COMMITTEE ON RIGHTS OF THE CHILD CONCLUDES FORTY-FIRST SESSION

The Committee on the Rights of the Child concluded today its forty-first session and issued its conclusions and recommendations on the situation of children in Peru, Ghana, Liechtenstein, Trinidad and Tobago, Hungary, Lithuania, Azerbaijan, Mauritius, Saudi Arabia and Thailand, all of whose reports on efforts to comply with the Convention on the Rights of the Child were considered during the session. The reports of Kazakhstan, Andorra, and Morocco on efforts to comply with the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography were also examined. The Committee further took up the reports of Andorra, Bangladesh and Switzerland on efforts to comply with the Optional Protocol to the Convention on the involvement of children in armed conflict.

The conclusions and recommendations were contained in the final report for the three-week session, which was adopted today by the 18-member Committee. The Committee also adopted its report on the session (CRC/C/41/3), and the report to the General Assembly (A/61/41).

At the final meeting, the Chairperson, Jacob Egbert Doek, commented on the two-chamber approach, which the Committee tried for the first time at this session. It had been an interesting experience, with a considerable burden of work placed both on the Committee members and on the Secretariat, and although the experience as a whole appeared to be positive, it required further assessment, he said. The Secretariat was also in need of support, and it was hoped that it would receive this in the next budget.

The Committee's next session will be held from 15 May to 2 June 2006 at the Palais Wilson in Geneva. Scheduled for consideration are the reports of Latvia, Colombia, Uzbekistan, Tanzania, the Marshall Islands, Mexico, Lebanon and Turkmenistan. Under the Optional Protocol on the sale of children, child prostitution and child pornography, the reports of Turkey, Qatar, Iceland and Italy are scheduled. Under the Optional Protocol on the involvement of children in armed conflict, the reports of Belgium, El Salvador, Canada, the Czech Republic, Iceland and Italy are scheduled for consideration.

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

Peru

The Committee welcomed the submission of Peru’s third periodic report as well as the detailed written replies to its list of issues, which allowed the Committee to have a clear understanding of the situation of children in the State party. It further welcomed the frank and open dialogue with the high-level and cross-sectoral delegation. The Committee noted with appreciation the adoption of the National Plan of Action for Children and Adolescents 2002-2010; the National Plan of Action on the Prevention and Eradication of Child Labour; and the Plan of Action against Poverty 2004-2006. The Committee also wished to welcome the ratification of the Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography; and the International Convention on the Protection on All Migrant Workers and Members of Their Families.

The Committee noted that some concerns and recommendations made upon the consideration of the State party’s second periodic report had been addressed. However, it regretted that other concerns and recommendations had been insufficiently or partly addressed. The Committee noted that there were still discrepancies between some domestic laws and the Convention. While the Committee welcomed the adoption of the National Plan of Action 2002-2010 for children and adolescents, as well as the establishment of a multi-sectoral Commission for its monitoring and implementation, it was concerned that there was no specific budget allocation for the implementation of the Plan of Action and that civil society, including children organizations, did not have any role within the monitoring Commission. The Committee was concerned that there was no Ombudsman (Defensoria del Pueblo) specifically devoted to monitor the implementation of children’s rights.

The Committee urged the State party to take all necessary measures to address those recommendations in the concluding observations of the second periodic report that had not yet been implemented and to provide adequate follow-up to the recommendations contained in the present concluding observations on the third periodic report. The Committee recommended that the State party increase its efforts to guarantee the full harmonization of its domestic law with the Convention. The Committee recommended that the State party provide the necessary resources both at the national and local level for an effective implementation of the National Plan of Action (2002-2010) for children and adolescents with the aim of realizing the principles and provisions of the Convention, and taking into account, inter alia, the Plan of Action “A World Fit for Children” adopted by the General Assembly Special Session in May 2002.

Ghana

The Committee welcomed the submission of the second periodic report of Ghana as well as the written replies to its list of issues, which contained useful statistical data and other detailed information and gave a clearer understanding of the situation of children in the State party. The Committee was encouraged by the frank and constructive dialogue it had with the State party’s high-level delegation representing the various ministries and welcomed the positive reactions to the suggestions and recommendations made during the discussion. The Committee noted with appreciation the adoption of laws aimed at protecting and promoting the rights of the child such as the Children Act. The Committee also welcomed the ratification of and accession to several international human rights instruments.
The Committee noted with satisfaction that some concerns and recommendations made upon the consideration of the State party’s initial report had been addressed through legislative measures and policies. Notwithstanding the positive steps taken by the State party in the context of the comprehensive legislative reform, the Committee remained concerned at the insufficient number of implementation measures, which tended to form a gap between law and practice. It was further concerned at the lack of adequate human and financial resources for an effective and systematic implementation of the Children’s Act and other laws and regulations relevant for the promotion and realization of children’s rights. It remained concerned at the lack of an effective inter-ministerial coordination of all activities related to the implementation of the Convention on the Rights of the Child. The Committee noted with appreciation the activities carried out by the Ghana Commission of Human Rights and Administrative Justice, especially in the area of child neglect, female genital mutilation and juvenile justice.

The Committee urged the State party to take all necessary measures to address those recommendations from the concluding observations of the initial report that had not yet been implemented and to provide adequate follow-up to the recommendations contained in the present concluding observations on the second periodic report. The Committee recommended that the State party strengthen its efforts to take all necessary measures, including human and financial resources to guarantee the implementation of all legislation and its commitment towards policy implementation in a focused and systematic manner. The Committee recommended that the State party expedite its efforts in adopting and effectively implementing a comprehensive National Plan of Action for the full implementation of the rights enshrined in the Convention. The Committee recommended that the State party reconsider establishing a department within the Ghana Commission of Human Rights and Administrative Justice dealing specifically with child rights.

Liechtenstein

The Committee welcomed the submission of the second periodic report of Liechtenstein, which was prepared in a participatory way. The Committee welcomed the written replies to its list of issues, which gave a clearer understanding of the situation of children in the State party. It further welcomed the frank and constructive dialogue held with the members of the inter-ministerial delegation. The Committee welcomed the ratification of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women and of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. It further welcomed the declaration made under article 14 of the Convention on the Elimination of Racial Discrimination allowing for individual complaints.

The Committee welcomed the withdrawal by the State party of its reservation to article 10 (2) and its willingness to consider withdrawing remaining reservations. However, the Committee regretted that despite indications in 2001 of the intention to withdraw its reservation to article 7 of the Convention, the State party still had not done so. The Committee further regretted that despite its previous recommendations the reservation to article 10 (1) had not been withdrawn either. The Committee welcomed the revision of the Youth Act with a view to better incorporate diversion measures in criminal law and to liberalize the curfew, but remained concerned that it had not yet been adopted. The Committee noted that the establishment of an ombudsman for children was under consideration. However the Committee was concerned that there was still no mechanism that could independently monitor the implementation of the Convention and address violations of the rights of the child.

The Committee reiterated its recommendation that the State party take the necessary legal and other measures to establish a practice in the area of family reunification and access to citizenship in accordance with the principles and provisions of the Convention. It further recommended that the State party consider withdrawing its reservations to articles 7 and 10 (1) of the Convention in a near future. The Committee recommended that the State party adopt and implement the revised Youth Act. The Committee reiterated its recommendation to establish an independent, child-friendly monitoring mechanism, such as an ombudsman for children, in accordance with the Paris Principles. The Committee urged the State party to expressly prohibit by law all forms of corporal punishment, in particular in the family and private alternative care settings.

Trinidad and Tobago

The Committee welcomed the submission of the informative and comprehensive report of Trinidad and Tobago, and the written replies to its list of issues, which gave a clearer understanding of the situation of children in the State party. The Committee further noted with appreciation the open dialogue it had with the high-level delegation. The Committee noted the enactment of the following laws aimed at enhancing the implementation of the Convention: the Children’s Authority Act; the Children’s Community Residences, Foster Homes and Nurseries Act; the Miscellaneous Provisions (Children) Act; the Children (Amendment) Act; and the Adoption of Children Act. The Committee also noted with appreciation the establishment, in 1999, of the Human Rights Unit within the Ministry of the Attorney General. The Committee noted with interest the establishment in 2004 of the Pilot Family Court and its possible extension to other regions.

The Committee regretted that some of the recommendations in its concluding observations adopted following consideration of the State party’s initial report had been given insufficient follow-up, particularly those relating to coordination; data collection; resource allocation for children; abuse, ill-treatment and domestic violence; corporal punishment; alternative care; reproductive health; education; street children; child labour; and administration of juvenile justice. Those recommendations were reiterated in the present document. While noting the existence of the Ombudsman in the State party, the Committee was nevertheless concerned at the absence of an independent mechanism with a specific mandate to regularly monitor and evaluate progress in the implementation of the Convention on the Rights of the Child, either within the Ombudsman’s Office or as a separate institution, and which was empowered to receive and address individual complaints on behalf of, or from, children. The Committee, while noting the positive economic development of the State party, was concerned at the lack of sufficient budget allocation for children and the implementation of their rights.

The Committee urged the State party to make every effort to address the recommendations contained in the concluding observations on the initial report that had not yet been implemented and to implement the concerns contained in the present concluding observations. The Committee recommended that the State party urgently adopt the revised National Plan of Action for the full implementation of the Convention, covering all areas of the Convention and incorporating the objectives and goals of the outcome document entitled: “A World Fit for Children” of the United Nations General Assembly Special Session for Children and allocate sufficient human and financial resources for its implementation. The Committee encouraged the State party to establish an independent and effective mechanism, either within the existing Ombudsman Office or as a separate entity, that monitored the implementation of the Convention and dealt with complaints from children or their representatives in a child-sensitive and expeditious manner.

Hungary

The Committee welcomed the submission of Hungary’s second periodic report, written in a self-critical manner, in addition to the detailed written replies to its list of issues and the frank dialogue with the competent, cross-sectional delegation which enabled the Committee to have a clear understanding of the situation of children in Hungary. The Committee noted with appreciation a number of positive developments in the reporting period, including numerous amendments to the Child Protection Act, and expanded programmes for the social inclusion of Roma children. The Committee also welcomed the ratification of ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour on 20 April 2000.

The Committee noted with satisfaction that various concerns and recommendations made upon the consideration of the State’s initial periodic report had been addressed through legislative, administrative and other measures. However, it regretted that some of its concerns and recommendations had been insufficiently addressed, particularly those concerning the need for a national plan of action and policy coordination, disaggregated statistics, budget allocation, training of professionals, discrimination of children belonging to an ethnic minority, in particular Roma, health issues, sexual exploitation and trafficking. The Committee recognised the existence of diverse action plans in specific areas but reiterated its concern at the lack of a comprehensive national plan of action for children in Hungary and reiterated its previous concern regarding a lack of a coordinated policy relating to the implementation of the Convention, particularly at the local level.

The Committee urged the State party to take all necessary measures to address those recommendations from the concluding observations of the initial periodic report that have not yet been implemented. The Committee recommended that the State party, taking into account the General Comment of the Committee on General Measures of Implementation, develop and implement a National Plan of Action for children, provided with an adequate budget, time tables and a monitoring system, which should aim at the realization of the principles and provisions of the Convention and take into account, inter alia, the Plan of Action “A World Fit for Children” adopted by the General Assembly special session in May 2002; and take the necessary measures for an effective coordination of the activities of the guardianship offices (at county, city and municipal level), the child representatives and the expert committees. The Committee strongly recommended that the State Party initiate campaigns to change widespread discriminatory behaviour of excluding members of the Roma community from services that had to be accessible to all citizens regardless of their ethnicity or any other status.

Lithuania

The Committee welcomed the submission of Lithuania’s second periodic report as well as the written replies to its list of issues. The Committee also noted with appreciation the frank and open dialogue with the high-level delegation of the State party, which included experts from relevant State institutions. The Committee welcomed several laws and regulations adopted during recent years aimed at protecting and promoting the rights of children. In addition, the Committee noted with appreciation the establishment of new institutions aimed at protecting and promoting the rights of the child, such as the Ombudsman for Children, and the restructuring of the municipal child’s rights protection agencies, and welcomed the ratification of or accession to a number of international human rights instruments

The Committee regretted that some of the concerns it expressed and the recommendations it made after its consideration of the State party’s initial periodic report had been insufficiently or only partly addressed. While welcoming measures taken to bring national legislation into conformity with the Convention, the Committee noted that the national legislation in some areas had still not been brought into full conformity with the Convention. The Committee noted measures taken by the State party to improve the coherency and coordination of implementation of the Convention at both central and local levels. The Committee welcomed the establishment of the post of Ombudsman for Children on 1 September 2000 and the comprehensive mandate extended to the Office. However, it was concerned that insufficient resources had been allocated in order to enable it to effectively carry out the mandate and monitor the implementation of the Convention throughout the country.

The Committee urged the State party to make every effort to address the previous recommendations that had been only partly implemented or not implemented at all, and the list of recommendations contained in the present concluding observations. The Committee invited the State party to take all necessary measures to ensure that national legislation satisfied the requirements of the Convention in all respects. The Committee recommended that the State party continue and strengthen its efforts to improve the coherency and coordination of the implementation of the Convention so as to ensure adequate cooperation among central and local authorities as well as cooperation with children, young people, parents and non-governmental organizations. The Committee also recommended that the State party continue its efforts to provide adequate and systematic training and/or sensitisation on children’s rights of professional groups working with and for children, such as judges, lawyers, law enforcement officials, civil servants, local government officials, teachers, social workers, health personnel, and especially children themselves.

Azerbaijan

The Committee welcomed the submission of Azerbaijan’s second periodic report, as well as the written replies to its list of issues and the constructive dialogue with the high-level delegation, which enabled the Committee to have a clear understanding of the situation of children in Azerbaijan. The Committee noted with appreciation the adoption of many legislative and programmatic measures taken with a view to implementing the Convention, including the State Programme for the Protection of the Rights of the Child and Improvement of Education and Training Work with Children. The Committee also wished to welcome the ratification of the two Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and pornography on 3 August 2002.

The Committee was concerned that many legislative measures taken with a view to complying with the principles and provisions of the Convention were not provided with adequate mechanisms and/or financial support for their full implementation. The Committee, while noting the information that a new UNICEF country programme 2005-2009 has been signed by the State party as well as the adoption, in 1999, of the Plan of Action for the implementation of Youth Policy, was concerned that a comprehensive and well-structured strategy for the implementation of the Convention was still lacking in practice. The Committee welcomed the establishment of the Ombudsman of the Republic of Azerbaijan, but was concerned that a specialized body responsible for monitoring the implementation of the Convention was de facto still lacking. The Committee reiterated its previous concern about the inadequate budget allocations for children and for the implementation of the principles and provisions of the Convention.

The Committee recommended that the State party continue the process of achieving compliance of its legislation with the principles and provisions of the Convention and provide all the means for an effective implementation of its legislation, including appropriate budgetary resources and monitoring mechanisms. It further recommended that the State party provide adequate human and financial resources as well as systematic training on children’s issues to the Commission on Minors’ Affairs, so that it could coordinate and monitor activities at the local level, and perform other tasks effectively. The Committee recommended that the State party develop and implement a comprehensive and well-structured National Plan of Action for children, which should aim at the realization of the principles and provisions of the Convention and take into account, inter alia, the outcome document “A World Fit for Children” adopted by the General Assembly Special Session in May 2002.

Mauritius

The Committee welcomed the submission of the second periodic report of Mauritius as well as the detailed written replies to its list of issues, which gave a clear understanding of the situation of children in the State party. The Committee was encouraged by the frank and constructive dialogue it had with the State party’s high-level delegation and welcomed the positive reactions to the suggestions and recommendations made during the discussion. The Committee noted with appreciation the efforts made by the State party in the field of law reform and in particular the adoption of a wide range of following legislation and ratifications or accession to various international human rights instruments.

The Committee noted with satisfaction that some concerns and recommendations made upon the consideration of the State party’s initial report had been addressed through legislative measures and policies. However, recommendations regarding, inter alia, reservations, insufficient facilities for the rehabilitation of child victims of abuse and inadequate research on critical areas concerning children had not been given sufficient follow-up. The Committee remained concerned at the fact that some of the legislation did not conform to the principles and provisions of the Convention, including in the area of adoption and juvenile justice. While noting the positive economic development in the State party, the Committee was concerned that the resources allocated for the implementation of child rights were insufficient.

The Committee urged the State party to take all necessary measures to address those recommendations from the concluding observations of the initial report that had not yet been implemented and to provide adequate follow-up to the recommendations contained in the present concluding observations on the next periodic report. The Committee recommended that the State party strengthen its efforts to continue reviewing its legislation with the aim of ensuring full compliance with the principles and provisions of the Convention. Furthermore, the Committee encouraged the State party to consider enacting a comprehensive Children’s Act to consolidate the various pieces of legislation covering all aspects of child rights. The Committee recommended that the State party implement a comprehensive National Plan of Action (NPA), covering all areas of the Convention and incorporating the objectives and goals of “A world fit for children”, the outcome document of the Special Session of the General Assembly on children in 2002.

Saudi Arabia

The Committee welcomed the submission of Saudi Arabia’s second periodic report, as well as the written replies to its list of issues, which allowed for a clearer understanding of the situation of children in the State party. It further noted with appreciation the constructive efforts made by the high-level delegation to provide additional information in the course of the dialogue. The Committee welcomed: the State party’s notable improvement in economic and social development, including continuous investments in the health care infrastructure; and the adoption of the National Plan of Action for Children 2005-2015 and the State party’s recent efforts to promote the status and the rights of the most vulnerable population groups, such as children with disabilities. It also welcomed the ratification of and accession to certain international instruments.

The Committee noted with satisfaction the State party’s efforts to address various concerns and recommendations made upon the consideration of the State party’s initial report through legislative measures and policies. However, the Committee regretted that some of the concerns it expressed and recommendations it had made regarding, inter alia, the reservation and domestic legislation, the basic principles, civil rights and freedoms and special protection, had not been sufficiently addressed. The Committee noted the information that the reservation which consisted of a general reference to religious law and national law without specifying its contents, was mainly a precautionary measure and did not hamper the State party’s implementation of the Convention. But the Committee reiterated its concern that the general nature of the reservation allowed courts, governmental and other officials to negate many of the Convention’s provisions and this raised serious concerns as to its compatibility with the object and purpose of the Convention.

The Committee urged the State party to make every effort to address the recommendations issued in the concluding observations on the initial report that had not yet been implemented, and to address the list of concerns contained in the present concluding observations on the second periodic report. The Committee reiterated, in light of article 51, paragraph 2 of the Convention, its previous recommendation that the State party review the general nature of its reservation with a view to withdrawing it, or narrowing it, in accordance with the Vienna Declaration and Plan of Action of the World Conference on Human Rights of 1993. The Committee recommended that the State party continue its efforts to undertake a comprehensive review of its domestic laws on children, including the Basic Law, with a view to introducing all necessary amendments to its laws in order to ensure that they fully conform to the principles and provisions of the Convention. The Committee encouraged the State party to further facilitate Saudi civil society associations to work for children’s rights and welfare abroad in the spirit of the Convention.

Thailand

The Committee welcomed the second periodic report submitted by Thailand and the written replies to its list of issues, and expressed its appreciation of the State party’s open and self-analytical reporting approach in identifying a number of areas of concern. It further noted with appreciation the constructive efforts made by the high-level, inter-sectoral delegation to provide additional information in the course of the dialogue. The Committee commended the State party for the adoption of the Child Protection Act, which defined the child as a person below 18 years of age and eligible for protection and welfare assistance in compliance with the principles of non-discrimination and the best interests of the child. It also welcomed the amendment or adoption of several laws aimed at enhancing implementation of the Convention. In addition, the Committee noted with appreciation the establishment of mechanisms that enhanced the promotion and protection of children’s rights in the country.

The Committee noted with satisfaction that various concerns and recommendations in its concluding observations adopted following its consideration of the State party’s initial report had been addressed through legislative measures and policies. However, some of the concerns it expressed and recommendations it made regarding, inter alia, the minimum legal age of criminal responsibility, birth registration, statelessness, refugee and asylum-seeking children had not been sufficiently addressed. The Committee noted with appreciation the measures taken by the State party to bring national legislation into conformity with the Convention, in particular the Child Protection Act. It noted, however, that the implementation and enforcement of such legislation, in such areas as children in conflict with the law, trafficking, child labour and violence against children, required further attention in order to ensure full compliance with the principles and provisions of the Convention. It also noted that some existing legislation was still not in compliance with the Convention. The Committee was also concerned that the recommendations of the National Human Rights Commission have not been sufficiently implemented and followed-up by the relevant authorities.

The Committee reiterated these concerns and recommendations and urged the State party to make every effort to address them, as well as to implement the recommendations contained in the present concluding observations. The Committee encouraged the State party to continue its efforts to harmonize its legislation fully with the provisions and principles of the Convention. It also encouraged the State party to continue its efforts to ensure the full and effective implementation of its national legislation through, inter alia, dissemination to legislators and law enforcement officials, as well as awareness-raising activities, in order to better protect the rights of the child. The Committee recommended that the State party strengthen its system of coordination at all levels in order to ensure the full and effective implementation of its national legislation, as well as of the Convention. The Committee encouraged the State party to ensure that the National Strategy and Plan of Action covered all areas under the Convention, and that sufficient human and financial resources were provided for its full and effective implementation at all levels. The Committee also encouraged the State party to ensure the wide participation of civil society, including children and youth, in all aspects of the implementation process.

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

Andorra

The Committee welcomed the submission of the State party's initial comprehensive report. The Committee appreciated the frank and open dialogue held with the high-level delegation. The Committee welcomed the various measures taken by the State party to implement and strengthen the protection of the rights covered by the Optional Protocol especially through the amendment of the Criminal Code punishing, inter alia, trafficking in body organs, sexual abuses against children, child pornography and child prostitution. It also welcomed the social welfare programme for children at risk with its protocol on childhood in danger of 10 June 2004.

The Committee took note of the information provided on the various ministries and State bodies involved in implementing the Optional Protocol, but was concerned that there was no identifiable body to ensure a comprehensive and well coordinated implementation of the various ministerial activities to protect the rights covered by the Optional Protocol. The Committee also regretted the lack of mechanisms for the periodic evaluation of the implementation of the Protocol. While noting with appreciation the efforts undertaken by the State Party to implement the Optional Protocol, the Committee was concerned at the absence of a Plan of Action for combating and preventing the of sale of children, child prostitution and child pornography. While noting with appreciation the efforts of the State party to criminalize trafficking and sale of children in the new criminal code, the Committee was still concerned that it did not include all purposes and forms of sale of children included in the Optional Protocol.

The Committee encouraged the State party to strengthen coordination in the areas covered by the Optional Protocol, and to establish mechanisms for the periodic evaluation of the implementation of the Protocol. The Committee recommended that the State party elaborate and implement a Plan of Action based on the Stockholm and Yokohama Agenda for Action and the provisions of the Optional Protocol. The Committee recommended that the State party continue and strengthen its efforts to raise awareness among its population, with particular attention to children and parents, about the provisions of the Optional Protocol, among others through inclusion in the school curricula. The Committee also recommended that the State party develop ongoing and systematic education and training on the provisions of the Optional Protocol for all relevant professional groups.

Kazakhstan

The Committee welcomed the submission of Kazakhstan’s initial report to the Optional Protocol on the sale of children, child prostitution and child pornography, but regretted that it did not follow the established reporting guidelines. The Committee appreciated the constructive dialogue held with the delegation and noted with appreciation the additional information submitted in writing as an immediate follow-up to the dialogue. The Committee noted with appreciation the adoption of a National Plan of Action on Trafficking on the 29 February 2004 and a subsequent Plan for 2006-2008, the establishment of an inter-agency commission to combat trafficking, and the direct application and precedence of the Optional Protocol over domestic legislation.

The Committee took note of the information provided on the various ministries and governmental bodies involved in implementing the Optional Protocol, but remained concerned about the insufficient coordination among these bodies so as to ensure comprehensive, intersectoral policies, at both central and local levels, to protect the rights covered by the Optional Protocol. The Committee regretted the lack of mechanisms for the periodic evaluation of the implementation of the Protocol. It was concerned that efforts to raise awareness among relevant professional categories and the public on the areas covered by the Protocol remained insufficient. The Committee was concerned about the stigmatisation of children who have contracted HIV/AIDS as a consequence of being victims of trafficking or prostitution.

The Committee encouraged the State party to strengthen coordination, at both central and local levels, in the areas covered by the Optional Protocol, and to establish mechanisms for the periodic evaluation of the implementation of the Protocol. The Committee recommended that adequate and effective resources be earmarked for well targeted and effective public awareness campaigns and for the development of training materials and courses for all relevant professionals, including police officers, public prosecutors, judges, medical staff and other professionals, involved in the implementation of the Optional Protocol. In addition, the Committee recommended that the State party make the provisions of the Optional Protocol widely known, particularly to children, through, inter alia, school curricula. The Committee encouraged the State party to provide more complete information on the budget allocations for the implementation of the Optional Protocol and National Action Plan on Trafficking.

Morocco

The Committee welcomed the submission of Morocco’s initial report and appreciated the written replies to its list of issues as well as the frank and open dialogue with the competent delegation. The Committee welcomed a number of measures taken by the State party to implement and strengthen the protection of the rights covered by the Optional Protocol, including changes in the Penal Code criminalizing child pornography, sex tourism, sexual abuse and trafficking in persons. The Committee further welcomed the fact that the State party was the focal point for the Arab-African region on follow up to the Yokohama declaration and Action Plan; the launching of a campaign between 2003 and 2004 to fight sexual exploitation of children; the incorporation of the Optional Protocol into domestic law; and the establishment of specialized units within the police dealing with children and with cyber criminality.

While the Committee took note of the information that various ministries and governmental bodies, as well as several NGOs, were involved in implementing the Optional Protocol, it regretted the lack of mechanisms for the periodic evaluation of its implementation and that the coordination on the matter was still insufficient. The Committee noted the elaboration of a National Plan of Action for Children (PANE) 2005-2015 which also targeted vulnerable groups. The Committee expressed appreciation for the State party’s efforts to raise awareness among the public about the provisions of the Optional Protocol and, in particular, it welcomed the organization of specific training courses offered to professional groups working with and for children. However, the Committee was concerned that information on sexual exploitation was still insufficient and almost inexistent on child pornography and sale of children and that there was also need to raise public awareness in order to change attitudes and behaviours towards these issues.

The Committee encouraged the State party to strengthen and consolidate coordination in the areas covered by the Optional Protocol and to establish mechanisms for the periodic evaluation of its implementation. The Committee recommended that the State party make a step further towards the adoption and implementation of the PANE and provide a specific budget allocation for its adequate implementation. The Committee recommended that the State party continue and strengthen measures to disseminate the provisions of the Optional Protocol among its population, especially children and parents, by using school curricula and appropriate material specifically for children. In particular, it recommended that the State party consider launching a national strategy of communication to combat all types of exploitation, abuse and violence against children that would include information and awareness-raising campaigns.



Optional Protocol on the Involvement of Children in Armed Conflict

Andorra

The Committee welcomed the submission of Andorra’s comprehensive report, which gave information on the implementation of the Optional Protocol. It appreciated the frank and constructive dialogue held with the high-level delegation. The Committee noted with appreciation the State party’s international and bilateral technical cooperation activities aimed at preventing the involvement of children in armed conflicts, and also noted with appreciation the financial support provided by the State party to United Nations programmes and funds. It also commended that resources had been allocated by the State party to non-governmental organizations directly or indirectly concerned with the involvement of children in armed conflicts and their rehabilitation.

The Committee noted that the State party did not have armed forces and that consequently there was no legal regulation of voluntary or compulsory recruitment. The absence of armed forces did not however exclude the possibility of individuals or groups undertaking efforts to recruit children for foreign armed forces or groups and the Committee was concerned that the recruitment of children was not explicitly mentioned as crime in the State party’s criminal code. The Committee requested that the State party provide information in its next report on refugee and migrant children within its jurisdiction who could have been involved in hostilities in their home country and on the assistance provided for their physical and psychological recovery and their social reintegration.

The Committee recommended that the State party take the necessary legislative measures to criminalize recruitment of children and for the inclusion of this crime in its criminal code, which established extraterritorial jurisdiction. The Committee, acknowledging the considerable efforts of the State party in this regard, recommended that the State party increase its activities and support for the implementation of the Optional Protocol in other State parties and to provide information on the results achieved in its next report.

Bangladesh

The Committee welcomed the timely submission of Bangladesh’s report, the replies to the list of issues and appreciated the efforts of the delegation to respond to the Committee’s questions during the dialogue. The Committee noted with appreciation measures taken by the State party to implement and strengthen the protection of the rights covered by the Optional Protocol, in particular the technical cooperation activities directed at protecting children in armed conflicts carried out in collaboration with the International Committee of the Red Cross, and the National Society of the Red Crescent. It further welcomed the ratification by the State party of both Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography.

The Committee welcomed the work done by the Convention on the Rights of the Child Standing Committee to ensure the implementation of the Convention and its Protocols. The Committee noted the implementation of the “Empowerment and protection of children and women” project and of the National Plan of Action against sexual abuse and exploitation of children, including trafficking. However, the Committee regretted the lack of information available on the degree to which the Optional Protocol on the involvement of children in armed conflict was part of the National Plan of Action and its implementation. The Committee welcomed the dissemination of information related to international humanitarian law and child rights, but remained concerned at the generally low level of knowledge in the country about international humanitarian law and child rights in general, and about the Optional Protocol on the involvement of children in armed conflict in particular.

The Committee recommended that the State party set in law the minimum age for recruitment and deployment; and ensured that its laws guarantee the prosecution of persons responsible of recruitment of children under the legally permitted age and/ or the use of children in military activities. The Committee recommended that the State party ensure that all relevant professional groups, in particular military personnel, be systematically trained on the provisions of the Convention and its Protocol on the involvement of children in armed conflict. It recommended that the State party develop and strengthen measures to effectively guarantee: that no child under 16 years be enrolled in the army or in the police forces, by establishing and systematically implementing safeguards to verify the age of volunteers; that recruitment of children under-18 years be genuinely voluntary, based on an informed decision and only occurred with prior consent of the parents or legal guardians; and that as few number as possible of children under-18 be enlisted.

Switzerland

The Committee welcomed the submission of the State party’s initial report, which gave detailed information on the legislative, administrative, judicial and other measures applicable in Switzerland in respect of the rights guaranteed by the Optional Protocol. The Committee noted with appreciation that the conscription of persons under the age of 18 was clearly prohibited in the Swiss federal laws. In addition the Committee welcomed that the State party did not allow for a lowering of the age of compulsory or voluntary recruitment in exceptional circumstances. The Committee noted with appreciation that the State party’s authorisation of foreign trade in war material followed certain criteria and paid particular attention to the use of children as soldiers in the receiving country. The Committee also commended the State party’s financial support to the UN specialized agencies and numerous international organizations and non-governmental organizations working to address the issue of children in armed conflicts.

The Committee noted with regret the amendment of article 9 of the Military Penal Code of 23 December 2003, which entered into force on 1 June 2004, because it limited the State party’s extraterritorial jurisdiction to the prosecution of alleged perpetrators of war crimes to persons with a close link to Switzerland. The Committee particularly regretted that the State party’s laws did not establish jurisdiction for cases in which the victim had a close link to Switzerland. The Committee noted that the State party was a country of destination of asylum-seeking and migrant children coming from war-torn countries, and noted with concern that authorities who interviewed children applying for asylum received no special training for dealing appropriately with children affected by military activities and armed conflicts. Furthermore, it was also concerned about the lack of specific integration programmes or activities for former child soldiers.

The Committee recommended that the State party: review the recent amendment of article 9 of the Military Penal Code with a view to restoring its full jurisdiction over war crimes, such as conscripting or enlisting children under the age of 15 into the national armed forces or using them to participate actively in hostilities; establish extraterritorial jurisdiction in cases in which the victim had a close link to Switzerland; and establish national jurisdiction for the prosecution of persons who recruited children of the age of 15, 16 or 17 in Switzerland for military activities abroad. The Committee recommended that the State party pay particular attention to the asylum-seeking, refugee and migrant children entering Switzerland who could have been involved in armed conflicts and provide them with immediate culturally sensitive multidisciplinary assistance for their physical and psychological recovery and their social reintegration and specific accommodation facilities designed for minors.

For use of the information media; not an official record

CRC06019E