COMMITTEE ON RIGHTS OF CHILD CONCLUDES FOURTEENTH SESSION AT GENEVA, 6-24 JANUARY

28 January 1997

Press Release
HR/4321

COMMITTEE ON RIGHTS OF CHILD CONCLUDES FOURTEENTH SESSION AT GENEVA, 6-24 JANUARY

19970128 Makes Recommendations on Reports Of Bulgaria, Ethiopia, Panama, Myanmar, Syria and New Zealand

GENEVA, 24 January (UN Information Service) -- The Committee on the Rights of the Child concluded today its three-week fourteenth session by adopting conclusions and recommendations on initial reports submitted to it by six countries.

Bulgaria, Ethiopia, Panama, Myanmar, Syria and New Zealand, in keeping with their obligations as States parties to the Convention, supplied over the course of the session lengthy written summaries to the Committee on their efforts to help and protect children, and sent delegations to answer questions and hear the opinions of the Committee's 10 experts.

Among the panel's conclusions was that the Government of Myanmar should refrain fully from recruiting under-aged children into the military and that it should end all involvement of children in forced labour. Panama was urged to make greater efforts to eradicate illiteracy and increase access to education for indigenous children, refugee children and rural children.

The Committee called for measures to promote change in "persisting negative attitudes" towards children, particularly girls, in Ethiopia, and for intensified efforts to abolish such traditional practices as female genital mutilation, early marriages and teenage pregnancies.

In addition, the Committee said information campaigns should be launched to combat prevailing discrimination against girls in Syria, and that appropriate measures should be taken to protect children there born out of wedlock.

As for the situation in Bulgaria, the panel recommended strengthening of sex-education programmes and launching of information campaigns on family planning to reduce early pregnancies.

In addition, it called for further studies and additional steps by New Zealand to prevent youth suicide.

At its next session, to be held from 20 May to 6 June, the Committee is scheduled to review initial reports from Azerbaijan, Bangladesh, Algeria, Ghana and Cuba, and to take up a supplementary report from Paraguay.

Conclusions and Recommendations

The Committee noted with appreciation steps taken by the Government of Bulgaria in the area of law reform, including adoption of a new Constitution and acts on social welfare, education, homeless children, juvenile delinquency and penal reform. It also welcomed establishment in 1995 of a national Youth and Children Committee. It recognized the difficulties faced, especially by vulnerable groups such as children, during the country's transition to a market economy. Among its recommendations were that Bulgaria:

-- Conduct a comprehensive review of national legislation to bring it fully into line with the Convention, especially in the areas of labour, adoption, domestic violence and administration of juvenile justice;

-- Adopt a law on the protection of the child;

-- Strengthen coordination between various governmental mechanisms involved in children's rights, with a view to developing a comprehensive policy on children;

-- Improve data collection to be used as a basis for designing programmes to improve the situation of children, especially those belonging to disadvantaged groups and minority groups, such as the Roma;

-- Consider establishment of an independent mechanism to monitor child rights, such as an ombudsman or national commission;

-- Make greater efforts to allocate maximum resources and budget appropriations to social services for children, with particular attention to children belonging to vulnerable or marginalized groups;

-- Appropriate Government assistance to families to aid in child rearing and to prevent domestic violence and abuse and abandonment or institutionalization of children;

-- Strengthen sex-education programmes and launch information campaigns on family planning to reduce early pregnancies;

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-- Increase efforts to prevent and combat corporal punishment, sexual abuse, exploitation and ill-treatment of children, in institutions and detention centres and elsewhere;

-- Appropriate measures to prevent school drop-outs; and

-- Take measures to protect children from labour exploitation, including in the informal sector.

The Committee welcomed steps taken in Ethiopia since 1991 to set up democratic institutions, including the adoption of a new Constitution incorporating international standards in human rights, and having a specific reference to the Convention. It also lauded the establishment of a inter-ministerial legal committee to review national legislation as it applied to children, and said it was encouraged by efforts to protect children from HIV/AIDS and from harmful traditional practices, such as female genital mutilation.

The panel acknowledged that the country faced economic, social and political challenges following years of civil war, and that additional difficulties included regional and urban-rural disparities and traditional practices and cultures, especially in rural areas, harmful to the health of girls.

Among the Committee's recommendations were the following:

-- Measures should be taken to promote change in "persisting negative attitudes" towards children, particularly girls, disabled children, children born out of wedlock and children affected by or infected with HIV/AIDS, including intensified efforts to abolish traditional practices damaging to the health and well-being of children, such as female genital mutilation;

-- Measures also should be taken to end early marriages and teenage pregnancies;

-- Steps should be taken to improve coordination between governmental mechanisms involving children's rights, with a view to developing a comprehensive policy on children;

-- An independent monitoring mechanism for child rights, such as an office of ombudsman or a national commission should be set up;

-- Reform of legislation to reflect Convention standards was called for, including abolition, as a matter of priority, of the existing minimum age of marriage for girls of 15 years, sentencing of children to corporal punishment,

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allowance of "light bodily punishment" as an educational measure within the family and limitation of the right of children to legal counsel;

-- Budget allocations to the maximum extent possible for children's programmes should be made, with particular attention to vulnerable children and special priority to development of a primary care health system;

-- An effective system of birth registration should be developed;

-- A system for complaints for children subject to any form of violence, abuse, sexual abuse, neglect, maltreatment or exploitation should be established;

-- Measures should be taken to regulate child labour and minimum age of employment in accordance with Convention and International Labour Organization (ILO) standards;

-- The juvenile justice system should be reformed to bring it into conformity with Convention standards; and

-- Arrangement should be made for a meeting of international organizations working in the country, including United Nations agencies and non-governmental organizations, with competent national authorities, to assess needs for further international assistance to promote and protect the rights of children.

The report of Panama and the dialogue carried out with its delegation was termed constructive, but the Committee regretted what it called "a lack of information on specific measures". Positive developments cited included the direct applicability of the Convention at the national level, efforts made at law reform and recent establishment of a "people's defender" to monitor human rights, including children's rights.

Among the panel's recommendations were that:

-- Children's issues be accorded a higher priority by the Government, and that appropriate budgetary provisions be made to the maximum extent possible, particularly to help children belonging to vulnerable and marginalized groups;

-- Efforts to adopt a code on children be pursued; that the Government define in its legislation a minimum age below which children could not be deprived of their liberty; that legislation on the minimum age of marriage for girls be reviewed with a view to raising it; and that appropriate measures be taken to protect children against sexual exploitation;

-- A national strategy on children be established on an urgent basis;

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-- An independent body, such as an ombudsman, be established to monitor child rights;

-- Efforts be made to change attitudes towards children in general, including those belonging to indigenous groups;

-- Appropriate assistance be given to families, including parental guidance and counselling, with a view to preventing domestic violence, prohibiting the use of corporal punishment and preventing early pregnancies;

-- Greater efforts be focused on eradicating illiteracy and increasing access to education of indigenous children, refugee children and children living in rural areas;

-- The Government carry out an effective campaign to eliminate child labour, especially in rural areas, and to forcefully encourage enrolment and continuation of children in school;

-- The Government ensure adequate protection of refugee children;

-- All appropriate measures be taken to prevent and combat sexual abuse and sexual exploitation of children; and

-- The juvenile justice system be revised to bring it into conformity with the standards of the Convention.

The report of Myanmar was described as "incomplete in its appreciation of the situation of children in the country". The Committee noted as positive the withdrawal by the Government of two reservations to the Convention and said it was encouraged by its adoption of a National Plan of Action and its establishment of a National Committee on the Rights of the Child.

The Committee recommended, among other measures, that:

-- The Government undertake a comprehensive review of national legislation to ensure conformity with the Convention;

-- The country's Citizenship Act, Village and Town Acts, and Whipping Acts be repealed, and laws relating to non-discrimination, freedom of association, child labour and juvenile justice be adequately amended to reflect the standards of the Convention;

-- A multidisciplinary monitoring system be set up for child rights, and efforts be made to ensure promotion and protection of the rights of the child in cooperation with United Nations bodies and specialized agencies, including the Special Rapporteur on the situation of human rights in Myanmar;

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-- The Government take all appropriate measures to the maximum extent of budgetary resources to provide social services for children, with particular attention to children belonging to vulnerable and marginalized groups;

-- Different categories of citizenship be abolished, as well as mention on national identity cards of religion and ethnic origin;

-- An alternative choice of education be given to non-Buddhist poor children and that the State guarantee freedoms of association and speech as well as the right to peaceful assembly;

-- Health services be provided to all children, including those in remote areas and those who belong to minority groups;

-- Efforts be made to reduce the level of school drop-outs and the school repetition rate;

-- The Government prevent any occurrence of forced relocation, displacement and other types of involuntary population movement;

-- All reported cases of abuse, rape and/or violence against children committed by members of the armed forces be rapidly and thoroughly investigated, with appropriate judicial sanctions applied to perpetrators;

-- The Government fully refrain from recruiting under-aged children into the military; and that all involvement of children in forced labour be ended;

-- Measures be taken to combat exploitation of adopted children, including through labour;

-- All appropriate measures be taken to prevent child abuse, including sexual abuse, and the sale and trafficking of children, child prostitution and child pornography; and

-- In the spirit of international cooperation, the State party implement all recommendations made by the Special Rapporteur on Myanmar, and the country envisage ratifying major international human-rights treaties in addition to the Convention.

Among positive aspects noted in the report of Syria were full incorporation of the Convention into domestic law and establishment of a Higher Committee for Child Welfare and a National Committee for Children. Factors impeding implementation of the Convention included foreign occupation of part of the national territory, the Committee acknowledged, adding that "the important budget devoted to military expenses and the insufficient budget

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allocated to social expenses may contribute to hamper the enjoyment by children of their rights under the Convention".

The panel recommended, among other measures, that:

-- The country consider withdrawing its three reservations to the Convention;

-- Further efforts be made to coordinate the actions of the high-level committees for children with the work of central, regional and local administrations;

-- Laws be made to reflect specific provisions of the Convention, including the minimum age of marriage for girls, the age of criminal responsibility and the minimum age of access to employment;

-- Information campaigns be launched to combat prevailing discrimination against girls, and that appropriate measures be taken to protect children born out of wedlock;

-- Priority be given in budget allocations to the rights of children, with particular emphasis on health and education;

-- The Government accord to all children, including refugee children born in Syria and Syrian-born Kurdish children, the right to be registered and to acquire a nationality, without discrimination and irrespective of race, religion or ethnic origin, in keeping with the Convention;

-- Authorities pay special attention to ill-treatment and abuse of children within the family and to the problem of corporal punishment in schools;

-- Laws regarding child employment be brought into line with the Convention;

-- The juvenile justice system be reformed in light of the Convention and other relevant international standards; and

-- The Government carry out studies, in cooperation with the United Nations Children's Fund (UNICEF) and other relevant organizations, in the fields of health, family planning, education, early marriage, child abuse and sexual abuse of children within the family.

The Committee welcomed, among other positive factors in the performance of New Zealand, adoption of a Domestic Protection Act whose application

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extended to children and measures allowing the country's Human Rights Commission to receive complaints from children.

Among its recommendations were that:

-- The Government consider withdrawing reservations to the Convention and that the country extend application of the Convention to the territory of Tokelau;

-- A comprehensive policy statement on the rights of the child be prepared and adopted, incorporating the principles and provisions of the Convention;

-- The process under way of bringing existing legislation into line with the Convention be pursued and that -- among other things -- the minimum ages for being charged with a serious criminal offence and for accession to employment be reviewed as a matter of priority;

-- The office of Commissioner for Children be strengthened and that consideration be given to making it more independent and directly accountable to Parliament;

-- Budget allocations be made to the maximum extent of available resources for children's programmes, giving particular attention to children in disadvantaged groups, and that the Government undertake a study on the impact on children and their families of the economic reform process under way for the past several years;

-- A study be carried out on the needs of single-parent families, in light of their increasing number, and that additional measures be taken to protect children in such families;

-- Priority be given to studying further the possible causes of youth suicide and steps taken as soon as practicable to establish additional support and intervention programmes;

-- Efforts already made by the Government to improve the health, education and welfare of the Maori population be strengthened and new efforts be made to close the remaining gap between Maori and non-Maori children;

-- Policy and law in relation to child labour be reviewed and that the country consider ratifying ILO Convention No. 138 on minimum age for admission to employment; and

-- All refugee children, including asylum seekers coming to New Zealand from outside schemes organized by the United Nations High Commissioner for

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Refugees, be given the benefit of introduction assistance and Government support services.

Convention on Rights of Child

The Convention, adopted by the General Assembly on 20 November 1989, is the most widely accepted human rights treaty, counting 189 States parties. It makes States which accept it legally accountable for their actions towards children. Work on its drafting began in 1979 -- the International Year of the Child -- at the Commission on Human Rights. The Convention was opened for signature on 26 January 1990. That day, 61 countries signed it, a record first-day response. It entered into force just seven months later, on 2 September 1990.

Ratifying the Convention entails reviewing national legislation to make sure it is in line with the provisions of the treaty. The Convention stipulates, among other things, that: every child has the right to life, and States shall ensure to the maximum child survival and development; every child has the right to a name and nationality from birth; and, when courts, welfare institutions or administrative authorities deal with children, the child's best interests shall be a primary consideration. The Convention recognizes the right of children to be heard.

Furthermore, States shall ensure that each child enjoys full rights without discrimination or distinctions of any kind; that children should not be separated from their parents, unless by competent authorities for their well-being; States should facilitate reunification of families by permitting travel into or out of their territories; and States shall protect children from physical or mental harm and neglect, including sexual abuse or exploitation.

Also according to the Convention, disabled children shall have the right to special treatment, education and care; primary education shall be free and compulsory and discipline in school should respect the child's dignity; capital punishment or life imprisonment shall not be imposed for crimes committed before the age of 18; no child under 15 should take any part in hostilities, and children exposed to armed conflict shall receive special protection; and children of minority and indigenous populations shall freely enjoy their own culture, religion and language.

A conference of the States parties has endorsed efforts to amend the Convention in order to increase the membership of the Committee, while the General Assembly has expressed support for the working group of the Commission on Human Rights on a draft optional protocol to the treaty related to the involvement of children in armed conflict.

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States Parties to Convention

Recent accessions to the Convention by Oman and United Arab Emirates brings the number of States parties to 189, as follows: Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People's Republic of Korea, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Federated States of Micronesia, Fiji, Finland, France, Gabon, Gambia, Germany, Georgia, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Holy See, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakstan, Kenya, Kiribati, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Latvia and Lebanon.

Also, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal, Netherlands, New Zealand, Niue, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Sao Tome and Principe, Saudi Arabia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syria, Tajikistan, Thailand, The former Yugoslav Republic of Macedonia, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, Vanuatu, Venezuela, Viet Nam, Yemen, Federal Republic of Yugoslavia (Serbia and Montenegro), Zaire, Zambia and Zimbabwe.

Committee Membership

The Convention requires that the members of the Committee have a high moral standing and recognized competence in the field of children's rights. The following experts, nominated by the States parties to serve in their personal capacity, have been elected to the Committee: Hoda Badran, of Egypt; Akila Belembaogo, of Burkina Faso; Flora Eufemio, of the Philippines; Thomas Hammarberg, of Sweden; Judith Karp, of Israel; Youri Kolosov, of the Russian Federation; Sandra P. Mason, of Barbados; Swithun Mombeshora, of Zimbabwe; Marta Santos Pais, of Portugal; and Marilia Sardenberg Zelner Gonçalves, of Brazil.

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