List of Issues : United Republic of Tanzania. 16/02/2001.
CRC/C/Q/TAN/1. (List of Issues)
COMMITTEE ON THE RIGHTS OF THE CHILD
27th Session
Pre-sessional Working Group
29 January - 2 February 2001

IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD


List of issues to be taken up in connection with the consideration of the second periodic report of Tanzania

(CRC/C/8/Add.14/Rev.1)

PART I


Under this section the State party is requested to submit in writing additional and updated information, if available, before 6 April 2001:

A. Data and statistics, if available

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

2. Please provide specific disaggregated data on national budgetary allocation and spending for social needs for the period between 1998 and 2000. In particular, how much was spent on:

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

b) health (including allocations for 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 disability

e) juvenile crime prevention.

3. Please provide disaggregated data (by sex, age, urban or rural areas), covering the period 1997-1999 on the number of children deprived of their family environment:

a) children separated from their parents;

b) children adopted domestically;

c) children living in institutions;

d) children placed with relatives and in welfare institutions.

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

a) kindergarten;

b) elementary;

c) secondary;

e) vocational; and

f) religious schools.

5. 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.

6. Please provide the following statistical data of children (disaggregated by sex, age, type of crime, type of sanction) for the last three years (1998-2000):

a) number who were reported to the police for allegedly committing crimes;

b) number who were sentenced by Courts to sanctions, and the nature of the sanctions imposed (imprisonment; community service; other);

c) number of suspended sentences;

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

e) percentage of recidivism cases.

B. General Measures of Implementation

1. While it is noted that some law reform has been undertaken, please indicate the remaining inconsistencies between domestic law and the Convention and outline the measures taken to address them. Please provide additional information on the inconsistencies between customary law and the Convention and outline the measures taken to address them.

2. Please outline the measures taken to strengthen the authority (formal power) resources (financial and human) allocated to the Ministry of Community Development, Women Affairs and Children for the promotion and implementation of children=s programmes as well as the Convention.

3. Please indicate whether the Human Rights Commission, referred to in paragraph 56 of the report, has been established. If so, please provide information on the role, human and financial resources and mandate of the Commission, particularly with respect to monitoring the implementation of the provisions and principles of the Convention.

4. While the Committee is aware of the economic challenges faced by the State party, please outline 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 social workers and psychologists, in all regions of the country.


PART II


Please provide the Committee with copies of the text of the Convention on the Rights of the Child in all official languages of the State as well as in other languages or dialects, when available. If possible, please submit these texts in electronic form.


PART III

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


PART IV


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:

a) the very low age of criminal responsibility - 7 years;

b) the low age for voluntary recruitment into the armed forces - 15 years;

c) the low age for marriage of girls under Islamic law;

d) the age for marriage of both boys and girls under statutory law;

e) the legal minimum age for sexual consent of boys; and

f) the new Sexual Offenses Act.

2. Gender discrimination:

a) the effectiveness of the State party=s awareness-raising measures to combat traditional attitudes which may prevent girls, especially in rural areas, from attending school;

b) measures taken by the State party to train the judiciary on gender-discrimination; and developments, if any, to eliminate discrimination of women in personal status matters, including marriage, divorce, inheritance, maintenance, and child custody upon separation, including in Zanzibar; and

c) legislative steps taken to ensure the right of a Tanzanian woman to pass on her nationality to her child where she is married to a foreign national.

3 Best interests of the child:

Efforts made to guarantee the best interests in the child, including in judicial and administrative matters.

Measures to improve birth registration.

Female genital mutilation:

a) additional measures to address female genital mutilation; and

b) studies undertaken to design effective programmes to combat traditional and family pressures in favour of this practice, particularly among rural communities.

Domestic violence, ill-treatment, abuse and neglect of children:

a) legal provisions to protect children from ill-treatment, including corporal punishment, in homes, schools, care institutions, detention facilities, and by the police; steps to prevent ill-treatment of children, raise awareness of its negative consequences, promote alternative forms of discipline, and introduce rehabilitation programmes for child victims of extreme corporal punishment. Efforts to overcome socio-cultural barriers which inhibit victims from seeking assistance;

b) mechanisms for children to file complaints, and for mandatory reporting (e.g. by teachers and police), investigating, prosecuting and monitoring cases of child abuse, including sexual abuse;

c) studies concerning the extent and factors underlying abuse, including sexual abuse and the ways in which the information found has been used as a basis to design policies to address this phenomenon;

d) protection and rehabilitation programmes for victims of domestic violence.

Legislation, policies and services for children with disabilities, including mental disabilities. Establishment of time frames for the implementation of policies.

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.

4. Measures to ensure that adolescents have access to and are provided with information relating to physical and mental development, including education on reproductive health, STD and HIV/AIDS prevention, drug abuse, early marriage and pregnancy as well as child-friendly counselling and rehabilitation services.

5. Standard of living - availability of services and programmes, especially as regards families living below the poverty line.

6. Access to education, especially for girls and children from economically disadvantaged families. User fees for primary education, health and social services. The relevance, quality and methods of education, high dropout rate, low literacy rate. Efforts to introduce human rights education within the school curriculum.

7. Measures to protect the rights of children living and/or working on the streets, including their rights to housing, health, education, and other social services.

8. Measures to protect the rights of refugee, unaccompanied and asylum seeking children - their access to education, health, and social services as well as their protection against violence and abuse.

9. Child Labour:

a) regarding the enforcement of the minimum age for employment, the effectiveness of labour inspectorates in the agricultural and mining sectors as well as in domestic service; 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.

10. Measures taken to prevent the sale and trafficking of children and to protect children from commercial sexual exploitation.

11. Juvenile justice:

a) separation of children from adult offenders;

b) conditions of children in detention and how they are monitored;

c) independent complaint procedures to deal with issues such as ill-treatment and their effectiveness;

d) availability of education, health, and other social facilities; and

e) availability of services for the recovery and rehabilitation of juvenile offenders and their effectiveness.


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