List of issues : Namibia. 12/07/94.
CRC/C.4/WP.4. (List of Issues)
COMMITTEE ON THE RIGHTS OF THE CHILD
Fourth session
Pre-sessional Working Group
28 June-2 July 1993

IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD


List of issues to be taken up in connection with the
consideration of the initial report of Namibia
(CRC/C/3/Add.12)

General measures of implementation
(Arts, 4, 42 and 44, para. 6 of the Convention)

1. Please provide more details about the process of preparing the report.

2. What concrete measures have been taken to make the report widely available to the public at large (para. 31 of the report)?

3. Please indicate how the measures planned for creating more widespread awareness among adults and children about the principles and provisions of the Convention (paras. 29 and 30 of the report) have been implemented?

4. To what extent have school curricula been adjusted to give room for education about the Convention? What measures have been taken to train professional groups about the Convention?

5. What more has been done in the area of establishing enforcement mechanisms since the report was written (paras. 27 and 28)?

6. What is the status of the Convention in relation to national law? Can the provisions of the Convention be invoked in court?

7. What further legislative work has been completed since the report was written? What is the situation regarding the new Children's Act?

8. Please provide information on the measures taken to improve the mechanisms for the collection of statistical data and other necessary information on the status of children as a basis for designing programmes for the rights of the child and indicate whether there is a need for technical assistance in this area. What research is undertaken or planned in these areas?

9. Please describe steps taken to implement article 4 in regard to the allocation "to the maximum extent of (...) available resources for the rights of the child". What proportion of the national budget is allocated to social priorities for children in official budgets, both central and local? What indicators or target figures are used in this context?

10. To what extent is international cooperation designed in order to enhance the implementation of the Convention? Are there further suggestions in this regard? What share of international assistance is devoted to programmes which benefit children?


Definition of the child
(Art. 1 of the Convention)

1. What is meant by "child", in the meaning of article 1 of the Convention, under national present or proposed legislation?

2. What legislative measures are envisaged to remedy the gender bias referred to in paras, 39 and 45 of the report including in the area of inheritance rights?


General principles

Non-discrimination (Art, 2 of the Convention)

1. Please indicate to what extent the provisions of article 2 are covered in present or proposed national legislation and in practice with regard to all possible grounds for discrimination spelled out in that article.

2. What specific measures are being taken to combat discrimination against girls, e.g. as in paras. 39, 44, 45 and cultural practices, attitudes and prejudices?

Best interests of the child (Art. 3 of the Convention)

3. It has been mentioned in the report that many legislative and administrative measures have been taken to ensure the best interests of the child, Please indicate the main problems remaining in this respect.

Respect for the views of the child (Art. 12 of the Convention)

4. Please indicate the ways in which the principle of respect for the views of the child is reflected in practice in all matters affecting the child.


Civil rights and freedoms
(Arts. 7, 8, 13-17 and 37(a) of the Convention)

1. Given the size of Namibia and its lack of adequate communication infrastructure, please indicate how the registration of births within the 14 days prescribed by law is ensured particularly in the rural areas.

2. Please indicate to what extent measures taken in the field of civil and political rights have had any positive impact on children. Are any difficulties encountered in the implementation of these rights?


Family environment and alternative care
(Arts. 5, 18 paras. 1-2, 9, 10, 27 para, 4, 20, 21, 11, 19 and 39, 25 of the Convention)

1. What is the procedure where one parent fails to honour his/her obligation regarding maintenance? What is the extent of the State's responsibility?

2. According to para. 150 of the report, a parent who does not have guardianship and custody of the child could be denied access to the child. Is such a measure considered to be fully compatible with the best interests of the child as far as provisions of article 9, para. 3 of the Convention are concerned?

3. According to para. 144 of the report, the Labour Act is silent on the issue of time-off for breast feeding. Has there been any progress in this area?

4. Please indicate the difficulties encountered and progress made in the area of reunification or adoptions following the end of the struggle for independence.

5. Please provide further details on the measures to protect children from abuse and neglect (paras. 219-220).

6. Are there any further programmes envisaged for training social workers (para, 225 of the report)?


Basic health and welfare
(Arts, 6 para. 2, 23, 24, 26, 18 para, 3, 27 paras. 1-3 of the Convention)

1. What proportion of the national health budget is allocated to curative and preventive services? To what extent is the health budget oriented towards children?

2. What is the epidemiological pattern of perinatal, under five and maternal mortality and morbidity, malnutrition, AIDS/HIV infection and other serious health problems?

3. Has the national demographic health survey referred to in para, 238 been completed and, if so, what are the results, preliminary or final?.

4. Are there any major obstacles still encountered in improving the situation of disabled children as regards efforts to rehabilitate them and what is the role played by international cooperation?

5. Has the new social security package (para. 298 of the report) been completed and, if so, how does its operate?


Education, leisure and cultural activities
(Arts. 28, 29, 31 of the Convention)

1. What portion of the national budget is reserved for primary education and what are the major items in the education budget?

2. Please provide information on the guidelines formulated at the October 1992 Conference on pre-primary education.

3. Please indicate whether the new statute governing education (para. 377 of the report) has been completed.

4. Please indicate whether the National Institute of Educational Development mentioned in para. 378 has been established, and whether it is envisaged to integrate human rights education into school curricula.


Special protection measures

a. Children in situations of emergency (Arts. 22, 28 and 39 of the Convention)

1. Please indicate how many refugees are presently in Namibia, their origin and how many of them are children, What are the specific problems in connection with their protection and assistance.

2. To what extent is the Government's policy towards refugee and displaced children consistent with the principles of non-discrimination, best interests of the child, the right to life, survival and development and respect for the views of the child.

3. Please indicate the concrete measures taken for the implementation of article 39.

b. Children in conflict with the law (Arts. 37, 39 and 40 of the Convention)

4. Please provide further information on the treatment of young offenders especially in relation to:

- the alternative measures to imprisonment given the lack of social workers to effectively monitor such a situation;

- the monitoring of the available custodial institutions;

- the complaint procedures in cases of ill-treatment within these institutions;

- the availability of education and health facilities within these institutions;

- the level of training for personnel in these institutions and the possible recruitment of more social workers to assist in the rehabilitation process;

- the measures taken for the physical and psychological recovery and social reintegration of children in accordance with art. 39.

5. Please provide information on the progress made in implementing the projects of the Ministry of Youth and Sport to assemble information on juvenile crime (para. 446 of the report) and to establish a network of regional youth resource centres as a measure of prevention (para. 447).

c. Children in situations of exploitation (Arts. 32 to 36 and 39 of the Convention)

6. Please indicate which, if any, Acts of Parliament have been invoked (under art. 15(3) of the Constitution) to allow children under the age of 14 to work in factories or mines?

7. What measures have been taken to ensure the implementation of the new Labour Act establishing a minimum age for employment, including measures for inspection and sanctions or penalties for non-compliance?

8. Please indicate difficulties, if.any, explaining non-participation of Namibia in ILO Conventions relating to child labour.

9. Please provide information on the steps taken to protect children from being used as unpaid workers on farms (para. 464).

10. Please provide information on penalties or other sanctions to ensure the effective enforcement of art. 32 of the Convention, including information on the system of supervision such as inspection and on the procedures for imposing such sanctions, and such data as the numbers of inspection visits made, of non-observance of regulations reported and of sanctions imposed.

11. Please indicate the measures being undertaken to combat the problem of drug and substance abuse and the progress made with regard to the revision of the laws relating to alcohol and drug abuse.

12. What progress has been made in the establishment of trauma centres to assist in the physical and psychological recovery of victims of sexual abuses (para. 486 of the report).


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