12.       In accordance with the decision of the Committee at its first session, a pre-sessional working group met in Geneva from 17 to 21 October 1994. All members except Mgr. Bambaren Gastelumendi, Mrs. Belembaogo, Mrs. Eufemio (who was representing the Committee at the Special Commission of the Hague Conference on Private International Law on the application of the Convention of 20 May 1993 on Protection of Children and Cooperation in respect of Intercountry Adoption to refugee children and other displaced children, held at The Hague from 17 to 21 October 1994) and Mr. Mombeshora participated in the working group. Representatives from UNICEF, UNHCR, the United Nations Division for the Advancement of Women, as well as representatives from ILO and WHO, participated in the meetings of the working group. The representative of the NGO Group for the Convention on the Rights of the Child, as well as representatives from various non-governmental organizations, were also in attendance at the session.

13.       The purpose of the pre-sessional working group is to facilitate the Committee's work under articles 44 and 45 of the Convention, primarily by reviewing State party reports and identifying in advance the main questions that would need to be discussed with the representatives of the reporting States. It also provides an opportunity to consider questions relating to technical assistance and international cooperation.

14.       At its 1st meeting, held on 17 October, the working group, in accordance with rule 63.2 of the Committee's provisional rules of procedure, elected Mrs. Badran as Chairperson and Mrs. Santos Pais as Rapporteur.

15.       The pre-sessional working group held eight meetings, in the course of which it examined lists of issues put before it by members of the Committee relating to the initial reports of the following four countries: Jamaica, Nicaragua, Poland and the United Kingdom of Great Britain and Northern Ireland. The list of issues was transmitted directly to the Permanent Missions of the States concerned with a note which stated, inter alia:

"The Committee wishes to receive, if possible before 31 July 1994, 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."

16.       In addition, the pre-sessional working group also took note of additional information which had been submitted to the Committee by the Government of El Salvador (CRC/C/3/Add.28) following a request made by the Committee in the course of its consideration of the initial report submitted by El Salvador. The working group also examined additional information submitted by the Government of Colombia and decided that the Committee would continue its consideration of the report and additional information submitted by Colombia in the course of the Committee's eighth session.

17.       On the basis of a decision taken at the pre-sessional working group of the fifth session of the Committee, the working group established informal contacts with the Permanent Missions of States whose reports were scheduled for consideration at the forthcoming session, in order to inform them of the procedure followed by the Committee for the consideration of reports and clarify the purposes of the dialogue with representatives of the States parties.

G. Organization of work

18.       The Committee considered the organization of work at its 184th meeting, on 9 January 1995. The Committee had before it the draft programme of work

for the eighth session, prepared by the Secretary-General in consultation with the Chairperson of the Committee, and the report of the Committee on its seventh session (CRC/C/34).

H. Future regular meetings

19.       The Committee noted that its ninth session would take place from 22 May to 9 June 1995 and that its pre-sessional working group would meet from 12 to 16 June 1995.

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

A. Submission of reports

20.       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.3), 1994 (CRC/C/11/Rev.3), and 1995 (CRC/C/28); a note by the Secretary-General on the States parties to the Convention and the status of submission of reports (CRC/C/36); (c) a note by the Secretary-General on the follow-up to the consideration of initial reports by States parties to the Convention (CRC/C/27/Rev.2). 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. 72-244 below) and those which had been received prior to the Committee's seventh session (see CRC/C/34, para. 22), the Secretary-General had received the initial reports of Croatia (CRC/C/8/Add.19), Cyprus (CRC/C/8/Add.24), Finland (CRC/C/8/Add.22), Guatemala (CRC/C/3/Add.33), Iceland (CRC/C/11/Add.6), Lebanon (CRC/C/8/Add.23), Mongolia (CRC/C/3/Add.32), the Republic of Korea (CRC/C/8/Add.21 and Yemen (CRC/C/8/Add.20).

B. Consideration of reports

21.       At its eighth session, the Committee examined initial reports submitted by six States parties under article 44 of the Convention. It devoted 17 of its 26 meetings to the consideration of reports (CRC/C/SR.185-189, 192-194, 196-201 and 204-206).

22.       The following reports, listed in the order in which they had been received by the Secretary-General, were before the Committee

at its eighth session: Colombia (CRC/C/8/Add.3 and additional information), Philippines (CRC/C/3/Add.23), Denmark (CRC/C/8/Add.8), Poland (CRC/C/8/Add.11), Jamaica (CRC/C/8/Add.12), and the United Kingdom of Great Britain and Northern Ireland (CRC/C/11/Add.1).

23.       In accordance with rule 68 of the provisional rules of procedure of the Committee, representatives of all the reporting States were invited to attend the meetings of the Committee at which their reports were examined. 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 report, contain concluding or preliminary observations reflecting the main points of discussion and indicating, where necessary, issues that would require a specific follow-up.

25.       The concluding observations on the initial report of Argentina (CRC/C/8/Add.2), which had been considered by the Committee at its seventh session, are also contained below, in accordance with a decision taken by the Committee at its seventh session (see CRC/C/34, para. 155).

26.       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: Argentina

27.       The Committee considered at its seventh session the initial report of Argentina (CRC/C/8/Add.2) at its 177th to 179th meetings (CRC/C/SR.177, 178 and 179), held on 10 and 11 October 1994. In view of the fact that the additional report which had been requested from the Government of Argentina to supplement the information contained in Argentina's initial report was received just before the consideration of the report, the Committee decided to postpone the adoption of its concluding observations until its next session. The Committee therefore adopted at its eighth session the following concluding observations:

A. Introduction

28.       The Committee expresses its appreciation to the State party for engaging in a dialogue with the Committee. The Committee notes with regret that the report submitted by the Government of Argentina does not cover all rights enshrined in the Convention and that it was not prepared in accordance with the Committee's guidelines for the preparation of initial reports. It notes that the report mainly deals with the legal framework and does not contain sufficient information, either analytical or statistical, on the actual implementation of the principles and rights set forth in the Convention. The extensive additional information submitted by the Government came too late for the Committee members to study and examine before the discussion with the State party delegation.

B. Positive aspects

29.       The Committee notes with satisfaction the declaration made by the State party upon ratification in regard to article 38 that a prohibition exists in national legislation on the use of children under 18 in armed conflicts.

30.       The Committee also welcomes the establishment of the National Council for Children and Family, the development of a National Plan of Action for Children as well as the signing of a federal Pact for Mothers and Children.

31.       The Committee welcomes the efforts undertaken by the Government of the State party to publicize the Convention on the Rights of the Child.

32.       The Committee welcomes the incorporation of the Convention on the Rights of the Child, as well as other human rights treaties ratified by Argentina, into the domestic legal system and the high legal status attributed to them by virtue of which they are given precedence over national laws.

33.       The Committee notes with satisfaction the successful immunization programme with 99 per cent coverage and the high literacy rate - 95 per cent in 1990.

C. Principal subjects of concern

34.       The Committee is furthermore concerned about the reservations entered by the Government of Argentina upon the ratification of the Convention with respect to article 21(b), (c), (d) and (e) due to their broad nature.

35.       The Committee is concerned that sufficient administrative and other measures seem not to have been taken to facilitate an effective coordination of the implementation of the Convention on local, regional and national levels.

36.       The Committee takes note of the disparity of marriage ages for boys and girls in Argentine law, which seems to be contrary to the provisions of article 2 of the Convention.

37.       The Committee notes with special concern the situation of children from vulnerable and disadvantaged groups, such as disabled children, abandoned children and children living and/or working in the streets as well as children belonging to households living in poverty.

38.       The Committee is also worried about the high number of single mothers in Argentina between the ages of 12 and 18 and about reports on the occurrence of domestic violence and sexual abuse.

39.       The Committee notes the problems in the schools, with high turnover of teachers and children dropping out.

E. Suggestions and recommendations

40.       The Committee recommends that the Government of Argentina consider reviewing the reservation entered upon ratification of the Convention with a view to withdrawing it. In that connection, the attention of the State party is drawn to the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights in June 1993 which encouraged States to withdraw reservations to the Convention on the Rights of the Child.

41.       The Committee recommends that, given the federal nature of the Argentine State, a comprehensive 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 the promotion and protection of the rights of children. Of importance, in that context, would be the establishment of an appropriate infrastructure at all levels and increased coordination between efforts undertaken at the local and provincial level with those taken at the national level. It is recommended that emphasis also be put on the aspect of monitoring, including through an ombudsman, and on cooperation with non-governmental organizations working for the rights of the child.

42.       The Committee suggests that the budgetary measures be reviewed with a view to ensuring that the maximum amount of available resources is allocated to promote and protect the rights of the child at the federal, regional and local levels.

43.       The Committee recommends that further efforts be made to ensure that personnel dealing with children be provided with adequate training which emphasizes the principles and norms in the Convention on the Rights of the Child.

44.       The Committee suggests that a larger part of the education and training of law enforcement personnel, judges and other administration of justice officials be devoted to an understanding of international standards on juvenile justice. The Committee also recommends that juvenile courts be set up in all provinces.

45.       The Committee suggests that the State party consider undertaking greater efforts to provide family education and developing awareness of the equal responsibility of parents. Health education programmes should be developed to counter the high incidence of teenage pregnancy.

46.       The Committee suggests that the State party considers the possibility of introducing more effective legislation and follow-up mechanisms to prevent violence within the family in the spirit of article 19.

47.       The Committee also recommends that further measures be taken by the Government to reduce drop-out rates in schools and to ensure that the schools are adequately staffed with qualified personnel. It is also recommended that further steps be taken to encourage the active participation of children in the schools, as well as outside, in the spirit of article 12 of the Convention.

48.       The Committee also recommends that the report and the additional information 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.

            2. Concluding observations: Philippines

49.       The Committee considered the initial report of the Philippines (CRC/C/3/Add.23) at its 185th, 186th and 187th meetings (CRC/C/SR.185-187), held on 10 and 11 January 1995, and adopted the following concluding observations.

A. Introduction

50.       The Committee notes with satisfaction the submission of the initial report of the Philippines, which was one of the first States to become party to the Convention on the Rights of the Child. The Committee expresses its appreciation that the report followed the Committee's guidelines and that it contained detailed information on the legal framework within which the Convention is implemented as well as some mention of the difficulties encountered by the State. The Committee welcomes the written information provided by the Government in reply to the questions set out in the list of issues (CRC/C/7/WP.3), which was communicated to it before the session. The Committee, however, notes with regret the lack of information on the concrete effects of measures adopted.

51.       The supplementary information provided by the numerous members of the delegation of the Philippines and the fact that the delegation was composed of members involved in a diversity of sectors in various child-related issues made it possible to supplement information received in writing and to engage in an open and constructive dialogue.

B. Positive aspects

52.       The Committee takes note of the firm commitment of the Government of the Philippines to the promotion and protection of the rights of the child. 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 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 Philippine Plan of Action for Children entitled "The Filipino Children: 2000 and Beyond".

C. Factors and difficulties impeding the

                                                 implementation of the Convention

53.       The Committee notes the geographical and cultural diversity, the dispersal of the population throughout the 7,000 islands of the archipelago, and the wide economic and social disparities existing in the country.

54.       The Committee further recognizes the difficulties arising from political instability in a period of democratization, including the adverse effects of the armed conflict on children.

55.       The Committee also notes that natural disasters have had a negative impact on the situation of children.

D. Principal subjects of concern

56.       The Committee is concerned that in spite of serious efforts and achievements in the area of legislative reform, steps remain to be taken to bring national legislation into full conformity with the Convention, including in regard to the minimum age of criminal responsibility, minimum age for sexual consent, minimum age of access to employment, compulsory schooling age limit, status of children born out of wedlock, the prohibition of torture, intercountry adoption and legislation concerning the administration of juvenile justice, including deprivation of liberty and criminalization of vagrancy.

57.       The lack of efficient mechanisms to monitor the situation of children is a matter of concern. The Committee notes in this regard a lack of reliable qualitative and quantitative data, a shortage of means to implement programmes, and a lack of indicators and mechanisms to evaluate the progress and impact of policies adopted.

58.       The Committee is equally concerned that insufficient attention seems to have been paid to the provisions of article 4 of the Convention concerning budgetary allocations. The present balance of resource allocations in the State party between the social and other sectors, and the high proportion of military expenditures to the detriment of child-related issues, are noted with concern. In this regard, the Committee expresses its concern at the unequal distribution of the national wealth in the country and the disparities in the enjoyment of the rights provided for under the Convention, to the detriment of poor urban children, children living in rural areas and children belonging to minorities (or "cultural" communities).

59.       The Committee is concerned at the difficulties in ensuring the registration of children after birth, as well as at the problems faced by children who have not been registered in the enjoyment of their fundamental rights and freedoms.

60.       The Committee also expresses its concern at the lack of practical measures to ensure the full enjoyment of the rights recognized in the Convention by certain categories of children, including girl children, disabled children, children of mixed marriages, children of overseas workers, working children, and children affected by armed conflicts.

61.       The Committee is seriously alarmed by the existence of child abuse (including sexual abuse) and neglect within the family, which often lead to children being abandoned or running away, thus facing the additional risks of violations of their human rights.

62.       The Committee is also preoccupied by the level of violence and the high incidence of ill-treatment and abuse of children, including cases attributed to the police or military personnel. It notes with concern that the efforts of the Government to combat child abuse and neglect are insufficient, both from the prevention and the sanction point of view. The lack of rehabilitation measures for such children is also a matter of concern. The failure to take effective steps to prosecute and punish those responsible for such violations or to make public decisions taken in this regard, including towards paedophiles, may lead to a feeling in the population that impunity prevails and that it is therefore useless to bring complaints before the competent authorities.

63.       With respect to the right to education, the Committee notes with concern that there has been little progress in fully implementing the relevant principles and provisions of the Convention, in particular with respect to girl children, children living in rural or remote areas and children affected by the armed conflict. The Committee is also worried by the lack of vocational training opportunities, the high drop-out rate in primary education and the low rate of enrolment in secondary education.

64.       The large and growing number of children who, due to rural exodus, extreme poverty, abandonment, as well as situations of violence within the family, are forced to live and/or work in the streets, are deprived of their fundamental rights and exposed to various forms of exploitation, is a matter of deep concern.

65.       Specific concern is also expressed about the present organization of the system of administration of juvenile justice and its lack of compatibility with the principles and provisions of the Convention and other international standards relating to juvenile justice.

E. Suggestions and recommendations

66.       The Committee recommends that the State party continue to harmonize domestic legislation with the provisions of the Convention. Serious consideration should be given to raising the age limit for sexual consent and penal responsibility, to eliminating discrimination towards children born out of wedlock, to the prohibition of torture and to the revision of legal provisions with regard to the administration of juvenile justice. The Committee also suggests that the State party envisage ratifying the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption of 1993. The Committee also recommends that the Government take all necessary steps to ensure the respect and effective implementation of the provisions contained in the Convention.

67.       Coordination between the various governmental agencies involved in the implementation of the Convention and its monitoring should be ensured, and efforts should be made towards closer cooperation with non-governmental organizations.

68.       Measures should be taken to strengthen the monitoring mechanisms of the Convention. Qualitative and quantitative data and indicators for evaluating the progress and efficiency of programmes aiming at the full enjoyment of children's rights should be developed. Publicity should also be given to the monitoring reports on the implementation of the rights of the child.

69.       The authorities should undertake all appropriate efforts to the maximum extent of their available resources to ensure that sufficient resources are allocated to children, taking into special consideration the needs of the most vulnerable groups.

70.       More children's rights-oriented training programmes should be organized for various professional groups such as teachers, judges, social workers and police officials. Such programmes should emphasize the promotion and protection of the fundamental rights of the child and the child's sense of dignity. Greater efforts should be made to provide family life education and develop awareness of the responsibility of the parents. The Committee encourages non-governmental organizations and children and youth groups to pay attention to the need to change attitudes as part of their advocacy action.

71.       The Committee emphasizes that the principle of non-discrimination, as provided for under article 2 of the Convention, must be fully applied. A more active approach should be taken to eliminate discrimination against certain groups of children, in particular children in remote areas, children belonging to "cultural" communities, girl children, disabled children and children born out of wedlock.

72.       The Committee recommends that the State intensify its action against all violence directed at and ill-treatment of children, in particular sexual abuse. An increased number of programmes should aim at the prevention of sexual misbehaviour towards children. The deep causes of the phenomenon should be seriously looked at. The Committee also recommends the active participation of non-governmental organizations as well as children and youth groups in changing and influencing attitudes in that regard.

73.       The State party should ensure that adequate procedures and mechanisms to deal with complaints of child ill-treatment are developed, that cases of violations of children's rights are duly investigated and that the results of such investigations are given publicity.

74.       The Committee recommends that further measures be taken to implement the provisions of article 32, including in relation to the minimum age of access to employment, and that efforts be made to prevent and combat child labour in the country. Particular attention should be paid to children working in the informal sector. The Committee recommends that the State party seek technical assistance from ILO in this area.

75.       The Committee recommends that the State party undertake a comprehensive reform of the system of administration of juvenile justice and that this reform be guided by the principles and provisions of the Convention 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 training of the law enforcement personnel, judges and other administration of justice officials be organized and that part of such training be devoted to these international standards of juvenile justice. The Committee underlines the need for technical assistance in this area and encourages the State party to seek such assistance from the Centre for Human Rights and the Crime Prevention and Criminal Justice Branch of the United Nations in this regard.

76.       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.

            3.         Concluding observations: Colombia

77.       The Committee began consideration of the initial report of Colombia (CRC/C/8/Add.3) at its 113th to 115th meetings, 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 not to conclude the consideration of that report and adopted instead a set of preliminary observations. The State party was requested to provide, by 28 February 1994, written answers to the Committee's list of issues and information on particular areas of concern identified by the Committee in its preliminary observations, for consideration by the Committee at a future session. After considering the additional information provided by the Government of Colombia at its 188th and 189th meetings held on 12 January 1995 (CRC/C/SR.188 and CRC/C/SR.189), the Committee concluded its consideration of the initial report of Colombia and adopted the following concluding observations:

A. Introduction

78.       The Committee expresses its appreciation to the Government of Colombia for the submission of written answers to its list of issues, the responses to its preliminary observations and other oral questions posed during consideration of the report, and the additional information on the particular areas of concern identified by the Committee. The Committee is encouraged by the frank and cooperative tone of the discussion, in which the representatives of the State party indicated not only the policy directions relative to the Convention, but also the difficulties encountered during implementation.

B. Positive aspects

79.       As recognized in its Preliminary Observations, the Committee welcomes the major legislative initiatives adopted with a view to providing a legal framework for the implementation of the Convention. The Committee also welcomes the initiatives taken towards creating special mechanisms for the implementation of the Convention. It particularly welcomes the emphasis placed on the protection of human rights as reflected, inter alia, by the establishment of a Unit on Human Rights within the Attorney-General's Office.

80.       The Committee further welcomes the efforts made to facilitate the participation of non-governmental organizations (NGOs) in the implementation process.

81.       The Committee notes the progress made over the last 10 years in lowering the infant mortality rate. It also welcomes the formulation by the State party of a National Plan of Action and the setting of concrete goals as follow-up to the World Summit for Children. The Committee further welcomes the Government's efforts to provide education to children in rural areas and to improve their nutritional level.

C. Factors and difficulties impeding the

                                                 implementation of the Convention

82.       The Committee takes note that Colombia is going through a difficult economic period that adversely affects the situation of children. It further notes the prevailing disparities existing in the country at the economic and social levels.

83.       The Committee also notes the serious impact on children of political problems stemming from drug-related terrorism and violence.

D. Principal subjects of concern

84.       The Committee is concerned at the significant gap between the laws adopted to implement the Convention on the Rights of the Child and the practical application of those laws to the actual situation of a great number of children in Colombia.

85.       The Committee also expresses concern over the lack of sufficient coordination between the various entities involved in human rights and children's rights, as well as at the lack of comprehensive consideration of different sectoral policies aiming at the promotion and protection of the rights of the child.

86.       The Committee expresses its concern at the insufficient steps taken to gather relevant information on the implementation of the Convention as well as to ensure an effective monitoring system at the national, regional and local levels.

87.       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.

88.       The Committee is also concerned about discriminatory and adverse social attitudes, particularly among law enforcement officials, towards vulnerable groups of children. 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 on the streets. Many of those children are victims of "social cleansing" campaigns and 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.

89.       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. Sugg