CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER
ARTICLE 44 OF THE CONVENTION
Concluding Observations of the Committee on the Rights of the Child: Costa Rica
1. The Committee considered the third periodic report of Costa Rica (CRC/C/125/Add.4),
at its 1044 and 1045 meetings (see CRC/C/SR.1044 and 1045), held on 30 May 2005,
and adopted at the 1052 meeting, held on 3 June 2005, the following concluding
observations.
A. Introduction
2. The Committee welcomes the submission of the State party’s third periodic
report and notes with appreciation the analytical and self critical nature of
the report. The Committee also welcomes the written replies to its list of issues
(CRC/C/Q/CRI/3), which give updated and detailed statistical information on
the situation of children in the State party, and appreciates the very constructive
dialogue it had with a high level delegation which contributed to a better understanding
of the implementation of the Convention by the State party.
B. Follow-up measures undertaken and progress achieved by the State party
3. The Committee welcomes the measures taken by the State Party to ensure compatibility
between the Convention and domestic law through the enactment of a
set of laws, such as Law No. 8101 on Responsible Paternity (2001) and Law No.
8111 on Immunization Coverage (2001), and amendments of existing legislation,
such as the revision of Article 174 of the Penal Code which punishes the distribution
of pornographic or erotic material in which minors or images of minors appear.
The Committee also welcomes the entry into force of the Optional Protocol to
the Convention on the Rights of the Child on the sale of children, child prostitution
and child pornography.
4. The Committee notes with appreciation the ratification by the State Party
of ILO Convention No. 182 concerning the Prohibition and Immediate Action for
the
Elimination of the Worst Forms of Child Labour, 1999, following the Committee’s
recommendation (CRC/C/15/Add.117 paragraph 26) in August 2001. The Committee
also welcomes the ratification by the State Party of the Optional Protocol to
the Convention on the Rights of the Child on the involvement of children in
armed conflict on 24 February 2003.
5. The Committee welcomes the launch of the National Agenda for Children and
Adolescents 2000-2010 initiated by the National Council for Children and Adolescents
(CNNA), in consultation with Non governmental organizations, as well as the
establishment of various Special Permanent Commissions focusing inter alia on
the elimination of child labour and sexual exploitation, the prevention of child
maltreatment, the protection of early childhood and responsible paternity.
C. Principal areas of concern and recommendations
1. General Measures of Implementation (arts. 4, 42 and 44, paragraph 6 of
the Convention)
The Committee’s previous recommendations
6. The Committee appreciates the State party’s efforts to follow up on the concerns
and recommendations formulated in its previous concluding observations
(CRC/C/15/Add.117) upon consideration of the State party’s second periodic report
(CRC/C65/Add.7), in particular with respect to basic health and welfare and
sexual exploitation, but it regrets that some of the concerns and recommendations
it made have been insufficiently addressed, e.g. with regard to child abuse
and neglect, child labour, sexual exploitation and street children..
7. The Committee urges the State party to make every effort to address those
recommendations from the concluding observations on the second report that
have not yet been implemented and to address the list of concerns contained
in the present concluding observations on the third periodic report.
Legislation and implementation
8. In light of its recommendation (CRC/C/15/Add.117, paragraph 10), the Committee
takes note of the effort made by the State party to establish Children and Adolescents
Protection Boards (Juntas de Protección) as decentralized institutions to guarantee
the implementation of the Children and Adolescents Code. The Committee regrets
however that the mandate of the Protection Boards and the Tutelary Committees
have not yet been clearly regulated, as well as the insufficient allocation
of financial resources which have hampered the effective implementation of their
mandate.
9. The Committee reiterates its recommendation that the State party should take
all necessary measures to strengthen the effectiveness of the Protection Boards
and the Tutelary Committees and provide them, as well as the National Children's
Trust (PANI), with adequate financial resources to enable them to fully carry
out
their mandate, and to strengthen its efforts to establish all Protection Boards
andTutelary Committees in all cantons and districts respectively.
Co-ordination and monitoring
10. While recognizing the efforts made by the State party to establish a comprehensive
protection system, the Committee is concerned that it is not fully functioning
in accordance with its mandate under the Childrens and Adolescents Code, as
neither the provisions relating to the Protection Boards nor to the Tutelary
Committees have been regulated in such a way as to enable those bodies to discharge
their responsibilities with sufficient flexibility. The Committee takes note
of the submission by the National Children's Trust (PANI), and other institutions
belonging to the Council on Children and Adolescents of periodic reports to
the Office of the Ombudsman (Defensoría de los Habitantes). It is however concerned
at the need for a strengthened coordination between the various entities dealing
with issues relating to children both at the national and local levels.
11. The Committee recommends that the State party take effective measures to
ensure a clearly regulated and strengthened coordination between all entities
dealing with issues relating to children both at the national and local levels.
Furthermore, the Committee recommends the reinforcement of Protection Boards
and Tutelary Committees, in order to guarantee an articulated and efficient
functioning of all actors involved in the implementation of the Convention.
Allocation of resources
12. While taking note of the financial difficulties which the State party is
encountering, including a vulnerable economy and significant immigration, the
Committee is
concerned at the high rate of children and adolescents living below the level
of poverty. It is further concerned at the lack of resources allocated to PANI
and the various institutions dealing with issues relating to the protection
and promotion of children’s rights both at the national and local levels
13. The Committee recommends that the State party pay particular attention
to the full implementation of article 4 of the Convention by a) prioritizing
budgetary
allocation to ensure implementation of the economic, social and cultural rights
of children to the “maximum extent of the State party’s available resources”;
and
b) identifying the amount and proportion of the State budget spent on children
in the public sector and for non-profit organizations in order to evaluate the
impact and effect of the expenditures and also, in view of the costs, the accessibility,
and the quality and effectiveness of the services for children in the different
sectors. The Committee further recommends that particular attention be given
to children belonging to vulnerable groups, i.e. indigenous populations, migrants,
and those living in rural areas, and that funding be identified for programmes
aiming at alleviating their disadvantage.
Data collection system
14. While noting with appreciation that, as a follow up to its recommendation
(CRC/C/15/Add.117, paragraph 12) concerning the need to develop a data collection
system on children’s rights, the State party has developed an Information system
for Child and Adolescents Rights (“Sistema de Información Estadística de Derechos
de la Niñez y Adolescencia”), and welcoming the information provided by the
State party in its written reply to the List of Issues, the Committee remains
concerned about the lack of disaggregated data on all areas covered by the Convention.
15. The Committee recommends that the State party strengthen its efforts towards
duly processing and regrouping the relevant data available in the various institutions
dealing with issues relating to children, which should be used as indicators
to monitor the situation of children and adolescents in the country, and
that this data be integrated into the National Data Collection System in order
to inform decision making at the policy level. In particular, the Committee
recommends that the State party produce data with respect to vulnerable groups,
i.e. indigenous populations, migrants, refugees, and those living in rural areas,
with a breakdown by nationality, gender and age.
Training / dissemination of the Convention
16. The Committee notes with appreciation the efforts made by the State party
to train personnel working with the various institutions belonging to the National
Council on Children and Adolescents on the provisions of the Convention, as
well as law enforcement personnel and academics.
17. The Committee recommends that the State party continue with its efforts
to undertake training programmes and that they be extended to all personnel
working with children, such as civil servants, health professionals, social
workers, the police and penitentiary personnel, in order to strengthen the rights
based
approach in their work. The Committee further recommends that the State party
seek the technical cooperation of UNICEF in this respect.
2. General principles (art. 2, 3, 6 and 12 of the Convention)
Non-discrimination
18. The Committee welcomes the elaboration of the First Indigenous People Development
Plan, the translation into indigenous languages of the Children and Adolescents
Code, the Law against Domestic Violence and the Law on Responsible Paternity,
as well as the incorporation of the rights of indigenous people in the National
Plan for Children and Adolescents. The Committee is concerned however at the
limited access of indigenous children, migrant children and those living in
rural areas, to basic education and health services, and at their low standard
of living. The Committee also regrets the absence of information in the State
Party’s report on the implementation of its previous recommendation regarding
the protection of children of migrants families in irregular situations against
discrimination. While welcoming the revocation by Resolution No. 0088557-99
of articles 6 and 7 of Government Order (Decreto Ejecutivo) No.21980-MEP-MTSSS,
the Committee is concerned at information received whereby migrant children
are still not eligible for scholarships, nor entitled to take part in students
councils.
19. The Committee encourages the State party to continue to pay due attention
to the needs of indigenous people by taking appropriate measures to address
the high rate of infant mortality among the indigenous communities, and to substantially
increase their level of education and standard of living, and endorses the
recommendation of the Committee on the Elimination of Racial Discrimination
in its regard (CERD/C/60/CO/3, para.11). The Committee further recommends that
the State party provide information on the number of migrant children who benefited
from scholarships since the adoption of Resolution No. 0088557-99. In
addition, the Committee recommends that the State party take steps to disseminate
the content of the resolution to the public at large. The Committee also recommends
that the State party take appropriate measures to ensure the right of migrant
children to take part in students councils. The State Party should provide information
in its next periodic report on the action taken to protect children of migrant
families in irregular situations against discrimination as recommended by the
Committee in its previous concluding observations.
20. The Committee requests that specific information be included in the next
periodic report on the measures and programs relevant to the Convention on the
Rights of the Child undertaken by the State party to follow up on the Declaration
and Programme of Action adopted at the 2001 World Conference against
Racism, Racial Discrimination, Xenophobia and Related Intolerance and taking
account of Committee’s general comment No. 1 on the aims of education (2001).
Respect for the views of the child (art. 12)
21. The Committee notes with appreciation the State party’s many and various
efforts to implement and promote the child’s rights to express her/his views
and to participate in decision making processes and other activities regarding
her/his position. But it also notes the State party’ concern that cultural problems
are a factor which impedes the implementation of these rights in the family.
22. The Committee recommends that the State party undertake further and targeted
measures to promote the child’s rights to express her/his views freely within
the family context and in institutions such as shelters and other institutions
for children. The Committee further recommends that the State party ensure that
the child’s view is taken into account in any proceedings dealing with child
issues. The Committee further recommends that the media take into account the
views
of the child. Finally, the Committee recommends that the State party take the
necessary steps to promote the awareness among children and adolescents of their
participatory rights in the family, at school, within other institutions and
in society in general through educational programmes on the implementation of
these principles, and strengthen their opportunity to participate.
3. Civil rights and freedoms art. 7, 8, 13-17, 19 and 37 (a))
.
Freedom of Association (art.15)
23 The Committee is concerned at the contradiction between the information provided
by the Ministry of Education in the State party’s report whereby students have
the right to freedom of association, including the right to participate in students
political parties, and article 18 of the Children and Adolescents Code which
establishes that persons below the age of 18 have the right to freedom of association,
except for political or lucrative activities.
24. The Committee recommends that the State party take appropriate measures
to ensure the coherence of its legislation with regard to the right of persons
below
the age of 18 to be involved in political activities.
Freedom of religion (art. 14)
25. While recognizing the State party’s acceptance of freedom of religion, the
Committee is concerned at the fact that classes of Catholicism are part of the
curriculum, which is discriminatory for non-catholic children.
26. The Committee recommends that the State party devise a curriculum that will
ensure that the child’s freedom of religion can be fully realised in the educational
system without any discrimination.
Access to information (art. 17)
27. The Committee notes the media involvement in the dissemination of information
on the Convention inter alia via a weekly educational programme. But it is concerned
at incidences of sensationalized coverage of problems children may encounter
or cause. The Committee is also concerned at the lack of information regarding
the legal and other provisions which protect children from harmful information.
28. The Committee recommends the State party to call on the media to promote
and strengthen its role in the dissemination of information on the Convention,
address the incidences of the sensationalization of news regarding children,
e.g. by duly regulating the activities of mass media and the internet with a
view to prevent the dissemination of harmful information and by promoting the
training of professionals working for mass media on the adequate treatment of
child issues , in conformity with the provisions of the Convention and on the
guidelines on reporting on children adopted by the International Federation
of Journalists.
Torture and other cruel, inhuman or degrading treatment or punishment (art.
37(a))
29. While taking note that a bill prohibiting and penalizing torture is being
examined by the Legislative Assembly, the Committee is concerned at the fact
that the use of torture, in particular on children, is still not formally prohibited
and criminalized in the Penal Code.
30. The Committee reiterates its recommendation that the State party take all
necessary measures to ensure the prohibition and penalization of torture in
its
legislation.
Corporal punishment
31. The Committee welcomes the efforts made by the State party to sensitize
the different actors involved on the need to eradicate corporal punishment in
the family, in school and in other institutions, and the fact that the Legislative
Assembly is examining a bill prohibiting corporal punishment. The Committee
remains however concerned at the fact that corporal punishment is still not
explicitly prohibited in domestic law, as recommended by the Committee in its
previous concluding observations, and still perceived as “sometimes necessary”
by a large portion of the population.( CRC/C/15/Add.117, para. 17).
32. The Committee reiterates its recommendation that the State party should
incorporate the prohibition of corporal punishment in its legislation and continue
to take appropriate measures to raise the awareness of the general public on
the negative consequences of corporal punishment and other forms of violence
in the
upbringing of children, and to sensitize parents, teachers and others working
with and for children about the alternative, non violent means of discipline
in light of article 28.2 of the Convention.
4. Family environment and alternative care (art. 5, 18 (paras. 1-2), 9-11,
19-21, 25, 27 (para. 4) and 39)
Children deprived of family environment
33. The Committee recognizes the continuum of alternative care services available
from PANI for children deprived of family environment. It is however concerned
at the considerable duration of interim placement, which in some cases may last
over three years, before the matter is brought before a judge for a decision
on the final placement of these children.
34. The Committee recommends that interim placement is done for the shortest
period of time and regularly reviewed in accordance with article 25 of the Convention.
The Committee further recommends that the matter be brought before a judge at
the initial phase of the separation of the child from her or his parents.
Adoption (art. 21)
35. The Committee welcomes the proposed amendment of the Adoption Act as a follow up to its previous recommendation (CRC/C/15/Add.117, para. 19) to review its legislation in order to bring it in full compliance with article 21 of the Convention and the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption. But it remains concerned that this bill is still pending with the Legislative Assembly and that the practice of private or direct adoption which results in cases of trafficking is still not effectively prohibited.
36. The Committee recommends the State party to take all effective measures
to expedite the adoption of the above mentioned amendments, implement the
recommendations made by the Office of the Ombudsman (2001-2002) following the
investigation undertaken on the process of adoption both at the national and
international level , in order to put an end to the practice of private/direct
adoptions, and ensure that they fully comply with article 21 of the Convention
and the 1993 Hague Convention on the Protection of Children and Cooperation
in Respect of Inter-country Adoption, in particular by providing the Council
on Adoption and the National Commission on Adoption with the resources necessary
for the effective performance of their mandates.
Abuse and neglect (art. 19)
37. With reference to its previous recommendation (CRC/C/15/Add.117, para. 20)
concerning the prevention of abuse and ill-treatment of children, the Committee
notes the effort made by the State Party to address the problems of child abuse
and neglect, inter alia by promoting the reporting of alleged cases of child
abuse, the waiver of civil/criminal responsibility in case of reporting in good
faith, the establishment of a protocol for dealing with cases of child abuse
and the functioning of the helpline 911. But the Committee is concerned that
the provision of services to child victims is to a large degree left to Non-governmental
organizations and that a comprehensive prevention policy has not been developed.
38. The Committee recommends the State Party to strengthen its efforts to combat child abuse and neglect in particular by actively supporting helplines such as 911 and Línea Cuenta Conmigo, increase its support to Non-governmental organizations and implement programmes under PANI’s responsibility to ensure that child victims do receive the necessary protection, counselling and other support. The Committee also recommends to review the existing legislation in order to ensure that legal procedures dealing with cases of child abuse are child sensitive, do respect the child’s privacy and prevent revictimization of the child inter alia by accepting video taped testimony of the child victim as admissible evidence. The Committee further recommends the State party to develop and implement a comprehensive policy for the prevention of child abuse and neglect. Finally, the Committee recommends that the State party provide information in its next periodic report on the number of cases of abuse concerning children with disabilities both in the family and in institutions which have been brought to courts.
5. Basic Health and Welfare (art. 6, 18 para 3, 23, 24, 26, 27 paras 1-3)
Children with disabilities
39. The Committee has noted the steps undertaken by the State Party to strengthen
the access to health services and information for children with disabilities,
and train professionals working in public health institutions on the rights
of disabled children, as well as the efforts to include children with disabilities
in the regular school, the prenatal and post-natal screening programmes. The
Committee remained concerned however at the limited coverage of these progresses
to the economically disadvantaged and rural populations.
40. The Committee recommends that the State Party continue to expand programmes for children with disabilities including the pre and post-natal screening programmes, and ensure their access, inter alia through mobile clinics, to economically disadvantaged people in rural areas. The Committee further recommends that the State party strengthen its policy to integrate children in regular schools.
Right to health and access to health services
41. The Committee welcomes the efforts made by the State Party to combat infant
mortality and strengthen the immunization coverage at the country level, as
well as the progress made by the State party with respect to basic health care
coverage. It remains concerned however at the regional inequality in access
to health services, in particular for adolescents.
42. The Committee recommends that the State Party continue to take all appropriate
measures to ensure access to basic health care to all children and adolescents
at the country level, and that priority be given to regions and communities
with the lowest coverage rates. The Committee further recommends that the State
party
seek the technical cooperation of UNICEF in this respect.
Adolescent health
43 The Committee notes with appreciation the measures taken by the State Party
to implement its recommendation to develop adolescent-sensitive health policies
and strengthen reproductive health education and services in order, inter alia,
to prevent and reduce teenage pregnancies, and to enhance the prevention of
substance abuse among adolescents. The Committee is concerned however that the
number of teenage pregnancies remains significantly high.
44. The Committee recommends that the State party continue to strengthen reproductive
health education in secondary schools such as “Young Love” to prevent teenage
pregnancies. The Committee also recommends that professional and administrative
staff are adequately trained in order to improve their interactions with teenage
mothers.
6. Education, Leisure and Cultural Activities (art. 28, 29, 31)
45. The Committee takes note of the efforts made by the State Party to increase
the level of school infrastructure at the country level, , and ensure that all
children, including refugee children, have access to education. The Committee
also notes with great appreciation that 90% of children attend pre-school. The
Committee welcomes the variety of measures by which children are relieved from
additional costs of school attendance. The Committee takes note of new projects
which provide opportunities of education for children who have left school before
completion. Although courses and institutions for technical and vocational training
were expanded, the Committee regrets that not more children between 15 and 18
receive vocational training in order to facilitate their transition to qualified
labour, and the low completion rate of secondary school, in particular in rural
areas, especially of deprived children and indigenous children, as well as the
lack of school infrastructure in remote areas of the country.
46. The Committee recommends that the State Party continue to take effective
measures to increase enrolment in primary and secondary school, reduce the
high rate of drop-out students and repeaters, in particular in rural areas,
and find ways to address the lack of school infrastructure in these areas, inter
alia by
finding alternative educational methods, e.g. vocational and apprenticeship
programmes, which would take the specific needs of these populations into consideration.
The State party should focus on the improvement of secondary education.
7. Special Protection Measures (arts. 22, 30, 32-36, 37 b-d, 38, 39, 40)
Economic Exploitation
47. The Committee welcomes the ratification by the State Party of ILO Convention
No.182 concerning the Prohibition and Immediate Action for the Elimination of
the Worst Forms of Child Labour, 1999; the measures taken by the State Party
to prohibit the economic exploitation of children; as well as the various projects
implemented with the technical and financial assistance of ILO/IPEC to eliminate
child labour. The Committee also welcomes the State party’s efforts to prohibit
hazardous work for persons below the age of 18. The Committee remains concerned
however at the large number of working children between the age of 5 and 17
who work in the “informal” labour market and have consequently been excluded
from the educational system, in particular in rural areas.
48 The Committee recommends that the State Party continue to take effective
measures, with the technical and financial assistance of ILO/IPEC, to eliminate
prohibited child labour, in particular in rural areas where the phenomenon is
more prevalent, inter alia by designing special programmes aiming at combating
child labour.
Sexual exploitation and abuse
49. The Committee welcomes the ratification by the State Party of the Optional
Protocol to the Convention on the Rights of the Child on the sale of children,
child prostitution and child pornography, as well as the measures taken by the
State Party to prevent and combat sexual abuse and exploitation of children.
The Committee further welcomes the inclusive participation of Non-Governmental
organizations in this process and the development of a National Plan against
Sexual Exploitation of Children and Adolescents (2001). The Committee also welcomes
the direct initiatives in cooperation with hotels and the travel industry to
combat sex tourism. However, the Committee remains concerned at the low level
of coordination among institutions, the lack of assistance available for victims
of sexual exploitation, as well as information received by the Committee whereby
the number of children victims of sexual exploitation might be increasing, in
particular among street children.
50. The Committee endorses the recommendations of the ILO/IPEC Assessment on
the commercial sexual exploitation of minors of April 2002 whereby the State
Party should promote and develop universal policies that directly address the
social, economic and ideological factors which render the under-18 population
so
vulnerable to sexual exploitation and foster the commission of this crime; promote
and develop inter-sectorial programmes and institutions aimed at early prevention
and at assisting young girls and adolescents at risk of sexual exploitation,
or who are already its victims; promote and develop programmes of comprehensive
assistance to victims; reform the legislation with a view to bringing penal
standards into line with the Convention on the Rights of the Child and ILO Convention
No.182, as well as the allocation of a larger budget dedicated specifically
to battling sexual exploitation. In developing these programmes, the Committee
recommends the participation on a voluntary basis of adolescents who were themselves
victims of commercial sexual exploitation. The Committee further recommends
that the State party seek the technical cooperation of UNICEF in this respect.
The Committee further recommends that that the State party take appropriate
measures to strengthen the role of PANI and the Ministry of Labour including
through allocation of resources in combating child labour, in particular in
the “informal” market. Finally, the Committee recommends that the State party
provide information in its next periodic report about the measures taken to
protect child domestic workers.
Street Children
51. The Committee regrets the lack of information on street children in the
State party’s report, while the occurrence of children living in the street
appears to be widespread. The concern is accentuated by the fact that, as indicated
by the State party, a high number of street children are addicted to drugs and
are victims of sexual exploitation.
52. The Committee recommends that the State party :
(a) carry out an investigation for action to assess the scope and the causes
of the phenomenon and consider establishing a comprehensive strategy to address
the
high number of street children, paying particular attention to the most vulnerable
groups, with the aim of preventing and reducing this phenomenon in the best
interest of these children nd with their participation;
(b) provide street children with recovery and reintegration services and when
necessary with adequate nutrition, housing, necessary healthcare and educational
opportunities; and
(c) seek assistance from, inter alia, UNICEF.
Substance abuse
53. While noting the provision of the Juvenile Justice Law allowing the rehabilitation
of convicted children and/or adolescents suffering from drug addiction as an
alternative to imprisonment, the Committee is concerned at the scarcity of treatment
centres for drug addiction which also limits the possibility to place children
in
conflict with the law.
54. The Committee recommends that the State party continue with the development
of voluntary drug rehabilitation programmes. The Committee further recommends
that the State party take administrative, social and educational measures to
protect children from the illicit use of substance abuse and prevent the use
of children in the illicit production and trafficking of such substances.
Administration of juvenile justice
55. While welcoming the measures taken by the State Party to find alternatives
to the imprisonment of children and adolescents, the Committee remains concerned
at the insufficient number of judges specialized in the rights of the child..
The Committee is further concerned at allegations of ill-treatment of children
during detention and regrets in this respect the absence of information on provision
of adequate training and control of the police and prison personnel, as recommended
by the Committee in its previous concluding observations.
56. The Committee recommends the State party in particular to:
a) ensure systematic training for all personnel working in the juvenile justice;
b) continue to take all necessary measures to ensure that persons below 18 benefit
from alternatives to detention and, when needed, are only deprived of liberty
as a last resort and for the shortest appropriate period of time;
c) ensure that persons below 18 when in custody are in any case separated from
adults and those waiting for sentences are separated from those sentenced to
deprivation of liberty;
d) take urgent measures to efficiently ensure the prevention of ill-treatmnent
of persons below 18 in detention, in police centres and other detention places;
e) ensure the periodic review of deprivation of liberty;
f) strengthen the system of alternative measures to imprisonment through capacity
building and financial resources.
g) seek technical assistance from the UNICEF and OHCHR, among others;
Children belonging to indigenous groups
57. With respect to indigenous communities, the Committee takes note of the
State party’s efforts to increase the number of schools providing bilingual
education. It is however concerned at the insufficient number of indigenous
teachers and schools, and at the fact that education does not fully take into
account indigenous culture.
58. The Committee recommends that the State Party continue to increase the number
of indigenous schools and adequately trained indigenous teachers, and ensure
the right of indigenous children to learn to read and write in their own language
through methods adapted to their own culture. The Committee recommends that
the State party provide relevant information to indigenous children and their
communities on, inter alia, birth registration procedures, reproductive health,
HIV/AIDS, child abuse and neglect, child labour and sexual exploitation in order
to raise awareness of their rights. The Committee further recommends that the
State party strengthen mechanisms for the collection of data on children so
as to identify existing gaps and barriers to the enjoyment of human rights by
indigenous children, and with a view to developing legislation, policies and
programmes to address such gaps and barriers.
8. Follow-up and dissemination
Follow-up
59. The Committee recommends the State party to take all appropriate measures
to ensure full implementation of the present recommendations, inter alia, by
transmitting them to the members of the Council of Ministers or the Cabinet
or a similar body, the Parliament, and to provincial or State Governments and
Parliament, when applicable, for appropriate consideration and further action.
Dissemination
60. The Committee further recommends that the initial report and written replies
submitted by the State party and related recommendations (concluding observations)
it adopted be made widely available in both Entities, including through Internet
(but not exclusively), to the public at large, civil society organizations,
youth groups, and children in order to generate debate and awareness of the
Convention, its implementation and monitoring.
9. Next report
61. The Committee underlines the importance of a reporting practice that is
in full compliance with the provisions of article 44 of the Convention. An important
aspect of States parties’ responsibilities to children under the Convention
is ensuring that the Committee on the Rights of the Child has regular opportunities
to examine the progress made in the implementation of the Convention. The Committee
appreciates the State parts performance in this regard and it invites the State
party to submit its next periodic report (4th) by 19 September 2007. Such a
report should not exceed 120 pages (see CRC/C/148). The Committee expects the
State party to report thereafter every five years, as foreseen by the Convention.