COMMITTEE ON THE RIGHTS OF THE CHILD
Twenty Ninth session
CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
Concluding Observations of the Committee
on the
Rights of the Child: Guinea Bissau
1. The Committee considered the initial report
of Guinea-Bissau (CRC/C/3/Add.63) at
its 780th to 781st meetings (see CRC/C/SR.780-781),
held on 22nd May 2002, and adopted At the xxxth
meeting, held on 7th June 2002. the following
concluding observations.
A. Introduction
2. The Committee welcomes the submission
of the State Party�s frank and informative
initial report and the written replies
to its list of
issues (CRC/C/Q/GUIB/1). The Committee
welcomes also the high level delegation
and the constructive
dialogue that took place.
B. Positive factors
3. The Committee welcomes:
a) the initiation of the process of ratification
by parliament in December 2001, of the Optional
Protocol to the Convention on the Rights of
the Child:
i. on the Involvement of Children in Armed Conflicts.
ii. on the Sale of Children, Child Prostitution
and Child Pornography
b) the ratification in 2000, of the 1997 Convention
on the Prohibition of the Use, Stockpiling,
Production and Transfer of Anti-personnel Mines
and their Destruction and the creation of the
National Council for Anti Mines Action.
4. The Committee also welcomes:
a) the creation of the Institute for Women and
Children in 2000.
b) the fact that the Committee against harmful
practices has been legally institutionalised.
c) the prohibition, under law, of corporal punishment
in the family and schools and other contexts.
5. The Committee notes the State party's:
a) efforts to consult children through
the "children's
fortnight" mechanism placing emphasis
on children's views over a two week
period and
the holding of a children's parliament.
b) development of the "FIRKIDJA" programme
in support of basic education and focusing
on
access to education, the quality of
education and strengthening education
management.
c) efforts to improve understanding
and knowledge of children's rights
among the general public
and children through information campaigns,
including the "children's voice" radio
programme as described in the State
party report
at, inter-alia, paragraphs 67, 97 and
123.
C. Factors and difficulties impeding the
implementation of the Convention
6. The Committee notes with deep concern that
a series of factors very seriously impede the
implementation of children's rights, notably
in the areas of health and education. The Committee
notes, in particular, that the armed conflict
in 1998/1999 had a very damaging impact on the
country's infrastructure including upon education
and health services. The Committee recognises
the very poor economic conditions in the State
party, the weight of the State's external debt,
that a large proportion of the population lives
in deep poverty and that the country ranks very
low on the Human Development Index. Finally,
the Committee notes the low literacy level among
the population in general and the burden of
longstanding traditions some of which hinder
the Convention's implementation.
D. Principal subjects of concern, suggestions
and recommendations
D1. General measures of implementation
(arts. 4, 42 and 44, paragraph 6 of the Convention)
Legislation
7. The Committee is concerned to note that:
a) There is "an absence of specific legislation
on the implementation of the Convention" (as
indicated in the State party report,
paragraph 61).
b) The law on Children's and Women's Protection,
which was approved by Parliament in 1997, has
not been implemented and that the status of
this law, according to the delegation, is unclear.
c) The review of, inter-alia, penal law and
family and labour legislation has not produced
concrete results so far.
d) Customary law which does not fully comply
with the Convention is applied much more often
than national legislation, particularly on issues
relevant to children, girls/women and the family.
8. Noting as a positive step the reactivating
by the Parliament of the Ad Hoc Commission for
the Child and Woman, the Committee urges the
State party:
a) To strengthen and speed-up the process of
revision and harmonisation of national laws
in the light of and in accordance with the principles
and provisions of the Convention.
b) Take the necessary steps, including involvement
of community and traditional leaders, to bring
customary law practices into compliance with
the provisions and principles of the Convention.
c) Seek technical assistance from UNICEF and
OHCHR
Implementation, co-ordination, monitoring and
national plan of action
9. While noting the creation of the National
Council for Childhood (see paragraphs 100 and
126 of the State party report) and the recent
establishment of the Institute of the Woman
and the Child (see the State party replies to
the list of issues, Part III), the Committee
remains deeply concerned by:
a) the lack of a well defined and comprehensive
children's rights policy and up to date national
plan of action for the implementation of the
Convention.
b) the many difficulties encountered in the
coordination and evaluation of the Convention's
implementation.
c) a lack of monitoring of the Convention's
implementation.
10. The Committee urgently recommends that the
State party:
a) develop and implement a comprehensive child
rights policy and National Plan of Action, to
replace the 1992 Plan.
b) provide the National Council for Childhood
or the Institute of the Woman and the Child
with the necessary financial and human resources
in order to allow one of these bodies to perform
the role of promoting and coordinating the activities
for the implementation of the rights of women
and children.
c) the Committee urgently recommends that the
State party establish an independent and effective
mechanism in accordance with the Paris Principles
relating to the status of national institutions
for the promotion and protection of human rights
(General Assembly resolution 48/134), provided
with adequate human and financial resources
and easily accessible to children.
d) seek technical assistance from UNICEF and
OHCHR.
Resources for children
11. The Committee is deeply concerned that budget
allocations for services, such as health and
education are extremely low and, in addition,
that the single dependence on foreign assistance
raises concerns as to the sustainability of
the required resources. The Committee notes,
further, that teachers and many other State
employees often do not receive their salaries.
12. Toward strengthening its implementation
of article 4 of the Convention, and in the light
of articles 2, 3, and 6, the Committee recommends
that the State party:
a) establish a clear policy on the allocation
of resources in favour of children, including
those resources allocated by international agencies
or bilateral assistance.
b) prioritise budgetary allocations to ensure
implementation of the rights of children, to
the maximum extent of available resources and,
where needed, within the framework of international
cooperation.
c) Ensure the payment of salaries to State employees
whose work is essential to respect for children's
rights.
Data collection
13. The Committee is concerned at the absence
of reliable data and the lack of an adequate
data collection mechanism.
14. The Committee urges the State party to:
a) systematically collect disaggregated quantitative
and qualitative data incorporating all the areas
covered by the Convention and covering all children
below the age of 18 years.
b) give particular attention to data with regard
to those children in need of special protection.
c) Use the data collected to support monitoring
and evaluation of the Convention's implementation.
d) seek technical assistance from inter alia,
the United Nations Population Fund (UNFPA),
and UNICEF.
Co-operation with NGOs
15. Noting the State party's strong collaboration
with national and international NGOs and the
major contribution made by NGOs to the Convention's
implementation, the Committee is convinced that
the NGO contribution and collaboration the State
Party's collaboration with NGOs could be strengthened
further and become more systematic.
16. The Committee recommends that the State
party
a) Continue and further strengthen its systematic
collaboration with NGOs.
b) Improve coordination of State party activities
with those of NGOs with regard to the Convention's
implementation, including through the establishment
of a coordination mechanism for this purpose.
Dissemination of the Convention
17. While noting the State party's efforts to
promote the Convention, including in schools,
the Committee remains concerned that there is
insufficient awareness of the Convention among
children, professionals working with children,
parents and the public in general.
18. The Committee recommends that the State
Party:
a) Strengthen its efforts to disseminate the
principles and provisions of the Convention,
as a measure to sensitise society on children's
rights.
b) Involve local communities in its programmes
in order to prevent and combat customs and traditions
that impede the implementation of the Convention
and ensure that dissemination efforts reach,
inter-alia, parents, persons who are illiterate
and children themselves.
c) Undertake systematic education and training
on the provisions of the Convention for all
professional groups working for and with children,
in particular parliamentarians, judges, lawyers,
law enforcement officials, civil servants, municipal
and local workers, personnel working in institutions
and places of detention for children, teachers,
health personnel, including psychologists, paediatricians
and social workers.
d) Consider introducing human rights education,
including on the rights of the child, into all
schools' curricular and extra-curricular activities.
e) Seek technical assistance from, inter
alia, UNICEF.
D2 Definition of the child (article 1
of the Convention)
19. The Committee is concerned that:
a) Differences in the minimum legal age of marriage
for girls (14) and boys (16) is discriminatory,
and that in practice the marriage of girls at
age 13 or 14 is common.
b) That boys under age 16 are legally permitted
to join the armed forces, if they have parental
agreement and that children well under age 16
were recruited into armed forces in 1998 and
1999, during the internal armed conflict.
20. The Committee recommends that the State
party:
a) Raise the minimum legal age of marriage of
girls so that it is the same for girls as for
boys and enforce respect for this minimum age.
b) Clearly define the legal minimum age at which
children can be recruited into the armed forces,
raising the age limit to comply, at a minimum,
with the standards set in the Optional Protocol
to the Convention on the Rights of the Child
on the involvement of children in armed conflict
and ensure enforcement of these standards.
D3. General principles (Arts. 2, 3, 6
and 12 of the Convention)
Discrimination
21. The Committee is concerned that:
a) the list of criteria for which discrimination
is prohibited under the Constitution, as described
in the State party report (paragraph 146), is
limited in relation to the Convention's article
2 and omits, notably, discrimination for political
belief.
b) as noted in the State party report
(paragraph 140) "girls are highly
penalized not only at the level of
the family but in society
in
general."
c) discrimination is prevalent against children
with disabilities.
22. The Committee recommends that the State
party:
a) amend legislation to ensure that it fully
corresponds with the provisions of the Convention's
article 2.
b) formulate policies and programmes with a
view to addressing discrimination against specific
groups of children, in particular girls and
children with disabilities.
23. The Committee requests that specific information
be included, in the next periodic report, on
the measures and programmes 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 General Comment no 1 on article 29(1)
of the Convention (aims of education).
Best interests of the child
24. The Committee is concerned that:
a) The principle of the "best interests
of the child" has not been fully
implemented by the State party or reflected
in legislation,
policy, programmes and activities.
b) As indicated by the State Party in its replies
to the list of issues, the principle of the
best interests of the child is not reflected
at all in customary law.
25. The Committee recommends that the State
party:
a) Urgently implement the principle of the best
interests of the child through all of its activities
related to children and the Convention's implementation
including, inter-alia, in legislation, policy,
programmes and activities.
b) Ask for international assistance to undertake
a study on the best interest principle and its
implementation, in order to ensure its wide
application throughout Government and society.
Respect for the views of the child
26. Noting the establishment of the Children's
Parliament and the Children's Fortnight, the
Committee remains concerned that as noted in
the State Party report (paragraph 155) children's
opinions are not given sufficient consideration
in Guinean society.
27. The Committee recommends that the State
party ensure that children's views are given
due consideration, in accordance with article
12 of the Convention, in the family, in schools
and in all relevant administrative and other
processes concerning them through, inter-alia,
the adoption of appropriate legislation, the
training of professionals and the establishment
of specific activities in schools.
D4. Civil rights and freedoms (arts.
7, 8. 13-17 and 37 (a))
Name and nationality
28. Noting the significant efforts by the State
Party to improve birth registration, the Committee
remains concerned that not all children are
registered at birth and that the imposition
of a financial fine upon parents who register
the birth of their child after the expiry of
the official deadline is a hindrance to birth
registration.
29. The Committee recommends that the State
party:
a) Review its birth registration procedures,
consider the abolition of sanctions for late
registration, and continue to use creative means
of raising birth registration (such as the use
of mobile registration units in rural areas
and sensitisation campaigns) toward ensuring
the systematic registration of all births.
b) Seek technical assistance from UNICEF.
D5. Family environment and alternative care
(arts. 5; 18 (paras. 1-2); 9-11; 19-21; 25;
27 (para. 4); and 39)
Ill-treatment and abuse
30. The Committee is concerned that
a) sexual abuse of children within the context
of the family, including the extended family
is a regular occurrence.
b) corporal punishment is widely practiced in
the family.
c) domestic violence, particularly against women,
is widespread and frequently used as a way to
resolve family conflicts and that this violence,
even when not directly inflicted upon a child,
has a very negative impact on children's development.
31. The Committee recommends that the State
party:
a) Undertake a study on the scope of abuse and
ill-treatment of children in the family.
b) take steps to end the sexual abuse of children,
including through improving the access of children
and adults to reporting mechanisms, increasing
investigation of cases and the prosecution of
those persons responsible
c) combat the practice of corporal punishment
of children in the family, including through
the use of information campaigns on the harm
it can cause and on the importance of alternative
measures of discipline.
d) Take all appropriate measures to address
and prevent domestic violence, whether physical
or mental, within the family and to ensure the
full protection of children against this type
of violence.
e) Raise awareness among the public of the problem
of domestic violence toward changing traditions
that inhibit victims, particularly women and
girls from reporting it.
f) Investigate cases of domestic violence, and
sexual abuse, through a child-sensitive judicial
procedure, and that sanctions be applied to
perpetrators with due regard given to guaranteeing
the right to privacy of the child.
g) in the light of articles 19 and 39 of the
Convention, implement measures for reporting,
referral, intervention and rehabilitation of
victims, toward ensuring the recovery and reintegration
of victims.
h) Take note of the recommendations
of the Committee's Days Of General
Discussion on "Violence
Against Children."
Separation from parents and alternative care
32. The Committee is concerned that:
a) as noted in the State party report, there
are insufficient administrative and judicial
mechanisms through which children's rights can
be protected when they are separated from their
parents
b) alternative care for these children is insufficient.
c) the common use of "informal adoption" procedures
can lead to the violation of children's
rights.
33. The Committee recommends that the State
party:
a) Strengthen the existing child protection
structure or, if necessary, establish new structures
through which the rights of the child are well
protected
b) Establish, and/or strengthen, alternative
care services (such as kinship, foster care
and family type homes) which avoid as far as
possible institutional care, and ensure that
informal adoption procedures respect and contribute
to the protection of the principles and provisions
of the Convention.
c) Provide child protection workers (professionals
and volunteers) with training (including on
the Convention) and sufficient financial resources
to fulfil their role.
d) Seek assistance through international cooperation,
including from UNICEF.
D6. Basic health and welfare (arts. 6;
18, para. 3; 23; 24; 26; 27, paras 1-3)
34. The Committee is deeply concerned by:
a) the limited access to, capacity and quality
of health care services, including in terms
of distance between people's homes and health
facilities, cost and the insufficient number
of hospital beds and the limited availability
of affordable and appropriate medication.
b) high rates of infant and maternal mortality,
rates of malnutrition and inadequate immunisation
and high mortality rates from malaria.
c) limited proportion of the population with
access to safe water and adequate sanitation,
including in schools, and related cholera and
meningitis epidemics.
d) low levels of health education within communities.
35. The Committee recommends that the State
party:
a) Significantly increase its expenditure on
health.
b) Significantly improve children's access to
health services and to medication including
by strengthening the quality and capacity of
health infrastructure, providing financial assistance
or free medical care to those children and their
families in need of such support and addressing
the access concerns of those children living
in isolated rural communities.
c) Take action to address specific concerns,
including infant and maternal mortality, malnutrition,
inadequate immunisation, rates of malaria, cholera
and meningitis epidemics.
d) Take action to ensure the access of all children
to drinking water and adequate sanitation, including
in schools and to ensure adequate waste disposal
arrangements.
e) Seek assistance through international cooperation
in this regard.
Children with disabilities
36. While noting that a major effort was made
to address the situation of children with disabilities
from 1986 (see State Party report, paragraph
189), the Committee remains concerned that:
a) the rights of children with disabilities
are very poorly respected (see State Party report
paragraph 187), societal discrimination is prevalent
against children with disabilities, including
children with Down's syndrome and that there
are cases of the killing of new born children
who have physical disabilities.
b) as indicated in the State party report, the
law does not prohibit discrimination against
the disabled specifically, there is no law mandating
accessibility for persons with disabilities
and that existing legislation with regard to
children with disabilities is not implemented.
c) there is a lack of health, educational or
professional training facilities for children
with disabilities (see State Party report, paragraph
147) and that, in particular, children with
disabilities have very limited access to formal
education.
d) Children with disabilities often have serious
difficulty in gaining access to public buildings,
including to hospitals and schools.
37. The Committee recommends that the
State party, in the spirit of the UN
Guidelines
on
Disabilities and the results of the
Committee's Day of General Discussion
on "The Rights
Of Children With Disabilities":
a) Develop and/or amend legislation to ensure
prohibition of discrimination on the grounds
of disability and to ensure the access of children
with disabilities to public transportation and
public buildings, including all schools and
hospitals.
b) Ensure the implementation of all legislative
measures of protections with regard to children
with disabilities with particular regard to
non-discrimination and giving attention to practices
such as the killing of new born children with
disabilities.
c) Significantly strengthen its assistance to
children with disabilities and ensure, inter-alia,
their access to health, educational and professional
facilities.
d) Review the recommendations made at the 1st
National Conference on persons with disabilities
(State Party report paragraph 190) and implement
those recommendations which remain valid.
e) Revive services that have been established
to assist persons with disabilities in the past,
but which are no longer functioning, or functioning
only in part (State Party report paragraph 195-198).
f) Seek international cooperation in this regard.
Adolescent health
38. The Committee is concerned that insufficient
attention is given to the prevention of adolescent
health concerns.
39. The Committee recommends that the State
party strengthen its efforts to address adolescent
health concerns, with a particular focus on
prevention and including the provision of adequate
reproductive health education.
HIV/AIDS
40. The Committee is deeply concerned by the
negative impact of the growing rate of HIV/AIDS
infection on the cultural, economic, political,
social and civil rights and freedoms of children
infected with or affected by HIV/AIDS, including
the Convention's general principles and with
particular reference to rights to non-discrimination,
to health care, education, food and housing
as well as to information and freedom of expression.
41. The Committee recommends that the State
party:
a) Integrate respect for the rights of the child
into the development and implementation of its
HIV/AIDS policies and strategies on behalf of
children infected with and affected by HIV/AIDS,
as well as their families, including by making
use of the International Guidelines on HIV/AIDS
and Human Rights (E/CN.4/1997/37) and with particular
reference to children's rights to non-discrimination,
health, education, food and housing, as well
as the rights to information and freedom of
expression.
b) Make every effort to provide for the treatment
of children and their parents infected by HIV/AIDS.
c) Strengthen programmes to prevent the transmission
of HIV/AIDS and to ensure protection of the
rights of AIDS orphans.
d) Take note of the results of the
Committee's General Discussion on "Children Living In A
World With Aids" (5th October 1998).
e) Seek international cooperation in this regard.
Harmful traditional practices
42. Noting the work undertaken to address female
genital mutilation and other harmful practices,
including through international cooperation,
the Committee remains deeply concerned that:
a) As indicated in the State party report, the
early marriage of girls - often around age 13
or 14 - is common (see State Party report paragraph
33) and can lead to poor health for girls.
b) Female genital mutilation is practiced widely
within certain ethnic groups, especially the
Fulas and the Mandinkas.
c) as indicated in the State party report (paragraph
202), traditional food taboos are common and
thought to be one cause of malnutrition among
children and mothers.
43. The Committee recommends that the State
party:
a) Make every effort to combat practices involving
the early marriage of girls, including through
the involvement of community leaders and the
use of education campaigns.
b) Continue and strengthen its efforts to end
practices of female genital mutilation for example
through legislative prohibition, the implementation
and enforcement of legislation and through public
awareness campaigns.
c) Take steps to end the practice of harmful
traditional food taboos by children and mothers.
d) Strengthening and further supporting the
work of the Committee against harmful practices.
e) Seek cooperation with other countries in
the region with a positive experience in combating
these harmful practices.
D7. Education, leisure and cultural activities
(arts. 28, 29, 31)
44. Despite increases in enrolment over the
last decade, the Committee remains concerned
that:
a) Literacy rates and primary and secondary
school enrolment rates among children are extremely
low.
b) There are major differences in the access
of children to education across the country.
c) Literacy and enrolment among girls are much
lower than the already worrying rates for boys.
d) Primary education, where available, is of
a low quality and many schools offer only the
1st and 2nd grades and few offer more than 4
years of education.
e) Schools lack adequate books and materials.
f) Only 1% of children have access to nurseries,
kindergartens or similar institutions (see State
Party report paragraph 217)
g) Many teachers have not received any formal
training.
h) The number and quality of special education
institutions are extremely limited.
i) 90% of education costs are supported by external
assistance (see State Party report, paragraph
216).
45. The Committee recommends that the State
party:
a) Raise the State party's contribution to the
education budget to the maximum of available
resources, while also continuing to seek support
through international co-operation.
b) Strengthen education infrastructure including
with regard to administration, management, educational
planning, the quality of education in general,
the training of teachers and other staff, the
construction of additional schools and classrooms,
and the provision and quality of text books
and other school materials and equipment.
c) Consider strengthening the quality of primary
and secondary school curricula, taking into
consideration the Committee's general comment
on article 29 (1) of the Convention and the
aims of education (CRC/GC/2001/1, CRC).
d) Urgently take action to increase the proportion
of child enrolment in primary school and completion
of compulsory education.
e) Urgently give special attention to raising
the proportion of girls completing their primary
and secondary education including through affirmative
action and similar special measures, by ensuring
that girls have the same opportunities as boys
to attend formal education and ensuring that
the education of girls is seen, by parents,
families and communities, as of equal importance
as that of boys, and as a right of all children.
f) Make every effort to ensure that compulsory
education is free for all children, including
with regard to text books and uniforms for disadvantaged
children and families.
g) Increase the number, capacity and quality
of special education institutions
h) Seek technical assistance from UNICEF and
UNESCO in this regard.
Leisure
46. The Committee is concerned that children
living in urban centers have very few areas,
such as parks, in which they can play safely
and that the State party report itself notes
the absence of parks in the country (paragraph
230).
47. The Committee recommends that the State
party:
a) Ensure the existence of areas, such as parks,
within urban centers, which may be used by children
for leisure activities.
b) Consider the adoption of legislation or administrative
rules, and the allocation of an appropriate
budget, to ensure that leisure areas for children
are maintained as a priority in urban planning
decisions.
D8. Special protection measures (arts.
22, 38, 39, 40, 37 (b)-(d), 32-36)
Children in armed conflict
48. The Committee is concerned that:
a) Children were involved in the recent internal
armed conflict, inter-alia, as combatants and
that many children may have suffered from psychological
trauma as a result.
b) Child soldiers may not have received support
toward demobilisation and family and social
reintegration.
c) There continue to be a considerable number
of landmines that place children at risk.
49. The Committee recommends that the State
party:
a) Ensure the demobilisation of all under age
soldiers, providing such children with assistance
to this end and in family and social reintegration.
b) Take steps to assess and respond to the needs
of child soldiers in terms of psychological
assistance.
c) Continue its land mine detection programme.
d) Seek international assistance in the form
of technical support, including from UNICEF,
in this regard.
Commercial exploitation
50. While noting the efforts underway to address
this concern, the Committee is concerned that
as noted in the State Party report, the economic
exploitation of children is extremely serious
and growing worse (paragraphs 250-253, SP report)
and that, in particular (paragraph 142 SP report)
the numbers of children working in the non-formal
sector is increasing and that children are often
compelled to perform the same work as adults
and in highly difficult and dangerous conditions.
51. The Committee recommends that the State
party make every effort:
a) to combat the economic exploitation of children
through labour, with particular regard to the
informal work sector.
b) to ensure respect for the minimum age of
employment, in accordance with international
standards.
c) ensure that working children above age 14
benefit from adequate and full protection, including
with regard to conditions of work and pay.
d) make every effort to ensure that those children
who do work continue to have access to education.
e) to ratify and implement ILO Conventions 138
concerning the Minimum Age for Admission to
Employment and 182 concerning the Prohibition
and Immediate Action for the Elimination of
the Worst Forms of Child Labour
Street children
52. The Committee is concerned at the number
and situation of street children in urban regions
of the State Party.
53. The Committee recommends that the State
Party make every effort to provide assistance
to these children and to address the causes
leading children to life on the streets.
Sexual exploitation, trafficking
54. The Committee is concerned by the lack of
information regarding the activities of the
very high proportion of children who do not
go to school. There are indicators that these
children may, in urban areas, be involved in
prostitution or may spend much time on the street
where they are vulnerable to many kinds of exploitation
(for example, in drug-trafficking, sexual exploitation,
drug abuse).
55. The Committee recommends that the State
party:
a) undertake a study to asses the situation
of children not attending school and to implement,
based on the results of the study, all appropriate
measures to effectively protect children from
all forms of exploitation, including through
prevention and the rehabilitation and recovery
of child victims.
b) prepare a Plan of Action to address the sexual
exploitation of children taking note of the
recommendations made in the Declaration and
Agenda for Action and the Global Commitment
adopted at the 1996 and 2001 World Congresses
against Commercial Sexual Exploitation of Children.
c) seek regional cooperation in this regard.
Substance abuse
56. Noting the State Party's efforts in this
regard, the Committee is concerned that, as
indicated in the State Party report, substance
abuse by children is a major concern.
57. The Committee recommends that the State
party take action to combat substance abuse
by children, including through public education
campaigns and seek regional cooperation in this
regard.
Administration of justice
58. The Committee is concerned that, as noted
by the State Party report:
a) (see paragraph 106), with regard
to "the
judicial level of services" legislation
is insufficient and ineffective, and
that the
judicial system lacks courts and trained
staff to deal with juveniles.
b) there are no institutions for the prevention
of crime among minors and for their rehabilitation
(paragraph 241).
c) minors are sometimes held with other persons
(for example, adults or convicted persons) from
whom they should normally be separated.
d) that the rights of children are not fully
respected in instances where customary law is
applied.
59. The Committee recommends that the State
party:
a) Amend and/or adopt and implement legislation
providing for the full application of juvenile
justice infrastructure, in accordance with the
provisions of the Convention and other international
standards.
b) In this regard, develop mechanisms and provide
adequate resources, including with regard to
the establishment of juvenile justice courts,
to ensure the full implementation of juvenile
justice standards and in particular articles
37, 40 and 39 of the Convention, as well the
United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (the Beijing
Rules) and the United Nations Guidelines for
the Prevention of Juvenile Delinquency (the
Riyadh Guidelines).
c) Ensure that detention or imprisonment of
children is used only as a measure of last resort
and that children are detained or imprisoned
separately from adults.
d) Make efforts to ensure that the practice
of traditional law, where it involves children,
is in full accordance with the rights afforded
to children under the Convention.
e) Seek assistance from, inter alia, the Office
of the High Commissioner for Human rights, the
United Nations Centre for International Crime
Prevention, the International Network on Juvenile
Justice, and UNICEF through the United Nations
Coordination Panel on Technical Advice and Assistance
on Juvenile Justice.
Dissemination of the reports
60. Finally, in light of article 44, paragraph
6, of the Convention, the Committee recommends
that the initial report and written replies
submitted by the State party be made widely
available to the public at large and that the
publication of the report be considered, along
with the relevant summary records and concluding
observations adopted thereon by the Committee.
Such a document should be widely distributed
in order to generate debate and awareness of
the Convention and its implementation and monitoring
within all levels of administration of the State
party and the general public, including concerned
non-governmental organizations.
Reporting
61. In light of the recommendation on reporting
periodicity adopted by the Committee and described
in its report of the 29th Committee session
(CRC/C/114), the Committee, aware of the considerable
delay in the State party's reporting, 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' responsibilities to children under
the Convention includes ensuring that the UN
Committee on the Rights of the Child has regular
opportunities to examine the progress made in
the Convention's implementation. In this regard,
regular and timely reporting by State parties
is crucial. The Committee recognises that some
State parties experience difficulties in initiating
timely and regular reporting. As an exceptional
measure, in order to help the State party catch
up with its reporting obligations in full compliance
with the Convention, the Committee invites the
State party to submit its 2nd, 3rd and 4th reports
in one consolidated report by the 18th September
2007. The Committee expects the State Party
to report thereafter every 5 years, as foreseen
by the Convention.