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UNITED NATIONS |
CRC | |
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Convention on the Rights of the Child
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Distr. GENERAL
CRC/C/94 3 March 2000
Original: ENGLISH |
COMMITTEE ON THE RIGHTS OF THE CHILD
Twenty‑third session
Geneva, 10-28 January 2000
REPORT ON THE TWENTY-THIRD SESSION
CONTENTS
Paragraphs Page
I. ORGANIZATIONAL AND OTHER MATTERS ................................... 1 - 21 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 Chairperson .................................................................. 10 5
F. Agenda .......................................................................................... 11 6
G. Meeting with the United Nations High Commissioner
for Human Rights ....................................................................... 12 - 16 6
H. Pre‑sessional working group ....................................................... 17 - 19 7
I. Organization of work ...................................................................... 20 8
J. Future regular meetings ................................................................... 21 8
GE.00-40966 (E)
CONTENTS (continued)
Paragraphs Page
II. REPORTS BY STATES PARTIES UNDER ARTICLE 44
OF THE CONVENTION ..................................................................... 22 - 456 8
A. Submission of reports ................................................................. 22 - 32 8
B. Consideration of reports ............................................................. 33 - 456 10
1. Concluding observations: India ............................................ 33 - 115 10
2. Concluding observations: Sierra Leone .............................. 116 - 209 24
3. Concluding observations: Costa Rica ................................ 210 - 238 37
4. Concluding observations: The former Yugoslav
Republic of Macedonia ...................................................... 239 - 294 45
5. Concluding observations: Armenia .................................... 295 - 353 53
6. Concluding observations: Peru: ......................................... 354 - 383 64
7. Concluding observations: Grenada .................................... 384 - 413 72
8. Concluding observations: South Africa .............................. 414 - 456 81
III. OVERVIEW OF OTHER ACTIVITIES OF THE
COMMITTEE ..................................................................................... 457 - 482 95
A. Review of developments relevant to the work of
the Committee .......................................................................... 457 - 464 95
B. Cooperation with United Nations and other
competent bodies ..................................................................... 465 - 476 97
C. Informal meeting ....................................................................... 477 - 478 102
D. Future thematic debate ....................................................... 479 102
E. General comments .............................................................. 480 103
F. Follow‑up to the day of discussion on "The Child
and the Media" ........................................................................ 481 - 482 103
CONTENTS (continued)
Paragraphs Page
IV. DRAFT PROVISIONAL AGENDA FOR THE
TWENTY‑FOURTH SESSION ................................................... 483 104
V. ADOPTION OF REPORT ............................................................ 484 104
Annexes
I. States which have ratified or acceded to the Convention on the
Rights of the Child as at 4 February 2000 .................................................................... 105
II. Membership of the Committee on the Rights of the Child .............................................. 112
III. Status of submission of reports by States parties under
article 44 of the Convention on the Rights of the Child as
at 4 February 2000 ..................................................................................................... 113
IV. List of initial and second periodic reports considered by
the Committee on the Rights of the Child as at
4 February 2000 ......................................................................................................... 127
V. Provisional list of reports scheduled for consideration at
the Committee's twenty‑fourth and twenty‑fifth sessions ............................................... 133
VI. List of documents issued for the twenty‑third session
of the Committee ......................................................................................................... 134
I. ORGANIZATIONAL AND OTHER MATTERS
A. States parties to the Convention
1. As at 28 January 2000, the closing date of the twenty‑third 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.8.
B. Opening and duration of the session
3. The Committee on the Rights of the Child held its twenty‑third session at the United Nations Office at Geneva from 10 to 28 January 2000. The Committee held 29 meetings (587th-615th). An account of the Committee's deliberations at its twenty‑third session is contained in the relevant summary records (CRC/C/SR.587, 589‑598, 603‑611 and 615).
C. Membership and attendance
4. All the members of the Committee attended the twenty‑third session. A list of the members, together with an indication of the duration of their terms of office, is provided in annex II to the present report. Mr. Francesco Paolo Fulci, Mrs. Marilia Sardenberg and Ms. Amina Hamza El Guindi were not able to attend the session in its entirety.
5. In accordance with article 43, paragraph 7, of the Convention and rule 14 of the Committee's provisional rules of procedure, Mrs. Nafsiah Mboi informed the Committee of her decision to cease to function as a member of the Committee. By note verbale dated 29 October 1999, the Government of Indonesia informed the Secretary‑General of the appointment of Mrs. Lily Rilantono as expert member of the Committee for the remainder of Mrs. Mboi's term. At the start of the session, the Committee approved the appointment of Mrs. Rilantono by secret ballot, in accordance with rule 14 of its provisional rules of procedure.
6. The following United Nations bodies were represented at the session: United Nations Children's Fund (UNICEF), Office of the United Nations High Commissioner for Refugees (UNHCR).
7. The following specialized agencies were also represented at the session: International Labour Organization (ILO) , UNAIDS, United Nations Educational, Scientific and Cultural Organization (UNESCO), World Health Organization (WHO).
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
Habitat International Coalition, Coalition against Trafficking in Women, Defence for Children International, Amnesty International, International Commission of Jurists, 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.
Roster
International Human Rights Association of American Minorities, International Movement Against All Forms of Discrimination and Racism.
Others
Ambedkar Centre for Justice and Peace, Federation for the Protection of Children's Human Rights, International Baby Food Action Network, National Children's Rights Committee (South Africa), NGO Group for the Convention on the Rights of the Child, NGO Working Group on Nutrition, Youth for Unity and Voluntary Action (India).
D. Solemn declaration
9. At the 587th meeting, on 10 January 2000, the newly appointed member, Mrs. Lily Rilantono, made a solemn declaration in accordance with rule 15 of the provisional rules of procedure.
E. Election of Chairperson
10. At the 587th meeting, on 10 January 2000, Mrs. Awa N'Deye Ouedraogo was elected Chairperson of the Committee by its members.
F. Agenda
11. At the 587th meeting, on 10 January 2000, the Committee adopted the following agenda on the basis of the provisional agenda (CRC/C/91):
1. Adoption of the agenda.
2. Filling of casual vacancy and solemn declaration by the new member of the Committee.
3. Election of the Chairperson of the Committee.
4. Organizational and other matters.
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.
12. Biennial report of the Committee on its activities.
G. Meeting with the United Nations High Commissioner for Human Rights
12. At the 599th meeting, held on 18 January, the United Nations High Commissioner for Human Rights, Mrs. Mary Robinson, addressed the Committee.
13. Mrs. Robinson congratulated the Committee on its efforts to reduce the backlog of reports waiting to be examined and to give priority to this aspect of its work and offered support for the preparation of general comments by the Committee. She also informed the Committee about her efforts to extend the Plan of Action to strengthen the implementation of the Convention on the Rights of the Child, which allows donors to increase the support that the Office of the High Commissioner for Human Rights (OHCHR) provides to the Committee.
14. Mrs. Robinson then focused on the main theme of her meeting with the Committee, the preparations for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, which will take place in South Africa in September 2001. She discussed the key role of efforts to combat racism in preventing human rights violations which are often at the root of conflict, and mentioned the direct impact that racism, xenophobia and other forms of intolerance have on the enjoyment by children of their human rights. Mrs. Robinson referred to the resolutions of the General Assembly (most recently its resolution 54/154) and of the Commission on Human Rights (including its resolution 1999/78) in which those bodies called on all human rights mechanisms to participate in the Conference and to contribute actively to the preparatory process.
15. Committee members discussed with Mrs. Robinson the contribution that the Committee could make in the preparatory process and for the World Conference itself. Some members mentioned several areas in which the Committee could have a substantive input, particularly through the preparation of general comments or participation in studies being prepared for the World Conference. During the discussion, issues mentioned as being of particular relevance included children from minorities and indigenous groups, child participation, the role of education and the need for a holistic approach to child rights and development.
16. Mrs. Robinson thanked the Committee for its willingness to contribute to the preparations for the World Conference and asked to be kept informed about the decisions reached by the Committee in this regard.
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 13 to 17 September 1999. All the members except Mr. Fulci participated in the working group. Representatives of UNICEF, OHCHR, UNHCR, ILO and WHO 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 Ms. Mboi, Mrs. Judith Karp and Mrs. Esther Margaret Queen Mokhuane to chair the pre‑sessional working group. The latter held nine meetings, at which it examined lists of issues put before it by members of the Committee relating to the initial reports of four countries (The former Yugoslav Republic of Macedonia, Grenada, South Africa and the Islamic Republic of Iran) and the second periodic reports of two countries (Costa Rica and Peru). 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 1 December 1999.
I. Organization of work
20. The Committee considered the organization of work at its 587th meeting, on 10 January 2000. The Committee had before it the draft programme of work for the twenty‑third session, prepared by the Secretary‑General in consultation with the Chairperson of the Committee, and the report of the Committee on its twenty-second session (CRC/C/90).
J. Future regular meetings
21. The Committee noted that its twenty‑fourth session would take place from 15 May to 2 June 2000 and that its pre‑sessional working group for the twenty‑fifth session would meet from 5 to 9 June 2000.
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), 1999 (CRC/C/83) and 2000 (CRC/C/93);
(b) Note by the Secretary‑General on the States parties to the Convention and the status of submission of reports (CRC/C/92);
(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.14).
23. The Committee was informed that, in addition to the eight reports that were scheduled for consideration by the Committee at its current session and those which had been received prior to the Committee's twenty-second session (see CRC/C/90, para. 21), the Secretary‑General had received the initial reports of the United Republic of Tanzania (CRC/C/8/Add.14/Rev.1), Qatar (CRC/C/51/Add.5), Gambia (CRC/C/3/Add.61) and Cape Verde (CRC/C/11/Add.23) and the second periodic report of Poland (CRC/C/70/Add.12). 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 10 January 2000, as well as a provisional list of initial and second periodic reports scheduled for consideration at the Committee's twenty‑fourth and twenty-fifth sessions, are contained in annexes IV and V respectively.
25. As at 28 January 2000, the Committee had received 143 initial and 32 periodic reports. A total of 118 reports have been examined by the Committee (see annex IV).
26. By note verbale dated 23 December 1999, the Permanent Mission of Thailand to the United Nations Office at Geneva transmitted follow‑up information relating to the consideration of the initial report of Thailand (CRC/C/11/Add.13) on 1 and 2 October 1998.
27. By note verbale dated 14 January 2000, the Permanent Mission of the Netherlands to the United Nations Office at Geneva transmitted comments relating to the recommendations adopted by the Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.114) on the initial report of the Kingdom of the Netherlands (CRC/C/51/Add.1).
28. By note verbale dated 21 January 2000, the Permanent Mission of India to the United Nations Office at Geneva transmitted follow‑up information relating to the consideration of the initial report of India (CRC/C/28/Add.10) on 11 and 12 January 2000.
29. At its twenty‑third session, the Committee examined initial and periodic reports submitted by eight States parties under article 44 of the Convention. It devoted 18 of its 29 meetings to the consideration of reports (see CRC/C/SR.589-591, 593-598 and 603‑611).
30. The following reports, listed in the order in which they were received by the Secretary‑General, were before the Committee at its twenty‑third session: Sierra Leone (CRC/C/3/Add.43), The former Yugoslav Republic of Macedonia (CRC/C/8/Add.36), Armenia (CRC/C/28/Add.9), India (CRC/C/28/Add.10), Grenada (CRC/C/3/Add.55), South Africa (CRC/C/51/Add.2), Costa Rica (CRC/C/65/Add.7 and Peru (CRC/C/65/Add.8).
31. 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.
32. 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.
B. Consideration of reports
1. Concluding observations of the Committee on the Rights of the Child: India
33. At its 589th to 591st meetings (see CRC/C/SR.589-591), held on 11 and 12 January 2000, the Committee on the Rights of the Child considered the initial report of India (CRC/C/28/Add.10), which was submitted on 19 March 1997, and adopted* the following concluding observations.
A. Introduction
34. The Committee expresses its appreciation of the report, which followed the Committee's guidelines. The Committee notes the detailed and informative written answers to the list of issues (CRC/C/Q/IND.1). The Committee regrets that time constraints did not allow the State party's delegation to answer all of the questions posed. Nevertheless, the Committee appreciated the open nature of the dialogue that took place. The Committee appreciates the additional written answers provided by the State party.
B. Positive aspects
35. The Committee is encouraged by the existence of a broad range of constitutional and legislative provisions, and institutions (e.g. the National Human Rights Commission, the National Commission for Women, and the Scheduled Castes and Scheduled Tribes Commission) for the protection of human rights and children's rights. Moreover, the Committee welcomes the frequent references to provisions of international human rights instruments by the courts, in particular the Supreme Court.
36. The Committee welcomes the growing involvement of NGOs and other grass‑roots organizations in activities to enhance the protection of human rights, including through "public‑interest litigation".
37. The Committee welcomes the establishment of the Department of Education and Literacy, and notes the expressed commitment of the State party to achieving universal, free and compulsory primary education.
38. The Committee notes the State party's efforts and cooperation with international bodies and agencies and non‑governmental organizations to address child health and labour issues in India.
* At the 615th meeting, held on 28 January 2000.
C. Factors and difficulties impeding the implementation of the Convention
39. Taking into account the fact that the number of children in India represents an enormous proportion of the world's child population, the Committee notes that the task facing India in meeting the needs of all children under its jurisdiction presents enormous challenges, not least in the economic and social fields. The Committee also notes that the high rate of population growth makes it difficult to sustain the necessary resources.
40. The Committee notes that extreme poverty, which affects a significant part of India's population, the impact of structural adjustment, and natural disasters are factors which represent serious difficulties in the fulfilment of all of the State party's obligations under the Convention.
41. Given such a diverse and multicultural society, the Committee further notes that the existence of traditional customs (i.e. the caste system) and societal attitudes (e.g. towards tribal groups) is an obstacle to efforts to combat discrimination, and compounds, inter alia, poverty, illiteracy, child labour, child sexual exploitation and children living and/or working on the streets.
D. Principal subjects of concern, suggestions and recommendations
1. General measures of implementation
Legislation
42. In the light of article 4 of the Convention, the Committee notes the unclear status of the Convention in the domestic legal framework and is concerned about the insufficient steps taken to bring existing federal, state and personal status laws into full conformity with the Convention.
43. The Committee recommends that the State party pursue efforts to ensure full compatibility of its legislation with the Convention, taking due account of the general principles of the Convention. In this regard, the Committee encourages the State party to consider adopting a code for children.
44. The Committee notes that insufficient efforts have been made to implement legislation and decisions of the courts and the commissions (i.e. the National Human Rights Commission, the National Commission for Women, and the Scheduled Castes and Scheduled Tribes Commission); and to facilitate the work of such institutions with respect to children's rights.
45. The Committee recommends that the State party take all necessary measures, including the allocation of the required resources (i.e. human and financial) to ensure and strengthen the effective implementation of existing legislation. The Committee further recommends the State party to provide adequate resources and to take all other necessary steps to strengthen the capacity and effectiveness of national human rights institutions, including the National Human Rights Commission, the National Commission for Women, and the Scheduled Castes and Scheduled Tribes Commission.
Coordination
46. Noting the complexities arising from the federal structure of government with regard to the delineation of responsibilities between federal and state levels, the Committee is concerned that insufficient administrative coordination and cooperation appears to be a serious problem in the implementation of the Convention.
47. The Committee recommends that the State party adopt a comprehensive national plan of action, based on a child rights approach, to implement the Convention. The Committee recommends that attention be given to intersectoral coordination and cooperation at and between central, state and municipal levels of government. The State party is encouraged to provide support to local authorities, including capacity‑building, for implementation of the Convention.
Independent/monitoring structures
48. The Committee is concerned at the absence of an effective mechanism to collect and analyse disaggregated data of all persons under 18 years for all areas covered by the Convention, including the most vulnerable groups (i.e. children living in slums, belonging to different castes and tribal groups, living in rural areas, children with disabilities, children who are living and/or working on the streets, children affected by armed conflicts and refugee children).
49. It recommends that the State party develop a comprehensive system for collecting disaggregated data as a basis to assess progress achieved in the realization of children's rights and to help design policies to be adopted to implement the Convention.
50. The Committee welcomes the State party's intention to establish a national commission for children.
51. The Committee encourages the State party to establish a statutory, independent national commission for children with the mandate of, inter alia, regularly monitoring and evaluating progress in the implementation of the Convention at the federal, state and local levels. Further, such a commission should be empowered to receive and address complaints of violations of child rights, including with respect to the security forces.
Allocation of budgetary resources
52. The Committee welcomes the commitment of the State party to increase budgetary allocation for education from 4 per cent to 6 per cent of the national budget. However, the Committee is concerned that insufficient attention has been paid to article 4 of the Convention regarding the implementation to the "maximum extent of ... available resources" of the economic, social and cultural rights of children.
53. The Committee recommends that the State party develop ways to establish a systematic assessment of the impact of budgetary allocations on the implementation of child rights and to collect and disseminate information in this regard. The Committee also recommends that the State party ensure the appropriate distribution of resources at the central, state and local levels, and where needed, within the framework of international cooperation.
Cooperation with NGOs
54. The Committee notes that cooperation with non-governmental organizations in the implementation of the Convention, including preparation of the report, remains limited.
55. The Committee encourages the State party to consider a systematic approach to involve NGOs and civil society in general throughout all stages of the implementation of the Convention, including policy-making.
Training/dissemination of the Convention
56. In the light of article 42, the Committee notes the low level of awareness of the Convention amongst the general public, including children, and professionals working with children. The Committee is concerned that the State party is not undertaking adequate dissemination and awareness-raising activities in a systematic and targeted manner.
57. In this regard, the Committee recommends that the State party develop an ongoing programme for the dissemination of information regarding the implementation of the Convention among children and parents, civil society and all sectors and levels of government. The Committee encourages the State party to pursue efforts to promote children's rights education in the country, including initiatives to reach those vulnerable groups who are illiterate or without formal education. Moreover, the Committee recommends that the State party develop systematic and ongoing training programmes on the provisions of the Convention for all professional groups working with children (i.e. judges, lawyers, law enforcement officials, civil servants, local government officials, personnel working in institutions and places of detention for children, teachers, health personnel, including psychologists, and social workers). The Committee encourages the State party to seek assistance from, inter alia, UNICEF, in this regard.
2. Definition of the child
58. In the light of article 1, the Committee is concerned that the various age‑limits set by the law are not in accordance with the general principles and other provisions of the Convention. Of particular concern to the Committee is the very low age of criminal responsibility under the Penal Code, which is set at seven years; and the possibility of trying boys between 16 and 18 years as adults. The Committee is concerned that there is no minimum age for sexual consent for boys. The Committee is further concerned that minimum-age standards are poorly enforced (e.g. the 1929 Child Marriages Restraint Act).
59. The Committee recommends that the State party review its legislation with a view to ensuring that age‑limits conform to the principles and provisions of the Convention, and that it take greater efforts to enforce those minimum‑age requirements.
3. General principles
Non‑discrimination
60. In the light of article 2 of the Convention, the Committee is deeply concerned at the widely disparate levels of enjoyment of the rights in the Convention by children living in different states, living in rural areas, living in slums and belonging to different castes, tribal and indigenous groups.
61. The Committee recommends that concerted efforts at all levels be taken to address social inequalities through a review and reorientation of policies, including increased budgetary provision for programmes targeting the most vulnerable groups.
62. In the light of article 2 of the Convention, the Committee is concerned at the existence of caste-based discrimination and discrimination against tribal groups, despite these practices being prohibited under the law.
63. In accordance with article 17 of the Constitution and article 2 of the Convention, the Committee recommends that the State party take steps to ensure States abolish the discriminatory practice of "untouchability", prevent caste- and tribe-motivated abuse, and prosecute State and private actors who are responsible for such practices or abuses. Moreover, in compliance with article 46 of the Constitution, the State party is encouraged to implement, inter alia, affirmative measures to advance and protect these groups. The Committee recommends the full implementation of the 1989 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the 1995 Scheduled Castes and Scheduled Tribes Rules (Prevention of Atrocities) and the 1993 Employment of Manual Scavengers Act. The Committee encourages the State party to continue its efforts to carry out comprehensive public education campaigns to prevent and combat caste-based discrimination. In line with the Committee on the Elimination of Racial Discrimination (CERD/C/304/Add.13), the Committee stresses the importance of the equal enjoyment by members of these groups of the rights in the Convention, including access to health care, education, work, and public places and services, such as wells.
64. The Committee notes the persistence of discriminatory social attitudes and harmful traditional practices towards girls, including female infanticide, selective abortions, low school enrolment and high drop-out rates, early and forced marriages, and religion-based personal status laws which perpetuate gender inequality in areas such as marriage, divorce, custody and guardianship of infants, and inheritance.
65. In accordance with article 2 of the Convention, the Committee encourages the State party to ensure the enforcement of protective laws. The Committee encourages the State party to continue its efforts to carry out comprehensive public education campaigns to prevent and combat gender discrimination, particularly within the family. To assist in these efforts, political, religious and community leaders should be mobilized to support efforts to eradicate traditional practices and attitudes which discriminate against girls.
Respect for the views of the child
66. In the light of article 12, the Committee notes that the views of the child are accorded insufficient importance, especially within the family, the school, care institutions, the courts and the juvenile justice system.
67. The Committee encourages the State party to promote and facilitate within the family, the school, care institutions, the courts and the juvenile justice system respect for the views of children and their participation in all matters affecting them, in accordance with article 12 of the Convention. In this regard, the Committee recommends that the State party develop skills‑training programmes in community settings for teachers, social workers and local officials in assisting children to make and express their informed decisions and to have their views taken into consideration.
4. Civil rights and freedoms
Name and nationality
68. Given that lack of timely birth registration can have negative consequences on the full enjoyment of fundamental rights and freedoms by children, the Committee is concerned, in the light of article 7 of the Convention, that the births of a very significant number of children in India are not registered.
69. The Committee recommends that the State party make greater efforts to ensure the timely registration of all births, in accordance with article 7 of the Convention, and take training and awareness-raising measures as regards registration in rural areas. The Committee encourages steps such as the establishment of mobile registration offices, and registration units in schools and health facilities.
Right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment
70. With respect to article 37 (a) of the Convention, the Committee is concerned by numerous reports of routine ill-treatment, corporal punishment, torture and sexual abuse of children in detention facilities, and alleged instances of killings of children living and/or working on the streets by law enforcement officials.
71. The Committee recommends that the registration of each child taken to a police station be mandatory, including time, date and reason for detention, and that such detention be subject to frequent mandatory review by a magistrate. The Committee encourages the State party to amend sections 53 and 54 of the Code of Criminal Procedure so that medical examination, including age verification, is mandatory at the time of detention and at regular intervals.
72. The Committee recommends that the State party implement the recommendations made by the National Police Commission in 1980 and the Parliamentary Committee in 1996, which, inter alia, call for a mandatory judicial inquiry in cases of alleged rape, death or injury of persons in police custody; the establishment of investigative bodies; and payment of compensation to people who have been victims of custodial abuse. Amendment to the Juvenile Justice Act is recommended to provide for complaints and prosecution mechanisms for cases of custodial abuse of children. In addition, the Committee recommends the amendment of section 197 of the Code of Criminal Procedure, which requires government approval for prosecution of law enforcement officials when complaints of custodial abuse or illegal detention are alleged; and section 43 of the Police Act, so that police cannot claim immunity for actions while executing a warrant in cases of illegal detention or custodial abuse.
73. The Committee encourages the State party to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which it signed in 1997.
5. Family environment and alternative care
Adoption
74. In the light of articles 21 and 25 of the Convention, the Committee is concerned at the absence of uniform adoption law in India and effective measures to monitor and follow up placement within the State party and abroad.
75. The Committee recommends the State party to review the legislative framework of domestic and intercountry adoption. The Committee recommends that the State party become a party to the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption.
Violence/abuse/neglect/maltreatment
76. In the light of articles 19 and 39 of the Convention, the Committee is concerned at the widespread ill‑treatment of children in India, not only in schools and care institutions but also within the family.
77. The Committee recommends that the State party take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse of children in the family, schools and care institutions. The Committee recommends that these measures be accompanied by public education campaigns about the negative consequences of ill‑treatment of children. The Committee recommends that the State party promote positive, non-violent forms of discipline as an alternative to corporal punishment, especially in the home and schools. Programmes for the rehabilitation and reintegration of abused children need to be strengthened, and adequate procedures and mechanisms established to receive complaints, monitor, investigate and prosecute instances of ill‑treatment.
6. Basic health and welfare
Children with disabilities
78. Noting the 1995 Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, the Committee nonetheless is concerned at the very poor level of and access to care for children with disabilities, especially those living in rural areas; and the lack of assistance provided to persons responsible for their care. In the light of article 23 of the Convention, the Committee emphasizes the need to ensure the implementation of policies and programmes to guarantee the rights of mentally and physically disabled children and to facilitate their full inclusion in society.
79. In the 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 increase the capacity of institutions for the rehabilitation of children with disabilities and improve access to services for such children living in rural areas. Awareness campaigns which focus on prevention, inclusive education, family care and the promotion of the rights of children with disabilities need to be undertaken. Adequate training should also be made available to persons working with these children. The Committee encourages the State party to undertake greater efforts to make available the necessary resources and to seek assistance from, inter alia, UNICEF, WHO and relevant NGOs.
Health and health services
80. In the light of article 24 of the Convention, the Committee notes that the State party has already focused and placed priority on the main health issues by establishing several national programmes. Nevertheless, the Committee is concerned at high maternal mortality, and very high levels of low birth weight and malnutrition among children, including micronutrient deficiencies, linked to the lack of access to prenatal care and, more generally, limited access to quality public health care facilities, insufficient numbers of qualified health workers, poor health education, inadequate access to safe drinking water and poor environmental sanitation. This situation is exacerbated by the extreme disparities faced by women and girls, especially in rural areas.
81. The Committee recommends that the State party take all necessary steps to adapt, expand and implement the Integrated Management of Child Illness strategy, and to pay particular attention to the most vulnerable groups of the population. The Committee also recommends that the State party undertake studies to determine the socio-cultural factors which lead to practices such as female infanticide and selective abortions, and to develop strategies to address them. The Committee recommends continued allocation of resources to the poorest sections of society and continued cooperation with and technical assistance from, inter alia, WHO, UNICEF, the World Food Programme (WFP) and civil society.
82. The Committee is concerned that the health of adolescents, particularly girls, is neglected, given, for instance, a very high percentage of early marriages, which can have a negative impact on their health. Adolescent suicides, especially among girls, and HIV/AIDS affected children are serious concerns for the Committee.
83. The Committee recommends that the State party strengthen the existing National Reproductive and Child Health programme, targeting the most vulnerable groups of the population. The Committee recommends that the State party combat discrimination against HIV/AIDS affected persons by strengthening awareness-raising and sensitization programmes
for the public, and particularly health professionals. The Committee recommends continued allocation of resources to the poorest sections of society and continued cooperation with and technical assistance from, inter alia, WHO, UNICEF, UNAIDS and civil society.
Adequate standard of living
84. The Committee is concerned at the high percentage of children living in inadequate housing, including slums, and their inadequate nutrition and access to safe drinking water and sanitation. The Committee is concerned at the negative impact on families and the rights of children of structural adjustment projects.
85. In accordance with article 27 of the Convention, the Committee recommends that the State party take appropriate measures to give effect to its commitments made at Habitat II in 1996 regarding children's access to housing. In the light of Commission on Human Rights resolution 1993/77, on forced evictions, the Committee encourages the State party to prevent any occurrence of forced relocation, displacement and other types of involuntary population movements. The Committee recommends that resettlement procedures and programmes include registration, facilitate comprehensive family rehabilitation and ensure access to basic services.
86. The Committee is concerned at the large and increasing number of children living and/or working on the streets, who are among the most marginalized groups of children in India.
87. The Committee recommends that the State party establish mechanisms to ensure these children are provided with identity documents, nutrition, clothing and housing. Moreover, the State party should ensure these children have access to health care; rehabilitation services for physical, sexual and substance abuse; services for reconciliation with families; education, including vocational and life-skills training; and access to legal aid. The Committee recommends that the State party cooperate and coordinate its efforts with civil society in this regard.
7. Education, leisure and cultural activities
Right to and aims of education
88. Welcoming the 83rd Constitutional Amendment Bill concerning the fundamental right to education, the Committee, however, expresses its concern at the prevailing poor situation in the State party with respect to education, which is characterized by a general lack of infrastructure, facilities and equipment, insufficient numbers of qualified teachers and a drastic shortage of text books and other relevant learning materials. There is serious concern regarding the striking disparities in terms of access to education, attendance at primary and secondary levels and drop‑out rates between: different states, rural and urban areas, boys and girls, the affluent and poor, and children belonging to scheduled castes and tribes. The Committee emphasizes the importance of focusing attention on improving the provision and quality of education, especially in view of its potential benefit for addressing various concerns, including the situation of girls and reducing the incidence of child labour.
89. The Committee encourages the State party to enact the 83rd Constitutional Amendment Bill. In line with the 1993 and 1996 Supreme Court decisions (Unni Krishnan; and M.C. Mehta vs. State of Tamil Nadu and Others, respectively), the Committee recommends that the State party implement measures designed to comply with article 45 of the Constitution, which mandates free and compulsory education for all children up to 14.
90. The Committee recommends that the State party undertake studies on and develop measures to address, the prevailing disparities in access to education; to improve the quality of teacher training programmes and the school environment; to ensure that the quality of non‑formal education schemes is monitored and guaranteed, and that working and other children who participate in such schemes are integrated into mainstream education. The Committee recommends that the State party ensure and facilitate opportunities for the most vulnerable groups of children to proceed to secondary education.
91. The Committee recommends that the State party take due regard of the aims of education laid down in article 29 of the Convention, including tolerance and equality between the sexes and friendship among all peoples, ethnic, national and religious groups and persons of indigenous groups. The Committee recommends that the State party consider introducing human rights issues, including the Convention, into the school curricula.
92. The Committee encourages the State party to make available the necessary resources and to seek assistance from inter alia, UNICEF, UNESCO and relevant NGOs.
8. Special measures of protection
Unaccompanied, asylum-seeking and refugee children
93. Welcoming administrative policies which have generally been in line with international refugee law principles, the Committee is concerned that in the absence of legislation there remains no guarantee that children asylum-seekers and refugees will be ensured the protection and assistance provided by the Convention. The Committee is concerned that there exists the potential for children born of refugee parents to become stateless; that there is no adequate legal mechanism to deal with family reunification; and that although refugee children attend school on a de facto basis, there is no legislation which entitles these children to education.
94. The Committee recommends that the State party adopt comprehensive legislation to ensure adequate protection of refugee and asylum-seeking children, including in the field of physical safety, health, education and social welfare, and to facilitate family reunification. In order to promote the protection of refugee children, the Committee encourages the State party to consider ratifying the 1951 Convention relating to the Status of Refugees, and its 1967 Protocol; the 1954 Convention relating to the Status of Stateless Persons; and the 1961 Convention on the Reduction of Statelessness.
Children and armed conflict, and their recovery
95. The Committee is concerned that the situation in areas of conflict, particularly Jammu and Kashmir and the north-eastern states, have seriously affected children, especially their right to life, survival and development (art. 6 of the Convention). In the light of articles 38 and 39, the Committee expresses its very serious concern at reports of children who are involved in and are victims of these conflicts. Moreover, it is concerned at reports of involvement of the security forces in disappearances of children in these conflict areas.
96. The Committee recommends that the State party at all times ensure respect for human rights and humanitarian law aimed at the protection and care of children in armed conflict. The Committee calls upon the State party to ensure impartial and thorough investigations in cases of rights violations committed against children and the prompt prosecution of those responsible, and that it provide just and adequate reparation to the victims. The Committee recommends that clause 19 of the Protection of Human Rights Act be repealed to allow inquiries into alleged abuses committed by members of the security forces to be conducted by the National Commission on Human Rights. In line with the recommendations of the Human Rights Committee (CCPR/C/79/Add.81), the Committee recommends that the requirement of governmental permission for criminal prosecutions or civil proceedings against members of the security forces be abolished.
Economic exploitation
97. The Committee notes that India was the first country to sign a Memorandum of Understanding with the ILO in 1992 to implement the ILO-IPEC programme. The Committee further notes the amendments to schedules A and B of the 1986 Child Labour (Prohibition and Regulation) Act. Nevertheless, the Committee remains concerned at the large numbers of children involved in child labour, including bonded labour, especially in the informal sector, household enterprises, as domestic servants, and in agriculture, many of whom are working in hazardous conditions. The Committee is concerned that minimum age standards for employment are rarely enforced and appropriate penalties and sanctions are not imposed to ensure that employers comply with the law.
98. The Committee encourages the State party to withdraw its declaration with respect to article 32 of the Convention, as it is unnecessary in the light of the efforts the State party is making to address child labour. The Committee recommends that the State party ensure the full implementation of the 1986 Child Labour (Prohibition and Regulation) Act, the 1976 Bonded Labour (System Abolition) Act and the 1993 Employment of Manual Scavengers Act.
99. The Committee recommends that the 1986 Child Labour Act be amended so that household enterprises and government schools and training centres are no longer exempt from prohibitions on employing children; and coverage is expanded to include agriculture and other informal sectors. The Factories Act should be amended to cover all factories or workshops employing child labour. The Beedi Act should be amended so that exemptions for household‑based production are eliminated. Employers should be required to have and produce on demand proof of age of all children working on their premises.
100. The Committee recommends that the State party ensure that laws provide criminal and civil remedies, especially in the light of decisions of the Supreme Court in relation to compensation funds for child labourers (M.C. Mehta vs. The State of Tamil Nadu and
M.C. Mehta vs. Union of India). The Committee recommends that court procedures be simplified, so that responses are appropriate, timely and child-friendly; and to vigorously pursue enforcement of minimum-age standards.
101. The Committee recommends that the State party encourage states and districts to establish and oversee child labour vigilance committees, and ensure that a sufficient number of labour inspectors are adequately resourced to carry out their work effectively. A national mechanism to monitor the implementation of standards at state and local levels should be established and empowered to receive and address complaints of violations, and to file First Information Reports.
102. The Committee recommends that the State party undertake a national study on the nature and extent of child labour, and that disaggregated data, including violations, be compiled and kept up to date to serve as a basis for designing measures and evaluating progress. The Committee further recommends that the State party continue its efforts to carry out campaigns to inform and sensitize the general public, especially parents and children, of work hazards; and to involve and train employers, workers and civic organizations, government officials, such as labour inspectors and law enforcement officials, and other relevant professionals.
103. The Committee calls upon the State party to ensure that the competent authorities cooperate and coordinate their activities, including with respect to education and rehabilitation programmes; and that present cooperation between the State party and relevant United Nations agencies, such as ILO and UNICEF, and NGOs be expanded. The Committee recommends that the State party ratify ILO Convention No. 138 concerning the Minimum Age for Admission to Employment, and No. 182 concerning the Prohibiton and Immediate Action for the Elimination of the Worst Forms of Child Labour.
Drug abuse
104. In the light of article 33, the Committee is concerned about the increasing use and traffic in illicit drugs, especially in the large urban centres of Mumbai, New Delhi, Bangalore and Calcutta, and the growing use of tobacco among persons under 18 years, especially girls.
105. The Committee recommends that the State party develop a national drug control plan, or a Master Plan, with the guidance of the United Nations Drug Control Programme (UNDCP). The Committee encourages the State party to continue its efforts to provide children with accurate and objective information about substance use including tobacco use, and to protect children from harmful misinformation through comprehensive restrictions on tobacco advertising. The Committee recommends cooperation with and assistance from WHO and UNICEF. The Committee further recommends that the State party develop rehabilitation services for children who are victims of substance abuse.
Sexual exploitation and abuse
106. The Committee notes the Plan of Action to Combat Trafficking and Commercial Sexual Exploitation of Women and Children. However, in view of the scale of the problem, the Committee is concerned about the sexual abuse and exploitation of children, especially those belonging to the lower castes and from poor urban and rural areas, in the contexts of: religious and traditional culture; child domestic workers; children living and/or working on the streets; communal violence and ethnic conflict; abuse by the security forces in areas of conflict, such as Jammu and Kashmir, and the north-eastern states; and trafficking and commercial exploitation, especially girls from neighbouring countries, particularly Nepal. It is also concerned about the absence of adequate measures to combat this phenomenon and the lack of adequate rehabilitation measures.
107. The Committee recommends that the State party ensure that legislation criminalizes the sexual exploitation of children and penalizes all the offenders involved, whether local or foreign, while ensuring that the child victims of this practice are not penalized. While noting that Devadasi, or ritual prostitution, is prohibited under the law, the Committee recommends that the State party take all necessary measures to eradicate this practice. In order to combat trafficking in children, including for commercial sexual purposes, the Penal Code should contain provisions against kidnapping and abduction. The Committee recommends that the State party ensure that laws concerning the sexual exploitation of children are gender neutral; provide civil remedies in the event of violations; ensure that procedures are simplified so that responses are appropriate, timely, child-friendly and sensitive to victims; include provisions to protect from discrimination and reprisals those who expose violations; and vigorously pursue enforcement.
108. The Committee recommends that a national mechanism to monitor implementation should be established, as well as complaints procedures and helplines. Rehabilitation programmes and shelters should be established for child victims of sexual abuse and exploitation.
109. The Committee recommends that the State party undertake a national study on the nature and extent of sexual abuse and sexual exploitation of children, and that disaggregated data be compiled and kept up to date to serve as a basis for designing measures and evaluating progress. The Committee recommends that the State party continue its efforts to carry out extensive campaigns to combat harmful traditional practices, such as child marriages and ritual prostitution; and inform, sensitize and mobilize the general public on the child's right to physical and mental integrity, and safety from sexual exploitation.
110. The Committee recommends that bilateral and regional cooperation be reinforced, involving cooperation with border police forces from neighbouring countries, especially along the eastern frontier areas in the states of West Bengal, Orissa and Andhra Pradesh. The State party should ensure that the competent authorities cooperate and coordinate their activities; and that present cooperation between the State party, and, inter alia, UNICEF, be expanded.
Administration of juvenile justice
111. The Committee is concerned over the administration of juvenile justice in India and its incompatibility with articles 37, 40 and 39 of the Convention and other relevant international standards. The Committee is also concerned at the very young age of criminal responsibility - 7 years - and the possibility of trying boys between 16 and 18 years of age as adults. Noting that the death penalty is de facto not applied to persons under 18, the Committee is very concerned that de jure, this possibility exists. The Committee is further concerned at the overcrowded and unsanitary conditions of detention of children, including detention with adults; lack of application and enforcement officers of existing juvenile justice legislation; lack of training for professionals, including the judiciary, lawyers and law enforcement officers, in relation to the Convention, other existing international standards and the 1986 Juvenile Justice Act; and the lack of measures and enforcement thereof to prosecute officials who violate these provisions.
112. The Committee recommends that the State party review its laws in the administration of juvenile justice to ensure that they are in accordance with the Convention, especially articles 37, 40 and 39, and other relevant international standards 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), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty and the Vienna Guidelines for Action on Children in the Criminal Justice System.
113. The Committee recommends that the State party abolish by law the imposition of the death penalty on persons under 18. The Committee also recommends that the State party consider raising the age of criminal responsibility and ensure that persons under 18 years are not tried as adults. In accordance with the principle of non-discrimination contained in article 2 of the Convention, the Committee recommends article 2 (h) of the 1986 Juvenile Justice Act be amended to ensure that boys under 18 years are covered by the definition of juvenile, as girls already are. The Committee recommends that the 1986 Juvenile Justice Act be fully enforced and that the judiciary and lawyers be trained and made aware of it. The Committee further recommends that measures be taken to reduce overcrowding, to release those who cannot be given a speedy trial and to improve prison facilities as quickly as possible. The Committee recommends that the State party ensure regular, frequent and independent monitoring of institutions for juvenile offenders.
114. 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.
9. Dissemination of the report
115. Finally, the Committee recommends that in accordance with article 44, paragraph 6, of the Convention, the initial report submitted by the State party be made widely available to the public at large and that consideration be given to the publication of the report along with the written answers to the list of issues raised by the Committee, the relevant summary records of the discussion and the concluding observations adopted thereon by the Committee following its consideration of the report. Such a document should be widely distributed in order to generate debate and awareness of the Convention and its implementation and monitoring within the Government, the Parliament and the general public, including concerned non‑governmental organizations.
2. Concluding observations of the Committee on the
Rights of the Child: Sierra Leone
116. The Committee received the initial report of Sierra Leone on 10 April 1996 (CRC/C/3/Add.43) and considered the report at its 593rd to 594th meetings (see CRC/C/SR.593‑594), held on 13 January 2000, and adopted* the following concluding observations.
A. Introduction
117. The Committee welcomes the submission of the State party's initial report and takes note of the written answers to the list of issues (CRC/C/Q/SIR/1) submitted by the State party. The Committee notes with appreciation the delegation's efforts to provide all the information requested and takes note that the State party included in its delegation a representative of Sierra Leonean NGOs.
B. Positive aspects
118. The Committee notes the State party's efforts to fulfil its reporting obligations under the Convention in spite of the internal armed conflict that has continued since 1991. The Committee notes with satisfaction the signing on 7 July 1999 of a peace agreement in Lomé and the end of hostilities within the State party. The Committee is especially encouraged by the inclusion in the Lomé peace agreement of references to children's rights and to the Convention on the Rights of the Child.
119. Further, the Committee is encouraged by the State party's efforts to seek assistance from the international community and to establish a truth and reconciliation commission which can contribute to the establishment of a lasting peace in an environment of respect for human rights. The Committee notes the State party's efforts to develop a child rights bill which would incorporate the provisions of the Convention in domestic law. The Committee further notes the State party's excellent cooperation with national NGOs and progress in disseminating the provisions and principles of the Convention.
C. Factors and difficulties impeding the implementation of the Convention
120. The Committee recognizes the severe social and economic difficulties imposed both upon the State party and upon the general population by the many years of armed conflict, including a period during which regional sanctions were imposed. The Committee recognizes, further, that the repeated changes of government within the State party, including through military action, have made it difficult to develop and implement a concerted policy of implementation of the Convention.
* At the 615th meeting, held on 28 January 2000.
D. Principal subjects of concern, suggestions and recommendations
1. General measures of implementation
Legislation
121. The Committee is concerned that some aspects of existing legislation, and some aspects of customary law, are not consistent with the principles and provisions of the Convention. The Committee is concerned that the Convention on the Rights of the Child is not applicable in the courts.
122. The Committee recommends that the State party undertake a review of existing legislation and of customary law practices and, where appropriate, adopt or amend legislation so as to ensure compatibility with the principles and provisions of the Convention. In addition, the Committee urges the State party to consider introducing legislation which would allow the Convention to be directly applicable in domestic courts.
Coordination/independent monitoring structures
123. The Committee recognizes the State party's efforts to establish mechanisms through which coordination can be conducted. The Committee remains concerned, however, that these mechanisms are not themselves coordinated and that there is a lack of clear responsibility for the formulation of policy, lying with a single coordinating body. The Committee is also concerned at the absence of a clear monitoring structure and the lack of precise indicators according to which monitoring of the Convention's implementation can be conducted.
124. While the Committee is encouraged by the State party's efforts to develop projects focusing on children, the Committee emphasizes the importance of developing an overall strategy for the effective protection of children's rights, and that individual projects should each form a part of this larger strategy. Noting that the Ministry of Social Welfare, Gender and Children's Affairs has principal responsibility for child protection issues, the Committee is concerned at the extreme lack of funding and other resources available to this Ministry.
125. In this regard, the Committee urges the State party to secure adequate funding for the Ministry of Social Welfare, Gender and Children's Affairs to ensure the effective implementation of its child protection mandate. The Committee recommends, in addition, that the State party expand the mandate of this Ministry to include coordination of the Convention's implementation, and provide the Ministry with the necessary authority and resources to develop a cross‑ministerial strategy for the protection of children's rights.
126. The Committee further recommends that the State party consider the establishment of an independent body to monitor the Convention's implementation, and that the conclusions of such monitoring be used to improve the development and implementation of policies affecting children.
Decentralization
127. The Committee is concerned that, in the past, the delivery of services and the overall implementation of children's rights have been severely hampered by an over-centralization of decision-making and policy implementation authority in the capital city.
128. The Committee recommends that the State party strengthen ongoing efforts at decentralization of authority to the districts and local levels with regard to the implementation of the Convention.
The maximum extent of available resources
129. Recognizing that the effective implementation of the Convention relies upon an adequate and consistent allocation of budgetary resources, the Committee expresses concern at the lack of clarity in the current definition of resource allocation in favour of children.
130. In the 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 rights of children, to the maximum extent of available resources and, where needed, within the framework of international cooperation. The Committee urges the State party to establish a clear policy on the allocation of resources in favour of children, including those resources allocated by international agencies or bilateral assistance, and to establish how these resources will be used in the medium- term future.
International cooperation
131. Deeply concerned at the overall situation of children in the State party and the severe damage caused to national infrastructure and the economy by the years of conflict, the Committee is concerned at the State party's limited resources with which to address such a wide array of problems.
132. The Committee strongly recommends that the State party seek extensive international cooperation towards the implementation of the principles and provisions of the Convention, bearing in mind the need to strengthen national capacity.
Cooperation with NGOs
133. The Committee recognizes the very significant cooperation developed between the State party and national NGOs in favour of children, but is concerned that a disproportionate level of resources are used through international NGOs, to the detriment of national organizations and structures.
134. The Committee urges the State party to maintain the important progress made so far and to continue to work closely with national NGOs. The Committee further urges the State party to strengthen national NGOs by encouraging international partners to favour these national structures in their funding and implementation programmes.
Dissemination of the Convention
135. Recognizing the particular importance of an understanding of children's rights in post‑conflict reconstruction in the State party, and particularly in contexts where some customary law or traditional practices may be harmful for some children, the Committee acknowledges the progress made by the State party in disseminating the principles and provisions of the Convention. The Committee remains concerned, however, that dissemination and understanding of the Convention has not been followed by corresponding implementation in the everyday activities or work of civil servants and the population at large.
136. In the light of article 42, the Committee recommends that the State party make additional efforts in the dissemination of the Convention, provide training on its provisions for professionals, inter alia law officials, teachers and health workers, and provide teaching on its provisions to the adult population. The State party should ensure that such training focuses on, and contributes to, practical implementation of the Convention's provisions and principles. In addition, the Committee recommends that the State party make every effort to develop a culture of knowledge and respect for human rights in all sectors of the population.
2. Definition of the child
137. The Committee is concerned that the definition of a child is not consistent in domestic legislation, noting that under the Sierra Leone Citizenship Act of 1973 "a person shall be of full age if he has attained the age of 21 years". Similarly, a "child" is defined in the Education Act as "a person under the age of 21 years" (State party report, para. 25). However, the Committee notes that under the Prevention of Cruelty to Children Act a child is defined as a person under the age of 16.
138. The Committee recommends that the State party conduct a review of domestic legislation so as to ensure a consistent definition of a child and to adopt 18 years or above as the age of majority.
Minimum age of marriage
139. The Committee is very concerned at the practice of arranging marriages ‑ under customary law ‑ for very young girls, in particular against the free will of the child. The Committee notes that such practices violate the provisions and principles of the Convention on the Rights of the Child.
140. The Committee recommends that the State party undertake child rights promotional activities in communities which apply such customary law practices, explaining the rights of children in this regard with a view to ensuring that a minimum age for marriage is established, that it is the same for both boys and girls, and that girls are not forced into marriage.
Minimum age of recruitment/conscription
141. The Committee is deeply concerned at the massive participation of children in armed forces in the State party, either as combatants or in other roles. The Committee also notes that no minimum age is established in national legislation for voluntary recruitment ‑ when the consent of a specified adult party is given.
142. The Committee welcomes the State party's announcement of its intention to pass legislation raising the minimum age of recruitment to 18, and urges the State party to move quickly towards this goal and to ensure that the new legislation is enforced.
The age of criminal responsibility
143. The Committee is concerned that the minimum age of criminal responsibility ‑ set at 10 years by domestic legislation ‑ is very low.
144. The Committee recommends that the State party review relevant legislation and raise the minimum age of criminal responsibility.
3. General principles
Non‑discrimination
Prohibition of discrimination
145. The Committee welcomes the inclusion in the State party Constitution of a provision prohibiting discrimination, but remains concerned that some of the criteria listed as prohibited grounds of discrimination under the Convention on the Rights of the Child are absent from the State party Constitution.
146. The Committee recommends that the State party review the Constitution and other relevant national legal instruments, enlarging the list of prohibited grounds of discrimination to include "disability, birth, other [than political] opinion", as provided for in article 2 of the Convention. The Committee further urges the State party to implement effective measures to prevent discrimination and to address those cases which continue to occur.
Discriminatory practices
147. Furthermore, the Committee is concerned at the extent to which ethnic and gender discrimination are witnessed in the State party, in spite of domestic legislation prohibiting such discrimination.
148. Recognizing the many different ways in which direct or indirect discrimination affects girls, and that discrimination against women, involving such issues as inheritance rights, can have a major impact on their capacity to provide for the needs of their children, the Committee
urges the State party to give particular attention to addressing discrimination against both girls and women, inter alia by reviewing domestic legislation so as to ensure that discriminatory provisions are removed and that adequate protection from discrimination is provided.
149. While the Committee is encouraged by the exclusion of girls from the application by domestic courts of corporal punishment sentences, the Committee nevertheless considers this provision to be discriminatory between boys and girls.
150. The Committee urges the State party to extend the prohibition of State sanctioned corporal punishment to boys.
Best interests of the child
151. The Committee is concerned at indications that the principle of the best interests of the child has not been systematically taken into consideration in administrative and legal policy and practice.
152. The Committee recommends that the State party consider ways through which the principle of the best interests of the child can be promoted and protected.
Respect for the views of the child
153. The Committee emphasizes the importance for the State party of promoting respect for the views of the child and encouraging child participation.
154. The Committee encourages the State party to promote public awareness of the participatory rights of children and to take effective measures to ensure respect for the views of the child within schools, families, social institutions, and the care and judicial systems.
Survival and development
155. The Committee is concerned that efforts to respect the principle of the survival and development of the child have focused primarily on children living in cities and the main towns.
156. The Committee urges the State party to make every effort to ensure that policy, programmes and activities focus on respecting the principle of the survival and development of all children.
4. Civil rights and freedoms
Birth registration
157. The Committee is concerned that the absence of systematic birth registration in the State party, thereby preventing an accurate statement of the identity or age of a child, can make it very difficult for the protection afforded to children by domestic legislation or by the Convention to be enforced. The Committee is also concerned at the arbitrary manner, in the absence of birth registration records, in which age and identity are frequently established.
158. In the light of article 7 of the Convention, the Committee recommends that the State party establish as quickly as is possible a practice of systematic birth registration for all children born within the national territory. The Committee further urges the State party to proceed with the registration of those children who have not thus far been registered.
The right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment
159. The Committee expresses its grave concern over the reported massive occurrence of torture and other cruel, inhuman or degrading treatment or punishment, including amputations and mutilations, committed against children.
160. Recognizing that the majority of these acts were committed in the context of the armed conflict, and with a view to achieving reconciliation and prevention, the Committee urges the State party to use the truth and reconciliation commission process to raise discussion on such acts. The Committee, in addition, urges the State party to undertake measures which will ensure that such acts will, in the future, receive an appropriate response through the judicial process.
Prohibition of corporal punishment
161. The Committee is concerned that corporal punishment is widely practised in the State party and that, in particular, it is used in the sentencing of boys under the age of 17 by domestic courts.
162. In the light of articles 19, 28 (2) and 37 (a) of the Convention, the Committee urges the State party to take legislative and educative measures to prohibit the use of corporal punishment by the courts, all public officials and in schools, and to consider the prohibition of its use in the family.
5. Family environment and alternative care
Parental guidance and responsibilities
163. The Committee is concerned that parents and families, particularly given the specific nature of the recent conflict, are in need of support and guidance with regard to their responsibilities for children under their care. The Committee is concerned, further, at reports indicating that some children, such as those who were forced to participate in hostilities, are not always accepted back into their families and communities.
164. The Committee recommends that the State party make every effort to strengthen family ties and the capacity of parents to fulfil their role in contributing to the protection of children's rights and providing, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the Convention. The Committee recommends, inter alia, the strengthening of existing mechanisms which provide guidance to parents and families, and that equal emphasis, in such efforts, be placed on the roles of women and of men.
Children deprived of a family environment
165. The Committee is deeply concerned at the large numbers of children who have been deprived of a family environment through the death of, or separation from, their parents or other family, and at reports of the difficulties and slow progress in tracing separated families and children. The Committee is concerned, further, that children deprived of their family environment may increasingly travel to the main towns, where they may live on the streets and be particularly vulnerable to exploitation and abuse.
166. The Committee urges the State party to make every effort to strengthen family tracing programmes and also to plan for the effective provision of alternative care for separated children, with particular focus on unaccompanied children living in the streets of main towns and making use of the extended family, foster care and other alternative family structures.
Adoption
167. The Committee notes the introduction by the State party of the 1989 Adoption Act, but is nevertheless concerned that child nationals of the State party may remain vulnerable to problems of illegal adoption, including intercountry adoption.
168. The Committee recommends that the State party ratify the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption with a view to providing additional legal protection.
6. Basic health and welfare
Health services
169. Taking note of the very high child and maternal mortality rates, rates of malnutrition and various preventable diseases and the probability of widespread psychological trauma, the Committee is concerned at the very low coverage of basic health services across the country and at the absence of mental health facilities.
170. The Committee urges the State party to make every effort to rebuild national health infrastructures and to ensure the access of the whole population to basic health services, including in rural areas. The Committee recommends, in addition, the establishment of a comprehensive mental health service. Further, the Committee urges the State party to seek international cooperation in implementing this recommendation.
Children with disabilities
171. Recognizing that children with disabilities may be especially disadvantaged by the conditions inherent in armed conflicts, the Committee is concerned at the limited information provided by the State party on the situation of children with disabilities. Noting the existence of some facilities specific to children with disabilities, the Committee nevertheless emphasizes that respect for the rights of children with disabilities requires an integrated approach to the overall situation of such children.
172. In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96), the Committee's recommendations adopted at its day of general discussion on "The Rights of Children with Disabilities" (see CRC/C/69), and with particular reference to article 23 of the Convention, the Committee recommends that the State party conduct an assessment of the number of children with disabilities, the type of disabilities and the needs of children with disabilities with regard to rehabilitative and other forms of care, and make every effort to improve the facilities and services available. The Committee supports the State party in its efforts to include children with disabilities in the mainstream education process and recommends that these efforts be pursued and that every effort be made to address the concerns raised in the State party's assessment.
173. The Committee further encourages the State party to make every effort to benefit from international cooperation in favour of children with disabilities, in accordance with article 23, paragraph 4 of the Convention.
HIV/AIDS
174. The Committee is deeply concerned that the incidence of HIV/AIDS in the State party is likely to have risen significantly during the period of armed conflict and population displacement.
175. The Committee recommends that the State party urgently develop mechanisms to effectively monitor the incidence and spread of HIV/AIDS. The Committee further recommends that the State party rapidly develop and implement a strategy for prevention, including through the use of information campaigns, and for care of people who are victims of HIV/AIDS, including for alternative care of their children. In this regard, the Committee urges the State party to seek assistance from the World Health Organization.
Traditional practices prejudicial to the health of children
176. The Committee is very concerned at the widespread practice of female genital mutilation.
177. In the light of article 24.3 of the Convention, the Committee urges the State party to pass legislation prohibiting practices of female genital mutilation, to ensure that such legislation is enforced in practice and to undertake preventive information campaigns. The Committee further recommends that the State party benefit from the experience of other States in this area and consider, inter alia, adopting alternative practices of a purely ceremonial nature, which do not involve any physical acts.
Psychological care
178. The Committee is concerned that the State party has insufficient capacity to provide psycho‑social assistance to the many children who have suffered forms of psychological trauma.
179. The Committee urges the State party to make every effort to strengthen available psycho‑social assistance and to recruit more mental health workers. The Committee recommends, in addition, that the State party seek technical assistance in this domain.
7. Education, leisure and cultural activities
Right to education
180. The Committee is deeply concerned over the lack of implementation of the right to education of children in the State party. The Committee is concerned particularly at the drastic fall in the number of primary schools, with the remaining schools concentrated primarily in the main towns to the exclusion of the rural population. The Committee is further concerned at information indicating that 70 per cent of primary schoolteachers are not qualified and at the very high drop-out rates of children from primary school education. In addition, while recognizing the State party's efforts to provide free education to children in the first three years of primary school, the Committee notes that State party assistance to pupils and parents only covers school fees and does not provide for other education related costs. Children in other classes must carry the entire burden of the cost of their education.
181. Recognizing the efforts made by the State party to establish schools in displaced persons camps and to raise the levels of enrolment among both girls and boys, the Committee urges the State party to rapidly reopen primary schools in all regions of the country, including in rural areas, so as to ensure that every child has access to primary education. With a view to assuring a better quality of education, the Committee further urges the State party to encourage trained teachers who have left the State party to return, to strengthen teacher training courses so as to increase the number and standard of teachers, and to invest sufficient resources in the education system to provide adequate school facilities, materials and salaries for teachers. The Committee urges the State party to ensure that education is entirely free for all students, including through the provision of assistance to purchase uniforms and school books. The Committee also recommends that the State party seek assistance from international agencies, such as UNICEF.
182. The Committee encourages the State party in its efforts to integrate peace education, civil education and human rights into its teacher training programmes and school curricula, and recommends that the State party continue this process, expanding it to include child rights, and ensure that every child receives such education.
183. The Committee expresses its particular concern at the very high rate of illiteracy among women and the extremely low levels of primary school enrolment and graduation among girls.
184. The Committee recommends that the State party make every effort to increase the enrolment and graduation rates of girls in primary education, inter alia through the promotion of children's rights in rural communities and through the enforcement of compulsory primary education requirements.
8. Special protection measures
Armed conflict
185. The Committee expresses its extremely deep consternation at the very high numbers of children who have been forcibly recruited into armed forces, including children as young as five years old, and who have often been forced to commit atrocities against other people, including other children and members of their community. The Committee expresses its great concern at the horrifying amputation of hands, arms and legs, and at the many other atrocities and acts of violence and cruelty committed by armed persons against children, including, in some cases, against very young children.
186. The Committee is deeply saddened by the direct effects of the armed conflict on all child victims, including child combatants, and is concerned at the tragic loss of life and severe psychological trauma inflicted upon them. The Committee is also concerned at the very high number of children who have been internally displaced within the country or who have been forced to leave as refugees including, in particular, those who have been separated from their parents.
187. The Committee is further concerned at the indirect effects of the armed conflict - the destruction of educational and health infrastructures, of water collection, purification and distribution systems, of the national economy, of agricultural production, of communication infrastructure - all of which have contributed to a massive and continuing violation for a majority of children in the State party of many of the rights provided for in the Convention.
188. The Committee urges the State party to take every feasible measure to have all child abductees and combatants released and demobilized and to rehabilitate and reintegrate them in society. The Committee further recommends that the State party establish and strictly enforce legislation prohibiting the future recruitment, by any armed force or group, of children under the age of 18, in accordance with the African Charter on the Rights and Welfare of the Child.
189. The Committee also urges the State party to take all necessary measures in cooperation with national and international NGOs and United Nations bodies, such as UNICEF, to address the physical needs of children victims of the armed conflict, in particular child amputees, and the psychological needs of all children affected directly or indirectly by the traumatic experiences of the war. In this regard, the Committee recommends that the State party develop as quickly as possible a long‑term and comprehensive programme of assistance, rehabilitation and reintegration.
190. The Committee further urges the State party to make every effort to assist children who have been displaced from their homes to return as soon as possible, including through assistance in the reconstruction of homes and other essential infrastructure, within the framework of international cooperation.
Unaccompanied, asylum-seeking and refugee children
191. The Committee is concerned at the situation of the continuing numbers of unaccompanied children in the State party.
192. The Committee urges the State party to make every effort to support these children through, inter alia, family tracing activities and assistance in gaining access to health services, schools or vocational training activities, as appropriate.
193. The Committee is deeply concerned at the situation of the many children, citizens of the State party, who are currently refugees.
194. The Committee urges the State party to make every effort to create conditions conducive to the return of child refugees and their families, including through international cooperation, inter alia, that of UNHCR.
Economic exploitation
195. The Committee is concerned by the increasing incidence of child labour, in particular on the streets of the main towns, and anticipates that, in the current post-conflict situation, the number of children engaged in such labour is likely to increase. The Committee is especially concerned at the situation of children begging in cities and major towns.
196. The Committee urges the State party to make urgent efforts to monitor and address the use of children as labour, including through action to address the causes of child labour. The Committee urges the State party to seek international cooperation, including, for example, through the International Labour Organization's International Programme for the Eradication of Child Labour (IPEC).
197. The Committee recommends that the State party consider ratifying International Labour Organization Convention No. 138, concerning the Minimum Age for Admission to Employment, 1973, and No. 182, concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, 1999.
Drug abuse
198. The Committee is concerned at the recent and rapid increase in the abuse of drugs by children, particularly among child former combatants.
199. Recognizing the State party's efforts in Freetown to combat drug use, the Committee urges the State party to establish similar activities in other towns and in internally displaced persons camps. The Committee recommends, in addition, that the State party seek international cooperation in this domain, including for the provision of psychosocial assistance for addicts.
Sexual exploitation and abuse
200. The Committee is concerned that provisions in national domestic legislation providing protection to children from sexual exploitation and abuse only offer such protection to children up to the age of 14.
201. The Committee recommends that the State party review domestic legislation in order to raise the age levels of such protection, and to ensure that boys benefit from the same protection as girls.
202. The Committee expresses its deep concern with regard to the many incidents of sexual exploitation and abuse of children, particularly in the context of the conscription or abduction of children by armed persons and in the context of attacks on civilian populations by armed persons, and particularly with regard to girls. The Committee is also concerned at reports of commercial sexual exploitation and of widespread sexual abuse of girls within the family, within internally displaced person camps and within communities.
203. The Committee urges the State party to include studies of incidents of sexual abuse in the context of the armed conflict among the issues to be discussed by the truth and reconciliation commission. The Committee recommends that the State party initiate information campaigns alerting the public to the risks of sexual abuse within the family and within communities. In addition, the Committee urges the State party to provide the necessary psychological and material assistance to the victims of such exploitation and abuse and to assure their protection from any possible social stigmatization. The Committee further encourages the State party, in its efforts to address practices of commercial sexual exploitation, to take into account the recommendations formulated in the Agenda for Action adopted at the World Congress against Commercial Exploitation of Children, held in Stockholm in 1996.
204. With regard to sexual abuse in the family and communities, the Committee recommends that the State party consider the establishment of mechanisms through which incidents can be identified, reported and addressed, inter alia through medical professionals, law enforcement and judicial officials.
Administration of juvenile justice
205. The Committee is concerned at the absence of precise data on the numbers and situation of children in detention or serving prison sentences in the State party. The Committee is also concerned at the very poor conditions in prisons and detention facilities in the State party. The Committee is further concerned that domestic legislation requires only that minors in detention be separated from adults as far as circumstances permit.
206. While recognizing the limited resources available to the State party, the Committee recommends, nevertheless, that every effort be made to gather information on the numbers and legal situation of children currently in detention in the State party. The Committee urges the State party to apply domestic legislation requirements that imprisonment be a measure of last resort, particularly given the prevailing conditions in national detention facilities. The Committee recommends that the State party strengthen and make use of alternatives to imprisonment.
207. In the light of articles 37 and 40 and 39 of the Convention, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines on the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, the Committee recommends that the State party harmonize domestic legislation, as a whole, with relevant international legal instruments and seek to apply the international standards provided for in these instruments.
208. The Committee further recommends the training of personnel involved with the juvenile justice process in child psychology and development and relevant human rights law. 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.
9. Dissemination of the report, written answers and concluding observations
209. 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 at large and that the publication of the report be considered, along with the relevant summary records and concluding observations adopted thereon 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. The Committee recommends that the State party request international cooperation in this regard.
3. Concluding observations of the Committee on the
Rights of the Child: Costa Rica
210. The Committee considered the second periodic report of Costa Rica (CRC/C/65/Add.7) at its 595th and 596th meetings (see CRC/C/SR.595-596), held on 14 January 2000, and adopted* the following concluding observations.
A. Introduction
211. The Committee welcomes the submission on 20 January 1998 of the State party's second periodic report. However, it notes that the State party's report did not follow the guidelines for periodic reports established by the Committee, with the result that it did not sufficiently cover important areas of the Convention, such as general principles, civil rights and freedoms, and family environment and alternative care. The Committee takes note of the written replies to its list of issues (CRC/C/Q/COS.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.