COMMITTEE ON RIGHTS OF CHILD CONCLUDES NINETEENTH SESSION

Press Release
HR/4384

COMMITTEE ON RIGHTS OF CHILD CONCLUDES NINETEENTH SESSION

(Reissued as received.)

GENEVA, 9 October (UN Information Service) -- The Committee on the Rights of the Child, the expert body in charge of monitoring the implementation of the Convention of the Rights the Child, adjourned this morning its nineteenth session and issued its concluding observations and recommendations on the reports of Ecuador, Iraq, Bolivia, Kuwait and Thailand.

The five countries, in keeping with their obligations as States parties to the Convention, presented to the Committee over the course of the three- week session lengthy written and oral summaries on their efforts to promote and protect children's rights. The countries also sent official delegations to answer questions and hear the opinions of the Committee's 10 independent experts.

The Committee, in concluding observations, recommended, among other things, that the Government of Ecuador take all appropriate measures to facilitate the process of full harmonization of domestic legislation with the principles and provisions of the Convention. Ecuador should take steps to reinforce and strengthen coordination between the various governmental bodies involved in children's rights within the framework of the National Plan for Human Rights. The State party should take measures to prevent discrimination against the most disadvantaged groups of children, including children belonging to indigenous communities, Afro-Ecuadorean children, girl children and children with disabilities.

Among factors and difficulties impeding the implementation of the Convention in Iraq, the Committee noted that the embargo imposed by the Security Council had adversely affected the economy and many aspects of the daily life of its citizens, thereby impeding the full enjoyment by Iraqis of their rights. The Committee also noted that the northern territory was currently not administered by the State party's authorities and, consequently, the absence of information relevant to the implementation of the Convention in that area was a matter of concern. It welcomed the introduction of compulsory

education and the development of a programme to combat illiteracy within the country.

With regards to Bolivia, among factors and difficulties impeding the implementation of the Convention, the Committee noted the persistence of large disparities in income distribution. It was of the view that that problem, which had contributed to long-term hard-core poverty, was still affecting children in the exercise of their rights. The Committee said that severe economic constraints, due in particular to structural adjustment programmes and external debt, were also still having a negative impact on the situation of children. The Committee remained concerned about the discrepancies between domestic legislation and the revisions of the Convention, as well as about the slow pace of the current process of reform.

Concerning Kuwait, among factors and difficulties impeding the implementation of the Convention, the Committee said it was aware that physical and psychological hardships resulting from the Persian Gulf war still affected a substantial number of children and their parents. The Committee noted that there remained unresolved issues concerning family reunification since the end of the war and that the situation was a serious constraint for the full implementation of the Convention. However, the Committee was concerned that the State party did not appear to have a comprehensive policy to promote and protect children's rights, and that it did not have a central body for coordination between various sectors of the administration and evaluating and monitoring them. It was further concerned that the unusual demographic situation of the State party, in which only about 34 per cent of the population had Kuwaiti nationality, might have resulted in discrimination against non-Kuwaitis.

With regard to Thailand, the Committee was also concerned that domestic legislation still did not fully reflect the principles and provisions of the Convention. The need to strengthen law enforcement and combat corrupt practices in all areas was still of particular concern to the Committee. It was also concerned that the current data-collection mechanisms were insufficient to afford the systematic and comprehensive collection of desegregated quantitative and qualitative data for all areas. The Committee was concerned at the absence of an independent mechanism to register and address complaints from children concerning violations of their rights under the Convention. It also expressed its concern about the low minimum legal age for criminal responsibility and the absence in legislation of a legal age defining the attainment of majority.

Before concluding its autumn session, the Committee adopted conclusions and recommendations on children in armed conflicts in which it expressed concern at the delays experienced in the process of drafting and adopting the Optional Protocol to the Convention on the Rights of the Child. It recalled that the function of optional protocols was to promote the progressive

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development of international law by enabling those States that were willing to adopt higher standards to do so. It affirmed its belief that the new legal instrument was urgently needed in order to strengthen the levels of protection ensured by the Convention. The Committee invited States parties to make every effort to facilitate the adoption of the Optional Protocol on the involvement of children in armed conflict before the tenth anniversary of the adoption of the Convention.

On 5 October, the Committee held a general discussion on "Children Living in a World with AIDS" with specialized agencies and non-governmental organizations (NGOs) interested in children's rights. Participants spoke of the importance of non-discrimination, care and prevention, and they came up with a list of recommendations in which they underlined, among other things, the role of States and NGOs in combating the HIV/AIDS pandemic. In the recommendations, governments were urged to enact legislation and adopt policies that would promote and protect the rights of children with AIDS. The need to disseminate information and education was also stressed.

At its next session, which will be held from 11 to 29 January 1999, the Committee is scheduled to review reports from Barbados, Austria, Belize, Guinea, Sweden, Honduras and Yemen.

Concluding Observations and Recommendations on Country Reports

The Committee cited, among positive aspects in the report of Ecuador, the recent adoption of a National Plan for Human Rights and the enactment of the new Constitution, which included provisions for the promotion and protection of human rights, including the rights of the child.

Among factors and difficulties impeding the implementation of the Convention, the Committee noted that natural disasters, in particular, the climatological phenomenon known as "El Niño", had had a negative impact on the most vulnerable sectors of the population, including children, especially due to the damage it caused in the agriculture sector and on infrastructure. It also noted the negative impact on children of economic factors such as structural adjustment and external debt.

Despite the enactment of the Children's Code in the recent constitutional reform, the Committee remained concerned that disparities still existed between the principles and provisions of the Convention and domestic legislation. It expressed concern at the lack of adequate coordination between various governmental entities dealing with children's issues. It was also concerned about the absence of adequate, systematic, comprehensive and desegregated data collection mechanisms for all areas covered by the Convention. The Committee expressed its concern regarding recent budget cuts which impacted negatively on the provision of the social programme. While acknowledging the measures taken by the State party, the Committee still was concerned at the

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predominance of discrimination on the basis of ethnic origin, gender, social status, and disabilities.

The Committee recommended, among other things:

-- That Ecuador take all appropriate measures to facilitate the process of full harmonization of domestic legislation with the principles and provisions of the Convention;

-- That the State party take further steps to reinforce the existing coordinating mechanisms including at municipal level;

-- That the Government develop a comprehensive system for collecting desegregated data in order to gather all necessary information on the situation of children in the various areas covered by the Convention;

-- That the State party strengthen its efforts to disseminate the principles and provisions of the Convention as a measure to sensitize society about children's rights;

-- That the authorities review domestic legislation to ensure full conformity with the principles and provisions of the Convention;

-- That the Government continue taking all available measures to reduce economic and social disparities, including between rural and urban areas;

-- That the State party make further efforts to ensure that domestic laws took fully into account the principles of the best interest of the child and respect for the views of the child and his or her rights to participate in all environments;

-- That efforts be continued to ensure the registration of all children immediately after birth;

-- That the Government take all appropriate measures to prevent and combat child abuse and ill-treatment of children with the family, at school and in society at large;

-- That the State party allocate appropriate resources to reinforce its efforts to make basic health care accessible to all children;

-- That the Government take comprehensive measures to establish poverty alleviation programmes with special emphasis on the access to health and education of children; and

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-- That the State party strengthen its measures to improve children's access to leisure, recreational and cultural activities, especially for the most vulnerable groups of children.

The Committee cited, among positive aspects in the report of Iraq, the development of a National Plan of Action for Children and the programme for reproductive health applied by the Association for Family Planning and the Ministry of Health. It welcomed the introduction of compulsory education and the development of a programme to combat illiteracy within the country.

Among factors and difficulties impeding the implementation of the Convention, the Committee noted that the embargo imposed by the Security Council had adversely affected the economy and many aspects of the daily life of its citizens, thereby impeding the full enjoyment by Iraqis of their rights. The Committee also noted that the northern territory was currently not administered by the State party's authorities and consequently, the absence of information relevant to the implementation of the Convention in that area was a matter of concern.

The Committee was concerned that the provisions and principles of the Convention were not fully reflected in law. It further expressed concern at the absence of an independent mechanism to register and address complaints from children concerning violations of their rights under the Convention. The Committee was deeply concerned at the early legal minimum age of voluntary enlistment into the armed forces. It was concerned that the welfare policies and practices prevailing in the State party did not adequately reflect the rights-based approach enshrined in the Convention. The Committee noted with grave concern the deteriorating health situation of children, particularly the high and increasing infant and child mortality rates and serious long-term malnutrition, aggravated by poor breast feeding practices and common childhood diseases.

The Committee recommended, among other things:

-- That Iraq consider the introduction of a number of policies and programmes that guaranteed implementation of the existing legislation through adequate services, remedies and rehabilitation programmes;

-- That the Government strengthen coordination between the various governmental bodies involved in children's rights at both the national and local levels;

-- That greater efforts be made to ensure closer cooperation with non-governmental organizations working in the field of children's rights;

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-- That an independent mechanism be made accessible to children to deal with complaints of violations of their rights and to provide remedies for such violations;

-- That greater efforts be made to ensure that the principles and provisions of the Convention were widely known and understood by adults and children alike;

-- That the legal minimum age of voluntary enlistment into the armed forces be raised in light of international human rights and humanitarian law;

-- That the equality of boys and girls be ensured;

-- That the authorities take appropriate measures with the aim of prohibiting corporal punishment at all levels of society;

-- That the Government undertake studies on ill-treatment and abuse, including sexual abuse, to adopt adequate measures and policies, with a view to changing traditional attitudes;

-- That the State party promote adolescent health policies and the strengthening of reproductive health education and counselling services;

-- That the authorities take all appropriate measures to provide equal access to education, encourage children, particularly girls, to stay in school and discourage early entry into the labour force; and

-- That additional steps be taken to reform the system of juvenile justice in the spirit of the Convention. Particular attention should be paid to considering deprivation of liberty only as a measure of last resort and for the shortest possible period of time.

The Committee cited, among positive aspects in the report of Bolivia, the State party's commitment to the promotion and protection of human rights with the establishments of a vice-ministry for human rights within the new structure of the Ministry of Justice and Human Rights. It appreciated the enactment of the Popular Participation Act which established the principle of equal distribution per inhabitants of the joint resources from taxation allocated and transferred to regions, and sought to correct the historical disparities between urban and rural areas.

Among factors and difficulties impeding the implementation of the Convention, the Committee noted the persistence of large disparities in income distribution and was of the view that that problem, which had contributed to long-term hard-core poverty, was still affecting children in the exercise of their rights. The Committee said that severe economic constraints, due in

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particular to structural adjustment programmes and external debt, were still having a negative impact on the situation of children.

The Committee remained concerned about the discrepancies between domestic legislation and the revisions of the Convention as well as about the slow pace of the current process of reform. The Committee was concerned that the Government did not take any measures to implement its previous recommendation on disseminating information on the provisions of the Convention. It reiterated its concern that the stringent budgetary measures and external debt as well as the persistence of widespread poverty and uneven income distribution were still having a negative impact on the situation of children in the country.

The Committee recommended, among other things:

-- That the State party take all available measures to ensure that the current process of reform of its legislation on children's rights be in full conformity with principles and provisions of the Convention;

-- That the Government continue reviewing and updating its data collection system;

-- That available measures be taken in the dissemination of the principles and provisions of the Convention;

-- That efforts in the provision of sensitization programmes and training to all professional groups working with and for children be continued;

-- That the State party take into consideration the children's rights components in designing its social policies and programmes;

-- That the Government continue with its efforts to reduce the burden of its external debt, including the measures taken within the framework of the World Bank/International Monetary Fund's initiative "Highly Indebted Poor Countries (HIPC)"; and

-- That Bolivia adopt legislation to protect all the rights of asylum seeking and refugee children.

The Committee cited, among positive aspects in the report of Kuwait, the existence in Parliament of a committee on human rights. It also noted the recent establishment within the Ministry of Justice of a unit dealing with human rights issues, including a mechanism for the consideration of individual complaints.

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Among factors and difficulties impeding the implementation of the Convention, the Committee was aware that physical and psychological hardship resulting from the Gulf War still affected a substantial number of children and their parents. The Committee noted that there remained unresolved issues concerning family reunification since the end of the Gulf War and that the situation was a serious constraint for the full implementation of the Convention.

Principal subjects of concern to the Committee included that the provisions and principles of the Conventions were not fully reflected in law. The Committee was concerned that the State party did not appear to have a comprehensive policy to promote and protect children's rights, and that it did not have a central body for coordination, evaluation and monitoring between various sectors of the administration. It was further concerned that the unusual demographic situation of the State party, in which only about 34 per cent of the population had Kuwaiti nationality, might have resulted in discrimination against non-Kuwaitis.

The Committee recommended, among other things:

-- That the State party take all appropriate measures to engage in a law reform process by enacting a children's code to ensure full conformity with the Convention;

-- That it adopt a national strategy for children, to establish a mechanism of coordination, evaluation and monitoring to implement policies and programmes for children;

-- That the system of data collection be strengthened with the view to incorporating all the areas covered by the Convention;

-- That Kuwait consider seeking technical assistance from the United Nations Children's Fund (UNICEF) in the development of a data collection system;

-- That greater efforts be made to ensure that the provisions of the Convention were widely known and understood by adults and children alike;

-- That systematic training and retraining programmes on the rights of the child be organized for professional groups working with children;

-- That further efforts should be undertaken to ensure that the general principles of the Convention were appropriately reflected in any legal revision, judicial and administrative decisions;

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-- That the Government of Kuwait take all appropriate measures to create an adequate framework that would facilitate the choice of a woman or couple with a child born out of wedlock to keep and raise the child; and

-- That it review the situation of landmines within a framework of technical assistance, including from United Nations agencies.

The Committee, cited among positive aspects in the report of Thailand, the State party's recent adoption of a new Constitution which guaranteed the promotion and protection of human rights including children's rights as recognized by the Convention. It also noted with satisfaction the recent efforts undertaken by Thailand in the field of law reform.

Among factors and difficulties impeding the implementation of the Convention, the Committee acknowledged that the current economic and social difficulties facing the State party had had a negative impact on the situation of children and had impeded the full implementation of the Convention. In particular it noted the high level of external debt, the requirements of the structural adjustment programme and the increasing level of unemployment and poverty.

While noting with appreciation that Thailand had withdrawn its reservation with respect to article 29 of the Convention, the Committee was concerned by the remaining reservations to articles 7 and 22 made by the Government upon ratification. It was also concerned that domestic legislation still did not fully reflect the principles and provisions of the Convention. The need to strengthen law enforcement and combat corrupt practices in all areas was still of particular concern to the Committee. It was also concerned that the current data collection mechanisms were insufficient to afford the systematic and comprehensive collection of desegregated quantitative and qualitative data for all areas. The Committee was concerned at the absence of an independent mechanism to register and address complaints from children concerning violations of rights under the Convention. It was also expressed its concern about the low minimum legal age for criminal responsibility and the absence in legislation of a legal age defining the attainment of majority.

The Committee recommended, among other things,

-- That the State party consider the possibility of reviewing its reservations with a view to withdrawing them;

-- That it undertake a review of its domestic legislation to ensure full conformity with the principles and provisions of the Convention and to consider the possibility of enacting a comprehensive code for children;

-- That the Government take all appropriate measures, including training, to strengthen law enforcement and prevent corruption practices;

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-- That the State party introduce an awareness raising campaign to facilitate the effective use of an independent mechanism by children to lodge complaints;

-- That greater efforts be made to ensure that the provisions of the Convention were widely known and understood by adults and children alike;

-- That the Government review its legislation in order to bring it into conformity with the provisions of the Convention;

-- That it increase efforts to ensure implementation of the principle of non-discrimination and full compliance with article 2 of the Convention;

-- That it seek to develop a systematic approach to increasing public awareness of the particularly rights of children and encourage respect for the view of the child within the family as well as within the school, care and judicial systems; and

-- That the Government consider ratifying International Labour Office Convention No. 138 concerning the legal minimum age for work.

Convention on Rights of Child

The General Assembly adopted the Convention unanimously on 20 November 1989, 30 years after the adoption of the Declaration on the Rights of the Child. The Convention 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. All States, except the United States and Somalia, have ratified the Convention.

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

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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 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.

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: Francesco Paolo Fulci (Italy), Judith Karp (Israel), Youri Kolosov (Russian Federation), Sandra P. Mason (Barbados), Nafsiah Mboi (Indonesia), Esther Margaret Queen Mokhuane (South Africa), Awa N'deye Ouedraogo (Burkina Faso), Lisbet Palme (Sweden), Ghassan Salim Rabah (Lebanon), and Marilia Sardenberg Gonçalves (Brazil).

Mrs. Mason is the Committee's Chairperson. The three Vice-Chairpersons are Mrs. Karp, Mr. Kolosov and Mr. Rabah. Mrs. Mboi is the Rapporteur.

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