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/80

9 October 1998

Original: ENGLISH

THE RIGHTS OF THE CHILD. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Children in armed conflicts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

I. ORGANIZATIONAL AND OTHER MATTERS. . . . . . . . . . . . . . . . . . . . . 1  13 5

A. States parties to the Convention. . . . . . . . . . . . . . . . . . 1  2 5

C. Membership and attendance. . . . . . . . . . . . . . . . . . . . . . . . . 4  7 5

D. Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6

E. Presessional working group. . . . . . . . . . . . . . . . . . . . . . . 9  11 6

F. Organization of work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7

G. Future regular meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . 13 7

THE CONVENTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14  184 7

A. Submission of reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . 14  17 7

B. Consideration of reports. . . . . . . . . . . . . . . . . . . . . . . . . 18  23 8

work of the Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . 185  194 43

competent bodies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195  209 46

world with HIV/AIDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210  243 50

on children with disabilities. . . . . . . . . . . . . . . . . . . . 244  247 61

TWENTIETH SESSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248 62

V. ADOPTION OF THE REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249 63

at 9 October 1998. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

Child. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

of the Child as at 9 October 1998. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71

on the Rights of the Child as at 9 October 1998. . . . . . . . . . . . . . . . . . 83

twentieth and twentyfirst sessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88

HIV/AIDS, held on 5 October 1998. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89

nineteenth session of the Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92

Recalling that at its second session, in 1992, the Committee devoted one day to a general discussion on the topic “Children in armed conflict” at which the relevance and adequacy of existing standards were discussed,

Noting the similarity of the conclusions on the negative effects of armed conflict on children reached by the expert of the Secretary-General in her 1996 study entitled “The impact of armed conflict on children” (A/51/306 and Add.1) and by the Special Representative of the Secretary-General on the impact of armed conflict on children,

Recalling that at its third session it prepared a preliminary draft optional protocol to the Convention on the Rights of the Child (E/CN.4/1994/91, annex), which it submitted to the Commission on Human Rights at its fiftieth session,

Having welcomed the subsequent decision of the Commission on Human Rights, as contained in its resolution 1994/91, to establish an openended intersessional working group to elaborate, as a matter of priority, a draft optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict,

Noting that the working group has met yearly since 1995 and that it was unable at its fourth session, held in February 1998, to reach agreement on the draft text which could be adopted by consensus,

Welcoming Commission resolution 1998/76 and the request to the Secretary-General to invite the Committee, inter alia, to submit comments and suggestions on the report of the working group,

Reiterating its growing alarm, upon its examination of a large number of reports of States parties on their implementation of the Convention on the Rights of the Child, at the deeply tragic consequences of the involvement of children in armed conflict,

1. Expresses its concern at the delays experienced in the process of drafting and adopting the optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict;

2. Recalls that the function of optional protocols is to promote the progressive development of international law by enabling those States that are willing to adopt more demanding standards to do so;

3. Reaffirms its belief that this new legal instrument is urgently needed in order to strengthen the levels of protection ensured by the Convention;

4. Stresses the special responsibility of States parties to the Convention on the Rights of the Child in the search for the most protective solutions, guided by the best interests of the child;

5. Recalls its major recommendation on the fundamental importance of raising the age of all forms of recruitment of children into the armed forces to 18 years and the prohibition of their involvement in hostilities;

6. Also recalls that adoption of the optional protocol will provide an opportunity for States parties that are in a position to do so, and them alone, to accept its provisions by ratification or adherence;

7. Expresses the hope that States that are not yet in a position to accept the eighteenyear age limit will not prevent the adoption of the optional protocol by other Government;

8. Invites States parties to make every effort to facilitate the adoption of the optional protocol on the involvement of children in armed conflict before the tenth anniversary of the adoption of the Convention on the Rights of the Child.

1. As at 9 October 1998, the closing date of the nineteenth 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.7.

3. The Committee on the Rights of the Child held its nineteenth session at the United Nations Office in Geneva from 21 September to 9 October 1998. The Committee held 28 meetings (478th to 505th). An account of the Committee's deliberations at its nineteenth session is contained in the relevant summary records (CRC/C/SR.478490, 493495, 497498, 450 and 454).

4. All the members of the Committee attended the nineteenth 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 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, Office of the United Nations High Commissioner for Refugees.

6. The following specialized agencies were also represented at the session: International Labour Organization, UNAIDS, World Health Organization.

7. 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.

Coalition against Trafficking in Women, Defence for Children International, International Federation of Social Workers, International Confederation of Free Trade Unions, International Federation of Women in Legal Careers, International Federation Terre des Hommes, International Service from Human Rights, World Federation of Methodist and Uniting Church Women, World Organization Against Torture.

Federation for the Protection of Children's Human Rights, International Baby Food Action Network, NGO Group for the Convention on the Rights of the Child, NGO Working Group on Nutrition.

8. At its 478th meeting, on 21 September 1998, the Committee adopted the following provisional agenda.

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

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

9. In accordance with a decision of the Committee at its first session, a presessional working group met in Geneva from 8 to 12 June 1998. All the members, except Mr. Francesco Paolo Fulci, Mrs. Esther Margaret Queenie Mokhuane and Mr. Ghassan Salim Rabah, 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, 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 presessional working group.

10. 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.

11. Members of the Committee elected Mrs. Nafsiah Mboi to chair that the presessional working group. The latter held nine meetings, at which it examined lists of issues put before it by members of the Committee relating to the initial reports of four countries: Austria, Barbados, Belize and Kuwait, and the second periodic reports of two countries: Bolivia and Sweden. 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 2 September 1998.

12. The Committee considered the organization of work at its 478th meeting, on 30 September 1998. The Committee had before it the draft programme of work for the eighteenth session, prepared by the Secretary-General in consultation with the Chairperson of the Committee, and the report of the Committee on its eighteenth session (CRC/C/79).

13. The Committee noted that its twentieth session would take place from 11 to 29 January 1999 and its presessional working group would meet from 1 to 5 February 1999.

(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), 1998 (CRC/C/61) and 1999 (CRC/C/78); and on periodic reports of States parties due in 1997 (CRC/C/65) and 1998 (CRC/C/70);

(b) Note by the Secretary-General on the States parties to the Convention and the status of submission of reports (CRC/C/77);

(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.10);

(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.10).

15. The Committee was informed that, in addition to the five reports that were scheduled for consideration by the Committee at its current session (see paragraph 18 below) and those which had been received prior to the Committee's eighteenth session (see CRC/C/79, para. 17), the Secretary-General had received the initial reports of Lesotho (CRC/C/11/Add.20), and Lithuania (CRC/C/11/Add.21), and the second periodic reports of Colombia (CRC/C/70/Add.5), Denmark (CRC/C/70/Add.6), Egypt (CRC/C/65/Add.9), Finland (CRC/C/70/Add.30), Jordan (CRC/C/70/Add.4) and Norway (CRC/C/70/Add.2). The status of submission of reports by States parties under article 44 of the Convention is given in annex III.

16. A list of initial reports considered by the Committee as of 21 September 1998, as well as a provisional list of initial and second periodic reports scheduled for consideration at the Committee's twentieth and twentyfirst sessions, are contained in annexes IV and V respectively.

17. As at 21 September 1998, the Committee had received 126 initial and 15 periodic reports. A total of 88 reports have been examined by the Committee.

18. At its nineteenth session, the Committee examined initial reports submitted by five States parties under article 44 of the Convention. It devoted 15 of its 28 meetings to the consideration of reports (see CRC/C/SR.479490, 493495).

19. The following reports, listed in the order in which they were received by the Secretary-General, were before the Committee at its nineteenth session: Ecuador (CRC/C/3/Add.44), Iraq (CRC/C/41/Add.3), Bolivia (CRC/C/65/Add.1), Thailand (CRC/C/11/Add.13) and Kuwait (CRC/C/8/Add.35).

20. By a letter dated 28 August 1998, the State Secretary for Social Security of Sweden requested that the consideration of the second periodic report of Sweden (CRC/C/65/Add.3), which had been scheduled for the nineteenth session, be postponed, on account of the Swedish general elections in September. The Committee agreed to postpone the consideration of that report until its next session.

21. 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.

22. 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.

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

24. The Committee considered the initial report of Ecuador (CRC/C/3/Add.44) at its 479th to 481st meetings (see CRC/C/SR.479481), held on 22 and 23 September 1998, and adopted

the following concluding observations.

25. The Committee welcomes the submission of the initial report of the State party. Though the report was constructive and comprehensive, the Committee regrets that it did not strictly follow the guidelines. The Committee also takes note of the written replies to the list of issues (CRC/C/Q/ECU/1) and the additional information provided to it in the course of the dialogue, which enabled it to assess the situation of the rights of the child in the State party. The Committee welcomes the frank, selfcritical and cooperative tone of the dialogue the State party's delegation undertook with the Committee. However, it regrets the absence of a delegation from the capital, directly involved in the implementation of the Convention in the State party.

26. The Committee welcomes the recent adoption by the State party of a National Plan for Human Rights (March 1998) and welcomes the expanded provisions for the protection of human rights, including the promotion and protection of the rights of the child.

27. The Committee notes with appreciation the enactment of the new Constitution (August 1998), which includes provisions for the promotion and protection of human rights, including the rights of the child.

28. The Committee welcomes the measures taken by the State party to include the teaching of the Convention in the school curricula and for the establishment of bilingual education programmes for indigenous children.

29. The Committee notes with appreciation the establishment of the “Alcaldes Defensores de los Niños” programme (City Mayors for the Defence of Children).

30. The Committee welcomes the implementation of international cooperation programmes to facilitate the full implementation of the Convention on the Rights of the Child, especially in the field of human rights training. Additionally, it welcomes the willingness of the State party to engage in further technical cooperation in the field of the right to development.

31. The Committee also welcomes the accession (1995) of the State party to The Hague Convention of 1993 on the Protection of Children and cooperation in Respect of Intercoutnry Adoption and to ILO Convention No. 169 concerning Indigenous and Tribal Peoples.

32. The Committee notes that natural disasters, in particular the climatological phenomenon known as “El Niño”, have had a negative impact on the most vulnerable sectors of the population, including children, especially owing to the damage caused in the agriculture sector and to infrastructure.

33. The Committee also notes the negative impact on children of economic factors such as structural adjustment and external debt.

34. The Committee notes that widespread poverty, longstanding socioeconomic disparities and uneven land distribution within the State party affect the most vulnerable groups, including children, and hamper the enjoyment of the rights of the child in the State party.

35. While the Committee notes the enactment of the Children's Code (1992) and of the recent constitutional reform, it remains concerned that disparities still exist between the principles and provisions of the Convention and domestic legislation. The Committee recommends that the State party take all appropriate measures to facilitate the process of full harmonization of domestic legislation with the principles and provisions of the Convention, especially taking into account the holistic nature of this treaty.

36. The Committee expresses its concern at the lack of adequate coordination between various governmental entities dealing with children's issues, both at the national and local levels. The Committee recommends that the State party take further steps to reinforce, within the framework of the National Plan for Human Rights, the existing coordinating mechanisms (for example, the National Commission for Children (CONAME)), including at the municipal level, in order to strengthen coordination between the various governmental bodies involved in children's rights. Greater efforts should be made to ensure closer cooperation with non-governmental organizations working in the field of human rights, in particular the rights of the child.

37. The Committee is concerned about the absence of an adequate, systematic, comprehensive and disaggregated data collection mechanism for all areas covered by the Convention, especially addressing the most vulnerable groups of children, including children born out of wedlock, children belonging to indigenous groups, AfroEcuadorean children, children living in institutional care, children living and/or working on the streets, girl children and children living in rural areas. It recommends that the State party develop a comprehensive system for collecting disaggregated data, in order to gather all necessary information on the situation of children in the various areas covered by the Convention, including children belonging to vulnerable groups, as a basis for assessing progress achieved in the realization of children's rights and to help design policies for better implementation of the provisions of the Convention. The Committee encourages the State party to consider seeking international cooperation to this effect from, inter alia, UNICEF.

38. The Committee expresses its concern regarding recent budget cuts which have had a negative impact on the provision of social programmes, especially those relating to children. The Committee encourages the State party to pay particular attention to the full implementation of article 4 of the Convention and to ensure the appropriate distribution of resources at the local and central levels. Budgetary 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 principles of nondiscrimination and the best interests of the child (arts. 2 and 3 of the Convention). The Committee also recommends that the State party take all available measures for the full implementation and systematic monitoring of the National Plan of Action for Children.

39. While recognizing the efforts of the State party to disseminate the Convention and to train professionals working for and with children on the provisions and principles of the Convention, as well as to translate the Convention into the Quechua and Shuar languages, the Committee is of the view that these measures need to be reinforced. The Committee also remains concerned at the lack of adequate and systematic training for professional groups working with and for children. It encourages the State party to strengthen its efforts to disseminate the principles and provisions of the Convention as a measure to sensitize society about children's rights. Furthermore, training on the Convention should be conducted for professional groups, such as judges, lawyers, law enforcement and army officials, civil servants, teachers, personnel working in institutions and places of detention for children, health personnel, including psychologists, and social workers. Dissemination of the provisions and principles of the Convention to nongovernmental organizations, the mass media and the public at large including children themselves should be enhanced.

40. With regard to the implementation of article 1 and related articles of the Convention regarding the definition of the child, the Committee is concerned about the disparities existing in domestic legislation. The Committee is also concerned at the use of the biological criterion of puberty to set different ages of maturity for boys and girls. This practice is contrary to the principles and provisions of the Convention and constitutes a form of genderbased discrimination which affects the enjoyment of all rights. The Committee recommends that the State party review its domestic legislation to ensure full conformity with the principles and provisions of the Convention.

41. While acknowledging the measures taken by the State party, the Committee is still concerned at the predominance of discrimination on the basis of ethnic origin, gender, social status and disabilities. The Committee expresses its concern at the increasing disparities between rural and urban areas, as well as at the growing number of the population living in urban poor and marginalized areas. In the light of the general principle of nondiscrimination (art. 2 of the Convention), the Committee recommends that the State party continue taking all available measures to reduce economic and social disparities, including those between rural and urban areas. Measures to prevent discrimination against the most disadvantaged groups of children, including children belonging to indigenous communities, AfroEcuadorean children, girl children, children with disabilities, children born out of wedlock, children in institutional care, and children living and/or working on the streets should be reinforced.

42. The Committee is concerned that the general principles of the best interests of the child (art. 3) and respect for the views of the child (art. 12) are not fully applied and duly integrated into the policies and programmes of the State party. The Committee recommends that further efforts be made to ensure that domestic laws take fully into account the principles of the best interests of the child and respect for the views of the child, and his or her right to participate in the family, at school, in other institutions and in society in general. These principles should also be reflected in all policies, administrative decisions and programmes relating to children.

43. While the Committee takes note of the measures taken by the State party in the area of birth registration, it remains concerned at the lack of awareness and understanding on registration procedures, especially in rural areas. In the light of article 7 of the Convention, the Committee recommends that the State party continue with its efforts to ensure the registration of all children immediately after birth. Furthermore, the Committee encourages the State party to ensure, in cooperation with non-governmental organizations and with the support of intergovernmental organizations, that birth registration procedures are widely known and understood by the population at large.

44. The Committee is deeply concerned at the information provided in the State party's report that “child abuse is a culturally accepted and justified practice”. In this regard, it expresses its concern at the insufficient awareness regarding the harmful consequences of ill-treatment and abuse, including sexual abuse, both within and outside the family. Concern is also expressed at the insufficient resources, both financial and human, as well as at the lack of adequately trained personnel to prevent and combat such abuse. The insufficiency of rehabilitation measures and facilities for such children and their limited access to justice are also matters of concern. In the light of, inter alia, articles 19 and 39 of the Convention, the Committee recommends that the State party take all appropriate steps, including setting up social programmes and introducing rehabilitation measures to prevent and combat child abuse and ill-treatment of children within the family, at school and in society at large. It suggests that law enforcement should be strengthened with respect to such crimes and that adequate procedures and mechanisms to deal with complaints of child abuse should be developed. Furthermore, educational programmes should be established to combat traditional attitudes within society regarding this issue. The Committee encourages the State party to consider seeking international cooperation to this effect from, inter alia, UNICEF and international non-governmental organizations.

45. While the Committee notes the State party's efforts to reduce the infant mortality rate and the underfive mortality rate, it is still concerned about the prevalence of malnutrition, high rates of maternal mortality and the limited access to health services in remote rural areas. It suggests that the State party allocate appropriate resources and consider seeking technical assistance, when needed, to reinforce its efforts to make basic healthcare accessible to all children. In particular, concerted efforts are required to combat malnutrition and ensure the adoption and implementation of a national nutritional policy for children. International cooperation for the establishment of programmes such as the WHO/UNICEF “Integrated Management of Childhood Illness” is recommended. In addition, the Committee recommends that breastfeeding be promoted in all health facilities and among the public at large.

46. With regard to adolescent health, the Committee is particularly concerned at the high and increasing rate of teenage pregnancy, the incidence of suicides by girls and insufficient access by teenagers to reproductive health education and counselling services, including outside of schools. The Committee is also concerned at the increasing rate of substance abuse. It suggests that a comprehensive and multidisciplinary study be undertaken on adolescent health problems as a basis for promoting adolescent health policies and strengthening reproductive health education and counselling services. The Committee also recommends that further efforts be undertaken to develop childfriendly counselling services, as well as care and rehabilitation facilities for adolescents. Measures to prevent and combat substance abuse among adolescents should be strengthened.

47. The Committee expresses its concern at the high incidence of environmental threats, including to the health of children, in particular in oil exploitation areas of the Amazonia region. In the light of article 24 (c) of the Convention, the Committee recommends that the State party take all appropriate measures, including seeking international cooperation, to prevent and combat the damaging effects of environmental degradation, including pollution, on children.

48. With regard to the implementation of article 27 of the Convention, the Committee is concerned about the widespread poverty and deteriorating living conditions affecting the majority of the population in the State party. It recommends that the State party take comprehensive measures to establish poverty alleviation programmes with special emphasis on the access to health-care and education of children, in particular the most vulnerable groups of children.

49. Although the Committee is aware of the State party's achievements in the field of education, it remains concerned at the high drop-out rate between primary and secondary school and the high repetition rate at both levels, at the gender disparities in secondary school enrolment and at disparities in access to education between rural and urban areas. It recommends that the State party strengthen its educational policies and system in order to reduce gender and geographical disparities and to establish retention programmes and vocational training for drop-out students.

50. Though the Committee is aware that the reform of the primary education curricula has included measures to fulfil the rights of the child to leisure and recreational and cultural activities, it remains concerned about the insufficiency of these measures, in particular for children living in urbanpoor and rural areas. In the light of article 31 of the Convention, the

Committee recommends that the State party strengthen its measures to improve children's access to leisure and to recreational and cultural activities, especially for the most vulnerable groups of children.

51. While the Committee acknowledges the State party's policies for the protection of refugees, it remains concerned at the lack of specific provisions in its domestic legislation concerning the rights of asylum seeking and refugee children and the right to family reunification. In the light of article 22 of the Convention, the Committee recommends that the State party undertake appropriate measures to adopt legislation to protect all the rights of asylum seeking and refugee children. Technical assistance from the Office of the United Nations High Commissioner for Refugees (UNHCR) could be requested in this regard.

52. The Committee is concerned at the insufficient measures addressing the issues of child labour and economic exploitation, including domestic labour and sexual exploitation of children. In this regard, the lack of data and research is also a matter of concern to the Committee. The Committee is further concerned at the increasing number of children living and/or working on the streets, who require special attention because of the risks they are exposed to. The Committee recommends that the State party give specific attention to undertaking research on and monitoring the situation of children living and/or working on the streets and those involved in hazardous labour, including domestic service and prostitution. The Committee also recommends that the State party develop national policies on the prevention and the elimination of the most hazardous forms of child labour. The Committee suggests that the State party consider seeking technical assistance from ILO in this area. In addition, the Committee encourages the State party to consider ratifying ILO Convention No. 138 concerning minimum age for admission to employment.

53. While the Committee takes note of the State party's efforts to combat the trafficking and sale of children, it remains concerned about the lack of preventive measures in this area. Concerning the trafficking of boys and girls into neighbouring countries for work, including prostitution,

the Committee recommends that measures be taken on an urgent basis, such as a comprehensive programme of prevention, including an awarenessraising campaign and educational programmes, in particular in the rural areas and for concerned governmental officials, and of rehabilitation of the victims. Cooperation with neighbouring countries is strongly encouraged.

54. The Committee is concerned at the absence of data and of a comprehensive study on the issue of sexual commercial exploitation of children. In the light of article 34 and related articles of the Convention, the Committee recommends that the State party reinforce its legislative framework to protect children fully from all forms of sexual abuse or exploitation, including within the family. It also recommends that the State party engage in studies with a view to designing and implementing appropriate policies and measures, including care and rehabilitation, to prevent and combat this phenomenon. The Committee recommends that the State party continue implementing the recommendations formulated in the Agenda for Action adopted at the 1996 Stockholm World Congress against Commercial Sexual Exploitation of Children.

55. With regard to the juvenile justice system in the State party, the Committee is concerned about its full compatibility with articles 37, 40 and 39 of the Convention and with 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. In particular, the Committee is concerned that deprivation of liberty is not systematically used as a measure of last resort only, at the slow pace at which cases are processed, at the insufficient provision of legal aid for children and at the situation of children under seven years of age living in prisons with their parents. It recommends that the State party envisage undertaking further measures to ensure the full compatibility of the juvenile justice system with the Convention, especially articles 37, 40 and 39 and other relevant United Nations standards. Particular attention should be paid to ensuring that the deprivation of liberty is only used as a measure of last resort, that children have access to legal aid and that alternative care (for example, in foster families) should be provided for children living in prisons with one of their parents. Training programmes on the relevant international standards should be conducted for all professionals involved with the juvenile justice system. In this regard, the Committee further suggests that the State party consider seeking technical assistance from, inter alia, the Office of the United Nations High Commissioner for Human Rights, the Centre for International Crime Prevention, the International Network on Juvenile Justice and UNICEF through the Coordination Panel on Juvenile Justice.

56. The Committee recommends that additional information, taking into account the concerns expressed during the dialogue held with the State party, be prepared and submitted to the Committee by April 1999.

57. Lastly, in the light of article 44, paragraph 6, of the Convention, the Committee recommends that the initial report and written replies submitted by the State party be made widely available to the public at large and that consideration be given to publishing the report, along with the relevant summary records and the concluding observations adopted by the Committee. Such a document should be widely distributed in order to generate debate on and awareness of the Convention, its implementation and monitoring within the Government and the Parliament and among the general public, including concerned nongovernmental organizations.

58. The Committee considered the initial report of Iraq (CRC/C/41/Add.3) at its 482nd to 484th meetings (CRC/C/SR.482-484), held on 23 and 24 September 1998, and adopted

the following concluding observations.

59. The Committee welcomes the submission of the State party's initial report and the written replies to its list of issues (CRC/C/Q/IRAQ/1). It nevertheless regrets that the report did not follow the guidelines established by the Committee. The Committee notes the constructive dialogue it had with the delegation of the State party and the replies it received from the delegation during the discussion.

60. The Committee takes note of the fact that the Convention is selfexecuting within the State party and that its provisions may be invoked before the courts.

61. The Committee takes note of the development of a National Plan of Action for Children and welcomes the programme for reproductive health implemented by the Association for Family Planning and the Ministry of Health, as well as the Mother and Child Unit established within the Central Statistical Office. The Committee also welcomes the introduction of compulsory education and the development of a programme to combat illiteracy within the State party.

62. In the light of General Comment No. 8 adopted by the Committee on Economic, Social and Cultural Rights (1997) and Decision 1998/114 of the SubCommission on Prevention of Discrimination and Protection of Minorities, the Committee notes that the embargo imposed by the Security Council has adversely affected the economy and many aspects of daily life, thereby impeding the full enjoyment by the State partýs population, particularly children, of their rights to survival, health and education. The Committee also notes that the northern territory is currently not administered by the State party authorities; consequently, the lack of information relevant to the implementation of the Convention on the Rights of the Child in that area is a matter of concern to the Committee.

63. The Committee notes with concern the reservation to article 14.1 made by the State party upon ratification of the Convention. In the light of the Vienna Declaration and Programme of Action (1993), the Committee encourages the State party to consider the possibility of reviewing the reservation with a view to its withdrawal.

64. While the Committee notes that the State party has developed a substantive legislative framework, it is still concerned that the provisions and principles of the Convention are not fully reflected in law. The Committee recommends that the State party take all appropriate measures to engage, where necessary, in a process of law reform, for example, by enacting a children's code to ensure full compliance with the Convention.

65. The Committee is concerned at the need to strengthen law enforcement in all areas covered by the Convention. It suggests that the State party consider the introduction of a number of policies and programmes that guarantee law enforcement and implementation of the existing legislation through adequate services, remedies and rehabilitation programmes, when appropriate within the framework of international cooperation.

66. While the Committee notes that the Child Welfare Authority, the institution responsible for the implementation of the Convention, enjoys support at the highest official level and is located in the office of the President, it remains concerned at its limited powers. The Committee recommends that the State party seek to strengthen the Child Welfare Authority by increasing its budgetary allocations, as well as its power and authority to implement the Convention.

67. With regard to coordination of programmes and policies, the Committee is concerned at the insufficient coordination between the different bodies and agencies working with and for children. The Committee recommends that further steps be taken by the State party to strengthen coordination between the various government bodies involved in children's rights at both the national and local levels and that greater efforts be made to ensure closer cooperation with non-governmental organizations working in the field of children's rights.

68. The Committee expresses concern at the absence of an independent mechanism to register and address complaints from children concerning violations of their rights under the Convention. The Committee recommends that an independent mechanism be made accessible to children to deal with complaints of violations of their rights and to provide remedies for such violations.

69. While the Committee notes the establishment and expansion of the Mother and Child Unit within the Central Statistical Office, it is still concerned that no adequate measures have been taken for the development of indicators and the systematic collection of disaggregated quantitative and qualitative data on the areas covered by the Convention in relation to all groups of children in order to monitor and evaluate progress achieved and assess the impact of policies adopted with respect to children. The Committee recommends that the system of data collection be reviewed with a view to incorporating all the areas covered by the Convention. Such a system should include all children, with specific emphasis on vulnerable ones, including those who are victims of abuse or ill-treatment, child workers, children involved with the administration of juvenile justice, the girl child, children of single-parent families and children born out of wedlock, abandoned and/or institutionalized children, and children with disabilities. The Committee recommends that the State party consider seeking technical assistance from, inter alia, UNICEF in the development of such a data collection system.

70. In the light of article 4 of the Convention, the Committee is concerned that insufficient attention has been paid to allocating budgetary resources in favour of children “to the maximum extent ... available ... and, where needed, within the framework of international cooperation”. It recommends the State party to prioritize budgetary allocation to ensure the protection of the economic, social and cultural rights of children, especially taking into account articles 2, 3 and 4 of the Convention. In this regard, the Committee also recommends that the State party seek to eliminate the disparities between urban and rural areas and between provinces.

71. The Committee notes that professional groups, children and the public at large are not sufficiently aware of the Convention and its principles. The Committee recommends that greater efforts be made to ensure that the principles and provisions of the Convention are widely known and understood by adults and children alike. In this regard, it is recommended that efforts be made to translate the Convention into all minority languages. The Committee also recommends that systematic training and retraining programmes on the rights of the child, as well as in the areas of international human rights and humanitarian law, be organized for professional groups working with and for children, such as judges, lawyers, law enforcement personnel, military officers and personnel, teachers, school administrators, health personnel, including psychologists, social workers, central or local administration officials and personnel of child-care institutions. Systematic dissemination of the principles and provisions of the Convention to non-governmental organizations, the mass media and the public at large, including children themselves, should be enhanced. The Committee suggests that the State party incorporate the Convention in school and university curricula. In this regard, the Committee also suggests that the State party consider seeking technical assistance from, inter alia, the Office of the High Commissioner for Human Rights, the International Committee of the Red Cross and UNICEF.

72. In the light of the provisions and principles of the Convention, especially the principles of the best interests of the child (art. 3) and the right to life, survival and development (art. 6), the Committee is deeply concerned at the early legal minimum age of voluntary enlistment into the armed forces. It recommends that the State party raise the legal minimum age of voluntary enlistment into the armed forces in the light of international human rights and humanitarian law.

73. The Committee wishes to express its concern that the State party does not appear to have fully taken into account the provisions of the Convention, especially its general principles, as reflected 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, or in its policies and programmes relevant to children. It is the Committee's view that further efforts must be undertaken to ensure that the general principles of the Convention guide policy discussions and decision-making, and are appropriately reflected in any legal revision and in judicial and administrative decisions, as well as in the development and implementation of all projects and programmes which have an impact on children.

74. The Committee is concerned that the welfare policies and practices prevailing in the State party do not adequately reflect the rights-based approach enshrined in the Convention. In this regard, the Committee also notes that the principle of non-discrimination (art. 2) is reflected in the Constitution and in other domestic legislation. However it is concerned that domestic legislation does not explicitly prohibit discrimination on the basis of national or ethnic origin, political or other opinion, and disability. Though Iraqi legislation prohibits discrimination on the basis of sex, the Committee is concerned that in practice there are still disparities between boys and girls, particularly with respect to inheritance rights and the right to education. The Committee encourages the State party to take all appropriate measures, including legislative measures, to ensure nondiscrimination at all levels of society and to encourage equality between boys and girls. In this regard, the Committee further recommends that additional measures be taken to ensure the school enrolment of girls, especially in rural areas, and to reduce their drop-out rate, particularly during the compulsory education period.

75. The Committee expresses concern regarding the participatory rights of children. The Committee urges the State party to encourage children to take an active role in the promotion and implementation of the Convention. The Committee suggests that non-governmental organizations, such as the National Federation of Iraqi Students and Youth, be given a more significant role in promoting the Convention.

76. The Committee is further concerned that in the light of the State party’s legislation regarding citizenship, nationality may only be obtained by a child from his/her Iraqi father, except in cases where the father is unknown or stateless. The Committee recommends that domestic legislation be amended to guarantee that the acquisition of Iraqi nationality is determined in the light of the provisions and principles of the Convention, especially articles 2, 3 and 7.

77. In the light of article 19 of the Convention, the Committee expresses its concern that corporal punishment is not expressly prohibited in domestic legislation. The Committee recommends that the State party take all appropriate measures, including of a legislative nature, with the aim of prohibiting corporal punishment at all levels of society. 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, especially article 28.2.

78. The Committee is concerned at the insufficient awareness of, lack of information on and societal attitude toward ill-treatment and abuse, including sexual abuse, both within and outside the family, the insufficient legal protection measures and appropriate resources, both financial and human, as well as the lack of adequately trained personnel to prevent and combat such abuse. In the light of article 19 of the Convention, the Committee recommends that the State party undertake studies on ill-treatment and abuse, including sexual abuse, and adopt adequate measures and policies, with a view to, inter alia, changing traditional attitudes. It also recommends that cases of abuse and ill-treatment of children, including sexual abuse within the family, be properly investigated, sanctions applied to perpetrators and publicity given to decisions taken in such cases, due regard being given to protecting the right to privacy of the child. Further measures should be taken with a view to ensuring the provision of support services to children in legal proceedings, the physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, ill-treatment, violence or exploitation, in accordance with article 39 of the Convention, and the prevention of criminalization and stigmatization of victims.

79. The Committee notes with grave concern the deteriorating health situation of children, particularly the high and increasing infant and child mortality rates and serious longterm malnutrition, aggravated by poor breastfeeding practices and common childhood diseases. The Committee encourages the State party to develop comprehensive policies and programmes to promote and improve breastfeeding practices, to prevent and combat malnutrition, especially in vulnerable and disadvantaged groups of children, and to consider technical assistance for the integrated management of childhood illnesses and other measures for child health improvement from, inter alia, UNICEF and WHO.

80. The Committee is particularly concerned over the absence of data on adolescent health, including on teenage pregnancy, abortion, suicide, violence and substance abuse. The Committee recommends that the State party promote adolescent health policies and the strengthening of reproductive health education and counselling services. The Committee further suggests that a comprehensive and multidisciplinary study be undertaken on adolescent health problems. The Committee also recommends that further efforts, both financial and human, be undertaken to develop child-friendly, prevention, care and rehabilitation facilities for adolescents.

81. The Committee expresses concern regarding the availability of facilities and services for persons with disabilities, including children. In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96), the Committee recommends that the State party develop early identification programmes to prevent disabilities, implement alternatives to the institutionalization of children with disabilities, envisage awareness-raising campaigns to reduce discrimination against children with disabilities, establish special education programmes for children with disabilities and encourage their inclusion in the regular school system and society. The Committee further recommends that the State party seek technical cooperation for the training of parents and professional staff working with and for children with disabilities. International cooperation from, inter alia, UNICEF and WHO can be sought to this effect.

82. In the light of the recent economic conditions in the State party, the Committee is also concerned at the number of children leaving school prematurely to engage in labour, particularly girls. The Committee recommends that all appropriate measures be taken to provide equal access to education, encourage children, particularly girls, to stay in school and discourage early entry into the labour force.

83. The Committee notes with concern that the economic exploitation of children has increased dramatically in the past few years and that an increasing number of children are leaving school, sometimes at an early age, to work to support themselves and their families. In this regard, the Committee is also concerned about the existing gap between the age at which compulsory education ends (12 years old) and the minimum legal age for access to employment (15 years old). The Committee recommends that research be carried out on the situation with regard to child labour in the State party, including the involvement of children in hazardous work, to identify the causes and the extent of the problem. Legislation protecting children from economic exploitation should also cover the informal labour sector. The Committee further suggests that the State party consider raising the age at which compulsory education ends to coincide with the minimum legal age for employment.

84. The Committee notes with concern the situation of children living and/or working on the streets, particularly as it relates to economic and sexual exploitation. In this regard, the Committee encourages the State party to increase preventive measures and its efforts to ensure the rehabilitation and reintegration of these children.

85. While taking into consideration the efforts made by the State party, the Committee notes with concern the situation with respect to landmines, and the threat they pose to the survival and development of children. The Committee stresses the importance of educating parents, children and the general public about the dangers of landmines and of implementing rehabilitation programmes for victims of landmines. The Committee recommends that the State party review the situation with respect to landmines within a framework of international cooperation, including from United Nations agencies. The Committee further suggests that the State party become a party to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and of Their Destruction (1997).

86. The Committee is concerned at the situation with respect to the administration of juvenile justice and in particular its incompatibility with the Convention, as well as other relevant United Nations standards. The Committee recommends that the State party consider taking additional steps to reform the system of juvenile justice in the spirit of the Convention, in particular articles 37, 40 and 39, and of other United Nations standards in this field, such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. Particular attention should be paid to considering deprivation of liberty only as a measure of last resort and for the shortest possible period of time, to the protection of the rights of children deprived of their liberty, to due process of law and to the full independence and impartiality of the judiciary. Training programmes on relevant international standards should be organized for professionals involved with the system of juvenile justice. The Committee suggests that the State party consider seeking technical assistance from, inter alia, the Office of the United Nations High Commissioner for Human Rights, the Centre for International Crime Prevention, the International Network on Juvenile Justice and UNICEF, through the Coordination Panel on Technical Advice and Assistance in Juvenile Justice.

87. Finally, the Committee recommends that, in the light of article 44, paragraph 6, of the Convention, 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 the report be considered, along with the relevant summary records and the present concluding observations of 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 and the general public, including non-governmental organizations.

88. The Committee considered the second periodic report of Bolivia (CRC/C/65/Add.1) at its 485th and 486th meetings (see CRC/C/SR.485-486), held on 25 September 1998, and adopted

the following concluding observations.

89. The Committee welcomes the timely submission of the State party’s second periodic report and takes note of the written answers to the list of issues (CRC/C/Q/BOL.2). The Committee is encouraged by the frank, self-critical and constructive dialogue the State party's delegation undertook with the Committee. The Committee also acknowledges that the presence of a delegation directly involved in the implementation of the Convention enabled it to assess better the situation of the rights of the child in the State party.

90. The Committee acknowledges the State party's commitment to the promotion and protection of human rights with the establishment of a ViceMinistry for Human Rights within the new structure of the Ministry of Justice and Human Rights. The Committee also welcomes the establishment of the Office of the Human Rights Ombudsperson (Defensor del Pueblo) and the inclusion of children’s rights within its mandate.

91. The Committee expresses its appreciation of the enactment of the Popular Participation Act (1994), which establishes the principle of equal distribution per inhabitant of the joint resources from taxation allocated and transferred to regions, and seeks to correct the historical disparities between urban and rural areas. This initiative reflects the Committee’s recommendation (see CRC/C/15/Add.1, para. 14). The Committee particularly welcomes the establishment, as part of the decentralization programme, of the municipal defence system for children.

92. The Committee notes with appreciation the participation of non-governmental organizations in the elaboration of the State party's second periodic report and in amending the Code of Minors (1992), in line with a recommendation of the Committee (see CRC/C/15/Add.1, para. 18).

93. The Committee notes with appreciation the adoption of the National Mother and Child Insurance Scheme (1996), under which public hospitals and health centres provide free care for all mothers, during pregnancy, childbirth and the post-natal period, and for all children up to five years of age.

94. In the light of the Committee’s recommendation (see CRC/C/15/Add.1, para. 14), the enactment of the Educational Reform Act (1994), which makes the provision of educational services in the State party available to the whole society without any type of discrimination, is welcomed by the Committee.

95. The Committee welcomes the accession (1997) of the State party to International Labour Organization (ILO) Convention No. 138 concerning Minimum Age for Access to Employment.

C. Factors and difficulties impeding further progress in the implementation of the Convention

96. The Committee notes the persistence of large disparities in income distribution and is of the view that this problem, which has contributed to longterm hard-core poverty, is still affecting children's exercise of their rights.

97. The Committee notes that severe economic constraints, due in particular to structural adjustment programmes and external debt, are still having a negative impact on the situation of children.

98. While noting the measures taken by the State party to implement the recommendations of the Committee (see CRC/C/15/Add.1, para. 13) regarding the need to reform the Minors Code (1992), and taking into consideration the information provided on the forthcoming enactment of the Code for Children and Adolescents (Proyecto de Código de los Niños, Niñas y Adolescentes), the Committee remains concerned about some discrepancies between domestic legislation and the provisions of the Convention, as well as about the slow pace of the current process of reform. The Committee recommends that the State party take all available measures to ensure that the current process of reform of its legislation on children’s rights is in full conformity with the principles and provisions of the Convention. The Committee also recommends that the State party take all the necessary steps to accelerate the current process of reform.

99. With regard to the Committee’s recommendation (see CRC/C/15/Add.1, para. 13) concerning the need to develop indicators for monitoring the implementation of policies and programmes for children, the Committee takes note of the State party’s efforts to include some disaggregated data and other indicators in the periodic report and in the written replies. Nevertheless, it remains concerned that disaggregated data and indicators for all areas covered by the Convention were not included. The Committee recommends that the State party continue reviewing and updating its data collection system, with a view to including all the areas covered by the Convention. Such a system should include all children under 18 years of age and specifically emphasize vulnerable groups of children. In this regard, the Committee enco