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COMMITTEE ON RIGHTS OF CHILD CONCLUDES FORTY-FOURTH SESSION
02 February 2007
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Committee on the Rights of the Child
ROUND-UP
2 February 2007
COMMITTEE ON RIGHTS OF CHILD CONCLUDES FORTY-FOURTH SESSION
Issues Conclusions on Reports of Kenya, Mali, Honduras, Marshall Islands, Suriname, Malaysia and Chile
The Committee on the Rights of the Child today concluded its forty-fourth session and issued its conclusions and recommendations on the situation of children in Kenya, Mali, Honduras, the Marshall Islands, Suriname, Malaysia and Chile, 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 Costa Rica and Kyrgyzstan on efforts to comply with the Optional Protocols to the Convention on the sale of children, child prostitution and child pornography, and on the involvement of children in armed conflict, were also considered, and concluding observations issued on them.
At its present session, the Committee also adopted a General Comment on juvenile justice (CRC/C/GC/10), to help States parties in developing and implementing a comprehensive juvenile justice policy, as required by the Convention on the Rights of the Child.
Also agreed on was an outline for the Committee's next day of general discussion, to be held on 21 September 2007, on article 4 of the Convention. Article 4 requires States Parties to undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the Convention.
The Committee held its fourth informal meeting with States parties on Thursday, 1 February, in which it discussed its working methods, with an emphasis on the two-chamber system experience, follow-up to the Secretary-General's Study on Violence against Children, treaty body reform, and the relationship of treaty bodies with the Human Rights Council.
The mandates of nine Committee Experts expired after the present session. Those who were not eligible for re-election and would not be returning included the Chairperson, Jacob Egbert Doek of the Netherlands, as well as Committee Experts Awa N'Deye Ouedraogo of Burkina Faso, Norberto Liwski of Argentina, and Alison Anderson of Jamaica.
The Committee's next session will be held from 21 May to 8 June 2007 at the Palais Wilson in Geneva. Scheduled for consideration are the reports of Slovakia, the Maldives, Uruguay and Kazakhstan. Under the Optional Protocols on the sale of children, child prostitution and child pornography, Bangladesh, Guatemala, Ukraine and Sudan will present reports. On the Optional Protocol on the involvement of children in armed conflict, the reports of Guatemala, Monaco, Norway and Sweden are scheduled to be examined.
Final Observations and Recommendations on Reports Presented Under the Convention on the Rights of the Child
Kenya
Among the follow-up measures and progress achieved in the second periodic report of Kenya, the Committee noted with appreciation the enactment of legislation aimed at promoting and protecting the rights of the child, such as: the Children Act of 2001 and the creation of the National Council for Children Services; the Sexual Offences Act of 2006; and the Refugee Act of 2006. The Committee also welcomed the ratification or accession to, among others, the African Charter on the Rights and Welfare of the Child; the International Convention on the Elimination of All Forms of Racial Discrimination; ILO Convention No. 182 Concerning the Worst Forms of Child Labour; the Optional Protocol on the involvement of children in armed conflict; and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the UN Convention against Transnational Organized Crime.
The Committee expressed concern at the fact that discrimination against certain groups of children still existed in policy as well as in practice in Kenya, particularly with regard to the girl child, children of certain minorities such as pastoralists and hunter-gatherers, children with disabilities, refugee children and the children of asylum-seekers. The Committee also expressed concern at the de facto discrimination faced by children born out of wedlock, children infected with and/or affected by HIV/AIDS, orphans, street children and children born of Kenyan mothers and non-Kenyan fathers. It was also deeply concerned by the high percentage of children not registered at birth, especially in rural areas, and the restrictive measures around birth registration, the discrimination with regard to the registration of children born out of wedlock and of non-Kenyan fathers, as well as the lack of mechanisms and infrastructure to facilitate birth registrations. The Committee noted that, despite a clear prohibition in Kenyan legislation, reports of torture, cruel, inhuman and degrading treatment indicated that it still occurred in practice. In particular, it was concerned over the excessive use of force and shooting at children in Kisumu in October 2005, and was further concerned at reports indicating that rapes of girls by law enforcement agents have not been investigated. The Committee urged Kenya to: review its legislation; investigate and prosecute all cases of torture and ill-treatment of children; ensure that child victims were provided with appropriate services for care, recovery and reintegration; and continue its efforts to train professionals working with and for children in the identification, reporting and management of cases of ill-treatment.
The Committee was concerned at the particularly high HIV infection rates among adolescent girls and children under the age of five years, and was further concerned over the extremely high number of HIV/AIDS orphans and child-headed households. The Committee recommended that Kenya strengthen its efforts in combating the spread and effects of HIV/AIDS, in particular by effectively implementing its National Strategic Plan, policies and guidelines on HIV/AIDS, infant and child feeding and the programme for preventing mother-to-child transmission of HIV/AIDS; provide all pregnant women with adequate health and social services free of charge; systematically include comprehensive information about HIV/AIDS and sex education to youth, including confidential counselling and testing and the promotion of contraceptive use; and expand assistance to children orphaned and made vulnerable by HIV/AIDS. Finally, the Committee reiterated its concern that female genital mutilation was still widely practiced, especially among certain indigenous and minority groups, and recommended that Kenya strengthen its measures regarding the practice and early marriages and ensure that the prohibition was strictly enforced. It also recommended that Kenya conduct awareness-raising campaigns to combat and eradicate this and other traditional practices harmful to the health, survival and development of children, especially girls.
Mali
Among follow-up measures undertaken and progress achieved in the second periodic report of Mali, the Committee noted with appreciation the enactment of legislation, including a law of 2006, making birth registration free; a decree of 2005 providing free antiretroviral therapy; an Order of 2002, establishing the Child Protection Code; an Act of 2004, creating the National Centre for Documentation and Information on Women and the Child; and decrees of 1999 and 2002, laying down the conditions for the establishment and operation of private reception, listening, counselling and accommodation centres for children. The Committee also welcomed the ratification or accession of Mali to numerous international human rights instruments, including the Optional Protocols to the Convention on the Rights of the Child, in 2002; the Optional Protocol to the Convention against Torture, in 2005; the Hague Convention on Protection of Children and Inter-country Adoption, in 2006; and ILO Convention No. 182, concerning the elimination of the worst forms of child labour, in 2000.
The Committee regretted the absence of a comprehensive national plan of action for children covering all areas of the Convention, and was concerned that the budgets allocated for children represented a very low percentage of the gross domestic product of Mali. The Committee was further concerned that discrimination against girls and certain groups of children still existed in practice, particularly with regard to children with disabilities, children born out of wedlock, children of disadvantaged families and street children, including garibou. It urged Mali to adopt appropriate measures, including legislative, as well as a comprehensive strategy to combat discrimination on any ground and against all vulnerable groups of children including via educational public campaigns aiming at changing negative social attitudes in that regard. It also recommended that Mali continue its efforts of systematic birth registration for all children born within the national territory by, inter alia, strengthening the equipment of the mobile units, especially in rural and remote areas in order to reach the most disadvantaged populations.
The Committee was concerned that Malian law failed to prevent and penalize child abuse and neglect. Furthermore, it was concerned that there was a lack of psychological and social support, and an absence of legal and material assistance for victims. The Committee recommended that Mali adopt an inclusive and rights-based legal framework which addressed child abuse and neglect; develop awareness-raising campaigns, with the involvement of children; and provide a 3-digit, toll-free, 24-hour national help line for children, among other things. The Committee also urged Mali to implement legislative measures regarding the prohibition of female genital mutilation and the prohibition of traditional marriage practices, including early and forced marriages, which were harmful to children and ensured that perpetrators were brought to justice, and to reinforce its sensitization programmes for practitioners and the general public to encourage change in traditional attitudes. The Committee remained deeply concerned about the high and increasing number of street and begging children (garibous) in Mali. It noted that these child beggars were pupils under the guardianship of Koranic education teachers called marabouts, and was concerned at their vulnerability to all forms of violence, sexual abuse and exploitation and economic exploitation. The Committee recommended that Mali undertake a study and assessment of the situation of those children and develop and implement, with the active involvement of concerned children and non-governmental organizations, a comprehensive policy which addressed the root causes, in order to discourage, prevent and reduce child begging, and that it seek technical assistance from UNICEF in that regard.
Honduras
Following its consideration of the third periodic report of Honduras, the Committee welcomed the adoption of the National Plan of Opportunities for Children and Adolescents in 2005. The Committee further welcomed the establishment of an inter-institutional Commission against the Commercial Sexual Exploitation of Children and Adolescents in 2002. Finally, the Committee welcomed Honduras' adherence to a number of international instruments, including the Optional Protocols to the Convention on the Rights of the Child, in 2002; the Convention on the Elimination of all Forms of Racial Discrimination, in 2002; the Convention on Migrant Workers, in 2006; ILO Convention No. 182, concerning the elimination of the worst forms of child labour, in 2001; and the Inter-American Convention on the Forced Disappearances of Persons, in 2005.
The Committee noted that its concerns expressed in previous concluding observations about the use of the biological criterion to set different ages of maturity between boys and girls (i.e. that childhood ends at 12 years for males and 14 for females, while adolescence starts at these ages and ends at 18 years) remained valid. The Committee was also concerned at the persistence of traditional patriarchal cultural attitudes that discriminated against girls, making them more vulnerable to human rights violations. The Committee urged Honduras to continue revising its legislation; to combat discrimination by ensuring equal access to education, health care facilities and poverty alleviation programmes and pay special attention to the position of the girls; and to carry out comprehensive public education campaigns to prevent and combat all forms of discrimination.
The Committee was extremely concerned at the very high number of disappearances and extrajudicial killings of children, including at hands of members of the police force, and in particular that many of the perpetrators had so far remained unpunished. The Committee recommended that Honduras continue to carry out a thorough investigation on the allegations of disappearances and extrajudicial killings of children and prosecute and adequately punish those responsible for these heinous acts. Furthermore, Honduras should systematically collect data and information on all violence and abuse against children and notably extrajudicial killings; ensure that the necessary earmarked budgets were provided to the special unit created to investigate those crimes; provide the family of the victims with adequate support and compensation; and address the root causes of these violent acts, including poverty and marginalization. The Committee noted the information that due to a repressive policy in combating "maras" the crime of "illicit association" had been interpreted too broadly. In that connection, the Committee was deeply concerned at the information that beatings during and after apprehension of persons below 18 were common. It was further concerned at the information that some of the children victims of extrajudicial killings appear to have been tortured before being killed. The Committee urged Honduras to take all necessary measures to prevent that children are subjected to torture or any other cruel, inhumane or degrading treatment or punishment in all circumstances, and in particular during or after their apprehension by law-enforcement officials.
Marshall Islands
In a technical review of the second periodic report of the Marshall Islands, the Committee noted with appreciation the enactment of the following legislation: the Adoption Act of 2002, which ensured the protection of children through legal safeguards and the creation of a supervisory agency; the Sale of Tobacco to Minors Act of 2003, prohibiting the sale of tobacco to persons under 18; the amended Birth Registration and Marriage Registration Act, which raised the legal age of marriage for girls from 16 to 18 years, bridging the disparity between the minimum legal age for the marriage of boys and girls; and the amended Criminal Code, which prohibited the use of corporal punishment against children as a disciplinary measure in penal institutions. The Committee also welcomed the State party's ratification of the Convention on the Elimination of All Form of Discrimination against Women.
The Committee was concerned at the absence of a national plan of action covering all areas of the Children's Convention, the absence of a holistic policy framework governing all aspects of children's well being, and the limited financial and human resource capacity of the National Nutrition and Children's Council. It also remained concerned that the principle of non-discrimination was not fully implemented for children living in outer islands and in disadvantaged urban communities, especially with regard to their access to adequate health and educational facilities, and that many children in urban areas were left unattended at home. Furthermore, the Committee remained concerned that single parenthood and teenage pregnancy are still common in the Marshall Islands. Furthermore, the reduction and subsequent termination of social work services, as well as at the lack of funding under the Compact Agreement available for child abuse prevention, were a cause for concern.
The Committee recommended that the Marshall Islands undertake measures to address the deficiencies in the area of education, inter alia, by increasing budgetary allocation to ensure access to free primary and quality education in all regions and to improve the physical infrastructure of educational facilities; strengthening efforts to bridge the gaps in the availability of education throughout the country, including the availability of school materials, drinking water, sanitation and transportation; promoting female enrolment and ensuring the reduction of the drop-out rate; providing assistance to children from disadvantaged families; strengthening vocational programmes for children; facilitating access to early childhood education; and including human rights education in the school curricula. On juvenile justice, the Committee recommended that the Marshall Islands adopt legislation setting a minimum age for criminal responsibility of at least 12 years, and consider increasing it in conformity with the principles enshrined in the Convention; ensure that persons below 18 that were detained as a measure of last resort, were placed in a setting in which the conditions of deprivation of liberty were in full compliance with international standards; and take measures to establish a Juvenile Court and ensure that judges, and other professionals working with children in conflict with the law were adequately trained.
Suriname
Among follow-up measures and progress achieved in the second periodic report of Suriname, the Committee welcomed Chile's ratification of the following instruments: ILO Convention No. 182 on the worst forms of child labour, in 2006; the Ottawa Convention on Landmines, in 2002; and the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, in 2002. The Committee also welcomed the finalization of the comprehensive Sector Wide Approach Plans for the education, health, housing and agriculture sectors.
The Committee was deeply concerned at the very slow process of enacting and implementing legislative changes, and that corporal punishment continued to be used in the schools, and was not prohibited in homes or alternative care contexts. While the Committee welcomed Suriname's subsidy programmes for households below a certain income level, it was concerned that the financial provisions of such programmes were very low and that children of families in crisis situations, and particularly in female-headed households, might end up in care facilities or police detention. In that connection, the Committee shared Suriname’s concern that there was a high level of institutional care in the country. It was also concerned that the Division for Youth Care had functioned poorly over the past years due to lack of qualified staff and budget cuts, and that the shelter for girls has been closed since 1994. Moreover, it regretted that no legal provisions had been made as of yet for the supervision and inspection of private institutions or for periodic review of placement of children in institutions, that there was no independent complaint mechanism for children in alternative care institutions, and that the "kweekjes" system of informal foster care continued.
The Committee shared Suriname’s concern over the alarming increase in physical or sexual child abuse in the country and the fact that changes to the legislation on sexual consent had not been approved, leaving children in a situation where they could not be adequately protected. The Committee reiterated its prior recommendation that all appropriate measures be taken to introduce mandatory reporting of abuse, including sexual abuse, of children. The Committee further recommended that Suriname take the necessary measures to reform legislation on sexual consent so as to provide children with adequate protection against sexual abuse, and the necessary measures to eliminate the shortage of alternative care and counselling services for children who have been abused and other vulnerable children. The Committee also noted with concern that early pregnancy, arranged marriages, drug and alcohol abuse, and mental health concerns among teens were increasing. It was particularly concerned about the information that AIDS has become one of the leading causes of mortality among children below the age of five years and that most children infected or affected by HIV/AIDS were placed in residential care facilities since there were no policies in place to strengthen the capacity of families and the community to provide care and support to these children. The Committee recommended that Suriname take appropriate legislative measures to address the issue of sexual exploitation; ensure that child victims were not criminalized or penalized; and implement appropriate policies and programmes for the prevention, recovery and social reintegration of child victims.
Malaysia
Among positive aspects in its initial report, the Committee commended Malaysia for its notable improvement in economic and social development, including continuous investments in health services, the protection infrastructure and the educational system. It noted with appreciation the establishment of the Ministry of Women, Family and Community Development in 2001, and the subsequent expansion of its responsibilities to include child issues and social development in general. The Committee welcomed the adoption of the Child Act 2001, which was guided by the principles of the Convention and aimed at providing every child with care, protection and psychosocial assistance. Furthermore, it noted with appreciation the establishment of Child Protection Teams to coordinate support services at the community level for children in need of care and protection and families in crisis.
The Committee was concerned at the slow pace of enacting and reforming laws related to the implementation of the Convention. Furthermore, it was concerned about the existence of disparities in national laws: for example, in the Children and Young Persons (Employment) Act, a child was defined as any person under 14, while the Child Act 2001 defined a child as a person under 18. The Committee welcomed the information that Malaysia would amend the Essential (Security Cases) Regulations of 1975 to abolish the imposition of capital punishment on children. However, it noted with grave concern that Malaysia had not yet withdrawn its reservation to article 37 of the Convention (prohibiting torture and regulating deprivation of liberty situations for children). The Committee urged Malaysia to immediately abolish all forms of cruel, inhuman or degrading punishments, including caning and other form of corporal punishment imposed on persons having committed a crime when under the age of 18 years and as a disciplinary measure in penal institutions.
The Committee noted with grave concern that domestic violence, including violence against children in the family, remained a serious problem in Malaysia and that, due to the strong social and cultural taboos, victims and witnesses rarely reported those cases. The Committee urged Malaysia, inter alia, to develop a comprehensive national strategy to prevent and respond to domestic violence, ill-treatment of children and child abuse; that it further adopt adequate measures and policies to contribute to changing attitudes and cultural practices; that it strengthen the existing mechanisms and procedures to receive, monitor and investigate complaints on child abuse and neglect; that it prohibit by law all forms of corporal punishment in the home; and that it continue to sensitize and educate parents, guardians and professionals working with and for children to the harmful impact of violent forms of “discipline”. The Committee was alarmed at the high number of migrant domestic workers in Malaysia, including child domestic workers who worked under conditions that were hazardous and interfered with their education. The Committee recommended, among other things, that Malaysia amend the Children and Young Persons (Employment) Act and other relevant laws and regulations to ensure that acceptable conditions of permissible work were clearly and strictly detailed and that the national labour provisions fully complied with international labour standards, and that it vigorously pursue enforcement of minimum-age standards and ensure that all working children, including those in the informal sector, had access to free and compulsory primary education as well as to secondary education.
Chile
Having considered the third periodic report of Chile, the Committee noted with appreciation the adoption of many legislative and programmatic measures taken to implement the Convention, including: the Constitutional reform of 2003 extending compulsory schooling to a minimum of 12 years; the establishment of the Universal Access to Healthcare with Explicit Guarantees healthcare plan; and the establishment of Offices for the Protection of the Rights of Children. It also welcomed the ratification or accession by Chile to the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities, in 2002; the two Optional Protocols to the Convention on the Rights of the Child, in 2003; the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, to the UN Convention against Transnational Organized Crime, in 2004; and the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, in 2005.
The Committee reiterated its concern that the State party had not completed the process of the reform of the Juvenile Act of 1967 in order to provide comprehensive protection for all children and establish a clear distinction between children in need of protection and children in conflict with the law, in procedural and other actions. It also reiterated its concern over the absence of an independent National Human Rights Institution in order to provide an accessible complaint and redress mechanism for children. The Committee urged Chile to continue to support the National Commission on Political Imprisonment and Torture, in order to ensure that all cases of abuse of persons during the military rule, including of those who were children at the time, were fully investigated and that victims were provided with adequate and comprehensive reparations. The Committee encouraged Chile to ratify the Optional Protocol to the Convention against Torture and the Statue of the International Criminal Court. In that regard, the Committee was concerned that children continued to be submitted to cruel, inhuman and degrading treatment by law enforcement officials, including in detention facilities. Furthermore, it was concerned over reports indicating excessive use of force and arbitrary detentions by police during student demonstrations in 2006.
Despite government efforts to counter intra-family violence, the Committee was concerned that the incidence of violence and sexual abuse against children was rising, and it regretted the lack of updated statistics on victims of reported cases of violence, especially sexual and intra-family, the limited number of investigations and sanctions in relation to such cases and the lack of available physical and psychological recovery and social reintegration measures. The Committee urged Chile to reinforce mechanisms for monitoring the number of cases and the extent of violence, sexual abuse, neglect, maltreatment or exploitation, including within the family, schools, in institutional or other care; ensure that professionals working with children received training on their obligation to report and take appropriate action in suspected cases of domestic violence; strengthen support for victims of violence, abuse, neglect and maltreatment in order to ensure their access to adequate services for recovery, counselling and other forms of reintegration; and support national coverage of a 24 hours three digit toll-free child help line service, in order to be able to reach out to children in remote areas throughout the country.
Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography
Costa Rica
Following its consideration of the initial report of Costa Rica, the Committee noted with appreciation the setting up, in 1999, of a unit to combat sexual exploitation of children within the Ministry of Public Security of Costa Rica, and of a specialized unit within the Judicial Investigation Department. It also noted with appreciation the establishment of the National Commission to Combat the Commercial Sexual Exploitation of Children and Adolescents, and the participation of non-governmental organizations in that Commission. Also appreciated was the setting up in 2006 of the “Programme for the Integral Care of Children and Adolescents At Risk and in Vulnerable Situations”, a project implemented by the National Child Welfare Agency offices at local level, and the ratification, in 2003, of the Convention against Transnational Organized Crime and its two supplementing protocols, to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and against the Smuggling of Migrants.
The Committee was concerned that, despite Costa Rica's efforts, there still appeared to be a wide tolerance towards the offences covered by the Optional Protocol. It was further concerned that possession of child pornography was not yet fully covered under the State party’s criminal law, although a Bill to that effect had been submitted to the Congress, and that a rights-based victim care system that took account of sex and age was still lacking, and that the protection and care of child victims suffered from a shortage of resources. It was additionally concerned that the practice of purchasing sexual services from children is still socially acceptable especially among men and that Costa Rica is increasingly becoming a popular destination for sex tourism. The Committee recommended that Costa Rica continue to take measures to tackle the increasing problem of sex tourism involving children, including by strengthening awareness-raising campaigns containing specific messages on child rights and on the existing sanctions on child abusers. Costa Rica should also take appropriate measures aimed at effectively prohibiting the production and dissemination of material advertising the offences described in the Protocol.
Kyrgyzstan
Among positive aspects in Kyrgyzstan's initial report, the Committee noted with appreciation the Agreement on Labour Activity and Social Protection of Migrants Employed in Agriculture in Border Areas, signed by Kyrgyzstan and Kazakhstan in 2002; the Presidential Decree of 2002 on measures to combat the smuggling and trafficking of persons in the Kyrgyz Republic; and the adoption of the Code of the Kyrgyz Republic on Children in 2006.
The Committee welcomed the establishment of the “New Generation” programme on trafficking in and commercial and sexual exploitation of children, however, it was concerned at the absence of a specific plan of action in this area. Furthermore, the Committee was concerned that existing financial resources provided to the “New Generation” programme were insufficient and that the coordination and cooperation between different bodies was not fully effective. The Committee was also concerned that measures undertaken for the physical and psychological recovery of child victims of sale, child prostitution and child pornography were exclusively carried out by non-governmental organizations and that no funds were specifically allocated by the State party for the support of child victims. The Committee recommended that Kyrgyzstan ensure that child victims of exploitation and abuse were neither criminalized nor penalized and that all possible measures be taken to avoid the stigmatization and social marginalization of those children. It recommended that Kyrgyzstan pay particular attention to the situation of vulnerable groups of children who were at particular risk of being exploited and abused. More attention should also be devoted to raising awareness among those children of their rights. The Committee encouraged Kyrgyzstan to undertake regional an international judicial, police and victim-oriented cooperation activities with other States with a view to preventing and combating the sale of children, child prostitution and child pornography.
Optional Protocol on the Involvement of Children in Armed Conflict
Costa Rica
Among positive aspects in the initial report of Costa Rica, the Committee welcomed that, since the armed forces were abolished in the 1949 Constitution, national law prohibited both voluntary and compulsory enlistment; and that only persons over 18 could be recruited in the police forces – which were in any case of civilian nature. The Committee also welcomed Costa Rica's ratification of: the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography; ILO Convention 182 concerning the Worst Forms of Child Labour; and the Rome Statute of the International Criminal Court.
The Committee recommended that Costa Rica explicitly prohibit by law the recruitment of children under the age of 15 years into armed forces or groups and their direct participation in hostilities; explicitly prohibit by law the violation of the provisions of the Optional Protocol regarding the recruitment and involvement of children in hostilities; establish extraterritorial jurisdiction for those crimes when they were committed by or against a person who was a citizen of or had other links with the State Party; and stipulate explicitly that military personnel should not undertake any act that violated the rights enshrined in the Optional Protocol regardless of any military order to that effect. The Committee noted Costa Rica’s view that, due to the absence of conflicts and of armed forces, measures concerning the disarmament, demobilization or social reintegration of child soldiers were not relevant. However, Costa Rica was a country of destination of asylum-seekers and migrants, including children - some of whom might come from countries affected by armed conflict – and the Committee regretted the lack of information about measures adopted with regard to their identification, physical and psychological recovery and social reintegration. In that regard, it recommended that Costa Rica identify refugee, asylum-seeking and migrant children entering Costa Rica who might have been recruited or used in hostilities contrary to the Protocol; that it carefully assess the situation of those children and provide them with immediate, culturally sensitive and multidisciplinary assistance for their physical and psychological recovery and their social reintegration; and that it include information on measures adopted in that respect in its next report.
Kyrgyzstan
Following its review of the initial report of Kyrgyzstan, the Committee noted with appreciation Kyrgyzstan's ratification of seven human rights treaties, ratification of ILO Convention No. 182 concerning the elimination of the worst forms of child labour in 2004, and the adoption of the Code of the Kyrgyz Republic on Children in June 2006. The Committee welcomed that mandatory Military Service in Kyrgyzstan began at age 18 and that no derogation was accepted, and that the Criminal Code provided criminal penalties for the use of minors in armed conflicts.
The Committee was concerned that there was no specific provision providing extraterritorial jurisdiction in case of recruitment of a child of Kyrgyz nationality outside the country, or recruitment of children by a Kyrgyz citizen, or a person that had other links with the State party, outside Kyrgyzstan. Moreover, the Committee was concerned that small arms and light weapons might be exported to countries where persons who have not attained the age of 18 took a direct part in hostilities. The Committee recommended that Kyrgyzstan speedily establish a permanent mechanism to coordinate the policies and activities on children’s rights, including the appropriate and effective coordination and regular evaluation of the implementation of the Optional Protocol. Furthermore, the Committee recommended that children attending military schools be provided with access to a complaint and investigation mechanism, and that Kyrgyzstan provide further information on training in the use of weapons in regular schools. Finally, the Committee encouraged the State party to continue and strengthen protection for asylum seeking, refugee and migrant children living in Kyrgyzstan who might have been recruited or used in hostilities in their country of origin.
General Comment on Juvenile Justice
In a General Comment on Children's Rights in Juvenile Justice (CRC/C/GC/10), the Committee noted that the Convention on the Rights of the Child required State parties to develop and implement a comprehensive juvenile justice policy. The objectives of the General Comment were to encourage States parties to develop and implement a comprehensive juvenile justice policy to prevent and address juvenile delinquency based on compliance with the Convention, and to seek in that regard advice and support from the Interagency Panel on Juvenile Justice, with representatives of the Office of the High Commissioner for Human Rights, UNICEF, the United Nations Office on Drugs and Crime and non-governmental organizations, established by Economic and Social Council resolution 1997/30. It also sought to provide States parties with guidance and recommendations for the content of this juvenile justice policy, with special attention to prevention of juvenile delinquency, the introduction of alternative measures allowing for responses to juvenile delinquency without resorting to judicial procedures, and the interpretation and implementation of all other provisions in articles 37 and 40 of the Convention. Finally, it aimed to promote the integration of other international standards in a national and comprehensive juvenile justice policy, in particular the UN Standard Rules for the Administration of Juvenile Justice, the UN Rules for the Protection of Juveniles Deprived of Their Liberty, and the UN Guidelines for the Prevention of Juvenile Delinquency.
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ROUND-UP
2 February 2007
COMMITTEE ON RIGHTS OF CHILD CONCLUDES FORTY-FOURTH SESSION
Issues Conclusions on Reports of Kenya, Mali, Honduras, Marshall Islands, Suriname, Malaysia and Chile
The Committee on the Rights of the Child today concluded its forty-fourth session and issued its conclusions and recommendations on the situation of children in Kenya, Mali, Honduras, the Marshall Islands, Suriname, Malaysia and Chile, 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 Costa Rica and Kyrgyzstan on efforts to comply with the Optional Protocols to the Convention on the sale of children, child prostitution and child pornography, and on the involvement of children in armed conflict, were also considered, and concluding observations issued on them.
At its present session, the Committee also adopted a General Comment on juvenile justice (CRC/C/GC/10), to help States parties in developing and implementing a comprehensive juvenile justice policy, as required by the Convention on the Rights of the Child.
Also agreed on was an outline for the Committee's next day of general discussion, to be held on 21 September 2007, on article 4 of the Convention. Article 4 requires States Parties to undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the Convention.
The Committee held its fourth informal meeting with States parties on Thursday, 1 February, in which it discussed its working methods, with an emphasis on the two-chamber system experience, follow-up to the Secretary-General's Study on Violence against Children, treaty body reform, and the relationship of treaty bodies with the Human Rights Council.
The mandates of nine Committee Experts expired after the present session. Those who were not eligible for re-election and would not be returning included the Chairperson, Jacob Egbert Doek of the Netherlands, as well as Committee Experts Awa N'Deye Ouedraogo of Burkina Faso, Norberto Liwski of Argentina, and Alison Anderson of Jamaica.
The Committee's next session will be held from 21 May to 8 June 2007 at the Palais Wilson in Geneva. Scheduled for consideration are the reports of Slovakia, the Maldives, Uruguay and Kazakhstan. Under the Optional Protocols on the sale of children, child prostitution and child pornography, Bangladesh, Guatemala, Ukraine and Sudan will present reports. On the Optional Protocol on the involvement of children in armed conflict, the reports of Guatemala, Monaco, Norway and Sweden are scheduled to be examined.
Final Observations and Recommendations on Reports Presented Under the Convention on the Rights of the Child
Kenya
Among the follow-up measures and progress achieved in the second periodic report of Kenya, the Committee noted with appreciation the enactment of legislation aimed at promoting and protecting the rights of the child, such as: the Children Act of 2001 and the creation of the National Council for Children Services; the Sexual Offences Act of 2006; and the Refugee Act of 2006. The Committee also welcomed the ratification or accession to, among others, the African Charter on the Rights and Welfare of the Child; the International Convention on the Elimination of All Forms of Racial Discrimination; ILO Convention No. 182 Concerning the Worst Forms of Child Labour; the Optional Protocol on the involvement of children in armed conflict; and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the UN Convention against Transnational Organized Crime.
The Committee expressed concern at the fact that discrimination against certain groups of children still existed in policy as well as in practice in Kenya, particularly with regard to the girl child, children of certain minorities such as pastoralists and hunter-gatherers, children with disabilities, refugee children and the children of asylum-seekers. The Committee also expressed concern at the de facto discrimination faced by children born out of wedlock, children infected with and/or affected by HIV/AIDS, orphans, street children and children born of Kenyan mothers and non-Kenyan fathers. It was also deeply concerned by the high percentage of children not registered at birth, especially in rural areas, and the restrictive measures around birth registration, the discrimination with regard to the registration of children born out of wedlock and of non-Kenyan fathers, as well as the lack of mechanisms and infrastructure to facilitate birth registrations. The Committee noted that, despite a clear prohibition in Kenyan legislation, reports of torture, cruel, inhuman and degrading treatment indicated that it still occurred in practice. In particular, it was concerned over the excessive use of force and shooting at children in Kisumu in October 2005, and was further concerned at reports indicating that rapes of girls by law enforcement agents have not been investigated. The Committee urged Kenya to: review its legislation; investigate and prosecute all cases of torture and ill-treatment of children; ensure that child victims were provided with appropriate services for care, recovery and reintegration; and continue its efforts to train professionals working with and for children in the identification, reporting and management of cases of ill-treatment.
The Committee was concerned at the particularly high HIV infection rates among adolescent girls and children under the age of five years, and was further concerned over the extremely high number of HIV/AIDS orphans and child-headed households. The Committee recommended that Kenya strengthen its efforts in combating the spread and effects of HIV/AIDS, in particular by effectively implementing its National Strategic Plan, policies and guidelines on HIV/AIDS, infant and child feeding and the programme for preventing mother-to-child transmission of HIV/AIDS; provide all pregnant women with adequate health and social services free of charge; systematically include comprehensive information about HIV/AIDS and sex education to youth, including confidential counselling and testing and the promotion of contraceptive use; and expand assistance to children orphaned and made vulnerable by HIV/AIDS. Finally, the Committee reiterated its concern that female genital mutilation was still widely practiced, especially among certain indigenous and minority groups, and recommended that Kenya strengthen its measures regarding the practice and early marriages and ensure that the prohibition was strictly enforced. It also recommended that Kenya conduct awareness-raising campaigns to combat and eradicate this and other traditional practices harmful to the health, survival and development of children, especially girls.
Mali
Among follow-up measures undertaken and progress achieved in the second periodic report of Mali, the Committee noted with appreciation the enactment of legislation, including a law of 2006, making birth registration free; a decree of 2005 providing free antiretroviral therapy; an Order of 2002, establishing the Child Protection Code; an Act of 2004, creating the National Centre for Documentation and Information on Women and the Child; and decrees of 1999 and 2002, laying down the conditions for the establishment and operation of private reception, listening, counselling and accommodation centres for children. The Committee also welcomed the ratification or accession of Mali to numerous international human rights instruments, including the Optional Protocols to the Convention on the Rights of the Child, in 2002; the Optional Protocol to the Convention against Torture, in 2005; the Hague Convention on Protection of Children and Inter-country Adoption, in 2006; and ILO Convention No. 182, concerning the elimination of the worst forms of child labour, in 2000.
The Committee regretted the absence of a comprehensive national plan of action for children covering all areas of the Convention, and was concerned that the budgets allocated for children represented a very low percentage of the gross domestic product of Mali. The Committee was further concerned that discrimination against girls and certain groups of children still existed in practice, particularly with regard to children with disabilities, children born out of wedlock, children of disadvantaged families and street children, including garibou. It urged Mali to adopt appropriate measures, including legislative, as well as a comprehensive strategy to combat discrimination on any ground and against all vulnerable groups of children including via educational public campaigns aiming at changing negative social attitudes in that regard. It also recommended that Mali continue its efforts of systematic birth registration for all children born within the national territory by, inter alia, strengthening the equipment of the mobile units, especially in rural and remote areas in order to reach the most disadvantaged populations.
The Committee was concerned that Malian law failed to prevent and penalize child abuse and neglect. Furthermore, it was concerned that there was a lack of psychological and social support, and an absence of legal and material assistance for victims. The Committee recommended that Mali adopt an inclusive and rights-based legal framework which addressed child abuse and neglect; develop awareness-raising campaigns, with the involvement of children; and provide a 3-digit, toll-free, 24-hour national help line for children, among other things. The Committee also urged Mali to implement legislative measures regarding the prohibition of female genital mutilation and the prohibition of traditional marriage practices, including early and forced marriages, which were harmful to children and ensured that perpetrators were brought to justice, and to reinforce its sensitization programmes for practitioners and the general public to encourage change in traditional attitudes. The Committee remained deeply concerned about the high and increasing number of street and begging children (garibous) in Mali. It noted that these child beggars were pupils under the guardianship of Koranic education teachers called marabouts, and was concerned at their vulnerability to all forms of violence, sexual abuse and exploitation and economic exploitation. The Committee recommended that Mali undertake a study and assessment of the situation of those children and develop and implement, with the active involvement of concerned children and non-governmental organizations, a comprehensive policy which addressed the root causes, in order to discourage, prevent and reduce child begging, and that it seek technical assistance from UNICEF in that regard.
Honduras
Following its consideration of the third periodic report of Honduras, the Committee welcomed the adoption of the National Plan of Opportunities for Children and Adolescents in 2005. The Committee further welcomed the establishment of an inter-institutional Commission against the Commercial Sexual Exploitation of Children and Adolescents in 2002. Finally, the Committee welcomed Honduras' adherence to a number of international instruments, including the Optional Protocols to the Convention on the Rights of the Child, in 2002; the Convention on the Elimination of all Forms of Racial Discrimination, in 2002; the Convention on Migrant Workers, in 2006; ILO Convention No. 182, concerning the elimination of the worst forms of child labour, in 2001; and the Inter-American Convention on the Forced Disappearances of Persons, in 2005.
The Committee noted that its concerns expressed in previous concluding observations about the use of the biological criterion to set different ages of maturity between boys and girls (i.e. that childhood ends at 12 years for males and 14 for females, while adolescence starts at these ages and ends at 18 years) remained valid. The Committee was also concerned at the persistence of traditional patriarchal cultural attitudes that discriminated against girls, making them more vulnerable to human rights violations. The Committee urged Honduras to continue revising its legislation; to combat discrimination by ensuring equal access to education, health care facilities and poverty alleviation programmes and pay special attention to the position of the girls; and to carry out comprehensive public education campaigns to prevent and combat all forms of discrimination.
The Committee was extremely concerned at the very high number of disappearances and extrajudicial killings of children, including at hands of members of the police force, and in particular that many of the perpetrators had so far remained unpunished. The Committee recommended that Honduras continue to carry out a thorough investigation on the allegations of disappearances and extrajudicial killings of children and prosecute and adequately punish those responsible for these heinous acts. Furthermore, Honduras should systematically collect data and information on all violence and abuse against children and notably extrajudicial killings; ensure that the necessary earmarked budgets were provided to the special unit created to investigate those crimes; provide the family of the victims with adequate support and compensation; and address the root causes of these violent acts, including poverty and marginalization. The Committee noted the information that due to a repressive policy in combating "maras" the crime of "illicit association" had been interpreted too broadly. In that connection, the Committee was deeply concerned at the information that beatings during and after apprehension of persons below 18 were common. It was further concerned at the information that some of the children victims of extrajudicial killings appear to have been tortured before being killed. The Committee urged Honduras to take all necessary measures to prevent that children are subjected to torture or any other cruel, inhumane or degrading treatment or punishment in all circumstances, and in particular during or after their apprehension by law-enforcement officials.
Marshall Islands
In a technical review of the second periodic report of the Marshall Islands, the Committee noted with appreciation the enactment of the following legislation: the Adoption Act of 2002, which ensured the protection of children through legal safeguards and the creation of a supervisory agency; the Sale of Tobacco to Minors Act of 2003, prohibiting the sale of tobacco to persons under 18; the amended Birth Registration and Marriage Registration Act, which raised the legal age of marriage for girls from 16 to 18 years, bridging the disparity between the minimum legal age for the marriage of boys and girls; and the amended Criminal Code, which prohibited the use of corporal punishment against children as a disciplinary measure in penal institutions. The Committee also welcomed the State party's ratification of the Convention on the Elimination of All Form of Discrimination against Women.
The Committee was concerned at the absence of a national plan of action covering all areas of the Children's Convention, the absence of a holistic policy framework governing all aspects of children's well being, and the limited financial and human resource capacity of the National Nutrition and Children's Council. It also remained concerned that the principle of non-discrimination was not fully implemented for children living in outer islands and in disadvantaged urban communities, especially with regard to their access to adequate health and educational facilities, and that many children in urban areas were left unattended at home. Furthermore, the Committee remained concerned that single parenthood and teenage pregnancy are still common in the Marshall Islands. Furthermore, the reduction and subsequent termination of social work services, as well as at the lack of funding under the Compact Agreement available for child abuse prevention, were a cause for concern.
The Committee recommended that the Marshall Islands undertake measures to address the deficiencies in the area of education, inter alia, by increasing budgetary allocation to ensure access to free primary and quality education in all regions and to improve the physical infrastructure of educational facilities; strengthening efforts to bridge the gaps in the availability of education throughout the country, including the availability of school materials, drinking water, sanitation and transportation; promoting female enrolment and ensuring the reduction of the drop-out rate; providing assistance to children from disadvantaged families; strengthening vocational programmes for children; facilitating access to early childhood education; and including human rights education in the school curricula. On juvenile justice, the Committee recommended that the Marshall Islands adopt legislation setting a minimum age for criminal responsibility of at least 12 years, and consider increasing it in conformity with the principles enshrined in the Convention; ensure that persons below 18 that were detained as a measure of last resort, were placed in a setting in which the conditions of deprivation of liberty were in full compliance with international standards; and take measures to establish a Juvenile Court and ensure that judges, and other professionals working with children in conflict with the law were adequately trained.
Suriname
Among follow-up measures and progress achieved in the second periodic report of Suriname, the Committee welcomed Chile's ratification of the following instruments: ILO Convention No. 182 on the worst forms of child labour, in 2006; the Ottawa Convention on Landmines, in 2002; and the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, in 2002. The Committee also welcomed the finalization of the comprehensive Sector Wide Approach Plans for the education, health, housing and agriculture sectors.
The Committee was deeply concerned at the very slow process of enacting and implementing legislative changes, and that corporal punishment continued to be used in the schools, and was not prohibited in homes or alternative care contexts. While the Committee welcomed Suriname's subsidy programmes for households below a certain income level, it was concerned that the financial provisions of such programmes were very low and that children of families in crisis situations, and particularly in female-headed households, might end up in care facilities or police detention. In that connection, the Committee shared Suriname’s concern that there was a high level of institutional care in the country. It was also concerned that the Division for Youth Care had functioned poorly over the past years due to lack of qualified staff and budget cuts, and that the shelter for girls has been closed since 1994. Moreover, it regretted that no legal provisions had been made as of yet for the supervision and inspection of private institutions or for periodic review of placement of children in institutions, that there was no independent complaint mechanism for children in alternative care institutions, and that the "kweekjes" system of informal foster care continued.
The Committee shared Suriname’s concern over the alarming increase in physical or sexual child abuse in the country and the fact that changes to the legislation on sexual consent had not been approved, leaving children in a situation where they could not be adequately protected. The Committee reiterated its prior recommendation that all appropriate measures be taken to introduce mandatory reporting of abuse, including sexual abuse, of children. The Committee further recommended that Suriname take the necessary measures to reform legislation on sexual consent so as to provide children with adequate protection against sexual abuse, and the necessary measures to eliminate the shortage of alternative care and counselling services for children who have been abused and other vulnerable children. The Committee also noted with concern that early pregnancy, arranged marriages, drug and alcohol abuse, and mental health concerns among teens were increasing. It was particularly concerned about the information that AIDS has become one of the leading causes of mortality among children below the age of five years and that most children infected or affected by HIV/AIDS were placed in residential care facilities since there were no policies in place to strengthen the capacity of families and the community to provide care and support to these children. The Committee recommended that Suriname take appropriate legislative measures to address the issue of sexual exploitation; ensure that child victims were not criminalized or penalized; and implement appropriate policies and programmes for the prevention, recovery and social reintegration of child victims.
Malaysia
Among positive aspects in its initial report, the Committee commended Malaysia for its notable improvement in economic and social development, including continuous investments in health services, the protection infrastructure and the educational system. It noted with appreciation the establishment of the Ministry of Women, Family and Community Development in 2001, and the subsequent expansion of its responsibilities to include child issues and social development in general. The Committee welcomed the adoption of the Child Act 2001, which was guided by the principles of the Convention and aimed at providing every child with care, protection and psychosocial assistance. Furthermore, it noted with appreciation the establishment of Child Protection Teams to coordinate support services at the community level for children in need of care and protection and families in crisis.
The Committee was concerned at the slow pace of enacting and reforming laws related to the implementation of the Convention. Furthermore, it was concerned about the existence of disparities in national laws: for example, in the Children and Young Persons (Employment) Act, a child was defined as any person under 14, while the Child Act 2001 defined a child as a person under 18. The Committee welcomed the information that Malaysia would amend the Essential (Security Cases) Regulations of 1975 to abolish the imposition of capital punishment on children. However, it noted with grave concern that Malaysia had not yet withdrawn its reservation to article 37 of the Convention (prohibiting torture and regulating deprivation of liberty situations for children). The Committee urged Malaysia to immediately abolish all forms of cruel, inhuman or degrading punishments, including caning and other form of corporal punishment imposed on persons having committed a crime when under the age of 18 years and as a disciplinary measure in penal institutions.
The Committee noted with grave concern that domestic violence, including violence against children in the family, remained a serious problem in Malaysia and that, due to the strong social and cultural taboos, victims and witnesses rarely reported those cases. The Committee urged Malaysia, inter alia, to develop a comprehensive national strategy to prevent and respond to domestic violence, ill-treatment of children and child abuse; that it further adopt adequate measures and policies to contribute to changing attitudes and cultural practices; that it strengthen the existing mechanisms and procedures to receive, monitor and investigate complaints on child abuse and neglect; that it prohibit by law all forms of corporal punishment in the home; and that it continue to sensitize and educate parents, guardians and professionals working with and for children to the harmful impact of violent forms of “discipline”. The Committee was alarmed at the high number of migrant domestic workers in Malaysia, including child domestic workers who worked under conditions that were hazardous and interfered with their education. The Committee recommended, among other things, that Malaysia amend the Children and Young Persons (Employment) Act and other relevant laws and regulations to ensure that acceptable conditions of permissible work were clearly and strictly detailed and that the national labour provisions fully complied with international labour standards, and that it vigorously pursue enforcement of minimum-age standards and ensure that all working children, including those in the informal sector, had access to free and compulsory primary education as well as to secondary education.
Chile
Having considered the third periodic report of Chile, the Committee noted with appreciation the adoption of many legislative and programmatic measures taken to implement the Convention, including: the Constitutional reform of 2003 extending compulsory schooling to a minimum of 12 years; the establishment of the Universal Access to Healthcare with Explicit Guarantees healthcare plan; and the establishment of Offices for the Protection of the Rights of Children. It also welcomed the ratification or accession by Chile to the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities, in 2002; the two Optional Protocols to the Convention on the Rights of the Child, in 2003; the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, to the UN Convention against Transnational Organized Crime, in 2004; and the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, in 2005.
The Committee reiterated its concern that the State party had not completed the process of the reform of the Juvenile Act of 1967 in order to provide comprehensive protection for all children and establish a clear distinction between children in need of protection and children in conflict with the law, in procedural and other actions. It also reiterated its concern over the absence of an independent National Human Rights Institution in order to provide an accessible complaint and redress mechanism for children. The Committee urged Chile to continue to support the National Commission on Political Imprisonment and Torture, in order to ensure that all cases of abuse of persons during the military rule, including of those who were children at the time, were fully investigated and that victims were provided with adequate and comprehensive reparations. The Committee encouraged Chile to ratify the Optional Protocol to the Convention against Torture and the Statue of the International Criminal Court. In that regard, the Committee was concerned that children continued to be submitted to cruel, inhuman and degrading treatment by law enforcement officials, including in detention facilities. Furthermore, it was concerned over reports indicating excessive use of force and arbitrary detentions by police during student demonstrations in 2006.
Despite government efforts to counter intra-family violence, the Committee was concerned that the incidence of violence and sexual abuse against children was rising, and it regretted the lack of updated statistics on victims of reported cases of violence, especially sexual and intra-family, the limited number of investigations and sanctions in relation to such cases and the lack of available physical and psychological recovery and social reintegration measures. The Committee urged Chile to reinforce mechanisms for monitoring the number of cases and the extent of violence, sexual abuse, neglect, maltreatment or exploitation, including within the family, schools, in institutional or other care; ensure that professionals working with children received training on their obligation to report and take appropriate action in suspected cases of domestic violence; strengthen support for victims of violence, abuse, neglect and maltreatment in order to ensure their access to adequate services for recovery, counselling and other forms of reintegration; and support national coverage of a 24 hours three digit toll-free child help line service, in order to be able to reach out to children in remote areas throughout the country.
Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography
Costa Rica
Following its consideration of the initial report of Costa Rica, the Committee noted with appreciation the setting up, in 1999, of a unit to combat sexual exploitation of children within the Ministry of Public Security of Costa Rica, and of a specialized unit within the Judicial Investigation Department. It also noted with appreciation the establishment of the National Commission to Combat the Commercial Sexual Exploitation of Children and Adolescents, and the participation of non-governmental organizations in that Commission. Also appreciated was the setting up in 2006 of the “Programme for the Integral Care of Children and Adolescents At Risk and in Vulnerable Situations”, a project implemented by the National Child Welfare Agency offices at local level, and the ratification, in 2003, of the Convention against Transnational Organized Crime and its two supplementing protocols, to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and against the Smuggling of Migrants.
The Committee was concerned that, despite Costa Rica's efforts, there still appeared to be a wide tolerance towards the offences covered by the Optional Protocol. It was further concerned that possession of child pornography was not yet fully covered under the State party’s criminal law, although a Bill to that effect had been submitted to the Congress, and that a rights-based victim care system that took account of sex and age was still lacking, and that the protection and care of child victims suffered from a shortage of resources. It was additionally concerned that the practice of purchasing sexual services from children is still socially acceptable especially among men and that Costa Rica is increasingly becoming a popular destination for sex tourism. The Committee recommended that Costa Rica continue to take measures to tackle the increasing problem of sex tourism involving children, including by strengthening awareness-raising campaigns containing specific messages on child rights and on the existing sanctions on child abusers. Costa Rica should also take appropriate measures aimed at effectively prohibiting the production and dissemination of material advertising the offences described in the Protocol.
Kyrgyzstan
Among positive aspects in Kyrgyzstan's initial report, the Committee noted with appreciation the Agreement on Labour Activity and Social Protection of Migrants Employed in Agriculture in Border Areas, signed by Kyrgyzstan and Kazakhstan in 2002; the Presidential Decree of 2002 on measures to combat the smuggling and trafficking of persons in the Kyrgyz Republic; and the adoption of the Code of the Kyrgyz Republic on Children in 2006.
The Committee welcomed the establishment of the “New Generation” programme on trafficking in and commercial and sexual exploitation of children, however, it was concerned at the absence of a specific plan of action in this area. Furthermore, the Committee was concerned that existing financial resources provided to the “New Generation” programme were insufficient and that the coordination and cooperation between different bodies was not fully effective. The Committee was also concerned that measures undertaken for the physical and psychological recovery of child victims of sale, child prostitution and child pornography were exclusively carried out by non-governmental organizations and that no funds were specifically allocated by the State party for the support of child victims. The Committee recommended that Kyrgyzstan ensure that child victims of exploitation and abuse were neither criminalized nor penalized and that all possible measures be taken to avoid the stigmatization and social marginalization of those children. It recommended that Kyrgyzstan pay particular attention to the situation of vulnerable groups of children who were at particular risk of being exploited and abused. More attention should also be devoted to raising awareness among those children of their rights. The Committee encouraged Kyrgyzstan to undertake regional an international judicial, police and victim-oriented cooperation activities with other States with a view to preventing and combating the sale of children, child prostitution and child pornography.
Optional Protocol on the Involvement of Children in Armed Conflict
Costa Rica
Among positive aspects in the initial report of Costa Rica, the Committee welcomed that, since the armed forces were abolished in the 1949 Constitution, national law prohibited both voluntary and compulsory enlistment; and that only persons over 18 could be recruited in the police forces – which were in any case of civilian nature. The Committee also welcomed Costa Rica's ratification of: the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography; ILO Convention 182 concerning the Worst Forms of Child Labour; and the Rome Statute of the International Criminal Court.
The Committee recommended that Costa Rica explicitly prohibit by law the recruitment of children under the age of 15 years into armed forces or groups and their direct participation in hostilities; explicitly prohibit by law the violation of the provisions of the Optional Protocol regarding the recruitment and involvement of children in hostilities; establish extraterritorial jurisdiction for those crimes when they were committed by or against a person who was a citizen of or had other links with the State Party; and stipulate explicitly that military personnel should not undertake any act that violated the rights enshrined in the Optional Protocol regardless of any military order to that effect. The Committee noted Costa Rica’s view that, due to the absence of conflicts and of armed forces, measures concerning the disarmament, demobilization or social reintegration of child soldiers were not relevant. However, Costa Rica was a country of destination of asylum-seekers and migrants, including children - some of whom might come from countries affected by armed conflict – and the Committee regretted the lack of information about measures adopted with regard to their identification, physical and psychological recovery and social reintegration. In that regard, it recommended that Costa Rica identify refugee, asylum-seeking and migrant children entering Costa Rica who might have been recruited or used in hostilities contrary to the Protocol; that it carefully assess the situation of those children and provide them with immediate, culturally sensitive and multidisciplinary assistance for their physical and psychological recovery and their social reintegration; and that it include information on measures adopted in that respect in its next report.
Kyrgyzstan
Following its review of the initial report of Kyrgyzstan, the Committee noted with appreciation Kyrgyzstan's ratification of seven human rights treaties, ratification of ILO Convention No. 182 concerning the elimination of the worst forms of child labour in 2004, and the adoption of the Code of the Kyrgyz Republic on Children in June 2006. The Committee welcomed that mandatory Military Service in Kyrgyzstan began at age 18 and that no derogation was accepted, and that the Criminal Code provided criminal penalties for the use of minors in armed conflicts.
The Committee was concerned that there was no specific provision providing extraterritorial jurisdiction in case of recruitment of a child of Kyrgyz nationality outside the country, or recruitment of children by a Kyrgyz citizen, or a person that had other links with the State party, outside Kyrgyzstan. Moreover, the Committee was concerned that small arms and light weapons might be exported to countries where persons who have not attained the age of 18 took a direct part in hostilities. The Committee recommended that Kyrgyzstan speedily establish a permanent mechanism to coordinate the policies and activities on children’s rights, including the appropriate and effective coordination and regular evaluation of the implementation of the Optional Protocol. Furthermore, the Committee recommended that children attending military schools be provided with access to a complaint and investigation mechanism, and that Kyrgyzstan provide further information on training in the use of weapons in regular schools. Finally, the Committee encouraged the State party to continue and strengthen protection for asylum seeking, refugee and migrant children living in Kyrgyzstan who might have been recruited or used in hostilities in their country of origin.
General Comment on Juvenile Justice
In a General Comment on Children's Rights in Juvenile Justice (CRC/C/GC/10), the Committee noted that the Convention on the Rights of the Child required State parties to develop and implement a comprehensive juvenile justice policy. The objectives of the General Comment were to encourage States parties to develop and implement a comprehensive juvenile justice policy to prevent and address juvenile delinquency based on compliance with the Convention, and to seek in that regard advice and support from the Interagency Panel on Juvenile Justice, with representatives of the Office of the High Commissioner for Human Rights, UNICEF, the United Nations Office on Drugs and Crime and non-governmental organizations, established by Economic and Social Council resolution 1997/30. It also sought to provide States parties with guidance and recommendations for the content of this juvenile justice policy, with special attention to prevention of juvenile delinquency, the introduction of alternative measures allowing for responses to juvenile delinquency without resorting to judicial procedures, and the interpretation and implementation of all other provisions in articles 37 and 40 of the Convention. Finally, it aimed to promote the integration of other international standards in a national and comprehensive juvenile justice policy, in particular the UN Standard Rules for the Administration of Juvenile Justice, the UN Rules for the Protection of Juveniles Deprived of Their Liberty, and the UN Guidelines for the Prevention of Juvenile Delinquency.
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