Concluding Observations of the Committee on the Rights of the Child, Tanzania, U.N. Doc. CRC/C/15/Add.156 (2001).
COMMITTEE ON THE RIGHTS OF THE CHILD
Twenty-seventh 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
United Republic of Tanzania
1. At its 713th and 714th meetings
(see CRC/C/SR.713 and 714), held on 1 June 2001, the Committee on the Rights
of the Child considered the revised initial report of the United Republic
of Tanzania (CRC/C/8/Add.14/ Rev.1), which was submitted on 20 October 1999.
Tanzania's initial report was submitted in 1994, but the Committee requested
a more comprehensive report following the guidelines for the submission
of State party reports. The Committee adopted at the 721st meeting, held
on 8 June 2001, the following concluding observations with respect to the
revised initial report of Tanzania.
A. Introduction
2. The Committee welcomes the submission of the State party's revised initial report which followed the established guidelines. The Committee welcomes the written replies to its list of issues (CRC/C/Q/TAN/1) which allowed for a clearer understanding of the situation of children in the State party. The Committee is encouraged by the constructive dialogue it had with the State party and welcomes the positive reactions to the suggestions and recommendations made during the discussion. The Committee acknowledges that the presence of a high-ranking delegation directly involved in the implementation of the Convention allowed for a fuller assessment of the situation of the rights of children in the State party.
B. Positive aspects
3. The Committee welcomes the recent amendments (2000) to the Constitution and other domestic legislation which allowed for the enactment of the Commission for Human Rights and Good Governance Act 2001.
4. The Committee welcomes the Child Development Policy which gives direction on how children's issues should be handled and given priority in accordance with the Convention. The Committee also welcomes the Tanzania Development Vision 2025 and the Poverty Reduction Strategy Programme which are intended inter alia, to improve the standard of living of children.
5. The Committee notes with satisfaction that the State party is one of three countries worldwide that has committed itself to a time-bound programme to eliminate the worst forms of child labour, starting in mid-2001.
6. The Committee welcomes the enactment of the Sexual Offences (Special Provisions) Act of 1998 which provides greater protection for women and children against sexual abuse and exploitation.
7. The Committee welcomes the establishment in 1997 of the State party's first juvenile court and notes the intention to create juvenile courts in each region of the country.
8. The Committee notes that the State party encourages the active participation of NGOs in promoting and implementing children's rights and that NGOs were invited to participate in the preparation of the State party's report.
C. Factors and difficulties impeding the implementation of the Convention
9. The Committee acknowledges that the economic and social difficulties facing the State party have had a negative impact on the situation of children and have impeded the full implementation of the Convention. In particular, it notes the impact of the structural adjustment programme, high external debt payments, and increasing levels of unemployment and poverty within the State party. The Committee further notes that the limited availability of skilled human resources also adversely affects the full implementation of the Convention.
D. Subjects of concern and recommendations
1. General measures of implementation
Legislation
10. The Committee is encouraged by the commitment expressed by the State party to incorporate the general principles of the Convention into all domestic legislation relevant to children. The Committee notes that a review of domestic law was undertaken by the Law Reform Commission to determine any inconsistencies with the Convention and that efforts have been made to introduce some of the recommendations of the Commission. However, the Committee remains concerned that domestic, applied Islamic and customary law still do not fully comply with the provisions and principles of the Convention.
11. The Committee recommends that the State party reinforce its efforts to ensure that domestic law, including Islamic and customary law, fully conforms with the provisions and principles of the Convention on the Rights of the Child. The Committee encourages the State party to consider adopting a comprehensive children's code which would include the principles of the Convention, with a view to enhancing a rights based approach. In this regard, the Committee further recommends that the State party seek technical assistance from, among others, OHCHR and UNICEF.
Coordination
12. While the Committee notes that the Ministry of Community Development, Women Affairs and Children is the agency responsible for coordination and implementation of the Convention on the mainland, it is concerned about the insufficient authority delegated and inadequate resources allocated for the effective functioning of the Ministry. While noting that the Ministry of State, Women and Children is responsible for coordinating the implementation of the Convention in Zanzibar, the Committee expresses concern about the lack of a comprehensive approach between Zanzibar and the mainland in coordinating and implementing the Convention.
13. The Committee recommends that the State party take all effective measures to strengthen the mandate and resources (financial and human) of the Ministry of Community Development, Women Affairs and Children to facilitate effective coordination of planning and implementation of the Convention at the national and local levels. The Committee encourages the State party to take all effective measures to ensure a comprehensive approach in coordinating the implementation of the Convention on the mainland and in Zanzibar.
Data collection
14. 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.
15. The Committee recommends that the State party strengthen its efforts to establish a comprehensive mechanism to collect data, disaggregated by gender, age, minority and rural/urban residence. 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 children's policies. 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 and UNICEF.
Independent monitoring mechanisms
16. While the Committee welcomes the Commission for Human Rights and Good Governance Act 2001, it expresses concern about the accessibility and availability of this new mechanism to all children in all regions of the State party.
17. The Committee suggests that the State party take all effective measures to ensure that the Commission for Human Rights and Good Governance is easily accessible and child-sensitive and that it can deal effectively with complaints of violations of the rights of children and provide remedies for such violations, in all regions of the country. The Committee further suggests that the State party conduct an awareness raising campaign about the Commission and to facilitate its effective use by children. The Committee encourages the establishment of a focal point on children within the Commission for Human Rights and Good Governance to monitor children's rights.
Allocation of budgetary resources
18. While the Committee is aware of the economic challenges faced by the State party, including increasing poverty levels and high debt payments, it is concerned that in light of article 4 of the Convention, not enough attention has been paid in allocating budgetary resources, at both the national and local levels and in the best interests of children, "to the maximum extent of ... available resources".
19. 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 prioritizing budgetary allocations to ensure implementation of the economic, social and cultural rights of children, especially economically and geographically disadvantaged groups, to the maximum extent of available resources (at the national and local levels) and, where needed, within the framework of international cooperation.
Dissemination of the Convention
20. The Committee notes the initiatives of the State party to promote awareness of the principles and provisions of the Convention, including the translation of the Convention into Kiswahili; the introduction of children's rights into the curricula of schools and community development and social welfare institutes; and the production of animated videos and cartoon characters such as Sara, which promotes the positive development of girls. However, the Committee is concerned that professional groups, children, parents and the general public are still not sufficiently aware of the Convention and the rights-based approach enshrined therein.
21. The Committee recommends that the State party strengthen its efforts to ensure that the principles and provisions of the Convention are widely known and understood by adults and children alike. In this regard, the Committee recommends the reinforcement of adequate and systematic training and/or sensitization of professional groups working with and for children, such as judges, lawyers, law enforcement personnel, teachers, school administrators, health personnel, including psychologists and social workers, personnel of child-care institutions, and traditional or community leaders. The Committee recommends that the State party incorporate human rights, especially the Convention on the Rights of the Child, into the school curricula at all levels. The Committee encourages the State party to continue to promote the principles of the Convention through the use of multi-media and traditional methods of communication. In this regard, the Committee further suggests that the State party seek technical assistance from, among others, UNHCR and UNICEF.
2. Definition of the child
22. The Committee is concerned about the various legal minimum ages, which are inconsistent, discriminatory and/or too low.
23. The Committee recommends that the State party take the necessary legislative measures to:
(a) Increase the legal age for criminal responsibility;
(b) Establish a clear minimum age for marriage which should be the same for boys and girls;
(c) Bridge the gap between the minimum age for work (15 years) and the age at which compulsory education ends (13 years), preferably by increasing the latter.
Death penalty and life imprisonment
24. The Committee notes with concern that the law does not explicitly prohibit the use of the death penalty or life imprisonment for children below the age of 18 years.
25. The Committee strongly encourages the State party to establish by law the prohibition of the use of the death penalty and life imprisonment for children below the age of 18 years.
3. General principles
Non-discrimination
26. The Committee notes with concern that the principle of non-discrimination is not adequately implemented with respect to certain vulnerable groups of children, especially girls (including their inheritance rights), children born out of wedlock (including their maintenance and inheritance rights), young mothers (particularly those belonging to Islamic communities and those living in Zanzibar, including their right to inherit and own property), children with disabilities, children of economically disadvantaged families, children in conflict with the law, children living in institutions, children living and/or working on the streets, child victims of abuse, refugee and asylum-seeking children, children belonging to ethnic minorities, children living in rural areas, and those belonging to pastoralist communities. The Committee is particularly concerned about their limited access to adequate health, education and other social services.
27. The Committee recommends that the State party take all effective measures to implement laws, policies and programmes to guarantee the principle of non-discrimination and full compliance with article 2 of the Convention, particularly as it relates to vulnerable groups of children.
Best interests of the child
28. The Committee is concerned that the general principle of the best interests of the child (art. 3) has not been taken fully into account in the State party's legislative, administrative and judicial decisions, as well as in policies and programmes relevant to children.
29. The Committee recommends that the State party take all appropriate measures to ensure that the general principle of the best interests of the child is appropriately integrated in all legislation, as well as judicial and administrative decisions and in projects, programmes and services which have an impact on children, especially those relating to marriage, custody, maintenance and inheritance rights.
Right to life, survival and development
30. The Committee expresses concern that the severe impact of HIV/AIDS, mounting economic challenges and other socio-economic difficulties continue to threaten the right to life, survival and development of children within the State party.
31. The Committee encourages the State party to take all effective measures to provide greater protection and support to children whose right to life, survival and development is unduly threatened by the difficult socio-economic realities of the State. In this connection, the Committee recommends that the State party take all effective measures to strengthen its technical cooperation with, among others, UNICEF.
Respect for the views of the child
32. While the Committee notes the efforts of the State party, including its support for a children's parliament, it is concerned that traditional practices and attitudes still limit the full implementation of article 12 of the Convention.
33. The Committee recommends that the State party develop a systematic approach to increasing public awareness of the participatory rights of children, particularly at the local level and in traditional communities, and encourage respect for the views of the child in families, schools and the care and judicial systems.
4. Civil rights and freedoms
Birth registration
34. The Committee notes that the law provides for the registration of children at birth and that the State party has initiated campaigns to raise awareness about the importance of birth registration. However, it is concerned that most children, particularly those born at home and those living in rural communities, are not registered.
35. In light of articles 7 and 8 of the Convention, the Committee recommends that the State party undertake appropriate measures, including awareness raising among government officers, midwives, community and religious leaders, and parents themselves, to ensure that all children are registered at birth. The Committee encourages the State party to introduce practical measures to facilitate birth registration, such as the introduction of mobile birth registration units.
Police brutality
36. The Committee is concerned about the incidence of police brutality, particularly against children living and/or working on the streets, refugee children and those in conflict with the law. Concern is also expressed at the inadequate enforcement of existing legislation to ensure that all children are treated with respect for their physical and mental integrity and their inherent dignity.
37. The Committee strongly recommends that all appropriate measures be taken to fully implement the provisions of articles 37(a) and 39 of the Convention. In this regard, the Committee further recommends that greater efforts be made to prevent police brutality and facilitate the recovery of child victims through, inter alia, rehabilitation and compensation. Additionally, it is recommended that the State party take effective measures to ensure that the perpetrators of brutality against children are brought to justice.
Corporal punishment
38. The Committee notes with regret that the law does not prohibit the use of corporal punishment as a sentence for children and youth in the juvenile justice system. Concern is also expressed that this type of punishment continues to be practised in schools, families and care institutions.
39. The Committee recommends that the State party take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment within the juvenile justice system, schools and care institutions as well as in families. The Committee encourages the State party to intensify its public awareness campaigns to promote positive, participatory, non-violent forms of discipline as an alternative to corporal punishment at all levels of society.
5. Family environment and alternative care
Protection of children deprived of a family environment
40. The Committee expresses concern at the increasing number of children deprived of a family environment, including AIDS orphans. Concern is also expressed at the inadequate facilities and services for children deprived of a family environment, the absence of an independent complaint mechanism for children in alternative care institutions, the inadequate review of their placement in institutions as well as the lack of available trained personnel in this field. The Committee notes with concern the absence of a code of standards for alternative care institutions for children. Concern is also expressed at the insufficient financial and human resources allocated for alternative care.
41. The Committee recommends that the State party take effective measures to improve alternative care, including through the allocation of adequate financial and human resources. It further recommends that the State party provide additional training, including in children's rights, for social and welfare workers, ensure the periodic review of placements in institutions and establish an independent complaints mechanism for children in alternative care institutions. Additionally, the Committee recommends that the State party establish and implement a code of standards to ensure adequate care and the protection of children deprived of a family environment.
Adoptions and foster care
42. While noting that the Adoption Ordinance provides for the regulation of adoptions (domestic and intercountry), the Committee expresses concern that informal adoptions are more widely accepted and practised within the State party. The Committee also notes the insufficient efforts to establish an effective foster care programmes within the State party.
43. In light of article 21 of the Convention, the Committee recommends that the State party introduce adequate 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 this regard. In light of the increasing number of children deprived of a family environment, the Committee encourages the State party to promote and encourage formal adoptions and to establish an effective foster care programme. Additionally, the Committee encourages the State party to consider the possibility of acceding to the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption of 1993.
Abuse/neglect/abandonment/maltreatment/violence
44. While the Committee notes the efforts of the State party, including the recent enactment of the Sexual Offences Special Provisions Act (1998), it is concerned about the high and increasing incidence of sexual abuse of children, including within the family. The Committee also expresses concern at the lack of awareness and information on domestic violence, ill-treatment and abuse (sexual, physical and psychological) of children; and the insufficient financial and human resources allocated to programmes to prevent and combat all forms of abuse against children and to rehabilitate child victims in this regard.
45. In light of article 19, the Committee recommends that the State party undertake studies on domestic violence, ill-treatment and abuse (including sexual abuse within the family) in order to adopt adequate policies and contribute to changing traditional attitudes. The Committee encourages the State party to consider introducing mandatory reporting of abuse, including sexual abuse of children. It also recommends that cases of domestic violence, ill-treatment and abuse of children be properly investigated within a child-sensitive judicial procedure and sanctions applied to the perpetrators, with due regard given to protecting the right to privacy of the child. In accordance with article 39 of the Convention measures should be taken to ensure the rehabilitation of victims, as well as the perpetrators. Efforts should also be made to prevent the criminalization and stigmatization of child victims of abuse. The Committee encourages the State party to continue its regional cooperation in combating all forms of violence against women and children. The Committee recommends that the State party seek technical assistance from, among others, UNICEF and UNDP.
6. Basic health and welfare
Right to health and access to health services
46. While the Committee notes the reforms under way in health care, including the introduction of the integrated management of childhood diseases (IMCI), it remains concerned about the limited access to basic health care, related largely to the introduction of user fees in health; the insufficient number of trained medical personnel; the high incidence of malaria; high maternal, child and infant mortality rates; a high rate of malnutrition; poor sanitation and limited access to safe drinking water, especially in rural areas.
47. The Committee recommends that the State party allocate appropriate resources and develop comprehensive policies and programmes to improve the health situation of children. Additionally, the State party should take all effective measures to facilitate greater access to health services by, inter alia, abolishing or rationalizing user fees in primary health to reduce the burden on poor families; increase the number of trained medical and other health personnel, including traditional healers; facilitate cooperation between trained medical personnel and traditional healers, especially midwives; reduce the rates of maternal, child and infant mortality; prevent and combat malnutrition, especially in vulnerable and disadvantaged groups of children; increase access to safe drinking water; improve sanitation; and reduce the incidence of malaria. The Committee encourages the State party to continue its cooperation through the IMCI and other measures for child health improvement with, among others, WHO and UNICEF.
Adolescent health
48. The Committee expresses its concern with respect to the limited availability of programmes and services and the lack of adequate data in the area of adolescent health, including on early marriage and pregnancy, HIV/AIDS and STDs, abortion, violence, suicides, mental health, and alcohol, drug and substance abuse.
49. The Committee recommends that the State party strengthen adolescent health policies, including reproductive health education. Further, the Committee suggests that a comprehensive and multidisciplinary study be undertaken in order to understand the scope of adolescent health problems, including the special situation of children infected and/or affected by HIV/AIDS and STDs. Additionally, it is recommended that the State party allocate adequate human and financial resources to increase the number of social workers and psychologists and to develop youth-sensitive care, counselling and rehabilitation facilities for adolescents. It is further recommended that the State party seek technical assistance from, among others, UNICEF and WHO.
Female genital mutilation
50. While noting that female genital mutilation (FGM) is prohibited by law, the Committee is concerned that it is still widely practised in the State party.
51. The Committee recommends that the State party strengthen its efforts to combat and eradicate the persistent practice of FGM and other traditional practices harmful to the health, survival and development of girls, such as infanticide and early and forced marriages. The Committee urges the State party to continue to carry out sensitization programmes for practitioners and the general public to change traditional attitudes and discourage harmful practices.
Children with disabilities
52. The Committee notes that the State party has enacted legislation concerning the care, maintenance and employment of persons with disabilities and has established a National Advisory Council to monitor rehabilitation centres for children with disabilities. However, the Committee is concerned about the inadequate facilities and services for children with disabilities, the limited numbers of trained teachers to work with these children, as well as the insufficient efforts made to facilitate the inclusion of children with disabilities into the educational system and generally within society. Concern is also expressed at the inadequate data collection on children with disabilities.
53. In light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee's recommendations adopted at its day of general discussion on "The rights of children with disabilities" (see CRC/C/69), it is recommended that the State party:
(a) Reinforce its efforts to develop early identification programmes to prevent disabilities;
(b) Implement alternatives to the institutionalization of children with disabilities;
(c) Establish special education programmes for them and, where feasible, include them in the regular school system;
(d) Take effective measures to ensure adequate training for teachers working with children with disabilities;
(e) Take effective measures to collect adequate statistical data on children with disabilities, including in Zanzibar, and to ensure the use of such data in the development of policies and programmes for these children;
(f) Undertake an awareness raising campaign to sensitize the public about the rights and special needs of children with disabilities as well as children with mental health concerns;
(g) Enhance support to families with children with disabilities;
(h) Seek technical cooperation for the training of professional staff working with and for children with disabilities from, among others, WHO.
Right to an adequate standard of living
54. The Committee notes the challenging socio-economic situation and the efforts of the State party to improve the standard of living of its people through, inter alia, the introduction of the Tanzania Development Vision 2025 and the Poverty Reduction Strategy Programme. However, it is concerned about the increasingly high number of children who do not enjoy their right to an adequate standard of living, including children belonging to poor families, AIDS orphans, children living and/or working on the streets and children living in remote rural communities.
55. In accordance with article 27 of the Convention, the Committee recommends that 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 in the implementation of the Poverty Reduction Strategy Programme and all other programmes intended to improve the standard of living in the country. The Committee further recommends that the State party establish mechanisms to ensure that children living and/or working on the streets are provided with nutrition, clothing and housing. Moreover, the State party should ensure that these children are provided adequate access to health care; rehabilitation services for physical, sexual and substance abuse; services for reconciliation with their families; and education, including vocational and life-skills training. The Committee recommends that the State party cooperate and coordinate its efforts with civil society and local communities.
7. Education, leisure and cultural activities
Right to and aims of education
56. The Committee welcomes the Education Sector Development Programme, which focuses on, inter alia, access and equity in education, and the Complementary Basic Education Programme which seeks to improve drop-out rates, especially of girls. The Committee notes with appreciation that the Government is considering the possibility of abolishing school fees and other types of payments for primary school children. However, the Committee remains concerned about the limited access to education, especially for girls, including pregnant girls, children from economically disadvantaged families and those living in remote rural communities. Concern is also expressed regarding high drop-out and repetition rates, insufficient numbers of trained teachers, insufficient schools and classrooms, and the lack of relevant learning material. In light of article 29.1 of the Convention, the Committee is also concerned about the quality of education within the State party. The Committee notes with regret the reported incidents of sexual abuse and exploitation of girls within the school environment.
57. The Committee recommends that the State party take all appropriate measures, including the allocation and distribution of adequate financial, human and technical resources, to enhance the quality of education and ensure that all children enjoy the right to education. It is further recommended that the State party reinforce its efforts to increase access to education by, inter alia, abolishing user fees at the primary level. In this regard, the Committee encourages the State to further consider rationalizing user fees at the secondary and tertiary levels. The State party should pay particular attention to the quality of education, in light of article 29.1 of the Convention and the Committee's General Comment No. 1 on the aims of education. The Committee strongly encourages the State party to take all effective measures to protect children, especially girls, against sexual abuse and violence within the school environment and to facilitate the rehabilitation of child victims in this regard. It is recommended that the State party seek to strengthen its educational system through closer cooperation with UNICEF and UNESCO.
8. Special protection measures
Refugee, asylum-seeking children and unaccompanied children
58. The Committee recognizes the State party's established practice of hosting refugees from neighbouring States and the current challenges faced in this regard, caused mainly by the socio-economic situation. While noting the enactment of the Refugees Act (1998), the Committee is concerned about the inadequate standards, procedures, policies and programmes to guarantee and protect the rights of refugee, asylum-seeking and unaccompanied children, including adequate education, especially post-primary education, and health and other social services. Concern is also expressed regarding the situation of abuse, including sexual abuse, and violence against girls in and around refugee camps. The Committee notes with concern that the present rules relating to marriages between refugees and Tanzanian nationals are discriminatory as regards female Tanzanian nationals, particularly concerning residential status and rights of their spouses and children.
59. The Committee recommends that the State party take all effective measures to ensure adequate protection of refugee, asylum-seeking and unaccompanied children, especially girls, and implement further policies and programmes to guarantee their adequate access to health, educational and social services. The Committee further recommends that the State party review its standards and procedures in the asylum process to ensure their consistency with international standards and introduce special procedures for refugee children, especially those separated from their families. The Committee recommends that the State party develop a policy to permit refugees married to Tanzanian nationals, irrespective of gender, to obtain residential status and/or naturalization and further guarantee the rights of the children of such unions. The Committee encourages the State party to enhance its cooperation with UNHCR.
Economic exploitation
60. The Committee notes that the State party joined the ILO International Programme on the Elimination of Child Labour (IPEC) in 1994 and subsequently committed itself to a time-bound programme to eliminate the worst forms of child labour, starting in mid-2001. However, in light of the current economic situation, the increasing number of school drop-outs and the increasing number of children living and/or working on the streets, the Committee is concerned about the large number of children engaged in labour and the lack of information and adequate data on the situation of child labour and economic exploitation within the State party.
61. The Committee encourages the State party to introduce monitoring mechanisms to ensure the enforcement of labour laws and protect children from economic exploitation, particularly in the informal sectors. It is further recommended that the State party undertake a comprehensive study to assess the situation of child labour. In light of the State party's commitment to the time-bound programme to eliminate the worst forms of child labour, the Committee encourages the State party to ratify, at the earliest opportunity, ILO Convention (No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour.
Sexual exploitation and sexual abuse
62. The Committee notes the enactment of the new Sexual Offences Act which, inter alia, requires that cases involving children be heard in camera and eliminates the requirement that children's testimony be corroborated. The Committee remains concerned about the large and increasing number of child victims of commercial sexual exploitation and sex tourism, including prostitution and pornography. 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.
63. In light of article 34 and other related articles of the Convention, the Committee recommends that the State party undertake studies with a view to understanding the scope of commercial sexual exploitation and sex tourism, including prostitution and pornography, and implementing appropriate preventive policies and rehabilitative and social reintegration programmes for child victims. The Committee recommends that the State party take into account the recommendations formulated in the Agenda for Action adopted at the 1996 World Congress against Commercial Sexual Exploitation of Children held in Stockholm.
Sale, trafficking and abduction
64. The Committee notes with concern that there have been reported incidents of the sale, trafficking and abduction of children, especially girls, primarily for domestic labour.
65. The Committee recommends that the State party take effective measures to prevent and combat the sale, trafficking and abduction of children. The State party should, inter alia, facilitate the reunification of child victims with their families and provide adequate care and rehabilitation for them.
Administration of juvenile justice
66. The Committee regrets the insufficient information provided in the State party's report on the situation of children in the juvenile justice system. While the Committee notes that the first juvenile court has recently been established in the State party, it is concerned that the juvenile justice system still does not adequately cover all regions of the country. Concern is also expressed about the holding of minors in adult detention facilities, the poor conditions in detention facilities, the lack of adequate facilities for children in conflict with the law, especially girls, the limited numbers of trained personnel to work with children in this regard, the lack of rehabilitation and reintegration programmes, and the lack of a complaints mechanism for children whose rights have been violated in this regard.
67. The Committee recommends that the State party:
(a) Take all appropriate measures to implement a juvenile justice system in conformity with the Convention, in particular articles 37, 40 and 39, and other United Nations standards in this field, such as 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;
(b) Use deprivation of liberty only as a measure of last resort and for the shortest possible period of time; improve the conditions in detention facilities; protect the rights of children deprived of their liberty, including their right to privacy; and ensure that children remain in contact with their families while in the juvenile justice system;
(c) Introduce training programmes on relevant international standards for all professionals involved with the administration of juvenile justice;
(d) Reinforce its efforts to ensure that the juvenile justice system is available and accessible to all children within the State party;
(e) Abolish corporal punishment as a sentence within the juvenile justice system;
(f) Strengthen rehabilitation and reintegration programmes;
(g) Submit more comprehensive information on the juvenile justice system in its next periodic report; and
(h) Consider seeking technical
assistance from, among others, OHCHR, the Centre for International Crime
Prevention, the International Network on Juvenile Justice and UNICEF, through
the Coordination Panel on Technical Advice and Assistance in Juvenile Justice.
9. Optional Protocols
68. The Committee notes that the State party has not signed or ratified the two 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.
69. The Committee encourages the State party to sign and ratify the two Optional Protocols to the Convention on the Rights of the Child.
10. Dissemination of documentation
70. 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 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.
