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COMMITTEE ON RIGHTS OF CHILD CONSIDERS REPORT OF EQUATORIAL GUINEA

24 September 2004

Committee on the
Rights of the Child 24 September 2004

The Committee on the Rights of the Child today considered the initial report of Equatorial Guinea on that country’s efforts to implement the provisions of the Convention on the Rights of the Child.

Introducing the report was Ricardo Mangue Obama Nfube, Second Vice Prime Minister for Public Administration, Social Affairs and Human Rights of Equatorial Guinea, who said the promotion and protection of the rights of children in Equatorial Guinea was a central focus of the Government. Of the one million inhabitants in Equatorial Guinea, just over 47 per cent were children. There were several shortcomings in the country affecting the ability of the people to fully realize their human rights; the Government had emphasized that political stability and peace were priorities for children to enjoy their rights, Mr. Nfube added.

In preliminary remarks, Committee Expert Rosa Maria Ortiz, who served as Rapporteur for the report of Equatorial Guinea, expressed her thanks to the delegation for the fruitful discussion that had taken place. She said there was a need for the Government to create legislation in a number of areas and for domestic laws to be brought up to par with the Convention. There was also a need for a juvenile justice system.

Jacob Egbert Doek, the Committee Expert who served as country co-Rapporteur, underscored that the report of Equatorial Guinea was a good analytical report which analyzed progress and restraints as well as provided recommendations. Mr. Doek said there was a need for the Government to organize itself, to train human resources, and to implement national plans already in place.

Other Committee Experts contributed to the debate by raising questions pertaining to child labour, poverty, infant and maternal mortality rates, education and health care, HIV/AIDS, birth registration and the country’s oil revenues.

The Committee will release its formal, written concluding observations and recommendations towards the end of its three-week session which will conclude on 1 October.

The delegation of Equatorial Guinea was made up of representatives of the Ministry of Social Affairs, the National Children’s Rights Committee and the Ministry of Health.

As one of the 192 States parties to the Convention, Equatorial Guinea is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.

When the Committee reconvenes in public at 10 a.m. on Monday, 27 September, it is scheduled to take up the report of Angola (CRC/C/3/Add.66).

Report of Equatorial Guinea

The report, found in document CRC/C/11/Add.26, states that at the time of its ratification of the Convention on the Rights of the Child in 1992, Equatorial Guinea found itself deep in an economic crisis which demanded great sacrifices, adjustments and cuts in public spending. Since 1997, as a result of the national economic growth, a number of measures have been introduced which, in conjunction with the efforts already made with bilateral and multilateral support, are helping to protect the rights of the child contained in the Convention.

The National Children’s Rights Committee was established in 1997 as a national organizational platform for directing, coordinating and promoting both internal and external initiatives for the benefit of children in order to implement in the country the recommendations of the Convention. In 1998 the Government and the United Nations Children’s Fund (UNICEF) approved a framework plan of operations for 1999-2003, which envisaged inter alia the implementation of two projects: “Social statistics” and “Advocacy of the rights of children and women”. The Government initiated in 1996, in conjunction with UNICEF, some studies on “school attendance by girls”, which provided the basis for the start-up in 1998 of an awareness campaign designed to help to reduce the disparities between boys and girls in respect of school attendance.

Despite its steady decline, the country’s infant mortality rate is one of the highest in the world. With a view to improving children’s health, the Government proposed within the framework of its 1992 National Action Plan for 1992-2000 to bring the infant mortality rate down to 80 per 1,000 and to increase the full vaccination coverage of children under one year from 80 to 90 per cent, among other things.

According to the report, since the exploitation of hydrocarbons in Equatorial Guinea some ten years ago, the country had witnessed an influx of foreigners into its territory. A parallel development has been the presence of many street children of foreign origin working as vendors.

Introduction of Report

RICARDO MANGUE OBAMA NFUBE, Second Vice Prime Minister of Equatorial Guinea for Public Administration, Social Affairs and Human Rights, said the promotion and protection of the rights of children in Equatorial Guinea was a central focus of the Government. The intention of the report was to present the strengths and weaknesses of the Government’s policies in implementing the Convention. There were several actors in society who had been contributing to benefit children.

Of the one million inhabitants in Equatorial Guinea, just over 47 per cent were children, the head of the delegation noted. Currently, Equatorial Guinea was in a transitional phase with a high birth rate and an increase in the population of roughly three per cent per year. Measures taken by the Government included efforts to reduce the levels of poverty in the country to better enable children to enjoy their rights. There were several shortcomings in the country concerning the ability of the people to fully realize their human rights; the Government had emphasized that political stability and peace was priorities for children to enjoy their rights.

The three major points illustrated in the report were education, health care and basic care in line with the Convention, Mr. Nfube said. Included in the Government’s efforts to implement the Convention and human rights measures were the distribution of text books to teachers and students on human rights, an augmented vaccination programme with the support of UNICEF, and a recently approved law on the human trafficking of immigrants. Much work had been done on child labour, as well. According to the latest statistics, the infant mortality rate in Equatorial Guinea was 93 per one thousand.

In 1992, the Government had ratified the Convention on the Rights of the Child. It had then created a National Action Plan to monitor the implementation of the Convention. In 1995, Equatorial Guinea had ratified a law setting the minimum working age at 14. With the support of UNICEF, an inquiry was carried out subsequently to look at the situation of child labour. This inquiry gave rise to an additional law to raise the minimum working age from 14 to 18 which was a means to encourage children to attend school.

The head of the delegation noted the creation of the National Children’s Rights Committee according to a Presidential decree to make it possible to better implement children’s rights; the Committee was presided over by the First Lady of Equatorial Guinea. In order to implement the various actions and programmes laid out in the Convention, the Government had augmented its budget plan to provide additional support for pre-school institutions and to benefit disabled children. Moreover, the Support Committee for Children was a non-governmental organization in Equatorial Guinea which aimed to improve the health of women and children. Educational measures in the area of human rights were also carried out as well as campaigns to raise the awareness of the population on human rights.

Equatorial Guinea had experienced major progress in the area of the protection of the rights of the child, but the Government realized there were still certain limitations. Among the obstacles the Government was faced with were limitations in terms of human and material resources, and the rate of domestic violence, sexual abuse and mistreatment of minors.

Mr. Nfube drew attention to the programme created by the Government in cooperation with UNICEF to look at the situation of girls attending school. Gender studies had also been carried out.

In conclusion, the head of the delegation said that despite the obstacles that the Government faced, many efforts had been made to ensure that the best interests of the child were realized and to ensure that this issue remained a highest priority in the country.

Questions Raised by Experts

ROSA MARIA ORTIZ, the Committee Expert serving as Rapporteur for the report of Equatorial Guinea, said that although the report of Equatorial Guinea was delayed almost ten years, she was pleased to engage in a dialogue with the delegation to review the progress Equatorial Guinea had made with regard to the implementation of the Convention on the Rights of the Child.

Ms. Ortiz noted that Equatorial Guinea was the only former Spanish colony on the African continent and had recently increased the rate of its economic growth although the economy still could not provide the population with the many needs it required. Equatorial Guinea had ratified the Convention without any reservations and had promulgated a series of laws, among them the National Plan for Women and Children; the Education Law, which provided that primary education was compulsory; and the Law on Family Planning, which formed the basis for the protection of women and children.

The Government had undertaken to earmark 40 per cent of its oil revenues for the social sector and the Committee had hoped to see how that Government action had benefited the population. The Rapporteur noted the reform of the judicial system and that Spanish laws were still very prominent in Equatorial Guinea. Also noted was the National Plan of Action for Women and Children, the coordination committee set up for the protection of the rights of the child and the National Action Plan for Abused Children.

The absence of statistical data in the report was a problem, the Rapporteur noted. She asked how much progress had been made on the national plans that had been developed and what difficulties remained to allow for their full realization.

Ms. Ortiz asked what happened with juvenile offenders under the age of 18 as well as those above that age. She also asked whether there was any plan for a decentralization of social services.

While noting that today’s meeting marked the first time the Government of Equatorial Guinea had engaged in a dialogue with a United Nations human rights committee, another member of the Committee asked for information about the social institutions available in Equatorial Guinea for children and whether there were any programmes for supporting families and parents to provide better care for their children.

A Committee Expert noted that HIV/AIDS was a problem in Equatorial Guinea, with the highest number of victims falling between the ages of 15 and 19. The Expert asked what measures the Government had been taking to combat the pandemic and to address the problem of AIDS orphans.

An Expert noted that more than 80 per cent of children were not registered at birth and that over 60 per cent of children at six years were still not registered. He asked what steps the Government had taken to improve this situation and to encourage parents to register their children.

Other Committee Experts raised questions pertaining to corporal punishment; children with disabilities; infant mortality; immunization programmes; the availability of water and sanitation; education for parents on child rearing; female genital mutilation and police brutality.

Response by Delegation

The delegation said it was difficult for the Government of Equatorial Guinea to offset all the shortcomings it was faced with, in terms of implementing human rights instruments, and to alleviate the problem of poverty in the country.

The delegation noted that much of the income from oil revenues would be used to build more schools and to provide additional educational resources, including school books and teachers. The money would also be used to improve the country’s roads. In general, more was being done to improve access to clean drinking water and sanitation.

In 2000, a conference was held to focus on the situation of food stability; another conference was held in 2002 on public health and yet another the following year on national justice, which looked into the question of corporal punishment, among other related topics.

A campaign had been waged to prohibit the use of corporal punishment in schools and efforts had been made to institute a culture of human rights in schools and in society, the delegation noted. Earlier this year there was a conference on education which looked into school attendance and discrimination. The Government provided scholarships for needy children. The Government had adopted measures recently to avoid having girls drop out of school and to ensure that they had the same opportunities as boys.

Moreover, the Government had banned child labour practices which had been commonly practiced and which had often prevented children from attending school. A law had been enacted which set the minimum age of marriage at 18 which was an additional measure taken by the Government to encourage children, in particular girls, to stay in school.

Among other things, the Government had ensured that maternal health care was provided free of charge and a law was being considered on reproductive health care. There were centres for children and mothers in difficult situations which provided social services as well as maternal health care.

In terms of publicity for the Convention, the delegation said all legislation which the Government adopted was published in the official Gazette run by the Government.

Regarding juvenile justice, the Government was trying to reconcile legislation to enhance the rule of law and to include a juvenile justice system. The age of criminal responsibility was 16. There were plans for courts for minors but they had not been put into practice. A child under the age of criminal responsibility who committed a crime was not punished. The delegation agreed that the Government needed to establish a juvenile justice system. In response to a question, the delegation noted that under age offenders and adults were not kept in the same prisons.

Regarding the question of decentralization, the delegation said that due to the small size of the population, there was a centralized regime and municipalities did not have the competencies and resources to meet the needs required by the local populations.
Besides the central Government, there were town councils but they had limited competency. Education and health were under the purview of the central Government.
All authorities in town councils were appointed by the President. These councils consisted of town delegates representing different Government Ministries, including those for social affairs entrusted to protect children. In addition to town councils, there were advisors dealing with social affairs and there were programmes for social development. Moreover, there was a unit that dealt with cases of abuse of women and children. At present, there were 32 local town councils throughout the country.

Equatorial Guinea had been receiving international aid in the areas of health and education but had not seen major advances forward in these areas since there had been irrational use of these funds, the delegation said.

Regarding a child’s participation rights, the Government was endeavouring to see that there was input from children so they could introduce their concerns through an Ombudsman.

In response to questions pertaining to education, the delegation noted that education in Equatorial Guinea was in the middle of a democratization process and the Government now had more resources to make education free. The first five years of primary education were free and nearly 95 per cent of students attending schools in Equatorial Guinea went to public schools. The Government recognized that it needed more trained teachers. Under the National Plan of Education for All, the Government had been trying to improve the quality of education and had made strides in this area as a result of cooperation with and support from UNICEF. As for school drop outs, the delegation noted that this was mostly a cultural problem where many parents felt females did not need to go to school and pressure was often applied on young girls to leave school.

Concerning corporal punishment, the delegation said this practice was considered a crime and could be sanctioned.

All disabled persons had access to education and were not marginalized. The Government had set up special schools for deaf and blind students through its national Red Cross. There was a non-governmental organization support committee in the country which catered to disabled children.

The Government, with help from UNICEF, was setting up a campaign to register children in the country. The high percentage of unregistered children was due to difficult access to central registers. The Government was attempting to decentralize the system of registration and to set up local registration centres so that parents could register their children more easily.

The delegation noted, in reaction to a question, that there was a high percentage of children who lived outside their family environment. There were orphanages where children who lost both parents or one parent were received and looked after. Moreover, adoption was not commonly practiced in Equatorial Guinea since children who lost their parents or were given up by their parents most often were sent to live with relatives.

In terms of HIV/AIDS, the delegation said the Government had set up a Secretariat and a coordinating body to address this issue at the country level and various measures pertaining to protection and how to battle the stigma of HIV/AIDS had also been adopted. There had been training courses to deal with the question of HIV/AIDS. Two years ago the Government had purchased anti-retroviral drugs; however at the time of purchase, no Government policy had existed on how to administer the drugs. Since then, the Government had determined that the drugs would be free of charge to women and children in need.

Regarding primary health care, the Government had adopted a strategy to ensure that health care was available to all. Last year a meeting was held on primary health care and as a result a number of administrative committees were established to oversee the planning of primary health care. A special programme was set up for vaccinations which was supported by UNICEF. Over 90 per cent of the population was covered as a result. Mobile vaccination units were also being considered.

The current incidence of infant mortality was just over 90 per one thousand. Moreover, the maternal mortality rate was currently 250 for every 100,000 births.

The Ministry of Health was implementing a programme linked to nutrition and breastfeeding which looked at ways to teach mothers how to enrich the diet that should be given to children. Books were also published and disseminated carrying the same message. They built on the importance and advantages of breastfeeding.

In response to questions raised on child labour, the delegation noted that there had been a large influx of immigrants as a result of the emerging oil industry. These immigrants often arrived in Equatorial Guinea with children who then became engaged in employment activities. In reaction to this situation, the Government had adopted laws to prohibit children from engaging in labour activities until they were 18 years old.

Preliminary Remarks

ROSA MARIA ORTIZ, the Committee Expert serving as Rapporteur for the report of Equatorial Guinea, expressed her thanks to the delegation for the fruitful discussion that had taken place. She said there was a need for the Government to create legislation in a number of areas and domestic laws needed to be brought up to par with the provisions of the Convention on the Rights of the Child. There was a need for a juvenile justice system. There was also a need for increased awareness in the population in order to change behaviour, to explain the need for change, and to elaborate on the ways the change would benefit children in the country.

Among other things, authorities at the highest level should be provided with special training in areas of human rights. There was a need to identify the most important social statistics that were lacking in order to carry out development and planning.

Government institutions, both centralized and decentralized, needed to be strengthened. The Rapporteur wished the State party full success in its efforts to cut down on the incidence of infant mortality and the transmission of sexually transmitted diseases. Efforts were also needed to ensure that children attended schools. Ms. Ortiz said she hoped that the Convention could serve as a guiding light on the Government’s road to democracy.

JACOB EGBERT DOEK, the Committee Expert serving as co-Rapporteur for the report of Equatorial Guinea, underscored that the report from Equatorial Guinea was a good analytical report which analyzed progress and restraints and also provided recommendations. It had provided a good basis for the day-long dialogue.

Mr. Doek said there was a need for the Government to organize itself, to train human resources and to implement national plans already in place. He expressed his hope that the Government would succeed in terms of management of the oil revenues and that those revenues would be used to the extent possible to benefit children and to uphold their rights.


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