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