COMMITTEE ON RIGHTS OF CHILD CONCLUDES TWENTY-THIRD SESSION; ISSUES RECOMMENDATIONS ON REPORTS OF INDIA, SIERRA LEONE

Press Release
HR/4456

COMMITTEE ON RIGHTS OF CHILD CONCLUDES TWENTY-THIRD SESSION; ISSUES RECOMMENDATIONS ON REPORTS OF INDIA, SIERRA LEONE

Also Issues Recommendations on Costa Rica, the former Yugoslav Republic of Macedonia, Armenia, Peru, Grenada, South Africa

(Reissued as received)

GENEVA, 28 January (UN Information Service) -- The Committee on the Rights of the Child concluded its three-week winter session this morning by issuing conclusions and recommendations on reports submitted to it by India, Sierra Leone, Costa Rica, the former Yugoslav Republic of Macedonia, Armenia, Peru, Grenada, and South Africa.

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

The Committee recommended, among other things, that India should take steps to ensure that states abolish the discriminatory practice of "untouchability", prevent caste and tribe-motivated abuse, and prosecute state and private actors who were responsible for such practices or abuses; and that India continue its efforts to carry out comprehensive public education campaigns to prevent and combat caste-based discrimination. It recommended that concerted efforts be taken at all levels to address social inequalities through a review and reorientation of policies, including increased budgetary provisions for programmes targeting the most vulnerable groups.

The Committee recognized the severe social and economic difficulties imposed both upon Sierra Leone and the general population by the many years of armed conflict, including a period during which regional sanctions were imposed. The Committee recognized, further, that the repeated changes of government within the State party, including through military action, had made it difficult to develop and implement a concerted policy of implementation of the Convention. It recommended that every feasible measure be taken to have all child abductees and combatants released and demobilised and to rehabilitate and reintegrate them in society.

- 2 - Press Release HR/4456 31 January 2000

The Committee recommended, among other things, that Costa Rica increase measures to reduce socio-economic and regional disparities; and to prevent discrimination against the most disadvantaged groups of children. It was also recommended that educational campaigns be undertaken to raise awareness and to prevent and combat discrimination on the grounds of gender, ethnic and/or national origin; and to prohibit the use of corporal punishment in the home and to take effective measures to enforce the legal prohibition of using corporal punishment in schools and other institutions and in the penal system.

The Committee recommended, among other things, that the former Yugoslav Republic of Macedonia (FYRM) address cases of economic exploitation of children, in particular street children, including through the enforcement of primary school attendance obligations and through efforts to raise secondary school attendance; and that it continue to monitor the incidence of drug abuse among children, proceed with preventive measures and make appropriate rehabilitative and other assistance available to children who already had drug addictions.

With regard to Armenia, the Committee noted that the State party had had to face serious economic, social and political challenges during the past few years caused by the transition to a market economy, including increased unemployment and poverty. It further noted that the consequences of the 1988 earthquake had had a serious impact on the welfare of the population, negatively affecting 40 per cent of its territory and approximately one third of its population, including children. The Committee recommended that all appropriate measures, including international cooperation, be taken to prevent and combat the damaging effects of environmental degradation on children.

The Committee noted that widespread poverty and long-standing economic and social disparities in Peru were still affecting the most vulnerable groups, including children, and hampering the enjoyment of the rights of the Peruvian child. While noting the decrease in political violence and terrorist activities, the Committee noted with concern that the consequences of those activities were still having a negative impact on the life, survival and development of children in Peru. It recommended that Peru take effective measures to protect children against the negative impact of internal violence, including the establishment of rehabilitation measures for child victims of that violence.

Concerning Grenada, the Committee recommended, among other things, that studies on domestic violence, ill-treatment and sexual abuse be undertaken in order to adopt adequate policy measures and contribute to changing traditional attitudes; that all appropriate measures be taken to prohibit corporal punishment within the family, schools, the juvenile justice and alternative care systems and generally within the society. The Committee acknowledged that the 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 impact of the structural adjustment programme and the increasing level of unemployment and poverty.

And the Committee acknowledged the challenges faced by South Africa in overcoming the legacy of apartheid which continued to have a negative impact on the situation of children and to impede the full implementation of the Convention. In particular, the Committee noted the vast economic and social disparities that continued to exist between various segments of society as well as the relatively high levels of unemployment and poverty. It recommended, among other things, that the Government ensure the full participation of youth in the development of strategies, to respond to HIV/AIDS at the national, regional and local levels; and that effective measures be taken to strengthen law enforcement, and intensify efforts to raise awareness in communities about the sale, trafficking and abduction of children.

The Committee's next session will be held from 15 May to 2 June 2000. At its twenty-fourth session, the Committee is scheduled to review reports from Iran, Georgia, Jordan, Norway, Kyrgyzstan, Cambodia, Malta, Suriname and Djibouti.

Concluding Observations and Recommendations

With regard to the report of India, the Committee was encouraged by the existence of a broad range of constitutional and legislative provisions and institutions for the protection of human rights and children's rights. It welcomed the growing involvement of non- governmental organizations (NGOs) and other grassroots organizations in activities to enhance the protection of human rights, including through "public-interest litigation".

The Committee noted that extreme poverty, which affected a significant part of India's population, the impact of structural adjustment, and natural disasters were factors which represented serious difficulties to the fulfilment of all of India's obligations under the Convention.

The Committee recommended, among other things:

-- that India pursue efforts to ensure full compatibility of its legislation with the Convention, taking due account of the general principles of the Convention;

-- that the State party take all necessary measures, including the allocation of the required resources, to ensure and strengthen the effective implementation of existing legislation;

-- that it provide adequate resources and take all other necessary steps to strengthen the capacity and effectiveness of national human rights institutions, including the National Human Rights Commission, the National Commission for Women, and the Scheduled Castes and Scheduled Tribes Commission;

-- that the Government of India adopt a comprehensive national plan of action, based on a child rights approach, to implement the Convention; -- that a comprehensive system be developed for collecting desegregated data as a basis to assess progress achieved in the realization of children's rights and to help design policies to be adopted to implement the Convention;

-- that the State party develop ways to establish a systematic assessment of the impact of budgetary allocations on the implementation of child rights and to collect and disseminate information in that regard;

-- that India review its legislation with a view to ensuring that age limits conformed to the principles and provisions of the Convention, and that it take greater efforts to enforce those minimum-age requirements;

-- that concerted efforts be taken at all levels to address social inequalities through a review and reorientation of policies, including increased budgetary provisions for programmes targeting the most vulnerable groups;

-- that the State party take steps to ensure states abolish the discriminatory practice of "untouchability", prevent caste and tribe- motivated abuse, and prosecute state and private actors who were responsible for such practices or abuses;

-- that India continue its efforts to carry out comprehensive public education campaigns to prevent and combat caste-based discrimination;

-- that greater efforts be made to ensure the timely registration of all births and to take measures as regards training and awareness- raising of registration in rural areas;

-- that the registration of each child taken to a police station be mandatory, including time, date and reason for detention, and that such detention be subject to frequent mandatory review by a magistrate;

-- that India ratify the Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment, which it signed in 1997;

-- that the State party take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse against children in the family, schools and care institutions;

-- that the Government undertake studies, and develop measures to address the prevailing disparities in access to education; that it improve the quality of teacher-training programmes, and the school environment; that it ensure that the quality of non-formal education schemes was monitored and guaranteed, and that working and other children who participated in such schemes were integrated into mainstream education;

-- that it take due regard of the aims of education laid down in article 29 of the Convention, including tolerance and equality of sexes and friendship among all peoples, ethnic, national and religious groups and persons of indigenous groups;

-- that the 1986 Child Labour Act be amended so that household enterprises and government schools and training centres were longer exempt from prohibitions on employing children; and that coverage was expanded to include agriculture and other informal sectors;

-- that states and districts establish and oversee child labour vigilance committees, and ensure that a sufficient number of labour inspectors were adequately resourced to effectively carry out their work;

-- that a national study be undertaken on the nature and extent of child labour, and that desegregated data, including violations, be compiled and kept up to date to serve as a basis for designing measures, and evaluating progress;

-- that the State party ensure that legislation criminalizes the sexual exploitation of children, and penalises all those offenders involved, whether local or foreign, while ensuring that the child victims of that practice were not penalised;

-- that all necessary measures be taken to eradicate the practice of Devadasi, or ritual prostitution;

-- that in order to combat trafficking in children, including for commercial sexual purposes, the Penal Code should contain provisions against kidnapping and abduction;

-- that a national study be undertaken on the nature and extent of sexual abuse and sexual exploitation of children, and that desegregated data be compiled and kept up to date to serve as a basis for designing measures and evaluating progress;

-- that India review its laws in the administration of juvenile justice to ensure that they were in accordance with the Convention;

-- and that the State party abolish by law the imposition of the death penalty to persons under 18.

Among positive aspects to the report of Sierra Leone, the Committee noted the State party's efforts to fulfil its reporting obligations under the Convention in spite of the internal armed conflict that had continued since 1991. The Committee noted with satisfaction the signing on 7 July 1999 of a peace agreement in Lom, and the end of hostilities within the State party. The Committee was especially encouraged by the inclusion in the Lom, peace agreement of references to children's rights and to the Convention on the Rights of the Child.

The Committee recognized the severe social and economic difficulties imposed both upon the State party and upon the general population by the many years of armed conflict, including a period during which regional sanctions were imposed. The Committee recognized, further, that the repeated changes of government within the State party, including through military action, had made it difficult to develop and implement a concerted policy of implementation of the Convention.

The Committee recommended, among other things;

-- that the State party undertake a review of existing legislation and of customary law practices and, where appropriate, adopt or amend legislation so as to ensure compatibility with the principles and provisions of the Convention;

-- that it consider the establishment of an independent body to monitor the Convention's implementation, and that the conclusions of such monitoring be used to improve the development and implementation of policies affecting children;

-- that Sierra Leone strengthen ongoing efforts at de- centralisation of authority to the districts and local levels with regard to the implementation of the Convention;

-- that the State party seek extensive international cooperation towards the implementation of the principles and provisions of the Convention, bearing in mind the need to strengthen national capacity;

-- that it maintain the important progress made so far and that it continue to work closely with national NGOs;

-- that a review of domestic legislation be conducted so as to ensure a consistent definition of a child and to adopt 18 years or above as the age of majority;

-- that it consider ways through which the principle of the best interest of the child could be promoted and protected;

-- that the State party take legislative and educative measures to prohibit the use of corporal punishment by courts, all public officials and in schools, and that it consider the prohibition of its use in the family, families and communities.

-- that every effort be made to strengthen family ties and the capacity of parents to fulfil their role in contributing to the protection of children's rights;

-- that the State party make every effort to strengthen family tracing programmes and also plan for the effective provision of alternative care for separated children;

-- that Sierra Leone ratify the Hague Convention on the Protection of Children and Cooperation in respect of Inter-country Adoption with a view to providing additional legal protection;

-- that the Government make every effort to rebuild national health infrastructures and to ensure the access of the whole population to basic health services, including in rural areas;

-- that mechanisms be urgently developed to effectively monitor the incidence and spread of HIV/AIDS;

-- that legislation be passed prohibiting practices of female genital mutilation;

-- that every feasible measure be taken to have all child abductees and combatants released and demobilised and to rehabilitate and reintegrate them in society;

-- that the State party establish and strictly enforce legislation prohibiting the future recruitment by any armed force or group of children under the age of 18;

-- that every effort be made to create conditions conducive to the return of child refugees and their families;

-- that the Government consider ratification of the International Labour Organization's Conventions No. 138 on minimum age for admission to employment, and No. 182 on the elimination of the worst forms of child labour;

-- that studies of incidents of sexual abuse be considered in the context of the armed conflict among the issues to be discussed by the truth and reconciliation commission;

-- that the Government address practices of commercial sexual exploitation by taking into account the recommendations formulated in the Agenda for Action adopted at the World Congress Against Commercial Exploitation of Children, held in Stockholm in 1996;

-- and that the establishment of mechanisms be established through which incidents of sexual abuse could be identified.

Among positive aspects in the report of Costa Rica, the Committee welcomed the State party's accession to the Hague Convention of 1993 on Protection of Children and Cooperation in Respect of Inter-Country Adoption, to the Hague Convention of 1980 on the Civil Aspects of International Child Abduction and to the Inter-American Convention against the International Traffic of Minors (1994). It said the establishment of the Ministry of Women's Affairs, and the enactment of the Law Against Domestic Violence (1996) and the Law on the Equality of Women, were regarded as important contributions to the prevention and treatment of violence against children in general and as significant support to the improvement of the situation of girls in particular.

The Committee noted that poverty and socio-economic and regional disparities within the State party were still affecting the most vulnerable groups, including children, were hampering the enjoyment of the rights of the child and were among factors and difficulties impeding further progress in the implementation of the Convention.

The Committee recommended, among other things:

-- that the State party continue taking effective measures to carry out the necessary institutional reform to guarantee the full implementation of the Children and Adolescents Code and other related legislation to the rights of the child;

-- that the Government take effective measures to guarantee broader levels of representation from all actors involved in the implementation of the Convention in the existing Coordinating and monitoring mechanisms, including at the municipal level, in order to strengthen their role;

-- that effective measures be taken to allocate the maximum extent of available resources for social services and programmes for children and that particular attention was paid to the protection of children belonging to vulnerable and marginalized groups;

-- that the State party increased measures to reduce socio- economic and regional disparities and to prevent discrimination against the most disadvantaged groups of children;

-- that educational campaigns be undertaken to raise awareness and to prevent and combat discrimination on the grounds of gender, ethnic and/or national origin;

-- that Costa Rica prohibited the use of corporal punishment in the home and took affective measures to enforce the legal prohibition of using corporal punishment in schools and other institutions and in the penal system;

-- that educational campaigns be undertaken for the development of alternative disciplinary measures for children at home, in schools and other institutions;

-- that the State party include in its domestic legislation the prohibition that children should not be submitted to torture and the corresponding sanctions against the perpetrators of torture;

-- that effective measures be taken, including reinforcing current multi-disciplinary programmes and rehabilitation measures to prevent and combat child abuse and ill-treatment of children within the family, at school and in society at large;

-- that the State party undertake effective measures to develop adolescent friendly health policies, and to strengthen reproductive health education and counselling services in order to prevent and reduce teenage pregnancies; -- that early identification programmes be developed to prevent disabilities and implement alternative measures to the institutionalization of children with disabilities;

-- that Costa Rica continue with its efforts in the field of education by strengthening its educational policies and system in order to reduce regional disparities in access to education and to establish retention programmes and vocational training for drop-out students;

-- that effective measures be taken to protect children belonging to indigenous and ethnic minority groups as well as children from Nicaraguan families in irregular situations against discrimination and to guarantee their enjoyment of all the rights as recognized by the Convention on the Rights of the Child;

-- and that the State party ratify ILO Convention 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (1999).

On the situation in the former Yugoslav Republic of Macedonia, the Committee was encouraged by the State party's establishment of an ombudsperson for children's rights and noted the State party's progress in reducing infant and maternal mortality in recent years. It also noted the progress made in raising significantly the levels of enrolment of children to primary school.

The Committee recognized the continuing economic and political transitions within the State party, the serious armed conflicts which had emerged repeatedly in neighbouring States, the imposition of international sanctions on parts of the region and the associated economic difficulties which hindered the full implementation of the Convention.

The Committee recommended, among other things:

-- that the State party make further efforts to ensure that the provisions and the principles of the Convention were reflected, applied and enforced in State policy and administrative practices;

-- that it allocate principal responsibility for the coordination and evaluation of the implementation of the Convention to a single mechanism;

-- that the former Yugoslav Republic of Macedonia develop a cross- ministerial plan of action for the implementation of children's rights, pursue implementation of the various projects referred to in the State party report, and ensure coordination of policy making and implementation;

-- that the State party give particular attention to the situation of children of poor families and from regions experiencing particular economic difficulties;

-- that the Government find alternative means to implement the third child policy, other than excluding the fourth child from social service benefits, and that it ensure that all children had equal access to such assistance without discrimination;

-- that the State party continue to take all appropriate measures to ensure that children were provided with appropriate opportunities to express their views and that those were given due weight;

-- that the State party continue its efforts to end corporal punishment practices in schools;

-- that it review policies requiring 15 to 18 year olds to share costs, and that it ensure that those policies did not restrict the access of adolescents to full health care;

-- that Macedonia continue with its programmes to improve the physical access of children with disabilities to public service buildings, including schools;

-- that the State party continue with its current efforts to address HIV/AIDS concerns, including through the continuous use of effective monitoring and prevention mechanisms;

-- that the Government increase its efforts to promote adolescent health policies and strengthen reproductive health education and counselling services;

-- that the State party pursue its efforts to increase the enrolment levels of all children from minorities in primary and secondary schools, with special attention to girls in general and children from the Roma minority in particular;

-- that it consider relevant reforms of juvenile justice policy and practice;

-- that the Government address cases of economic exploitation of children, in particular street children, including through the enforcement of primary school attendance obligations and through efforts to raise secondary school attendance;

-- and that the State party continue to monitor the incidence of drug abuse among children, proceed with preventive measures and make appropriate rehabilitative and other assistance available to children who already had drug addictions.

Among positive aspects in the report of Armenia, the Committee welcomed the adoption of the 1996 Rights of the Child Act, which demonstrated the commitment of the State party towards its obligations under the Convention. It further welcomed the establishment of the Human Rights Commission and the Gender Commission.

The Committee noted that the State party had had to face serious economic, social and political challenges during the past few years caused by the transition to a market economy, including increased unemployment, and poverty. Moreover, the Committee noted that the consequences of the 1988 earthquake had had a serious impact on the welfare of the population, negatively affecting 40 per cent of its territory and approximately one third of its population, including children.

The Committee recommended, among other things:

-- that the State party pursue efforts to ensure the full compatibility of its legislation with the Convention, based on a child rights approach;

-- that a comprehensive national plan of action be adopted to implement the Convention, and that attention be given to intersectoral coordination and cooperation at and between national and local levels of government;

-- that a comprehensive system be developed for collecting disaggregated data as a basis to assess progress achieved in the realization of children's rights and to help design policies to implement the Convention;

-- that the State party review its legislation with a view to ensuring that age limits conform to the principles and provisions of the Convention;

-- that Armenia make concerted efforts at all levels to address social inequalities through a review and reorientation of policies, including increased budgetary provisions for programmes targeting the most vulnerable groups;

-- that the State party accede to the 1993 Hague Convention on the Protection of Children and Cooperation in respect of Inter-Country Adoption;

-- that it ensure that all forms of physical and mental violence, including corporal punishment and sexual abuse against children in the family, schools and care institutions, were prohibited;

-- that allocation of resources towards an effective primary health care system be increased;

-- that the State party continue its efforts to distribute food to the poorest sections of society; expand the use of iodized salt; and establish family planning programmes;

-- that all appropriate measures, including international cooperation, be taken to prevent and combat the damaging effects of environmental degradation on children;

-- that the State party take all necessary measures to allocate the required resources to improve the access to education for the most vulnerable groups of children; -- that Armenia seek assistance from, among others, UNICEF and UNESCO, and relevant NGOs;

-- that it increase efforts to implement the 1998 Refugee Law and adopt implementing sub-legislation;

-- that the State party at all times ensure respect for human rights and humanitarian law aimed at the protection and care of children in armed conflict;

-- that the Government ensure that the minimum-age for admission to employment was enforced;

-- that a national drug control plan be developed with the guidance of the United Nations Drug Control Programme (UNDCP);

-- and that a national study be undertaken on the nature and extent of sexual abuse and sexual exploitation of children; and review its legislation and ensure that it criminalizes the sexual abuse and exploitation of children, and penalises all those offenders involved.

Concerning the report of Peru, the Committee welcomed the launching of initiatives such as the National Strategy to Combat Poverty (1995-200) and the National Programme of Action for Children (1996-2000) as well as the development of regional children's plans of action. It also praised the State party's accession to the Inter-American Convention to Prevent, Sanction and Eradicate Violence Against Women (1999), the Hague Convention of 1993 on the Protection of Children and Cooperation in Respect of Intercountry Adoption (1995) and the Convention on the Prohibition of the Use, Production, Transfer and Stockpiling of Anti-Personnel Landmines and on Their Destruction (1998).

The Committee noted that widespread poverty and long-standing economic and social disparities were still affecting the most vulnerable groups, including children, and were hampering the enjoyment of the rights of the child in Peru. While noting the decrease in political violence and terrorist activities, the Committee noted with concern that the consequences of those activities were still having a negative impact on the life, survival and development of children in Peru.

The Committee recommended, among other things:

-- that the State party continue taking measures to strengthen the Coordinating Commission with adequate financial and human resources in order to perform its mandate in an effective manner;

-- that Peru continue with its efforts to strengthen the mandate of the Children and Adolescents Defense Centres;

-- that the State party continue reviewing and updating its data collection system, with a view to including all areas covered by the Convention; -- that a locally based system be developed to monitor and evaluate the situation of children living in areas of extreme poverty in order to give priority to budget allocations for these groups of children;

-- that the State party increase measures to reduce economic and social disparities, including between urban and rural areas, to prevent discrimination against the most disadvantaged groups of children;

-- that efforts be made to ensure the implementation of the principles of "best interests of the child";

-- that the State party continue taking effective measures to protect children against the negative impact of internal violence, including the establishment of rehabilitation measures for child victims of that violence;

-- that Peru continue with its measures to ensure the immediate registration of the birth of all children;

-- that further measures be undertaken to promote the participation of children in the family, at school and in other social institutions;

-- that the Government continue developing alternative measures to institutional care of children, in particular by promoting effectively foster care;

-- that the State party continue taking effective measures to prevent and combat abuse and ill-treatment of children within the family, at school and in society at large;

-- that early identification programmes be developed to prevent disabilities and implement alternative measures to the institutionalization of children with disabilities;

-- that Peru continue taking effective measures to ensure access to basic health care and services for all children;

-- that it also continue with its efforts to strengthen its educational policies and system in order to improve on-going retention programmes and vocational training for drop-out students;

-- that the State party consider ratifying ILO Convention No. 138 regarding minimum age for admission to employment (1973) and the new ILO Convention No. 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (1999);

-- that Peru conduct a national study on the issue of commercial sexual exploitation of children as a basis to design and implement a comprehensive national plan of action to prevent and combat the phenomenon;

-- and that the State party ensure that deprivation of liberty was used only as a measure of last resort; and that it improve the living conditions of children in prisons and other detention centres.

In the report of Grenada, the Committee welcomed the National Coalition on the Rights of the Child which was established to coordinate, monitor and evaluate the implementation of the principles and provisions of the Convention. The Committee noted with appreciation that the National Coalition had been instrumental in initiating a number of programmes to improve the situation of children and to raise public awareness about the Convention.

The Committee acknowledged that the 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 impact of the structural adjustment programme and the increasing level of unemployment and poverty.

The Committee recommended, among other things:

-- that Grenada intensify its efforts to establish a central registry for data collection and to introduce a comprehensive system of data collection incorporating all the areas covered by the Convention;

-- that it reinforce its efforts to establish an independent Ombudsperson to deal with complaints of violations of the rights of children and to provide remedies for such violations;

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

-- that legislation be amended to ensure that boys were provided equal and adequate protection against sexual abuse and exploitation;

-- that the State party seek to reinforce the necessary infrastructure and develop a systematic approach to increasing public awareness of the participatory rights of children;

-- that it undertake all necessary measures, including awareness raising among government officers, community and religious leaders, and parents themselves, to ensure that all children were registered and given a name at birth;

-- that proper monitoring procedures be introduced with respect to both domestic and intercountry adoptions;

-- that studies on domestic violence, ill-treatment and sexual abuse be undertaken in order to adopt adequate policy measures and contribute to changing traditional attitudes;

-- that all appropriate measures be taken to prohibit corporal punishment within the family, schools, the juvenile justice and alternative care systems and generally within the society;

-- that the State party increase its efforts in promoting adolescent health policies and counselling services as well as strengthening reproductive health education, including the promotion of male acceptance of the use of contraceptives;

-- that efforts be intensified to address environmental health concerns, particularly as regards solid waste management;

-- that monitoring mechanisms be introduced to ensure the enforcement of labour laws and protection of children from economic exploitation, particularly within the informal sectors;

-- that all appropriate measures be taken, including administrative, social and educational measures, to protect children from the illicit use of alcohol, narcotic drugs and psychotropic substances and to prevent the use of children in the illicit production and trafficking of such substances;

-- and that additional steps be taken to implement a juvenile justice system in conformity with the Convention, to use deprivation of liberty only as a measure of last resort and for the shortest possible period of time, and to protect the rights of children deprived of their liberty, including the right to privacy.

And concerning the report of South Africa, the Committee expressed appreciation for the efforts made by the State party in the area of legal reform. It welcomed the new Constitution (1996), in particular article 28 which guaranteed children a number of specific rights and freedoms.

The Committee acknowledged the challenges faced by South Africa in overcoming the legacy of apartheid which continued to have a negative impact on the situation of children and to impede the full implementation of the Convention. In particular, the Committee noted the vast economic and social disparities that continued to exist between various segments of society as well as the relatively high levels of unemployment and poverty.

The Committee recommended, among other things:

-- that South Africa continue its efforts in the area of legal reform to ensure that its domestic legislation conformed fully with the principles and provisions of the Convention;

-- that effective measures be taken to ensure that adequate resources were allocated to ensure the effective functioning of the South African Human Rights Commission;

-- that the system of data collection be reviewed with a view to incorporating all the areas covered by the Convention; -- that greater effort be made to ensure that the provisions of the Convention were widely known and understood by adults and children alike, in both rural and urban areas;

-- that the State party increase its efforts to ensure implementation of the principle of non-discrimination and full compliance with article 2 of the Convention, particularly as it related to vulnerable groups.

-- that greater efforts be made to prevent police brutality and ensure that child victims were provided adequate treatment to facilitate their physical and psychological recovery and social reintegration and that perpetrators were sanctioned;

-- that South Africa take effective measures to ensure compliance with maintenance orders and the recovery of maintenance for the child;

-- that the State party develop additional programmes to facilitate alternative care, provide additional training for social and welfare workers and establish independent complaint and monitoring mechanisms for alternative care institutions;

--that the State party undertake studies on domestic violence, ill-treatment and abuse to understand the scope and nature of those practices.

-- that effective measures be taken to prohibit by law corporal punishment in care institutions;

-- that the Government increase its efforts to facilitate the implementation of sustainable development programmes to prevent environmental degradation, especially as regards air pollution;

-- that the State party reinforce adolescent health policies, particularly with respect to accidents, suicide, violence and substance abuse;

-- that the Government ensure the full participation of youth in the development of strategies, and that it respond to HIV/AIDS at the national, regional and local levels;

-- that it reinforce its early identification programmes to prevent disabilities, establish special education programmes for children with disabilities and further encourage their inclusion in society;

-- that the State party strengthen its efforts to combat and eradicate the practice of female genital mutilation and that it carry out sensitization programmes for practitioners and the general public to change traditional attitudes and discourage harmful practices;

-- that it continue its efforts to promote and facilitate school attendance, particularly among previously disadvantaged children, girls and children from economically disadvantaged families; -- that the State party improve its monitoring mechanisms to ensure the enforcement of labour laws and protect children from economic exploitation;

-- that effective measures be taken to strengthen law enforcement, and intensify efforts to raise awareness in communities about the sale, trafficking and abduction of children;

-- and that the State party undertake all appropriate measures to ensure that the rights of children belonging to minority groups, including the Khoi-Khoi and San, were guaranteed, particularly those rights concerning culture, religion, language and access to information.

Convention on the Rights of the 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.

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 State 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 State parties to serve in their personal capacity, have been elected to the Committee: Jacob Doek (the Netherlands), Amina Le Guindi (Egypt), Francesco Paolo Fulci (Italy), Judith Karp (Israel), Esther Margaret Queen Mokhuane (South Africa), Awa N'deye Ouedraogo (Burkina Faso), Ghassan Salim Rabah (Lebanon), Lily Rilantono (Indonesia), Marilia Sardenberg Gon‡alves (Brazil), and Elizabeth Tigerstedt-T*htal* (Finland).

Chairwoman is Mrs. Ouedraogo. Vice Chairpersons are Mrs. Sardenberg, Mrs. Mokhuane, and Mr. Rabah. Mr. Doek is Rapporteur.

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