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

UNITED

NATIONS

CRC

Convention on the

Rights of the Child

Distr.

GENERAL

CRC/C/69

26 November 1997

Original: ENGLISH

COMMITTEE ON THE RIGHTS OF THE CHILD. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

II. ORGANIZATIONAL AND OTHER MATTERS. . . . . . . . . . . . . . . . . . . 1  15 4

C. Membership and attendance. . . . . . . . . . . . . . . . . . . . . . 4  9 4

D. Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5

E. Presessional working group. . . . . . . . . . . . . . . . . . . . 11  13 6

F. Organization of work. . . . . . . . . . . . . . . . . . . . . . . . . . . 14 6

THE CONVENTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16  294 7

A. Submission of reports. . . . . . . . . . . . . . . . . . . . . . . . . . 16  21 7

B. Consideration of reports. . . . . . . . . . . . . . . . . . . . . . . 22  294 8

Democratic Republic. . . . . . . . . . . . . . . . . . . . . . . . . . . . 28  82 8

COMMITTEE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295  339 48

of the Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297  306 48

competent bodies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307  309 50

with disabilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310  339 51

SESSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340 61

VI. ADOPTION OF THE REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341 61

the Rights of the Child as at 10 October 1997. . . . . . . . . . . . . . . . . . . 62

II. Membership of the Committee on the Rights of the Child. . . . . . . . . . 68

as at 10 October 1997. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

children with disabilities, held on 6 October 1997. . . . . . . . . . . . . . 80

the Rights of the Child as at 10 October 1997. . . . . . . . . . . . . . . . . . . 82

eighteenth sessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86

Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

Having considered the report of the eighth meeting of persons chairing the human rights treaty bodies (A/52/507, annex),

1. In view of the specificities of each of the six human rights treaties, the consolidation of reports to the six human rights treaty bodies into a single report would not be conducive to the implementation of the rights enshrined in each treaty, including the Convention on the Rights of the Child;

2. The suggestion to convene an extraordinary threeday meeting of the chairpersons in February 1998 is welcomed as it would provide an opportunity to further explore the issue of possible reforms designed to enhance the effectiveness and efficiency of the treaty body system;

3. While taking due account of the general guidelines regarding the form and contents of periodic reports adopted by the Committee at its thirteenth session (CRC/C/58), the States parties to the Convention on the Rights of the Child should focus on a limited range of issues in their periodic reports, in particular those issues identified in the concluding observations adopted by the Committee in relation to the previous report.

1. As at 10 October 1997, the closing date of the sixteenth session of the Committee on the Rights of the Child, there were 191 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.6.

3. The Committee on the Rights of the Child held its sixteenth session at the United Nations Office at Geneva from 22 September to 10 October 1997. The Committee held 28 meetings (399th to 426th). An account of the Committee's deliberations at its sixteenth session is contained in the relevant summary records (CRC/C/SR.399406, 409413, 415422 and 426). At the opening of the session, the Acting Deputy High Commissioner for Human Rights, Mr. Ralph Zacklin, addressed the Committee, and informed it of recent developments relevant to the protection and promotion of the rights of the child.

4. All the members of the Committee except Mrs. Esther Margaret Queen Mokhuane attended the sixteenth session. A list of the members, together with an indication of the duration of their terms of office, is provided in annex II to the present report. Mr. Francesco Paolo Fulci, Mrs. Nafsiah Mboi and Mrs. Marilia Sardenberg were not able to attend the session in its entirety.

5. The following United Nations bodies were represented at the session: United Nations Children's Fund, United Nations Development Programme, 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, UNAIDS, the World Bank.

7. Representatives of the International Committee of the Red Cross and of the Institut Henri Dunant also attended the session.

8. A representative of the InterAmerican Children's Institute also attended the session.

9. Representatives of the following nongovernmental organizations were also in attendance at the session:

International Council of Women, International Movement ATD Fourth World, Zonta International.

Association for the Advancement of Psychological Understanding of Human Nature, Caritas Internationalis, Coalition against Trafficking in Women, Defence for Children International, International Catholic Child Bureau, International Federation of Women in Legal Careers, International Federation Terre des Hommes, International Service for Human Rights.

Epoch Worldwide, International Inner Wheel, Network for the Convention on the Rights of the Child, NGO Group for the Convention on the Rights of the Child, One World Productions.

10. At its 399th meeting, on 22 September 1997, the Committee adopted the following provisional agenda.

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

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

11. In accordance with a decision of the Committee at its first session, a pre-sessional working group met in Geneva from 9 to 13 June 1997. All members except Mr. Francesco Paolo Fulci and Mrs. Marilia Sardenberg participated in the working group. 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 national and international nongovernmental organizations, attended the session.

12. 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.

13. The pre-sessional working group held nine meetings, at which it examined lists of issues put before it by members of the Committee relating to the initial reports of five countries: the Czech Republic, the Democratic People's Repubic of Korea, Togo, Trinidad and Tobago and Uganda. The lists of issues were transmitted to the Permanent Missions of the States concerned with a note requesting written answers to the issues raised in the list, if possible before 20 August 1997.

14. The Committee considered the organization of work at its 399th meeting, on 22 September 1997. The Committee had before it the draft programme of work for the sixteenth session, prepared by the SecretaryGeneral in consultation with the Chairperson of the Committee, and the report of the Committee on its fifteenth session (CRC/C/66).

15. The Committee noted that its seventeenth session would take place from 5 to 23 January 1998 and its pre-sessional working group would meet from 13 to 17 October 1997.

(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), 1997 (CRC/C/51) and 1998 (CRC/C/61); and on periodic reports of States parties due in 1997 (CRC/C/65);

(b) Note by the SecretaryGeneral on the States parties to the Convention and the status of submission of reports (CRC/C/67);

(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.9);

(d) Note by the SecretaryGeneral on areas in which the need for technical advice and advisory services has been identified in the light of the observations adopted by the Committee (CRC/C/40/Rev.7).

The Committee was informed that, in addition to the six reports that were scheduled for consideration by the Committee at its present session (see paragraph 27 below) and those which had been received prior to the Committee's fifteenth session (see CRC/C/66, para. 19), the SecretaryGeneral had received the initial reports of Venezuela (CRC/C/3/Add.54) and Grenada (CRC/C/3/Add.55) and the second periodic reports of Bolivia (CRC/C/65/Add.1), Honduras (CRC/C/65/Add.2), Sweden (CRC/C/65/Add.3) and Yemen (CRC/C/70/Add.1). 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 of 10 October 1997, as well as a provisional list of initial reports scheduled for consideration at the Committee's seventeenth and eighteenth sessions, are contained in annexes V and VI respectively.

18. As at 10 October 1997 the Committee had received 109 initial and 4 periodic reports. A total of 79 reports have been examined by the Committee.

19. By a note verbale dated 21 May 1997, the Permanent Mission of Bahrain to the United Nations Office at Geneva transmitted information on the implementation of article 24 of the Convention.

20. By a letter dated 27 June 1997, the Permanent Mission of New Zealand to the United Nations Office at Geneva transmitted a report prepared following the presentation of New Zealand's initial report to the Committee in January 1997.

21. By a note verbale dated 28 August 1997, the Permanent Mission of Cuba to the United Nations Office at Geneva transmitted the observations of the Government of Cuba relating to the concluding observations (CRC/C/15/Add.72) adopted by the Committee upon its consideration of the initial report of Cuba.

22. At its sixteenth session, the Committee examined initial reports submitted by six States parties under article 44 of the Convention. It devoted 17 of its 28 meetings to the consideration of reports (see CRC/C/SR.400405, 409416 and 420422).

23. At the request of the Government of the Democratic People's Republic of Korea, the consideration of the initial report of the Democratic People's Republic of Korea, which was originally scheduled for the sixteenth session, was postponed. Consequently, the report of the Czech Republic, which had been kept “in reserve” as a possible substitute, was scheduled for consideration.

24. The following reports, listed in the order in which they were received by the SecretaryGeneral, were before the Committee at its sixteenth session: Australia (CRC/C/8/Add.31), Lao People's Democratic Republic (CRC/C/8/Add.32), Uganda (CRC/C/3/Add.40), Trinidad and Tobago (CRC/C/11/Add.10), Togo (CRC/C/3/Add.42), Czech Republic (CRC/C/11/Add.11).

25. 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.

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

27. More detailed information is contained in the reports submitted by the States parties and in the summary records of the relevant meetings of the Committee.

28. The Committee considered the initial report of Lao People’s Democratic Republic (CRC/C/8/Add.32) at its 400th to 402nd meetings (see CRC/C/SR.400402), held on 23 and 24 September 1997, and adopted

the following concluding observations:

29. The Committee expresses its appreciation to the State party for its initial report and written answers to the list of issues (CRC/C/Q/LAO/1). The Committee also expresses its appreciation to the State party for sending a highranking and multidisciplinary delegation. The Committee is encouraged by the frank, selfcritical and cooperative tone of the dialogue, during which the delegation of the State party indicated policy and programme directions and difficulties encountered with regard to the implementation of the provisions of the Convention. The Committee, however, notes with regret that the report did not always follow the guidelines, in particular in relation to the general principles, which are not mentioned, and did not provide statistical and disaggregated data and information on the concrete effects of measures adopted or on the implementation of the existing legislation, in particular in regard to the protection issues.

30. The Committee takes note of the political will of the State party to promote and protect the rights of the child, and its efforts to develop and implement a socioeconomic development programme for the year 2000. The Committee welcomes the efforts made by the State party in adopting its “Education For All” action plan, its efforts in the area of immunization, as well as combating iodine deficiency, and its project on mainstream education for disabled children.

31. The Committee also notes the establishment in 1992 of the National Commission for Mothers and Children and welcomes its reorganization in 1996 and the widening of its mandate to cover all aspects of the Convention, including protection and participation issues.

32. The Committee notes with appreciation the recent efforts of the State party to address the problem of Unexploded Ordnance (UXO) such as the establishment in 1995 of the UXO Trust Fund and the Laos National UXO Programme established under the Ministry of Labour and Social Welfare with support from the United Nations Development Programme (UNDP), the United Nations Children's Fund (UNICEF) and many donors.

33. The Committee welcomes the State party’s seeking advice and technical assistance to ensure the full integration of the provisions of the Convention in its legislation, to establish a system of administration of juvenile justice, and to train professionals on the rights of the child.

34. The Committee notes that the Lao People’s Democratic Republic is among the least developed countries. The Committee also notes that the State party is in a phase of transition from a centrally planned to a market economy; this produces or aggravates social problems that have a negative impact on the situation of children.

35. The Committee is concerned that although a new Constitution was promulgated in 1991 and major pieces of legislation, such as the Family Law, the Penal Law and the Labour Law, came into effect in 1990. The national legislation does not fully conform to the Convention.

36. The Committee is equally concerned that insufficient attention has been paid to the provisions of article 4 of the Convention concerning budgetary allocations to the maximum extent of available resources.

37. The Committee is concerned at the insufficient attention paid by the State party to systematic, comprehensive and disaggregated qualitative and quantitative data collection and to the identification of appropriate indicators and mechanisms to evaluate the progress and the impact of policies and measures adopted for all areas covered by the Convention, especially the most hidden such as child abuse or illtreatment, but also in relation to all groups of children including minority group children, girl children, children in rural areas and children victims of sale, trafficking and prostitution.

38. The Committee is equally concerned at the insufficient attention paid by the authorities to the identification of monitoring mechanisms for all areas covered by the Convention and in relation to all groups of children.

39. While recognizing the efforts of the State party to disseminate the Convention, the Committee is of the view that the measures adopted to promote widespread awareness of the principles and provisions of the Convention for both adults and children, in particular for minorities and in rural areas, are insufficient. The Committee remains concerned at the lack of adequate and systematic training for professional groups working with and for children including judges, lawyers, law enforcement personnel, policy makers, lawmakers, government and military officials, community leaders, health professionals, teachers, social workers, and personnel working in child-care institutions.

40. The Committee is concerned at the lack of a legislative framework for the creation of national independent nongovernmental organizations.

41. Of particular concern is the fact that the State party does not appear to have fully taken into account the provisions of the Convention, especially its general principles as contained in its articles 2 (nondiscrimination), 3 (best interests of the child), 6 (right to life, survival and development) and 12 (respect for the views of the child), in its legislation, its administrative and judicial decisions, and in its policies and programmes relevant to children.

42. As regards the implementation of article 2, the Committee is particularly concerned at the insufficiency of the measures adopted to ensure the full enjoyment by all children of the rights recognized in the Convention, in particular in relation to access to education and health services, and protection against exploitation. Of particular concern to the Committee are certain vulnerable groups of children, in particular girl children, children belonging to minorities, children living in rural and remote areas and children born out of wedlock.

43. The Committee expresses concern regarding the implementation of article 12 of the Convention, as children's participation is still low and they are traditionally represented by adults, and as the views of the child are not sufficiently taken into account, especially within the family, the school, and the care and justice systems.

44. The Committee is concerned at the lack of harmonization between the legal age for the end of compulsory education, which is 10, and the minimum legal age for employment, which is 15.

45. The Committee is concerned at the insufficiency of the measures adopted to discourage early marriage, which is a harmful traditional practice in certain communities.

46. In the light of article 7 of the Convention, the Committee is concerned that there are children who are not registered at birth.

47. The Committee is concerned at the lack of awareness and information on illtreatment and abuse of children, including sexual abuse, both within and outside the family, and at the lack of appropriate measures and mechanisms to

prevent and combat such abuse. The lack of special structures for children victims of abuses and their limited access to justice are also matters of concern, as is the lack of rehabilitation measures for such children. The persistence of corporal punishment within the family and its acceptance by the society is also a matter of concern.

48. The Committee is concerned at the lack of measures, including legal ones, to ensure that children maintain contact with both parents in case of divorce or separation, as well as at the absence of a mechanism to ensure the recovery of maintenance for the child.

49. The Committee is concerned that the provisions of the Family Law regarding adoption do not conform fully to article 21 of the Convention, or with the principle of the best interests of the child.

50. The Committee is concerned at the high maternal mortality rate, the high mortality and morbidity rates among children, the lack of access to prenatal and maternity care, and the generally limited access to public health care and to medicines, in particular in rural areas. The very high level of malnutrition is also a matter of concern. The Committee is also concerned at the high incidence of traffic accidents involving children and at the inadequacy of the efforts to raise awareness about HIV/AIDS in the communities and at school, in particular in the rural areas.

51. The Committee is concerned that the legislation does not specifically mention that primary education is free. It remains concerned at the low level of school enrolment and the high dropout and repetition rates, the disparities between urban and rural areas and between ethnic groups in terms of enrolment and quality of education provided, the shortage of physical infrastructure, school materials and teachers, and the low qualifications of teachers, in particular in rural areas. The Committee is particularly concerned at the lack of vocational training opportunities, in particular in rural and remote areas.

52. The Committee is concerned by the shortage of physical and psychological rehabilitation programmes and services for unexploded ordnance victims. The problem of the toxic chemical contamination of soil and water, particularly in the six southern provinces, is also a matter of concern.

53. The Committee is concerned at the economic exploitation of children, including in the informal sector, particularly as domestic servants, in agriculture and in the family context.

54. The Committee is concerned by the increasing phenomenon of child prostitution and trafficking which affects boys as well as girls. It is worried about the insufficiency of measures to prevent and combat this phenomenon, and the lack of rehabilitation measures.

55. With regard to article 35 of the Convention, the Committee is also concerned at the inadequacy of the measures taken to address the situation of children affected by drugs and/or other substance abuse.

56. The situation in relation to the administration of juvenile justice, in particular its compatibility with articles 37, 39 and 40 of the Convention and 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. In particular, the Committee is concerned at the lack of a legal framework for the administration of juvenile justice, the grounds for arrest and detention of children that can include prostitution, the absence of specialized judges, and the lack of social workers and qualified legal defenders.

57. The Committee recommends that the State party initiate a comprehensive review of existing legislation with a view to undertaking adequate legislative reform to ensure full conformity of its legislation with all the provisions of the Convention, in particular its general principles (articles 2, 3, 6 and 12). The Committee also suggests that the State party envisage the adoption of a specific code or legislation for children, with a separate section on children who need a special protection. International cooperation with, among others, the Office of the United Nations High Commissioner for Human Rights and the United Nations Children’s Fund can be sought to this effect.

58. The Committee also suggests that the State party envisage acceding to other international human rights instruments, including the two International Covenants on Human Rights.

59. The Committee encourages the State party to pay particular attention to the full implementation of article 4 of the Convention and to ensure judicious distribution of resources at the local and central levels. Budget allocations for the implementation of economic, social and cultural rights should be ensured to the maximum extent of available resources and, where needed, within the framework of international cooperation, as well as in the light of the principle of the best interests of the child (article 3).

60. With a view to improving the general framework for the protection of children from all forms of abuse, neglect and exploitation, the Committee encourages the development of a social worker's system.

61. The Committee further recommends that the State party develop a comprehensive system of collecting disaggregated data in order to gather all necessary information on the situation of children in the various areas covered by the Convention, including on children belonging to the most vulnerable groups.

62. The Committee also suggests that a multidisciplinary monitoring system be established to assess progress achieved and difficulties encountered in the realization of the rights recognized by the Convention at the central and local levels, and in particular to monitor regularly the impact of economic change on children. The Committee suggests that the mandate of the National Commission for Mothers and Children be strengthened in this regard. The Committee recommends that the State party also explore the possibility of an independent machinery for complaints, such as an ombudsperson. The Committee further stresses the need to strengthen the capacity of the National Commission for Mothers and Children in its role of coordinator, in particular between the central, provincial and local levels. The Committee encourages the State party to seek assistance from, among others, the United Nations Children’s Fund (UNICEF) in this regard.

63. The Committee strongly encourages the State party to strengthen its efforts to make the provisions and principles of the Convention widely known by adults and children alike, in the light of article 42 of the Convention. It encourages the State party to further increase, through the print and electronic media, public awareness of the participatory rights of children, and to incorporate the Convention in the school curriculum. It also suggests that the State party develop appropriate oral or visual material to further spread knowledge of the Convention among the minorities. The Committee suggests that the State party seek assistance from, among others, UNICEF, in this regard.

64. The Committee recommends the development of adequate and systematic training for professional groups working with and for children, including judges, lawyers, law enforcement personnel, policy makers and lawmakers, government and military officials, community leaders, health professionals, teachers, social workers, personnel working in child-care institutions for children and police officers, and that children’s rights be included in their training curricula. The Committee suggests that the State party seek assistance from, among others, the Office of the United Nations High Commissioner for Human Rights and UNICEF in this regard.

65. The Committee also recommends that a legislative framework be adopted in order to encourage the establishment of national non-governmental organizations.

66. It is the Committee’s view that further efforts must be undertaken to ensure that the general principles of the Convention not only guide policy discussions and decision-making, but also are appropriately integrated into any judicial and administrative decisions and in the development and implementation of all projects, programmes and services which have an impact on children.

67. The Committee also emphasizes that the principle of nondiscrimination, as provided under article 2 of the Convention, must be fully implemented. A more active approach should be taken to eliminate discrimination against certain groups, in particular girl children, children belonging to minorities and children born out of wedlock.

68. 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.

69. The Committee suggests that the State party adopt all appropriate measures, including awarenessraising among parents and communities, on the negative effects of early marriage on children.

70. In the light of article 7 of the Convention, the Committee recommends that the State party strengthen its efforts to raise awareness among community leaders and parents to ensure that all children are registered at birth.

71. In the light of article 19 of the Convention, the Committee further recommends that the State party take all appropriate measures, including revision of legislation, to prevent and combat illtreatment within the family and sexual abuse of children. It suggests, inter alia, that the authorities initiate a comprehensive study on abuse, illtreatment and domestic violence to improve the understanding of the nature and the scope of the problem, and set up social programmes to prevent all types of child abuses as well as to rehabilitate the child victims. Law enforcement should be strengthened with respect to such crimes; adequate procedures and mechanisms to deal with complaints of child abuse should be developed, such as multidisciplinary teams to handle cases, special rules of evidence, and special investigators or community focal points.

72. The Committee recommends that the State party take all appropriate measures, including legal ones, to ensure that children maintain contact with both parents in case of divorce or separation, as well as to ensure the recovery of maintenance for the child.

73. The Committee recommends that the legislation on adoption be brought into conformity with the provisions of article 21 and other related articles of the Convention. It further suggests that the State party ratify the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption.

74. The Committee suggests that the State party consider seeking further technical assistance to continue to strengthen its efforts to make primary health care accessible to all children, in particular at the district level. Concerted efforts are needed to combat malnutrition. The Committee further suggests that the State party promote adolescent health by strengthening reproductive health education and services to prevent and combat HIV/AIDS. The Committee also recommends that all appropriate measures be taken to prevent traffic accidents, such as teaching traffic rules at school.

75. In accordance with article 28 of the Convention, the Committee encourages the State party in its efforts to make free primary education available for all and to train teachers. It also encourages the State party to implement measures to improve school enrolment and pupil retention, especially of girls, children belonging to minorities and children living in rural areas. A system for the regular evaluation of the effectiveness of all educational measures taken, including those related to the quality of

teaching, must be ensured. The State party may wish to consider requesting further international assistance for the implementation of the measures identified for the full implementation of article 28.

76. The Committee strongly encourages the State party to seek long-term external financial assistance in order to build national capacity with regard to Unexploded Ordnance (UXO), to establish a sustainable clearing process in each area, to provide continual community awareness programmes, through schools, pagodas and local organizations, and to develop rehabilitation programmes. The Committee also suggests that a study be undertaken on the effects on children of toxic chemical contamination of soils and water as a result of the armed conflict, and that studies on this matter undertaken in neighbouring countries be consulted.

77. The Committee recommends that further measures be taken to implement the provisions of article 32, and that efforts be made to prevent and combat economic exploitation of the child or the performing of any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development. Particular attention should be paid to children working in the informal sector and with their families. The Committee further recommends that the State party harmonize the age of the end of compulsory education with the minimum age for work, by raising the former to 15. The Committee suggests that the State party consider ratifying ILO Convention No. 138 concerning the minimum age for employment. The Committee also suggests that the State party seek technical assistance from ILO in this area.

78. With regard to the increase in child prostitution and trafficking, the Committee recommends that measures be taken on an urgent basis, such as a comprehensive programme of prevention, including an awarenessraising and education campaign, in particular in the rural areas, and of rehabilitation of the victims. The State party is also invited to strengthen its efforts to control child pornography. Concerning the trafficking of boys and girls into neighbouring countries for work or prostitution, the Committee recommends that the State party strengthen its efforts to raise awareness in communities and establish vocational training for young people, in particular in rural areas. Cooperation with neighbouring countries is strongly encouraged.

79. The Committee recommends that the State party take all appropriate measures to prevent and combat drug and substance abuse among children, such as public information campaigns, including in schools. It also encourages the State party to support rehabilitation programmes dealing with children victims of drug and substance abuse. In this regard, the Committee encourages the State party to consider seeking technical assistance from competent international organizations, such as the World Health Organization (WHO).

80. The Committee recommends that legal reform in the field of administration of juvenile justice be pursued and take fully into account the Convention on the Rights of the Child, in particular articles 37, 39 and 40 as well as other relevant 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 the prevention of juvenile delinquency, the protection of the rights of children deprived of their liberty, respect for fundamental rights and legal safeguards in all aspects of the juvenile justice system and full independence and impartiality of the judiciary dealing with juveniles. The Committee also encourages the State party to explore alternatives to institutional care as well as traditional mechanisms of conciliation, as long as the principles and guarantees of the Convention are respected. The Committee also recommends that the State party avails itself of the technical assistance programmes of the Office of the High Commissioner for Human Rights and the Crime Prevention and Criminal Justice Division of the United Nations.

81. In the light of the areas of concern identified by the Committee and the recommendation made, in particular in education, health and protection, the Committee suggests that the State party consider seeking further technical assistance from relevant international organizations.

82. Finally, in light of article 44, paragraph 6, of the Convention, the Committee recommends that the initial report and written replies presented by the State party be made widely available to the public at large and that the publication of these documents be undertaken, along with the relevant summary records and the concluding observations adopted thereon by the Committee following its consideration of the report. Such a document should be widely distributed in order to generate debate and awareness of the Convention and its implementation and monitoring within the Government, the National Assembly and the general public, including concerned non-governmental organizations.

83. The Committee considered the initial report of Australia (CRC/C/8/Add.31) at its 403rd to 405th meetings (CRC/C/SR.403-405) on 24

84. The Committee expresses its appreciation to the State party for its extensively detailed report, which has been prepared in full conformity with the Committee’s guidelines, and for the submission of written replies to its list of issues (CRC/C/Q/AUS/1). The Committee notes with satisfaction the constructive and open dialogue it had with the delegation of the State party, and the detailed replies it received from the delegation during the dialogue. The Committee also notes the supplementary information provided by the delegation during and following the consideration of the report. The Committee regrets, however, that the State party did not include full information in its report on the External Territories that are administered by it. The Committee notes that article 2 of the Convention requires States parties to ensure the implementation of the Convention for areas under their jurisdiction, which therefore includes the obligation to report on progress achieved in all its territories.

85. The Committee appreciates the State party’s firm commitment to adopting measures for the implementation of the rights of the child as recognized in the Convention. The Committee notes specifically the wide range of welfare services for the benefit of children and their parents, the provision of universal and free education and the advanced health system.

of law reform. The Committee welcomes the recent amendments to the Family Law Act, 1975 and the Crimes (Child Sex Tourism) Amendment Act, 1994.

87. The Committee welcomes the intention of the State party to ratify the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption.

88. Noting the long-standing efforts made by the State party in the field of international cooperation, the Committee would like to encourage the State party to achieve the 0.7 per cent of GDP target for international assistance to developing countries.

89. The Committee is concerned that although the Convention on the Rights of the Child has been declared a relevant international instrument under the Human Rights and Equal Opportunity Act, 1986, which enables the Human Rights and Equal Opportunity Commission to refer to the Convention when it is considering complaints, this does not give rise to legitimate expectations that an administrative decision will be made in conformity with the requirements of that instrument. The Committee is also concerned that there is no right of citizens to launch complaints in the local courts on the basis of the Convention on the Rights of the Child.

party to article 37 (c) of the Convention. The Committee notes that this reservation might impede the full implementation of the Convention.

91. The Committee is concerned about the absence of a comprehensive policy for children at the federal level. It is also concerned by the lack of monitoring mechanisms at federal and local levels. Such mechanisms are of essential importance for the evaluation and promotion of the development of policies and programmes for the benefit of children. Disparities between the different states’ legislation and practices, including budgetary allocations, are of concern to the Committee.

92. The Committee notes that the Convention and its principles are not generally known to the public, although the notion of rights is. The Committee regrets that there seems to be lack of adequate understanding in some quarters of the community of the principles of the Convention, as well as its holistic and interrelated approach, and the importance that the Convention places on the role of the family.

93. The Committee also expresses its concern that employment legislation on the federal level, as well as in all the states, does not specify minimum age(s) below which children are not allowed to be employed. The law also

education. The Committee is deeply concerned that the minimum age of criminal responsibility is generally set at the very low level of 7 to 10 years, depending upon the state.

94. The Committee is concerned that the general principles of the Convention, in particular those related to non-discrimination (article 2) and the respect for the views of the child (article 12) are not being fully applied.

95. While noting the information provided by the delegation of the State party on a number of programmes to raise health standards for Aboriginal and Torres Strait Islander children and the State party's intention to start a two-year anti-racism campaign, the Committee is nonetheless concerned about the special problems still faced by Aboriginals and Torres Strait Islanders, as well as by children of non-Englishspeaking backgrounds, with regard to their enjoyment of the same standards of living and levels of services, particularly in education and health.

96. The Committee is concerned that in some instances, children can be deprived of their citizenship in situations where one of their parents loses his/her citizenship.

97. The Committee expresses its concern about the lack of prohibition in local legislation of the use of corporal punishment, however light, in schools, at home and in institutions; in the view of the Committee this contravenes the principles and provisions of the Convention, in particular articles 3, 5, 6, 19, 28 (2), 37 (a), (c), and 39. The Committee is also concerned about the existence of child abuse and violence within the family.

98. The Committee is also concerned by local legislation that allows the local police to remove children and young people congregating, which is an infringement on children’s civil rights, including the right to assembly.

99. The Committee is concerned that women working in the private sector are not systematically entitled to maternity leave, which could result in different treatment between children of State employees and those working in other sectors.

100. While noting the support services that are provided to homeless children, including housing, education and health services, the Committee remains concerned at the spread of homelessness amongst young people. The Committee is worried that this puts children at risk of involvement in prostitution, drug abuse, pornography, or other forms of delinquency and economic exploitation. The incidence of suicide among young people is an additional cause of concern to the Committee.

101. The Committee is concerned about the continued practice of female genital mutilation in some communities, and that there is no legislation prohibiting it in any of the states.

102. The Committee is concerned about the treatment of asylum seekers and refugees and their children, and their placement in detention centres.

103. The situation in relation to the juvenile justice system and the treatment of children deprived of their liberty is of concern to the Committee, particularly in the light of the principles and provisions of the Convention and 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.

104. The Committee is also concerned about the unjustified, disproportionately high percentage of Aboriginal children in the juvenile justice system, and that there is a tendency normally to refuse applications for bail for them. The Committee is particularly concerned at the enactment of new legislation in two states, where a high percentage of Aboriginal people live, which provides for mandatory detention and punitive measures of juveniles, thus resulting in a high percentage of Aboriginal juveniles in detention.

105. In the light of the Vienna Declaration and Programme of Action of 1993, the Committee encourages the State party to review its reservation to article 37 (c) with a view to its withdrawal. The Committee emphasizes that article 37 (c) allows for exemptions from the need to separate children deprived of their liberty from adults when that is in the best interests of the child.

106. The Committee recommends that the State party create a federal body responsible for drawing up programmes and policies for the implementation

of the Convention on the Rights of the Child, and monitoring their implementation. The Committee suggests that cooperation in the field of the rights of the child between the authorities and non-governmental organizations as well as Aboriginal and Torres Strait Islander communities should also be further strengthened.

107. The Committee encourages the State party to allocate special funds in its international cooperation programmes and schemes to children. The Committee also encourages the State party to use the principles and provisions of the Convention as a framework for its programme of international development assistance.

108. The Committee suggests that the State party take all appropriate measures, including of a legislative nature, to prohibit corporal punishment in private schools and at home. The Committee also suggests that awarenessraising campaigns be conducted to ensure that alternative forms

of discipline are administered in a manner consistent with the child’s human dignity and in conformity with the Convention. The Committee also believes that cases of abuse and ill-treatment of children, including sexual abuse within the family, should be properly investigated, sanctions applied to perpetrators and publicity given to decisions taken. Further measures should

be taken with a view to ensuring the physical and psychological recovery and social reintegration of the victims of abuse, neglect, ill-treatment, violence or exploitation, in accordance with article 39 of the Convention.

109. The Committee recommends that awarenessraising campaigns on the Convention on the Rights of the Child be conducted, with a particular focus on its general principles and on the importance the Convention places on the role of the family. The Committee suggests that the Convention be disseminated also in languages that are used by Aboriginals and Torres Strait Islanders, and by persons from nonEnglishspeaking backgrounds. The Committee also suggests that the rights of the child be incorporated in school curricula. It further recommends that the Convention be incorporated in the training provided to law enforcement officials, judicial personnel, teachers, social workers, care givers and medical personnel.

110. The Committee believes that there is a need for an awarenessraising campaign on the right of the child to participate and express his/her views, in line with article 12 of the Convention. The Committee suggests that special efforts be made to educate parents about the importance of children’s participation, and of dialogue between parents and children. The Committee also recommends that training be carried out to enhance the ability of specialists, especially care givers and those involved in the juvenile justice system, to solicit the views of the child, and help the child express these views.

111. The Committee recommends that specific minimum age(s) be set for employment of children at all levels of government. The Committee suggests that there is also a need for clear and consistent regulations in all the states on maximum allowed work hours for working children who are above the minimum employment age. The Committee also encourages the State party to consider ratifying ILO Convention No. 138 concerning minimum age for employment. While acknowledging the fact that the federal Government is planning to harmonize the age of criminal liability and raise it in all the states to 10 years, the Committee believes that this age is still too low.

112. The Committee recommends that legislation and policy reform be introduced to guarantee that children of asylum seekers and refugees are reunified with their parents in a speedy manner. The Committee also recommends that no child be deprived of his/her citizenship on any ground, regardless of the status of his/her parent(s).

113. The Committee encourages the State party to review its legislation and make paid maternity leave mandatory for employers in all sectors, in the light of the principle of the best interests of the child and articles 18 (3) and 24 (2) of the Convention.

114. The Committee encourages the State party to take further steps to raise the standards of health and education of disadvantaged groups, particularly Aboriginals, Torres Strait Islanders, new immigrants, and children living in rural and remote areas. The Committee is also of the view that there is a need for measures to address the causes of the high rate of incarceration of Aboriginal and Torres Strait Islander children. It further suggests that research be continued to identify the reasons behind this disproportionately high rate, including investigation into the possibility that attitudes of law enforcement officers towards these children because of their ethnic origin may be contributing factors.

115. The Committee recommends that further research be carried out to identify the causes of the spread of homelessness, particularly among young persons and children, including, inter alia, the socio-economic background of the child and his/her family, and to identify any link between homelessness and child abuse, including sexual abuse, child prostitution, child pornography, and trafficking in children. The Committee also encourages

the State party to adopt further policies of poverty alleviation, and to further strengthen the support services that it provides to homeless children.

116. The Committee recommends that specific laws be enacted to prohibit the practice of female genital mutilation and to ensure adequate implementation of the legislation. The Committee also recommends that further awarenessraising campaigns be conducted, in cooperation with the different communities, to sensitize them about the dangers and harm that result from this practice.

117. Finally, in the light of article 44, paragraph 6, of the Convention, the Committee recommends that the initial report and written replies presented by the State party be made widely available to the public at large and that the reports be published, along with the relevant summary records and the concluding observations adopted thereon by the Committee. Such a document should be widely distributed in order to generate debate and awareness of the Convention and its implementation and monitoring within the Government, the Parliament and the general public, including concerned non-governmental organizations.

118. The Committee considered the initial report of Uganda (CRC/C/3/Add.40) at its 409th and 410th meetings (CRC/C/SR.409-410) held on 29 and 30 September 1997 and adopted

the following concluding observations:

119. The Committee expresses its appreciation to the State party for the submission of its initial report which followed the guidelines set by the Committee on the Rights of the Child as well as for the comprehensive written answers to its list of issues (CRC/C/UGA/1). The Committee also expresses its satisfaction to the State party for having engaged in an open and constructive dialogue with the Committee, and in particular for the self-critical and frank approach taken by the State party in its report and during the dialogue with the Committee. It welcomes the delegation's positive response to the suggestions and recommendations made during the course of the discussion.

120. The Committee notes the establishment in 1992 of the National Council of Children and the adoption of the Uganda National Plan of Action for Children. It also welcomes the decentralization of the National Plan of Action for

Children and, to this end, the adoption of 34 district plans of action for children. The Committee further notes with appreciation that alongside the legislative framework, the State party has carried out some studies and developed therefrom, inter alia, the decentralization policy.

121. The Committee notes with satisfaction that the State party enacted a new Constitution in 1995 and the Children’s Statute in 1996 which incorporate specific provisions relating to children’s rights; further, that the State party in the drafting of this legislation used the Convention on the Rights of the Child as one of the core documents so as to ensure full compatibility between the Constitution, the Children's Statute and the Convention. The Committee also notes that the State party is one of the seven African countries that has so far ratified the African Charter on the Rights and Welfare of the Child.

122. The Committee welcomes the priority being given by the State party to health, in particular health care for children, including efforts to reduce child mortality, facilitate breastfeeding, support nutrition programmes, combat HIV/AIDS, eliminate female genital mutilation and increase access to clean drinking water.

123. The Committee acknowledges that the severe political, economic and social difficulties facing the State party have had a negative impact on the situation of children. In particular, the Committee notes that poverty,

armed conflict in the north and the HIV/AIDS pandemic have caused major difficulties.

124. Furthermore, the Committee notes that prejudicial traditional practices and customs, prevailing particularly in rural areas, hamper the effective implementation of the provisions of the Convention, especially with regard to the principles of non-discrimination, best interests of the child and respect for the views of the child.

125. The Committee, while noting with satisfaction the existence of the National Children’s Council and various government bodies, ministries and Resistance Councils responsible for the welfare of children at the national and local levels, nevertheless regrets the inadequate coordination among these bodies in promoting and protecting the rights of the child and developing a comprehensive approach to the implementation of the Convention. It also regrets that the National Children's Council and the other bodies, ministries and councils lack the requisite institutional capacity, skills and financial resources to carry out their mandates.

126. Taking note of the recent achievements in the field of law reform, the Committee is concerned about the insufficiency of the measures taken by the State party to harmonize national legislation with the principles and provisions of the Convention. The Committee particularly notes with concern that current provisions concerning the definition of “child”, “youthful offender” and “minor”, as contained respectively in the Approved Schools Act, the Affiliation Act and the Marriage Act; the Reformatory Schools Act; and the Divorce Act, are incompatible with the provisions and principles of the Convention, especially with the principle of non-discrimination and in the areas of marriage, employment and juvenile justice. The Committee also remains concerned about the conflict between customary law and the principles and provisions of the Convention in these areas.

127. The Committee is concerned that no adequate measures have been taken for the systematic collection of disaggregated quantitative and qualitative data in all areas covered by the Convention, in relation to all groups of children, in urban and rural areas, in order to evolve targeted policies, evaluate progress achieved and assess the impact of policies adopted with respect to children. The Committee is also concerned about the State party’s limited human and financial capacity to collect and process data, as well as to develop specific indicators to evaluate progress achieved and assess the impact of policies adopted on children, in particular the most vulnerable groups of children.

128. While acknowledging that efforts have been made by the State party to promote awareness of the provisions of the Convention through the print and electronic media, the schools and village campaigns, the Committee remains concerned that insufficient steps have been taken to promote awareness and understanding of the principles and provisions of the Convention. The Committee is concerned that the training on children’s rights provided to all professional groups, including members of the police and security forces and

other law enforcement officials, army officials, judicial personnel, magistrates, lawyers, teachers and school administrators at all levels of education, social workers, officials of central or local administrations and personnel of child-care institutions and health and medical personnel, is insufficient and unsystematic. Further, the Committee remains concerned that the Convention in its entirety has not been translated into any vernacular language.