UNEDITED VERSION
COMMITTEE ON THE RIGHTS OF THE CHILD
Thirtieth session
CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
Concluding Observations
Niger
1. The Committee considered the initial report
of Niger (CRC/C/3/Add.29/Rev.1), received
on 28 December 2000, at its 784th and 785th
meetings (see CRC/C/SR. 784 - 785), held on
24 May 2002 and adopted at the 804th meeting
(CRC/C/SR.804), held on 7 June 2002, the following
concluding observations.
A. Introduction
2. The Committee welcomes the submission of
the State party's initial report, which followed
the established guidelines. The Committee
also takes note of the timely submission of
the written replies to its list of issues
(CRC/C/Q/NIG/1), which allowed for a clearer
understanding of the situation of children
in the State party. The Committee also notes
the frank and constructive dialogue it had
with the delegation of the State Party. The
Committee acknowledges that the presence of
a delegation directly involved in the implementation
of the Convention allowed for a fuller assessment
of the rights of children in the State party.
B. Positive aspects
3. The Committee welcomes the establishment
of the National Committee for the Survival,
Protection and Development of Children in
1998 and its sub-regional Committees and the
revitalisation of the National Commission
on the Reform of Civil and Criminal Legislation.
4.
The Committee notes that the State party is
among the few countries which have ratified
the 1961 Convention on reduction of statelessness,
and welcomes the ratification by the State
party of the International Covenant on Civil
and Political Rights, the International Covenant
on Social, Economic and Social Rights, the
Convention on the Elimination of All Forms
of Racial Discrimination, the Convention Against
Torture and Other Cruel Inhuman or Degrading
Treatment or Punishment, and the Convention
on the Elimination of All Forms of Discrimination
Against Women.
5. The Committee welcomes that the State party
has ratified the ILO Convention (No. 138)
on the Minimum Age for Admission to Employment
and the ILO Convention (No. 182) concerning
the Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labour.
6. The Committee welcomes the efforts undertaken
by the State party to get the religious and
traditional leaders involved in several programmes
concerning children.
7. The Committee also welcomes the adoption
of the National Programme of Action for the
Survival, Protection and Development of Children;
the Law 98-12 on the Nigerien Education System;
the Ordinance 99-11 of 14 May 1999 on the
creation of juvenile courts; the ten-year
Education Plan 2002-2012; and the Poverty
Reduction Strategy Paper in 2002.
C. Factors and difficulties impeding the implementation
of the Convention
8. The Committee acknowledges that the two
armed rebellions in the North and East of
the country (1990-1995), the fact that the
State party is a landlocked country and has
gone through several droughts, the extreme
poverty facing the State party as well as
its political instability in the last decade,
and the limited availability of skilled human
resources have had a negative impact on the
social welfare and on the situation of children
and have impeded the full implementation of
the Convention. Furthermore, the coexistence
of customary law and statutory law does impede
the implementation of the Convention in the
State party where traditional practices are
not conducive to children's rights.
D. Principal subjects of concern and recommendations
D1. General measures of implementation
Legislation
9. The Committee notes that new laws have
been adopted by the State party to harmonize
the existing legislation with the Convention.
Nevertheless the Committee remains concerned,
at the weak implementation of the Constitution
as far as children's rights are concerned.
Domestic legislation and customary law still
do not fully reflect the principles and provisions
of the Convention.
10. The Committee encourages the State party
to continue and strengthen its reform activities
in order to ensure that its domestic legislation
conforms fully to the principles and provisions
of the Convention. In that respect, the Committee
recommends that the State party:
a) strengthen the implementation of the Constitution
as far as children's rights are concerned;
b) undertake all steps to harmonize existing
legislation, and customary law with the Convention;
c) integrate the principles of the Convention
from a rights-based approach in the National
Programme of Action for the Survival, Protection
and Development of Children;
d) consider the adoption of a comprehensive
children code which will reflect the general
principles of the Convention; and
e) consider the elaboration and adoption a
comprehensive family code.
Coordination
11. While welcoming the establishment of the
National Committee for the Survival, Protection
and Development of Children in Niger (Decree
011/PM/MDS/P/PF/PE of October 1998), which
is represented at the local level, the Committee
is concerned at the lack of financial and
human resources of this body to allow it to
carry out its role efficiently.
12.
The Committee recommends that the State party
take all necessary measures to provide the
National Committee for the Survival, Protection
and Development of Children with adequate
human, financial and other resources. This
National Committee should also be entrusted
with a clear mandate to include e.g. the formulation,
implementation, coordination and evaluation
of the new National Programme of Action for
the Survival, Protection and Development of
Children. The Committee further recommends
that the State party coordinate and implement
programmes established within international
cooperation. Finally, the Committee recommends
that the State party reinforce the coordination
at national, regional and local levels.
Data collection
13. The Committee is concerned that the data
collection mechanism within the State party
does not ensure the adequate collection of
disaggregated data on all aspects of the Convention,
monitor and evaluate progress achieved, and
assess the impact of policies adopted with
respect to children.
14. The Committee recommends that the State
party strengthen its efforts to establish
a comprehensive and permanent mechanism to
collect data, disaggregated by gender, age,
and rural and urban area. The State party
should also develop indicators to effectively
monitor and evaluate progress achieved in
the implementation of the Convention and assess
the impact of policies relevant to children.
The data collection mechanism should incorporate
all the areas covered by the Convention and
cover all children below the age of 18 years,
with specific emphasis on those who are particularly
vulnerable. In this context, the Committee
recommends that the State party seek technical
assistance from, among others, UNFPA, UNDP
and UNICEF.
Independent/Monitoring structures
15. The Committee takes note of the Act No.
98-55 of 29 December 1998, which led to the
establishment of the National Committee on
Human Rights and Fundamental Freedoms in accordance
with article 33 of the Constitution. However,
the Committee is concerned at the lack of
an independent mechanism to monitor and evaluate
effectively progress in the implementation
of the Convention, and empowered to receive
and address complaints.
16. The Committee recommends that the State
party provide the National Committee on Human
Rights and Fundamental Freedoms with adequate
human and financial resources, and expedite
the activities aiming at the establishment
of an office, e.g. within the National Committee
on Human Rights and Fundamental Freedoms,
to effectively monitor and evaluate progress
in the implementation of the Convention at
the national and at the local levels in accordance
with the Paris Principles relating to the
status of national institutions (General Assembly
resolution 48/134). This body should be accessible
to children, empowered to receive and investigate
complaints of violations of child rights in
a child-sensitive manner, and address them
effectively. In that regard, the Committee
recommends the State party to seek technical
assistance from, inter alia, the Office of
the High Commissioner for Human Rights and
UNICEF.
Resources for children
17. While noting the efforts of the State
party to reduce poverty and efforts to increase
the budget allocated to education and health,
and the adoption of the Poverty Reduction
Strategy Paper which identifies priorities
conducive to the realization of the rights
of the child, the Committee expresses its
concern that, in spite of efforts undertaken
by the State party, insufficient attention
has been paid to article 4 of the Convention
regarding the implementation to the "maximum
extent of [...] available resources of economic,
social and cultural rights of children.
18. In light of articles 2, 3 and 6 of the
Convention, the Committee encourages the State
party to pay particular attention to the full
implementation of article 4 of the Convention
by prioritising budgetary allocations to ensure
implementation of the economic, social and
cultural rights of children, especially disadvantaged
groups, to the maximum extent of available
resources (at the national and local levels)
and, where needed, within the framework of
international cooperation. In addition, the
Committee recommends that the State party
identify the amount and proportion of the
budget spent on children at the national and
local levels in order to evaluate the impact
and effect of the expenditures on children.
The Committee also recommends that the State
party ensure the effective implementation
of the Poverty Reduction Strategy Paper, paying
special attention to the possible negative
short-term impact of structural adjustment
on the social rights of children.
Cooperation with civil society
19. While noting the participation of the
civil society in the drafting of the Poverty
Reduction Strategy Paper, the Committee is
concerned that insufficient efforts have been
made to involve civil society in the implementation
of the Convention, particularly in the area
of civil rights and freedoms.
20. The Committee recommends that the State
party continue to involve systematically communities,
civil society, including children's associations,
throughout all stages of the implementation
of the Convention, including the formulation
of policies and programmes and with respect
to civil rights and freedoms. In addition,
the Committee recommends the State party to
pursue its efforts to involve the traditional
and religious leaders in the implementation
of the Convention.
Dissemination/Training on the Convention
21. While aware of the measures undertaken
to promote widespread awareness of the principles
and provisions of the Convention (e.g. through
radio programmes, seminars and workshops),
including the translation of the Convention
in four languages, the Committee is of the
opinion that these measures need to be strengthened
and systematized and remains concerned that
only two translations have been published.
In this respect, the Committee is concerned
at the lack of a systematic plan to introduce
training and awareness among professional
groups working for and with children.
22. 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 about children's
rights through social mobilisation;
b) publish the text of the text of the Convention
in the two languages for which it has not
been done;
c) systematically involve community leaders
in its programmes in order to fight against
customs and traditions which impede the implementation
of the Convention, and adopt creative communication
measures for illiterate people;
d) provide 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, and social workers;
e) introduce human rights education, including
the rights of the child, into the school curricula;
and
f) seek technical assistance from, inter
alia, the Office of the High Commissioner
for Human Rights and UNICEF.
D.2 Definition of the Child
23. The Committee is concerned at the difference
between the minimum legal age for marriage
of boys (18 years) and that of girls (15 years),
which is gender discriminatory. The Committee
is also concerned at the fact that the Civil
Code is rarely applied in this regard and
that girls can marry at a much earlier age
according to customary law which leads to
a widespread practice of early marriage and
early pregnancy. In addition, the Committee
is concerned at the fact that the minimum
age for employment is fixed at 14 years while
education is compulsory until 16 years.
24. The Committee recommends that the State
party set the same minimum age for marriage
for girls and boys by increasing the minimum
age for girls; and develop sensitisation programmes
involving traditional and religious leaders,
the society at large, including children themselves,
to curb the practice of early marriage. In
addition, the Committee recommends that the
State party harmonise ages for child labour
and compulsory education by increasing the
minimum age for employment.
D.3 General principles
25. The Committee is concerned that the general
principles, namely the right to non-discrimination
(article 2), the best interests of the child
(article 3), the right to life, survival,
and development (article 6), and respect for
the views of the child (article 12), are not
fully integrated in the State party's legislation
and administrative and judicial decisions,
as well as in policies and programmes relevant
to children at both national and local levels.
26. The Committee recommends that the State
party appropriately integrate general principles
of the Convention, in particular the provisions
of articles 2, 3, 6 and 12, in all relevant
legislation concerning children and apply
them in all political, judicial and administrative
decisions, as well as in projects, programmes
and services which have an impact on all children.
These principles should guide planning and
policy-making at every level, as well as actions
taken by social and health welfare institutions,
courts of law and administrative authorities.
Right to non-discrimination
27. While noting that discrimination is prohibited
under the Constitution (article 8), 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 and social discrimination
experienced by children belonging to the most
vulnerable groups, such as girls, children
with disabilities, children living in rural
areas.
28. The Committee recommends that the State
party make greater efforts to ensure that
all children within its jurisdiction enjoy
all the rights set out in the Convention without
discrimination including public education
programmes and eradication of social misconceptions,
in accordance with article 2; and prioritise
and target social services for children belonging
to the most vulnerable groups. In addition,
the Committee recommends that the State party
add others basis for non-discrimination to
be prohibited under article 8 of the Constitution
to be in conformity with article 2 of the
Convention.
29. The Committee requests that specific information
be included in the next periodic report on
the measures and programmes relevant to the
Convention 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 the Committee's general comment No. 1 on
article 29 (1) of the Convention on the aims
of education
Right to life, survival and development
30. The Committee is concerned at the number
of infanticides committed by mothers in the
State party and at the impact of mounting
economic challenges, and other socio-economic
difficulties as well as traditional practices
which continue to threaten the right to life,
survival and development of children within
the State party.
31. The Committee encourages the State party
to pursue its efforts to provide greater protection
and support to children whose right to life,
survival and development are unduly threatened
by traditional practices and the difficult
socio-economic realities of the State party.
In this connection, the Committee recommends
that the State party strengthen its technical
co-operation with, inter alia, UNICEF, UNAIDS,
UNDP and WHO.
Respect for the views of the child
32. While noting that the respect of the views
of the child has been introduced in the Ordinance
99-11 on the creation of juvenile courts,
the Committee is concerned that respect for
the views of the child remains limited within
the family, in schools, in the courts and
before administrative authorities and in the
society at large owing to traditional attitudes.
33. The Committee recommends that the State
party develop a systematic approach to increasing
public awareness of the participatory rights
of children in the best interests of the child,
particularly at the local levels and in traditional
communities with the involvement of community
and religious leaders, and ensure that the
views of the child are heard and taken into
consideration in accordance with their age
and maturity in families, communities, schools,
care institutions, and the judicial and administrative
systems. In that regard, the Committee recommends
that the State party launch campaigns to change
the traditional attitude which do not allow
children to express their views.
D.4. Civil Rights and Freedoms
Birth registration
34. While taking note of the obligation to
register officially all births and the efforts
undertaken by the State party to encourage
birth registration, the Committee remains
concerned at the large numbers of children,
notably in rural areas, who are not registered
at birth.
35. In the light of article 7 of the Convention,
the Committee urges the State party to strengthen
its efforts to ensure the registration of
all children at birth, including through awareness
raising campaigns, and reinforce its efforts
to facilitate procedures of birth registration
and take measures to register those who had
not been registered at birth.
D.5. Family Environment and Alternative Care
Parental responsibilities
36. The Committee is concerned at the breakdown
of family structures, notably in suburban
areas, due to large families, the existence
of polygamy, the lack of education, poverty,
and unemployment which negatively affect the
upbringing and development of the child, particularly
in the many larger families.
37. The Committee recommends that the State
party take all necessary measures to reinforce
the capacities of families, notably families
in the most precarious situation, in order
to support them in upbringing their children
in light of article 18(2) of the Convention
and to emphasise the role of fathers in that
regard. In addition, the Committee recommends
that the State party raise awareness among
the society at large about forced marriage,
and undertake a study to assess the effect
of polygamy on the upbringing and development
of the child.
Separation from parents
38. The Committee is concerned at the practice
of repudiation of women which can lead to
the separation of the child from his/her mother
and at the custom applicable in divorce cases
which holds that children are entrusted to
their mothers before they are seven years
old and to their fathers when older, without
taking into account the view of the child
and his/her best interests. In addition, the
Committee is concerned that the recovery of
maintenance is not ensured.
39. The Committee recommends that the State
party take all necessary measures to stop
these practices and reinforce its efforts
to sensitise the population on the obvious
negative impact and the contradiction of these
practices with the best interests of the child
and other relevant provisions of the Convention.
In addition, the Committee recommends that
the State party take all necessary measures
to ensure the recovery of maintenance.
Children deprived of their family environment
40. The Committee is very concerned that current
facilities available for the alternative care
of children deprived of their family environment
are insufficient and only in the capital and
that many children do not have access to such
assistance. In addition, the Committee expresses
concern at the lack of appropriate training
of staff and of a clear policy regarding the
review of placements of children in alternative
care.
41. The Committee recommends that the State
party urgently adopt a programme to strengthen
and increase alternative care opportunities
for children including, inter alia,
the reinforcement of existing structures,
specifically extended families, the promotion
of foster families, the improved training
of staff and the allocation of increased resources
to relevant bodies. The Committee recommends
that the State party seek assistance from
UNICEF in this regard.
Adoption
42. While noting that adoption is regulated
by the Civil Code, the Committee expresses
concern that informal adoptions, which are
generally not monitored, are widely accepted
and practised within the State party and the
absence of regular reviews of placement.
43.
In light of article 21 of the Convention,
the Committee recommends that the State party
strengthen administrative procedures for formal
domestic adoptions, in order to prevent the
abuse of the practice of informal adoption
and guarantee the protection of the rights
of children. In light of the increasing number
of children deprived of a family environment,
the Committee recommends that the State party
promote and encourage formal adoptions and
reinforce its foster care programme. Finally,
the Committee recommends that the State party
ratify the 1993 Hague Convention on Protection
of children and Cooperation in respect of
Intercountry Adoption.
Abuse and neglect
44. The Committee is concerned at the lack
of awareness of and information on domestic
violence, ill-treatment and abuse (sexual,
physical and psychological) of children and
the insufficient financial and human resources
allocated for programmes to combat abuse against
children.
45.
In light of article 19, the Committee recommends
that the State party
a) undertake studies on domestic violence,
ill-treatment and abuse (including sexual
abuse within the family) in order to adopt
policies which will help to change attitudes
and improve the prevention and treatment of
cases of violence against children;
b) prohibit corporal punishment at home, in
schools, in institutions and in the penal
procedures;
c) consider introducing an effective system
for reporting cases of abuse, including sexual
abuse, of children;
d) investigate within a child-sensitive judicial
procedure cases of domestic violence, ill-treatment
and abuse of children be properly and sanction
perpetrators, with due regard given to protecting
the right to privacy of the child
e) in accordance with article 39 of the Convention,
take measures to ensure the reintegration
of victims as well as perpetrators;
f) make efforts to prevent the criminalisation
and stigmatisation of child victims of abuse;
g) take into consideration the recommendations
of the Committee adopted on its days of general
discussion on children and violence (CRC/C/100,
para. 688, and CRC/C/111, paras.701-745);
and
h) seek technical assistance from, among others,
UNICEF and UNDP.
D.6. Basic Health and Welfare
46. While taking note of the adoption of the
National Health Development Plan 1994-2000,
and while finding encouraging the new data
on mortality rates, the Committee is deeply
concerned at the still high infant, under-5,
and maternal mortality rates and low life
expectancy in the State party. The Committee
also remains concerned that health services
in the districts and local areas continue
to lack adequate resources (both financial
and human) and that medicines and care are
too expensive and not easily accessible. In
addition, the Committee is concerned that
the survival and development of children within
the State party continue to be threatened
by early childhood diseases and that malnutrition
is an acute problem. Concerns also exist at
the low coverage of vaccination, and at the
lack of prenatal health care
47.
The Committee recommends that the State party:
a) reinforce 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 among vulnerable
and disadvantaged groups of children; promote
proper breastfeeding practices;
c) develop high-quality and affordable health
care;
d) increase the rate of vaccination and carry
out campaigns similar to that for polio;
e) establish midwifery training programs to
assure safe home delivery; and
f) pursue additional avenues for cooperation
and assistance for child health improvement
with, inter alia, 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, and substance
abuse. The Committee is also concerned at
the particular situation of girls, given,
for instance, the very high percentage of
early marriages, and early pregnancies which
can have a negative impact on their health.
49.
The Committee recommends the State Party to:
a) undertake a comprehensive study to assess
the nature and extent of adolescent health
problems, and with the full participation
of adolescents, use this as a basis to formulate
adolescent health policies and programmes
with a particular attention to the prevention
of STDs, including HIV/AIDS and early pregnancies
notably through reproductive health education;
and
b) strengthen mental health and adolescent-sensitive
counselling services and make them known by
and accessible to adolescents.
HIV/AIDS
50. While noting the launch of a Programme
to Combat STD/AIDS, the Committee remains
concerned at the increasing prevalence of
HIV/AIDS amongst adults and children and the
resulting number of children orphaned by HIV/AIDS.
51.
The Committee recommends that the State party:
a) increase its efforts to prevent HIV/AIDS
and take into consideration the recommendations
of the Committee adopted on its day of general
discussion on children living in a world with
HIV/AIDS (CRC/C/80, para. 243);
b) urgently consider ways of minimizing the
impact upon children of HIV/AIDS-related deaths
of parents, teachers and others, in terms
of children's reduced access to a family life,
to adoption, to emotional care and education;
c) involve children in formulating and implementing
preventive policies and programmes; and
d) seek further technical assistance from,
inter alia, UNAIDS.
Harmful
traditional practices
52.
While noting the efforts of the State party
to prevent and combat harmful traditional
practices, the Committee is concerned at the
persistence of such practices, including female
genital mutilation, the removal of the uvula,
early and forced marriages, force feeding,
and others.
53. The Committee recommends that the State
party
a) adopt the Bill to prohibit female genital
mutilation;
b) take legislative and awareness raising
measures to prohibit and eradicate all kinds
of traditional practices harmful to the health,
survival and development of children, boys
as well as girls;
c) reinforce its sensitisation programmes
with the involvement of traditional leaders,
practitioners and the general public to change
traditional attitudes and discourage harmful
practices, in particular in rural areas; and
d) find alternative employment for practitioners.
Children with disabilities
54. While noting the Ordinance 93-01-12 defining
the minimum rules for the social protection
of disabled persons and its Decree of implementation
of 1996, and the study carried out in 2001,
the Committee is concerned at the inadequate
legal protection and the insufficient facilities
and services for children with disabilities.
Concern is also expressed at the limited number
of trained teachers available to work with
children with disabilities, as well as the
insufficient efforts made to facilitate their
inclusion into the educational system and
generally within society. The Committee also
notes with concern the inadequate resources
allocated to special education programmes
for children with disabilities. The Committee
is also concerned at the high number of disabled
children begging on the streets.
55. In light of the Standard Rules on the
Equalization of Opportunities for Persons
with Disabilities (General Assembly resolution
48/96) and the recommendations adopted by
the Committee at its day of general discussion
on "The rights of children with disabilities"
(CRC/C/69, paras. 310-339), it is recommended
that the State party:
a) take effective measures to collect adequate
statistical data on children with disabilities
and to ensure the use of such data in the
development of policies and programmes for
these children;
b) reinforce its efforts to develop early
detection programmes to prevent disabilities;
c) establish special education programmes
for them and, where feasible, integrate them
into mainstream schools and public life;
d) undertake awareness-raising campaigns to
sensitise the public about the rights and
special needs of children with disabilities
as well as children with mental health concerns;
e) increase resources, both financial and
human, allocated to special education and
enhance the support given to children with
disabilities; and
f) seek technical cooperation for the training
of professional staff, including teachers,
working with and for children with disabilities
from, among others, WHO and UNESCO.
Standard of living
56. The Committee is concerned about widespread
poverty and the increasingly high numbers
of children who do not enjoy the right to
an adequate standard of living, including
access to cleaned drinking water, adequate
housing and latrines.
57. The Committee recommends that in accordance
with article 27 of the Convention, the State
party reinforce its efforts to provide support
and material assistance to economically disadvantaged
families and to guarantee the right of children
to an adequate standard of living. In this
connection, the Committee recommends that
the State party pay particular attention to
the rights and needs of children when implementing
its Poverty Reduction Strategy Paper and all
other programmes intended to improve the standard
of living in the country.
D. 7 Education, leisure and cultural activities
58. While noting that the Act No.98-12 sets
forth the right of the child to education
and the obligation of the State to make primary
education compulsory and free and welcoming
the Ten-Year Education Plan 2002-2012 as well
as the efforts undertaken by the State party
to increase the enrolment of girls, the Committee
remains concerned that enrolment in schools
is still low and that illiteracy is widespread.
The Committee is also concerned at the gender
and regional disparities in enrolment in schools,
absenteeism, the high drop-out and repeaters
rates; the insufficient numbers of trained
teachers; insufficient schools and classrooms;
and at the lack of relevant learning material.
In light of article 29 (1) of the Convention,
the Committee is also concerned at the quality
of education within the State party. In addition,
the Committee is concerned at the quality
of education in koranic schools.
59.
The Committee recommends that the State party:
a) progressively ensure that girls and boys,
as well as children from urban, rural and
least developed areas, have equal access to
educational opportunities;
b) take necessary measures to remedy for the
low quality of education and for better internal
efficiency in management of education;
c) build better infrastructure for schools
and provide appropriate training for teachers;
d) improve the education system towards the
aims mentioned in art. 29(1) of the Convention
and the Committee's General Comments on the
Aims of Education and introduce human rights,
including children's rights, into the school
curricula;
e) raise awareness on the importance of early
childhood education and introduce it into
the general framework of education;
f) encourage participation of children at
all levels of school life; and
g) seek assistance from UNICEF and UNESCO.
D.8. Special Protection Measures
Refugee, asylum seeking children and unaccompanied
children
60.
The Committee notes the adoption of the Law
No. 97/016 of 30 June 1997 which addresses
the protection of refugees and establishes
the National Commission of Refugees and welcomes
the State party's policy with regard to refugee
children but is concerned at the fact that
all births are not registered.
61.
The Committee recommends that the State party
implement the legislation and ensure birth
registration for all refugee children born
on the territory of the State party. In addition,
the Committee recommends that the State party
take into consideration the ratification of
the 1954 Convention on statelessness and continue
its cooperation with international agencies
such as, inter alia, UNHCR and UNICEF.
Children affected by armed conflict
62. The Committee welcomes that the State
party has decided review the organisation
of the "prytan�e militaire" prior to the ratification
of the Optional Protocol on the involvement
of children in armed conflict. In addition,
the Committee notes the Peace Agreement concluded
in 1995 between the State party and the various
rebel groups and the establishment of the
Office of the High Commissioner for the Restoration
of Peace but remains concerned at the difficult
situation of displaced persons, notably children
and women.
63.
The Committee encourages the State party to
speed up the review of the organisation of
its "prytan�e militaire". In addition the
Committee recommends that the State party
reinforce its efforts to provide displaced
children with adequate social services, including
health care, immunization and education and
to socially reintegrate former combatants.
Economic exploitation
64. The Committee is deeply concerned at the
fact that child labour in the State party
is widespread, particularly in the informal
sector and that children may be working long
hours at young ages, which has a negative
effect on their development and school attendance.
The Committee is also deeply concerned at
the existence of slavery in some parts of
the country.
65.
The Committee recommends that the State Party:
a) adopt and implement the national plan of
action to prevent and combat child labour;
b) provide adequate human and other resources
and training to the labour inspectorate and
other law enforcement agencies in order to
further strengthen their capacity to effectively
monitor the full implementation of child labour
legislation and relevant ILO Conventions;
c) take all necessary measures to eliminate
the worst forms of child labour, including
slavery in the State party in conformity with
article 12 of the Constitution and raise awareness
of the population on this issue involving
traditional leaders;
d) seek innovative approaches to give educational
opportunities, such as alternative education,
non-formal education, to children who are
older and have to work; and
e) seek assistance from ILO/IPEC.
Child beggars
66. The Committee is concerned at the number
of children who are begging in the streets.
The Committee notes that part of these child
beggars are scholars under the guardianship
of Islamic religious education teachers. The
Committee is concerned at their vulnerability
to all forms of exploitation.
67.
The Committee recommends that the State party
prohibit this practice; introduce sensitisation
programmes to discourage and prevent child
begging; and take all necessary measures in
collaboration with traditional and religious
leaders and parents to stop this practice.
Sexual exploitation, and trafficking
68. The Committee is concerned at the increasing
number of child victims of sexual exploitation,
including for prostitution and pornography,
especially among child labourers and street
children. Concern is also expressed at the
insufficient programmes for the physical and
psychological recovery and social reintegration
of child victims of such abuse and exploitation.
69. In light of article 34 and other related
articles of the Convention, the Committee
recommends that the State party conduct a
study with a view to assess the scope of commercial
sexual exploitation of children, including
prostitution, pornography, and trafficking;
and implement appropriate policies and programmes
for prevention and for the recovery and social
reintegration of child victims according to
the 1996 Declaration and Agenda for Action
and the 2001 Global Commitment adopted at
the World Congresses against Commercial Sexual
Exploitation of Children.
Administration of justice
70.
The Committee welcomes the adoption of the
Ordinance 99-11 of 14 May 1999 on the creation
of juvenile courts but remains concerned at
the absence of juvenile courts, and the limited
number of juvenile judges, social workers
and teachers to work in this field. In addition
the Committee is deeply concerned at the non-separation
of children and adult in jails (with the exception
of the jail in Niamey), the very poor conditions
of detention mainly due to the overcrowding
in detention and prison facilities, the frequent
recourse to and excessive length of pre-trial
detention, the very limited rehabilitation
and reintegration of juveniles following justice
proceedings, and the sporadic training of
judges, prosecutors and prison staff.
71.
The Committee recommends that the State party
take additional steps to reform legislation
and the system of juvenile justice in line
with the Convention, in particular 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 Vienna Guidelines
for Action on Children in the Criminal Justice
System.
72. As part of this reform, the Committee
particularly recommends that the State party:
a) undertake all necessary measures to ensure
the establishment of juvenile courts and the
appointment of trained juvenile judges in
all regions of the country;
b) consider deprivation of liberty only as
a measure of last resort and for the shortest
possible period of time, limit by law the
length of pre-trial detention, and ensure
that the lawfulness of this detention is reviewed
by the judge without delay and then regularly;
c) develop alternative measures to deprivation
of liberty;
d) provide children with legal and other assistance
at a early stage of the procedure;
e) provide children with basic services (e.g.
health care, schooling)
f) protect the rights of children deprived
of their liberty and improve their conditions
of detention and imprisonment, notably by
establishing special prisons for children
with conditions suitable to their age and
needs and by ensuring the presence of social
service in all detention centres in the country;
and in the meantime by guaranteeing separation
from adults in all prisons and in pre-trail
detention places all over the country;
g) ensure that children remain in regular
contact with their families while in the juvenile
justice system;
h) introduce regular medical examination of
children by independent medical staff;
i) establish an independent child-sensitive
and accessible system for complaints for children;
j) introduce training programmes on relevant
international standards for all professionals
involved with the system of juvenile justice;
k) make every effort to establish a programme
of recovery and social reintegration of juveniles
at conflict with the law;
l) take into consideration the recommendations
of the Committee presented during its day
of general discussion on juvenile justice
(CRC/C/46, paras. 203-238); and
m) consider the request of technical assistance
in the area of juvenile justice and police
training 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.
D.9. Optional Protocols to the Convention
on the Rights of the Child
73. The Committee encourages the State party
to ratify and implement the Optional Protocols
to the Convention on the Rights of the Child
on the sale of children, child prostitution,
child pornography, and on the involvement
of children in armed conflict.
D. 10. Dissemination of Documents from the
Reporting Process
74. Finally, the Committee recommends that,
in light of article 44, paragraph 6, of the
Convention, the initial report and written
replies presented 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
the 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 the Government and the
general public, including NGOs.
D.11. Next Report
75. The Committee, aware of the considerable
delay in the State party's reporting, wants
to underline the importance of a reporting
practice which is in full compliance with
the rules set in article 44 of the Convention.
Children have the right that the UN Committee
in charge of regularly examining the progress
made in the implementation of their rights,
does have the opportunity to do so. In this
regard, regular and timely reporting by State
parties is crucial. Moreover, the Committee
understands that the State party had difficulties
in getting started with timely and regular
reporting. In order to help the State party
get back onto the right reporting track in
full compliance with its obligation under
the Convention, the Committee invites the
State party by way of exception to submit
its 2nd and 3rd and 4th report before 29 October
2007.
