^a                        1 March 1992

Luxembourg            21 March 1990                  7 March 1994                           6 April 1994

Madagascar            19 April 1990                   19 March 1991                         18 April 1991

Malawi                                                              2 January 1991^a                        1 February 1991

Malaysia                                                          17 February 1995^a                    19 March 1995

Maldives                 21 August 1990                11 February 1991                     13 March 1991

Mali                        26 January 1990               20 September 1990                   20 October 1990

Malta                      26 January 1990               30 September 1990                   30 October 1990

Marshall Islands      14 April 1993                     4 October 1993                        3 November 1993

Mauritania               26 January 1990               16 May 1991                            15 June 1991

Mauritius                                                         26 July 1990^a                              2 September 1990

Mexico                   26 January 1990               21 September 1990                   21 October 1990

Micronesia             

 (Federated

 States of)                                                          5 May 1993^a                             4 June 1993

Monaco                                                          21 June 1993^a                           21 July 1993

Mongolia                 26 January 1990                 5 July 1990                               2 September 1990

Morocco                 26 January 1990               21 June 1993                            21 July 1993

Mozambique           30 September 1990          26 April 1994                            26 May 1994

Myanmar                                                         15 July 1991^a                            14 August 1991

Namibia                  26 September 1990          30 September 1990                   30 October 1990

Nauru                                                              27 July 1994^a                            26 August 1994

States                      Date of signature               Date of receipt of                                   Date of entry

                                                                       instrument of                                          into force

                                                                       ratification/

                                                                       accession^a

Nepal                      26 January 1990               14 September 1990                   14 October 1990

Netherlands             26 January 1990                 6 February 1995                       7 March 1995

New Zealand            1 October 1990                6 April 1993                              6 May 1993

Nicaragua                 6 February 1990               5 October 1990                        4 November 1990

Niger                      26 January 1990               30 September 1990                   30 October 1990

Nigeria                    26 January 1990               19 April 1991                            19 May 1991

Niue                                                                20 December 1995^a                  19 January 1996

Norway                  26 January 1990                 8 January 1991                          7 February 1991

Oman                                                                9 December 1996^a                    8 January 1997

Pakistan                  20 September 1990          12 November 1990                   12 December 1990

Palau                                                                 4 August 1995^a                         3 September 1995

Panama                   26 January 1990               12 December 1990                   11 January 1991

Papua

New Guinea            30 September 1990            1 March 1993                         31 March 1993

Paraguay                   4 April 1990                   25 September 1990                   25 October 1990

Peru                        26 January 1990                 4 September 1990                     4 October 1990

Philippines               26 January 1990               21 August 1990                         20 September 1990

Poland                    26 January 1990                 7 June 1991                              7 July 1991

Portugal                  26 January 1990               21 September 1990                   21 October 1990 Qatar              8 December 1992        3 April 1995                                                           3 May 1995

Republic of

 Korea                    25 September 1990          20 November 1991                   20 December 1991

Republic of

 Moldova                                                        26 January 1993^a                      25 February 1993

Romania                  26 January 1990               28 September 1990                   28 October 1990

Russian

 Federation              26 January 1990               16 August 1990                         15 September 1990

Rwanda                  26 January 1990               24 January 1991                        23 February 1991

Saint Kitts

 and Nevis               26 January 1990               24 July 1990                               2 September 1990

Saint Lucia                                                      16 June 1993^a                           16 July 1993

Saint Vincent and

the Grenadines        20 September 1993          26 October 1993                      25 November 1993

Samoa                    30 September 1990          29 November 1994                   29 December 1994

San Marino                                                     25 November 1991^a                  25 December 1991

Sao Tome              

 and Principe                                                   14 May 1991^a                           13 June 1991

States                      Date of signature               Date of receipt of                       Date of entry

                                                                       instrument of                              into force

                                                                       ratification/

                                                                       accession^a

Saudi Arabia                                                   26 January 1996^a                      25 February 1996

Senegal                   26 January 1990               31 July 1990                               2 September 1990

Seychelles                                                         7 September 1990^a                   7 October 1990

Sierra Leone           13 February 1990             18 June 1990                              2 September 1990

Singapore                                                          5 October 1995^a                       4 November 1995

Slovakia^b                                                                                                            1 January 1993

Slovenia^b                                                                                                          25 June 1991

Solomon Islands                                              10 April 1995^a                          10 May 1995

South Africa            29 January 1993               16 June 1995                            16 July 1995

Spain                      26 January 1990                 6 December 1990                     5 January 1991

Sri Lanka                26 January 1990               12 July 1991                             11 August 1991

Sudan                     24 July 1990                       3 August 1990                           2 September 1990

Suriname                 26 January 1990                 1 March 1993                         31 March 1993

Swaziland                22 August 1990                  7 September 1995                     6 October 1995

Sweden                   26 January 1990               29 June 1990                              2 September 1990

Switzerland               1 May 1991                   24 February 1997                     26 March 1997

Syrian Arab

 Republic                 18 September 1990          15 July 1993                             14 August 1993

Tajikistan                                                         26 October 1993^a                     25 November 1993

Thailand                                                          27 March 1992^a                        26 April 1992

The former

 Yugoslav

 Republic of

 Macedonia^b                                                                                                     17 September 1991

Togo                       26 January 1990                 1 August 1990                           2 September 1990

Tonga                                                                6 November 1995^a                    6 December 1995

Trinidad and

 Tobago                  30 September 1990            5 December 1991                     4 January 1992

Tunisia                    26 February 1990             30 January 1992                        29 February 1992

Turkey                    14 September 1990            4 April 1995                              4 May 1995

Turkmenistan                                                   20 September 1993^a                 19 October 1993

Tuvalu                                                             22 September 1995^a                 22 October 1995

Uganda                   17 August 1990                17 August 1990                         16 September 1990

Ukraine                   21 February 1991             28 August 1991                         27 September 1991

United Arab

  Emirates                                                          3 January 1997^a                        2 February 1997

States                      Date of signature               Date of receipt of                       Date of entry

                                                                       instrument of                              into force

                                                                       ratification/

                                                                       accession^a

United Kingdom of

 Great Britain and

Northern Ireland      19 April 1990                   16 December 1991                   15 January 1992

United Republic

 of Tanzania               1 June 1990                    10 June 1991                            10 July 1991

Uruguay                  26 January 1990               20 November 1990                   20 December 1990

Uzbekistan                                                      29 June 1994^a                           29 July 1994

Vanuatu                  30 September 1990            7 July 1993                               6 August 1993

Venezuela               26 January 1990               13 September 1990                   13 October 1990

Viet Nam                26 January 1990               28 February 1990                      2 September 1990

Yemen                    13 February 1990               1 May 1991                            31 May 1991

Yugoslavia              26 January 1990                 3 January 1991                          2 February 1991

Zambia                    30 September 1990          5 December 1991                      5 January 1992

Zimbabwe               8 March 1990                 11 September 1990                   11 October 1990

Annex II

STATES WHICH HAVE SIGNED OR RATIFIED THE OPTIONAL PROTOCOL TO

THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE INVOLVEMENT

OF CHILDREN IN ARMED CONFLICT AS AT 6 OCTOBER 2000 (3)

States                                                    Date of signature                 Date of receipt of instrument of                                                                   ratification/accession

Andorra                                                   7 September 2000

Argentina                                               15 June 2000

Austria                                                     6 September 2000

Azerbaijan                                               8 September 2000

Bangladesh                                              6 September 2000            6 September 2000

Belgium                                                    6 September 2000

Belize                                                       6 September 2000

Bosnia and Herzegovina                           7 September 2000

Brazil                                                       6 September 2000

Cambodia                                              27 June 2000

Canada                                                    5 June 2000                      7 July 2000

Colombia                                                 6 September 2000

Costa Rica                                               7 September 2000

Czech Republic                                        6 September 2000

Democratic Republic of the Congo           8 September 2000

Denmark                                                  7 September 2000

Ecuador                                                   6 September 2000

El Salvador                                            18 September 2000

Finland                                                     7 September 2000

France                                                     6 September 2000

Gabon                                                     8 September 2000

Germany                                                  6 September 2000

Greece                                                     7 September 2000

Guatemala                                                7 September 2000

Guinea-Bissau                                          8 September 2000

Iceland                                                     7 September 2000

Ireland                                                     7 September 2000

Italy                                                         6 September 2000

Jamaica                                                    8 September 2000

Jordan                                                     6 September 2000

States                                                    Date of signature                 Date of receipt of instrument of                                                                   ratification/accession

Kazakhstan                                              6 September 2000

Kenya                                                      8 September 2000

Lesotho                                                   6 September 2000

Liechtenstein                                            8 September 2000

Luxembourg                                             8 September 2000

Madagascar                                             7 September 2000

Malawi                                                    7 September 2000

Mali                                                         8 September 2000

Malta                                                       7 September 2000

Mexico                                                    7 September 2000

Monaco                                                 26 June 2000

Morocco                                                 8 September 2000

Namibia                                                   8 September 2000

Nauru                                                      8 September 2000

Nepal                                                      8 September 2000

Netherlands                                             7 September 2000

New Zealand                                           7 September 2000

Nigeria                                                     8 September 2000

Norway                                                 13 June 2000

Paraguay                                                13 September 2000

Philippines                                                8 September 2000

Portugal                                                   6 September 2000

Republic of Korea                                    6 September 2000

Romania                                                  6 September 2000

San Marino                                              5 June 2000

Senegal                                                    8 September 2000

Sierra Leone                                            8 September 2000

Singapore                                                7 September 2000

Slovenia                                                   8 September 2000

Spain                                                       6 September 2000

Sri Lanka                                               21 August 2000                  8 September 2000

Sweden                                                   8 June 2000

Switzerland                                              7 September 2000

Turkey                                                     8 September 2000

Ukraine                                                    7 September 2000

States                                                    Date of signature                 Date of receipt of instrument of                                                                   ratification/accession

United Kingdom of Great Britain

 and Northern Ireland                               7 September 2000

United States of America                          5 July 2000

Uruguay                                                   7 September 2000

Venezuela                                                7 September 2000

Viet Nam                                                 8 September 2000

Annex III

STATES WHICH HAVE SIGNED OR RATIFIED THE OPTIONAL PROTOCOL

TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE SALE OF

CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY AS AT

6 OCTOBER 2000 (1)

State	Date of signature	Date of receipt of instrument of ratification/accession
Andorra Austria Azerbaijan Bangladesh Belgium	7 September 2000   6 September 2000   8 September 2000   6 September 2000   6 September 2000	6 September 2000
Belize Bosnia and Herzegovina Brazil Cambodia Chile	6 September 2000   7 September 2000   6 September 2000 27 June 2000 28 June 2000
China Colombia Costa Rica Cuba Denmark	6 September 2000   6 September 2000   7 September 2000 13 October 2000   7 September 2000
Ecuador Finland France Gabon Germany	6 September 2000   7 September 2000   6 September 2000   8 September 2000   6 September 2000
Greece Guatemala Guinea-Bisau Holy See Iceland	7 September 2000   7 September 2000   8 September 2000 10 October 2000   7 September 2000
Ireland Italy Jamaica Jordan Kazakhstan	7 September 2000   6 September 2000   8 September 2000   6 September 2000   6 September 2000
Kenya Lesotho Liechtenstein Luxembourg Madagascar	8 September 2000   6 September 2000   8 September 2000   8 September 2000   7 September 2000
Malawi Malta Mexico Monaco Morocco	7 September 2000   7 September 2000   7 September 2000 26 June 2000   8 September 2000
Namibia Nauru Nepal Netherlands New Zealand	8 September 2000   8 September 2000   8 September 2000   7 September 2000   7 September 2000
Nigeria Norway Paraguay Philippines Portugal	8 September 2000 13 June 2000 13 September 2000   8 September 2000   6 September 2000
Republic of Korea Romania San Marino Senegal Sierra Leone	6 September 2000   6 September 2000   5 June 2000   8 September 2000   8 September 2000
Slovenia Spain Sweden Switzerland Turkey	8 September 2000   6 September 2000   8 September 2000   7 September 2000   8 September 2000
Ukraine United Kingdom of Great Britain   and Northern Ireland United States of America Uruguay Venezuela	7 September 2000     7 September 2000   5 July 2000   7 September 2000   7 September 2000
Viet Nam	8 September 2000

Annex IV

MEMBERSHIP OF THE COMMITTEE ON THE RIGHTS OF THE CHILD

Name of member                                                        Country of nationality

Mr. Jacob Egbert DOEK**                                        Netherlands

Mrs. Amina Hamza EL GUINDI**                             Egypt

Mr. Francesco Paolo FULCI*                                    Italy

Mrs. Judith KARP**                                                  Israel

Mrs. Lily I. RILANTONO*                                        Indonesia

Mrs. Esther Margaret Queen MOKHUANE*             South Africa

Mrs. Awa N'Deye OUEDRAOGO**                        Burkina Faso

Mr. Ghassan Salim RABAH*                                      Lebanon

Mrs. Marilia SARDENBERG*                                    Brazil

Mrs. Elisabeth TIGERSTEDT-TÄHTELÄ**               Finland

                                               

   *  Term expires on 28 February 2001.

 **  Term expires on 28 February 2003.

Annex V

STATUS OF SUBMISSION OF REPORTS BY STATES PARTIES UNDER ARTICLE 44 OF

THE CONVENTION ON THE RIGHTS OF THE CHILD AS AT 6 OCTOBER 2000

Initial reports due in 1992

State party	Date of entry into force	Date due	Date of submission	Symbol
Bangladesh   Barbados Belarus Belize Benin	2 September 1990     8 November 1990 31 October 1990   2 September 1990   2 September 1990	1 September 1992     7 November 1992 30 October 1992   1 September 1992   1 September 1992	15 November 1995   12 September 1996 12 February 1993   1 November 1996 22 January 1997	CRC/C/3/Add.38   and Add.49 CRC/C/3/Add.45 CRC/C/3/Add.14 CRC/C/3/Add.46 CRC/C/3/Add.52
Bhutan Bolivia Brazil Burkina Faso Burundi	2 September 1990   2 September 1990 24 October 1990 30 September 1990 18 November 1990	1 September 1992   1 September 1992 23 October 1992 29 September 1992 17 November 1992	20 April 1999 14 September 1992     7 July 1993 19 March 1998	CRC/C/3/Add.59 CRC/C/3/Add.2   CRC/C/3/Add.19 CRC/C/3/Add.58
Chad Chile Costa Rica Democratic People's Republic   of Korea Democratic Republic of the   Congo	1 November 1990 12 September 1990 20 September 1990   21 October 1990   27 October 1990	31 October 1992 11 September 1992 20 September 1992   20 October 1992   26 October 1992	14 January 1997 22 June 1993 28 October 1992   13 February 1996   16 February 1998	CRC/C/3/Add.50 CRC/C/3/Add.18 CRC/C/3/Add.8   CRC/C/3/Add.41   CRC/C/3/Add.57
Initial reports due in 1992 (continued)
State party	Date of entry into force	Date due	Date of submission	Symbol
Ecuador Egypt El Salvador   France Gambia	2 September 1990   2 September 1990   2 September 1990     6 September 1990   7 September 1990	1 September 1992   1 September 1992   1 September 1992     5 September 1992   6 September 1992	11 June 1996 23 October 1992   3 November 1992     8 April 1993 20 November 1999	CRC/C/3/Add.44 CRC/C/3/Add.6 CRC/C/3/Add.9   and Add.28 CRC/C/3/Add.15 CRC/C/3/Add.61
Ghana Grenada Guatemala Guinea Guinea-Bissau	2 September 1990   5 December 1990   2 September 1990   2 September 1990 19 September 1990	1 September 1992   4 December 1992   1 September 1992   1 September 1992 18 September 1992	20 November 1995 24 September 1997   5 January 1995 20 November 1996   6 September 2000	CRC/C/3/Add.39 CRC/C/3/Add.55 CRC/C/3/Add.33 CRC/C/3/Add.48 CRC/C/3/Add.63
Holy See Honduras Indonesia   Kenya Mali	2 September 1990  9 September 1990  5 October 1990    2 September 1990 20 October 1990	1 September 1992   8 September 1992   4 October 1992     1 September 1992 19 October 1992	2 March 1994 11 May 1993 17 November 1992   13 January 2000   2 April 1997	CRC/C/3/Add.27 CRC/C/3/Add.17 CRC/C/3/Add.10   and Add.26 CRC/C/3/Add.62 CRC/C/3/Add.53
Malta Mauritius Mexico Mongolia Namibia	30 October 1990   2 September 1990 21 October 1990   2 September 1990 30 October 1990	29 October 1992   1 September 1992 20 October 1992   1 September 1992 29 October 1992	26 December 1997 25 July 1995 15 December 1992 20 October 1994 21 December 1992	CRC/C/3/Add.56 CRC/C/3/Add.36 CRC/C/3/Add.11 CRC/C/3/Add.32 CRC/C/3/Add.12
Initial reports due in 1992 (continued)
State party	Date of entry into force	Date due	Date of submission	Symbol
Nepal Nicaragua Niger Pakistan Paraguay	14 October 1990   4 November 1990 30 October 1990 12 December 1990 25 October 1990	13 October 1992   3 November 1992 29 October 1992 11 December 1992 24 October 1992	10 April 1995 12 January 1994   25 January 1993 30 August 1993 and 13 November 1996	CRC/C/3/Add.34 CRC/C/3/Add.25   CRC/C/3/Add.13 CRC/C/3/Add.22   and Add.47
Peru   Philippines Portugal Romania Russian Federation	4 October 1990   20 September 1990 21 October 1990 28 October 1990 15 September 1990	3 October 1992   19 September 1992 20 October 1992 27 October 1992 14 September 1992	28 October 1992   21 September 1993 17 August 1994 14 April 1993 16 October 1992	CRC/C/3/Add.7   and Add.24 CRC/C/3/Add.23 CRC/C/3/Add.30 CRC/C/3/Add.16 CRC/C/3/Add.5
Saint Kitts and Nevis Senegal Seychelles Sierra Leone Sudan	2 September 1990   2 September 1990   7 October 1990   2 September 1990   2 September 1990	1 September 1992   1 September 1992   6 October 1992   1 September 1992  1 September 1992	21 January 1997 12 September 1994   10 April 1996 29 September 1992	CRC/C/3/Add.51 CRC/C/3/Add.31   CRC/C/3/Add.43 CRC/C/3/Add.3   and Add.20
Sweden Togo Uganda Uruguay Venezuela	2 September 1990   2 September 1990 16 September 1990 20 December 1990 13 October 1990	1 September 1992   1 September 1992 15 September 1992 19 December 1992 12 October 1992	7 September 1992 27 February 1996   1 February 1996   2 August 1995   9 July 1997	CRC/C/3/Add.1 CRC/C/3/Add.42 CRC/C/3/Add.40 CRC/C/3/Add.37 CRC/C/3/Add.54
Viet Nam   Zimbabwe	2 September 1990   11 October 1990	1 September 1992   10 October 1992	30 September 1992     3 May 1995	CRC/C/3/Add.4   and Add.21 CRC/C/3/Add.35

Initial reports due in 1993

State party	Date of entry into force	Date due	Date of submission	Symbol
Angola Argentina   Australia Bahamas Bulgaria	4 January 1991   3 January 1991   16 January 1991 22 March 1991   3 July 1991	3 January 1993   2 January 1993   15 January 1993 21 March 1993   2 July 1993	17 March 1993     8 January 1996   29 September 1995	CRC/C/8/Add.2   and Add.17 CRC/C/8/Add.31   CRC/C/8/Add.29
Colombia Côte d'Ivoire Croatia Cuba Cyprus	27 February 1991   6 March 1991   7 November 1991 20 September 1991   9 March 1991	26 February 1993   5 March 1993   6 November 1993 19 September 1993   8 March 1993	14 April 1993 22 January 1998   8 November 1994 27 October 1995 22 December 1994	CRC/C/8/Add.3 CRC/C/8/Add.41 CRC/C/8/Add.19 CRC/C/8/Add.30 CRC/C/8/Add.24
Denmark Djibouti Dominica Dominican Republic Estonia	18 August 1991   5 January 1991 12 April 1991 11 July 1991 20 November 1991	17 August 1993   4 January 1993 11 April 1993 10 July 1993 19 November 1993	14 September 1993 17 February 1998     1 December 1999	CRC/C/8/Add.8 CRC/C/8/Add.39   CRC/C/8/Add.40
Ethiopia Finland Guyana Hungary Israel	13 June 1991 20 July 1991 13 February 1991   6 November 1991   2 November 1991	12 June 1993 19 July 1993 12 February 1993   5 November 1993   1 November 1993	10 August 1995 12 December 1994   28 June 1996	CRC/C/8/Add.27 CRC/C/8/Add.22   CRC/C/8/Add.34

Initial reports due in 1993 (continued)
State party	Date of entry into force	Date due	Date of submission	Symbol
Italy Jamaica Jordan Kuwait Lao People's Democratic   Republic	5 October 1991 13 June 1991 23 June 1991 20 November 1991     7 June 1991	4 October 1993 12 June 1993 22 June 1993 19 November 1993     6 June 1993	11 October 1994 25 January 1994 25 May 1993 23 August 1996   18 January 1996	CRC/C/8/Add.18 CRC/C/8/Add.12 CRC/C/8/Add.4 CRC/C/8/Add.35   CRC/C/8/Add.32
Lebanon Madagascar Malawi Maldives   Mauritania	13 June 1991 18 April 1991   1 February 1991 13 March 1991   15 June 1991	12 June 1993 17 May 1993 31 January 1993 12 March 1993   14 June 1993	21 December 1994 20 July 1993   1 August 2000   6 July 1994   18 January 2000	CRC/C/8/Add.23 CRC/C/8/Add.5 CRC/C/8/Add.43 CRC/C/8/Add.33   and Add.37 CRC/C/8/Add.42
Myanmar Nigeria Norway Panama Poland	14 August 1991 19 May 1991   7 February 1991 11 January 1991   7 July 1991	13 August 1993 18 May 1993   6 February 1993 10 January 1993   6 July 1993	14 September 1995 19 July 1995 30 August 1993 19 September 1995 11 January 1994	CRC/C/8/Add.9 CRC/C/8/Add.26 CRC/C/8/Add.7 CRC/C/8/Add.28 CRC/C/8/Add.11
Republic of Korea Rwanda San Marino Sao Tome and Principe Slovenia	20 December 1991 23 February 1991 25 December 1991 13 June 1991 25 June 1991	19 December 1993 22 February 1993 24 December 1993 12 June 1993 24 June 1993	17 November 1994 30 September 1992     29 May 1995	CRC/C/8/Add.21 CRC/C/8/Add.1     CRC/C/8/Add.25

Initial reports due in 1993 (continued)
State party	Date of entry into force	Date due	Date of submission	Symbol

Spain Sri Lanka The former Yugoslav Republic   of Macedonia Ukraine   United Republic of Tanzania	5 January 1991 11 August 1991   17 September 1991 27 September 1991   10 July 1991	4 January 1993 10 August 1993   16 September 1993 26 September 1993     9 July 1993	10 August 1993 23 March 1994     4 March 1997   8 October 1993   20 October 1999		CRC/C/8/Add.6 CRC/C/8/Add.13   CRC/C/8/Add.36 CRC/C/8/Add.10/   Rev.1 CRC/C/8/Add.14/   Rev.1
Yemen   Yugoslavia	31 May 1991     2 February 1991	30 May 1993     1 February 1993	14 November 1994   21 September 1994	CRC/C/8/Add.20   and Add.38 CRC/C/8/Add.16

Initial reports due in 1994

Albania Austria Azerbaijan Bahrain Belgium

28 March 1992   5 September 1992 12 September 1992 14 March 1992 15 January 1992

27 March 1994   4 September 1994 11 September 1994 14 March 1994 14 January 1994

8 October 1996   9 November 1995   3 August 2000 12 July 1994

CRC/C/11/Add.14 CRC/C/11/Add.8 CRC/C/11/Add.24 CRC/C/11/Add.4

Initial reports due in 1994 (continued)
State party	Date of entry into force	Date due	Date of submission	Symbol

Bosnia and Herzegovina Cambodia Canada Cape Verde Central African Republic	6 March 1992 14 November 1992 12 January 1992   4 July 1992 23 May 1992	5 March 1994 15 November 1994 11 January 1994  3 July 1994 23 May 1994	18 December 1997 17 June 1994 30 November 1999 15 April 1998	CRC/C/11/Add.16 CRC/C/11/Add.3 CRC/C/11/Add.23 CRC/C/11/Add.18
China Czech Republic Equatorial Guinea Germany Iceland	1 April 1992   1 January 1993 15 July 1992   5 April 1992 27 November 1992	31 March 1994 31 December 1994 14 July 1994   4 May 1994 26 November 1994	27 March 1995   4 March 1996   30 August 1994 30 November 1994	CRC/C/11/Add.7 CRC/C/11/Add.11   CRC/C/11/Add.5 CRC/C/11/Add.6
Ireland Latvia Lesotho Lithuania Slovakia	28 October 1992 14 May 1992   9 April 1992   1 March 1992   1 January 1993	27 October 1994 13 May 1994   8 April 1994 28 February 1994 31 December 1994	4 April 1996 25 November 1998 27 April 1998   6 August 1998   6 April 1998	CRC/C/11/Add.12 CRC/C/11/Add.22 CRC/C/11/Add.20 CRC/C/11/Add.21 CRC/C/11/Add.17
Thailand Trinidad and Tobago Tunisia United Kingdom of   Great Britain and   Northern Ireland	26 April 1992   4 January 1992 29 February 1992 15 January 1992	25 April 1994   3 January 1994 28 February 1994 14 January 1994	23 August 1996 16 February 1996 16 May 1994 15 March 1994	CRC/C/11/Add.13 CRC/C/11/Add.10 CRC/C/11/Add.2 CRC/C/11/Add.1, Add.9, Add.15 and Add.15/Corr.1, Add.19
Zambia	5 January 1992	4 January 1994

Initial reports due in 1995

State party	Date of entry into force	Date due	Date of submission	Symbol
Algeria Antigua and Barbuda Armenia Cameroon Comoros	16 May 1993   4 November 1993 23 July 1993 10 February 1993 22 July 1993	15 May 1995   3 November 1995   5 August 1995   9 February 1995 21 July 1995	16 November 1995   19 February 1997   3 April 2000 24 March 1998	CRC/C/28/Add.4   CRC/C/28/Add.9 CRC/C/28/Add.16 CRC/C/28/Add.13
Congo Fiji Greece India Liberia	13 November 1993 12 September 1993 10 June 1993 11 January 1993   4 July 1993	12 November 1995 11 September 1995   9 June 1995 10 January 1995   3 July 1995	12 June 1996 14 April 2000 19 March 1997	CRC/C/28/Add.7 CRC/C/28/Add.17 CRC/C/28/Add.10
Libyan Arab Jamahiriya Marshall Islands Micronesia (Federated States of) Monaco Morocco	15 May 1993   3 November 1993   4 June 1993 21 July 1993 21 July 1993	14 May 1995   2 November 1995   3 June 1995 20 July 1995 20 July 1995	23 May 1996 18 March 1998 16 April 1996  9 June 1999 27 July 1995	CRC/C/28/Add.6 CRC/C/28/Add.12 CRC/C/28/Add.5 CRC/C/28/Add.15 CRC/C/28/Add.1
New Zealand Papua New Guinea Republic of Moldova Saint Lucia Saint Vincent and the   Grenadines	6 May 1993 31 March 1993 25 February 1993 16 July 1993   25 November 1993	5 May 1995 31 March 1995 24 February 1995 15 July 1995   24 November 1995	29 September 1995	CRC/C/28/Add.3

Initial Reports due in 1995 (continued)
State party	Date of entry into force	Date due	Date of submission	Symbol
Suriname Syrian Arab Republic Tajikistan Turkmenistan Vanuatu	31 March 1993 14 August 1993 25 November 1993 20 October 1993   6 August 1993	31 March 1995 13 August 1995 24 November 1995 19 October 1995   5 August 1995	13 February 1998 22 September 1995 14 April 1998   27 January 1997	CRC/C/28/Add.11 CRC/C/28/Add.2 CRC/C/28/Add.14   CRC/C/28/Add.8

Initial reports due in 1996

Afghanistan Gabon Luxembourg Japan Mozambique	27 April 1994 11 March 1994  6 April 1994 22 May 1994 26 May 1994	26 April 1996 10 March 1996   5 April 1996 21 May 1996 25 May 1996	21 June 2000 26 July 1996 30 May 1996 21 June 2000	CRC/C/41/Add.10 CRC/C/41/Add.2 CRC/C/41/Add.1 CRC/C/41/Add.11
Georgia Iraq United Kingdom of   Great Britain and Northern   Ireland (Overseas Territories) Uzbekistan Iran (Islamic Republic of)	2 July 1994 15 July 1994       7 September 1994 29 July 1994 12 August 1994	1 July 1996 14 July 1996       6 September 1996 28 July 1996 11 August 1996	7 April 1997   6 August 1996     26 May 1999 27 December 1999   9 December 1997	CRC/C/41/Add.4 CRC/C/41/Add.3     CRC/C/41/Add.7 CRC/C/41/Add.8 CRC/C/41/Add.5
Nauru Eritrea Kazakhstan Kyrgyzstan Samoa	26 August 1994   2 September 1994 11 September 1994   6 November 1994 29 December 1994	25 August 1996   1 September 1996 10 September 1996   5 November 1996 28 December 1996	16 February 1998	CRC/C/41/Add.6

Initial reports due in 1997

State party	Date of entry into force	Date due	Date of submission	Symbol
Netherlands Malaysia Botswana Qatar Turkey	7 March 1995 19 March 1995 13 April 1995  3 May 1995   4 May 1995	6 March 1997 18 March 1997 12 April 1997   2 May 1997   3 May 1997	15 May 1997     29 October 1999	CRC/C/51/Add.1     CRC/C/51/Add.5
Solomon Islands Haiti South Africa Palau Swaziland	10 May 1995   8 July 1995 16 July 1995   3 September 1995   6 October 1995	9 May 1997   7 July 1997 15 July 1997   3 September 1997   5 October 1997	4 December 1997 21 October 1998	CRC/C/51/Add.2 CRC/C/51/Add.3
Tuvalu Singapore Tonga	22 October 1995   4 November 1995   6 December 1995	21 October 1997   3 November 1997   5 December 1997

Initial reports due in 1998

Kiribati Niue Liechtenstein Brunei Darussalam Andorra	10 January 1996 19 January 1996 21 January 1996 26 January 1996   1 February 1996	9 January 1998 18 January 1998 20 January 1998 25 January 1998 31 January 1998	22 September 1998   27 July 2000	CRC/C/61/Add.1   CRC/C/61/Add.3
Saudi Arabia	25 February 1996	24 February 1998	21 October 1999	CRC/C/61/Add.2

Initial reports due in 1999

State party	Date of entry into force	Date due	Date of submission	Symbol
Oman United Arab Emirates Switzerland Cook Islands	8 January 1997   2 February 1997 26 March 1997   6 July 1997	7 January 1999   1 February 1999 25 March 1999   5 July 1999	5 July 1999 15 April 2000	CRC/C/78/Add.1 CRC/C/78/Add.2

Second periodic reports due in 1997

State party	Date due	Date of submission	Symbol
Bangladesh Barbados Belarus Belize Benin	1 September 1997   7 November 1997 30 October 1997   1 September 1997   1 September 1997	20 May 1999	CRC/C/65/Add.14
Bhutan Bolivia Brazil Burkina Faso Burundi	1 September 1997   1 September 1997 23 October 1997 29 September 1997 17 November 1997	12 August 1997   11 October 1999	CRC/C/65/Add.1   CRC/C/65/Add.18
Chad Chile Costa Rica Democratic People's Republic of Korea Democratic Republic of the Congo	31 October 1997 11 September 1997 20 September 1997 20 October 1997 26 October 1997	10 February 1999 20 January 1998	CRC/C/65/Add.13 CRC/C/65/Add.7

Second periodic reports due in 1997
State party	Date due	Date of submission	Symbol
Ecuador Egypt El Salvador France Gambia	1 September 1997   1 September 1997   1 September 1997   5 September 1997   6 September 1997	18 September 1998	CRC/C/65/Add.9
Ghana Grenada Guatemala Guinea Guinea-Bissau	1 September 1997   4 December 1997   1 September 1997   1 September 1997 18 September 1997	7 October 1998	CRC/C/65/Add.10
Holy See Honduras Indonesia Kenya Mali	1 September 1997   8 September 1997   4 October 1997   1 September 1997 19 October 1997	18 September 1997	CRC/C/65/Add.2

Second periodic reports due in 1997 (continued)
State party	Date due	Date of submission	Symbol
Malta Mauritius Mexico Mongolia Namibia	29 October 1997   1 September 1997 20  October 1997   1 September 1997 29 October 1997	14  January 1998	CRC/C/65/Add.6
Nepal Nicaragua Niger Pakistan Paraguay	13 October 1997   3 November 1997 29 October 1997 11 December 1997 24 October 1997	12 November 1997     12 October 1998	CRC/C/65/Add.4     CRC/C/65/Add.12
Peru Philippines Portugal Romania Russian Federation	3 October 1997 19 September 1997 20 October 1997 27 October 1997 14 September 1997	25 March 1998    8 October 1998 18 January 2000 12 January 1998	CRC/C/65/Add.8   CRC/C/65/Add.11 CRC/C/65/Add.19 CRC/C/65/Add.5
Saint Kitts and Nevis Senegal Seychelles Sierra Leone Sudan	1 September 1997   1 September 1997   6 October 1997   1 September 1997   1 September 1997	7 July 1999	CRC/C/65/Add.15
Sweden Togo Uganda Uruguay Venezuela	1 September 1997   1 September 1997 15 September 1997 19 December 1997 12 October 1997	25 September 1997	CRC/C/65/Add.3
Second periodic reports due in 1997 (continued)
State party	Date due	Date of submission	Symbol
Viet Nam Zimbabwe	1 September 1997 10 October 1997	10 May 2000	CRC/C/65/Add.20

Second periodic reports due in 1998

State party	Date due	Date of submission	Symbol

Angola Argentina Australia Bahamas Bulgaria	3 January 1998   2 January 1998 15 January 1998 21 March 1998   2 July 1998	12 August 1999	CRC/C/70/Add.16
Colombia Côte d'Ivoire Croatia Cuba Cyprus	26 February 1998   5 March 1998   7 October 1998 19 September 1998  8 March 1998	9 September 1998       15 September 2000	CRC/C/70/Add.5       CRC/C/70/Add.16

Second periodic reports due in 1998

State party	Date due	Date of submission	Symbol

Denmark Djibouti   Dominica Dominican Republic Estonia	17 August 1998   4 January 1998 11 April 1998 10 July 1998 19 November 1998	15 September 1998	CRC/C/70/Add.6
Ethiopia Finland Guyana Hungary Israel	12 June 1998 19 July 1998 12 February 1998   5 November 1998   1 November 1998	28 September 1998  3 August 1998	CRC/C/70/Add.7 CRC/C/70/Add.3
Italy Jamaica Jordan Kuwait Lao People's Democratic Republic	4 October 1998 12 June 1998 22 June 1998 19 November 1998   6 June 1998	21 March 2000 16 May 2000  5 August 1998	CRC/C/70/Add.13 CRC/C/70/Add.15 CRC/C/70/Add.4
Lebanon Madagascar Malawi Maldives Mauritania	12 June 1998 17 April 1998 31 January 1998 12 March 1998 14 June 1998	4 December 1998	CRC/C/70/Add.8

Second periodic reports due in 1998 (continued)

State party	Date due	Date of submission	Symbol

Myanmar Nigeria Norway Panama Poland	13 August 1998 18 May 1998   6 February 1998 10 January 1998   6 July 1998	1 July 1998    2 December 1999	CRC/C/70/Add.2   CRC/C/70/Add.12
Republic of Korea Rwanda San Marino Sao Tome and Principe Slovenia	19 December 1998 22 February 1998 24 December 1998 12 June 1998 24 June 1998	1 May 2000	CRC/C/70/Add.14
Spain Sri Lanka The former Yugoslav Republic of   Macedonia Ukraine United Republic of Tanzania	4 January 1998 10 August 1998   16 September 1998 26 September 1998   9 July 1998	1 June 1999 21 September 2000     12 August 1999	CRC/C/70/Add.9 CRC/C/70/Add.17     CRC/C/70/Add.11
Yemen Yugoslavia	30 May 1998   1 February 1998	3 February 1998	CRC/C/70/Add.1

Second periodic reports due in 1999

State party	Date due	Date of submission	Symbol
Albania Austria Azerbaijan Bahrain Belgium	27 March 1999   4 September 1999 11 September 1999 14 March 1999 15 January 1999	7 May 1999	CRC/C/83/Add.2
Bosnia and Herzegovina Cambodia Canada Cape Verde Central African Republic	5 March 1999 15 November 1999 11 January 1999   3 July 1999 23 May 1999
China Czech Republic Equatorial Guinea Germany Iceland	31 March 1999 31 December 1999 14 July 1999   4 May 1999 26 November 1999	3 March 2000     27 April 2000	CRC/C/83/Add.4     CRC/C/83/Add.5
Ireland Latvia Lesotho Lithuania Slovakia	27 October 1999 13 May 1999   8 April 1999 28 February 1999 31 December 1999
Thailand Trinidad and Tobago Tunisia United Kingdom of Great Britain and   Northern Ireland Zambia	25 April 1999   3 January 1999 28 February 1999   14 January 1999   4 January 1999	16 March 1999   14 September 1999	CRC/C/83/Add.1   CRC/C/83/Add.3

Second periodic reports due in 2000

State party	Date due	Date of submission	Symbol
Algeria Antigua and Barbuda Armenia Cameroon Comoros	15 May 2000   3 November 2000   5 August 2000   9 February 2000 21 July 2000
Congo Federated States of Micronesia Fiji Greece Liberia	12 November 2000   3 June 2000 11 September 2000   9 June 2000   3 July 2000
India Libyan Arab Jamahiriya Marshall Islands Monaco Morocco	10 January 2000 14 May 2000   2 November 2000 20 July 2000 20 July 2000	8 August 2000     13 October 2000	CRC/C/93/Add.1     CRC/C/93/Add.3
New Zealand Papua New Guinea Republic of Moldova Saint Lucia Saint Vincent and the Grenadines	5 May 2000 31 March 2000 24 February 2000 15 July 2000 24 November 2000

Second periodic reports due in 2001

State party

Date due

Date of submission

Symbol

Suriname Syrian Arab Republic Tajikistan Turkmenistan Vanuatu	31 March 2000 13 August 2000 24 November 2000 19 October 2000   5 August 2000	15 August 2000	CRC/C/93/Add.2
Gabon Luxembourg Afghanistan Japan Mozambique	10 March 2001   5 April 2001 26 April 2001 21 May 2001 25 May 2001
Georgia Iraq Uzbekistan Iran (Islamic Republic of) Nauru	1 July 2001 14 July 2001 28 July 2001 11 August 2001 25 August 2001
Eritrea Kazakhstan Kyrgyzstan Samoa	1 September 2001 10 September 2001   5 November 2001 28 December 2001

Annex VI

LIST OF INITIAL AND SECOND PERIODIC REPORTS CONSIDERED BY THE

COMMITTEE ON THE RIGHTS OF THE CHILD AS AT 6 OCTOBER 2000

State party reports                             Observations adopted by the Committee

Third session

(January 1993)

Bolivia                                         CRC/C/3/Add.2                               CRC/C/15/Add.1

Sweden                                       CRC/C/3/Add.1                               CRC/C/15/Add.2

Viet Nam                                     CRC/C/3/Add.4 and 21                    CRC/C/15/Add.3

Russian Federation                       CRC/C/3/Add.5                               CRC/C/15/Add.4

Egypt                                           CRC/C/3/Add.6                               CRC/C/15/Add.5

Sudan                                          CRC/C/3/Add.3                               CRC/C/15/Add.6 (preliminary)

Fourth session

(September‑October 1993)

Indonesia                                     CRC/C/3/Add.10                             CRC/C/15/Add.7 (preliminary)

Peru                                            CRC/C/3/Add.7                               CRC/C/15/Add.8

El Salvador                                  CRC/C/3/Add.9 and 28                    CRC/C/15/Add.9

Sudan                                          CRC/C/3/Add.3 and 20                    CRC/C/15/Add.10

Costa Rica                                   CRC/C/3/Add.8                               CRC/C/15/Add.11

Rwanda                                       CRC/C/8/Add.1                               CRC/C/15/Add.12 (preliminary)

Fifth session

(January 1994)

Mexico                                        CRC/C/3/Add.11                             CRC/C/15/Add.13

Namibia                                       CRC/C/3/Add.12                             CRC/C/15/Add.14

Colombia                                     CRC/C/8/Add.3                               CRC/C/15/Add.15 (preliminary)

Romania                                      CRC/C/3/Add.16                             CRC/C/15/Add.16

Belarus                                        CRC/C/3/Add.14                             CRC/C/15/Add.17

Sixth session

(April 1994)

Pakistan                                       CRC/C/3/Add.13                             CRC/C/15/Add.18

Burkina Faso                               CRC/C/3/Add.19                             CRC/C/15/Add.19

France                                         CRC/C/3/Add.15                             CRC/C/15/Add.20

Jordan                                         CRC/C/8/Add.4                               CRC/C/15/Add.21

Chile                                            CRC/C/3/Add.18                             CRC/C/15/Add.22

Norway                                       CRC/C/8/Add.7                               CRC/C/15/Add.23

State party reports                             Observations adopted by the Committee

Seventh session

(September‑October 1994)

Honduras                                     CRC/C/3/Add.17                             CRC/C/15/Add.24

Indonesia                                     CRC/C/3/Add.10 and 26                  CRC/C/15/Add.25

Madagascar                                 CRC/C/8/Add.5                               CRC/C/15/Add.26

Paraguay                                     CRC/C/3/Add.22                             CRC/C/15/Add.27 (preliminary)

Spain                                           CRC/C/8/Add.6                               CRC/C/15/Add.28

Argentina                                     CRC/C/8/Add.2 and 17                    CRC/C/15/Add.35 (adopted at the eighth session)

Eighth session

(January 1995)

Philippines                                   CRC/C/3/Add.23                             CRC/C/15/Add.29

Colombia                                     CRC/C/8/Add.3                               CRC/C/15/Add.30

Poland                                         CRC/C/8/Add.11                             CRC/C/15/Add.31

Jamaica                                       CRC/C/8/Add.12                             CRC/C/15/Add.32

Denmark                                     CRC/C/8/Add.8                               CRC/C/15/Add.33

United Kingdom of

  Great Britain and

  Northern Ireland                        CRC/C/11/Add.1                             CRC/C/15/Add.34

Ninth session

(May‑June 1995)

Nicaragua                                    CRC/C/3/Add.25                             CRC/C/15/Add.36

Canada                                        CRC/C/11/Add.3                             CRC/C/15/Add.37

Belgium                                       CRC/C/11/Add.4                             CRC/C/15/Add.38

Tunisia                                         CRC/C/11/Add.2                             CRC/C/15/Add.39

Sri Lanka                                     CRC/C/8/Add.13                             CRC/C/15/Add.40

Tenth session

(October‑November 1995)

Italy                                             CRC/C/8/Add.18                             CRC/C/15/Add.41

Ukraine                                       CRC/C/8/Add.10/Rev.1                   CRC/C/15/Add.42

Germany                                      CRC/C/11/Add.5                             CRC/C/15/Add.43

Senegal                                        CRC/C/3/Add.31                             CRC/C/15/Add.44

Portugal                                       CRC/C/3/Add.30                             CRC/C/15/Add.45

Holy See                                     CRC/C/3/Add.27                             CRC/C/15/Add.46

State party reports                             Observations adopted by the Committee

Eleventh session

(January 1996)

Yemen                                         CRC/C/8/Add.20                             CRC/C/15/Add.47

Mongolia                                     CRC/C/3/Add.32                             CRC/C/15/Add.48

Yugoslavia                                   CRC/C/8/Add.26                             CRC/C/15/Add.49

Iceland                                        CRC/C/11/Add.6                             CRC/C/15/Add.50

Republic of Korea                       CRC/C/8/Add.21                             CRC/C/15/Add.51

Croatia                                        CRC/C/8/Add.19                             CRC/C/15/Add.52

Finland                                        CRC/C/8/Add.22                             CRC/C/15/Add.53

Twelfth session

(May‑June 1996)

Lebanon                                      CRC/C/18/Add.23                           CRC/C/15/Add.54

Zimbabwe                                   CRC/C/3/Add.35                             CRC/C/15/Add.55

China                                           CRC/C/11/Add.7                             CRC/C/15/Add.56

Nepal                                          CRC/C/3/Add.34                             CRC/C/15/Add.57

Guatemala                                   CRC/C/3/Add.33                             CRC/C/15/Add.58

Cyprus                                        CRC/C/8/Add.24                             CRC/C/15/Add.59

Thirteenth session

(September‑October 1996)

Morocco                                     CRC/C/28/Add.1                             CRC/C/15/Add.60

Nigeria                                        CRC/C/8/Add.26                             CRC/C/15/Add.61

Uruguay                                       CRC/C/3/Add.37                             CRC/C/15/Add.62

United Kingdom

  (Hong Kong)                             CRC/C/11/Add.9                             CRC/C/15/Add.63

Mauritius                                     CRC/C/3/Add.36                             CRC/C/15/Add.64

Slovenia                                       CRC/C/8/Add.25                             CRC/C/15/Add.65

Fourteenth session

(January 1997)

Ethiopia                                       CRC/C/8/Add.27                             CRC/C/15/Add.66

Myanmar                                     CRC/C/8/Add.9                               CRC/C/15/Add.67

Panama                                       CRC/C/8/Add.28                             CRC/C/15/Add.68

Syrian Arab Republic                   CRC/C/28/Add.2                             CRC/C/15/Add.69

New Zealand                               CRC/C/28/Add.3                             CRC/C/15/Add.70

Bulgaria                                       CRC/C/8/Add.29                             CRC/C/15/Add.71

Fifteenth session

(May‑June 1997)

Cuba                                           CRC/C/8/Add.30                             CRC/C/15/Add.72

Ghana                                          CRC/C/3/Add.39                             CRC/C/15/Add.73

Bangladesh                                  CRC/C/3/Add.38 and 49                  CRC/C/15/Add.74

Paraguay                                     CRC/C/3/Add.22 and 47                  CRC/C/15/Add.75

Algeria                                         CRC/C/28/Add.4                             CRC/C/15/Add.76

Azerbaijan                                   CRC/C/11/Add.8                             CRC/C/15/Add.77

State party reports                             Observations adopted by the Committee

Sixteenth session

(September‑October 1997)

Lao People's

  Democratic Republic                  CRC/C/8/Add.32                             CRC/C/15/Add.78

Australia                                      CRC/C/8/Add.31                             CRC/C/15/Add.79

Uganda                                        CRC/C/3/Add.40                             CRC/C/15/Add.80

Czech Republic                            CRC/C/11/Add.11                           CRC/C/15/Add.81

Trinidad and Tobago                    CRC/C/11/Add.10                           CRC/C/15/Add.82

Togo                                           CRC/C/3/Add.42                             CRC/C/15/Add.83

Seventeenth session

(January 1998)

Libyan Arab Jamahiriya                CRC/C/28/Add.6                             CRC/C/15/Add.84

Ireland                                         CRC/C/11/Add.12                           CRC/C/15/Add.85

Micronesia

  (Federated States of)                 CRC/C/28/Add.5                             CRC/C/15/Add.86

Eighteenth session

(May‑June 1998)

Hungary                                       CRC/C/8/Add.34                             CRC/C/15/Add.87

Democratic People's

  Republic of Korea                     CRC/C/3/Add.41                             CRC/C/15/Add.88

Fiji                                               CRC/C/28/Add.7                             CRC/C/15/Add.89

Japan                                           CRC/C/41/Add.1                             CRC/C/15/Add.90

Maldives                                      CRC/C/8/Add.33 and 37                  CRC/C/15/Add.91

Luxembourg                                CRC/C/41/Add.2                             CRC/C/15/Add.92

Nineteenth session

(September‑October 1998)

                                                                     Initial reports

Ecuador                                       CRC/C/3/Add.44                             CRC/C/15/Add.93

Iraq                                             CRC/C/41/Add.3                             CRC/C/15/Add.94

Thailand                                       CRC/C/11/Add.13                           CRC/C/15/Add.96

Kuwait                                        CRC/C/8/Add.35                             CRC/C/15/Add.97

                                                            Second periodic reports

Bolivia                                         CRC/C/65/Add.1                             CRC/C/15/Add.95

State party reports                             Observations adopted by the Committee

Twentieth session

(January 1999)

                                                                     Initial reports

Austria                                         CRC/C/11/Add.14                           CRC/C/15/Add.98

Belize                                          CRC/C/3/Add.46                             CRC/C/15/Add.99

Guinea                                         CRC/C/3/Add.48                             CRC/C/15/Add.100

                                                            Second periodic reports

Sweden                                       CRC/C/65/Add.3                             CRC/C/15/Add.101

Yemen                                         CRC/C/70/Add.1                             CRC/C/15/Add.102

Twenty‑first session

(17 May‑4 June 1999)

                                                                     Initial reports

Barbados                                     CRC/C/3/Add.45                             CRC/C/15/Add.103

St. Kitts and Nevis                       CRC/C/3/Add.51                             CRC/C/15/Add.104

Benin                                           CRC/C/3/Add.52                             CRC/C/15/Add.106

Chad                                           CRC/C/3/Add.50                             CRC/C/15/Add.107

                                                            Second periodic reports

Honduras                                     CRC/C/65/Add.2                             CRC/C/15/Add.105

Nicaragua                                    CRC/C/65/Add.4                             CRC/C/15/Add.108

Twenty‑second session

(20 September‑8 October 1999)

                                                                     Initial reports

Venezuela                                    CRC/C/3/Add.54 and 59                  CRC/C/15/Add.109

Vanuatu                                       CRC/C/28/Add.8                             CRC/C/15/Add.111

Mali                                             CRC/C/3/Add.53                             CRC/C/15/Add.113

Netherlands                                 CRC/C/51/Add.1                             CRC/C/15/Add.114

                                                            Second periodic reports

Russian Federation                       CRC/C/65/Add.5                             CRC/C/15/Add.110

Mexico                                        CRC/C/65/Add.6                             CRC/C/15/Add.112

State party reports                             Observations adopted by the Committee

Twenty‑third session

(10‑28 January 2000)

                                                                     Initial reports

India                                            CRC/C/28/Add.10                           CRC/C/15/Add.115

Sierra Leone                                CRC/C/3/Add.43                             CRC/C/15/Add.116

The former Yugoslav

  Republic of Macedonia              CRC/C/8/Add.36                             CRC/C/15/Add.118

South Africa                                CRC/C/51/Add.2                             CRC/C/15/Add.122

Armenia                                       CRC/C/28/Add.9                             CRC/C/15/Add.119

Grenada                                      CRC/C/3/Add.55                             CRC/C/15/Add.121

                                                            Second periodic reports

Peru                                            CRC/C/65/Add.8                             CRC/C/15/Add.120

Costa Rica                                   CRC/C/65/Add.7                             CRC/C/15/Add.117

Twenty-fourth session

(15 May-2 June 2000)

                                                                     Initial reports

Iran (Islamic Republic of)             CRC/C/41/Add.5                             CRC/C/15/Add.123

Georgia                                       CRC/C/41/Add.4/Rev.1                   CRC/C/15/Add.124

Kyrgyzstan                                  CRC/C/41/Add.6                             CRC/C/15/Add.127

Cambodia                                    CRC/C/11/Add.16                           CRC/C/15/Add.128

Malta                                           CRC/C/3/Add.56                             CRC/C/15/Add.129

Suriname                                     CRC/C/28/Add.11                           CRC/C/15/Add.130

Djibouti                                       CRC/C/8/Add.39                             CRC/C/15/Add.131

                                                            Second periodic reports

Jordan                                         CRC/C/70/Add.4                             CRC/C/15/Add.125

            Norway                                       CRC/C/70/Add.2                             CRC/C/15/Add.126

State party reports                             Observations adopted by the Committee

Twenty‑fifth session

(18 September-6 October 2000)

                                                                     Initial reports

Burundi                                        CRC/C/3/Add.58                             CRC/C/15/Add.133

United Kingdom

  of Great Britain

  and Northern Ireland

  (Isle of Man)                              CRC/C/11/Add.19 and Corr.1          CRC/C/15/Add.134

United Kingdom

  of Great Britain

  and Northern Ireland

  (Overseas Territories)                CRC/C/41/Add.7 and 9                    CRC/C/15/Add.135

Tajikistan                                     CRC/C/28/Add.14                           CRC/C/15/Add.136

Central African

  Republic                                    CRC/C/11/Add.18                           CRC/C/15/Add.138

Marshall Islands                           CRC/C/28/Add.12                           CRC/C/15/Add.139

Slovakia                                      CRC/C/11/Add.17                           CRC/C/15/Add.140

Comoros                                     CRC/C/28/Add.13                           CRC/C/15/Add.141

                                                              Second periodic reports

Finland                                        CRC/C/70/Add.3                             CRC/C/15/Add.132

Colombia                                     CRC/C/70/Add.5                             CRC/C/15/Add.137

                                                                      Annex VII

PROVISIONAL LIST OF REPORTS SCHEDULED FOR CONSIDERATION AT

THE COMMITTEE'S TWENTY-SIXTH AND TWENTY-SEVENTH SESSIONS

Twenty-sixth session

(8-26 January 2001)

                                                                       Initial reports

Dominican Republic                     CRC/C/8/Add.40

Lesotho                                       CRC/C/11/Add.20

Lithuania                                      CRC/C/11/Add.21

Liechtenstein                                CRC/C/61/Add.1

Saudi Arabia                                CRC/C/61/Add.2

Palau                                           CRC/C/51/Add.3

Latvia                                          CRC/C/11/Add.22

                                                              Second periodic reports

Egypt                                           CRC/C/65/Add.9

Ethiopia                                       CRC/C/70/Add.7

Twenty-seventh session

(21 May-8 June 2001)

                                                                       Initial reports

Democratic Republic

  of the Congo                              CRC/C/3/Add.57

Côte d'Ivoire                               CRC/C/8/Add.41

Bhutan                                         CRC/C/3/Add.60

Oman                                          CRC/C/78/Add.1

Turkey                                         CRC/C/51/Add.4

United Republic of Tanzania         CRC/C/8/Add.14/Rev.1

Monaco                                       CRC/C/28/Add.15

                                                              Second periodic reports

Guatemala                                    CRC/C/65/Add.10

Denmark                                      CRC/C/70/Add.6

Annex VIII

LIST OF SUBMITTED DOCUMENTS FOR THE DAY OF GENERAL DISCUSSION

(22 SEPTEMBER 2000) ON "STATE VIOLENCE AGAINST CHILDREN"

1.         Penal Reform International, "10 Point Plan for Juvenile Justice" (4 pp).

2.         Children's Human Rights Centre of Albania, "A Report on the Situation of Children in Albanian Police Stations and Pre-trial Detention Centres" (30 pp).

3.         Consortium for Street Children UK, "Calling for a Special Rapporteur on Street Children" (11 pp).

4.         Coordination des ONG pour les droits de l'enfant en Belgique francophone, "La violence d'Etat sur les enfants" (3 pp).

5.         Human Rights Watch Children's Rights Division, "Submission to the Committee on the Rights of the Child for its Day of General Discussion on State Violence Against Children" (23 pp).

6.         Casa Alianza/Covenant House Latin America, "Presentation to the United Nations Committee on the Rights of the Child for the Day of General Discussion 'State Violence Against Children'" (23 pp).

7.         Yugoslav Child Rights Center, "State Violence Against Children" (6 pp).

8.         Russian NGOs, "Russia:  State Violence Against Children" (7 pp).

9.         Organisation mondiale contre la torture, "Recommendations and Suggestions of OMCT" (6 pp).

10.       NGO Group for the Convention on the Rights of the Child, "State Violence Against Children.  A Written Statement from the Sub-Group on Refugee Children and Children in Armed Conflict" (2 pp).

11.       Save the Children Sweden, "A written contribution to the Committee on the Rights of the Child, Day of General Discussion on State violence against children" (3 pp).

12.       Save the Children Office for South and Central Asia and UNICEF Regional Office for South Asia, "State Violence Against Children:  South Asian Perspective" (21 pp).

13.       Focal Point on Sexual Exploitation of Children, "State Violence Against Children and Youth:  The case of sexual violence:  Reflections for discussion purposes" (3 pp).

14.       International Association of Youth and Family Judges and Magistrates, "Mineurs en détention préventive : trop souvent une forme de violence étatique?" (2 pp).

15.       Mouvement international ATD quart monde, " Contribution pour la journée thématique du 22 septembre 2000 sur la violence de l'Etat contre les enfants" (6 pp).

 

16.       David Crimmens and John Pitts, "An outline of the major themes in Positive Residential Practice:  Learning the Lessons of the 1990s" (13 pp).

17.       Amb. Thomas Hammarberg (Sweden) and Peter Newell (EPOCH-Worldwide), "Corporal Punishment - Legalised Violence to Children:  An Issue of Fundamental Importance to the Status of the Child and to Prevention of All Forms of Violence" (4 pp).

18.       Children Tomorrow, "Violence sur les enfants" (1 p).

19.       Prof. George Kent, "Structural Violence against Children" (18 pp).

20.       Defence for Children International, "Mobilising to Stop State Violence Against Children and Adolescents" (11 pp).

21.       International Narcotics Control Board, "State Violence Against Children:  article 33 of the Convention on the Rights of the Child, Drugs and Vulnerable Children".*

22.       UNICEF, "Maltreatment, Abuse and Neglect of Children in the Care of the State:  Issues and Responses".*

23.       UNICEF, "State Violence Against Children:  UN Human Rights Mechanisms".*

24.       Geraldine Van Bueren, "Opening Pandora's Box - Protecting Children Against Torture, Cruel, Inhuman and Degrading Treatment and Punishment".*

25.       Amnesty International, calling attention to relevant reports (or sections thereof), including:  "Brazil:  A Waste of Lives", "Honduras:  Human Rights Violations against

Children - Update", "Sri Lanka:  Torture in Custody", "Pakistan:  Juveniles Sentenced to Death", "Children in South Asia:  Securing their Rights", and "United States of America, Rights for All:  Betraying the Young".*

                                               

*  Not submitted in electronic format.

Annex IX

LIST OF DOCUMENTS ISSUED FOR THE TWENTY-FIFTH SESSION

OF THE COMMITTEE

CRC/C/3/Add.58                             Initial report of Burundi

CRC/C/11/Add.19 and Corr.1         Initial report of the United Kingdom of Great Britain and                                                                                        

                                                         Northern Ireland  (Isle of Man)

CRC/C/11/Add.17                           Initial report of Slovakia

CRC/C/11/Add.18                           Initial report of the Central African Republic

CRC/C/28/Add.12                           Initial report of the Marshall Islands

CRC/C/28/Add.13                           Initial report of the Comoros

CRC/C/28/Add.14                           Initial report of Tajikistan

CRC/C/40/Rev.16                            Note of the Secretary-General on areas in which the need for

                                                         technical advice and advisory services has been identified in

                                                         the light of the observations adopted by the Committee

CRC/C/41/Add.7 and 9                   Initial report of the United Kingdom of Great Britain and                                                                                        

                                                         Northern Ireland (Overseas Territories)

CRC/C/70/Add.3                             Second periodic report of Finland

CRC/C/70/Add.5                             Second periodic report of Colombia

CRC/C/96                                        Note by the Secretary-General on the States parties to the

                                                         Convention and the status of submission of reports

CRC/C/98                                        Provisional agenda and annotations

CRC/C/SR.642-669                         Summary records of the twenty-fifth session

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