CRC
UNITED
NATIONS
Convention on the
Rights of the Child
Distr.
GENERAL
CRC/C/43
9 June 1995
Original: ENGLISH
Report adopted by the Committee at its 233rd meeting,
on 9 June 1995
COMMITTEE ON THE RIGHTS OF THE CHILD
Report on the ninth session
(Geneva, 22 May-9 June 1995)
CONTENTS
Chapter Paragraphs Page
I. CONCLUSIONS AND RECOMMENDATIONS ADOPTED BY
THE COMMITTEE ON THE RIGHTS OF THE CHILD. . . . . . . . . . . . . . . . . . . . . . . . 4
II. ORGANIZATIONAL AND OTHER MATTERS. . . . . . . . . . . . . . . . . . . . 1 - 17 5
A. States parties to the Convention. . . . . . . . . . . . . . . . 1 - 2 5
B. Opening and duration of the session. . . . . . . . . . . . 3 5
C. Membership and attendance. . . . . . . . . . . . . . . . . . . . . . . 4 - 8 5
D. Solemn declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6
E. Election of officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6
F. Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6
G. Pre-sessional working group. . . . . . . . . . . . . . . . . . . . . 12 - 15 7
H. Organization of work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 8
I. Future regular meetings. . . . . . . . . . . . . . . . . . . . . . . . . 17 8
GE.95-18144 (E)
CONTENTS (continued)
Chapter Paragraphs Page
III. REPORTS BY STATES PARTIES UNDER ARTICLE 44
OF THE CONVENTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 - 178 9
A. Submission of reports. . . . . . . . . . . . . . . . . . . . . . . . . . . 18 - 19 9
B. Consideration of reports. . . . . . . . . . . . . . . . . . . . . . . . 20 - 178 9
1. Concluding observations: Nicaragua. . . . . . . . 28 - 68 10
2. Concluding observations: Canada. . . . . . . . . . . 69 - 95 16
3. Concluding observations: Belgium. . . . . . . . . . 96 - 116 20
4. Concluding observations: Tunisia. . . . . . . . . . 117 - 134 24
5. Concluding observations: Sri Lanka. . . . . . . . 135 - 178 26
IV. OVERVIEW OF THE OTHER ACTIVITIES OF THE
COMMITTEE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 - 216 32
A. Preparatory process of the Fourth World
Conference on Women: Action for
Equality, Development and Peace. . . . . . . . . . . . . . . . . 179 - 180 32
B. Meeting with the United Nations expert
on the impact of armed conflict on
children. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 - 185 32
C. Meeting with the Special Rapporteur on
Rwanda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 - 191 33
D. Meeting with the Special Rapporteur on the
sale of children, child prostitution and
child pornography. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 - 196 34
E. Cooperation with United Nations and other
competent bodies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 - 213 34
F. Future day of general discussion. . . . . . . . . . . . . . . . 214 - 216 37
V. DRAFT PROVISIONAL AGENDA FOR THE TENTH SESSION. . . . . 217 39
VI. ADOPTION OF THE REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 40
CONTENTS (continued)
Annexes
Page
I. States which have ratified or acceded to the Convention on
the Rights of the Child as at 9 June 1995. . . . . . . . . . . . . . . . . . . . . . . 41
II. Membership of the Committee on the Rights of the Child. . . . . . . . . 47
III. Status of submission of reports by States parties under
article 44 of the Convention on the Rights of the Child
as at 9 June 1995. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
IV. List of initial reports considered by the Committee as
of 9 June 1995. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
V. Provisional list of initial reports scheduled for
consideration at the Committee's tenth and
eleventh sessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
VI. Letter dated 24 March 1995 from the Permanent Mission of
the Federal Republic of Yugoslavia to the United Nations
Office at Geneva addressed to the Chairperson of the
Committee on the Rights of the Child. . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
VII. Reply dated 30 May 1995 from the Chairperson of the
Committee on the Rights of the Child addressed to
the Permanent Mission of the Federal Republic of
Yugoslavia to the United Nations Office at Geneva. . . . . . . . . . . . . . 63
VIII. General discussion on the administration of juvenile
justice - Outline. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
IX. List of documents issued for the ninth session of
the Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
I. CONCLUSIONS AND RECOMMENDATIONS ADOPTED BY
THE COMMITTEE ON THE RIGHTS OF THE CHILD
The Committee on the Rights of the Child,
Reaffirming the importance it attaches to maintaining effective cooperation and meaningful dialogue with United Nations bodies active in the field of human rights in general and children's rights in particular,
Recognizing the need to ensure its active participation in activities of relevance to its work which are taking place within the framework of the United Nations system-wide action,
Recalling that, as stressed by the World Conference on Human Rights, the human rights of women and the girl child are an inalienable, integral and indivisible part of human rights, and should be integrated into the mainstream of United Nations system-wide activity and regularly and systematically addressed throughout the relevant United Nations organs and mechanisms,
Recalling also that the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women have a complementary and mutually reinforcing nature, and that they constitute an essential framework for a forward-looking strategy to promote and protect the fundamental rights of girls and women and decisively eradicate inequality and discrimination,
1. Reiterates its decision to be represented at, and actively contribute to, the Fourth World Conference on Women: Action for Equality, Development and Peace;
2. Decides to be represented by two of its members and urges the Secretariat to adopt all necessary measures to ensure their participation;
3. Also decides to continue to follow closely the drafting process of the Platform for Action with a view to ensuring that the situation and the fundamental rights of the girl child are clearly reflected throughout the document and adequately addressed in the relevant separate chapter included therein;
4. Reaffirms the importance of also including the Committee on the Rights of the Child as an essential mechanism within the framework of the international machinery to be entrusted with the task of monitoring and periodically reviewing the implementation of the Platform for Action.
II. ORGANIZATIONAL AND OTHER MATTERS
A. States parties to the Convention
1. As at 9 June 1995, the closing date of the ninth session of the Committee on the Rights of the Child, there were 175 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.3.
B. Opening and duration of the session
3. The Committee on the Rights of the Child held its ninth session at the United Nations Office at Geneva from 22 May to 9 June 1995. The Committee held 24 meetings (210th to 233rd). An account of the Committee's deliberations at its ninth session is contained in the relevant summary records (CRC/C/SR.210-217, 219, 221-230 and 233). At the opening of the session, Mr. Ibrahima Fall, Assistant Secretary-General for Human Rights, addressed the Committee, and informed it of recent developments relevant to the protection and promotion of the rights of the child having taken place within the framework of the Commission on Human Rights, as well as other treaty-monitoring bodies.
C. Membership and attendance
4. All members except Mrs. Eufemio and Mrs. Sardenberg attended the ninth 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 Organization, United Nations Educational, Scientific and Cultural Organization, World Health Organization.
7. A representative from INTERPOL also attended the session.
8. Representatives of the following non-governmental organizations were also in attendance at the session:
Category I
International Movement ATD Fourth World, Zonta International.
Category II
Defence for Children International, Friends World Committee for Consultation (Quakers), Inter-African Committee on Traditional Practices Affecting the Health of Women and Children, International Abolitionist Federation, International Catholic Child Bureau, International Federation of Human Rights, International Federation Terre des Hommes, International Service for Human Rights, Radda Barnen, World Federation of Methodist Women.
Others
Inter-Church Committee for Refugees (Canada), NGO Group for the Rights of the Child, One World Productions.
D. Solemn declaration
9. At the 210th meeting, on 22 May 1995, those members of the Committee who were elected or re-elected at the fifth meeting of the States parties made a solemn declaration in accordance with rule 15 of the provisional rules of procedure.
E. Election of officers
10. At its 211th meeting, held on 22 May 1995, the Committee elected the following officers for a term of two years in accordance with rule 16 of its provisional rules of procedure:
Chairperson: Mrs. Akila Belembaogo (Burkina Faso)
Vice-Chairpersons: Mrs. Flora C. Eufemio (Philippines)
Mr. Thomas Hammarberg (Sweden)
Mrs. Marilia Sardenberg (Brazil)
Rapporteur: Mrs. Marta Santos Pais (Portugal)
F. Agenda
11. At its 210th meeting, on 22 May 1995, the Committee had before it the provisional agenda (CRC/C/42). The agenda of the ninth session, as adopted, was as follows:
1. Adoption of the agenda
2. Solemn declaration by the newly elected members of the Committee
3. Election of the officers of the Committee
4. Organizational and other matters
5. Submission of reports by States parties in accordance with article 44 of the Convention
6. Consideration of reports of States parties
7. Cooperation with other United Nations bodies, specialized agencies and other competent bodies
8. Methods of work of the Committee
9. Future meetings of the Committee
10. Other matters.
G. Pre-sessional working group
12. In accordance with the decision of the Committee at its first session, a pre-sessional working group met at Geneva from 30 January to 3 February 1995. All members except Mrs. Badran, Mgr. Bambaren Gastelumendi and Mrs. Belembaogo participated in the working group. Representatives from UNICEF, UNHCR, ILO and UNESCO also 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. 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 five countries: Belgium, Canada, Federal Republic of Yugoslavia, Sri Lanka and Tunisia. The lists of issues were 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 10 April 1995, 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."
15. 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.
H. Organization of work
16. The Committee considered the organization of work at its 210th meeting, on 22 May 1995. The Committee had before it the draft programme of work for the ninth session, prepared by the Secretary-General in consultation with the Chairperson of the Committee, and the report of the Committee on its eighth session (CRC/C/38). The Committee decided to establish a working group composed of some of its members in order to have a future exchange of views on article 1 of the Convention within the Committee.
I. Future regular meetings
17. The Committee noted that its tenth session would take place from 30 October to 17 November 1995 and its pre-sessional working group would meet from 20 to 24 November 1995.
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.3), 1994 (CRC/C/11/Rev.3), 1995 (CRC/C/28) and 1996 (CRC/C/41); (b) a note by the Secretary-General on the States parties to the Convention and the status of submission of reports (CRC/C/39); (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) and (d) a note by the Secretary-General on areas in which the need for technical advice and advisory services have been identified in the light of the observations adopted by the Committee (CRC/C/40). 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. 20-178 below) and those which had been received prior to the Committee's eighth session (see CRC/C/38, para. 20), the Secretary-General had received the initial reports of China (CRC/C/11/Add.7), Nepal (CRC/C/3/Add.34), Slovenia (CRC/C/8/Add.25) and Zimbabwe (CRC/C/3/Add.35). The status of submission of reports by States parties under article 44 of the Convention is given in annex III.
19. A list of initial reports considered by the Committee, as of 9 June 1995, as well as a provisional list of initial reports scheduled for consideration at the Committee's tenth and eleventh sessions are contained respectively in annexes IV and V to the present report.
B. Consideration of reports
20. At its ninth session, the Committee examined initial reports submitted by six States parties under article 44 of the Convention. It devoted 16 of its 24 meetings to the consideration of reports (CRC/C/SR.211-217, 222-230).
21. The following reports, listed in the order in which they had been received by the Secretary-General, were before the Committee at its ninth session: Nicaragua (CRC/C/3/Add.25), Sri Lanka (CRC/C/8/Add.13), Tunisia (CRC/C/11/Add.2), Canada (CRC/C/11/Add.3), Belgium (CRC/C/11/Add.4) and Federal Republic of Yugoslavia (CRC/C/8/Add.16).
22. 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.
23. In a letter dated 24 March 1995 addressed to the Chairperson of the Committee, the Permanent Representative of the Federal Republic of Yugoslavia to the United Nations Office at Geneva indicated that "... the Federal Republic of Yugoslavia has pointed to the fact that the decision on suspending its legitimate rights to participate in the meetings of States parties implies the suspension of its obligations on the basis of the same Convention, the rights and obligations being indivisible", and that the Federal Republic of
Yugoslavia would not participate in the work of the ninth session related to the consideration of its initial report. (For the text of the letter see annex VI below.)
24. In its reply dated 30 May 1995, the Committee took note of the reasons presented by the Government of the Federal Republic of Yugoslavia as underlying its position and stated that it considered the Federal Republic of Yugoslavia as duty bound as a State party to the Convention and that the Committee would continue to proceed on the basis of this understanding. The Committee expressed its intention to consider the initial report of the Federal Republic of Yugoslavia at its eleventh session scheduled to take place in January 1996. (For the text of the letter see annex VII below.)
25. All the States parties whose reports were considered by the Committee sent representatives to participate in the examination of their respective reports.
26. The following sections, arranged on a country-by-country basis according to the sequence followed by the Committee in its consideration of the reports, contain concluding observations reflecting the main points of discussion and indicating, where necessary, issues that would require a specific follow-up.
27. 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: Nicaragua
28. The Committee considered the initial report of Nicaragua (CRC/C/3/Add.25) at its 211th to 213th meetings (CRC/C/SR.211-213), held on 22 and 23 May 1995, and adopted* the following concluding observations:
A. Introduction
29. The Committee takes note that the problems facing children in Nicaragua are frankly expressed in the report of the State party. The Committee is of the view that the dialogue with the Government and its representatives, including through their written and oral responses to questions posed by the Committee, is constructive and valuable in clarifying the measures being taken and considered for the implementation of the Convention.
B. Positive factors
30. The Committee notes that the Government recognizes that major efforts are required to address the serious problems facing children in the State party. The Committee shares the opinion of the State party that social and economic development in addition to legislative reform are required to improve the
* At the 233rd meeting, held on 9 June 1995.
situation of children. In this connection, the Committee notes that at the national level the Government has included the situation of children as a topic on its agenda on social development and that at the local level initiatives have been taken by the mayors of towns to allocate further resources to the educational sector.
31. With respect to legislative reform, the Committee takes note, in particular, of the State party's consideration of the possibility of amending the Constitution to include a provision which would afford constitutional status to the Convention on the Rights of the Child. It is also noted that the National Assembly of Nicaragua has sponsored major changes in some laws which relate to the sexual abuse of women and children and that it is engaged in a comprehensive examination of various laws affecting children so as to ensure their compatibility with the provisions of the Convention.
32. The Committee welcomes the establishment in 1994 of the National Commission for the Promotion and Defence of the Rights of Children and the proposed creation of an Office of Ombudsman for Children. It also notes with satisfaction that the National Commission has contacts with the Nicaraguan Coordinating Body for Non-Governmental Organizations Assisting Children and that this is seen as facilitating the coordination and carrying out of various overall plans and events which have an impact on children.
33. The Committee notes with appreciation that the State party views the obligation to report under the Convention as an opportunity to prepare a document and to engage in a dialogue which would serve as reference points and a source of inspiration for the taking of more concrete action in regard to children.
C. Factors and difficulties impeding the implementation of the Convention
34. The Committee recognizes that natural disasters and the years of internal conflict have had serious negative consequences for the situation of children and families in Nicaragua.
35. The Committee is aware that as Nicaragua has one of the highest external debts in the world, the burden of debt repayment is particularly heavy. The Committee also notes that Nicaragua is one of the poorest countries in Latin America where unemployment and underemployment affects almost 60 per cent of the population and where more than 70 per cent of the population is living in poverty with almost 25 per cent living in extreme poverty. In view of this reality, as well as the fact that over 50 per cent of the population of Nicaragua is under 18, the Committee notes that these factors provide further indications of the difficulties confronting children in Nicaragua.
D. Principal subjects of concern
36. The Committee is concerned that traditional cultural attitudes towards children and their role in the family and society may contribute to hampering the implementation of the Convention. In this connection, the Committee notes that an understanding of children as a subject of rights does not appear
to be fully reflected in legislative and other measures in the State party and as a result may prevent children in Nicaragua from fully enjoying their fundamental rights as recognized in the Convention.
37. The Committee notes with concern that there is a lack of awareness and understanding in the country of the principles and provisions of the
Convention. This lacuna is also reflected in the absence of a distinct child rights component in training programmes for professional groups working with or for children.
38. The Committee remains concerned at the apparent lack of sufficient coordination of the various efforts to implement the Convention.
39. The Committee also views the inadequacy of mechanisms to gather and analyse statistical and other information relating to different groups of children, including indigenous children, girl children and children living in poverty, as a major problem to ensuring the effective monitoring of the implementation of the Convention.
40. The Committee notes with concern the lack of full conformity of present and proposed national legislation with matters relating to the legal definition of the child. It is the Committee's view that the early and lower marriageable age for girls as compared with boys raise the serious questions as to their compatibility with the principles and provisions of the Convention, in particular those laid down in its articles 2, 3 and 6.
41. The legislative reforms setting the age of completion of education at 12 years, and the minimum age for employment at 14 years, rendering children between the ages of 12 and 14 vulnerable to the risk of economic exploitation, raise considerable concerns in the Committee.
42. The Committee remains concerned about the apparent persistence of discriminatory attitudes directed towards girls, children born out of wedlock, children from poorer income groups and children belonging to minority and indigenous groups.
43. The Committee is concerned about the continuing difficulties encountered in ensuring the birth registration of children, particularly at the rural level. The registry of all children is necessary, in particular, to ensure their recognition as persons before the law and the fuller enjoyment of their rights and, in general, to facilitate the effective monitoring of the situation of children and thus assist in the development of suitably appropriate and targeted programmes.
44. The Committee shares the concern expressed by the State party about the fact that children are often abused in the media to the detriment of their personality and status as minors.
45. The Committee is concerned about the adequacy of measures taken to ensure that the conditions in institutions caring for children are regularly monitored and supervised. Equally, the Committee remains concerned about the
sufficiency of measures taken to implement the provisions of the Convention relating to adoption, particularly inter-country adoption, and with respect to combating trafficking in children.
46. The Committee is concerned about the relatively high maternal mortality rate, especially as it affects young girls, in Nicaragua. It also notes that clandestine abortions and teenage pregnancies appear to be a serious problem in the country.
47. The Committee notes that Nicaraguan women on average give birth to five children, that the percentage of single parent households is comparatively high, that families have difficulties in ensuring an adequate standard of living for their children, and that there are children in Nicaragua who suffer from stunting and malnutrition.
48. The Committee remains worried about the sufficiency of measures being taken to improve access to education and to reduce the high rates of school drop-out and repetition of classes.
49. The Committee is deeply concerned about the problems of abuse and violence which persist in the family and society in general. In view of this reality, the adequacy of measures to prevent such abuse and violence, to respond to children's reports of their abuse, to safeguard children who report abuse and to prevent the impunity of those who have committed abuse against children remain a matter of considerable concern to the Committee.
50. The Committee expresses its concern about the implementation of the provisions and principles of the Convention in relation to the administration of juvenile justice. The Committee notes the absence of measures to create a juvenile justice system moulded to the needs and protecting the rights of children. In this regard, it is concerned that as mechanisms for alternative treatment are lacking, the system currently in place appears to be unable to respond to the needs of children below the age of 15 who have behavioural problems. Similarly, with respect to the situation of 15- to 18-year-olds who find themselves involved with the administration of justice system, there appears to be an absence of alternative measures to detention for such children and to difficulties in ensuring the separation of juveniles from adults in prisons. The Committee also takes note of the information contained in the State party report which highlights the problems associated with the lack of sufficient training in children's rights of law enforcement officials which has contributed to infringements of the rights of the child being committed.
51. With respect to child exploitation, the Committee is concerned that child labour remains a serious problem in Nicaragua, especially in view of the high level of adult unemployment existing in the country. It is concerned about the apparent inadequacy of measures to address this issue, including for the many children working in the informal sector, including in domestic service, where no effective mechanisms appear to exist for the protection of children engaged in such work.
52. The Committee expresses its grave concern that an increasing number of children who make a living by selling and begging on the streets are especially vulnerable to sexual exploitation.
E. Suggestions and recommendations
53. The Committee recommends that, within the context of the legal reform presently being undertaken by the Government of Nicaragua, national legislation be made compatible with the principles and provisions of the Convention. Such reform should address the concerns raised by the Committee during its discussions with the State party, including with regard to matters relating to the legal definition of the child. With respect to the matter of the status of the Convention in national legislation, the Committee would like to encourage the State party to pursue its consideration of according constitutional status to the Convention.
54. The Committee is of the view that further attention and priority should be given to establishing an effective system of coordinating the implementation of the Convention. In this regard, the Committee would like to suggest that the National Commission for the Promotion and Defence of the Rights of Children be strengthened.
55. The Committee recommends that measures be taken to improve the system for collecting statistical and other data about the status of children. The Committee would also like to indicate that the development of such mechanisms would provide an important opportunity for raising awareness of the implications of the ratification of the Convention on the Rights of the Child and its effective implementation.
56. The Committee would also like to express the hope that the Office of an Ombudsman for Children be created with a view to promoting and protecting the rights of the child.
57. The Committee recommends that the State party consider using the Convention as a tool for the prevention of violence and abuse. One way to achieve this, the Committee suggests, is by teaching children to defend their rights and for trained individuals working with and for children to transmit the values of the Convention to children. Thus, the Committee recommends that education about the Convention be incorporated into non-formal and formal educational curricula and into training and retraining programmes for professionals working with or for children, including teachers, health workers, social workers, judges and law enforcement officials.
58. The Committee suggests that the Government develop public campaigns on the rights of the child with a view to effectively addressing the problem of persisting discriminatory attitudes and practices against particular groups of children such as girl children, children belonging to a minority or indigenous group and poor children. It is also suggested that further proactive measures be developed to improve the status of these groups of children.
59. With respect to article 4, and notwithstanding the economic difficulties faced by the State party, the Committee recognizes that more substantial budgetary allocations are required to increase the coverage and quality of services for children, with particular attention being paid to the most vulnerable groups of children, in the light of articles 2 and 3 of the Convention. In this regard, the Committee wishes to encourage and express its support for initiatives designed to facilitate international cooperation in assisting the State party to meet its obligations under the Convention.
60. With respect to the implementation of articles 12, 13 and 15 of the Convention, the Committee recommends that consideration be given to extending and broadening the involvement of children in the initiatives being undertaken within the State party to facilitate children's participation in decisions affecting them.
61. The Committee recommends that, on an urgent basis, measures be taken to ensure the protection of the child from information and material injurious to his or her well-being and to protect the child's right to privacy, in light of the provisions of articles 16 and 17 of the Convention.
62. The Committee recommends that the State party consider the possibility of focusing its attention on the organization of a more comprehensive and coordinated campaign in order to address the interrelated family and social-related problems of: the high number of family separations, the relatively high maternal mortality rate and teenage pregnancies, the number of children who are victims of violence or abuse, and the rising number of children living or begging on the street who are at risk of sexual exploitation.
63. The Committee expresses the hope that the State party will consider the possibility of ratifying the 1993 Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption.
64. In view of the general problems which exist with regard to the health status of the population, particularly children, the Committee suggests that the provision of primary health care be emphasized, with family planning services and knowledge of nutrition as two of its major components, and that strategies be developed to provide families with the necessary technical and other support to grow their own food.
65. The Committee suggests that greater efforts should be directed to developing low-cost but effective strategies to increase substantially the enrolment and attendance rates of children in education and to improve the quality and appropriateness of education. The introduction of such measures would assist in further signalling the commitment which exists to attracting children to attend school as well as to convincing families of the value of education. It is also suggested that the Government consider extending the provision of compulsory education to nine years of schooling, thereby ensuring at the same time that the age of completion of compulsory education would be harmonized with the minimum age for employment. In light of the recent launching of the United Nations Decade for Human Rights Education, the Committee encourages the State party to consider using this opportunity to promote the incorporation of education about the Convention in curricula for schoolchildren, it being understood that the children would be taught about their rights by suitably trained and qualified teachers.
66. The Committee recommends that an administration of juvenile justice system be established in line with the relevant provisions of the Convention, in particular its articles 37, 39 and 40, and in light of other related international instruments. In this connection, the Committee wishes to emphasize the importance and relevance of the United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines) which envisage and call for the strengthening and supporting of the vital role of the family and community in order to help eliminate the social conditions leading to such problems as delinquency, crime and drug addiction and to assist the families and communities facing such problems.
67. It is the view of the Committee that legal reforms and a preventive campaign should be urgently introduced to address the issue of child labour. The Committee would like to suggest that the Government of Nicaragua consider requesting further technical assistance from ILO in these matters.
68. The Committee welcomes the invitation addressed to the Committee to visit Nicaragua. The Committee proposes that the State party prepare a publication of the report of Nicaragua, the summary records of the discussion with the State party and the concluding observations adopted by the Committee. Such a document should be widely distributed in order to generate debate and awareness of the Convention, its implementation and monitoring, both within the Government and the general public, including with the concerned non-governmental organization community.
2. Concluding observations: Canada
69. The Committee considered the initial report of Canada (CRC/C/11/Add.3) at its 214th, 215th, 216th and 217th meetings (CRC/C/SR.214-217), held on 24 and 26 May 1995, and adopted* the following concluding observations:
A. Introduction
70. The Committee expresses its appreciation to the State party for its comprehensive report, which follows the Committees's guidelines, and for engaging, through a high-ranking delegation, in a constructive and frank dialogue with the Committee. The Committee welcomes the written information provided by the delegation of Canada in reply to the questions included in the list of issues (CRC/C.9/WP.1) which were communicated to it before the session, as well as the additional information provided during the course of the discussion, which enabled the Committee to better assess the situation of the rights of the child in Canada. The Committee further welcomes the additional written information submitted by the State party following the dialogue held with the Committee.
B. Positive factors
71. The Committee appreciates the State party's firm commitment to adopting further measures for the implementation of the rights of the child as recognized in the Convention. The Committee considers especially noteworthy the fact that Canada played a leading role in the drafting process of the Convention on the Rights of the Child and in convening the 1990 World Summit for Children.
72. The Committee notes with satisfaction the general strengthening of the protection of human rights, particularly children's rights, through the Canadian Charter of Rights and Freedoms and through the adoption of legislative measures in the field of children's rights. The Committee also welcomes the establishment of the National Council for Crime Prevention which specifically purports to better implement the Convention provisions in the area of juvenile justice.
73. The Committee further welcomes the establishment of the Children's Bureau following the World Summit for Children and its role in ensuring that the Convention is taken into account in government policies, as well as in enabling consultations between the authorities and the private and voluntary sectors. The Committee notes with satisfaction the numerous activities undertaken to disseminate information relating to the Convention.
74. The Committee welcomes the commitment expressed by the delegation to adopt measures to face increasing poverty and reduce existing disparities, in spite of difficulties arising from the present economic recession. The Committee notes in this regard the establishment of the Family Support Enforcement Fund intended to help provincial and territorial governments in the field of promotion and protection of children's rights.
75. The Committee welcomes specific action taken by schools and local community services to identify children's disabilities at an early stage.
76. The Committee also takes note of the efforts made by Canada in participating in international projects in cooperation with UNICEF and other governmental or international non-governmental organizations.
C. Principal subjects of concern
77. The Committee, while taking note of the statement, reflected in the report of the State party, that the federal nature of Canada is a complicating factor in the implementation of the Convention, and that the exact division of responsibilities between federal, provincial and territorial governments over matters affecting children may involve an element of uncertainty, stresses that Canada is bound to observe fully the obligations assumed by ratifying the Convention. The Committee is concerned that sufficient attention has not been paid to the establishment of a permanent monitoring mechanism that will enable an effective system of implementation of the Convention in all parts of the country. Disparities between provincial or territorial legislation and practices which affect the implementation of the Convention are a matter of concern to the Committee. It seems, for instance, that the definition of the legal status of the children born out of wedlock being a matter of provincial responsibility may lead to different levels of legal protection of such children in various parts of the country.
78. The Committee notes with concern that the State party made reservations to articles 21 and 37 (c) of the Convention.
79. The Committee expresses its concern about the value of the Convention in domestic law. Certain basic provisions and principles of the Convention, particularly those relating to non-discrimination, the best interests of the child and the respect for the views of the child, have not always been adequately reflected in national legislation and
policy-making.
80. The Committee is concerned by the emerging problem of child poverty, especially among vulnerable groups. It is also worried by the increasing number of children who are brought up by single parent families, or in other problematic environments. While appreciating the programmes already set up, the Committee emphasizes the need for special programmes and services to provide the necessary care, especially in terms of education, housing and nutrition, for such children.
81. The Committee recognizes the efforts made by Canada for many years in accepting a large number of refugees and immigrants. Nevertheless, the Committee regrets that the principles of non-discrimination, of the best interests of the child and of the respect for the views of the child have not always been given adequate weight by administrative bodies dealing with the situation of refugee or immigrant children. It is particularly worried by the resort by immigration officials to measures of deprivation of liberty of children for security or other related purposes and by the insufficient measures aimed at family reunification with a view to ensuring that it is dealt with in a positive, humane and expeditious manner. The Committee specifically regrets the delays in dealing with reunification of the family in cases where one or more members of the family have been considered eligible for refugee status in Canada as well as cases where refugee or immigrant children born in Canada may be separated from their parents facing a deportation order.
82. Further measures seem to be needed to effectively prevent and combat all forms of corporal punishment and ill-treatment of children in schools or in institutions where children may be placed. The Committee is also preoccupied by the existence of child abuse and violence within the family and the insufficient protection afforded by the existing legislation in that regard .
83. The Committee further notes the urgent need to ensure adequate protection of children from harmful information, and particularly from television programmes inciting or containing violence.
84. The increasing incidence of suicide among young people is an additional cause for concern.
85. While recognizing the steps already taken, the Committee notes with concern the special problems still faced by children from vulnerable and disadvantaged groups, such as aboriginal children, with regard to the enjoyment of their fundamental rights, including access to housing and education.
D. Suggestions and recommendations
86. The Committee wishes to encourage Canada to review its reservations to the Convention and to consider the possibility of withdrawing them, and would like to be kept informed of developments on this fundamental matter.
87. The Committee encourages the State party to pursue and develop its policy aimed at disseminating information and increasing public awareness of the Convention. It recommends that a nationwide education campaign be launched, in the framework of the United Nations Decade for Human Rights Education, to sensitize the population at large - including children themselves - to the principles and provisions of the Convention, and that consideration be given to incorporating the rights of the child in the school curricula. At the same time, the State party should integrate the Convention into the training curricula for professional groups dealing with children, especially judges, lawyers, immigration officers, peace-keepers and teachers.
88. The Committee recommends that the State party strengthen the cooperation between mechanisms existing in its legal and administrative framework and enhance the coordination between federal, provincial and territorial authorities in the field of children's rights with a view to eliminating any possibility of disparity or discrimination in the implementation of the Convention and ensuring that the Convention is fully respected in all parts of its territory. The Committee also recommends that emphasis be placed on federal monitoring mechanisms - such as the Committee of Officials on Human Rights - with a view to making them more effective. The establishment of a comprehensive network for the collection of data covering all areas of the Convention and taking into account all groups of children within Canadian jurisdiction is recommended. Cooperation in the field of the rights of the child between the authorities and non-governmental organizations as well as aboriginal communities should also be further strengthened.
89. The Committee encourages the Government of Canada to ensure the full implementation of article 4 of the Convention in the light of the general principles of the Convention, in particular the best interests of the child. Available resources should be allocated to their maximum extent to ensure the implementation of economic, social and cultural rights. The Committee also emphasizes the need to take immediate steps to tackle the problem of child poverty and make every feasible effort to ensure that all families, particularly single parent families, have adequate resources and facilities.
90. The Committee also encourages the State party to use the principles and provisions of the Convention as a framework for the programme of international development assistance.
91. In view of the fact that the Convention can only be referred to before the courts as a means of interpretation of national legislation, the Committee recommends that further steps be taken to ensure the effective implementation of the Convention at the national level. In this regard, the Committee also wishes to emphasize the importance of taking action to ensure that the general principles of the Convention, particularly those relating to non-discrimination, the best interests of the child and the respect for the views of the child as guaranteed under articles 2, 3, and 12 respectively, are reflected in domestic law. With regard to article 12 in particular, it is recommended that children be provided with the opportunity to be heard in judicial and administrative proceedings.
92. The Committee recommends that the State party pay particular attention to the implementation of article 22 of the Convention as well as of the general principles of the Convention, in particular the best interests of the child and respect for his or her views, in all matters relating to the protection of refugee and immigrant children, including in deportation proceedings. The Committee suggests that every feasible measure be taken to facilitate and speed up the reunification of the family in cases where one or more members of the family have been considered eligible for refugee status in Canada. Solutions should also be sought to avoid expulsions causing the separation of families, in the spirit of article 9 of the Convention. More generally, the Committee recommends that the Government address the situation of unaccompanied children and children having been refused refugee status and awaiting deportation in the light of the Convention's provisions. Deprivation of liberty of children, particularly unaccompanied children, for security or other purposes should only be used as a measure of last resort in accordance with article 37 (b) of the Convention.
93. The Committee suggests that the State party examine the possibility of reviewing the penal legislation allowing corporal punishment of children by parents, in schools and in institutions where children may be placed. In this regard and in the light of the provisions set out in articles 3 and 19 of the Convention, the Committee recommends that the physical punishment of children in families be prohibited. In connection with the child's right to physical integrity as recognized by the Convention, namely in its articles 19, 28 and 37, and in the light of the best interests of the child, the Committee further suggests that the State party consider the possibility of introducing new legislation and follow-up mechanisms to prevent violence within the family, and that educational campaigns be launched with a view to changing attitudes in society on the use of physical punishment in the family and fostering the acceptance of its legal prohibition.
94. The Committee recommends that the State party strengthen its efforts to ensure that children from vulnerable and disadvantaged groups, such as aboriginal children, benefit from positive measures aimed at facilitating access to education and housing. Research should be developed on the problems relating to the growing rate of infant mortality and suicide among children within aboriginal communities.
95. Finally, in the light of article 44, paragraph 6, of the Convention, the Committee recommends that the initial report presented by Canada be made widely available to the public at large and that the publication of the report be considered, along with the relevant summary records and the concluding observations adopted thereon by the Committee.
3. Concluding observations: Belgium
96. The Committee considered the initial report of Belgium (CRC/C/11/Add.4) at its 222nd, 223rd and 224th meetings (CRC/C/SR.222-224), held on 31 May and 1 June 1995, and adopted* the following concluding observations:
A. Introduction
97. The Committee expresses its appreciation to the State party for its very comprehensive report, and welcomes the open and self-critical approach taken by the Government of Belgium in preparing this report. It also wishes to express appreciation to the State party for the submission of written replies to its list of issues (see CRC/C.9/WP.4), as well as for the additional information provided during the course of the discussion.
98. The presence of a high-level delegation enabled the Committee to engage in a frank and constructive dialogue with those directly responsible for the implementation of the Convention, at the federal and communities levels.
B. Positive factors
99. The Committee welcomes the openness of the delegation to review of the declarations made upon ratification and its willingness to consider withdrawing them.
100. The Committee welcomes the measures taken by the Government of Belgium, since the entry into force of the Convention in 1992, to promote and protect the rights of the child. In this connection, the Committee particularly welcomes the adoption of a comprehensive legal framework to ensure full conformity with the Convention and the adoption of a recent law which extends the national jurisdiction in cases of child prostitution and pornography and allows the State to prosecute any person accused of "sex tourism"; the revision of article 371 of the Civil Code, which will now provide for "mutual respect between parents and children"; the steps taken in view of the ratification of the 1993 Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption; the announced intention to revise the Civil Code with a view to lowering the minimum age of consent to adoption, in the spirit of article 12 of the Convention; as well as the establishment of institutions and mechanisms for the promotion and protection of the right of the child by the communities. The Committee also expresses its appreciation for the launching of awareness-raising campaigns for the prevention of child abuse and neglect.
101. The Committee welcomes the fact that the Convention is self-executing and that its provisions may be, and in practice have been in several instances, invoked before the court. It also notes with satisfaction the fact that Belgium applies the principle of the primacy of international human rights standards over national legislation in case of conflict of law.
102. The Committee notes with satisfaction that during the present period of economic recession, attention has been paid by the authorities with a view to ensuring that the budgetary resources for the social welfare of the most disadvantaged groups of the population and, among them children, will not decrease in the State party.
C. Principal subjects of concern
103. The Committee would like to suggest that the State party consider establishing a permanent national mechanism for the purpose of coordinating the implementation of the Convention and it notes the need for an effective overall system for the collection of data on the rights of the child at the federal level, including in particular on especially vulnerable groups of children.
104. The Committee is concerned about the application of the law and policy concerning children seeking asylum, including unaccompanied children. It is particularly concerned that unaccompanied minors who have had their asylum request rejected, but who can remain in the country until they are 18 years old, may be deprived of an identity and denied the full enjoyment of their rights, including health care and education. Such a situation, in the view of the Committee, raises concern as to its compatibility with articles 2 and 3 of the Convention.
105. With regard to the provisions of article 2 of the Convention, the Committee is concerned that children belonging to disadvantaged groups of the population appear more likely to be placed in care. In this regard, the Committee recalls the importance of the family in the upbringing of a child and emphasizes its view that the separation of a child from his or her family must take the child's best interest as a primary consideration.
106. The Committee expresses its concern about the possibility of relinquishment of jurisdiction provided for in article 38 of the Young Persons' Protection Act which allows for young persons between 16 and 18 to be tried as adults and thereby face the imposition of a death sentence or a sentence of life imprisonment. The Committee is also concerned that in accordance with the provisions of article 53 of the same Act, children may be kept in prison for a period of 15 days and be kept in isolation.
D. Suggestions and recommendations
107. The Committee wishes to encourage the State party to consider reviewing the declarations made upon ratification of the Convention with a view to considering withdrawing them.
108. The Committee wishes to suggest that the State party envisage the establishment of a permanent mechanism of coordination, evaluation, monitoring and follow-up for policies aiming at the protection of the child to ensure that the Convention on the Rights of the Child is fully respected and implemented, at the federal and communities levels. In this respect and as part of the ongoing efforts of the State party to promote and protect the rights of the child, the Committee suggests that ways and means be established to facilitate regular and closer cooperation between the federal and communities governments in cooperation with non-governmental organizations involved in monitoring the respect for the rights of the child in the State party.
109. The Committee recommends that Belgium envisage the creation of a permanent mechanism of data collection at the national level, in order to have an overall assessment of the situation of children in the country and to ensure a comprehensive and multidisciplinary evaluation of progress and difficulties in implementing the Convention.
110. The Committee is of the opinion that efforts to harmonize national legislation with the provisions of the Convention should be further pursued, in particular as regards articles 38 and 53 of the Young Persons' Protection Act of April 1965 with a view to ensuring its full conformity with the Convention. The Committee wishes to encourage the State party to continue to take steps with a view to ensuring the abolition of the death penalty in peace as well as in wartime. The Committee further encourages the State party to consider reforming its legislation with a view to ensuring the prohibition of corporal punishment within the family.
111. The Committee would also like to suggest that further consideration be given in the light of article 12 of the Convention to ways of encouraging the expression of views by children and those views being given due weight in the decision-making processes affecting their lives, in particular in family life, at school and local levels as well as within the judicial system, including in situations where the child participates in the proceedings as a witness.
112. The Committee would like to encourage the State party to further develop an ongoing and systematic approach to making the principles and provisions of the Convention widely known to children and adults alike. In addition, the Committee recommends that the principles and purposes of the Convention be made widely known in the languages spoken in Belgium, and translated also into the languages of major refugee and immigrant groups. In view of the adoption by the General Assembly of resolution 49/184 proclaiming the United Nations Decade for Human Rights Education, the Committee encourages the State party to consider using this opportunity to promote the incorporation of education about the Convention on the Rights of the Child in school curricula. It is the view of the Committee that it is important that the teaching methods used in schools should reflect the spirit and philosophy of the Convention and the aims of education laid down in its article 29.
113. Consideration should also be given to incorporating education on the provisions and principles of the Convention in training programmes for various professional groups, including teachers, social and health workers, immigration officers, law enforcement personnel, judges and personnel in care and detention institutions.
114. The Committee wishes to encourage the State party to ensure that applications for the purpose of family reunification in the cases of refugees and migrant workers are dealt with in a positive, humane and expeditious manner.
115. The Committee encourages the Government of Belgium to consider signing and ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
116. Finally, the Committee appreciates the willingness of the Government of Belgium to publish the initial report of Belgium, as well as the summary records of the meetings with the Committee and the concluding observations of the Committee on the report, and recommends that these documents be disseminated as widely as possible in the languages spoken in Belgium.
4. Concluding observations: Tunisia
117. The Committee considered the initial report of Tunisia (CRC/C/11/Add.2) at its 225th, 226th and 227th meetings, held on 1 and 2 June 1995 (CRC/C/SR.225-227) and adopted* the following concluding observations:
A. Introduction
118. The Committee welcomes the submission of the report, which contains comprehensive information on the legal framework within which the Convention is implemented and on other measures adopted since the ratification of the Convention by Tunisia.
119. The Committee appreciates the written information provided by the Government in reply to the questions set out in the list of issues (CRC/C.9/WP.5). Furthermore, the presence of a high-level delegation enabled the Committee to engage in a constructive dialogue with those directly responsible for the implementation of the Convention.
B. Positive aspects
120. The Committee welcomes the efforts made by the Government in bringing domestic law into line with the Convention, through the enactment of the draft Code for the Protection of the Child. Satisfaction is expressed at the fact that various national legislative provisions are more conducive to the realization of the rights of the child than those contained in the Convention. The Committee also notes with appreciation the adoption, following the World Summit for Children in 1990, of the National Plan of Action for the Survival, Protection and Development of Children, as well as the adoption of various programmes, specifically aimed at promoting and protecting the rights of the child, such as programmes for disabled children, and programmes aiming at sensitizing teachers to the philosophy of the Convention. The Committee notes with particular appreciation the sustained policies with a view to protecting children against the negative effects of structural adjustment.
C. Factors and difficulties impeding the implementation of the Convention
121. The Committee notes that there are still practices which impede the full enjoyment of certain rights of the child.
D. Principal subjects of concern
122. The Committee is concerned about the extent of the reservations and declarations made to the Convention by the State party. In particular, the reservation relating to the application of article 2 raises concern as to its compatibility with the object and purpose of the Convention.
123. The Committee notes that measures taken to ensure the implementation of the provisions of the Convention, particularly articles 2, 3, 12, 13 and 19, are still insufficient. The Committee is concerned at practices of discrimination against children born out of wedlock.
124. The Committee notes that the system of collecting data relevant for the monitoring of the implementation of the Convention needs to be improved and extended. It is concerned whether sufficient consideration has been given to the reinforcement of mechanisms, including of an independent nature, to follow up and evaluate the implementation of the Convention at the national and local levels.
125. The Committee is concerned that the legislative discrepancy between the age for completion of mandatory education and the minimum age for admission to employment may lead to encourage adolescents to drop out from the school system.
E. Suggestions and recommendations
126. In the spirit of the final document of the World Conference on Human Rights, the Committee wishes to encourage the State party to consider reviewing its reservations and declarations to the Convention with a view to withdrawing them, including particularly the reservation relating to article 2 of the Convention.
127. The Committee encourages the Government to pursue its efforts aiming at creating awareness of the Convention and having its basic principles grasped by the general public, and to continue training relevant professional groups such as teachers, judges, law-enforcement officials, social workers, the personnel in care and detention institutions, as well as military personnel.
128. The data collection on matters relating to the Convention should be systematized and amplified, with a view to covering all areas addressed by the Convention.
129. The Committee would like to suggest that the State party consider reinforcing the mechanisms for monitoring and evaluating the implementation of the Convention. A more efficient coordination between the central Government and the governorates is also recommended.
130. The State party is encouraged to pursue legislative reforms and to adopt measures translating into practice the general principles of the Convention, in particular the principle of non-discrimination against children born out of wedlock, the principle of the best interests of the child and the right of the child to express his or her views freely.
131. The Committee recommends to the State party to give further thought to possible ratification of ILO Convention No. 138 on the minimum age for admission to employment. Campaigns to prevent entry of adolescents into the labour force, including in the informal sector and agriculture, should be reinforced. In this regard, the Committee would like to encourage the State party to consider seeking technical assistance from the International Labour Organization.
132. Regarding the rights of the refugee and asylum-seeking child, the Committee recommends that the State party consider as a preventive measure adopting relevant legislative provisions, in consultation with the United Nations High Commissioner for Refugees.
133. As far as protection from ill-treatment is concerned, the Committee recommends that the social preventive approach be strengthened and that further measures be undertaken to educate parents about their responsibilities towards their children, including through the provision of family education which should emphasize the equal responsibilities of both parents and contribute to the prevention of the use of corporal punishment.
134. The Committee welcomes the invitation addressed by the delegation to the Committee to visit Tunisia. The Committee also recommends that the initial report, the summary records of the discussion between the delegation and the Committee and the present concluding observations be widely disseminated in order to deepen the debate on the rights of the child in Tunisia. The Committee would like to suggest that these documents be brought to the attention of the Parliament and that the suggestions and recommendations for action contained therein be followed up.
5. Concluding observations: Sri Lanka
135. The Committee considered the initial report of Sri Lanka (CRC/C/8/Add.13) at its 228th to 230th meetings (CRC/C/SR.228-230), held on 5 and 6 June 1995 and adopted* the following concluding observations:
A. Introduction
136. The Committee notes with satisfaction the submission of the initial report of Sri Lanka and the written answers to its list of issues. The Committee is encouraged by the frank and cooperative tone of the dialogue, in which the delegation of the State party indicated not only the progress achieved with regard to the implementation of the provisions of the Convention, but also the difficulties encountered during implementation. The Committee takes note of the statement made by the delegation that it was unfortunately not possible for a larger delegation to be present during the dialogue, as had initially been the intention of the Government.
B. Positive aspects
137. The Committee notes with appreciation the establishment in 1993 of a National Committee for the Monitoring of the Rights of the Child under the Ministry of Health, Highways and Social Service. It also welcomes the launching in 1991 of the Action Plan for Children in Sri Lanka to be implemented during the period 1992-1996. The Committee is encouraged to note the existence of a dialogue between the State party and non-governmental organizations, particularly the NGO Forum.
138. With respect to legislative reform, the Committee welcomes the State party's consideration of the possibility of amending laws relating to child abuse, child labour and juvenile justice, to ensure their compatibility with the provisions of the Convention.
139. The Committee also notes the willingness of the delegation of Sri Lanka to seek advice and technical assistance from the United Nations bodies and specialized agencies and from national and international non-governmental institutions in the fields of child abuse, child labour and juvenile justice.
C. Factors and difficulties impeding the implementation of the Convention
140. The Committee takes note of the difficult economic and social situation of Sri Lanka, particularly due to the adverse effects of structural adjustment measures and the ongoing civil armed conflict in the North and East regions of the country which drains national resources. Eight of the 25 provinces of the country are affected by the conflict which during the last 12 years has taken the lives of 30,000 people and currently has an impact on over half a million children.
D. Principal subjects of concern
141. The Committee regrets that the Government of Sri Lanka has not taken due consideration of the provisions of article 4 of the Convention. It regrets that only a small part of the national budget is dedicated to the protection of the child and notes the high proportion of military expenditures.
142. The Committee notes with concern that neither the Convention nor the Charter on Children's Rights is of binding nature within the national legal system. The Committee is concerned by the fact that the general principles of the Convention, including, in particular, article 2 (principle of non-discrimination), article 3 (principle of the best interests of the child) and article 12 (respect for the views of the child) are not reflected in the national legislation.
143. The lack of efficient and integrated mechanisms to monitor the situation of children is a matter of concern, particularly since the constitutional change gave increasing political power to the provinces. The Committee notes in this regard a lack of reliable quantitative and qualitative data, a shortage of means to implement programmes, and a lack of indicators and mechanisms to evaluate the progress and impact of policies adopted.
144. The Committee is concerned by the absence of coordination within the governmental departments and ministries, as well as between central and regional authorities. This affects negatively the implementation of global policies to promote and protect the rights of the child.
145. The Committee is worried about the existence of disparities concerning the three different laws (Sri Lankan, Kandyan and Muslim) regulating the minimum age for marriage. These legislations establish different minimum ages for marriage between boys and girls and authorize the marriages of girls as young as 12 years of age who have obtained parental consent from the parents. Such situations may raise the question of compatibility with the principles of non-discrimination and the best interests of the child (arts. 2 and 3).
146. The Committee remains concerned about the apparent persistence of discriminatory attitudes directed towards girls, children born out of wedlock, children from poorer income groups, rural children, child refugees or displaced children, working children, children affected by armed conflicts and children of overseas workers.
147. The Committee expresses its concern regarding the implementation of article 12 of the Convention. The views of the child are not sufficiently taken into account, especially within the family, the school and the juvenile justice system.
148. The Committee is concerned about the continuing difficulties encountered in ensuring birth registration, particularly of children born out of wedlock. The registration is necessary for all children so that they can fully enjoy their fundamental rights and freedoms.
149. With respect to child abuse, including sexual abuse, the Committee is seriously alarmed by the prevalence of this type of abuse. The Committee is worried about the fact that no specific rehabilitation measures exist for abused children and that they are treated like delinquents. Corporal punishment also persists in Sri Lankan society and is accepted in schools.
150. The Committee is concerned about the situation of children whose mothers are working abroad, especially in Gulf countries, leaving their children behind. Those children (between 200,000 and 300,000) often live in difficult circumstances and may be subjected to different types of abuse or exploitation.
151. The Committee notes that the Sri Lankan authorities have enacted new legislation on international adoption which ensures safeguards against the sale and trafficking of children. The Committee remains worried about the fact that the same measures have not been taken to regulate national adoptions.
152. The Committee expresses its deep concern about the high level of malnutrition among children. It is estimated that 23 per cent of infants are born with low birth weight.
153. The Committee is also deeply concerned about the surprisingly high rate of suicide among youngsters.
154. The Committee is concerned about the inadequate measures taken to improve the access of displaced and refugee children to education and health services.
155. The Committee is worried about the high rates of school drop out, the discrepancies in education facilities, especially in rural areas, and the insufficiency of preschool establishments which are usually managed by non-governmental institutions and are not under State responsibility.
156. The Committee expresses its concern about implementation of the provisions and principles of the Convention in relation to the administration of juvenile justice. It is deeply concerned by the low age of criminal
responsibility (8 years old) and the status of children between 16 and 18 years old who are considered by penal law as adults. Those children are examined by adult courts.
157. The Committee expresses its grave concern about the substantial number of children working as domestic servants and who are often subjected to sexual abuse. It is also deeply worried about the increasing number of children exploited sexually, especially young boys forced into prostitution, both locally and in international sex tourism.
158. The Committee is seriously preoccupied by the large number of children affected by the armed conflict and especially those who have been displaced and those who have become orphans as a result of the war. The Committee is also worried about the hazardous provision of health services in areas affected by the armed conflict. The Committee notes with regret that the initial report of Sri Lanka did not give comprehensive information on the effect of armed conflict on children, their involvement in the armed forces and the way the authorities handle child soldiers prisoners of war.
E. Suggestions and recommendations
159. The Committee recommends that the State party harmonize its national legislation with the provisions and principles of the Convention. Principles relating to the best interests of the child and the prohibition of discrimination in relation to children should be reflected in domestic law, and it should be possible to invoke them before the courts.
160. The Committee is aware that the State party is in the process of reviewing its legislation relating to child abuse, child labour and juvenile justice and, in that regard, draws the attention of the State party to the activities developed by the programme of advisory services and technical assistance of the United Nations Centre for Human Rights.
161. The Committee welcomes the adoption of a national Charter on Children's Rights but recommends that it be given the status of law and its provisions, where necessary, raised to the standards of the Convention.
162. The Committee strongly recommends that consideration should be given to raising and standardizing the age for contracting marriage in all communities, to raising the age for engaging in labour and for penal responsibility and to eliminate discrimination towards children born out of wedlock.
163. Measures should be taken to strengthen the Children Secretariat and the National Committee for the Monitoring of the Rights of the Child. The Committee recommends that an independent monitoring mechanism be implemented. In this regard, the establishment of an ombudsperson would be welcomed. Coordination mechanisms should also be strengthened between all authorities involved in human rights and children's rights, especially with the Ministry of Woman Affairs, at both national and local levels. The Committee suggests that measures be taken to improve the system for collecting statistics, accurate indicators and other data about the status of children.
164. The Committee encourages the Government of Sri Lanka to pay particular attention to the full implementation of article 4 of the Convention and to ensure a judicious distribution of the resources at central, regional and local levels. Budget allocations for the implementation of economic, social and cultural rights, particularly probation and care services, should be ensured to the maximum extent of available resources and in the light of the best interest of the child.
165. With respect to the implementation of articles 12, 13 and 15 of the Convention, the Committee recommends that consideration be given by the State party to facilitate children's participation and the respect of their views in decisions affecting them, especially in the family, at school and in courts.
166. The Committee recommends that the State party take measures to combat violence and abuse of children, including sexual abuse and corporal punishment. During the process of reviewing its law on child abuse, the State party should carefully take into account all the provisions guaranteed by article 19 of the Convention. It further suggests that professional groups, including teachers, law enforcement personnel, social workers and the military, be trained with respect to the provisions on the Convention. International technical assistance could be requested by the authorities in relation to this matter.
167. To avoid the abandonment of children by mothers working abroad, the Committee suggest that the State party engage in dialogue with receiving countries to ensure an international agreement that permits migrant workers to take their children abroad. Ratification of the International Convention on the Rights of All Migrant Workers and Members of Their Families should be considered.
168. To combat institutionalization and abandonment of children born out of wedlock, the Committee recommends that the State party establishes an adequate alternative family care system that responds to the national culture and customs. The Committee also encourages the authorities to give full support to mothers of children born out of wedlock wishing to keep their child.
169. With regard to national adoption, the Committee stresses the need to raise the standards to those existing for international adoption. The Committee welcomes the fact that Sri Lanka was one of the first States to ratify the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption of 1993.
170. The Committee suggests that rehabilitation measures be taken for abused children and that the Government prohibits the publication by the media of the names of the victims.
171. To improve the understanding and the prevention of suicide, the Committee encourages the authorities to launch a study and a survey concerning this phenomenon.
172. In view of the general problem of displaced and refugee children, the Committee recommends that all appropriate measures be taken to ensure that those vulnerable groups have access to basic services, particularly in the fields of education, health and social rehabilitation.
173. The Committee recommends that the Ministry of Education should take under its responsibility the establishment and management of preschool facilities.
174. With regard to the administration of juvenile justice, it is suggested that necessary measures be taken by the State party to implement fully the principles and provisions of the Convention. The Committee recommends that the law reform to be undertaken in this field adequately reflect the 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. It is suggested that due attention be paid to the best interest of the child, to his or her right to be heard, and that deprivation of liberty be considered as a measure of last resort and for the minimum period possible. In this regard, the Committee recommends that the criminal age should be raised and that persons aged between 16 and 18 be considered as children.
175. The Committee recommends that the law reform on child labour raises the minimum age of access to labour to 15 years old and the compulsory education age to the same limit. The Committee suggests that a monitoring and inspection mechanism be established to facilitate an effective implementation of the new law. The State party should give due attention to domestic child workers and encourage, through the promotion and implementation of the Convention, a change of mentality and attitudes. The Committee would like to suggest that the Government of Sri Lanka consider requesting technical assistance from ILO in the perspective of the legislative reform and suggests that the State party envisage ratifying ILO Convention No. 138.
176. The Committee expresses its deep concern about the development of sexual exploitation of children, especially of boys, through sex tourism. The Committee suggests that the authorities engage a prevention campaign on the HIV virus and strengthen its procedures to supervise tourist areas where the problem prevails.
177. The Committee 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 and that the publication of the report be considered, along with the relevant summary records and the concluding observations adopted thereon by the Committee.
178. With regard to the traumatic impact on children of the civil armed conflict in Sri Lanka, the Committee recommends that, in the light of article 44, paragraph 4, of the Convention, additional information be submitted to the Committee within two years about the effects of the armed conflict on children, their participation in combat and the way authorities handle child soldiers prisoners of war.
IV. OVERVIEW OF THE OTHER ACTIVITIES OF THE COMMITTEE
A. Preparatory process of the Fourth World Conference on Women:
Action for Equality, Development and Peace
179. Mrs. Badran informed the Committee about the preparatory meeting the Conference held in New York in March 1995. She particularly emphasized the fact that the draft Platform of Action had incorporated a separate chapter on the girl child, while reflecting throughout the document a constant reference to the situation and fundamental rights of girls. Although some disagreement still prevailed on some sensitive issues, the draft clearly reflected the importance of adopting measures to promote and protect the rights of girls, which in turn would undoubtedly contribute to strengthening the realization of women's rights.
180. The Committee recalled its previous decision to participate in and contribute to the Fourth World Conference on Women, scheduled to take place in Beijing in September 1995. It expressed its firm decision to be represented by a delegation allowing it to participate in an effective and meaningful manner in the different events scheduled to take place during the Conference. It noted in this regard that it would be necessary to follow closely the drafting process of the Platform for Action with a view to ensuring the full recognition of the rights of girls, as well as the inclusion of the Committee on the Rights of the Child as an essential mechanism within the framework of the international machinery entrusted with the task of monitoring and periodically reviewing the implementation of the Platform for Action.
B. Meeting with the United Nations expert on the
impact of armed conflict on children
181. In the spirit of cooperation which had inspired the previous meeting held during its seventh session, the Committee pursued its dialogue with Mrs. Machel on the study she is undertaking on the impact of armed conflict on children.
182. The High Commissioner for Human Rights participated in this important exchange of views, and stressed his firm belief in the need to assign a clear priority to the promotion and protection of children's rights, as well as to the strengthening of actions of preventive diplomacy.
183. Mrs. Machel informed the Committee about recent developments having taken place within the framework of the study, in particular her field visit to Rwanda, the African Regional Consultation held in Addis Ababa and the first meeting of Eminent Persons. She emphasized the importance of envisaging the study as a process designed to create wider awareness of the fundamental value of the rights of the child, as well as a tool to encourage the adoption by the international community, Governments and the civil society as a whole, of active measures to protect children and see them as a clear zone of
peace.
184. Recalling the terms of reference arising from her mandate, as defined by General Assembly resolution 48/157, she stressed the essential role played by
the Convention and the thematic debate held by the Committee in this field. She further reaffirmed her willingness and openness to continue to closely cooperate with the Committee and to benefit from its suggestions.
185. The Committee welcomed this opportunity of exchanging views with Mrs. Machel and expressed its willingness to continue to closely cooperate with her.
C. Meeting with the Special Rapporteur on Rwanda
186. The Committee welcomed the opportunity to hold a meeting with the Special Rapporteur appointed by the Commission on Human Rights to follow the situation of human rights in Rwanda.
187. The Special Rapporteur informed the Committee about the recent developments having occurred in that country and his deep concern about the dramatic situation faced by children. He emphasized his recent decision to establish a special mechanism in Rwanda to closely assess and monitor the way children's rights and women's rights are promoted and protected. In his opinion, such a mechanism would contribute to gathering information on a systematic basis and to creating wider awareness of the tragic reality experienced as a result of the persisting ethnic conflict.
188. The Special Rapporteur welcomed the suggestion made by the Committee to include in his future reports a separate chapter on the rights of the child, as well as to take the Convention into consideration in the framework of his mandate.
189. In this respect, and in the light of the concern voiced by the Committee, he further expressed his readiness to address the question of the instrumentalization and victimization of children by the conflict, including in the area of juvenile justice. He believed that in this particular field, further attention should be paid to the situation of children who either had been the target of acts of genocide or had been accused of committing such acts. It was stressed that a large number of children were at present deprived of their liberty while awaiting trial and that serious consideration should be given to the Convention on the Rights of the Child, to which Rwanda was a party, with special attention to the implementation of articles 37, 39 and 40.
190. Recalling its decision to hold a thematic debate in the area of juvenile justice at its next session, the Committee invited the Special Rapporteur to consider participating in that discussion and sharing with the Committee his experience and possible recommendations.
191. The Committee thanked the Special Rapporteur for his openness to the suggestions made by the Committee in the framework of his mandate and expressed its willingness to continue to closely cooperate with him in the future.
D. Meeting with the Special Rapporteur on the sale of children,
child prostitution and child pornography
192. The Committee welcomed the opportunity to meet Mrs. Ofelia Calcetas-Santos, recently appointed as Special Rapporteur of the Commission on Human Rights.
193. The exchange of views provided a meaningful opportunity to reaffirm the importance of ensuring close cooperation between the Committee and the Special Rapporteur in the areas of sale, prostitution and pornography which can bear such a negative impact on the lives and rights of children.
194. It was recognized that such cooperation could decisively contribute to developing an essential network of information as well as to encouraging research in the fields covered by the mandate of the Special Rapporteur, which would in turn undoubtedly strengthen the level of protection of children's rights.
195. The Special Rapporteur emphasized the importance she attached to the terms of reference of her mandate, particularly in relation to the definition of the areas of her future action. Recalling the approach followed by her predecessor, she stressed that it was her intention to put due emphasis on the value of prevention, and in particular on the role played by education and the media. She also believed it would be important to encourage the adoption of further steps to combat impunity, still often prevailing in situations where children are victims of sale, prostitution or pornography.
196. The Committee thanked the Special Rapporteur for her openness during this first dialogue and expressed its willingness to hold future meetings with a view to exchange views on such important areas of a common concern.
E. Cooperation with United Nations and other competent bodies
197. Recalling the importance it attaches to international cooperation with a view to fostering the realization of the rights of the child, the Committee had decided at its eighth session to hold during the present session a meeting with United Nations bodies and specialized agencies, as well as other competent bodies. As at previous sessions, the exchange of views was designed to evaluate progress and consider further ways of strengthening the dialogue and interaction with the different partners in the implementation of the Convention, namely in the light of its article 45. At the request of the Committee, the Secretariat had prepared a note reflecting the main issues raised and proposals made during the previous discussion.
198. Representatives from ILO, UNICEF, WHO, UNHCR, UNESCO and the Centre for Human Rights (Advisory Services, Technical Assistance and Information Branch), as well as INTERPOL and non-governmental organizations, participated in the discussion.
199. For this important exchange of views, a working document had been prepared by Mr. Hammarberg on goals and strategies for the work of the Committee for the next four years of its activities. In the light of the Vienna Declaration and Programme of Action adopted at the World Conference on Human Rights, the document identified six essential goals: universal ratification of the Convention by 1995, withdrawal of reservations made by States parties upon ratification, submission of timely and constructive reports, effective international monitoring, support to the national process and international cooperation.
200. The Committee, recalling its previous consideration of these areas as well as its earlier deliberations, emphasized the important field of international cooperation, in particular as addressed by articles 4 and 45 of the Convention. It recalled the attention paid by this legal instrument to the building up of a spirit of solidarity, which should be reflected and taken into account including in the activities of the international financial and development institutions as well as in the action developed by donor countries.
201. It was felt that the concluding observations adopted by the Committee following the consideration of the States parties reports should be seen as a major reference within the framework of bilateral and multilateral negotiations, and play a decisive role in the shaping of new programmes at the country level for the promotion and protection of the rights of the child.
202. Moreover, the Committee stressed the essential importance of the national process of implementation, recognizing its crucial role to encourage the ratification of the Convention, to create awareness and understanding of its principles and provisions, to ensure a comprehensive law reform, to establish mechanisms of coordination and monitoring on the basis of a comprehensive system of data collection. The national process was also clearly of decisive relevance in the preparation of the country report on the implementation of the Convention and to ensure an effective follow-up to the concluding observations adopted by the Committee once the report would have been examined. In this regard, reference was made to the World Conference on Human Rights and to the emphasis put in its Final Document on the "comprehensive national approach taken by the Committee on the Rights of the Child". The encouragement to follow this approach clearly confirmed the importance of integrating the Convention on the Rights of the Child into national action plans, and to pave the way for a holistic approach to the rights of the child and for the consideration of multidisciplinary action in favour of children.
203. The representative of ILO informed the Committee that the concluding observations adopted following the examination of each State party report were now systematically sent to the ILO representatives in the country concerned and used in the discussions held with Governments, trade unions and employers' organizations. The recommendations adopted by the Committee would thus be reflected in the national programmes of action and, whenever appropriate, pave the way for a specific programme. ILO would keep the Committee informed of such developments on a regular basis with a view to allowing for a periodic evaluation of the impact of international cooperation and technical assistance programmes in the field of the rights of the child, particularly at the national level.
204. The representative expressed the willingness of the ILO to cooperate with the Committee in the interpretation of the provisions of the Convention relevant to its mandate, as well as to assist in the consideration of the reservations made upon ratification, namely in the context of article 32.
205. He further informed the Committee that the Governing Body of the organization was considering the possibility of holding a general discussion on child labour during the 1998 General Conference, to which the Committee would be invited.
206. The representative of WHO (Global Programme on AIDS) provided information about the recent measures taken in relation to the programme on AIDS, including the future joint UNAIDS programme which would soon start. He further emphasized the importance given by the organization to disseminating information about children's rights and actively interacting with human rights organizations and mechanisms at the national level.
207. A representative of the Advisory Services, Technical Assistance and Information Branch of the Centre for Human Rights informed the Committee about its programme of advisory services and technical assistance. He emphasized the fact that this programme was not intended to replace the monitoring system of human rights in a country and that its aim was to envisage a process of partnership with the Government and the civil society, combining assistance with accountability. He informed the Committee that a meeting on technical assistance and follow-up to the recommendations made by treaty bodies would soon take place in the Centre for Human Rights and that the Committee on the Rights of the Child was expected to participate in it.
208. Recalling the different areas of activity of the Branch, he welcomed the priority currently given to the publication of training manuals for specific professional groups. He announced in this regard that future manuals would address the areas of juvenile justice and law enforcement officials.
209. The representative of INTERPOL recalled the priority attached by her organization to the rights of the child, as reflected in the previous meetings held between the Committee and the Standing Working Party on Offences against Minors. The Standing Working Party had since been entrusted with the task of coordinating action both with the different member countries and the United Nations. For that purpose, a network of liaison officers had been established in 62 States, most of which had already been provided with special training in the field of child exploitation. In relation to the United Nations, close cooperation had been ensured with the Crime Prevention and Criminal Justice Branch and with the Centre for Human Rights, in particular in the area of training of law enforcement personnel.
210. The Coordinator of the NGO Group on the Convention on the Rights of the Child stressed that the reporting process under the Convention was paving the way for closer cooperation between Governments and non-governmental organizations. Recalling the importance played by the establishment of national and regional coalitions, she welcomed the fact that the concluding observations of the Committee mentioned the role of non-governmental organizations in the implementation of the recommendations addressed to States parties. She reiterated the willingness of the NGO Group to continue to cooperate with the United Nations bodies, including the Centre for Human Rights, in training and assistance activities developed with a view to implementing the Convention on the Rights of the Child.
211. The Committee welcomed this fruitful exchange of views and the different proposals made to improve the system of international cooperation in the fields covered by the Convention. It recalled the importance of such a dialogue both for the consideration and implementation of technical assistance programmes and the organization of thematic discussions on the rights recognized by the Convention.
212. For these reasons, it decided to institutionalize these meetings on at least an annual basis, thus allowing for a periodic evaluation of progress achieved and difficulties encountered. It reiterated its recommendation that a focal point on the Convention be established within each United Nations body or specialized agency to enhance the existing coordination. It welcomed the decision taken by some United Nations bodies to send their regional or national representatives to follow the preparation and/or the discussion of the report of the country concerned. Such a measure would undoubtedly ensure their active involvement in the implementation of the recommendations adopted by the Committee.
213. In relation to the programme of advisory services and technical assistance, the Committee recognized the importance of ensuring a closer cooperation with the Advisory Services, Technical Assistance and Information Branch. With a view to ensuring an effective complementarity, it requested that relevant information be systematically shared on the countries whose reports would be examined, thus allowing for the evaluation of existing activities at the national level or the consideration of possible areas of future technical cooperation. In this regard, the Committee stressed the importance of benefiting, whenever possible, from the presence of a representative of the Branch in the meetings of its pre-sessional working group.
F. Future day of general discussion
214. The Committee decided at its seventh session to devote a future general discussion to the question of the administration of juvenile justice. It was in fact recognized that the experience already gained in the examination of States parties reports, as well as the conclusions arising from the meeting of experts on the application of international standards concerning the human rights of detained juveniles, would pave the way for an enlightening debate on such a crucial reality. It would further raise a wider awareness of the situation of children involved with the system of the administration of juvenile justice and encourage the adoption of further measures to ensure the effective implementation of existing international standards in this field.
215. To prepare this thematic discussion, the Committee established a working group among its members (Mrs. Judith Karp, Miss Sandra Mason and
Mrs. Marta Santos Pais) with a view to preparing an outline identifying the main issues to be raised during the debate. The text of the outline (annex VIII to the present report) emphasizes the relevance of the general
principles of the Convention on the Rights of the Child and identifies as the two basic areas of concern the implementation of existing standards and the value of technical assistance programmes.
216. Taking into account its experience in the organization of previous thematic discussions and recalling the spirit of article 45 of the Convention, the Committee decided to send the prepared outline to the United Nations organs, specialized agencies and other competent bodies, including non-governmental organizations and research and academic institutions, inviting them to contribute to the discussion and provide expert advice within their respective fields of specialization.
V. DRAFT PROVISIONAL AGENDA FOR THE TENTH SESSION
217. The following is the draft provisional agenda for the tenth session of the Committee:
1. Adoption of the agenda.
2. Organizational and other matters.
3. Submission of reports by States parties in accordance with article 44 of the Convention.
4. Consideration of reports of States parties.
5. Review of developments relevant to the work of the Committee.
6. General discussion on "The administration of juvenile justice".
7. Cooperation with other United Nations bodies, specialized agencies and other competent bodies.
8. Methods of work of the Committee.
9. Future meetings of the Committee.
10. Other matters.
VI. ADOPTION OF THE REPORT
218. At its 233rd meeting, held on 9 June 1995, the Committee considered the draft report on its ninth session. The report was adopted unanimously by the Committee.
Annex I
STATES WHICH HAVE RATIFIED OR ACCEDED TO THE CONVENTION
ON THE RIGHTS OF THE CHILD AS AT 9 JUNE 1995 (175)
States Date of signature Date of receipt of Date of entry into instrument of force
ratification/accession a/
Afghanistan 27 September 1990 28 March 1994 27 April 1994
Albania 26 January 1990 27 February 1992 28 March 1992
Algeria 26 January 1990 16 April 1993 16 May 1993
Angola 14 February 1990 5 December 1990 4 January 1991
Antigua and
Barbuda 12 March 1991 5 October 1993 4 November 1993
Argentina 29 June 1990 4 December 1990 3 January 1991
Armenia 23 June 1993 a/ 22 July 1993
Australia 22 August 1990 17 December 1990 16 January 1991
Austria 26 January 1990 6 August 1992 5 September 1992
Azerbaijan 13 August 1992 a/ 12 September 1992
Bahamas 30 October 1990 20 February 1991 22 March 1991
Bahrain 13 February 1992 a/ 14 March 1992
Bangladesh 26 January 1990 3 August 1990 2 September 1990
Barbados 19 April 1990 9 October 1990 8 November 1990
Belarus 26 January 1990 1 October 1990 31 October 1990
Belgium 26 January 1990 16 December 1991 15 January 1992
Belize 2 March 1990 2 May 1990 2 September 1990
Benin 25 April 1990 3 August 1990 2 September 1990
Bhutan 4 June 1990 1 August 1990 2 September 1990
Bolivia 8 March 1990 26 June 1990 2 September 1990
Bosnia and
Herzegovina* 6 March 1992
Botswana 14 March 1995 a/ 13 April 1995
Brazil 26 January 1990 24 September 1990 24 October 1990
Bulgaria 31 May 1990 3 June 1991 3 July 1991
Burkina Faso 26 January 1990 31 August 1990 30 September 1990
Burundi 8 May 1990 19 October 1990 18 November 1990
Cambodia 22 September 1992 15 October 1992 14 November 1992
Cameroon 25 September 1990 11 January 1993 10 February 1993
Canada 28 May 1990 13 December 1991 12 January 1992
Cape Verde 4 June 1992 a/ 4 July 1992
* Succession.
a/ Accession.
States Date of signature Date of receipt of Date of entry into
instrument of force
ratification/accession a/
Central
African
Republic 30 July 1990 23 April 1992 23 May 1992
Chad 30 September 1990 2 October 1990 1 November 1990
Chile 26 January 1990 13 August 1990 12 September 1990
China 29 August 1990 2 March 1992 1 April 1992
Colombia 26 January 1990 28 January 1991 27 February 1991
Comoros 30 September 1990 22 June 1993 21 July 1993
Congo 14 October 1993 a/ 13 November 1993
Costa Rica 26 January 1990 21 August 1990 20 September 1990
Côte d'Ivoire 26 January 1990 4 February 1991 6 March 1991
Croatia* 8 October 1991
Cuba 26 January 1990 21 August 1991 20 September 1991
Cyprus 5 October 1990 7 February 1991 9 March 1991
Czech Republic* 1 January 1993
Democratic
People's
Republic of
Korea 23 August 1990 21 September 1990 21 October 1990
Denmark 26 January 1990 19 July 1991 18 August 1991
Djibouti 30 September 1990 6 December 1990 5 January 1991 Dominica 26 January 1990 13 March 1991 12 April 1991
Dominican
Republic 8 August 1990 11 June 1991 11 July 1991
Ecuador 26 January 1990 23 March 1990 2 September 1990
Egypt 5 February 1990 6 July 1990 2 September 1990
El Salvador 26 January 1990 10 July 1990 2 September 1990
Equatorial
Guinea 15 June 1992 a/ 15 July 1992
Eritrea 20 December 1993 3 August 1994 2 September 1994
Estonia 21 October 1991 a/ 20 November 1991
Ethiopia 14 May 1991 a/ 13 June 1991
Fiji 2 July 1993 13 August 1993 12 September 1993
Finland 26 January 1990 20 June 1991 20 July 1991
France 26 January 1990 7 August 1990 6 September 1990
Gabon 26 January 1990 9 February 1994 11 March 1994
Gambia 5 February 1990 8 August 1990 7 September 1990
Germany 26 January 1990 6 March 1992 5 April 1992
Georgia 2 June 1994 a/ 2 July 1994
Ghana 29 January 1990 5 February 1990 2 September 1990
Greece 26 January 1990 11 May 1993 10 June 1993
Grenada 21 February 1990 5 November 1990 5 December 1990
States Date of signature Date of receipt of Date of entry into
instrument of force
ratification/accession a/
Guatemala 26 January 1990 6 June 1990 2 September 1990
Guinea 13 July 1990 a/ 2 September 1990
Guinea-
Bissau 26 January 1990 20 August 1990 19 September 1990
Guyana 30 September 1990 14 January 1991 13 February 1991
Haiti 20 January 1990 8 June 1995 8 July 1995
Holy See 20 April 1990 20 April 1990 2 September 1990
Honduras 31 May 1990 10 August 1990 9 September 1990
Hungary 14 March 1990 7 October 1991 6 November 1991
Iceland 26 January 1990 28 October 1992 27 November 1992
India 11 December 1992 a/ 11 January 1993
Indonesia 26 January 1990 5 September 1990 5 October 1990
Iran (Islamic
Rep. of) 5 September 1991 13 July 1994 12 August 1994
Iraq 15 June 1994 a/ 15 July 1994
Ireland 30 September 1990 28 September 1992 28 October 1992
Israel 3 July 1990 3 October 1991 2 November 1991
Italy 26 January 1990 5 September 1991 5 October 1991
Jamaica 26 January 1990 14 May 1991 13 June 1991
Japan 21 September 1990 22 April 1994 22 May 1994
Jordan 29 August 1990 24 May 1991 23 June 1991
Kazakhstan 16 February 1994 12 August 1994 11 September 1994
Kenya 26 January 1990 30 July 1990 2 September 1990
Kuwait 7 June 1990 21 October 1991 20 November 1991
Kyrgyzstan 7 October 1994 6 November 1994
Lao People's
Democratic
Republic 8 May 1991 a/ 7 June 1991
Latvia 14 April 1992 a/ 14 May 1992
Lebanon 26 January 1990 14 May 1991 13 June 1991
Lesotho 21 August 1990 10 March 1992 9 April 1992
Liberia 26 April 1990 4 June 1993 4 July 1993
Libyan Arab
Jamahiriya 15 April 1993 a/ 15 May 1993
Lithuania 31 January 1992 a/ 1 March 1992
Luxembourg 21 March 1990 7 March 1994 6 April 1994
Madagascar 19 April 1990 19 March 1991 18 April 1991
Malawi 2 January 1991 a/ 1 February 1991
Malaysia 17 February 1995 a/ 19 March 1995
Maldives 21 August 1990 11 February 1991 13 March 1991
States Date of signature Date of receipt of Date of entry into
instrument of force
ratification/accession a/
Mali 26 January 1990 20 September 1990 20 October 1990
Malta 26 January 1990 30 September 1990 30 October 1990
Marshall
Islands 14 April 1993 4 October 1993 3 November 1993
Mauritania 26 January 1990 16 May 1991 15 June 1991
Mauritius 26 July 1990 a/ 2 September 1990
Mexico 26 January 1990 21 September 1990 21 October 1990
Micronesia
(Fed. States
of) 5 May 1993 a/ 4 June 1993
Monaco 21 June 1993 a/ 21 July 1993
Mongolia 26 January 1990 5 July 1990 2 September 1990
Morocco 26 January 1990 21 June 1993 21 July 1993
Mozambique 30 September 1990 26 April 1994 26 May 1994
Myanmar 15 July 1991 a/ 14 August 1991
Namibia 26 September 1990 30 September 1990 30 October 1990
Nauru 27 July 1994 a/ 26 August 1994
Nepal 26 January 1990 14 September 1990 14 October 1990
Netherlands 26 January 1990 6 February 1995 7 March 1995
New Zealand 1 October 1990 6 April 1993 6 May 1993
Nicaragua 6 February 1990 5 October 1990 4 November 1990
Niger 26 January 1990 30 September 1990 30 October 1990
Nigeria 26 January 1990 19 April 1991 19 May 1991
Norway 26 January 1990 8 January 1991 7 February 1991
Pakistan 20 September 1990 12 November 1990 12 December 1990
Panama 26 January 1990 12 December 1990 11 January 1991
Papua
New Guinea 30 September 1990 1 March 1993 31 March 1993
Paraguay 4 April 1990 25 September 1990 25 October 1990
Peru 26 January 1990 4 September 1990 4 October 1990
Philippines 26 January 1990 21 August 1990 20 September 1990
Poland 26 January 1990 7 June 1991 7 July 1991
Portugal 26 January 1990 21 September 1990 21 October 1990
Qatar 8 December 1992 3 April 1995 3 May 1995
Republic of
Korea 25 September 1990 20 November 1991 20 December 1991
Republic of
Moldova 26 January 1993 a/ 25 February 1993
Romania 26 January 1990 28 September 1990 28 October 1990
Russian
Federation 26 January 1990 16 August 1990 15 September 1990
Rwanda 26 January 1990 24 January 1991 23 February 1991
States Date of signature Date of receipt of Date of entry into
instrument of force
ratification/accession a/
Saint Kitts
and Nevis 26 January 1990 24 July 1990 2 September 1990
Saint Lucia 16 June 1993 a/ 16 July 1993
Saint Vincent
and the
Grenadines 20 September 1993 26 October 1993 25 November 1993
Samoa 30 September 1990 29 November 1994 29 December 1994
San Marino 25 November 1991 a/ 25 December 1991
Sao Tome and 14 May 1991 a/ 13 June 1991
Principe
Senegal 26 January 1990 31 July 1990 2 September 1990
Seychelles 7 September 1990 a/ 7 October 1990
Sierra Leone 13 February 1990 18 June 1990 2 September 1990
Slovakia* 1 January 1993
Slovenia* 25 June 1991
Solomon
Islands 10 April 1995 a/ 10 May 1995
Spain 26 January 1990 6 December 1990 5 January 1991
Sri Lanka 26 January 1990 12 July 1991 11 August 1991
Sudan 24 July 1990 3 August 1990 2 September 1990
Suriname 26 January 1990 1 March 1993 31 March 1993
Sweden 26 January 1990 29 June 1990 2 September 1990
Syrian Arab
Republic 18 September 1990 15 July 1993 14 August 1993
Tajikistan 26 October 1993 a/ 25 November 1993
Thailand 27 March 1992 a/ 26 April 1992
The former
Yugoslav
Republic of
Macedonia* 17 September 1991
Togo 26 January 1990 1 August 1990 2 September 1990
Trinidad and
Tobago 30 September 1990 5 December 1991 4 January 1992
Tunisia 26 February 1990 30 January 1992 29 February 1992
Turkey 14 September 1990 4 April 1995 4 May 1995
Turkmenistan 20 September 1993 a/ 19 October 1993
Uganda 17 August 1990 17 August 1990 16 September 1990
Ukraine 21 February 1991 28 August 1991 27 September 1991
United Kingdom
of Great
Britain
and Northern
Ireland 19 April 1990 16 December 1991 15 January 1992
United Rep. 1 June 1990 10 June 1991 10 July 1991
of Tanzania
States Date of signature Date of receipt of Date of entry into
instrument of force
ratification/accession a/
Uruguay 26 January 1990 20 November 1990 20 December 1990
Uzbekistan 29 June 1994 a/ 29 July 1994
Vanuatu 30 September 1990 7 July 1993 6 August 1993
Venezuela 26 January 1990 13 September 1990 13 October 1990
Viet Nam 26 January 1990 28 February 1990 2 September 1990
Yemen 13 February 1990 1 May 1991 31 May 1991
Yugoslavia 26 January 1990 3 January 1991 2 February 1991
Zaire 20 March 1990 27 September 1990 27 October 1990
Zambia 30 September 1990 5 December 1991 5 January 1992
Zimbabwe 8 March 1990 11 September 1990 11 October 1990
Annex II
MEMBERSHIP OF THE COMMITTEE ON THE RIGHTS OF THE CHILD
Membership
Name of Member Country of nationality
Mrs. Hoda BADRAN* Egypt
Mrs. Akila BELEMBAOGO** Burkina Faso
Mrs. Flora C. EUFEMIO* Philippines
Mr. Thomas HAMMARBERG** Sweden
Mrs. Judith KARP** Israel
Mr. Youri KOLOSOV** Russian Federation
Miss Sandra Prunella MASON** Barbados
Mr. Swithun Tachiona MOMBESHORA* Zimbabwe
Mrs. Marta SANTOS PAIS* Portugal
Mrs. Marilia SARDENBERG* Brazil
* Term expires on 28 February 1997.
** Term expires on 28 February 1999.
Annex III
STATUS OF SUBMISSION OF REPORTS BY STATES PARTIES UNDER ARTICLE 44 OF
THE CONVENTION ON THE RIGHTS OF THE CHILD AS AT 9 JUNE 1995
Initial reports due in 1992 |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Bangladesh |
2 September 1990 |
1 September 1992 |
|
|
Barbados |
8 November 1990 |
7 November 1992 |
|
|
Belarus |
31 October 1990 |
30 October 1992 |
12 February 1993 |
CRC/C/3/Add.14 |
Belize |
2 September 1990 |
1 September 1992 |
|
|
Benin |
2 September 1990 |
1 September 1992 |
|
|
Bhutan |
2 September 1990 |
1 September 1992 |
|
|
Bolivia |
2 September 1990 |
1 September 1992 |
14 September 1992 |
CRC/C/3/Add.2 |
Brazil |
24 October 1990 |
23 October 1992 |
|
|
Burkina Faso |
30 September 1990 |
29 September 1992 |
7 July 1993 |
CRC/C/3/Add.19 |
Burundi |
18 November 1990 |
17 November 1992 |
|
|
Chad |
1 November 1990 |
31 October 1992 |
|
|
Chile |
12 September 1990 |
11 September 1992 |
22 June 1993 |
CRC/C/3/Add.18 |
Costa Rica |
20 September 1990 |
20 September 1992 |
28 October 1992 |
CRC/C/3/Add.8 |
Democratic People's Republic of Korea |
21 October 1990 |
20 October 1992 |
|
|
Ecuador |
2 September 1990 |
1 September 1992 |
|
|
Initial reports due in 1992 (continued) |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Egypt |
2 September 1990 |
1 September 1992 |
23 October 1992 |
CRC/C/3/Add.6 |
El Salvador |
2 September 1990 |
1 September 1992 |
3 November 1992 |
CRC/C/3/Add.9 & Add.28 |
France |
6 September 1990 |
5 September 1992 |
8 April 1993 |
CRC/C/3/Add.15 |
Gambia |
7 September 1990 |
6 September 1992 |
|
|
Ghana |
2 September 1990 |
1 September 1992 |
|
|
Grenada |
5 December 1990 |
4 December 1992 |
|
|
Guatemala |
2 September 1990 |
1 September 1992 |
5 January 1995 |
CRC/C/3/Add.33 |
Guinea |
2 September 1990 |
1 September 1992 |
|
|
Guinea-Bissau |
19 September 1990 |
18 September 1992 |
|
|
Holy See |
2 September 1990 |
1 September 1992 |
2 March 1994 |
CRC/C/3/Add.27 |
Honduras |
9 September 1990 |
8 September 1992 |
11 May 1993 |
CRC/C/3/Add.17 |
Indonesia |
5 October 1990 |
4 October 1992 |
17 November 1992 |
CRC/C/3/Add.10 & CRC/C/3/Add.26 |
Kenya |
2 September 1990 |
1 September 1992 |
|
|
Mali |
20 October 1990 |
19 October 1992 |
|
|
Malta |
30 October 1990 |
29 October 1992 |
|
|
Mauritius |
2 September 1990 |
1 September 1992 |
|
|
Mexico |
21 October 1990 |
20 October 1992 |
15 December 1992 |
CRC/C/3/Add.11 |
Mongolia |
2 September 1990 |
1 September 1992 |
20 October 1994 |
CRC/C/3/Add.32 |
Namibia |
30 October 1990 |
29 October 1992 |
21 December 1992 |
CRC/C/3/Add.12 |
Initial reports due in 1992 (continued) |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Nepal |
14 October 1990 |
13 October 1992 |
10 April 1995 |
CRC/C/3/Add.34 |
Nicaragua |
4 November 1990 |
3 November 1992 |
12 January 1994 |
CRC/C/3/Add.25 |
Niger |
30 October 1990 |
29 October 1992 |
27 April 1994 |
CRC/C/3/Add.29 |
Pakistan |
12 December 1990 |
11 December 1992 |
25 January 1993 |
CRC/C/3/Add.13 |
Paraguay |
25 October 1990 |
24 October 1992 |
30 August 1993 |
CRC/C/3/Add.22 |
Peru |
4 October 1990 |
3 October 1992 |
28 October 1992 |
CRC/C/3/Add.7 & CRC/C/3/Add.24 |
Philippines |
20 September 1990 |
19 September 1992 |
21 September 1993 |
CRC/C/3/Add.23 |
Portugal |
21 October 1990 |
20 October 1992 |
17 August 1994 |
CRC/C/3/Add.30 |
Romania |
28 October 1990 |
27 October 1992 |
14 April 1993 |
CRC/C/3/Add.16 |
Russian Federation |
15 September 1990 |
14 September 1992 |
16 October 1992 |
CRC/C/3/Add.5 |
Saint Kitts and Nevis |
2 September 1990 |
1 September 1992 |
|
|
Senegal |
2 September 1990 |
1 September 1992 |
12 September 1994 |
CRC/C/3/Add.31 |
Seychelles |
7 October 1990 |
6 October 1992 |
|
|
Sierra Leone |
2 September 1990 |
1 September 1992 |
|
|
Sudan |
2 September 1990 |
1 September 1992 |
29 September 1992 |
CRC/C/3/Add.3 & CRC/C/3/Add.20 |
Sweden |
2 September 1990 |
1 September 1992 |
7 September 1992 |
CRC/C/3/Add.1 |
Togo |
2 September 1990 |
1 September 1992 |
|
|
Initial reports due in 1992 (continued) |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Uganda |
16 September 1990 |
15 September 1992 |
|
|
Uruguay |
20 December 1990 |
19 December 1992 |
|
|
Venezuela |
13 October 1990 |
12 October 1992 |
|
|
Viet Nam |
2 September 1990 |
1 September 1992 |
30 September 1992 |
CRC/C/3/Add.4 & CRC/C/3/Add.21 |
Zaire |
27 October 1990 |
26 October 1992 |
|
|
Zimbabwe |
11 October 1990 |
10 October 1992 |
23 May 1995 |
CRC/C/3/Add.35 |
|
|
|
|
|
Initial reports due in 1993 |
||||
Angola |
4 January 1991 |
3 January 1991 |
|
|
Argentina |
3 January 1991 |
2 January 1993 |
17 March 1993 |
CRC/C/8/Add.2 & Add.17 |
Australia |
16 January 1991 |
15 January 1993 |
|
|
Bahamas |
22 March 1991 |
21 March 1993 |
|
|
Bulgaria |
3 July 1991 |
2 July 1993 |
|
|
Colombia |
27 February 1991 |
26 February 1993 |
14 April 1993 |
CRC/C/8/Add.3 |
Côte d'Ivoire |
6 March 1991 |
5 March 1993 |
|
|
Croatia |
7 November 1991 |
6 November 1993 |
8 November 1994 |
CRC/C/8/Add.19 |
Cuba |
20 September 1991 |
19 September 1993 |
|
|
Cyprus |
9 March 1991 |
8 March 1993 |
22 December 1994 |
CRC/C/8/Add.24 |
Denmark |
18 August 1991 |
17 August 1993 |
14 September 1993 |
CRC/C/8/Add.8 |
Initial reports due in 1993 (continued) |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Djibouti |
5 January 1991 |
4 January 1993 |
|
|
Dominica |
12 April 1991 |
11 April 1993 |
|
|
Dominican Republic |
11 July 1991 |
10 July 1993 |
|
|
Estonia |
20 November 1991 |
19 November 1993 |
|
|
Ethiopia |
13 June 1991 |
12 June 1993 |
|
|
Finland |
20 July 1991 |
19 July 1993 |
12 December 1994 |
CRC/C/8/Add.22 |
Guyana |
13 February 1991 |
12 February 1993 |
|
|
Hungary |
6 November 1991 |
5 November 1993 |
|
|
Israel |
2 November 1991 |
1 November 1993 |
|
|
Italy |
5 October 1991 |
4 October 1993 |
11 October 1994 |
CRC/C/8/Add.18 |
Jamaica |
13 June 1991 |
12 June 1993 |
25 January 1994 |
CRC/C/8/Add.12 |
Jordan |
23 June 1991 |
22 June 1993 |
25 May 1993 |
CRC/C/8/Add.4 |
Kuwait |
20 November 1991 |
19 November 1993 |
|
|
Lao People's Democratic Republic |
7 June 1991 |
6 June 1993 |
|
|
Lebanon |
13 June 1991 |
12 June 1993 |
21 December 1994 |
CRC/C/8/Add.23 |
Madagascar |
18 April 1991 |
17 May 1993 |
20 July 1993 |
CRC/C/8/Add.5 |
Malawi |
1 February 1991 |
31 January 1993 |
|
|
Maldives |
13 March 1991 |
12 March 1993 |
6 July 1994 |
CRC/C/8/Add.15 |
Mauritania |
15 June 1991 |
14 June 1993 |
|
|
Initial reports due in 1993 (continued) |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Myanmar |
14 August 1991 |
13 August 1993 |
|
|
Nigeria |
19 May 1991 |
18 May 1993 |
|
|
Norway |
7 February 1991 |
6 February 1993 |
30 August 1993 |
CRC/C/8/Add.7 |
Panama |
11 January 1991 |
10 January 1993 |
|
|
Poland |
7 July 1991 |
6 July 1993 |
11 January 1994 |
CRC/C/8/Add.11 |
Republic of Korea |
20 December 1991 |
19 December 1993 |
17 November 1994 |
CRC/C/8/Add.21 |
Rwanda |
23 February 1991 |
22 February 1993 |
30 September 1992 |
CRC/C/8/Add.1 |
San Marino |
25 December 1991 |
24 December 1993 |
|
|
Sao Tome and Principe |
13 June 1991 |
12 June 1993 |
|
|
Slovenia |
25 June 1991 |
24 June 1993 |
29 May 1995 |
CRC/C/8/Add.25 |
Spain |
5 January 1991 |
4 January 1993 |
110 August 1993 |
CRC/C/8/Add.6 |
Sri Lanka |
11 August 1991 |
10 August 1993 |
23 March 1994 |
CRC/C/8/Add.13 |
The former Yugoslav Republic of Macedonia |
17 September 1991 |
16 September 1993 |
|
|
Ukraine |
27 September 1991 |
26 September 1993 |
8 October 1993 |
CRC/C/8/Add.10/ Rev.1 |
United Republic of Tanzania |
10 July 1991 |
9 July 1993 |
29 April 1994 |
CRC/C/8/Add.14 |
Yemen |
31 May 1991 |
30 May 1993 |
14 November 1994 |
CRC/C/8/Add.20 |
Yugoslavia |
2 February 1991 |
1 February 1993 |
21 September 1994 |
CRC/C/8/Add.16 |
|
||||
Initial reports due in 1994 |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Albania |
28 March 1992 |
27 March 1994 |
|
|
Austria |
5 September 1992 |
4 September 1994 |
|
|
Azerbaijan |
12 September 1992 |
11 September 1994 |
|
|
Bahrain |
14 March 1992 |
14 March 1994 |
|
|
Belgium |
15 January 1992 |
14 January 1994 |
12 July 1994 |
CRC/C/11/Add.4 |
Bosnia and Herzegovina |
6 March 1992 |
5 March 1994 |
|
|
Cambodia |
14 November 1992 |
15 November 1994 |
|
|
Canada |
12 January 1992 |
11 January 1994 |
17 June 1994 |
CRC/C/11/Add.3 |
Cape Verde |
4 July 1992 |
3 July 1994 |
|
|
Central African Republic |
23 May 1992 |
23 May 1994 |
|
|
China |
1 April 1992 |
31 March 1994 |
27 March 1995 |
CRC/C/11/Add.7 |
Czech Republic |
1 January 1993 |
31 December 1994 |
|
|
Equatorial Guinea |
15 July 1992 |
14 July 1994 |
|
|
Germany |
5 April 1992 |
4 May 1994 |
30 August 1994 |
CRC/C/11/Add.5 |
Iceland |
27 November 1992 |
26 November 1994 |
30 November 1994 |
CRC/C/11/Add.6 |
Ireland |
28 October 1992 |
27 October 1994 |
|
|
Latvia |
14 May 1992 |
13 May 1994 |
|
|
Lesotho |
9 April 1992 |
8 April 1994 |
|
|
Lithuania |
1 March 1992 |
28 February 1994 |
|
|
Initial reports due in 1994 (continued) |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Slovakia |
1 January 1993 |
31 December 1994 |
|
|
Thailand |
26 April 1992 |
25 April 1994 |
|
|
Trinidad and Tobago |
4 January 1992 |
3 January 1994 |
|
|
Tunisia |
29 February 1992 |
28 February 1994 |
16 May 1994 |
CRC/C/11/Add.2 |
United Kingdom of Great Britain and Northern Ireland |
15 January 1992 |
14 January 1994 |
15 March 1994 |
CRC/C/11/Add.1 |
Zambia |
5 January 1992 |
4 January 1994 |
|
|
|
|
|
|
|
Initial reports due in 1995 |
||||
Algeria |
16 May 1993 |
15 May 1995 |
|
|
Antigua and Barbuda |
4 November 1993 |
3 November 1995 |
|
|
Armenia |
23 July 1993 |
5 August 1995 |
|
|
Cameroon |
10 February 1993 |
9 February 1995 |
|
|
Comoros |
22 July 1993 |
21 July 1995 |
|
|
Congo |
13 November 1993 |
12 November 1995 |
|
|
Fiji |
12 September 1993 |
11 September 1995 |
|
|
Greece |
10 June 1993 |
9 June 1995 |
|
|
India |
11 January 1993 |
10 January 1995 |
|
|
Liberia |
4 July 1993 |
3 July 1995 |
|
|
Libyan Arab Jamahiriya |
15 May 1993 |
14 May 1995 |
|
|
Initial reports due in 1995 (continued) |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Marshall Islands |
3 November 1993 |
2 November 1995 |
|
|
Micronesia (Federated States of) |
4 June 1993 |
3 June 1995 |
|
|
Monaco |
21 July 1993 |
20 July 1995 |
|
|
Morocco |
21 July 1993 |
20 July 1995 |
|
|
New Zealand |
6 May 1993 |
5 May 1995 |
|
|
Papua New Guinea |
31 March 1993 |
31 March 1995 |
|
|
Republic of Moldova |
25 February 1993 |
24 February 1995 |
|
|
Saint Lucia |
16 July 1993 |
15 July 1995 |
|
|
Saint Vincent and the Grenadines |
25 November 1993 |
24 November 1995 |
|
|
Suriname |
31 March 1993 |
31 March 1995 |
|
|
Syrian Arab Republic |
14 August 1993 |
13 August 1995 |
|
|
Tajikistan |
25 November 1993 |
24 November 1995 |
|
|
Turkmenistan |
20 October 1993 |
19 October 1995 |
|
|
Vanuatu |
6 August 1993 |
5 August 1995 |
|
|
|
|
|
|
|
Initial reports due in 1996 |
||||
Afghanistan |
27 April 1994 |
26 April 1996 |
|
|
Gabon |
11 March 1994 |
10 March 1996 |
|
|
Luxembourg |
6 April 1994 |
5 April 1996 |
|
|
Initial reports due in 1996 (continued) |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Japan |
22 May 1994 |
21 May 1996 |
|
|
Mozambique |
26 May 1994 |
25 May 1996 |
|
|
Georgia |
2 July 1994 |
1 July 1996 |
|
|
Iraq |
15 July 1994 |
14 July 1996 |
|
|
Uzbekistan |
29 July 1994 |
28 July 1996 |
|
|
Iran (Islamic Republic of) |
12 August 1994 |
11 August 1996 |
|
|
Nauru |
26 August 1994 |
25 August 1996 |
|
|
Eritrea |
2 September 1994 |
1 September 1996 |
|
|
Kazakhstan |
11 September 1994 |
10 September 1996 |
|
|
Kyrgyzstan |
6 November 1994 |
5 November 1996 |
|
|
Samoa |
29 December 1994 |
28 December 1996 |
|
|
|
||||
Initial reports due in 1997 |
||||
Netherlands |
7 March 1995 |
6 March 1997 |
|
|
Malaysia |
19 March 1995 |
18 March 1997 |
|
|
Botswana |
13 April 1995 |
12 April 1997 |
|
|
Qatar |
3 May 1995 |
2 May 1997 |
|
|
Turkey |
4 May 1995 |
3 May 1997 |
|
|
Solomon Islands |
10 May 1995 |
9 May 1997 |
|
|
Haiti |
8 July 1995 |
7 July 1997 |
|
|
Annex IV
LIST OF INITIAL REPORTS CONSIDERED BY THE COMMITTEE
AS OF 9 JUNE 1995
State party reports Observations adopted
by the Committee
Third session
(January 1993)
Bolivia CRC/C/3/Add.2 CRC/C/15/Add.1
Sweden CRC/C/3/Add.1 CRC/C/15/Add.2
Viet Nam CRC/C/3/Add.4 & 21 CRC/C/15/Add.3
Russian
Federation CRC/C/3/Add.5 CRC/C/15/Add.4
Egypt CRC/C/3/Add.6 CRC/C/15/Add.5
Sudan CRC/C/3/Add.3 CRC/C/15/Add.6 (preliminary)
Fourth session
(September-October 1993)
Indonesia CRC/C/3/Add.10 CRC/C/15/Add.7
(preliminary)
Peru CRC/C/3/Add.7 CRC/C/15/Add.8
El Salvador CRC/C/3/Add.9 & 28 CRC/C/15/Add.9
Sudan CRC/C/3/Add.3 & 20 CRC/C/15/Add.10
Costa Rica CRC/C/3/Add.8 CRC/C/15/Add.11
Rwanda CRC/C/8/Add.1 CRC/C/15/Add.12
(preliminary)
Fifth session
(January 1994)
Mexico CRC/C/3/Add.11 CRC/C/15/Add.13
Namibia CRC/C/3/Add.12 CRC/C/15/Add.14
Colombia CRC/C/8/Add.3 CRC/C/15/Add.15
(preliminary)
Romania CRC/C/3/Add.16 CRC/C/15/Add.16
Belarus CRC/C/3/Add.14 CRC/C/15/Add.17
Sixth session
(April 1994)
Pakistan CRC/C/3/Add.13 CRC/C/15/Add.18
Burkina Faso CRC/C/3/Add.19 CRC/C/15/Add.19
France CRC/C/3/Add.15 CRC/C/15/Add.20
Jordan CRC/C/8/Add.4 CRC/C/15/Add.21
Chile CRC/C/3/Add.18 CRC/C/15/Add.22
Norway CRC/C/8/Add.7 CRC/C/15/Add.23
State party reports Observations adopted
by the Committee
Seventh session
(September-October 1994)
Honduras CRC/C/3/Add.17 CRC/C/15/Add.24
Indonesia CRC/C/3/Add.10 & 26 CRC/C/15/Add.25
Madagascar CRC/C/8/Add.5 CRC/C/15/Add.26
Paraguay CRC/C/3/Add.22 CRC/C/15/Add.27
(preliminary)
Spain CRC/C/8/Add.6 CRC/C/15/Add.28
Argentina CRC/C/8/Add.2 & 17 CRC/C/15/Add.35
(adopted at the
eighth session)
Eighth session
(January 1995)
Philippines CRC/C/3/Add.23 CRC/C/15/Add.29
Colombia CRC/C/8/Add.3 CRC/C/15/Add.30
Poland CRC/C/8/Add.11 CRC/C/15/Add.31
Jamaica CRC/C/8/Add.12 CRC/C/15/Add.32
Denmark CRC/C/8/Add.8 CRC/C/15/Add.33
United Kingdom CRC/C/11/Add.1 CRC/C/15/Add.34
Ninth session
(May-June 1995)
Nicaragua CRC/C/3/Add.25 CRC/C/15/Add.36
Canada CRC/C/11/Add.3 CRC/C/15/Add.37
Belgium CRC/C/11/Add.4 CRC/C/15/Add.38
Tunisia CRC/C/11/Add.2 CRC/C/15/Add.39
Sri Lanka CRC/C/8/Add.13 CRC/C/15/Add.40
Annex V
PROVISIONAL LIST OF INITIAL REPORTS SCHEDULED FOR CONSIDERATION
AT THE COMMITTEE'S TENTH AND ELEVENTH SESSIONS
Tenth session
(30 October-17 November 1995)
State party report
Germany CRC/C/11/Add.5
Holy See CRC/C/3/Add.27
Italy CRC/C/8/Add.18
Portugal CRC/C/3/Add.30
Senegal CRC/C/3/Add.31
Ukraine CRC/C/8/Add.10/Rev.1
Eleventh session
(8-26 January 1996)
State party report
Croatia CRC/C/8/Add.19
Finland CRC/C/8/Add.22
Iceland CRC/C/11/Add.6
Republic of Korea CRC/C/8/Add.21
Yemen CRC/C/8/Add.20
Federal Republic of
Yugoslavia CRC/C/8/Add.16
Mongolia CRC/C/3/Add.32
Lebanon CRC/C/8/Add.23
Annex VI
LETTER DATED 24 MARCH 1995 FROM THE PERMANENT MISSION OF THE
FEDERAL REPUBLIC OF YUGOSLAVIA TO THE UNITED NATIONS OFFICE
AT GENEVA ADDRESSED TO THE CHAIRPERSON OF THE COMMITTEE
ON THE RIGHTS OF THE CHILD
With reference to the United Nations Secretary-General's Note No. G/SO 228/2 (3) of 2 March, 1995, advising the Government of the Federal Republic of Yugoslavia of the date and venue of the session scheduled for considering its initial report on the implementation of the Convention on the Rights of the Child, may I, upon instruction, point to the following position of my Government:
The Federal Republic of Yugoslavia is the continuation of the State, international, legal and political personality of the Socialist Federal Republic of Yugoslavia and it is strictly abiding by all the international commitments which had been undertaken by the former Yugoslavia. These include the commitment to bona fide abide by the obligations deriving from its membership in the Convention on the Rights of the Child.
We have always considered our dialogue with the Committee on the Rights of the Child a valuable one. In particular, we have highly appreciated the readiness demonstrated by the members to the Committee to get acquainted, in direct contact with the representatives of the Federal Republic of Yugoslavia, with the sufferings of the children under sanctions. We are of the view that this dialogue should be continued in the future, on the footing of equality and in mutual respect.
As a State party to the Convention on the Rights of the Child, the Federal Republic of Yugoslavia is sharing the obligations, as well as the rights, with other States parties to the Convention. Regrettably, such rights, in particular the right to participation on a footing of equality in the deliberations of the States parties to the Convention, have been denied to the Federal Republic of Yugoslavia. Within a short spell of time, the Federal Republic of Yugoslavia has on two occasions been suspended of its rights to participate at the meetings of the States parties to the Convention on the Rights of the Child: in October 1994 and in February this year.
Actions of this type are in contravention of the provisions of the Convention itself, and contrary to the Convention and the basic norms contained in the Law of Treaties. They imply a violation of the principle of equality among States parties.
On several occasions, the Federal Republic of Yugoslavia has pointed to the fact that the decision on suspending its legitimate rights to participate in the meetings of States parties implies the suspension of its obligations on the basis of the same Convention, the rights and obligations being indivisible.
We have been astonished by the fact whereby the issue of the rights of the child is being mixed with the imposition of political interests and with the will of a limited number of countries.
We appeal upon you, Madam Chairperson, and indeed to the entire Committee, a body competent for the following-up of honouring the commitments undertaken under this Convention, which favours an ever greater and faster progress of countries in implementing the Convention, to protect the Federal Republic of Yugoslavia as a State party to the Convention rather than to allow the politicization, discrimination and abuse perpetrated by a number of States parties to the Convention on the Rights of the Child against the Federal Republic of Yugoslavia.
As a result of the current politicization of a purely humanitarian field - the field of the rights of the child - the Federal Republic of Yugoslavia will not participate in the work of the ninth session of the Committee on the Rights of the Child related to the consideration of its initial report.
In view of its already tested readiness for cooperation with the Committee on the Rights of the Child, and its wish to continue cooperation on this sensitive issue, the Federal Republic of Yugoslavia is more than willing to participate in a meeting scheduled for consideration of its report by the Committee and to take part in any other type of cooperation once the discriminative stand against it has been changed, i.e. as soon as it is admitted to participate in the meetings of States parties and to benefit from its rights as a party to the Convention on the Rights of the Child.
(Signed): Dr. Vladimir Pavicevic
Annex VII
REPLY DATED 30 MAY 1995 FROM THE CHAIRPERSON OF THE COMMITTEE
ON THE RIGHTS OF THE CHILD ADDRESSED TO THE PERMANENT MISSION
OF THE FEDERAL REPUBLIC OF YUGOSLAVIA TO THE UNITED NATIONS
OFFICE AT GENEVA
I should like to refer to your letter of 24 March 1995 which transmits the position of your Government on the invitation extended to it to participate in the consideration by the Committee on the Rights of the Child of the initial report of the Federal Republic of Yugoslavia on the implementation of the Convention on the Rights of the Child.
I wish to convey to you the regret of the Committee concerning the decision of your Government not to send a delegation to participate in the discussion scheduled during the present session. As indicated in the note verbale which was sent to the Minister for Foreign Affairs of the Federal Republic of Yugoslavia on 2 March 1995, the Committee has expressed the hope that the reporting States would send high-level representatives to attend meetings at which their reports are scheduled for consideration, in order to enable an effective and constructive dialogue to take place between the States parties and the Committee, in the light of rule 68 of the provisional rules of procedure.
Note has been taken of the reasons presented by your Government as underlying its position. In this regard, the Committee would like to clearly state its view that it considers the Federal Republic of Yugoslavia as duty bound as a State party to the Convention on the Rights of the Child and that the Committee will continue to proceed on the basis of this understanding.
In view of the foregoing, I wish to inform you that the Committee has decided to reschedule the consideration of the initial report of the Federal Republic of Yugoslavia for its eleventh session (8-26 January 1996). It is the hope of the Committee that your Government will reconsider its decision in order to allow for a dialogue to occur at that session.
(Signed): Akila Belembaogo
Annex VIII
GENERAL DISCUSSION ON THE ADMINISTRATION OF
JUVENILE JUSTICE - OUTLINE
In the light of rule 75 of its provisional rules of procedure, the Committee on the Rights of the Child has decided to devote one or more meetings of its regular sessions to a general discussion on one specific article of the Convention or related subject in order to enhance a deeper understanding of the content and implications of the Convention.
Encouraged by the successful contribution of its previous thematic debates to creating wider awareness of the principles and provisions of the Convention and to guide States in their implementation, the Committee decided to devote the day of 13 November 1995 to the question of the administration of juvenile justice.
The area of the administration of juvenile justice has deserved constant and decisive attention by the Committee within the framework of its activities as a treaty-monitoring body. Similarly, it has gained particular importance in the concluding observations adopted by the Committee on the Rights of the Child in relation to States parties reports (CRC/C/15 and Addenda). Thus, the general discussion is a special opportunity to evaluate the Committee's experience in the first years of its mandate.
The experience of the Committee has shown that the area of the administration of juvenile justice is of practical and current relevance in all regions of the world and in relation to the different existing legal systems, in particular in the light of the challenging and innovative philosophy arising from the Convention on the Rights of the Child. In fact, this legal instrument, together with other United Nations standards adopted in the field - the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty - call for the adoption of a child-oriented system, that recognizes the child as a subject of fundamental rights and freedoms and stresses the need for all actions concerning children to be guided by the best interests of the child as a primary consideration.
These, along with other essential values, demonstrate how crucial it is for States parties to adopt all necessary measures to ensure full compliance of their national law and practice with the Convention on the Rights of the Child. The general discussion will therefore set an important framework to guide such a process of change.
It is important to recall that the field of the administration of juvenile justice, and in particular the standards relating to juveniles deprived of their liberty, has become the subject of increasing and very special interest on the part of different sectors of the United Nations system. Last year an important meeting of experts was held at Vienna at which was adopted a set of important recommendations on the human rights of detained juveniles (see E/CN.4/1995/100). Addressed to the international community as a whole, United Nations bodies and agencies, States and non-governmental organizations, this set of recommendations was later endorsed both by the Commission on Human Rights (resolution 1995/41) and the Ninth United Nations Congress on the Prevention of Crime and the Treatment of Offenders (Cairo, 29 April-8 May 1995). These decisions and the report of the expert meeting therefore constitute an important reference for the thematic discussion to be held by the Committee.
The thematic debate will mainly address the provisions of articles 37, 39 and 40 of the Convention on the Rights of the Child. But it will naturally reflect the holistic approach of the Convention, thus illustrating the interdependence and indivisibility of the fundamental rights of children. In this regard, and as was the case in the previous discussions held by the Committee, the general principles of the Convention, namely of non-discrimination, the best interests of the child and the participation of the child in the decisions affecting him or her, will be of decisive importance in the consideration of this theme.
The two basic areas to be considered during the debate will be the relevance of the effective implementation of existing standards and the value of international cooperation, namely through programmes of technical assistance. The consideration of these areas will emphasize the importance of accountability for the protection of, and respect for, the human rights of children, while stressing the need to foster international solidarity for the realization of those same rights.
Pursuant to article 45 of the Convention on the Rights of the Child, United Nations organs, bodies and specialized agencies, and other competent bodies, including non-governmental organizations and research and academic institutions, are invited to contribute to the discussion and provide expert advice on these two topics, in the light of the activities developed within the scope of their mandates. These contributions may, inter alia, address the content of specific rights recognized by the Convention in articles 37, 39 and 40, inform about concrete projects carried out at the country or regional level, or illustrate successful achievements or difficulties encountered in such a process.
In order to allow for the organization of the thematic discussion, participants are requested to submit, by 20 September 1995 written contributions, which may be presented orally during the day of the general discussion, in an intervention that should not exceed 10 minutes. The Committee welcomes the submission of specific action-oriented recommendations which may effectively enhance the promotion and protection of children's rights.
Annex IX
LIST OF DOCUMENTS ISSUED FOR THE NINTH SESSION OF THE COMMITTEE
CRC/C/2/Rev.3 Reservations, declarations and objections relating to the Convention on the Rights of the Child
CRC/C/3/Add.25 Initial report of Nicaragua
CRC/C/8/Add.13 Initial report of Sri Lanka
CRC/C/8/Add.16 Initial report of the Federal Republic of Yugoslavia
CRC/C/11/Add.2 Initial report of Tunisia
CRC/C/11/Add.3 Initial report of Canada
CRC/C/11/Add.4 Initial report of Belgium
CRC/C/15/Add.36 Concluding observations Nicaragua
CRC/C/15/Add.37 Concluding observations Canada
CRC/C/15/Add.38 Concluding observations Belgium
CRC/C/15/Add.39 Concluding observations Tunisia
CRC/C/15/Add.40 Concluding observations Sri Lanka
CRC/C/19/Rev.4 Compilation of the conclusions and recommendations adopted by the Committee
CRC/C/27/Rev.2 Note by the Secretary-General on the follow-up to the consideration of reports
CRC/C/39 Note by the Secretary-General on the States parties to the Convention and the status of submission of reports
CRC/C/40 Note by the Secretary-General on areas identified by the Committee for technical assistance
CRC/C/41 Note by the Secretary-General on initial reports due in 1996
CRC/C/42 Provisional agenda and annotations
CRC/C/SR.210-233 Summary records of the ninth session
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