Distr.

GENERAL

CRC/C/15/Add.124
28 June 2000

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : Georgia.
28/06/2000.

CRC/C/15/Add.124.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE
CHILD

Twenty-fourth 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

GEORGIA

1. The Committee considered the initial report
of Georgia (CRC/C/41/Add.4/Rev.1), submitted on 21 January 1998, at its 619th to
620th meetings (see CRC/C/SR.619-620), held on 17 May 2000, and
adopted at the 641st meeting, held on 2 June
2000, 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 welcomes the written replies to its list of issues (CRC/C/Q/GEO/1)
which allowed for a clearer understanding of the situation of children in the
State party. The Committee is encouraged by the constructive and open dialogue
it had with the State party and welcomes the positive reactions to the
suggestions and recommendations made during the discussion.

3. 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

4. The Committee notes the efforts of the State
party in the area of legal reform. In particular, it notes the adoption of a new
Constitution (1995) which guarantees universally recognized rights and freedoms.
The Committee also notes the enactment of the National Ombudsman Act (1995), the
Education Act (1997), the Adoption Act (1997), the Criminal Procedures Code
(1997), the Civil Procedural Code (1997), the Law on the Protection and
Encouragement of the Natural Feeding of Children (1999) and the Criminal Code
(1999). In this context, the Committee welcomes the establishment of the
Parliamentary Subcommittee on Mother and Child Affairs to participate in the
preparation of draft laws relevant to children. It is noted that the
Subcommittee has devoted considerable attention to the situation of children in
pre-schools, children=s homes and special boarding schools for children.

5. The Committee welcomes the establishment of
the Office of the Public Defender (1996) to examine complaints of violations of
human rights and notes that it includes a Commissioner for the Rights of Women
and Children.

6. The Committee welcomes the ratification by
the State party of the six main international human rights instruments as well
as its accession to the Council of Europe and its subsequent ratification of the
Convention on the Protection of Human Rights and Fundamental Freedoms.

7. The Committee expresses satisfaction that the
State party, with the support of the Office of the High Commissioner for Human
Rights and UNICEF, has translated the Convention on the Rights of the Child, the
Universal Declaration of Human Rights and other human rights instruments into
the Georgian and Abkhaz languages.

8. The Committee welcomes the election of the
Youth Parliament of Georgia (April 2000) which is mandated to consider relevant
youth issues and prepare recommendations in this regard to the National
Parliament of Georgia. The Committee notes that 50 per cent of the Youth
Parliament's 166 members are between the ages of 14 and 18 years.

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 and the high levels of unemployment and poverty. The Committee further
notes that the civil and political unrest which emerged soon after the State
party declared its independence in 1991 has slowed the period of transition and
prevented the implementation of adequate programmes and services for children,
especially those in conflict zones.

D. Subjects of concern and
recommendations

1. General measures of implementation

Legislation

10. While the Committee notes the recent efforts
by the State party to enact additional legislation and to undertake a review of
its legislation to ensure greater consistency with the Convention, it is
concerned that domestic legislation still does not fully reflect the principles
and provisions of the Convention.

11. The Committee recommends that the State
party reinforce its efforts to ensure that its laws conform fully with the
principles and provisions of the Convention and in this regard encourages the
prompt submission of the recommendations of the review of legislation to
Parliament with a view to their early implementation. The State party is further
encouraged to consider the possibility of enacting a comprehensive code for
children.

Coordination

12. The Committee notes with concern the lack of
an effective mechanism to facilitate the coordination and systematic
implementation of the Convention and to monitor the progress achieved in this
regard. While the Committee notes the efforts of the State party to foster
closer relations and cooperation with NGOs involved in the implementation of
children's programmes, it is concerned that insufficient efforts have been made
to include civil society in the coordination and implementation of the
Convention. The Committee notes the State party's intention to prepare a
national plan of action for children.

13. The Committee recommends that the State
party adopt a comprehensive national plan of action to implement the Convention,
allocate resources, both human and financial, develop capacity, and give
attention to intersectoral coordination and cooperation at and between national
and local levels of government. The State party is encouraged to provide
adequate support to local authorities for the implementation of the Convention.

Data collection

14. The Committee is concerned that the current
data collection mechanism is insufficient to afford the systematic and
comprehensive collection of disaggregated quantitative and qualitative data for
all areas covered by the Convention in relation to all categories of children in
order to monitor and evaluate progress achieved and assess the impact of
policies adopted with respect to children.

15. The Committee recommends that the State
party reinforce its efforts to introduce a comprehensive system of data
collection incorporating all the areas covered by the Convention. Such a system
should cover all children up to the age of 18 years, with specific emphasis on
those who are particularly vulnerable, including children living in the
mountainous regions; children with disabilities; children living in poverty;
children in conflict with the law; children of single-parent families; child
victims of abuse, including sexual abuse; children living and/or working on the
streets; internally displaced children; and children affected by armed
conflicts, especially those in South Ossetia and Abhkazia, particularly in the
Gali district. The Committee takes note of the State party's request for
technical assistance in this regard and encourages it to follow up with, among
others, the United Nations Population Fund (UNFPA) and UNICEF.

Independent monitoring structures

16. While the Committee notes the establishment
of the Office of the Public Human Rights Defender to examine complaints of
violation of human rights, it is concerned that insufficient efforts have been
made to ensure that this complaint mechanism is easily accessible and available
to children whose rights have been violated. Concern is also expressed that the
post of Public Defender has remained vacant for several months and that
insufficient resources have been allocated for the effective functioning of the
Office of the Public Defender.

17. The Committee suggests that the State party
take all appropriate measures to ensure that its independent complaints
mechanisms are easily accessible to and user-friendly for all children
so that it may deal with complaints of violations of their rights and provide
remedies for such violations. In this regard, the Committee suggests that the
State party introduce an awareness-raising campaign to facilitate the effective
use by children of such a mechanism. Further, the Committee recommends that the
State party allocate adequate financial and human resources to ensure the
effective functioning of the Office of the Public Defender in all regions of the
country. The State party is encouraged to consider the early appointment of
regional representatives in this regard.

Allocation of budgetary resources

18. While the Committee notes that the civil and
political unrest, the economic crisis and the structural adjustment programme
have had adverse effects on social investment, it is concerned that in light of
article 4 of the Convention, not enough attention has been paid to allocating
budgetary resources in favour of children "to the maximum extent of … available
resources". Concern is also expressed at the widespread practices of
tax evasion and corruption which are believed to have an effect on the level of
resources available for the implementation of the Convention.

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, to the maximum extent of available resources and,
where needed, within the framework of international cooperation. The Committee
recommends that the State party undertake all appropriate measures to improve
its system of tax collection and reinforce its efforts to eradicate corruption.

Dissemination of the principles and
provisions of the Convention

20. The Committee notes that the Convention has
been translated into the Georgian and Abkhaz languages and that human rights,
including the rights of the child, have been included in the school curricula in
Tbilisi. The Committee remains concerned, however, that insufficient efforts
have been made to promote awareness of the principles and provisions of the
Convention and that professional groups, children, parents, and the public at
large are generally not sufficiently aware of the Convention and the
rights-based approach enshrined therein.

21. The Committee recommends that greater
efforts be made to ensure that the provisions of the Convention are widely known
and understood by adults and children alike. The Committee further 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 and school administrators, especially outside of
the capital; health personnel, including psychologists, and social workers; and
personnel of childcare institutions. It further suggests that the State party
seek to ensure that the Convention is fully integrated into the curricula in all
regions of the State party and at all levels of the educational system. In this
regard, the Committee encourages the State party to continue its technical
cooperation programmes with OHCHR and UNICEF, among others.

2. Definition of the child

22. The Committee notes with concern that the
law does not include legal minimum ages for sexual consent and medical treatment
without parental consent.

23. It is recommended that the State party enact
relevant legislation concerning the minimum legal ages for sexual consent and
medical treatment without parental consent.

3. General principles

Non-discrimination

24. The Committee notes with concern that the
principle of non-discrimination is not adequately implemented with respect to
certain vulnerable groups of children, including children living in conflict
areas, children living in institutions, children living in the mountainous
regions, children with disabilities, children of single parent families,
children of poor families, children in conflict with the law, children living
and/or working on the streets, refugee children and internally displaced
children. The Committee is particularly concerned about their limited access to
adequate health, education and other social services.

25. The Committee recommends that the State
party increase its efforts to ensure implementation of existing laws
guaranteeing the principle of non-discrimination and their full compliance with
article 2 of the Convention, particularly as it relates to the vulnerable
groups.

Best interests of the child

26. The Committee is concerned that the general
principle of the best interests of the child 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.

27. 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 legal provisions
as well as in judicial and administrative decisions and in projects, programmes
and services which have an impact on children.

Respect for the views of the child

28. The Committee notes the efforts of the State
party to encourage respect for the views of the child in court and
administrative proceedings as well as within the school environment through,
inter alia, the establishment of school councils where students are
represented and allowed to promote the views of their peers. It is concerned,
however, that the views of children are still not adequately respected within
the family and in society generally.

29. The Committee recommends that the State
party develop a systematic approach to increasing public awareness of the
participatory rights of children and encourage respect for the views of the
child within the family, communities, and care and other institutions.

4. Civil rights and freedoms

Freedom of association

30. The Committee notes with concern that the
law prohibits youth from becoming members of political parties and that this
prohibition limits the opportunity for youth to learn about the political
process, delays their preparation for political leadership, and denies their
full right to freedom of association.

31. In light of article 15 of the Convention,
the Committee recommends that the State party amend its legislation to ensure
that youth are allowed to join political parties and that they fully enjoy their
right to freedom of association.

Access to appropriate information

32. The Committee notes with concern that
despite existing prohibitions, including the enactment of legislation banning
abuse of the naivety and inexperience of minors in advertising, children are
still not adequately protected from harmful information, including violence and
pornography.

33. In light of article 17 of the Convention,
the Committee recommends that the State party strengthen its efforts to protect
children from harmful information.

5. Family
environment and alternative care

Protection of children deprived of a family
environment

34. While the Committee welcomes the State
party's programme of deinstitutionalization, it is concerned about the still
high number of institutionalized children and the poor standard of living and
quality of care in institutions.

35. The Committee recommends that the State
party establish a code of standards to ensure that children deprived of a family
environment receive adequate care and protection. The Committee recommends that
the State party reinforce its efforts to provide additional training, including
in children's rights, for the staff of institutions; ensure the periodic review
of placements in institutions; and establish an independent complaint mechanism
for children in alternative care institutions. The Committee encourages the
State party to introduce measures to guarantee and protect the human dignity of
children living in institutions and to make these institutions more child
friendly. The State party is also encouraged to increase the level of resources
allocated for the protection and care of children deprived of a family
environment. Finally, the Committee recommends that the State party increase its
efforts to prevent institutionalization and pay special attention in that regard
to vulnerable families by, for example, providing them with adequate support
services.

Foster care

36. While the Committee notes that the State
party has recently adopted a new law on foster care, it remains concerned that
insufficient resources impede the effective implementation of this new
law. Concern is also expressed at the unregulated nature of
the practice of kinship fostering.

37. The Committee recommends that the State
party provide adequate resources, both financial and human, for effective
implementation of the new law on foster care; introduce programmes to raise
awareness and promote foster care; and undertake measures to regulate kinship
fostering in order to ensure that the best interests of the children concerned
are taken into account.

Adoption

38. The Committee notes with concern that both
domestic and intercountry adoptions are inadequately monitored. While the
Committee notes the State party's concerns regarding adoptions and the need to
keep the identity of genetic parents confidential, it is deeply concerned that
the law on adoption provides that the date and place of birth of an adopted
child may be changed at the request of the adoptive parents.

39. In light of article 21 of the Convention,
the Committee recommends that the State party introduce proper monitoring
procedures with respect to both domestic and intercountry adoptions. With
reference to articles 3 and 7 of the Convention the Committee recommends that
the State party consider amending its legislation to ensure that information
about the date and place of birth of adopted children and their genetic parents
are preserved and, where possible, made available to these children upon request
and when in their best interests. Additionally, the Committee further 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/maltreatment/violence

40. The Committee notes with appreciation that a
department for the protection of the rights of children has been established
within the Ministry of Education to monitor and prevent abuse and neglect of
children and that a research project was conducted in 1997 to ascertain the real
situation of abuse of children within schools, the family and in society
generally. The Committee welcomes the appointment of inspectorates
for the affairs of minors that are mandated to monitor the situation of abuse
within families, as well as the establishment of a crisis centre which includes
rehabilitation programmes for street children and women victims of domestic
violence. However, the Committee remains concerned at the high and increasing
incidence of abuse of children, including sexual abuse, neglect, abandonment and
domestic violence. The Committee also expresses concern at the lack of awareness
and information on domestic violence, ill-treatment and abuse (physical, sexual
and psychological) of children and the insufficient financial and human
resources allocated, as well as at the inadequacy of the programmes established
to prevent and combat all forms of abuse of children. While the Committee notes
that a State programme for the protection, development and social adaption of
minors has been established it is concerned that funding allocated for its
implementation is insufficient.

41. 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) with a view
to adopting adequate policy measures and to changing traditional attitudes. The
Committee recommends that all appropriate measures be taken to introduce
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-friendly judicial procedure and
sanctions applied to perpetrators, including treatment, with due regard given to
protecting the right to privacy of the child. Additional measures should also be
taken to ensure the physical and psychological recovery and social reintegration
of child victims in accordance with article 39 of the Convention, and the
prevention of criminalization and stigmatization of victims. The Committee
recommends that the State party take all appropriate measures to discourage the
neglect and abandonment of children. The State party is encouraged to allocate
funds to implement the State programme for the protection, development and
social adaption of minors. The Committee recommends that the State party seek
technical assistance from UNICEF, among others.

Corporal punishment

42. While the Committee notes that corporal
punishment in schools is prohibited by law and that there is an intention also
to prohibit its use within the family, it is concerned that this type of
punishment continues to be used in schools, families and care
institutions.

43. The Committee recommends that the State
party take legislative measures to prohibit all forms of physical and mental
violence, including corporal punishment, within the family, the schools and care
institutions. The Committee further recommends that the State party, through,
for example, public awareness campaigns, promote positive, non-violent forms of
discipline as an alternative to corporal punishment, especially in families, the
schools and care institutions.

6. Basic health and welfare

Right to health and access to health
services

44. The Committee notes with appreciation the
elaboration of a National Health Policy to the year 2010 with the support of WHO
and the World Bank, which includes the enhancement of the health of mothers and
children as one of its priorities.
However, the Committee is concerned about
the health situation of children which continues to be affected by the poor
economic situation within the State party. In particular, it notes the limited
access to and quality of health services, particularly among children living in
conflict zones as well as in the mountainous regions; the increasing cost of
basic health care of which the State party covers only 15-20 per cent; the
inadequate allocation of funding for health; the high maternal, child and infant
mortality rates; the increasing malnutrition rate; and the deteriorating
situation of sanitation and safe drinking water supplies. While the Committee
notes that the State party is receiving technical assistance for the
immunization campaign, it is concerned that vaccines continue to be unavailable
and that negative social attitudes towards vaccinations have resulted in a
resurgence of preventable diseases such as diphtheria.

45. The Committee recommends that the State
party allocate appropriate resources for the implementation of the National
Health Policy and, where appropriate, develop additional policies and
programmes to improve the health situation of children, especially those living
in mountainous regions and conflict zones; facilitate greater access to and
quality of primary health services; ensure the availability of vaccines; reduce
the incidence of maternal, child and infant mortality; prevent and combat
malnutrition, especially in vulnerable and disadvantaged groups of children; and
increase access to safe drinking water and sanitation. Additionally, the
Committee encourages the State party to continue its cooperation with respect to
the Integrated Management of Childhood Illnesses initiative.

Adolescent health

46. The Committee expresses its concern with
respect to the limited availability of programmes and services and the lack of
adequate disaggregated data in the area of adolescent health, including teenage
pregnancy, abortion, HIV/AIDS and STDs, alcohol, drug and substance abuse,
including tobacco use, violence and mental health.

47. The Committee recommends that the State
party increase its efforts in promoting adolescent health policies and
child-friendly counselling services as well as strengthening reproductive health
education, including the promotion of acceptance by men of the use of
contraceptives. The Committee suggests that a comprehensive and
multidisciplinary study be undertaken to ascertain the scope of adolescent
health problems, including the special situation of children infected with,
affected by or vulnerable to HIV/AIDS and STDs. Additionally, it is recommended
that the State party take further measures, including the allocation of adequate
human and financial resources, to increase the number of social workers and
psychologists, and to develop youth-friendly care and rehabilitation facilities
for adolescents. It is further recommended that the State party seek technical
assistance from UNICEF and WHO, among others.

Children with disabilities

48. The Committee welcomes the 1997-2000 State
programme for social protection and rehabilitation of children with disabilities
as well as the survey undertaken in this regard. The Committee
remains concerned, however, about the absence of protection and the lack of
adequate facilities, coordination and services for children with disabilities.
The Committee is also concerned that insufficient efforts have been made to
facilitate the inclusion of children with disabilities in the regular school
system and in society generally.

49. 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 (CRC/C/69), it is
recommended that the State party develop early identification programmes to
prevent disabilities, increase its efforts to implement alternatives to the
institutionalization of children with disabilities, establish special education
programmes for children with disabilities and, where possible, encourage their
inclusion in the regular school system and in society generally. The Committee
recommends that the State party take all appropriate measures to ensure that
adequate resources are allocated for the effective implementation of programmes
and services for children with disabilities, as well as their families. Further,
the Committee recommends that the State party undertake an awareness-raising
campaign to sensitize the public about the rights and special needs of children
with disabilities, including children with mental health concerns. The Committee
further recommends that the State party seek technical cooperation for the
training of professional staff working with and for children with disabilities
from WHO, among others.

Right to an adequate standard of
living

50. The Committee notes with concern the large
percentage of the population living below the poverty line (approximately 43 per
cent and mainly in urban centres) and the inability of the social security
system to improve the situation of the growing number of poor families.

51. In accordance with article 27 of the
Convention, the Committee recommends that the State party increase its efforts
to provide material assistance and support to economically disadvantaged
families and guarantee the right of children to an adequate standard of living.
In this context, the State party is encouraged to promote programmes to
discourage and prevent child begging. The Committee encourages the State party
to proceed with the programme, in cooperation with the World Bank, to eradicate
poverty, especially among children.

7. Education, leisure and cultural
activities

Right to and aims of education

52. While the Committee notes that the
Constitution provides for the right to education and that the 1997 Education Act
was adopted with a view to improving the situation of education in the State
party, it remains concerned at the situation of education, particularly of
children in conflict zones and the mountainous regions. In this connection,
the Committee expresses concern at the impact of the economic situation on the
educational system as well as the decline in enrolment and attendance rates,
particularly at the secondary level; the poor infrastructure, including
inadequate heating, classrooms and other facilities for instruction; the limited
availability of learning materials; insufficient resources, both human and
financial; and inadequate instruction in local languages. The Committee also
notes with concern that the current economic conditions in the State party and
the increasing cost of childcare services have led to a significant decline in
the enrolment of children in pre-school.

53. The Committee recommends that the State
party take all appropriate measures, including the allocation of adequate
financial, human and technical resources, to improve the situation of education
and ensure that all children enjoy the right to education. The Committee further
recommends that the State party seek to implement additional measures to
encourage children to stay in school, particularly during the period of
compulsory education, and to facilitate pre-school education. The Committee
encourages the State party to take all appropriate measures to improve the
quality of teaching, to develop child-friendly schools, and to facilitate the
introduction of traditional languages into the school curricula. 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 and internally
displaced children

54. The Committee notes that despite limited
resources, Georgia has received some 5,000 Chechnyans, mainly women, children
and elderly people. The Committee notes that the State party has enacted the
Refugees Act; however, it is concerned that insufficient efforts have been made
to establish a special refugee status determination procedure for unaccompanied
minors. Concern is also expressed at the absence of specific regulations
regarding family reunification.

55. The Committee recommends that the State
party take all appropriate measures to protect the rights of refugee,
asylum-seeking and unaccompanied children and facilitate their access to
adequate housing, education, health and other social services. In this regard,
the State party should consider the adoption of legislation on asylum-seekers.
Additionally, it is recommended that the State party take measures to facilitate
family reunification and to establish an efficient refugee status determination
procedure for unaccompanied minors. The Committee further recommends that the
State party undertake a study on refugee, asylum-seeking and unaccompanied
children to ascertain the

extent to which they are victims of torture or
other cruel, inhuman or degrading treatment and punishment; economic
exploitation, including forced labour; commercial sexual exploitation; sale,
trafficking and abduction; and abandonment, abuse and neglect.

Internally displaced children

56. The Committee notes the adoption of the
Forcibly Displaced Persons-Exiles Act and the State party's efforts, in
cooperation with UNHCR, to provide humanitarian assistance to internally
displaced persons, including free health care and education for children.
However, the Committee remains concerned about their situation.

57. The Committee recommends that the State
party implement the "New Approach" to internal displacement, which is to improve
the current conditions of internally displaced persons while continuing to
support their right to return voluntarily to their homes in safety and dignity,
as developed by UNDP, UNHCR, the World Bank and the Office for the Coordination
of Humanitarian Affairs (OCHA) and endorsed by the State party.

Children in armed conflict

58. The Committee is concerned that insufficient
efforts have been made to guarantee and protect the rights of children living in
conflict areas, including in South Ossetia and Abkhazia (especially in the Gali
district). The Committee expresses grave concern at the significant
number of landmines still in the State party, especially in the western regions
along the border zones. The Committee notes with concern the insufficient
efforts made by the State party to locate and clear these landmines and to
protect children in this regard. Concern is also expressed about the inadequate
programmes to facilitate the care and rehabilitation of child victims of
landmines and the insufficient efforts to raise awareness and to prevent
accidents involving children and landmines.

59. In light of articles 38 and 39 of the
Convention, the Committee recommends that the State party take all appropriate
measures to ensure the protection and care of children affected by armed
conflict, including their physical and psychological recovery and social
reintegration. The Committee strongly recommends that the State party take all
appropriate measures to locate and clear the landmines in its territory, and
promote awareness about the potential dangers. The State party is recommended to
undertake a study to determine the impact of landmines in its territory,
particularly as this affects children living in the western regions along the
border. The Committee recommends that the State party reinforce its efforts to
accede to the Convention on the Prohibition of the Use, Production, Transfer and
Stockpiling of Anti-Personnel Landmines and on Their Destruction, which it
signed in December 1997. Additionally, the State party is encouraged to seek
technical cooperation with the United Nations Mine Action Service (UNMAS), among
others.

Economic exploitation

60. The Committee welcomes the State party's
ratification of the ILO Convention concerning the Minimum Age for Access to
Employment (No. 138). In light of the current economic situation, declining
school enrolment and attendance rates, and the increasing number of children
living and/or working on the streets, the Committee is concerned about the lack
of information and adequate data on the situation of child labour and economic
exploitation within the State party, including in
the informal sector. Concern is also expressed at the significant number of
children begging on the streets and their vulnerability to exploitation and
abuse.

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
sector. The State party is encouraged to continue its cooperation with IPEC to
finalize, by the end of 2000, a child labour survey to assess the situation of
children in this regard. The Committee encourages the State party to consider
ratifying the ILO Worst Forms of Child Labour Convention, No. 182.

Children living and/or working on the
streets

62. Concern is expressed at the large and
increasing number of children living and/or working on the streets.

63. The Committee recommends to the State party
to establish mechanisms to ensure that children living and/or working on the
streets are provided with identity documents, food, 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, protection from police brutality, services for
reconciliation with their families and education, including vocational and
life-skills training. The Committee recommends to the State party to cooperate
and coordinate its efforts in this regard with civil society.

Drug abuse

64. The Committee is concerned at the increasing
incidence of drug, alcohol and substance abuse among youth as well as the lack
of financial and human resources, inadequate monitoring mechanism and
insufficient psychological, social and medical programmes and services available
in this regard.

65. In light of article 33 of the Convention,
the Committee recommends that the State party take all appropriate measures,
including administrative, social and educational measures, to protect children
from the illicit use of alcohol, narcotic drugs and psychotropic substances and
to prevent the use of children in the illicit production and trafficking of such
substances. It encourages the State party to support rehabilitation programmes
dealing with child victims of alcohol, drug and substance abuse. In this regard,
the Committee encourages the State party to consider seeking technical
assistance from UNICEF, WHO, the United Nations International Narcotics Control
Board, among others.

Sexual exploitation and abuse/sale,
trafficking and abduction

66. The Committee expresses concern about the
increasing number of child victims of commercial sexual exploitation, 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. The Committee also notes with concern
that there have been reported incidents of sale, trafficking and abduction of
children, especially girls, for commercial sexual exploitation.

67. 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 designing and implementing appropriate
legislation, policies and measures, including care and rehabilitation, to
prevent and combat the sexual exploitation of children, as well as the sale,
trafficking and abduction of children for commercial sexual exploitation.

Juvenile justice

68. Concern is expressed at the increasing
number of children in conflict with law and the limited measures taken by the
State party to address their concerns.
In particular, the Committee notes:

(a) The absence of adequate legislation on
juvenile justice, as well as the inconsistency of the juvenile justice system
with the Convention and other relevant United Nations standards;

(b) The poor conditions of juvenile detention
facilities, including the lack of adequate food, clothing, heating, educational
opportunities and leisure activities for child detainees;

(c) The inadequate facilities for children in
conflict with the law; the insufficient numbers of trained personnel to work
with children in this regard; and the lack of a complaint mechanism for children
whose rights have been violated.

69. The Committee recommends that the State
party:

(a) Take all appropriate measures to implement a
juvenile justice system that is 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) and the United Nations Rules for
the Protection of Juveniles Deprived of Their Liberty;

(b) Use deprivation of liberty only as a measure
of last resort and for the

shortest possible period of time; protect the
rights of children deprived of their liberty, including their right to privacy;
and ensure that children deprived of their liberty remain in contact with their
families;

(c) Take all appropriate measures to improve the
situation of children in juvenile detention facilities, including their access
to adequate food, clothing, heating, educational opportunities and leisure
activities;

(d) Introduce training programmes on relevant
international standards for all professionals involved with the administration
of juvenile justice;

(e) 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. Dissemination of reports

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 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.

©1996-2001
Office of the United
Nations High Commissioner for Human Rights
Geneva, Switzerland