Distr.

GENERAL

CRC/C/24

8 March 1994

ENGLISH

Original: ENGLISH/FRENCH

COMMITTEE ON THE RIGHTS OF THE CHILD

Fifth session

Geneva, 10-28 January 1994

Report adopted by the Committee at its 130th meeting,

on 28 January 1994

COMMITTEE ON THE RIGHTS OF THE CHILD

Report on the fifth session

(10-28 January 1994)

CONTENTS

ChapterParagraphs Page

I.CONCLUSIONS AND RECOMMENDATIONS ADOPTED BY THE

COMMITTEE ON THE RIGHTS OF THE CHILD 4

II.ORGANIZATIONAL AND OTHER MATTERS 1 - 177

A.States parties to the Convention 1 - 27

B.Opening and duration of the session 37

C.Membership and attendance 4 - 87

D.Agenda 98

E.Pre-sessional working group 10 - 149

F.Organization of work 159

G.Future meetings 16 - 179

GE.94-15734 (E)

CONTENTS (continued)

ChapterParagraphs Page

III.REPORTS BY STATES PARTIES UNDER ARTICLE 44 OF

THE CONVENTION 18 - 12311

A.Submission of reports 1811

B.Consideration of reports 19 - 12311

1.Concluding observations: Mexico 26 - 4412

2.Concluding observations: Namibia 45 - 6615

3.Preliminary observations: Colombia 67 - 8218

4.Concluding observations: Romania 83 - 10521

5.Concluding observations: Belarus 106 - 12324

IV.OVERVIEW OF THE OTHER ACTIVITIES OF

THE COMMITTEE . 124 - 18228

A.Cooperation with United Nations bodies 124 - 15828

1.Informal meeting on cooperation with

United Nations bodies 124 - 13628

2.System of information and

documentation 137 - 14830

3.Education on human rights and

children's rights 149 - 15832

B.Action taken by the General Assembly and

cooperation with the Sub-Commission on

Prevention of Discrimination and Protection

of Minorities 159 - 16834

1.Action taken by the General Assembly

at its forty-eighth session 159 - 16134

2.Cooperation with the Sub-Commission

on Prevention of Discrimination and

Protection of Minorities 162 - 16835

C.Cooperation with Interpol 169 - 17536

CONTENTS (continued)

ChapterParagraphs Page

D.Follow-up to the general discussion on the

economic exploitation of children 176 - 17737

Recommendations concerning economic

exploitation of children 38

E.Future day of general discussion 178 - 18243

V.DRAFT PROVISIONAL AGENDA FOR THE SIXTH SESSION 18344

VI.ADOPTION OF THE REPORT 18445

Annexes

I.States which have ratified or acceded to the Convention

on the Rights of the Child as at 20 December 1993 (154) 46

II.Membership of the Committee on the Rights of the Child 51

III.Status of submission of reports by States parties under

article 44 of the Convention on the Rights of the Child 52

IV.General discussion on the economic exploitation of

children 61

V."Role of the family in the promotion of the rights of

the child" (Outline of issues to be raised during the

general discussion on the topic) 63

VI.List of documents issued for the fifth session of the

Committee . . . . . 65

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 that the Convention on the Rights of the Child has become, within an exceptionally short period, the international human rights instrument with the largest number of ratifications, demonstrating the international community's special commitment to the promotion and protection of the rights of children,

Concerned about the workload of the Committee and the risk of building up an undesirable backlog in the consideration of State party reports submitted pursuant to article 44 of the Convention,

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

Recalling also 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 ratifications and subsequent submission of country reports,

Convinced that having an adequate amount of time for the meetings of the Committee is a vital factor in ensuring the continued effectiveness of the Committee in future years,

1.Requests the Secretary-General to convene a Meeting of the States Parties to the Convention on the Rights of the Child, in advance of or during the course of the forty-ninth session of the General Assembly, with a view to reviewing, pursuant to paragraph 10 of article 43 of the Convention, the duration of the meetings of the Committee;

2.Further requests, in accordance with the above-mentioned provision of the Convention, the States parties to determine that the number of annual sessions of the Committee as from 1995, as well as the number of sessions of the working group established to conduct a preliminary review of State party reports and to consider questions relating to technical assistance and international cooperation, should be increased to three;

3.Requests the General Assembly at its forty-ninth session to approve any such determination that may be adopted by the States parties;

4.Decides to fix the dates of such third regular session and of its pre-sessional working group in consultation with the Secretary-General, taking into account the calendar of conferences as approved by the General Assembly.

2. Organization of work - special session

of the Committee in 1994

The Committee on the Rights of the Child,

Noting the previous conclusions and recommendations it has adopted in order to ensure effectiveness to its work and prevent the building up of an undesirable backlog in the consideration of States parties' reports,

Stressing the need to adopt urgent and adequate solutions to meet the high expectations created by the Convention on the Rights of the Child and its system of implementation,

Recalling in particular the decision adopted at its fourth session to convene a special session of the Committee in 1994, in accordance with rule 3 of its rules of procedure,

Noting that, pursuant to article 44, paragraph 5, of the Convention, and in accordance with rule 64 of its rules of procedure, the Committee will submit to the General Assembly, through the Economic and Social Council, every two years, reports on its activities,

Recalling that the biennial report of the Committee will only be examined during the forty-ninth session of the General Assembly, to take place at the end of 1994,

Reaffirms the decisive importance and urgency of holding such a special session in 1994, preceded by a pre-sessional working group meeting, as an essential measure in facing its workload in an effective and expeditious manner, in the light of the recommendations of the World Conference on Human Rights.

3. 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 an effective dialogue with other human right bodies on common issues and problems,

Recalling the Vienna statement adopted by the international human rights treaty bodies (A/CONF.157/TBB/4), which stressed the need to accord high priority to efforts designed to promote greater coordination among the various international treaty bodies,

Further recalling the recommendation adopted by 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,

Reaffirming the need to provide the Committee with adequate resources to enable it to develop effective communication and dialogue with other human rights bodies and to participate effectively in United Nations meetings relevant to its work,

1.Decides to be represented at, and to that end to closely follow, the preparatory process of the World Summit for Social Development, to take place in March 1995, in Denmark, as well as of the World Conference on Women, to take place in Beijing in 1995;

2.Also decides to be represented by two of its members at the International Conference on Population Development, to be held in Cairo in September 1994;

3.Reaffirms the fundamental importance it attaches to its participation in the meeting of experts on the application of international standards concerning the human rights of detained juveniles, to be organized in Geneva in 1994, in the light of resolution 1993/80 adopted by the Commission on Human Rights, and recalls in this regard the recommendations formulated by the Committee in the framework of the consideration of States parties' reports;

4.Decides to follow closely the general discussions to be held by the Committee on Economic, Social and Cultural Rights in 1994, on "the role of social safety nets as a means of protecting economic, social and cultural rights, with particular reference to situations involving major structural adjustment and/or transition to a free market economy" and on "human rights education and public information", and stresses the important attention it has given to these areas, namely in the framework of its dialogue with States parties.

II. ORGANIZATIONAL AND OTHER MATTERS

A. States parties to the Convention

1.As at 28 January 1994, the closing date of the fifth session of the Committee on the Rights of the Child, there were 154 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 fifth session at the United Nations Office at Geneva from 10 to 28 January 1994. The Committee held 26 meetings (105th to 130th). An account of the Committee's deliberations at its fifth session is contained in the relevant summary records (CRC/C/SR.105-130).

C. Membership and attendance

4.All members attended the fifth 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; Office of the United Nations High Commissioner for Refugees.

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

7.In addition, the International Criminal Police Organization was represented at the session.

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

Category I: International Movement ATD Fourth World, Soroptimist International, Zonta International.

Category II: Defence for Children International, Friends World Committee for Consultation (Quakers), International Association of Penal Law, International Catholic Child Bureau, International Federation of Women in Legal Careers, International Federation Terre des Hommes, International Service for Human Rights.

Roster: World Organization against Torture.

Others: Indigenous Peoples' Documentation Center (DOCIP), NGO Group for the Convention on the Rights of the Child, One World Productions.

D. Agenda

9.At its 105th meeting, on 10 January 1994, the Committee adopted the provisional agenda (CRC/C/21). The agenda of the fifth session, as adopted, was as follows:

 1.Adoption of the agenda.

 2.Organizational and other matters.

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

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

 5.Consideration of reports of States parties.

 6.System of documentation and information.

 7.Question of indicators.

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

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

10.Methods of work of the Committee.

11.Future meetings.

12.Other matters.

13.Biennial report of the Committee on its activities.

E. Pre-sessional working group

10.In accordance with the decision of the Committee at its first session, a pre-sessional working group met in Geneva from 15 to 19 November 1993. All members except Mrs. Marilia Sardenberg participated in the working group.

11.In the course of its meetings the pre-sessional working group examined lists of issues put before it by members of the Committee relating to the initial reports of the following five countries: Belarus, Colombia, France, Pakistan and Romania.

12.In addition, the working group had before it the lists of issues drawn up at the previous pre-sessional working group in relation to the initial reports of Mexico and Namibia, which had been kept in reserve as possible substitutes, for the fourth session of the Committee, and were subsequently scheduled for consideration at the fifth session.

13.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 Committee wishes to receive, if possible before the end of 1993, written answers to the issues raised in the list. 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 and the written answers to it available in advance of the Committee's session."

14.The working group also decided that it should, whenever possible, establish informal contacts with the Permanent Missions of States whose reports are scheduled for consideration at forthcoming sessions, in order to inform them of the procedure followed by the Committee for the consideration of reports and clarify the purposes of the dialogue it intends to conduct with the representatives of the States parties.

F. Organization of work

15.The Committee considered the organization of work at its 105th meeting, on 10 January 1994. The Committee had before it the draft programme of work for the fifth session, prepared by the Secretary-General in consultation with the Chairperson of the Committee, and the report of the Committee on its fourth session (CRC/C/20).

G. Future meetings

16.At its fourth session, the Committee, recognizing the need to adopt urgent and adequate solutions to enable it expeditiously and effectively to meet its mandate, had decided, in accordance with rule 3 of its provisional rules of procedure, to convene a special session of the Committee in 1994.

Accordingly, the sixth (special) session would take place from 5 to 22 April 1994 and the pre-sessional working group would meet from 31 January to 4 February 1994.

17.The tentative schedule for the Committee's meetings in 1994 is as follows:

Pre-sessional working group31 January to 4 February 1994

Sixth (special) session 5 to 22 April 1994

Pre-sessional working group25 to 29 April 1994

Seventh session26 September to 14 October 1994

Pre-sessional working group17 to 21 October 1994

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

A. Submission of reports

18.In connection with this item, the Committee had before it the following documents: (a) notes by the Secretary-General on initial reports by States parties due in 1992 (CRC/C/3), 1993 (CRC/C/8/Rev.2) and 1994 (CRC/C/11/Rev.3); (b) a note by the Secretary-General on the States parties to the Convention and the status of submission of reports (CRC/C/22); (c) a note by the Secretary-General on the status of consideration of reports (CRC/C/23). 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. 19-123 below) and those which had been received prior to the Committee's fourth session (see CRC/C/20, para. 19), the Secretary-General had received the initial reports of Jamaica (CRC/C/8/Add.12), Nicaragua (CRC/C/3/Add.25), Poland (CRC/C/8/Add.11) and Ukraine (CRC/C/8/Add.10, as well as additional information submitted by Peru (CRC/C/3/Add.24) and Indonesia (CRC/C/3/Add.26) following the requests made by the Committee in the course of its consideration of the initial reports submitted, respectively, by Peru (see CRC/C/20, para. 68) and Indonesia (ibid., para. 54).

B. Consideration of reports

19.At its fifth session, the Committee examined initial reports submitted by five States parties under article 44 of the Convention. It devoted 13 of its 26 meetings to the consideration of reports (CRC/C/SR.106-107, 109-110, 113-115, 120-122 and 124-126).

20.At the request of the Government of France, consideration of the initial report of France which was scheduled for the fifth session, was postponed.

21.The following reports, listed in the order in which they had been received by the Secretary-General, were before the Committee at its fifth session: Mexico (CRC/C/3/Add.11), Namibia (CRC/C/3/Add.12), Colombia (CRC/C/8/Add.3), Romania (CRC/C/3/Add.16), Pakistan (CRC/C/3/Add.13), Belarus (CRC/C/3/Add.14).

22.In the course of the session, the consideration of the initial report of Pakistan was postponed at the request of the Government of Pakistan. However, in view of the fact that a representative of the Government of Pakistan was present in Geneva, an informal meeting was held between the representative and some of the members of the Committee. This informal meeting provided the opportunity for the representative of Pakistan to submit written information in reply to the list of issues that had previously been sent to the Government of Pakistan, and for members of the Committee who attended the meeting to explain the procedure followed during the consideration of States parties' reports.

23.In accordance with rule 68 of the 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.

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

25.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. Concluding observations: Mexico

26.The Committee considered the initial report of Mexico (CRC/C/3/Add.11) at its 106th and 107th meetings (CRC/C/SR.106-107), held on 11 January 1994, and adopted* the following concluding observations:

(a)Introduction

27.The Committee notes with satisfaction the early ratification of the Convention and the timely submission of the initial report of Mexico. In particular, the Committee appreciates the comprehensiveness of the report, which contains detailed information on the legal framework within which the Convention is implemented. The Committee, however, notes with regret the lack of information on the factors and difficulties impeding the implementation of the various rights recognized in the Convention, as well as the insufficiency of information on the concrete effects of measures adopted.

28.The Committee welcomes the written information provided by the Government in reply to the questions set out in the list of issues (CRC/C/4/WP.3), which were communicated to it before the session. Furthermore, the supplementary information provided by the delegation and its knowledge of matters connected with the Convention made it possible to engage in an open and constructive dialogue. The Committee also notes with appreciation the fact that replies to a number of questions raised during the dialogue were sent in writing to the Committee shortly after the consideration of the report.

(b)Positive aspects

29.The Committee welcomes the efforts made by the State party in bringing domestic law into line with the Convention, through the enactment of new laws, the amendment of the Constitution and the adoption of programmes specifically aimed at promoting and protecting the rights of the child. Among these achievements was the adoption, following the World Summit for Children in 1990, of the National Programme of Action, which focused on the areas of health, education, basic sanitation and assistance to minors in especially difficult circumstances as well as the periodical evaluation of the National Programme of Action. Other welcome developments are the adoption of the Law on the Treatment of Juvenile Offenders and the incorporation in the Constitution of the right of everyone to education through the amendment of

_________

* At the 130th meeting, held on 28 January 1994.

its articles 3 and 31. The Committee also notes with interest the various activities undertaken by the National Human Rights Commission in the field of children's rights as well as the adoption of the National Development Plan and the Solidarity Programme aimed at solving the serious economic and social problems encountered by the country.

30.The Committee also notes with satisfaction the serious efforts undertaken to inform children with respect to the Convention and to encourage their participation in the implementation process through various innovative means.

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

31.The Committee takes note of the existing disparities in the country and the difficult economic and social situation of Mexico, characterized by a high level of foreign debt, the inadequacy of budgetary resources earmarked for essential social services benefiting children and the unequal distribution of the national wealth. These difficulties severely affect children, particularly those living in poverty and children belonging to minority groups or indigenous communities. The Committee also notes that the high level of violence in the society and within the family and the recent political violence connected with the uprising in the Chiapas region have a considerable negative impact on the situation of children in Mexico.

(d)Principal subjects of concern

32.The Committee expresses its concern at the fact that laws and regulations relevant to the enforcement of the rights of the child are not always compatible with the provisions of the Convention. It regrets that there is no provision in the national legislation relating to the best interests of the child or the prohibition of discrimination against children. Mere reference in the report to the Convention as being the "Supreme Law of the Land", pursuant to article 133 of the Constitution, should not preclude the Government from taking the necessary steps to fully harmonize national legislation with the provisions of the Convention, namely in the light of article 4 of the Convention. Similarly, the National Programme of Action adopted in 1990 and its enforcement machinery, based on the targets identified by the World Summit for Children, do not fully take into account the particularities of the Convention. Furthermore, similarly to the National Programme of Action adopted in 1990 and its enforcement machinery based on the targets identified by the World Summit for Children, a monitoring mechanism should be established to follow the implementation of the Convention.

33.The national legislation and practice should take into full consideration, in the light of article 5 of the Convention, the capacity of the child to exercise his or her rights, namely in the field of citizenship.

34.The Committee expresses its concern at the unequal distribution of the national wealth in the country and the disparities and discrepancies in the enforcement of the rights provided for under the Convention between the different regions of the country, to the detriment of rural children and children belonging to minorities or indigenous communities.

35.The Committee is troubled by the great number of complaints of ill-treatment of children attributed to the police and security or military personnel and is disturbed by the failure to take effective steps to punish those found guilty of such violations or to make public eventual punishments; this may lead to a feeling on the part of the population that impunity prevails and that it is therefore useless or dangerous to bring complaints before the competent authorities. The Committee is also preoccupied by the existence on a large scale of child abuse and violence within the family.

36.The Committee is worried at the lack of implementation, in practice, of the provisions of the Convention and domestic legislation relating to the administration of juvenile justice and the treatment of young offenders.

37.The Committee is alarmed at the large number of children who have been forced, in order to survive, to live and/or work in the streets. The exploitation of children as migrant workers is also of deep concern. Domestic law and its application in practice do not appear to be in conformity with the provisions of the Convention and relevant Conventions of the International Labour Organisation relating to the employment of minors.

38.A large percentage of children living in difficult circumstances, in particular children belonging to minorities or indigenous communities, appear to have left school without having been able to complete their primary education.

39.The Committee also notes with concern the high number of international adoptions of Mexican children.

(e)Suggestions and recommendations

40.The Government must take all necessary steps, in all areas, to ensure the respect and actual implementation of the provisions contained in national legislation relating to the rights of the child. Furthermore, the Committee recommends that the State party take necessary steps to fully harmonize federal and State legislation with the provisions of the Convention. Principles relating to the best interests of the child and the prohibition of discrimination in relation to children should be incorporated into domestic law, and it should be possible to invoke them before the courts. Relevant mechanisms should also be set up, parallel to those deriving from the National Programme of Action, to monitor the implementation of the Convention at the federal, State and local levels. Coordination between the various levels of the administration as well as cooperation with non-governmental organizations involved in the implementation of the Convention and the monitoring thereof should be strengthened.

41.The Committee emphasizes that the best interests of the child must be a guiding principle in the application of the Convention and that the authorities should undertake all appropriate measures to the maximum extent of their available resources to ensure that sufficient resources are allocated to children, particularly children living and/or working in the streets, children belonging to minority groups or indigenous communities and other vulnerable children.

42.The Committee recommends that the State party should intensify its action against all violence resulting in cases of ill-treatment of children, in particular when committed by members of the police force and security services and the military. The State party should ensure that cases of crimes committed against children by members of the armed forces or the police are tried before civilian courts.

43.The Committee recommends that urgent measures be adopted to combat discrimination against children belonging to the most vulnerable groups, in particular children subject to abuse or violence within the family, children living and/or working in the streets and children belonging to indigenous communities, including measures to eliminate and prevent discriminatory attitudes and prejudices such as those based on gender. In the framework of the adoption process, due consideration should be given to the provisions of article 12 of the Convention. Furthermore, intercountry adoption should be considered in the light of article 21, namely as a measure of last resort.

44.Finally, the Committee recommends that the provisions of the Convention should be widely publicized among the general public and, in particular, among teachers, social workers, law enforcement officials, the staff in correctional facilities, judges and members of other professions who are concerned with the implementation of the Convention. The Committee further recommends that, in the light of article 44, paragraph 6, of the Convention, the report submitted by the Government be made widely available to the public at large, including non-governmental organizations, and that the publication of the report be considered, along with the relevant summary records and the concluding observations thereon adopted by the Committee.

2. Concluding observations: Namibia

45.The Committee considered the initial report of Namibia (CRC/C/3/Add.12) at its 109th and 110th meetings (CRC/C/SR.109-110), held on 13 January 1994, and adopted the following observations:

(a)Introduction

46.The Committee welcomes the ratification of the Convention by the Government of Namibia. The Committee also wishes to express its appreciation to the State party for the particularly detailed and comprehensive report prepared and for the frank and constructive dialogue with the delegation.

(b)Positive aspects

47.The Committee welcomes the political commitment within the country to improve the situation of children. The Committee also wishes to express its appreciation as regards the Government's willingness to be self-critical and to search for creative and innovative approaches to address the problems facing children in society. The Committee takes particular note of the following initiatives: the activities undertaken to promote greater public awareness of the rights of the child, also among children themselves; the encouragement of cooperation with the local, national and international communities in efforts to promote and protect the rights of the child; the Early Childhood Protection and Development Programme; the "street children" programme; the "Discipline from Within" Programme in the schools; and the development of Youth Councils. With regard to the latter two programmes, the Committee underlines their importance in respect of the possible measures to be taken to make a reality of various provisions of the Convention, particularly its article 12.

48.The Committee also notes with interest the suggestion that more vocational schools be established to try to reduce the level of school drop-outs.

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

49.The Committee takes note that Namibia became an independent State in 1990 having suffered the consequences of colonial administration, apartheid and war. The Committee recognizes that these factors, combined with the problems of poverty, have had a constraining influence on the implementation of the provisions of the Convention. In particular, the Committee draws attention to the legacy of laws from the pre-independence period which are contrary to the provisions of international instruments and the Namibian Constitution.

(d)Principal subjects of concern

50.The Committee observes that Namibia is not yet a State party to all the major international human rights instruments and is concerned that the reform of much national legislation remains to be undertaken to bring it into conformity with the provisions of the Convention on the Rights of the Child. In this connection, the Committee notes the contradictions to be found in national legislation with respect to the definition of the child.

51.The Committee is concerned at the extent of discrimination on the ground of gender as well as against children born out of wedlock and children in especially difficult circumstances. It also expresses concern at the discrimination practised against children with disabilities.

52.Certain phenomena which may have a possible negative impact or consequence on the situation of children, such as teenage pregnancies, the high incidence of households headed by a single person, and the apparent lack of widespread understanding among parents of their joint parental responsibilities, are of concern to the Committee.

53.The Committee also takes note of the problems involved with improving the quality of education.

54.Equally, the Committee is concerned at the situation of children in especially difficult circumstances, including the incidence of child labour, particularly on farms and in the informal sector, and the number of children dropping out of school.

55.As regards the system of juvenile justice in place in Namibia, the Committee is concerned as to its conformity with the Convention on the Rights of the Child, namely its articles 37 and 40, as well as with relevant

international instruments such as the Beijing Rules, the Riyadh Guidelines and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty.

(e)Suggestions and recommendations

56.The Committee recommends that consideration be given to the possibility of Namibia becoming a party to all the major international human rights instruments, and suggests that the State party may wish to request assistance from the United Nations Centre for Human Rights in this regard.

57.Equally, the Committee suggests that the State party fully integrate the Convention on the Rights of the Child into the national legal framework and into national plans of action for the implementation of the rights of the child. Moreover, the Committee recommends the early adoption of a new Children's Act which will take fully into account the principles and provisions of the Convention on the Rights of the Child and observations made by the Committee during its dialogue with the State party.

58.While noting with satisfaction the establishment of an Ombudsman's Office which has a mandate to deal with complaints of human rights violations, including those relating to children, the Committee suggests that the State party evaluate the work of the present Ombudsman's Office to protect the rights of the child with a view to determining whether any further measures would be required to support the Office in its endeavours to contribute to the implementation of the rights of the child.

59.The Committee notes the important role being played by community leaders in efforts to improve the implementation of the rights of the child, particularly in order to overcome the negative influences of certain traditions and customs which may contribute to discrimination against the girl child, children suffering from disabilities and children born out of wedlock. The Committee also encourages the State party to continue to fully involve civil society and non-governmental organizations in activities to promote and protect the rights of the child.

60.Concerning the implementation of the rights of children to participate and express their views, the Committee is interested in receiving more information in the State party's next report on the functioning of the Youth and School Councils and on their involvement in any initiatives to address problems facing children and youth.

61.The Committee notes the clear recognition by the State party of the problems facing children in the family situation and the need to develop programmes, such as the training of social workers, education in family planning and the establishment of an alcohol and drug abuse centre, to address these problems. It also suggests that research be undertaken on the issue of sexual abuse within the family context.

62.With regard to educational matters, the Committee encourages the development of the initiative to provide more training to schoolteachers as a means to improve the quality of education and provide an opportunity to raise awareness within this profession of the rights of the child.

63.The Committee recommends that the study on marginalized groups of children be undertaken as a matter of priority.

64.The Committee is of the opinion that the system of the administration of juvenile justice in the State party must be guided by the provisions of articles 37 and 40 of the Convention on the Rights of the Child as well as relevant international standards in this field, including the Beijing Rules, the Riyadh Guidelines and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. Moreover, it is suggested that measures be taken to train law enforcement officials, judges, personnel working in detention centres and counsellors of young offenders about international standards for the administration of juvenile justice. The Committee underlines the need for technical assistance programmes in the light of these recommendations and encourages the State party to continue its cooperation with the Centre for Human Rights, the Crime Prevention and Criminal Justice Branch of the United Nations Secretariat and UNICEF in this regard.

65.The Committee also recommends that the State party ensure that its policy and legislation on the issue of child labour is in conformity with the provisions of the Convention on the Rights of the Child and relevant ILO Conventions.

66.Furthermore, the Committee suggests that the State party undertake measures and programmes to educate the general public on parental responsibilities and to consider the possibility of providing counselling in this regard. In addition, the Committee recommends that the State party, in its efforts to further disseminate awareness of the Convention on the Rights of the Child, make widely available, by appropriate means, the State party report, the summary records and the concluding observations of the Committee.

3. Preliminary observations: Colombia

67.The Committee began consideration of the initial report of Colombia (CRC/C/8/Add.3) at its 113th, 114th and 115th meetings (CRC/C/SR.113-115), held on 17 and 18 January 1994. In view of the fact that it was not possible during the session to fully clarify a number of serious concerns about the implementation of the Convention, the Committee decided to continue consideration of the initial report of Colombia at a future session and adopted the following preliminary observations. In this connection, the Committee requests the State party to provide it with written answers to the questions set out in the list of issues (CRC/C.5/WP.2) which had been formally transmitted to the State party. Equally, the Committee requests the State party to provide it with additional information on particular areas of concern

identified by the Committee, as set out in paragraphs 76 to 82 below. The Committee recommends that the information requested be submitted by 28 February 1994.

(a)Introduction

68.The Committee expresses its appreciation to the State party for the submission of its initial report and takes note of the information contained in the report, particularly with regard to the steps taken to provide a legislative framework for the implementation of the Convention. The Committee regards its preliminary dialogue with the State party to have been fruitful and as one which was undertaken in a cooperative spirit. The Committee, however, regrets that it was not given sufficient information regarding the actual situation of children in Colombia or on specific measures being taken at present to protect vulnerable groups at grave risk.

(b)Positive aspects

69.The Committee welcomes the major legislative initiatives adopted with a view to providing a legal framework for the implementation of the Convention, namely the adoption of the Minors' Code and the references to the rights of the child contained in the revised Constitution. The Committee also welcomes the steps taken by the Government towards creating special mechanisms for the implementation of the Convention, such as the Inter-Agency Committee for the Defence, Protection and Promotion of the Human Rights of Children and Young People and the Office of the President's Programme for Youth, Women and the Family. The Committee also welcomes in this connection the efforts made to facilitate the participation of non-governmental organizations (NGOs) in the implementation process.

70.The Committee notes the progress which has been made over the last 10 years in lowering the infant mortality rate. The Committee also welcomes the formulation by the State party of a National Plan of Action and the setting of concrete goals as a follow-up to the World Summit for Children.

(c)Factors and difficulties impeding the implementation of the

Convention

71.The Committee takes note that Colombia is going through a difficult economic transition period and is facing serious political problems stemming from drug-related terrorism, violence and poverty. The Committee takes note of the disparities existing in the country at the economic and social levels.

(d)Principal subjects of concern

72.The Committee expresses its concern over the significant gap between the laws adopted to promote and protect the rights of the child and the practical application of those laws to the actual situation of a great number of children in Colombia. The Committee is concerned at the lack of sufficient coordination of the various efforts to implement the Convention. The Committee is also concerned about discriminatory and adverse social attitudes, particularly among law enforcement officials, towards vulnerable groups of children.

73.The Committee expresses its grave concern over the life-threatening situation faced by an alarming number of children in Colombia, particularly those who, in order to survive, are working and/or living in the streets. Many of those children are subject to arbitrary arrest and torture and other inhuman or degrading treatment by authorities. They are also subject to coercion, disappearance, trafficking and murder by criminal groups.

74.The Committee expresses its grave concern over the large proportion of Colombian children who continue to live in extreme poverty despite the fact that Colombia has one of the most favourable economic growth rates and one of the lowest amounts of per capita foreign indebtedness in the region. Many children in Colombia, including a large proportion of rural and indigenous children, have been economically and socially marginalized and have limited or no access to adequate education or health care services.

75.The rules on the minimum age of employment are below international standards and even then are not enforced. Hazardous child labour, including in mines, is a matter of the deepest concern.

(e)Preliminary suggestions

76.The Committee suggests that firm measures be taken urgently to ensure the right to survival for all children in Colombia, including those from vulnerable groups. Such measures should include a quick response to reports of and complaints from children who are victims of violence, disappearance, assassination or alleged organ trafficking. Thorough and systematic investigation should be carried out and severe penalties applied in cases involving violence against children. The outcome of investigations and cases of convictions should be widely publicized in order to deter future offences.

77.The Committee suggests that, in order to increase the coverage and quality of services for children and to include those from vulnerable groups, more substantial budgetary allocations be provided to services for children, particularly in the areas of education and health, namely in the light of articles 2 and 3 of the Convention.

78.The Committee suggests that reliable quantitative and qualitative information be systematically collected and analysed to monitor closely the situation of marginalized children, particularly those from indigenous groups, in order to guide further efforts to improve their situation.

79.In regard to the problems of working children, the Committee suggests that Colombia ratify ILO Convention No. 138 concerning the minimum age for admission to employment and review all relevant legislation with a view to bringing it up to minimum international standards. Child labour laws should be enforced, complaints should be investigated and severe penalties imposed for violations. The Committee suggests that the Government more actively enlist the support of NGOs and other private sector organizations in raising public awareness of the problem and in monitoring enforcement of the laws.

80.In the field of the administration of juvenile justice, greater efforts should be made to ensure respect for the standards and legal safeguards contained in the Convention, in particular in the light of articles 37, 39 and 40 and taking into due consideration other relevant international instruments adopted in this field by the United Nations. Furthermore, the Committee suggests that all children deprived of their liberty should be registered and closely monitored in order to ensure that they are afforded the protection provided by the Convention.

81.The Committee suggests that steps be taken to strengthen the educational system, particularly in the rural areas. The quality of teaching should be improved and the high number of school drop-outs should be reduced. Counselling services for youth should be developed as a preventive measure aimed at lowering the high incidence of teenage pregnancies and stemming the dramatic rise in the number of single mothers. Educational campaigns should be undertaken to reduce violence in society and in the family and to combat prejudice on the basis of gender.

82.To assess the implementation of the Convention and to narrow the gap between the law and its practice, the Committee suggests that the State party establish a mechanism to monitor the actual situation of children, particularly those from vulnerable groups. Given the seriousness of the problem, the Committee suggests that the State party seek closer cooperation with international agencies which may be able to provide assistance and expertise and to embark upon major reform in the problem areas identified by the Committee. The Committee suggests that a new attitude and approach be developed, particularly as regards the police and the military, in order to enhance respect for all children, regardless of their social, economic or other background, and to reaffirm their value. In this connection, information and training programmes should be strengthened at the level of the community and the family. Further measures should be envisaged to strengthen cooperation with NGOs aiming at greater social mobilization on behalf of the rights of the child.

4. Concluding observations: Romania

83.The Committee considered the initial report of Romania (CRC/C/3/Add.16) at its 120th to 122nd meetings (CRC/C/SR.120-122), held on 20 and 21 January 1994 and adopted the following concluding observations:

(a)Introduction

84.The Committee expresses its appreciation to the State party for submitting, prior to the session, written replies to its list of issues (CRC/C.4/WP.5) and for engaging in a fruitful dialogue with the Committee.

(b) Positive aspects

85.The Committee welcomes measures undertaken by the Government of Romania, since the entry into force of the Convention in 1990, in order to promote and protect children's rights. It notes the establishment of such governmental agencies as the Central Committee for the Orientation and Coordination of Activities on Behalf of Minors, the Committee for the Support of Child-care Institutions and the Romanian Adoption Committee. Of particular importance was the creation, in February 1990, of the Romanian National Committee for UNICEF and in 1993 of the National Committee for the Protection of the Child. The Committee also notes with satisfaction that a number of laws have been amended or supplemented and that new legislation has been drafted in order to bring domestic laws into conformity with the provisions of the Convention.

86.The Committee notes that the Government of Romania has committed itself to a policy of bringing institutionalized children into a family environment. Efforts have been made to protect the value of the child allowance. A programme for the education of social workers has been initiated.

87.The Government has demonstrated willingness and readiness to cooperate with various intergovernmental and non-governmental organizations active in the field of the rights of the child.

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

88.The reform of certain laws, policies and institutions in place before the ratification of the Convention had to be undertaken in order to allow for its effective implementation. Difficulties have also been caused by prejudices, intolerance and other popular attitudes in contradiction with the general principles of the Convention. The Committee further notes the problems related to the transition economy and that the situation of children has worsened as a consequence of growing poverty and increasing unemployment.

(d) Principal subjects of concern

89.The Committee is worried about the effect on children of the difficult economic situation prevailing in the country. In this connection, the Committee is particularly concerned as to whether there are adequate measures to protect children from being the victims of economic reform, in the light of articles 3 and 4 of the Convention. The rights and basic needs of all children in the country should be taken into account also during the process of decentralization and privatization.

90.The Committee is concerned about the insufficient steps taken in the framework of legal reform to bring existing legislation into full conformity with the Convention, including in the light of the basic principles of the Convention, in order to overcome existing discrepancies such as the one reflected in the present law on marriage age. The Committee is equally concerned about existing lacunae in national legislation which may hamper efforts to implement the Convention. The various legislative and administrative measures undertaken to ensure implementation seem not to have been sufficiently coordinated and streamlined.

91.The Committee is concerned at the occurrence of child abuse and neglect within the family and the disruption of family values which in some cases lead to children being abandoned or running away. Children in such families are vulnerable to sexual abuse, drug abuse and alcoholism. The growing number of children living and/or working in the streets is a matter of deep concern.

92.The Committee is concerned about the situation of children of minorities, especially within the context of articles 2, 28, 29 and 30 of the Convention. The low school attendance of the Roma (gypsy) group of children is a serious problem. In more general terms, the Committee finds that there is a need for more effective measures to combat prejudices against this minority.

93.The Committee is also concerned at the lack of adequate training of social workers, law enforcement officials and judicial personnel on the principles and provisions of the Convention.

(e) Suggestions and recommendations

94.The Government should regularly monitor the impact of the structural adjustment programmes on children and take adequate measures for their protection.

95.The Committee also recommends that a more coherent approach be taken by the Government in implementing the Convention, particularly in assuring better coordination between the various mechanisms and institutions already in place to deal with promotion and protection of the rights of children. Of great importance, in that context, is the establishment of an appropriate structure at the local level and the coordination of efforts undertaken at the local and national levels.

96.Special efforts should be made to bring the existing legislation fully into line with the provisions of the Convention and thereby take into account the principles of non-discrimination, the best interests of the child, and respect for the views of the child, as in the case of labour legislation. The Family Code of 1954 needs to be revised in the light of the Convention.

97.The Committee considers that greater efforts should be made to provide family education; to develop awareness of the equal responsibilities of parents; and to disseminate widely knowledge about modern methods of family planning and thereby reduce the practice of abortion.

98.The Committee suggests that research be undertaken on the issue of child abuse and neglect within the family.

99.The Committee recommends that personnel dealing with children be provided with adequate training in the basic principles and norms contained in the Convention on the Rights of the Child. Special training should be given to social workers in recognition of the importance of this profession.

100.The legislation on adoption should be further amended and enforced to effectively prevent, in particular, intercountry adoptions in violation of the spirit and letter of the Convention on the Rights of the Child and taking into account the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, namely in view of the statement made by the delegation of the Government of Romania as to its intention to ratify this Convention.

101.Further efforts are recommended to create a better understanding among the public about the situation of children with disabilities. The promotion of their rights should be further advanced through, for instance, support to parents' organizations and a sustained programme for moving children from institutions to a good family environment.

102.The system of administration of juvenile justice should be guided by the provisions of articles 37 and 40 of the Convention on the Rights of the Child as well as other relevant international standards such as the Beijing Rules, the Riyadh Guidelines and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. The Committee suggests that part of the training of the law enforcement personnel, judges and other administration of justice officials be devoted to an understanding of these international standards of juvenile justice.

103.The Government should adopt an active non-discrimination policy with respect to children of minorities. This would also, particularly in relation to the Roma (gypsy) population, require proactive measures to encourage participation and break a vicious circle of widespread prejudices resulting in hostility or neglect. The problem of low school attendance among children from the Roma minority should be urgently addressed.

104.The Committee also recommends that the report submitted by the State party, the summary records of its consideration and the concluding observations of the Committee be disseminated as widely as possible within the country. These documents might also serve the discussion about further steps towards systematic mechanisms to monitor and promote the implementation of the Convention.

105.The State party is encouraged to continue its cooperation with the Centre for Human Rights in the field of advisory services and technical assistance and with the support of the international community to strengthen further the child rights component in such programmes, and to that end due account should be taken of the recommendations and suggestions contained in these observations.

5. Concluding observations: Belarus

106.The Committee considered the initial report of Belarus (CRC/C/3/Add.14) at its 124th to 126th meetings (CRC/C/SR.124-126), held on 25 and 26 January 1994, and adopted the following concluding observations:

(a)Introduction

107.The Committee welcomes the ratification of the Convention by the Government of Belarus. The Committee appreciates the opportunity to engage in a dialogue with the State party and its efforts to provide further information to that contained in the initial report of Belarus submitted under the Convention.

(b)Positive aspects

108.The Committee observes that Belarus is a State party to all the major international human rights instruments. Note is also taken of the recent adoption by the State party of the Rights of the Child Act and other legislative and administrative measures in an effort to address the problems facing children, which serve as an indication of the importance the State party attaches to its obligations under the Convention.

109.The Committee also notes the State party's willingness to seek advice and technical assistance in developing appropriate mechanisms to implement the rights of the child.

(c)Factors and difficulties impeding the implementation of the

Convention

110.The Committee recognizes that the State party is facing serious obstacles in implementing the provisions of the Convention. It notes that significant political changes have had an impact on the legislative system and on society in general. The Committee further notes the problems related to the transition economy and that the situation of children has worsened as a consequence of growing poverty and increasing unemployment. The Committee also recognizes that the State party is experiencing major difficulties in countering the negative consequences of the Chernobyl nuclear plant disaster on the environment and on the health of the population, including children.

(d)Principal subjects of concern

111.The Committee expresses its concern as to the full compatibility of national legislation, measures and programmes with the provisions and principles of the Convention, especially as regards such matters as children as the subjects of rights, family education and equal parental responsibilities. Moreover, the Committee is concerned about an apparent discrepancy in the legislation between the age for completion of mandatory education, which is 15, and the minimum age for labour, which is 16.

112.The Committee is concerned as to whether the most disadvantaged groups of children in the society have been identified and programmes targeted accordingly to ensure that adequate safety nets are in place to prevent a deterioration of the rights they are entitled to under the Convention. The situation of rural children is also a matter of general concern.

113.The Committee is concerned about the continuation of the practice of the institutionalization of children in spite of the policy adopted to the contrary and about the number of intercountry adoptions which, though still comparatively low, is on the increase.

114.The Committee expresses its concern at the health status of children, particularly in the aftermath of the Chernobyl nuclear disaster, the apparent priority given to curative health care rather than decentralized preventive health care, the low prevalence of breast-feeding and the high number of abortions.

115.As regards children requiring special protection measures, the situation in relation to the administration of juvenile justice is a matter of general concern to the Committee. The Committee is also concerned that adequate measures are not being taken to protect children from exploitation through labour, the appearance of the problem of sexual exploitation of children and the problem of drug abuse.

(e)Suggestions and recommendations

116.The Committee recommends that the State party consider the possibility of establishing a permanent body to coordinate the implementation and monitoring of the rights of the child. It is also recommended that the State party prepare, as a matter of priority, a national plan of action for children. The Committee would like to see the provisions and principles of the Convention fully integrated into this plan, particularly its articles 2, 3, 4, 6 and 12.

117.The Committee would also like to see a considerably stronger involvement of non-governmental organizations in the work of protecting and promoting the rights of the child.

118.The Committee expresses the hope that the State party will become a party to the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, as well as the 1980 Convention on the Civil Aspects of International Child Abduction. Equally, the Committee recommends the early adoption of the Family and Marriage Law and that it take account of the need to undertake appropriate measures to address the serious problems of family breakdown in the State party.

119.The Committee would like to see a stronger emphasis placed on primary health care activities, which would include the development of educational programmes to cover such matters as family education, family planning, sex education and the benefits of breast-feeding. Equally, the Committee encourages the training of community health care workers to develop awareness of these subjects among the general public, including children. In addition, the Committee recommends that programmes of rehabilitation and reintegration for emotionally disturbed or traumatized children be developed.

120.The Committee recommends that the State party evaluate the adequacy of the measures it has taken to provide social security for the benefit of children. It is also suggested that programmes be carefully targeted to the needs of both rural and urban children and that adequate social safety nets be put in place for the most disadvantaged groups of children.

121.In view of the significant risk of the exploitation of children through labour, particularly in the light of recent changes to national legislation, the Committee suggests that this matter be urgently addressed and that the necessary action be taken in line with the Convention and in particular its article 3 as it relates to the best interests of the child.

122.The Committee recommends that the State party, in its efforts to develop general public awareness of the Convention on the Rights of the Child, make available the State party's report, the summary records and the concluding observations of the Committee.

123.The Committee encourages the international community to provide technical assistance and advice to the State party in its efforts, inter alia, to harmonize national legislation and measures with the Convention on the Rights

of the Child, to develop a coordinating body on children's rights and to determine the targeting of programmes, the major thrust of policies and the mobilization of resources for the rights of the child. It is suggested that technical assistance be sought from UNICEF, WHO, the Centre for Human Rights and other interested organizations. The Committee also encourages international support for measures to cope with the aftermath of the Chernobyl nuclear disaster.

IV. OVERVIEW OF THE OTHER ACTIVITIES OF THE COMMITTEE