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30 May 2000
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CRC
24th Session
30 May 2000
Morning
Government Representative Queried on Reservation Related to Religion
and Tradition, Coordination of Child Programmes
The Committee on the Rights of the Child began consideration this morning of an initial report of Djibouti, questioning a Government representative, among other things, on a reservation to the Convention on the Rights of the Child related to religious tradition, and on coordination of Government programmes for children.
Mohamed Abdou, Procurer-General of the Ministry of Justice of Djibouti, introducing the report, said, among other things, that steps had been taken by the Government to reduce infant mortality, to criminalize female genital mutilation, and to prevent early marriage and sexual exploitation of children. Those who practised female genital mutilation were not systematically brought to justice, Mr. Abdou admitted to the Committee -- it was not practically possible to do so, but when illness resulted from the procedure, those responsible were prosecuted, and meanwhile the Government was campaigning against the practice.
Mr. Abdou said the reservation that Djibouti did not consider itself bound by anything in the Convention contrary to traditional religious values was meant in the understanding of Arab and Muslim States that religion was paramount, Mr. Abdou said; it was not meant to make everything related to children subordinate to religion and really was not as drastic as the Committee had characterized it. When he returned to Djibouti, he would suggest that the Government withdraw the reservation, he said.
Mr. Abdou said the country had a problem in coordinating child-related programmes -- that no particular Ministry was in charge of child rights and that a coordinating committee representing various Government departments had not met often enough to resolve confusion on the matter.
The report of Djibouti notes, among other things, that progress in implementation of the Convention on the Rights of the Child has been hindered by regional conflicts in Ethiopia and Somalia, which have led to a substantial influx of refugees who are putting a strain on the country's already limited resources; and by a domestic conflict which broke out in 1991
(More)which destroyed or disrupted many social and other infrastructures, caused population movements towards the capital, and created economic and financial crises which continue to affect the country, although peace was restored in 1994.
Discussion during the morning meeting centred on implementation measures, definition of the child, general principles, and civil rights and freedoms.
As one of the 191 States parties to the Convention on the Rights of the Child, Djibouti, which ratified the international treaty in 1990, must submit periodic reports to the Committee on the status of the country's children and on efforts to implement the Convention.
The Committee will reconvene at 3 p.m. to continue its review of the report of Djibouti.
Initial report of Djibouti
The report (CRC/C/8/Add.39) reviews implementation of the Convention on an article-by-article basis. The introduction notes that recent progress has been hindered by regional conflicts in Ethiopia and Somalia, which have led to a substantial influx of refugees who are putting a strain on the country's already limited resources; and by a domestic conflict which broke out in 1991 which destroyed or disrupted many social and other infrastructures, caused population movements towards the capital, and created economic and financial crises which continued to affect the country, although peace was restored in 1994.
The report states that measures have been taken to eliminate traditional practices harmful to children, such as genital mutilation or infibulation, and that such practices have been outlawed under a new Penal Code; that the Ministry of Justice is carrying out a reform of judicial codes, including review of their compatibility to the Convention; and that the age of civil and criminal responsibility is 18, although children between age 13 and 18 are deemed to have limited legal capacity.
The report also notes, among other things, that there is a national programme to fight diarrhoeal diseases, which are the leading cause of death; that the national immunization programme has been expanded; that there is a safe motherhood programme intended to reduce maternal mortality; that there is a national nutrition programme, as malnutrition is a serious problem affecting some 10.76 per cent of Djiboutian infants acutely and 22.4 per cent chronically; that rates of rural poverty are high and have been made worse by recent events, including civil war and natural disasters; and that school attendance increased from 20 per cent in 1977 to around 60 per cent in 1995, although the rate for girls of about 45 per cent, was not as high as the rate for boys.
Introduction of report
MOHAMED ABDOU, Procurer-General of the Ministry of Justice of Djibouti, said he was speaking on behalf of the Minister of Justice in Charge of Human Rights, who at the last minute was unable to come. Social and economic development was vital for all countries and for the well-being of children. Djibouti sought to enable its children to reach their full potential; it had made efforts to reduce infant mortality; following ratification of the Convention in 1990, the Government had taken legislative and administrative measures to implement the rights embodied in the treaty; in general, the Government felt that children in Djibouti were duly protected.
Djibouti, through new, updated legislation, had taken the Convention into account and had filled lacunae in previous laws; measures now prohibited female genital mutilation; violence which had led to genital mutilation was punishable with five years' imprisonment and a fine; criminal procedure and nationality codes, among others, were either being reviewed or had been already. Matters such as early marriage and sexual exploitation had been tackled through such legislation. The Convention had legal status in Djibouti, Mr. Abdou said. Every 20 November was observed as a national day for children; on that day children had the right to share their problems with their elders and to speak on their own behalf. Efforts had been made to increase protections for girls, and despite shortages of resources, highest priority was given to children's matters.
Numerous obstacles remained, Mr. Abdou said. Economic problems continued, the result in part of structural-adjustment policies; there was traditional resistance to some standards of the Convention, and even to the idea of the rights of the child; the Ministerial department responsible for human rights was still in its early stages and was trying to find the human and financial means necessary to make its policies effective. Extreme poverty and political instability also had created an environment that was not always favourable to human rights, including the rights of children, Mr. Abdou added.
Discussion
Discussion during the morning meeting centred on implementation measures, definition of the child, general principles, and civil rights and freedoms.
Mr. Abdou, responding to questions, said, among other things, that the country, located in the Horn of Africa between Somalia and Ethiopia, and with 520,000 inhabitants, was doing its best for child rights and that responsibility for such rights was shared between Government Ministries, including a Ministry dedicated to family issues; that while political will existed to resolve problems, there was a lack of coordination between these departments, and a coordinating committee had not met frequently enough to resolve the difficulties; and that no Ministry really was in charge of child issues. UNICEF had played a coordinating role in the matter of children's rights -- in essence it had done what the Government was supposed to do.
The reservation to the Convention that Djibouti did not consider itself bound by anything contrary to traditional religious values was meant in the understanding of Arab and Muslim States that religion was paramount, Mr. Abdou said; it was not meant to make everything related to children subordinate to religion; the reservation really was not as drastic, or was not meant to be, as the Committee had characterized it, and when he returned to Djibouti, he would suggest that the Government withdraw the reservation.
A Children's Parliament had only just been established, Mr. Abdou said; how the system worked was still being developed, but one aspect was that children were able to meet with the actual Parliament and ask questions of members of Parliament.
Djibouti wished to invite the Committee to visit the country and make suggestions, Mr. Abdou said; the country did not have the means, the resources, or the training to fully implement the Convention, but it certainly had the will to do so. Advice, guidelines, and modes of action were needed. The country was small; it needed help and time to improve the situation of its children.
The Criminal Code contained special provisions for minors, Mr. Abdou said; there was a children's judge; but again means sometimes were lacking to implement these provisions.
Government and public meetings were leading to a consensus that school attendance should be obligatory, and in cooperation with the World Bank the Government was moving to implement such a policy, Mr. Abdou said.
The Government opposed all forms of female genital mutilation, he said, but traditions were hard to change; to date, those who carried out such mutilations were not brought systematically to justice; practically, it just was not possible; but much effort was being made to discourage the practice, and when illnesses resulted from mutilation, those who carried it out were prosecuted. It had been made clear that those who carried out female genital mutilation were liable to criminal procedures; in urban areas, the practice was not very common at this point; the country's religious leader had spoken out against it; and the hope was that progressively the tradition would be eliminated. Some prosecutions had been carried out and this had had a repressive effect on others who would perform genital mutilations.
A Family Code had not been completed and passed into law, Mr. Abdou said; the Government had been working with UNICEF to develop the measure; it was now before Parliament.
The age of majority was 18, Mr. Adbou said; the age of criminal responsibility was 13. Children were required to attend school through age 16. The minimum age of military service was 18.
Djibouti had been a haven of peace in a tormented region, he said; the country hence bore the brunt of refugee flows; a quarter of the population was refugees; an enormous effort had to be made to cope with these refugees; camps in the south of the country were managed jointly by the Government and the Office of the United Nations High Commissioner for Refugees, and children there received education and health care; from time to time, refugees fled the camps and went for example to the national capital; some lived with relatives of other families there; some lived as street children; health care nonetheless was provided to them. Schooling for refugees, however, was limited to the refugee camps.
Reference had been made to street children maltreated in detention, Mr. Abdou said; the charges were part of a campaign of defamation carried out by political opponents of the current regime; there was nothing to bear out the allegations; the street children referred to had been detained about a year ago, arrested, tried, and judged by competent authorities; why had the charges been raised now, a year after the event? The children had been arrested after complaints by French persons in the country because the children had carried out repeated burglaries; after investigation it was found that the children involved were glue-sniffers and small-time dealers in marijuana; their ages were from 15 to 18; they were not under 13 as charged; they were placed in a juvenile centre; they were drug-dependent and were in a bad state; none of them was placed in an adult prison; they were convicted in July 1999 and were placed in a supervised centre for secure education. After they were released they reported to organizations dealing with street children, and to UNICEF.
The age of marriage was 18 for boys and girls under the draft Family Code, Mr. Abdou said; still, there was a religious tradition that from the age of puberty a girl could marry.
The civil war had ended in the north of the country in 1994, but various rebel factions had continued violent acts that had interfered with normal life in that region, although a peace agreement finally had been signed in February, Mr. Abdou said.
The country was very short of resources and needed international help in promoting child rights, he said; the Government could do much more if it had more money.
It was not possible to resolve all difficulties involving discrimination, he said; discrimination was illegal and efforts were made to publicize that fact; but there just were not the resources to do any more than the Government was doing.
Prostitution was prohibited, although of course it existed in Djibouti, Mr. Abdou said; by prohibiting it the Government had driven it underground, where it had increased and where the Government now had little control over it and could not officially control the health problems involved; it was true that sometimes young people were caught up in prostitution.
Non-Muslims, although they were few in the country, were not subject to Muslim law in relation to family matters, Mr. Abdou said; on occasion, in his opinion, the Sharia was in conflict with the Constitution, which enshrined equality for men and women; he was not sure how these conflicts could be resolved. Despite Muslim traditions, women were making advances in civic and professional fields; the current President of the Supreme Court was a woman.
The Ministry of Justice was scrupulous about censoring any ill-treatment of detainees or prisoners, Mr. Abdou said; minors simply were not ill-treated in detention; the country's judges would not stand for it; if there was any indication that anyone at all had been improperly treated, they were released immediately.
Drugs were a problem in the country, because drug trafficking routes went through the region, he said; there also was the lure of the money involved; the Government had been carrying out anti-drug programmes coordinated by the Ministry of Youth and Sport.
Abortion was prohibited except for clearly delineated medical reasons, Mr. Abdou said.
* *** *
24th Session
30 May 2000
Morning
Government Representative Queried on Reservation Related to Religion
and Tradition, Coordination of Child Programmes
The Committee on the Rights of the Child began consideration this morning of an initial report of Djibouti, questioning a Government representative, among other things, on a reservation to the Convention on the Rights of the Child related to religious tradition, and on coordination of Government programmes for children.
Mohamed Abdou, Procurer-General of the Ministry of Justice of Djibouti, introducing the report, said, among other things, that steps had been taken by the Government to reduce infant mortality, to criminalize female genital mutilation, and to prevent early marriage and sexual exploitation of children. Those who practised female genital mutilation were not systematically brought to justice, Mr. Abdou admitted to the Committee -- it was not practically possible to do so, but when illness resulted from the procedure, those responsible were prosecuted, and meanwhile the Government was campaigning against the practice.
Mr. Abdou said the reservation that Djibouti did not consider itself bound by anything in the Convention contrary to traditional religious values was meant in the understanding of Arab and Muslim States that religion was paramount, Mr. Abdou said; it was not meant to make everything related to children subordinate to religion and really was not as drastic as the Committee had characterized it. When he returned to Djibouti, he would suggest that the Government withdraw the reservation, he said.
Mr. Abdou said the country had a problem in coordinating child-related programmes -- that no particular Ministry was in charge of child rights and that a coordinating committee representing various Government departments had not met often enough to resolve confusion on the matter.
The report of Djibouti notes, among other things, that progress in implementation of the Convention on the Rights of the Child has been hindered by regional conflicts in Ethiopia and Somalia, which have led to a substantial influx of refugees who are putting a strain on the country's already limited resources; and by a domestic conflict which broke out in 1991
(More)which destroyed or disrupted many social and other infrastructures, caused population movements towards the capital, and created economic and financial crises which continue to affect the country, although peace was restored in 1994.
Discussion during the morning meeting centred on implementation measures, definition of the child, general principles, and civil rights and freedoms.
As one of the 191 States parties to the Convention on the Rights of the Child, Djibouti, which ratified the international treaty in 1990, must submit periodic reports to the Committee on the status of the country's children and on efforts to implement the Convention.
The Committee will reconvene at 3 p.m. to continue its review of the report of Djibouti.
Initial report of Djibouti
The report (CRC/C/8/Add.39) reviews implementation of the Convention on an article-by-article basis. The introduction notes that recent progress has been hindered by regional conflicts in Ethiopia and Somalia, which have led to a substantial influx of refugees who are putting a strain on the country's already limited resources; and by a domestic conflict which broke out in 1991 which destroyed or disrupted many social and other infrastructures, caused population movements towards the capital, and created economic and financial crises which continued to affect the country, although peace was restored in 1994.
The report states that measures have been taken to eliminate traditional practices harmful to children, such as genital mutilation or infibulation, and that such practices have been outlawed under a new Penal Code; that the Ministry of Justice is carrying out a reform of judicial codes, including review of their compatibility to the Convention; and that the age of civil and criminal responsibility is 18, although children between age 13 and 18 are deemed to have limited legal capacity.
The report also notes, among other things, that there is a national programme to fight diarrhoeal diseases, which are the leading cause of death; that the national immunization programme has been expanded; that there is a safe motherhood programme intended to reduce maternal mortality; that there is a national nutrition programme, as malnutrition is a serious problem affecting some 10.76 per cent of Djiboutian infants acutely and 22.4 per cent chronically; that rates of rural poverty are high and have been made worse by recent events, including civil war and natural disasters; and that school attendance increased from 20 per cent in 1977 to around 60 per cent in 1995, although the rate for girls of about 45 per cent, was not as high as the rate for boys.
Introduction of report
MOHAMED ABDOU, Procurer-General of the Ministry of Justice of Djibouti, said he was speaking on behalf of the Minister of Justice in Charge of Human Rights, who at the last minute was unable to come. Social and economic development was vital for all countries and for the well-being of children. Djibouti sought to enable its children to reach their full potential; it had made efforts to reduce infant mortality; following ratification of the Convention in 1990, the Government had taken legislative and administrative measures to implement the rights embodied in the treaty; in general, the Government felt that children in Djibouti were duly protected.
Djibouti, through new, updated legislation, had taken the Convention into account and had filled lacunae in previous laws; measures now prohibited female genital mutilation; violence which had led to genital mutilation was punishable with five years' imprisonment and a fine; criminal procedure and nationality codes, among others, were either being reviewed or had been already. Matters such as early marriage and sexual exploitation had been tackled through such legislation. The Convention had legal status in Djibouti, Mr. Abdou said. Every 20 November was observed as a national day for children; on that day children had the right to share their problems with their elders and to speak on their own behalf. Efforts had been made to increase protections for girls, and despite shortages of resources, highest priority was given to children's matters.
Numerous obstacles remained, Mr. Abdou said. Economic problems continued, the result in part of structural-adjustment policies; there was traditional resistance to some standards of the Convention, and even to the idea of the rights of the child; the Ministerial department responsible for human rights was still in its early stages and was trying to find the human and financial means necessary to make its policies effective. Extreme poverty and political instability also had created an environment that was not always favourable to human rights, including the rights of children, Mr. Abdou added.
Discussion
Discussion during the morning meeting centred on implementation measures, definition of the child, general principles, and civil rights and freedoms.
Mr. Abdou, responding to questions, said, among other things, that the country, located in the Horn of Africa between Somalia and Ethiopia, and with 520,000 inhabitants, was doing its best for child rights and that responsibility for such rights was shared between Government Ministries, including a Ministry dedicated to family issues; that while political will existed to resolve problems, there was a lack of coordination between these departments, and a coordinating committee had not met frequently enough to resolve the difficulties; and that no Ministry really was in charge of child issues. UNICEF had played a coordinating role in the matter of children's rights -- in essence it had done what the Government was supposed to do.
The reservation to the Convention that Djibouti did not consider itself bound by anything contrary to traditional religious values was meant in the understanding of Arab and Muslim States that religion was paramount, Mr. Abdou said; it was not meant to make everything related to children subordinate to religion; the reservation really was not as drastic, or was not meant to be, as the Committee had characterized it, and when he returned to Djibouti, he would suggest that the Government withdraw the reservation.
A Children's Parliament had only just been established, Mr. Abdou said; how the system worked was still being developed, but one aspect was that children were able to meet with the actual Parliament and ask questions of members of Parliament.
Djibouti wished to invite the Committee to visit the country and make suggestions, Mr. Abdou said; the country did not have the means, the resources, or the training to fully implement the Convention, but it certainly had the will to do so. Advice, guidelines, and modes of action were needed. The country was small; it needed help and time to improve the situation of its children.
The Criminal Code contained special provisions for minors, Mr. Abdou said; there was a children's judge; but again means sometimes were lacking to implement these provisions.
Government and public meetings were leading to a consensus that school attendance should be obligatory, and in cooperation with the World Bank the Government was moving to implement such a policy, Mr. Abdou said.
The Government opposed all forms of female genital mutilation, he said, but traditions were hard to change; to date, those who carried out such mutilations were not brought systematically to justice; practically, it just was not possible; but much effort was being made to discourage the practice, and when illnesses resulted from mutilation, those who carried it out were prosecuted. It had been made clear that those who carried out female genital mutilation were liable to criminal procedures; in urban areas, the practice was not very common at this point; the country's religious leader had spoken out against it; and the hope was that progressively the tradition would be eliminated. Some prosecutions had been carried out and this had had a repressive effect on others who would perform genital mutilations.
A Family Code had not been completed and passed into law, Mr. Abdou said; the Government had been working with UNICEF to develop the measure; it was now before Parliament.
The age of majority was 18, Mr. Adbou said; the age of criminal responsibility was 13. Children were required to attend school through age 16. The minimum age of military service was 18.
Djibouti had been a haven of peace in a tormented region, he said; the country hence bore the brunt of refugee flows; a quarter of the population was refugees; an enormous effort had to be made to cope with these refugees; camps in the south of the country were managed jointly by the Government and the Office of the United Nations High Commissioner for Refugees, and children there received education and health care; from time to time, refugees fled the camps and went for example to the national capital; some lived with relatives of other families there; some lived as street children; health care nonetheless was provided to them. Schooling for refugees, however, was limited to the refugee camps.
Reference had been made to street children maltreated in detention, Mr. Abdou said; the charges were part of a campaign of defamation carried out by political opponents of the current regime; there was nothing to bear out the allegations; the street children referred to had been detained about a year ago, arrested, tried, and judged by competent authorities; why had the charges been raised now, a year after the event? The children had been arrested after complaints by French persons in the country because the children had carried out repeated burglaries; after investigation it was found that the children involved were glue-sniffers and small-time dealers in marijuana; their ages were from 15 to 18; they were not under 13 as charged; they were placed in a juvenile centre; they were drug-dependent and were in a bad state; none of them was placed in an adult prison; they were convicted in July 1999 and were placed in a supervised centre for secure education. After they were released they reported to organizations dealing with street children, and to UNICEF.
The age of marriage was 18 for boys and girls under the draft Family Code, Mr. Abdou said; still, there was a religious tradition that from the age of puberty a girl could marry.
The civil war had ended in the north of the country in 1994, but various rebel factions had continued violent acts that had interfered with normal life in that region, although a peace agreement finally had been signed in February, Mr. Abdou said.
The country was very short of resources and needed international help in promoting child rights, he said; the Government could do much more if it had more money.
It was not possible to resolve all difficulties involving discrimination, he said; discrimination was illegal and efforts were made to publicize that fact; but there just were not the resources to do any more than the Government was doing.
Prostitution was prohibited, although of course it existed in Djibouti, Mr. Abdou said; by prohibiting it the Government had driven it underground, where it had increased and where the Government now had little control over it and could not officially control the health problems involved; it was true that sometimes young people were caught up in prostitution.
Non-Muslims, although they were few in the country, were not subject to Muslim law in relation to family matters, Mr. Abdou said; on occasion, in his opinion, the Sharia was in conflict with the Constitution, which enshrined equality for men and women; he was not sure how these conflicts could be resolved. Despite Muslim traditions, women were making advances in civic and professional fields; the current President of the Supreme Court was a woman.
The Ministry of Justice was scrupulous about censoring any ill-treatment of detainees or prisoners, Mr. Abdou said; minors simply were not ill-treated in detention; the country's judges would not stand for it; if there was any indication that anyone at all had been improperly treated, they were released immediately.
Drugs were a problem in the country, because drug trafficking routes went through the region, he said; there also was the lure of the money involved; the Government had been carrying out anti-drug programmes coordinated by the Ministry of Youth and Sport.
Abortion was prohibited except for clearly delineated medical reasons, Mr. Abdou said.
* *** *