Convention on the Rights of the Child
Distr.
GENERAL
CRC/C/15/Add.236
1 July 2004
Original: ENGLISH
COMMITTEE ON THE RIGHTS OF THE CHILD
Thirty-sixth session
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
Concluding observations: Liberia
1. The Committee considered the initial report of Liberia (CRC/C/28/Add.21)
at its 957th and 958th meetings (see CRC/C/SR.957-958), held on 25 May 2004,
and adopted at the 971st meeting (CRC/C/SR.971), held on 4 June 2004, the following
concluding observations.
A. Introduction
2. The Committee welcomes the submission of the State party’s reports,
as well as the written replies to its list of issues (CRC/C/Q/LIB/1), which
gave a clearer understanding of the situation of children in the State party.
The Committee further notes with appreciation the high level delegation sent
by the State party and welcomes the frank dialogue and the positive reactions
to the suggestions and recommendations made during the discussion.
B. Positive aspects
3. The Committee notes with appreciation:
(a) The formulation of a framework of a National Plan of Action for Children
(2000 2015) and the comparative analysis of the articles of the Convention of
the Rights of the Child and the Liberian Constitution in 2000;
(b) The establishment of a Ministry of Gender and Development with a portfolio
on children’s affairs in 2001;
(c) The establishment of the National Child Rights Observatory Group in 2003
as well as of the Children’s Parliament in 2002;
(d) The ratification in 2003 of ILO Convention No. 182 concerning the Prohibition
and Immediate Action for the Elimination of the Worst Forms of Child Labour;
(e) The comprehensive Peace Agreement signed in 2003 and the related Disarmament,
Demobilization, Rehabilitation and Reintegration (DDRR) Programme and the Result-Focused
Transition Framework (RFTF) identifying key priority areas with regard to the
Convention on the Rights of the Child
C. Factors and difficulties impeding the implementation of the Convention
4. The Committee notes with deep concern that the recent armed conflict in the
State party has had and is having a very negative impact on the country as a
whole and children in particular. This man-made disaster has seriously impaired
the implementation of the Convention on the Rights of the Child, an implementation
process that faces many serious problems and challenges.
General observation and recommendation
5. The armed conflict in the State party caused, inter alia, very severe and
large-scale violations of the human rights of the children. The State party
faces almost overwhelming challenges to rebuild the infrastructures and basic
social services necessary for the implementation of the rights of the child.
About 20,000 children have been involved in the recent armed conflict and are
in urgent need of rehabilitation and social reintegration. The war led to the
destruction of almost all of the schools in the country. In 2004, less than
50 per cent of children were enrolled in primary education. Life expectancy
at birth is 53 years, and out of 1,000 children, 157 die before the age of one
and 235 before the age of 5. The vast majority of doctors, nurses and physician
assistants have left the country (before 2000, there were around 260 doctors,
currently there are 30). Only 20 per cent of children are fully immunized and
35 per cent are undernourished. These and other severe challenges for the child’s
right to life, survival and development should be addressed and require major
efforts from the State party for which international assistance is of crucial
importance.
6. The Accra Peace Agreement (August 2003), the Disarmament, Demobilization,
Rehabilitation and Reintegration programme (DDRR) and the Result-focused Transition
Framework (RFTF), elaborated under the auspices of the United Nations and other
international organizations, form a good basis and instrument for addressing
at least the most urgent matters.
7. In the present document, the Committee will make observations and recommendations
regarding the implementation of children’s rights in the State party with
particular attention to the family environment, health, education, the situation
of former child soldiers and other child victims of the armed conflict, and
the many other groups of children living in very difficult circumstances.
8. The Committee urges the State party to undertake every measure possible to
restore enjoyment by the children in Liberia of their rights as enshrined in
the Convention and make this the highest priority and have it reflected in the
allocation of human and financial resources. In this regard, the State party
should urge the international community, other States agencies of the United
Nations system, and NGOs to meet their pledges in the most expedient manner
and to further increase their financial and humanitarian assistance. The Committee
wishes to express its full support for such an appeal, taking into account the
importance the Convention attaches to international cooperation to assist State
parties to meet their international obligations under the treaty.
D. Principle areas of concern and recommendations
1. General measures of implementation
Legislation
9. The Committee is concerned that some provisions of the existing legislation
and some of customary law are not consistent with the principles and provisions
of the Convention.
10. The Committee recommends that the State party undertake a comprehensive
review of legislation in order to ensure that its domestic legislation conforms
fully to the principles and provisions of the Convention.
National plans of action
11. The Committee welcomes the development of a framework for a National Plan
of Action for Children in 2001 and of a Joint Needs Assessment and Results-Focused
Transition Framework elaborated in 2003 that has incorporated key child rights
issues. However, the Committee is concerned that a comprehensive national plan
of action has not yet been finalized, approved and implemented.
12. The Committee recommends that the State party take all the necessary steps
to develop, adopt and implement a national plan of action for children, taking
into account issues raised in the document entitled “A world fit for children”,
adopted by the General Assembly in its resolution S-27/2. The Committee also
recommends that the State party seek technical and other assistance from, among
others, UNICEF.
Coordination
13. While taking note that the Ministry of Gender and Development is endowed
with the responsibility of coordinating all activities relating to the implementation
of the Convention on the Rights of the Child, the Committee is concerned that
the Children’s Unit within the Ministry is not yet fully operational.
14. The Committee recommends that the State party take all necessary measures
to allocate sufficient human and financial resources to the existing coordination
mechanisms by involving other stakeholders, such as community-based groups and
NGOs. In particular, the Committee recommends that the Children’s Unit
in the Ministry of Gender and Development become fully operational as soon as
possible.
Independent monitoring
15. While welcoming the establishment of an Independent National Commission
on Human Rights (INCHR) following the Comprehensive Peace Agreement (CPA) in
August 2003, the Committee remains concerned that the mandate of the INCHR does
not provide for specific measures to deal with children’s rights and individual
complaints.
16. Taking into account its General Comment No. 2 (2002) on the role of national
human rights institutions, the Committee recommends that the State party provide
INCHR with adequate human and financial resources and enable it to monitor and
evaluate progress in the implementation of the Convention at national and local
level. Moreover, INCHR should be empowered to receive and investigate complaints
about violations of children’s rights and address them effectively in
a child-sensitive manner.
Resources for children
17. The Committee is concerned that budgetary allocations are insufficient to
respond to national and local priorities for the promotion and protection of
children’s rights. The Committee is also concerned that aggravated by
internal strife and governance problems, international development assistance
is slowly delivered.
18. In the light of articles 2 and 3, the Committee recommends that the State
party pay particular attention to the full implementation of article 4 of the
Convention by prioritizing budgetary allocations to ensure implementation of
the economic, social and cultural rights of children, in particular those belonging
to economically disadvantaged groups, “to the maximum extent of …
available resources and, where needed, within the framework of international
cooperation”.
Data collection
19. While acknowledging some efforts made by the State party, the Committee
is concerned about the existing lack of systematic and comprehensive collection
of disaggregated data for all areas covered by the Convention and in relation
to all groups of children in order to monitor and evaluate progress achieved
and assess the impact of policies adopted with respect to children.
20. The Committee recommends that the State party develop a system of data collection
and indicators consistent with the Convention and disaggregated by gender, age,
and urban and rural areas. This system should cover all children up to 18 years
with specific emphasis on those who are particularly vulnerable. It further
encourages the State party to use these indicators and data for formulation
of policies and programmes for the effective implementation of the Convention.
The Committee recommends that the State party seek technical assistance from,
among others, UNICEF.
Dissemination of the Convention
21. The Committee recognizes the particular importance of an understanding of
children’s rights in the current post-conflict reconstruction in the State
party, and remains concerned that dissemination and understanding of the Convention
is sill very limited.
22. In the light of article 42, the Committee recommends that the State party
make additional efforts in the dissemination of the Convention, provide training
on its provisions for professionals, inter alia, law officials, teachers and
health workers, and provide teaching on its provisions to the adult population.
The State party should ensure that such training focuses on, and contributes
to, practical implementation of the Convention’s provisions and principles.
In addition, the Committee recommends that the State party make every effort
to develop a culture of knowledge and respect for human rights in all sectors
of the population.
2. General principles
Non-discrimination
23. While noting that discrimination is prohibited under the Constitution, the
Committee is concerned at the persistence of de facto discrimination in the
State party. In particular, the Committee is concerned at the disparities in
the enjoyment of rights experienced by children belonging to the most vulnerable
groups, among others, girls, children with disabilities and children living
in rural areas and children belonging to ethnic Mandingo, Krahn and Gbandi groups.
24. The Committee recommends that the State party increase its efforts to ensure
implementation of existing laws guaranteeing the principle of non-discrimination
and full compliance with article 2 of the Convention, and to adopt a proactive
and comprehensive strategy to eliminate all forms of discrimination, in particular
against vulnerable groups.
25. 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 Durban
Declaration and Programme of Action adopted at the 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).
Right to life
26. The Committee is seriously concerned that respect for the inherent right
to life of a person under 18 is not fully guaranteed under the law in the State
party. The Committee is particularly concerned about the applicability of death
penalty for crimes committed by children aged 16 and 17 years of age and emphasizes
that such a penalty is in violation with article 37 (a) of the Convention.
27. The Committee urges the State party to amend its Penal Law in accordance
with article 37 (a), and to abolish by law the imposition of the death penalty
for crimes committed by persons under 18 years of age and replace the already
issued death sentences for children under 18 with a sanction in accordance with
the Convention.
Respect for the views of the child
28. The Committee notes with appreciation the establishment of a Children’s
Parliament in the State party and the cooperation with international organizations
for the promotion of child participation. However, the Committee is concerned
that as a result of prevailing traditional attitudes, children are often not
consulted about decisions affecting them in development and reconstruction programmes,
administrative procedures, in the family and at school.
29. The Committee recommends that the State party make further efforts to ensure
the implementation of the principle of respect for the views of the child. In
this connection, particular attention should be paid to the right of every child
to participate in the family, at school and other institutions and bodies as
well as in society at large. This principle should also be reflected in all
laws, policies and rehabilitation and development programmes relating to children.
Furthermore, the State party should organize awareness-raising campaigns among
the public at large as well as undertake education and training programmes aimed
at professionals on the implementation of this principle.
Best interests of the child
30. The Committee is concerned that the principle of best interests of the child
is not fully integrated into all policies and legislation affecting children.
31. The Committee recommends that the State party review all legislation affecting
children with a view to incorporating the principle of the best interest of
the child as stipulated in article 3 of the Convention into legislation, regulations,
judicial and administrative procedures and decisions.
3. Civil rights and freedoms
Name and nationality
32. The Committee is very concerned that the granting of citizenship to children
born in the State party is restricted on the basis of colour or racial origin
by the provisions contained in article 27 of the Constitution and the Alien
and the Nationalization Law, which are contrary to article 2 of the Convention
on the Rights of the Child.
33. The Committee recommends that the State party amend its Constitution and
citizenship laws to eliminate discrimination on the basis of colour or racial
origin.
Birth registration
34. The Committee shares the State party’s concern about the significant
numbers of children whose births are not registered, especially in rural areas.
35. In the light of article 7 of the Convention, the Committee recommends that
the State party undertake major efforts to increase registration of births,
including through the development of mobile registration units and increased
outreach activities and awareness-raising campaigns for families and traditional
birth attendants. It also recommends that the State party introduce an effective
system of registering births and free issuances of birth certificates, including
to those children who were not registered at birth. Further, the Committee recommends
the State party to seek international assistance, from UNICEF amongst others,
in this field.
4. Family environment and alternative care
Parental responsibilities
36. The Committee welcomes the new legislative amendments with regard to marriage,
inheritance and child custody. However, the Committee is concerned about the
de facto gender discrimination in the sharing of parental responsibilities.
37. The Committee recommends that the State party, in collaboration with community
and religious leaders, initiate laws, programmes and policies to prevent and
combat the de facto discriminatory practices with regard to parental responsibilities
and child custody.
Adoption
38. The Committee is concerned at the lack of interest in domestic adoption
in the State party and at the widespread use of informal adoption practices
that are not conducive to full respect for children’s rights. The Committee
is further concerned that there are no arrangements to regulate and monitor
intercountry adoptions.
39. In the light of article 21 and other related provisions of the Convention,
the Committee recommends that the State party:
(a) Take all necessary measures to reduce and eliminate informal adoption and
establish a system to regulate and monitor intercountry adoptions;
(b) Ratify and implement the Hague Convention No. 33 on Protection of Children
and Cooperation in respect of Intercountry Adoption;
(c) Inform the general public about the possibilities of formal adoption.
Children deprived of a family environment
40. The Committee takes note of the efforts made in the State party to trace
the members of separated families and to reunify children and their parents.
The Committee is deeply concerned at:
(a) The large numbers of children who have been deprived of a family environment
through the death of, or separation and abandonment from, their parents or other
family;
(b) The inadequate conditions and services provided in many orphanages and other
institutional settings for children without parents;
(c) The lack of quality standards and of a monitoring system for these institutions.
41. The Committee urges the State party:
(a) To make every effort to strengthen family tracing programmes;
(b) To plan for the effective provision of alternative care for separated children,
making use of the extended family, foster care and alternative family structures;
(c) To urgently adopt the relevant legislation in order to issue quality standards
and establish a monitoring system for institutional homes and, in particular,
orphanages operating in the State party, as well as to increase allocations
available to these institutions and to provide training for their staff;
(d) To take all appropriate measures to ensure that non-orphan children living
in institutional homes are brought back to their families, taking into consideration
the best interests of the child;
(e) To seek assistance from, among others, UNICEF.
Abuse and neglect
42. The Committee is concerned about the incidence of abuse, including sexual
and gender based violence and neglect of children in the State party.
43. The Committee recommends that the State party:
(a) Take all necessary measures to explicitly prohibit corporal punishment in
all places, including in the family, in schools and other institutions and childcare
settings;
(b) Properly investigate cases of violence, through a child-sensitive judicial
procedure by giving appropriate weight to children’s views in legal proceedings,
and apply sanctions to perpetrators, having due regard to guaranteeing the right
to privacy of the child;
(c) Provide services for the psychological recovery and social reintegration
of victims of rape, abuse, neglect, ill-treatment, violence or exploitation,
in accordance with article 39 of the Convention, and take measures to prevent
the criminalization and stigmatization of victims;
(d) Seek technical assistance from, among others, UNICEF and WHO.
5. Basic health and welfare
Children with disabilities
44. The Committee, taking into account the very high incidence of disability
in the State party as a consequence of the armed conflict, is concerned at the
lack of statistical data on children with disabilities in the State party, at
the inadequate legal and practical protection, at the situation of children
with physical and mental disabilities and, in particular, at the limited specialized
health care, rehabilitation programmes, education and employment possibilities
available to them. The Committee is also concerned about the insufficient efforts
made to facilitate their inclusion in the educational system and in society
in general as well as the inadequate resources allocated to special education
programmes for children with disabilities.
45. The Committee recommends that the State party:
(a) Ensure the use of adequate and comprehensive data in the development of
policies and programmes for children with disabilities;
(b) Review the situation of these children in terms of their access to suitable
health care, rehabilitation programmes, education services and employment opportunities;
(c) Take note of the Standard Rules on the Equalization of Opportunities for
Persons with Disabilities (General Assembly resolution 48/96, annex) and of
the Committee’s recommendations adopted at its day of general discussion
on the rights of children with disabilities (CRC/C/69, paras. 310-339);
(d) Allocate adequate resources to strengthen services for children with disabilities,
support their families and train professionals in the field;
(e) Strengthen policies and programmes of inclusion in regular education, train
teachers and make schools accessible;
(f) Carry out studies to assess the causes of disabilities in the State party
in order to establish a strategy to prevent disabilities;
(g) Sensitize the population to the human rights of children with disabilities;
and
(h) Seek assistance from, among others, UNICEF and WHO.
Health and health services
46. The Committee is deeply concerned at the high rates of infant, under-five
mortality and maternal mortality, and at the low life expectancy in the State
party. The Committee also remains concerned that health services in the local
areas continue to lack adequate financial resources and are mostly inaccessible.
In addition, the Committee is concerned that the survival and development of
children in the State party continue to be threatened by childhood diseases,
including infectious diseases, diarrhoea and malnutrition. Additionally, the
Committee recognizes the major implications of the brain drain of health workers
who migrate to other countries thus reducing the efficiency of the heath-care
system. The Committee expresses its concern at the poor state of sanitation
and at the insufficient access to safe drinking water, especially in rural areas.
47. The Committee recommends that the State party:
(a) Increase its efforts to allocate appropriate resources and develop and implement
comprehensive policies and programmes to improve the health situation of children,
particularly in rural areas;
(b) Facilitate greater access to primary health services; reduce the incidence
of maternal, child and infant mortality; prevent and combat malnutrition, especially
in vulnerable and disadvantaged groups of children; promote proper breastfeeding
practices; and increase access to safe drinking water and sanitation;
(c) Continue to address the lack of health staff by training, recruiting and
retaining qualified health workers;
(d) Pursue additional ways of cooperation and assistance for child health improvement
with, among others, WHO and UNICEF.
Adolescent health
48. The Committee is concerned that insufficient attention has been given to
adolescent health issues, including developmental, mental and reproductive health
concerns as well as substance abuse. The Committee is also concerned at the
particular situation of girls, given, for instance, the high teenage pregnancy
rate which can have a negative impact on their health.
49. The Committee recommends that the State party:
(a) Take into account General Comment No. 4 (2003) on adolescent health and
development;
(b) Undertake a comprehensive study to assess the nature and extent of adolescent
health problems, with the full participation, in particular, of adolescents
themselves, and use this study as a basis for the formulation of adolescent
health policies and programmes, paying particular attention to adolescent girls;
(c) Strengthen sexual and reproductive health education, mental health and adolescent-sensitive
counselling services and support for adolescent mothers, and make these services
accessible to adolescents;
(d) Take all necessary measures to prevent teenage pregnancies.
Early marriages
50. The Committee notes with concern that, according to the New Domestic Relations
Law, the minimum legal age for marriage is 21 for males and 18 for females,
while according to the Revised Administrative Law Governing the Hinterland this
age-limit is of 15 years only. The Committee is concerned that in practice,
the custom of early marriage is widespread, particularly for girls in rural
areas who can get married as early as 12 or 13 years old. The Committee is further
concerned that such girls, once married, are not afforded protection and that
the enjoyment of their rights as children is not ensured as enshrined in the
Convention.
51. The Committee recommends that the State party amend the Revised Administrative
Law Governing the Hinterland by raising the age of marriage to similar ages
defined in the New Domestic Relations Law in order to prevent early marriages.
It also recommends to the State party that it take measures to ensure that when
under age girls are married, they continue fully enjoying their rights as set
out in the Convention. The Committee also recommends that the State party develop
sensitization programmes, involving community and religious leaders and society
at large, including children themselves, to curb the practice of early marriages.
Harmful traditional practices
52. The Committee welcomes the activities and awareness-raising campaigns carried
out by the National Association for Traditional Practices affecting the Health
of Women and Children (NATPAH) on female genital mutiliation. However, the Committee
is concerned about its widespread practice in the State party.
53. The Committee urges the State party to take immediate steps to end the practice
of female genital mutilation, inter alia, by creating and enforcing legislation
and through the implementation of programmes sensitizing the population about
its harmful effects. The Committee recommends that the State party take advantage
of the efforts in this regard made by other States in the region.
HIV/AIDS
54. While noting the various efforts being made to address the spread of HIV/AIDS,
the Committee remains deeply concerned at the recent increase in the prevalence
of HIV/AIDS and the number of children affected by it.
55. The Committee recommends that the State party, taking into account General
Comment No. 3 of the Committee on HIV/AIDS and the Rights of the Children, continue
to strengthen its efforts in preventing and treating the effects of HIV/AIDS.
It also recommends the State party to pay particular attention to children infected
themselves or who have become orphans due to the death of HIV/AIDS parents,
through providing adequate psychological and material support and by involving
the community.
6. Education, leisure and cultural activities
56. The Committee welcomes the State party’s efforts to rehabilitate the
educational system that was massively destructed by the civil war. It further
takes note of the “Back to School” programme that has already brought
many children back to school. However, the Committee is concerned about the
continuing low rates of enrolment, the significant disparities of enrolment
and literacy rates between boys and girls and the overall low quality and hidden
costs of education.
57. The Committee recommends the State party:
(a) Prioritize the construction and reconstruction of schools throughout the
country and improve accessibility for all children, taking into account the
needs of children with disabilities;
(b) Progressively ensure that girls and boys from urban and rural areas have
equal access to educational opportunities and receive free education without
any hidden costs;
(c) Design accelerated learning and vocational training programmes for young
people and children who have missed out in educational opportunities;
d) Take necessary measures to remedy the low quality of education and to provide
appropriate training for teachers;
(e) Improve the educational system with a view to achieving the aims mentioned
in article 29, paragraph 1, of the Convention and introduce human rights, including
children’s rights, into the school curricula;
(f) Encourage the participation of children at all levels of school life;
(g) Seek technical assistance from, amongst others, UNICEF and UNESCO.
7. Special protection measures
Child soldiers
58. The Committee notes that the Comprehensive Peace Agreement of 18 August
2003 recognizes the special demobilization and reintegration needs of child
combatants. However, the Committee expresses its extremely deep consternation
at the very high number of children who have been forcibly recruited into armed
forces and armed groups by all parties involved in the conflict, including children
as young as nine years old. The Committee is also concerned that these children
have been forced to carry goods and weapons, guard checkpoints and often fight
in the front line, while girls have been raped and forced to become servants
of the soldiers as well as combatants. The Committee is deeply concerned at
the direct effects of the armed conflict on all child victims, including child
combatants, and about the tragic loss of life and severe psychological trauma
inflicted upon them. The Committee is also concerned at the very high number
of children who have been internally displaced within the country or who have
been forced to leave as refugees including, in particular, those who have been
separated from their parents.
59. The Committee urges the State party:
(a) To take every feasible measure to have all child abductees and combatants
released and demobilized and to rehabilitate and reintegrate them in society
taking into account, in particular, the specific needs of girls and other vulnerable
groups;
(b) In the light of article 38, paragraph 3, to ensure to give priority to those
who are the oldest when recruiting young persons and to limit recruitment by
all armed forces and groups to persons of 18 years of age or older;
(c) To take all necessary measures, in cooperation with national and international
NGOs and United Nations bodies such as UNICEF, to address the physical needs
of children victims of the armed conflict, in particular the psychological needs
of all children affected directly or indirectly by the traumatic experiences
of the war. In this regard, the Committee recommends that the State party develop
as quickly as possible a long-term and comprehensive programme of assistance,
rehabilitation, reintegration and reconciliation;
(d) To make every effort to assist children who have been displaced from their
homes to return as soon as possible, including through assistance in the reconstruction
of homes and other essential infrastructure, within the framework of international
cooperation.
Refugees and internally displaced children
60. The Committee welcomes the efforts the State party is making to deal with
the large number of internally displaced persons and refugees. However, the
Committee is concerned that refugee and internally displaced children in Liberia
do not receive appropriate protection and assistance in the enjoyment of their
rights under the Convention. The Committee appreciates the attention that the
authorities and humanitarian community in Liberia are giving to the issue of
sexual assault and the exploitation of refugee and internally displaced girls,
as well as to the forcible conscription of refugee and internally displaced
boys, but it remains concerned that such acts of assault and forceful conscription
still occur in Liberia.
61. In the light of articles 7, 22 and relevant provisions of the Convention,
the Committee recommends that the State party:
(a) Strengthen its efforts to provide adequate assistance to the internally
displaced children, including access to food, education and health services
and to support their return and reintegration into their communities;
(b) Prevent sexual assaults and other exploitation of refugee and internally
displaced children, with particular attention to girls, and provide for their
rehabilitation and reintegration into society;
(c) Prevent forcible conscription of refugee and internally displaced boys and
provide for their rehabilitation and reintegration into society;
(d) In carrying out programmes for internally displaced and refugee children,
seek assistance and work closely with UNHCR, UNICEF and other competent international,
intergovernmental or non-governmental organizations.
Sexual exploitation of children
62. The Committee shares the State party’s concern about the prevalence
of child prostitution, particularly in urban areas, and is further concerned
at the lack of data thereon.
63. The Committee recommends that the State party:
(a) Gather quantitative and qualitative data on the sexual exploitation of children,
vulnerable groups and the root causes for such exploitation;
(b) Use this data to develop policies and programmes aimed at combating child
sexual exploitation and ensuring that victims have access to appropriate assistance;
(c) Develop programmes for counselling and the rehabilitation and reintegration
of girls engaged in prostitution;
(d) Seek international technical assistance from, inter alia, UNICEF and ILO
IPEC in this regard, and engage in bilateral and regional cooperation for the
elimination of child sexual exploitation and trafficking.
Substance abuse
64. The Committee is concerned at the recent increase in substance abuse by
children, particularly among children associated with armed forces.
65. The Committee urges the State party to establish programmes to combat substance
abuse by children, including the provision of psychosocial assistance for addicts.
The Committee further recommends that the State party seek technical cooperation,
from, among others, WHO and UNICEF.
Juvenile justice
66. The Committee is concerned that the juvenile justice system does not conform
to international norms and standards. While noting that the minimum age for
criminal responsibility is set at 16, the Committee is concerned that children
under the age of 16 are nevertheless held criminally responsible in juvenile
court procedures. In particular, it is concerned about the lack of separate
detention facilities for persons below the age of 18 and the poor living conditions
in these facilities. The fact that capital punishment and imprisonment without
possibility of release can be applied under Penal Law to children aged 16 and
17 years at the time the crime was committed is also a major issue of concern
for the Committee.
67. The Committee recommends that the State party continue its efforts to reform
the system of juvenile justice in line with the Convention, in particular with
articles 37, 40 and 39, and other United Nations standards in the field of juvenile
justice, including the United Nations Standard Minimum Rules for the Administration
of Juvenile Justice (The Beijing Rules), the United Nations Guidelines for the
Prevention of Juvenile Delinquency (The Riyadh Guidelines), the United Nations
Rules for the Protection of Juveniles Deprived of their Liberty and the Guidelines
for Action on Children in the Criminal Justice System.
68. As part of this reform, the Committee recommends that the State party:
(a) With regard to the minimum age of criminal responsibility, make sure that
children under 16 years of age who have committed an offence and are dealt with
through the present procedure only face protective and educative measures;
(b) In the light of article 37, subparagraph (a), urgently amend the Penal Law
to ensure that neither capital punishment nor life imprisonment without possibility
of release can be imposed for offences committed by persons below the age of
18;
(c) Take all necessary measures to establish juvenile courts and appoint trained
juvenile judges in all regions of the State party and ensure that all children
accused of a crime are accorded their right to due process;
(d) Take all necessary measures to establish separate detention facilities for
juveniles, including through technical cooperation.
8. Optional Protocols to the Convention on the Rights of the Child
69. The Committee notes that the State party has not ratified the Optional Protocols
to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography and on the involvement of children in armed
conflict.
70. The Committee recommends that the State party ratify the Optional Protocols
to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography, and on the involvement of children in armed
conflict.
9. Dissemination of documents
71. Finally, in the 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 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 the Government, the Parliament
and the general public, including concerned non-governmental organizations.
10. Next report
72. In the light of the recommendation on reporting periodicity adopted by the
Committee (CRC/C/139), 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. In this regard, regular and timely reporting by States parties
is crucial. As an exceptional measure, and 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 second and third reports
in one consolidated report by 3 July 2009, that is, 18 months before the due
date established in the Convention for the third periodic report. The report
should not exceed 120 pages (see CRC/C/118). The Committee expects the State
party to report thereafter every five years, as foreseen by the Convention.