COMMITTEE ON RIGHTS OF CHILD CONCLUDES FORTY-THIRD SESSION

The Committee on the Rights of the Child concluded today its forty-third session and issued its conclusions and recommendations on the situation of children in Samoa, Ethiopia, Oman, Kiribati, Swaziland, Senegal, Republic of Congo, Benin, Ireland, and Jordan, all of whose reports on efforts to comply with the Convention on the Rights of the Child were considered during the session. The reports of Syria, Denmark and Viet Nam on efforts to comply with the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography were also examined. The Committee further took up the reports of Kazakhstan and Viet Nam on efforts to comply with the Optional Protocol to the Convention on the involvement of children in armed conflict. It also considered the report of Malta on efforts to comply with the Optional Protocol to the Convention on the involvement of children in armed conflict in a technical review.

The conclusions and recommendations were contained in the final report for the three-week session, which was adopted today by the 18-member Committee (CRC/C/43/3).

Also at its final meeting, the Committee adopted Guidelines for initial reports by States Parties on measures taken to implement the Optional Protocol on the sale of children, child prostitution and child pornography. The Guidelines detail what information should be included in State party reports, and were drafted in order to assist parties that have not yet reported to better understand the kind of information and data the Committee considers necessary to understand and evaluate progress made.

On 15 September, the Committee devoted a Day of General Discussion to the theme “Speak, Participate and Decide – The Child’s Right to be Heard”, which was attended by over 200 participants from 45 countries, including some 30 children. Following the discussion, the Committee issued a series of recommendations on the right of the child to be heard in which it outlined specific measures to be undertaken to promote and ensure this right

The Committee also adopted a General Comment on the Rights of Children with Disabilities, which detailed key provisions to be taken for disabled children, as well as general measures for their implementation, including national plans of action and policies, statistics-gathering, budget allocation and administrative coordination.

The Committee's next session will be held from 15 January to 2 February 2007 at the Palais Wilson in Geneva. Scheduled for consideration are the reports of Chile, Honduras, Kenya, Malaysia, Maldives, Mali, Marshall Islands and Suriname. Under the two Optional Protocols, on the sale of children, child prostitution and child pornography and on the involvement of children in armed conflict, the reports of Costa Rica and Kyrgyzstan are scheduled.

Final Observations and Recommendations on Reports Presented Under the Convention on the Rights of the Child

Samoa

Among the positive developments in Samoa’s initial report, the Committee commended the State party for completing the comprehensive legislative compliance review on the Convention on the Rights of the Child, and the development of indicators that could greatly assist in its implementation. It also commended the State party for adopting the Births, Deaths and Marriages Registration Act (2002), which provided for better regulation and obligations for registration; the Citizenship Act (2004), which conferred citizenship to any child born in Samoa or by descent; the Infants (Adoption) Amendment Act 2005, which provided for the regulation of adoption agencies in Samoa and the regulation of inter-country adoption; and the ratification of the Rome Statue of the International Criminal Court in 2002.

The Committee was concerned about the lack of a national policy or legislation ensuring the right of children with all types of disabilities to the enjoyment of a full and decent life, and at the inadequate support given to children with special needs in the educational system. The Committee was also concerned at the increasing rates of teenage pregnancy, substance abuse, sexually transmitted infections, and at the limited availability of reproductive health information. In that connection, the Committee made a number of recommendations, including that Samoa undertake a comprehensive study to assess the nature and extent of adolescent health problems to be used as a basis to formulate adolescent health policies and programmes with a particular focus on the prevention of sexually transmitted infections.

The Committee was concerned that the treatment of children in conflict with the law was not in compliance with the Convention. In particular, it was concerned at the low minimum age for criminal responsibility (8 years), the absence of a separate justice system for juveniles and the provision of alternatives to judicial proceedings and imprisonment. It recommended that Samoa establish a functioning juvenile justice system; raise the minimum age of criminal responsibility to an internationally acceptable level; ensure that deprivation of liberty was used as a last resort and that detained children were always separated from adults; and that it provide training programmes on relevant international standards for all professionals involved with the system of juvenile justice.

Ethiopia

Among positive developments in the third periodic report of Ethiopia, the Committee welcomed the free anti-retroviral programme started in 2005; the provisions in the New Criminal Code of 2005 that criminalized harmful traditional practices and most forms of human trafficking; the provision in the Revised Family Code setting 18 years of age for marriage for both girls and boys; and the adoption of a National Plan of Action for Children (2003-2010). The Committee also welcomed the ratification of ILO Conventions No. 29, on Forced Labour, and No. 182, concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, in 2003; and the African Charter on the Rights and Welfare of the Child, in 2002.

The Committee remained concerned, however, at the lack of a systematic legislative review and adoption of a comprehensive Children’s Code, and regretted that the Convention has not yet been published in the Official Gazette. While welcoming the increased budget allocation for education and health, the Committee was also concerned that the resources for the National Plan of Action were insufficient. The Committee was further concerned over the fact that discrimination against certain groups of children existed, particularly with regard to girls, children with disabilities, children living in poverty, refugee children, children affected by and/or infected with HIV/AIDS, and children belonging to ethnic minorities.

The Committee was deeply concerned about the direct impact on children of events following the November 2005 demonstrations, and was particularly disturbed to learn that schools had been attacked under the pretext that children were involved. The Committee was seriously concerned also over information that children continued to be victims of torture, cruel and degrading treatment by the police and military, in particular numerous reports of rapes committed by members of the military. The Committee was further concerned at the lack of a comprehensive policy to counteract child abuse. The Committee was deeply concerned at the prevalence of child labour among children as young as five years old and that the State party had not taken comprehensive measures to prevent and combat that large-scale economic exploitation of children. In that regard, the Committee urged Ethiopia to develop and implement a comprehensive plan of action, in full compliance with ILO Conventions Nos. 138 and 182.

Oman

Following its consideration of the second periodic report of Oman, the Committee welcomed the accession/ratification of the State party to the International Convention on the Elimination of All Forms of Racial Discrimination, in 2003; the Optional Protocols to the Convention on the involvement of children in armed conflict and on the sale of children in 2004; the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, in 2005; and ILO Convention No. 138 concerning the Minimum Age for Admission to Employment, in 2005. It also welcomed the State party’s unique cooperation with UNICEF.

The Committee was concerned about the persisting de facto discrimination against women and girls in Omani society and that, despite ongoing efforts to provide equal opportunities for children with disabilities, that the traditional charity-based welfare approach to address the issue such children still prevailed. Discrimination against children born out of wedlock was another issue of particular concern. For the high number of children of migrant workers in Oman, the Committee was concerned about discrimination on the basis of national origin in terms social benefits, health, education and housing. The Committee recommended that Oman, taking into account the principle of the best interests of the child, ensure the right of all children to preserve her or his identity, including nationality, name and family relations. It also urged Oman to review its Nationality Law in order to ensure that an Omani mother had the right to confer Omani citizenship to her children equally and without discrimination.

The Committee regretted that many children born out of wedlock lacked parental care because pregnancies outside marriage were considered illegal and mothers were “corrected” for their behaviour by placing their children in alternative care. It also regretted the limited information and data on children placed in such care, particularly regarding an evaluation of the quality of care and the review of such placements. In that regard, the Committee drew the attention of the State party to the recommendations adopted on its day of general discussion on children without parental care. The Committee also noted with concern that a few communities still practised female genital mutilation in Oman, as well as the findings of the comprehensive health survey of 2001, which indicated that a very high percentage of women (85 per cent) still approved that harmful traditional practice. The Committee strongly emphasized that female genital mutilation was incompatible with the principles and provisions of the Convention.

Kiribati

The Committee welcomed a number of positive developments in the initial report of Kiribati, including the adoption of the National Youth Policy and Action Plan in 2001; the development of the National Plan of Action (2006-2008); the establishment of the Kiribati National Advisory Committee on Children; the creation of the Family Assistance and Sexual Offences Unit in the Kiribati Police Service; and the ratification of the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.

The Committee was concerned that there was no specific legislation to protect the rights of the child and that domestic law, including customary law, was not in full compliance with the principles and provisions of the Convention and was frequently not implemented, particularly in remote areas. It was further concerned that there was no single definition of a child in Kiribati. Corporal punishment was not explicitly prohibited and was still widely practised, and the Committee recommended, among other things, that Kiribati amend all relevant legislation to ensure that corporal punishment was explicitly prohibited in the family, schools, penal institutions, alternative care settings and as a traditional form of sentencing.

The Committee was concerned at the high number of reported cases of violence and child abuse, including sexual abuse and reports that victims of rape were often shunned by their communities. Furthermore, it was concerned at reports of an increasing number of children who abused drugs and consumed alcohol and tobacco, as well as increasing rates of attempted suicides among young people, sexually transmitted infections, teenage pregnancies and the absence of programmes related to mental health and to sexual and reproductive health. It noted with concern that, despite a minimum age for labour of 14 years, many children under the age of 14 worked, either full-time, or outside of school hours. The Committee urged Kiribati to strengthen measures to combat child labour. The reported increase in commercial sexual exploitation of children in Kiribati was also an issue of concern, and the Committee recommended a number of measures to combat that trend.

Swaziland

In reviewing the initial report of Swaziland, the Committee welcomed a number of positive developments, including the adoption of the Constitution Act of 2005, which incorporated human rights in the domestic law and contained specific provisions regarding the recognition and protection of the rights of the child; the amendment of the Criminal Procedure and Evidence Act that resulted in the establishment of the Children’s Court within the High Court, in 2005; the adoption of the National HIV and AIDS policy and the Second National Strategic and Action Plan (2006-2008); the establishment of the Ministry of Regional Development and Youth Affairs in April 2006; and the establishment the Children’s Centre Clinical Excellency, a special health facility for children infected with HIV/AIDS.

The Committee was concerned at the lack of clarity under the common law and the customary law in Swaziland regarding the definition of the child and the minimum age for marriage. While welcoming the fact that the Constitution addressed the issue of non-discrimination, the Committee was concerned that national legislation was inconsistent with the non-discrimination provisions of the Convention. The Committee was deeply concerned at the situation of girls, in particular adolescent girls who suffered marginalization and gender stereotyping, compromising their educational opportunities, and who were more vulnerable to sexual violence, abuse and HIV/AIDS. The Committee was deeply concerned that corporal punishment was legal, traditionally accepted and widely practised in the family, in schools and in other settings, and it recommended that Swaziland consider as a matter of priority amending the Constitution and explicitly prohibiting corporal punishment in all settings.

The Committee recommended that the State party develop an effective and comprehensive policy addressing the needs of children without parental care; effectively support programmes for children in vulnerable families, particularly those affected by HIV/AIDS and suffering from poverty; provide psychosocial and financial support to extended families that cared for children of parents who have died of AIDS and for child-headed households; promote and support family-type forms of alternative care for children deprived of parental care; develop clear standards guiding the operation of orphanages and implement an effective inspection system; and establish confidential complaints and counselling mechanisms to which children had access. Furthermore, the Committee encouraged the State party to pay particular attention to the rights and status of children with disabilities in the context of the African Decade of Persons with Disabilities 1999-2009.

Senegal

Having considered the second periodic report of Senegal, the Committee welcomed the incorporation of the Convention into the Constitution of 2001, as well as the enactment of the Labour Code (1997), which fixed the minimum age of employment at 15. It also welcomed a 1999 law prohibiting excision, sexual harassment, paedophilia and sexual assault and all forms of sexual mutilation, sexual violence and corruption of minors; a 2005 law against human trafficking and for the protection of victims; and the 2004 amendments to an existing law which made education free and compulsory for children aged 6 to 16. The Committee also noted with appreciation the ratification of the two Optional Protocols to the Convention, as well as the ratification of ILO Conventions No.138, concerning the minimum age for employment, and No. 182, concerning the worst forms of child labour.

The Committee welcomed the establishment of an inter-ministerial Directorate of the rights of the child, but recommended that its exact mission and role be defined and that it be provided with adequately trained personnel. The Committee expressed concern at the fact that discrimination against certain groups of children still existed in practice, particularly towards children born out of wedlock, children with disabilities, children affected by HIV/AIDS, girls, street children and Talibés children. While noting that steps had been taken to better respect the principle of the best interest of the child, the Committee remained concerned that the principle was still insufficiently addressed in schools, courts and other institutional settings. The Committee also remained concerned that traditional societal attitudes appear to limit children to freely express their views within the family, schools communities and courts and other institutional settings.

Further, the Committee remained concerned at the high level of teenage pregnancies, the inadequate reproductive health services and at the lack of mental health services for adolescents, in particular the insufficient awareness-raising campaigns and lack of HIV/AIDS counselling and treatment centres. The Committee recommended ensuring that more attention be given to the issue of children and HIV/AIDS; that efforts to prevent mother-to-child transmission of HIV be strengthened; that discrimination against children infected with and affected by HIV/AIDS be prevented; and that protection and support for AIDS orphans be improved.

Republic of Congo

Among positive aspects the Committee welcomed in the initial report of Republic of Congo were the creation of the Department for Legal Protection of Children within the Ministry of Justice; the establishment of the Inter-Ministerial Committee on the Follow-up of the Convention on the Rights of the Child; and the adoption of the Strategic Programme and the Framework for Operations 2004-2008, aimed at improving the situation of children. It also welcomed the ratification of three ILO Conventions: No. 105, on the abolition of forced labour, in 1999; No. 138, concerning the minimum age for employment, in 1999; and No. 182, on the worst forms of child labour, in 2002.

The Committee recommended that Congo improve and harmonize its legislation with the principles and provisions of the Convention, and adopt a comprehensive Child Protection Code. It further recommended that Congo provide the National Human Rights Commission and the Office of the Mediator of the Republic (Ombudsman) with an adequate mandate to enable them to monitor the implementation of the Convention and deal with individual complaints. The Committee was concerned that the role of civil society, in particular that of non-governmental organizations, was rather limited in the promotion and implementation of the Convention. The Committee was also concerned that ethnic-based discrimination against indigenous people was practiced on a widespread basis, that gender-based discrimination was visible in the boy/girl ratio in schools, and at the trivialization of rape. Finally, the Committee was concerned at discrimination against HIV/AIDS-infected children, street children, and refugee children.

The Committee recommended that Congo implement an efficient and accessible birth registration system, including for non-citizens, which would cover its territory fully, through, inter alia, promoting awareness of the importance of birth registration through mass campaigns; ensuring that birth registration was free of charge; and introducing mobile birth registration units. The Committee urged the State party to take effective measures to protect children from torture and other cruel, inhuman or degrading treatment, and emphasized the urgent need to investigate all reported cases and prosecute any person acting in an official capacity responsible for such acts. The Committee also recommended that Congo take necessary measures to prevent child abuse and neglect, including by establishing effective mechanisms to receive monitor and investigate complaints; ensuring complaints were collected in a child-sensitive manner; and adopting a plan of action to combat any form of violence against children.

Benin

Following its consideration of the second periodic report of Benin, the Committee welcomed the adoption of laws and regulations aimed at protecting and promoting the rights of children, inter alia, a law setting out conditions for the displacement of minors and the suppression of trafficking in children in Benin; a law on prevention, care and support related to HIV/AIDS; the Persons and Family Code; a law on the suppression of female genital mutilation; a law on sexual and reproductive health; and a 2003 Inter-ministerial order on sanctions for perpetrators of sexual abuse in public and private educational establishments. The Committee also noted with appreciation the establishment of the National Commission on the Rights of the Child, as well as the national unit to monitor and coordinate child-protection activities.

The Committee recommended that Benin establish an independent national human rights institution in accordance with the Paris Principles, and that it strengthen efforts to ensure that the general principle of the best interests of the child was understood, integrated and implemented in all legal provisions, judicial and administrative decisions and in services that had an impact on children. The Committee reiterated its concern that infanticide of so-called “sorcerer’s children” continued to be practised in certain communities and on infants with disabilities. It noted with particular concern that corporal punishment was lawful in the home and institutions. While noting Benin's efforts to revise its adoption procedures, the Committee was concerned at the lack of information and data on inter-country, national and the so-called “informal adoptions”.

The Committee was deeply concerned at the prevalence of child labour among young children under the age of 14, at the traditional practice of domestic servants or vidomégon, and at the increased number of children working in the informal sector.
Regarding juvenile justice, the Committee was concerned at reports of inhumane conditions in juvenile quarters, that children could be detained for a long period of time in police stations and in detention centres before trial, and that children in detention centres were not always separated from adults. The Committee recommended, inter alia, that Benin: urgently establish an age for criminal responsibility at an internationally acceptable level; ensure children deprived of liberty remained in regular contact with their families, when appropriate; implement alternative measures to deprivation of liberty; and consider establishing family courts with specialized juvenile judges.

Ireland

Among progress achieved in the second periodic report of Ireland, the Committee noted with appreciation the adoption of the Ombudsman for Children Act of 2002; the Education for Persons with Special Needs Act of 2004; the National Children’s Strategy, Our Children – Their Lives of 2000; the National Play Policy of 2004; and the National Anti-Poverty Strategy reviewed in 2001. It also welcomed various measures in follow-up to the Committee’s concluding observations to Ireland’s initial report, in particular, the establishment of the National Children’s Office and the National Children’s Advisory Council in 2001; the appointment of an Ombudsman for Children in 2004; and the establishment of the Office of Minster for Children in 2005.

While noting with appreciation measures to promote respect for the views of the child, the Committee was concerned at the lack of insufficient provisions for guardian ad litem, and also noted that a high number of the complaints received by the Ombudsman for Children related to a lack of respect for the views of the child. The Committee remained concerned that no comprehensive national strategy or measures for the prevention of child abuse were in place, and that there are delays in accessing support services. It recommended that Ireland, inter alia, continue reviewing the Children First Guidelines and consider their establishment on a statutory basis; ensure that all reported cases of abuse and neglect were adequately investigated and prosecuted, and that victims of abuse and neglect had access to counselling and assistance with physical recovery and social reintegration; and that it develop a comprehensive child abuse prevention strategy.

The Committee was deeply concerned that corporal punishment within the family was still not prohibited by law and urged Ireland to explicitly prohibit all forms of corporal punishment in the family; that it sensitize and educate parents and the general public about the unacceptability of corporal punishment; and that it promote positive, non-violent forms of discipline as an alternative to corporal punishment. The Committee also recommended that the State party strengthen its efforts to address alcohol consumption by children, by, inter alia, developing and implementing a comprehensive strategy which should include awareness-raising, the prohibition of alcohol consumption by children and advertising that targetted children. Regarding juvenile justice matters, the Committee was very disappointed that the age of criminal responsibility had been lowered to 10 years for serious crimes, and recommended that Ireland reinstate the provisions regarding the age of criminal responsibility as established in the Children Act 2001.

Jordan

Having considered the third periodic report of Jordan, the Committee welcomed the adoption of the Jordanian National Plan of Action for Children, 2004-2013; the Early Childhood Development Strategy in Jordan launched in December 2000, and the subsequent Plan of Action for 2003-2007; and the National Youth Strategy for Jordan, 2005-2009. It noted with appreciation the establishment, in 2001, of the National Council on Family Affairs, strengthening the position of families and expanding their role in society, and the establishment, in 2003, of the Human Rights and Public Freedoms Division within the Ministry of the Interior to promote and protect human rights, including the rights of the child.

The Committee was of the view that Jordan’s reservation to articles 20 and 21 of the Convention was unnecessary: article 20, paragraph 3, expressly recognized kafalah as alternative care; and article 21 expressly referred to States parties that “recognize and/or permit the system of adoption”. The Committee was concerned that, despite raising the marriage age to 18, and the media campaigns on the adverse effects of early marriage, in some communities girls as young as 14 and 15 could be married with the consent of a guardian and a judge. It recommended that Jordan continue to address the problems faced by the girl child and that local, religious and other leaders should also be invited to take a more active role in efforts to prevent and eliminate such discrimination. The Committee was alarmed by reported cases of crimes committed against girls in the name of “honour”. It expressed its serious concern at articles of the Penal Code that provided for a reduction in penalty for “honour” cases, and it urged Jordan, inter alia, to increase the number of accessible shelters and counselling services for women and girl victims or those at risk of “honour” crimes.

The Committee recommended that the State party consider revising its laws to ensure men and women had equal parental responsibilities, regardless of marital status. The Committee was deeply concerned that children continued to be victims of direct and/or indirect violence in the home. It also noted with concern that the police usually acted as a central contact point in cases of violence against children, child abuse and maltreatment. The Committee urged the State party to, inter alia, develop a comprehensive national strategy to prevent and respond to domestic violence, ill-treatment of children and child abuse; adopt adequate measures and policies to contribute to changing attitudes; and develop and implement an effective system for the identification, reporting and managing of child abuse and ill-treatment cases.

Optional Protocol on the Sale of Children, Child Prostitution and
Child Pornography

Syria

The Committee welcomed the initial report of Syria and the information that international conventions to which it was a party took precedence over domestic legislation. The Committee further commended Syria’s accession to the Convention against Torture, in 2004; the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, in 2005; the Optional Protocol on the Involvement of Children in Armed Conflict in 2003; and the ratification of ILO Convention No. 182, on the elimination of the worst forms of child labour, in 2003. It also noted with appreciation the information that the Government had approved the withdrawal of the reservations entered to articles 20 and 21 of the Convention and to articles 3, paragraphs (1) (a) (ii) and (5) of the Optional Protocol.

The Committee was concerned that in Syria there were no provisions expressly targeting the sale of children and child pornography and that the age limit in the Penal Code was not set at 18 years for all the offences covered by the Protocol. While noting protection measures contained in the Juvenile Delinquent Act, the Committee was concerned that they referred to children accused and/or convicted of a crime rather than to child victims. It was further concerned that under the Evidence Act persons under 18 were not competent to testify, except in cases of alleged rape or offences against morality, and that victims of acts covered by the Optional Protocol, notably children used for prostitution, could be prosecuted and, if foreign nationals, expelled. Syria should be guided by the UN Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime, including by allowing the views, needs and concerns of child victims to be presented and considered in proceedings where their interests were affected; using child-sensitive procedures to protect children from hardship during the justice process; and establishing special procedures for the collection of evidence from child victims and witnesses, such as video and audio recordings, to reduce the number of interviews. The Committee also recommended that Syria address the issue of temporary marriages, including by raising awareness among children, families and within the community of the rights of the girl child and the negative impact that such forms of marriages may have on the physical and mental health and general well-being of girls.

Denmark

Among positive aspects in Denmark’s initial report, the Committee welcomed the adoption of the 2005 Action Plan “A New Life” to combat prostitution; the 2003 National Plan of Action to combat sexual abuse of children; the amendment of the Criminal Code in 2002 to introduce a provision on trafficking in human beings; and the 2005 Appendix to the Action Plan to Combat Trafficking in Women, to protect and support children that have been trafficked to Denmark. The Committee also welcomed the establishment of an IT Investigation Unit specialized in criminal offences committed on the Internet, including child pornography, by the Office of the National Commissioner of Police. Furthermore, the Committee noted with appreciation measures taken for the physical and psychological recovery of children, such as subsidies for psychologist consultations, and the increase in the penalties for recording and dissemination of child pornography. Denmark's considerable efforts in areas of international development assistance focusing on issues covered by the Optional Protocol were also appreciated.

Referring to the recent and exceptionally severe case of sexual abuse and prostitution of a child in Tønder, the Committee was concerned that civil society and public employees were not fully aware of their obligation to report to the authorities. Furthermore, it noted with concern the heavy work burden and limited resources of social welfare offices. In order to prevent recidivism among persons convicted of sexual offences against children, the Committee recommended that Denmark consider amending the Act on obtaining criminal records disclosures in connection with employment to cover all employees and volunteers already working with children. The Committee was also concerned at reports that that some Danish travel agents and Danish citizens had been involved in child sex tourism. It recommended that the State party increase efforts to combat the worrying phenomenon of child sex tourism, including by consistently prosecuting offenders for the crimes committed abroad upon return as well as by strengthening cooperation with non-governmental organizations and the tourist industry in order to better meet the guidelines set up by the World Tourist Organization on the protection of children from sexual exploitation in tourism.

Viet Nam

Having reviewed the initial report of Viet Nam, the Committee welcomed the National Programme of Action for Vietnamese Children 2001-2010; the 2004-2010 National Action Plan on the prevention of trafficking in women and children; the 2006-2010 Intersectoral Programme on the prevention of prostitution; and the National Programme on Prevention and Settlement of street children, sexually abused children and children working under hazardous and dangerous conditions 2004-2010. Furthermore, the Committee welcomed the ratifications of the Optional Protocol to the Convention on the involvement of children in armed conflict, in 2001; and of ILO Conventions No. 138, on the minimum age for employment, in 2003, and No.182, on the elimination of the worst forms of child labour, in 2000.

The Committee noted that, despite State party activities in that regard, measures to raise awareness among the public and State officials on areas covered by the Protocol remained insufficient. The Committee was also concerned that staff working with victims of offences covered by the Protocol still lacked adequate skills, especially with respect to recovery and reintegration of child victims. It recommended that Viet Nam undertake research on the nature and extent of sale of children, child prostitution and child pornography and ensure that disaggregated data on those issues were systematically collected and analysed.

The Committee expressed concern that child prostitution and sex tourism were an increasing problem in the country, and that at least 10 per cent of sex workers in Viet Nam were believed to be children. It recommended that Viet Nam increase efforts to combat child prostitution, including by adequately implementing the 2006-2010 Intersectoral Programme on the prevention of prostitution. Furthermore, the Viet Nam should urgently tackle the rise of sex tourism related crimes, inter alia, by developing a specific strategy targeting the tourist industry. The Committee further recommends that the State party ensure that child victims of any of the offences under the Optional Protocol were neither criminalized nor penalized and that all possible measures were taken to avoid their stigmatization and social marginalization. Finally, the Committee recommended that the State party complete the process to become a party to the 1993 Hague Convention on the Protection of Children and Cooperation with respect to Inter-Country Adoption.

Optional Protocol on the Involvement of Children in Armed Conflict

Kazakhstan

Among the positive aspects of the initial report of Kazakhstan, the Committee noted with appreciation the State party’s declaration made upon the ratification of the Optional Protocol that the minimum age for voluntary recruitment into the armed forces of Kazakhstan was 19 years. It also wished to welcome the ratification of ILO Convention No. 182, concerning the elimination of the worst forms of child labour, in 2003.

The Committee recommended that Kazakhstan explicitly prohibit by law the recruitment of children under the age of 15 into armed forces/groups and their direct participation in hostilities, and that it establish extraterritorial jurisdiction for those crimes when committed by or against a person who was a citizen of or had other links with Kazakhstan. The Committee was concerned at the lack of coordination of the activities for the implementation of the Optional Protocol, in particular in the area of rehabilitation and reintegration of children victims of armed conflict who had sought refuge in Kazakhstan. It recommended that the State party pay particular attention to such children by, inter alia, implementing a law on refugees in full compliance with international standards; providing children who had fled with or without their families amid conflict in Tajikistan, the Russian Federation (Chechnya), Afghanistan, and other countries, who had lived in Kazakhstan for more than a year with either refugee status or another status which would allow for social reintegration and provide them with equal access to social services; and providing affected children with multidisciplinary assistance for their physical and psychological recovery.

Malta

Following its technical review of the initial report of Malta on the implementation of the Optional Protocol, the Committee noted with appreciation that, although there was a Junior Leader Scheme under the Malta Armed Forces Act whereby persons under the age of 17 years and 6 months could potentially be recruited for training in a non-combatant position, no recruitment under the age of 18 years had taken place since 1970. It further welcomed the ratification by Malta of ILO Convention No. 182, on the elimination of the worst forms of child labour, in 2001; and of the Rome Statute of the International Criminal Court in 2002.

The Committee was concerned that there were no specific provisions in the State party’s legislation criminalizing the compulsory recruitment of a person under 18 or for any other violation of the provisions of the Optional Protocol. It recommended that Malta explicitly prohibit the recruitment of children under the age of 15 into armed forces/groups and their direct participation in hostilities, and that it establish extraterritorial jurisdiction for those crimes when committed by or against a person who was a citizen of or had other links with Malta. The Committee further recommended that Malta ensure that training activities on the Optional Protocol were provided to the armed forces.

Regarding asylum-seeking and migrant children, the Committee was concerned at the information that in practice some children and unaccompanied minors, including children coming from countries affected by armed conflict, were detained pending the finalization of their release. The Committee recommended, inter alia, that Malta identify at the earliest possible stage refugee, asylum-seeking and migrant children entering the country who might have been involved in armed conflicts and that it carefully examine the situation of those children, prohibit their detention in any case, and provide them with immediate, culturally sensitive and multidisciplinary assistance for their physical and psychological recovery and their social reintegration.

Viet Nam

Following its consideration of Viet Nam’s initial report, the Committee welcomed that under Vietnamese law only male citizens age 18 and over could be recruited in the military service. It further welcomed the ratification by the State party of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography in 2001, and of ILO Convention No. 182, on the prohibition the worst forms of child labour, in 2000.

The Committee was concerned that it was not clear whether Vietnamese law criminalized the recruitment or involving in hostilities of a person under 18 or allowed for the exercise of the courts’ jurisdiction if those acts were committed outside Viet Nam by or against a Vietnamese citizen. While welcoming the information that the State party had actively participated in the process leading towards the adoption of the Rome Statute establishing the International Criminal Court and that it agreed with its content, the Committee encouraged Viet Nam to become a party to the Rome Statute as soon as possible. It further recommended that Viet Nam ratify the Additional Protocol II to the Geneva Conventions relating to the protection of victims of non-international armed conflicts. Concerned that uncertainty about the age of the young recruits could still occur due to lack of birth registration in the past, the Committee recommended that Viet Nam ensure, in case of lack of a birth certificate, that the age of the recruit be determined by other reliable means, including medical examination. The Committee further recommended that Viet Nam provide in its next report more information on measures adopted with regard to physical and psychological recovery and social reintegration of victims of acts contrary to the Protocol.

Day of General Discussion on the Right of Children to Be Heard

On 15 September, the Committee devoted a Day of General Discussion to the theme “Speak, Participate and Decide – The Child’s Right to be Heard”, which was attended by over 200 participants from 45 countries, including some 30 children from different parts of the world who actively took part in the discussions.

Following the discussion, the Committee issued a series of recommendations on the right to be heard in which it: stressed that appropriate measures be undertaken to address discrimination of vulnerable or marginalized groups of children; noted the need to combat certain traditional and cultural attitudes which failed to recognize the right of the child to participate in society; urged States parties to pay special attention to the rights of the girl child; recommended that donors, international financial institutions and international organizations ensure that child participation be taken into account in development cooperation; recognized that a participatory family structure where the child could freely express views provided an important model to encourage child participation in the wider society, and that, furthermore, it played a preventive role in the protection against domestic violence and abuse; encouraged the active consultation of children in the development and evaluation of school curricula; and called on States parties to ensure that child participation was taken into account in resource allocation.

The Committee also: called for States parties to clearly designate which authority had the key responsibility in the implementation of children’s rights and to ensure that those entities established direct contact with child- and youth-led organizations; recommended that States parties actively involve children in the periodic review process of the Convention; recognized the essential role played by media in promoting awareness of the right of children to express their views; reminded States parties that the right of the child to be heard in judicial and administrative proceedings applied to all relevant settings without limitation; and remained committed to exploring means of furthering participation of children in the work of the Committee, and in particular encouraged more participation of children during pre-session country briefings with civil society representatives.

General Comment on Rights of Children with Disabilities

In a General Comment on the Rights of Children with Disabilities, the Committee noted that of an estimated 150 million children in the world with disabilities, more than 80 per cent lived in developing countries with little or no access to services, remained out of school and were completely illiterate. Children with disabilities were still experiencing serious difficulties and barriers to the full enjoyment of the rights enshrined in the Convention. Article 2 of the Convention required States parties to take appropriate measures to prevent all forms of discrimination, including discrimination on the ground of disability. The leading principle for the implementation of the Convention for children with disabilities should be article 23 provisions for the enjoyment of a full and decent life in conditions that ensured dignity, promoted self-reliance and facilitated active participation in the community.

National plans of action to implement the Convention in States parties had to include plans and strategies for children with disabilities, and data-gathering mechanisms that reflected the real situation of children with disabilities had to be set up. Resources allocated to children with disabilities should be sufficient to cover programmes for training professionals working with such children, education campaigns, financial support for families, assistive devices and related services. Furthermore, funding had to be ensured for other programmes for integrating children with disabilities into mainstream education, including renovating schools to render them physically accessible. A coordination body for children with disabilities or a national coordination system for persons with disabilities should be set up. In that regard, States parties should recognize the importance of international cooperation and technical assistance. They were also encouraged to support and cooperate with NGOs in the provision of services for children with disabilities and to ensure that they operated in full compliance with the provisions and principles of the Convention.

For use of the information media; not an official record

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