UNITED NATIONS		CRC
	Convention on the Rights of the Child	Distr. GENERAL   CRC/C/111 28 November 2001   Original:  ENGLISH

COMMITTEE ON THE RIGHTS OF THE CHILD

Twenty-eighth session

24 September-12 October 2001

Report on the twenty-eighth session

(Geneva, 24 September - 12 October 2001)

GE.01-46392  (E)    090102

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

  II.       REPORTS BY STATES PARTIES UNDER ARTICLE 44

            OF THE CONVENTION .....................................................................         15 - 663            7

           

            A.  Submission of reports .......................................................................         15 - 27              7

            B.  Consideration of reports ...................................................................         28 - 663            8

                 Concluding observations:  Mauritania .................................................         28 - 81              8

                 Concluding observations:  Kenya .......................................................         82 - 148          21

                 Concluding observations:  Oman ......................................................       149 - 204          36

                 Concluding observations:  Portugal ..................................................       205 - 263          48

                 Concluding observations:  Qatar ......................................................       264 - 325          59

                 Concluding observations:  Cameroon ...............................................       326 - 398          71

                 Concluding observations:  Gambia ...................................................       399 - 469          89

                 Concluding observations:  Paraguay .................................................       470 - 523        103

                 Concluding observations:  Uzbekistan ..............................................       524 - 595        117

                 Concluding observations:  Cape Verde ............................................       596 - 663        135

  III.     INTER-SESSIONAL ACTIVITIES OF THE COMMITTEE .............       664 - 668        149

  IV.     COOPERATION WITH UNITED NATIONS AND OTHER

            COMPETENT BODIES .....................................................................       669 - 673        150

   V.     GENERAL DAY OF DISCUSSION ..................................................       674 - 745        151

  VI.     FUTURE DAY OF GENERAL DISCUSSION .......................................            747            169

 VII.     GENERAL COMMENTS ........................................................................            748            169

VIII.     OPTIONAL PROTOCOLS .....................................................................            749            169

CONTENTS (continued)

Chapter                                                                                                            Paragraphs       Page

  IX.     DRAFT PROVISIONAL AGENDA FOR THE

            TWENTY-NINTH SESSION ..................................................................            749            170

    X.    ADOPTION OF THE REPORT ..............................................................            750            170

Annexes

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

            of the Child as at 12 October 2001 ..............................................................................    171

  II.       States which have signed (84), or ratified or acceded to (6) the

            Optional Protocol to the Convention on the Rights of the Child on the

            involvement of children in armed conflict as at 12 October 2001 ...................................    177

 III.      States which have signed (74) or ratified or acceded to (8) the

            Optional Protocol to the Convention on the Rights of the Child on

            the sale of children, child prostitution and child pornography as at

            12 October 2001 ........................................................................................................    180

  IV.     Membership of the Committee on the Rights of the Child ..............................................    183

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

            Convention on the Rights of the Child as at 12 October 2001 .......................................    184

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

            Rights of the Child as at 12 October 2001 ...................................................................    201

 VII.     Provisional list of reports scheduled for consideration at the Committee's

            twenty-ninth and thirtieth sessions .................................................................................    210

VIII.     Day of general discussion on "Violence against children within the family and

            in schools", 28 September 2001.  List of submissions received .....................................    211

   IX.    List of documents issued for the twenty-eighth session of the Committee .......................    213

I.  ORGANIZATIONAL AND OTHER MATTERS

A.  States parties to the Convention

As at 12 October 2001, the closing date of the twenty-eighth 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.

As at the same date, the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict had been ratified or acceded to by 6 States parties and signed by 84 States.  Also 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 or acceded to by 8 States parties and signed by 74 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.

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

The Committee on the Rights of the Child held its twenty-eighth session at the United Nations Office at Geneva from 24 September to 12 October 2001.  The Committee held 28 meetings (722nd-749th).  An account of the Committee's deliberations at its twenty‑eighth session is contained in the relevant summary records (CRC/C/SR.722-734; 737‑741; 743-746; and 749).

C.  Membership and attendance

All the members of the Committee attended the twenty-eighth 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 and Mr. Ibrahim Abdul Aziz El‑Sheedi were not able to attend the session in its entirety.  Mrs. Marilia Sardenberg was not able to attend the session.

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

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

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

Arab Organization for Human Rights, Amnesty International, Coalition against Trafficking in Women, Defence for Children International, 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, World Federation of Methodist and Uniting Church Women, World Organization against Torture.

            Others

            NGO Group for the Convention on the Rights of the Child, NGO Working Group for Nutrition, International Baby Food Action Network.

D.  Agenda

At the 722nd meeting, on 24 September 2001, the Committee adopted the following agenda on the basis of the provisional agenda (CRC/C/109):

            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.

7.         Methods of work.

            8.         General comments.

            9.         Future meetings.

            10.       Other matters.

E.  Pre-sessional working group

In accordance with a decision of the Committee at its first session, a pre-sessional working group met in Geneva from 11 to 15 June 2001.  All the members except Mr. Al-Sheedi and Ms. El-Guindi participated in the working group.  Representatives of OHCHR, ILO, UNICEF, UNESCO, UNHCR 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.

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.

Members of the Committee elected Ms. Judith Karp, Ms. Awa Ouedraogo and Mr. Jaap Doek to chair the pre-sessional working group.  The latter 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 (Cameroon, Kenya, Mauritania, Gambia, Uzbekistan, Qatar and Cape Verde) and the second periodic reports of two countries (Paraguay and Portugal).  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 1 August 2001.

F.  Organization of work

The Committee considered the organization of work at its 722nd meeting, on 24 September 2001.  The Committee had before it the draft programme of work for the twenty‑eighth session, prepared by the Secretary-General in consultation with the Chairperson of the Committee, and the report of the Committee on its twenty-seventh session (CRC/C/108).

G.  Future regular meetings

The Committee noted that its twenty-ninth session would take place from 14 January to 1 February 2002 and that its pre-sessional working group for the thirtieth session would meet from 4 to 8 February 2002.

II.  REPORTS BY STATES PARTIES UNDER ARTICLE 44

                               OF THE CONVENTION

A.  Submission of reports

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), 2000 (CRC/C/93) and 2001 (CRC/C/104);

            (b)        Note by the Secretary-General on the States parties to the Convention and the status of submission of reports (CRC/C/110);

            (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.19).

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-eighth session (see CRC/C/108, para. 22), the Secretary‑General had received the initial report of Estonia (CRC/C/8/Add.45) and the second periodic reports of Bangladesh (CRC/C/65/Add.21), Georgia (CRC/C/104/Add.1), Germany (CRC/C/83/Add.7) and Slovenia (CRC/C/70/Add.19).

A list of initial and second periodic reports considered by the Committee as of 12 October 2001, as well as a provisional list of initial and second periodic reports scheduled for consideration at the Committee's twenty-ninth and thirtieth sessions, are contained in annexes VI and VII, respectively.

As at 12 October 2001, the Committee had received 163 initial and 51 periodic reports.  A total of 164 reports (145 initial and 19 second periodic) have been considered by the Committee (see annex VI).

In a note verbale dated 4 July 2001, the Government of Iraq submitted information regarding alleged incidents that took place in northern Iraq on 19 June 2001.

In a note verbale dated 1 August 2001, the Government of Latvia submitted its observations to the Committee concerning the concluding observations (CRC/C/15/Add.142) adopted at its twenty‑seventh session.

On 16 August 2001, the Committee sent a letter to the Ministers for Foreign Affairs of all States parties to the Convention that have not yet notified their acceptance of the amendment to article 43.2 of the Convention encouraging them to do so.  Since then, Côte d'Ivoire, Rwanda, Djibouti, Cyprus, Cameroon and Yugoslavia have notified their acceptance of the amendment, bringing the total to 105 acceptances (128 are needed for the amendment to enter into force).

On 17 August 2001, the Committee sent a letter to Mr. Yasser Arafat, President of the Palestinian Authority, and Mr. Ariel Sharon, Prime Minister of Israel, calling upon all parties in conflict in the region to take all feasible measures to end the violence and protect children from involvement in hostilities.

On 9 October 2001, the Committee received a letter from the Ambassador of Israel to the United Nations Office at Geneva transmitting two video documentaries on the situation of children with regard to the conflict in the region.

At its twenty-eighth session, the Committee examined initial and periodic reports submitted by 10 States parties under article 44 of the Convention.  It devoted 20 of its 28 meetings to the consideration of reports (see CRC/C/SR.723-728; 731-734 and 737-746).

The following reports, listed in the order in which they were received by the Secretary‑General, were before the Committee at its twenty-eighth session:  Portugal (CRC/C/65/Add.11), Paraguay (CRC/C/65/Add.12), Oman (CRC/C/78/Add.1); Qatar (CRC/C/51/Add.5), Gambia (CRC/C/3/Add.61), Cape Verde (CRC/C/11/Add.23), Uzbekistan (CRC/C/41/Add.8), Kenya (CRC/C/3/Add.62), Mauritania (CRC/C/8/Add.42), Cameroon (CRC/C/28/Add.16).

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.

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.

Consideration of reports

Mauritania

The Committee considered the initial report of Mauritania (CRC/C/8/Add.42), submitted on 18 January 2000, at its 723rd and 724th meetings (see CRC/C/SR.723-724), held on 25 September 2001, and adopted, at its 749th meeting (CRC/C/SR.749) held on 12 October 2001, the following concluding observations.

A.  Introduction

The Committee welcomes the submission of the State party's initial report, which generally follows the guidelines for reporting, and the timely submission of the written replies to its list of issues (CRC/C/Q/MAU.1).  However, it regrets the almost seven-year delay in submitting this report.  It further notes with appreciation the high-ranking delegation sent by the State party and welcomes the frank dialogue and the positive reactions to the suggestions and recommendations made during the discussion. 

B.  Positive aspects

The Committee welcomes the recent adoption of the Personal Status Code, which contains provisions to protect children, including the prohibition of early marriage; of the act making basic education compulsory for all children between the ages of 6 and 14; and of an amended Labour Code in compliance with the Convention which prohibits child labour before the age of 16.

The Committee notes with satisfaction the establishment in 1992 of the Secretariat of State for the Status of Women and of the National Council for Children to promote children rights and prepare policies and programmes on children, as well as the establishment of juvenile courts in all the main towns of the wilayas (regions).  It further commends the establishment of the "Mauritanian Mayors in Defence of Children Initiative" to deal with children's issues at local level, of the Parliamentary Children's Group and of the Municipal Children's Council.

The Committee takes note with satisfaction of the series of conferences designed to familiarize administrators, teachers, legal staff and civil society with the Convention.  It further welcomes the signature on 22 August 2001 of the joint UNDP-OHCHR technical cooperation project in the framework of the HURIST programme.

The Committee appreciates the establishment of a national commission to coordinate the preparation of the initial report composed of representatives of the ministerial departments concerned with the Convention and of representatives of the civil society.

C.  Factors and difficulties impeding progress in the

                                        implementation of the Convention

The Committee notes with concern that economic and social difficulties facing the State party have a negative impact on the situation of children and are impeding the full implementation of the Convention, especially in rural and remote areas.  In particular, it notes the negative impact of desertification and drought that, by causing an accelerated urbanization and uncontrolled exodus from rural areas, increases the level of poverty and the dismantling of family structures. 

The Committee further notes that the limited availability of skilled human resources, particularly in rural and remote areas, also adversely affects the full implementation of the Convention.

D.  Principal areas of concern and recommendation

1.  General measures of implementation

Legislation

The Committee, while taking note that the adoption of some national codes is currently being considered, in particular a new criminal code and a code of criminal procedure for juveniles, remains nevertheless concerned that domestic and customary laws still do not fully comply with the provisions and principles of the Convention.

The Committee encourages the State party:

            (a)        To take all necessary measures to ensure that its domestic legislation, including customary laws, conforms fully to the principles and provisions of the Convention;

            (b)        To ratify the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

            (c)        To ratify the African Charter on the Rights and Welfare of the Child; and

            (d)        To seek technical assistance from, among others, UNICEF and OHCHR.

Coordination

The Committee, while noting the establishment of a National Council for Children which should provide coordination between government departments and ministries, expresses its concern at the lack of an effective inter-institutional mechanism for coordinating the implementation of the Convention both at the national and local levels.  Further, the Committee notes with concern that most of the goals in the National Plan of Action for the period 1992-2001 were not reached.

The Committee recommends that the State party:

            (a)        Take all necessary measures to allocate principal responsibility for the coordination of the implementation of the Convention at both national and local levels to a single body or mechanism;

            (b)        Allocate for this purpose adequate human and financial resources for its effective performance; and

            (c)        For the preparation of the new National Plan of Action 2002-2012, take into account the obstacles met when implementing the National Plan of Action 1992-2001 and the results of the mid-term evaluation and of the review made for the end-of-decade report.

Budgetary allocations

The Committee notes with concern that budgetary allocations for children are insufficient to respond to national and local priorities for the protection and promotion of children's rights and to overcome and remedy existing disparities between rural and urban areas with respect to services provided to children.

In light of article 4 of the Convention, the Committee recommends that the State party:

            (a)        Strengthen its efforts to reduce poverty and its impact on children;

            (b)        Identify clearly its priorities with respect to child rights issues in order to ensure that funds are allocated to the "maximum extent of available resources" for the implementation of the rights recognized in the Convention, including the economic, social and cultural rights of children, in particular at local level and for children belonging to the most vulnerable groups in society; and

            (c)        Take the necessary measures to identify the amount and proportion of the budget spent on children at the national and local levels, including the resources from international aid programmes, in order to adequately evaluate its impact on children.

Monitoring

The Committee expresses its concern at the absence of an independent mechanism, such as an ombudsman or a commission for children, to monitor children's rights and to receive and address individual complaints from children on violations of their rights under the Convention.  It further takes note that there are ongoing discussions on the establishment of such a body.

The Committee encourages the State party to pursue its efforts with a view to developing and establishing an independent and effective mechanism, provided with adequate human and financial resources and easily accessible to children and in accordance with the Principles relating to the status of national institutions for the promotion and protection of human rights (General Assembly resolution 48/134), that:

            (a)        Monitors the implementation of the Convention;

            (b)        Deals with complaints from children in a child-sensitive and expeditious manner; and

            (c)        Provides remedies for violations of their rights under the Convention.

In this regard, the Committee further recommends that the State party consider seeking technical assistance from, among others, UNICEF and OHCHR.

Data collection

The Committee is concerned at the lack of disaggregated data and indicators for all areas covered by the Convention and in relation to all groups of children in order to monitor and evaluate progress achieved and assess the impact of policies adopted with respect to children.

The Committee recommends that the State party:

            (a)        Develop a system of data collection and indicators consistent with the Convention, disaggregated by gender, age, minority and ethnic groups, and urban and rural areas.  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; children belonging to ethnic groups; refugee and asylum-seeking children; children in conflict with the law; working children; children living in the streets and in rural areas; and

            (b)        Use these indicators and data for the formulation and evaluation of policies and programmes for the effective implementation of the Convention.

Dissemination and training

While noting that some efforts have been undertaken by the State party in order to disseminate the Convention in Mauritania, the Committee expresses its concern that they targeted only very specific groups and not the general population.  Further, it notes with concern that the Convention is not available in the national languages spoken in the State party.

The Committee recommends that the State party:

            (a)        Translate informative material into the national languages, such as Pulaar, Suninké and Wolof, and disseminate it effectively;

            (b)        Develop more creative methods to promote the Convention, including through audiovisual aids such as picture books and posters, in particular at local level;

            (c)        Provide further 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;

            (d)        Fully integrate the Convention into the curricula at all levels of the educational system; and

            (e)        Seek technical assistance from, among others, UNICEF, UNESCO and OHCHR.

2.  Definition of the child

The Committee notes that the newly adopted Personal Status Code sets the minimum age for marriage at 18, but it expresses its concern about the disparity between the legal minimum age for admission to employment (16 years) and the age for the end of compulsory education (14 years).

In light of articles 1 and 2 of the Convention, the Committee recommends that the State party ensure that the minimum age for marriage is fully enforced in practice, and that the population is aware of its existence, in order to bring an end to the practice of early marriage of girls.  It further recommends that the State party redefine the minimum age for the end of compulsory education so that it corresponds to the age for admission to employment.

3.  General principles

General principles

The Committee is concerned that the principles of non-discrimination (art. 2 of the Convention), best interests of the child (art. 3), right to life and maximum possible survival and

development of the child (art. 6) and respect for the views of the child (art. 12) are not fully reflected in the State party's legislation and administrative and judicial decisions, as well as in policies and practices relevant to children at both national and local levels.

The Committee recommends that the general principles of the Convention, in particular the provisions of articles 2, 3, 6 and 12:

            (a)        Be appropriately integrated in all relevant legislation concerning children;

            (b)        Be applied in all political, judicial and administrative decisions, as well as in projects, programmes and services which have an impact on all children; and

            (c)        Guide planning and policy-making at every level, as well as actions taken by social and health welfare institutions, courts of law and administrative authorities.

Non-discrimination

The Committee is concerned by the persistence of discrimination in the State Party.  In particular, the Committee is concerned by the occurrence of discrimination against children belonging to minorities, children with disabilities and, at the cultural level, girls.  Moreover, the Committee is concerned at the discrepancies in the enjoyment of rights in relation to certain vulnerable groups:  children living in rural areas, refugee children, children from poor families, children working on the streets and children born out of wedlock. 

In light of article 2 of the Convention, the Committee recommends that the State party:

            (a)        Make concerted efforts at all levels to address discrimination, notably discrimination based on gender, national, ethnic or social origin and disability, through a review and reorientation of policies, including increased budgetary allocations for programmes targeting the most vulnerable groups;

            (b)        Ensure effective law enforcement, undertake studies and launch comprehensive public information campaigns to prevent and combat all forms of discrimination; and

            (c)        Include specific information in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and taking account of the Committee's general comment No. 1 on article 29 (1) of the Convention (aims of education).

4.  Civil rights and freedoms

Birth registration

While noting Act No. 96/020 of 19 June 1996 on the obligation to register every child's birth and the establishment of a Secretariat of State for Civil Registration, the Committee is nevertheless concerned at the difficulties that are still experienced in registering, organizing and keeping civil registry records, in particular in rural areas.

In light of article 7 of the Convention, the Committee recommends that the State party:

            (a)        Continue to develop more widespread awareness among the population, including through public information campaigns, of the importance of immediate birth registration; and

            (b)        Improve the registration procedures and system in order to reach all families, in particular in rural and remote areas, and facilitate the registration of the births of their children.

Corporal punishment

The Committee is concerned that corporal punishment of children is widely practised in the family.  It further notes that it is not expressly banned in schools and institutions.

In light of articles 3, 19, and 28 (2) of the Convention, the Committee encourages the State party to:

            (a)        Develop measures to raise awareness on the harmful effects of corporal punishment and engage in the promotion of alternative forms of discipline in families to be administered in a manner consistent with the child's dignity and in conformity with the Convention; and

            (b)        Explicitly prohibit corporal punishment in the family, in schools and in other institutions.

5.  Family environment and alternative care

Assistance to vulnerable families

The Committee notes with concern the high number of female-headed families, in particular in the capital, which are particularly vulnerable to poverty.

In light of article 18 of the Convention, the Committee recommends that the State party ensure assistance to female-headed families in the performance of their child-rearing responsibilities, in particular with regard to access to health and education, and strengthen its programme of microcredits.

Child abuse and neglect

The Committee notes with concern that there is no procedure available for children who are abused and/or neglected within the family.

In light of article 19 of the Convention, the Committee recommends that the State party:

            (a)        Establish effective procedures and mechanisms to receive, monitor and investigate complaints about child abuse and neglect, including intervention where necessary;

            (b)        Prosecute cases of ill‑treatment, ensuring that the abused child is not victimized in legal proceedings;

            (c)        Train teachers, law enforcement officials, care workers, judges and health professionals in the identification, reporting and management of ill-treatment cases; and

            (d)        Provide proper alternative placement when this is in the best interest of the child.

Recovery of children's maintenance allowance

The Committee expresses its concern at the lack of implementation of the legislation on maintenance, due mainly to widespread ignorance of the law or to psychological reasons, i.e. pride or shame.

In light of article 27 (4) of the Convention, the Committee recommends that the State party:

            (a)        Make widely known, notably to women who are illiterate, the provisions of domestic legislation concerning maintenance allowance; and

            (b)        Ensure that professional groups dealing with this issue are adequately trained and that courts are stricter about the recovery of allowances from solvent parents who refuse to pay.

6.  Basic health and welfare

Health and health services

The Committee is concerned at the poor situation of maternal, child and the reproductive health and the limited access to health care.  In particular, it notes the lack of qualified medical and paramedical staff and the shortage of medicines and equipment in rural areas.  It further notes that infant, child and maternal mortality rates, as well as abortion and malnutrition rates, are particularly high in rural areas and in poor urban areas.  The Committee also takes note of the low immunization rates and of the resurgence of tuberculosis.

In light of article 24 of the Convention, the Committee recommends that the State party:

            (a)        Allocate appropriate resources and develop comprehensive policies and programmes to improve the health situation of all children without discrimination, in particular by focusing more on primary care and further decentralizing the health care system;

            (b)        Reduce child mortality and morbidity by providing adequate antenatal and postnatal health care services;

            (c)        Develop campaigns to inform parents of basic knowledge about child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation; and

            (d)        Look to international cooperation for the full and efficient implementation of the immunization programme.

Children with disabilities

While noting that the State party has developed a strategy for the integration and development of children with disabilities involving community-based rehabilitation, the Committee remains nevertheless concerned about the huge number of children with disabilities who are institutionalized, the general lack of resources and specialized staff for these children and the absence of support for their families.

In light of article 23 of the Convention, the Committee recommends that the State party:

            (a)        Undertake measures to ensure that the situation of children with disabilities is adequately monitored in order to assess effectively their situation and needs;

            (b)        Allocate the necessary resources for programmes and facilities for all children with disabilities, especially the ones living in rural areas, and further develop community-based programmes in order for the children to be able to stay at home with their families;

            (c)        Provide professional and financial support to families;

            (d)        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), further encourage their inclusion into society and their integration into the regular educational system, including by providing special training to teachers and by making schools more accessible; and

            (e)        Seek technical assistance from, among others, WHO and UNICEF.

Adolescent health

The Committee expresses its concern regarding the high rates of early pregnancy, the rise in the number of children and youths using tobacco and drugs, and the growing number of cases of HIV/AIDS among youths.  Further, it notes the limited availability of programmes and services in the area of adolescent health, including mental health, in particular treatment and rehabilitation programmes for drug addiction.  It also notes the lack of sufficient prevention and information programmes, especially on reproductive health, in schools.

The Committee recommends that the State party:

            (a)        Undertake a comprehensive and multidisciplinary study to assess the scope of adolescent health problems, including the negative impact of HIV/AIDS, in order to be able to develop adequate policies and programmes;

            (b)        Increase its efforts to promote adolescent health, including mental health, policies, particularly with respect to reproductive health and substance abuse, and strengthen the programme of health education in schools;

            (c)        Undertake further measures, including the allocation of adequate human and financial resources, to evaluate the effectiveness of training programmes in health education, in particular as regards reproductive health; and

            (d)        Develop youth-sensitive counselling, care and rehabilitation facilities that are accessible, without parental consent, when this is in the best interests of the child.

Traditional harmful practices

While noting the measures taken by the State party to combat the traditional practices of female genital mutilation and forced feeding, the Committee is nevertheless concerned at the continuing use of these practices, especially in rural areas.

In light of article 24 (3), of the Convention, the Committee urges the State party:

            (a)        To prohibit, and take action to end, the practices of female genital mutilation and forced feeding;

            (b)        To raise awareness of their harmful effects;

            (c)        To seek assistance from UNICEF and WHO in this regard; and

            (d)        To take advantage of the efforts in this regard made by other States in the region.

7.  Education, leisure and cultural activities

Education and leisure

While noting the increase in the number of schools and classrooms, the Committee is nevertheless concerned that only approximately 60 per cent of children attend school and that there are great gender and regional disparities.  It further notes with concern the high drop‑out and repeating rates; the inadequacy of the school curriculum; the high teacher-pupil ratio, especially in the capital, Nouakchott; the low enrolment rate in secondary schools; the inadequate school infrastructure; and the low number of children receiving pre-school education. Furthermore, the Committee expresses its concern at the lack of play space and recreational facilities for children, especially in rural areas.

In light of articles 28 and 29 of the Convention, the Committee recommends that the State party:

            (a)        Enforce the act that makes basic education compulsory for all children between the ages of 6 and 14;

            (b)        Undertake appropriate measures to ensure regular attendance at schools and the reduction of drop-out rates, in particular among girls;

            (c)        Continue its efforts to expand pre-school education;

            (d)        Take further steps to ensure the enrolment of children in secondary school;

            (e)        Improve the quality of education;

            (f)        Orient education towards the aims mentioned in article 29 (1) of the Convention and the Committee's general comment on the aims of education, in particular by introducing human rights, including children's rights, education in the curriculum at all levels of education, including teacher training; and

            (g)        In light of article 31 of the Convention, seek to ensure the right of the child to rest and leisure and to engage in play and recreational activities, inter alia by educating parents on the importance of these activities for the development of the child and by developing appropriate facilities, in particular in rural areas.

8.  Special protection measures

Refugee children

The Committee notes with concern that the State party does not give identification documents to refugees and their children and that the rights of refugee children are not specifically protected by law, notwithstanding the fact that the State party has signed the 1951 Convention relating to the Status of Refugees and has acceded to the 1967 Protocol.  It further notes that there are no laws and practices guaranteeing the reunification of families.

In light of article 22 of the Convention, the Committee recommends that the State party:

            (a)        Integrate the provisions of the 1951 Convention relating to the Status of Refugees and its 1967 Protocol into its legislation;

            (b)        Grant proper official identification documents to refugees in order to enable them to travel and to access other basic rights; and

            (c)        Enact legislation, policies and programmes guaranteeing the reunification of families where this is possible.

Economic exploitation

The Committee is concerned about the high number of children engaged in labour, in particular children working in agriculture, in the informal sector and in the street, including the talibés who are exploited by their teachers.  While recognizing the efforts undertaken by the

State party to stop cases of trafficking of children towards Arab countries, it remains concerned that girls involved in domestic service are often not paid or underpaid and that involuntary servitude is reported to exist in some isolated areas.

In light of article 32 of the Convention, the Committee recommends that the State party:

            (a)        Continue to undertake measures to prevent and combat all forms of economic exploitation of children;

            (b)        Complete the ratification process and implement 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; and

            (c)        Seek assistance from ILO/IPEC in this regard.

Juvenile justice

The Committee, while noting that the Government is in the process of drawing up a new criminal code and a code of criminal procedure specific to juveniles, expresses its concern that adult offenders and juvenile delinquents are treated the same and that the budget allocated to juvenile justice is small.  It further notes that judges are not informed about alternatives to detention and that there is little resort to diversion programmes or similar out-of-court procedures for dealing with juvenile delinquents.  While noting the positive development of the establishment of the Beyla Centre for the recovery and reintegration of children in conflict with the law in Nouakchott, it remains concerned at the high rates of recidivism, and further notes that children detained in the interior of the country are often kept with adults and subjected to ill‑treatment.

The Committee recommends that the State Party:

            (a)        Undertake all necessary measures to ensure the prompt adoption of a new criminal code and a code of criminal procedure specific to juveniles, i.e. all persons under 18, and allocate adequate human and financial resources for their implementation;

            (b)        Take additional steps to reform the system of juvenile justice in the spirit of 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;

            (c)        Consider deprivation of liberty only as a measure of last resort and for the shortest possible period of time; protect the rights of children deprived of their liberty,

including those pertaining to conditions of detention; and ensure that children are separated from adults and remain in regular contact with their families while in the juvenile justice system;

            (d)        Use alternative measures to pre-trial detention and other forms of deprivation of liberty whenever possible;

            (e)        Introduce training programmes on relevant international standards for all professionals involved with the system of juvenile justice;

            (f)        Make every effort to establish a programme of rehabilitation and reintegration of juveniles following justice proceedings; and

            (g)        Request technical assistance in the area of juvenile justice and police training from, among others, OHCHR, the United Nations Centre for International Crime Prevention, the International Network on Juvenile Justice and UNICEF, through the United Nations Coordination Panel on Technical Advice and Assistance on Juvenile Justice.

9.  Optional Protocols

The Committee encourages the State party to ratify 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.

10.  Dissemination of documents

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 and the concluding observations adopted thereon by the Committee, along with 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 and children.

Kenya

The Committee considered the initial report of Kenya (CRC/C/3/Add.62), received on 13 January 2000, at its 725th and 726th meetings (see CRC/C/SR.725 and 726), held on 26 September 2001, and adopted at the 749th meeting (CRC/C/SR.749), held on 12 October 2001, the following concluding observations.

A.  Introduction

The Committee welcomes the submission of the initial report of the State party which followed the established guidelines.  The Committee welcomes the written replies to its list of issues (CRC/C/Q/KEN/1), which allowed for a clearer understanding of the situation of children in the State party.  The Committee is encouraged by the constructive dialogue it had with the State party and the positive reactions to the suggestions and recommendations made during the discussion.  The Committee acknowledges that the presence of a high-ranking delegation directly involved in the implementation of the Convention allowed for a fuller assessment of the rights of children in the State party.

B.  Positive aspects

The Committee notes with appreciation that the State party has put in place a Poverty Eradication Plan and has developed a Poverty Reduction Strategy for the period 2000-2003 to address increasing poverty, focusing primarily on basic social services.

The Committee notes the efforts of the State party to facilitate the participation of NGOs in the promotion and implementation of programmes for children, including the National Programme of Action for Children established in 1992.  In this regard, the Committee welcomes the collaborative process undertaken in the preparation of the State party report, involving approximately 1,500 stakeholders, including NGOs and children themselves.

The Committee welcomes the establishment in 2000 of the Family Division of the High Court to provide greater protection for children in custody, adoption and divorce matters.

The Committee welcomes the setting up of a crisis desk and a hotline service to receive reports from child victims of abuse, including sexual abuse.  In this regard, the Committee also welcomes the establishment, in cooperation with civil society, of a peace house for abused children.

The Committee welcomes the National AIDS Control Council and the National Agency for the Campaign against Drug Abuse.

The Committee notes that budgetary allocations for social services have improved over the past three years despite the challenges faced by the country.

C.  Factors and difficulties impeding the implementation of the Convention

The Committee acknowledges that the economic and social difficulties - inter alia the ethnic clashes in 1997 - facing the State party have had a negative impact on the situation of children and have impeded the full implementation of the Convention.  In particular it notes the impact of high external debt payments, pressures exerted by structural adjustment, increasing levels of unemployment, the deteriorating economic conditions and rampant corruption, especially on children belonging to the most vulnerable groups.  The existence of more than 40 different ethnic groups seems also to be a major difficulty in the implementation of the Convention and in enacting adequate domestic legislation, particularly because they have their own customary laws.

D.  Subjects of concern and committee recommendations

1.  General measures of implementation

Legislation

The Committee notes that the State party has undertaken a review of the Constitution and of the legislation.  In 1994, the Kenya Law Review Commission recommended improvements to give effect to the provisions of the Convention.  The Committee further notes that the State party subsequently drafted the Children Bill, the Domestic Violence (family protection) Bill, the Industrial Properties Bill, the Refugee Bill, the Criminal Law Amendment Bill and the Bill on People with Disabilities.  The Committee is concerned, however, that these bills are still undergoing review and must be discussed by Parliament before being enacted.  The Committee expresses concern about the insufficient information on the status of the different systems of family law and their compatibility with the Convention on the Rights of the Child.

The Committee recommends that the State party reinforce its efforts to ensure that domestic law, including constitutional provisions, fully conforms with the provisions and principles of the Convention on the Rights of the Child, and eliminate any incompatibility in the different systems of family law.  The Committee encourages the State party to expedite the enactment of the pending legislation that has a direct impact on the rights of children and to ensure that any new legislation includes the principles of the Convention, as well as rights based approach.  It also encourages the State party to implement that legislation in the most effective way and to make available the necessary human and financial resources.  In this regard, the Committee recommends that the State party seek technical assistance from, inter alia, OHCHR and UNICEF.

Coordination

The Committee notes with concern that the State party has not established a mechanism to coordinate the implementation of the Convention.  While the Committee notes that the Children's Department is the agency responsible for the rehabilitation, protection and care of children, it is concerned about the inadequate resources (financial and human) allocated for the effective functioning of that Department. 

The Committee recommends that the State party set up an effective mechanism of coordination for the implementation of the Convention and take all measures to strengthen the resources (financial and human) allocated to the Children's Department to facilitate effective coordination and implementation of the Convention at the national and local levels.

Data collection

The Committee notes the State party's Population and Housing Census conducted in 1999.  It is concerned, however, that insufficient efforts have been made to ensure the

systematic collection of disaggregated data on all aspects of the Convention and the use of such data in monitoring and evaluating legislation, policies and programmes adopted with respect to children. 

The Committee recommends that the State party strengthen its efforts to collect systematically data disaggregated by gender, age, minority groups and rural and urban areas, incorporating all the areas covered by the Convention and covering all children below the age of 18 years, with specific emphasis on those who are vulnerable, in particular children with disabilities and refugee children.  The State party should also develop indicators to effectively monitor and evaluate progress achieved in the implementation of the Convention and assess the impact of policies that affect children.  In this context, the Committee recommends that the State party seek technical assistance from, inter alia, the United Nations Population Fund (UNFPA), the United Nations Development Programme (UNDP) and UNICEF.

Monitoring mechanisms

The Committee notes that the State party established a Standing Committee on Human Rights (SCHR) in 1996 to investigate alleged human rights violations, to advise the Government on all human rights matters and to increase public awareness about the issue.  The Committee is concerned that insufficient resources (financial and human) have been allocated for the effective functioning of the SCHR.  The Committee notes with concern that the SCHR has no specific responsibilities with regard to children and that the SCHR is not easily accessible to children. 

The Committee encourages the State party to allocate adequate financial and human resources to the Standing Committee on Human Rights (SCHR) to ensure its effective functioning.  The Committee further suggests that the State party should consider reviewing the status of the Committee and establishing an independent national human rights institution in accordance with the Paris Principles (General Assembly resolution 48/134) which would be competent to monitor and evaluate progress in the implementation of the Convention at the national level and, if appropriate, at the local level and to receive and investigate complaints of violations of child rights in a child-friendly manner, and to address them effectively.  Meanwhile, the State party should take effective measures to ensure that the SCHR is easily accessible and child-sensitive in dealing with complaints of violations of the rights of children and in providing remedies for such violations in all regions of the country.  The Committee further suggests that the State party initiate an awareness raising campaign about the SCHR and to facilitate its effective use by children.  The Committee encourages the establishment of a focal point on children within the SCHR to monitor child rights.  Finally, the Committee suggests that the State party consult further with OHCHR and seek technical assistance from UNICEF, among others.

Resources for children

The Committee is aware of the economic and social challenges facing the State party, including high and increasing poverty levels, as well as high debt payments.  It remains

concerned, however, that in the light of article 4 of the Convention, not enough attention has been paid to allocating budgetary resources, at both the national and local levels, in the best interests of children "to the maximum extent of ... available resources".

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, especially children from economically and geographically disadvantaged groups, to the maximum extent of available resources at both the national and local levels, where necessary within the framework of international cooperation.

Dissemination of the Convention

The Committee notes with appreciation the initiatives of the State party to promote awareness of the principles and provisions of the Convention, including through traditional means of communication.  The Committee also notes with satisfaction that the Convention has been translated into Kiswahili and over 20,000 copies distributed.  However, the Committee is concerned that professional groups, children, parents and the general public are still not sufficiently aware of the Convention and the rights-based approach enshrined therein. 

The Committee recommends that the State party strengthen its efforts to ensure that the principles and provisions of the Convention are widely known and understood by adults and children alike.  In this regard, the Committee 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, social workers, personnel of childcare institutions, and traditional or community leaders.  The Committee also recommends that the State party incorporate human rights, especially the Convention on the Rights of the Child in the school curricula at all levels.  The Committee suggests that the State party seek technical assistance from, inter alia, OHCHR, UNESCO and UNICEF.

2.  Definition of the child

The Committee is concerned about the various legal minimum ages which are inconsistent, discriminatory and/or too low.  In particular, the minimum age of eight years for criminal responsibility is too low. 

The Committee recommends the State party take the necessary legislative measures:

            (a)        To increase the legal age for criminal responsibility and for sexual consent;

            (b)        To correct the disparity between the legal minimum ages for marriage of boys and girls, preferably by increasing the legal minimum age for marriage of girls under the Marriage Act (Laws of Kenya, chap. 150) and the Hindu Marriage and Divorce Act (Laws of Kenya, chap. 157);

            (c)        To establish clear minimum ages for marriage under Islamic and customary laws, employment, especially with respect to apprenticeship programmes, and compulsory education.

3.  General principles

Non‑discrimination

The Committee notes that the State party established a task force in 1993 to undertake a review of the law to ensure non-discrimination against women and initiate statutory reforms with regard to gender discrimination.  The Committee is concerned, however, that the principle of non-discrimination is not adequately implemented with respect to certain vulnerable groups of children, especially girls, children born out of wedlock, children with disabilities, children of economically disadvantaged families, children in conflict with the law, children living in institutions, street children, child victims of abuse, refugee and asylum-seeking children, children belonging to ethnic minorities, and those living in rural areas.  Finally, the Committee is concerned that the constitutional guarantee of equal treatment does not cover various tribal, traditional customs and practices associated with, for example, fostering, marriage and divorce that constitute a major challenge for the full realization of children rights in the State party.

The Committee recommends that the State party take effective measures to implement laws, policies and programmes to guarantee the principle of non‑discrimination and full compliance with article 2 of the Convention, particularly as it relates to vulnerable groups of children and traditional tribal customs, practices and rituals.

The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and taking account of general comment No. 1 on article 29.1 of the Convention (the aims of education).

Right to life, survival and development

The Committee notes that the State party has established various programmes under the National Programme of Action for Children to ensure the survival and development of children.  However, it is concerned that the Programme has not been sufficiently implemented and that the impact of HIV/AIDS, mounting economic challenges and other socio-economic difficulties continue to threaten the right to life, survival and development of children in the State party, especially those living in rural areas and increasingly those living in crowded urban centres.

The Committee encourages the State party to reinforce its efforts to provide greater protection and support to children whose right to life, survival and development is unduly threatened by the difficult socio-economic realities of the State party.  In this connection, the Committee recommends that the State party take all effective measures to strengthen its technical cooperation with, inter alia, UNICEF, the Joint United Nations Programme on HIV/AIDS (UNAIDS), UNDP and WHO.

Respect for the views of the child

The Committee notes with concern that, inter alia, traditional practices and attitudes still limit the full implementation of article 12 of the Convention.

The Committee recommends that the State party develop a systematic approach to increasing public awareness of the participatory rights of children, particularly at the local level and in traditional communities, and encourage respect for the views of the child in the family, in schools and care institutions, and in the judicial system.  The Committee further recommends that the State party introduce child-sensitive hearings for placement decisions and in courts and take into account the views of the child, according to their maturity and age.

4.  Civil rights and freedoms

Birth registration

The Committee notes that the law provides for the registration of children at birth and that the State party has initiated campaigns to raise awareness about the importance of birth registration.  However, it is concerned that many children are not registered, particularly those born at home and those living in rural communities. 

In the light of articles 7 and 8 of the Convention, the Committee recommends that the State party strengthen its efforts to raise awareness among government officers, midwives, community and religious leaders, and parents themselves, to ensure that all children are duly registered at birth.  The Committee also recommends that the State party make the birth registration procedure less costly and more accessible.

Corporal punishment

While the Committee notes that corporal punishment has been formally banned in schools (April 2001) as a matter of policy, it is deeply concerned that this form of punishment continues to be practised in schools, as well as in the juvenile justice system, in the family and in care institutions, with resulting cases of permanent injury and even death.

 

The Committee recommends that the State party take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment, in the juvenile justice system, in schools and care institutions, and in the family.  The Committee also recommends that the State party monitor the ban on corporal punishment in schools.  The Committee encourages the State party to reinforce its public awareness campaigns to promote positive, participatory, non-violent forms of discipline as an alternative to corporal punishment at all levels of society.

Torture and inhuman or degrading treatment or punishment

The Committee is concerned about the incidence of police brutality, particularly against street children, refugee children and those in conflict with the law.  Concern is also expressed at the inadequate enforcement of existing legislation to ensure that all children are treated with respect for their physical and mental integrity and their inherent dignity.

The Committee strongly recommends that all appropriate measures be taken to implement fully the provisions of articles 37 (a) and 39 of the Convention.  In this regard, the Committee recommends that greater efforts be made to prevent all forms of torture and inhuman or degrading treatment by the police and facilitate the recovery of child victims through, inter alia, rehabilitation and reintegration.  Additionally, it is recommended that the State party effectively investigate these cases and ensure that perpetrators of such brutality against children are brought to justice.

5.  Family environment and alternative care

Protection of children deprived of a family environment

The Committee expresses concern at the increasing number of children deprived of a family environment and at the absence of a distinction between children in need of special protection and child offenders in legal proceedings.  Concern is also expressed at the inadequate facilities and services for children in need of special protection, as well as at the State practice of placing such children in juvenile remand facilities or police stations, which are considered places of safety.  The Committee also notes with concern the absence of an independent complaint mechanism for children in alternative care institutions, the inadequate review of their placement in institutions and the lack of trained personnel in this field.  Concern is also expressed at the insufficient financial and human resources allocated for alternative care.

The Committee recommends that the State party take effective measures to improve alternative care, including through the allocation of adequate financial and human resources.  It further recommends that the State party provide additional training, including in children rights, for social and welfare workers, ensure the periodic review of placements in institutions and establish an independent complaints mechanism for children in alternative care institutions.  Additionally, the Committee recommends that the State party take effective measures to ensure that children in need of care are not kept in juvenile remand facilities or police stations and encourages the efforts to make procedural and substantive distinction between children in need of special protection and child offenders. 

Adoptions and foster care

While noting that the Adoption Act (Laws of Kenya, chap. 143) provides for the regulation of adoption (domestic and intercountry), the Committee expresses concern that informal adoptions are more widely accepted and practised within the State party.  While the Committee notes that "informal foster care" takes place within the extended family system, it is concerned that the State party has not established an effective foster care programme.

In light of article 21 of the Convention, the Committee recommends that the State party strengthen administrative procedures for formal domestic adoptions to prevent abuse of the practice of private and informal adoption and guarantee the protection of the rights of children.  In the light of the increasing number of children deprived of a family environment, the Committee encourages the State party to promote and encourage formal adoptions and to establish an effective foster care programme.  Additionally, the Committee encourages the State party to accede to the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption.

Abuse/neglect/abandonment/maltreatment/violence

The Committee is concerned about the high and increasing incidence of physical and sexual abuse of children, including in schools and care institutions.  Concern is also expressed about the lack of awareness and information on domestic violence, ill-treatment and abuse (sexual, physical and psychological) of children and the insufficient financial and human resources allocated for programmes to combat abuse of children.

In the light of article 19, the Committee recommends that the State party undertake studieson domestic violence, ill-treatment and abuse (including sexual abuse within the family) in order to adopt adequate policies and contribute to changing attitudes.  The Committee encourages the State party to consider introducing an effective reporting system for child abuse cases, including sexual abuse of children.  It also recommends that cases of domestic violence, ill-treatment and abuse of children be properly investigated in a child-sensitive judicial procedure and sanctions applied to perpetrators, with due regard given to protecting the right to privacy of the child.  In accordance with article 39 of the Convention, measures should be taken to ensure the rehabilitation of victims and of perpetrators.  Efforts should also be made to prevent the criminalization and stigmatization of children who are victims of abuse.  The Committee recommends that the State party seek technical assistance from, inter alia, UNICEF, WHO and UNDP.

6.  Basic health and welfare

Right to health and access to health services

The Committee notes the efforts of the State party to improve health care for children through, inter alia, the Health Policy Framework, the Expanded Programme on Immunization, and the National Plan of Action for Nutrition.  However, the Committee is concerned about the insufficient numbers of trained medical personnel; the high maternal, infant, and under‑five mortality rates; the high rate of malnutrition; the increasing incidence of HIV/AIDS; the high incidence of malaria and acute respiratory infections; and poor sanitation and limited access to safe drinking water, especially in rural areas.  It is also noted with concern that the State party's cost-sharing policy has limited access to basic health care, especially for poor families.

The Committee recommends that the State party allocate appropriate resources to reinforce its policies and programmes to reduce the high rate of malnutrition and improve health care for children.  Additionally, the State party should take all effective measures to increase the numbers of trained medical and other health personnel, including traditional healers; facilitate cooperation between trained medical personnel and traditional healers, especially midwives; reduce the incidence of maternal, infant and under-five mortality; prevent and combat malnutrition; increase access to safe drinking water; improve sanitation; and reduce the incidence of malaria and acute respiratory infections.  Additionally, the State party should take effective measures to facilitate greater access to health services by, inter alia, abolishing or rationalizing cost sharing in primary health care to reduce the burden on poor families.  The Committee encourages the State party to seek technical cooperation for the Integrated Management of Childhood Illnesses and for other measures for child health improvement from, inter alia, WHO and UNICEF.

Adolescent health

The Committee expresses its concern with respect to the limited availability of programmes and services and the lack of adequate data in the area of adolescent health, including early marriage and pregnancy, HIV/AIDS and sexually transmitted diseases (STDs), abortion, violence, suicide, mental health, and alcohol and substance abuse.  The Committee is also concerned at the increasing number of orphans due to HIV/AIDS and at the decrease in expenditure for HIV/AIDS control.

The Committee recommends that the State party strengthen adolescent health policies, including reproductive health education.  Further, the Committee suggests that a comprehensive and multidisciplinary study be undertaken to assess the extent of adolescent health problems, including the special situation of children infected and/or affected by HIV/AIDS and STDs.  Additionally, it is recommended that the State party allocate adequate human and financial resources to increase the number of social workers and psychologists and to develop youth-sensitive care, counselling and rehabilitation facilities for adolescents.  It is further recommended that the State party seek technical assistance from, inter alia, UNICEF and WHO.

Female genital mutilation

The Committee is deeply concerned that female genital mutilation (FGM) is not prohibited by law and is still widely practised in the State party.  Concern is also expressed about the persistent practice of other harmful traditional practices, including early and forced marriages.

The Committee recommends that the State party take legislative and awareness‑raising measures to prohibit and eradicate the practice of FGM and other traditional practices harmful to the health, survival and development of children, boys as well as girls.  The Committee urges the State party to introduce sensitization programmes for practitioners and the general public to change traditional attitudes and discourage harmful practices. 

Children with disabilities

The Committee welcomes the establishment of a National Fund for the Disabled but is concerned about the inadequate legal protection and the insufficient policies, facilities and services for children with disabilities.  Concern is also expressed at the limited number of teachers trained to work with children with disabilities, as well as at the insufficient efforts made to facilitate the inclusion of such children in the educational system and generally in society.  The Committee also notes with concern the inadequate resources allocated to special education programmes for children with disabilities.

In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations adopted by the Committee at its day of general discussion on the rights of children with disabilities (CRC/C/69, para. 338), it is recommended that the State party:

            (a)        Take effective measures to collect adequate statistical data on children with disabilities and to ensure the use of such data for the prevention of disabilities, and in the development of policies and programmes for these children;

            (b)        Reinforce its efforts to develop early detection programmes to prevent disabilities;

            (c)        Implement alternatives to the institutionalization of children with disabilities;

            (d)        Establish special education programmes for them and where feasible, include them in the regular school system;

            (e)        Undertake awareness raising campaigns to sensitize the public about the rights and special needs of children with disabilities and children with mental health concerns;

            (f)        Increase the resources (financial and human) allocated to special education and enhance the support given to the families of children with disabilities;

            (g)        Seek technical cooperation for the training of professional staff, including teachers, working with and for children with disabilities, from, inter alia, WHO.

Right to an adequate standard of living

The Committee is concerned about widespread poverty and the increasingly high numbers of children in the State party who do not enjoy the right to an adequate standard of living, including children belonging to poor families, AIDS orphans, street children, internally displaced children, children of ethnic minorities and children living in remote rural communities.

In accordance with article 27 of the Convention, the Committee recommends that the State party reinforce its efforts to provide support and material assistance to economically disadvantaged families and to guarantee the right of children to an adequate standard of living.  In this connection, the Committee recommends that the State party pay particular attention to the rights and needs of children in the implementation of the Poverty Eradication Plan, the Poverty Reduction Strategy and all other programmes intended to improve the standard of living in the country.  In this regard, the Committee encourages the State party to coordinate its efforts with civil society and local communities.

7.  Education, leisure and cultural activities

Right to and aims of education

While the Committee notes that the Education Act is currently under review, it is concerned that the law does not fully guarantee the right to education.  The Committee expresses concern about the non-increase (in percentage) of the budget for education and about the introduction of cost-sharing in education which further limits access to education, especially for girls, children from economically disadvantaged families and those living in remote rural communities.  Concern is also expressed regarding low enrolment and high drop-out and repetition rates; insufficient numbers of trained teachers; insufficient schools and classrooms; and the lack of relevant learning material.  In the light of article 29.1 of the Convention, the Committee is also concerned about the quality of education in the State party.  The Committee notes with regret the reported incidents of sexual abuse and exploitation of children in the school environment.

The Committee urges the State party to take legal and other measures to guarantee the right to education for all children in its territory, in particular free and compulsory primary education.  The Committee recommends that the State party take effective measures, including the allocation and distribution of adequate financial, human and technical resources, to enhance the quality of education, to decrease the repetition and drop-out rates, and to ensure that all children enjoy the right to education.  It is further recommended that the State party reinforce its efforts to increase access to education by, inter alia, abolishing cost-sharing in primary education and rationalizing it in secondary and tertiary education.  The State party should pay particular attention to the quality of education, in the light of article 29.1 and the Committee's general comment on the aims of education.  The Committee strongly encourages the State party to take effective measures to protect children, especially girls, against sexual abuse and violence in the school environment and to facilitate care and the rehabilitation of child victims in this regard.  It is recommended that the State party seek to strengthen its educational system through closer cooperation with UNICEF and UNESCO.

8.  Special protection measures

Refugee, asylum-seeking, unaccompanied and internally displaced children

The Committee recognizes the efforts of the State party, in cooperation with UNHCR, to accommodate refugees, including unaccompanied minors.  However, the Committee remains concerned about the inadequate standards, procedures and policies to guarantee and protect the rights of refugee, asylum-seeking and unaccompanied children, including their access to adequate education, health and other social services.  Concern is also expressed regarding the prevalence of sexual abuse and violence against girls in and around refugee camps.  The Committee notes the establishment of the Presidential Commission on Ethnic Clashes (1998) to investigate the causes of ethnic clashes in various regions of the State party in 1992, 1997, and 1998, as well as the actions taken by officials, including the police, during the clashes.  However, the Committee is concerned that insufficient efforts have been made to ensure the resettlement of families who were displaced during these clashes and continue to live in camps.  Finally, the Committee is concerned at the decrease in the funds provided by UNHCR, which has a negative impact on the rights of child refugees, such as the right to food. 

The Committee recommends that the State party take effective legal and other measures to ensure adequate protection of refugee, asylum-seeking and unaccompanied children, especially girls, and to implement further policies and programmes to guarantee their adequate access to health, education and social services.  The Committee further recommends that the State party review its standards and procedures in the asylum process to ensure consistency with international standards and to introduce special procedures for refugee children, especially those separated from their families.  The Committee urges the State party to reinforce its resettlement programme to provide lasting relief for internally displaced families and guarantee their rights to adequate housing, education, health and social services.  The Committee encourages the State party to undertake efforts to reinforce its cooperation with UNHCR.

Street children

The Committee expresses grave concern at the high and increasing numbers of street children.  In particular, the Committee notes their limited access to health, education and other social services, as well as their vulnerability to police brutality, sexual abuse and exploitation, economic exploitation and other forms of exploitation.

The Committee recommends that the State party:

            (a)        Take all effective measures to ensure that street children are provided with a suitable programme of assistance, with adequate nutrition, clothing, housing, health care and educational opportunities, including vocational and life-skills training, in order to support their full development;

            (b)        Ensure that these children are provided with:  preventive and rehabilitative services with respect to physical, sexual and substance abuse; protection from police brutality; services for reconciliation with their families; and education on their rights;

            (c)        Consider establishing a comprehensive strategy to address the high and increasing numbers of street children, with the aim of preventing and reducing this phenomenon.

Economic exploitation

The Committee notes with appreciation that the State party has signed a memorandum of understanding with ILO and that various ILO/IPEC programmes to prevent and combat child labour are being carried out.  The Committee also welcomes the establishment of a National Steering Committee on child labour.  Nevertheless, and in the light of the current economic situation, the increasing number of school drop-outs and the increasing number of street children, the Committee is concerned about the large number of children engaged in labour and the lack of information and adequate data on the situation of child labour and economic exploitation in the State party.  The Committee notes also with concern that notwithstanding various legal provisions there is no firm minimum age for admission to employment and that child labour is still prevalent in the State party.

The Committee encourages the State party to introduce monitoring mechanisms to ensure the enforcement of labour laws and protect children from economic exploitation, particularly in the informal sectors.  It is further recommended that the State party undertake a comprehensive study to assess the situation of child labour.  The Committee urges the State party to establish a clear legal minimum age for employment, in particular for those working in the agricultural sector.  The Committee encourages the State party to further develop and strengthen the collaboration with ILO/IPEC.

Sexual exploitation and sexual abuse

The Committee notes that the State party participated in the World Congress against Commercial Sexual Exploitation, held in Stockholm in 1996, and subsequently established a National Plan of Action to prevent and combat the commercial sexual exploitation of children.  However, the Committee is concerned about the large and increasing number of child victims of commercial sexual exploitation, including prostitution and pornography, especially among those engaged in domestic labour and street children.  Concern is also expressed at the insufficient programmes for the physical and psychological recovery and social reintegration of children who are the victims of such abuse and exploitation.

In the light of article 34 and related articles of the Convention, the Committee recommends that the State party undertake studies with a view to assessing the scope of commercial sexual exploitation of children, including prostitution, child sex tourism and child pornography, and implementing appropriate preventive and rehabilitative policies and programmes for child victims.  The Committee recommends that the State party reinforce its efforts in implementing the National Plan of Action formulated in accordance with the Declaration and the Agenda for Action adopted by the World Congress against Commercial Sexual Exploitation of Children at Stockholm in 1996.

Administration of juvenile justice

The Committee notes with concern that the juvenile justice system does not cover the entire country and that there is only one juvenile court in the State party.  While acknowledging the State party's efforts to implement a Diversion Programme for children in conflict with the law, the Committee also expresses its concern about the quality of the juvenile justice system generally.

The Committee recommends that the State party:

            (a)        Take all appropriate measures, including the enactment of the Children Bill, to implement a juvenile justice system in conformity with the Convention, in particular articles 37, 39 and 40, 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), 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;

            (b)        Use deprivation of liberty (institutionalization) only as a measure of last resort and for the shortest possible time and, in that regard, implement the Diversion Programme fully and with the widest scope possible, as an alternative to deprivation of liberty;

            (c)        Ensure that children remain in contact with their families while in the juvenile justice system;

            (d)        Introduce training programmes on relevant international standards for all professionals involved in the administration of juvenile justice;

            (e)        Abolish the use of corporal punishment in the juvenile justice system;

            (f)        Improve the conditions in detention facilities;

            (g)        Strengthen reparation, rehabilitation and reintegration programmes;

            (h)        Ensure that cases involving children in need of care and protection are not treated as criminal cases; and

            (i)         Consider seeking technical assistance from, inter alia, OHCHR, the Centre for International Crime Prevention, the International Network on Juvenile Justice and UNICEF, through the Co-ordination Panel on Technical Advice in Juvenile Justice.

9.  Optional Protocols and amendment to article 43.2 of the Convention

The Committee notes that the State party has not ratified the two 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, nor has it formally accepted the amendment to article 43.2 of the Convention to allow for the expansion of the Committee from 10 to 18 members.

The Committee encourages the State party to ratify the two Optional Protocols to the Convention on the Rights of the Child, and to accept the amendment to article 43.2 of the Convention.

10.  Dissemination of documents

Finally, 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 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.

Oman

At its 727th and 728th meetings (see CRC/C/SR.727 and 728), held on 27 September 2001, the Committee on the Rights of the Child considered the initial report of Oman (CRC/C/78/Add.1), which was received on 5 July 1999, and adopted, at the 749th meeting, held on 12 October 2001 (CRC/C/SR.749), the following concluding observations.

A.  Introduction

The Committee notes that the initial State party report was prepared according to the Committee's guidelines for reporting.  It notes the timely submission of the informative written answers.  The Committee further notes with appreciation the presence of a high-level and cross‑sectoral delegation, which contributed to a frank and open dialogue.

B.  Positive aspects

The Committee notes that the consideration of the initial report of Oman marked the first occasion that the State party had appeared before a human rights treaty body.

The Committee appreciates that the State party has achieved most of the goals of the World Summit for Children, including reductions in infant and under-5 mortality, an annual immunization rate of almost 98 per cent, high primary and secondary school enrolment, and near parity in school enrolment between girls and boys.

The Committee notes the high level of commitment to health care, as evidenced by its having been ranked eighth in the world for its overall health system performance (WHO,

World Health Report 2000).  It welcomes information on salt iodization and flour fortification programmes, pre-marriage screening for HIV/AIDS and congenital diseases, and the introduction of the Integrated Management of Childhood Illness (IMCI) strategy.

The Committee welcomes:

            (a)        The introduction of basic education reform, which includes the adoption of a child‑centred approach to learning;

            (b)        The State party's ratification of the ILO Worst Forms of Child Labour Convention, 1999 (No. 182); and

            (c)        The introduction of the new system for reporting child abuse and neglect.

C.  Factors and difficulties impeding the implementation

of the Convention

The Committee acknowledges that sparse settlement patterns, especially in rural and remote regions of the country, may be factors impeding the implementation of some provisions of the Convention.

D.  Principal subjects of concern and recommendations

1.  General measures of implementation

Reservation

The Committee welcomes information that the State party is re-examining its reservations to articles 7, 9, 21 and 30 of the Convention.  While noting difficulties that the State party may have, the Committee is nevertheless concerned that its reservation to article 14 is not included in this re-examination.

The Committee recommends that the State party:

            (a)        Expeditiously complete its re-examination of its reservations to articles 7, 9, 21 and 30 of the Convention with a view to withdrawing them in accordance with the Vienna Declaration and Plan of Action of the World Conference on Human Rights (1993);

            (b)        Study its reservation to article 14 with a view to narrowing it, taking account of the Human Rights Committee's general comment No. 22 on freedom of thought, conscience and religion.

Legislation

While noting various legislative measures already taken or proposed with respect to child rights (e.g. 1999 Civil Status Law, 1999 Criminal Procedure Law, draft Juveniles Law), the Committee is concerned that they do not sufficiently reflect a comprehensive rights-based approach to the implementation of the Convention.

The Committee recommends that the State party:

            (a)        Undertake a comprehensive review of existing legislation from a rights-based approach, to ensure its conformity with the principles and provisions of the Convention; and

            (b)        Consider the adoption of a comprehensive children's code, which would incorporate the principles and provisions of the Convention.

Coordination

The Committee welcomes information that the Omani Child Rights Committee, under the National Committee for Child Care (NCCC), has been reactivated with the aim of improving the implementation of the Convention.  However, it is concerned at the lack of a comprehensive plan of action to implement the Convention.

The Committee recommends that the State party:

            (a)        Pursue the preparation and development of a comprehensive rights-based national plan of action for the implementation of the Convention, through an open, consultative and participatory process; and

            (b)        Ensure that the NCCC, particularly the Child Rights Committee, is provided with adequate human and financial resources.

Cooperation with civil society

Noting good cooperation in the development and welfare sectors between the Government and national associations, bilateral aid agencies, international organizations and NGOs, the Committee is concerned that insufficient efforts have been made to