COMMITTEE ON RIGHTS OF CHILD CONCLUDES FORTY-SIXTH SESSION

The Committee on the Rights of the Child today concluded its forty-sixth session, issuing its concluding observations and recommendations on the situation of children in Venezuela, whose report on efforts to comply with the Convention on the Rights of the Child was considered during the session. The reports of Bulgaria, France and Spain on efforts to comply with the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, and the reports of Croatia, Lithuania, Luxembourg, Qatar, Bulgaria, France, Spain and Syria on the Optional Protocol to the Convention on the involvement of children in armed conflict, were also considered, and concluding observations issued on them.

At its closing meeting, Hilde Frafjord Johnson of the United Nations Children's Fund (UNICEF) officially handed over the third revised edition of the Implementation Handbook for the Convention on the Rights of the Child. Recalling the statement that "vision without action was a dream, but action without vision was a nightmare", she said that today they were getting improved tools for action. That was why the Handbook was so important. The Handbook provided guidance for action, because action without guidance could also become a nightmare. In the 10 years since the launch of the first Handbook, it had become an indispensable tool for children's rights experts around the world.

Also presenting the Handbook, Marta Santos Pais, Director of UNICEF's Innocenti Research Center, said the Handbook captured a unique process of social change since the entry into force of the Convention on the Rights of the Child and now the two Optional Protocols. It provided solid information on how legislation and policies were put into practice. It was also a mirror of both the progress and challenges facing children today. The Handbook was a reflection of the progress made in the Committee on the Rights of the Child since 2002, including the nine General Comments it had published since then, and drew on the thematic discussions promoted by the Committee, including on violence against children. Finally, the Handbook captured the jurisprudence of the Committee, taking an article-by-article analysis of all of its concluding observations and decisions.

In concluding remarks on the work of the forty-sixth session, Committee Chairperson Yanghee Lee summed up the work of the session and then made a number of announcements. The theme for next year's Day of General Discussion would be "Children's right to education in emergency situations"; the next follow-up workshop to the concluding observations of the Committee would take place in Burkina Faso for the African francophone countries; and there had also been a change in the composition of the Bureau: one of the Vice-Chairs, Mr. Pollar, had stepped down, and Ms. Aidoo would replace him.

During this session, on 21 September, the Committee had held a Day of General Discussion on the theme of resources for the rights of the child – responsibility of States, focusing on investments for the implementation of economic, social and cultural rights of children and international cooperation. Representatives of all relevant stakeholders, including Governments, United Nations bodies, non-governmental organizations, national human rights institutions, and children – via a videotaped message from Peru – all took part. Based on the findings and recommendations of the day of deliberations, the Committee adopted a set of recommendations, which will be available next week, and those recommendations will later be the subject of a General Comment.

Also at this session, the Committee adopted Revised Guidelines for Initial Reports Submitted by States Parties Under the Optional Protocol on the Involvement of Children in Armed Conflict, updating its 2001 Guidelines. The Revised Guidelines set out in detail the kind of information and data the Committee considers necessary to assess and evaluate progress made by State parties in implementing their obligations in five areas: general measures of implementation; prevention; prohibition and related matters; protection, recovery and reintegration of child victims; international assistance and cooperation; and other legal provisions (related to the Protocol).

The Committee's next session will be held from 14 January to 1 February 2008 at the Palais Wilson in Geneva. Scheduled for consideration are the reports of Georgia, Timor-Leste, Bhutan and the Dominican Republic under the Convention. Under the Optional Protocol on the sale of children, child prostitution and child pornography, Timor-Leste, Kuwait and Chile will present reports. On the Optional Protocol on the involvement of children in armed conflict, the reports of Timor-Leste, Germany, Ireland, Kuwait and Chile are scheduled to be examined.

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

Venezuela

Among follow-up measures and progress achieved in the second periodic report of Venezuela, the Committee noted with appreciation the adoption of many measures taken with a view to implementing the Convention, including Constitutional articles recognizing children as subjects of rights; the Child and Adolescent Protection Act (2000); the Special Computer Crime Law (2001); the Law for the Protection of Children and Adolescents in Places for Internet, Videogame and other Multimedia use (2006); and the Organic Law for Handicapped People or Persons with Special Needs (2007). The Committee also wished to welcome Venezuela's ratification of or accession to the Rome Statute of the International Criminal Court in 2000; the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography in 2002; the Optional Protocol on the involvement of children in armed conflict in 2003; the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime in 2002; and ILO Convention No. 182 concerning the Elimination of the Worst Forms of Child Labour in 2005.

While the Committee welcomed the adoption of the Child and Adolescent Protection Act in 2000 and the establishment of the National Council for the Rights of Children and Adolescents, it was seriously concerned that the current reform of the Child Protection Act might eventually be incompatible with the principles and provisions of the Convention and could ultimately weaken the system of protection through its increased centralization. The Committee also regretted the lack of an adequate coordination mechanism to enable the effective linkages of its various institutions at the different levels. The Committee was deeply concerned at reports of extrajudicial killings of children at the hands of the law enforcement officials and deaths of children in police custody. It recommended that Venezuela ensure that all such cases were immediately investigated by an independent body and that those responsible were held accountable. The Committee was further concerned about allegations of ill-treatment and of reported sub-standard conditions of prisons throughout the country, as well as reports of children dying in custody. The Committee was also concerned that corporal punishment was still lawful, and that there was an underreporting of abuse and ill-treatment of children. It urged Venezuela to adopt and implement new laws explicitly prohibiting corporal punishment in all settings, including in the home, and to conduct awareness-raising and public education campaigns against corporal punishment and that it promote non-violent, participatory methods of childrearing and education.

In the educational sphere, despite progress with regard to children’s enrolment and expanded provisions for disadvantaged children, the Committee remained concerned that enrolment rates were still not satisfactory, in particular in pre-school and secondary schools; that the dropout rate was high after the first grade and in upper grades; that enrolment rates of indigenous, afro-descendants and children living in rural areas were low; that refugee and asylum-seeking children were hindered from continuing their education through bureaucratic obstacles; and that the quality of education was unsatisfactory. The Committee noted that the system of juvenile justice was not fully in compliance with the Convention and international standards. In particular, it had not been clearly demonstrated that specialized justice was offered to children or that they are were systematically separated from adults in prisons. Among the Committee's recommendations were that Venezuela adopt a permanent policy of alternative sanctions for juvenile offenders; and that it continue to ensure that children were held in detention only as a last resort and for as short a time as possible.

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

Bulgaria

Following its review of the initial report of Bulgaria on the Optional Protocol on the sale of children, child prostitution and child pornography, the Committee noted with appreciation the amendments made to the Penal Code in 2002 and the adoption of the Combating of Trafficking of Persons Act in 2003. It further noted with appreciation Bulgaria’s ratification of, among others, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime in 2001; ILO Convention No. 182 concerning the Elimination of the Worst Forms of Child Labour in 2000; and the Council of Europe Convention on Cybercrime in 2005.

Concerned that targeted preventive measures against exploitation of children, including prostitution, pornography and engagement of the child in forced labour, remained limited, the Committee encouraged Bulgaria, among other things, to adopt specific legislation on the obligations of Internet service providers in relation to child pornography on the Internet; and that it undertake research on the effects of the previous actions taken and on the nature and extent of exploitation of children, including prostitution and pornography, to identify children at risk and the extent of the problem. The Committee was deeply concerned about the difficult situation of groups of children, such as Roma children, street children and children with disabilities, who were particularly vulnerable to all forms of exploitation. It recommended that Bulgaria implement targeted programmes for the prevention of violations of the rights of particularly vulnerable children, with special attention to their education and health care. It also remained concerned that illegal and exploitative practices continued to exist in Bulgaria in the area of adoption, especially concerning inter-country adoption, and recommended that urgent measures, including anti-corruption measures, be taken.

Noting with appreciation the reform of the Criminal Procedure Code of 2005, which established the new status of the victim, in particular the child victim, the Committee remained concerned that Bulgaria did not have a separate specialized judiciary unit which could deal with child victims of crimes related to the Protocol. Furthermore, it regretted that professionals were not sufficiently trained, at the lack of child-psychiatrists, and at the lack of information on concrete programmes of rehabilitation for the child victim and data on financial compensation to victims. The Committee recommended, inter alia, that Bulgaria establish a separate specialized juvenile judiciary unit dealing with child victims, in conformity with international standards.

France

Among positive aspects in the initial report of France, the Committee welcomed the adoption of numerous laws and regulations related to the Optional Protocol including: Act No. 2004-1 on the care and protection of children establishing the National Monitoring Centre for At-risk Children; Act No. 2004-575, revising certain provisions of the Penal Code related to child pornography; Act No. 2005-744 reforming adoption and establishing the French Adoption Agency; Act No. 2006-399, transposing the European Council Framework Decision 2004/68/JAI on combating sexual exploitation of children and child pornography; Act No. 2007-291 related to interviewing child victims of sexual offences; and Act No. 2007-293 related to the reform of child protection. The Committee noted with appreciation France's ratification of international and regional instruments related to the Protocol, including ILO Convention No. 182 concerning the Elimination of the Worst Forms of Child Labour, in 2001; and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, in October 2002.

The Committee was concerned at the scarcity of both data and information on research in France's report on the areas covered by the Protocol. It was also concerned at the lack of a specific body mandated with the coordination and evaluation of the implementation of the Protocol. In addition, the Committee regretted the lack of a systematic and comprehensive strategy to target the problem of child pornography. The Committee recommended that France implement concrete measures based on the recommendations in the report entitled Children of the Internet –II: Child Pornography and Pedophilia on the Internet, published in 2005 (CNCDH 2005); develop a comprehensive programme to combat child pornography and to address the risks associated with the Internet, which would include information and training for relevant partners, namely children; and implement campaigns and specialized educational programmes to address the issue of demand for children for purposes of sexual exploitation as observed in the increase in the circulation of images portraying children.

The Committee was deeply concerned at the situation facing unaccompanied children placed in the waiting zones of French airports and that the decision of placement could not be challenged, that the legal requirement of the appointment of an ad hoc administrator was not systematically applied and that there was no psychological assistance available for these children who were particularly vulnerable to exploitation. The Committee was also concerned that children were often returned, without a proper assessment of the conditions, to countries where they faced the risk of exploitation. Among other things, the Committee urged France to allow the decision of placement in the waiting zones to be challenged, and to ensure the availability of adequate psychological assistance to unaccompanied children.

Spain

Having considered the initial report of Spain, the Committee noted with appreciation the amendments to the Criminal Code in 2004, which included provisions on the prohibition of child pornography; and the adoption of a National Plan of Action against Commercial Sexual Exploitation of Children 2001-2005, as well as the decision to extend it by adopting a second National Plan of Action for 2006-2009. The Committee further commended Spain's accession to or ratification of ILO Convention No. 182 concerning the Elimination of the Worst Forms of Child Labour in 2001; the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime in 2002; and the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, also in 2002.

The Committee was particularly concerned that non-discrimination against foreign unaccompanied children who had been victims of trafficking was not given due consideration. It was also concerned that the rising incidence of commercial sexual exploitation of children indicated the need for further awareness-raising for prevention purposes and adequate training of professionals. Regretting that documentation and research were lacking on the root causes, nature and extent of sexual exploitation of children, including prostitution and pornography in Spain, the Committee recommended that the State party allocate earmarked budget resources for preventive measures and that these be carried out in collaboration with international organizations, non-governmental organizations and civil society organizations. Furthermore, the Committee encouraged Spain to carry out further documentation and gender-sensitive research on the nature and extent of commercial sexual exploitation of children, including prostitution and pornography, in order to identify the root causes, the extent of the problems and prevention measures.

The Committee was concerned at the relatively low age of sexual consent at 13 years which might make children more vulnerable to sexual exploitation, and recommended that Spain consider raising the age of sexual consent. It was further concerned that insufficient resources were dedicated to investigations of child prostitution and the sale of children, with crimes under the Optional Protocol undetected and victims unidentified. The Committee furthermore regretted that interdisciplinary social reintegration and physical and psychosocial recovery measures for child victims were inadequate. Among other things, the Committee recommended that Spain take all necessary measures to ensure that child victims and witnesses of any of the crimes under the Protocol were protected at all stages of the criminal justice process; that it allocate adequate financial and human resources to the competent authorities in order to improve the legal representation for child victims; and that it provide support for a free telephone help line accessible to children.

Optional Protocol on the Involvement of Children in Armed Conflict

Croatia

Having completed its consideration of the initial report of Croatia, the Committee welcomed Croatia's declaration made upon the ratification of the Optional Protocol that Croatian legislation, and notably the Defence Law enacted in 2002, that prevented persons under 18 years of age from joining the Armed Forces of Croatia in all circumstances (e.g., state of emergency). It also reiterated its appreciation for the ratification by Croatia of the Optional Protocol on the sale of children, child prostitution and child pornography in 2002; ILO Convention No. 182 concerning the Elimination of the Worst Forms of Child Labour in 2001; and the Rome Statute of the International Criminal Court in 2001.

The Committee was concerned that some of the provisions of the Protocol, and notably the criminalization of the acts prohibited therein, needed specific provisions in Croatian criminal legislation in order to be effectively applicable, and that, while the Penal Code established that recruitment of children under the age of 18 for use in hostilities in the national Armed Forces was punishable by imprisonment, that provision was limited to the occurrence of those acts in times of war or conflict, and did not apply to peace time. The Committee recommended that Croatia ensure that the violation of the provisions of the Optional Protocol regarding the recruitment and involvement of children in hostilities be explicitly criminalized in its legislation; that it establish extraterritorial jurisdiction for those crimes when they were committed by or against a person who was a citizen of or had other links with Croatia; and that Croatia ensure that military codes, manuals and other military directives were in accordance with the provisions and the spirit of the Optional Protocol. The Committee also recommended that Croatia strengthen its efforts in human rights education and, in particular, peace education in the curricula of all schools.

Lithuania

Among positive aspects in the initial report of Lithuania, the Committee noted with appreciation the declaration made upon its ratification of the Optional Protocol, that under Lithuanian law citizens under the age of 18 years may not serve in the national armed forces, and that the minimum age for voluntary recruitment into the active military service is 18 years and for enlisting into the mandatory military service 19 years. It also appreciated the inclusion in the Lithuanian Criminal Code of concrete provisions criminalizing the recruitment of children or their use in hostilities and imposing severe penalties, as well as provision of criminal liability for conscripting or enlisting children under the age of 18 into armed forces as crimes subject to extraterritorial jurisdiction. Furthermore, the Committee reiterated its appreciation for the ratification of or accession to a number of international human rights instruments, in particular the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, in 2004; the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, in 2003; and ILO Convention No. 182 concerning the Elimination of the Worst Forms of Child Labour, in 2003.

The Committee noted that no compulsory active military service was required before the age of 19, but that registration of Lithuanian male citizens to enter military service started at the age of 16, and that children between the ages of 12 and 18 could receive military training through the Riflemen’s Union. The Committee was thus concerned about the fact that Lithuania could engage children under 18 in military activities. It recommended that Lithuania ensure that the principles and provisions of the Protocol were widely disseminated to the general public and State officials, and that Lithuania develop systematic awareness-raising, education and training programmes on the provisions of the Optional Protocol addressed to all relevant groups working with children, notably professionals working with asylum-seeking, refugee and migrant children entering Lithuania from countries affected by armed conflict. It further recommended that Lithuania establish adequate programmes and activities with a view of creating an environment of tolerance, peace and understanding, and encouraged Lithuania to strengthen its efforts to introduce human rights education and, in particular, peace education in the curricula of all schools.

Luxembourg

Following its review of the initial report of Luxembourg, the Committee welcomed that compulsory recruitment for military service had been abolished in Luxembourg in 1967; that a ministerial directive instructed the Armed Forces Chief of Staff to select only candidates who were at least 18 years old for voluntary participation to peacekeeping missions; and that a draft revised military act currently before the legislature would raise the minimum age of voluntary enlistment in the army to 18 years. The Committee reiterated its appreciation for the ratification by the State party of ILO Convention No. 182 concerning the Elimination of the Worst Forms of Child Labour in 2001 and of the Rome Statute of the International Criminal Court in 2000.

In order to strengthen international measures for the prevention of the recruitment of children and their use in hostilities, the Committee recommended that Luxembourg ensure that the violation of the provisions of the Optional Protocol regarding the recruitment and involvement of children in hostilities be explicitly criminalized in its legislation; that it establish extraterritorial jurisdiction for those crimes when they were committed by or against a person who was a citizen of or had other links with Luxembourg; and that Luxembourg ensure that military codes, manuals and other military directives were in accordance with the provisions and the spirit of the Optional Protocol. The Committee encouraged Luxembourg to make the principles and provisions of the Protocol widely known and promoted by appropriate means to adults and children alike, and further recommended that it develop systematic awareness-raising education and training on the provisions of the Optional Protocol for all relevant professional groups, including those working with asylum-seeking, refugee and migrant children coming from countries affected by armed conflict. The Committee recommended that Luxembourg continue systematically identifying at the earliest possible stage refugee, asylum-seeking and migrant children entering the country who might have been recruited or used in hostilities abroad contrary to the Protocol and providing them with immediate, culturally sensitive and multidisciplinary assistance for their physical and psychological recovery and their social reintegration.

Bulgaria

With reference to the initial report of Bulgaria, the Committee noted with appreciation the direct application and precedence of the Optional Protocol over domestic legislation and the efforts undertaken in order to bring domestic legislation in conformity with the Protocol. The Committee further commended Bulgaria’s ratification of the Rome Statute of the International Criminal Court on 11 April 2002; and of ILO Convention No. 182 concerning the Elimination of the Worst Forms of Child Labour on 28 July 2000.

The Committee was concerned that there was no specific provision criminalizing the recruitment and involvement of children in hostilities nor a specific provision providing extraterritorial jurisdiction in case of recruitment of a child of Bulgarian nationality outside the country or recruitment of children abroad by a Bulgarian citizen, or a person that had other links with the State party, outside Bulgaria. The Committee recommended that Bulgaria consider introducing a specific prohibition with respect to the sale of arms when the final destination was a country where children were known to be – or might potentially be –recruited or used in hostilities. The Committee noted the information provided that there had been no cases of children who had been recruited or used in hostilities seeking asylum. However, given the geographic proximity of Bulgaria to regions experiencing armed conflict, the Committee regretted that no measures with regard to the physical and psychological recovery and social reintegration of such children were available. It therefore encouraged Bulgaria to provide protection for asylum-seeking, refugee and migrant children living in Bulgaria who might have been recruited or used in hostilities abroad, by, inter alia, continuing to systematically collect data on refugee, asylum-seeking and migrant children and identifying at the earliest possible stage those who might have been recruited or used in hostilities; carefully assessing the situation of those children and providing them with immediate, culturally sensitive and multidisciplinary assistance for their social reintegration.

France

Having considered the initial report of France, the Committee welcomed France's active international involvement to address the issue of children in armed conflict, including the technical assistance provided to the Special Representative of the Secretary-General for Children and Armed Conflict; the financial support to non-governmental-organizations involved in the implementation of the Protocol; and France’s active involvement as the Chair of the Working Group of the Security Council on Children in Armed Conflict, since its establishment in November 2005.

In order to strengthen international measures for the prevention of the recruitment of children and their use in hostilities, the Committee recommended that France ensure that the violation of the provisions of the Optional Protocol regarding the recruitment and involvement of children in hostilities be explicitly criminalized in its domestic legislation; and that extraterritorial jurisdiction be established for those crimes when committed by or against a person who was a citizen or had other links with France. It also encouraged France to raise the minimum age for recruitment into the armed forces and Foreign Legion (from 17) to 18, and to provide by law for a special status, different from that of the military, for children 16 to 18 years old enrolled in military schools and in the Foreign Legion. The Committee regretted the lack of information regarding measures adopted for the identification and the physical and psychological recovery and the social reintegration of unaccompanied asylum-seeking, refugee and migrant children coming to France who were involved in hostilities abroad. Among recommendations for the protection of such children, France should systematically collect data on refugee, asylum-seeking and migrant children entering the country and identify at the earliest possible stage those who may have been recruited or used in hostilities; carefully assess the situation of those children and provide them with immediate, culturally and child sensitive and multidisciplinary assistance for their physical and psychological recovery and their social reintegration; and take all necessary measures to ensure that the best interests of the child was taken into consideration if he/she had to be removed from the host country.

Spain

With respect to the initial report of Spain, the Committee noted with appreciation the declaration made by Spain upon its ratification of the Optional Protocol that the minimum age for voluntary recruitment into the armed forces was 18 years; Spain's affirmation that international human rights treaties formed part of domestic legislation and could be enforced by national courts; Spain's contributions to projects for the rehabilitation and reintegration of child soldiers in several countries experiencing conflict or in post-conflict situations; Spain's support for the mandate of the Special Representative of the Secretary-General for Children and Armed Conflict; and Spain's efforts to promote the Guidelines on children and armed conflict adopted by the European Union’s General Affairs and the External Relations Council in December 2003, and updated in 2005.

The Committee noted that crimes under the Optional Protocol were indirectly covered in Spain's Criminal Code, and was concerned that there were no specific provisions criminalizing the compulsory recruitment of a person under 18 years. Among the Committee's related recommendations were that Spain should strengthen extraterritorial jurisdiction for such crimes when they were committed by or against a person who was a citizen or had other links with Spain. The Committee was also concerned that identification of children who might have been recruited or used in hostilities prior to arrival in Spain was inadequate and that data on those children were not systematically collected. The failure to identify such children could result in a breach of the principle of non-refoulement. Furthermore, the Committee regretted that asylum-seeking children who had been recruited or used in armed conflict were poorly informed about the asylum process, and had scarce access to specialized professionals who could provide multidisciplinary assistance for their physical and psychological recovery and their social reintegration. The Committee recommended a number of measures, including that Spain pay particular attention to refugee and asylum-seeking children who might have been involved in hostilities in their country of origin, and that it increase the number of professionals in order to provide children with adequate multidisciplinary assistance for their physical and psychological recovery and their social reintegration; and that Spain improve access to information, including help lines, for asylum-seeking children and that it reinforce the legal advisory services available to them, including within the office of the ombudsman.

Syria

After examining the initial report of Syria, the Committee noted with appreciation Syria’s declaration made upon its ratification of the Optional Protocol that the statutes in force and the legislation applicable to the Ministry of Defence did not permit any person under 18 years of age to join the active armed forces or the reserve bodies or formations and did not permit the enlistment of any person under that age, and that no derogation was permitted, even under exceptional circumstances; and Syria's confirmation, in its report, that military education was removed as a subject from the curricula taught at all schools and at all stages of education up to university level. The Committee also reiterated its appreciation of Syria's ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (2005); the Convention against Torture (2004); and ILO Convention No. 182 concerning the Elimination of the Worst Forms of Child labour (2003). The Committee also noted with appreciation Syria's collaboration with international organizations such as the United Nations Children's Fund, the United Nations Refugee Agency and the Red Cross, on studies and activities carried out in the area of child protection.

Among factors and difficulties impeding the implementation of the Protocol, the Committee was concerned at the absence of information on the implementation of the Protocol in the occupied Syrian Golan, due in part to the absence of humanitarian agencies working in the area. Among main areas of concern, was the lack of specific provisions in Syrian legislation criminalizing the compulsory recruitment of a person under 18 or any other violation of the provisions of the Optional Protocol. The Committee recommended, among other things, that Syria explicitly prohibit by law the violation of the provisions of the Optional Protocol regarding the recruitment and involvement of children in hostilities; provide explicitly for extraterritorial jurisdiction over acts contrary to the Protocol; and that it ratify the Statute of the International Criminal Court. The Committee also recommended that Syria strengthen its efforts to include peace education in school curricula and to encourage a culture of peace and tolerance within schools, and develop training for teachers on the inclusion of peace education in the educational system. The Committee noted that efforts had been undertaken, in collaboration with civil society and international organizations, to assist the physical and psychological recovery and social reintegration of refugee and asylum-seeking children. It was concerned, however, that the mass influx of refugees from countries involved in armed conflict created difficulties in the identification of children who might have been recruited or used in hostilities contrary to the Protocol. Among recommendations in that regard, Syria should consider ways to improve the legal protection of the children concerned, including through refugee status determination where such status was being sought; undertake periodic evaluations of existing physical and psychological recovery and reintegration programmes and services; and take all necessary measures to ensure that the return of a child to its country of origin should only be arranged when it was in the best interests of the child.

Revised Guidelines for Initial Reports under the Optional Protocol on Involvement of Children in Armed Conflict

The Revised Guidelines Regarding Initial Reports to Be Submitted by States Parties Under the Optional Protocol on the Involvement of Children in Armed Conflict, updating the Committee's 2001 Guidelines, were elaborated in order to assist the States to better understand the kind of information and data the Committee considered necessary to assess and evaluate the progress made in implementing their obligations. Section I referred to general measures of implementation relevant to the Protocol, including information on the Protocol's legal status in the internal law of the State party; and information on the governmental bodies having primary responsibility for its implementation. Section II, concerned prevention, and asked for information to be provided in areas such as the minimum age of entry into schools operated by or under the control of the armed forces; details of measures taken to prevent recruitment of children by armed forces distinct from the State; efforts undertaken to include peace education in the school curricula; and methods used to identify children who were especially vulnerable to practices contrary to the Optional Protocol. Section III, on prohibition (i.e. criminalization) and related matters, called for details to be provided on the exact provisions covering and defining the prohibited acts enumerated in the Protocol, including the definition of the compulsory recruitment and use of children in hostilities and what constituted direct participation; the maximum and minimum penalties that could be imposed for each of these offences; and available data or information concerning the number of prosecutions and convictions for such offences. Section IV, regarding protection of child victims, called for information on measures taken to ensure legal, psychological or other training for those who worked with victims of offences under the Protocol; and information on existing remedies and reparations that might be sought by child victims of recruitment. Section V, "International assistance and cooperation", requested information to be provided, among other things, as to whether national legislation prohibited the trade and export of small and lights arms, as well as military assistance, to countries where children were involved in armed conflict. The final section, section VI, concerned other relevant provisions of national or international law, such as the status of ratification by the State party of the main international instruments of humanitarian law which relate to the recruitment of use of children in hostilities.

Committee Membership

The Committee is made up of 18 Experts of high moral standing and recognized competence in the field of children's rights. The following members, nominated by the States parties to serve in their personal capacity, have been elected or re-elected to the Committee: Agnes Akosua Aidoo (Ghana); Alya Ahmed Bin Saif Al-Thani (Qatar); Joyce Aluoch (Kenya); Luigi Citarella (Italy); Kamel Filali (Algeria); Maria Herczog (Hungary); Moushira Khattab (Egypt); Hatem Kotrane (Tunisia); Lothar Friedrich Krappmann (Germany); Yanghee Lee (Republic of Korea); Rosa María Ortiz (Paraguay); David Brent Parfitt (Canada); Awich Pollar (Uganda); Dainius Puras (Lithuania); Kamal Siddiqui (Bangladesh); Lucy Smith (Norway); Nevena Vuckovic-Sahovic (Serbia); Jean Zermatten (Switzerland).

Ms. Lee is the Chairperson of the Committee; Mr. Filali, Ms. Ortiz, Ms. Aidoo and Mr. Zermatten are Vice-Chairpersons; and Mr. Krappmann is the Rapporteur.



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