UNITED

NATIONS

CRC

Convention on the

Rights of the Child

Distr.

GENERAL

CRC/C/118

3 September 2002

Original: ENGLISH

COMMITTEE ON THE RIGHTS OF THE CHILD

Thirtieth session

21 May-7 June 2002

REPORT ON THE THIRTIETH SESSION

(Geneva, 21 May-7 June 2002)

GE.02-44335 (E) 260902

CONTENTS

Chapter Paragraphs Page

I. RECOMMENDATION ADOPTED BY THE COMMITTEE ON

THE RIGHTS OF THE CHILD ...................................................................................... 4

II. ORGANIZATIONAL AND OTHER MATTERS ................................... 1 - 23 6

A. States parties to the Convention .......................................................... 1 - 4 6

B. Opening and duration of the session ...................................................... 5 6

C. Membership and attendance ............................................................... 6 - 11 6

D. Agenda ................................................................................................ 12 8

E. Meeting with the United Nations High Commissioner

for Human Rights .............................................................................. 13 - 18 8

F. Pre-sessional working group ............................................................. 19 - 21 9

G. Organization of work ............................................................................ 22 10

H. Future regular meetings ......................................................................... 23 10

III. REPORTS SUBMITTED BY STATES PARTIES UNDER

ARTICLE 44 OF THE CONVENTION ............................................... 24 - 591 10

A. Submission of reports ....................................................................... 24 - 30 10

B. Consideration of reports ................................................................... 31 - 591 12

Concluding observations: Guinea-Bissau ....................................... 31 - 91 12

Concluding observations: Belgium ................................................ 92 - 125 29

Concluding observations: Niger .................................................. 126 - 200 37

Concluding observations: Belarus ............................................... 201 - 256 54

Concluding observations: Tunisia ................................................ 257 - 304 68

Concluding observations: Switzerland ......................................... 305 - 366 78

Concluding observations: United Arab Emirates .......................... 367 - 411 90

Concluding observations: St. Vincent and the Grenadines ............ 412 - 467 101

Concluding observations: Spain .................................................. 468 - 523 117

Concluding observations: Netherlands

(Netherlands Antilles) ...................... 524 - 591 129

CONTENTS (continued)

Chapter Paragraphs Page

IV. INTERSESSIONAL ACTIVITIES OF THE COMMITTEE ............... 592 - 599 145

V. COOPERATION WITH UNITED NATIONS AND OTHER

COMPETENT BODIES ..................................................................... 600 - 603 146

VI. WORKING METHODS ........................................................................... 604 147

VII. GENERAL COMMENTS ........................................................................ 605 147

VIII. DRAFT PROVISIONAL AGENDA FOR THE

THIRTY-FIRST SESSION ....................................................................... 606 148

IX. ADOPTION OF THE REPORT ............................................................... 607 148

Annexes

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

Rights of the Child as at 7 June 2002 (191)................................................................. 149

II. States which have signed (109), or ratified or acceded to (33) the Optional

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

of children in armed conflict as at 7 June 2002 .............................................................. 155

III. States which have signed (103) or ratified or acceded to (33) the Optional

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

children, child prostitution and child pornography as at 7 June 2002 .............................. 159

IV. Membership of the Committee on the Rights of the Child .............................................. 163

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

the Rights of the Child as at 7 June 2002 ...................................................................... 164

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

thirty-first and thirty-second sessions ............................................................................ 174

I. Recommendation adopted by the Committee

on the Rights of the Child

Organization of work

Thirtieth session, recommendation

The Committee on the Rights of the Child,

Noting with appreciation the exceptionally high number of States parties to the Convention on the Rights of the Child (191) and the rapid pace of ratification of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography (33), and the Optional Protocol on the involvement of children in armed conflict (33),

Welcoming the relatively high reporting rate for initial reports by States parties under the Convention on the Rights of the Child (167 out of 191),

Stressing the generally satisfactory quality of initial and periodic reports, as well as written responses to the list of issues, submitted by States parties under the Convention on the Rights of the Child,

Concerned about the workload of the Committee, including the forthcoming challenge generated by new reporting obligations under the two Optional Protocols,

Concerned in particular about the excessive length of some periodic reports submitted under the Convention,

1. Decides to review in the near future its guidelines for periodic reporting (CRC/C/58) in order to encourage States parties not to submit overly lengthy periodic reports;

2. Requests all States parties to the Convention to submit periodic reports that are concise, analytical and focus on key implementation issues, the length of which shall not exceed 120 standard pages;

3. Also requests all States parties to focus their periodic reports under the Convention in particular on two aspects of implementation aimed at:

(a) In the light of article 44 of the Convention, informing the Committee about progress made in the enjoyment of human rights by children, factors and difficulties affecting the degree of fulfilment of obligations under the Convention, and measures taken to implement the Committee's concluding observations - by explicitly referring them - adopted with respect to the previous report of a State party and the ensuing dialogue;

(b) Informing the Committee about fundamental developments in the State party during the reporting period with regard to the human rights of children. In this regard, States parties should avoid repeating information already contained in previous reports submitted to the Committee, in the light of article 44, paragraph 3, of the Convention;

4. Recommends that, in addition to providing information on legislative developments and the situation de jure, States parties give due attention in their periodic reports to analysing the situation de facto in the State party, including information on concrete measures taken to enhance the implementation of domestic and international legal provisions and principles and, if any, related limitations and obstacles.

804th meeting

7 June 2002

II. ORGANIZATIONAL AND OTHER MATTERS

A. States parties to the Convention

As at 7 June 2002, the closing date of the thirtieth 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 33 States parties and signed by 109 States. The Optional Protocol entered into force on 12 February 2002. 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 32 States parties and signed by 103 States. It entered into force on 18 January 2002. 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 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.

As at 7 June 2002, 120 States parties to the Convention had notified the Secretary‑General of their acceptance of the amendment to article 43, paragraph 3, of the Convention increasing the membership of the Committee from 10 to 18 members (resolution 50/155); 128 notifications are needed (two thirds of States parties) in order for the amendment to enter into force.

B. Opening and duration of the session

The Committee on the Rights of the Child held its thirtieth session at the United Nations Office at Geneva from 21 May-7 June 2002. The Committee held 27 meetings (778th-804th). An account of the Committee's deliberations at its thirtieth session is contained in the relevant summary records (CRC/C/SR.778; 780-791; 793-801; and 804).

C. Membership and attendance

All the members of the Committee attended the thirtieth 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. Awa N'Deye Ouedraogo was not able to attend the session in its entirety.

In a note verbale dated 15 March 2002, the Government of Egypt informed the Committee on the Rights of the Child that Ms. Amina El-Guindi resigned with immediate effect. In accordance with article 43, paragraph 7, of the Convention on the Rights of the Child, the Government of Egypt nominated on 5 April 2002 another expert, Ms. Moushira Khattab, for the remainder of the term of Ms. El-Guindi (28 February 2003). The name and curriculum vitae of the new expert had been transmitted by the Secretary-General to the Committee for approval by secret ballot, in accordance with rule 14, paragraph 4, of the Committee's provisional rules of procedure (CRC/C/4). On 21 May 2002, the Committee approved the nomination of Ms. Khattab. Upon assuming her duties, Ms. Khattab made a solemn declaration as foreseen in rule 15 of the Committee's provisional rules of procedure.

On 21 May, the Committee nominated Mrs. Saisuree Chutikul as Vice-Chairperson to replace Ms. El-Guindi.

The following United Nations bodies were represented at the session: Office of the United Nations High Commissioner for Human Rights (OHCHR), 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), United Nations Educational, Scientific and Cultural Organization (UNESCO), 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, Friends World Committee for Consultation (Quakers), 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, International Social Service, 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, Basque Observatory for Human Rights, Pflegekinder-Aktion Schweiz, Swiss National Committee for UNICEF, Institut

international des droits de l'enfant, Société suisse de la protection de l'enfance, Défense des enfants international-section suisse, Fondation Village d'Enfants Pestalozzi, Ghent University, Coordination belge des ONG pour les droits de l'enfant.

D. Agenda

At the 778th meeting, on 21 May 2002, the Committee adopted the following agenda on the basis of the provisional agenda (CRC/C/115):

1. Adoption of the agenda.

2. Organizational matters.

3. Submission of reports by States parties.

4. Consideration of reports of States parties.

5. Cooperation with other United Nations bodies, specialized agencies and other competent bodies.

6. Methods of work of the Committee.

7. General comments.

8. Future meetings.

9. Other matters.

E. Meeting with the United Nations High Commissioner for Human Rights

At its 797th meeting, held on 3 June 2002, the United Nations High Commissioner for Human Rights, Mrs. Mary Robinson, addressed the Committee.

Mrs. Robinson shared her thoughts with the members of the Committee on the General Assembly Special Session on Children, and admitted that on reflection, she had concerns about that important event. From a human rights perspective, the Declaration and Plan of Action clearly did not meet all expectations. Specific links between the Plan of Action and the Convention on the Rights of the Child and other related international instruments were weak. It was therefore crucial that the child rights community continue to stress the commitments of States parties to the Convention. The Committee had a critical role to play in ensuring that States implemented the Plan of Action and the Declaration adopted at the Special Session within the framework of the Convention implementation process already in place at the national level.

A more positive aspect of the Special Session was the participation of children and young people and their emphasis on the Convention and on human rights in general. She was extremely impressed with the commitment and competence of the young participants she had met in New York. She encouraged all those who worked for child rights to continue and strengthen the Committee's efforts to involve children and young people directly in their work. The Special Session was followed by another historic moment for the international community: the first session of the Permanent Forum on Indigenous Issues. As the Secretary-General had noted in his remarks to the closing session, the Forum had formidable responsibilities and should determine how best to mobilize the expertise and resources of the United Nations system. It would also have to convince Governments that they should join those efforts and increase the practical attention they gave to indigenous issues. The Convention was the only legally binding human rights instrument that explicitly recognized the rights of indigenous children, in its article 30. She encouraged experts to consider how the Committee could best support the work of the Forum in the future.

Mrs. Robinson recalled that the Commission on Human Rights at its last session adopted a resolution in which it suggested that the Secretary-General appoint an independent expert to direct the study on the question of violence against children. Thatresolution complemented the one adopted by the General Assembly last year on the same issue and should facilitate such an appointment, hopefully before the end of the summer. The role of the Committee would be crucial in providing expert guidance to the study.

Mrs. Robinson said that both in developed and developing countries, privatization of education, health and other services was a growing trend. That trend needed to be better understood as one still had fragmented knowledge about the impact of privatization of those services on the enjoyment of human rights. She therefore congratulated the Committee for organizing a day of general discussion on this crucial issue at its next session (20 September 2002).

Following the statement, the Chairperson and Committee members thanked the High Commissioner for her support and contribution to the work of the Committee. Mr. Doek expressed deep gratitude to the High Commissioner for her strong and continued support to children's rights and the work of the Committee. He especially thanked Mrs. Robinson for her systematic participation in the Committee's days of general discussion on thematic issues. He also praised the secretariat of the Committee which over the years had become a very dedicated and competent entity. He welcomed the support of the Office in the drafting of general comments aimed at assisting States parties in their efforts to implement the provisions of the Convention.

F. 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 4 to 8 February 2002. 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 on 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.

Ms. Karp and Mr. Doek chaired the pre-sessional working group. The group held nine meetings, at which it examined lists of issues put before it by members of the Committee relating to the initial reports of five countries (Guinea-Bissau, Niger, Switzerland, Saint Vincent and the Grenadines and the Netherlands (Netherlands Antilles)) and the second periodic reports of four countries (Belgium, Belarus, Tunisia and Spain). 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 April 2002.

G. Organization of work

The Committee considered the organization of its work at its 778th meeting, on 21 May 2002. The Committee had before it the draft programme of work for the thirtieth session, prepared by the Secretary-General in consultation with the Chairperson of the Committee, and the report of the Committee on its thirtieth session (CRC/C/114).

H. Future regular meetings

The Committee noted that its thirty-first session would take place from 16 September to 4 October 2002 and that the pre-sessional working group for the thirty-second session would meet from 7 to 11 October 2002.

III. REPORTS SUBMITTED 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), 2001 (CRC/C/104) and 2002 (CRC/C/117);

(b) Note by the Secretary-General on the States parties to the Convention and the status of submission of reports (CRC/C/116);

(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.20);

(e) Methods of work of the Committee: Compilation of the conclusions and recommendations adopted by the Committee on the Rights of the Child (CRC/C/19/Rev.10).

The Committee was informed that, in addition to the nine reports that were scheduled for consideration by the Committee at its current session and those which had been received prior to the Committee's thirtieth session (see CRC/C/114, para. 21), the Secretary-General had received the initial report of San Marino (CRC/C/8/Add.46) and Singapore (CRC/C/51/Add.7) and the second periodic reports of Indonesia (CRC/C/65/Add.23), Armenia (CRC/C/93/Add.6), the Netherlands (CRC/C/117/Add.1), Panama (CRC/C/70/Add.20, and the Democratic People's Republic of Korea (CRC/C/65/Add.24).

A list of initial and second periodic reports considered by the Committee as of 7 June 2002, as well as a provisional list of initial and second periodic reports scheduled for consideration at the Committee's thirty-first and thirty-second sessions, are contained in annexes V and VI, respectively.

As at 7 June 2002, the Committee had received 169 initial and 58 periodic reports. A total of 182 reports (157 initial and 25 second periodic) have been considered by the Committee (see annex V).

At its thirtieth session, the Committee examined initial and periodic reports submitted by 10 States parties under article 44 of the Convention. It devoted 20 of its 29 meetings to the consideration of reports (see CRC/C/SR.780-791; 793-801; and 804). The following reports, listed in the order in which they were received by the Secretary‑General, were before the Committee at its thirtieth session: Guinea-Bissau (CRC/C/3/Add.63); Belgium (CRC/C/83/Add.2); Niger (CRC/C/3/Add.29/Rev.1); Belarus (CRC/C/65/Add.15); Tunisia (CRC/C/83/Add.1); Switzerland (CRC/C/78/Add.3); United Arab Emirates (CRC/C/78/Add.2); Saint Vincent and the Grenadines (CRC/C/28/Add.18); Spain (CRC/C/70/Add.9); and the Netherlands (Netherlands Antilles) (CRC/C/61/Add.4).

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

Concluding observations: Guinea-Bissau

The Committee considered the initial report of Guinea-Bissau (CRC/C/3/Add.63) at its 780th and 781st meetings (see CRC/C/SR.780-781), held on 22 May 2002, and adopted, at the 804th meeting, held on 7 June 2002, the following concluding observations.

A. Introduction

The Committee welcomes the submission of the State party's frank and informative initial report and the written replies to its list of issues (CRC/C/Q/GUIB/1). The Committee also welcomes the fact that the State party was represented by a high-level delegation, and the constructive dialogue that took place.

B. Positive factors

The Committee welcomes:

(a) The initiation of the process of ratification by Parliament in December 2001, of the Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflicts, and on the sale of children, child prostitution and child pornography;

(b) The ratification in 2000, of the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and their Destruction, and the creation of the National Council for Anti-Mines Action.

The Committee also welcomes:

(a) The creation of the Institute for Women and Children in 2000;

(b) The fact that the Committee against Harmful Practices has been legally institutionalized;

The Committee notes the State party's:

(a) Efforts to consult children through the "children's fortnight" mechanism, which places emphasis on children's views over a two-week period, and the holding of a children's parliament;

(b) Development of the "FIRKIDJA" programme in support of basic education and focusing on access to education, the quality of education and strengthening education management;

(c) Efforts to improve understanding and knowledge of children's rights among the general public and children through information campaigns, including the "children's voice" radio programme as described in the State party report in, inter alia, paragraphs 67, 97 and 123.

C. Factors and difficulties impeding the implementation

of the Convention

The Committee notes with deep concern that a series of factors very seriously impede the implementation of children's rights, notably in the areas of health and education. The Committee notes, in particular, that the armed conflict in 1998/1999 had a very damaging impact on the country's infrastructure, including upon education and health services. The Committee recognizes the very poor economic conditions in the State party, the weight of its external debt and that a large proportion of the population lives in deep poverty and the country ranks very low on the Human Development Index. Finally, the Committee notes the low literacy level among the population in general and the burden of longstanding traditions some of which hinder the Convention's implementation.

D. Principal subjects of concern, suggestions and recommendations

1. General measures of implementation

Legislation

The Committee is concerned to note that:

(a) There is "an absence of specific legislation on the implementation of the Convention", as indicated in paragraph 61 of the State party's report;

(b) The Law on Children's and Women's Protection, which was approved by Parliament in 1997, has not been implemented and that the status of this law, according to the delegation, is unclear;

(d) Customary law which does not fully comply with the Convention is applied much more often than national legislation, particularly on issues relevant to children, girls/women and the family.

Noting as a positive step the reactivation by the Parliament of the Ad Hoc Commission for the Child and Woman, the Committee urges the State party:

(a) To strengthen and speed up the process of revision and harmonization of national laws in the light of and in accordance with the principles and provisions of the Convention;

(b) Take the necessary steps, including involving the community and traditional leaders, to bring customary law practices into compliance with the provisions and principles of the Convention;

(c) Seek technical assistance from the United Nations Children's Fund (UNICEF) and the Office of the High Commissioner for Human Rights (OHCHR).

Implementation, coordination, monitoring and national plan of action

While noting the creation of the National Council for Childhood (see paragraphs 100 and 126 of the State party's report) and the recent establishment of the Institute for Women and Children (see the State party's replies to the list of issues, Part III), the Committee remains deeply concerned at:

(a) The lack of a well defined and comprehensive children's rights policy and an up‑to‑date national plan of action for the implementation of the Convention;

(b) The many difficulties encountered in the coordination and evaluation of the implementation of the Convention;

The Committee urgently recommends that the State party:

(a) Develop and implement a comprehensive child rights policy and National Plan of Action, to replace the 1992 Plan;

(b) Provide the National Council for Childhood or the Institute for Women and Children with the necessary financial and human resources in order to allow one of these bodies to perform the role of promoting and coordinating activities for the implementation of the rights of women and children;

(c) The Committee urgently recommends that the State party establish an independent and effective mechanism in accordance with the Paris Principles relating to the status of national institutions for the promotion and protection of human rights (General Assembly resolution 48/134), provided with adequate human and financial resources and easily accessible to children;

(d) Seek technical assistance from UNICEF and OHCHR.

Resources for children

The Committee is deeply concerned that budget allocations for services such as health and education are extremely low. In addition, sole dependence on foreign assistance raises concerns as to the sustainability of the required resources. The Committee notes, further, that teachers and many other State employees often do not receive their salaries.

With view to the State party's strengthening of its implementation of article 4 of the Convention, and in the light of articles 2, 3 and 6, the Committee recommends that the State party:

(a) Establish a clear policy on the allocation of resources in favour of children, including those resources allocated by international agencies or bilateral assistance;

(b) Prioritize budgetary allocations to ensure implementation of the rights of children to the maximum extent of available resources and, where needed, within the framework of international cooperation;

Data collection

The Committee is concerned at the absence of reliable data and the lack of an adequate data collection mechanism.

The Committee urges the State party to:

(a) Systematically collect disaggregated quantitative and qualitative data on all the areas covered by the Convention and all children below the age of 18 years;

(b) Give particular attention to data on children in need of special protection;

(d) Seek technical assistance from, inter alia, the United Nations Population Fund (UNFPA) and UNICEF.

Cooperation with NGOs

Noting the State party's strong collaboration with national and international NGOs and the major contribution made by NGOs to the implementation of the Convention, the Committee is convinced that the NGO contribution and the collaboration of the State party with NGOs could be strengthened further and become more systematic.

The Committee recommends that the State party:

(a) Continue and further strengthen its systematic collaboration with NGOs;

(b) Improve coordination of State party activities with those of NGOs with regard to the implementation of the Convention, including through the establishment of a coordination mechanism for this purpose.

Dissemination of the Convention

While noting the State party's efforts to promote the Convention, including in schools, the Committee remains concerned that there is insufficient awareness of the Convention among children, professionals working with children, parents and the public in general.

The Committee recommends that the State party:

(a) Strengthen its efforts to disseminate the principles and provisions of the Convention, as a means of sensitizing society to children's rights;

(b) Involve local communities in its programmes in order to prevent and combat customs and traditions that impede the implementation of the Convention, and ensure that dissemination efforts reach, inter alia, parents, persons who are illiterate and children themselves;

(c) Undertake systematic education and training on the provisions of the Convention for all professional groups working for and with children, in particular parliamentarians, judges, lawyers, law enforcement officials, civil servants, municipal and local workers, personnel working in institutions and places of detention for children, teachers, health personnel, including psychologists and paediatricians, and social workers;

(d) Consider introducing human rights education, including on the rights of the child, into the curricular and extracurricular activities of all schools;

Seek technical assistance from, inter alia, UNICEF.

2. Definition of the child

The Committee is concerned that:

(a) Differences in the minimum legal age of marriage for girls (14) and boys (16) is discriminatory and that, in practice, the marriage of girls at age 13 or 14 is common;

(b) Boys under the age of 16 are legally permitted to join the armed forces if they have parental agreement and that children well under the age of 16 were recruited into armed forces in 1998 and 1999, during the internal armed conflict.

The Committee recommends that the State party:

(a) Raise the minimum legal age of marriage of girls so that it is the same as for boys and enforce respect for this minimum age;

(b) Clearly define the legal minimum age at which children can be recruited into the armed forces, raising the age limit to comply, at a minimum, with the standards set in the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, and ensure enforcement of these standards.

3. General principles

Discrimination

The Committee is concerned that:

(a) The list of criteria for which discrimination is prohibited under the Constitution, as described in the State party's report (para. 146), is limited in relation to article 2 of the Convention and omits, notably, discrimination on the grounds of political belief;

(b) As noted in the State party's report (para. 140) "girls are highly penalized not only at the level of the family but in society in general";

The Committee recommends that the State party:

(a) Amend the legislation to ensure that it fully corresponds with the provisions of article 2 of the Convention;

(b) Formulate policies and programmes with a view to addressing discrimination against specific groups of children, in particular girls and children with disabilities.

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 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and that take into account General Comment No. 1 on article 29.1 of the Convention (aims of education).

Best interests of the child

The Committee is concerned that:

(a) The principle of the "best interests of the child" has not been fully implemented by the State party or reflected in legislation, policy, programmes or activities;

(b) As indicated by the State party in its replies to the list of issues, the principle of the best interests of the child is not reflected at all in customary law.

The Committee recommends that the State party:

(a) Urgently implement the principle of the best interests of the child in all of its activities relating to children and the implementation of the Convention, including legislation, policy, programmes and activities;

(b) Ask for international assistance to undertake a study on the best interest principle and its implementation, in order to ensure the wide application of this principle by the Government and throughout society.

Respect for the views of the child

Noting the establishment of the Children's Parliament and the Children's Fortnight, the Committee remains concerned that, as noted in the State party's report (para. 155), children's opinions are not given sufficient consideration in Guinean society.

The Committee recommends that the State party ensure that children's views are given due consideration, in accordance with article 12 of the Convention, in the family, in schools and in all relevant administrative and other processes concerning them through, inter alia, the adoption of appropriate legislation, the training of professionals and the establishment of specific activities in schools.

4. Civil rights and freedoms

Name and nationality

Noting the significant efforts by the State party to improve birth registration, the Committee remains concerned that not all children are registered at birth and that the imposition of a financial fine upon parents who register the birth of their child after the expiry of the official deadline is a hindrance to birth registration.

The Committee recommends that the State party:

(a) Review its birth registration procedures, consider the abolition of sanctions for late registration and continue to use creative means of increasing birth registration (such as the use of mobile registration units in rural areas and sensitization campaigns), with a view to ensuring the systematic registration of all births;

(b) Seek technical assistance from UNICEF.

5. Family environment and alternative care

Ill-treatment and abuse

The Committee is concerned that:

(a) Sexual abuse of children within the family, including the extended family is a regular occurrence;

(b) Corporal punishment is widely practised in the family;

(c) Domestic violence, particularly against women, is widespread and frequently used as a way to resolve family conflicts, and that this violence, even when not directly inflicted upon children, has a very negative impact on their development.

The Committee recommends that the State party:

(a) Undertake a study on the extent of abuse and ill-treatment of children in the family;

(b) Take steps to end the sexual abuse of children, including through improving the access of children and adults to reporting mechanisms, and increasing the investigation of cases and the prosecution of the persons responsible;

(c) Combat the practice of corporal punishment of children in the family, including through the use of information campaigns on the harm it can cause and on the importance of alternative measures of discipline;

(d) Take all appropriate measures to address and prevent domestic violence, whether physical or mental, within the family and to ensure the full protection of children against this type of violence;

(e) Raise awareness among the public of the problem of domestic violence, with a view to changing traditions that inhibit victims, particularly women and girls, from reporting it;

(f) Investigate cases of domestic violence and sexual abuse, through a child‑sensitive judicial procedure, and that sanctions be applied to perpetrators with due regard given to guaranteeing the right to privacy of the child;

(g) In the light of articles 19 and 39 of the Convention, implement measures for reporting, referral and intervention and for the rehabilitation of victims, with a view to ensuring the recovery and reintegration of victims;

(h) Take note of the recommendations of the Committee's days of general discussion on violence against children.

Separation from parents and alternative care

The Committee is concerned that:

(a) As noted in the State party's report, there are insufficient administrative and judicial mechanisms through which children's rights can be protected when they are separated from their parents;

(b) Alternative care for these children is insufficient;

The Committee recommends that the State party:

(a) Strengthen the existing child protection structure or, if necessary, establish new structures through which the rights of the child are well protected;

(b) Establish or strengthen alternative care services (such as kinship, foster care and family type homes), avoiding institutional care as far as possible, and ensure that informal adoption procedures respect and contribute to the protection of the principles and provisions of the Convention;

(c) Provide child protection workers (professionals and volunteers) with training (including on the Convention) and sufficient financial resources to fulfil their role;

(d) Seek assistance through international cooperation, including from UNICEF.

6. Basic health and welfare

The Committee is deeply concerned at:

(a) The limited access to, capacity and quality of health-care services, including in terms of distance between people's homes and health facilities, cost and the insufficient number of hospital beds and the limited availability of affordable and appropriate medication;

(b) The high rates of infant and maternal mortality, malnutrition inadequate immunization and high mortality from malaria;

(c) The limited proportion of the population with access to safe water and adequate sanitation, including in schools, and related cholera and meningitis epidemics;

(d) Low levels of health education within communities.

The Committee recommends that the State party:

(a) Significantly increase its expenditure on health;

(b) Significantly improve children's access to health services and to medication including by strengthening the quality and capacity of the health infrastructure, providing financial assistance or free medical care to children in need of such support and their families and addressing the access concerns of those children living in isolated rural communities;

(c) Take action to address specific concerns, including infant and maternal mortality, malnutrition, inadequate immunization, malaria rates and cholera and meningitis epidemics;

(d) Take action to ensure that all children have access to drinking water and adequate sanitation, including in schools, and to ensure adequate waste disposal arrangements;

(e) Seek assistance through international cooperation in this regard.

Children with disabilities

While noting that a major effort has been made to address the situation of children with disabilities since 1986 (see report, para. 189), the Committee remains concerned that:

(a) The rights of children with disabilities are very poorly respected (see report, para. 187), societal discrimination is prevalent against children with disabilities, including children with Down's syndrome, and there are cases of the killing of newborn children who have physical disabilities;

(b) As indicated in the State party's report, the law does not prohibit discrimination against the disabled specifically, there is no law mandating accessibility for persons with disabilities and existing legislation with regard to children with disabilities is not implemented;

(c) There is a lack of health, educational or professional training facilities for children with disabilities (see report, para. 147) and, in particular, children with disabilities have very limited access to formal education;

(d) Children with disabilities often have serious difficulty in gaining access to public buildings, including hospitals and schools.

The Committee recommends that the State party, in the spirit of the United Nations Guidelines on Disabilities and the results of the Committee's day of general discussion on the rights of children with disabilities:

(a) Develop or amend legislation to ensure that discrimination on the grounds of disability is prohibited and that children with disabilities have access to public transportation and public buildings, including all schools and hospitals;

(b) Ensure the implementation of all legislative measures of protection for children with disabilities, in particular with regard to non-discrimination, giving attention to practices such as the killing of newborn children with disabilities;

(c) Significantly strengthen its assistance to children with disabilities and ensure, inter alia, that they have access to health, educational and professional facilities;

(d) Review the recommendations made at the First National Conference on Disabled People (see report, para. 190) and implement those recommendations which remain valid;

(e) Revive services established to assist persons with disabilities in the past, but which are no longer functioning, or functioning only in part (see report, paras. 195-198);

(f) Seek international cooperation in this regard.

Adolescent health

The Committee is concerned that insufficient attention is given to the prevention of adolescent health concerns.

The Committee recommends that the State party strengthen its efforts to address adolescent health concerns, with a particular focus on prevention and the provision of adequate reproductive health education.

HIV/AIDS

The Committee is deeply concerned at the negative impact of the growing rate of HIV/AIDS infection on the cultural, economic, political, social and civil rights and freedoms of children infected with or affected by HIV/AIDS, including the Convention's general principles, with particular reference to the rights to non-discrimination, to health care, education, food and housing, as well as to information and freedom of expression.

The Committee recommends that the State party:

(a) Integrate respect for the rights of the child into the development and implementation of its HIV/AIDS policies and strategies on behalf of children infected with and affected by HIV/AIDS, as well as their families, including by making use of the Guidelines on HIV/AIDS and Human Rights (E/CN.4/1997/37, annex I) and with particular reference to children's rights to non-discrimination, health, education, food and housing, as well as to information and freedom of expression;

(b) Make every effort to provide for the treatment of children and their parents infected by HIV/AIDS;

(c) Strengthen programmes to prevent the transmission of HIV/AIDS and to ensure protection of the rights of AIDS orphans;

(d) Take note of the results of the Committee's day of general discussion on children living in a world with AIDS (5th October 1998);

(e) Seek international cooperation in this regard.

Harmful traditional practices

Noting the work undertaken to address female genital mutilation and other harmful practices, including through international cooperation, the Committee remains deeply concerned that:

(a) As indicated in the State party's report, the early marriage of girls - often around the age of 13 or 14 - is common (see report, para. 33) and can lead to poor health for girls;

(b) Female genital mutilation is practised widely within certain ethnic groups, especially the Fulas and the Mandinkas;

(c) As indicated in the State party's report (para. 202), traditional food taboos are common and thought to be one cause of malnutrition among children and mothers.

The Committee recommends that the State party:

(a) Make every effort to combat practices involving the early marriage of girls, including through the involvement of community leaders and the use of education campaigns;

(b) Continue and strengthen its efforts to end practices of female genital mutilation, for example through legislative prohibition, through the implementation and enforcement of legislation and through public awareness campaigns;

(d) Strengthening and further supporting the work of the Committee against harmful practices;

(e) Seek cooperation with countries in the region that have positive experience of combating these harmful practices.

7. Education, leisure and cultural activities

Despite increases in school enrolment over the past decade, the Committee remains concerned that:

(a) Literacy rates and primary and secondary school enrolment rates among children are extremely low;

(b) There are major differences in the access of children to education across the country;

(d) Primary education, where available, is of a low quality and many schools offer only the 1st and 2nd grades and few offer more than four years of education;

(e) Schools lack adequate books and materials;

(f) Only 1 per cent of children have access to nurseries, kindergartens or similar institutions (see report, para. 217);

(g) Many teachers have not received any formal training;

(h) The number and quality of special education institutions are extremely limited;

(i) Ninety per cent of education costs are supported by external assistance (see report, para. 216).

The Committee recommends that the State party:

(a) Raise the State party's contribution to the education budget to the maximum of available resources, while also continuing to seek support through international cooperation;

(b) Strengthen education infrastructure, including with regard to administration, management, educational planning, the quality of education in general, the training of teachers and other staff, the construction of additional schools and classrooms, and the provision and quality of textbooks and other school materials and equipment;

(c) Consider strengthening the quality of primary and secondary school curricula, taking into consideration the Committee's General Comment on article 29.1 of the Convention and the aims of education (CRC/GC/2001/1);

(d) Urgently take action to increase the proportion of children enrolling in primary school and completing compulsory education;

(e) Urgently give special attention to raising the proportion of girls completing their primary and secondary education, including through affirmative action and similar special measures, and by ensuring that girls have the same opportunities as boys to attend formal education, that the education of girls is seen by parents, families and communities, as being of equal importance to that of boys and that education is seen as the right of all children;

(f) Make every effort to ensure that compulsory education is free for all children, including with regard to textbooks and uniforms for disadvantaged children and families;

(g) Increase the number, capacity and quality of special education institutions;

(h) Seek technical assistance from UNICEF and UNESCO in this regard.

Leisure

The Committee is concerned that children living in urban centres have very few areas, such as parks, in which they can play safely and that the State party itself notes in its report the absence of parks in the country (para. 230).

The Committee recommends that the State party:

(a) Ensure the existence of areas, such as parks, within urban centres, which may be used by children for leisure activities;

(b) Consider the adoption of legislation or administrative rules, and the allocation of an appropriate budget, to ensure that leisure areas for children are maintained as a priority in urban planning decisions.

8. Special protection measures

Children in armed conflict

The Committee is concerned that:

(a) Children were involved in the recent internal armed conflict, inter alia, as combatants, and that many children may have suffered from psychological trauma as a result;

(b) Child soldiers may not have received support towards demobilization and family and social reintegration;

The Committee recommends that the State party:

(a) Ensure the demobilization of all under-age soldiers, providing such children with assistance to this end and in family and social reintegration;

(b) Take steps to assess and respond to the needs of child soldiers in terms of psychological assistance;

(d) Seek international assistance in the form of technical support, including from UNICEF, in this regard.

Commercial exploitation

While noting the efforts under way to address this concern, the Committee is concerned that, as noted by the State party in its report, the economic exploitation of children is extremely serious and growing worse (paras. 250-253) and that, in particular (para. 142), the numbers of children working in the non-formal sector are increasing and that children are often compelled to perform the same work as adults, in highly difficult and dangerous conditions.

The Committee recommends that the State party make every effort to:

(a) Combat the economic exploitation of children through labour, with particular regard to the informal work sector;

(b) Ensure respect for the minimum age of employment, in accordance with international standards;

(c) Ensure that working children above the age of 14 benefit from adequate and full protection, including with regard to conditions of work and pay;

(d) Make every effort to ensure that children who work continue to have access to education;

(e) Ratify and implement ILO Conventions 138 concerning the Minimum Age for Admission to Employment and 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour.

Street children

The Committee is concerned at the number and situation of street children in urban regions of the country.

The Committee recommends that the State party make every effort to provide assistance to these children and to address the causes leading children to live on the streets.

Sexual exploitation, trafficking

The Committee is concerned at the lack of information regarding the activities of the very high proportion of children who do not go to school. There are indicators that these children may, in urban areas, be involved in prostitution or may spend much time on the street, where they are vulnerable to many kinds of exploitation (for example, drug-trafficking, sexual exploitation, drug abuse).

The Committee recommends that the State party:

(a) Undertake a study to assess the situation of children not attending school and to implement, based on the results of the study, all appropriate measures to protect effectively children from all forms of exploitation, including through prevention and the rehabilitation and recovery of child victims;

(b) Prepare a plan of action to address the sexual exploitation of children, taking note of the recommendations made in the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children;

Substance abuse

While noting the State party's efforts in this regard, the Committee is concerned that, as indicated in the State party's report, substance abuse by children is a major concern.

The Committee recommends that the State party take action to combat substance abuse by children, including through public education campaigns, and seek regional cooperation in this regard.

Administration of justice

The Committee is concerned that, as noted by the State party in its report:

(a) With regard to "the judicial level of services" legislation is insufficient and ineffective, and that the judicial system lacks courts and trained staff to deal with juveniles in conflict with the law (para. 106);

(b) There are no institutions for the prevention of crime among minors and for their rehabilitation (para. 241);

(c) Minors are sometimes held with other persons (for example, adults or convicted persons) from whom they should normally be separated;

(d) The rights of children are not fully respected in instances where customary law is applied.

The Committee recommends that the State party:

(a) Amend and/or adopt and implement legislation providing for the full application of the juvenile justice infrastructure and system, in accordance with the provisions of the Convention and other international standards;

(b) In this regard, develop mechanisms and provide adequate resources, including with regard to the establishment of juvenile justice courts, to ensure the full implementation of juvenile justice standards, and in particular, articles 37, 40 and 39 of the Convention, as well the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines);

(c) Ensure that detention or imprisonment of children is used only as a measure of last resort and that children are detained or imprisoned separately from adults;

(d) Make efforts to ensure that the practise of traditional law, where it involves children, is in full accordance with the rights afforded to children under the Convention;

(e) Seek assistance from, inter alia, the Office of the High Commissioner for Human Rights, 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 in Juvenile Justice.

Dissemination of the report

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

Reporting

In the light of the recommendation on reporting periodicity adopted by the Committee and described in its report on its twenty-ninth session (CRC/C/114), the Committee, aware of the considerable delay in the State party's reporting, underlines the importance of reporting practice that is in full compliance with the provisions of article 44 of the Convention. An important aspect of States' responsibilities to children under the Convention includes ensuring that the Committee on the Rights of the Child has regular opportunities to examine progress made in the implementation of the Convention. In this regard, regular and timely reporting by State parties is crucial. The Committee recognizes that some States parties experience difficulties in initiating timely and regular reporting. As an exceptional measure, in order to help the State party catch up with its reporting obligations in full compliance with the Convention, the Committee invites the State party to submit its 2nd, 3rd and 4th reports in one consolidated report by 18 September 2007. The Committee expects the State party to report thereafter every 5 years, as foreseen by the Convention.

Concluding observations: Belgium

At its 782nd and 783rd meetings (see CRC/C/SR.782‑783), held on 23 May 2002, the Committee on the Rights of the Child considered the second periodic report of Belgium (CRC/C/83/Add.2) and adopted, at the 804th meeting, held on 7 June 2002, the following concluding observations.

A. Introduction

The Committee notes with appreciation that the report followed the guidelines for reporting. It notes that the report was timely, comprehensive and self-critical in nature, as were the written replies to its list of issues (CRC/C/Q/BELG/2) and welcomes the additional information provided in annexes. The discussion in the report on the follow-up to the Committee's earlier recommendations was especially appreciated. The Committee also notes with appreciation the presence of a high-level delegation, which contributed to an open dialogue and a better understanding of the implementation of the Convention in Belgium.

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

The Committee welcomes:

The adoption of article 22 bis of the Constitution on the protection of children;

The adoption of new laws by the State party concerning the protection of children, child

labour, guardianship and family mediation;

The numerous initiatives to combat trafficking and child sexual exploitation, among others: the introduction of Joint Actions under the Europol Convention; the establishment of a national commission of experts to study sexual exploitation of children; the establishment of Child Focus, a European centre for missing and exploited children; the adoption of three Acts in 1995 to combat sexual exploitation; and the reform of the Criminal Code;

The ratification of the Optional Protocol to the Convention on the involvement of children in armed conflict; and

The ratification of ILO Convention No. 182 on the Worst Forms of Child Labour.

C. Principal subjects of concern and recommendations

The Committee's previous recommendations

The Committee regrets that some of the concerns it expressed and the recommendations it made (CRC/C/15/Add.38) after its consideration of the State party's initial report (CRC/C/11/Add.4) have been insufficiently addressed, particularly those contained in paragraphs 8, 9, 11 and 13 to 16. Those concerns and recommendations are reiterated in the present document.
The Committee urges the State party to make every effort to address the previous recommendations that have not yet been implemented and the list of concerns contained in the present concluding observations.

1. General measures of implementation

Reservations and declarations

The Committee appreciates the fact that the State party has reviewed its declaration on article 2 and its reservation to article 40.2 (v) of the Convention, pursuant to the previous concluding observations. Nevertheless, it is concerned that the State party does not intend to withdraw them. With respect to article 2, the Committee, noting that the general principle of non-discrimination in the Convention prohibits differences in treatment on grounds that are arbitrary and objectively unjustifiable, including nationality, is concerned that the declaration on article 2 may restrict the enjoyment of non-Belgian children in Belgium of rights contained in the Convention. The Committee emphasizes that the guarantee of non-discrimination in the Convention applies to "each child within [the State party's] jurisdiction". With respect to the reservation to article 40, the Committee is concerned that the possibility of appeal to the Court of Cassation against judgements and measures imposed by the Court of Assizes (sitting here as the court of first and last instance) is strictly limited to points of law and therefore deprives the defendant of a full review of his case by a higher court, which is all the more important in that the Court of Assizes handles the most severe cases and imposes relatively heavy sentences.

The Committee encourages the State party to review its declaration and reservation with a view to withdrawing them in accordance with the Declaration and Programme of Action of the Vienna World Conference on Human Rights (1993).

Legislation

The Committee welcomes the information provided by the State party on draft laws concerning the rights of the child, including with respect to adoption, guardianship for unaccompanied minors, access to courts and guarantees of due process.

The Committee recommends that the State party:

(a) Rigorously review these laws and ensure that they and other laws concerning children, as well as administrative regulations, are rights-based and conform to international human rights standards, including the Convention;

(b) Ensure that adequate provision is made for their effective implementation, including budgetary allocation;

Coordination

The Committee notes the establishment, since the initial report was considered, of the Inter-Ministerial Conference for the Protection of Child Rights and the agreement on the creation of a national commission for the rights of the child. However, the Committee remains concerned: at the absence of a global vision of children's rights and its translation into a national plan of action; that different laws governing different administrative jurisdictions may lead to discrimination in the enjoyment of children's rights across the State party; that the absence of a central mechanism to coordinate the implementation of the Convention in Belgium makes it difficult to achieve a comprehensive and coherent child rights policy.

The Committee recommends that the State party:

(a) Expedite the formal approval and full implementation of the above‑mentioned agreement in order to establish a national commission for the rights of the child and provide it with adequate human and financial services;

(b) Assign coordination of the implementation of the Convention to a highly visible and easily identifiable permanent body with an adequate mandate and adequate resources;

(c) Prepare and implement a comprehensive national plan of action for the implementation of the Convention, paying special attention to children belonging to the most vulnerable groups (e.g. poor households, asylum-seekers), through an open, consultative and participatory process;

(d) Continue and expand the use of child impact assessments in the formulation of budgets and policies.

Monitoring structures

The Committee notes the establishment, since the initial report was considered of the Children's Rights Commissioner for the Flemish Community. The Committee acknowledges the activities of the Délégué Général aux Droits des Enfants in the French Community and of the Centre for Equal Opportunities and Opposition to Racism. However, the Committee is concerned that there is no independent mechanism to monitor the implementation of the Convention and empowered to receive and address complaints of children in the German‑speaking Community, nor at the federal level.

The Committee recommends that the State party:

(a) Establish independent human rights institutions in the German-speaking Community and at the federal level, in accordance with the Paris Principles (General Assembly resolution 48/134), to monitor and evaluate progress in the implementation of the Convention. They should be accessible to children and empowered to receive and investigate complaints of violations of child rights in a child-sensitive manner and to address them effectively;

(b) Ensure that all the human rights institutions have formal advisory functions with the respective legislative bodies and that they establish formal links with each other.

Data collection

The Committee welcomes the statistical annexes provided with the list of issues; notes measures under way to improve data collection in offices processing asylum claims; and welcomes the information that a working group on statistics will be set up within a national study forum on juvenile delinquency. Nevertheless, with reference to its previous concluding observations, the Committee is still concerned at the absence of a nationwide mechanism to collect and analyse data on the areas covered by the Convention.

The Committee recommends that the State party establish a nationwide system such that disaggregated data are collected on all persons under 18 years for all areas covered by the Convention, including the most vulnerable groups (e.g. non-nationals, children with disabilities, children of economically disadvantaged households, children in conflict with the law, etc.), and that these data are used to assess progress and design policies to implement the Convention.

Training/dissemination of the Convention

The Committee welcomes the information that the State party has made available compilations of the initial report, the summary records of the meetings at which it was discussed, and the Committee's concluding observations. It also welcomes the information concerning special publications for disabled children. However, the Committee is concerned that the State party is not undertaking adequate dissemination, awareness-raising and training activities concerning the Convention in a systematic and targeted manner.

The Committee recommends that the State party:

(a) Strengthen and make ongoing its programme for the dissemination of information on the Convention and its implementation among children and parents, civil society and all sectors and levels of government, including initiatives to reach vulnerable groups, such as new immigrants;

(b) Develop systematic and ongoing training programmes on human rights, including children's rights, for all professional groups working for and with children (e.g. judges, lawyers, law enforcement officials, civil servants, local government officials, personnel working in institutions and places of detention for children, teachers and health personnel).

2. General principles

The right to non-discrimination

The Committee welcomes the Decree of March 2000 expanding the mandate of the Centre for Equal Opportunities and Opposition to Racism to include all forms of discrimination, including grounds of gender, sexual orientation, birth, civil status, ill health, age and disability. The Committee is concerned at racist incidents against minorities; the disparities in the enjoyment of economic and social rights, particularly health and education, experienced by poor children, non‑Belgian children, including unaccompanied minors, and disabled children.

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

(a) Take all appropriate measures, such as comprehensive public education campaigns, to prevent and combat negative societal attitudes, and implement the recommendations of the Committee on the Elimination of Racial Discrimination (March 2002);

(b) Take all necessary measures to ensure that all children within its jurisdiction enjoy all the rights set out in the Convention without discrimination;

(d) Review existing policies and practice in relation to children with disabilities, including draft legislation, with due regard to the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and to the Committee's recommendations adopted at its day of general discussion on children with disabilities (see CRC/C/69).

The Committee requests that specific information be included in the next periodic report on measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party in follow‑up to the Declaration and Programme of Action adopted by the 2001 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 (aims of education).

Respect for the views of the child

The Committee welcomes the information that several structures have been set up with the support of the State party through which children can make their views known. These include conferences, courses on children's rights, councils in schools and communities, and the "What do you think?" project. However, the Committee is concerned that children are not adequately informed on how they can have input into policies that affect them, nor how their views will be taken into consideration once they have been solicited; and that sufficient attention has not been accorded to the participation of primary and secondary students in school governance, including in areas such as school regulations and management of discipline. With respect to court or administrative proceedings affecting the child, the Committee is concerned that the right to be heard is largely discretionary under article 931 of the Judicial Code, and is not adequately guaranteed to the child. The Committee welcomes the information concerning a draft law in this regard.

The Committee recommends that the State party, in accordance with article 12, take further steps to promote and facilitate meaningful participation of children in society, including in schools. Moreover, it recommends that legislation governing procedure in courts and administrative proceedings ensure that a child capable of forming his/her own views has the right to express those views and that they are given due weight.

3. Civil rights and freedoms

Violence/abuse/neglect/maltreatment

The Committee notes with satisfaction the numerous initiatives taken in the area of child abuse, including sexual abuse, such as the Law on the Criminal Protection of Minors (of 28 November 2000), amendments to the Criminal Code and the adoption of article 22 bis of the Constitution concerning the protection of the child's moral, physical and sexual integrity. But it remains concerned that corporal punishment is not expressly prohibited by law.

The Committee recommends that the State party:

(a) Take legislative measures to prohibit corporal punishment of children in the family, in schools and in institutions;

(b) Continue to carry out public education campaigns about the negative consequences of corporal punishment and promote positive, non-violent forms of discipline;

(c) Establish effective procedures and mechanisms to receive, monitor and investigate complaints, and to intervene where necessary;

(d) Prosecute in cases of ill‑treatment, ensuring that the abused child is not victimized in legal proceedings and his/her privacy is protected;

(e) Provide for the care, recovery and reintegration for victims;

(f) Strengthen the reporting system, through full support of the confidential centres for abused children, and train teachers, law enforcement officials, care workers, judges and health professionals in the identification, reporting and management of cases of ill‑treatment.

Human rights education

The Committee is concerned that the aims of education outlined in article 29 of the Convention, including the development and respect of human rights, tolerance and equality of the sexes and religious and ethnic minorities is not explicitly part of the curricula throughout the State party.

TheCommittee recommends that the State party, taking into account the Committee's General Comment No. 1 on the aims of education, include human rights education, including children's rights, in the curricula of all primary and secondary schools, particularly with respect to the development and respect of human rights, tolerance and equality of the sexes and religious and ethnic minorities.

4. Special measures of protection

Unaccompanied minors

The Committee welcomes the creation of a special bureau for unaccompanied minors in the Aliens Office for handling their requests to stay. It also notes a number of other activities, among others: concerning the establishment of special reception centres for unaccompanied minors; a draft law on the creation of a guardianship service, access to education and missing persons, which contains provisions on unaccompanied minors. But there are not yet, as the Government acknowledges, specific regulations for unaccompanied minors, whether seeking asylum or not.

In accordance with the principles and provisions of the Convention, especially articles 2, 3 and 22, and with respect to unaccompanied persons under 18 years of age, the Committee recommends that the State party:

(a) Expedite efforts to establish special reception centres for unaccompanied minors, with special attention to those who are victims of trafficking and/or sexual exploitation;

(b) Ensure that the stay in those centres is for the shortest time possible and that access to education and health is guaranteed during and after the stay in the reception centres;

(c) Approve as soon as possible the draft law on the creation of a guardianship service, in order to ensure the appointment of a guardian for an unaccompanied minor from the beginning of the asylum process and thereafter as long as necessary, and make sure that this service is fully independent, allowing it to take any action it considers to be in the best interests of this minor;

(d) Ensure unaccompanied minors are informed of their rights and have access to legal representation in the asylum process;

(e) Improve cooperation and exchange of information among all the actors involved, including the Aliens Office and other relevant authorities, police services, tribunals, reception centres and NGOs;

(f) Ensure that, if family reunification is carried out, it is done in the best interests of the child;

(g) Expand and improve follow-up of returned unaccompanied minors.

Sexual exploitation and trafficking

The Committee reiterates its satisfaction with the numerous measures taken by the State party to combat the sexual exploitation and trafficking of children. It is nevertheless concerned that trafficking for the purposes of sexual or other exploitation is still a problem.

The Committee recommends that the State party:

(a) Fully implement the recommendations of the national commission of experts;

(b) Continue to implement policies and programmes in accordance with the Declaration and Agenda for Action, and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children;

(c) Continue to recruit female police officers to improve communication and contacts with foreign girls and women working in prostitution;

(d) Ensure that adequate resources (human and financial) are allocated to policies and programmes in this area;

(e) Continue to undertake awareness-raising campaigns in countries of origin;

(f) Expand cooperation with countries of origin and transit;

(g) Continue to cooperate with the International Organization for Migration.

Administration of juvenile justice

The Committee welcomes the information received since the initial report was considered that the death penalty was abolished in 1996; that article 53 of the 1965 Young Person's Protection Act, which provided for pre-trial detention for up to 15 days, was repealed; and that a national study forum on juvenile justice, including a workshop on statistics, has been set up. However, it is concerned that the interim law of 1 March 2002 (which expires on 31 October 2002) on the temporary detention of juvenile delinquents and the creation of the Everberg Centre effectively replaced article 53 of the 1965 Act with a similar, if not more restrictive, regime. Moreover, the Committee remains concerned that under article 38 of

the 1965 Act, persons under the age of 18 may be tried as adults. Overall, the Committee is concerned that the holistic approach to addressing the problem of juvenile crime advocated in the Convention, including with respect to prevention, procedures and sanctions, has not been sufficiently taken into consideration by the State party.

The Committee recommends that the State party:

(a) Establish a system of juvenile justice that fully integrates into its legislation and practice the provisions of the Convention, in particular articles 37, 39 and 40, as well as other relevant international standards in this area, such as the Beijing Rules, the Riyadh Guidelines, the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, and the Guidelines for Action on Children in the Criminal Justice System;

(b) Ensure that persons under 18 are not tried as adults;

(c) With respect to the law of March 2002, and its review in October 2002, ensure, in accordance with article 37 of the Convention, that the deprivation of liberty is only used as a measure of last resort, for the shortest possible time, that guarantees of due process are fully respected and that persons under 18 are not detained with adults.

5. Optional protocols

The Committee encourages the State party to ratify the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

6. Dissemination of the reports

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

Concluding observations: Niger

The Committee considered the initial report of Niger (CRC/C/3/Add.29/Rev.1) at its 784th and 785th meetings (see CRC/C/SR.784-785), held on 24 May 2002 and adopted, at the 804th meeting, held on j June 2002, the following concluding observations.

A. Introduction

The Committee welcomes the submission of the State party's initial report, which followed the established guidelines, and also takes note of the timely submission of the written replies to its list of issues (CRC/C/Q/NIG/1), which allowed for a clearer understanding of the situation of children in the State party. The Committee also notes the frank and constructive dialogue it had with the delegation of the State party. The Committee acknowledges that the presence of a delegation directly involved in the implementation of the Convention allowed for a fuller assessment of the rights of children in the State party.