Distr. GENERAL CRC/C/SR.713 8 June 2001 Original: ENGLISH

CONSIDERATION OF REPORTS OF STATES PARTIES (continued)

CONSIDERATION OF REPORTS OF STATES PARTIES (continued)

Initial report of the United Republic of Tanzania (CRC/C/8/Add.14/Rev.1; CRC/Q/TAN/1; written replies of the Government of the United Republic of Tanzania to the questions in the list of issues (document without a symbol distributed in the meeting room in English only))

1. At the invitation of the Chairperson, the members of the delegation of the United Republic of Tanzania took places at the Committee table.

2. Ms. MIGIRO (Tanzania) said that the United Republic of Tanzania had submitted its initial report to the Committee on the Rights of the Child in 1993, but that it had been returned with a request for improvements. The Government had resubmitted it in 1998, and had also submitted written replies to the questions in the list of issues. Tanzania had participated in the World Summit for Children in 1990 and had ratified the Convention on the Rights of the Child in 1991. That same year, it had held a national summit to chart a strategy for the realization of the goals of the Summit and of various provisions of the Convention. Well before its ratification of the Convention, however, Tanzania had instituted the Universal Primary Education Programme, which had made school enrolment compulsory at the age of 7, and had adopted a bill of rights, which protected human rights and therefore also children's rights.

3. Two ministries had been set up to oversee issues relating to children: the Ministry of Community Development, Women's Affairs and Children for mainland Tanzania, and a Ministry of State for Zanzibar. That ministry had subsequently been detached from the office of the President of Zanzibar, and dealt with employment, youth, women, and children's development. The reintroduction of political pluralism in 1993 had also favoured democracy and human rights.

4. The Government had subsequently instituted the Child Development Policy, which covered the rights protected by the Convention, the Education Sector Development Programme, which focused on access and equity in education, and the Complementary Basic Education Programme, to attend to primary school dropouts, most of whom were girls. It had also adopted a policy aimed at converting urban boarding schools to day schools, a measure which had not been applied, however, to girls' schools, as girls needed to study away from their traditional responsibilities in the home. In addition, the Government was considering the abolishment of primary school fees and payments.

5. Major reforms had been launched in the health sector, aimed at improving health resources and service delivery systems, which empowered communities to develop district health plans. Such programmes would tackle the five killer diseases of infants and children, through the new integrated management of childhood illnesses (IMCI) approach, which used vitamin A, proper feeding practices and immunization to combat illness.

6. The Government of Tanzania had also taken measures progressively to amend its laws to bring them into conformity with the Convention: The Sexual Offences Special Provisions Act of 1998 had provided for the amendment of provisions of the Penal Code, Criminal Procedure Act, Evidence Act and Children and Young Persons Act which touched on the rights, dignity and integrity of women and children. Notable changes included a clearer definition of rape, the prohibition of female genital mutilation, a broader definition of acts or omissions constituting child abuse, sexual and otherwise, the requirement that cases involving children should be heard in camera and the quashing of the requirement that children's evidence must be corroborated.

7. The Government was also working on the report of the Law Reform Commission, which was reviewing laws related to custody, maintenance, inheritance and the need for harmonization of the definition of the child in Tanzanian legislation. It had established a Commission for Human Rights and Good Governance, which would handle all aspects of human rights, including children's rights. Non-governmental organizations (NGOs), community leaders and civic groups were assisting the Government in raising awareness in society about the HIV/AIDS pandemic.

8. The Government of Tanzania, which was committed to improving the standard of living of its people, had initiated Vision 2025, which was designed to guide development efforts in the economic and social spheres, and had developed a Poverty Reduction Strategy Programme (PRSP). Both those measures sought to ensure sustainable development and to guarantee the protection of rights.

9. Although such factors as the external debt and HIV/AIDS had hampered full implementation of the Convention, Tanzania was optimistic that, with the various reforms under way, the advent of good governance and the increased participation of its citizens, effective implementation would eventually be achieved. In that regard, it counted on the support of NGOs, development partners and the international community.

10. Ms. OUEDRAOGO observed that Tanzania had redrafted its initial report to bring it into conformity with the Committee's reporting guidelines, and for that purpose had participated in training sessions provided by the High Commissioner for Human Rights. Although no core document existed, the State party had endeavoured to provide a general picture of the historical, economic and social situation of that country, with emphasis on the factors that limited the implementation of the Convention. The statistics provided were insufficient, and failed to provide a full picture of the situation of Tanzanian children, especially children from the most vulnerable population groups. Although the report attempted to describe pertinent legislation, it failed to explain the relationship between the Convention, national legislation and customary laws. The strictures of the structural adjustment programme, the increasing poverty and the rising unemployment rate were all factors hindering the implementation of the Convention. Administrative problems, related to the quality of staff, also played a role.

11. She would like to know, firstly, how Tanzania managed its two-part governmental system, what was the system for the separation of powers and how it envisaged an integrated approach to the implementation of the Convention under that system. It would also be useful to know by what procedure the Convention had been ratified. The report lacked any systematic or comprehensive information on Zanzibar.

12. She commended the Government for the establishment of the Law Reform Commission to review the contradictions between the Convention and the national legislation, for its goal of formulating a children's code that would consolidate child-related legislation, which she hoped would soon come to fruition, and for the establishment of the Commission for Human Rights and Good Governance. The Government had indicated that the Commission would handle the matter of human rights, which included children's rights; it would be preferable explicitly to stipulate the protection of children's rights in its mandate. She would like to know whether that body was independent, how it was staffed and budgeted and where its funding derived from. In addition, it would be helpful to know if it had a focal point for children, whether it could receive complaints from children, how it took into consideration the views of children and whether it had an ombudsman. She would also like to know to what body the Commission was answerable and by what procedures its recommendations and decisions were given effect.

13. In addition, it would be helpful to know whether the Convention could be invoked before the courts; if so, the State party should describe any illustrative cases. Since, as the report indicated, international legal instruments did not automatically become part of the domestic legislation, she would like to know by what procedure the provisions of the Convention could be incorporated into new legislation, in particular at the municipal level. The report contained no mention of Tanzanian customary law, which surely existed. Clarifications would be welcome. What were the differences between customary law and the Convention?

14. Mr. CITARELLA said he would welcome clarifications regarding the status of the Convention in the domestic legal system, in particular whether and to what extent it could be invoked in the courts and before other public institutions. In that regard, the State party should discuss any legislation that had been changed because it failed to conform to the Convention, and provide further information about the Bill of Rights.

15. Paragraph 67 of the report indicated that the portion of the budget allocated for education had fallen from between 11 and 13 per cent in the early 1980s to 2.5 per cent in 1995 and 1996. Was such data available for 1999 or 2000?

16. The definition of the child in Tanzanian legislation, which varied from law to law, was not in conformity with the Convention. The age of criminal responsibility, which might be as low as 7, and the age for voluntary military conscription, at 15, were both cause for serious concern. Even more troubling was the absence of legislation specifying that children should not be subject to life imprisonment or capital punishment.

17. Ms. CHUTIKUL said that, despite the various reviews of child-related legislation under way, few changes in Tanzanian law had actually occurred. She was concerned, in particular, about the minimum age for marriage, the minimum working age and inheritance legislation that discriminated against females. The State party should describe any efforts it had made to amend its laws. She would also like to know whether progress had been made in the establishment of a children's code, which would consolidate child-related legislation.

18. She wondered, as well, whether the new Commission for Human Rights and Good Governance was an independent body, how its independence was ensured, how its commissioners were chosen, whether its mandate specifically applied to questions related to children, and more particularly to the Convention, and whether it could effect changes in legislation to protect children's rights. In addition, she would like to know whether Tanzania was still considering the establishment of an ombudsman, and what relationship would obtain between the ombudsman and the Commission for Human Rights and Good Governance.

19. Ms. TIGERSTEDT-TÄHTELÄ, observing that the State party's priority was the payment of the national debt, which currently absorbed 40 per cent of the annual budget, inquired whether child policies were considered a priority and what portion of the budget was devoted to children. The budget of the Ministry of Community Development, Women's Affairs and Children was rather small. It would be helpful to know whether that Ministry was responsible for the implementation of the Convention, whether other Ministries were also involved and how the task was shared out among them.

20. Page 22 of the written replies contained a long list of measures undertaken to implement article 4 of the Convention; she would like to know whether those measures were carried out solely by the Ministry for Community Development, Women's Affairs and Children, whether it had a special budget for that purpose, whether other Ministries participated in carrying out those measures and whether those Ministries had budgetary allocations for that purpose. It would also be helpful to know whether those measures were merely envisaged, or already being carried out. She wondered, as well, whether international assistance had been received for those purposes, and whether NGOs had either provided assistance or received assistance from the Government for those purposes.

21. Ms. AL-THANI said that she welcomed the efforts made to review legislation, but she would like to learn whether the Ministry for Community Development, Women's Affairs and Children had been directly involved in developing the new laws. It was advisable to have people with specialist knowledge of the field involved in that process. She noted that the budget for the Ministry had more than doubled between the years 1998 and 2000. That was a welcome development, but how did it translate into real improvements? Could the delegation explain how the additional resources were being used, giving details of any new programmes that had been introduced?

22. Regarding early marriage, Islamic law did not prevent the Government from taking measures to impose a minimum age for marriage, even though conservative religious leaders sometimes claimed that to be the case. She would be interested to learn whether such resistance had been encountered from religious leaders in Tanzania.

23. Ms. KARP asked whether the Government had developed a comprehensive plan of action for implementation of the Convention. There seemed to be a range of new policies concerning women, education, child labour and youth development, but the Committee would be interested to see evidence of a more coordinated approach. Also, how did the Government's plans reflect the rights-based approach to children's development? Did programmes to tackle poverty incorporate specific measures to assist children?

24. Referring to the Government's efforts to develop a more reliable framework for data collection, she asked whether specific indicators to reflect aspects of implementation of the Convention would be used. For example, how did the authorities plan to integrate indicators on vulnerable groups into their data analysis system?

25. While she welcomed the efforts made to review and to harmonize national legislation, she would appreciate an explanation as to why the laws in Zanzibar appeared to be different to those in other parts of the country. For example, it was her understanding that in Zanzibar young women could be prosecuted for becoming pregnant under the age of 21, but that elsewhere that was not the case. It was important that all children enjoyed the same rights throughout the territory of Tanzania.

26. Given that children as young as 15 were entitled to enrol in the armed forces, had the Government considered ratifying the Optional Protocol on the involvement of children in armed conflict? According to customary law, girls under the age of 12 could be married, provided the marriage was not consummated before they reached that age. However, as she understood it, there were plans to introduce national legislation to make 18 the minimum age for marriage. In view of the contradiction between national and customary law, how did the Government intend to ensure that legislation was implemented effectively, and did it plan to launch a public awareness campaign to attempt to change cultural attitudes?

27. Mr. CITARELLA said that there seemed to be four different sets of laws applicable in Tanzania, namely national legislation, specific legislation for the region of Zanzibar, Islamic law and customary law. Could the delegation explain how they were combined effectively so as to avoid discrimination between regions or population groups?

28. The CHAIRPERSON said that it would be useful to have more information on the Government's strategy for poverty reduction. He understood that there were plans to abolish school fees, but he failed to understand how the Government could afford to finance such a move. Could the delegation explain why compulsory education did not begin until children reached the age of seven? If it was possible to leave school at the age of 13, but impossible to begin work until 15, what provision was made for children aged between 13 and 15? Lastly, there appeared to be some confusion over the age of criminal responsibility. According to the Penal Code children did not have criminal capacity before reaching the age of 12, but they could be held criminally liable from the age of 7, provided they were adjudged to be capable of understanding their crime. He asked whether children could be sentenced before reaching the official age of criminal responsibility.

29. Ms. OUEDRAOGO requested further details of how the Government coordinated activities carried out in conjunction with NGOs.

30. Ms. MIGIRO (Tanzania) said that her Government was aware of the problem of insufficient statistical information, and was attempting to reorganize data collection particularly to take into account the most vulnerable groups of society.

31. It was important to realize that customary law was codified in Tanzania, and only applied to matters of personal status, such as marriage and inheritance, rather than to criminal law. The Bill of Rights in the Constitution of Tanzania was intended to incorporate the principles of human rights instruments into the Constitution, which took precedence over customary law where inconsistencies arose. The Convention would not automatically take precedence over national law, at least until it was endorsed by Parliament. Nevertheless, judges could refer to it in courts of law, thus establishing case law in accordance with the Convention. A precedent had been set in 1989, when a judge had referred to the Convention on the Elimination of All Forms of Discrimination against Women to rule in favour of a woman whose rights had been violated, despite the fact that there had been no breach of customary law.

32. She said that, as the Committee had acknowledged, the burden of servicing foreign debt restricted her Government's ability to tackle poverty effectively. The extent of poverty in the country often meant that human rights issues were of secondary importance to ensuring that the basic needs of the population were met, though that did not imply a lack of commitment from the Government to pursue human rights initiatives. She hoped that the Highly Indebted Poor Countries Initiative would soon have a positive impact on Tanzania's financial situation.

33. The 1964 agreement which had created Tanzania from the union of Tanganyika and Zanzibar had divided political matters into those that were dealt with at national level and those that continued to be the concern of the former parliaments of Tanganyika and Zanzibar. Children's affairs were still dealt with separately in the different parts of the country, which explained the discrepancies pointed out by Ms. Karp. Nevertheless, since international treaties were ratified by the Union Government, Zanzibar was bound to respect the Convention like the rest of Tanzania. In practice, the Zanzibar parliament also followed the lead of the Union Parliament in adopting legislation. A meeting would be held shortly of ministers and civil servants from different parts of the country to review implementation of women's and children's affairs at the Union level.

34. The Law Reform Commission had carried out a study in response to concerns raised by NGOs and civil society with a view to seeking ways to eliminate the contradictions present in national law. Its recommendations were currently under consideration by the Government. The Commission for Human Rights and Good Governance had been introduced as recently as April 2001, and had yet to begin work. The Minister of Justice had set up a Committee to look into the appointment of the Commissioners, and it was hoped that different departments would be set up within the Commission to enable children's rights, for instance, to be dealt with separately.

35. Her Government attached great importance to the dissemination of the Convention, and had begun by translating it into Kiswahili, the most common language used throughout the country. An NGO had also produced an easy-to-read version of the Convention to facilitate understanding. The main barrier to its dissemination was the shortage of financial resources.

Police officers, doctors and other professionals working in the field of children's rights were also given training in relation to their responsibilities under the Convention.

36. She confirmed that the statistics given in paragraph 67 of the report concerning the budget for the education sector were officially correct, though some inaccuracies may have arisen when they had been collected. Nevertheless, spending on education had since risen to over 24 per cent of the total budget. That amount was divided between the various ministries involved in education, including the Ministry for Education and Culture, the Ministry for Regional Administration and Local Government and the Ministry for Higher Education.

37. She failed to understand why the age of seven had been referred to in the report under the section on criminal responsibility. The age of criminal capacity had been 12 prior to the amendment of the Penal Code in 1998, when it had been lowered to 10. That remained in force throughout the territory, irrespective of Islamic or customary law. For children under the age of 12 to be held criminally responsible, a lawyer was required to prove that the child was capable of understanding the nature of the crime.

38. A boy under the age of 12 was presumed to be incapable of having sexual intercourse and could not be held responsible for sexual assault or rape unless that presumption was rebutted.

39. The information given in paragraph 100 of the report regarding the age for military service was somewhat misleading. National service was a way in which young people who had completed secondary or higher education reimbursed the cost of government sponsorship of their studies through service to the community for a period of nine months. It was known as compulsory enlistment. A second category was that of volunteers, aged 15 or over, who had completed primary education in school and enlisted for up to two years. They were taught useful skills and those who performed well obtained employment within the national service system. The Defence Forces proper belonged to a separate category, for which the minimum age of recruitment was 18.

40. She queried the statement in paragraph 110 of the report that Tanzanian law did not prohibit the death sentence and life imprisonment for children under 18. She was virtually certain that there was a provision to that effect in the Penal Code and would seek confirmation as soon as possible.

41. It was true that no steps had been taken to harmonize the minimum age in different categories of legislation. The Law Reform Commission had proposed a standard minimum age of 18 years and her Ministry would press for its recommendation to be adopted. The Sexual Offences Special Provisions Act of 1998 defined a boy as a male person under 18 and a girl as a female person under 18. The Penal Code stipulated that where a man had carnal knowledge of a girl under 18 who was not his wife, with or without the girl's consent, the act constituted rape. The Law of Marriage Act 1971, which consolidated Islamic and customary law, set the minimum age for marriage at 15 for girls and 18 for boys. The minimum age of 9 for girls mentioned in the Penal Code was not enforced but the authorities were aware that cases of child marriage still existed in practice. It was to be hoped that the problem would be solved when 18 years became the statutory age of majority. Action had been taken to raise awareness of the risks that early marriage entailed for the mental and physical health of girls. The Ministry of Justice had recently discussed a recommendation by the Law Reform Commission to raise the age of marriage to 21, inter alia to protect young women under 21 who had not yet completed their studies.

42. The Employment Ordinance authorized the employment of children from the age of 15, subject to certain conditions. For instance, they could not be employed in hazardous activities or activities that might adversely affect their health.

43. It was true that customary law and Islamic law on inheritance contained some discriminatory provisions. Under customary law, for example, girls and women could not inherit property in the form of land. The Law Reform Commission had recommended the enactment of legislation on inheritance which treated all members of the population equally, including children born out of wedlock. Children in that category could inherit under existing legislation if they were named as beneficiaries in a will. Under customary law, the father could legitimize a child by sacrificing an animal as a symbol of acceptance. Property inherited by minors was placed in trust for them until they reached the age of majority. Some of the proposals for reform of the inheritance laws had met with resistance, especially from religious leaders of all denominations. They argued, for instance, that allowing children born out of wedlock to inherit property was tantamount to condoning adultery. Public awareness campaigns were being conducted to change such attitudes.

44. The possibility of developing a consolidated code of law concerning children had been considered. If the task proved too complex, it might be possible to establish principles of child welfare that would be applicable across the board.

45. The law establishing the Commission for Human Rights and Good Governance stipulated that it should be an independent body. The Government contributed to its budget but it was also empowered to accept funds from other sources. Sizeable contributions had already been made by donors.

46. There were no plans to date to appoint a children's ombudsman. However, separate sections of the Commission for Human Rights and Good Governance would probably perform functions similar to that of an ombudsman for women and children.

47. It was extremely difficult to assign priority in the budget to children's issues when 40 per cent of total revenue was absorbed by debt servicing. It was hoped that her country would qualify for debt relief under the HIPC scheme initiated by the international financial institutions. Once the burden was eased, funds could be diverted to the social sector. There were no disaggregated budget figures for children's issues. The budget of the Ministry of Community Development, Women's Affairs and Children was small in relation to the tasks that needed to be addressed, again largely because of the overall economic situation. However, now that a set of clear-cut policies had been developed, the Ministry was in a better position to push for their implementation. It was looking at ways of coordinating its action with other ministries, using resources more efficiently and relying on development partners to offset the inadequacy of the budget. The Ministry was also exploring aspects of the Convention that could be implemented without large-scale funding.

48. The Ministry of Community Development, Women's Affairs and Children was not responsible for all the projects listed in the written replies as measures to implement article 4 of the Convention but it played a coordinating role in many cases.

49. The United Nations Children's Fund (UNICEF), the United Nations Development Programme (UNDP) and other organizations provided support for campaigns, for example in the context of the Day of the African Child, to promote awareness of issues such as female genital mutilation and to promote breastfeeding and immunization programmes.

50. No funding was provided to NGOs but their work was greatly appreciated and the Ministry of Community Development, Women's Affairs and Children was taking steps to coordinate action with the NGO community, thereby rationalizing the use of resources.

51. The Ministry had no separate budget line for legislation but it often submitted papers to the Cabinet, working closely with the Ministry of Justice and the Attorney-General, when bills relating to its areas of jurisdiction were drafted. The Law Reform Commission's proposals were submitted to the Ministry of Justice, which joined forces with the other ministries to initiate legislation.

52. The National Summit for Children held in 1991 had adopted resolutions based on the outcome of the World Summit for Children which focused on priority areas related to the Child Survival, Protection and Development programme. They did not, however, constitute a comprehensive programme.

53. The Government was looking into the possibility of adopting a child rights approach to the implementation of the Convention alongside its child welfare approach and would appreciate advice on how to do so.

54. Some elements of the Poverty Reduction Strategy Programme (PRSP) directly addressed the situation of children. For example, the PRSP had set specific targets for the improvement of children's health and education, including the reduction of the infant mortality rate and an increase in school attendance. In the Government's view, it was important for a country with so little resources to set priorities, and the use of such targets was for the immediate future preferable to a more holistic approach. The country did, however, need a long-term plan to address children's issues in a comprehensive manner.

55. Ms. OUEDRAOGO noting that gap between rich and poor had widened and that the number of destitute people was reportedly rising, asked to what extent the Government intended to ensure participation by the poor in the PRSP. How could the State party make use of resources freed up by a possible reduction of the debt? In the democratization process and in the reform of local government, what provision was made to ensure the participation of children? Were children represented in school boards and local district administrations? The report mentioned that a Children's Parliament had met in 1992, but offered no information on the way in which participants had been chosen or whether there had been any follow-up to that event, nor did it say whether the Children's Parliament had held any meetings since. Had the Government taken any steps to change traditional attitudes among conservative families so that the opinions of their children would be taken into consideration?

56. There was reportedly discrimination in society against women and children, children born out of wedlock and the disabled, and the latter were not even afforded specific legal protection against discrimination. What steps had the Government taken to improve the lot of such groups? Did society reject unmarried girls who became pregnant, or were they provided with assistance and support? Street children were discriminated against and persecuted. Had the Government tried to ascertain whether there were any reasons apart from poverty for the phenomenon of street children?

57. Given the poor economic situation and the traditional rejection of children born out of wedlock, what could the Government do to reduce infanticide and abandonment so as to ensure the right to survival of such children? The Government had referred to plans for campaigns to increase the number of children whose births were registered. Would that include measures to facilitate the registration process?

58. Ms. CHUTIKUL said she believed the national plan of action had been inspired by the goals of the World Summit for Children, and noted that the United Nations General Assembly would soon be holding a special session on children. As the aims of such international forums were in some ways limited, she asked whether country-specific objectives were included in the national plan of action as well.

59. While commending the Government's decision to do away with users' fees for schooling, she noted that the gross enrolment rate in primary education had declined from 98 per cent to 62 per cent in the past 20 years and that drop-out rates remained very high. The Government was concentrating its efforts on increasing primary school enrolment. Were any measures planned to assist the generation of children who in the intervening years had not attended school? The Committee was also concerned about the quality of education. Fewer than one-third of all children reportedly passed the final examination at the end of primary school. Classes were overcrowded and there were serious shortages of basic materials such as textbooks. What measures could the Government take to deal with the lack of resources? What steps had been taken to change the attitudes of teachers and parents towards corporal punishment, which was still allowed in schools and in the home?

60. Mr. AL-SHEDDI expressed concern that some parents and guardians believed, due to ignorance, that they had the right to torture or ill-treat their children. While it was not easy to eliminate such entrenched traditional views, an awareness campaign would not necessarily have to be very costly to be effective, and the Government could solicit international support for such a programme. Refugee children were deprived of certain rights owing to a lack of resources. Were any measures taken to assist that group?

61. Ms. AL-THANI, noting that female genital mutilation continued to be practised although it was illegal in Tanzania, asked what the Government had done to disseminate information among the public and practitioners about its harmful effects. While there was an ongoing debate as to whether mentally disabled children should attend regular schools, the integration of physically disabled children was clearly desirable. The written replies indicated that very few physically disabled children attended mainstream schools, and that a much larger number were in institutions. What kind of institutions catered for such children, and why were so few enrolled in mainstream schools? The report provided information only on teachers trained for special education of the visually impaired. Were there no teachers working with the mentally or physically disabled, or with autistic children?

62. Ms. KARP noted that resources were very scarce in Tanzania, where some classes reportedly had up to 120 students. It was especially important for such a poor country to adopt a comprehensive plan of action, which would help to spare resources and assist in the formulation and implementation of coherent policies. It would also make it possible to integrate services such as primary health care into the education system.

63. The Government's policy concerning reproductive health was perhaps ineffective because it relied too heavily on the legal prohibition of premarital sex. She knew of no country which had been able effectively to ban extramarital sexual relations. The fact that such relations were illegal might discourage people from seeking ways of protecting themselves from unwanted pregnancies, abortion, early marriage and illness. The lack of reproductive health education in schools could be another factor in the spread of a number of social problems, including AIDS.

64. The legislation recently adopted on sex offences penalized the rape of girls, but did not cover the rape of boys. How did the Government protect boys from rape? According to a recent study, one of the main groups responsible for the sexual harassment of children was teachers. Were there any mechanisms to encourage students to complain of such harassment? According to the report, corporal punishment was applied in the penal system. How was that consistent with article 37 of the Convention?