UNITED

NATIONS


CRC

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Convention on the

Rights of the Child


Distr.

GENERAL

 

CRC/C/87

30 July 1999

 

Original: ENGLISH

 

 





COMMITTEE ON THE RIGHTS OF THE CHILD



Report on the twentyfirst session


(Geneva, 17 May4 June 1999)



CONTENTS


Chapter                                                                                                               Paragraphs Page


   I.          ORGANIZATIONAL AND OTHER MATTERS. . . . . . . . . . . . . . . . . . . .       1  17            4


               A.     States parties to the Convention. . . . . . . . . . . . . . . .      1  2             4


               B.     Opening and duration of the session. . . . . . . . . . . . .      3                   4


               C.     Membership and attendance. . . . . . . . . . . . . . . . . . . . . . .      4  8             4


               D.     Solemn declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .      9                   5


               E.     Election of officers . . . . . . . . . . . . . . . . . . . . . . . . . . .      10                  5 

               F.     Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .      11                  5


               G.     Meeting with the High Commissioner for

                        Human Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .      12  16           6


               H.     Presessional working group. . . . . . . . . . . . . . . . . . . . .      17  19           7


               I.      Organization of work . . . . . . . . . . . . . .                                         20                  7


               J.      Future regular meetings . . . . . . . . . . . .                                        21                  7






GE.9943390 (E)


CONTENTS (continued)


Chapter                                                                                                               Paragraphs Page


  II.          REPORTS BY STATES PARTIES UNDER ARTICLE 44 OF THE

               CONVENTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       22  250          7


               A.     Submission of reports. . . . . . . . . . . . . . . . . . . . . . . . . . .      22  26           7


               B.     Consideration of reports. . . . . . . . . . . . . . . . . . . . . . . .      27  250          8


                        1.      Concluding observations: Barbados . . . . . . . .       31  61           9


                        2.      Concluding observations: St. Kitts

                                 and Nevis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       62  94          17


                        3.      Concluding observations: Honduras . . . . . . . .       95  131         26


                        4.      Concluding observations: Benin. . . . . . . . . . . .      132  166        35


                        5.      Concluding observations: Chad . . . . . . . . . . . .      167  204        45


                        6.      Concluding observations: Nicaragua . . . .                         205  249        54


 III.          OVERVIEW OF THE OTHER ACTIVITIES OF THE COMMITTEE. . .      250  275        66


               A.     Review of developments relevant to the work

                        of the Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     250  254        66


                B.     Methods of work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .      255                67

 

               C.     Cooperation with United Nations and other

                        competent bodies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     256  270        67


               D.     Future thematic debate. . . . . . . . . . . . . . . . . . . . . . . . . .      271                70


               E.     Followup to the day of general discussion on

                         children with disabilities. . . . . . . . . . . . . . . . . . . . . .     272  275        71


  IV.        DRAFT PROVISIONAL AGENDA FOR THE TWENTYSECOND

               SESSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       276                71 

   V.         ADOPTION OF THE REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       277                72 

Annexes


   I.          States which have ratified or acceded to the Convention on the

               Rights of the Child as at 4 June 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . .     73


  II.          Membership of the Committee on the Rights of the Child. . . . . . . . . . .     80


 III.          Status of submission of reports by States parties under

               article 44 of the Convention on the Rights of the Child

               as at 4 June 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     81



CONTENTS (continued)


Annex                       Page


  IV.        Tenth anniversary meeting of the Committee on the Rights of the

               Child: achievements and challenges . . . . . . . . . . . . . . . . . . . . . . . . . . . . .      94


   V.         List of initial and second periodic reports considered by the

               Committee on the Rights of the Child as at 4 June 1999 . . . . . . . . . .      99


  VI.        Provisional list of reports scheduled for consideration at the

               Committee's twentysecond and twentythird sessions . . . . . . . . . . . . .     104


 VII.        List of documents issued for the twentyfirst session of the

               Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     105


I. ORGANIZATIONAL AND OTHER MATTERS


A. States parties to the Convention


1.         As at 4 June 1999, the closing date of the twentyfirst 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.


B. Opening and duration of the session


3.         The Committee on the Rights of the Child held its twentyfirst session at the United Nations Office at Geneva from 17 May to 4 June 1999. The Committee held 26 meetings (532nd557th). An account of the Committee's deliberations at its twentyfirst session is contained in the relevant summary records (CRC/C/SR.532, 534, 538, 541550, 522 and 557).


C. Membership and attendance


4.         All the members of the Committee attended the twentyfirst 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, Ms. Elisabeth TigerstedtTãhtelã 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.         The International Federation of Red Cross and Red Crescent Societies was represented.


8.         Representatives of the following non-governmental organizations were also in attendance at the session:


General consultative status

 

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


Special consultative status

 

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


Others

 

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


D. Solemn declaration


9.         At the 532nd meeting, on 17 May 1999, those members who were elected at the Seventh Meeting of States parties made a solemn declaration in accordance with rule 15 of the provisional rules of procedure. The re-elected members, Mrs. Ouedraogo and Mrs. Karp, made their solemn declarations at the 534th meeting.


E. Election of officers


10.       At the 534th meeting, held on 18 May 1999, the Committee elected the following officers for a term of two years in accordance with rule 16 of the provisional rules of procedure:

 

            Chairperson:                           Mrs. Nafsiah Mboi (Indonesia)

 

            Vice-Chairpersons:                 Mrs. Margaret Queen Esther Mokhuane (South Africa)

                                                            Mrs. Marilia Sardenberg (Brazil)

                                                            Mr. Ghassan Salim Rabah (Lebanon)

 

            Rapporteur:                             Mr. Jacob Egbert Doek (Netherlands)


F. Agenda


11.       At the 532nd meeting, on 17 May 1999, the Committee adopted the following agenda on the basis of the provisional agenda (CRC/C/85):


            1.         Opening


            2.         Solemn declaration by the newly elected members of the Committee


            3.         Election of the officers of the Committee


            4.         Adoption of the agenda


            5.         Submission of reports by States parties


            6.         Consideration of reports by States parties

 

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


            8.         Methods of work of the Committee


            9.         General comments


            10.       Future meetings


            11.       Other matters


G. Meeting with the High Commissioner for Human Rights


12.       At the 552nd meeting, the High Commissioner for Human Rights, Mrs. Mary Robinson, addressed the Committee.


13.       In her statement, the High Commissioner congratulated the newly elected and reelected members. She informed the Committee about the activities of her Office to commemorate, during the entire year, the tenth anniversary of the Convention on the Rights of the Child in 1999. Mrs. Robinson specially referred to the interactive dialogue on child rights held during the fiftyfifth session of the Commission on Human Rights. The High Commissioner also highlighted the fact that the Economic and Social Council will emphasize the importance of child rights during its July 1999 session. She also brought the Committee up to date on the two-day meeting her Office intended to organize during the twentysecond session of the Committee (30 September1 October 1999) (see annex IV).


14.       Mrs. Robinson also informed members of the Committee about the work undertaken by her Office to give priority within the United Nations system to the impact of macroeconomic policies on children’s rights. She stressed the importance she attaches to supporting the establishment of national institutions for the promotion and protection of human rights; in view of the tenth anniversary of the Convention, she has systematically suggested that those institutions focus on and assess their work in the field of child rights.


15.       The High Commissioner also discussed her commitment to strengthening action against trafficking in women and children and in that regard stressed the need for coordination among United Nations agencies and bodies in adopting an integrated approach to this problem. Mrs. Robinson also updated the Committee on recent developments concerning the Plan of Action to strengthen the implementation of the Convention. The second component of the Plan  support to the implementation of child rights at national level  was about to start.


16.       Members of the Committee engaged in a dialogue with the High Commissioner and expressed their will to address efficiently the challenges of the current backlog of reports and the adoption of general comments. Mrs. Robinson expressed her strong support to those objectives and said that she would provide the Committee with all possible assistance.


H. Presessional working group


17.       In accordance with a decision of the Committee at its first session, a presessional working group met in Geneva from 1 to 5 February 1999. All the members except Mr. Francesco Paolo Fulci 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. 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, also attended.


18.       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.


19.       Members of the Committee elected Mr. Ghassan Salim Rabah and Mrs. Margaret Queen Esther Mokhuane to chair the presessional working group. The latter held eight meetings, at which it examined lists of issues put before it by members of the Committee relating to the initial reports of three countries (Armenia, Benin and Vanuatu) and the second periodic reports of two countries (Nicaragua and the Russian Federation). 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 14 April 1999.


I. Organization of work


20.       The Committee considered the organization of work at its 532nd meeting, on 17 May 1999. The Committee had before it the draft programme of work for the twentyfirst session, prepared by the Secretary-General in consultation with the Chairperson of the Committee, and the report of the Committee on its twentieth session (CRC/C/84).


J. Future regular meetings


21.       The Committee noted that its twentysecond session would take place from 2 September to 8 October 1999 and that its presessional working group would meet from 13 to 17 September 1999.


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


A. Submission of reports


22.       The Committee had before it the following documents:


            (a)       Notes by the Secretary-General on initial reports by States parties due in 1992 (CRC/C/3), 1993 (CRC/C/8/Rev.3), 1994 (CRC/C/11/Rev.3), 1995 (CRC/C/28), 1996 (CRC/C/41), 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), 1998 (CRC/C/70) and 1999 (CRC/C/83);


            (b)       Note by the Secretary-General on the States parties to the Convention and the status of submission of reports (CRC/C/86);


            (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.11);


            (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.12).


23.       The Committee was informed that, in addition to the five reports that were scheduled for consideration by the Committee at its current session and those which had been received prior to the Committee's twentieth session (see CRC/C/84, para. 19), the Secretary-General had received the initial reports of Bhutan (CRC/C/3/Add.60) and the United Kingdom of Great Britain and Northern Ireland (Overseas Territories) (CRC/C/41/Add.7) and the second periodic reports of Chile (CRC/C/65/Add.13), Tunisia (CRC/C/83/Add.1), Belgium (CRC/C/83/Add.2), Belarus (CRC/C/65/Add.14) and Spain (CRC/C/70/Add.9). The status of submission of reports by States parties under article 44 of the Convention is given in annex III.


24.       A list of initial reports considered by the Committee as of 17 May 1999, as well as a provisional list of initial and second periodic reports scheduled for consideration at the Committee's twentysecond and twentythird sessions, are contained in annexes IV and V respectively.


25.       As at 4 June 1999, the Committee had received 134 initial and 25 periodic reports. A total of 104 reports have been examined by the Committee (see annex IV).


26.       By letter dated 4 May 1999 addressed to the Committee, the Permanent Mission of the Federal Republic of Yugoslavia transmitted a letter from the President of the Yugoslav Commission for Cooperation with UNICEF concerning the situation of children in the Federal Republic of Yugoslavia. In its reply, dated 3 June 1999, the Committee took note of the information submitted and stated that the consideration of the situation of children in that country would best be addressed within the established reporting process.


B. Consideration of reports


27.       At its twentyfirst session, the Committee examined initial and periodic reports submitted by six States parties under article 44 of the Convention. It devoted 15 of its 26 meetings to the consideration of reports (see CRC/C/SR.534538 and 541550).


28.       The following reports, listed in the order in which they were received by the Secretary-General, were before the Committee at its twentyfirst session: Barbados (CRC/C/3/Add.45), St. Kitts and Nevis (CRC/C/3/Add.51), Honduras (CRC/C/65/Add.2), Benin (CRC/C/3/Add.52), Chad (CRC/C/3/Add.50) and Nicaragua (CRC/C/65/Add.4 and Add.14).


29.       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.


30.       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. 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.


                                      1. Concluding observations of the Committee

                                                on the Rights of the Child: Barbados


31.       The Committee considered the initial report of Barbados (CRC/C/3/Add.45) at its 534th to 536th meetings (see CRC/C/SR.534536), held on 18 and 19 May 1999, and adopted Footnote the following concluding observations.


A. Introduction


32.       The Committee expresses its appreciation for the clear and comprehensive nature of the report, which followed the Committee's guidelines. The Committee also takes note of the written answers to the list of issues (CRC/C/Q/BARBADOS.1) while regretting their late submission, and of the additional information provided to it during 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 constructive and open dialogue with the State's party delegation.


B. Positive aspects


33.       The Committee welcomes the establishment in September 1998 of the National Committee for Monitoring the Rights of the Child, which will monitor the implementation of the Convention. It welcomes the mandate of the National Committee to carry out a thorough review of legislation, with a view to ensuring its conformity with the principles and provisions of the Convention.


34.       The Committee also welcomes the opportunity for increased coordination that arises from the provision in the manifesto of the Government for a new Ministry of Social Transformation.


35.       The Committee welcomes the adoption of policies regarding children with disabilities in the State party.


36.       The Committee takes note of the forthcoming signing of the Penal Reform Act which has increased the age of criminal responsibility from 7 to 11 years.


                                      C. Factors and difficulties impeding the

                                                implementation of the Convention


37.       The Committee notes that recent international economic trends and policy decisions are of concern to all Caribbean States and create pressure on the State party to adopt economic restructuring policies which may have a negative impact on social and economic development. In adopting such restructuring policies, the State party faces the serious challenge of avoiding endangering the implementation of the Convention.


                                      D. Principal subjects of concern and the

                                                Committee's recommendations


1. General measures of implementation


38.       The Committee is concerned that the State party has not yet given adequate attention to the need to review existing legislation thoroughly to examine its conformity with the provisions of the Convention. The Committee notes that inconsistencies remain, especially with regard to the definition of the child, the acceptability of certain forms of physical abuse, and in the area of juvenile justice. The Committee recommends that the National Committee for Monitoring the Rights of the Child proceed with its planned review of existing legislation and encourages the National Committee to consider carefully the principles as well as all provisions of the Convention, and in particular article 3. The Committee recommends that the State party give full support to the National Committee in this task and that it pay careful attention to the implementation of any recommendations for review of legislation that the National Committee may identify.


39.       The Committee takes note of proposed changes in administrative arrangements which should improve coordination and efforts to implement the Convention. The role that the Child Care Board plays in overall coordination of government activities dealing with children is not clear. The Committee encourages the State party to give careful consideration to the need to provide adequate resources to, and define clearly the roles and responsibilities of the new Ministry of Social Transformation and its different units, the Child Care Board, and the National Committee for Monitoring the Rights of the Child, so as to ensure the most effective coordination and monitoring of the implementation of the Convention. The Committee also recommends that the State party ensure that a specific desk for children is set up within the existing ombudsman's office.


40.       The Committee takes note of the difficulties experienced in the State party in ensuring the collection of disaggregated data on all aspects of the implementation of the Convention and notes current plans to standardize and computerize data collection. The Committee recommends that the State party increase its efforts, and if necessary request international technical assistance from, inter alia UNICEF, on the collection and analysis of statistical data on child rights, systematically disaggregated by gender, age, socioeconomic background, geographic location, etc. and with an emphasis on vulnerable groups.


41.       The Committee is concerned about the lack of data regarding the maximum allocation of available resources to implementation of child rights. The Committee notes that the budgetary provisions for social services affecting children and their rights, and in particular for poverty alleviation programmes and the Child Care Board, have increased steadily in recent years. The Committee recommends that the State party give further attention to the need to disaggregate the relevant budgetary data, so as to make it possible to obtain a clearer picture of the allocation of budgetary resources.


42.       The Committee is concerned about the potential impact of economic restructuring measures, referred to in paragraph 7 above, on the implementation of the Convention. The Committee suggests that the State party make every effort, including requesting international technical assistance, to avoid its economic restructuring policies having a real negative effect on the realization of the rights of the child.


43.       The Committee appreciates the detailed information regarding efforts to disseminate the Convention in the form of public awarenessraising campaigns, inclusion in the school curriculum, and collaboration with the media in this respect. However, the Committee is concerned that these efforts appear insufficient to achieve full acceptance of the principles and provisions of the Convention among professional groups and the general public. The Committee recommends that the State party renew its efforts to undertake systematic education and training programmes on the provisions of the Convention for all professional groups working for and with children, such as judges, lawyers, law enforcement officials, civil servants, personnel working in institutions and places of detention for children, teachers, health personnel, including psychologists, and social workers. In particular the Committee recommends that additional projects and programmes be dedicated to bringing about changes in traditional social attitudes that may be in conflict with full respect for the rights of the child, and encourages the State party to seek international assistance from, inter alia, UNICEF.

 

2. Definition of the child


44.       While the Minors Act sets the age of majority at 18 years of age, other legislation appears to set many limits on the levels of protection available for children over 16 years of age. The Protection of Children Act, 1990, offers protection from exploitation in pornography to all children under 18, but the Committee is concerned that the Sexual Offences Act, 1992, offers no special protection to children over the age of 16 and only limited protection to those between 14 and 16 years of age. Children over 16 years of age also appear to receive limited protection in legislation regulating the prevention of cruelty to children. The Committee recommends that existing legislation be reviewed so as to increase the level of protection accorded to all children under 18 years of age.


3. General principles


45.       The Committee welcomes the general commitment of the State party to the prevention of discrimination. It takes note of the problems the State party faces in extending its provision of free education to all children beyond those who are citizens or permanent residents. The Committee recommends that these provisions be reviewed so as to ensure implementation of the principle of nondiscrimination for any child within the jurisdiction of the State party, as set forth in article 2 of the Convention.


46.       The Committee shares the concern in the State party over growing gender bias faced by boys as shown in, among other areas, academic underachievement by boys and difficulties in placing boys for adoption. At the same time the rate of girls who attempt or commit suicide is particularly high. In connection with the problems faced by both boys and girls, the Committee notes with satisfaction the recent decision to set up, within the Ministry of Social Transformation, a “Gender Affairs Bureau”. The Committee recommends that the State party continue and increase its efforts to address discrimination arising from the inappropriate socialization of boys and girls into inappropriate gender roles and the resulting determination of social attitudes concerning children based on gender.


47.       The Family Law Act sets the age of 16 as the point at which courts are obliged to take into account the views of a child. The Committee acknowledges the information it has received regarding the applicability of British common law which has in some cases been used by courts in the State party to consider the wishes of younger children according to the “maturity principle”. Nevertheless, the Committee remains concerned that the implementation of article 12 of the Convention regarding the need to give due weight to the views of the child in accordance with his or her evolving capacity is excessively constrained by subjective interpretation under existing legislation. The Committee recommends that the requested review of existing legislation consider the need for application of this principle, and in any case to children younger than 16, and in particular to make it a requirement for courts and other institutions to seek and give due weight to the views of the child in all matters affecting the child, in accordance with article 12 of the Convention.


4. Civil rights and freedoms


48.       The Committee is generally concerned that inadequate attention has been given to the promotion of civil rights and freedoms of the child, as provided for in articles 13, 14, 15, 16 and 17 of the Convention. Information before the Committee indicates that traditional social attitudes regarding the role of children appear to make it difficult to accept children fully as the subjects of rights. The Committee urges the State party to redouble its efforts to educate and sensitize parliamentarians and government officials, professional groups, parents and children on the importance of accepting fully the concept of child rights, and recommends that legislative measures be envisaged to guarantee the enjoyment of civil rights and freedoms for every child.


49.       The Committee is concerned about legislation and policies that allow the use of flogging of children as a disciplinary measure in prisons and its use as a judicial sentence. In this respect, the Committee welcomes the commitment of the State party to give prompt consideration to the possibility of ratifying the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Committee encourages the State party to conduct a public awarenessraising campaign and to review its legislation and policies in order to eliminate flogging as a judicial sentence and as a disciplinary measure in the prison system.


5. Family environment and alternative care


50.       The Committee shares the concern of the State party over the challenges faced by children as a result of changes in social and family structures which have led to high numbers of singleparent households and reduced support from extended families. The existing social security structures would make it difficult for the State party to ensure that both parents contribute to the maintenance of the child. The Committee notes that public assistance is available to assist children in these circumstances, but it remains concerned about the difficulty involved in ensuring respect for the provisions of article 18, paragraphs 1 and 2, and article 27, paragraph 4, of the Convention. The Committee recommends that continuing attention be given to the risks of early parenthood and single parenthood, to the promotion of higher levels of involvement of fathers in the upbringing and development of the child, and to the need to provide necessary support to children in these cases.


51.       The Committee notes with appreciation recent efforts to improve arrangements for foster care, e.g. the doubling of the foster care allowance. It notes that the regular monitoring focuses more on the quality of placement of children in foster care than on the need to review the placement decision as such, in accordance with article 25 of the Convention. The Committee is concerned that the efforts to provide permanence and stability for children in care may on occasion lead to a premature decision that family reunification is no longer possible. The Committee encourages the State party to continue its efforts to strengthen the foster care system in those instances where efforts to provide support to families prove insufficient. It also recommends that further research be conducted into the functioning of the existing system, taking full account of the provisions of articles 20 and 25 of the Convention.


52.       The Committee is seriously concerned about the high proportion of children who appear to be victims of physical abuse, in most instances accompanied by psychological and emotional abuse. The Committee is highly concerned about the subjective element involved in legislation that permits a “reasonable degree” of physical chastisement as a disciplinary method. The Committee is concerned that the tolerance of corporal punishment in schools will make it extremely difficult to educate parents about alternative forms of discipline, and wishes to point out that there is usually a connection between the social and legal acceptability of corporal punishment and the high level of child abuse which is of serious concern. The Committee encourages the State party to review its policies and legislation in order to eliminate corporal punishment as a method of discipline and to implement fully the provisions of articles 19 and 39 of the Convention; it recommends that the State party increase its efforts to educate the public about the negative impact of corporal punishment on the development of the child and on the effort to prevent child abuse; finally, the Committee encourages the State party to seek international assistance and advice on successful examples of how to overcome traditional social attitudes regarding corporal punishment.


53.       The Committee notes the commitment of the State party to the introduction of mandatory reporting for suspected cases of child abuse. While acknowledging the progress made, the Committee remains concerned that existing legislation is still not sufficient to provide strong protection against child abuse, including sexual abuse. The Sexual Offences Act, 1992 provides very harsh sentences for only one specific form of sexual abuse of children under 14. At the same time, other information seems to indicate that there are considerable difficulties in applying this legislation, in particular when a parent is reluctant to testify or allow the abused child to testify. In addition, the Committee is concerned that the Domestic Violence (Protection Orders) Act, 1992, although showing progress in removing police discretion in the referral to court of cases of domestic violence, still fails to ensure a sufficient level of protection for children in cases of domestic violence. The Committee is convinced that the need to ensure full protection from all forms of abuse in accordance with article 19 of the Convention requires legislative measures guaranteeing that child maltreatment will not be tolerated. The Committee recommends that the State party reassess the impact of current measures and policies. It urges the State party to develop and implement systematically projects and programmes to address the need for: prevention of child abuse; protection from abuse, including procedures to protect children from possible further victimization by the legal system; and provision of rehabilitation services in accordance with article 39 of the Convention; and to this effect, to carry out awarenessraising campaigns and a careful review of existing legislation.


6. Basic health and welfare


54.       The Committee notes the commitment of the State party to increase available services to children with disabilities, and welcomes the efforts to identify all cases of children with disabilities. Nevertheless, the Committee remains concerned that the focus is on the provision of separate services rather than inclusion. The Committee recommends that the State party implement its policies, together with a plan of action in regard to children with disabilities.


55.       The Committee welcomes the State party's efforts to reduce the rates of adolescent pregnancy. It welcomes the efforts to raise awareness about reproductive health and rights through initiatives such as the Family Life Development Programme. Despite these efforts, the Committee remains concerned about the high levels of adolescent pregnancy and abortion, about the rising incidence of HIV and AIDS and about the effect this has on children infected or affected (in particular those orphaned) by the epidemic. The Committee recommends that the State party give careful attention to the recommendations formulated by the Committee during its day of general discussion on “The rights of children living in a world with HIV/AIDS” (CRC/C/80, para. 243). It recommends that the State party increase its efforts to provide appropriate adolescent health services, consider the possibility of actively involving adolescents in the formulation of policies and treatment programmes in accordance with their evolving capacity, and make it possible for adolescents to have access to medical advice and treatment without parental consent in accordance with their age and maturity.


56.       In spite of efforts to increase attention to early childhood education, the Committee remains concerned that the number of child care centres is not enough to serve all children concerned. The Committee takes note of recent efforts to provide child care within existing schools with the assistance of trained volunteer parents and of the difficulties encountered in persuading private employers to provide child care at the workplace. While noting the success in transforming Queen Elizabeth Hospital into a babyfriendly institution, the Committee is also concerned about the lack of data on breastfeeding practices. The Committee encourages the State party to continue its efforts to provide sufficient numbers of child care services and to consider the possibility of setting up child care facilities at the workplace for public employees, thus facilitating breastfeeding practices.


7. Education, leisure and cultural activities


57.       The Committee welcomes the commitment of the State party to education and the availability of free and compulsory education until the age of 16 to children who are citizens or permanent residents. It notes the effort to improve the quality of education through the proposals in the White Paper on Educational Reform. The Committee remains concerned about practical implementation of the educational reforms and of the policy to provide textbooks to all schoolchildren, and it is also concerned about the determination of the child's academic ability at the early age of 11. In addition, the Committee is concerned about the growing incidence of educational underachievement among boys. The Committee suggests that some of the reforms in the training of teachers focusing on teacher attitudes could be used also to increase attention to child rights. The Committee recommends that the State party increase its efforts in educational reform, including through careful study of the impact of secondary school entrance exams at the age of 11 and through evaluation of the impact of recent reform initiatives, if necessary by seeking international assistance from UNICEF, with a view to increasing the quality and relevance of education in accordance with articles 28 and 29 of the Convention.


8. Special protection measures


58.       Although a serious child labour problem does not seem to exist, the Committee remains concerned that the existing legislation is unclear about the exact types and amount of work that are acceptable at different ages, including in connection with children assisting their families with agricultural or domestic tasks. The Committee recommends that the State party take advantage of current preparations to ratify ILO Convention No. 138 on Minimum Age for Admission to Employment to review and clarify its own legislation concerning work at different ages in order to maximize the protection of children against economic exploitation in accordance with article 32 of the Convention.


59.       The Committee has a number of concerns regarding the administration of juvenile justice. In particular:


            (a)       The concern that special provisions for juvenile delinquents do not apply to children over 16 years of age, who are dealt with by adult criminal courts and are grouped with prisoners up to the age of 23. The Committee recommends that the State party consider raising the existing age limit from 16 to 18;


            (b)       The concern about the lack of flexibility in sentencing children under the Reformatory and Industrial Schools Act (with its minimum sentence of three years and its maximum sentence of five years and the lengthy procedure for review of detention, which appears to have resulted in an informal practice of developing an alternative sentence of one year's detention. The Committee recommends that the State party consider the introduction of a more flexible sentencing system and a simple but efficient and effective review of court decisions that involve holding a child in detention;


            (c)       The concern that section 14 of the Reformatory and Industrial Schools Act makes it possible for children to be referred to the juvenile court for offences such as “talking back” or “wandering without proper guardianship”. This means that acts which are not a crime if carried out by adults may, for minors, result in a criminal sentence, e.g. placement in an Industrial School. The Committee is concerned about such criminalization of behaviour problems of children. These kinds of problems should be dealt with through psychosocial services, treatment, etc. with the necessary family support. The Committee recommends that the State party change its legislation in this regard to prevent, as far as possible, the criminalization of children's behavioural problems;


            (d)       The concern about information suggesting that the right of a child accused of infringing the law to legal assistance can be, and often is waived by a parent or guardian. More careful implementation of the provisions of article 37 (d) and article 40, 2 (b) (ii) of the Convention to legal or other appropriate assistance is necessary. The Committee recommends that the State party consider reviewing its legislation to ensure that decisions regarding legal assistance for children in conflict with the law are taken impartially and with regard solely for the best interests of the child, and that the right of the child to such assistance should not be waived by others;


            (e)       While welcoming the raising of the age of criminal responsibility, the Committee remains concerned that it has been raised only to 11 years. The Committee encourages the State party to consider the need to raise the age of criminal responsibility further.


60.       The Committee is furthermore concerned about the conditions experienced by children deprived of their liberty, both in Industrial Schools and in separate facilities at the adult prison, and in particular about the lack of sufficient provision for education and rehabilitation services. It recommends that the State party conduct indepth research and gather information as to the situation and outcome for children held in the Industrial Schools and in prison, and urges the State party to ensure the full compatibility of the juvenile justice system with the Convention, especially articles 37, 40 and 39, as well as other relevant international standards in this area, such as the Beijing Rules, the Riyadh Guidelines and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty.


61.       In the light of article 44, paragraph 6, of the Convention, the Committee appreciates the commitment of the State party to publicize the results of the dialogue. The Committee recommends that such efforts include making widely available to the public the initial report and written replies submitted by the State party, along with the summary records of the relevant meetings and concluding observations adopted by the Committee. Such wide distribution should generate debate and awareness of the Convention and the state of its implementation, particularly within the Government, the relevant ministries, the Parliament and nongovernmental organizations.


                        2.       Concluding observations of the Committee on the

                                  Rights of the Child: St. Kitts and Nevis


62.       The Committee considered the initial report of St. Kitts and Nevis (CRC/C/3/Add.51) at its 537th to 538th meetings (see CRC/C/SR.537538), held on 20 May 1999, and adopted Footnote the following concluding observations:


A. Introduction


63.       The Committee welcomes the submission of the State party's initial report, but regrets that the written replies to its list of issues (CRC/C/Q/SKN/1) were not submitted in advance of the dialogue. While the report follows the general guidelines, the Committee regrets that its brevity, particularly in the area of “special protection measures”, limits the full understanding of the situation of children within the State party. The Committee is encouraged by the constructive, open and frank dialogue it had with the State party and welcomes the positive reactions to the suggestions and recommendations made during the discussion. The Committee acknowledges that the presence of a highranking delegation directly involved in the implementation of the Convention complemented the information provided on the situation of the rights of children in the State party.


B. Positive aspects


64.       The Committee notes the recent efforts undertaken by the State party in the field of law reform. In this regard, it takes note of the enactment of the Probation and Child Welfare Board Act (1994) which provides for the establishment of a Board to monitor the rights of all children; ensure the care, protection and maintenance of children within the family environment; and make provisions with respect to the fostering and adoption of children.


65.       The Committee appreciates the State party's initiatives within the school environment. In this regard, it welcomes the establishment of a school nutrition programme for children enrolled at the primary school level; the provision of school uniforms for children whose parents are not able to afford them; the efforts to ensure 100 per cent placement at the secondary level; and the recently established policy that allows for the readmission of teenage mothers into the regular school system.


66.       The Committee notes the efforts of the State in the area of primary health care services. In particular it notes the State party's achievement of 100 per cent immunization as well as relatively low malnutrition and infant and maternal mortality rates. The Committee also notes the introduction of programmes for free medical and dental care for all children of school age (up to 16 years).


67.       The Committee welcomes the State party's 1996 initiative in becoming a member State of the International Labour Organization (ILO).


                      C.   Factors and difficulties impeding the implementation 

                              of the Convention


68.       The Committee acknowledges that the vulnerability of the State party to natural disasters, most recently Hurricanes Luis and Marilyn in 1995 and George in 1998, has affected the situation of children and impeded the full implementation of the Convention. The Committee further notes that the limited availability of skilled human resources, compounded by the high rate of emigration, also adversely affects the full implementation of the Convention.


D. Subjects of concern and the Committee's recommendations


1. General measures of implementation


69.       The Committee notes the recent efforts by the State party to undertake a review of existing legislation regarding children and the family. It is concerned, however, that domestic legislation still does not fully reflect the principles and provisions of the Convention. The Committee recommends that the State party seek to ensure that its domestic legislation fully conforms with the principles and provisions of the Convention. The Committee also encourages the State party to consider the possibility of enacting a comprehensive children's rights code. In this regard, the Committee further recommends that the State party seek technical assistance from, inter alia, UNICEF and the Office of the High Commissioner for Human Rights.


70.       The Committee notes that the State party has acceded to only two of the international human rights instruments, the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women. The Committee encourages the State party to consider the possibility of acceding to the other major international human rights instruments as these would help to strengthen the efforts of the State party to meet its obligations in guaranteeing the rights of all children under its jurisdiction.


71.       The Committee notes that a 12member Probation and Child Welfare Board has been appointed with representatives from the public and private sectors of both islands of the State party and mandated with the implementation of the Convention. The Committee is concerned, however, that the Board is not yet fully operational. The Committee is also concerned that the State party has not yet elaborated a National Plan of Action for Children. The Committee also expresses concern that adequate efforts have not been made to establish an effective child rights monitoring system independent of the Probation and Child Welfare Board and the Ministry to which it is responsible. The Committee recommends that further steps be taken by the State party to strengthen its coordinating efforts and ensure that the Probation and Child Welfare Board is fully operational. The Committee encourages the State party to consider the implementation of a National Plan of Action for Children that includes a rightsbased, rather than an exclusively welfarefocused approach. The Committee also recommends that the State party seek to use a comprehensive approach to the implementation of the Convention by, inter alia, ensuring the introduction of adequate monitoring mechanisms to guarantee the promotion and protection of children's rights.


72.       The Committee is concerned at the lack of a data collection mechanism within the State party for the systematic and comprehensive collection of disaggregated quantitative and qualitative data for all 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 State party seek to establish a central registry for data collection and introduce a comprehensive system of data collection incorporating all the areas covered by the Convention. Such a system should cover all children up to the age of 18 years, with specific emphasis on those who are particularly vulnerable, including children with disabilities, children living in poverty, children in the juvenile justice system, children of singleparent families, children born out of wedlock, sexually abused children and institutionalized children. It is suggested that the State party seek technical assistance from, inter alia, UNICEF.


73.       The Committee notes with concern the lack of involvement of NGOs in the elaboration of the State party's report and the generally limited participation of civil society in the promotion and implementation of the Convention. The Committee recommends that the State party take the necessary measures to encourage and facilitate the participation of civil society as well as the wider population in the promotion and implementation of the Convention.


74.       The Committee also 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 suggests that an independent childfriendly mechanism be made accessible to children to deal with complaints of violations of their rights and to provide remedies for such violations. The Committee further suggests that the State party introduce an awarenessraising campaign to facilitate the effective use by children of such a mechanism.


75.       The Committee notes the impact of the recent natural disasters which have had adverse effects on social investment within the State party. The Committee remains concerned that in light of article 4 of the Convention, not enough attention has been paid to allocating budgetary resources in favour of children “to the maximum extent of (...) available resources”. In light of articles 2, 3 and 6 of the Convention, the Committee encourages the State party to pay particular attention to the full implementation of article 4 of the Convention by prioritizing budgetary allocations to ensure implementation of the economic, social and cultural rights of children, to the maximum extent of available resources and, where needed, within the framework of international cooperation.


76.       While recognizing the efforts of the State party to promote awareness of the principles and provisions of the Convention through programmes such as “Child Month”, the Committee remains concerned that professional groups, children, parents and the public at large are generally not sufficiently aware of the Convention and the rightsbased approach enshrined therein. The Committee recommends that greater effort be made to ensure that the provisions of the Convention are widely known and understood by adults and children alike. The Committee further recommends the reinforcement of adequate and systematic training and/or sensitization of professional groups working with and for children, such as judges, lawyers, law enforcement personnel, teachers, school administrators, health personnel, including psychologists, social workers, officials of the administration of both islands and personnel of childcare institutions. The Committee encourages the State party to also seek measures to raise the awareness of the media and the public at large of the rights of the child. It further suggests that the State party seek to ensure that the Convention is fully integrated into the curricula at all levels of the educational system. In this regard, the Committee suggests that the State party seek technical assistance from, inter alia, the Office of the High Commissioner for Human Rights, UNICEF and UNESCO.


2. Definition of the child


77.       The Committee expresses concern regarding the low legal age for criminal responsibility (8 years). The Committee expresses further concern that the Prevention of Cruelty and Protection of Juveniles Clause of the Juvenile Act does not provide special protection for children between the ages of 16 to 18 years, and by the absence in legislation of a legal age defining the attainment of majority. The Committee recommends that the State party review its legislation, especially with respect to criminal responsibility, in order to bring it into full conformity with the provisions and principles of the Convention.


3. General principles


78.       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, as well as in its policies and programmes relevant to children. It is the Committee's view that further efforts must be undertaken to ensure that the principles of the Convention, in particular the general principles, not only guide policy discussion and decisionmaking, but are also appropriately integrated in all legal revisions as well as in judicial and administrative decisions and in projects, programmes and services which have an impact on children.


79.       While the Committee notes the efforts made by the Early Childhood Development Unit of the Ministry of Education and the Department for Community Development to encourage the participatory rights of children in all communities, it is concerned that traditional practices, culture and attitudes still limit the full implementation of article 12 of the Convention. The Committee recommends that the State party seek to develop a systematic approach to increasing public awareness of the participatory rights of children and encourage respect for the views of the child within the family, communities, schools, and the care and judicial systems.


4. Civil rights and freedoms


80.       The Committee is concerned about the potentially harmful effects of programmes available through cable television which is the preferred viewing option of the population. The Committee recommends that the State party take measures, including parental education, to protect children from exposure to harmful information, including violence and pornography.


81.       The Committee remains gravely concerned that corporal punishment is still widely practised within the State party and that domestic legislation does not prohibit its use. In this regard, the Committee recommends that the State party take all appropriate measures, including of a legislative nature, to prohibit corporal punishment within school, the family, the juvenile justice and alternative care systems and generally within the society. It further 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.


5. Family environment and alternative care


82.       The Committee notes the large number of singleparent families and the impact on children. The Committee also expresses concern at the apparent lack of legal protection with respect to the rights, including maintenance and inheritance rights, of children born out of wedlock from “visiting” or common law relationships. The Committee expresses further concern regarding the financial and psychological impact of “visiting relationships” on children. The lack of sufficient support and counselling, in the areas of parental guidance and responsibilities are also matters of concern. The State party is encouraged to increase its efforts in developing family education and awareness through, inter alia, providing support, including training for parents, especially those in “visiting” and common law relationships, in parental guidance and joint parental responsibilities, in light of article 18 of the Convention. The Committee also recommends that the State party undertake a study on the impact (both financial and psychological) of “visiting relationships” on children. The Committee further recommends that the State party take all necessary measures, including those of a legal nature, to ensure that the rights of children born of “visiting” and common law relationships are protected. It is suggested that the State party seek technical assistance from, inter alia, UNICEF and WHO.


83.       While noting the recent efforts of the State party to ensure that emigrating parents make arrangements for the maintenance of their children, the Committee remains concerned at the absence of bilateral agreements for reciprocal enforcement of maintenance orders. The Committee recommends that efforts be made to put in place the necessary measures to ensure the recovery of maintenance for children from parents who emigrate.


84.       While the Committee notes a decline in the overall number of children deprived of a family environment, it is concerned that boys continue to be particularly vulnerable to placement in alternative and foster care. The Committee also expresses concern regarding the absence of an independent complaint mechanism for children in alternative care institutions as well as the lack of available trained personnel in this field. It is recommended that the State party undertake a study to assess the situation of boys within the family environment and their susceptibility to placement in alternative and/or foster care. The Committee also recommends additional training, including in children's rights, for social and welfare workers as well as the establishment of an independent complaints mechanism for children in alternative care institutions.


85.       The Committee is concerned at the absence of legislation, policies and institutions to regulate intercountry adoption. The lack of monitoring with respect to domestic and intercountry adoptions is also a matter of concern. In light of article 21 of the Convention, the Committee recommends that the State party introduce proper monitoring procedures with respect to both domestic and intercountry adoptions. In this regard, the Committee further encourages the State party to consider the possibility of acceding to the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption of 1993.


86.       The lack of awareness and information on domestic violence, illtreatment and abuse of children, including sexual abuse, and the lack of appropriate financial and human resources remain matters of grave concern. The Committee is also concerned at the lack of a standardized approach to the reporting and management of child abuse, neglect and abandonment as well as the delineation of roles between the police, the Community Affairs Department and health and education agencies. The Committee notes with concern the increasing number of children institutionalized as a result of abuse and neglect. In light of article 19, the Committee recommends that the State party undertake studies on domestic violence, illtreatment and sexual abuse in order to adopt adequate policy measures and contribute to changing traditional attitudes. It also recommends that cases of domestic violence, illtreatment and sexual abuse of children be properly investigated within a childfriendly judicial procedure and sanctions applied to perpetrators, with due regard given to protecting the right to privacy of the child. Measures should also be taken to ensure the physical and psychological recovery and social reintegration of victims in accordance with article 39 of the Convention, and the prevention of criminalization and stigmatization of victims. The Committee recommends that the State party seek technical assistance from, inter alia, UNICEF.


6. Basic health and welfare


87.       The Committee expresses its concern with respect to the limited availability of programmes and services and the lack of adequate data in the area of adolescent health, including on accidents, violence, abortion, HIV/AIDS and STDs. The Committee is particularly concerned at the high incidence of teenage pregnancy and the situation of teenage mothers, especially in relation to their low attendance at antenatal clinics as well as their generally poor breastfeeding practices. The Committee is concerned that most of the current cases of infant mortality are related to teenage mothers. The Committee recommends that the State party increase its efforts in promoting adolescent health policies and counselling services as well as strengthening reproductive health education, including the promotion of male acceptance of the use of contraceptives. The Committee further suggests that a comprehensive and multidisciplinary study be undertaken to understand the scope of adolescent health problems, including the special situation of children infected with, affected by or vulnerable to HIV/AIDS and STDs. Additionally, it is recommended that the State party undertake further measures, including the allocation of adequate human and financial resources, to develop youthfriendly care, counselling, and rehabilitation facilities for adolescents. The Committee also encourages the State party to develop comprehensive policies and programmes to reduce the incidence of infant mortality and promote proper breastfeeding and weaning practices among teenage mothers. In this connection, it is also recommended that the State party consider technical assistance for the Integrated Management of Childhood Illnesses and other measures for child health improvement from, inter alia, UNICEF and WHO.


88.       The Committee expresses its concern at the absence of legal protection and the lack of adequate facilities and services for children with disabilities. The Committee is also concerned that insufficient efforts have been made by the State party to facilitate the inclusion of children with disabilities into the educational system and generally within society. In light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee's recommendations adopted at its day of general discussion on “The rights of children with disabilities” (CRC/C/69), it is recommended that the State party develop early identification programmes to prevent disabilities, increase its efforts to implement alternatives to the institutionalization of children with disabilities, establish special education programmes for children with disabilities and further encourage their inclusion in society. The Committee further recommends that the State party seek technical cooperation for the training of professional staff working with and for children with disabilities from, inter alia, UNICEF and WHO.


7. Education, leisure and cultural activities


89.       While recognizing the efforts made by the State party in the area of education, the Committee remains concerned at the high dropout rate for males in the upper grades of primary school, the poor reading ability or primary school males, the high incidence of truancy, lack of relevant learning material, insufficient numbers of trained and qualified teachers, and the tendency towards teaching methods that are almost exclusively exam oriented. The Committee is also concerned that the policy which allows teenage mothers to reenter the educational system has not been equally implemented in both islands of the State party. The Committee recommends that the State party review its educational programme with a view to improving its quality and relevance ane ensuring that students receive an adequate mix of academics and life skills, including communication, decisionmaking and conflictresolution skills. The Committee further recommends that the State party seek to implement additional measures to encourage children, especially boys, to stay in school, particularly during the period of compulsory education. In this regard, the Committee urges the State party to take all necessary measures to ensure the full implementation of its policy regarding the readmission of teenage mothers into the school system in all regions of its territory. The Committee encourages the State party to accelerate its implementation of the Caribbean Community Multiagency Health and Family Life Education Project which facilitates the retraining of teachers as well as the development of appropriate curricula and public education campaigns. It is also recommended that the State party seek to strengthen its educational system through closer cooperation with UNICEF and UNESCO.


8. Special protection measures


90.       In view of the high dropout rate for males in the upper grades of primary school, the Committee is concerned about the lack of information and adequate data on the situation on child labour and economic exploitation within the State party. The Committee encourages the State party to introduce monitoring mechanisms to ensure the enforcement of labour laws and protect children from economic exploitation, particularly within the informal sectors. It is further recommended that the State party undertake a comprehensive study to assess the situation of child labour. The Committee also suggests that the State party consider ratifying ILO Convention No. 138 concerning Minimum Age for Admission to Employment.


91.       The Committee notes the efforts of the State party at both the national and regional levels regarding drug demand reduction and narcotics control. However, the Committee remains concerned at the high incidence of drug and substance abuse among youth, the apparent lack of adequate legal provisions and the limited social and medical programmes and services available in this regard. In light of article 33 of the Convention, the Committee recommends that the State party take all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances and to prevent the use of children in the illicit production and trafficking of such substances. It encourages the State party to support rehabilitation programmes dealing with child victims of drug and substance abuse. In this regard, the Committee encourages the State party to consider seeking technical assistance from inter alia, UNICEF, WHO and the United Nations Division for Crime Prevention.


92.       While the Committee notes that the State party has in place domestic legislation relating to juvenile justice, it is still concerned about:


            (a)      The general situation of the administration of juvenile justice and in particular its compatibility with the Convention, as well as other relevant United Nations standards;


            (b)      The length of time taken before the hearing of juvenile cases and the apparent lack of confidentiality accorded such cases;


            (c)      The holding of minors in adult detention facilities, the lack of adequate facilities for children in conflict with the law, and the limited number of trained personnel to work with children in this regard.


            The Committee recommends that the State party:


            (a)      Take additional steps to reform the system of juvenile justice in the spirit of the Convention, in particular articles 37, 40 and 39, and of the 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;


            (b)      Consider deprivation of liberty only as a measure of last resort and for the shortest possible period of time; protect the rights of children deprived of their liberty, including the right to privacy; and ensure that children remain in contact with their families while in the juvenile justice system;


            (c)      Introduce training programmes on relevant international standards for all those professionals involved with the system of juvenile justice;


            (d)      Consider seeking technical assistance from, inter alia, the Office of the 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 in Juvenile Justice.


93.       While the Committee notes the establishment of a national committee to regulate the use of corporal punishment within the juvenile justice system, it remains gravely concerned that the Corporal Punishment Act (1967) continues to allow the corporal punishment of a male juvenile convicted of an offence and to empower the magistrate's court to order a juvenile convicted of an offence to be “whipped”. The Committee recommends that the State party take all necessary measures to prohibit the use of corporal punishment within the juvenile justice system, including the repeal of the Corporal Punishment Act (1967).


94.       Finally, the Committee recommends that, in 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 concluding observations adopted 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 and the general public, including NGOs.


3. Concluding observations of the Committee

                                    on the Rights of the Child: Honduras


95.       The Committee considered the second periodic report of Honduras (CRC/C/65/Add.2) at its 541st and 542nd meetings (see CRC/C/SR.541542), held on 25 May 1999, and adopted Footnote the following concluding observations.


A. Introduction


96.       The Committee welcomes the timely submission of the State party's second periodic report. In particular, the Committee notes with satisfaction the willingness of the State party to use this report as a call for action, a

guide and a situation analysis, to formulate, evaluate and monitor the most important advances in the field of children's rights in the State party. The Committee also takes note of the written replies to its list of issues (CRC/C/Q/HON.2) while regretting their late submission. The Committee is encouraged by the constructive, open and frank dialogue it had with the State party's delegation and welcomes the positive reactions to the suggestions and recommendations made during the discussion. The Committee acknowledges that the presence of a delegation directly involved in the implementation of the Convention allowed for a fuller assessment of the situation of the rights of children in the State party.


B. Followup measures underatken and progress

                                   achieved by the State party


97.       The Commitee welcomes the constitutional reform (1995), which has endorsed the mandate of the Office of the National Commissioner for Human Rights for the promotion and protection of children's rights.


98.       The Committee also welcomes the constitutional reform (1995) which abolished the State party's mandatory military service and prohibited service in the military of persons younger than 18.


99.       In light of its recommendations (see CRC/C/15/Add.24, paras. 20 and 21), the Committee welcomes the enactment of the Children and Adolescents Code (1996) and the participation of nongovernmental organizations in the drafting of the Code.


100.     The Committee notes with appreciation the establishment of the network of municipal children's defenders (Defensores Municipales de la Niñez), which aims at strengthening the municiaplities' involvement in the aplication and monitoring of the rights of the child.


101.     In light of its previous recommendation (see CRC/C/15/Add.24, para. 24), the Committee welcomes the enactment of the Law against Domestic Violence and the reforms to the Penal Code as well as the establishment of the Institute for Women as measures to prevent and combat gender discriminaton. In the same vein the Committee welcomes the creation of an office for the defence of children and persons with disabilities, within the AttorneyGeneral's office (Ministerio Público), as well as the creation of the National Council for the Attention of Children with Disabilities (CONAMED).


102.     The establishment of poverty allevation programmes such as the ones carried out by the Honduran Social Investment Fund (FHIS), Family Assistance Programme (PRAF) and the Social Housing Fund, which are in line with the Committee's recommendations (see CRC/C/15/Add.24, para. 29), are noted with appreciation.


103.     In light of the Committee's recommendation (CRC/C/15/Add.24, para. 30), the Committee welcomes the measures taken by the State party to include the teaching of human rights, including children's rights, in the school curricula.


104.     The Committee welcomes the signing of a memorandum of understanding (1997), between the State party and the Internaitonal Labour Organization/Internatonal Programme for the Eradication of Child Labour (ILO/IPEC), for implementing a programme for the eradication of child labour as well as for the establishment of a National Commission for the Eradication of Child Labour in line with the Committee's recommendation (see CRC/C/15/Add.24, para. 35).


C. Factors and difficulties inpeding further progress

                           in the implementation of the Convention


105.     The Committee notes with deep concern the devastating effects of hurricane Mitch (1998), which had a negative impact on the most vulnerable sectors of the population, including children, especially owing to the damage caused in the agriculture sectors and to infrastructure. Hurricane Mitch not only left many dead or missing, including children, and destroyed homes and educational and health care facilities and services, but also constituted a setback in the efforts of the State party to gradually make children's rights a reality. The Committee expresses its solidarity with the State party in its reconstruction efforts.


106.     The Committee notes that widespread poverty and longstanding socioeconomic disparities within the State party are still affecting the most vulnerable groups, including children, and hamper the enjoyment of the rights of the child in the State party. This situation, the Committee also notes, has been particularly aggravated by severe economic constraints, due in particular to the implementation of structural adjustment programmes and external debt.


                                     D. Principal subjects of concern and the

                                      Committee's recommendations


1. General measures of implementation


107.     Although the Committee welcomes the enactment of the Children and Adolescents Code, it remains concerned about some discrepancies between domestic legislation and the provisions of the Convention, especially those which still regard children as objects and not as subjects of rights (the irregular situation approach). The Committee recommends that the State party take all available measures to ensure that the Children and Adolescents Code and other domestic legislation (e.g. Penal Code, Labour Code, Family Code and draft Adoption Law) are in full conformity with the principles and provisions of the Convention.


108.     While noting the measures taken by the State party to implement the Committee's recommendation (see CRC/C/15/Add.24 and para. 21) concerning the need to establish adequate coordination between various governmental entities dealing with children's issues, both at the national and the local levels, and taking note of the transformation of the Social Welfare Board (JNBS) into the Honduran Institute of Children and the Family (IHNFA), the Committee is still concerned about the insufficiency of these measures. In particular, the Committee is concerned that IHNFA does not have sufficient financial and human resources to carry out its mandate in an effective manner throughout the territory of the State party. The Committee recommends that the State party take further measures to reinforce the existing coordinating mechanisms (e.g. the National Commissioner for Human Rights, IHNFA, etc.), including at the municipal level, in order to strengthen coordination between the various governmental bodies involved in children's rights. Furthermore, the Committee recommends that the State party take all necessary steps, including international cooperation, to provide IHNFA with adequate financial and human resources in order that it may carry out its mandate in an effective manner. Greater efforts should be made to ensure closer cooperation with nongovernmental organizations working in the field of children's rights.


109.     With regard to the implementation of the Committee's recommendation (CRC/C/15/Add.24, para. 21) concerning the need to develop a data collection system on children's rights, and taking into consideration the measures taken in cooperation with the InterAmerican Children's Institute and the information provided by the State party regarding the conduct of a population census in the year 2000, the Committee remains concerned about the lack of disaggregated data on all the areas covered by the Convention. The Committee recommends that the State party continue reviewing and updating its data collection system, with a view to including all areas covered by the Convention. In addition, the Committee encourages the State party to use the information provided by its next population census as a basis for the development of disaggregated data on children's rights. Such a system should include all children under 18 years of age and specifically emphasize vulnerable groups of children 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. In this regard, the Committee encourages the State party to seek technical assistance from, inter alia, UNICEF.


110.     The Committee takes note of the measures taken by the State party to implement the Committee's recommendation (see CRC/C/15/Add.24, para. 23) regarding the need to make the principles and provisions of the Convention widely known and understood by the population at large. Nevertheless, it remains concerned at the insufficiency of these measures, especially among indigenous and ethnic groups as well as in rural areas. The Committee recommends that the State party strengthen its efforts to disseminate the principles and provisions of the Convention as a measure to sensitize society about children's rights. Special emphasis should be placed on the dissemination of the Convention among indigenous and ethnic groups as well as in rural and remote areas. In this regard, the Committee further recommends the incorporation of local structures such as the municipal children's defenders and nongovernmental organizations in the development of a national awareness campaign on the Convention. Furthermore, the Committee recommends publicizing the Convention in innovative ways, taking into consideration the specific needs of indigenous and ethnic groups. The Committee encourages the State party to consider seeking technical assistance in this area from, inter alia, UNICEF.


111.     With regard to the implementation of the Committee's recommendation (see CRC/C/15/Add.24, para. 23), the Committee appreciates the detailed information on the conduct of training programmes for professionals working with and for children. Nevertheless, the Committee is of the opinion that such measures need to be reinforced. Therefore, the Committee recommends that the State party renew its efforts to undertake systematic education and training programmes on the provisions of the Convention for all professional groups working for and with children, such as judges, lawyers, lawenforcement officials, civil servants, personnel working in institutions and places of detention for children, teachers, health personnel, including psychologists, and social workers. Furthermore, special attention should be given to the provision of training for professionals working with and for children on how the principles and provisions of the Convention are reflected in and implemented by domestic legislation (e.g. Children and Adolescents Code). Technical assistance from, inter alia, the Office of the High Commissioner for Human Rights and UNICEF could be requested in this regard.


112.     While the Committee is aware of the efforts undertaken by the State party to allocate substantial financial resources for the benefit of children, it reiterates its concern (see CRC/C/15/Add.24, para. 8) that stringent budgetary measures and external debt, as well as the persistence of widespread poverty and uneven income distribution, are still having a negative impact on the situation of children in the State party. In addition, the Committee expresses its concern at the lack of a child rights dimension in the context of the Master Plan for National Reconstruction (after hurricane Mitch). In light of articles 2, 3 and 4 of the Convention, the Committee encourages the State party to continue undertaking all appropriate measures to the maximum extent of available resources, including international cooperation, to continue ensuring that sufficient budgetary allocations are provided to social services for children and that particular attention is paid to the protection of children belonging to vulnerable and marginalized groups. Furthermore, the Committee recommends that the State party take children's rights into consideration in designing its social policies and programmes, especially in the context of its efforts in seeking international cooperation for reconstruction after hurricane Mitch.


2. Definition of the child


113.     With regard to the implementation of article 1 and other related provisions of the Convention, the Committee takes note of the existing legal studies to reform domestic legislation and harmonize the different legal ages according to the principles and provisions of the Convention. Nevertheless, the Committee is concerned about the use of the biological criterion of puberty to set different ages of maturity between boys and girls. This practice is contrary to the principles and provisions of the Convention and, inter alia, constitutes a form of genderbased discrimination which affects the enjoyment of all rights. The Committee recommends to the State party to introduce the adequate reforms to its domestic legislation in order to bring it into full conformity with the principles and provisions of the Convention.


3. General principles


114.     While the Committee acknowledges the State party's efforts to implement the Committee's recommendation (see CRC/C/15/Add.24, para. 24) for the protection of the rights of the most vulnerable groups of children, it is of the opinion that these measures need to be reinforced. In addition, the Committee is particularly concerned about the prevalence of cultural attitudes and traditions which are patriarchal and discriminatory against the girl child. The Committee reiterates its recommendation to the State party and further recommends that it increase measures to reduce economic and social disparities, including between urban and rural areas, to prevent discrimination against the most disadvantaged groups of children, such as the girl child, children with disabilities, children belonging to indigenous and ethnic groups, children living in and/or working on the streets and children living in rural areas. Furthermore, the Committee recommends that the State party strengthen its efforts in order to revise prevailing cultural attitudes and traditional practices which constitute a form of genderbased discrimination, contrary to the principle of nondiscrimination enshrined in article 2 of the Convention. The Committee also recommends that the State party undertake educational campaigns to raise awareness of the need to prevent and combat discrimination on the grounds of gender and ethnic origin. Furthermore, the Committee suggests that the State party consider acceding to the International Convention on the Elimination of All Forms of Racial Discrimination.


115.     With regard to its recommendation (see CRC/C/15/Add.24, para. 20), the Committee notes that the current domestic legislation has partially integrated the principles of “best interests of the child” (art. 3) and “respect for the views of the child” (art. 12). Nevertheless, it remains concerned that in practice, these principles are not fully implemented and children are not yet perceived as persons entitled to rights. The Committee recommends that further efforts be made to ensure the implementation of the principles of “best interests of the child” and “respect for the views of the child”, especially his or her right to participate in the family, at school, within other institutions and in society in general. These principles should also be reflected in all policies and programmes relating to children. Awarenessraising among the public at large, including communities and religious leaders, as well as educational programmes on the implementation of these principles should be reinforced in order to change traditional perceptions regarding children as objects and not as subjects of rights.


4. Civil rights and freedoms


116.     While the Committee takes note of the State party's efforts to improve birth registration, especially those by the Office of the National Registry of Persons and the National Commissioner for Human Rights, it remains concerned about the fact that in some Departments only 20 per cent of all births are registered. In light of article 7 of the Convention, the Committee reiterates its recommendation (see CRC/C/15/Add.24, para. 25) and further recommends that the State party increase measures to ensure the immediate registration of the birth of all children, especially those living in rural and remote areas. In addition, the Committee encourages the State party to ensure that birth registration procedures are widely known and understood by the population at large.


117.     Although the Committee notes with appreciation the enactment of the Education Reform Law, which encourages and increases the participation of children in schools, it is still concerned that participatory rights of children have not been sufficiently developed in the State party. In addition, concern is also expressed at the existing legal prohibition of students' organizations in secondary schools, which is contrary to the child's rights to freedom of association and peaceful assembly. In light of articles 15 and 16 and other related articles of the Convention, the Committee recommends that further measures, including legislative reform, be undertaken to promote the participation of children in the family, school and social life, as well as the effective enjoyment of their fundamental freedoms, including the freedoms of opinion, expression and association.


118.     With regard to the implementation of the Committee's recommendation (see CRC/C/15/Add.24, para. 33), the Committee notes the measures taken by the State party to investigate cases of police brutality against children living in and/or working on the streets, as well as the payment of compensation to the victims of such abuse. Nevertheless, the Committee is of the opinion that judicial measures need to be reinforced. The Committee recommends that the State party reinforce its judicial mechanisms to deal with complaints of police brutality, illtreatment and abuse of children and that cases of abuse of children be duly investigated in order to avoid impunity for perpetrators.


5. Family environment and alternative care


119.     While noting that the Children and Adolescent Code and other domestic legislation regulate the process of adoptions, the Committee regrets that the State party has not fully complied with the implementation of its recommendation (see CRC/C/15/Add.24, para. 26). The Committee reiterates its suggestion to the State party to consider its accession to the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption of 1993.


120.     While the Committee takes note of the State party's efforts to implement the Committee's recommendation (see CRC/C/15/Add.24, para. 33) regarding the need to take all available measures to prevent and combat cases of abuse and illtreatment of children, it is of the opinion that these measures need to be reinforced. Concern is also expressed 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 light of, inter alia, articles 19 and 39 of the Convention, the Committee recommends that the State party take all appropriate measures, including setting up multidisciplinary programmes and 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, inter alia, 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 reinforced in order to provide children with prompt access to justice to avoid impunity for the offenders. 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.


6. Basic health and welfare


121.     In light of its recommendation (see CRC/C/15/Add.24, para. 28), the Committee welcomes the measures taken to improve the health standards of children, in particular those initiatives related to the reduction of infant mortality such as the Integrated Management of Childhood Illnesses, implemented in cooperation with WHO and UNICEF. Nevertheless, the Committee remains concerned about the persistent high rates of malnutrition in children under 5 years of age and in schoolage children and limits access to healthcare services in rural and remote areas. The Committee recommends that the State party continue taking all appropriate measures, including through international cooperation, to ensure access to basic health care and services for all children. More concerted efforts need to be taken to combat malnutrition and ensure the adoption and implementation of a national nutritional policy and action plan for children.


122.     With regard to adolescent health issues, the Committee welcomes the State party's initiatives and programmes to prevent and combat the spread of HIV/AIDS, and takes note of the intention to enact legislation for the protection of the rights of persons infected by HIV/AIDS. Nevertheless, the Committee is particularly concerned at the high and increasing rate of teenage pregnancy and the insufficient access by teenagers to reproductive health education and counselling services, including outside schools. The Committee is also concerned at the increasing rate of substance abuse among adolescents. The Committee recommends to the State party to continue, with the support of international cooperation, with its efforts in the prevention of HIV/AIDS and to take into consideration the Committee's recommendations adopted on its day of general discussion on “Children living in a world with HIV/AIDS” (CRC/C/80). It also suggests that a comprehensive and multidisciplinary study be undertaken to understand the scope of adolescent health problems and as a basis to promote adolescent health policies and strengthen reproductive health education and counselling services. The Committee also recommends that further efforts be undertaken for the development of 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.


123.     With regard to the situation of children with disabilities, the Committee expresses its concern at the lack of adequate infrastructure, qualified staff and specialized institutions for these children. In addition, the Committee is particularly concerned at the lack of a governmental policy and programmes for children with disabilities and at the lack of governmental monitoring of private institutions for these children. In light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and of the Committee's recommendations adopted on its day of general discussion on “Children with disabilities” (CRC/C/69), the Committee recommends that the State party develop early identification programmes to prevent disabilities, implement alternative measures to the institutionalization of children with disabilities, envisage awarenessraising campaigns to reduce discrimination against them, establish special education programmes and centres as needed and encourage their inclusion in the educational system and in society, and establish adequate monitoring of private institutions for children with disabilities. The Committee further recommends to the State party to seek technical cooperation for the training of professional staff working with and for children with disabilities. Furthermore, the Committee encourages the State party to continue working in partnership with specialized nongovernmental organizations in this field.


7. Education, leisure and cultural activities


124.     In light of its recommendation (see CRC/C/15/Add.24, paras. 3031) on the educational system, the Committee takes note of the followup measures undertaken by the State party in this field and notes with appreciation the plans for the establishment of the Honduran Programme of Community Education (PROHECO), which aims at improving children's access to education. Nevertheless, the Committee remains concerned about the low enrolment rates, especially in rural and remote areas, high dropout rates from primary and secondary schools, and the lack of attention to the special needs of working children and children with disabilities. The Committee recommends that the State party continue with its efforts in the field of education by strengthening its educational policies and system in order to reduce regional disparities in access to education and to establish retention programmes and vocational training for dropouts. The Committee encourages the State party to consider technical assistance in this area, inter alia, from UNESCO.


8. Special protection measures


125.     The Committee regrets the lack of followup to the Committee's recommendation (CRC/C/15/Add.24, para. 34) regarding the need to introduce legislation for the protection of the rights of refugees. The Committee reiterates its recommendation to the State party to undertake the necessary measures to introduce legislation for the protection of the rights of refugee children, in line with the relevant international standards.


126.     The Committee remains concerned about the living conditions of children belonging to indigenous (e.g. Lencas, Chortis, Miskitos, etc.) and ethnic groups (e.g. Garifunas), especially with regard to the full enjoyment of all the rights enshrined in the Convention. In light of articles 2 and 30 of the Convention, the Committee recommends to the State party to take all necessary measures to protect children belonging to indigenous and ethnic groups against discrimination and to guarantee their enjoyment of all the rights recognized in the Convention.


127.     While welcoming the measures taken for the eradication of child labour, in line with the Committee's recommendation (see CRC/C/15/Add.24, para. 35), the Committee is still concerned that economic exploitation remains one of the major problems affecting children in the State party. The Committee remains concerned at the insufficient law enforcement and the lack of adequate monitoring mechanisms to address this situation. In light of, inter alia, articles 3 and 32 of the Convention, the Committee recommends that the State party continue working in cooperation with ILO/IPEC for the establishment and implementation of a national plan for the elimination of child labour and undertake all the actions envisaged within the memorandum of understanding with ILO/IPEC. The situation of children involved in hazardous labour, especially in the informal sector where the majority of working children are found, deserves special attention. Furthermore, the Committee recommends that child labour laws should be enforced, the labour inspectorates strengthened and penalties imposed in cases of violation. The Committee encourages the State party to continue enforcing labour legislation prohibiting the work of children in the maquila industry.


128.     The Committee also expresses its concern about the situation of children, who, because of serious situations of extreme poverty as well as of situations of abandonment or violence within the family, are forced to live in and/or work on the streets and are therefore vulnerable to different forms of exploitation and abuse, including sale, trafficking and abduction. The rising number of youth gangs (known in Honduras as maras) is also an area of concern. In this regard, while the Committee takes note of the State party's plans to implement a specific strategy to address the issue of street children, it recommends to the State party to continue working in cooperation with nongovernmental organizations in this area and to adopt appropriate programmes and policies for the protection and rehabilitation of these children and the prevention of this phenomenon. Special attention in the form of preventive and rehabilitation measures should be given to the rising number of youth gangs.


129.     While the Committee takes note of the reforms to the Penal Code and of the training given to the municipal children's defenders to prevent and combat sexual abuse and exploitation of children, it expresses concern at the absence of data and of a comprehensive study on the issue of sexual commercial exploitation of children as well as the lack of a national plan of action to tackle this issue. In light of article 34 and other related articles of the Convention, the Committee recommends that the State party undertake 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 to the State party to take into account the recommendations formulated in the Agenda for Action adopted at the World Congress Against Commercial Sexual Exploitation of Children held in Stockholm in 1996.


130.     With regard to the administration of juvenile justice, the Committee welcomes the State party's followup measures to the Committee's recommendations (CRC/C/15/Add.24, para. 32), inter alia the increase in the number of juvenile courts; the fact that children are not detained in the same prisons as adults and that special centres for children have been created; and the establishment of alternative measures to the deprivation of liberty. Nevertheless, the Committee remains concerned, inter alia, that deprivation of liberty is not used systematically as a measure of last resort; that due process is not fully respected; and that there is lack of adequate training for the police on the application of the Convention and other relevant international standards. The Committee 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 in this field. Particular attention should be paid to ensuring the improvement of the conditions of children living in special institutions, that violence is not used by law enforcement officials, that deprivation of liberty is only used as a measure of last resort, that due process needs to be respected in all cases, and that alternative measures to deprivation of liberty need to be strengthened. 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.


131.     Finally, in light of article 44, paragraph 6, of the Convention, the Committee recommends that the second periodic report and written replies submitted 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 concluding observations adopted by the Committee. Such a document should be widely distributed in order to generate debate and awareness of the Convention, its implementation and monitoring within the Government, the Parliament and the general public, including concerned nongovernmental organizations.


4. Concluding observations of the Committee on the

                  Rights of the Child: Benin


132.     The Committee considered the initial report of Benin (CRC/C/33/Add.52) at its 543rd to 545th meetings (see CRC/C/SR.543545), held on 26 and 27 May 1999, and adopted Footnote the following concluding observations:


A. Introduction


133.     The Committee welcomes the submission of the State party's initial report which followed the established guidelines and included substantive statistical information on the situation of children. The Committee also takes note of the written replies to its list of issues (CRC/C/Q/BEN/1). The Committee is encouraged by the constructive, open and frank dialogue it had with the State party and welcomes the positive reactions to the suggestions and recommendations made during the discussion. The Committee acknowledges that the presence of a highranking delegation directly involved in the implementation of the Convention allowed for a fuller assessment of the situation of the rights of children in the State party.


B. Positive aspects


134.     The Committee notes the efforts undertaken by the State party to ensure that the principles and provisions of the Convention are widely known. In particular, it notes the State party's recent initiative to translate the Convention into seven local languages and to work in cooperation with the local media to encourage the broadcasting of programmes on child rights and the Convention, in local languages, throughout various regions of the country. The Committee welcomes the State party's use of childfriendly materials, such as the children's magazine entitled “The Adventures of Sika”, in the promotion of the Convention and its principles.


135.     The Committee appreciates the State party's initiatives within the school environment. In this regard, it welcomes the implementation of the new education policy which aims to promote and facilitate increased school attendance of girls; enhance the quality of basic education by improving the level of teacher training and providing a more positive learning environment; and increase the overall access to basic education. The Committee notes the introduction of popularization programmes in the State party's six subprefectures to promote and encourage respect for children's rights as part of both the formal and informal educational system in the context of the Education and Community Project support by UNICEF.


136.     The Committee notes the efforts by the State party in the area of child labour and economic exploitation and in particular the 1994 study which led to the implementation of a programme of action aimed at preventing children from entering the labour market; improving the conditions of work of children as a first step towards the elimination of child labour; abolishing child labour in hazardous activities; and raising awareness of children, parents, employers and the public at large of the dangers of early work for children. In this regard, the Committee welcomes the State party's 1996 cooperation agreement with the International Labour Office (ILO) for the implementation of the International Programme for the Elimination of Child Labour (IPEC).


                   C. Factors and difficulties impeding the

                       implementation of the Convention


137.     The Committee acknowledges that the economic and social difficulties facing the State party have had a negative impact on the situation of children and have impeded the full implementation of the Convention. In particular, it notes the impact of the structural adjustment programme and the increasing level of unemployment and poverty. The Committee further notes that the limited availability of skilled human resources also adversely affects the full implementation of the Convention.


D. Subjects of concern and the Committee's recommendations


1. General measures of implementation


138.     The Committee notes the recent efforts of the State party to draft a Personal and Family Code that takes into account the situation of children. In this regard, the Committee further notes the State party's proposal to undertake a review of all legislation relating to children's rights with a view to drawing up a comprehensive children's code along the lines of the draft Personal and Family Code. The Committee remains concerned, however, that domestic legislation, and in particular the Dahomey Code of Customary Law, still does not fully reflect the principles and provisions of the Convention. The Committee encourages the State party to take all necessary measures to ensure the early enactment of the draft Personal and Family Code. The Committee recommends that the State party implement its proposal to undertake a review of its domestic legislation to ensure full conformity with the principles and provisions of the Convention and facilitate the enactment of a comprehensive children's code. In this regard, the Committee further recommends that the State party seek technical assistance from, inter alia, the Office of the High Commissioner for Human Rights and UNICEF.


139.     The Committee notes the establishment of the Benin Committee for Human Rights which is open to receiving and handling complaints from children, but regrets that insufficient efforts have been made to facilitate the participation of children, traditionally discouraged from making complaints. The Committee further notes the establishment of the National Monitoring Committee on the Implementation of International Human Rights Instruments (1996), but regrets that its broad mandate does not adequately allow for the specific monitoring of children's rights. The Committee is concerned that the State party has not yet established a national institution to deal with the coordination and implementation of the Convention and that these activities continue to be dispersed between several different agencies with minimal human and financial resources. The Committee urges the State party to ensure that existing monitoring mechanisms incorporate a childrights focus. Additionally, the Committee recommends that the State party empower an existing national institution or establish a new one to coordinate and implement the Convention, including at the community level.


140.     The Committee is concerned that the current data collection mechanism is insufficient to afford the systematic and comprehensive collection of disaggregated quantitative and qualitative data for all 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 cover all children up to the age of 18 years, with specific emphasis on those who are particularly vulnerable, including children with disabilities, girls, in particular girls who have run away from their guardians, known as “Vidomegons”, children living in remote rural areas, children living in poverty, children living and/or working on the street, refugee and asylumseeking children, children in the juvenile justice system, children of singleparent families, children born out of wedlock, children born of incestuous relations, sexually abused children and institutionalized children. Technical cooperation in this area from, inter alia, UNICEF is encouraged.


141.     While noting the State party's recent introduction of a special telephone hotline for children to deal with complaints of violations of their rights and to provide remedies for such violations, the Committee is concerned that efforts have not been made to include social workers and NGOs in the project and to ensure adequate training for all officers currently assigned to field calls. The Committee recommends that efforts be made to introduce an awarenessraising campaign to facilitate the effective use of the hotline and to ensure accessibility to all children throughout the State party. The Committee further recommends that the State party take the necessary measures to provide adequate training for all personnel assigned to work with the hotline services.


142.     The Committee notes the impact of economic policies and the structural adjustment programme which has had adverse effects on social investment. The Committee remains concerned that in light of article 4 of the Convention, not enough attention has been paid in allocating budgetary resources in favour of children “to the maximum extent of (...) available resources”. In light of articles 2, 3 and 6 of the Convention, the Committee encourages the State party to pay particular attention to the full implementation of article 4 of the Convention by prioritizing budgetary allocations to ensure implementation of the economic, social and cultural rights of children, to the maximum extent of available resources and, where needed, within the framework of international cooperation.


143.     While recognizing the efforts of the State party to promote awareness of the principles and provisions of the Convention, the Committee remains concerned that professional groups, children, parents, and the public at large, are generally not sufficiently aware of the Convention and the rightsbased approach enshrined therein. The Committee recommends that greater effort be made to ensure that the provisions of the Convention are widely known and understood by adults and children alike, residing in both rural and urban areas. In this regard, it encourages the State party to continue its efforts to make the Convention available in all local languages. The Committee further recommends the reinforcement of adequate and systematic training and/or sensitization of professional groups working with and for children, such as judges, lawyers, law enforcement personnel, teachers, school administrators, health personnel, including psychologists, social workers, officials of central or local administration and personnel of childcare institutions. The Committee encourages the State party to also seek measures to raise the awareness of the media and the public at large of the rights of the child. It further suggests that the State party seek to ensure that the Convention is fully integrated into the curricula at all levels of the educational system. In this regard, the Committee suggests that the State party seek technical assistance from, inter alia, the Office of the High Commissioner for Human Rights, UNICEF and the United Nations Educational, Scientific and Cultural Organization.


2. Definition of the child


144.     The Committee expresses concern at the low minimum legal age for marriage of girls  15 years under the Civil Code and 14 years under the Dahomey Code of Customary Law. The Committee is particularly concerned about the disparity between the minimum legal ages for the marriage of boys (1820 years) and that of girls. The Committee regrets that the new draft Personal and Family Code still does not adequately address these concerns in conformity with the Convention. The Committee recommends that the State party review its legislation, especially that relating to the legal ages for marriage and criminal responsibility, in order to bring it into conformity with the provisions of the Convention.


3. General principles


145.     While the Committee takes note of the draft Personal and Family Code, it remains concerned 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, as well as 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 not only guide policy discussion and decisionmaking, but are also appropriately integrated in all legal revisions as well as in judicial and administrative decisions and in projects, programmes and services which have an impact on children.


146.     While the Committee notes that the principle of nondiscrimination (art. 2) is reflected in the Constitution as well as in other domestic legislation, it is still concerned that measures adopted to ensure that all children are guaranteed access to education and health services and are protected against all forms of exploitation are insufficient. Of particular concern are certain vulnerable groups of children, including children with disabilities, particularly mental disabilities, girls, particularly “Vidomegons”, children living in remote rural areas, children living in extreme poverty, children living and/or working on the street, refugee and asylumseeking children, children in the juvenile justice system, children born out of wedlock, children of incestuous relations, and institutionalized children. The Committee recommends to the State party to increase its efforts to ensure implementation of the principle of nondiscrimination and full compliance with article 2 of the Convention, particularly as it relates to the vulnerable groups.


147.     While the Committee notes the efforts of the State party, it remains concerned that infanticide continues to be practised, particularly in rural communities and on infants with disabilities. The Committee recommends that the State party seek to fully implement article 6 of the Convention and take measures, including those of a legal nature, to prevent and discourage infanticide and protect infants and guarantee their right to life, survival and development. In this regard, the Committee further recommends the introduction of education and awarenessraising programmes to change societal attitudes.


148.     The Committee is concerned that traditional practices and attitudes still limit the full implementation of article 12 of the Convention. The Committee recommends that the State party seek to develop a systematic approach to increasing public awareness of the participatory rights of children and encourage respect for the views of the child within schools, families, and the care and judicial systems.


4. Civil rights and freedoms


149.     The Committee notes the enactment of domestic legislation to guarantee registration at birth and the proposed establishment of new legal provisions for the implementation of civil registries, particularly in remote rural communities. However, it remains concerned that many children are still not registered. The lack of awareness about registration procedures and the lack of adequate procedures and mechanisms in this regard are also matters of concern for the Committee. In light of articles 7 and 8 of the Convention, the Committee recommends that all necessary measures be taken to ensure that birth registration is made accessible to all parents within the State party. The Committee also recommends that efforts be made to raise awareness among government officers, community leaders and parents to ensure that all children are registered at birth.


150.     While the Committee is aware that corporal punishment is prohibited by law in schools, it remains concerned that traditional societal attitudes continue to encourage the use of such punishment within the family, schools, the care and juvenile justice systems and generally within society. The Committee recommends that the State party reinforce measures to raise awareness of the negative effects of corporal punishment and ensure that discipline in families, schools and all institutions is administered in a manner consistent with the child's dignity and in conformity with the Convention.


5. Family environment and alternative care


151.     The Committee is concerned about the lack of policies and programmes to provide guidance and assistance to parents in fulfilling their parental responsibilities. The Committee recommends that the State party seek to establish policies and programmes to provide guidance and assistance to parents and to enhance their parental skills.


152.     With respect to the situation of children deprived of a family environment, the Committee expresses its concern at the insufficient number of alternative care facilities and the lack of support for existing ones. Concern is also expressed about the quality of living conditions in alternative care institutions; the inadequate monitoring of placements; and the limited number of qualified personnel in this field. The increasing incidence of abandonment is also a matter of concern for the Committee. The Committee recommends that the State party develop additional programmes to facilitate alternative care, including foster care, provide additional training for social and welfare workers and establish independent complaint and monitoring mechanisms for alternative care institutions. It is also recommended that the State party increase its efforts in providing support, including training for parents, to discourage the abandonment of children.


153.     The Committee notes that the State party has enacted legislation to regulate domestic adoptions. While it is noted that the State party has discontinued intercountry adoptions, the Committee remains concerned at the absence of legislation, policies and institutions to regulate intercountry adoptions. The lack of monitoring with respect to both domestic and intercountry adoptions and the widespread practice of informal adoptions are also matters of concern. In light of article 21 of the Convention, the Committee recommends that the State party introduce proper monitoring procedures with respect to both domestic and intercountry adoptions, in order to prevent the abuse of the practice of informal adoption and guarantee the protection of the rights of children in this regard. Additionally, it is recommended that the State party take all necessary measures, including legal and administrative ones, to regulate intercountry adoptions. The Committee further encourages the State party to consider the possibility of acceding to the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption of 1993.


154.     The lack of appropriate measures and mechanisms to prevent and combat illtreatment, neglect and abuse of children, including sexual abuse; the lack of appropriate resources (both financial and human); the lack of adequately trained personnel to prevent and combat abuse; as well as the lack of awareness and information, including statistical data on these phenomena, are also matters of concern. In light of article 19, the Committee recommends that the State party undertake studies on domestic violence, illtreatment and abuse, including sexual abuse, in order to understand the scope and nature of these practices, and that it adopt adequate measures and policies to contribute to changing attitudes. It also recommends that cases of domestic violence and illtreatment and abuse of children, including sexual abuse within the family, be properly investigated within a childfriendly judicial procedure and that sanctions applied to perpetrators, with due regard given to protecting the right to privacy of the child. Measures should also be taken to ensure 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. The Committee recommends that the State party seek technical assistance from, inter alia, UNICEF.


6. Basic health and welfare


155.     While noting the State party's recent initiative to increase its budgetary allocation for the expansion of its vaccination programme, the Committee remains concerned that the overall allocation to health has systematically decreased within recent years. The Committee notes with concern the health situation of children within the State party and in particular the limited access to basic health care for children, high maternal, child and infant mortality rates, relatively short period of breastfeeding, poor weaning practices, high rate of malnutrition, poor sanitation and limited access to safe drinking water, especially in rural communities. The Committee recommends that the State party allocate appropriate resources and develop comprehensive policies and programmes to improve the health situation of children; facilitate greater access to primary health services; reduce the incidence of maternal, child and infant mortality; improve breastfeeding practices; prevent and combat malnutrition, especially in vulnerable and disadvantaged groups of children, and increase access to safe drinking water and sanitation. Additionally, the Committee encourages the State party to consider technical assistance for the Integrated Management of Childhood Illnesses and other measures for child health improvement from, inter alia, UNICEF and the World Health Organization.


156.     The Committee expresses its concern regarding the limited availability of programmes and services and the lack of adequate data in the area of adolescent health, including accidents, suicide, violence and abortion. The Committee is particularly concerned with the high and increasing incidence of teenage pregnancy and HIV/AIDS and sexually transmitted diseases (STDs). The Committee notes with concern that the 1920 law continues to prohibit the use of contraceptives, including for health purposes, and to impede the full implementation of family planning programmes, including the safe motherhood initiative. The Committee recommends that the State party increase its efforts in promoting adolescent health policies, particularly with respect to accidents, suicide and violence, and in strengthening reproductive health education and counselling services. In this regard, the Committee also recommends the inclusion of men in all training programmes on reproductive health. The Committee further suggests that a comprehensive and multidisciplinary study be undertaken to understand the scope of adolescent health problems, including the negative impact of early pregnancy as well as the special situation of children infected with, affected by or vulnerable to HIV/AIDS and STDs. Additionally, it is recommended that the State party undertake further measures, including the allocation of adequate human and financial resources, to develop youthfriendly counselling, care and rehabilitation facilities for adolescents that would be assessable, without parental consent, where in the best interests of the child. The Committee recommends that the State party repeal the 1920 law concerning family planning and the use of contraceptives.


157.     The Committee notes with concern the limited efforts of the State party to introduce adequate measures to eradicate the practice of female genital mutilation (FGM) and other harmful traditional practices affecting the health of girls, including early and forced marriages. The Committee recommends that the State party strengthen its efforts to combat and eradicate the persistent practice of FGM and other traditional practices harmful to the health of girls. In this regard, the Committee further urges the State party to carry out sensitization programmes for practitioners and the general public to change traditional attitudes and discourage harmful practices.


158.     The Committee expresses its concern at the absence of legal protection and the lack of adequate programmes, facilities and services for children with disabilities, particularly mental disabilities. In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee's recommendations adopted at its day of general discussion on “The rights of children with disabilities” (CRC/C/69), it is recommended that the State party develop early identification programmes to prevent disabilities, increase its efforts to implement alternatives to the institutionalization of children with disabilities, establish special education programmes for children with disabilities and further encourage their inclusion in society. The Committee further recommends that the State party seek technical cooperation for the training of professional staff working with and for children with disabilities. International cooperation from, inter alia, UNICEF and WHO can be sought to this effect.


7. Education, leisure and cultural activities


159.     The Committee notes the recent initiatives of the State party to improve the situation of education and in particular to increase school attendance of girls by eliminating the payment of fees for them. However, the Committee remains concerned that girls are still denied access to education and that some school administrators continue to resist the new educational policy, asserting that the nonpayment of school fees for girls impacts negatively on school budgets. In this connection, the Committee is also concerned that some children, including those living in poverty and in remote rural communities, still do not have access to education. With respect to the general situation of education, the Committee notes with concern the extent of overcrowding; high dropout, illiteracy and repetition rates; lack of basic training materials; poorly maintained infrastructure and equipment; shortages of textbooks and other materials; and the limited number of trained teachers. The State party is encouraged to continue its efforts to promote the school attendance of girls and to introduce measures to limit the impact of its policy concerning the nonpayment of fees for girls on school budgets. The Committee recommends that all appropriate measures be taken to improve the quality of education and to provide access for all children within the State party. In this connection, it is recommended that the State party seek to strengthen its educational system through closer cooperation with UNICEF and UNESCO. The State party is further urged to implement additional measures to encourage children to stay in school, at least during the period of compulsory education.


8. Special protection measures


160.     While recognizing the State party's openness to hosting refugees from neighbouring States, the Committee remains concerned at the lack of adequate legal provisions, policies and programmes to guarantee and protect the rights of refugee, asylumseeking and unaccompanied children. The Committee recommends that the State party develop a legislative framework for the protection of refugee, asylumseeking and unaccompanied children and implement policies and programmes to guarantee their adequate access to health, education and social services.


161.     While the Committee notes the initiatives by the State party in the area of child labour and economic exploitation and in particular the recent study and followup activities undertaken in this regard, it remains concerned at the situation of “Vidomegons”, children employed in the agricultural sector, and children engaged as apprentices in the informal sector. The Committee encourages the State party to improve its monitoring mechanisms to ensure the enforcement of labour laws and protect children from economic exploitation, especially those engaged as domestic workers, agricultural labourers and apprentices. The Committee also suggests that the State party consider ratifying ILO Convention No. 138 concerning Minimum Age for Admission to Employment.

162.     The Committee is particularly concerned at the high and increasing incidence of drug and substance abuse among the youth; the lack of legal provisions in relation to narcotic drugs and psychotropic substances; and the limited psychosocial and medical programmes and services available in this regard. In light of article 33 of the Convention, the Committee recommends that the State party take all appropriate measures, including legislative, administrative, psychosocial and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances and to prevent the use of children in the illicit production and trafficking of such substances. In this context, it is further recommended that programmes be introduced within the school environment to educate children about the harmful effects of narcotic drugs and psychotropic substances. The Committee also encourages the State party to support rehabilitation programmes dealing with child victims of drug and substance abuse. In this regard, the Committee encourages the State party to consider seeking technical assistance from, inter alia, UNICEF, WHO and the United Nations International Narcotics Control Board.


163.     The absence of adequate information, including disaggregated statistical data, on the situation of sexual exploitation of children is a matter of concern for the Committee. In the light of article 34 and other related articles of the Convention, the Committee recommends that the State party undertake studies with a view to designing and implementating appropriate policies and measures, including care and rehabilitation, to prevent and combat the sexual exploitation of children. It also recommends that the State party reinforce its legislative framework to fully protect children from all forms and sexual abuse or exploitation, including within the family. It is also recommended that the State party consider the ratification of the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others of 1949.


164.     While the Committee notes the efforts of the State party, it remains concerned at the increasing incidence of sale and trafficking of children, particularly girls, and the lack of adequate legal and other measures to prevent and combat this phenomenon. In the light of article 35 and other related articles of the Convention, the Committee recommends that the State party review its legal framework and strengthen law enforcement, and intensify its efforts to raise awareness in communities, in particular in rural areas. Cooperation with neighbouring countries through bilateral agreements to prevent crossborder trafficking is strongly encouraged.


165.     While the Committee notes that a juvenile justice system has been established within the State party and that reforms are envisaged in this regard, it remains concerned about:


            (a)      The general situation of the administration of juvenile justice and in particular its compatibility with the Convention and other recognized international standards;


            (b)      The absence of juvenile courts in some regions;


            (c)      The situation of overcrowding in detention facilities; the holding of minors in adult detention facilities;


            (d)      The lack of reliable statistical data on the number of children in the juvenile justice system;


            (e)      The inadequacy of regulations to ensure that children remain in contact with their families while in the juvenile justice system;


            (f)      The insufficiency of facilities and programmes for the physical and psychological recovery and social reintegration of juveniles.


            The Committee recommends that the State party:


            (a)      Take 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;


            (b)      Consider deprivation of liberty only as a measure of last resort and for the shortest possible period of time, protect the rights of children deprived of their liberty, and ensure that children remain in contact with their families while in the juvenile justice system;


            (c)      Introduce training programmes on relevant international standards for all professionals involved with the system of juvenile justice;


            (d)      Pursue its proposal to request technical assistance in the area of juvenile justice and police training from, inter alia, the Office of the 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 in Juvenile Justice.


166.     Finally, the Committee recommends that, in 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 concluding observations adopted 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 and the general public, including NGOs.


5. Concluding Observations of the Committee on the

                                  Rights of the Child: Chad


167.     The Committee considered the initial report of Chad (CRC/C/3/Add.50)

at its 546th to 548th meetings (see CRC/C/SR.546548), held on 24

and 25 May 1999 and adopted Footnote the following concluding observations.


A. Introduction


168.     The Committee expresses its appreciation for the submission of the report, while noting that the report did not always follow strictly the guidelines established by the Committee. The Committee also takes note of the written answers to the list of issues (CRC/C/Q/CHAD.1), while regretting their late submission, and of the additional information provided to it during 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 constructive and cooperative dialogue with the State party's delegation, as well as its frankness and selfcritical approach.


B. Positive aspects


169.     The Committee welcomes the improvement in the human rights situation that has resulted from the end of civil conflict and the achievement of a political settlement. It welcomes in particular the measures undertaken by the State party to improve the implementation of the Convention since the initial report was prepared in 1996. It notes current efforts to draft legislation that will improve the protection of children from all forms of abuse and appreciates the attempts made by the State party to involve customary and religious leaders in the implementation of the rights of the child. The Committee also welcomes the fact that Chad has recently moved to ratify the African Charter on the Rights and Welfare of the Child.


170.     The Committee welcomes the establishment in 1998 of a Parliament for Children that may contribute to the State party's efforts to address widespread resistance to the consideration of the views of the child, due to traditional customs and attitudes.


171.     The Committee welcomes the preparation by the Ministry of Social Action and the Family of a National Programme for Persons with Disabilities, the decision to exempt children with disabilities from all educational fees, and the efforts of the State party to cooperate with NGOs in this field.


172.     The Committee appreciates the establishment of a technical unit within the Ministry of education to encourage schooling for girls.


C. Factors and difficulties impeding the

                                             implementation of the Convention


173.     The Committee is aware of the difficulties encountered by the State party, noting that the State party is among the least developed countries of the world, and that the devaluation of the CFA franc and the implementation of structural adjustment programmes affect the implementation of the Convention. The lack of access to the sea, as well as environmental degradation, and the difficulties involved in dealing with a large territory which includes sparsely populated areas pose additional problems.


174.     The Committee notes that certain traditional practices and customs, prevailing particularly in rural areas, hamper the effective implementation of the Convention, especially with regard to girls.


175.     The Committee notes that the legacy of violence left by decades of civil war in the State party creates additional obstacles for the full implementation of the Convention.


D. Principal subjects of concern and Committee recommendations


1. General measures of implementation


176.     While the Committee notes the efforts of the State party to review legislation, including the recent adoption of several laws dealing with different aspects of juvenile justice and the drafting of legislation to protect children against different forms of abuse, it remains concerned that other domestic legislation does not fully reflect the principles and provisions of the Convention. The Committee is also concerned that the current and proposed legislation covering children's rights is fragmented in different laws. The Committee recommends that a thorough review of all existing legislation be conducted to bring it into line with the provisions of the Convention and suggests that the State party consider enacting a comprehensive children's code, as recommended by the 1993 Sovereign National Conference.


177.     The Committee takes note of the close collaboration between the Department for Children of the Ministry for Social and Family Affairs and the Child Protection Department of the Ministry of Justice. It also notes the existence of the National Committee for the Coordination and Implementation of the Objectives of the National Programme of Action for Chadian Children (PRONAFET). The Committee remains concerned about the lack of effective coordination of the implementation of the Convention on the Rights of the Child. It notes with concern the lack of an effective mechanism to ensure systematic implementation of the Convention and the monitoring of progress achieved. The Committee recommends that the State party take all appropriate measures to strengthen coordination of the implementation of the Convention by a governmental mechanism with adequate powers, functions and resources. Coordination must take account of the need to give due regard to the integrated approach of the Convention. The Committee encourages the State party to improve or expand an existing mechanism or establish an independent one to monitor implementation, and to identify within the existing framework a focal point to deal with child complaints of violations and ensure that violations of child rights are duly addressed.


178.     Concern is expressed at the lack of a systematic, comprehensive and disaggregated quantitative and qualitative datacollection mechanism for all areas covered by the Convention, especially the most sensitive, such as child abuse or illtreatment, but also in relation to all vulnerable groups of children, especially girls, children with disabilities, children living in rural areas, children living in poverty and refugee children. The Committee recommends that the State party undertake efforts to develop a comprehensive system of collecting disaggregated data, in order to gather all necessary information on the situation of all children under 18 years of age in the various areas covered by the Convention, including children belonging to vulnerable groups. Technical cooperation in this area from, inter alia, UNICEF, is encouraged.


179.     With regard to article 4 of the Convention, the Committee is concerned that the financial and human resources available for the implementation of all the rights recognized by the Convention are insufficient to ensure adequate progress in improving the situation of children in the State party. The Committee encourages the State party to pay particular attention to the full implementation of article 4 of the Convention. Budget allocation for the implementation of economic, social and cultural rights should be ensured to the maximum extent of available resources.


180.     While recognizing the efforts of the State party to disseminate the Convention, the Committee is of the opinion that the measures adopted to promote widespread awareness of the principles and provisions of the Convention among both adults and children need to be strengthened. Welcoming the efforts of the State party to carry out sensitization programmes on the Convention for traditional chiefs and religious leaders, the Committee considers that training programmes for professional groups working with and for children need to be further developed. The Committee recommends that the State party reinforces its efforts to make the provisions and principles of the Convention widely known and understood by adults and children alike, and to change those attitudes that pose difficulties for the implementation of the Convention. It also encourages the State party to continue its efforts to sensitize the community, especially parents, and to sensitize and train traditional and religious leaders, as well as all professional groups working with and for children, such as judges, lawyers, law enforcement and army officials, civil servants, personnel working in institutions and places of detention for children, teachers, health personnel, psychologists and social workers.

2. Definition of the child


181.     While noting the preparation by the State party of legislation that would set the legal age for marriage at 18 for both boys and girls, the Committee expresses its concern about the different minimum legal ages for marriage under existing legislation for boys (18) and girls (14), and about the lower age for girls which appears to be common for traditional customary law marriages. The Committee encourages the State party in its commitment to harmonize the minimum legal ages for marriage, increasing the minimum age for girls. It recommends that the State party undertake awareraising campaigns on the negative effects of early marriage.


3. General principles


182.     With regard to the implementation of the general principles of the Convention, and in particular article 2, insufficient measures have been adopted to ensure that full enjoyment by all children of the rights recognized in the Convention. The Committee is extremely concerned at the situation of girls, in particular in relation to access to education and to protection from harmful traditional practices, sexual abuse, forced marriages, early marriage and early pregnancy. The Committee recommends that a more active approach be taken to eliminate discrimination against vulnerable groups of children, especially girls.


183.     While recognizing the efforts of the State party, including the establishment in 1998 of a children's parliament, the Committee is still concerned that the participatory rights of children, as enshrined in the Convention, are not yet taken into account by the society at large. The Committee is particularly concerned that the implementation of article 12 of the Convention regarding the need to give due weight to the views of the child in accordance with the age and maturity of the child is excessively constrained by subjective interpretation under existing legislation. The Committee recommends that the State party develop further a systematic approach to increasing, including through the media, public awareness in order to make these rights and their implications fully understood by the population at large. In addition, the Committee recommends that, in the requested review of existing legislation, reconsider, without neglecting the need for special support, the right of children under 18 to give evidence in court without being accompanied by their parents or guardians.


4. Civil rights and freedoms


184.     While acknowledging the difficulties posed by the high rate of illiteracy, the Committee expresses its concern at the insufficient measures undertaken by the State party in the area of birth registration and at the lack of implementation of legislative measures requiring parents to register children at birth, especially in rural areas and in particular among nomadic groups. In the light of article 7 of the Convention, the Committee recommends that the State party take all available measures to ensure registration of the birth of all children. The Committee encourages the State party to ensure that birth registration procedures are made widely known and suggests that consideration be given to the establishment of mobile registration units, or other innovative approaches, to facilitate birth registration in remote rural areas and for nomadic groups.


185.     The Committee is generally concerned that inadequate attention has been given to the promotion of civil rights and freedoms of the child, as provided for in articles 13, 14 and 15 of the Convention. The Committee is also concerned about respect of the child's right to privacy (art. 16), including at school, and about the right of children to be protected from harmful information and material, in accordance with article 17 of the Convention. Information before the Committee indicates that traditional social attitudes regarding the role of children appear to make it difficult to accept children fully as subjects of rights. The Committee urges the State party to redouble its efforts to protect children from harmful information and material and to educate and sensitize parliamentarians and government officials, professional groups, parents and children on the importance of accepting fully the concept of child rights, and recommends that legislative measures be envisaged to guarantee the enjoyment of civil rights and freedoms for every child.


186.     The Committee is concerned about inadequate enforcement of existing legislation to ensure that children are treated with humanity and respect for the inherent dignity of the human person. The Committee recommends that the State party give prompt consideration to the possibility of ratifying the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and to review its policies and legislation to provide for full implementation of the provisions of articles 37 (a) and 39 of the Convention.


5. Family environment and alternative care


187.     With regard to the situation of children deprived of a family environment, the Committee expresses its concern at the insufficient number of alternative care centres and the lack of support and supervision of the existing ones established by nongovernmental organizations. The Committee is also concerned about the conditions of children living in informal types of placement (intrafamily “adoption”), whose situation is not periodically reviewed in accordance with article 25 of the Convention. The Committee recommends that the State party take all appropriate measures to establish alternative care centres for children deprived of a family environment and to set up monitoring for public and private care institutions. In the light of article 25 of the Convention, the Committee further suggests that the State party undertake a study to review the conditions of children living in an informal type of placement.


188.     The Committee takes note of the imminent ratification of the Hague Convention of 1993 on Protection of Children and Cooperation in Respect of Intercountry Adoption, but remains concerned about the widespread traditional customary practice of “intrafamily” adoption. The Committee encourages the State party to strengthen its legal provisions regarding domestic adoption.


189.     While noting that legislation is being drafted to protect children from all forms of abuse, including forced marriage and incest, the Committee expresses its concern at the insufficient awareness and lack of information on illtreatment and abuse, including sexual abuse, both within and outside the family, especially in schools and other institutions. It is also concerned at the insufficient legal protection measures, resources and trained personnel to prevent and combat such abuse. The lack of rehabilitation measures for the physical and psychological recovery of abused children is also a matter of concern. In the light of article 19 of the Convention, the Committee recommends that the State party take all appropriate measures, including adoption of the proposed legislation, to prevent and combat illtreatment of children, including domestic violence and sexual abuse. 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 special rules of evidence and special investigators or community focal points.


190.     The Committee is concerned about the use of corporal punishment in families, schools and other institutions. It is concerned about existing legislation that allows the use of corporal punishment in families and correctional facilities, and particularly concerned about its continued use in some religious schools in spite of legislation banning corporal punishment in schools. The Committee encourages the State party to review its policies and legislation in order to eliminate corporal punishment as a method of discipline, and to improve enforcement of the legislation banning corporal punishment in schools. It recommends that the State party conduct awarenessraising campaigns 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. Finally, the Committee encourages the State party to seek international assistance and advice to overcome traditional social and religious attitudes regarding corporal punishment.


6. Basic health and welfare


191.     In relation to the situation of children with disabilities, the Committee expresses its concern at the limited infrastructure, qualified staff and specialized institutions, while welcoming the efforts of the State party to increase services to children with disabilities. The Committee is also concerned about the lack of legislation protecting children with disabilities against discrimination, and about the difficulties encountered in addressing the special needs of children with mental disabilities. The Committee recommends that the State party increase its efforts to give adequate attention to the special needs of children with mental and physical disabilities, and to encourage the inclusion of disabled children in society. The Committee further recommends that the State party seek technical cooperation for the training of professional staff working with and for children with disabilities.


192.     While the Committee notes with appreciation the State party's efforts to combat infant and child mortality and the important role played by international technical assistance in this regard, it is still concerned about the prevalence of malnutrition, as well as the limited access to health services. The persistence of health problems related to insufficient access to safe water and sanitation are also a matter of concern. The Committee suggests that the State party increase its efforts, with continued support from international assistance, to make basic health care, safe water and sanitation accessible to all children. In particular, concerted efforts are needed to combat malnutrition and to ensure the implementation of the recently adopted national plan of action for nutrition.


193.     While the Committee acknowledges the State party's efforts to combat and prevent the transmission of HIV/AIDS, it expresses its deep concern at the spread of the epidemic and its direct and indirect effects on children. The Committee encourages the State party to refer to the Committee's recommendations formulated during the day of general discussion on children living in a world with HIV/AIDS (see CRC/C/80, para. 243) and to seek international cooperation from UNICEF, WHO and UNAIDS to set up programmes relating to the incidence and treatment of children infected with or affected by HIV/AIDS.


194.     While welcoming the State party's efforts to adopt measures, both legal and educational, to eradicate the practice of female genital mutilation and other harmful traditional practices affecting the health of children, the Committee remains concerned at the difficulties encountered in eliminating such practices. The Committee encourages the State party to adopt the proposed legislation and strengthen its measures to combat and eradicate the persistent practice of female genital mutilation and other traditional practices harmful to the health of the child. It encourages the State party to continue carrying out awarenessraising campaigns and sensitization programmes for traditional and religious leaders and for practitioners of female genital mutilation.


195.     The Committee acknowledges the State party's efforts in the area of adolescent health, but it remains concerned at the high rate of early pregnancy and the lack of access by teenagers to reproductive health education and services, and to emergency care. It is also concerned at the impact that punitive legislation regarding abortion can have on maternal mortality rates for adolescent girls. The Committee suggests that a comprehensive and multidisciplinary study be undertaken to understand the scope of adolescent health problems, including the negative impact of early pregnancy and illegal abortion. The Committee encourages the State party to review its practices under the existing legislation authorizing abortions for therapeutic reasons, with a view to preventing illegal abortions and improving protection of the mental and physical health of girls. The Committee also encourages the State party to seek continuing assistance from, inter alia, UNICEF and WHO to promote adolescent health policies and programmes, including by strengthening reproductive health education and counselling services.


7. Education, leisure and cultural activities


196.     The Committee welcomes the commitment of the State party to education, and the active support received from international technical assistance in this area. The Committee remains concerned at the very high illiteracy rates, the low enrolment rate and limited access to education, especially in rural areas. Concern is also expressed at the shortage of trained teachers, insufficient school infrastructure and equipment, and gender disparities in school attendance. The Committee recommends that the State party undertake all appropriate measures to improve the quality of and access to education, especially for the most vulnerable groups of children, and to reinforce training programmes for teaching personnel. Furthermore, the Committee suggests that the State party increase its efforts to include the environment, peace education, human rights and the Convention in the school curriculum, especially within the framework of the United Nations Decade for Human Rights Education.


197.     The Committee is concerned that family preference for negotiated settlement of incidents of sexual abuse and exploitation of girls by teachers does not provide adequate protection and may lead to double victimization. It recommends the State party to review this issue to ensure that priority be given to protection from sexual abuse and exploitation, taking fully into account the best interests of the child (art. 3) and all of the provisions of the Convention, and that perpetrators be appropriately sanctioned.


198.     While acknowledging efforts being made to address the problem of students who bring weapons to school, the Committee is concerned at the frequency and level of violence in schools, including bullying among students. In the light of articles 3, 19 and 28.2 of the Convention, the Committee encourages the State party to increase its efforts to prevent violence in schools and, especially, to eliminate bullying.


8. Special protection measures


199.     While the Committee welcomes the State party's openness to hosting refugees from bordering African States, it expresses its concern at the limited capacity of the State party to protect and guarantee the rights of unaccompanied and refugee children. The Committee recommends that the State party increase its efforts to provide adequate protection to refugee children, working in close cooperation with international agencies active in the field, such as UNHCR and UNICEF.


200.     While taking note of the existing awareness and political will regarding the problems caused by the involvement of children in armed conflict, the Committee remains seriously concerned about the lack of resources available to support the rehabilitation and social reintegration of demobilized child soldiers. The Committee is particularly concerned about the situation of traumatized or permanently disabled former child soldiers and their lack of access to compensation or other support services. The Committee recommends that the State party ensure the enforcement of its legislation banning the recruitment of children under 18 years. It also encourages the redoubling of efforts to allocate the necessary resources, if necessary with international assistance, to the rehabilitation and social reintegration of former child soldiers, and in particular to provide compensation and support services to traumatized or permanently disabled former child soldiers.


201.     The Committee welcomes the establishment of juvenile chambers to deal with offenders aged 13 to 18 in courts of first instance, and the recent adoption of additional legislation on the treatment of juveniles, including the requirement that deprivation of liberty be used only as a measure of last resort, and guaranteeing legal assistance. The Committee remains concerned about the conditions faced by children deprived of liberty, particularly children detained with adults without adequate protection from inhumane treatment, and about the insufficiency of programmes for the physical and psychological recovery and social reintegration of juveniles. The Committee encourages the State party to pursue its plans to build facilities to separate juveniles from adults and continue training judges, and recommends that the State party take all other measures needed to implement fully the provisions of the Convention, in particular articles 37, 40 and 39, as well as other relevant international standards in this area, such as the Beijing Rules, the Riyadh Guidelines and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty.


202.     Taking note of the completion of an ILO study and the preparation of another one, the Committee expresses its concern at the large number of children who are involved in labour activities, including in the informal sector, in agriculture and in the family context, as well as at the persistence of forms of bonded labour for children. The Committee encourages the State party to use the ILO studies as a framework for the development of strategies and programmes, and to review all relevant domestic legislation with a view to bringing it into conformity with the Convention and other relevant international standards. Child labour laws should be enforced and penalties imposed in cases of violation. Furthermore, the Committee recommends that the State party complete the process of ratification of ILO Convention No. 138 on Minimum Age for Admission to Employment.


203.     The Committee is concerned at the absence of data and of a comprehensive study on the issue of sexual exploitation of children. In the light of article 34 and other related articles of the Convention, the Committee recommends that the State party undertake studies with a view to designing and implementing appropriate policies and measures, including care and rehabilitation, to prevent and combat the sexual exploitation of children. The Committee suggests that the State party use as a reference framework the recommendations formulated in the Agenda for Action adopted at the World Congress Against Commercial Sexual Exploitation of Children, held in Stockholm in 1996.


204.     Finally, 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, along with the summary records of the relevant meetings and concluding observations adopted by the Committee. Such wide distribution should generate debate and awareness of the Convention and the state of its implementation, particularly within the Government, the relevant ministries, the Parliament and nongovernmental organizations.


                          6. Concluding observations of the Committee on the

                                    Rights of the Child: Nicaragua


205.     The Committee considered the second periodic report of Nicaragua (CRC/C/65/Add.4) at its 549th and 550th meetings (see CRC/C/SR.549550), held on 31 May 1999, and adopted Footnote the following concluding observations.


A. Introduction


206.     The Committee welcomes the timely submission of the State party's second periodic report, the supplementary written information (CRC/C/65/Add.14) and additional information presented in the course of the dialogue. The Committee expresses its appreciation for the comprehensive nature of the report. The Committee also takes note of the written replies to its list of issues (CRC/C/Q/NIC.2) while regretting their late submission. The Committee is encouraged by the constructive, open and frank dialogue it had with the State party's delegation and welcomes the positive reactions to the suggestions and recommendations made during the discussion. The Committee acknowledges that the presence of a delegation directly involved in the implementation of the Convention allowed for a fuller assessment of the situation of the rights of children in the State party.


                        B. Followup measures undertaken and progress achieved

                            by the State party


207.     The Committee welcomes the constitutional reform (1995), which affords constitutional status to the Convention on the Rights of the Child, in line with the Committee's recommendation (see CRC/C/15/Add.36, para. 26).


208.     In light of its recommendations (see CRC/C/15/Add.36, para. 26), the Committee welcomes the enactment of the Code on Children and Adolescents (1998), which constitutes a genuine process of civil society participation and has contributed to create awareness of the Convention.


209.     In light of its recommendation (see CRC/C/15/Add.36, para. 27), the Committee welcomes the measures taken to strengthen the monitoring role of the National Commission for the Promotion and Defence of the Rights of Children, as well as the adoption of an updated version of the National Plan of Action for Children and Adolescents (19972001).


210.     The establishment, supported by international cooperation, of special programmes for children such as the Programme for the Integral Care of Nicaraguan Children (PAININ), the Integrated Basic Services Programme (PROSERBI) and the Integrated School Nutrition Programme (PINE), which are in line with the Committee's recommendations (see CRC/C/15/Add.36, paras. 31 and 32), are noted with appreciation. The establishment of the programme “Return of Happiness”, which aims at the psychosocial rehabilitation of Nicaraguan children affected by hurricane Mitch, deserves a special mention.


211.     In view of its recommendation (see CRC/C/15/Add.36, para. 41), the Committee welcomes the measures taken by the State party to publicize its initial report (CRC/C/3/Add.25) and the Committee's concluding observations (CRC/C/15/Add.36), as well as the conduct of numerous workshops and public campaigns which have generated debate and awareness of the Convention.


212.     With regard to the Committee's recommendation (see CRC/C/15/Add.36, para. 30) regarding the need to establish training programmes for all professionals working with and for children, the Committee welcomes the fact that the National Police has incorporated the Convention into the Police Academy's curriculum and that a training programme on the Convention has begun for police officers. In this connection, the Committee notes with appreciation the willingness of the State party to engage in a technical cooperation programme with the Office of the High Commissioner for Human Rights for the strengthening of human rights, including children's rights, within the law enforcement agencies.


213.     The Committee notes with appreciation the establishment of the network of Mayors' Friends and Defenders of Children and the Municipal Commissions on Children which are the main promoters of municipal plans of action for the defence of the rights of the child.


214.     With regard to its previous recommendation (see CRC/C/15/Add.36, para. 31) concerning the need to adopt measures to prevent and combat gender discrimination, the Committee welcomes the enactment of the Law against Domestic Violence (Law No. 230), the establishment of the Nicaraguan Institute for Women and the National Commission to combat violence against women and children, and the creation of the Commissariat for Women and Children. In the same vein, the Committee welcomes the creation (1995) of the National Council for the Integral Attention of Children with Disabilities (CONAINID) as a positive measure for the protection and promotion of the social integration of children with disabilities.


215.     The Committee welcomes the numerous initiatives regarding the implementation of its recommendations (see CRC/C/15/Add.36, para. 40) concerning the situation of child labour in the State party. In this connection, the Committee welcomes, inter alia, the reforms to the Labour Code (1997), the signing of a memorandum of understanding (1996) between the State party and the International Labour Organization (ILO)International Programme for the Eradication of Child Labour (IPEC) for implementing a programme for the eradication of child labour as well as for the establishment of a National Commission for the Eradication of Child Labour (1997), and the adoption of a National Plan of Action against child labour (1998).


216.     With regard to the administration of juvenile justice, the Committee welcomes the State party's followup measures to the Committee's recommendations (CRC/C/15/Add.36, para. 39), such as the enactment of legislation for the creation of a specialized system on juvenile justice (Code on Children and Adolescents, 1998); the development of training material for law enforcement officials working with children in conflict with the law; the establishment of an interagency committee on juvenile justice; the conduct of a study on the financial and human resources for the full implementation of the juvenile justice system; the development of a project “Integrated support for the juvenile prison population in Nicaragua”; and the separation of children from adults in detention centres.


217.     The Committee welcomes the participation of nongovernmental organizations in the elaboration of the State party's second periodic report, in the drafting of the Code on Children and Adolescents as well as in the National Commission for the Promotion and Defence of the Rights of Children (CNPDN) and in the elaboration of the National Policy of Comprehensive Attention for Children. The Committee also welcomes the fact that the implementation of the Convention in the State party has become a participatory process with the active participation and support of grassroots organizations and the private sector.


                        C. Factors and difficulties impeding further progress

                            in the implementation of the Convention


218.     The Committee notes with deep concern the devastating effects of hurricane Mitch (1998), which 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. Hurricane Mitch not only left many dead, missing persons, homeless families and destroyed educational and healthcare facilities and services in its wake, but also constituted a setback in the efforts of the State party to gradually make children's rights a living reality. The Committee expresses its solidarity with the State party in its reconstruction efforts.


219.     The Committee notes that widespread poverty and longstanding socioeconomic disparities within the State party are still affecting the most vulnerable groups, including children, and hamper the enjoyment of the rights of the child in the State party. This situation, the Committee also notes, has been particularly aggravated by severe economic constraints, due in particular to the implementation of structural adjustment programmes and external debt.


                         D. Principal subjects of concern and the Committee's

                             recommendations


1. General measures of implementation


220.     While welcoming the enactment of the Code on Children and Adolescents (1998) and noting the measures taken and plans established for the full implementation of this Code, especially the ones contained in the document entitled “Transformations and Investment in the Human Rights of Children and Adolescents” (1999), the Committee remains concerned that the Code is not fully implemented. In this connection, the Committee is aware that the implementation of the Code entails the creation of a number of institutions and the development of social infrastructure for children, which requires the commitment of a great amount of financial and professional resources. The Committee recommends that the State party take all available measures, including through international cooperation, to guarantee the full implementation of the Code on Children and Adolescents and supports the State party's initiatives designed to procure international cooperation in this regard. Furthermore, the Committee encourages the State party to continue with its process of legislative reform to ensure that all other domestic laws related to children are in full conformity with the principles and provisions of the Convention.


221.     With regard to the implementation of its recommendation (see CRC/C/15/Add.36, para. 27) concerning the need to improve coordination among various governmental bodies dealing with children's issues, at both the national and local levels, the Committee takes note of the current process of institutional transformation as a result of the enactment of the Code on Children and Adolescents, including the creation of the National Council for the Attention and Integral Protection of Children as the central body in charge of the implementation of the Convention. In addition, the Committee notes with appreciation that the Code on Children and Adolescents has envisaged participation by nongovernmental organizations and children within the national council to be established following adoption of a secondary law by the National Assembly. Nevertheless, the Committee is still concerned that the current levels of coordination in the implementation of the Convention are insufficient. The Committee recommends that the State party take all available measures to accelerate its current process of institutional reform of the coordinating bodies in charge of the implementation of the Convention. The Committee suggests that, before the establishment of the new National Council for the Attention and Integral Protection of Children, the State party undertake a comprehensive review of the mandates and activities of all the governmental institutions working on children's issues in order to maximize its financial and human resources and improve efficiency for the benefit of children. Furthermore, the Committee encourages the State party to continue working in close cooperation with nongovernmental organizations working in the field of children's rights. In this connection, the Committee further recommends that the nongovernmental organizations and children to be included in the National Council take into account and represent the interests of all groups of children, especially the most vulnerable groups.


222.     In light of its recommendation (see CRC/C/15/Add.36, para. 28) concerning the need to improve the State party's data collection system, the Committee takes note with satisfaction of the efforts taken in this regard. It remains concerned about the lack of disaggregated data on children's rights. The Committee recommends that the State party continue with the development of its data collection system, with a view to including all areas covered by the Convention. Such a system should include all children under 18 years of age and specifically emphasize vulnerable groups of children as a basis for assessing progress achieved in the realization of children's rights, and should be used to design policies for better implementation of the provisions of the Convention. In this regard, the Committee encourages the State party to seek international assistance from, inter alia, UNICEF.


223.     With regard to the implementation of its recommendation (see CRC/C/15/Add.36, para. 29) concerning the creation of the Office of the Ombudsman for Children, the Committee notes with appreciation that legislation for the creation of the Office of the Human Rights Ombudsman, including the creation of a subsidiary Office for Children's Rights, has been enacted. Nevertheless, it regrets the fact that the officials themselves have not yet been appointed. The Committee encourages the State party to continue with its efforts to appoint the appropriate authorities for the Office of the Human Rights Ombudsman, and the Office for Children's Rights.


224.     While welcoming the measures taken by the State party to implement the Committee's recommendation (see CRC/C/15/Add.36, para. 30) regarding the need to make the principles and provisions of the Convention widely known and understood by the population at large, the Committee remains concerned at the insufficiency of these measures, especially among indigenous groups (e.g. Miskitos and Ramas) as well as in rural areas. The Committee recommends that the State party strengthen its efforts to disseminate the principles and provisions of the Convention as a measure to sensitize society about children's rights. Special emphasis should be placed on the dissemination of the Convention among indigenous groups as well as in rural and remote areas. In this regard, the Committee further recommends the involvement of local structures such as the Municipal Commissions on children and nongovernmental organizations in the development of a national awareness campaign on the Convention. Furthermore, the Committee recommends the continuation of efforts to publicize the Convention through methods that take into consideration the specific needs of indigenous groups. The Committee encourages the State party to consider seeking technical assistance in this area from, inter alia, UNICEF.


225.     With regard to the provision of training for professionals working with and for children (see Committee's recommendations, CRC/C/15/Add.36, para. 30), the Committee welcomes the efforts undertaken in this area such as those adopted in the framework of the PAININ programme by the Ministry of Health, as well as the provision of training on the Convention for teachers, by the Ministry of Education. The Committee encourages the State party to continue undertaking systematic education and training programmes on the provisions of the Convention for all professional groups working for and with children, such as parliamentarians, judges, lawyers, law enforcement officials, civil servants, municipal workers, personnel working in institutions and places of detention for children, teachers, health personnel, including psychologists, and social workers. Furthermore, special attention should be paid to the provision of training for professionals working with and for children. Technical assistance from , inter alia, the Office of the High Commissioner for Human Rights and UNICEF could be requested in this regard.


226.     The Committee welcomes the fact that the State party has taken children's rights into consideration in designing its social policies and programmes, especially in the context of its efforts to seek international cooperation for reconstruction after hurricane Mitch. Nevertheless, in view of the persistent economic constraints, and taking into account the efforts undertaken, especially in the area of debt reduction, to allocate substantial financial resources for the benefit of children, the Committee reiterates its recommendation (see CRC/C/15/Add.36, para. 32) that such measures should be undertaken “to the maximum extent of [...] available resources” in light of articles 2, 3 and 4 of the Convention, including through international cooperation. The Committee encourages the State party to continue ensuring that sufficient budgetary allocations are provided to social services for children and that particular attention is paid to the protection of children belonging to vulnerable and marginalized groups. Furthermore, the Committee encourages the State party to continue with its efforts to reduce the burden of its external debt, with special attention to maintaining the provision of social policies and programmes for children as enshrined in article 4 of the Convention.


2. Definition of the child


227.     While the Committee is aware that a reform to the State party's Constitution would be necessary in order to increase the number of years of compulsory education from nine to six years, as previously recommended by the Committee (see CRC/C/15/Add.36, para. 38), it regrets the lack of measures taken to harmonize the minimum legal ages for access to work (14) and for ending compulsory education (12). In addition, while the Committee takes note that the draft Code on the Family will equalize the minimum legal ages for marriage of boys and girls, it remains concerned (see CRC/C/15/Add.36, para. 13) about the current differences. The Committee recommends to the State party to undertake the appropriate legal reform and harmonize the minimum legal ages for work and compulsory education by raising the latter, in order to bring it into full conformity with the principles and provisions of the Convention. The Committee also recommends to the State party to raise and equalize the minimum legal age of marriage of boys and girls.


3. General principles


228.     With regard to the implementation of article 2 of the Convention, the Committee remains concerned (see CRC/C/15/Add.36, para. 15) about the persistent regional disparities between the Atlantic and Central/Pacific regions, the growing disparities between urban and rural areas as well as the increasing number of people living in urban poor and marginalized areas. Furthermore, the predominance of discrimination on the basis of ethnic origin, gender, social status and disability is also a major concern. The Committee reiterates its recommendation to the State party to reduce economic, social and regional disparities, including between urban and rural areas, to prevent discrimination against the most disadvantaged groups of children, such as the girl child, children with disabilities, children belonging to indigenous and ethnic groups, children living in and/or working on the streets and children living in rural areas. The Committee also recommends that the State party undertake educational campaigns to raise awareness of discrimination on the grounds of gender and ethnic origin with a view to its elimination.


229.     The Committee takes note that domestic legislation (e.g. the Code on Children and Adolescents) has included the principles of “the best interests of the child” (art. 3) and “respect for the views of the child” (art. 12). Nevertheless, concern is expressed at the lack of practical implementation of these principles, in particular that the child's right to express his/her views in a judicial or administrative procedure affecting him/her, as established in article 17 of the Code on Children and Adolescents, may not be respected in all cases in a culture where respect of the views of the child is not fully developed. The Committee reiterates its concern (see CRC/C/15/Add.36, para. 9), that in practice these principles are not fully respected due to the fact that children are not yet perceived as persons entitled to rights and that the rights of the child are often undermined by adults' interests. The Committee recommends that further efforts be made to ensure the implementation of the principles of “best interests of the child” and “respect for the views of the child”, especially his or her right to express his/her views in the family, at school, within other institutions and in society in general. These principles should also be reflected in all policies and programmes relating to children. Awarenessraising among the public at large, including communities and religious leaders as well as educational programmes, on the implementation of these principles should be reinforced in order to change traditional perceptions regarding children as objects and not as subjects of rights. Furthermore, with regard to article 17 of the Code on Children and Adolescents, the Committee recommends that the evolving capacity of the child should always be taken into consideration in all judicial and administrative processes or decisions affecting the child.


4. Civil rights and freedoms


230.     While noting the measures taken by the State party in the area of birth registration, especially those carried out by the Supreme Electoral Council in cooperation with UNICEF, the Ministry of Health and municipal governments, the Committee remains concerned (see CRC/C/15/Add.36, para. 16) about the insufficient registration of births and the lack of awareness and understanding of registration procedures, especially in rural areas and among indigenous communities. In light of article 7 of the Convention, the Committee recommends that the State party continue taking all available measures to ensure the immediate registration of the births of all children, especially in rural areas and among indigenous communities. Furthermore, the Committee encourages the State party to ensure that birth registration procedures are widely known by the population at large, if necessary in cooperation with nongovernmental organizations and with the support of international organizations.


231.     With regard to the implementation of its recommendation (see CRC/C/15/Add.36, para. 33) concerning participatory rights of children, the Committee notes with appreciation the initiatives within the Municipal Commissions on Children as well as the pilot project on student governments developed by the Ministry of Education. Nevertheless, the Committee is still concerned that participatory rights of children have not been sufficiently addressed by the State party. In light of articles 15, 16, 17 and other related articles of the Convention, the Committee recommends that further measures, including legislative reform, be undertaken to promote the participation of children in the family, the school and other institutions and social life, as well as the effective enjoyment of their fundamental freedoms, including the freedom of opinion, expression, and association.


232.     In light of its recommendation (see CRC/C/15/Add.36, para. 34), the Committee welcomes the fact that domestic legislation (Code on Children and Adolescents) has introduced protection of the child from information and material injurious to his/her wellbeing and guarantees access to appropriate information (art. 17) and protection of the child's right to privacy (art. 16). However, the Committee remains concerned about the lack of secondary legislation regulating the practical implementation of these rights. The Committee encourages the State party to continue with its process of legal reform and allocation of appropriate resources in order to establish practical procedures and regulations to protect children from harmful information and, to guarantee their access to appropriate information and their right to privacy. The Committee further recommends that it take into consideration the Committee's recommendations emanating from its day of general discussion (1996) on “The child and the media” (CRC/C/57).


233.     While noting that domestic legislation protects children against torture, the Committee is concerned about the insufficient judicial procedures to investigate cases of police brutality, illtreatment or abuse of children. The Committee recommends that the State party reinforce its judicial mechanisms to deal with complaints of police brutality, illtreatment and abuse of children, and that cases of abuse of children be duly investigated. The Committee encourages the State party to consider the possibility of ratifying the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.


5. Family environment and alternative care


234.     The Committee takes note of the draft Code on the Family and the recent creation of the Ministry on the Family as measures taken in line with the Committee's recommendation (see CRC/C/15/Add.36, para. 35) concerning the need to focus on family and social programmes. The Committee reiterates its recommendation to the State party to enforce its efforts in addressing family issues such as family disintegration, adolescent pregnancies and violence within the family. Furthermore, the Committee recommends that the State party allocate adequate financial and human resources for family and social programmes.


235.     The Committee takes note that the Code on Children and Adolescents includes legal measures for the protection of children deprived of a family environment and that further measures have been included in the draft Code on the Family. Nevertheless, the Committee remains concerned (see CRC/C/15/Add. 36, para. 18) about the inadequacy of measures taken to ensure that the conditions in institutions are regularly monitored and that the placement of children in public and private institutions is not periodically reviewed. The Committee recommends that the State party continue taking the necessary steps for establishing alterative measures to institutional care of children (e.g. fostering). The Committee further recommends that the State party reinforce its monitoring and evaluation system to ensure the adequate development of children living in institutions. The Committee encourages the State party to continue taking measures to review periodically the placement and treatment of children as enshrined in article 25 of the Convention.


236.     While noting that the process of adoption is regulated by the Law on Adoptions (1981), which reflects article 21 of the Convention, and that further measures have been introduced in the draft Code on the Family, the Committee regrets that the State party has not fully complied with the implementation of its recommendation (see CRC/C/15/Add.24, para. 26). The Committee reiterates its suggestion to the State party to consider accession to the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption of 1993.


237.     With regard to the implementation of its recommendation (see CRC/C/15/Add.36, para. 35) concerning the need to take all available measures to prevent and combat cases of abuse and illtreatment of children, the Committee welcomes the enactment of the law against domestic violence (1996). Nevertheless, the Committee is of the opinion that these measures need to be reinforced. Concern is expressed at the insufficient public 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 light of, inter alia, articles 19 and 39 of the Convention, the Committee recommends that the State party take all appropriate measures, including setting up multidisciplinary programmes and rehabilitation measures to prevent and combat child abuse and illtreatment of children within the family, at school and other institutions, including the juvenile justice system, and in society at large. It suggests, inter alia, that law enforcement should be strengthened with respect to such crimes; adequate childfriendly procedures and mechanisms to deal with complaints of child abuse should be reinforced in order to provide children with prompt access to justice to avoid impunity for the offenders. Furthermore, educational programmes should be established to combat traditional attitudes within society regarding this issue. The Committee encourages the State party to consider seeking to this effect international cooperation from, inter alia, UNICEF and international nongovernmental organizations.


6. Basic health and welfare


238.     In light of its recommendation (see CRC/C/15/Add.36, para. 37), the Committee welcomes the measures taken to improve the health standards of children, in particular initiatives related to the reduction of infant mortality, such as the integrated Management of Childhood Illnesses, implemented in cooperation with the World Health Organization and UNICEF, the establishment of childfriendly hospitals and the promotion of breastfeeding. Nevertheless, the Committee remains concerned about the persistent regional disparities in access to health care, high rates of malnutrition in children under five years of age and in schoolage children, and low access to health care services in rural and remote areas. The Committee recommends that the State party continue taking all appropriate measures, including through international cooperation, to ensure access to basic health care and services for all children. More concerted efforts need to be taken to guarantee equal access to health care, with special emphasis on rural areas, to combat malnutrition and ensure the adoption and implementation of a national nutritional policy and plan of action for children.


239.     With regard to adolescent health issues (see Committee's concern, CRC/C/15/Add.36, para. 20), the Committee remains concerned at the high and increasing rate of teenage pregnancy, the high maternal mortality rate related to abortion and the insufficient access by teenagers to reproductive health education and counselling services, including outside the school system. The Committee is also concerned about the increasing rate of children infected by HIV/AIDS. The Committee recommends to the State party to continue taking measures for the prevention of HIV/AIDS and to take into consideration the Committee's recommendations adopted on its day of general discussion on “Children living in a world with HIV/AIDS” (CRC/C/80). It also suggests that a comprehensive and multidisciplinary study be undertaken to understand the scope of adolescent health problems as a basis for promoting adolescent health policies and strengthening reproductive health education. The Committee also recommends that further efforts be undertaken for the development of childfriendly counselling services as well as care and rehabilitation facilities for adolescents. International technical assistance from, inter alia, UNICEF and UNAIDS is also recommended.


240.     With regard to the situation of children with disabilities, while the Committee welcomes the establishment of CONAINID, it remains concerned at the lack of adequate infrastructure, limited qualified staff and specialized institutions for these children. In addition, the Committee is particularly concerned at the lack of governmental policy and programmes for children with disabilities and at the lack of monitoring of private institutions for these children. In light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and of the Committee's recommendations adopted at its day of general discussion on “Children with disabilities” (CRC/C/69), the Committee recommends that the State party develop early identification programmes to prevent disabilities, implement alternative measures to the institutionalization of children with disabilities, envisage awarenessraising campaigns to reduce discrimination against them, establish special education programmes and centres for them and encourage their inclusion in the educational system and in society, and establish adequate monitoring of private institutions for children with disabilities. The Committee further recommends to the State party to seek technical cooperation for the training of professional staff working with and for children with disabilities.


7. Education, leisure and cultural activities


241.     In light of its recommendations (see CRC/C/15/Add.36, para. 38) on the educational system, the Committee notes with appreciation the followup measures undertaken by the State party in this field, especially the Ministry of Education's Basic Education Project, undertaken in cooperation with the World Bank, which aims at improving the quality, equity and efficiency of the education system. Nevertheless, the Committee remains concerned, inter alia, about the high dropout rates from primary and secondary schools, especially in rural areas, by the poor condition of schools and the scarcity of textbooks. The Committee also regrets that the Convention has not been totally incorporated into the school curricula. The Committee recommends that the State party continue with its efforts in the field of education by strengthening its educational policies and system in order to establish retention programmes and vocational training for dropouts, to improve school infrastructure, to continue with curricular reform, including teaching methodologies, to eradicate urban/rural disparities with reference to school enrolment and attendance, and to implement special education programmes taking into account the needs of working children. Furthermore, the Committee encourages the State party to continue with its efforts to include the teaching of the Convention in the school curricula.


8. Special protection measures


242.     Although the Committee is aware of the State party's efforts for the elimination of the landmines planted in its territory, it expresses its concern about the fact that these mines were displaced by the effects of Hurricane Mitch and therefore pose a threat to the lives of the population, especially children. The Committee recommends to the State party to continue taking all necessary measures, including awarenessraising programmes on landmines and training for the population at large, with a view to protecting children. In this regard, the Committee encourages the State party to continue working in cooperation with international agencies and nongovernmental organizations of the remapping, clearance and destruction of landmines. Furthermore, in light of article 39 of the Convention, the Committee recommends that the State party take all appropriate measures to promote the physical and psychological recovery and social reintegration of children victim of landmines and of children victim of past armed conflict.


243.     With regard to the situation of children belonging to indigenous groups living in the Atlantic region (e.g. Miskitos and Ramas), the Committee remains concerned about their limited enjoyment of all the rights enshrined in the Convention, in particular their access to health and education. In light of article 30 of the Convention, the Committee recommends to the State party to take all necessary measures to protect children belonging to indigenous groups and to guarantee that they enjoy all the rights recognized in the Convention on the Rights of the Child, with special emphasis on their access to health and education.


244.     While welcoming the measures taken for the eradication of child labour, in line with its recommendation (see CRC/C/15/Add.36, para. 40), the Committee is still concerned that economic exploitation remains one of the major problems affecting children in the State party. The Committee remains concerned at the insufficient law enforcement and the lack of adequate monitoring mechanisms to address this situation, especially in the informal sector and in domestic settings. In light of articles 3 and 32 and other related articles of the Convention, the Committee recommends that the State party continue working in cooperation with ILO/IPEC for the full implementation of the national plan for the elimination of child labour and undertake all the actions envisaged within its memorandum of understanding with ILO/IPEC. The situation of children involved in hazardous labour, especially in the informal sector including domestic labour, where the majority of working children are found, deserves special attention. Furthermore, the Committee recommends that labour legislation regulating the work of children should be enforced, the labour inspectorates strengthened and penalties imposed in cases of violation.


245.     With regard to the issue of children living and/or working on the streets, the Committee welcomes the establishment of the “Plan of Action to Rescue Street Children” which aims at the social reintegration of this group of children. The Committee recommends to the State party to continue working in cooperation with nongovernmental organizations in this area and continue adopting appropriate programmes and policies for the protection and rehabilitation of these children.


246.     While the Committee notes with appreciation the commitments made by the State party at the seminar, held in Montevideo (on 18 and 19 March 1999) on the issue of the commercial sexual exploitation of children, it expresses concern at the absence of data and a situation analysis on this issue as well as the lack of a national plan of action to tackle this problem. In light of article 34 and other related articles of the Convention, the Committee recommends that the State party conduct a study on the issue of commercial sexual exploitation of children with a view to designing and implementing appropriate policies and measures, including care and rehabilitation, to prevent and eradicate this phenomenon, to reinforce its legislation, including punishment of perpetrators, and to conduct awarenessraising campaigns on the issue. The Committee recommends to the State party to take into account the recommendations formulated in the Agenda for Action adopted at the World Congress Against Commercial Sexual Exploitation of Children held in Stockholm in 1996.


247.      While the Committee is aware that the full implementation of the new juvenile justice system requires substantial financial and human resources as well as the development of infrastructure, as established in the document entitled “Transformation and investment in the human rights of children and adolescents” (May 1999), it remains concerned that the juvenile justice system is not fully implemented. Concern is also expressed about the poor conditions in prisons and detention centres for juveniles; the lack of correctional centres for the rehabilitation of children in conflict with the law; that access to justice is not guaranteed in a prompt manner for children in detention; and that due process is not always guaranteed. Concern is further expressed at the aggravated penal penalties regarding “property offences” committed by children. In light of article 37, 40 and 39 of the Convention and other relevant United Nations standards in this field, the Committee recommends that the State party effectively implement its juvenile justice system. The Committee encourages and supports the State party's initiatives for the procurement of international cooperation in this regard. The Committee recommends that the State party give particular attention to ensuring the improvement of the conditions of children living in prisons and detention centres, to developing correctional centres for the rehabilitation of children in conflict with the law, to ensuring that violence is not used by law enforcement officials, to ensuring that deprivation of liberty is used only as a measure of last resort, to guaranteeing prompt access to justice for children in pretrial detention, and to developing alternative measures to deprivation of liberty. Furthermore, the Committee recommends that the State party consider reviewing its penal policies concerning “property offences” committed by children, and establish alternative measures to address the needs of children involved in this type of offence.


248.     The Committee welcomes the State party's willingness to engage in a technical cooperation programme with the Office of the High Commissioner for Human Rights for the provision of training in human rights standards, including children's rights for the police. In this connection, the Committee recommends that the State party continue providing training programmes on the relevant international standards for judges and all professionals and staff involved with the juvenile justice system. In this regard, the Committee further suggests that the State party consider seeking additional 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.


249.     Finally, in light of article 44, paragraph 6, of the Convention, the Committee recommends that the second periodic report and written replies submitted 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 concluding observations adopted 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.


III. OVERVIEW OF THE OTHER ACTIVITIES OF THE COMMITTEE


A. Review of developments relevant to the work of the Committee


250.     During the session, the Committee was informed by members about various meetings in which they had participated.


251.     On 1 March 1999, Ms. Judith Karp delivered a keynote speech in the European Parliament during a seminar on ending all forms of corporal punishment of children in Europe, entitled “Children are unbeatable”. The seminar was organized, under the auspices of the Secretariat General of the European Commission and the Daphne Programme, to launch the “Children are unbeatable” Europewide campaign. Ms. Karp also delivered, on 2 March 1999, a keynote speech on “The Convention on the Rights of the Child: protecting children's human dignity” in London at a seminar organized by the Alliance Strategy Group, which includes Ending Physical Punishment of Children Worldwide (EPOCH), and also entitled “Children are unbeatable”.


252.     Mr. Rabah participated in seminars held in Damascus on 11 February 1999 and in Amman on 15 February to train policemen on human rights issues with a special emphasis on the rights of the child. He also participated in a meeting held in Tunis on 12 March 1999 organized by the Arab Institute for Human Rights on children's rights in the Arab world, where he gave a lecture on the Convention on the Rights of the Child and the work of the Committee.


253.     Mrs. Sardenberg represented the Committee at the International Forum for the Operational Review and Appraisal of the Implementation of the Programme of Action of the International Conference on Population and Development, which took place in The Hague from 8 to 12 February 1999. The conference was organized by the United Nations Population Fund (UNFPA) as an important element of the fiveyear review of the implementation of the Cairo Programme of Action, which will culminate in a special session of the General Assembly to be held from 30 June to 2 July 1999. Mrs. Sardenberg presented to the Forum the Committee's views on its implementation of the Programme of Action and the extent to which it is reflected in the Committee's work and in its dialogue with States parties in relation to the various principles and provisions of the Convention on the Rights of the Child.


254.     Mrs. Mokhuane participated in an international conference on the age of criminal responsibility, organized by the University of Pretoria, on 28 and 29 April 1999. She presented a paper on the child’s capacity to understand right and wrong using a developmental perspective and based on psychological theories of child development, including pertinent issues concerning the child’s interactions with the social environment. The most important issues addressed dealt with the child’s maturity and ability to differentiate/understand right and wrong, to understand the legal process in court and to brief counsel.


B. Methods of work


255.     At the 533rd meeting, on 17 May 1999, a technical briefing was held on the working methods of the Committee and the various phases of the reporting process. Participating were members of the Committee, representatives of the Office of the High Commissioner for Human Rights (OHCHR), UNICEF and the NGO Group for the Convention on the Rights of the Child. One of the main issues raised during the discussion was the backlog of reports and the need to find ways to increase the number of reports dealt with at each session without prejudice to the quality of the dialogue. In this regard, at the 553rd meeting, on 2 June 1999, the Committee decided to increase the number of States parties' reports considered to at least eight per session as from January 2000. At the same meeting, the Committee decided to reintroduce the country rapporteur system. It also decided to give high priority to the drafting of general comments based on the principles and provisions of the Convention and mandated the Rapporteur, Mr. Doek, to define a methodology in that regard and to report to the Committee thereon at its next session.


C. Cooperation with United Nations and other competent bodies


256.     During the session, the Committee held meetings with representatives of United Nations bodies and specialized agencies, as well as of other competent bodies, in the framework of its ongoing dialogue and interaction with those bodies in the light of article 45 of the Convention.


257.     On 19 May UNICEF invited members of the Committee, representatives of the NGO Group for the Convention on the Rights of the Child and OHCHR to participate in an informal dialogue on the past and future cooperation between UNICEF and the Committee. The meeting was chaired by Mrs. Marta Santos Pais, Director of the Division of Evaluation, Policy and Planning of UNICEF, and the dialogue focused on the role UNICEF plays in different aspects of the reporting process and how its support can be enhanced. Participants were also brought up to date on developments within UNICEF and events of relevance to the work of the Committee. Suggestions for enhancing cooperation in the planning and follow-up of general discussion days, improving coordination and follow-up of requests for technical cooperation by States parties and increased Committee participation at the regional level were made.


258.     Mrs. Sardenberg represented the Committee at the workshop on the gender perspective in the United Nations human rights system co-organized by OHCHR, the Division for the Advancement of Women and the United Nations Development Fund for Women (UNIFEM) which was held in Geneva from 26 to 28 May 1999, where she explained how the Committee incorporates a gender perspective in its work. Mrs. Sardenberg underlined the importance attached by the Committee to finding a balance between the rights of boys and girls, as far as the gender perspective is concerned.


259.     On 27 May representatives of the NGO Group for the Convention on the Rights of the Child met with the new members of the Committee in order to provide them with information on the background, structure and membership of the NGO Group as well as the recent activities of its thematic subgroups. The Committee members were also briefed on the NGO Group's work with national NGOs to encourage the submission of complementary information to the Committee within the framework of the reporting process.


260.     On 1 June, Mrs. Anne Bayefsky briefed the Committee on the study on the human rights treaty system she is undertaking together with Mr. Christof Heyns in collaboration with OHCHR. The study intends to provide advice and guidance to further enhance and improve the work of the six human rights treaty bodies established under the six major international human rights instruments.


261.     On 2 June 1999, the Committee held a meeting with representatives of United Nations bodies and specialized agencies, as well as of other competent bodies.


262.     At that meeting, the UNHCR representative brought the Committee up to date on activities including the appointment of five additional regional child policy officers in Africa, Asia and the Commonwealth of Independent States and the development of training modules for UNHCR staff, NGOs and Governments with a view to improving refugee operations involving children. Information was provided on the pilot projects initiated in refugee camps to promote conflict resolution and peace building through the training of youth groups. The representative also distributed copies of a new booklet, entitled “Separated Children in Europe Programme: Statement of Good Practices”, prepared in cooperation with the International Save the Children Alliance.


263.     The representative of the International Narcotic Control Board (INCB) explained that INCB is the independent and quasi-judicial control organ for the implementation of the United Nations drug control conventions and that its responsibilities include the promotion of government compliance with the provisions of those treaties. Among its main activities is the identification and correction of weaknesses that might exist in the national and international control systems, including with respect to illicit manufacture, trafficking and abuse of drugs. The Board publishes an annual report which in recent years has systematically highlighted disturbing patterns of drug abuse among youth. Copies of the latest report were distributed. The INCB representative concluded by underlining the importance of article 33 of the Convention on the Rights of the Child and reiterating the need for continued collaboration between the Committee and the Board in ensuring the protection of children from the illicit use, production and trafficking of narcotic drugs and psychotropic substances.


264.     The representative of UNICEF informed the Committee about an initiative of the Norwegian Government, the “Oslo Challenge Project”, the purpose of which is to study possible roles for the modern media and digital technology in enhancing children’s rights. The project aims to raise the awareness of children of the need to become more knowledgeable “consumers” of media and to train parents in the context of managing media consumption with respect to their children. In commemoration of the tenth anniversary of the Convention on the Rights of the Child, the Norwegian Government will also organize in Oslo in November 1999 an international workshop on the theme of children and the media. It is proposed that a representative of the Committee participate in this project.


265.     The Committee was advised by the ILO representative that the draft convention concerning the abolition of the worst forms of child labour would be discussed and, hopefully, adopted at the International Labour Conference currently under way in Geneva. While noting the challenges in identifying the exact definition of the term “worst forms of child labour”, child slavery, forced and bonded labour, debt servitude, child prostitution and the use of children for pornography are likely to be included in the definition. The Committee was reassured that the draft convention is not intended to replace ILO Convention No. 138 which continues to be one of the main tools used in combating child labour.


266.     The representatives of UNAIDS noted the increasing impact of HIV/AIDS on the lives of children. In an attempt to address this concern, UNAIDS has intensified its efforts through, inter alia, the World AIDS campaign, to raise awareness about the rights of children in the context of HIV/AIDS and to promote the integration and involvement of children and parents in this regard. It was noted that efforts to help young people infected and/or affected by HIV/AIDS had failed in part because they themselves had not been involved in designing and implementing effective preventative and rehabilitative policies and programmes. UNAIDS had undertaken two main activities as a followup to the Committee’s general discussion day on children living in a world with HIV/AIDS: a background paper on children’s rights in the context of HIV/AIDS and a booklet containing the recommendations emanating from the discussion day.


267.     The representatives of ATD Fourth World informed the Committee of its upcoming forum on the rights of children living in extreme poverty, scheduled to be held in Geneva in November 1999. It is expected that children from 2030 countries will participate. As a part of its activities, the group will visit the Palais des Nations and the Palais Wilson where they are expected to present a message to the High Commissioner for Human Rights.


268.     On 2 June, Mr. Doek represented the Committee at the eightyseventh International Labour Conference.


269.     During the Committee's session, the Chairperson, Mrs. Mboi, attended the eleventh meeting of persons chairing the human rights treaty body (Geneva, 31 May4 June 1999). On 3 June, she briefed the Committee about the preliminary recommendations made by that meeting. She especially mentioned the first joint meeting between all the chairpersons and the participants at the sixth meeting of special rapporteurs/representatives, experts and chairpersons of working groups of the Commission on Human Rights. Participants had agreed on the need to enhance cooperation between these human rights mechanisms, particularly in view of the forthcoming World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in 2001. Participants had also agreed to systematically share information, to try to institutionalize regular meetings between persons involved in similar mandates and to exchange experiences on best practices. The chairperson said that she had stressed the need to systematically reflect a childrights perspective in the reports of the special procedures system.


270.     During the session, the Committee met with one of the three hunger strikers who had participated in the hunger strike launched by the Tibetan Youth Congress during the fiftyfifth session of the Commission on Human Rights. The Committee noted the concerns of the Tibetan Youth Congress representative with regard to the whereabouts of the eleventh Panchen Lama, Gendhun Choekyi Nyima.


D. Future thematic debate


271.     In view of the commemoration of the tenth anniversary of the adoption by the United Nations General Assembly of the Convention on the Rights of the Child in 1999, the Committee had decided at its previous session to postpone its next thematic debate to 2000 and instead agreed to co-organize with OHCHR a two-day meeting during its twentysecond session, entitled: “The Convention on the Rights of the Child: a decade of achievements and challenges”. The objective of this exercise will be to identify achievements and examples of best practices; identify challenges for the future and examples of constraints; and to formulate recommendations for future improvements. Following a high-level segment where the impact of the Convention at the international level will be discussed in plenary, three round tables will be held concurrently. The main topics for discussion will be: (a) translating law into reality; (b) putting child rights on the agenda; and (c) providing means for the realization of child rights. During the session the Committee discussed and adopted the draft programme for this meeting (see annex IV).


                             E.     Follow-up to the day of general discussion on

                                     children with disabilities


272.     The working group on the rights of children with disabilities, established as an outcome of the day of general discussion on children with disabilities in 1997 (see CRC/C/69, paras. 310-339 and CRC/C/80, paras. 244-247), held its second meeting in London on 29 and 30 May 1999. Mrs. Mokhuane attended the meeting on behalf of the Committee and reported to the members. Among the issues discussed by the working group was the need to explore innovative methods to ensure that the rights of children with disabilities are given due attention in the work of the Committee.


273.     Members of the working group reported on initiatives and meetings relevant to the rights of children with disabilities. Coalitions between groups of the disabled had been established in America and Latin America. The European Disabled Persons Alliance was working with young people, with the support of Italian television, to develop documentaries on the disabled. A young peoples’ group called “Young and Powerful”, based in London, had reported on their campaign to include children with disabilities into mainstream education and the group was also concentrating on other issues such as racial discrimination. Save the Children-UK was to hold a meeting in Swaziland in December 1999, which will look into the economic impact of not attending to the disabled. Canada would be hosting an international conference on the disabled in October 2000. Another conference will be held in Canada, on “Violence and Children” from 13 to 15 October 1999.


274.     Among other issues raised at the meeting were the need to develop good practice guidelines focusing on the rights of the child, and the need to contact United Nations agencies and bodies, particularly the IMF and the World Bank, and encourage them to take into account the impact of structural adjustment programmes on the rights of children with disabilities. The working group also expressed the wish to participate actively in future thematic discussion days of the Committee.


275.     The next meeting of the working group will be held in October 1999.


IV. DRAFT PROVISIONAL AGENDA FOR THE TWENTY-SECOND SESSION


276.     The following is the draft provisional agenda for the twenty-second session of the Committee:

 

1.Adoption of the agenda.

 

2.Organizational matters.


            3.         Submission of reports by States parties.


            4.         Consideration of reports by States parties.

 

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


            6.         Methods of work of the Committee.


            7.         Commemoration of the tenth anniversary of the Convention.


            8.         Future meetings.


            9.         Other matters.


V. ADOPTION OF THE REPORT


277.     At its 557th meeting, on 4 June 1999, the Committee considered the draft report on its twenty-first session. The report was unanimously adopted by the Committee.



Annex I


STATES WHICH HAVE RATIFIED OR ACCEDED TO THE CONVENTION ON

THE RIGHTS OF THE CHILD AS AT 4 JUNE 1999

(191)


States                        Date of signature                Date of receipt of               Date of entry

                                                                             instrument of                      into force

                                                                             ratification/

                                                                             accession a/ 


Afghanistan              27 September 1990            28 March 1994                   27 April 1994

Albania                     26 January 1990                 27 February 1992               28 March 1992

Algeria                      26 January 1990                 16 April 1993                     16 May 1993

Andorra                     2 October 1995                  2 January 1996                   1 February 1996

Angola                      14 February 1990                5 December 1990               4 January 1991


Antigua and

 Barbuda                    12 March 1991                    5 October 1993                  4 November 1993

Argentina                  29 June 1990                       4 December 1990               3 January 1991

Armenia                                                               23 June 1993 a/                  22 July 1993

Australia                   22 August 1990                  17 December 1990             16 January 1991

Austria                      26 January 1990                  6 August 1992                    5 September 1992


Azerbaijan                                                            13 August 1992 a/              12 September 1992

Bahamas                   30 October 1990                20 February 1991               22 March 1991

Bahrain                                                                13 February 1992 a/           14 March 1992

Bangladesh               26 January 1990                  3 August 1990                    2 September 1990

Barbados                   19 April 1990                      9 October 1990                  8 November 1990


Belarus                     26 January 1990                  1 October 1990                 31 October 1990

Belgium                    26 January 1990                 16 December 1991             15 January 1992

Belize                        2 March 1990                     2 May 1990                        2 September 1990

Benin                        25 April 1990                      3 August 1990                    2 September 1990

Bhutan                       4 June 1990                        1 August 1990                    2 September 1990

  

Bolivia                       8 March 1990                    26 June 1990                       2 September 1990

Bosnia and

 Herzegovina b/                                                                                                6 March 1992

Botswana                                                             14 March 1995 a/               13 April 1995

Brazil                        26 January 1990                 24 September 1990            24 October 1990

Brunei

 Darussalam                                                          27 December 1995 a/         26 January 1996







          


            a/ Accession.

            b/ Succession.


States                        Date of signature                Date of receipt of               Date of entry

                                                                             instrument of                      into force

                                                                             ratification/

                                                                             accession


Bulgaria                    31 May 1990                       3 June 1991                        3 July 1991

Burkina Faso            26 January 1990                 31 August 1990                  30 September 1990

Burundi                      8 May 1990                       19 October 1990                18 November 1990

Cambodia                 22 September 1992            15 October 1992                14 November 1992

Cameroon                 25 September 1990            11 January 1993                 10 February 1993


Canada                      28 May 1990                      13 December 1991             12 January 1992

Cape Verde                                                           4 June 1992 a/                    4 July 1992

Central African 

 Republic                   30 July 1990                       23 April 1992                     23 May 1992

Chad                         30 September 1990             2 October 1990                  1 November 1990

Chile                         26 January 1990                 13 August 1990                  12 September 1990


China                        29 August 1990                   2 March 1992                     1 April 1992

Colombia                  26 January 1990                 28 January 1991                 27 February 1991

Comoros                   30 September 1990            22 June 1993                      21 July 1993

Congo                                                                  14 October 1993 a/             13 November 1993

Cook Islands                                                         6 June 1997 a/                    6 July 1997


Costa Rica                26 January 1990                 21 August 1990                  20 September 1990

Côte d’Ivoire          26 January 1990                  4 February 1991                 6 March 1991

Croatia b/                                                                                                          8 October 1991

Cuba                         26 January 1990                 21 August 1991                  20 September 1991

Cyprus                       5 October 1990                  7 February 1991                 9 March 1991


Czech

 Republic b/                                                                                                  1 January 1993

Democratic               

 People’s

 Republic of

 Korea                        23 August 1990                  21 September 1990            21 October 1990

Democratic

 Republic of

 Congo                       20 March 1990                   27 September 1990        27 October 1990

Denmark                   26 January 1990                 19 July 1991                       18 August 1991

Djibouti                    30 September 1990             6 December 1990               5 January 1991


Dominica                  26 January 1990                 13 March 1991                   12 April 1991

Dominican

 Republic                    8 August 1990                   11 June 1991                      11 July 1991

Ecuador                    26 January 1990                 23 March 1990                    2 September 1990

Egypt                         5 February 1990                 6 July 1990                         2 September 1990

El Salvador               26 January 1990                 10 July 1990                        2 September 1990



States                        Date of signature                Date of receipt of               Date of entry

                                                                             instrument of                      into force

                                                                             ratification/

                                                                             accession  


Equatorial

 Guinea                                                                  15 June 1992 a/                  15 July 1992

Eritrea                       20 December 1993              3 August 1994                    2 September 1994

Estonia                                                                 21 October 1991 a/             20 November 1991

Ethiopia                                                                14 May 1991 a/                  13 June 1991

Fiji                             2 July 1993                        13 August 1993                  12 September 1993


Finland                     26 January 1990                 20 June 1991                      20 July 1991

France                       26 January 1990                  7 August 1990                    6 September 1990

Gabon                       26 January 1990                  9 February 1994                11 March 1994

Gambia                      5 February 1990                 8 August 1990                   7 September 1990

Georgia                                                                 2 June 1994 a/                   2 July 1994


Germany                   26 January 1990                  6 March 1992                    5 April 1992

Ghana                       29 January 1990                  5 February 1990                2 September 1990 Greece                      26 January 1990                 11 May 1993                      10 June 1993

Grenada                    21 February 1990                5 November 1990              5 December 1990

Guatemala                26 January 1990                  6 June 1990                       2 September 1990


Guinea                                                                  13 July 1990 a/                    2 September 1990

Guinea-Bissau          26 January 1990                 20 August 1990                  19 September 1990

Guyana                     30 September 1990            14 January 1991                 13 February 1991

Haiti                          20 January 1990                  8 June 1995                       8 July 1995

Holy See                   20 April 1990                     20 April 1990                     2 September 1990


Honduras                  31 May 1990                      10 August 1990                  9 September 1990

Hungary                    14 March 1990                    7 October 1991                  6 November 1991

Iceland                      26 January 1990                 28 October 1992                27 November 1992

India                                                                     11 December 1992 a/         11 January 1993

Indonesia                  26 January 1990                  5 September 1990             5 October 1990


Iran (Islamic

 Republic of)               5 September 1991             13 July 1994                       12 August 1994

Iraq                                                                       15 June 1994 a/                  15 July 1994

Ireland                      30 September 1990            28 September 1992            28 October 1992

Israel                          3 July 1990                         3 October 1991                  2 November 1991

Italy                          26 January 1990                  5 September 1991              5 October 1991


Jamaica                     26 January 1990                 14 May 1991                      13 June 1991

Japan                        21 September 1990            22 April 1994                     22 May 1994

Jordan                       29 August 1990                  24 May 1991                      23 June 1991

Kazakhstan               16 February 1994               12 August 1994                  11 September 1994

Kenya                       26 January 1990                 30 July 1990                        2 September 1990



States                        Date of signature                Date of receipt of               Date of entry

                                                                             instrument of                      into force

                                                                             ratification/

                                                                             accession


Kiribati                                                                 11 December 1995 a/         10 January 1996

Kuwait                       7 June 1990                       21 October 1991                20 November 1991

Kyrgyzstan                                                            7 October 1994                  6 November 1994

Lao People’s

 Democratic

 Republic                                                                8 May 1991 a/                    7 June 1991

Latvia                                                                   14 April 1992 a/                 14 May 1992

 

Lebanon                    26 January 1990                 14 May 1991                      13 June 1991

Lesotho                     21 August 1990                  10 March 1992                    9 April 1992

Liberia                      26 April 1990                      4 June 1993                        4 July 1993

Libyan Arab 

 Jamahiriya                                                            15 April 1993 a/                 15 May 1993

Liechtenstein            30 September 1990            22 December 1995             21 January 1996


Lithuania                                                              31 January 1992 a/              1 March 1992

Luxembourg             21 March 1990                    7 March 1994                     6 April 1994

Madagascar              19 April 1990                     19 March 1991                   18 April 1991

Malawi                                                                  2 January 1991 a/               1 February 1991

Malaysia                                                              17 February 1995 a/           19 March 1995


Maldives                   21 August 1990                  11 February 1991               13 March 1991

Mali                          26 January 1990                 20 September 1990            20 October 1990

Malta                        26 January 1990                 30 September 1990            30 October 1990

Marshall 

 Islands                      14 April 1993                      4 October 1993                  3 November 1993

Mauritania                26 January 1990                 16 May 1991                      15 June 1991


Mauritius                                                              26 July 1990 a/                    2 September 1990

Mexico                     26 January 1990                 21 September 1990            21 October 1990

Micronesia 

 (Federated

 States of)                                                               5 May 1993 a/                    4 June 1993

Monaco                                                                21 June 1993 a/                  21 July 1993

Mongolia                  26 January 1990                  5 July 1990                         2 September 1990


Morocco                   26 January 1990                 21 June 1993                      21 July 1993

Mozambique             30 September 1990            26 April 1994                     26 May 1994

Myanmar                                                              15 July 1991 a/                   14 August 1991

Namibia                    26 September 1990            30 September 1990            30 October 1990

Nauru                                                                   27 July 1994 a/                   26 August 1994


Nepal                        26 January 1990                 14 September 1990            14 October 1990

Netherlands              26 January 1990                  6 February 1995                 7 March 1995

New Zealand             1 October 1990                  6 April 1993                       6 May 1993

Nicaragua                  6 February 1990                 5 October 1990                  4 November 1990

Niger                        26 January 1990                 30 September 1990            30 October 1990



States                        Date of signature                Date of receipt of               Date of entry

                                                                             instrument of                      into force

                                                                             ratification/

                                                                             accession


Nigeria                      26 January 1990                 19 April 1991                     19 May 1991

Niue                                                                     20 December 1995 a/         19 January 1996

Norway                     26 January 1990                  8 January 1991                   7 February 1991

Oman                                                                    9 December 1996 a/           8 January 1997

Pakistan                    20 September 1990            12 November 1990            12 December 1990

 

Palau                                                                     4 August 1995 a/                3 September 1995

Panama                     26 January 1990                 12 December 1990             11 January 1991

Papua

 New Guinea              30 September 1990             1 March 1993                    31 March 1993

Paraguay                    4 April 1990                      25 September 1990            25 October 1990

Peru                          26 January 1990                  4 September 1990              4 October 1990


Philippines                26 January 1990                 21 August 1990                  20 September 1990

Poland                      26 January 1990                  7 June 1991                        7 July 1991

Portugal                    26 January 1990                 21 September 1990            21 October 1990 Qatar                          8 December 1992               3 April 1995                       3 May 1995

Republic of  

 Korea                        25 September 1990            20 November 1991            20 December 1991


Republic of

 Moldova                                                               26 January 1993 a/             25 February 1993

Romania                   26 January 1990                 28 September 1990            28 October 1990

Russian

 Federation                 26 January 1990                 16 August 1990                  15 September 1990

Rwanda                    26 January 1990                 24 January 1991                 23 February 1991

Saint Kitts

 and Nevis                  26 January 1990                 24 July 1990                        2 September 1990


Saint Lucia                                                           16 June 1993 a/                  16 July 1993

Saint Vincent

 and the

 Grenadines               20 September 1993            26 October 1993                25 November 1993

Samoa                       30 September 1990            29 November 1994            29 December 1994

San Marino                                                          25 November 1991 a/         25 December 1991

Sao Tome 

 and Principe                                                         14 May 1991 a/                  13 June 1991


Saudi Arabia                                                        26 January 1996 a/             25 February 1996

Senegal                     26 January 1990                 31 July 1990                        2 September 1990

Seychelles                                                             7 September 1990 a/          7 October 1990

Sierra Leone             13 February 1990               18 June 1990                       2 September 1990

Singapore                                                              5 October 1995 a/               4 November 1995



States                        Date of signature                Date of receipt of               Date of entry

                                                                             instrument of                      into force

                                                                             ratification/

                                                                             accession


Slovakia b/                                                                                                        1 January 1993

Slovenia b/                                                                                                       25 June 1991

Solomon

 Islands                                                                  10 April 1995 a/                 10 May 1995

South Africa             29 January 1993                 16 June 1995                      16 July 1995

Spain                        26 January 1990                  6 December 1990               5 January 1991


Sri Lanka                  26 January 1990                 12 July 1991                       11 August 1991

Sudan                        24 July 1990                        3 August 1990                    2 September 1990

Suriname                  26 January 1990                  1 March 1993                    31 March 1993

Swaziland                 22 August 1990                   7 September 1995              6 October 1995

Sweden                     26 January 1990                 29 June 1990                       2 September 1990


Switzerland                1 May 1991                       24 February 1997               26 March 1997

Syrian Arab 

 Republic                   18 September 1990            15 July 1993                       14 August 1993

Tajikistan                                                             26 October 1993 a/             25 November 1993

Thailand                                                               27 March 1992 a/               26 April 1992

The former

 Yugoslav

 Republic of

 Macedonia b/                                                                                                   17 September 1991


Togo                         26 January 1990                  1 August 1990                    2 September 1990

Tonga                                                                    6 November 1995 a/           6 December 1995

Trinidad and

 Tobago                     30 September 1990             5 December 1991               4 January 1992

Tunisia                      26 February 1990               30 January 1992                 29 February 1992

Turkey                      14 September 1990             4 April 1995                       4 May 1995


Turkmenistan                                                       20 September 1993 a/        19 October 1993

Tuvalu                                                                  22 September 1995 a/        22 October 1995

Uganda                     17 August 1990                  17 August 1990                  16 September 1990

Ukraine                     21 February 1991               28 August 1991                  27 September 1991

United Arab

  Emirates                                                               3 January 1997 a/               2 February 1997


United Kingdom

 of Great Britain

 and Northern

 Ireland                      19 April 1990                     16 December 1991             15 January 1992

United

 Republic

 of Tanzania                1 June 1990                       10 June 1991                      10 July 1991

Uruguay                    26 January 1990                 20 November 1990            20 December 1990

Uzbekistan                                                           29 June 1994 a/                  29 July 1994

Vanuatu                    30 September 1990             7 July 1993                         6 August 1993




States                        Date of signature                Date of receipt of               Date of entry

                                                                             instrument of                      into force

                                                                             ratification/

                                                                             accession


Venezuela                 26 January 1990                 13 September 1990            13 October 1990

Viet Nam                  26 January 1990                 28 February 1990               2 September 1990

Yemen                      13 February 1990                1 May 1991                       31 May 1991

Yugoslavia               26 January 1990                  3 January 1991                   2 February 1991

Zambia                     30 September 1990             5 December 1991               5 January 1992


Zimbabwe                  8 March 1990                    11 September 1990            11 October 1990



Annex II


MEMBERSHIP OF THE COMMITTEE ON THE RIGHTS OF THE CHILD


 

Name of member                                                                                 Country of nationality

 

Mr. Jacob Egbert DOEK**                                                                  Netherlands

Mrs. Amina Hamza EL GUINDI**                                                     Egypt

Mr. Francesco Paolo FULCI*                                                              Italy

Mrs. Judith KARP**                                                                           Israel

Mrs. Nafsiah MBOI*                                                                           Indonesia

Mrs. Esther Margaret Queen MOKHUANE*                                      South Africa

Mrs. Awa N’Deye OUEDRAOGO**                                                Burkina Faso

Mr. Ghassan Salim RABAH*                                                              Lebanon

Mrs. Marilia SARDENBERG*                                                            Brazil

Mrs. Elisabeth TIGERSTEDT-TÄHTELÄ**                                                                                                                                       Finland
































            * Term expires on 28 February 2001


     ** Term expires on 28 February 2003



Annex III

 

STATUS OF SUBMISSION OF REPORTS BY STATES PARTIES UNDER ARTICLE 44 OF

THE CONVENTION ON THE RIGHTS OF THE CHILD AS AT 4 JUNE 1999

 

Initial reports due in 1992

State party

Date of entry into force

Date due

Date of submission

Symbol

Bangladesh

Barbados

Belarus

Belize

Benin

 2 September 1990

 8 November 1990

31 October 1990

 2 September 1990

 2 September 1990

 1 September 1992

 7 November 1992

30 October 1992

 1 September 1992

 1 September 1992

15 November 1995

12 September 1996

12 February 1993

 1 November 1996

22 January 1997

CRC/C/3/Add.38 and Add.49

CRC/C/3/Add.45

CRC/C/3/Add.14

CRC/C/3/Add.46

CRC/C/3/Add.52

Bhutan

Bolivia

Brazil

Burkina Faso

Burundi

 2 September 1990

 2 September 1990

24 October 1990

30 September 1990

18 November 1990

 1 September 1992

 1 September 1992

23 October 1992

29 September 1992

17 November 1992

20 April 1999

14 September 1992


 7 July 1993

19 March 1998

CRC/C/3/Add.59

CRC/C/3/Add.2


CRC/C/3/Add.19

CRC/C/3/Add.58

Chad

Chile

Costa Rica

Democratic

 People's Republic

 of Korea

Democratic

 Republic of the

 Congo

 1 November 1990

12 September 1990

20 September 1990



21 October 1990



27 October 1990

31 October 1992

11 September 1992

20 September 1992



20 October 1992



26 October 1992

14 January 1997

22 June 1993

28 October 1992



13 February 1996



16 February 1998

CRC/C/3/Add.50

CRC/C/3/Add.18

CRC/C/3/Add.8



CRC/C/3/Add.41



CRC/C/3/Add.57

Ecuador

Egypt

El Salvador

France

Gambia

 2 September 1990

 2 September 1990

 2 September 1990

 6 September 1990

 7 September 1990

 1 September 1992

 1 September 1992

 1 September 1992

 5 September 1992

 6 September 1992

11 June 1996

23 October 1992

 3 November 1992

 8 April 1993

CRC/C/3/Add.44

CRC/C/3/Add.6

CRC/C/3/Add.9 and Add.28

CRC/C/3/Add.15

 

 

 


Initial reports due in 1992 (continued)

State party

Date of entry into force

Date due

Date of submission

Symbol

Ghana

Grenada

Guatemala

Guinea

Guinea-Bissau

 2 September 1990

 5 December 1990

 2 September 1990

 2 September 1990

19 September 1990

 1 September 1992

 4 December 1992

 1 September 1992

 1 September 1992

18 September 1992

20 November 1995

24 September 1997

 5 January 1995

20 November 1996

CRC/C/3/Add.39

CRC/C/3/Add.55

CRC/C/3/Add.33

CRC/C/3/Add.48

Holy See

Honduras

Indonesia

Kenya

Mali

 2 September 1990

 9 September 1990

 5 October 1990

 2 September 1990

20 October 1990

 1 September 1992

 8 September 1992

 4 October 1992

 1 September 1992

19 October 1992

 2 March 1994

11 May 1993

17 November 1992


 2 April 1997

CRC/C/3/Add.27

CRC/C/3/Add.17

CRC/C/3/Add.10 and Add.26


CRC/C/3/Add.53

Malta

Mauritius

Mexico

Mongolia

Namibia

30 October 1990

 2 September 1990

21 October 1990

 2 September 1990

30 October 1990

29 October 1992

 1 September 1992

20 October 1992

 1 September 1992

29 October 1992

26 December 1997

25 July 1995

15 December 1992

20 October 1994

21 December 1992

CRC/C/3/Add.56

CRC/C/3/Add.36

CRC/C/3/Add.11

CRC/C/3/Add.32

CRC/C/3/Add.12

Nepal

Nicaragua

Niger

Pakistan

Paraguay

14 October 1990

 4 November 1990

30 October 1990

12 December 1990

25 October 1990

13 October 1992

 3 November 1992

29 October 1992

11 December 1992

24 October 1992

10 April 1995

12 January 1994


25 January 1993

30 August 1993 and 13 November 1996

CRC/C/3/Add.34

CRC/C/3/Add.25


CRC/C/3/Add.13

CRC/C/3/Add.22 and Add.47

Peru

Philippines

Portugal

Romania

Russian Federation

 4 October 1990

20 September 1990

21 October 1990

28 October 1990

15 September 1990

 3 October 1992

19 September 1992

20 October 1992

27 October 1992

14 September 1992

28 October 1992

21 September 1993

17 August 1994

14 April 1993

16 October 1992

CRC/C/3/Add.7 and Add.24

CRC/C/3/Add.23

CRC/C/3/Add.30

CRC/C/3/Add.16

CRC/C/3/Add.5

 

 

 

 

 

 

 

 

 

 

Initial reports due in 1992 (continued)

State party

Date of entry into

force

     Date due

Date of submission

    Symbol

Saint Kitts and

 Nevis

Senegal

Seychelles

Sierra Leone

Sudan


 2 September 1990

 2 September 1990

 7 October 1990

 2 September 1990

 2 September 1990


 1 September 1992

 1 September 1992

 6 October 1992

 1 September 1992 

 1 September 1992


21 January 1997

12 September 1994


10 April 1996

29 September 1992


CRC/C/3/Add.51

CRC/C/3/Add.31


CRC/C/3/Add.43

CRC/C/3/Add.3 and Add.20

Sweden

Togo

Uganda

Uruguay

Venezuela

 2 September 1990

 2 September 1990

16 September 1990

20 December 1990

13 October 1990

 1 September 1992

 1 September 1992

15 September 1992

19 December 1992

12 October 1992

 7 September 1992

27 February 1996

 1 February 1996

 2 August 1995

 9 July 1997

CRC/C/3/Add.1

CRC/C/3/Add.42

CRC/C/3/Add.40

CRC/C/3/Add.37

CRC/C/3/Add.54

Viet Nam

Zimbabwe

 2 September 1990

11 October 1990

 1 September 1992

10 October 1992

30 September 1992

23 May 1995

CRC/C/3/Add.4 and Add.21

CRC/C/3/Add.35

Initial reports due in 1993

Angola

Argentina

Australia

Bahamas

Bulgaria

 4 January 1991

 3 January 1991

16 January 1991

22 March 1991

 3 July 1991

 3 January 1993

 2 January 1993

15 January 1993

21 March 1993

 2 July 1993


17 March 1993

 8 January 1996


29 September 1995


CRC/C/8/Add.2 and Add.17

CRC/C/8/Add.31


CRC/C/8/Add.29

Colombia

Côte d'Ivoire

Croatia

Cuba

Cyprus

27 February 1991

 6 March 1991

 7 November 1991

20 September 1991

 9 March 1991

26 February 1993

 5 March 1993

 6 November 1993

19 September 1993

 8 March 1993

14 April 1993

22 January 1998

 8 November 1994

27 October 1995

22 December 1994

CRC/C/8/Add.3

CRC/C/8/Add.41

CRC/C/8/Add.19

CRC/C/8/Add.30

CRC/C/8/Add.24

Initial reports due in 1993 (continued)

State party

Date of entry into

force

    Date due

Date of submission

    Symbol

Denmark

Djibouti

Dominica

Dominican Republic

Estonia

18 August 1991

 5 January 1991

12 April 1991

11 July 1991

20 November 1991

17 August 1993

 4 January 1993

11 April 1993

10 July 1993

19 November 1993

14 September 1993

17 February 1998

CRC/C/8/Add.8

CRC/C/8/Add.39

 1 December 1999

CRC/C/8/Add.40

Ethiopia

Finland

Guyana

Hungary

Israel

13 June 1991

20 July 1991

13 February 1991

 6 November 1991

 2 November 1991

12 June 1993

19 July 1993

12 February 1993

 5 November 1993

 1 November 1993

10 August 1995

12 December 1994


28 June 1996

CRC/C/8/Add.27

CRC/C/8/Add.22


CRC/C/8/Add.34

Italy

Jamaica

Jordan

Kuwait

Lao People's

 Democratic

 Republic

 5 October 1991

13 June 1991

23 June 1991

20 November 1991



 7 June 1991

 4 October 1993

12 June 1993

22 June 1993

19 November 1993



 6 June 1993

11 October 1994

25 January 1994

25 May 1993

23 August 1996



18 January 1996

CRC/C/8/Add.18

CRC/C/8/Add.12

CRC/C/8/Add.4

CRC/C/8/Add.35



CRC/C/8/Add.32

Lebanon

Madagascar

Malawi

Maldives

Mauritania

13 June 1991

18 April 1991

 1 February 1991

13 March 1991

15 June 1991

12 June 1993

17 May 1993

31 January 1993

12 March 1993

14 June 1993

21 December 1994

20 July 1993


 6 July 1994

CRC/C/8/Add.23

CRC/C/8/Add.5


CRC/C/8/Add.33 and Add.37

Myanmar

Nigeria

Norway

Panama

Poland

14 August 1991

19 May 1991

 7 February 1991

11 January 1991

 7 July 1991

13 August 1993

18 May 1993

 6 February 1993

10 January 1993

 6 July 1993

14 September 1995

19 July 1995

30 August 1993

19 September 1995

11 January 1994

CRC/C/8/Add.9

CRC/C/8/Add.26

CRC/C/8/Add.7

CRC/C/8/Add.28

CRC/C/8/Add.11

Initial reports due in 1993 (continued)

State party

Date of entry into

force

    Date due

Date of submission

    Symbol

Republic of Korea

Rwanda

San Marino

Sao Tome and

 Principe

Slovenia

20 December 1991

23 February 1991

25 December 1991


13 June 1991

25 June 1991

19 December 1993

22 February 1993

24 December 1993


12 June 1993

24 June 1993

17 November 1994

30 September 1992




29 May 1995

CRC/C/8/Add.21

CRC/C/8/Add.1




CRC/C/8/Add.25

Spain

Sri Lanka

The former

 Yugoslav Republic

 of Macedonia

Ukraine

United Republic of

 Tanzania

 5 January 1991

11 August 1991



17 September 1991

27 September 1991


10 July 1991

 4 January 1993

10 August 1993



16 September 1993

26 September 1993


 9 July 1993

10 August 1993

23 March 1994



 4 March 1997

 8 October 1993


CRC/C/8/Add.6

CRC/C/8/Add.13



CRC/C/8/Add.36

CRC/C/8/Add.10/Rev.1

Yemen

Yugoslavia

31 May 1991

 2 February 1991

30 May 1993

 1 February 1993

14 November 1994

21 September 1994

CRC/C/8/Add.20 and Add.38

CRC/C/8/Add.16


Initial reports due in 1994

Albania

Austria

Azerbaijan

Bahrain

Belgium

28 March 1992

 5 September 1992

12 September 1992

14 March 1992

15 January 1992

27 March 1994

 4 September 1994

11 September 1994

14 March 1994

14 January 1994


 8 October 1996

 9 November 1995


12 July 1994


CRC/C/11/Add.14

CRC/C/11/Add.8


CRC/C/11/Add.4

Bosnia and

 Herzegovina

Cambodia

Canada

Cape Verde

Central African

 Republic


 6 March 1992

14 November 1992

12 January 1992

 4 July 1992


23 May 1992


 5 March 1994

15 November 1994

11 January 1994

 3 July 1994


23 May 1994



18 December 1997

17 June 1994



15 April 1998



CRC/C/11/Add.16

CRC/C/11/Add.3



CRC/C/11/Add.18

Initial reports due in 1994 (continued)

State party

Date of entry into force

Date due

Date of submission

Symbol

China

Czech Republic

Equatorial Guinea

Germany

Iceland

 1 April 1992

 1 January 1993

15 July 1992

 5 April 1992

27 November 1992

31 March 1994

31 December 1994

14 July 1994

 4 May 1994

26 November 1994

27 March 1995

 4 March 1996


30 August 1994

30 November 1994

CRC/C/11/Add.7

CRC/C/11/Add.11


CRC/C/11/Add.5

CRC/C/11/Add.6

Ireland

Latvia

Lesotho

Lithuania

Slovakia

28 October 1992

14 May 1992

 9 April 1992

 1 March 1992

 1 January 1993

27 October 1994

13 May 1994

 8 April 1994

28 February 1994

31 December 1994

 4 April 1996

25 November 1998

27 April 1998

 6 August 1998

 6 April 1998

CRC/C/11/Add.12

CRC/C/11/Add.22

CRC/C/11/Add.20

CRC/C/11/Add.21

CRC/C/11/Add.17

Thailand

Trinidad and

 Tobago

Tunisia

United Kingdom of

 Great Britain and

 Northern Ireland



Zambia

26 April 1992


 4 January 1992

29 February 1992



15 January 1992



 5 January 1992

25 April 1994


 3 January 1994

28 February 1994



14 January 1994



 4 January 1994

23 August 1996


16 February 1996

16 May 1994



15 March 1994

CRC/C/11/Add.13


CRC/C/11/Add.10

CRC/C/11/Add.2



CRC/C/11/Add.1, Add.9,

Add.15 and Add.15/Corr.1, Add.19

Initial reports due in 1995

Algeria

Antigua and

 Barbuda

Armenia

Cameroon

Comoros

16 May 1993


 4 November 1993

23 July 1993

10 February 1993

22 July 1993

15 May 1995


 3 November 1995

 5 August 1995

 9 February 1995

21 July 1995

16 November 1995



19 February 1997


24 March 1998

CRC/C/28/Add.4



CRC/C/28/Add.9


CRC/C/28/Add.13

Initial reports due in 1995 (continued)

State party

Date of entry into force

Date due

Date of submission

Symbol

Congo

Fiji

Greece

India

Liberia

13 November 1993

12 September 1993

10 June 1993

11 January 1993

 4 July 1993

12 November 1995

11 September 1995

 9 June 1995

10 January 1995

 3 July 1995


12 June 1996


19 March 1997


CRC/C/28/Add.7


CRC/C/28/Add.10

Libyan Arab

 Jamahiriya

Marshall Islands

Micronesia

 (Federated

 States of)

Monaco

Morocco


15 May 1993

 3 November 1993



 4 June 1993

21 July 1993

21 July 1993


14 May 1995

 2 November 1995



 3 June 1995

20 July 1995

20 July 1995


23 May 1996

18 March 1998



16 April 1996


27 July 1995


CRC/C/28/Add.6

CRC/C/28/Add.12



CRC/C/28/Add.5


CRC/C/28/Add.1

New Zealand

Papua New Guinea

Republic of

 Moldova

Saint Lucia

Saint Vincent and

  the Grenadines

 6 May 1993

31 March 1993


25 February 1993

16 July 1993


25 November 1993

 5 May 1995

31 March 1995


24 February 1995

15 July 1995


24 November 1995

29 September 1995

CRC/C/28/Add.3

 

 

Suriname

Syrian Arab

 Republic

Tajikistan

Turkmenistan

Vanuatu

31 March 1993


14 August 1993

25 November 1993

20 October 1993

 6 August 1993

31 March 1995


13 August 1995

24 November 1995

19 October 1995

 5 August 1995

13 February 1998


22 September 1995

14 April 1998


27 January 1997

CRC/C/28/Add.11


CRC/C/28/Add.2

CRC/C/28/Add.14


CRC/C/28/Add.8

Initial reports due in 1996

State party

Date of entry into force

Date due

Date of submission

Symbol

Afghanistan

Gabon

Luxembourg

Japan

Mozambique

27 April 1994

11 March 1994

 6 April 1994

22 May 1994

26 May 1994

26 April 1996

10 March 1996

 5 April 1996

21 May 1996

25 May 1996



26 July 1996

30 May 1996



CRC/C/41/Add.2

CRC/C/41/Add.1

Georgia

Iraq

United Kingdom of

 Great Britain and

 Northern Ireland

 (Overseas

 Territories)

Uzbekistan

Iran (Islamic

  Republic of)

 2 July 1994

15 July 1994





 7 September 1994

29 July 1994


12 August 1994

 1 July 1996

14 July 1996





 6 September 1996

28 July 1996


11 August 1996

 7 April 1997

 6 August 1996





26 May 1999



 9 December 1997

CRC/C/41/Add.4

CRC/C/41/Add.3





CRC/C/41/Add.7



CRC/C/41/Add.5

Nauru

Eritrea

Kazakstan

Kyrgyzstan

Samoa

26 August 1994

 2 September 1994

11 September 1994

 6 November 1994

29 December 1994

25 August 1996

 1 September 1996

10 September 1996

 5 November 1996

28 December 1996




16 February 1998




CRC/C/41/Add.6

Initial reports due in 1997

Netherlands

Malaysia

Botswana

Qatar

Turkey

 7 March 1995

19 March 1995

13 April 1995

 3 May 1995

 4 May 1995

 6 March 1997

18 March 1997

12 April 1997

 2 May 1997

 3 May 1997

15 May 1997

CRC/C/51/Add.1

Initial reports due in 1997 (continued)

State party

Date of entry into force

Date due

Date of submission

Symbol

Solomon Islands

Haiti

South Africa

Palau

Swaziland

10 May 1995

 8 July 1995

16 July 1995

 3 September 1995

 6 October 1995

 9 May 1997

 7 July 1997

15 July 1997

 3 September 1997

 5 October 1997



 4 December 1997

21 October 1998



CRC/C/51/Add.2

CRC/C/51/Add.3

Tuvalu

Singapore

Tonga

22 October 1995

 4 November 1995

 6 December 1995

21 October 1997

 3 November 1997

 5 December 1997

 

 

Initial reports due in 1998

Kiribati

Niue

Liechtenstein

Brunei Darussalam

Andorra

10 January 1996

19 January 1996

21 January 1996

26 January 1996

 1 February 1996

 9 January 1998

18 January 1998

20 January 1998

25 January 1998

31 January 1998



22 September 1998



CRC/C/61/Add.1

Saudi Arabia

25 February 1996

24 February 1998

21 October 1999

CRC/C/61/Add.2


Initial reports due in 1999

United Arab

 Emirates

Switzerland

Cook Islands


 2 February 1997

26 March 1997

 6 July 1997


 1 February 1999

25 March 1999

 5 July 1999

 

 

 


Second periodic reports due in 1997


State party                           Date due                      Date of submission                Symbol


Bangladesh                        1 September 1997 

Barbados                           7 November 1997

Belarus                             30 October 1997               20 May 1999                    CRC/C/65/Add.14

Belize                                1 September 1997

Benin                                 1 September 1997


Bhutan                               1 September 1997

Bolivia                              1 September 1997            12 August 1997                CRC/C/65/Add.1

Brazil                               23 October 1997

Burkina Faso                    29 September 1997

Burundi                            17 November 1997


Chad                                 31 October 1997

Chile                                11 September 1997           10 February 1999             CRC/C/65/Add.13

Costa Rica                        20 September 1997           20 January 1998               CRC/C/65/Add.7

Democratic People's

  Republic of Korea           20 October 1997

Democratic Republic

  of the Congo                   26 October 1997


Ecuador                             1 September 1997

Egypt                                 1 September 1997            18 September 1998          CRC/C/65/Add.9

El Salvador                       1 September 1997

France                               5 September 1997

Gambia                             6 September 1997


Ghana                                1 September 1997

Grenada                             4 December 1997

Guatemala                         1 September 1997             7 October 1998                CRC/C/65/Add.10

Guinea                               1 September 1997

GuineaBissau                18 September 1997


Holy See                           1 September 1997

Honduras                           8 September 1997            18 September 1997          CRC/C/65/Add.2

Indonesia                           4 October 1997

Kenya                                1 September 1997

Mali                                  19 October 1997


Malta                                29 October 1997

Mauritius                           1 September 1997

Mexico                             20 October 1997               14 January 1998               CRC/C/65/Add.6

Mongolia                           1 September 1997

Namibia                           29 October 1997


Nepal                                13 October 1997

Nicaragua                          3 November 1997            12 November 1997           CRC/C/65/Add.4

Niger                                29 October 1997

Pakistan                            11 December 1997

Paraguay                          24 October 1997               12 October 1998               CRC/C/65/Add.12


Second periodic reports due in 1997 (continued)


State party                         Date due                        Date of submission            Symbol


Peru                                   3 October 1997                25 March 1998                 CRC/C/65/Add.8

Philippines                       19 September 1997

Portugal                            20 October 1997                8 October 1998                CRC/C/65/Add.11

Romania                           27 October 1997

Russian Federation           14 September 1997           12 January 1998               CRC/C/65/Add.5


Saint Kitts                         1 September 1997

  and Nevis                        

Senegal                              1 September 1997

Seychelles                         6 October 1997

Sierra Leone                      1 September 1997

Sudan                                1 September 1997


Sweden                             1 September 1997            25 September 1997          CRC/C/65/Add.3

Togo                                  1 September 1997

Uganda                             15 September 1997

Uruguay                           19 December 1997

Venezuela                        12 October 1997


Viet Nam                           1 September 1997

Zimbabwe                        10 October 1997


Second periodic reports due in 1998


Angola                              3 January 1998

Argentina                          2 January 1998

Australia                           15 January 1998

Bahamas                           21 March 1998

Bulgaria                            2 July 1998


Colombia                         26 February 1998               9 September 1998           CRC/C/70/Add.5

Côte d'Ivoire                     5 March 1998

Croatia                              7 October 1998

Cuba                                 19 September 1998

Cyprus                               8 March 1998


Denmark                          17 August 1998                 15 September 1998          CRC/C/70/Add.6

Djibouti                             4 January 1998

Dominica                         11 April 1998

Dominican Republic        10 July 1998

Estonia                             19 November 1998


Ethiopia                            12 June 1998                     28 September 1998          CRC/C/70/Add.7

Finland                             19 July 1998                       3 August 1998                 CRC/C/70/Add.3

Guyana                             12 February 1998

Hungary                            5 November 1998

Israel                                 1 November 1998



Second periodic reports due in 1998 (continued)


State party                         Date due                        Date of submission            Symbol


Italy                                   4 October 1998

Jamaica                            12 June 1998

Jordan                               22 June 1998                      5 August 1998                 CRC/C/70/Add.4

Kuwait                             19 November 1998

Lao People's

  Democratic

  Republic                           6 June 1998


Lebanon                           12 June 1998                      4 December 1998            CRC/C/70/Add.8

Madagascar                      17 April 1998

Malawi                             31 January 1998

Maldives                          12 March 1998

Mauritania                        14 June 1998


Myanmar                          13 August 1998

Nigeria                             18 May 1998

Norway                             6 February 1998                1 July 1998                      CRC/C/70/Add.2

Panama                            10 January 1998

Poland                               6 July 1998


Republic of Korea            19 December 1998

Rwanda                            22 February 1998

San Marino                      24 December 1998

Sao Tome and

  Principe                           12 June 1998

Slovenia                           24 June 1998


Spain                                 4 January 1998                  1 June 1999                     CRC/C/70/Add.9

Sri Lanka                          10 August 1998

The former Yugoslav

  Republic of

  Macedonia                      16 September 1998

Ukraine                            26 September 1998

United Republic

  of Tanzania                      9 July 1998


Yemen                              30 May 1998                      3 February 1998              CRC/C/70/Add.1

Yugoslavia                        1 February 1998


Second periodic reports due in 1999


Albania                             27 March 1999

Austria                              4 September 1999

Azerbaijan                        11 September 1999

Bahrain                             14 March 1999

Belgium                           15 January 1999                 7 May 1999                     CRC/C/83/Add.2





Second periodic reports due in 1999 (continued)


State party                         Date due                        Date of submission            Symbol


Bosnia and

  Herzegovina                     5 March 1999

Cambodia                         15 November 1999

Canada                             11 January 1999

Cape Verde                       3 July 1999

Central African

  Republic                          23 May 1999


China                                31 March 1999

Czech Republic                31 December 1999

Equatorial Guinea            14 July 1999

Germany                           4 May 1999

Iceland                             26 November 1999


Ireland                              27 October 1999

Latvia                               13 May 1999

Lesotho                             8 April 1999

Lithuania                          28 February 1999

Slovakia                           31 December 1999


Thailand                           25 April 1999

Trinidad and Tobago         3 January 1999

Tunisia                             28 February 1999              16 March 1999                 CRC/C/83/Add.1

United Kingdom of

  Great Britain and

  Northern Ireland              14 January 1999

Zambia                              4 January 1999



Annex IV


TENTH ANNIVERSARY MEETING OF THE COMMITTEE ON THE

RIGHTS OF THE CHILD: ACHIEVEMENTS AND CHALLENGES


Introduction


            On 20 November 1999, the international community will celebrate the tenth anniversary of the adoption of the Convention on the Rights of the Child by the United Nations General Assembly. To mark this anniversary, the High Commissioner for Human Rights suggested to the Committee on the Rights of the Child at the opening of its twentieth session in January 1999 that a meeting be organized, within the framework of the twenty-second session of the Committee, to assess the impact of the Convention and to elaborate recommendations to improve its implementation. In view of this suggestion, the Committee exceptionally decided, during its twentieth session in January 1999, to postpone its next thematic debate to 2000 and instead agreed to co-organize, with the Office of the High Commissioner for Human Rights, a two-day workshop entitled “The Convention on the Rights of the Child: a decade of achievements and challenges”.


            The meeting to celebrate the tenth anniversary of the Convention will take place in Geneva on Thursday, 30 September and Friday, 1 October 1999.


General information


            The meeting will have two main objectives: to celebrate the tenth anniversary of the Convention and to highlight major achievements and constraints in its implementation. The meeting will review the impact of the Convention, following the approach favoured by the Committee, with the main focus on the lessons learned from implementation efforts at the national level. The discussions will keep a clear focus on the needs to:


            (a)       Identify achievements and examples of best practice;


            (b)       Identify challenges for the future and examples of constraints;


            (c)       Formulate recommendations for future improvements.


            A draft agenda for the meeting has been prepared (see below) by the Office of the High Commissioner for Human Rights which emphasizes the role of “general implementation measures” in the review of the implementation of the Convention. The draft agenda will be adopted by the High Commissioner and the Committee on the Rights of the Child during its twenty-first session.


            The format of the meeting will be as follows:


            (a)       A high-level segment will discuss implementation of the Convention at the international level in the morning of the first day, bringing together the Committee on the Rights of the Child, heads of United Nations agencies and bodies (OHCHR, UNICEF, ILO, UNHCR, WHO, UNESCO) and an NGO (chair of the NGO Group) to commemorate the tenth anniversary of the Convention;


            (b)       “General measures of implementation” will be discussed in three different clusters, with roundtable sessions held concurrently during the afternoon of the first day and the morning of the second day. The round tables will reach final agreement on the formulation of recommendations and present them to a closing plenary session during the afternoon of the second day;


            (c)       Round tables will be based on a discussion paper (detailed outline) drafted by OHCHR in consultation with Committee members and traditional partners (UNICEF, NGO Group);


            (d)       Each round table will be chaired by a member of the Committee on the Rights of the Child;


            (e)       Draft proposed recommendations on measures needed to improve implementation of the Convention will be prepared by each round table, for adoption by the Committee at the end of its twenty-second session;


            (f)        In addition to a formal reception, to be held on the evening of the first day of the meeting, plans are being prepared to stage a musical performed by a group of Filipino former street children, in collaboration with the Stairway Foundation.


            Participation at the meeting is proposed to be the following:


            (a)       High-level segment: it is suggested that the meeting involve a high-level plenary session, hosted jointly by the Committee on the Rights of the Child and the High Commissioner for Human Rights, bringing together the heads of key United Nations programmes and agencies and an NGO (Chair of the NGO Group for the Convention on the Rights of the Child), to discuss the impact of the Convention at the international level;

 

            (b)       Government involvement: formal invitations will go out to all Governments, encouraging them to participate actively in both segments of the meeting;


            (c)       United Nations agencies, NGOs and individual experts: the meeting will be open to the public, with information distributed to United Nations programmes and agencies, NGOs and other interested individuals and organizations in the manner already in use for the thematic debates held yearly by the Committee. In addition, individual agency officials, experts and NGOs will be included among panellists invited to prepare brief presentations on the different topics to be addressed during the roundtable sessions chaired by Committee members;


            (d)       Children: different possibilities are being explored for involving children in the meeting, either from among those participating in the Committee reporting process under a UNICEF project or those performing in the musical organized to mark the event.




Expected results


            The outcome of the meeting is expected to be:


            (a)       Commemoration of the tenth anniversary of the Convention on the Rights of the Child by the High Commissioner for Human Rights and the Committee on the Rights of the Child, in cooperation with traditional partners (UNICEF and the NGO Group);


            (b)       Adoption of a set of recommendations by the Committee for future implementation of the Convention, which can be of use for the United Nations and other partners in connection with the celebrations organized for 20 November 1999;


            (c)       A report containing useful information regarding examples of best practices and a discussion of shortcomings and future challenges faced in the effort to implement the Convention at the international and national levels, to be included in the report on the twenty-second session of the Committee;


            (d)       Depending on the quality of the papers and other materials submitted, possible publication of a collective volume within the publications programme of OHCHR.




Proposed agenda


Day I - Morning - Plenary

 

10.00-10.15                Opening: brief welcome by CRC Chairperson and Mrs. Robinson (5 minutes)

 

10.15-13.00                Plenary session: the Convention and the international community

 

10.15-11.30                Child rights  a priority on the international agenda

 

                                    -     Statements by heads of agencies (10 minutes each): OHCHR, UNICEF, WHO, UNESCO, international NGOs

 

                                    -     Questions and discussion (20 minutes)

 

11.30-12.15                Impact of the Convention on standard-setting

 

                                    -     Statements by heads of agencies (10 minutes each): ILO, UNHCR

 

                                    -     Questions and discussion (20 minutes)


12.15-13.00                The Convention's success and its challenges

 

                                    -     Statements (10 minutes each): CRC Chairperson and founding CRC member

 

                                    -     Questions and discussion (20 minutes)


Day I - Afternoon session (15.00-18.00) - round tables I, II and III  chaired by CRC member


Round table I:             Translating international law into reality


                                    Reservations to the Convention


                                    Status of the Convention in national legislation


                                    Legislative review


                                    Practice in courts


Round table II. Putting child rights on the agenda


                                    Dissemination and awareness-raising


                                    Training


                                    Resource mobilization (budgetary aspects)


                                    International cooperation and technical assistance


Round table III.          Building partnerships for the realization of rights

 

The reporting process as a catalyst for domestic review and debate


                                    Coordination and independent monitoring


                                    Involvement of civil society


                                    Child participation


Day I - Evening (18.00-20.00)

 

18.15-19.00                Reception hosted by CRC and High Commissioner for Human

(approx.)                     Rights


19.15-20.30                “Goldtooth, a Street Children's Musical”

(approx.)


Day II - Morning session (10.00-13.00) - round tables I, II and III - chaired by CRC member


Day II - Afternoon


15.00-16.30                Round tables I, II and III


                                    Summary and discussion


16.30-17.30                Plenary

 

Reports and recommendations from round tables I, II and III (10 minutes each)


                                    Comments and discussion

 

17.30-18.00                Plenary closing - CRC, OHCHR, UNICEF, NGO Group (5 minutes each)




Annex V


LIST OF INITIAL AND SECOND PERIODIC REPORTS CONSIDERED BY THE

COMMITTEE ON THE RIGHTS OF THE CHILD AS AT 4 JUNE 1999

 

                                                               State party reports                           Observations adopted by the Committee


Third session

(January 1993)


            Bolivia                                       CRC/C/3/Add.2                              CRC/C/15/Add.1

            Sweden                                      CRC/C/3/Add.1                              CRC/C/15/Add.2

            Viet Nam                                   CRC/C/3/Add.4 and 21                   CRC/C/15/Add.3

            Russian Federation                    CRC/C/3/Add.5                              CRC/C/15/Add.4

            Egypt                                         CRC/C/3/Add.6                              CRC/C/15/Add.5

            Sudan                                         CRC/C/3/Add.3                              CRC/C/15/Add.6 (preliminary)


Fourth session

(September-October 1993)

 

            Indonesia                                   CRC/C/3/Add.10                            CRC/C/15/Add.7 (preliminary)

            Peru                                            CRC/C/3/Add.7                              CRC/C/15/Add.8

            El Salvador                                CRC/C/3/Add.9 and 28                   CRC/C/15/Add.9

            Sudan                                         CRC/C/3/Add.3 and 20                   CRC/C/15/Add.10

            Costa Rica                                  CRC/C/3/Add.8                              CRC/C/15/Add.11

            Rwanda                                      CRC/C/8/Add.1                              CRC/C/15/Add.12 (preliminary)


Fifth session

(January 1994)


            Mexico                                       CRC/C/3/Add.11                            CRC/C/15/Add.13

            Namibia                                     CRC/C/3/Add.12                            CRC/C/15/Add.14

            Colombia                                   CRC/C/8/Add.3                              CRC/C/15/Add.15 (preliminary)

            Romania                                    CRC/C/3/Add.16                            CRC/C/15/Add.16

            Belarus                                       CRC/C/3/Add.14                            CRC/C/15/Add.17


Sixth session

(April 1994)


            Pakistan                                     CRC/C/3/Add.13                            CRC/C/15/Add.18

            Burkina Faso                              CRC/C/3/Add.19                            CRC/C/15/Add.19

            France                                        CRC/C/3/Add.15                            CRC/C/15/Add.20

            Jordan                                        CRC/C/8/Add.4                              CRC/C/15/Add.21

            Chile                                          CRC/C/3/Add.18                            CRC/C/15/Add.22

            Norway                                      CRC/C/8/Add.7                              CRC/C/15/Add.23

 


                                                               State party reports                           Observations adopted by the Committee


Seventh session

(September-October 1994)


            Honduras                                   CRC/C/3/Add.17                            CRC/C/15/Add.24

            Indonesia                                   CRC/C/3/Add.10 and 26                 CRC/C/15/Add.25

            Madagascar                                CRC/C/8/Add.5                              CRC/C/15/Add.26

            Paraguay                                    CRC/C/3/Add.22                            CRC/C/15/Add.27 (preliminary)

            Spain                                          CRC/C/8/Add.6                              CRC/C/15/Add.28

            Argentina                                   CRC/C/8/Add.2 and 17                   CRC/C/15/Add.35 (adopted at the eighth session)


Eighth session

(January 1995)


            Philippines                                 CRC/C/3/Add.23                            CRC/C/15/Add.29

            Colombia                                   CRC/C/8/Add.3                              CRC/C/15/Add.30

            Poland                                        CRC/C/8/Add.11                            CRC/C/15/Add.31

            Jamaica                                      CRC/C/8/Add.12                            CRC/C/15/Add.32

            Denmark                                    CRC/C/8/Add.8                              CRC/C/15/Add.33

            United Kingdom of

              Great Britain and

              Northern Ireland                       CRC/C/11/Add.1                            CRC/C/15/Add.34


Ninth session

(May-June 1995)


            Nicaragua                                   CRC/C/3/Add.25                            CRC/C/15/Add.36

            Canada                                       CRC/C/11/Add.3                            CRC/C/15/Add.37

            Belgium                                     CRC/C/11/Add.4                            CRC/C/15/Add.38

            Tunisia                                       CRC/C/11/Add.2                            CRC/C/15/Add.39

            Sri Lanka                                   CRC/C/8/Add.13                            CRC/C/15/Add.40


Tenth session

(October-November 1995)


            Italy                                            CRC/C/8/Add.18                            CRC/C/15/Add.41

            Ukraine                                      CRC/C/8/Add.10/Rev.1                  CRC/C/15/Add.42

            Germany                                    CRC/C/11/Add.5                            CRC/C/15/Add.43

            Senegal                                      CRC/C/3/Add.31                            CRC/C/15/Add.44

            Portugal                                     CRC/C/3/Add.30                            CRC/C/15/Add.45

            Holy See                                    CRC/C/3/Add.27                            CRC/C/15/Add.46


 


                                                               State party reports                           Observations adopted by the Committee


Eleventh session

(January 1996)


            Yemen                                       CRC/C/8/Add.20                            CRC/C/15/Add.47

            Mongolia                                   CRC/C/3/Add.32                            CRC/C/15/Add.48

            Yugoslavia                                 CRC/C/8/Add.26                            CRC/C/15/Add.49

            Iceland                                       CRC/C/11/Add.6                            CRC/C/15/Add.50

            Republic of Korea                      CRC/C/8/Add.21                            CRC/C/15/Add.51

            Croatia                                       CRC/C/8/Add.19                            CRC/C/15/Add.52

            Finland                                       CRC/C/8/Add.22                            CRC/C/15/Add.53


Twelfth session

(May-June 1996)


            Lebanon                                     CRC/C/18/Add.23                           CRC/C/15/Add.54

            Zimbabwe                                  CRC/C/3/Add.35                            CRC/C/15/Add.55

            China                                         CRC/C/11/Add.7                            CRC/C/15/Add.56

            Nepal                                         CRC/C/3/Add.34                            CRC/C/15/Add.57

            Guatemala                                  CRC/C/3/Add.33                            CRC/C/15/Add.58

            Cyprus                                       CRC/C/8/Add.24                            CRC/C/15/Add.59


Thirteenth session

(September-October 1996)


            Morocco                                    CRC/C/28/Add.1                            CRC/C/15/Add.60

            Nigeria                                       CRC/C/8/Add.26                            CRC/C/15/Add.61

            Uruguay                                     CRC/C/3/Add.37                            CRC/C/15/Add.62

            United Kingdom

              (Hong Kong)                             CRC/C/11/Add.9                            CRC/C/15/Add.63

            Mauritius                                   CRC/C/3/Add.36                            CRC/C/15/Add.64

            Slovenia                                     CRC/C/8/Add.25                            CRC/C/15/Add.65


Fourteenth session

(January 1997)


            Ethiopia                                     CRC/C/8/Add.27                            CRC/C/15/Add.66

            Myanmar                                   CRC/C/8/Add.9                              CRC/C/15/Add.67

            Panama                                      CRC/C/8/Add.28                            CRC/C/15/Add.68

            Syrian Arab Republic                CRC/C/28/Add.2                            CRC/C/15/Add.69

            New Zealand                              CRC/C/28/Add.3                            CRC/C/15/Add.70

            Bulgaria                                     CRC/C/8/Add.29                            CRC/C/15/Add.71


 


                                                               State party reports                           Observations adopted by the Committee


Fifteenth session

(MayJune 1997)


            Cuba                                          CRC/C/8/Add.30                            CRC/C/15/Add.72

            Ghana                                        CRC/C/3/Add.39                            CRC/C/15/Add.73

            Bangladesh                                CRC/C/3/Add.38 and 49                 CRC/C/15/Add.74

            Paraguay                                    CRC/C/3/Add.22 and 47                 CRC/C/15/Add.75

            Algeria                                       CRC/C/28/Add.4                            CRC/C/15/Add.76

            Azerbaijan                                 CRC/C/11/Add.8                            CRC/C/15/Add.77


Sixteenth session

(SeptemberOctober 1997)


            Lao People's

              Democratic Republic                CRC/C/8/Add.32                            CRC/C/15/Add.78

            Australia                                    CRC/C/8/Add.31                            CRC/C/15/Add.79

            Uganda                                      CRC/C/3/Add.40                            CRC/C/15/Add.80

            Czech Republic                          CRC/C/11/Add.11                           CRC/C/15/Add.81

            Trinidad and Tobago                 CRC/C/11/Add.10                           CRC/C/15/Add.82

            Togo                                          CRC/C/3/Add.42                            CRC/C/15/Add.83


Seventeenth session

(January 1998)


            Libyan Arab Jamahiriya            CRC/C/28/Add.6                            CRC/C/15/Add.84

            Ireland                                        CRC/C/11/Add.12                           CRC/C/15/Add.85

            Micronesia

              (Federated States of)                 CRC/C/28/Add.5                            CRC/C/15/Add.86


Eighteenth session

(MayJune 1998)


            Hungary                                     CRC/C/8/Add.34                            CRC/C/15/Add.87

            Democratic People's

              Republic of Korea                     CRC/C/3/Add.41                            CRC/C/15/Add.88

            Fiji                                             CRC/C/28/Add.7                            CRC/C/15/Add.89

            Japan                                          CRC/C/41/Add.1                            CRC/C/15/Add.90

            Maldives                                    CRC/C/8/Add.33 and 37                 CRC/C/15/Add.91

            Luxembourg                              CRC/C/41/Add.2                            CRC/C/15/Add.92


 


                                                               State party reports                           Observations adopted by the Committee


Nineteenth session

(September-October 1998)


Initial reports


            Ecuador                                      CRC/C/3/Add.44                            CRC/C/15/Add.93

            Iraq                                            CRC/C/41/Add.3                            CRC/C/15/Add.94

            Thailand                                     CRC/C/11/Add.13                           CRC/C/15/Add.96

            Kuwait                                       CRC/C/8/Add.35                            CRC/C/15/Add.97


Second periodic reports


            Bolivia                                       CRC/C/65/Add.1                            CRC/C/15/Add.95


Twentieth session

(January 1999)


Initial reports


            Austria                                       CRC/C/11/Add.14                           CRC/C/15/Add.98

            Belize                                         CRC/C/3/Add.46                            CRC/C/15/Add.99

            Guinea                                       CRC/C/3/Add.48                            CRC/C/15/Add.100


Second periodic reports


            Sweden                                      CRC/C/65/Add.3                            CRC/C/15/Add.101

            Yemen                                       CRC/C/70/Add.1                            CRC/C/15/Add.102


Twentyfirst session

(17 May4 June 1999)


Initial reports


            Barbados                                    CRC/C/3/Add.45                            CRC/C/15/Add.103

            St. Kitts and Nevis                     CRC/C/3/Add.51                            CRC/C/15/Add.104

            Benin                                         CRC/C/3/Add.52                            CRC/C/15/Add.106

            Chad                                          CRC/C/3/Add.50                            CRC/C/15/Add.107


Second periodic reports


            Honduras                                   CRC/C/65/Add.2                            CRC/C/15/Add.105

            Nicaragua                                   CRC/C/65/Add.4                            CRC/C/15/Add.108




Annex VI


PROVISIONAL LIST OF REPORTS SCHEDULED FOR CONSIDERATION AT

THE COMMITTEE'S TWENTYSECOND AND TWENTYTHIRD SESSIONS


Twentysecond session

(20 September8 October 1999)


Initial reports


            Venezuela                                  CRC/C/3/Add.54 and 59

            Vanuatu                                     CRC/C/28/Add.8

            Mali                                           CRC/C/3/Add.53

            Netherlands                                CRC/C/51/Add.1


Second periodic reports


            Russian Federation                    CRC/C/65/Add.5

            Mexico                                       CRC/C/65/Add.6


Twentythird session

(1028 January 2000)


Initial reports


            Armenia                                     CRC/C/28/Add.9

            India                                           CRC/C/28/Add.10

            The former Yugoslav

              Republic of Macedonia             CRC/C/8/Add.36

            Grenada                                     CRC/C/3/Add.55

            Sierra Leone                              CRC/C/3/Add.43

            South Africa                              CRC/C/51/Add.2


Second periodic reports


            Costa Rica                                  CRC/C/65/Add.7

            Peru                                            CRC/C/65/Add.8




Annex VII


LIST OF DOCUMENTS ISSUED FOR THE TWENTYFIRST SESSION

OF THE COMMITTEE


CRC/C/3/Add.50                          Initial report of Chad


CRC/C/3/Add.45                          Initial report of Barbados


CRC/C/3/Add.51                          Initial report of St. Kitts and Nevis


CRC/C/3/Add.52                          Initial report of Benin

 

CRC/C/27/Rev.11                        Note of the SecretaryGeneral on the followup to the consideration of initial reports by States parties to the Convention

 

CRC/C/40/Rev.12                        Note of 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/65/Add.2                          Second periodic report of Honduras

 

CRC/C/65/Add.4                          Second periodic report of Nicaragua

  and Add.14

 

CRC/C/85                                     Provisional agenda and annotations

 

CRC/C/86                                     Note by the SecretaryGeneral on the States parties to the Convention and the Status of submission of reports

 

CRC/C/SR.532557                    Summary records of the twentyfirst session



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