COMMITTEE ON RIGHTS OF THE CHILD CONCLUDES FIFTY-THIRD SESSION

The Committee on the Rights of the Child today concluded its three-week fifty-third session, adopting its report and issuing its concluding observations and recommendations on 16 reports, from 11 countries, which it considered in parallel chambers over the course of the session. The Committee is meeting in parallel chambers during all three of its 2010 sessions in order to catch up on the backlog in its work.

In closing remarks, Yanghee Lee, the Committee Chairperson, noted that, during its fifty-third session, Committee members had considered eight periodic reports under the Convention – by Mongolia, Paraguay, Burkina Faso, Cameroon, Tajikistan, Ecuador, El Salvador and Norway – four initial reports under the Optional Protocol on the involvement of children in armed conflict – from Mongolia, Israel, Ecuador and Liechtenstein – and four initial reports under the Optional Protocol on the sale of children – by Mongolia, Estonia, Ecuador and El Salvador. In addition to consideration of reports and adoption of concluding observations on them, the Committee had adopted the final report on the event to commemorate the twentieth anniversary of the Convention on the Rights of the Child, which had been held on 8 and 9 October 2009 in Geneva. At the current session, a number of the members of the Committee had also met for a weekend session with members of the Committee on the Elimination of Discrimination against Women, as part of an initiative to improve exchange between the two Committees, and had held a discussion focusing on the area of harmful traditional practices.

Lothar Friedrich Krappmann, the Committee Rapporteur, speaking on other activities of Committee Members during the fifty-third session, noted that working in two chambers had meant most of the Committee’s activities had been devoted to review of reports. However, members of the Committee had held a meeting with the National Catholic Child Bureau at this session and, prior to the session, some members had participated in an initiative held in Dublin of all treaty bodies to clarify fundamentals for treaty body reform. Some aspects of that latter discussion would be discussed in a retreat to be held by Committee members following this session, where they would discuss ways of improving the Committee’s working methods.

Also at this session, in view of the tragic earthquake in Haiti, the Committee adopted a statement on special protection measures needed for Haiti’s children, urging “all those involved to pay special attention to children in their relief as well as reconstruction efforts”. It was also highlighted that the special needs and rights of children should be taken into account during food distribution: “to ensure that the food reaches those most in need, and not just those who are best placed to receive it – who are usually adults”. The Committee also stressed the need to immediately adopt effective systems and measures to protect children from all forms of violence and exploitation, including sexual abuse and abductions masquerading as adoptions.

The Committee's next session will be held from 25 May to 11 June 2010 in Geneva, when it will consider 18 reports: the periodic reports of Argentina, Belgium, Grenada, Guatemala, Japan, Nigeria, the former Yugoslav Republic of Macedonia and Tunisia under the Convention; the initial reports of Belgium, Colombia, the former Yugoslav Republic of Macedonia, Japan and Serbia under the Optional Protocol on the sale of children, child prostitution and child pornography; and the initial reports of Argentina, Colombia, Japan, Serbia and the former Yugoslav Republic of Macedonia.

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

Mongolia

Following consideration of the combined third and fourth periodic report of Mongolia, the Committee welcomed the adoption of many legislative and other measures taken with a view to implementing the Convention, including the Law on Prevention of HIV/AIDS and the Law on Monetary Assistance to the Child and Family. It also noted with appreciation Mongolia’s accession to the Convention on the Rights of Persons with Disabilities (2009) and its signature of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, as well as the fact that several concerns and recommendations made upon the consideration of Mongolia’s second periodic report had been addressed.

The Committee was concerned, however, that some legislative provisions were not in full conformity with the principles and provisions of the Convention, and that implementation of new legislation was slow. While noting the National Action Plan for Child Protection and Development for the period 2002-2010, the Committee regretted the lack of information regarding its implementation, its monitoring and evaluation mechanisms, as well as whether a subsequent national plan on the rights of children existed after 2007. The Committee was further concerned that economic crises and inflation, as well as corruption, had had a negative impact on sustainable investment in children’s rights and that the risk of regression and lack of resources for the enjoyment of basic children’s rights persisted. Also noted with concern were the regional as well rural and urban disparities in a country with a vast territory and the difficult access to existing support programmes for severely disadvantaged families and children. The Committee was further concerned about the inequalities existing among the population in the Western region, and the situation of the Kazak minority, and other minorities. With regard to education, the Committee was concerned about the serious underrepresentation of boys, due to a high dropout rate; the persistence of corporal punishment or psychological pressure in educational institutions; limited access to educational services, especially at preschool levels, in particular for children from herder families, children of families that migrated to the capital city, and children from informal mining communities.

For children deprived of a family environment, the Committee was concerned about the lack of systematic supervision and oversight in care institutions, the absence of placement review or case-management services when children were sent to care institutions, and the lack of a systematic national child welfare arrangement that could provide alternatives to institutionalization. Among others, the Committee recommended that Mongolia develop programmes and policies focusing on the prevention of placement of children in residential care centres, including by providing support and guidance to the most vulnerable families and conducting awareness-raising campaigns. Mongolia was also encouraged to develop and implement a comprehensive legislative act on the rights of the child, and to develop, adopt and implement, in consultation and cooperation with all relevant partners including civil society, a new National Action Plan on children to cover the period after 2010. The Committee further recommended that Mongolia increase resources for children including under the Human Development Fund governing resources from extractive activities; and that it protect the children’s budget as a part of the national budget (education, health, prevention of violence, recreation) from any external, internal economic shock or natural disasters. The Committee also urged Mongolia to ensure that cases of discrimination against children in all sectors of society were effectively addressed.

Paraguay

Having examined the third periodic report of Paraguay, the Committee welcomed a number of positive developments in the reporting period, including the adoption of legislative measures taken with a view to implementing the Convention, such as the Act against domestic violence; the Child and Adolescents Code; the Act establishing the age of majority at 18; the Act to Suppress the Trade and Commercial Dissemination of Pornographic Material Depicting Minors or the Disabled; the Indigenous Education Act; and the Act amending the Criminal Code, including penalties for trafficking for labour exploitation and extraction of organs. The Committee also welcomed the ratification by Paraguay of several international instruments, including the two Optional Protocols to Convention on the Rights of the Child; ILO Convention No. 138 concerning the Minimum Age for Admission to Employment; the Protocol to the Convention against Transnational Crime to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol); and the Convention on the Rights of Persons with Disabilities and its Optional Protocol. The Committee also welcomed the effective installation of the Truth and Justice Commission.

The Committee was concerned that national legislation was not fully in conformity with the Convention in certain areas and regretted that the new Criminal Code reduced the punishment for child pornography. Also, the Committee was concerned that the bill to amend the Code of Criminal Procedure was still under consideration and did not coincide with the Child and Adolescents Code in terms of juvenile criminal procedure. The Committee reiterated its concern about the insufficient dissemination of the Convention by governmental agencies, in particular in rural areas and among indigenous children. It was also concerned that efforts had not yet generated adequate awareness among professionals working with and for children and among the general public. The Committee was particularly concerned that children themselves were not well informed about their rights. A continuing concern was that discrimination affected children in Paraguay for reasons of ethnic origin, native language, gender, nationality, disability and street situations. Of particular concern was the discrimination faced by the indigenous population, which resulted in various inequalities for indigenous children. The Committee was also concerned about reports of torture, cruel and inhuman treatment of children living on the streets by the police, and at the allegations of cruel and degrading treatment of children who were deprived of their liberty.

The Committee recommended that Paraguay continue to harmonize its legislation with the principles and provisions of the Convention and strengthen the implementation of domestic legislation. It urged Paraguay to increase efforts to translate information material into Guarani and the main indigenous languages and to disseminate it; to continue adequate and systematic training and/or sensitization of professional groups working with and for children, such as judges, lawyers, law enforcement personnel, teachers, school administrators, health and media personnel; and to fully integrate the Convention into the curricula at all levels of the educational system and to ensure its translation into all languages in the country. The Committee strongly recommended that Paraguay intensify its efforts to prevent and eliminate any de facto discrimination against indigenous children, children living in poverty, girls, children in street situations, and children with disabilities; that it expedite the process to adopt the bill against all forms of discrimination; and effectively guarantee to its indigenous children services for health, nutrition, education, access to employment and cultural activities. It was also necessary to investigate and prosecute all cases of torture and ill-treatment of children, in order to prevent impunity and to ensure that child victims were provided with appropriate services for care, recovery and reintegration.

Burkina Faso

After a review of the combined third and fourth periodic report of Burkina Faso, the Committee noted with appreciation the adoption of the Act on Combating Trafficking in Persons and Related Practices, of 15 May 2008; the Act issuing the Labour Code; the Act on Reproductive Health; and the Act on Judiciary Organization. The Committee also welcomed Burkina Faso’s ratification of a number of related instruments, including the two Optional Protocols to the Convention on the Rights of the Child; the Convention for the Protection of All Persons from Enforced Disappearance; the Convention on the Rights of Persons with Disabilities and its Optional Protocol; the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa; the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women; and the Rome Statute of the International Criminal Court. The Committee also welcomed the adoption of the National Policy for the Comprehensive Development of Young Children, the National Strategic Framework to combat HIV/AIDS, the National Action Plan against Trafficking in Persons of 2007, as well as the creation of a multisectoral Committee for the Equalization of Opportunities for Persons with Disabilities and a National Committee for Combating the Practice of Excision.

The Committee was concerned that the draft Child Code did not include all the principles and provisions of the Convention and was restricted to children in conflict with the law. It further noted with concern that the enjoyment of child rights continued to be negatively affected by the application of certain customary laws and weak law enforcement. Also highlighted was the 8-year delay in adopting a new National Plan of Action for Children. Moreover, in spite of measures taken to disseminate the Convention, most of the children in Burkina Faso remained unaware of their rights. The Committee also noted with concern that the trainings provided to, inter alia, magistrates, lawyers, police and military forces, as well as to traditional leaders, remained insufficient. The Committee reiterated the concern previously expressed at the persistence of de facto discrimination against children belonging to the most vulnerable groups, such as children with disabilities and children living in rural areas, among whom girls were often disproportionately affected. While noting the existence of a National Plan for the Prevention and Eradication of Commercial Sexual Exploitation of children, the Committee was concerned that the Plan had not been carried out, due to a lack of public funding. It was also concerned at the lack of information on sexual exploitation and abuse of boys and girls as well as on the prosecution of perpetrators of sexual offences against children

The Committee urged Burkina Faso to take, as a matter of priority, all appropriate measures to expedite the process of elaboration and adoption of the Child Code and ensure that it covered all the provisions of the Convention. It recommended that the Government improve awareness and implementation of its legislation, in particular among communities that continued to apply customary laws. Burkina Faso was urged to proceed without delay with the implementation of the Framework of Strategic Guidelines for Children’s Promotion 2008-2017. The Committee further urged the State party to broadly disseminate the Convention in all the local languages; to include human rights and child rights in the curricula of schools at all levels; and to expand adequate and systematic training of all professional groups working for and with children. With regard to discrimination, the Committee recommended that Burkina Faso increase its efforts to review, monitor and ensure implementation of legislation guaranteeing the principle of non-discrimination and full compliance with article 2 of the Convention, and adopt a proactive and comprehensive strategy to eliminate discrimination on gender, ethnic, religious or any other grounds and against all vulnerable groups of children throughout the country.

Cameroon

Regarding the second periodic report of Cameroon, the Committee appreciated Cameroon’s adoption of legislation providing protection for the rights of the child, including on combating child trafficking and slavery, and on the status of refugees. The Committee also noted Cameroon’s recent signing of the Optional Protocol to the Convention against Torture, on 15 December 2009, as well as the fact that corporal punishment was forbidden in schools and unlawful as a sentence for crime in the penal system. It noted with appreciation that the Criminal Code and the revised Code of Criminal Procedure provided for the prosecution of perpetrators who abused children and that child witnesses were considered in the legal proceedings relating to violence against children. The Committee welcomed the 2001-2015 Health Sector Strategy, the National Programme for Reproductive Health and the Strategy for the Integrated Management of Childhood Illness. It also welcomed the review in 2009 of the National Plan of Action to Combat Female Genital Mutilation.

The Committee was concerned that the impact of the global economic crisis, regional conflicts which had led to a significant influx of refugees into Cameroon and HIV/AIDS had hampered efforts to implement the Convention effectively. It regretted the absence of a comprehensive National Plan of Action for children covering all areas of the Convention, and was concerned that the Convention was still not widely available. It expressed its grave concerned that infibulations, the most extreme form of female genital mutilation, and excision, continued to be widely practiced. It was further concerned that children from poor rural areas and children in street situations suffered particular disadvantages with regard to education, access to health and social services. The Committee expressed serious concern about the persistence of ill-treatment against children, that alleged cases of torture against children were not duly investigated and that perpetrators had not been brought to justice. It was also deeply concerned that corporal punishment still existed in schools, despite the school regulations, and at home. It was further deeply concerned at the persistence of abuse and neglect, especially in families, including sexual violence and rape. With regard to health issues, the Committee was concerned that there had not been a significant reduction in the rates of infant and child mortality, malnutrition or maternal mortality – all of which remained high – and that vaccination coverage was still limited. It was deeply concerned at the increasing prevalence of HIV/AIDS among children and women, and that access to free voluntary counselling and testing and antiretroviral treatment was not universal, as well as at the increasing number of orphans and vulnerable children due to HIV/AIDS. Other issues of deep concern included that parents still paid the major part of educational costs; that children without birth certificates could not attend schools; and that there was a high rate of child labour, especially in the agricultural sector. The Committee highlighted in this area the situation of children domestic workers and the continuing practice of forced labour, and was alarmed at the very young age of children affected – including both girls and boys from five years.

The Committee urged Cameroon to take, as a matter of priority, all appropriate measures to expedite the adoption and entry into force of the draft Child Protection Code and the draft Code of Persons and Family, and to ensure adequate human and financial resources for their full implementation. It further urged Cameroon to translate the Convention into appropriate national languages and to expand the dissemination of the Convention to all regions in order to reach all populations. It urged it to strengthen efforts to end all discriminatory practices against all children; to strengthen its efforts to ensure that children’s views were given due consideration in the community, the family and schools, as well as to guarantee the right of the child to be heard in any judicial and administrative proceedings affecting the child. Cameroon was also requested to prohibit explicitly and by law all forms of corporal punishment in all settings. The Committee urged that female genital mutilation, breast ironing, early and forced marriages were explicitly criminalized by law and that those responsible were prosecuted for such acts. It also strongly recommended that Cameroon ensured primary school was free by addressing indirect and hidden costs of basic education.

Tajikistan

Having considered the second periodic report of Tajikistan, the Committee welcomed Tajikistan’s ratification of the following international instruments: the two Optional Protocols to the Convention on the Rights of the Child; ILO Convention No. 182 concerning the Elimination of the Worst Forms of Child Labour; and the United Nations Convention Against Transnational Organized Crime, its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and its Protocol against the Smuggling of Migrants by Land, Sea and Air. The Committee also noted with appreciation positive developments in the area of human rights, including the establishment of the Commission on the Rights of the Child in 2001, which included members of civil society as well as youth groups; the establishment of Child Rights Departments at district level in 2003; the adoption of the National Programmes and strategies related to health, including on HIV AIDS in 2000, and on education of children, in 2002; the adoption of the Law on equality between men and women, in 2005; and the amendment of sections of the Criminal Code on Human Trafficking and on Trafficking of Children, in 2004.

Among concerns, the Committee noted the minimum legal age for marriage in Tajikistan had been reduced to 17. While noting legislative amendments and actions taken to address discrimination against women and girls, the Committee remained concerned about the limited implementation of those laws and the persisting de facto discrimination against girls. It was particularly concerned about the high dropout rates of girls in rural areas from schools due to negative traditional and religious attitudes on the roles of girls and women in the society. The Committee was also concerned at discriminatory attitudes and discrimination against children with disabilities, children in care institutions XXXXXand children living in rural areas. While noting that the law enforcement officers had undergone trainings by nongovernmental organizations, the Committee regretted that there was no mandatory training programme for law enforcement officials on children’s rights. The Committee was especially concerned about reports of ill-treatment of children in residential institutions for children with disabilities and lack of investigation of such cases. The Committee regretted that corporal punishment is not explicitly prohibited under domestic laws and is extensively used as a disciplinary measure at home, schools, and child care institutions.

The Committee recommended that the State party carefully examine the existing legislative and other measures, with a view to amending current legislations or enacting new legislation to cover all provisions enshrined in the Convention. The Committee urged the State party to revert to 18 years as the minimum legal age of marriage for women and men. The Committee recommended that the State party take all necessary measures to implement existing legislation and ensure that all children within its jurisdiction, particularly girls, children with disabilities, children in care institutions, children living in rural areas and other vulnerable groups of children, enjoyed all the rights set out in the Convention without discrimination. The Committee recommended that the State party adopt appropriate measures to combat torture and cruel, inhuman or degrading treatment, including systematic training programmes at the national and local level, addressed to all professionals working with and for children on prevention of and protection against torture and other forms of ill-treatment. The Committee further recommended that the State party investigate the allegations of torture and ill-treatment of children, particularly of children in residential institutions, ensure the systematic and routine investigation and prosecution of reported cases and take all necessary measures to bring the alleged perpetrators to justice. The Committee recommended that the State party, as a matter of urgency: conduct a study on prevalence of corporal punishment in all settings; enact legislation in order to explicitly prohibit all forms of corporal punishment in all settings; and investigate reported cases of corporal punishment and apply adequate sanctions.

Ecuador

Having considered the fourth periodic report of Ecuador, the Committee welcomed a number of positive developments, including the new Constitution of 2008, which recognized the respect and protection of a catalogue of human rights as the main duty of the State, including by enhancing attention to economic, social and cultural rights, and by recognizing international human rights treaties as State obligations requiring legislative adaptation. Also welcome was the 2009 reform of the Code on Children and Adolescents regarding the child maintenance payment procedure; the 2005 reform of the Penal Code, which criminalized sexual exploitation of children, sexual exploitation related to the tourism industry, child pornography and trafficking in persons and sale of persons for the purpose of exploitation; and the 2005 reform of the Labour Code, which included norms to prevent and eradicate economic exploitation of children. The Committee further welcomed that Ecuador had ratified the Convention on the Rights of Persons with Disabilities and its Optional Protocol, as well as the Convention for the Protection of All Persons from Enforced Disappearance.

The Committee remained concerned at the low level of awareness of the Convention among professionals working with and for children, the media, and the general public in Ecuador. It noted with concern the recent lack of public agreement in the country on social and environmental standards to be placed on projects for the oil and mineral sector, and was concerned, in that connection, about the lack of clear guidelines and regulations to enable the protection and respect by business corporations of children’s rights. The Committee shared the concern of the Committee on the Elimination of Racial Discrimination that a high proportion of persons belonging to the indigenous peoples and Afro-Ecuadorian communities continued to suffer in practice from racism and racial discrimination, including children. It was further concerned that the child mortality rate in Ecuador was one of the highest in the region, and at the prevalence of chronic malnutrition among children. The Committee was also still concerned that traditional societal attitudes limited children’s right to be heard in schools, within the family or other settings, and was further concerned about inadequate implementation of the children’s right to be heard in judicial and administrative proceedings.

The Committee recommended that Ecuador strengthen efforts to ensure that the provisions of the Convention were widely known and understood by adults and children. Ecuador should develop clear guidelines for the business sector to protect, respect and remedy violations of children’s rights as enshrined in the Convention, the Code on Children and Adolescents and the Constitution. The Committee further urged Ecuador to ensure practical application of the constitutional and legal provisions that outlawed racial discrimination and to guarantee special protection measures in favour of indigenous and Afro-Ecuadorian children. Ecuador should also strengthen its efforts to ensure that children’s views were given due consideration in the family, schools and relevant administrative and other settings.

El Salvador

Regarding the combined third and fourth periodic reports of El Salvador, the Committee welcomed a number of positive developments in the reporting period, including the enactment of the Presidential Decree creating a new Commission of Investigation to continue the search for children who had disappeared during the internal armed conflict; the Bill proposing the creation of a mechanism to follow up on the implementation of the recommendations of international human rights monitoring bodies; the enactment of the Law for the Integral Protection of Children; and the establishment of the National Committee against Trafficking in Persons. The Committee also welcomed the ratification of the following international treaties: the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography; the United Nations Convention against Transnational Organized Crime and its Protocol to prevent, repress and punish trafficking in persons especially women and children (Palermo Protocol); and the Convention on the Rights of Persons with Disabilities and its Optional Protocol.

The Committee regretted that national legislation in El Salvador was not yet in conformity with the Convention in some areas, for instance, with respect to corporal punishment, the minimum age for marriage, the adoption regime and the administration of juvenile justice. In particular, it reiterated its previous concern about the provisions in the Family Code still allowing marriage to be contracted by children as young as 14 years under certain conditions. The Committee regretted that, despite El Salvador’s efforts to combat racism and discrimination, discriminatory attitudes and social exclusion still affected some sections of the child population, and in particular adolescents, children with disabilities, girls, children living in rural and remote areas, indigenous children and children from economically excluded families. It also noted the persistence of a traditional patriarchal conception of the family, which often resulted in girls being given subordinate and dangerous tasks, which placed them in a vulnerable situation and at risk of abuse. The Committee was extremely concerned at the very high number of killings of children – many of them members of “maras” (gangs) – at a rate of one child killed every day. It was further concerned that those crimes were not responded to with effective action, both preventive and protective, by the authorities. Those crimes also often remained neither investigated nor prosecuted.

The Committee recommended that El Salvador take the necessary steps, including structural, financial and institutional changes, to effectively implement the Law for the Integral Protection of Children in accordance with the newly established system for national and local (departmental and municipal) integral protection of children. It reiterated a number of recommendations, including that El Salvador set the minimum age for marriage for both girls and boys at 18 years; that it combat discrimination against children by ensuring them, inter alia, equal access to education, healthcare facilities and poverty reduction programmes, paying special attention to the situation of girls; and that it carry out comprehensive public education campaigns to prevent and combat all forms of discrimination. The Committee further urged El Salvador to carry out a thorough investigation of all cases of killings of children, and to prosecute and adequately punish the perpetrators of those heinous acts; and that it make available to the family of the victims adequate procedures and mechanisms to obtain redress and compensation, as well as adequate support. El Salvador should also develop and implement a comprehensive policy to prevent violence against children, notably killings, and intensify its efforts to guarantee children the right to life throughout the country, inter alia, by addressing the root causes of those violent acts, including impunity, poverty and exclusion.

Norway

Having considered the fourth periodic report of Norway, the Committee welcomed the entry into force in January 2006 of the Anti-discrimination Act, and the adoption of an Action Plan to Promote Equality and Prevent Ethnic Discrimination. It strongly appreciated the support to the Special Representative of the Secretary-General on Violence against Children provided by the State party. Also welcome was that training was held for judges, experts and lawyers on violence and abuse and custody cases where violence and abuse were suspected; and the introduction, in 2009, of guidelines for early intervention to prevent drug and alcohol problems. The Committee noted with interest, among other things, that increased attention was paid to children living below the poverty line; that the Penal Code provision on trafficking had been amended in June 2006 to include exploitation and leading someone astray; and that a mapping project to map the extent of, inter alia, sexual exploitation and abuse had been carried out.

The Committee was concerned that the principle of primary consideration of the best interests of the child was not yet applied in all areas affecting children, such as child custody cases and immigration cases, and that those responsible for taking the child’s best interest into account were not always sufficiently trained. It was concerned about children in several isolated religious communities, whose educational objectives were seldom examined for their compatibility with Norwegian law. Another concern was that competence was limited to dealing with violence in families of different cultures and to communicating advice for violence-free education. In the area of health, the number of deaths of young people from overdoses was alarming, the Committee said. It was also concerned at the increasingly long waiting period for mental health care for children and young people, and was seriously concerned about studies that indicated a rapid increase within a short period of time of prescriptions given to children. Further, the Committee regretted that competence in dealing with sexual exploitation and abuse was limited, expressing concern at the very long period between reporting and examining cases of sexual abuse. On juvenile justice issues, the Committee was concerned at an increase in the number of imprisoned children and that those children were not detained separately from adult inmates. Also noted with concern was that physical conditions in prisons might not be appropriate for children and that training of prison personnel for the treatment of juvenile offenders was not mandatory. The Committee was further concerned that child welfare assistance for children from ethnic minorities was of a much lower standard, and that 10 per cent of children from immigrant backgrounds had experienced threats or violence due to their cultural background.

The Committee recommended with particular urgency that Norway closely monitored the extent of implementation of child rights across the country, through better monitoring, regulations, frameworks and coordination. It reiterated its recommendation that Norway consider providing the Ombudsman with the mandate to receive complaints from children and the resources to follow up in a timely and effective manner. Norway should continue to strengthen its efforts to ensure that the general principle of the best interests of the child was appropriately integrated in all legal provisions. Norway was further urged to take all necessary steps to combat discrimination against minority, indigenous and disabled children and to familiarize them from an early age with the right of every child to be protected against discrimination. The Committee recommended that Norway pay particular attention to prohibiting all forms of violence against children and ensuring their participation and international cooperation. It also urged Norway to ensure that poor families got adequate assistance, independent of where they were living in Norway.

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

Mongolia

Following a review of the initial report of Mongolia under the Optional Protocol on the involvement of children in armed conflict, the Committee welcomed the provision in Mongolian law providing that persons under the age of 18 would not be subjected to compulsory recruitment. It also welcomed Mongolia’s ratification of the Optional Protocol to the Convention on the Rights of the Child on sale of children, child prostitution and child pornography, in 2003; ILO Convention No. 182 concerning the Elimination of the Worst Forms of Child Labour, in September 2001; and the Rome Statute of the International Criminal Court, in 2002. Also noted were efforts to translate the Optional Protocol into the Mongolian language and to disseminate it to employees of children’s organizations and the military forces.

The Committee remained concerned that awareness of the principles and provisions of the Protocol among the general public remained low and, in particular, that members of the Mongolian armed forces, professional categories, including those working in the administration of justice, did not receive systematic training on the provisions of the Protocol. While noting that the Criminal Code partly implemented the provisions of the Protocol – providing for the prohibition of recruitment of children into armed forces – the Committee remained concerned at the lack of a specific legal provision prohibiting the involvement of children in hostilities. It was further concerned at the lack of independent mechanisms to deal with possible complaints by the students at the Military Musical School of the University of Defence and at the special border regiments and units.

The Committee encouraged Mongolia to strengthen its efforts in providing human rights training activities, including on the provisions of the Protocol for members of the armed forces. Mongolia should continue to develop training programmes on the provisions of the Protocol for relevant professional groups working with children, and should strengthen its programmes and activities with a view to creating an environment of tolerance, peace and understanding, inter alia, by introducing human rights education and, in particular, peace education in the school curricula. The Committee further recommended that the State Party ensure that violation of the provisions of the Optional Protocol regarding the recruitment and involvement of children in hostilities be explicitly criminalized in Mongolia’s legislation.

Israel

After a review of the initial report of Israel under the Optional Protocol on the involvement of children in armed conflict, the Committee noted as positive Israel’s ratification of ILO Convention No. 182 concerning the Elimination of the Worst Forms of Child Labour, on 15 March 2005. It further welcomed the information from Israel that asylum-seeking children who had been recruited or used in armed conflict had been granted refugee status on the basis of having been used as child solders.

The Committee was concerned that Israeli legislation continued to discriminate in the definition of the child between Israeli children (18 years) and Palestinian children in the occupied Palestinian territory (16 years), according to Military Order No. 132. It was further concerned over the violations of the right to life, survival and development of children within the jurisdiction of Israel. While noting that Israeli children were affected, the Committee was concerned that Palestinian children were disproportionately vulnerable. In that connection, the Committee expressed grave concern for the serious violations suffered by children in Gaza during Operation Cast Lead in December 2008 and January 2009 due to the disproportionate violence, the lack of distinction for civilians and the obstruction of humanitarian and medical aid. While noting information provided by Israel during the dialogue that persons under 18 years could not take direct part in hostilities, the Committee nevertheless remained concerned that Israel failed to fully comply with the Optional Protocol by designating persons below 18 years for compulsory recruitment. The Committee was further concerned over information provided by the State party that persons under 18 years might be recruited to combat units. The Committee was deeply concerned over the persistent practice whereby Palestinian children were used as human shields and as informants for intelligence purposes.

The Committee reiterated its recommendation that Israel rescind the provision of Military Order No. 132 concerning the definition of the child and ensure that its legislation conform to the Convention on the Rights of the Child. Israel was urged to take prompt measures to comply with the fundamental principles of proportionality and distinction enshrined in humanitarian law, including the Fourth Geneva Convention of 1949, which set out the minimum standards for the protection of civilians in armed conflict; that it pay special attention to the right to life of Palestinian children; and that, as a matter of urgency, it discontinue the blockade and support the reconstruction of homes, schools and hospitals. The Committee further urged Israel to comply with the recommendations of the United Nations Fact Finding Mission on Gaza, while paying particular attention to those recommendations that directly or indirectly affected children. Israel should also strengthen human rights training for members of the armed forces, with specific training on the provisions of the Optional Protocol, and should revise its laws and ensure that its policy on compulsory recruitment was consistent with the Protocol’s provisions. The Committee also urged Israel to ensure strict compliance with humanitarian law with regard to the issue of children used as human shields and as informants.

Ecuador

Regarding the initial report of Ecuador under the Optional Protocol on the involvement of children in armed conflict, the Committee noted as positive Ecuador’s declaration upon ratification of the Protocol declaring 18 years as the minimum age for voluntary recruitment to the armed forces. The Committee also welcomed the agreement between the Ministry of Defence and the Ministry of Justice on human rights training for members of the armed forces; the campaigns conducted by civil society on the need for child refugees to be protected; and that the Code on Children and Adolescents prohibited the recruitment and direct participation of children in armed conflicts and hostilities, both internal and international.

The Committee was concerned, however, at reports of non-State actors crossing the border into Ecuador and forcibly recruiting children, including refugee children, in the northern border territories of the country. It was further concerned about the insufficient measures to prevent that recruitment, including awareness-raising campaigns and inspections, and at the lack of legislation to prosecute cases involving non-nationals in the recruiting and use of children in armed conflicts. The Committee also regretted the insufficient measures taken to identify children, including refugee and asylum-seeking children, who might have been recruited or used in hostilities abroad, as well as inadequate measures taken for their physical and psychological recovery and social reintegration.

The Committee recommended that Ecuador ensure that the principles and provisions of the Optional Protocol were widely disseminated to the general public, and in particular among children, and that it also strengthen human rights training for members of the armed forces with a specific focus on the provisions of the Protocol. Ecuador was urged to take all possible measures to prevent the recruitment of children by armed groups in its territory, especially refugee children living in areas close to the border and who were particularly vulnerable, and that it undertake research on incidences of recruitment of children by non-State forces. The Committee also recommended that the Government allocate resources for the identification of such children, provide for their access to education and ensure that investigations were carried out into alleged cases of forced recruitment of children. Ecuador was further called on to take the legislative penal measures to ensure that all perpetrators of the crime on the recruitment of children for their use in armed conflicts be brought before its national criminal jurisdiction, prosecuted and sanctioned.


Liechtenstein

Following its examination of the initial report of Liechtenstein under the Optional Protocol, the Committee commended Liechtenstein on its accession to, or ratification of, the United Nations Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, in 2008; the Rome Statute of the International Criminal Court, in 2001; and the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, in 1998. The Committee welcomed the organization, of an international training seminar for youth workers, which aimed at deepening the understanding of human rights in youth work. It noted with appreciation the appointment in October 2009 of the first Ombudsperson for Children, and welcomed measures adopted by Liechtenstein to provide protection, rehabilitation and other assistance for children affected by armed conflicts in their countries of origin.

The Committee was concerned, however, at the lack of information on training on human rights standards and the provisions of the Optional Protocol for all relevant professional groups within Liechtenstein. It was further concerned that there was no legal guarantee against the recruitment of persons under the age of 18 years in the event of war or emergency. The Committee regretted the lack of information on war crimes provisions in national legislation aimed at criminalizing the conscription or enlistment of children under the age of 15 years into national armed forces or using them to participate actively in hostilities, in accordance with the Rome Statute of the International Criminal Court to which Liechtenstein was party. It further regretted the lack of an explicit reference in Liechtenstein’s legislation to the possibility of extradition of persons who committed offences addressed in the Optional Protocol, and that extradition was subject to the criterion of double criminality. Noting information from Liechtenstein that no cases had come to the Government’s attention of child victims of practices prohibited under the Optional Protocol among refugees and asylum-seekers, the Committee was concerned at the lack of an identification mechanism for such children and regretted that, if needed, specific recovery and reintegration programmes and services would not be available for them.

The Committee recommended that Liechtenstein ensure that the first Ombudsperson for Children was independent, and vested with a mandate to monitor the implementation of the Convention and the Optional Protocol, as well as with adequate human, technical and financial resources. Liechtenstein should develop awareness-raising, education and training programmes on the provisions of the Optional Protocol for relevant professional groups working with all categories of children. The Committee recommended further that Liechtenstein establish clear legal guarantees to protect persons under the age of 18 years from recruitment in the case of war or an emergency, and that relevant legislation was revised to take into account international instruments to which it was party, including the Rome Statue, and in particular to include provisions to explicitly criminalize the recruitment and involvement of children in hostilities. Liechtenstein should also ensure that domestic legislation enabled it to establish and exercise extraterritorial jurisdiction over war crimes of conscription and enlistment of children in hostilities.

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

Mongolia

Regarding the initial report of Mongolia on implementation of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, the Committee noted with appreciation that relevant stakeholders, including civil society organizations and children had been consulted in the preparation of the report. It further commended Mongolia’s accession to or ratification of the following international instruments: the Optional Protocol to the Convention on the involvement of children in armed conflict, in 2006; 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 2008.

While some of the provisions contained in the Protocol had already been incorporated into the legislation of Mongolia, the Committee expressed concern that the National Programme on Protection from Trafficking in Children and Women with the Purpose of Sexual Exploitation, adopted in 2005, did not cover violations of all provisions of the Protocol. The Committee was deeply concerned at the information that an increase in poverty and in child sexual abuse played a significant role in the increase of commercial sexual exploitation in Mongolia. It was further concerned that the prohibition of the sale of children, child prostitution and child pornography had not been explicitly included in the national legislation, in conformity with the Protocol. In particular, the Committee was concerned that many cases of prostitution were not considered illegal because of ambiguity in the definition of prostitution.

The Committee recommended that Mongolia effectively implement the National Programme on Protection from Trafficking in Children and Women with the Purpose of Sexual Exploitation and consider expanding it in order to address all violations of the provisions of the Protocol, supported with adequate human and financial resources. Mongolia should also continue and strengthen systematic education and training on the provisions of the Protocol for all relevant professional groups, and strengthen measures to disseminate the provisions of the Protocol among its population, especially children and parents, by using, inter alia, school curricula and appropriate material specifically designed for children. The Committee particularly recommended that Mongolia increase its budget allocation, at national and local levels, in order to cover all areas of the Protocol, and that it take all measures to amend the provisions of its national legislation with a view to fully including all purposes and forms of the sale of children, child pornography and child prostitution in accordance with articles 2 and 3 of the Protocol.

Estonia

Following its examination of the initial report of Estonia under this Optional Protocol, the Committee noted with appreciation the increased attention by the Riigikogu (Parliament) to detecting crimes against children and the revision and amendment of the penal code and code of criminal procedure in recent years; the introduction, as of 2010, of child protection services at every police prefecture in Estonia; and the active participation of Estonia at the international, regional and subregional levels in fora on combating trafficking, cybercrime, and child pornography on the Internet in particular. The Committee further noted with appreciation Estonia’s ratification of a number of relevant international and regional instruments related to the Protocol, including ILO Convention No. 138 concerning the Minimum Age for Admission to Employment, in 2007; the European Convention on the Compensation of Victims of Violent Crimes, in January 2006; the Convention Against Transnational Organized Crime, in February 2003, and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, in May 2004; and the Council of Europe Convention on Cybercrime, in May 2003.

While noting that the general principles of the Convention had been taken into account in the design and application of implementation measures adopted by Estonia under the Optional Protocol, for example in the text of the Child Protection Act, the Committee was concerned that the principle of the best interests of the child was not a primary consideration in the application of all aspects of criminal justice procedures. It regretted that there was no specific plan of action that comprehensively covered all of the areas addressed by the Optional Protocol, and had concerns about social attitudes towards practices prohibited under the Optional Protocol, in particular relatively tolerant attitudes among children towards child prostitution and child pornography. The Committee was further concerned that measures aimed to prevent practices under the Optional Protocol had not targeted particularly vulnerable children, children left behind by migrating parents, and Russian-speaking children.

The Committee recommended that the principle of the best interests of the child be included in all measures taken by Estonia to implement the provisions of the Optional Protocol, including judicial or administrative procedures. Estonia was recommended to develop, in consultation and cooperation with all relevant stakeholders, a national plan of action aimed at addressing the sale of children, child prostitution and child pornography, and that the Plan include a follow-up mechanism. Further, the Committee recommended that Estonia make the provisions of the Optional Protocol widely known to the public at large and to children, through, inter alia, the media, school curricula and long-term awareness-raising campaigns in different languages and in a simplified manner. In continuing and strengthening measures to prevent the sale of children, child prostitution and child pornography, including in light of the changing nature of interactions over the Internet, increased attention should be given to identify and protect children who were especially vulnerable to those practices.


Ecuador

Having considered the initial report of Ecuador under this Optional Protocol, the Committee noted with appreciation the 2005 reform of the Penal Code, which criminalized sexual exploitation of children, sexual exploitation related to the tourism industry, child pornography, trafficking in persons, and sale of persons for the purpose of exploitation; the 2006 National Plan to Combat Human Trafficking, Smuggling of Migrants, Sexual Exploitation, Labour Exploitation, Prostitution, Pornography and Other Forms of Exploitation of Women and Children and the Corruption of Minors; and the 2007 National Tourism Plan aimed, inter alia, at preventing the commercial sexual exploitation of children. The Committee also noted with appreciation Ecuador’s indication that practices covered by the Protocol were punishable under the provisions of the Penal Code.

The Committee was concerned that criminal liability of legal persons was not possible and that there remained limited harmonization between national legislation, notably the Penal Code, and the specific provisions of the Protocol. It further regretted that there was no specific strategy in place to implement the Protocol. Moreover, preventive measures were inadequate, and documentation and research were insufficient on the root causes, nature and extent of the sale of children, child prostitution and child pornography in Ecuador. The Committee was also concerned at the low number of prosecutions for offences outlined in the Protocol. Also, while welcoming the Victim and Witness Protection Programme, the Committee was concerned that the measures undertaken to identify children who had been victims of offences under the Protocol, as well as the training of professionals in contact with child victims, might be insufficient.

The Committee recommended that Ecuador continue and complete the process of harmonization of its national legislation with the Protocol in order to adequately implement all provisions contained therein, and, with reference to the Penal Code, that it ensured explicit reference to all the acts and activities constituting offences under the Protocol, including the introduction of criminal liability of legal persons. Furthermore, Ecuador should design a national strategy to implement the Protocol, in particular to combat and prevent all the offences it covers, as well as take measures to identify children who were especially vulnerable to the practices covered by the Protocol, such as children in street situations, girls, children living in remote areas and working children. The Committee further recommended that Ecuador ensure that the perpetrators of these crimes were properly prosecuted and punished and that it develop comprehensive procedures for the early identification of child victims, including by ensuring their proper protection so as to encourage them to report cases.

El Salvador

After a review of the initial report of El Salvador under this Optional Protocol, the Committee welcomed numerous measures taken by the State party, including the 2004 legislative reforms aimed at criminalizing the activities linked to the commercial sexual exploitation of children, including the increase in penalties thereto; the creation, in 2004, of a Roundtable (“Mesa”) specialized in commercial sexual exploitation of children, which was composed of 11 governmental and non-governmental organizations; and the creation, in 2005, of the National Committee against Trafficking in Persons, which was developing a national policy against Trafficking in Persons 2008-2017 and its Action Plan 2008-2012. The Committee also welcomed El Salvador’s ratification of the following international conventions: ILO Convention No. 182 on the Worst Forms of Child Labour; the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the 2000 Convention against Transnational Organized Crime; and the Inter-American Convention on the International Traffic of Minors.

While welcoming the adoption in 2004 of Legislative Decrees 210 and 457 amending the Penal Code, the Committee said full harmonization between national legislation and the provisions of the Optional Protocol was still needed. It was also concerned that – in spite of various relevant training initiatives targeting law enforcement operators – the Protocol was not well known among judges and lawyers and it was rarely invoked in courts. Preventive efforts did not cover sufficiently large groups of vulnerable children in El Salvador, the Committee said, such as children living in poverty, indigenous children, children living in difficult family situations and children left behind by their migrating parents. In that connection, the Committee was concerned that little attention was given to measures aimed at reducing demand for commercial sexual exploitation of children. It was also concerned that, overall, the services available for child victims of sale, prostitution and pornography were scarce and not distributed uniformly throughout the country

The Committee recommended that El Salvador continue and intensify its preventive efforts by giving adequate attention to projects aimed at addressing the root causes, such as poverty, underdevelopment and cultural attitudes, contributing to the vulnerability of children to sale, prostitution, pornography and sex tourism, including at the local level. It recommended that a specialized body or institution (such as a specialized unit in the police) be created and provided with adequate financial and human resources to deal with the crimes covered by the Protocol. El Salvador should, moreover, define and criminalize sale of children in accordance with the Protocol, and in particular sale of children for the purpose of illegal adoption, the sale of children for the engagement of the child in forced labour and sale of children for the transfer of organs of the child for profit. El Salvador should also strengthen the capacity of law-enforcement officials for the investigation and prosecution of child pornography related crimes, including – if necessary – the adoption of specific legislation, notably on child pornography through Internet and other digital means.


For use of the information media; not an official record

CRC10/015E