Distr. GENERAL CRC/C/Q/KEN/1 15 June 2001 Original: ENGLISH

A. Data and statistics, if available

1. Please provide updated demographic data of the under-18 population, disaggregated by sex, urban and rural areas.

2. Please provide specific disaggregated data on national budgetary allocation and spending for social needs for the period between 1999 and 2001. In particular, how much was spent on:

a) education (including allocations for pre-school, primary and secondary education, salaries, preservation of school buildings, etc.);

b) health (including allocations for HIV/AIDS programmes, primary health care, vaccinations, adolescent health care and other health care services for children);

c) child protection (for example institutional or foster care);

d) programmes for children with disabilities

e) juvenile crime prevention and rehabilitation programmes.

3. Please provide disaggregated statistical data on birth registration covering the period 1999-2001

Please provide disaggregated data (by sex, age, urban or rural areas), covering the period 1998-2000 on the number of children deprived of their family environment:

a) AIDS orphans;

b) children separated from their parents;

b) children in domestic and intercountry adoption programmes;

c) children living in institutions;

d) children placed with relatives and in welfare institutions.

5 Please specify for the period 1998-2000, the enrollment and dropout rates, disaggregated by sex, age, rural and urban areas, in percentages, in:

a) pre-primary

b) primary;

c) secondary;

e) vocational; and

f) religious schools.

Please also indicate the number of trained teachers in relation to those untrained

within the educational system.

6. Please provide quantitative and qualitative data on children with disabilities, disaggregated by sex and age:

a) living with their families;

b) in institutions;

c) attending regular schools - the teacher student ratio in those schools; and

d) attending special schools.

Please also indicate the number of teachers with special education training.

7. Please provide disaggregated statistical data on adolescent and early childhood health concerns, including:

a) HIV/AIDS and STDs;

b) Female Genital Mutilation;

c) Early marriages and pregnancies;

d) Reported sexual abuse

e)Infant, U-5 and maternal mortality rates; and

f) Vaccination rates

8. Please provide the following statistical data on children in conflict with the law (disaggregated by sex, age, type of crime, type of sanction) for the last three years (1998-2000):

a) number who have allegedly committed a crime reported to the police;

b) number who were sentenced by Courts to sanctions;

c) nature of sanctions (fines; detention; community service; other);

d) number of suspended sentences;

e) where the sanction is deprivation of liberty, please further specify the period of detention; and

f) percentage of recidivism cases.

B. General Measures of Implementation

1. While it is noted that the Childrens Bill is in principle soon to be enacted and that a number of additional child-related legislation is envisaged, please indicate the remaining inconsistencies between domestic law and the Convention and outline the measures taken to address them. Please provide information on the status of customary law and Islamic law and highlight any inconsistencies with the Convention and the measures taken to address them. Please also provide and update of the status of the review of the Constitution, with particular emphasis on child related aspects.

2. Please outline the measures taken to establish an effective co-ordinating mechanism to promote and facilitate the implementation and monitoring of the Convention.

4. Please provide information on the role and mandate of the Standing Committee on Human Rights and indicate whether it is responsible for monitoring violations of children rights provided under the Convention. Please also provide information on the resources (human and financial) allocated to the Standing Committee on Human Rights. Please provide an update of the status of the resolution passed by the Parliament in 1998 to create an Ombudsmans Office.

4. While the Committee is aware of the economic challenges faced by the State party, please provide updated information on the measures taken to implement article 4 of the Convention, including through international cooperation and technical assistance.

5. Please outline the measures taken by the State party to disseminate the principles and provisions of the Convention at the community level in all regions of the country. Additionally, please provide additional information on the efforts taken to train professionals working with and for children, including teachers, social workers, psychologists, magistrates, police and others involved in the juvenile justice process, in all regions of the country.

Under this section, States parties are invited, whenever appropriate, to briefly (3 pages maximum) up-date the information provided in their report with regard to:

- new bills or enacted legislation

- new institutions

- newly implemented policies

- newly implemented programmes

The following is a preliminary list of major issues that the Committee intends to take-up during the dialogue with the State party. THEY DO NOT REQUIRE WRITTEN RESPONSES. This list is not exhaustive, and other issues may be raised in the course of the dialogue.

The dialogue with the State party might include issues such as:

1. Definition of the child:

Low, unequal and/or unclear legal minimum ages age of criminal responsibility; compulsory education; for marriage of both boys and girls, including under Islamic law; and voluntary recruitment into the armed forces.

2. Gender discrimination:

a) measures to combat traditional attitudes which may prevent girls, especially in rural areas, from attending school; and

b) training on gender-discrimination for the judiciary and other relevant professionals involved in the application of family law.

3. Best interests of the child and respect for the views of the children: Implementation of these general principles in judicial and administrative and other matters.

5. Female genital mutilation and other harmful traditional practices: Legal and other measures to address harmful traditional practices.

6. Domestic violence, corporal punishment, neglect and abuse, including sexual abuse of children: Legal and other measures to protect children from ill-treatment; mechanisms for children to file complaints and for mandatory reporting (e.g. by teachers and police); and rehabilitation programmes for child victims.

7. Legislation, policies, services and educational programmes, for children with disabilities, including mental disabilities.

8. Measures to address early childhood health concerns including malnutrition, infant and child mortality, maternal mortality, malaria and HIV/AIDS. Health care services for children.

9. Access to information relating to physical and mental development, including education on reproductive health, STD and HIV/AIDS prevention, drug abuse, and early marriage and pregnancy. Availability of child-friendly counselling and rehabilitation services.

10. Standard of living - availability of services and programmes to alleviate and eradicate poverty, especially for families living below the poverty line, child-headed households, children living and/or working on the streets and AIDS orphans.

10. Legal and other measures to ensure free and compulsory primary education. Access to education, especially for girls and children from economically disadvantaged families, including pre-primary education. Efforts to rationalise cost-sharing in education. The relevance, quality and methods of education, high dropout and repetition rates, low literacy rate, availability of qualified teachers and training for teachers, especially in rural areas. Efforts to introduce human rights education within the school curriculum.

11. Legal and other measures to protect the rights of internally displaced children as well as refugee, unaccompanied and asylum seeking children - their access to education, health, and social services as well as their protection against violence and abuse. Measures taken to facilitate reunification of families.

12. Child Labour:

a) the absence of a legal minimum for access to employment; and

b) consideration given to ratify ILO Convention No. 182 on Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour.

13. Juvenile justice:

Measures to strengthen the juvenile justice system and enhance compliance with the Convention, particularly:

a) legal procedures, including the quality of juvenile courts and legal assistance;

b) detention, including the quality of facilities, separation from adults, access to services, and rehabilitation; and

c) allegations of extra-judicial killings, torture, other cruel, inhuman or degrading treatment or punishment.

14. Ethnic minorities:

a) The status of children belonging to ethnic minorities, including nomads - their access to education, health and other social services.

b) Efforts to facilitate the return of those ethnic minorities displaced during the conflicts in 1992 and 1997 taking into account the recommendations of the presidential Commission on Ethnic Clashes.