General Documents Not Relating To Specific States - Annual and Sessional Reports - CRC

CRC

UNITED

NATIONS

Convention on the

Rights of the Child

Distr.

GENERAL

CRC/C/54

1 July 1996

Original: ENGLISH

COMMITTEE ON THE RIGHTS OF THE CHILD

Report on the twelfth session

(Geneva, 20 May-7 June 1996)

CONTENTS

Chapter Paragraphs Page

I. ORGANIZATIONAL AND OTHER MATTERS. . . . . . . . . . . . . . . . . . . . . . . . 1 - 15 3

A. States parties to the Convention. . . . . . . . . . . . . . . . . . . . 1 - 2 3

B. Opening and duration of the session. . . . . . . . . . . . . . . . . 3 3

C. Membership and attendance. . . . . . . . . . . . . . . . . . . . . . . . . . . 4 - 8 3

D. Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4

E. Pre-sessional working group. . . . . . . . . . . . . . . . . . . . . . . . . 10 - 13 4

F. Organization of work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5

G. Future regular meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5

GE.96-17034 (E)

CONTENTS (continued)

Chapter Paragraphs Page

II. REPORTS BY STATES PARTIES UNDER ARTICLE 44

OF THE CONVENTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 - 265 5

A. Submission of reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 - 19 5

B. Consideration of reports. . . . . . . . . . . . . . . . . . . . . . . . . . . 20 - 265 6

1. Concluding observations: Lebanon. . . . . . . . . . . . . 25 - 70 7

2. Concluding observations: Zimbabwe. . . . . . . . . . . . 71 - 104 13

3. Concluding observations: China. . . . . . . . . . . . . . . . 105 - 149 18

4. Concluding observations: Nepal. . . . . . . . . . . . . . . . 150 - 190 25

5. Concluding observations: Guatemala. . . . . . . . . . . 191 - 233 31

6. Concluding observations: Cyprus. . . . . . . . . . . . . . . 234 - 265 38

III. OVERVIEW OF THE OTHER ACTIVITIES OF THE

COMMITTEE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266 - 272 41

IV. DRAFT PROVISIONAL AGENDA FOR THE

THIRTEENTH SESSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273 43

V. ADOPTION OF THE REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274 44

Annexes

I. States which have ratified or acceded to the Convention

on the Rights of the Child as at 7 June 1996. . . . . . . . . . . . . . . . . . . . . . . . . 45

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

III. Status of submission of reports by States parties under

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

at 7 June 1996. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

IV. List of initial reports considered by the Committee as at

7 June 1996. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

V. Provisional list of initial reports scheduled for

consideration at the Committee's thirteenth and

fourteenth sessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

VI. List of documents issued for the twelfth session of

the Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

I. ORGANIZATIONAL AND OTHER MATTERS

A. States parties to the Convention

1. As at 7 June 1996, the closing date of the twelfth session of the Committee on the Rights of the Child, there were 187 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.4.

B. Opening and duration of the session

3. The Committee on the Rights of the Child held its twelfth session at the United Nations Office at Geneva from 20 May to 7 June 1996. The Committee held 27 meetings (288th to 314th). An account of the Committee's deliberations at its twelfth session is contained in the relevant summary records (CRC/C/SR.288-291, 293-295, 298-303, 306-311 and 314). At the opening of the session, the High Commissioner for Human Rights, Mr. José Ayala Lasso, addressed the Committee and informed it of recent developments relevant to the protection and promotion of the rights of the child.

C. Membership and attendance

4. All the members of the Committee attended the twelfth session. Mrs. Hoda Badran, Mrs. Akila Belembaogo, Mr. Thomas Hammarberg, Mr. Swithun Tachiona Mombeshora and Mrs. Marilia Sardenberg were unable to attend the entire session. A list of the members, 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 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, World Health Organization.

7. A representative from the Institut Henri Dunant 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

Caritas Internationalis, 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 Women in Legal Careers, International Federation Terre des Hommes, International Service for Human Rights, World Organization against Torture.

Others

Epoch Worldwide, International Inner Wheel, Minority Rights Group, Network for the Convention on the Rights of the Child, NGO Group for the Convention on the Rights of the Child, One World Productions, Proden, Radda Barnen, Tibet Bureau.

D. Agenda

9. At its 288th meeting, on 20 May 1996, the Committee adopted the following agenda (CRC/C/52).

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. Cooperation with other United Nations bodies, specialized agencies and other competent bodies

6. Methods of work of the Committee, including guidelines for periodic reports

7. Future meetings of the Committee

8. Other matters

E. Pre-sessional working group

10. In accordance with the decision of the Committee at its first session, a pre-sessional working group met at Geneva from 29 January to 2 February 1996. All the members except Mr. Swithun Tachiona Mombeshora participated in the working group. The working group elected its Bureau. Representatives of the United Nations Children's Fund, the Office of the United Nations High Commissioner for Refugees, the International Labour Organization, the United Nations Educational, Scientific and Cultural Organization and the World Health Organization also participated in the meetings of the working group. A

representative of the NGO Group for the Convention on the Rights of the Child, as well as representatives from various non-governmental organizations, attended the session.

11. 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.

12. The pre-sessional working group held eight meetings, at which it examined lists of issues put before it by members of the Committee relating to the initial reports of seven countries: China, Guatemala, Mauritius, Nepal, Nigeria, Slovenia and Zimbabwe. The lists of issues were transmitted to the Permanent Missions of the States concerned with a note requesting, if possible before the end of April 1996, written answers to the issues raised in the list.

13. 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.

F. Organization of work

14. The Committee considered the organization of work at its 288th meeting, on 20 May 1996. The Committee had before it the draft programme of work for the twelfth session, prepared by the Secretary-General in consultation with the Chairperson of the Committee, and the report of the Committee on its eleventh session (CRC/C/50).

G. Future regular meetings

15. The Committee noted that its thirteenth session would take place from 23 September to 11 October 1996 and its pre-sessional working group would meet from 10 to 14 June.

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

A. Submission of reports

16. 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), 1996 (CRC/C/41) and 1997 (CRC/C/51);

(b) Note by the Secretary-General on the States parties to the Convention and the status of submission of reports (CRC/C/53);

(c) 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.5);

(d) 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/Rev.3). The Committee was informed that, in addition to the six reports that were scheduled for consideration by the Committee at its present session (see para. 21 below) and those which had been received prior to the Committee's eleventh session (see CRC/C/50, para. 16), the Secretary-General had received the initial reports of the Czech Republic (CRC/C/11/Add.11), the Democratic

People's Republic of Korea (CRC/C/3/Add.41), Ireland (CRC/C/11/Add.12), Japan (CRC/C/41/Add.1), the Libyan Arab Jamahiriya (CRC/C/28/Add.6), the Maldives (CRC/C/8/Add.33), the Federated States of Micronesia (CRC/C/8/Add.34), Sierra Leone (CRC/C/3/Add.43), Togo (CRC/C/3/Add.42), Trinidad and Tobago (CRC/C/11/Add.10), Uganda (CRC/C/3/Add.40) and the United Kingdom of Great Britain and Northern Ireland (Hong Kong) (CRC/C/11/Add.9). The status of submission of reports by States parties under article 44 of the Convention is given in annex III.

17. A list of initial reports considered by the Committee as at 7 June 1996, as well as a provisional list of initial reports scheduled for consideration at the Committee's thirteenth and fourteenth sessions, are contained in annexes IV and V respectively to the present report.

18. As at 7 June 1996, the Committee had received 85 initial reports. A total of 56 reports have been examined by the Committee.

19. By notes verbales respectively dated 31 January 1996, 30 March and 3 May 1996, and 28 May 1996, the Permanent Missions of Denmark, Sweden and Spain to the United Nations Office at Geneva indicated the various measures adopted in those States parties as follow-up to the recommendations addressed to them during the examination of their initial reports, in an ongoing effort to ensure the realization of the rights of the child.

B. Consideration of reports

20. At its twelfth session, the Committee examined initial reports submitted by six States parties under article 44 of the Convention. It devoted 18 of its 28 meetings to the consideration of reports (CRC/C/SR.289-291, 293-295, 298-303, 306-311).

21. The following reports, listed in the order in which they had been received by the Secretary-General, were before the Committee at its twelfth session: Lebanon (CRC/C/8/Add.23), Cyprus (CRC/C/8/Add.24), Guatemala (CRC/C/3/Add.33), China (CRC/C/11/Add.7), Nepal (CRC/C/3/Add.34) and Zimbabwe (CRC/C/3/Add.35).

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. 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.

24. 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: Lebanon

25. The Committee considered the initial report of Lebanon (CRC/C/8/Add.23) at its 289th, 290th and 291st meetings (CRC/C/SR.289-291) held on 20 and 21 May 1996 and adopted the following concluding observations:

A. Introduction

26. The Committee notes with appreciation the submission of the initial report of Lebanon and the dialogue held with the State party. While the Committee expresses its appreciation for the supplemental written information provided by the delegation, it regrets that the State party did not submit written replies to the list of issues previously submitted by the Committee to the Government.

B. Factors and difficulties impeding the implementation

of the Convention

27. The Committee notes the severe difficulties facing Lebanon as a result of almost 20 years of war and foreign intervention which has resulted in widespread destruction of its physical infrastructure and public works. The Committee also takes note of the difficulties caused by the fact that Lebanon has hosted a great number of refugees for several decades. The Committee also notes the insufficient international support for coping with the above-mentioned problems and facilitating an effective reconstruction of infrastructure and social services.

C. Positive aspects

28. The Committee welcomes the establishment of a Higher Council for Childhood, administered by the Ministry of Social Affairs, which serves as an independent intermediary body between relevant government ministries and with non-governmental organizations to initiate and coordinate programmes and policies. The Committee also welcomes the decision of the Higher Council to undertake a study on the legal situation in Lebanon with respect to the Convention on the Rights of the Child, which it regards as a potentially important step in the development of a more comprehensive approach to the implementation of the Convention on the Rights of the Child.

29. The Committee also welcomes the establishment of the Parliamentary Committee for the Protection of Childhood as well as the National Committee for the Disabled, both of which could be important in the endeavours to implement the principles and provisions in the Convention on the Rights of the Child.

30. The Committee notes with satisfaction the decision to establish a system for health inspections in schools and preschool institutions.

31. The Committee welcomes the adoption in September 1995 of a National Plan of Action for Child Survival, Protection and Development in Lebanon which focuses on programmes related to health and education.

32. The Committee welcomes the report from the delegation that the stigmatizing label of "illegitimate" will be abolished not only from identity cards but also from the birth registry and all other official documents.

33. The Committee welcomes the round tables and training courses, some of them in cooperation with the United Nations Children's Fund, to educate and train teachers, as well as plans to train police, social workers and other professionals about the rights of the child. The Committee notes with satisfaction the agreement entered into by the State party with the United Nations Development Programme to undertake a statistical overview of 7,000 families representing the different regions of Lebanon on relevant social matters such as education, illiteracy, unemployment and child labour. It further welcomes the planned study on the health of mothers and children, and looks forward to receiving a copy of the results from the two studies once they are completed.

D. Principal subjects of concern

34. The Committee is concerned at the insufficient measures adopted to ensure a permanent and effective coordinating and monitoring mechanism to ensure implementation of the Convention on the Rights of the Child. The Committee also notes the insufficient measures to systematically gather reliable quantitative and qualitative data on all areas covered by the Convention and in relation to all groups of children, and to evaluate progress achieved and to assess the impact of policies adopted on children, in particular in relation to education, health, juvenile justice and children with disabilities.

35. The Committee is concerned about the insufficient measures taken to ensure that the principles and the provisions of the Convention are made widely known to children and adults.

36. As regards the implementation of article 4 of the Convention, the Committee notes with concern the inadequacy of measures taken to ensure the implementation of children's economic, social and cultural rights to the maximum extent of available resources. The Committee is also concerned that insufficient resources are allocated to human development projects and by the emerging gaps developing between those who can afford private education and medical care, and those who cannot.

37. The Committee notes that despite the fact that the provisions of international treaties to which Lebanon is a party supersede domestic legislation, laws continue to exist which are inconsistent with the provisions of the Convention on the Rights of the Child and of other international treaties.

38. The Committee is also concerned that the basic principles of the Convention, in particular the provisions of its articles 2, 3 and 12, have not been adequately reflected in legislation, policies and programmes.

39. The Committee is concerned with the apparent discrimination in the granting of nationality to a child of parents of mixed nationality; nationality may only be obtained by a child from her/his Lebanese father but not from the mother and, in the case of unmarried parents, only if the Lebanese father acknowledges the child.

40. The Committee is worried by the widespread practice of early marriage and the related consequence of high child mortality rates and the negative impact on the health of girls bearing children at an early age. It is also concerned with consanguineous marriage.

41. The Committee expresses its concern that the provision of social services appears to be concentrated in Beirut, to the disadvantage of the population living outside the capital. The Committee also notes the apparent shortage in the number of social workers.

42. The Committee notes the need for further reform in the school sector to improve the quality of education and prevent drop outs. Specific needs appear to exist in the fields of health education and, as recognized by the delegation, teaching about values and about the environment.

43. The Committee notes the need for further reforms in the field of juvenile justice and treatment of young offenders to ensure full implementation of Convention articles 37, 39 and 40. Problems appear to exist in relation to the low age of criminal responsibility, non-separation of children from adult detainees, the lack of available health and educational facilities for young detainees, the existence and length of pre-trial custody and the non-availability of legal assistance.

44. The Committee is concerned by reports about children working in the streets or in domestic service, including children from other countries.

45. The Committee notes the need for special efforts to protect the rights of children in especially difficult circumstances, including abandoned and stateless children.

E. Suggestions and recommendations

46. Though welcoming the establishment of the Higher Council for Childhood, the Committee recommends a review of the various central and local administrative structures in order to ensure an effective coordination of policies and programmes on matters of child rights and child welfare.

47. The Committee welcomes the initiative for a comprehensive review of legislation in light of the principles and standards of the Convention on the Rights of the Child. In this regard, the Committee recommends that the minimum age of criminal responsibility, for marriage and for child labour be reviewed.

48. The Committee recommends that a permanent and multidisciplinary mechanism be developed for coordination and monitoring of the implementation of the Convention, both at national and local levels, in urban and rural areas. The Committee encourages the State party to give further consideration to the establishment of an Ombudsperson for Children or any equivalent independent complaint and monitoring mechanism. The Committee further encourages the promotion of closer cooperation for this purpose with Lebanese non-governmental organizations, to which it expresses its appreciation for the valuable work they perform in the field of the rights of the child.

49. The Committee recommends that further steps be taken by the State party to define child-related social indicators and to develop systematic means of gathering data on an ongoing basis to facilitate a comparison of progress with regard to child-related initiatives over a period of time.

50. The Committee recommends that the Government strengthen its efforts aimed at promoting advocacy and creating awareness and understanding of the principles and provisions of the Convention in light of its article 42. In the spirit of the United Nations Decade for Human Rights Education, the Committee further encourages the Government to give consideration to the incorporation of the rights of the child in school curricula. The Committee also suggests that the Government develop public campaigns with a view to addressing effectively the problem of persistent discriminatory attitudes, in particular towards girls.

51. The Committee recommends that further programmes be aimed at training personnel working with children, such as social workers, police, public health workers, and legal and judicial officers.

52. The Committee encourages the Government to pursue its efforts to ensure full compliance of its national legislation with the principles and provisions of the Convention, including non-discrimination (art. 2), the best interests of the child (art. 3) and respect for the views of the child (art. 12). In light of articles 2 and 3, the Committee strongly recommends that legislative measures be adopted with a view to ensuring respect for the rights of girls, especially in relation to preventing early marriage.

53. The Committee recommends that the State party strengthen the existing overall priority which is given in the national budget to child-related programmes in accordance with article 4 of the Convention.

54. In relation with the growing role of private educational and health institutions, the Committee recommends that a stronger emphasis be placed on public education and the social welfare system by the Government with a view to ensuring that all children subject to the jurisdiction of the State party enjoy these fundamental rights, as well as to prevent any risk of discrimination.

55. The Committee recommends the development of a more comprehensive social policy which would include the implementation of the National Plan of Action for Child Survival, Protection and Development. Such a policy would emphasize the importance of human development. The Committee recommends that further steps be taken towards decentralization of social services so as to afford children outside the capital open and easy access to basic social services and education.

56. The Committee welcomes the steps taken to reform the school system and to improve the quality of education, including a thorough review of the curricula. It recommends measures to fully realize the provisions of the Convention relating to free and compulsory primary education for all children.

57. In view of the principles contained in article 29 (1) (d) of the Convention, which stipulates that the education of the child shall be directed to "the preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national, religious groups and persons of indigenous origin", the teaching of values is an important dimension that should be incorporated in the curricula at all levels of schooling. School curricula materials should be revised accordingly.

58. The Committee recommends that the ban of the commercial marketing of infant formula be implemented and that breast-feeding be promoted among mothers in health facilities. It further suggests that a health insurance card be issued for children whose parents are not entitled to social security benefits.

59. The Committee suggests that the State party undertake a comprehensive study to examine the implications of the principle of the "best interests of the child" in relation to laws and their implementation as well as to administrative practice in all relevant fields.

60. The Committee believes that opportunities for the cultural development of children are critical and recommends that measures be taken to give children access to child literature and media. The need for playgrounds and child-friendly parks should be considered in city planning.

61. The Committee welcomes the policy of not allowing corporal punishment in schools or other official institutions and recommends a thorough review of the problem of domestic violence, including the possibility of stricter legislation against all forms of abuse against children in the spirit of article 19 of the Convention, as well as supportive social measures to assist families in crisis.

62. The Committee suggests that further efforts should be undertaken to disseminate information about the risks of consanguineous marriages, including through the media and health education programmes.

63. The Committee suggests that special programmes be developed for children with disabilities in order to define social, psychological, physical and other

needs as well as to educate parents about ways of dealing with them. Further efforts are recommended to encourage schools to ensure the participation of these children in all activities.

64. The Committee suggests that the State party, in cooperation with the United Nations Relief and Works Agency for Palestine Refugees in the Near East, seek ways of addressing the socio-economic problems among Palestinian refugees that affect children negatively.

65. The Committee recommends that the State party consider ratifying the 1951 Convention relating to the Status of Refugees and its 1967 Protocol.

66. The Committee recommends that the State party give careful consideration to placing greater emphasis on psycho-social recovery and reintegration of "passive victims" of violence and the armed conflict in Lebanon.

67. The Committee recommends that in the light of article 32 of the Convention on the Rights of the Child, further steps be taken to protect children from hazardous work, including through the adoption of stricter legislation, ratification of all relevant International Labour Organization Conventions and the appointment of a sufficient number of child labour inspectors.

68. The Committee recommends that the State party envisage undertaking a comprehensive reform of the juvenile justice system in the spirit of the Convention, in particular articles 37, 39, and 40, and relevant United Nations standards in this field such as the "Beijing Rules", the "Riyadh Guidelines" and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. Particular attention should be given to the consideration of deprivation of liberty only as a measure of last resort and for the shortest period of time, to the protection of the rights of children deprived of liberty, to due process of law, and to the full independence and impartiality of the judiciary. Training programmes on the relevant international standards should be organized for all those professionals involved with the system of juvenile justice. The Committee would like to suggest that the Government of Lebanon consider seeking international assistance in the area of the administration of juvenile justice from the Centre for Human Rights and the Crime Prevention and Criminal Justice Division of the United Nations (Vienna).

69. The Committee recommends that relevant international agencies and institutions, as well as other Governments, develop cooperation with Lebanese authorities and voluntary organizations, in the reconstruction effort after the many years of war devastation. Displaced persons and refugees should be given priority in such international cooperation.

70. The Committee recommends that the report submitted by the State party, the summary records of its consideration and the concluding observations of the Committee be disseminated as widely as possible within the country.

2. Concluding observations: Zimbabwe

71. The Committee considered the initial report of Zimbabwe (CRC/C/3/Add.35) at its 293rd, 294th and 295th meetings (CRC/C/SR.293-295) held on 22 and 23 May 1996 and adopted the following concluding observations:

A. Introduction

72. The Committee expresses its appreciation to the State party for engaging, through a high-level and multidisciplinary delegation, in an open and fruitful dialogue with the Committee. While noting the self-critical approach of the report of the State party, the Committee regrets that the information provided therein did not follow the Committee's guidelines.

B. Positive aspects

73. The Committee notes with appreciation the steps taken by the Government to promote tolerance and democracy in society, including through constitutional provisions. In this regard, it welcomes the recent amendment No. 14 to the Constitution, which prohibits discrimination on the ground of gender. It further notes steps taken to create awareness of children's rights as well as to encourage children's participation, including by organizing a Children's Parliament and promoting Youth Councils and Child Mayors.

74. The Committee notes the establishment of the Inter-Ministerial Committee on Human Rights and International Law to coordinate activities of relevant government ministries and departments to implement the Convention. The Committee welcomes the decision of the Government to submit a yearly report to Cabinet and Parliament on measures taken to implement the rights set forth in the Convention.

75. The Committee is encouraged by the combined efforts of the Government and non-governmental organizations to promote children's rights.

76. The Committee notes with appreciation the establishment of the Office of the Ombudsman in 1982 and welcomes the decision to broaden its mandate to include the investigation of alleged violations of children's rights by members of the defence forces, the police and correctional officials.

77. The Committee welcomes the measures taken by the Government to improve living conditions and alleviate poverty, including through the expansion of the income-generating capacity of people in the rural areas.

78. The Committee welcomes the intention of the Government to incorporate the Convention into the school curricula. It further welcomes the attention paid by the Government to "Let's all talk about it", the campaign against AIDS being undertaken in the educational system.

79. The Committee also welcomes the "victim-friendly courts" initiative aimed at providing special counselling for the rehabilitation of victims of child sexual abuse.

C. Factors and difficulties impeding the

implementation of the Convention

80. The Committee notes that Zimbabwe, prior to 1980, had a non-democratic regime where legislation and policies adopted and implemented by the authorities led to racial segregation and discrimination in society. The continuing effects of that situation, together with the burden of the external debt faced by the State party and the recent drought, have hampered implementation of the Convention.

D. Principal subjects of concern

81. The Committee is concerned that the State party has not yet undertaken a comprehensive legal reform with a view to ensuring that the national legislation fully conforms to the Convention. It notes that the existence of a dual system of common law and customary law creates additional difficulties in implementing the Convention and impedes effective monitoring of its enforcement.

82. The Committee notes with concern that the legislative measures taken to prevent and eliminate any form of discrimination in the light of article 2 of the Convention are insufficient. It notes in this regard that, according to section 23 of the Constitution, the principle of non-discrimination does not apply to private professionals or institutions; the same provision allows for derogations in important areas such as adoption, marriage, divorce and other matters of personal law and prevents, inter alia, girls from having inheritance rights. In addition, it allows for discrimination on the basis of race in relation to the minimum age for marriage, inheritance and children born out of wedlock. The Committee further notes in this regard the different minimum ages for marriage for girls and boys in the legislation.

83. The Committee notes with concern the persistence of behavioural attitudes in the society as well as cultural and religious practices which, as recognized by the State party, hamper the implementation of children's rights. Mention can be made in this regard of the difficulties in ensuring birth registration in remote areas of abandoned and refugee children, as well as of the situation of female victims of practices such as ngozi (girl child pledging), lobola (bride price) and early marriage, and of disabled children.

84. The Committee notes with concern the lack of an effective mechanism to ensure systematic implementation of the Convention and the monitoring of progress achieved. Insufficient measures have been taken to gather reliable quantitative and qualitative data in all areas covered by the Convention and in relation to all groups of children, particularly those belonging to the most disadvantaged groups.

85. The Committee is concerned that insufficient attention has been paid to the provisions of article 4 of the Convention and notes the persistence of economic and social disparities in the enjoyment of the rights recognized by the Convention, particularly in relation to children living in rural areas, children on commercial farms and children living in poverty in urban areas. It notes in this regard that, as recognized by the State party, the introduction of fees for health care and education, as well as the inadequate social assistance system, have negatively affected the accessibility of such services to lower income groups.

86. The Committee further notes that insufficient attention has been paid to the principle of the best interests of the child both in legislation and practice, as well as to the respect for the views of the child in school, social and family life. In this regard, it is noted that, as recognized by the State party, the civil rights and freedoms of the child are to be exercised subject to parental consent or discipline, thus raising doubts as to the compatibility of this practice with the Convention, notably articles 5 and 12.

87. The Committee is concerned at the number of orphans and abandoned children as well as at the increase in child-headed families, inter alia, as a result of the high incidence of AIDS, at the inadequate measures taken to ensure the realization of their fundamental rights and at the lack of alternatives to their institutionalization.

88. The Committee expresses its concern at the acceptance in the legislation of the use of corporal punishment in school, as well as within the family. It stresses the incompatibility of corporal punishment, as well as any other form of violence, injury, neglect, abuse or degrading treatment, with the provisions of the Convention, in particular articles 19, 28, paragraph 2 and 37.

89. The Committee is concerned that primary education is neither free nor compulsory. Moreover, it expresses its concern at the lack of learning and teaching facilities as well as at the shortage of trained teachers in rural areas, and in particular on commercial farms. It shares the concern expressed by the Government at the low quality of education. The cost to families of secondary education are leading to an increasing drop-out rate for girls, particularly in rural areas. The Committee notes with concern the growing disparity within the education system owing to the parallel systems of private and public schools which results ultimately in racial segregation at school on the basis of the economic status of parents.

90. With regard to child exploitation, the Committee is concerned at the persistence of situations of child labour, including in agriculture, domestic service and on commercial farms. It notes with particular concern the lack of a legal prohibition of child labour.

91. The Committee is concerned at the present system of juvenile justice, including the lack of a clear legal prohibition of capital punishment, life imprisonment without possibility of release and indeterminate sentencing, as well as at the recourse to whipping as a disciplinary measure for boys.

E. Suggestions and recommendations

92. The Committee recommends that the State party undertake a comprehensive review of the national legal framework, with a view to ensuring its full compatibility with the principles and provisions of the Convention. Particular attention should be paid to ensuring effective implementation of the principle of non-discrimination, including by revising relevant constitutional provisions, as well as other legislative texts reflecting any kind of discrimination such as on the basis of gender, race, birth or marital status.

93. The Committee emphasizes the importance of developing an effective and permanent system of monitoring the implementation of the Convention based on close cooperation between all the relevant government ministries and departments at the national and local levels, and encourages the State party to pursue its efforts with a view to institutionalizing the collaboration with non-governmental organizations.

94. The Committee suggests that the system of data collection be improved and appropriate disaggregated indicators identified with a view to assessing the progress achieved in all areas covered by the Convention in all parts of the country and in relation to all groups of children.

95. The Committee encourages the Government to pursue its efforts aimed at broadening the mandate of the Ombudsperson with a view to ensuring that violations of children's rights are duly investigated, including when committed by members of the defence forces, law-enforcement and correctional officials, and as a means to supervise the situation of children placed in institutions and detention centres.

96. The Committee encourages the Government to adopt adequate measures to prevent and eliminate prevailing social attitudes and cultural and religious practices hampering the realization of children's rights. Systematic information and awareness campaigns should be launched to create a deeper understanding of the Convention and of the need to respect and protect children's rights. Similarly, training activities should be developed for professional groups working with and for children, including teachers, law-enforcement and correctional officials, members of defence forces, judges, social workers and health personnel. The Committee further encourages the State party to pursue the steps undertaken to include the Convention in school curricula and to give consideration to reflecting it in the training curricula.

97. The Committee encourages the State party to adopt all appropriate measures to ensure the birth registration of all children, including those born in rural areas and on commercial farms, and encourages the efforts designed to establish registration units at schools and clinics.

98. The Committee recommends that the State party pay particular attention to the implementation of article 4 of the Convention and undertake all appropriate measures, to the extent possible with available resources, for the realization of the economic, social and cultural rights of children. Special attention should be paid to the situation of the most disadvantaged groups of children, including those living in rural areas, poor urban areas and on commercial farms, as well as orphans or abandoned children, and measures should be adopted with a view to providing adequate safety nets for such children and protecting them against the adverse effects of reductions in budgetary allocations and of the introduction of fees in health and education services.

99. The Committee recommends that the State party take the principle of the best interests of the child as a primary consideration in all actions concerning children, including those undertaken by courts, public or private welfare institutions, administrative authorities or legislative bodies. The Committee encourages the State party to adopt appropriate measures to assist parents in the performance of their child-rearing responsibilities. The Committee further encourages the State party to consider appropriate alternatives to institutionalization for children deprived of family environment, as well as special protection and assistance for child-headed families. The Committee encourages the State party to consider ratifying the Hague Convention for the Protection of Children and Cooperation in respect of Inter-Country Adoption of 1993.

100. Appropriate measures should also be adopted by the State party with a view to ensuring respect for the views of the child in family, school and social life and to promoting the exercise of the rights by the child in a manner consistent with his or her evolving capacities.

101. The Committee recommends that the State party adopt appropriate legislative measures to forbid the use of any form of corporal punishment within the family and in school.

102. Similar measures should be adopted to prohibit child labour below a minimum age in the light of article 32 of the Convention. In this regard, the Committee encourages the State party to consider the recommendations made by the International Labour Organization in its mission statement of 1993 and, in particular, to prohibit the employment of young persons below 18 in hazardous activities as well as to make education free and compulsory up to age 15. In this connection, the Committee encourages the State party to consider seeking assistance from the International Labour Organization.

103. In the field of juvenile justice, the Committee recommends that the State party raise the minimum age of criminal responsibility and incorporate in the legislation a clear prohibition of capital punishment, life imprisonment without possibility of release and indeterminate sentencing as well as of the use of whipping as a disciplinary measure.

104. The Committee further recommends that the report submitted by the State party, along with the relevant summary records and the concluding observations thereon, be disseminated as widely as possible to the public. The Committee would also like to suggest that these documents be brought to the attention of Parliament as a means of ensuring a follow-up to suggestions and recommendations made by the Committee.

3. Concluding observations: China

105. The Committee considered the initial report of China (CRC/C/11/Add.7) at its 298th to 300th meetings (CRC/C/SR.298-300), held on 28 and 29 May 1996, and adopted the following concluding observations:

A. Introduction

106. The Committee notes that the initial report of the State party was prepared in accordance with the general guidelines. The Committee appreciates the self-critical elements of the report, although it is noted that greater focus was placed in the report on the content of domestic legal and administrative provisions than on their practical application. It also welcomes the State party's replies to the written list of questions posed by the Committee.

107. The Committee notes with satisfaction that different ministerial departments and other bodies were involved in the preparation of the report. The Committee expresses its appreciation to the State party for having ensured that many of these departments were represented on the delegation presenting the report to the Committee. The Committee welcomes the willingness of the State party and its delegation to engage in a constructive dialogue with the Committee. It appreciates the delegation's frank admission that various difficulties remain to be overcome before the rights and principles provided for in the Convention are guaranteed to all children in China.

B. Positive factors

108. The Committee takes note of the considerable improvement in the general standard of living which has been recorded in recent years. The Committee further notes the programme outline which has been devised at the national level and which is in the process of being developed in all 30 provinces and autonomous regions and implemented as a follow-up to the goals set in the Declaration and Plan of Action adopted by the World Summit for Children in 1990. Note is also taken that an outline is being prepared as a follow-up to the Fourth World Conference on Women held in Beijing.

109. The considerable progress achieved by the State party in reducing the infant and under-five mortality rates, especially through the extensive efforts focused on sustaining immunization coverage, increasing immunization rates and reducing the incidence of child malnutrition, is to be commended. The State party's commitment to protecting, promoting and supporting breast-feeding as well as to establishing children's hospitals is also welcomed.

110.