UNITED

NATIONS

                                                                                                                            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.     Noteworthy also are the various activities undertaken and supported by the State party to increase school enrolment. The State party's recognition of the importance of supporting education as a tool for fostering social and economic development is noted. Special mention is accorded to Project Hope

which is designed to assist children in poor districts, as well as to the Spring Buds Scheme to promote girls' enrolment or return to school to complete their primary education.

111.     The Committee also notes the information contained in the report that various laws and administrative regulations relevant to the rights of the child have been developed and introduced. The Compulsory Education Act, the Protection of Minors Act and the Protection of the Disabled Act and the work undertaken by the Help the Disabled Movement are noted.

                        C. Factors and difficulties impeding the implementation

                                 of the Convention

112.     Taking into account the fact that the number of children in China represents one fifth of the child population of the world and that the population is spread throughout the vast territory of the country, the Committee notes that the task facing China in meeting the needs of all children under its jurisdiction presents enormous challenges, not least in the economic and social fields.

113.     As was stated by the State party, the legacy of certain historical feudal traditions in parts of the country and the persistence of other harmful attitudes are adversely affecting children's lives and healthy growth.

D. Principal subjects of concern

114.     The Committee notes the establishment of various structures for the promotion and coordination of the implementation of the Convention on the Rights of the Child though it remains concerned at the insufficient measures taken to ensure their effectiveness with regard to monitoring the Convention's implementation at the national, provincial and local levels.

115.     The Committee is concerned about the prevailing disparities between urban and rural areas and between regions in relation to the provision of and access to social services, including education, health and social security.

116. It is the Committee's view that inadequate measures taken in the field of social security may have led to an over-reliance on children providing future care and support to their parents. This may have contributed to the perpetuation of harmful traditional practices and attitudes such as a preference for boys, to the detriment of the protection and promotion of the rights of girls and of disabled children.

117.     The Committee feels there is a need to consider questions relating to the definition of the child, including in relation to the age of criminal responsibility, so as to ensure that national legislation and related procedures duly take into consideration the provisions and general principles of the Convention, including the best interests of the child.

118.     In the view of the Committee, insufficient steps have been taken to create awareness of the provisions and principles of the Convention, notably its articles 2, 3, 6 and 12, among adults, including professionals working with or for children, and children themselves.

119.     While noting the measures taken to confront the problems of discrimination on the grounds of gender and disability, the Committee remains concerned at the persistence of practices leading to cases of selective infanticide.

120.     Serious concerns remain as to the effectiveness of measures taken to ensure the registration of all children, through the household registry. As acknowledged by the State party, absence of registration may be due to parents' lack of knowledge of the relevant law and policy and of the negative effects of non-registration on children's legal status. The migration of people from their traditional place of residence may cause similar difficulties. Deficiencies in the registration system lead to children being deprived of basic safeguards for the promotion and protection of their rights, including in the areas of child trafficking, abduction, sale and maltreatment, abuse or neglect. In this connection, the situation of "unregistered girls" as regards their entitlement to health care and education is a matter of concern to the Committee.

121.     The Committee remains concerned about the actual implementation of the civil rights and freedoms of children. The Committee wishes to emphasize that the implementation of the child's right to freedom of thought, conscience and religion should be ensured in the light of the holistic approach of the Convention and that limitations on the exercise of this right can only be placed in conformity with paragraph 3 of article 14 of the Convention.

122.     The Committee is extremely concerned about the situation of children provided with care in welfare institutions. The Committee observes that the very high mortality rate in such institutions is a cause for serious alarm. While the Committee appreciates the steps being taken to ensure, inter alia, the separation of children from adults in institutions and in providing training to the staff, it remains deeply concerned about the inadequate measures adopted to ensure qualitative care to children as required by article 3, paragraph 3, of the Convention.

123.     The Committee shares the concern expressed by the State party as regards the number of children in China who still do not attend school. It is also concerned about reports that school attendance in minority areas, including the Tibet Autonomous Region, is lagging behind, that the quality of education is inferior and that insufficient efforts have been made to develop a bilingual education system which would include adequate teaching in Chinese. These shortcomings may disadvantage Tibetan and other minority pupils applying to secondary and higher level schools.

124.     In the framework of the exercise of the right to freedom of religion by children belonging to minorities, in the light of article 30 of the Convention, the Committee expresses its deep concern in connection with violations of human rights of the Tibetan religious minority. State intervention in religious principles and procedures seems to be most unfortunate for the whole generation of boys and girls among the Tibetan population.

125.     The Committee remains concerned that national legislation appears to allow children between the ages of 16 and 18 to be sentenced to death with a two-year suspension of execution. It is the opinion of the Committee that the imposition of suspended death sentences on children constitutes cruel, inhuman or degrading treatment or punishment. Further, it is noted that under the Penal Code a juvenile offender aged between 14 and 18 may legally be sentenced to life imprisonment for a particularly serious crime. Although the sentence of life imprisonment may be reduced on the grounds of "repentance" or "merit" and judicial experience in China shows that sentences to life imprisonment can benefit from a mitigation, the Committee wishes to stress that the Convention prescribes that neither capital punishment nor life imprisonment without the possibility of release shall be imposed for offences committed by persons below the age of 18. It is the Committee's view that the aforementioned provisions of national law are incompatible with the principles and provisions of the Convention, notably those of its article 37 (a).

126.     Additionally, the Committee remains concerned about the extent to which adequate safeguards are in place within the present system of juvenile justice in China. In this context, the Committee expresses concern with respect to the access of parents during the pre-trial detention of their children, the possibilities for the provision of legal assistance to children, the sufficiency of the time allocated for the preparation of a child's defence as well as respect for the presumption of innocence and the principle of nullum crimen sine lege, nulla poena sine lege as reflected in article 40, paragraph 2 (a).

127.     The Committee shares the State party's concern that there has been an upsurge in recent years of kidnapping and abduction of children. In this connection, the Committee wishes to express its serious concern about the apparent inadequacy of measures taken to prevent and combat the problems of the sale, trafficking and sexual exploitation of children.

E. Suggestions and recommendations

128.     In the light of the discussion in the Committee on the question of the continuing need for the State party's reservation to article 6 of the Convention and the information provided by the State party that it is open to considering making adjustments in regard to its reservation, the Committee encourages the State party to review its reservation to the Convention with a view to its withdrawal.

129.     The Committee recommends that a comprehensive review of the domestic legal framework be undertaken. Such a review requires that the provisions and principles of the Convention serve as both its guide and support and that it encompass not only national but also local-level legislative and administrative measures impacting on the rights of the child.

130.     The Committee recommends that the State party consider the possibility of setting up an independent institution such as an Ombudsperson for children's rights. Such a mechanism can play an important role both in monitoring institutions working in the field of the rights of the child, including in the areas of welfare, education and juvenile justice, as well as in contributing to the more rapid identification of emerging problems in these fields with a view to their constructive solution.

131.     The Committee, in taking note of the activities undertaken throughout the State party to develop and implement outlines for the follow-up to the World Summit for Children, recommends that future outlines, development plans, programmes or plans of action on the rights of the child be prepared on the basis of all the provisions and principles of the Convention.

132.     The State party is urged to take further action to strengthen its capacity for a systematic approach to collecting disaggregated statistical data and other information on the status of children. The Committee recommends that serious consideration be given to this matter by the State party as the analysis of such data and information is one additional and important means of designing programmes for the implementation of the rights of the child.

133.     It is the recommendation of the Committee that the principles and provisions of the Convention on the Rights of the Child be widely disseminated throughout the country, including through the mass media, such as radio and television. It is suggested that the State party may wish to request the cooperation of the United Nations Children's Fund in this regard. The translation of the Convention into the major national minority languages would form an integral part of these dissemination activities.

134.     The Committee would also like to recommend that measures be taken to incorporate education on the principles and provisions of the Convention into training programmes for different professionals working with or for children, including social workers, personnel in welfare institutions, doctors, health and family planning workers, teachers, judges, lawyers, police, personnel in detention facilities and armed forces personnel as well as government officials and decision makers.

135.     A review of the policy in place for the implementation of article 4 of the Convention is recommended by the Committee. The Committee wishes to emphasize that the focus of any such review should be in relation to the measures being taken to reduce regional and urban-rural disparities in the allocation of resources for the rights of the child, especially with respect to health and education.

136.     Equally, the Committee recommends that greater attention and consideration be given to the provision of social security. It is the Committee's view that remedial measures should be sought to avoid families' over-dependence on their children, in particular providing them with care in their old age.

137.     Further measures are required to ensure the implementation of the general principles of the Convention. With regard to article 12 of the Convention, it is the Committee's view that greater attention should be accorded to providing children with opportunities to participate and have their views heard and taken into account. It is important that awareness be developed of the child as a subject of rights and not only as a recipient of protection. The Committee suggests that further attention be accorded to reviewing the effectiveness of procedures available to children for the presentation and

investigation of complaints of their abuse or neglect, in the event of such violations arising from, inter alia, domestic violence and abuse in institutions or detention facilities.

138.     The Committee concurs with the observations of the State party that concerted action is called for to address the problems faced by the girl child. While acknowledging the measures taken by the State party in campaigning and creating awareness among the population of the equality of girls and boys, the Committee suggests that local and other leaders be invited to take a more active role in supporting the efforts to prevent and eliminate discrimination against the girl child and to provide guidance to communities in this regard.

139.     From information provided by the State party, the Committee notes that, while the incidence of disability among the child population is low, disabled children have been the victims of abandonment and discrimination. In this regard, the Committee recommends that the State party undertake further research on the measures required to prevent and combat discrimination on the ground of disability.

140.     It is the Committee's view that family planning policy must be designed to avoid any threat to the life of children, particularly girls. The Committee recommends in this regard that clear guidance be given to the population and the personnel involved in the family planning policy to ensure that the aims it promotes are in accordance with the principles and provisions of the Convention, including those of its article 24. The State party is urged to take further action for the maintenance of strong and comprehensive measures to combat the abandonment and infanticide of girls as well as the trafficking, sale and kidnapping or abduction of girls.

141.     The Committee acknowledges the information provided by the State party on the results of two population censuses conducted in 1982 and 1990 and that the non-registration of newborn girls is a major factor contributing to the imbalance in the ratio of boys to girls. The Committee, while noting that the State party has adopted measures to reduce the under-reporting of girl children, recommends that urgent measures be taken to develop more widespread awareness of the importance of registration. In the light of recent developments such as population movements within the country, the Committee also recommends that the State party consider the possibility of reviewing the effectiveness of the existing system of registration.

142.     It is the opinion of the Committee that further measures should be taken by the State party to promote the possibilities for children, particularly those who have been abandoned, to grow up in a home-like environment through, inter alia, fostering and adoption. The Committee also suggests that the State party review the present legislation on adoption, in the light of the principles and provisions of the Convention, notably those of its articles 20 and 21, so as to evaluate the effectiveness of national legislation in facilitating domestic adoption.

143.     The State party is urged to take further action to improve the situation of children in welfare institutions. In this regard, the Committee wishes to draw the particular attention of the State party to the principles and provisions of the Convention, notably those of its articles 3 (3) and 25. The Committee recommends that a further review of the training provided to the staff of such institutions be undertaken. The training should be reviewed from the perspective of securing the most effective pedagogical, professional and child-oriented approach to the provision of care. Measures are also required to ensure the effective supervision of staff and the periodic review of the treatment provided to children in such institutions. In the light of other issues raised during the dialogue with the State party, the Committee also suggests that further consideration be given to reviewing the systems in place for monitoring welfare institutions and for providing such institutions with adequate financing. Within the framework of facilitating access to knowledge and the sharing of expertise and experiences on these matters, including in the light of the provisions of articles 4, 23, 24, 28 and 45 of the Convention, the Committee suggests that consideration be given to the possibility of inviting the United Nations Children's Fund, the World Health Organization and the United Nations Educational, Scientific and Cultural Organization to cooperate with the State party in this regard.

144.     The Committee suggests that a review be undertaken of measures to ensure that children in the Tibet Autonomous Region and other minority areas are guaranteed full opportunities to develop knowledge about their own language and culture as well as to learn the Chinese language. Steps should be taken to protect these children from discrimination and to ensure their access to higher education on an equal footing.

145.     The Committee recommends that the State party seek a constructive response to the concerns expressed in paragraph 20 above.

146.     The Committee concurs with the contents of the observations adopted by the Committee against Torture where the points raised are relevant to the situation of children below the age of 18. The Committee recommends that a thorough review of the legislative and administrative measures and procedures in place within the State party in relation to juvenile justice be reviewed to ensure their conformity with the principles and provisions of the Convention, notably its articles 37, 39 and 40, and other instruments relevant to the field of the administration of juvenile justice, in particular the "Beijing Rules", the "Riyadh Guidelines" and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. The Committee would like to suggest that the State party consider the possibility of requesting assistance in this regard from the relevant United Nations bodies, including the Centre for Human Rights.

147.      With regard to the issue of child labour, the Committee encourages the State party to consider the possibility of becoming a party to ILO Convention No. 138 concerning the minimum age for employment.

148.     Finally, the Committee recommends that the widest dissemination be given to the State party's report, the discussion on the report in the Committee and the concluding observations the Committee adopted following examination of the report.

149.     In the light of the provisions of article 44, paragraph 4, of the Convention, the Committee requests that further written information be provided to the Committee with respect to the concerns raised in paragraphs 18, 21, 22 and 23 of the present observations. The Committee would appreciate receiving this information by December 1997.

            4.         Concluding observations: Nepal

150.     The Committee considered the initial report of Nepal (CRC/C/3/Add.34) at its 301st to 303rd meetings (CRC/C/SR.301-303), held on 29 and 30 May 1996 and adopted the following concluding observations:

A. Introduction

151.     The Committee expresses its appreciation to the Government of Nepal for the submission of its initial report, its written information in reply to the questions set out in the list of issues (CRC/C.12/WP.3) as well as the additional information provided by the State party during the dialogue with the Committee during which the representatives of the State party indicated in a self-critical manner not only the policy and programme directions, but also the difficulties encountered during implementation of the Convention.

B. Positive aspects

152.     The Committee notes the efforts made by the Government in the field of law reform, especially the adoption of a new Constitution - with a special section to ensure the rights of the child - and the Children's Act which covers many areas concerning children's rights. The Committee notes with appreciation that the Government is willing to review its present legislation including in relation to the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, as well as a system of compensation to the victims. It also welcomes the fact that the delegation has confirmed the Government's willingness to ratify International Labour Organization Convention No. 138.

153.     The Committee welcomes the Government's efforts to establish mechanisms to deal with children's issues and the question of children's rights, in particular the Central Child Welfare Board and the District Child Welfare Boards. It also notes with satisfaction the recent establishment of a National Council for Women and Child Development and of a Child and Women Development Section in the National Planing Commission Secretariat.

154.     The Committee also notes with appreciation the openness of the State party to international advice and technical assistance to ensure full implementation of the provisions of the Convention on the Rights of the Child, including in the fields of discrimination, child labour, child trafficking, sale of children, and the administration of juvenile justice.

155.     The Committee notes with satisfaction that the State party has adopted a National Plan of Action and has formulated a 10-Year National Programme of Action for Children and Development for the 1990s.

156.     The Committee welcomes the readiness of the State party to collaborate with the non-governmental organization community, including children's organizations, which was reflected in the drafting process of the Government's report and in the presence during the dialogue of a child representative of a non-governmental organization.

157.     The Committee welcomes the decision of the Government to hold a press conference in Nepal prior to the consideration by the Committee of its initial report, as a means to create awareness in the public at large of the international commitments undertaken to promote and protect children's rights. It is further encouraged by the statement by the delegation that it will present the concluding observations of the Committee in another press conference upon return to Nepal.

                        C. Factors and difficulties impeding the implementation

                                 of the Convention

158.      The Committee notes that Nepal is one of the poorest countries of the world where more than half the population lives in absolute poverty which mainly affects the most vulnerable groups and hampers the enjoyment of children's rights. This reality, added to the foreign debt and the debt servicing, represents serious difficulties affecting the degree of fulfilment of the Government's obligations under the Convention.

D. Principal subjects of concern

159.     The Committee is concerned at the inadequate measures adopted to ensure that national legislation fully conforms with the principles and provisions of the Convention. The Committee notes in particular the lack of conformity of legislative provisions concerning non-discrimination including in relation to marriage, inheritance and parental property, torture and corporal punishment. The Committee is also concerned about the gap between existing legislation and its practical implementation.

160.     The Committee expresses its concern that the State party has not fully taken into account in its legislation and policy-making the general principles of the Convention: article 2 (principle of non-discrimination), article 3 (principle of the best interests of the child), article 6 (right to life, survival and development) and article 12 (respect for the views of the child).

161.     The Committee is particularly concerned at the insufficient measures adopted to ensure the effective implementation of the principle of non-discrimination. It notes the persistent discriminatory attitudes towards girls, as reflected in the prevailing son preference, the persistence of early marriages, the notably lower school attendance of girls and their higher drop-out rate. It also is concerned at the different marriage age of girls and boys which is not in conformity with article 2 of the Convention. The Committee is further concerned at the caste system and traditions such as the deuki, kumari and devis. The Committee also expresses its concern at section 7 of the Children's Act which allows parents, members of the family and teachers to beat a child "if it is thought to be in the interest of the child", as well as at the fact that, as recognized in the State party's

report, the views of the child are unlikely to be respected. The persistence of such traditional practices and attitudes seriously hampers the enjoyment of the rights of the child.

162.     The Committee is concerned at the slow pace of the State party in establishing an efficient coordination mechanism between relevant ministries, as well as between central and local authorities, in the implementation of policies for the promotion and protection of the rights of the child.

163.     The Committee is concerned at the insufficient attention paid to systematic and comprehensive data collection, identification of appropriate indicators, as well as to a monitoring mechanism for all areas covered by the Convention and in relation to all groups of children, including children belonging to minorities, to lower castes, children of very poor families, children in rural areas, disabled children, children placed in institutions, children victims of sale, trafficking and prostitution and children living and/or working on the streets.

164.     As regards the implementation of article 4 of the Convention, the Committee is concerned about the failure of the Government to accord priority to the implementation of economic, social and cultural rights of children to the maximum extent of available resources. In the view of the Committee, insufficient attention has been paid to the most disadvantaged groups, in both rural and urban areas.

165.     The Committee is concerned at the insufficient steps undertaken to ensure birth registration of children, particularly those living in remote areas, and to the adverse effects arising therefrom for the enjoyment of their fundamental rights.

166.     The Committee is worried by the high rate of school drop-outs, especially among girls living in rural areas, and the high incidence of child labour. It is also concerned by the difficulties encountered by children living in rural and remote areas and disabled children in securing basic services, such as health care, social services and education.

167.     In the light of article 28, the Committee wishes to express its deep concern about the fact that primary education is not compulsory for all children. It is also concerned by the high level of illiteracy among children and adults.

168.     The Committee is concerned that appropriate measures have not yet been taken to effectively prevent and combat any form of ill-treatment and corporal punishment of children within the family. It is seriously worried about the absence of adequate legislation and mechanisms designed to ensure the recovery and reintegration of child victims in the light of article 39 of the Convention.

169.     The large and growing number of children who, owing to rural exodus, extreme poverty, and violence and abuse within the family, are forced to live on the streets, are deprived of their fundamental rights and are exposed to various forms of exploitation, is a matter of deep concern.

170.     The Committee is worried about the fact that a large number of children are involved in child labour, including in the informal sector, particularly as domestic servants, in agriculture and in the family context.

171.     In view of the scale of the problem of sale and trafficking of children, especially girls, the Committee is deeply concerned about the absence of a specific law and policy to combat this phenomena.

172.     The Committee is concerned by the increasing phenomenon of child prostitution that affects in particular children belonging to the lower castes. It is worried about the absence of measures to combat this phenomenon and the lack of rehabilitation measures. The Committee is also concerned at the inadequate measures taken to address the situation of children addicted to drugs.

173.     The situation of the administration of juvenile justice and in particular its compatibility with articles 37 and 40 of the Convention, as well as other relevant standards such as the "Beijing Rules", the "Riyadh Guidelines" and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, is a matter of concern to the Committee. It is concerned, inter alia, about the too low age of criminal responsibility, about the provision of the Muluki Ain No. 2 that allows mentally ill children to be put in jail and chained, and the legal definition of torture which is not in compliance with article 37 (a) of the Convention.

E. Suggestions and recommendations

174.     The Committee recommends that the State party undertake, in all necessary areas, adequate legal reform to ensure full conformity of its legislation with all the provisions of the Convention, in particular that it take fully into account the Convention's general principles (arts. 2, 3, 6 and 12).

175.     In order to effectively combat persisting discriminatory attitudes and negative traditions affecting girls, the Committee encourages the State party to launch a comprehensive and integrated public information campaign aimed at promoting children's rights within the society, and particularly within the family. The Committee also recommends that the State party ensure specific training on the Convention for professional groups working with and for children, including teachers, social workers, health personnel, judges and law enforcement officials. International cooperation with, inter alia, the Centre for Human Rights and the United Nations Children's Fund could be sought to this effect.

176.     The Committee is of the opinion that greater efforts are required to make the provisions and principles of the Convention widely known and understood by adults and children alike, in the light of articles 12 and 42 of the Convention. It encourages the State party to further increase public awareness of the participatory rights of children, as well as to consider incorporating the Convention in the school curriculum.

177.     The Committee recommends that the State party take all necessary steps to strengthen coordination between the different governmental mechanisms involved in children's rights, at both central and local levels, and ensure close cooperation with non-governmental organizations.

178.     The Committee further recommends that the State party undertake to gather all necessary information on the situation of children in the various areas covered by the Convention and in relation to all groups of children, including those belonging to the most vulnerable groups. It also suggests that a multidisciplinary monitoring system be established to assess the progress achieved and difficulties encountered in the realization of the rights recognized by the Convention at the central and local levels, paying particular attention to the adverse effects of economic policies on children. Such a monitoring system should enable the State party to shape appropriate policies and to combat prevailing social disparities and traditional prejudices. The Committee also encourages the State party to consider the establishment of an independent mechanism, such as an Ombudsperson or a human rights commission, to monitor the realization of the rights of the child and to deal with individual complaints relating thereto.

179.     With respect to the implementation of article 4 of the Convention, the Committee recommends that particular attention be paid to the need to ensure budget allocations, to the maximum extent of available resources, to implement economic, social and cultural rights in the light of the principles of non-discrimination and the best interests of the child. International cooperation resources should be channelled towards the realization of children's rights and efforts should be pursued to reduce the negative impact of foreign debt and debt servicing on children.

180.     Children's birth registration should be given priority to ensure that every child is recognized as a person and enjoys his/her full rights. The Committee encourages further steps to ensure the birth registration of children, including the establishment of mobile registration offices and registration units in schools.

181.     In the light of article 2 of the Convention, the Committee also recommends that the State party take all necessary measures to reduce the drop-out rate of girls in rural and urban areas and to prevent their involvement in child labour or prostitution, and to reinforce the access to basic services (health, education and social care) for children in rural areas and for disabled children throughout the country. The Government should in particular take concrete measures, including awareness campaigns to change negative attitudes, to protect children belonging to the lowest castes from any form of exploitation.

182.     In order to promote the protection of refugee children, the Committee encourages the State party to consider ratifying the 1951 Convention relating to the Status of Refugees.

183.     In the light of article 19 of the Convention, the Committee further recommends that the Government take all appropriate measures, including of a legislative nature, to combat any form of ill-treatment and sexual abuse of children, including within the family. It suggests, inter alia, that the authorities gather information and initiate a comprehensive study to improve the understanding of the nature and scope of the problem and set up social programmes to prevent all types of child abuse and neglect.

184.     The Committee further recommends that firm measures be taken to ensure the right of survival of all children in Nepal, including those who live and/or work in the streets. Such measures should aim at the effective protection of children against any form of exploitation, particularly child labour, prostitution, drug-related activities and child trafficking and sale.

185.     In regard to the problem of child labour, the Committee suggests that Nepal consider ratifying ILO Convention No. 138 concerning the minimum age for admission to employment and review all relevant national legislation with a view to bringing it into conformity with the Convention on the Rights of the Child and other relevant international standards. Child labour laws should be enforced, a system of inspection established, complaints investigated and severe penalties imposed in case of violation. Special attention should be paid to the protection of children involved in the informal sector, including as domestic servants. The Committee suggests that the Government consider seeking cooperation from ILO in this area.

186.     In order to effectively combat intercountry trafficking and sale of children, the Committee strongly suggests that Nepal take all appropriate measures, including legislative and administrative ones, and encourages the State party to consider adopting bilateral measures to prevent and eliminate such phenomena. Awareness campaigns should be developed at the community level and a thorough monitoring system should be established.

187.     In the field of the administration of juvenile justice, the Committee recommends that legal reform be pursued and take fully into account the Convention on the Rights of the Child, in particular articles 37, 39 and 40, and other relevant international 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 paid to raising the minimum age of criminal responsibility, the establishment of juvenile courts, the enforcement of existing legislation, the prevention of juvenile delinquency, alternatives to deprivation of liberty and institutional care, the protection of the rights of children deprived of liberty, respect for fundamental rights and legal safeguards in all aspects of the juvenile justice system, and the full independence and impartiality of the juvenile judiciary. The law permitting the placement of mentally disturbed children in jails should be reviewed as a matter of urgency.

188.     The Committee suggests that a technical assistance programme be developed with the Centre for Human Rights, including in the areas of law reform in the field of children's rights and training of professionals working with children. Special attention should be paid to training programmes on the relevant international standards, in particular for judges, law enforcement officials, correctional officers and social workers. Attention should also be given to awareness and information campaigns on the Convention on the Rights of the Child. Moreover, consideration should be pursued in relation to the establishment of a commission on human rights or other independent mechanisms to monitor the realization of children's rights issues.

189.     In the light of the areas of concern identified by the Committee and the recommendations made, the Committee suggests that the Government consider seeking technical assistance from relevant international organizations, including the International Labour Organization, the United Nations High Commissioner for Refugees, the United Nations Children's Fund and the World Health Organization. Consideration may be given to the establishment of a task force of the international organizations present in the country with a view to promoting and protecting the rights set forth in the Convention. The Committee also encourages the international community to assist the State party in its current efforts.

190.     The Committee encourages the State party to disseminate widely its initial report, the summary records of the discussion and the concluding observations adopted by the Committee following its consideration of the report. The Committee would 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.

            5.         Concluding observations: Guatemala

191.     The Committee considered the initial report of Guatemala (CRC/C//3/Add.33) at its 306th to 308th meetings (CRC/C/SR.306-308), held on 3 and 4 June 1996, and adopted the following concluding observations:

A. Introduction

192.     The Committee expresses its appreciation to the State party for its report and its replies to the Committee's list of questions as well as for the information provided on the most recent measures taken to implement the Convention.

193.     The openness of the State party's high-level delegation in acknowledging the problems, difficulties and challenges facing the State party in implementing the principles and provisions of the Convention is highly appreciated. The Committee expresses its appreciation to the State party for engaging in a constructive dialogue and for its willingness to take into account the recommendations made by the Committee.

B. Positive factors

194.     The Committee welcomes the steps taken to secure a durable peace within Guatemala, particularly by enhancing the enjoyment of human rights, including for the indigenous peoples. In this connection, the Committee notes the adoption of the Agreement on the Identity and Rights of Indigenous Peoples and the Agreement on Socio-Economic Aspects and the Agrarian Situation. The ratification by Guatemala of International Labour Organization Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries is also welcomed.

195.     Further positive developments as evidenced by the signing of the Comprehensive Agreement on Human Rights, the Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict, and the establishment of the United Nations Mission in Guatemala (MINUGUA), particularly its human rights component, are noted with interest. Additional measures taken with a view to strengthening the monitoring and implementation of human rights are noted. In this regard, the Committee notes with satisfaction the establishment of the Office of the Human Rights Procurator and its Children's Ombudsman.

196.     The establishment of the Presidential Commission for Coordinating Policy in the Field of Human Rights and the work of the Social Committee within the Cabinet of Ministers are also noted with interest, especially as regards the formulation of policies for improving the social and economic development of the most vulnerable groups in Guatemalan society.

C. Factors and difficulties

197.     Over 30 years of armed conflict in the country have left a legacy of human rights violations, impunity and a climate of fear and intimidation which hampers the confidence of the population in the ability of procedures and mechanisms to ensure respect for human rights.

198.     The decades of conflict affecting society have resulted in the frequent use of violence, including within the family.

199.     As recognized by the State party, the root causes of the armed conflict need to be tackled, embedded as they are in socio-economic disparities and uneven land distribution as well as in historical social contrasts within the country. High levels of poverty and illiteracy and discrimination against the indigenous population and those living in poverty contribute to widespread violations of human rights.

200.     Problems relating to the situation of refugees, internally displaced and "returnees" have also arisen out of the armed conflict. In this connection, the difficult task of meeting the needs and expectations of the population which remained in or fled from the country during the period of armed conflict is recognized.

D. Principal subjects of concern

201.     The inadequacy of measures adopted to allocate priority to the implementation of the principles and provisions of the Convention and the absence of a national policy for children are matters of concern to the Committee.

202.     The Committee is equally concerned about the lack of measures to harmonize national legislation with the principles and provisions of the Convention. It is especially concerned that the Minors Code currently in force in Guatemala contains provisions which are incompatible with the Convention and does not address all the rights recognized by the Convention.

203.     The Committee is deeply concerned about the insufficient efforts to collect disaggregated statistical data and to identify appropriate qualitative and quantitative indicators on the situation of children, particularly those belonging to the most disadvantaged groups, including those living and working in the street, victims of abuse, neglect or ill-treatment and internally displaced children.

204.     The Committee is of the view that insufficient measures have been adopted to promote widespread awareness of the principles and provisions of the Convention to adults and children alike, particularly to those belonging to indigenous populations, in the light of article 42 of the Convention. The failure to provide sufficient activities to train and educate professionals working with or for children about the Convention is to be regretted.

205.     The Committee is concerned about lacunae identified in national legislation. In this connection, the failure to provide for an age for the completion of compulsory education as required by the Constitution of Guatemala as well as by article 2 of ILO Convention No. 138 is a matter of considerable concern to the Committee. Equally, the Committee is deeply concerned that national legislation does not prohibit capital punishment or life imprisonment without the possibility of release, as required by the provisions of article 37 (a) of the Convention. Moreover, the absence in national legislation of a minimum age for criminal responsibility causes deep concern to the Committee. Similarly, the low age of marriage for girls, which is different from the one for boys, is, in the Committee's view, also incompatible with the principles and provisions of the Convention.

206.     In view of the historical disparities affecting indigenous children and children belonging to groups living below the poverty line, as well as girls, the Committee is concerned about the adequacy of measures to ensure the effective implementation of the economic, social and cultural rights of children at the national, regional and local levels, in the light of articles 2, 3 and 4 of the Convention.

207.     The Committee is concerned at the insufficient support given to families facing severe problems in fulfilling their responsibilities as regards the upbringing of their children. The Committee shares the concern expressed by the representative of the State party at the widespread severe malnutrition and at the inadequacies of data and statistics monitoring nutrition.

208.     Particular concern is expressed at the inadequate measures taken to ensure the effective implementation of the general principles of the Convention on the Rights of the Child both in legislation and in practice.

209.     Deficiencies in the system of birth registration are of deep concern to the Committee since the failure to register children prevents them from being recognized as persons, from having access to education and health services and from being protected against trafficking in and illegal adoption of children.

210.     The Committee is deeply alarmed at the persistence of violence against children, including at the reported information on the 84 children killed. The high number of child victims of violence raises serious concern, particularly in view of the ineffectiveness of investigations into crimes committed against children which paves the way for widespread impunity.

211.     The Committee notes with concern the information provided by the State party that an illegal adoption network has been uncovered and that the mechanisms to prevent and combat such violations of children's rights are insufficient and ineffective.

212.     Despite the considerable progress achieved in recent years in improving infant and maternal care, the Committee remains concerned about the relatively high maternal, infant and under-five mortality rates. The Committee observes that some factors contributing to high maternal deaths may be related to the inadequacies of the training given to birth attendants and of home deliveries. It is also the view of the Committee that many problems remain with respect to the reproductive health of women, the low birth weight of children being a possible manifestation of this fact.

213.     The Committee is seriously concerned that the majority of children of school age are not attending school, but are involved both in the informal and formal work sectors. Moreover, the Committee is disturbed about the inadequacy and ineffectiveness of the measures designed to ensure the establishment of appropriate standards and to monitor the working conditions of children when such activities are compatible with article 32 of the Convention. The Committee is seriously concerned at the persistence of child labour and about the lack of accurate assessment by the Government of the dimensions of the phenomenon in the country.

214.     The juvenile justice system in the State party raises serious concern in the Committee, in particular the system of irregular behaviour (conducta irregular). The Committee is further concerned about the lack of specialized training of professionals working in the field of juvenile justice, which hampers efforts to ensure the independence of the judiciary and the capacity of the system to effectively investigate crimes committed against children and undermines measures to eradicate impunity.

E. Suggestions and recommendations

215.      The Committee recommends that children's issues be accorded a higher priority in the State party. It is the Committee's view that the development of a global and national policy on children must be attended to urgently. The Committee also recommends that the State party adopt all the necessary measures to ensure that its national legislation fully conforms to the Convention. In this regard, and in recognition of the importance of ensuring an integrated legal approach to children's rights in the light of the principles and provisions of the Convention, the Committee encourages the State party to pursue its efforts aimed at the adoption of a Code on Children and Adolescents.

216.     The Committee recommends that legislative measures be undertaken to ensure that national legislation conforms with the provisions of articles 37 and 40 of the Convention, including establishing a minimum age of criminal responsibility. The Committee also recommends that the State party set the age for completion of compulsory schooling at 15 and consider raising the minimum age of employment to 15. Further, the Committee recommends that the State party review its legislation on the age of marriage for girls in the

light of the principles and provisions of the Convention, notably those of its articles 2, 3 and 24, with a view to raising it and ensuring the same age for girls and boys.

217.     The Committee encourages the State party to pursue its efforts to strengthen the institutional framework for the promotion and protection of human rights in general and the rights of the child, in particular. The Committee recommends that a permanent and multidisciplinary mechanism be developed for coordinating and implementing the Convention at the national and local levels and in urban and rural areas. The Committee also encourages the promotion of close cooperation with non-governmental organizations in this regard.

218.     The Committee further recommends that the State party give priority attention to the development of a system of data collection and to the identification of appropriate disaggregated indicators with a view to addressing all areas of the Convention and all groups of children in society. Such mechanisms can play a vital role in systematically monitoring the status of children and evaluating the progress achieved and the difficulties hampering the realization of children's rights, and can be used as a basis for designing programmes to improve the situation of children, particularly those belonging to the most disadvantaged groups, including girls, children living in rural areas and indigenous children. It is further suggested that the State party request international cooperation in this regard, particularly from the United Nations Children's Fund.

219.     In view of the State party's willingness to develop a culture of human rights and to change attitudes towards children in general and the indigenous population in particular, the Committee recommends that information and education about children's rights be disseminated among children and adults alike. It is also recommended that consideration be given to the translation of such information into the main indigenous languages and that appropriate measures be adopted to spread such information in such a way that it reaches groups affected by a high level of illiteracy. In the light of the considerable experience of the United Nations Children's Fund and other organizations in responding to such challenges, it is recommended that international cooperation be sought in this regard.

220.     It is the view of the Committee that training and education in the principles and provisions of the Convention on the Rights of the Child is urgently required and must encompass all professionals working with or for children. In addition, the Committee recommends that the inclusion of children's rights in the school curricula be pursued as a measure to enhance respect for the indigenous culture and multiculturalism and to combat paternalistic and discriminatory attitudes which, as recognized by the State party, continue to prevail in society.

221.     With respect to article 4 of the Convention, it is the Committee's opinion that sufficient budgetary provision must be made to respond to national and local priorities for the protection and promotion of children's rights. While noting the trend towards decentralizing the provision of services to the municipal level as a means of promoting greater popular participation, the Committee emphasizes that such a policy must be designed to overcome and remedy existing disparities between the regions and rural/urban areas. To ensure the full implementation of article 4, the Committee recommends that consideration be given to the provision of international assistance within the general framework of the Convention.

222.     The Committee recommends that urgent measures be taken to ensure effective consideration of the general principles of the Convention, namely its articles 2, 3, 6 and 12, in the national process of implementing the Convention.

223.     The Committee recommends that a comprehensive public information campaign be developed and implemented urgently to combat the abuse of children in the family and within society as well as the use of corporal punishment in schools.

224.     The Committee recommends that the State party introduce the measures necessary to monitor and supervise effectively the system of adoption of children in the light of article 21 of the Convention. It is also recommended that adequate training be provided to concerned professionals. In addition, it is recommended that the Government consider ratifying the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption.

225.     The Committee encourages the State party to strengthen its support to families in carrying out their child-rearing responsibilities, such as by providing nutritious food and conducting vaccination programmes. As a means of addressing the problems of maternal death and poor antenatal care and delivery services, the Committee suggests that the State party consider introducing a more effective system training medical personnel and birth attendants. The Committee also recommends that the State party consider requesting international cooperation from relevant international organizations to address issues relating to the reproductive health of women.

226.     The Committee encourages the State party to implement the "Food for Education Programme" as an incentive for children to attend school. It also recommends that a comprehensive nutritional programme be developed, taking into particular account the special needs of children.

227.     The Committee encourages the State party to pursue its efforts, in conformity with the Agreement on Socio-Economic Aspects and the Agrarian Situation, to increase the budgetary allocations for education by 50 per cent up to the year 2000. With a view to ensuring the implementation of articles 28 and 29 of the Convention, the Committee recommends that the State party focus greater efforts on providing for compulsory and free primary education, eradicating illiteracy and ensuring the availability of bilingual education for indigenous children. Moreover, greater efforts should be made in training qualified teachers. Such measures will contribute to the prevention of any form of discrimination on the basis of language with regard to the right to education.

228.     The Committee recommends that provision be made for offering social assistance to families to help them with their child-rearing responsibilities as laid down in article 18 of the Convention as a means of reducing institutionalization of children. Further efforts are also required to ensure the active participation of disabled children in the community in conditions which ensure their dignity and promote their self-reliance, as well as to ensure that disabled children are separated from adults suffering from mental ill-health. The Committee recommends that measures be taken to review periodically the placement and treatment of children as required under article 25 of the Convention.

229.     The problems of children traumatized by the effects of armed conflict and violence in society are, in the Committee's view, a matter of serious concern. In this connection, the Committee recommends that the State party give consideration to the implementation of specific projects for children, to be carried out in an environment which fosters the health, self-respect and dignity of the child.

230.     In view of the fact that the Constitution of Guatemala recognizes the predominance of duly ratified international conventions in the field of human rights, the Committee urges the State party to apply the principles and provisions of the Convention in the area of juvenile justice, rather than the provisions of the national legislation which are in contradiction with the Convention, in particular those relating to the system of "irregular behaviour". The Committee further recommends that the juvenile justice system be revised to ensure that it is compatible with the principles and provisions of the Convention, including its articles 37, 39 and 40, as well as other relevant international instruments in the field. In this connection, it is recommended that the State party consider requesting technical assistance from international organizations, including the United Nations Centre for Human Rights.

231.     As a means of tackling the interrelated issues of education and child labour, the Committee recommends that all necessary measures be adopted to ensure that children have access to education and that they are protected from involvement in exploitative activities. The Committee further recommends that effective public awareness campaigns be launched for the prevention and elimination of child labour in the light of article 32 of the Convention. In this regard, the Committee recommends that the State party seek technical assistance from the International Labour Organization.

232.     The Committee recommends that the State party consider developing an agenda for priority action to ensure an integrated approach to the implementation of human rights in Guatemala in the light of the suggestions and recommendations addressed to the State, particularly in the area of children's rights.

233.     Finally, the Committee recommends that the State party's report, the summary records of the examination of the report in the Committee and the Committee's concluding observations be given wide dissemination in Guatemala. The Committee suggests that these documents be brought to the attention of the Congress as a means of ensuring follow-up to the suggestions and recommendations made by the Committee.

            6.         Concluding observations: Cyprus

234.     The Committee considered the initial report of Cyprus (CRC/C/8/Add.24) at its 309th to 311th meetings (CRC/C/SR.309-311), held on 4 and 5 June 1996 and adopted* the following concluding observations:

A. Introduction

235.     The Committee expresses its appreciation to the Government of Cyprus for the submission of its initial report, its written information in reply to the questions set out in the list of issues (CRC/C.11/WP.3) and the constructive and fruitful dialogue. The Committee is encouraged by the frank and cooperative tone of the discussion, in which the representatives of the State party indicated not only the policy and programme directions, but also the difficulties encountered during implementation of the Convention.

B. Positive aspects

236.     The Committee welcomes the efforts undertaken by the Government to review the national legal framework in order to harmonize it with the provisions and principles of the Convention. In this regard, the Committee notes with satisfaction that the Juvenile Offenders Law is currently being revised. It also notes with satisfaction that the death penalty for ordinary crimes has been abolished and welcomes the fact that the Parliament is currently discussing the adoption of a bill prohibiting capital punishment for acts of high treason.

237.     The Committee also notes with satisfaction that the Convention has been invoked in court proceedings and it welcomes the commitment made during the dialogue by the government delegation to send information on those judicial decisions.

238.     The Committee welcomes the establishment of the Central Committee for Monitoring the Implementation of the Convention on the Rights of the Child. It also notes with satisfaction the organization by the Committee for the Protection and Welfare of Children since 1989 of a "Children's week", focused on the Convention.

239.     The Committee further notes the existence of comprehensive programmes and services for the welfare of children.

240.     The Committee welcomes the recent ratification by the State party of the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption.

241.     The Committee welcomes the readiness of the State party to collaborate with the non-governmental organization community.

__________

            * At the 314th meeting, held on 7 June 1996.

C. Factors and difficulties impending the

                                                implementation of the Convention

242.     The Committee notes that the State party, as a consequence of events which occurred in 1974 and which resulted in the occupation of part of the territory of Cyprus, is not in a position to exercise control over all of its territory and consequently cannot ensure the application of the Convention in areas not under its control. The fact that no information on children living in the occupied territories is available is a matter of concern to the Committee.

D. Principal subjects of concern

243.     The Committee is concerned by the lack of conformity with the Convention of legislative provisions in some matters relating to the definition of the child, in particular the age of seven for criminal responsibility. It is also concerned that children between 16 and 18 years of age are considered as adult offenders in the criminal justice system.

244.     The Committee also expresses its concern that the State party has not yet fully taken into account in its legislation and policy-making the general principles of the Convention (see in particular paras. 12, 13 and 14 below); 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).

245.     The Committee remains concerned about the apparent persistence of discriminatory attitudes towards children born out of wedlock with regard to their right to a name and to citizenship.

246.     With respect to the implementation of articles 12, 13, 14 and 15 of the Convention, insufficient attention has been accorded to ensuring that children are involved in decisions, including within the family, and in administrative and judicial procedures regarding them.

247.     The Committee is concerned by the decisions taken in matters relating to adoption without fully respecting the principles of article 3 (best interest of the child).

248.     The Committee is concerned at the insufficient attention paid to systematic and comprehensive data collection, identification of appropriate indicators and monitoring mechanism for all areas covered by the Convention in relation to all groups of children, including minority group children, children in rural areas, institutionalized and disabled children and child victims of sexual exploitation.

249.     The Committee is concerned by the persistence of traditional practices and attitudes that may affect the development of some children. The Committee

is particularly concerned about the consequences of early marriages. It is also concerned about the insufficient awareness and understanding among adults and children of the principles and provisions of the Convention.

250.     In the light of articles 7 and 8 of the Convention, the Committee notes that while the procedure for birth registration is adequate, it remains concerned that the application in some rural areas may result in some children being hampered in the enjoyment of their rights.

251.     The Committee is concerned by the recent incidence of prostitution which affects particularly non-Cypriot children. It is also worried about the increasing number of children working as domestic servants in illegal conditions and who are vulnerable to all types of abuse, including sexual abuse and exploitation.

252.     The situation of the system of the administration of juvenile justice, and in particular the lack of compatibility with articles 37 and 40 of the Convention as well as other relevant standards such as the "Beijing Rules", the "Riyadh Guidelines" and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, is a matter of concern to the Committee.

E. Suggestions and recommendations

253.     The Committee recommends that the State party undertake legislative reform to ensure that legislation conforms fully with all the provisions of the Convention, in particular its general principles (arts. 2, 3, 6 and 12).

254.      The Committee further recommends that the State party gather all necessary information, appropriate indicators and disaggregated data on the situation of children in the various areas covered by the Convention and in relation to all groups of children, including children belonging to the most vulnerable groups.

255.     The Committee wishes to encourage the State party to further develop a systematic approach to increasing public awareness of the participatory rights of children, in the light of article 12 of the Convention. Current efforts to make the provisions and principles of the Convention widely known and understood by adults and children alike should be pursued and developed in the light of article 42 of the Convention.

256.     With respect to the implementation of articles 12, 13, 14 and 15 of the Convention, the Committee recommends that consideration be given by the State party to facilitating children's participation and the respect for their views in decisions affecting them, especially in the family, at school and in the courts.

257.     To appropriately combat persisting negative and discriminatory attitudes, the Committee encourages the State party to carry out a comprehensive and integrated public information campaign aimed at promoting children's rights within the society, and particularly within the family.

258.     The Committee also recommends that the State party provide specific training activities on the Convention to professional groups working with and for children, including teachers, social workers, health personnel, judges and law enforcement officials.

259.     The Committee also encourages the State party to consider extending the mandate of the Ombudsperson to enable him/her to receive and process all complaints relating to all types of issues affecting children.

260.     The Committee recommends that steps be taken to ensure the birth registration of all children, particularly children living in rural areas.

261.     In the light of articles 2, 7 and 8 of the Convention, the Committee strongly recommends that the authorities take all necessary measures to ensure that children born out of wedlock enjoy all their fundamental rights.

262.     In the light of article 19 of the Convention, the Committee further recommends that the authorities gather information and initiate a comprehensive study to improve the understanding of the nature and scope of the problem of child neglect and abuse and set up social programmes to prevent them.

263.     The Committee recommends that the national law and practices with regard to adoption be made to fully conform with the Convention and the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption, including the principle of the best interests of the child.

264.     In the field of the administration of juvenile justice, the Committee recommends that legal reform be pursued and take fully into account the Convention on the Rights of the Child, in particular articles 37, 39 and 40, and other relevant international 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 paid to raising the age of criminal responsibility and ensuring that persons between 16 and 18 years of age enjoy all the rights recognized in the Convention.

265.     The Committee encourages the State party to disseminate widely the State party's report, the summary records of the discussion of the report within the Committee and the concluding observations adopted by the Committee following its consideration of the report. The Committee suggests that these documents be brought to the attention of Parliament and that the suggestions and recommendations for action contained therein be followed up.

III. OVERVIEW OF THE OTHER ACTIVITIES OF THE COMMITTEE

A. Guidelines for periodic reports

266.     At its previous session, the Committee had established a working group to prepare a draft document on guidelines regarding the form and contents of

periodic reports from States parties to be submitted in the light of article 44 of the Convention (see CRC/C/50, paras. 241-245). At the present session, the Committee pursued its consideration of this issue on the basis of the contributions prepared by the members of the working group on the different sections under which the provisions of the Convention had been grouped. The Committee had decided that guidelines for periodic reports should lead to an assessment of measures adopted, progress achieved and difficulties encountered in implementing the Convention during the period under consideration, while giving particular emphasis on the follow-up to the suggestions and recommendations of the Committee as reflected in the Committee's concluding observations on the previous report.

B. Second United Nations Conference on

                                                   Human Settlements (HABITAT II)

267.     At its eleventh session, the Committee had welcomed the convening of the second United Nations Conference on Human Settlements to be held in Istanbul from 3 to 14 June 1996, and had decided to participate in the Conference and to submit to it a written contribution (see CRC/C/50, conclusions and recommendations, and annex VIII). It had stressed the need to ensure the presence of a joint delegation of human rights treaty bodies as a means of reinforcing the human rights component in the deliberations of and follow-up to the Conference. At the present session, the Committee decided to designate Mrs. Marilia Sardenberg, Vice-Chairperson of the Committee, its representative to the Conference.

C. Future day of general discussion on

                                                   "The child and the media"

268.     At its eleventh session, the Committee had decided to devote its next day of general discussion to the topic "The child and the media". It had further decided to organize this thematic discussion on 7 October 1996 at the United Nations Office at Geneva and to prepare an outline identifying the main issues to be raised during the debate (see CRC/C/50, annex IX), with a view to later sending it to United Nations bodies, specialized agencies, non-governmental organizations and representatives of the media, including organizations of journalists, together with a background paper stressing the three aspects which should be mainly addressed during the thematic debate: children's access to media and participation therein; protection from harmful influences and injurious materials; the image of the child in the media. It was agreed that the preparation for this thematic discussion would be undertaken in close cooperation with the Director of the Information Service of the United Nations Office at Geneva, which would launch a publicity campaign to create awareness of this event.

D. Cooperation with United Nations bodies, specialized

                                  agencies and other competent bodies

269.     The Director-General of the International Labour Organization invited the Committee to participate, in an observer capacity, in an informal tripartite meeting at the ministerial level on the prevention and elimination of child

labour, to be held in Geneva on 12 June 1996 within the framework of the annual general conference of the International Labour Organization. The International Labour Office had prepared for this purpose a document entitled "Child labour: what is to be done", in which it was presented that the effective implementation of the Convention on the Rights of the Child was an essential element in protecting children from economic exploitation.

270.     In view of the importance attached by the Committee to this issue, as illustrated by its second thematic debate (see A/49/41, paras. 560-572) as well as by the systematic consideration of this topic within its monitoring functions, the Committee decided to be represented at the informal ministerial meeting by its Vice-Chairperson Mrs. Flora Eufemio.

271.     The Committee also held an informal meeting on the Implementation Handbook for the Convention on the Rights of the Child commissioned by the United Nations Children's Fund. The handbook provides practical information and support to those directly involved in the implementation of the Convention in all States parties. It will take into consideration the examination by the Committee of initial reports on the implementation of the Convention, statements reflected in the summary records of the discussion, the concluding observations adopted by the Committee as well as its thematic discussions. The handbook will also address the question of governmental structures for children and the role they play in ensuring effective coordination of activities and monitoring of the implementation of the Convention at the national level. The exchange of views with Mrs. Rachel Hodgkin and Mr. Peter Newell was recognized as particularly timely by the Committee, in view of the current elaboration of guidelines for periodic reports.

272.     In a meeting with representatives of the Centre for Human Rights and the United Nations Children's Fund, the Committee was informed about recent steps taken in relation to the database on the Convention on the Rights of the Child, including the activities of the Committee. Members of the Committee were introduced by the Centre for Human Rights to the contents of the full-text database on children's rights which would soon be made accessible to them. The Committee noted the progress achieved and expressed the view that the computerization of information relating to its monitoring functions would contribute decisively to increasing its effectiveness and that of the other treaty bodies. The Committee welcomed the assistance of the United Nations Children's Fund in providing the necessary tools to enable the members of the Committee to use the database on a routine basis.

IV. DRAFT PROVISIONAL AGENDA FOR THE THIRTEENTH SESSION

273.     The following is the draft provisional agenda for the thirteenth 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 child and the media"

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

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

            9.         Future meetings of the Committee

    10.                Other matters

V. ADOPTION OF THE REPORT

274.     At its 314th meeting, held on 7 June 1996, the Committee considered the draft report on its twelfth 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 7 JUNE 1996 (187)

States                         Date of signature                Date of receipt                        Date of entry

                                                                                  of instrument                          into force

                                                                                  of 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

Andorra                       2 October 1995                   2 January 1996                        1 February 1996

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 

Brunei                                                                      27 December 1995 a/              26 January 1996

  Darussalam

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

            * Succession.

            a/ Accession.

States                         Date of signature                Date of receipt                        Date of entry

                                                                                  of instrument                          into force

                                                                                  of ratification/

                                                                                  accession a/

Canada                       28 May 1990                        13 December 1991                  12 January 1992

Cape Verde                                                               4 June 1992 a/                         4 July 1992

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