Distr.

GENERAL

CRC/C/15/Add.133
16 October 2000

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : Burundi.
16/10/2000.

CRC/C/15/Add.133.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE
CHILD

Twenty-fifth 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: Burundi

1. The Committee considered the initial report
of Burundi (CRC/C/3/Add.58) at its 645th to 646th meetings (see CRC/C/SR.645 and
646), held on 20 September 2000, and adopted at the 669th meeting, held on 6 October 2000, the
following concluding observations.

A.
Introduction

2. The Committee welcomes the submission of the
State party's initial report and the written replies to its list of issues
(CRC/C/Q/BUR/1). The Committee notes the constructive dialogue it had with the
delegation of the State party.

B. Positive
aspects

3. The Committee notes the State party's efforts
to introduce "education for peace" and "let us build peace" projects into
national school curricula and teacher training. The Committee notes also the
State party's efforts to provide unaccompanied children with adequate assistance
and to help them trace their families.

4. The Committee notes with satisfaction the
State party's ratification of ILO Convention No. 138 concerning the minimum age
for the admission to employment and the African Charter on the Rights and
Welfare of the Child.

C. Factors and difficulties
impeding the implementation of the Convention

5. The Committee notes that peace negotiations
have failed many times in the past and expresses the hope that current efforts
will be successful. The Committee is aware that successful negotiations will
need some time to take effect and that the armed conflict, with its many
repercussions on respect for children's rights, will continue to cause serious
human rights violations in the State party.

6. The Committee notes that, since it ratified
the Convention, there has been a serious deterioration in the socio-economic
conditions in the State party, aggravated by the armed conflict.

7. The Committee notes also the regional
sanctions imposed on the State party until 1999 and the negative impact of the
sanctions on the situation of children in the State party.

D. Principal subjects of
concern, suggestions and recommendations

1. General measures of
implementation

(arts. 4, 42 and 44, para. 6, of the
Convention)

Legislation

8. The Committee notes the efforts being made by
the State party to bring domestic legislation into conformity with the
Convention including through new legislation on adoption, children in difficult
circumstances and the rights of delinquent children to be considered by the
National Assembly at its present session. The Committee remains concerned,
however, that plans to adopt a single legal instrument gathering together all
provisions relating to the rights and duties of children have not been
completed, that not all elements of domestic legislation are in conformity with
the provisions of the Convention, and that customary law and traditional
practices involving, inter
alia, inheritance violate the rights of
children, and of girls in particular.

9. The Committee encourages the State party to
continue its efforts in the area of law reform with a view to ensuring full
conformity with the principles and provisions of the Convention, to pursue early
adoption of the code of laws on the rights and duties of children, and to ensure
that customary law and traditional practices fully respect the provisions of the
Convention. The Committee further recommends that the State party make
additional efforts to ensure that legislation is implemented.

National plan of action and child rights
policy

10. Noting the progress made towards the
establishment at the provincial and communal levels of children's rights
committees, the Committee remains concerned at the lack of a comprehensive
children's rights policy in the State party, at the absence of policy-making
mechanisms which systematically take children's rights into consideration and at
the absence of an up-to-date national plan of action for the implementation of a
children's rights policy in priority areas. The Committee is concerned, in
addition, that children's rights have not been sufficiently taken into
consideration in past efforts to achieve peace in the State party.

11. The Committee recommends that a children's
rights policy and a new national plan of action based upon the principles and
provisions of the Convention be established and implemented in consultation and
coordination with all relevant ministries and with civil society. The Committee
recommends that the State party pursue efforts to establish provincial and
communal child rights committees and that these bodies be used to effectively
implement the children's rights policy and programmes related to the national
plan of action at the local level. The Committee recommends that the State party
seek assistance from UNICEF in this regard. The Committee urges, further, that
the protection of child rights and the implementation of programmes to address
priority child rights concerns be included in peace agreements.

Coordination

12. The Committee notes the State party's
efforts to coordinate implementation of the Convention through the Council of
Ministers, the Ministry with responsibility for human rights and the
inter-ministerial follow-up Committee. The Committee remains concerned, however,
that the efforts to coordinate are insufficient with regard to the promotion and
implementation of the Convention and the involvement of NGOs in the
process.

13. The Committee recommends that the State
party review its coordinating mechanisms in order to facilitate the promotion
and implementation of the Convention and ensure that adequate human and
financial resources are allocated for this purpose. Further, the Committee
recommends that appropriate measures be taken to include NGOs in the
coordination process.

Data collection

14. The Committee notes with concern the
breakdown of data collection mechanisms and that where data are collected they
cover only children up to age 15.

15.
The Committee recommends that the State
party take steps to improve the collection of disaggregated data, including for
children up to age 18, on priority areas of concern within the scope of the
Convention and ensure that this information is used to improve the
implementation of a child rights policy.

Monitoring mechanisms

16. The Committee is concerned that there is no
mechanism to monitor the implementation of the Convention or to report
complaints of violations of children's rights.

17. The Committee recommends that an independent
mechanism be established to monitor implementation of the Convention and to
record and report on violations of children's rights.

Available resources/budgetary allocations

18. In light of article 4 of the Convention, the
Committee is deeply concerned at the low proportion of the national budget
invested in health, education and social welfare in contravention of the World
Bank's guidelines on minimum spending on these areas, and the high proportion of
spending on defence. The Committee is also concerned that resources, whether
from State allocations or from direct international assistance, are not
distributed evenly among the population according to need. Further, the
Committee notes the high proportion of the population living in poverty and is
concerned at the impact of this situation on children.

19. In light of articles 2, 3 and 4 of the
Convention, the Committee recommends that the State party raise the proportion
of spending on health, education and social welfare to the maximum of available
resources, with a view to ensuring access to these services for all children.
The Committee recommends in addition that the State party ensure that resources
are distributed as evenly as possible according to the needs of vulnerable
populations and to all geographical areas. The Committee recommends further that
the State party make every effort to ensure that programmes and services for the
implementation of the Convention are maintained.

Involvement of civil society

20. The Committee is concerned that civil
society, including NGOs, have insufficient opportunities to influence policy
making and implementation with regard to children's rights. The Committee is
also concerned that children do not have sufficient opportunities to participate
in this process.

21.
The Committee recommends that the State
party take steps to involve a wide range of NGOs in child rights policy-making
and implementation including, in particular, at the provincial and communal
levels. The Committee recommends further that children be provided with more
opportunities to participate in the work of NGOs.

Training

22. Recognizing the efforts made by the State
party to promote the Convention and to provide training on its provisions for
civil servants, the Committee is concerned that training on practical
application of the Convention, particularly in the context of the developing
network of provincial and communal child rights committees, is
insufficient.

23.
The Committee recommends that the State
party continue and strengthen its efforts to promote the Convention and to
conduct training on its provisions for particular professional groups including
teachers, health professionals, including psychological care specialists, social
workers, law enforcement officials, provincial and communal administrative
officials, the members of provincial child rights committees and national
ministerial officials with responsibility for children's rights, and the
military. The Committee recommends further that the State party seek assistance
in this regard from UNICEF.

2. Definition of the
child

(art. 1 of the Convention)

24. The Committee is concerned at the low
minimum age of 12 at which formal education is no longer compulsory, and joins
with the State party in expressing concern at the difference in the legal
minimum ages for marriage of girls and boys, and at the low minimum age of
recruitment to the armed forces.

25.
The Committee recommends that the State
party raise the legal school-leaving age to 16, which is the age at which
children are legally permitted to work. The Committee recommends further that
the State party pursue its efforts to harmonize the minimum ages for marriage of
girls and boys and that legislative measures be taken to raise the minimum age
of recruitment to the armed forces to 18.

3. General principles

(arts. 2, 3, 6 and 12 of the
Convention)

Non-discrimination

26. The Committee is deeply concerned at gross
violations of the right to be protected from discrimination and at the impact of
discrimination upon children in the State party, and notes that discrimination
takes different forms including by ethnic origin, gender, geographical origin
(within the country) and social status. The Committee notes that killings and
other acts committed in the armed conflict, and which have affected children,
have frequently been perpetrated on the basis of ethnic origin. The Committee
notes in addition that other forms of discrimination lead to concerns with
regard to, inter alia, access to resources, inheritance of property, the right
to a nationality and the access of girls to education. Further, the Committee is
concerned that the State party does not appear to have taken fully into account
either the provisions of article 2 or the Convention's other principles in its
legislation and administrative and judicial practice as well as in programmes on
behalf of children.

27. The Committee urges the State party to make
every effort to end all discriminatory practices, to ensure equal respect for
the rights of all children in the State party and to reinforce and ensure the
implementation of existing laws related to non-discrimination. The Committee
recommends that the State party commission and publish an independent study on
the different types and causes of discrimination which affect children in the
State party, with the aim of contributing to public discussion and the
identification of solutions. The Committee urges the State party to restate its
commitment to protect children from discrimination and to work with national and
international partners to end discrimination. The Committee further urges the
State party to use promotion of and training on child rights as a means of
ending discrimination and to prosecute persons who violate non-discrimination
provisions of the law.

Best interests of the child

28. The Committee is deeply concerned that the
State party has not given the best interests of the child, as an individual or
as a member of a vulnerable group, priority consideration.

29.
The Committee recommends that the principle
of the best interests of the child, both as an individual and as a member of a
vulnerable group, be integrated into all future revisions of legislation and
given due consideration in the context of administrative and judicial
decisions.

Right to life, survival and development

30. The Committee is deeply concerned at the
extensive violations of the right to life of children by, inter alia, armed
conflict, deliberate killings by armed persons including members of the armed
forces, State regroupment policies, other forms of population displacement, poor
health and sanitation facilities, severe malnutrition and related illnesses, and
as a result of the prevailing conflict between groups of the population.

31.
The Committee strongly urges the State party
to make every effort to reinforce protection of the right to life, survival and
development of all children within the State party through policies, programmes
and services that target and guarantee protection of this right. The Committee
further urges the State party to seek as much international assistance as
possible in this regard.

The right of the child to be heard

32. The Committee is concerned that children are
not given enough opportunities to express their views and that their opinions
are not taken into consideration sufficiently, in particular within the family
and in schools.

33. In the light of article 12 of the
Convention, the Committee recommends that the State party provide educational
information to, inter
alia, parents, teachers, government
administrative officials, the judiciary and the public in general on children's
rights to participate and to have their views taken into consideration.

4. Civil rights and
freedoms

(arts. 7, 8, 13-17 and 37 (a) of the
Convention)

Nationality

34. The Committee notes that the State party has
ratified the 1954 Convention relating to the Status of Stateless Persons, but
remains concerned at the absence of legislation to implement the Convention's
provision, as they affect children.

35.
The Committee recommends that the State
party consider adopting and implementing legislation to implement the 1954
Convention.

Birth registration

36. The Committee is very concerned at the large
numbers of children whose birth is not being registered.

37.
In the light of article 7 of the Convention,
the Committee urges the State party to make every effort to ensure the
registration of all children born, taking into account the particular situation
of internally displaced persons, including those who have been regrouped, and
refugees.

Cruel, inhuman and degrading treatment or
punishment

38. The Committee is deeply concerned at severe
violations of the rights to freedom of movement and to choose one's residence in
the context of the State party's regroupment policy. The Committee is concerned
further by the large number of children in regroupment camps and the extremely
poor conditions in which they have to live, constituting, in many cases, cruel,
inhuman and degrading treatment and violating numerous minimum standards with
respect to children's rights.

39.
The Committee urges the State party to
complete, without further delay, the process of closing the regroupment camps
and, pending closure, to guarantee respect of all the civil rights and freedoms
of children and their families living in such camps.

Corporal punishment

40. The Committee is concerned that corporal
punishment continues to be practised at home and in some schools and that
domestic legislation does not prohibit its use.

41.
The Committee recommends that the State
party take all appropriate measures, including legislation, information
campaigns and the promotion of alternative forms of sanctions which respect the
physical and mental integrity of children, to end corporal punishment within the
family, schools, juvenile justice and alternative care.

The protection of the law

42. The Committee is concerned that violations
of human rights, including in particular the killing of civilians, committed
against children or their parents are only rarely addressed through judicial
processes and that this climate of impunity is detrimental to the overall
respect of children's rights.

43.
The Committee recommends that the State
party make much greater efforts to investigate violations of human rights and to
prosecute the perpetrators of these acts.

Access to information

44. The Committee notes with concern that a
majority of children in rural areas do not have adequate access to
information.

45. In light of article 17, the Committee
recommends that the State party take all appropriate measures to ensure that
children in all rural areas are provided with adequate access to information and
that they are also protected from information which may be harmful to
them.

5. Family environment and
alternative care

(arts. 5; 18 (paras. 1-2); 9-11; 19-21; 25; 27
(para. 4); and 39 of the Convention)

Family support

46. The Committee is deeply concerned at the
breakdown in nuclear family structures, at the emergence of a high proportion of
single-parent-headed households, child-headed households and grandparent-headed
households, and at the immediate and long-term consequences that these
weaknesses in the family structure may have on children. The Committee is also
concerned at the strong bias in favour of fathers in the context of child
custody disputes.

47. Noting the efforts already made in this
regard, the Committee urges the State party to continue and strengthen support
to families, including through assistance with agricultural production and legal
and financial assistance in obtaining adequate housing and land and counselling
to help resolve problems. The Committee urges the State party to give particular
attention to the establishment of psycho-social and parental guidance programmes
to strengthen vulnerable family units such as single-parent-, child- and
grandparent-headed households. The Committee recommends in addition that the
State party ensure that in granting one parent custody of a child the decision
is made in accordance with the best interests of the child, with the child's
participation and with consideration for the emotional needs of the
child.

Child abuse and neglect

48. The Committee joins the State party in
expressing concern at acts of cruelty, ill-treatment, abuse, including sexual
abuse, and neglect and practices such as the seizure of property belonging to
orphans which are committed against children in the context of the family,
including the extended family.

49. In light of article 19, the Committee
recommends that the State party take steps to establish effective mechanisms for
the timely reporting of and response to domestic violence and abuse against or
affecting children, to prosecute individuals who violate criminal law and to
protect children from cruelty and other harmful acts such as the seizure of
property from orphans. The Committee recommends further that the State party
take measures to offer both physical and psychological care to those who have
suffered, including assisting child victims through court and other proceedings
and avoiding the risk of secondary victimization, and that these should be
implemented in accordance with article 39 of the Convention.

Alternative care

50. Recognizing the large numbers of orphans and
other children in need of alternative care in the State party, the Committee is
deeply concerned at violations of child rights that occur in the context of
alternative care at the lack of systematic monitoring of the situation of
children in institutions or informal foster families, at the use of children for
labour in some informal foster families and at reports indicating that many of
these children do not have adequate emotional support or access to health and
education services.

51. In light of article 21 of the Convention,
the Committee recommends that the State party urgently develop, and implement,
mechanisms to ensure the provision of suitable alternative care for children in
need of such assistance and that monitoring mechanisms be established to
guarantee a minimum standard of care, including in the long-term, and which
ensure that such children are not used for labour and have access to education
and health services. The Committee recommends further that a code of standards
be adopted on care and protection of children deprived of a family environment.
Recognizing the difficulties encountered by many families that provide
alternative care for children, the Committee recommends that the State party
continue and strengthen its support to such families, including by providing
assistance to pay for health and education services.

6. Basic health and
welfare

(arts. 6; 18, para. 3; 23; 24; 26; 27, paras 1-3
of the Convention)

Children with disabilities

52. Noting the current efforts by the State
party, the Committee is concerned at the situation of children with physical and
mental disabilities, and in particular at the limited specialized health care,
education and employment possibilities available for them. The Committee is
concerned further that poor health conditions and poverty are leading to an
increase in the number of children with disabilities.

53. The Committee recommends that the State
party review the situation of children with disabilities in terms of their
access to suitable health care, education services and employment opportunities
and that the State party establish a programme of action to address all areas of
concern. The Committee recommends in addition that the State party
take note 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). The Committee further recommends
that the State party sensitize the population to the rights of children with
disabilities and the difficulties they must face in their daily lives. The
Committee also suggests that the State party seek assistance from,
inter alia, UNICEF and WHO.

Poor health and access to primary health
care

54. The Committee is deeply concerned at low
immunization rate, high levels of malnutrition and micro-nutrition deficiencies
and extremely poor health conditions among children in general and particularly
in camps. Further, the Committee is concerned at high mortality rates among
children, high maternal mortality rates, at low investment in health care, the
limited number of hospitals and health centres that are operational, the limited
drug supply and relatively high cost of medicines, including generic drugs, and
the concentration of medical professionals in Bujumbura city.

55. The Committee urges the State party to make
significant increases in the health budget, to make every effort to improve
public health, including primary health care, and to ensure adequate access for
all children to health services, with particular regard to those living in rural
communities and in camps. The Committee recommends that the State party
implement integrated policies and programmes for the management of childhood
illnesses and measures to improve child and maternal health. The Committee
recommends that the State party seek the assistance of UNICEF and WHO in this
regard.

56. The Committee is concerned at the lack of a
comprehensive policy regarding the protection of social welfare, and that such
protection is not equally accessible to the children of parents who are not
employed in the civil service.

57. In light of article 26 of the Convention,
the Committee recommends that the State party strengthen its efforts to extend
the protection of social welfare to all sectors of the population, including
through systems such as the health insurance card.

Adolescent health

58. The Committee is concerned at the lack of an
adolescent health care policy, particularly with regard to reproductive health,
early teenage pregnancy, mental health and problems related to the inhaling of
substances such as glue and petrol and the use of marijuana.

59. The Committee recommends that the State
party make additional efforts to develop a comprehensive adolescent health care
policy and to provide reproductive health education and specialized assistance
for the treatment of mental, reproductive and other health concerns of
adolescents. In this context, the Committee recommends that the State party seek
assistance from UNICEF and WHO.

HIV/AIDS

60. The Committee is deeply concerned at the
high incidence of HIV/AIDS in the State party and its impact, either direct or
indirect, on children and adolescents.

61. Noting the efforts made in this regard,
including the national programme to combat HIV/AIDS, the Committee recommends
that the State party pursue and increase its current efforts to promote
awareness and prevention of HIV/AIDS [xxx Note: reference to discussion day to
be included here]. The Committee recommends that the State party seek assistance
in this regard from UNAIDS, UNICEF and WHO.

Psychological care

62. Noting the current efforts to address
trauma, the Committee is concerned at the inadequacy of specialized
psychological care in almost all regions of the State party and the substantial
need for such assistance among children who have suffered from, inter alia, the
ongoing armed conflict, displacement, regroupment, sexual abuse and living
conditions in camps. The Committee is concerned that the current ratio of mental
health workers to population is very low.

63. The Committee recommends that the State
party increase its efforts to make psychological assistance available to those
children who have experienced trauma and to increase human resources in the area
of psychological care by providing specialized mental health training for
existing health professionals. The Committee urges the State party to seek
assistance from UNICEF and WHO in this regard.

7. Education, leisure and
cultural activities

(arts. 28, 29, 31 of the
Convention)

Education

64. The Committee is very concerned at the
dramatic fall in the number of children attending primary and secondary school
in the State party, at the insufficient number of qualified teachers working in
rural communities and in camps, at the lack of adequate teaching
equipment and at repeated attacks by armed persons on schools. The
Committee is further concerned at the limited access of children with
disabilities to formal or vocational educational opportunities and at the
proportionally low number of girls attending primary or secondary school.

65. The Committee urges the State party to
continue and strengthen its efforts to, inter alia,
rebuild and reopen schools, recruit qualified teachers in those areas where they
are needed, make available adequate teaching equipment and ensure that all
children, including indigent and displaced children, have equal access to
education opportunities. The Committee further recommends that the State party
develop a clear programme of action for increasing children's access to formal
education. The Committee recommends in addition that the State party ensure that
children with disabilities have access to formal and vocational educational
opportunities and that every effort be made to ensure that girls and boys have
equal access to educational opportunities. In this regard, the Committee
recommends that the State party seek assistance from UNICEF and UNESCO.

66. The Committee recommends, in addition, that
the State party pursue its efforts to include "education for peace", children's
rights and other human rights subjects in the curricula of primary and secondary
schools, and that assistance be requested from UNICEF and UNESCO in this
regard.

8. Special protection
measures

(arts. 22, 38, 39, 40, 37 (b)-(d), 32-36 of the
Convention)

Refugees and internally displaced
children

67. The Committee is deeply concerned at the
very large numbers of persons who have become refugees or internally displaced
within the country and at the situation of those displaced children who are
unaccompanied. The Committee is disturbed in particular by the massive numbers
of people who been forcibly regrouped within the country and by the very poor,
sometimes life-threatening conditions in displaced and regrouped persons camps,
and the poor health and education services available to camp populations. The
Committee notes that the State party has publicly promised to end the
regroupment policy, but has failed to do so. The Committee notes further that
efforts to trace the families of unaccompanied children have had limited
success.

68. The Committee urges the State party to make
every effort to protect the civilian population from displacement and to
implement its plans to end regroupment, giving particular attention to the
situation of unaccompanied children and the need for effective family tracing.
The Committee further urges the State party to ensure that all displaced
children and their families, including those who have been regrouped, have
access to essential health and education services and to consider the need for
continued access to such services during the often slow process of return to
communities of origin. The Committee also urges the State party to provide
returning children and their families with assistance in re-establishing
themselves in their homes. In addition, the Committee urges the State party to
continue to work closely with UNHCR towards establishing conditions conducive to
the return of refugees in safety and in the context of a durable
solution.

Children living and working on the streets or in
the hills

69. The Committee is concerned at the situation
of children living and working on the streets and children living on their own
and without proper housing in the hills. The Committee is concerned,
inter alia, about the poor access of such children to health,
education and other services, about reports that the number of children living
or working on the streets is continuing to increase, and about the particular
vulnerability of girls in these situations.

70. The Committee recommends that the State
party reinforce the current efforts on behalf of street and "hill" children and
ensure that these children are protected and have access to health and education
services. Taking into consideration the limited availability of social workers
and the scarcity of resources, the Committee recommends that the State party
give greater support to the work of NGOs in this domain and provide the police
services with training on children's rights so that the police can contribute to
the protection of children from acts of violence or other abuse while on the
street. The Committee recommends that special attention be given to improving
the situation of girls. The Committee recommends further that the State party
seek assistance from UNICEF in this regard.

Children in armed conflict

71. The Committee is concerned about the
participation of children in the State party's armed forces, either as soldiers,
or as helpers in camps or in the obtaining of information. The Committee is also
concerned about reports of widespread recruitment of children by opposition
armed forces. The Committee is further concerned at reports of sexual
exploitation of children by members of the armed forces. The Committee is deeply
concerned about violations of the provisions of international humanitarian law
relating to the treatment of civilians in armed conflict.

72. The Committee urges the State party to end
the use of children as soldiers or in any other way related to the armed
conflict and to demand, in the context of peace negotiations, that opposition
armed forces also cease to use children as soldiers. The Committee recommends
that the State party ratify the Optional Protocol to the Convention on the
Rights of the Child on the involvement of children in armed conflicts at the
earliest opportunity. In addition, the Committee urges the State party to ensure
that the sexual exploitation of children by members of the armed forces is
brought to an end and that the perpetrators are prosecuted. The Committee
recommends further that the State party provide demobilized children, and others
who have been linked to armed forces or groups, with assistance towards their
social reintegration. The Committee recommends that full respect of the
provisions of international humanitarian law be guaranteed.

Juvenile justice

73. Noting the efforts made to appoint judges
for cases involving juveniles, the Committee is concerned at the weakness of
juvenile justice facilities in the State party. In particular, the Committee is
concerned that children who have been charged with a criminal offence are
obliged to wait long periods of time before a trial is held and that the
duration of pre-trial detention of children frequently exceeds the maximum
prison sentence to which a child can be sentenced if found guilty.
Investigations into criminal accusations made against children are extremely
slow. In addition, the Committee is concerned that children are usually detained
or imprisoned in the same facilities as adults and that conditions of detention
are very poor. The Committee is also concerned to learn that children under the
established minimum age of criminal responsibility of 13 are frequently
detained.

74. The Committee urges the State party to make
every effort to ensure that investigations and trials of children accused of
committing criminal acts are conducted rapidly, that periods of
pre-trial detention are kept to a minimum,
that children are detained or imprisoned separately from adults and that
conditions of detention are improved. The Committee urges the State party to
ensure that no children under the age of 13 are detained or imprisoned, in
accordance with domestic legislation. The Committee recommends that the State
party make further efforts to ensure that the Convention is implemented and
respected, in particular articles 37, 40 and 39, along with 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) and the United Nations Rules for the Protection of
Juveniles Deprived of Their Liberty.

Sexual exploitation

75. The Committee is concerned that children
have been the victims of sexual exploitation, sometimes by those persons who are
responsible for their care.

76. The Committee recommends that the State
party make every effort to end and prevent the sexual exploitation or abuse of
children, giving particular attention to children living in camps. The Committee
recommends in particular that the State party develop and implement a
multidisciplinary plan of action to address the sexual exploitation of children
and encourages the State party, in its efforts to address commercial sexual
exploitation, to take into account the recommendations formulated in the Agenda
for Action adopted at the World Congress Against Commercial Exploitation of
Children, held in Stockholm in 1996. The Committee also recommends that the
State party consider ratifying the Optional Protocol to the Convention on the
Rights of the Child on the sale of children, child prostitution and child
pornography.

Minorities

77. The Committee is deeply concerned about the
poor situation of Batwa children and the lack of respect for almost all of their
rights, including the rights to health care, to education, to survival and
development, to a culture and to be protected from discrimination.

78. The Committee urges the State party urgently
to gather additional information on the Batwa people, to strengthen the
representation of Batwa in national policy-making and to elaborate a plan of
action to protect the rights of Batwa children, including those rights related
to minority populations and indigenous peoples.

Dissemination of the report, written answers,
concluding observations

79. Finally, in light of article 44, paragraph
6, of the Convention, the Committee recommends that the initial report and
written replies submitted by the State party be made widely available to the
public at large and that the publication of the report be considered, along with
the relevant summary records and concluding observations adopted thereon by the
Committee. Such a document should be widely distributed in order to generate
debate and awareness of the Convention, its implementation and monitoring within
the Government, the Parliament and the general public, including concerned
non-governmental organizations. The Committee recommends that the State party
request international cooperation in this regard.

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Office of the United
Nations High Commissioner for Human Rights
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