COMMITTEE ON RIGHTS OF THE CHILD CONCLUDES FIFTY-SECOND SESSION

The Committee on the Rights of the Child today concluded its fifty-second session, adopting its report and issuing its conclusions and recommendations on the situation of children in the Philippines, Mozambique, Bolivia, Pakistan and Qatar, whose reports on efforts to comply with the Convention on the Rights of the Child were considered during the session. The reports of Turkey and Poland on efforts to comply with the Optional Protocol to the Convention on the involvement of children in armed conflict, as well as reports by Poland and Yemen under the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, were also considered, and concluding observations issued on them.

In closing remarks, Yanghee Lee, the Committee Chairperson, said that during its fifty-second session, in addition to reviewing nine country reports, the Committee had held its first meeting with the Special Representative of the Secretary-General for Children and Armed Conflict. Much time had also been devoted to preparations for the celebration of the twentieth anniversary of the Convention, which would take place over two days on 8 and 9 October.

Lothar Friedrich Krappmann, the Committee Rapporteur, noted that, in the events marking the twentieth anniversary, States parties, United Nations bodies, non-governmental organizations and child rights activists would take part, including a large number of children. In connection with involving children in their work, at this session, the Committee had a meeting with children organized by the NGO group on the Convention on the Rights of the Child. In the centre of the meeting was a report on the role of children in the reporting process. The children overwhelmingly reported that they believed they were listened to, but also mentioned barriers that limited their involvement. The Committee reiterated its pledge of strong support to children’s involvement in their work, and the report would further strengthen that role.

The Committee's next session will be held from 11 to 29 January 2010 in Geneva, when it will meet in parallel chambers to consider 17 reports: the periodic reports of Burkina Faso, Cameroon, Ecuador, El Salvador, Norway, Mongolia, Paraguay and Tajikistan under the Convention; the initial reports of Ecuador, El Salvador, Estonia, Mongolia and Sierra Leone under the Optional Protocol on the sale of children, child prostitution and child pornography; and the initial reports of Ecuador, Israel, Liechtenstein, Mongolia and Sierra Leone under the Optional Protocol on the involvement of children in armed conflict.

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

The Philippines

Following its consideration of the third and fourth combined periodic report of the Philippines, the Committee welcomed a number of positive developments aimed at protecting and promoting the rights of children, including the enactment, in August 2009, of the Magna Carta of Women; the adoption, in 2006, of the Juvenile Justice and Welfare Act, which establishes a comprehensive juvenile justice and welfare system and creates the Juvenile Justice and Welfare Council under the Department of Justice; and the creation, in February 2006, of the Subcommittee on Children Affected by Armed Conflict and Displacement, mandated to promote child welfare focusing on armed conflict and displacement. The Committee further welcomed the ratification, in November 2007, of the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of death penalty and the ratification, on 15 April 2008, of the Convention on the Rights of Persons with Disabilities.

The Committee remains concerned at the lack of legislation with regard to the prohibition of corporal punishment, the prohibition of torture and the status of children born out of wedlock. It was also concerned at the lack of human and financial resources allocated to the national, regional and local bodies mandated to monitor and enforce children's rights, as well as insufficient resources to implement, monitor and evaluate the National Plan of Action for children’s development (Child 21) and for the Child Rights Center, which was functioning as an Ombudsman for Children. The Committee was especially concerned at reports that children were being acutely affected as families were removed from mining areas, indigenous people were being deprived of their ancestral lands and highly polluting technology was being utilized. It also reiterated its concern at discrimination faced by many children, in particular children living in poverty, children with disabilities, indigenous and minority children, including Muslim children living in Mindanao, migrant children, street children and children living in rural areas as well, as children living in conflict areas, as regarded their access to social and health services and education, as well as the de facto discrimination still affecting the girl child.

The Committee expressed deep concern at reported cases of extrajudicial killings, including of children, and that such killings had been committed by the Armed Forces, the National Police and death squads operating in Davao, as well as at the low number of prosecutions and the lack of results in bringing perpetrators to justice. The Committee urged the Philippines, inter alia, to thoroughly investigate all alleged cases of killings and bring the perpetrators to justice and that it provide the Commission on Human Rights of the Philippines with adequate financial resources in order for it to carry out its mandate and investigate reported cases. Other concerns included the 2.6 million unregistered children in the country, mostly Muslim and indigenous children living in Mindanao; the high number of reported cases of torture, inhuman and degrading treatment of children, particularly of children in detention; the high number of women and children trafficked from, through and within the country for purposes of sexual exploitation and labour and the low number of prosecutions and convictions of traffickers. The Committee urged the Philippines, inter alia, to expeditiously enact the Anti-Torture Bill in order to prohibit acts of torture and other cruel, inhuman or degrading treatment or punishment of children in all settings; that a strong and systematic monitoring mechanism to ascertain the number of victims of trafficking be established, as well as supporting programmes and information campaigns to prevent trafficking; and that the Government enact the Anti-Corporal Punishment Bill to explicitly prohibit by law corporal punishment in all settings, including in the home, schools, alternative childcare, places of work and places of detention.

Mozambique

Having reviewed the second periodic report of Mozambique, the Committee noted with appreciation the adoption of the Promotion and Protection Law on Child Rights (2008); the Jurisdictional Organization for Minors Law (2008); the Law against Human Trafficking (2008); the Family Law (2004); and the Code of Civil Registration (2004). It also welcomed the accession to or ratification by the Philippines of the Optional Protocol to the Convention on the involvement of children in armed conflict in 2004; and the Optional Protocol on the sale of children, child prostitution and child pornography in 2003; as well as ILO Conventions Nos. 138, concerning the Minimum Age for Admission to Employment, and 182, concerning the Elimination of the Worst Forms of Child Labour. The Committee also welcomed the adoption of the National Plan of Action for Children, 2006-2011; the establishment of the National Human Rights Commission in May 2009; and the establishment of Youth Health Services throughout the country.

The Committee was deeply concerned at the significant and persistent disparities among the different regions of Mozambique, resulting in the unequal enjoyment by children of their rights. The disparities were reflected in a range of demographic and social indicators including enrolment in and completion of education, infant mortality rates and access to health care and indicated persistent discrimination against girls, children with disabilities, children living in rural and remote areas and children from economically disadvantaged families. Noting that 53 per cent of the National Budget still came from development cooperation, the Committee recommended that, when negotiating development cooperation, Mozambique ensure it was targeted towards programmes that could deliver quick/high impact in implementing the rights of the child, such as comprehensive distribution of long-lasting, insecticide-treated nets; large-scale outreach health programmes; and campaigns for expansion of school construction in all districts.

The Committee expressed serious concern at reports of police officers illegally detaining children and subjecting them to torture and mistreatment, particularly in the market of Zimpeto in the capital. It was also concerned that corporal punishment remained lawful in the home and schools. Other concerns included very high rates of early marriage; the persistence of initiation rites which led to early and harmful sexual behaviours; the continued practice of sending children to work in order for families to settle financial debts and other obligations; the high prevalence of sexual abuse and harassment in schools which reportedly lead some girls to refuse to go to school; indications that former girl soldiers and other girls exploited as slave labour or abducted into sexual slavery in armed forces had often been excluded from programmes for reintegration of former soldiers; that no reliable data on child labour was available in Mozambique; and that child prostitution was increasing, especially in the Maputo, Beira and Nacala regions as well as in some rural areas. The Committee urged Mozambique, among others, to promptly adopt a comprehensive programme to prevent and combat the exploitation of child labour; to collect reliable disaggregated data on working children, including in the informal sector; to explicitly prohibit by law corporal punishment in the family, schools and institutions; to introduce public education, awareness-raising and social mobilization campaigns on the harmful effects of corporal punishment with a view to changing the general attitude towards that practice; to design strategies to prevent the occurrence of sexual violence in schools by organizing nationwide communications programmes on the impact of sexual violence in school and by strengthening the recruitment of female teachers; and to establish clear reporting systems of cases of violence in schools.

Bolivia

Following its examination of the fourth periodic report of Bolivia, the Committee welcomed a number of positive developments, including the adoption of the new Constitution in 2009, which included a chapter on child rights; the adoption of the law on DNA testing in criminal cases against children; the law for search and registration procedures for lost children; regulations concerning HIV and Breastfeeding; the enactment in law of the United Nations Declaration on the Rights of Indigenous Peoples; and the creation of the National Council for Childhood and Adolescence. The Committee further welcomed the ratification by Bolivia of the Convention for the Protection of All Persons from Enforced Disappearance in 2008 and the Optional Protocol to the Convention against Torture in 2006.

The Committee regretted that the draft National Plan of Action for Children had not yet been approved, and that it did not cover all the areas of the Convention or all children up to the age of 18. The Committee reiterated its concern about the low level of awareness of the Convention among professionals working with and for children, and recommended the reinforcement of systematic training of all professional categories working for and with children, including teachers, police, health personnel, personnel of childcare institutions and judicial facilities. The Committee also reiterated its concern at the low legal minimum age for contracting marriage, as well as the discrepancy between the minimum age for girls (14 years) and for boys (16 years). It was further concerned about the significant disparities in Bolivia in the implementation of the rights enshrined in the Convention, reflected in a range of social indicators such as enrolment in and completion of education, infant mortality rates and access to health care, indicating persistent discrimination against indigenous and afro-descendant children, girls, children with disabilities, children living in rural and remote areas and children from economically disadvantaged families. In that connection, it was a matter of concern that 70 per cent of the children in Bolivia lived in poverty, and that 45 per cent lived in extreme poverty. Further concerns there the lack of social housing and the negative impact of forced evictions on children, especially of indigenous and rural (campesino) families.

Also of concern to the Committee were reports of torture, cruel and inhuman treatment by the police, including sexual violence, of children in street situations, and reports of adolescents being harassed due to their physical appearance, ethnicity or poverty. In that regard, the Committee noted the institutional weakness of the Municipal Child Defence Offices when it came to taking preventive measures and providing psychosocial support to the families. It was also concerned about the high rate of domestic violence against children, which was often considered as an educative measure, and the high incidence of children subjected to physical and mental abuse. Other concerns included high levels of chronic malnutrition among children, in particular in rural areas and among indigenous populations; the persistence of economic exploitation of children, especially indigenous children; and Guarani children living in conditions of servitude or forced labour in the Chaco region, as well as children engaging in hazardous work in mining. The Committee recommended that Bolivia take urgent measures to address and monitor exploitative forms of child labour; that it develop awareness-raising campaigns to prevent and eliminate all forms of de facto discrimination against indigenous and afro-descendant children, girls and others; that it prioritize and target social services and family support at all levels; that it undertake a study to assess the situation of children placed in institutions; and that the Government set clear standards for existing institutions and ensure a comprehensive mechanism of periodic review of children placed in care.

Pakistan

Among progress achieved by Pakistan, noted in the examination of its combined third and fourth periodic report, the Committee expressed its appreciation at Pakistan’s ratification in 2006 of ILO Convention No. 138 concerning the Minimum Age for Admission to Employment. It also welcomed the adoption of the Protection of Women (Criminal Laws Amendment) Act, 2006, which criminalized violations of women and girls' human rights; the Criminal Law Amendment Act (2004), facilitating the prosecution and punishment of honour killings; the adoption of several programmes in the area of basic health and welfare, including the National Maternal, Newborn and Child Health Programme (2006-2012), the National Nutrition Programme and the expansion of the Lady Health Workers Programme; and the adoption of the Punjab Destitute and Neglected Children Act, 2004, enhancing child protection in that province.

The Committee remained concerned, however, about delays in the adoption of laws that were instrumental to the implementation of the Convention and, in particular, that the Charter of Child Rights Bill, which planned to incorporate all the principles and provisions of the Convention into domestic legislation, had not yet been adopted. It remained extremely concerned at the evidence of serious discrimination against women and girls in Pakistan, as attested by the acute gender differentials in infant mortality rates, school enrolment rates, and the continuous existence of early marriages and exchange of girls for debt settlement, domestic violence affecting women and girls, and other such situations including bonded labour and economic exploitation of girls. It was further deeply concerned at the violations of children’s right to life, survival and development as a result of the prevailing internal armed conflict, population displacements, poor health and sanitation facilities, severe malnutrition and related illnesses. Further, it remained deeply concerned at reports of torture and ill-treatment of children by police officers in detention facilities and other State institutions, as well as at the high percentage of women and girls in jails awaiting trials for adultery-related Hadood offences and at the imposition, by parallel judicial systems, of sentences like whipping, amputation and stoning amounting to torture or cruel, inhuman or degrading treatment. Furthermore, the Committee remained concerned at the persistence of inhumane customs and rituals threatening the life and causing extreme insecurity, health hazards and cruelty to girl children, such as burnings, acid attacks, mutilations, stripping, and sexual harassment. It was also gravely concerned at the impunity enjoyed by perpetrators of such acts.

The Committee was further concerned that corporal punishment was currently lawful under the Penal Code and extensively used as a disciplinary measure in home, schools, and alternative care settings. Furthermore, the Committee was deeply concerned at reports of violence, ill-treatment, corporal punishments, sexual abuses, and illegal detention within madrassahs and of madrassahs being used for military trainings, as well as instances of recruitment of children to participate in the armed conflict and terrorist activities. Other grave concerns included reports of forced underage recruitments and trainings of children by non-State actors, including for suicide attacks and the lack of physical and psychological recovery for children affected by armed conflict. The Committee recommended as a matter of urgency that Pakistan prevent and prohibit the recruitment of children and their use in armed actions and terrorist activities; that it provided physical and psychological recovery measures for all children affected by armed conflict; that it explicitly prohibit all forms of corporal punishment in all settings; that it set up an effective monitoring system in order to ensure that abuse of power by teachers or other professionals working with and for children did not take place; and that it introduce public education, awareness-raising and social mobilization campaigns on harmful effects of corporal punishment. The Committee also strongly recommended that concrete measures be taken to address and reduce the serious gender disparities and discrimination against women and girls, including by revising the cash transfer programmes so that they clearly spelled out conditionalities regarding school enrolment of girls, women attending pre-natal and post-natal clinics and others; and that it adopt affirmative actions to overcome deeply rooted traditions which prioritized boys’ education and support, and to encourage families to invest in girls’ education.

Qatar

Regarding the second periodic report of Qatar, the Committee welcomed the adoption of a number of legislative instruments undertaken with a view to implementing the Convention, such as the Permanent Constitution of the State of Qatar in 2004; the Labour Code of 2004, which contained articles on child labour; the Civil Code of 2004, which afforded protection to children; and Act No. 22 of 2005, prohibiting the recruitment, employment, training and participation of children in camel racing and prescribing penalties for infringing the Act. The Committee also noted with appreciation the ratification or accession to ILO Convention No. 138 concerning the Minimum Age for Admission to Employment in 2006; the Convention on the Rights of Persons with Disabilities in 2008; and the Convention on the Elimination of all Forms of Discrimination against Women in 2009. The Committee also noted with appreciation the establishment of the United Nations Human Rights Training and Documentation Centre for South-West Asia and the Arab region aimed at, among others, the sharing of information, best practices and strengthening the capacity of the State parties in the region in the field of human rights.

Among main subjects of concern were the frequent delays which obstructed the adoption of the Children’ Bill. Furthermore, the Committee was concerned at the fact that the provisions of the Convention had not been invoked or referred to directly in courts. The Committee was also concerned that children born out of wedlock did not have the full right to know and be cared for by their parents, and that no procedures were provided by law to fully guarantee that right; that corporal punishment of children was still lawful in the family and alternative care settings; and that responsibilities of the parents might not be equally shared in the upbringing of their children. The Committee was further concerned at the limited information available on a number of subjects, including informal forms of alternative care; the magnitude of domestic violence, including child abuse and neglect; child labour in the informal sector, for example, in small family businesses; and regarding sexual exploitation and harassment of children.

The Committee remained concerned that the children of migrant workers might not always have access to public schools. With regard to juvenile justice, the Committee reiterated its concern that the minimum age of criminal responsibility, still set at seven years, remained far too low. It was also concerned that the right of the child to be heard in criminal proceedings might not always be observed and that children between the ages of 16 and 18 might be treated as adults. Among recommendations, the Committee urged Qatar to continue to strengthen its mechanisms for data collection and to ensure that data were disaggregated by age and sex, urban and other areas, and by those groups of children who were in need of special protection; that Qatar provide relevant professional groups with targeted and regular training on the provisions and principles of the Convention; that Qatar take specific measures to make the Convention available to and known by all children in and out of school in Qatar; and that Qatar adopt a proactive and comprehensive strategy to eliminate de jure and de facto discrimination on any grounds and against all children, paying particular attention to girls, children with disabilities, children born out of wedlock and children of migrant workers.

Final Observations and Recommendations on Reports Presented Under the Optional Protocol on the Involvement of Children in Armed Conflict

Turkey

Following its review of the initial report of Turkey under the Optional Protocol on the involvement of children in armed conflict, the Committee noted as positive Turkey’s declaration upon ratification of the Protocol that even in cases of mobilization and states of emergency, individuals who were liable to military service could only be recruited at the age of 19.

The Committee was concerned, however, that training for the armed forces and the Police on the provisions of the Protocol might be inadequate and that administration of justice professionals did not receive training on the Protocol. It was further concerned that the Penal Code failed to specifically include the crimes covered in the Protocol. The Committee urged Turkey, among others, to revise its Penal Code to explicitly criminalize violations of the provisions of the Optional Protocol regarding the recruitment and involvement of children in hostilities and include a definition of direct participation in hostilities; that it consider establishing extraterritorial jurisdiction for those crimes; and that Turkey formally abrogate the National Defence Service Law according to which children above 15 years might be mobilized in states of emergency.

The Committee was seriously concerned that amendments to the Anti-Terrorist Act in 2006 allowed for the prosecution of children above 15 years as adults in “Special Heavy Penal Courts” and reports that the legislation was being applied to large numbers of children. It was particularly concerned that sanctions for children might include life imprisonment, and over reports indicating the application of the Act on grounds such as the presence or participation in demonstrations and public gatherings. The Committee recommended that Turkey amended the Anti-Terrorist Act to ensure that children were not tried as adults in “Special Heavy Penal Courts”. Furthermore, the Committee regretted that the measures to identify refugee and asylum-seeking children, who might have been recruited or used in hostilities, were insufficient and that reintegration and recovery measures for such children were inadequate. Turkey was encouraged to reinforce its identification mechanisms for such refugee and asylum-seeking children and to strengthen measures for their recovery and social reintegration. Such measures should include careful assessment of the situation of those children, reinforcement of the legal advisory services available for them and the provision of immediate, culturally responsive, child-sensitive and multidisciplinary assistance for their physical and psychological recovery and their social reintegration in accordance with the Protocol.

Poland

Regarding the initial report of Poland under the Optional Protocol, the Committee noted with appreciation the provision in Polish law according to which persons under the age of 18 would not be subject to compulsory recruitment. It also welcomed the ratification by Poland of the Optional Protocol on the sale of children, child prostitution and child pornography in February 2005.

The Committee was concerned, however, that awareness of the Optional Protocol among the general public remained low. It recommended, inter alia, that the Polish Government, in collaboration with civil society organizations, develop and implement training programmes and campaigns to promote the values of peace and respect for human rights, and that it strengthen its efforts to raise the awareness of the public with regard to the principles and provisions of the Optional Protocol.

The Committee was further concerned that there was no explicit legal prohibition of child recruitment and of the involvement of children in hostilities, as well as at the paucity of information on measures to identify children who might have been involved in armed conflict abroad. The Committee recommended that Poland establish an identification mechanism for children, including asylum-seeking and refugee children, who might have been involved in armed conflict abroad and that measures be taken to provide those children with appropriate assistance for their physical and psychological recovery and their social reintegration.

Final Observations and Recommendations on Reports Under the Optional Protocol to the Convention on the Sale of Children, Child Prostitution and Child Pornography

Poland

Among positive aspects in the initial report of Poland under the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, the Committee noted with appreciation the amendments to legislation, the Penal Code, the Code of Penal Proceedings and the Executive Penal Code, introducing new regulations concerning paedophilia and raising the penalties for such offences. It further noted with appreciation Poland’s ratification of the Optional Protocol to the Convention on the involvement of children in armed conflict in April 2005.

The Committee was, however, concerned at the lack of a systematic mechanism to collect data in all areas covered by the Optional Protocol, regretting in particular the lack of statistics on sex tourism. The Committee further regretted that there was no specific plan of action that comprehensively covered all of the areas addressed by the Optional Protocol and that it had not been sufficiently promoted and disseminated so that children, parents and professionals had adequate knowledge of strategies to better protect children against those violations. Among others, the Committee recommended that Poland involve civil society, including children’s organizations, fully in the various aspects of implementation of the Optional Protocol, including monitoring and evaluation and the provision of services aimed at protection and recovery of child victims. The Committee also regretted the lack of legislation specific to the sale of children and was concerned at the absence of a definition of “child prostitution” and of “sale of children” in the Penal Code, as well as at the lack of explicit protection in the Penal Code for children between the ages of 15 and 18 from child pornography or child prostitution.

Regarding protective measures in the justice system, the Committee noted with concern that the numbers of properly equipped child friendly interview rooms for victims and of personnel trained to carry out child interviews were not available in all areas of Poland, as well as the fact that that child-friendly interview rooms were not always used even where they did exist. The Committee was further concerned that judicial proceedings relating to trafficking cases were unduly long, lasting two years on average. Further, it remained concerned that the number of shelters remained inadequate and that temporary arrangements were frequently resorted to in order to provide medical, psychological, and legal assistance to victims. The Committee also noted with regret the lack of recovery and reintegration programmes for child victims of sexual exploitation and the absence of a comprehensive and systematic approach to addressing the full scope of that problem. The Committee encouraged Poland to undertake research on the outcome of preventive measures already taken, as well as on the nature and extent of sexual exploitation of children, including through child prostitution and child pornography, in order to identify children at risk and to address the root causes of the problem. It further urged Poland to take the necessary measures to reduce the trauma suffered by victims of offences under the Optional Protocol, including by shortening the length of judicial proceedings in cases related to offences under the Optional Protocol, while redirecting the focus to the full recovery and reintegration of child victims.

Yemen

Following a review of the initial report of Yemen under the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, the Committee welcomed the various measures, including the creation of the national networks on violence against children and for the welfare of children in conflict with the law, as well as their recent merger into a child protection network; the creation of a national committee against child smuggling; and Yemen’s accession to the Optional Protocol on the involvement of children in armed conflict in 2007.

The Committee was concerned that Yemen did not take adequate measures to fully implement its commitments under the Optional Protocol. There was a general lack of information on the incidence of crimes under the Optional Protocol, and the Committee was deeply concerned, in particular, about the extent of sale of children, particularly from impoverished communities with the consent of the victims’ parents. In that regard, the Committee was also concerned at the lack of comprehensive preventive measures to address those offences. The Committee was deeply concerned that the deterioration in economic and social conditions played a significant role in the increase of sexual exploitation of children, conducted especially under the guise of “tourist marriages” or “temporary marriages”. It was further concerned that criminal legislation currently in force did not prohibit the accepting of a child for the purpose of sexual exploitation, including practices such as “temporary marriages”.

Reiterating its previous concern at the high-prevalence and social acceptance of child labour, the Committee was also concerned that the engagement of a child in forced labour was not explicitly addressed in national law. It was furthermore concerned that offences under the Optional Protocol were not entirely or explicitly criminalized in national legislation, including illegal adoption, sexual exploitation, the offering of a child for the purpose of transfer of organs, the engagement of the child in forced labour, child pornography, as well as the production and dissemination of material advertising the offences described in the Optional Protocol. The Committee was deeply concerned that Yemen did not have specific legislation on child victim protection and, in particular, that there was no definition of the victim, while child victims were held responsible, tried and placed in detention. It was further concerned that boys and girls victims of child prostitution might be subject to punitive sanctions and stigmatization. The Committee was further concerned about the scarce availability of social reintegration and physical and psychosocial recovery measures for child victims and the shortage of centres offering rehabilitation and assistance for social reintegration to child victims. Among others, the Committee recommended that Yemen undertake research on the extent and trends of the commercial sexual exploitation of children under 18 years in Yemen, so as to have the necessary information to adopt effective and time-bound measures to identify and reach out to children at special risk. Yemen should also consider elaborating a National Plan of Action targeting the issues covered by the Optional Protocol, as well as the establishment of an independent national human rights institution empowered to receive, investigate and effectively address complaints of violations of child rights, including under the Optional Protocol.

For use of the information media; not an official record

CRC09035E