Distr.

GENERAL

CRC/C/20

25 October 1993

Original: ENGLISH/FRENCH

Report adopted by the Committee at its 104th meeting, on 8 October 1993

COMMITTEE ON THE RIGHTS OF THE CHILD

Report on the fourth session

(20 September-8 October 1993)

CONTENTS

ChapterParagraphsPage

I.CONCLUSIONS AND RECOMMENDATIONS ADOPTED BY

THE COMMITTEE ON THE RIGHTS OF THE CHILD 4

II.ORGANIZATIONAL AND OTHER MATTERS 1 - 18 7

A.States parties to the Convention 1 - 2 7

B.Opening and duration of the session 3 7

C.Membership and attendance 4 - 9 8

D.Solemn declaration 10 9

E.Election of officers 11 9

F.Agenda 12 9

G.Pre-sessional working group 13 - 1510

H.Organization of work 1610

I.Future regular meetings 1710

J.Future day of general discussion 1811

GE.93-19038 (E)

CONTENTS (continued)

ChapterParagraphsPage

III.REPORTS BY STATES PARTIES UNDER ARTICLE 44 OF

THE CONVENTION 19 - 14211

A.Submission of reports 19 - 3011

B.Consideration of reports 31 - 14213

1.Preliminary observations: Indonesia 36 - 5413

2.Concluding observations: Peru 55 - 7516

3.Concluding observations: El Salvador 76 - 9419

4.Concluding observations: Sudan 95 - 12122

5.Concluding observations: Costa Rica122 - 13725

6.Preliminary observations: Rwanda138 - 14227

IV.OVERVIEW OF THE OTHER ACTIVITIES OF THE

COMMITTEE143 - 19628

A.Informal meeting143 - 14928

B.Review of developments relevant to the work

of the Committee150 - 15130

C.Question of reservations to the Convention152 - 15430

D.Urgent action155 - 15731

E.Cooperation with United Nations bodies158 - 16931

F.Cooperation with other competent bodies170 - 17632

G.System of documentation and information177 - 18033

H.Public information activities181 - 18534

I.General discussion on the economic

exploitation of children186 - 19635

V.DRAFT PROVISIONAL AGENDA FOR THE FIFTH SESSION 19737

VI.ADOPTION OF THE REPORT 19837

CONTENTS (continued)

Page

Annexes

I.States which have ratified or acceded to the

Convention on the Rights of the Child as at

8 October 1993 (149)38

II.Membership of the Committee on the Rights of

the Child43

III.Status of submission of reports by States parties

under article 44 of the Convention on the Rights

of the Child44

IV.Message of the Committee on the Rights of the

Child for International Day for the Eradication

of Poverty, 17 October49

V.Opening statements on the day of general

discussion on the economic exploitation

of children50

VI.Statement on the economic exploitation of children57

VII.List of documents issued for the fourth session59

I. CONCLUSIONS AND RECOMMENDATIONS ADOPTED BY

THE COMMITTEE ON THE RIGHTS OF THE CHILD

1. Organization of work - sessions of the Committee

and of its subsidiary bodies

The Committee on the Rights of the Child,

Recalling the rapid entry into force of the Convention on the Rights of the Child and the historical number of States parties, which demonstrate a widespread commitment to the promotion and protection of the rights of the child,

Aware of the high expectations for effectiveness in the functioning of the Committee, which constitutes an essential mechanism for the implementation of the provisions of the Convention,

Concerned about the workload of the Committee and the risk of building up an undesirable backlog in the consideration of such reports,

Noting the concern expressed by the Commission on Human Rights at the increasingly heavy workload of the Committee and the resulting difficulties faced by it in the fulfilment of its functions,

Recalling the recommendation made by the World Conference on Human Rights that the Committee, with the assistance of the Centre for Human Rights, be enabled expeditiously and effectively to meet its mandate, especially in view of the unprecedented extent of ratification and subsequent submission of country reports,

Recognizing the need to adopt urgent and adequate solutions to deal with this situation in order not to dash the expectations the Convention has created,

1. Decides, in accordance with rule 3 of its provisional rules of procedure, to convene a special session of the Committee in 1994;

2. Also decides that the special session should be preceded by a meeting of its established working group to conduct a preliminary review of reports submitted under article 44 of the Convention and to consider questions relating to technical assistance and international cooperation pursuant to article 45 of the Convention;

3. Further decides to fix the dates of the special session and the pre-sessional working group in consultation with the Secretary-General, taking into account the calendar of conferences as approved by the General Assembly.

2. Strengthening the support to the Committee

The Committee on the Rights of the Child,

Having considered its workload in view of the unprecedented number of States parties reports expected to be submitted under article 44 of the Convention on the Rights of the Child,

Having reviewed its general working conditions, and recalling the importance of dealing with States parties reports without delay in order not to dash the expectations created around the rights of the child,

Recognizing the importance of paying due attention to the field of technical assistance and international cooperation pursuant to article 45 of the Convention,

Encouraged by the recommendation of the World Conference on Human Rights that the Committee, with the assistance of the Centre for Human Rights, be enabled expeditiously and effectively to meet its mandate,

Convinced of the need to adopt urgent measures for the servicing of the Committee,

Requests the Secretary-General to strengthen the support to the Committee and to provide it with a minimum of two additional professional and one additional General Services posts.

3. Organization of informal regional meetings

The Committee on the Rights of the Child,

Reaffirming that informal regional meetings can play an important role in promoting greater awareness of the Convention on the Rights of the Child and of the work of the Committee, as well as in enabling the members of the Committee to acquire a deeper knowledge and better understanding of the realities in a given region,

Convinced of the relevance of these meetings in meaningfully enhancing international cooperation and the joint efforts of the different United Nations bodies, specialized agencies and other competent bodies active in the field of the rights of the child,

Stressing the importance of the participation in such meetings of non-governmental organizations active in the field of the rights of the child,

Welcoming the decision of the United Nations Children's Fund to facilitate the meetings held at Quito in 1992 and Bangkok in 1993, in close cooperation with other United Nations bodies, and the efforts made to ensure their success,

1. Emphasizes the decisive role of informal regional meetings in contributing to a wider promotion of the rights of the child;

2.Recognizes the importance of such meetings for achieving universal ratification of the Convention on the Rights of the Child, as well as its effective implementation, as recommended by the World Conference on Human Rights,

3.Welcomes the possibility of holding other informal regional meetings, whenever possible on an annual basis.

4. Cooperation with other United Nations bodies and treaty bodies

The Committee on the Rights of the Child,

Reaffirming the importance of ensuring effective interaction and cooperation with United Nations bodies acting in the field of the rights of the child,

Recognizing the need to maintain effective dialogue and communication with other human rights bodies on common issues and problems,

Recalling the recommendation of the World Conference on Human Rights that matters relating to human rights and the situation of children be regularly reviewed and monitored by all relevant organs and mechanisms of the United Nations system,

1.Reaffirms the need for providing the Committee with adequate resources to enable it to develop effective communication and dialogue with other human rights bodies and to participate in United Nations meetings relevant to its work;

2.Requests the secretariat to transmit its reports to the special rapporteurs and working groups established by the Commission on Human Rights and the Sub-Commission on Prevention of Discrimination and Protection of Minorities;

3.Invites such special rapporteurs and working groups to take the Convention on the Rights of the Child into consideration within the framework of their respective mandates;

4.Requests the secretariat to transmit the reports of the Committee to United Nations bodies whose activities are relevant to the implementation of the Convention on the Rights of the Child, including the international financial institutions;

5.Decides to follow closely the developments related to the International Year of the Family, the International Conference on Population Development and the World Summit for Social Development,

6.Recognizes the importance of being associated with the preparatory process for the World Conference on Women, to take place in Beijing in 1995, and in this framework decides to devote one of its future meetings to the consideration of its contribution to this event.

5. Children in armed conflicts

The Committee on the Rights of the Child,

Recalling its general discussion on the topic "Children in armed conflicts" and the recommendations adopted thereon,

Having considered the serious attention paid by the Commission on Human Rights to this question and the important resolutions adopted by the Commission in this field,

Encouraged by the support expressed by the World Conference on Human Rights to the Committee's proposal that the Secretary-General initiate a study of means of improving the protection of children in armed conflicts,

Taking note of the request addressed to it by the World Conference on Human Rights to study the question of raising the minimum age of recruitment into armed forces,

Requests the Secretary-General to transmit to the Commission on Human Rights at its fiftieth session the preliminary draft optional protocol the Committee had prepared on this issue at its third session (CRC/C/16, annex VII).

II. ORGANIZATIONAL AND OTHER MATTERS

A. States parties to the Convention

1.As at 8 October 1993, the closing date of the fourth session of the Committee on the Rights of the Child, there were 149 States parties to the Convention on the Rights of the Child. The Convention was adopted by the General Assembly in resolution 44/25 of 20 November 1989 and opened for signature and ratification or accession in New York on 26 January 1990. It entered into force on 2 September 1990, in accordance with the provisions of its article 49. A list of States that have signed, ratified or acceded to the Convention is contained in annex I to the present report.

2.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.2.

B. Opening and duration of the session

3.The Committee on the Rights of the Child held its fourth session at the United Nations Office at Geneva from 20 September to 8 October 1993. The Committee held 30 meetings (75th-104th). An account of the Committee's deliberations at its fourth session is contained in the relevant summary records (CRC/C/SR.75-104).

C. Membership and attendance

4.All members attended the fourth session. A list of the members of the Committee, together with an indication of the duration of their terms of office, appears in annex II to the present report.

5.The following United Nations bodies were also represented at the session: United Nations Children's Fund, United Nations Development Programme, Office of the United Nations High Commissioner for Refugees.

6.The following specialized agencies were also represented at the session: International Labour Organisation, Food and Agriculture Organization of the United Nations, United Nations Educational, Scientific and Cultural Organization, World Health Organization, International Monetary Fund.

7.In addition, The Hague Conference on Private International Law was represented at the session.

8.The Special Rapporteur on the sale of children, of the Commission on Human Rights and a member of the Board of Trustees of the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery also attended the session.

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

Category I

International Confederation of Free Trade Unions, International Movement ATD Fourth World, Soroptimist International, Zonta International.

Category II

Amnesty International, Anti-Slavery International, Defence for Children International, Friends World Committee for Consultation (Quakers), International Abolitionist Federation, International Association of Penal Law, International Catholic Child Bureau, International Federation of Social Workers, International Federation of Women in Legal Careers, International Federation Terre des Hommes, International Service for Human Rights, Radda Barnen International, World Federation of Methodist Women

Roster

Habitat International Coalition, International Inner Wheel, International Movement of Apostolate of Children, World Organization against Torture

Others

American Bar Association, Child Workers in Nepal, International Institute for Human Rights, Environment and Development, Movement for Child Workers in Latin America, NGO Group for the Convention on the Rights of the Child, One World Productions, Youth for Unity and Voluntary Action

D. Solemn declaration

10.At the 75th meeting, on 20 September 1993, those members of the Committee who were elected or re-elected at the third meeting of States parties made a solemn declaration in accordance with rule 15 of the provisional rules of procedure.

E. Election of officers

11.At its 75th meeting, held on 20 September 1993, the Committee elected the following officers for a term of two years in accordance with rule 16 of its provisional rules of procedure:

Chairperson:Mrs. Hoda Badran

Vice-Chairpersons:Mrs. Akila Belembaogo

Mr. Thomas Hammarberg

Ms. Sandra Prunella Mason

Rapporteur:Mrs. Marta Santos Pais

F. Agenda

12.At its 75th meeting, on 20 September 1993, the Committee adopted the provisional agenda (CRC/C/17). The agenda of the fourth session, as adopted, was as follows:

 1.Opening of the session by the representative of the Secretary-General.

 2.Solemn declaration by the newly elected members of the Committee.

 3.Election of the officers of the Committee.

 4.Adoption of the agenda.

 5.Organizational and other matters.

 6.Review of developments relevant to the work of the Committee.

 7.Submission of reports by States parties in accordance with article 44 of the Convention.

 8.Consideration of reports submitted by States parties under article 44 of the Convention.

 9.World Conference on Human Rights.

10.Question of indicators.

11.General discussion on "Protection of the child against economic exploitation".

12.Methods of work of the Committee.

13.System of documentation and information.

14.Future meetings of the Committee.

15.Other matters.

G. Pre-sessional working group

13.In accordance with the decision of the Committee at its first session, a pre-sessional working group met in Geneva from 28 June to 2 July 1993. The group consisted of four members as follows: Mr. Yuri Kolosov (Chairperson), Miss Sandra Prunella Mason (Vice-Chairperson), Mr. Thomas Hammarberg and Mr. Swithun Tachiona Mombeshora.

14.In the course of its meetings the pre-sessional working group examined preliminary lists of issues put before it by members of the Committee relating to the initial reports of the following six countries: Costa Rica, El Salvador, Indonesia, Mexico, Namibia and Peru. The working group was assisted in its task, in the spirit of article 45 of the Convention, by an informal technical advisory group in which United Nations bodies, specialized agencies and other competent bodies were represented. The draft lists were revised and supplemented on the basis of observations and comments made at the meetings, and the final version of each list was adopted by the group as a whole.

15.The lists of issues thus drawn up were transmitted directly to the Permanent Missions of the States concerned with a note which stated, inter alia, the following:

"The list is not intended to be exhaustive and it should not be interpreted as limiting or in any other way prejudging the type and range of questions which members of the Committee might wish to pose. However, the Working Group believes that the constructive dialogue which the Committee wishes to have with the representatives of the reporting States can be facilitated by making the list available in advance of the Committee's session."

H. Organization of work

16.The Committee considered the organization of work at its 75th meeting, on 20 September 1993. The Committee had before it the draft programme of work for the fourth session, prepared by the Secretary-General in consultation with the Chairperson of the Committee, and the report of the Committee on its third session (CRC/C/16).

I. Future regular meetings

17.The Committee noted that its fifth session would take place from 10 to 28 January 1994 and that its pre-sessional working group would meet from 15 to 19 November 1993.

J. Future day of general discussion

18.The Committee decided to continue to devote a day of its sessions to the consideration of a specific theme. In view of the fact that 1994 will be the International Year of the Family, the Committee recognized the importance of discussing, in this framework, the topic "The rights of the child within the family environment - the role of the family in the promotion of the rights of the child".

III. REPORTS BY STATES PARTIES UNDER ARTICLE 44 OF THE CONVENTION

A. Submission of reports

19.In connection with this item, the Committee had before it the following documents: (i) notes by the Secretary-General on initial reports by States parties due in 1992 (CRC/C/3), 1993 (CRC/C/8/Rev.2) and 1994 (CRC/C/11/Rev.2); (ii) a note by the Secretary-General on the States parties to the Convention and the status of submission of reports (CRC/C/18). The Committee was informed that, in addition to the six reports that were scheduled for consideration by the Committee at its present session (see paras. 32-143 below), the Secretary-General had received the initial reports of Argentina (CRC/C/8/Add.2), Belarus (CRC/C/3/Add.14), Burkina Faso (CRC/C/3/Add.19), Chile (CRC/C/3/Add.18), Colombia (CRC/C/8/Add.3), the Czech Republic (CRC/C/11/Add.1), Denmark (CRC/C/8/Add.8), France (CRC/C/3/Add.15), Honduras (CRC/C/3/Add.17), Jordan (CRC/C/8/Add.4), Madagascar (CRC/C/8/Add.5), Mexico (CRC/C/3/Add.11), Myanmar (CRC/C/8/Add.9), Namibia (CRC/C/3/Add.12), Norway (CRC/C/8/Add.7), Pakistan (CRC/C/3/Add.13), Paraguay (CRC/C/3/Add.22), Philippines (CRC/C/3/Add.23), Romania (CRC/C/3/Add.16) and Spain (CRC/C/8/Add.6).

Submission of initial reports on the implementation of the Convention

20.The Committee had before it a list of States parties with an indication of the status of submission of their reports. This list is reproduced in annex III to the present report.

21.The Committee welcomed the unprecedented number of ratifications and accessions to the Convention on the Rights of the Child, which constituted a meaningful record in the history of the human rights instruments adopted by the United Nations. It emphasized the importance of this wide political commitment to promote and protect the rights of the child, a commitment which the World Conference on Human Rights had recently confirmed.

22.The Committee reaffirmed in this regard the relevance of ensuring an effective implementation of the principles and provisions of the Convention, including of its reporting system. It recalled its firm belief that the process of preparing a report offered an important occasion for conducting a comprehensive review of the various measures undertaken by each State party to harmonize national law and policy with the Convention and to monitor progress made in the enjoyment of the rights recognized therein, while encouraging and facilitating popular participation and public scrutiny of government policies.

23.For this reason, the Committee stressed that the submission of reports should be accomplished in a thorough and timely manner and in accordance with its adopted guidelines. Failure to report as required constituted a violation of an international obligation in accordance with article 44 of the Convention.

24.The Committee decided to send a reminder to all States parties whose reports should have been submitted in 1992. It also decided to remind States parties of the activities developed within the Programme of Advisory Services and Technical Assistance of the Centre for Human Rights and the assistance it could provide in the preparation of reports under human rights treaties.

Follow-up to the submission of States parties reports

25.The Committee recalled the importance attached by the Convention on the Rights of the Child to the reporting system, as a dynamic and continuous process. In fact, the Committee, based on information received pursuant to articles 44 and 45 of the Convention, may make suggestions and recommendations on the implementation of the Convention by the reporting State. (See also rule 71 of the Committee's provisional rules of procedure.)

26.Having this in mind, the Committee established the practice of adopting, following the consideration of each State party report, concluding observations reflecting the main points of the discussion and indicating in the chapter on suggestions and recommendations issues that would require a specific follow-up (see CRC/C/10, para. 41). These concluding observations, made public with the adoption of the Committee's report, are addressed to the State party concerned.

27.In accordance with article 45 (b) of the Convention, the Committee may also address the question of technical advice or assistance in the section on suggestions and recommendations of its concluding observations. And in order to encourage international cooperation, it will transmit, as it considers appropriate, the report of the State party and the Committee's observations to competent United Nations bodies including international financial institutions, specialized agencies, UNICEF and others.

28.In this regard, the Committee recognized the importance of periodically reviewing the implementation by States parties of its suggestions and recommendations, as well as the follow-up given to any programme of technical advice or assistance it might have proposed. To that purpose, the Committee decided: (i) to indicate in the concluding observations, whenever necessary, a time-limit within which relevant information would be required from the State party (rule 71 of its provisional rules of procedure); and (ii) to request the secretariat to include in the note it prepares on the status of submission of reports a reference in all cases where a follow-up was suggested by the Committee.

29.The Committee also recalled in this context article 44, paragraph 6, of the Convention and the commitment thereby undertaken by States parties to make their reports widely available to the public in their own countries. Recognizing the importance of this measure to encourage popular participation

and to achieve a comprehensive national approach to the implementation process of the Convention, as recently emphasized by the World Conference on Human Rights, the Committee decided to encourage States parties to inform it about the steps taken to ensure the widespread dissemination of the results of the dialogue with the Committee.

30.The Committee further recognized that the undertaking of a visit by a treaty body, or by some of its members, to a State party could also perform a very valuable follow-up function. In this framework the Committee recalled the meaningful visit to Viet Nam, organized in the context of the Asian regional informal meeting, some months after the consideration of the Vietnamese initial report.

B. Consideration of reports

31.At its fourth session, the Committee examined initial reports submitted by six States parties under article 44 of the Convention. It devoted 16 of its 30 meetings to the consideration of reports (CRC/C/SR.79-87, 89-93 and 97-98).

32.The following reports, listed in the order in which they had been received by the Secretary-General, were before the Committee at its fourth session: Sudan (CRC/C/3/Add.3 and Add.20), Rwanda (CRC/C/8/Add.1), Peru (CRC/C/3/Add.7), Costa Rica (CRC/C/3/Add.8), El Salvador (CRC/C/3/Add.9), Indonesia (CRC/C/3/Add.10).

33.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 when their reports were examined. All the States parties whose reports were considered by the Committee sent representatives to participate in the examination of their respective reports.

34.The following sections, arranged on a country-by-country basis according to the sequence followed by the Committee in its consideration of the report, contain preliminary or concluding observations reflecting the main points of the discussion and indicating, where necessary, issues that would require a specific follow-up.

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

1. Preliminary observations: Indonesia

36.The Committee began consideration of the initial report of Indonesia (CRC/C/3/Add.10) at its 79th, 80th and 81st meetings (CRC/C/SR.79-81), held on 22 and 23 September 1993. In view of the fact that there was not sufficient time during the session to fully clarify a number of questions both

in written and oral form relating to the implementation of the Convention, the Committee decided to continue its consideration of the report at a future session and adopted* the following preliminary observations:

(a)Introduction

37.The Committee welcomes the State party's commitment to the promotion and protection of the rights of the child as reflected by its early ratification of the Convention and the timely submission of its initial report under article 44 of the Convention. However, the Committee feels that on the basis of the information provided in the initial report and the dialogue ensuing from its consideration existing legislation is not sufficient to ensure the implementation of the Convention.

(b)Positive aspects

38.The Committee notes with satisfaction the importance Indonesia attaches to the Committee's advice and assistance on measures to be taken to improve the implementation of the rights of the child and welcomes the State party's commitment to cooperating with the Committee and other United Nations bodies and agencies with a view to reviewing and developing policies and programmes to enhance the situation of children.

39.The Committee takes note of the willingness expressed by the State party to review its national legislation in the light of its obligations under the Convention and as reflected in the "Beijing consensus" of August 1992. It also welcomes the State party's commitment to review the reservations it has made to the Convention with a view to considering withdrawing them.

40.The Committee also notes the steps taken to give higher priority to children's concerns, especially within the context of development strategies.

(c)Factors and difficulties impeding the implementation of the Convention

41.The Committee takes note of the difficulties impeding the rapid implementation of the Convention in the State party, particularly the existence of 360 ethnic groups, the dispersal of the population throughout the Indonesian archipelago, as well as the economic problems still facing the State party in general and sectors of the Indonesian population, in particular.

(d)Principal subjects of concern

42.The Committee is deeply concerned at the extent of the reservations made to the Convention by the State party. The Committee feels that the broad and imprecise nature of these reservations raises serious concern as to their compatibility with the object and purposes of the Convention.

43.While the Committee takes note of the delegation's statement that the rights of the child as contained in the Convention are not in contradiction

_______________________

 *At the 103rd meeting, held on 8 October 1993.

with the Constitution, it is concerned that national legislation does not appear to ensure that all children, including non-nationals, are protected by the rights guaranteed in the Convention.

44.The Committee is also concerned that the rights contained in article 14 of the Convention are not fully protected, in spite of the fact that they are non-derogable.

45.It is also a concern of the Committee that national legislation with respect to the age at which a child may marry may not be compatible with the non-discrimination provisions of the Convention, as reflected in its article 2.

46.The Committee expresses its concern at the insufficient efforts undertaken to make the principles and provisions of the Convention widely known to children.

47.The Committee is also concerned at the lack of participation of non-governmental organizations, particularly of human rights groups, in the promotion and protection of the rights of the child as well as at the absence of efforts to provide training about the rights of the child to personnel working directly with children.

48.The Committee is concerned that insufficient attention is given to the implementation of the general principles of the Convention, particularly its articles 2, 3 and 12. The Committee wishes to emphasize that the implementation of these principles is not to be made dependent on budgetary resources.

49.The Committee is concerned at the small proportion of the budget devoted to the social sectors, particularly primary health care and primary education. In this connection, the Committee draws the State party's attention to the need to respect the provisions of article 4 of the Convention, which emphasize that economic, social and cultural rights should be implemented to the maximum extent of available resources. The Committee emphasizes that such action is required, regardless of the economic model followed by the State party.

50.The Committee expresses its concern as regards the implementation of article 14 of the Convention, as it relates to freedom of religion. The Committee deems it important to underline the fact that limiting official recognition to certain religions may give rise to practices of discrimination.

51.The Committee regrets that the written information requested on special protection measures was not provided and also expresses its concern at the lack of compatibility of the system of administration of juvenile justice with articles 37, 39 and 40 of the Convention and other United Nations standards relating to juvenile justice.

52.The Committee expresses its concern at the absence of a reply from the Government of Indonesia to its urgent communication of November 1991 relating to excessive use of violence by security forces against demonstrating children in Santa Cruz, Dili. In this regard, the Committee draws the attention of the Government of Indonesia to its request for information about the safeguards established in accordance with the provisions of articles 37 and 40 of the Convention, to ensure that such violations would not occur again. The Committee also requests information on the strategies formulated and facilities provided to rehabilitate the victims of serious human rights violations, in accordance with the provisions of article 39 of the Convention.

53.The Committee is also concerned at the lack of information provided about the situation of child labour and the situation of children who, to survive, are forced to work or live in the street (often known as "street children").

(e)Further action

54.The Committee encourages the Government of Indonesia to undertake a review of the child-related laws so as to ensure their conformity with the provisions of the Convention and, in this regard, draws attention to the activities developed by the Programme of Advisory Services and Technical Assistance of the United Nations Centre for Human Rights. In the foregoing connection, the Committee welcomes the delegation's invitation to members of the Committee to visit the State party. The Committee requests information in writing on the concerns raised during its dialogue with the delegation, as spelled out in paragraphs 7-18 of the present document. The Committee also requests that this written information be forwarded to the secretariat by 31 December 1993 with a view to the Committee formulating its concluding observations on the initial report of Indonesia by September/October 1994.

2. Concluding observations: Peru

55.The Committee considered the initial report of Peru (CRC/C/3/Add.7) at its 82nd, 83rd and 84th meetings (CRC/C/SR.82 to 84), held on 23 and 24 September 1993, and adopted ** the following concluding observations:

(a)Introduction

56.The Committee notes with appreciation the timely submission of the initial report of Peru, which was one of the first States to become a party to the Convention on the Rights of the Child. The Committee regrets, however, that the information provided in the report was in many respects vague and incomplete and did not follow the Committee's guidelines. Furthermore, the lack of information in the report on factors and difficulties impeding the implementation of the various rights recognized by the Convention prevented the Committee from gaining a clear idea of the real situation of children's rights in the country.

57.However, the dialogue with the State party's delegation enabled the Committee to understand better the situation of children in the country. The Committee therefore expresses its appreciation to the State party's delegation for the valuable information supplementing the report.

_______________________

  **At the 103rd meeting, held on 8 October 1993.

(b)Positive aspects

58.The Committee notes with satisfaction the considerable progress achieved during the period under review in bringing domestic law into line with the Convention, through the enactment of new laws and codes and the establishment and strengthening of institutions and processes aimed at promoting and protecting the rights of the child. Among these legislative achievements are the adoption of a Code on Children and Adolescents and the approval of a National Plan of Action for Children. The establishment of the "Defensoría del Niño" and the possibility for individuals to invoke the provisions of the Convention before Peruvian courts are other welcome developments. The Committee also notes with interest the decision taken by the Peruvian Government to establish a National Week for the Rights of the Child as well as National Monitoring Committees on the Rights of the Child. These measures have a positive impact on the promotion of popular participation in the realization of the rights of the child.

(c)Factors and difficulties impeding the implementation of the Convention

59.The Committee notes that political violence and terrorism have had a considerable negative impact on the situation of children in Peru. Many children have been subjected to various forms of violations and have been obliged to flee areas affected by such violence.

60.The Committee further notes that economic factors, including a high level of external debt, have adversely affected the situation of children.

(d)Principal subjects of concern

61.The Committee expresses its deep concern at the continued violence which has already caused thousands of killings, disappearances and displacements of children and parents. It is therefore necessary that the Peruvian Government and Peruvian society adopt an urgent, effective and fair response to protect the rights of the child.

62.The Committee is concerned that, due to the internal violence, several registration centres have been destroyed, adversely affecting the situation of thousands of children who are often left without any identity document, thus running the risk of their being suspected of involvement in terrorist activities.

63.The Committee deplores that, under Decree-Law No. 25564, children between 15 and 18 years of age who are suspected of being involved in terrorist activities do not benefit from safeguards and guarantees afforded by the system of administration of juvenile justice under normal circumstances.

64.The Committee expresses its concern that stringent budgetary measures amounting to decreases in the resources allocated for social expenditures have entailed high social costs and have adversely affected the rights of the child in Peru. Vulnerable groups of children, including children living in areas affected by the internal violence, displaced children, orphans, disabled children, children living in poverty and children living in institutions are particularly disadvantaged in their access to adequate health and educational facilities and are the primary victims of various forms of exploitation, such as child prostitution. Furthermore, the long-term considerations embodied in the structural adjustment policies have not adequately taken into account the specific needs of the children and, accordingly, dramatic cuts have been made in many social expenditures in recent years, to the detriment of children. In this respect, the Committee notes with concern that 47 per cent of the National Plan of Action for Children remains to be financed.

65.The Committee is also concerned at the extent of violence within the family; at the high number of abandoned and institutionalized children due to widespread family problems; and about the fact that the Code on Children and Adolescents is not completely in conformity with the relevant provisions of the Convention on the Rights of the Child and relevant Conventions of the International Labour Organisation, especially with regard to minimum ages for admission to employment.

66.The Committee is concerned at the serious situation of children who, in view of increasing poverty and misery as well as of situations of abandonment or violence within the family, are forced to live and work in the streets, even at an early stage of their lives. For these reasons children often become victims of different forms of exploitation and abuse.

67.The Committee notes with concern the absence in the National Plan of Action of strategies and targets to secure the civil rights of children.

(e)Suggestions and recommendations

68.The Committee acknowledges the fact that, since the Code on Children and Adolescents and the National Plan of Action for Children were adopted only recently, there has not been sufficient time to implement them or to evaluate their effectiveness. In those circumstances, the Committee decides to request the Government of Peru to submit information on measures taken in response to concerns expressed and recommendations made in the present "concluding observations". It wishes to receive that information before the end of 1994.

69.The Committee suggests that coordination between the various governmental agencies and non-governmental organizations involved in the implementation of the Convention and the monitoring thereof be strengthened.

70.The Committee recommends that investigations be conducted into cases of extrajudicial executions, disappearances and torture which are carried out in the context of the internal violence prevailing in several parts of the country. Those accused of such abuses should be tried and, when found guilty, punished. Furthermore, special measures should be taken to ensure that children are protected against the occurrence of such human rights violations and that they benefit from recovery and reintegration programmes in an environment which fosters the dignity and the self-confidence of the child.

71.Specific measures should be undertaken to provide undocumented children fleeing zones affected by internal violence with adequate identity documents.

72.The Committee also recommends that the provisions of Decree-Law No. 25564 dealing with the liability of children suspected of being involved in terrorist activities be repealed or amended in order for children below 18 years of age to enjoy fully the rights set forth in articles 37, 39 and 40 of the Convention.

73.The Committee urges the Government of Peru to take all the necessary steps to minimize the negative impact of the structural adjustment policies on the situation of children. The authorities should, in the light of articles 3 and 4 of the Convention, undertake all appropriate measures to the maximum extent of their available resources to ensure that sufficient resources are allocated to children. In that regard, particular attention should be paid to the protection of children living in areas affected by internal violence, displaced children, disabled children, children living in poverty and children living in institutions. The Committee recognizes, in that regard, that international assistance will also be needed to address more effectively the challenge of improving the situation of these children.

74.The Committee recommends that the Code on Children and Adolescents be amended along the lines suggested by the Minister of Labour of Peru in May 1993, following comments made to that effect by the International Labour Office.

75.The Committee underlines that the provisions of the Convention should be widely publicized among the general public and, in particular, among judges, lawyers, teachers and members of other professions who are concerned with the implementation of the Convention. Particularly important in this regard is the training of law enforcement officials and the staff in correctional facilities. In view of the extent of domestic violence in the country, a specific campaign of education for peace, tolerance and respect for human rights may also be envisaged.

3. Concluding observations: El Salvador

76.Committee considered the initial report of El Salvador (CRC/C/3/Add.9) at its 85th, 86th and 87th meetings (CRC/C/SR.85, 86 and 87), held on 27 and 28 September 1993, and adopted* the following concluding observations:

(a)Introduction

77.The Committee expresses satisfaction at the State party's early ratification of the Convention and for the timely submission of its initial report. The Committee regrets, however, that substantive and factual information, particularly in reply to the list of issues that was transmitted to the Government of El Salvador well in advance of the Committee's session, could not be provided in time for the consideration of the report. In addition, the Committee notes that the Government of El Salvador had not included in the delegation anyone directly involved in the implementation of the Convention at the national level. At the same time, the Committee takes

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  *At the 103rd meeting, held on 8 October 1993.

note of the commitment made by the representative of El Salvador, on behalf of his Government, to provide in writing the substantive information requested by the Committee, even during the present session.

(b)Positive aspects

78.The Committee welcomes the frank and critical approach taken by the State party in preparing the report and, in particular, the reference therein to the main difficulties encountered by the Government of El Salvador in ensuring the implementation of the Convention.

79.The Committee notes with satisfaction that public institutions have been established recently for the protection and improvement of living conditions of children. Legal measures adopted or envisaged to better protect the rights of the child, such as the new Family Code pending adoption by Parliament, also appear to be encouraging initiatives. In addition, the Committee appreciates the Government's intention to ratify International Labour Convention No. 138 and other instruments relating to the minimum age for employment.

80.The Committee welcomes the above initiatives, particularly in view of the fact that measures to protect children are necessary and urgent at the end of a long period of violence and internal conflict in El Salvador which has caused severe damage to the national economy and deeply affected its society. It hopes that the measures envisaged by the Government will be effectively translated into reality.

(c)Factors and difficulties impeding the implementation of the Convention

81.The Committee takes note of the difficult economic and social situation of El Salvador, compounded by persistent poverty and 12 years of internal conflict and violence. The Government recognizes the need for national efforts to solve many of the problems resulting from the conflict and to create guarantees for the full respect of the provisions of the Convention. The Committee hopes that the democratic institutions of the country, as well as its policy of social reconciliation, will be consolidated soon.

(d)Principal subjects of concern

82.The Committee regrets that the Government of El Salvador has not taken due consideration of the provisions of article 4 of the Convention and that restrictions in the national budget affecting social programmes have been detrimental to the protection of the rights of children.

83.The Committee also notes the lack of coordination between public and private bodies and organizations dealing with the rights of the child.

84.The Committee expresses concern at the concept of children in "irregular situations" in Salvadorian law. Clarification is needed with regard to the criteria used to define this concept, as well as the possible applicability of penal law to such children.

85.In addition, the Committee feels that there is a need to consider seriously questions relating to the legal definition of the child, in particular the minimum age for marriage, employment, military service and

testimony before a court. It appears that these provisions do not sufficiently take into consideration the principles of the best interest of the child and non-discrimination.

86.The Committee is alarmed at the large number of children who have been abandoned, displaced or have become orphans as a result of the armed conflict, as well as those who, in order to survive, are forced to live and work in the street.

87.The Committee is also preoccupied by the widespread discriminatory attitudes towards girls and disabled children, as well as by the existence on a large scale of child abuse and violence within the family.

88.The Committee notes with concern the lack of training of professional groups working with and for children.

(e)Suggestions and recommendations

89.The Committee recommends that in accordance with article 44, paragraph 4,

of the Convention and rule 69 of its provisional rules of procedure, additional information be requested from the Government of El Salvador in order to respond to the questions and concerns expressed by the Committee during its consideration of the initial report. Such information should be submitted by the end of 1994. The Committee also suggests that El Salvador submits its "core document" (see HRI/1991/1) as referred to in paragraph 5 of the Committee's adopted guidelines concerning the initial part of State party reports to be submitted under the various international human rights instruments (CRC/C/5).

90.The Committee would also like to receive information with regard to the actual implementation of the legislation and the impact of the action planned by the Government to improve respect for the rights of children. The Government should provide, in particular, clarification on the status of the Convention in the domestic legislation of El Salvador and the possibility of invoking the provisions of the Convention directly in court.

91.In relation to the adverse impact of the internal conflict on children who live in exceptionally difficult situations, the Committee wishes to receive precise information with regard to rehabilitation programmes for affected children and the progress of such programmes, as well as statistical data with regard to displaced children within the country.

92.The Committee is also interested in being informed about the distribution of child care services in rural and urban areas and the training of relevant personnel.

93.Strategies and educational programmes along with the adequate dissemination of information should be undertaken in order to counter certain prejudices which affect children negatively, such as gender-based discrimination (known as "machismo") and discrimination against disabled children (specially in rural areas), and to enhance the participation of children, in particular within the family.

94.In the light of the discussions and taking into account the situation of children in El Salvador, the Committee recommends that urgent measures be adopted for the protection of children belonging to vulnerable groups, in particular displaced and refugee children, disabled and homeless children, as well as children subject to abuse or violence within the family. Such measures should encompass social assistance and rehabilitation programmes oriented towards those groups of children and be undertaken, with the cooperation and support of the relevant United Nation agencies and international organizations, in the spirit of article 45 (b) of the Convention.

4. Concluding observations: Sudan

95.The Committee began consideration of the initial report of the Sudan (CRC/C/3/Add.3) at its 69th, 70th and 71st meetings (CRC/C/SR. 69-71), held on 26 and 27 January 1993. In view of the complexity of the situation and the problems facing children in the Sudan, the Committee decided to continue its consideration of the initial report of Sudan at its next (fourth) session, to be held from 20 September to 8 October 1993. To assist it in the continuation of its dialogue with the State party, the Committee requested the Government of the Sudan to provide it with additional information, in accordance with rule 69 of its provisional rules of procedure and article 44, paragraph 4, of the Convention, relating in particular to the areas of concern identified by the Committee in its preliminary observations (CRC/C/15/Add.6). The additional information submitted by the State party is contained in document CRC/C/3/Add.20.

96.The Committee, having continued its consideration of the initial report of the Sudan and having examined the additional information at its 89th and 90th meetings (CRC/C/SR.89-90), held on 29 September 1993, adopted* the following concluding observations:

(a)Introduction

97.The Committee welcomes the continuation of the dialogue with the representative of the Government of the Sudan. It notes the efforts undertaken thus far by the Government to follow up on the concerns raised previously by the Committee as regards the seriousness of the situation of children in that country.

(b)Positive aspects

98.The Committee notes the willingness shown by the Government of the Sudan to take into account the recommendations made by the Committee with a view to reviewing existing legislation in order to bring it into conformity with the Convention. In this regard, the Committee welcomes the State party's decision

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  *At the 103rd meeting, held on 8 October 1993.

to establish a committee to review national laws pertaining to children and that its preliminary observation in the area of the abolition of the punishment of flogging has been taken into account by the reviewing committee.

99.Additionally, the Committee notes with satisfaction the initial steps taken by the State party to develop monitoring and follow-up mechanisms for the implementation of the Convention.

100.The Committee welcomes the positive steps taken recently by the Government to improve its cooperation with international intergovernmental and non-governmental organizations. The Committee notes with satisfaction the recent agreements concluded between the parties concerned with a view to improving the provision of humanitarian assistance.

101.The Committee acknowledges the contribution made by the Sudanese people in accepting and offering refuge to persons, including children, coming from neighbouring countries.

(c)Factors and difficulties impeding the implementation of the Convention

102.The Committee recognizes that natural and man-made disasters have had a negative impact on efforts by the State party to ensure full implementation of the Convention. In this regard, the Committee notes the problems caused by civil war in the south of the Sudan and that the different groups involved in this conflict have often disregarded the best interests of the child.

103.The Committee takes note of the seriousness of the economic situation facing the Sudan and the debilitating effect this has had on the situation of children.

(d)Principal subjects of concern

104.The Committee considers that several of the concerns it raised previously with regard to the implementation of the Convention in the State party, (see CRC/C/15/Add.6) still remain to be addressed effectively. In this regard, the Committee emphasizes that it remains very much concerned about the non-compatibility of Sudanese legislation relating to the rights of the child with the principles and provisions of the Convention.

105.The Committee is concerned at the lack of training on the rights of the child given to personnel working with children.

106.The Committee expresses its deep concern at the insufficient attention paid to the implementation of the general principles of the Convention, namely its articles 2, 3, 6 and 12 and their relationship to the implementation of all the articles in the Convention, including those relating to the civil and political rights of children.

107.The Committee notes the seriousness of the general health conditions prevailing in the Sudan and their detrimental effect on children. It expresses its serious concern at the continuance of traditional practices harmful to the health of women and children, particularly the practice of

female genital mutilation. In addition, the Committee draws attention to the plight of disabled children, in view of their particular vulnerability, and the need for effective measures to improve their situation.

108.The Committee continues to be seriously alarmed at the effects of emergency situations on children, as well as at the problems faced by homeless and internally displaced children. Reports on the forced labour and slavery of children give cause for the Committee's deepest concern.

109.The Committee is of the opinion that the system of administration of juvenile justice in the Sudan is not fully compatible with articles 37, 39 and 40 of the Convention and other relevant United Nations standards.

(e)Suggestions and recommendations

110.The Committee encourages the development of mechanisms to monitor and follow up the implementation of the Convention.

111.The Committee expresses the hope that the review of child-related laws will result in the total abolition of flogging.

112. The Committee recommends that the review of national legislation continues to take into account concerns expressed by the Committee with regard to the definition of the child and the age of criminal responsibility. In addition, the Committee suggests that the State party consider introducing enforcement measures to ensure that officials responsible for the implementation of the Convention fulfil their duties effectively.

113.The Committee also recommends that training about child rights should be provided to relevant professional groups such as judges, teachers and social workers.

114.The Committee encourages the Government to continue its cooperation with intergovernmental and non-governmental organizations with a view to improving the effectiveness of measures to alleviate the suffering of children.

115.The Committee recommends that the general principles of the Convention as expressed in its articles 2, 3, 6 and 12 guide the review of national legislation and the development of policies and strategies for ensuring the effective enjoyment by children of all their rights.

116.The Committee also recommends that further efforts be undertaken to raise awareness in order to eradicate traditional practices harmful to the health of women and children. The Committee suggests that the Government and religious and community leaders take an active role in supporting efforts to eliminate the practice of female genital mutilation.

117.The Committee further recommends that attention be given to extending the provision of primary health care and primary education in order to improve the general health and nutritional and educational status of children. In addition, the Committee recommends that future development plans should accord priority to the situation of disabled children.

118.The Committee emphasizes the need for further urgent efforts to improve the protection and promotion of the rights of internally displaced children.

119.The Committee also emphasizes the need to pay urgent and due regard to the reports of forced labour and slavery of children. The Committee believes that international cooperation, particularly technical assistance and advice, could be used to that end.

120.The Committee recommends that the system of administration of juvenile justice be reviewed in order to ensure its compatibility with articles 37, 39 and 40 of the Convention and other relevant United Nations standards.

121.The Committee expresses the hope that improvements in the implementation of the Convention will be forthcoming and appreciates the willingness of the State party to keep it regularly informed of relevant developments.

5. Concluding observations: Costa Rica

122.The Committee considered the initial report of Costa Rica (CRC/C/3/Add.8) at its 91st, 92nd and 93rd meetings (CRC/C/SR.91-93), held on 30 September and 1 October 1993, and adopted * the following concluding observations:

(a)Introduction

123.The Committee notes with satisfaction the early ratification of the Convention and the timely submission of the initial report of Costa Rica. In particular, the Committee appreciates the comprehensiveness of the report, which contains self-criticism and defines areas for priority action. The Committee, however, notes with regret the lack of information relating to special protection measures, with particular reference to the system of administration of juvenile justice.

124.The Committee expresses its appreciation to the delegation which presented the report for providing helpful additional information and for facilitating an open and constructive dialogue.

(b)Positive aspects

125.The Committee welcomes the commitment shown by the Government of Costa Rica in undertaking its obligations under the Convention. That commitment is reflected in the efforts of the Government to establish implementation mechanisms, to evaluate the existing situation and to identify factors and difficulties impeding the implementation of the Convention. In particular, the Committee welcomes the establishment of special entities aimed at coordinating policies and activities for children. This should hopefully facilitate the collection of relevant data and potentially foster a more integrated and dynamic approach to the implementation of the Convention.

126.The Committee also notes with satisfaction efforts to create greater public awareness of the Convention; the importance attached to children's

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  *At the 103rd meeting, held on 8 October 1993.

rights advocacy and training for professional groups working with children; and efforts to educate children with respect to the Convention and encourage their participation in the implementation process.

(c)Factors and difficulties impeding the implementation of the Convention

127.The Committee notes that due to economic factors, including pressures resulting from external debt, there has been a restructuring of the Government's budget with the result that fewer resources have been available for social welfare programmes.

(d)Principal subjects of concern

128.The Committee expresses its concern at the fact that legislation relevant to the application of the Convention is not only dispersed, but sometimes contradictory. Similarly, there are many programmes focused on specific areas of the Convention which are not yet coordinated. This inadequate legal harmonization and policy coordination has resulted in a limited capacity to enforce existing measures.

129.The Committee expresses its concern at the impact of economic adjustment policies. In particular, the Committee notes that, with the cuts in allocations in the social sector, the basic welfare of the children who are most vulnerable, such as abandoned children, children living in extreme poverty and children of disadvantaged groups, may not be adequately protected. As a consequence, many of Costa Rica's past achievements in the areas of health, education, welfare and social stability would appear to be seriously threatened.

130.The Committee notes that there have been alarming tendencies in recent years of increasing problems concerning vulnerable children, such as discrimination against the girl child and sexual abuse including incest and other forms of violence perpetrated against children. In this connection, the Committee notes that there has not always been adequate enforcement of existing legislation nor have public education activities been sufficiently focused on those problems.

131.The Committee notes the high number of domestic and international adoptions of Costa Rican children. It also notes the high number of teenage pregnancies as a result of early sexual activity, which is symptomatic of underlying social problems.

(e)Suggestions and recommendations

132.In order to apply more effectively all of the provisions of the Convention, the Committee recommends that laws and regulations concerning the rights of the child be harmonized.

133.Information and statistical data to be used for evaluating progress in implementing the Convention should be standardized and compiled systematically.

134.With respect to economic adjustment policies, the Committee recommends that the Government undertake a thorough review of the impact of these policies with a view to identifying ways to ensure adequate protection for children, in particular the disadvantaged and vulnerable ones, in the light of articles 2, 3 and 4 of the Convention. Necessary support should be given to strengthen the family environment for such children.

135.The Committee emphasizes that the best interests of the child must be the guiding principle in the application of the Convention, especially with regard to labour legislation and adoption. In the framework of the adoption process, due consideration should be given to the provisions of article 12 as regards respect for the views of the child.

136.The Committee recommends that measures should be taken in conformity with the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and that action in this regard should be focused especially at the community and family levels. In this connection, the Committee also emphasizes the necessity of ensuring adequate training for law enforcement officials, social workers and other professionals who work with vulnerable children and youth at risk. A comprehensive system for the administration of juvenile justice should be developed in accordance with articles 39 and 40 of the Convention and the safeguards required under the Convention concerning children in conflict with the law should be assured.

137.The Committee encourages the Government to intensify its information and advocacy campaigns at the community and family levels. The Committee therefore suggests that efforts should be made to widen educational campaigns to focus on gender discrimination and the role of parents, particularly with respect to the prevention of violence and abuse in the family and the problems associated with early marriage and early pregnancy.

6. Preliminary observations: Rwanda

138.The Committee began consideration of the initial report of Rwanda (CRC/C/8/Add.1) at its 97th and 98th meetings (CRC/C/SR.97-98), held on 5 October 1993, and adopted* the following preliminary observations:

139.The Committee appreciates the willingness of the Government of Rwanda to present a report to the Committee and to engage in a dialogue with it, especially in view of the serious difficulties faced by the State party in recent years. The Committee, having considered the information contained in the initial report and the oral replies to the questions raised, decides to recommend to the State party that it prepare a new and more comprehensive initial report, in accordance with the Committee's guidelines on reporting (CRC/C/5) and the comprehensive list of issues previously transmitted to the State party. The Committee also suggests that the new report should take into account the points raised during its dialogue with the delegation.

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  *At the 103rd meeting, held on 8 October 1993.

140.The Committee wishes to draw attention to the provisions of article 45 (b) of the Convention relating to technical advice and assistance in the context of the preparation of the report by the State party.

141.The Committee suggests that the State party consider establishing a national coordinating committee or similar mechanism composed of members of different ministries and bodies dealing with matters relating to the implementation of the rights of the child, including budgetary resources, which could also assist in the preparation of the report.

142.In view of recent developments in Rwanda, the Committee would welcome the preparation of the new report in the light of the changing realities. The Committee considers that such a report would permit it to engage in a more constructive and fruitful dialogue with the State party and requests that the report be submitted to it within one year with a view to the resumption of the Committee's dialogue with representatives of the State party.

IV. OVERVIEW OF THE OTHER ACTIVITIES OF THE COMMITTEE

A. Informal meeting

143.The informal meeting of the Committee on the Rights of the Child for the Asian region was held at Bangkok from 23 to 29 May 1993. The purposes of the meeting, organized by UNICEF with support and assistance from the Centre for Human Rights, other United Nations agencies and bodies and other competent bodies active in the field of the rights of the child were as follows:

(a)To promote, at the regional and subregional level, greater awareness and understanding of the principles of the Convention, increased mobilization for the implementation of its provisions and better knowledge of the role and functions of the Committee in monitoring the implementation of the rights of the child;

(b)To enhance cooperation and integrated efforts between the various organs and bodies which have a role to play in the implementation of the rights provided for in the Convention at the international, regional, national and community levels;

(c)To provide an opportunity for the members of the Committee to observe directly and thus better assess, through on-site visits and contacts, the reality facing children in a specific region.

144.During their stay in Bangkok members of the Committee were briefed extensively about the political, economic, social and cultural situation in Asia and the Pacific as it affects the implementation of the rights of the child. Through discussions with UNICEF regional advisers, representatives of United Nations agencies and organs, representatives of international and national non-governmental organizations active in the field of child rights,

as well as presentations made by children in especially difficult circumstances, various issues relating to the situation of children in the region were outlined, including the rapid changes in societal structures and the high rate of urbanization and industrialization and their effects on children. The major problems faced by children in the region were stressed. These included poverty, the social cost of economic transition, the disruption of family structures and the growing number of female-headed households, the wide gender gap in the field of basic services such as health, nutrition and education, the shortcomings in the field of the administration of juvenile justice. Specific reference was made to children in need of special protection, including the girl child, children affected by armed conflicts, working children including those living in the street, children victims of sexual abuse and exploitation, drug-addicted children or children used in drug-trafficking, disabled children, HIV-infected children, children born out of wedlock and children belonging to minorities.

145.Members of the Committee were also provided the opportunity to explain to the various participants and to the media the main principles and provisions of the Convention as well as the purpose and work of the Committee. Participants were also given a brief overview of the activities of the Centre for Human Rights in support of the Convention on the Rights of the Child.

146.On 25 May the members of the Committee were divided into three groups and proceeded to field trips in three different countries of the region (the Philippines, Thailand and Viet Nam), which provided them with an opportunity, through meetings with governmental and non-governmental representatives, members of the judiciary and parliamentarians, representatives of local government and community leaders and members, for an exchange of views on how best to ensure the implementation of the Convention. During field visits, members of the Committee also visited various governmental and non-governmental community projects such as youth and rehabilitation centres within the system of administration of justice, health and multipurpose centres for children living and working in the street, rehabilitation programmes for child prostitutes, education programmes for children at risk, homes for working children, centres for disabled children and income-generating programmes. The fact that the field visits took place in countries expected shortly to submit their reports on the implementation of the Convention, as was the case for Thailand and the Philippines, gave the Committee the opportunity to create greater awareness of the reporting system and its decisive importance in encouraging popular participation and a meaningful national debate on the situation of the rights of the child.

147.On the other hand, the visit to Viet Nam was an effective follow-up to the discussion of the initial report of the State party, giving way to an important evaluation of the impact of the dialogue which the Committee had had at the country level and reaffirming in an encouraging manner the spirit of cooperation and assistance provided for by the reporting system. In this

regard, it should be recalled that the visit provided an occasion for Vietnamese officials to formulate a request for the advisory services of the Centre for Human Rights in the field of the administration of juvenile justice, as had been suggested by the Committee during its consideration of the initial report of Viet Nam in January 1993.

148.In assessing the results of the meeting, members of the Committee expressed the opinion that the informal regional meeting and field visits had provided an opportunity for increased advocacy and awareness-raising on the rights of the child at various levels; it had also encouraged better coordination and integration of efforts of various sectors and called for the building or strengthening of the national capacity through adequate mechanisms for child rights implementation. Finally, the regional meeting enabled the Committee to better identify and explain its role as a catalyst for a better implementation, at the regional and national levels, of the principles and provisions of the Convention.

149.In close cooperation with UNICEF, the Committee considered the organization in 1994 of a regional informal meeting in Africa. The Committee emphasized that the holding of such a meeting and the possibility of organizing field visits to different countries would be an important step to achieve universal ratification of the Convention on the Rights of the Child by 1995, as well as its effective implementation in the African region.

B. Review of developments relevant to the work of the Committee

150.At its first session, the Committee had requested the secretariat to report, at the beginning of each session, on the action taken pursuant to decisions adopted by the Committee at its previous session. Accordingly, the Committee was provided with informal notes prepared by the secretariat containing summaries of action taken by the General Assembly at its forty-seventh session, the Commission on Human Rights at its forty-ninth session and the Sub-Commission on Prevention of Discrimination and Protection of Minorities at its forty-fifth session on the question of the rights of the child and related matters.

151.Following a decision taken at the first session, the Rapporteur made a comprehensive oral report on the developments relevant to the work of the Committee which had occurred since the preceding session. In this presentation, particular emphasis was put on action taken within the framework of the General Assembly, the Commission on Human Rights and the Sub-Commission on Prevention of Discrimination and Protection of Minorities, including special rapporteurs and working groups, as well as by the different treaty bodies, which was of interest for the consideration by the Committee of questions relating to its methods of work and to the study of issues of a thematic nature. Specific mention was made of the World Conference on Human Rights and the Vienna Declaration and Programme of Action, in particular in the light of recommendations concerning the rights of the child and the work of the Committee as a treaty monitoring body.

C. Question of reservations to the Convention

152.The Committee continued to tackle the question of reservations to the Convention, within the framework of its consideration of States parties reports.

153.It recalled in this connection the attention paid by the World Conference on Human Rights to this important question, in particular the appeal addressed to States to consider limiting the extent of reservations, ensuring that they are formulated as precisely and narrowly as possible, and that they are not incompatible with the object and purpose of the Convention or contrary to international treaty law.

154.The Committee decided to pursue its dialogue with States parties on this issue in order to encourage them to consider withdrawing such reservations.

D. Urgent action

155.The Committee continued its consideration of the urgent procedure it had adopted at its second session. It recalled in this regard the role such procedures might play as an early warning to prevent the deterioration of the situation or to limit the scale of existing violations of children's rights.

It further reaffirmed that the urgent procedure should be envisaged in the light of the spirit of dialogue and cooperation which guides the Committee's work.

156.The Committee decided to establish a working group composed of some of its members to study ways and means to ensure that these urgent procedures, whenever adopted, are pursued effectively. It therefore decided to appoint one of its members as the focal point for that purpose.

157.The Committee was provided with a working paper on the urgent procedure, which would constitute the basis for future consideration.

E. Cooperation with United Nations bodies

158.The Committee on the Rights of the Child reaffirmed the importance of ensuring effective interaction and cooperation with United Nations bodies active in the field of the rights of the child. It furthermore recognized the great importance that the Convention attaches to the area of technical advice and assistance.

159.The Committee also took note of the emphasis given by the World Conference on Human Rights to the achievement of progress in human rights endeavours through an increased and sustained effort of international cooperation and solidarity, as well of its recommendation that the human rights and the situation of children be regularly reviewed and monitored by all relevant organs and mechanisms of the United Nations system.

160.In this regard, the Committee decided to hold a meeting with specialized agencies at its next session.

Draft optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

161.The Committee was informed that the Secretary-General had submitted to the Committee the draft optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and, in accordance with Commission on Human Rights resolution 1993/34, was invited to submit its observations thereon.

162.The Committee recognized the importance of any steps taken to protect any person against the use of torture or other cruel, inhuman or degrading treatment or punishment, as well as to prevent their occurrence. In this perspective, it welcomed the progress achieved at the first session of the working group on the draft optional protocol established by the Commission.

163.The Committee recalled the importance attached by the Convention on the Rights of the Child to this subject. Article 37 of the Convention prohibits the use of torture or other cruel, inhuman or degrading treatment or punishment on children. Moreover, in cases of deprivation of liberty, which is to be used only as a measure of last resort and for the shortest appropriate period of time, the Convention states that children shall be treated with humanity and respect for the inherent dignity of the human person and in a manner which takes into account the needs of persons of their age.

164.Furthermore, in any situation where the child is alleged, accused or recognized to have infringed the penal law, the child has the right to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, and which reinforces the child's respect for human rights.

165.In situations where torture or other cruel, inhuman or degrading treatment or punishment may arise, States parties are called upon to take all appropriate measures to promote the physical recovery and social reintegration of the child, in an environment which fosters the health, self-respect and dignity of the child.

166.Particular reference was also made to the general principles of the Convention, namely the principle of the best interests of the child, as the primary consideration in all actions concerning children, whether undertaken by public or private institutions, including administrative authorities and legislative bodies (art. 3 of the Convention); and to the right of the child to express his or her views and for those to be taken duly into account, in particular by providing the opportunity for the child to be heard in any judicial or administrative proceeding affecting the child, either directly or through a representative or an appropriate body (art. 12).

167.In the Committee's view, it would be important to bring these provisions to the attention of the working group and to suggest that they be taken into consideration in its work. The Committee therefore decided to transmit its suggestions to the working group and to continue to follow developments.

International Day for the Eradication of Poverty

168.The Committee on the Rights of the Child welcomed the decision of the General Assembly to declare 17 October as International Day for the Eradication of Poverty.

169.The Committee decided to associate itself with the commemoration of this international day and to issue a message to this effect (annex IV).

F. Cooperation with other competent bodies

170.The Committee on the Rights of the Child recalled the recognition paid by the World Conference on Human Rights to the important role played by non-governmental organizations in the effective implementation of the Convention on the Rights of the Child.

171.It recalled in this framework that the treaty bodies, in their common recommendation to the World Conference, had suggested that an NGO Liaison Unit be established within the Centre for Human Rights in order to facilitate effective access by the treaty bodies to NGOs.

172.The Committee held a working meeting with the Coordinator of the NGO Group on the implementation of the Convention on the Rights of the Child to discuss the important contribution national coalitions might play in that regard and concerning other issues of common interest in the field of international cooperation.

173.The Representative of The Hague Conference on Private International Law reported to the Committee on the recently adopted Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption.

174. The Committee welcomed this significant development and the role the Convention on the Rights of the Child had played in the drafting of the new instrument, in particular the paramount importance of the principle of the best interests of the child and the subsidiary nature of intercountry adoption.

175.The Committee was informed by the representative of Epoch Worldwide on the research developed by that organization on the use of corporal punishment against children. In that context, mention was made of the child's right to be protected from all forms of violence, neglect or abuse, as referred to in article 19 of the Convention.

176.The Committee recognized the importance of the question of corporal punishment in improving the system of promotion and protection of the rights of the child and decided to continue to devote attention to it in the process of examining States parties reports.

G. System of documentation and information

Question of indicators

177.The Committee reiterated its decision to continue to study the question of the use of appropriate indicators to better assess how the rights of the child are enjoyed and implemented, as well as to evaluate the progress achieved, namely through the working group established at its second session (CRC/C/10, recommendation 2).

178.A representative of the Committee had participated in the expert seminar on appropriate indicators to measure achievements in the progressive realization of economic, social and cultural rights, held at Geneva from 25 to 29 January 1993. The Committee took note of the report of the seminar (A/CONF.157/PC/73) and decided to request its working group to consider the conclusions and recommendations proposed therein (paras. 152-207), to report back to the Committee and to propose possible follow-up measures. The Committee also took note of the consideration given by the Commission on Human Rights, in its resolution 1993/14 of 26 February 1993, to the conclusions of the expert seminar, as well as of the request to the Secretary-General to prepare basic policy guidelines on structural adjustment and economic, social and cultural rights which would serve as a basis for a continued dialogue between human rights bodies and the international financial institutions. Moreover, the Committee welcomed the timely organization, on 9 October 1993, of a consultative meeting on the Convention on the Rights of the Child, in close cooperation with UNICEF. That consultative meeting, which would ensure the participation of different United Nations and other competent bodies in the field of the rights of the child, would be an important occasion to pursue the consideration of such an important question, with the aim of developing a right-by-right approach in the light of fundamental human rights principles.

Sources of information

179.The Committee held a working meeting at the World Health Organization and was informed about the important steps taken by WHO to monitor progress in the implementation of the Global Strategy for Health for All by the Year 2000, as well as about the information network in the field of health, including national legislation.

180.The Committee reaffirmed the importance of maintaining close cooperation with United Nations bodies in the field of children's rights in order to better monitor the situation of children, as recommended by the World Conference on Human Rights. Such cooperation in the field of information would be a decisive step towards the establishment of a comprehensive computerized network.

H. Public information activities

181.In the light of its previous recommendations adopted in this field, the Committee reiterated the essential importance of enhancing awareness of the Convention and its implementation system.

182.In order to facilitate easier access to and ensure better understanding of the work of the Committee, it decided to issue, as one of its documents, an analytical compilation of the conclusions and recommendations adopted by the Committee at its previous sessions; it recognized the importance of keeping such a compilation up to date.

183.The Committee recognized the role of public information activities in achieving the goal, set by the World Conference on Human Rights, of universal ratification of the Convention by the year 1995.

184.Having this in mind, the Committee decided to reaffirm its request to the Secretary-General to consider the inclusion in the Manual on Human Rights Reporting of a chapter on the work of the Committee; the completion and issuance of the travaux préparatoires and the commentary on the Convention on the Rights of the Child; and the preparation and dissemination of publications specially addressed to children.

185.The Committee further decided to request the Secretary-General to consider the preparation of a new Fact Sheet on the implementation process of the Convention on the Rights of the Child. Such a publication would enable a better understanding and consideration by States of the comprehensive national approach taken by the Committee in the fulfilment of its tasks as a treaty monitoring body.

I. General discussion on the economic exploitation of children

186.In view of the importance it attaches to the enhancement of a deeper understanding of the Convention on the Rights of the Child, the Committee had decided to devote one day of its fourth session to a general discussion on the economic exploitation of children. The decision to consider this topic reflected the importance of the issue in the framework of the promotion and protection of the rights of the child, the urgency of creating awareness and raising concern at the growing number of children in situations of economic exploitation; the need for integrated and concerted action by Governments, United Nations bodies and other competent bodies active in the field of the rights of the child, as well as the decisive role the Convention on the Rights of the Child could play in that regard.

187.The Committee had been provided with some important background documents, in addition to the two Programmes of Action adopted by the Commission on Human Rights for the Elimination of Child Labour and for the Prevention of the Sale of Children, Child Prostitution and Child Pornography.

188.Several organizations had submitted documents on the theme, as follows:

Protection of children against economic exploitation by the International Labour Organisation;

Sale of children by the Special Rapporteur on the sale of children of the Commission on Human Rights;

Eliminating the exploitation of child labour by the sub-group on child labour of the NGO Group for the Convention on the Rights of the Child;

Comments regarding the monitoring by the Committee of the Convention's articles relating to child victims of sexual exploitation by the Sub-group on sexual exploitation of children of the NGO Group for the Convention on the Rights of the Child;

Economic exploitation of children (extreme poverty and child labour) by the International Movement ATD Fourth World;

Niños trabajadores:  organizando la esperanza de América Latina y el Caribe by Radda Barnen;

Wish you weren't there: the sexual exploitation of children in connection with tourism and international travel, and Children and income-generating projects by Save the Children UK;

Possible causes and solutions of child prostitution in Taiwan by the Association François-Xavier Bagnoud;

Reflexiones en torno al trabajo infantil en el Péru by the Grupo de Iniciativa Nacional por los Derechos del Niño.

189.The following organizations and bodies made statements on the day of the general discussion: United Nations Children's Fund, United Nations Development Programme, International Labour Organisation, Food and Agriculture Organization of the United Nations, United Nations Educational, Scientific and Cultural Organization, World Health Organization, International Monetary Fund, Board of Trustees of the United Nations Voluntary Fund on Contemporary Forms of Slavery, Anti-Slavery International, Child Workers in Nepal, International Catholic Child Bureau, International Confederation of Free Trade Unions, International Federation of Social Workers, International Institute for Human Rights, Environment and Development, International Movement ATD Fourth World, International Movement of Apostolate of Children, Movement for Child Workers in Latin America, World Federation of Methodist Women, Youth for Unity and Voluntary Action.

190.The Committee took note of the steps taken in that regard by the Sub-Commission on Prevention of Discrimination and Protection of Minorities, namely its decision, contained in resolution 1993/5 of 20 August 1993, to appoint a Special Rapporteur to update the report of Mr. Abdelwahab Boudhiba on the exploitation of child labour (E/CN.4/Sub.2/479/Rev.1).

191.The Special Rapporteur on the sale of children, child prostitution and child pornography also submitted a document concerning the steps he has taken within the framework of his mandate and made a statement before the Committee.

192.The general discussion was a meaningful occasion for a fruitful exchange of views between the members of the Committee and United Nations bodies, specialized agencies and other competent bodies, in particular non-governmental organizations.

193.Situations of child labour, including the question of domestic servants, child prostitution and pornography and sale of children, were considered by the participants. During the discussion, which was introduced by members of the Committee (Mrs. Marta Santos Pais, Mr. Thomas Hammarberg and Mrs. Akila Belembaogo; see annex V), particular emphasis was put on the need for the child to be put at the centre of all polices, whether they are adopted by international financial institutions, development agencies or Governments. Attention was also drawn to the need to respect the dignity of the child, while enhancing the values of solidarity, participation and equity.

194.The discussion made clear the need for a comprehensive and concerted action for prevention, protection and rehabilitation. The need to strengthen preventive actions was stressed and education was referred to in that regard as an essential tool. Recommendations were also made in the field of the protection of the rights of the child, including the establishment of an ombudsperson who might intervene and assist the child victim of economic exploitation. The important role of recovery and social reintegration of child victims of any form of economic exploitation was recognized. At all levels of action, effective coordination was recognized as an essential aspect to achieve progress, both at the national and the international level.

195.The discussion emphasized the relevance of the general principles of the Convention to assess the reality, design adequate policies and implement effective plans of action to combat the plight of exploited children and ensure the effective enjoyment of their right to childhood.

196.In view of the contributions made and the importance of the problems considered, the Committee decided that there was a need for a continuous response to this urgent question. It therefore decided (i) to make a public statement on the outcome of the general discussion day (see annex VI); (ii) to establish a working group among its members to prepare, in the light of the discussion and of the provisions of the Convention, a set of recommendations to be considered at its regular session scheduled for January 1994; (iii) to consider issuing a publication based on the general discussion on the economic exploitation of children.

V. DRAFT PROVISIONAL AGENDA FOR THE FIFTH SESSION

197.The following is the draft provisional agenda for the fifth session of the Committee:

1.Adoption of the agenda.

2.Information by the secretariat on the action taken pursuant to decisions adopted by the Committee at its previous sessions.

3.Submission of reports by States parties in accordance with article 44 of the Convention.

4.Consideration of reports of States parties.

5.System of documentation and information.

6.Question of indicators.

7.Follow-up on the general discussion on "Protection of the child against economic exploitation".

8.Cooperation with other United Nations bodies and specialized agencies.

9.Methods of work of the Committee.

10.Future meetings.

11.Other matters.

VI. ADOPTION OF THE REPORT

198.At its 104th meeting, held on 8 October 1993, the Committee considered the draft report on its fourth session. The report, as amended during the course of the discussion, was unanimously adopted by the Committee.

Annex I

STATES WHICH HAVE RATIFIED OR ACCEDED TO THE CONVENTION ON THE RIGHTS OF THE

CHILD AS AT 8 OCTOBER 1993 (149)

StatesDate of signatureDate of receiptDate of entry

of instrumentinto force

of ratification/

accession a/

Albania26 January 199027 February 199228 March 1992

Algeria26 January 199016 April 199316 May 1993

Angola14 February 1990 5 December 1990 4 January 1991

Antigua and

  Barbuda12 March 1991 5 October 1993 4 November 1993

Argentina29 June 1990 4 December 1990 3 January 1991

Armenia23 June 199322 July 1993

Australia22 August 199017 December 199016 January 1991

Austria26 January 1990 6 August 1992 5 September 1992

Azerbaijan13 August 1992 a/12 September 1992

Bahamas30 October 199020 February 199122 March 1991

Bahrain13 February 1992 a/14 March 1992

Bangladesh26 January 1990 3 August 1990 2 September 1990

Barbados19 April 1990 9 October 1990 8 November 1990

Belarus26 January 1990 1 October 199031 October 1990

Belgium26 January 199016 December 199115 January 1992

Belize 2 March 1990 2 May 1990 2 September 1990

Benin25 April 1990 3 August 1990 2 September 1990

Bhutan 4 June 1990 1 August 1990 2 September 1990

Bolivia 8 March 199026 June 1990 2 September 1990

Bosnia and

  Herzegovina* 6 March 1992

Brazil26 January 199024 September 199024 October 1990

Bulgaria31 May 1990 3 June 1991 3 July 1991

Burkina Faso26 January 199031 August 199030 September 1990

Burundi 8 May 199019 October 199018 November 1990

Cambodia22 September 199215 October 199214 November 1992

Cameroon25 September 199011 January 199310 February 1993

Canada28 May 199013 December 199112 January 1992

Cape Verde 4 June 1992 a/ 4 July 1992

Central African

  Republic30 July 199023 April 199223 May 1992

Chad30 September 1990 2 October 1990 1 November 1990

________________________

* Succession

StatesDate of signatureDate of receiptDate of entry

of instrumentinto force

of ratification/

accession a/

Chile26 January 199013 August 199012 September 1990

China29 August 1990 2 March 1992 1 April 1992

Colombia26 January 199028 January 199127 February 1991

Comoros30 September 199022 June 199321 July 1993

Costa Rica26 January 199021 August 199020 September 1990

Côte d'Ivoire26 January 1990 4 February 1991 6 March 1991

Croatia* 8 October 1991

Cuba26 January 199021 August 199120 September 1991

Cyprus 5 October 1990 7 February 1991 9 March 1991

Czech Republic* 1 January 1993

Democratic

  People's

  Republic of

  Korea23 August 199021 September 199021 October 1990

Denmark26 January 199019 July 199118 August 1991

Djibouti30 September 1990 6 December 1990 5 January 1991

Dominica26 January 199013 March 199112 April 1991

Dominican Republic 8 August 199011 June 199111 July 1991

Ecuador26 January 199023 March 1990 2 September 1990

Egypt 5 February 1990 6 July 1990 2 September 1990

El Salvador26 January 199010 July 1990 2 September 1990

Equatorial Guinea15 June 1992 a/15 July 1992

Estonia21 October 1991 a/20 November 1991

Ethiopia14 May 1991 a/13 June 1991

Fiji 2 July 199313 August 199312 September 1993

Finland26 January 199020 June 199120 July 1991

France26 January 1990 7 August 1990 6 September 1990

Gambia 5 February 1990 8 August 1990 7 September 1990

Germany26 January 1990 6 March 1992 5 April 1992

Ghana29 January 1990 5 February 1990 2 September 1990

Greece29 January 199011 May 199310 June 1993

Grenada21 February 1990 5 November 1990 5 December 1990

Guatemala26 January 1990 6 June 1990 2 September 1990

Guinea13 July 1990 a/ 2 September 1990

Guinea-Bissau26 January 199020 August 199019 September 1990

Guyana30 September 199014 January 199113 February 1991

Holy See20 April 199020 April 1990 2 September 1990

Honduras31 May 199010 August 1990 9 September 1990

StatesDate of signatureDate of receiptDate of entry

of instrumentinto force

of ratification/

accession a/

Hungary14 March 1990 7 October 1991 6 November 1991

Iceland26 January 199028 October 199227 November 1992

India11 December 1992 a/11 January 1993

Indonesia26 January 1990 5 September 1990 5 October 1990

Ireland30 September 199028 September 199228 October 1992

Israel 3 July 1990 3 October 1991 2 November 1991

Italy26 January 1990 5 September 1991 5 October 1991

Jamaica26 January 199014 May 199113 June 1991

Jordan29 August 199024 May 199123 June 1991

Kenya26 January 199030 July 1990 2 September 1990

Kuwait 7 June 199021 October 199120 November 1991

Lao People's

  Democratic

  Republic 8 May 1991 a/ 7 June 1991

Latvia14 April 1992 a/14 May 1992

Lebanon26 January 199014 May 199113 June 1991

Lesotho21 August 199010 March 1992 9 April 1992

Liberia26 April 1990 4 June 1993 4 July 1993

Libyan Arab

  Jamahiriya15 April 1993 a/15 May 1993

Lithuania31 January 1992 a/ 1 March 1992

Madagascar19 April 199019 March 199118 April 1991

Malawi 2 January 1991 a/ 1 February 1991

Maldives21 August 199011 February 199113 March 1991

Mali26 January 199020 September 199020 October 1990

Malta26 January 199030 September 199030 October 1990

Mauritania26 January 199016 May 199115 June 1991

Mauritius26 July 1990 a/ 2 September 1990

Mexico26 January 199021 September 199021 October 1990

Micronesia 5 May 1993 a/ 4 June 1993

Monaco21 June 1993 a/21 July 1993

Mongolia26 January 1990 5 July 1990 2 September 1990

Morocco26 January 199021 June 199321 July 1993

Myanmar15 July 1991 a/14 August 1991

Namibia26 September 199030 September 199030 October 1990

Nepal26 January 199014 September 199014 October 1990

New Zealand 1 October 1990 6 April 1993 6 May 1995

Nicaragua 6 February 1990 5 October 1990 4 November 1990

StatesDate of signatureDate of receiptDate of entry

of instrumentinto force

of ratification/

accession a/

Niger26 January 199030 September 199030 October 1990

Nigeria26 January 199019 April 199119 May 1991

Norway26 January 1990 8 January 1991 7 February 1991

Pakistan20 September 199012 November 199012 December 1990

Panama26 January 199012 December 199011 January 1991

Papua New Guinea30 September 1990 1 March 199331 March 1993

Paraguay 4 April 199025 September 199025 October 1990

Peru26 January 1990 4 September 1990 4 October 1990

Philippines26 January 199021 August 199020 September 1990

Poland26 January 1990 7 June 1991 7 July 1991

Portugal26 January 199021 September 199021 October 1990

Republic of Korea25 September 199020 November 199120 December 1991

Moldova,

  Republic of26 January 1993 a/25 February 1993

Romania26 January 199028 September 199028 October 1990

Russian Federation 26 January 199016 August 199015 September 1990

Rwanda26 January 199024 January 199123 February 1991

Saint Kitts and

 Nevis26 January 199024 July 1990 2 September 1990

Saint Lucia16 June 1993 a/16 July 1993

San Marino25 November 1991 a/25 December 1991

Sao Tomé and

  Principe14 May 1991 a/13 June 1991

Senegal26 January 199031 July 1990 2 September 1990

Seychelles 7 September l990 a/ 7 October 1990

Sierra Leone13 February 199018 June 1990 2 September 1990

Slovakia* 1 January 1993

Slovenia*25 June 1991

Spain26 January 1990 6 December 1990 5 January 1991

Sri Lanka26 January 199012 July 199111 August 1991

Sudan24 July 1990 3 August 1990 2 September 1990

Suriname26 January 1990 1 March 199331 March 1993

Sweden26 January 199029 June 1990 2 September 1990

Syrian Arab

  Republic18 September 199015 July 199314 August 1993

Thailand27 March 1992 a/26 April 1992

Togo26 January 1990 1 August 1990 2 September 1990

Trinidad and Tobago30 September 1990 5 December 1991 4 January 1992

Tunisia26 February 199030 January 199229 February 1992

StatesDate of signatureDate of receiptDate of entry

of instrumentinto force

of ratification/

accession a/

Turkmenistan20 September 1993 a/ 19 October 1993

Uganda17 August 199017 August 199016 September 1990

Ukraine 21 February 199128 August 199127 September 1991

United Kingdom of

  Great Britain

  and Northern

  Ireland19 April 199016 December 199115 January 1992

United Rep. of

 Tanzania 1 June 199010 June 199110 July 1991

Uruguay26 January 199020 November 199020 December 1990

Vanuatu30 September 1990 7 July 1993 6 August 1993

Venezuela26 January 199013 September 199013 October 1990

Viet Nam26 January 199028 February 1990 2 September 1990

Yemen13 February 1990 1 May 199131 May 1991

Yugoslavia26 January 1990 3 January 1991 2 February 1991

Zaire20 March 199027 September 199027 October 1990

Zambia30 September 1990 5 December 1991 5 January 1992

Zimbabwe 8 March 199011 September l99011 October 1990

Annex II

MEMBERSHIP OF THE COMMITTEE ON THE RIGHTS OF THE CHILD

NameCountry of nationality

Mrs. Hoda Badran* Egypt

Mgr. Luis A. Bambaren Gastelumendi**Peru

Mrs. Akila Belembaogo**Burkina Faso

Mrs. Flora C. Eufemio*Philippines

Mr. Thomas Hammarberg**Sweden

Mr. Youri Kolosov**Russian Federation

Miss Sandra Prunella Mason**Barbados

Mr. Swithun Tachiona Mombeshora*Zimbabwe

Mrs. Marta Santos Pais*Portugal

Mrs. Marilia Sardenberg Zelner Gonçalves*Brazil

 * Term expires on 28 February 1997

** Term expires on 28 February 1995

Annex III

STATUS OF SUBMISSION OF REPORTS BY STATES PARTIES UNDER ARTICLE 44

OF THE CONVENTION ON THE RIGHTS OF THE CHILD

Initial reports due in 1992

StateDate of entryInitial reportDate ofSymbol

partyinto forcedate duesubmission

Bangladesh 2 September 1990 1 September 1992

Barbados 8 November 1990 7 November 1992

Belarus31 October 199030 October 199212 February 1993CRC/C/3/Add.14

Belize 2 September 1990 1 September 1992

Benin 2 September 1990 1 September 1992

Bhutan 2 September 1990 1 September 1992

Bolivia 2 September 1990 1 September 199214 September 1992 CRC/C/3/Add.2

Brazil24 October 199023 October 1992

Burkina

  Faso30 September 199029 September 1992 7 July 1993CRC/C/3/Add.19

Burundi18 November 199017 November 1992

Chad 1 November 199031 October 1992

Chile12 September 199011 September 199222 June 1993CRC/C/3/Add.18

Costa Rica20 September 199020 September 199228 October 1992CRC/C/3/Add.8

Democratic

  People's

  Republic

  of Korea21 October 199020 October 1992

Ecuador 2 September 1990 1 September 1992

Egypt 2 September 1990 1 September 199223 October 1992CRC/C/3/Add.6

El Salvador 2 September 1990 1 September 1992 3 November 1992CRC/C/3/Add.9

France 6 September 1990 5 September 1992 8 April 1993CRC/C/3/Add.15

Gambia 7 September 1990 6 September 1992

Ghana 2 September 1990 1 September 1992

Grenada 5 December 1990 4 December 1992

Guatemala 2 September 1990 1 September 1992

Guinea 2 September 1990 1 September 1992

Guinea-

  Bissau19 September 199018 September 1992

Holy See 2 September 1990 1 September 1992

Honduras 9 September 1990 8 September 199211 May 1993CRC/C/3/Add.17

Indonesia 5 October 1990 4 October 199217 November 1992CRC/C/3/Add.10

Kenya 2 September 1990 1 September 1992

Mali20 October 199019 October 1992

Malta30 October 199029 October 1992

Initial reports due in 1992 (continued)

StateDate of entryInitial reportDate ofSymbol

partyinto forcedate duesubmission

Mauritius 2 September 1990 1 September 1992

Mexico21 October 199020 October 199215 December 1992 CRC/C/3/Add.11

Mongolia 2 September 1990 1 September 1992

Namibia30 October 199029 October 199221 December 1992 CRC/C/3/Add.12

Nepal14 October 199013 October 1992

Nicaragua 4 November 1990 3 November 1992

Niger30 October 199029 October 1992

Pakistan12 December 199011 December 199225 January 1993CRC/C/3/Add.13

Paraguay25 October 199024 October 199230 August 1993CRC/C/3/Add.22

Peru 4 October 1990 3 October 199228 October 1992CRC/C/3/Add.7

Philippines 20 September 1990 19 September 1992 21 September 1993 CRC/C/3/Add.23

Portugal21 October 199020 October 1992

Romania28 October 199027 October 199214 April 1993CRC/C/3/Add.16

Russian

 Federation 15 September 1990 14 September 1992 16 October 1992CRC/C/3/Add.5

Saint Kitts

  and Nevis 2 September 1990 1 September 1992

Senegal 2 September 1990 1 September 1992

Seychelles 7 October 1990 6 October 1992

Sierra Leone 2 September 1990 1 September 1992

Sudan 2 September 1990 1 September 1992 29 September 1992 CRC/C/3/Add.3

and

 CRC/C/3/Add.20

Sweden 2 September 1990 1 September 1992 7 September 1992 CRC/C/3/Add.1

Togo 2 September 1990 1 September 1992

Uganda16 September 1990 15 September 1992

Uruguay20 December 199019 December 1992

Venezuela13 October 199012 October 1992

Viet Nam 2 September 1990 1 September 1992 30 September 1992 CRC/C/3/Add.4

 and

 CRC/C/3/Add.21

Zaire27 October 199026 October 1992

Zimbabwe11 October 199010 October 1992

Initial reports due in 1993

StateDate of entryInitial reportDate ofSymbol

partyinto forcedate duesubmission

Angola 4 January 1991 3 January 1993

Argentina 3 January 1991 2 January 199317 March 1993CRC/C/8/Add.2

Australia16 January 199115 January 1993

Bahamas22 March 199121 March 1993

Bulgaria 3 July 1991 2 July 1993

Colombia27 February 199126 February 199314 April 1993CRC/C/8/Add.3

Côte

  d'Ivoire 6 March 1991 5 March 1993

Croatia 7 November 1991 6 November 1993

Cuba20 September 1991 19 September 1993

Cyprus 9 March 1991 8 March 1993

Denmark18 August 199117 August 199314 September 1993 CRC/C/8/Add.8

Djibouti 5 January 1991 4 January 1993

Dominica12 April 199111 April 1993

Dominican

  Republic11 July 199110 July 1993

Estonia20 November 199119 November 1993

Ethiopia13 June 199112 June 1993

Finland20 July 199119 July 1993

Guyana13 February 199112 February 1993

Hungary 6 November 1991 5 November 1993

Israel 2 November 1991 1 November 1993

Italy 5 October 1991 4 October 1993

Jamaica13 June 199112 June 1993

Jordan23 June 199122 June 199325 May 1993CRC/C/8/Add.4

Kuwait20 November 199119 November 1993

Lao People's

  Democratic

  Republic 7 June 1991 6 June 1993

Lebanon13 June 199112 June 1993

Madagascar18 April 199117 May 199320 July 1993CRC/C/8/Add.5

Malawi 1 February 199131 January 1993

Maldives13 March 199112 March 1993

Mauritania15 June 199114 June 1993

Myanmar14 August 199113 August 199321 September 1993 CRC/C/8/Add.9

Nigeria19 May 199118 May 1993

Norway 7 February 1991 6 February 199330 August 1993CRC/C/8/Add.7

Panama11 January 199110 January 1993

Poland 7 July 1991 6 July 1993

Initial reports due in 1993 (continued)

StateDate of entryInitial reportDate ofSymbol

partyinto forcedate duesubmission

Republic

  of Korea20 December 199119 December 1993

Rwanda23 February 199122 February 199330 September 1992 CRC/C/8/Add.1

San Marino25 December 199124 December 1993

Sao Tomé and

  Principe13 June 199112 June 1993

Spain 5 January 1991 4 January 199310 August 1993CRC/C/8/Add.6

Sri Lanka11 August 199110 August 1993

Ukraine27 September 1991 26 September 1993

United

  Republic of

  Tanzania10 July 1991 9 July 1993

Yemen31 May 199130 May 1993

Yugoslavia 2 February 1991 1 February 1993

Initial reports due in 1994

StateDate of entryInitial reportDate ofSymbol

partyinto forcedate duesubmission

Albania28 March 199227 March 1994

Austria 5 September 1992 4 September 1994

Azerbaijan12 September 1992 11 September 1994

Bahrain14 March 199214 March 1994

Belgium15 January 199214 January 1994

Bosnia and

  Herzegovina 6 March 1992 5 March 1994

Canada12 January 199211 January 1994

Cambodia14 November 199215 November 1994

Cape Verde 4 July 1992 3 July 1994

Central

  African

  Republic23 May 199223 May 1994

China 1 April 199231 March 1994

Czech

  Republic 1 January 199331 December 1994 8 February 1993 CRC/C/11/Add.1

Equatorial

  Guinea15 July 199214 July 1994

Germany 5 April 1992 4 May 1994

Iceland27 November 199226 November 1994

Ireland28 October 199227 October 1994

Latvia14 May 199213 May 1994

Lesotho 9 April 1992 8 April 1994

Lithuania 1 March 199228 February 1994

Slovakia 1 January 199331 December 1994

Initial reports due in 1994 (continued)

StateDate of entryInitial reportDate ofSymbol

partyinto forcedate duesubmission

Slovenia 5 August 1992 5 August 1994

Thailand26 April 199225 April 1994

Trinidad

  and Tobago 4 January 1992 3 January 1994

Tunisia29 February 199228 February 1994

United

  Kingdom

  of Great

  Britain and

  Northern

  Ireland15 January 199214 January 1994

Zambia 5 January 1992 4 January 1994

Initial reports due in 1995

StateDate of entryInitial reportDate ofSymbol

partyinto forcedate duesubmission

Algeria16 May 199315 May 1995

Antigua and

  Barbuda 4 November 1993 3 November 1995

Armenia23 July 199322 July 1995

Cameroon10 February 1993 9 February 1995

Comoros22 July 199321 July 1995

Fiji12 September 1993 11 September 1995

Greece10 June 1993 9 June 1995

India11 January 199310 January 1995

Liberia 4 July 1993 3 July 1995

Libyan Arab

Jamahiriya15 May 199314 May 1995

Micronesia 4 June 1993 3 June 1995

Monaco21 July 199320 July 1995

Morocco21 July 199320 July 1995

New

  Zealand 6 May 1993 5 May 1995

Papua

  New Guinea31 March 199331 March 1995

Rep. of

  Moldova25 February 199324 February 1995

Saint Lucia16 July 199315 July 1995

Suriname31 March 199331 March 1995

Syrian Arab

  Republic14 August 199313 August 1995

Turkmenistan 20 October 199319 October 1995

Vanuatu 6 May 1993 5 August 1995

Annex IV

MESSAGE OF THE COMMITTEE ON THE RIGHTS OF THE CHILD

FOR INTERNATIONAL DAY FOR THE ERADICATION OF POVERTY,

17 OCTOBER

1.The Committee on the Rights of the Child welcomes the United Nations General Assembly's decision to declare 17 October each year as "International Day for the Eradication of Poverty". It wishes to associate itself with the events that will take place throughout the world and in the United Nations in observance of that day, one that the poorest themselves have observed since 1987 as World Day for Overcoming Extreme Poverty.

2.On this occasion, the Committee wishes to support all those who are waging a campaign throughout the world to put an end to poverty and destitution, and to support in particular the poorest children themselves and their families, who are the first to reject poverty by their day-to-day efforts.

3.The Committee expresses its profound concern at persistent and increasing poverty in the world, encountered in differing degrees both in the developed and industrialized countries and in the developing countries, and suffered by millions of human beings. It considers that extreme poverty is a violation of the fundamental rights and an affront to the human dignity of those affected, particularly children, who are the first victims.

4.The Committee wishes to affirm that the poorest are not always responsible for the poverty in which they live, any more than the poor countries alone are responsible for the poverty of their people.

5.On the eve of the International Year of the Family, the Committee draws attention, as emphasized in the Convention on the Rights of the Child, to the importance of the family for the harmonious development of the child and respect for his rights. It trusts that the year will mark an opportunity to do everything possible to make sure that the family can fully play its role in the realization of the rights of children, regardless of the material conditions in which the family is condemned to live, and that the poorest children will not be deprived of the right to grow up with their family because of extreme poverty.

6.The Committee, recalling that the Convention on the Rights of the Child was adopted by the international community to safeguard the rights of children, regardless of their status, pays tribute to the courage of children and their parents who are living in poverty and to their daily efforts to overcome it; urges States, intergovernmental and non-governmental organizations, communities and all human beings to work and unite to put an end to poverty, which is a source of negligence, abuse and exploitation in many forms, such as the sale, trafficking, slavery, and sexual and economic exploitation of children; encourages the creation of meeting places and pathways to friendship between children, from all countries and all walks of life, so that, together, learning to know and respect each other, they will help to build a world in which all children have the same chances.

Annex V

OPENING STATEMENTS ON THE DAY OF GENERAL DISCUSSION

ON THE ECONOMIC EXPLOITATION OF CHILDREN

(4 October 1993)

1. Statement by Mrs. Marta Santos Pais

The Committee on the Rights of the Child attaches decisive importance to the promotion of awareness and dissemination of information on the Convention. For this reason, and in order to emphasize a deeper understanding of the content and implications of its provisions, the Committee has decided to devote one day of its regular sessions to a general discussion on a specific article or theme covered by the Convention.

Following its first experience, on the situation of children in armed conflicts, the Committee decided to consider at its fourth session the question of "Economic exploitation of children" - a complex reality which, while underlying the vulnerability of children, openly emphasizes the holistic nature of their rights and the urgency of the implementation of those same rights. By the same token, the study of this reality reaffirms the need for integrated and concerted action by Governments, United Nations and other competent bodies active in the field of the rights of the child, in a determined way, showing how indispensable it is to promote, like the World Conference on Human Rights recently reaffirmed, a comprehensive national approach together with a regular review and monitoring by all relevant organizations and mechanisms of the United Nations system of their policies on children.

It seems important to start the theme day's discussion by addressing some preliminary questions:

1.What is the scope of our study, that is, what should be understood by the expression "economic exploitation", used in article 32 of the Convention on the Rights of the Child?

2.To what extent can we dissociate situations of economic exploitation from the consideration of the child as the central subject, unfortunately also the central victim?

3.How closely interrelated are the situations of economic exploitation of children with the deprivation of their fundamental rights, and how relevant are the general principles of the Convention - namely non-discrimination, best interests of the child and the child's participation - to bring these situations to an end?

First, what is meant by "economic exploitation"? The Convention does not provide us with a definition; a conceptual approach may thus shed some light. This expression combines two distinct elements: economic and exploitation.

Economic implies the idea of a certain gain or profit through the production, distribution and consumption of goods and services. This material interest has an impact on the economy of a certain unit, be it the State, the community or the family.

For its part, exploitation means taking unjust advantage of another for one's own advantage or benefit. It covers situations of manipulation, misuse, abuse, victimization, oppression or ill-treatment.

If we take the Convention as the framework for our approach, we will recognize the existence of a material interest in activities such as child labour, child pornography or the use of children for criminal activities, as in the case of drug trafficking. On the other hand, we are confronted with a situation of exploitation essentially when the human dignity of the child or the harmonious development of the child's personality is not respected - situations such as the sale of children, child bondage or child prostitution.

Combining the two elements, it is important to recognize that, although there is a large area of coincidence, not all activities where an economic element prevails are necessarily exploitive. In fact, in view of the general definition of the child in article 1 of the Convention as a person below the

age of 18 years, situations of licit work may arise if due regard is taken of the relevant provisions of international instruments, for instance, according to ILO Convention No. 138, light work may be performed at the age of 13.

This conceptual approach may therefore be a relevant guiding principle in trying to define the scope of our discussion on economic exploitation.

Second, there is often a temptation to emphasize the situation of poverty, underdevelopment or the external debt of a country as root causes, and in fact the main justification, for the inevitable existence of activities where the child becomes more vulnerable to exploitation.

The fight for survival leads the child to feel a need to contribute to the family income. The family cannot but encourage such a contribution. The community at large accepts it as a "needed evil". The child is seen solely, if ever recognized, as a simple element within the overall system, where economic challenges are given priority and the human place is undermined.

Such an approach, together with the fact that the activities in which children often engage are illicit and clandestine, contribute to public apathy and to the growing marginalization of the child. But can children be forgotten until poverty and development problems are overcome?

There is an urgent need to reassess the whole reality, respecting the dignity and individuality of the child, ensuring the effective realization of his or her rights, changing deprivation into solidarity, discrimination and vulnerability into participation and equity. Bringing the child into the centre of all development strategies. Only then will it be possible to envisage appropriate policies and to adopt necessary measures to combat situations of economic exploitation in the light of the best interests of the child.

Finally, it is important to be alert to the close relationship between the realization of the rights of the child and the eradication of situations of economic exploitation. Such a relationship will help us to envisage strategies and find solutions to the problems we may face. In fact, we need first to know the extent of the problem. No one really knows how many children are involved in situations of economic exploitation. Being often illicit, activities are developed in a hidden environment. Statistics and indications are lacking.

However, the compulsory registration of children after birth enables the identification of their age for those who are working, those who go to school, those who are forced to marry at an early age, those who are entitled to benefit from a special protection in view of their age or vulnerability. The definition of the child thus gains additional relevance.

We also need to bring what is invisible into the light. If awareness is created about the rights of children, it becomes easier to break the curtain of silence and public apathy. Children themselves will learn about their rights, including the rights to play, to study, to take rest, and will become aware of the risks they face in the activities they develop. Information becomes an essential tool for prevention!

We further need to establish an effective system of protection to prevent vulnerability, marginalization and discrimination. This can be done through a legislative system, which places the authority of the State behind the protection of children and envisages the child as a victim and not as a perpetrator; through a system of compulsory and free education which enables the development of the child's personality, talents and mental and physical abilities to their fullest potential; through the establishment of bodies, like the ombudsperson, entrusted with the task of protecting and assisting the child, including through access to places where the child might be exploited, and a system of free legal aid.

Finally, we need to envisage a system of physical and psychological recovery and social reintegration of any exploited or abused child.

Today's discussion will undoubtedly contribute to better realising the importance of the Convention on the Rights of the Child in addressing all these questions and in envisaging effective strategies to bring situations of economic exploitation to an end.

With our combined efforts we cannot but expect a new impetus to be given to this crucial question.

2. Statement by Mr. Thomas Hammarberg

This Committee has so far received 31 reports from Governments of which a third now have been analysed in depth. It is too early to talk about trends and patterns. However, it is clear that economic exploitation of children is a major concern in both poor and rich countries.

The exploitation may take the form of hazardous child labour or even child slavery. Child prostitution is one example which now appears to be on the increase. Sales of children occur for such purposes but also within a market for adoptions. There is a demand and a supply aspect to all these phenomena. The supply of children for exploitation has several causes, but a major one is poverty.

Poverty is no longer limited to the developing countries. Segments of the population are poor in the industrialized countries as well. This has contributed to making exploitation of children a global problem.

Some years ago, UNICEF argued for structural adjustment with a human face. The idea was that, though economic reforms were necessary, not least to give children a more secure future, the measures taken must have a human dimension. The burden to compensate for earlier economic mismanagement should not be put on today's children. Budget cuts which undermine primary health care and primary education would be unfair (and short-sighted). However, this is precisely what seems to be happening now, as Governments in country after country seek their way out of the recession.

"Costa Rica is no longer a welfare state", said a Costa Rican government representative in this room the other day. In its report that Government wrote the following:

"In social matters, the measures adopted because of the 1980s crisis of principles have had serious consequences such as: (a) a widening of the social gaps and the regional imbalances; (b) changes in the organization of the family, particularly among the weaker groups, due to the need for more family members to have recourse to the labour market; (c) a reduction in State investment in major social programmes, and (d) the difficulty of adopting State institutions to meet new demands and needs of the poorest groups."

Costa Rica is not unique in this regard. Children have been the prime victims of both the economic crisis and the sweeping measures to reform and balance the economy in several countries. It is mostly the already disadvantaged children who are victimized. That came through in reports from Viet Nam, Russia and Sweden.

When political leaders met in New York three years ago for the World Summit for Children, they also discussed this problem. They stated that structural adjustments were necessary to promote economic growth. However, such measures should be taken "while ensuring the well-being of the most vulnerable sectors of the population, in particular the children".

Our impression is that that pledge has not been honoured. Our discussion here today will focus on violations, which are partly consequences of that failure.

A key article in the Convention - article 4 - states that Governments should implement the economic, social and cultural rights of the child "to the maximum extent of their available resources". We are not convinced that any Government which has reported to us has managed to show that it has lived up to that obligation.

The whole point of the concept of the rights of the child is that there is an obligation to meet the child's needs. It is not sufficient to give children what remains when other interests have already been met. If children had a voice they would, rightly and repeatedly, criticize adult society for hypocrisy.

Article 4 also prescribes international cooperation. However, assistance from donor countries is now reduced - when it is most needed. Again, if children had a voice they would protest.

All this is a question of attitudes and values. I already mentioned that the word "right" has a particular meaning; it means rights, not "do not completely forget". Another problem is that children are seen only as a cost in the budget discussion, not as an investment possibility for a better future.

We would like to challenge the international financial institutions, the development agencies and all Governments to review their policies and programmes in the light of the Convention on the Rights of the Child.

We are also proposing that reports about the situation of children - and their rights - form an important basis for future intergovernmental discussions about international cooperation and, in particular, development assistance.

3. Statement by Mrs. Akila Belembaogo

The consideration of the first initial reports submitted by the Governments of the States parties to the Convention on the Rights of the Child justifies the choice made by the Committee on the Rights of the Child of the topic for our meeting today. Indeed, the economic exploitation of children is gaining ground in most countries, whether developed or developing, and takes on very diverse forms, depending on the situation in which the child lives and the economic conditions in the child's country. The social repercussions are felt by the child, the family and society at large. They seriously affect the child's situation and his future.

The problems that arise are the following: When is a child to be regarded as being exploited? What are the social aspects of this exploitation? What should be done to make sure that a child is not exploited, that he has a normal childhood and that he becomes an adult under normal conditions? What is it that forces a child to work?

These questions seem all the more important in that, increasingly, recognition is being given to the child's responsibility and to his participation, but at the same time to protecting him as someone who is still vulnerable and, consequently, stands in need of special assistance and attention. The child should therefore be taught to take on his responsibility as a future adult, member of the family and citizen of society. Accordingly, to educate the child, the parents usually start the boy or girl on a number of activities in the family, even more so in the case of a girl, whose social status depends on this. Yet the bounds of this upbringing are not always properly observed. Thus, at some point the child becomes an integral part of the family workforce and a source of income for the family. Furthermore, the socio-cultural context, extreme poverty, irresponsibility on the part of the parents, the lack of any opportunity to develop because of parental problems such as divorce, separation or death, or again, imprisonment of the father; the persistence of certain customs involving abandonment of the child, and the flight to the cities, are conditions such that the child joins the workforce, particularly in the informal sector, at an early age in order to look after himself or contribute to a family that is in financial difficulties. These situations also make for special psychological constraints on the child. Generally speaking, working in the informal sector means working to survive, and rarely to build a future. There are no statistics to prove that children working at an early age under harsh conditions manage to start a home and family one day and lead a proper life. Perhaps ILO could shed some light for us on this particular matter. Without social protection, most children work in conditions which endanger their lives, whether in searching for gold by traditional methods or working down mines, in factories, in craft industries, at home or in the fields. They lose any chance of attending school, of an education and of leisure activity.

Pornography, prostitution, the sex industry, drugs, the new forms of sale and enslavement are becoming sources of economic exploitation of children. My question is: What social and legal protection can we provide for children growing up in bars or in dens of iniquity? Yet, with the spread of AIDS, adults have tried a new tactic which consists in finding increasingly younger children so as to protect their own health. These are children sacrificed for the "pleasure" of adults.

Domestic work in families is rarely taken into account in statistics on the active population or on working children. Whether they are from the members of the family or not, child domestics experience special problems tied in with their complete subordination and with lack of privacy. Girls are the victims of incest, rape and sexual abuse. National labour laws on domestic staff rarely reach out to them, for they are not identified as being in wage-earning employment. If they are paid, the pay is no more than an allowance collected by their parents, who live in need. Often, the girl receives no pay, because it is simply a family arrangement to make her ready for her future as a submissive wife.

Again, in some countries, historical, environmental and socio-cultural factors have encouraged prostitution. For example, towns and villages with military camps and barracks are places that have fomented this and made it worse. The persistence of some customs such as abandoning and casting out young girls who become pregnant before marriage ensnares girls in prostitution, exploitation of their bodies and subjection, since it is the only way out for them.

The situation is all the more disturbing in that social customs are deteriorating, the extended family is breaking up, individualism is taking over from family and national solidarity. In the circumstances, children are less and less inclined to appreciate the ideas of marriage, the family and the future.

In most developing countries, statistics show that children, particularly those under 15 years of age, make up the larger part of the population.

Despite government efforts, development programmes primarily concern the regions, mostly urban or semi-urban, and the privileged population. Civil and criminal social legislation to protect children, where it does exist, is either insufficient or runs into serious difficulties in implementation. Population growth defies Governments which have opted for birth control policies, for it brings them face to face with serious socio-cultural and religious obstacles.

Although they contribute to the economic expansion of their countries, children, including those from minority or disadvantaged groups, do not always benefit from the spin-off of development. Society's toleration of child labour, the resignation and the utter belief of parents in fate, and lack of awareness and ignorance in particular, make the strategies to protect children who work even more complicated.

The implementation of the Convention on the Rights of the Child, the ILO Conventions on child labour and international human rights treaties in general must be the leitmotiv of any development programme.

These are the concerns and questions raised by the social aspects of the economic exploitation of children that I would put before the participants in this meeting, in the hope that they will be among the focal points of the discussion and that the debate will lead to appropriate recommendations.

Annex VI

STATEMENT ON THE ECONOMIC EXPLOITATION OF CHILDREN

Children are exploited in all parts of the world today. More than 100 million children are forced into jobs destroying their health or preventing them from going to school. In some cases their conditions amount to slavery.

The United Nations Committee on the Rights of the Child has received reports indicating that children in several countries are exposed to new and more severe risks, particularly in the unregulated informal sector, the tourist economy and in agriculture. It therefore convened a special meeting at Geneva during its session ending on 8 October 1993 to discuss the problem of economic exploitation of children.

The International Labour Organisation, United Nations Children's Fund, World Health Organization and other United Nations bodies delivered reports as did non-governmental representatives from several countries including India, the Ivory Coast, Nepal, and Peru. Through video-filmed reports there were also accounts from children working under difficult circumstances in, for instance, Colombia, Egypt, the Philippines and the United States of America.

After the discussion the Committee took the following decisions:

1.The Committee invites financial institutions, including the World Bank and the International Monetary Fund, to a discussion about the need to protect the rights of the child in programmes of economic reform.

When analysing States' reports, the Committee noted that groups of children in both poor and rich countries have been victimized by sweeping measures to curb inflation and encourage economic growth. Social allocations have been cut in drastic proportion.

This has caused new poverty. Groups of vulnerable children, in particular, have been made to suffer: the girl child, the disabled, minority ethnic groups, orphans, displaced and refugee children.

Political leaders who met three years ago for the World Summit for Children stated that measures for structural adjustment should be undertaken without undermining the well-being of children.

The Convention on the Rights of the Child states that Governments should implement the economic, social and cultural rights of the child "to the maximum extent of their available resources". The Committee is not convinced that any government fully lives up to that ambition today.

There is an urgent need for a discussion on how children can be protected in programmes of economic reform. International, regional and national financial institutions have a role to play in this endeavour.

2.The Committee recommends that the United Nations Educational, Scientific and Cultural Organization take the lead in an international effort to make school education a real and effective alternative to exploitative child labour, including child prostitution.

Education policy should be reviewed in several countries in order to offer a genuine right to all children to go to school. Primary education should be compulsory and free of charge. No one should be prevented from going to school because of poverty. School hours should be flexible and adapted to the real needs of the child, especially in rural areas.

The teaching in the schools should be meaningful, the pedagogic methods child friendly and respectful of the dignity of the child.

National development programmes should give priority to giving each child access to a good school. International cooperation is important in this regard, support from agencies like the United Nations Educational, Scientific and Cultural Organization and the United Nations Children's Fund crucial.

3.The Committee recommends that all Governments ratify promptly the International Labour Organisation standards on minimum age and on conditions of employment. These international norms should also be incorporated into national legislation - and be enforced.

The laws in many countries do not give protection against economic exploitation of children. In other cases the legislation is consistent with international standards but is not enforced. A system for inspection of work places is needed in each country. Also, the informal sector of the economy should be systematically controlled.

The cynicism which has made large-scale exploitation of children possible must now be effectively countered. Violations of the rights of working children should be penalized. Child prostitution must be severely criminalized; intermediaries, accomplices and "clients" should be penalized. Child pornography should be banned.

The Committee welcomes the fact that the International Criminal Police Organization has given attention to these issues and recommends new initiatives for combating corruption within police forces which in some countries seems to have undermined effective measures against such crimes. International organizations should support non-governmental groups which actively combat exploitation of children.

The Committee furthermore decided to appoint a subcommittee to follow up on the recommendations made during the discussion with the United Nations bodies and the non-governmental organizations. It will present recommendations to the Committee in mid-November. The members of the subcommittee are Mgr. Luis Bambaren Gastelumendi (Peru), Mrs. Akila Belembaogo (Burkina Faso), Mr. Thomas Hammarberg (Sweden) and Mrs. Marta Santos Pais (Portugal).

Annex VII

LIST OF DOCUMENTS ISSUED FOR THE FOURTH SESSION OF THE COMMITTEE

CRC/C/2/Rev.2Reservations, declarations and objections relating to the Convention on the Rights of the Child

CRC/C/3/Add.7Initial report of Peru

CRC/C/3/Add.8Initial report of Costa Rica

CRC/C/3/Add.9Initial report of El Salvador

CRC/C/3/Add.10Initial report of Indonesia

CRC/C/3/Add.20Additional report of Sudan

CRC/C/3/Add.21Additional report of Viet Nam

CRC/C/8/Rev.2Note by the Secretary-General listing initial reports due in 1993

CRC/C/11/Rev.2Note by the Secretary-General listing initial reports due in 1994

CRC/C/15/Add.7Preliminary observations

CRC/C/15/Add.8Concluding observations

CRC/C/17Provisional agenda and annotations

CRC/C/18Note by the Secretary-General on the States parties to the Convention and the status of submission of reports

CRC/C/19Compilation of conclusions and recommendations

CRC/C/SR.75-104Summary records of the fourth session

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