Distr.

GENERAL

CRC/C/15/Add.160
7 November 2001

Original: ENGLISH

Concluding observations of the
Committee on the Rights of the Child : Kenya.
07/11/2001.

CRC/C/15/Add.160.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE
CHILD

Twenty-eighth
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: Kenya

1. The Committee considered the initial report of
Kenya (CRC/C/3/Add.62), received on 13 January 2000, at its 725th and 726th
meetings (see CRC/C/SR.725-726), held on 26 September 2001 and
adopted at the 749th meeting, held on 12 October
2001, the following concluding observations.

A. Introduction

2. The Committee welcomes the submission of the
initial report of the State party which followed the established guidelines. The
Committee welcomes the written replies to its list of issues (CRC/C/Q/KEN/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 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 rights of children in the
State party.

B. Positive
aspects

3. The Committee notes with appreciation that the
State party has put in place a Poverty Eradication Plan and has developed a
Poverty Reduction Strategy for the period 2000-2003 to address increasing
poverty, focusing primarily on basic social services.

4. The Committee notes the efforts of the State party
to facilitate the participation of NGOs in the promotion and implementation of
programmes for children, including the National Programme of Action for Children
established in 1992. In this regard, the Committee welcomes the collaborative
process undertaken in the preparation of the State party report, involving
approximately 1,500 stakeholders, including NGOs and children themselves.

5. The Committee welcomes the establishment in 2000 of
the Family Division of the High Court to provide greater protection for children
in custody, adoption and divorce matters.

6. The Committee welcomes the setting up of a crisis
desk and a hotline service to receive reports from child victims of abuse,
including sexual abuse. In this regard, the Committee also welcomes the
establishment, in cooperation with civil society, of a peace house for abused
children.

7. The Committee welcomes the National AIDS Control
Council and the National Agency for the Campaign against Drug Abuse.

8. The Committee notes that budgetary allocations for
social services have improved over the past three years despite the challenges
faced by the country.

C. Factors and difficulties
impeding the implementation of the Convention

9. The Committee acknowledges that the economic and
social difficulties - inter
alia the ethnic clashes in 1997 - 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 high external debt payments, pressures exerted by structural
adjustment, increasing levels of unemployment, the deteriorating economic
conditions and rampant corruption, especially on children belonging to the most
vulnerable groups. The existence of more than 40 different ethnic groups seems
also to be a major difficulty in the implementation of the Convention and in
enacting adequate domestic legislation, particularly because they have their own
customary laws.

D. Subjects of concern and
committee recommendations

1. General measures of
implementation

Legislation

10. The Committee notes that the State party has
undertaken a review of the Constitution and of the legislation. In 1994, the
Kenya Law Review Commission recommended improvements to give effect to the
provisions of the Convention. The Committee further notes that the State party
subsequently drafted the Children Bill, the Domestic Violence (family
protection) Bill, the Industrial Properties Bill, the Refugee Bill, the Criminal
Law Amendment Bill and the Bill on People with Disabilities. The Committee is
concerned, however, that these bills are still undergoing review and must be
discussed by Parliament before being enacted. The Committee expresses concern
about the insufficient information on the status of the different systems of
family law and their compatibility with the Convention on the Rights of the
Child.

11. The Committee
recommends that the State party reinforce its efforts to ensure that domestic
law, including constitutional provisions, fully conforms with the provisions and
principles of the Convention on the Rights of the Child, and eliminate any
incompatibility in the different systems of family law. The Committee encourages
the State party to expedite the enactment of the pending legislation that has a
direct impact on the rights of children and to ensure that any new legislation
includes the principles of the Convention, as well as a rights based approach.
It also encourages the State party to implement that legislation in the most
effective way and to make available the necessary human and financial resources.
In this regard, the Committee recommends that the State party seek technical
assistance from, inter alia, the Office of the High Commissioner for Human Rights (OHCHR)
and UNICEF.

Coordination

12. The Committee notes with concern that the State
party has not established a mechanism to coordinate the implementation of the
Convention. While the Committee notes that the Children's Department is the
agency responsible for the rehabilitation, protection and care of children, it
is concerned about the inadequate resources (financial and human) allocated for
the effective functioning of that Department.

13. The Committee
recommends that the State party set up an effective mechanism of coordination
for the implementation of the Convention and take all measures to strengthen the
resources (financial and human) allocated to the Children's Department to
facilitate effective coordination and implementation of the Convention at the
national and local levels.

Data collection

14. The Committee notes the State party's Population
and Housing Census conducted in 1999. It is concerned, however, that
insufficient efforts have been made to ensure the systematic collection of
disaggregated data on all aspects of the Convention and the use of such data in
monitoring and evaluating legislation, policies and programmes adopted with
respect to children.

15. The Committee
recommends that the State party strengthen its efforts to collect systematically
data disaggregated by gender, age, minority groups and rural and urban areas,
incorporating all the areas covered by the Convention and covering all children
below the age of 18 years, with specific emphasis on those who are vulnerable,
in particular children with disabilities and refugee children. The State party
should also develop indicators to effectively monitor and evaluate progress
achieved in the implementation of the Convention and assess the impact of
policies that affect children. In this context, the Committee recommends that
the State party seek technical assistance from, inter alia, the United Nations Population Fund (UNFPA), UNDP and UNICEF.

Monitoring mechanisms

16. The Committee notes that the State party
established a Standing Committee on Human Rights (SCHR) in 1996 to investigate
alleged human rights violations, to advise the Government on all human rights
matters and to increase public awareness about the issue. The Committee is
concerned that insufficient resources (financial and human) have been allocated
for the effective functioning of the SCHR. The Committee notes with concern that
the SCHR has no specific responsibilities with regard to children and that the
SCHR is not easily accessible to children.

17. The Committee
encourages the State party to allocate adequate financial and human resources to
the Standing Committee on Human Rights (SCHR) to ensure its effective
functioning. The Committee further suggests that the State party should consider
reviewing the status of the Committee and establishing an independent national
human rights institution in accordance with the Paris Principles (General
Assembly resolution 48/134) which would be competent to monitor and evaluate
progress in the implementation of the Convention at the national level and, if
appropriate, at the local level and to receive and investigate complaints of
violations of child rights in a child-friendly manner, and to address them
effectively. Meanwhile, the State party should take effective measures to ensure
that the SCHR is easily accessible and child-sensitive in dealing with
complaints of violations of the rights of children and in providing remedies for
such violations in all regions of the country. The Committee further suggests
that the State party initiate an awareness raising campaign about the SCHR and
to facilitate its effective use by children. The Committee encourages the
establishment of a focal point on children within the SCHR to monitor child
rights. Finally, the Committee suggests that the State party consult further
with OHCHR and seek technical assistance from UNICEF, among others.

Resources for children

18. The Committee is aware of the economic and social
challenges facing the State party, including high and increasing poverty levels,
as well as high debt payments. It remains concerned, however, that in the light
of article 4 of the Convention, not enough attention has been paid to allocating
budgetary resources, at both the national and local levels, in the best
interests of children "to the maximum extent of ... available resources".

19. In the 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 children from
economically and geographically disadvantaged groups, to the maximum extent of
available resources at both the national and local levels, where necessary
within the framework of international cooperation.

Dissemination of the Convention

20. The Committee notes with appreciation the
initiatives of the State party to promote awareness of the principles and
provisions of the Convention, including through traditional means of
communication. The Committee also notes with satisfaction that the Convention
has been translated into Kiswahili and over 20,000 copies distributed. 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, social workers, personnel of childcare institutions,
and traditional or community leaders. The Committee also recommends that the
State party incorporate human rights, especially the Convention on the Rights of
the Child in the school curricula at all levels. The Committee suggests that the
State party seek technical assistance from, inter alia, OHCHR, UNESCO 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. In
particular, the minimum age of eight years for criminal responsibility is too
low.

23. The Committee
recommends the State party take the necessary legislative measures:

(a) To increase the legal age for criminal
responsibility and for sexual consent;

(b) To correct the disparity between the legal minimum
ages for marriage of boys and girls, preferably by increasing the legal minimum
age for marriage of girls under the Marriage Act (Laws of Kenya, chap. 150) and
the Hindu Marriage and Divorce Act (Laws of Kenya, chap. 157);

(c) To establish clear minimum ages for marriage under
Islamic and customary laws, employment, especially with respect to
apprenticeship programmes, and compulsory education.

3. General
principles

Non-discrimination

24. The Committee notes that the State party
established a task force in 1993 to undertake a review of the law to ensure
non-discrimination against women and initiate statutory reforms with regard to
gender discrimination. The Committee is concerned, however, that the principle
of non-discrimination is not adequately implemented with respect to certain
vulnerable groups of children, especially girls, children born out of wedlock,
children with disabilities, children of economically disadvantaged families,
children in conflict with the law, children living in institutions, street
children, child victims of abuse, refugee and asylum-seeking children, children
belonging to ethnic minorities, and those living in rural areas. Finally, the
Committee is concerned that the constitutional guarantee of equal treatment does
not cover various tribal, traditional customs and practices associated with, for
example, fostering, marriage and divorce that constitute a major challenge for
the full realization of children rights in the State party.

25. The Committee
recommends that the State party take 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 and traditional tribal customs, practices and
rituals.

26. The Committee
requests that specific information be included in the next periodic report on
the measures and programmes relevant to the Convention on the Rights of the
Child undertaken by the State party to follow up on the Declaration and
Programme of Action adopted at the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance, and taking account of
General Comment No. 1 on article 29.1 of the Convention (the aims of
education).

Right to life, survival and development

27. The Committee notes that the State party has
established various programmes under the National Programme of Action for
Children to ensure the survival and development of children. However, it is
concerned that the Programme has not been sufficiently implemented and that the
impact of HIV/AIDS, mounting economic challenges and other socio-economic
difficulties continue to threaten the right to life, survival and development of
children in the State party, especially those living in rural areas and
increasingly those living in crowded urban centres.

28. The Committee
encourages the State party to reinforce its efforts 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
party. In this connection, the Committee recommends that the State party take
all effective measures to strengthen its technical cooperation with,
inter alia,
UNICEF, UNAIDS, UNDP and WHO.

Respect for the views of the child

29. The Committee notes with concern that,
inter alia,
traditional practices and attitudes still limit the full implementation of
article 12 of the Convention.

30. 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 the family, in schools and care institutions, and in the
judicial system. The Committee further recommends that the State party introduce
child-sensitive hearings for placement decisions and in courts and take into
account the views of the child, according to their maturity and age.

4. Civil rights and freedoms

Birth registration

31. 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 many children are not registered, particularly
those born at home and those living in rural communities.

32. In the light of
articles 7 and 8 of the Convention, the Committee recommends that the State
party strengthen its efforts to raise awareness among government officers,
midwives, community and religious leaders, and parents themselves, to ensure
that all children are duly registered at birth. The Committee also recommends
that the State party make the birth registration procedure less costly and more
accessible.

Corporal punishment

33. While the Committee notes that corporal punishment
has been formally banned in schools (April 2001) as a matter of policy, it is
deeply concerned that this form of punishment continues to be practised in
schools, as well as in the juvenile justice system, in the family and in care
institutions, with resulting cases of permanent injury and even death.

34. The Committee
recommends that the State party take legislative measures to prohibit all forms
of physical and mental violence, including corporal punishment, in the juvenile
justice system, in schools and care institutions, and in the family. The
Committee also recommends that the State party monitor the ban on corporal
punishment in schools. The Committee encourages the State party to reinforce its
public awareness campaigns to promote positive, participatory, non-violent forms
of discipline as an alternative to corporal punishment at all levels of
society.

Torture and inhuman or degrading treatment or
punishment

35. The Committee is concerned about the incidence of
police brutality, particularly against street children, 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.

36. The Committee
strongly recommends that all appropriate measures be taken to implement fully
the provisions of articles 37 (a) and 39 of the Convention. In this regard, the
Committee recommends that greater efforts be made to prevent all forms of
torture and inhuman or degrading treatment by the police and facilitate the
recovery of child victims through, inter
alia, rehabilitation and reintegration.
Additionally, it is recommended that the State party effectively investigate
these cases and ensure that perpetrators of such brutality against children are
brought to justice.

5. Family environment and alternative
care

Protection of children deprived of a family
environment

37. The Committee expresses concern at the increasing
number of children deprived of a family environment and at the absence of a
distinction between children in need of special protection and child offenders
in legal proceedings. Concern is also expressed at the inadequate facilities and
services for children in need of special protection, as well as at the State
practice of placing such children in juvenile remand facilities or police
stations, which are considered places of safety. The Committee also notes with
concern the absence of an independent complaint mechanism for children in
alternative care institutions, the inadequate review of their placement in
institutions and the lack of trained personnel in this field. Concern is also
expressed at the insufficient financial and human resources allocated for
alternative care.

38. 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 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 take effective
measures to ensure that children in need of care are not kept in juvenile remand
facilities or police stations and encourages the efforts to make procedural and
substantive distinction between children in need of special protection and child
offenders.

Adoptions and foster care

39. While noting that the Adoption Act (Laws of Kenya,
chap. 143) provides for the regulation of adoption (domestic and intercountry),
the Committee expresses concern that informal adoptions are more widely accepted
and practised within the State party. While the Committee notes that "informal
foster care" takes place within the extended family system, it is concerned that
the State party has not established an effective foster care programme.

40. In light of article
21 of the Convention, the Committee recommends that the State party strengthen
administrative procedures for formal domestic adoptions to prevent abuse of the
practice of private and informal adoption and guarantee the protection of the
rights of children. In the 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 accede to the 1993 Hague
Convention on the Protection of Children and Cooperation in Respect of
Intercountry Adoption.

Abuse/neglect/abandonment/maltreatment/violence

41. The Committee is concerned about the high and
increasing incidence of physical and sexual abuse of children, including in
schools and care institutions. Concern is also expressed about 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 for programmes to combat abuse of children.

42. In the 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
attitudes. The Committee encourages the State party to consider introducing an
effective reporting system for child abuse cases, including sexual abuse of
children. It also recommends that cases of domestic violence, ill-treatment and
abuse of children be properly investigated in a child-sensitive judicial
procedure and sanctions applied to 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
and of perpetrators. Efforts should also be made to prevent the criminalization
and stigmatization of children who are victims of abuse. The Committee
recommends that the State party seek technical assistance from, inter alia, UNICEF, WHO and
UNDP.

6. Basic health and
welfare

Right to health and access to health services

43. The Committee notes the efforts of the State party
to improve health care for children through, inter alia, the Health Policy
Framework, the Expanded Programme on Immunization, and the National Plan of
Action for Nutrition. However, the Committee is concerned about the insufficient
numbers of trained medical personnel; the high maternal, infant, and under-five
mortality rates; the high rate of malnutrition; the increasing incidence of
HIV/AIDS; the high incidence of malaria and acute respiratory infections; and
poor sanitation and limited access to safe drinking water, especially in rural
areas. It is also noted with concern that the State party's cost-sharing policy
has limited access to basic health care, especially for poor families.

44. The Committee
recommends that the State party allocate appropriate resources to reinforce its
policies and programmes to reduce the high rate of malnutrition and improve
health care for children. Additionally, the State party should take all
effective measures to increase the numbers of trained medical and other health
personnel, including traditional healers; facilitate cooperation between trained
medical personnel and traditional healers, especially midwives; reduce the
incidence of maternal, infant and under-five mortality; prevent and combat
malnutrition; increase access to safe drinking water; improve sanitation; and
reduce the incidence of malaria and acute respiratory infections. Additionally,
the State party should take effective measures to facilitate greater access to
health services by, inter alia, abolishing or rationalizing cost sharing in primary health
care to reduce the burden on poor families. The Committee encourages the State
party to seek technical cooperation for the Integrated Management of Childhood
Illnesses and for other measures for child health improvement from,
inter alia,
WHO and UNICEF.

Adolescent health

45. 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 early marriage and pregnancy,
HIV/AIDS and sexually transmitted diseases (STDs), abortion, violence, suicide,
mental health, and alcohol and substance abuse. The Committee is also concerned
at the increasing number of orphans due to HIV/AIDS and at the decrease in
expenditure for HIV/AIDS control.

46. 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 to assess the extent 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, inter alia, UNICEF and
WHO.

Female genital mutilation

47. The Committee is deeply concerned that female
genital mutilation is not prohibited by law and is still widely practised in the
State party. Concern is also expressed about the persistent practice of other
harmful traditional practices, including early and forced marriages.

48. The Committee
recommends that the State party take legislative and awareness-raising measures
to prohibit and eradicate the practice of female genital mutilation and other
traditional practices harmful to the health, survival and development of
children, boys as well as girls. The Committee urges the State party to
introduce sensitization programmes for practitioners and the general public to
change traditional attitudes and discourage harmful practices.

Children with disabilities

49. The Committee welcomes the establishment of a
National Fund for the Disabled but is concerned about the inadequate legal
protection and the insufficient policies, facilities and services for children
with disabilities. Concern is also expressed at the limited number of teachers
trained to work with children with disabilities, as well as at the insufficient
efforts made to facilitate the inclusion of such children in the educational
system and generally in society. The Committee also notes with concern the
inadequate resources allocated to special education programmes for children with
disabilities.

50. In the light of the
Standard Rules on the Equalization of Opportunities for Persons with
Disabilities (General Assembly resolution 48/96) and the recommendations adopted
by the Committee at its day of general discussion on the rights of children with
disabilities (CRC/C/69, para. 338), it is recommended that the State
party:

(a) Take effective measures to collect adequate
statistical data on children with disabilities and to ensure the use of such
data for the prevention of disabilities, and in the development of policies and
programmes for these children;

(b) Reinforce its efforts to develop early detection
programmes to prevent disabilities;

(c) Implement alternatives to the institutionalization
of children with disabilities;

(d) Establish special education programmes for them
and where feasible, include them in the regular school system;

(e) Undertake awareness raising campaigns to sensitize
the public about the rights and special needs of children with disabilities and
children with mental health concerns;

(f) Increase the resources (financial and human)
allocated to special education and enhance the support given to the families of
children with disabilities;

(g) Seek technical cooperation for the training of
professional staff, including teachers, working with and for children with
disabilities, from, inter alia, WHO.

Right to an adequate standard of living

51. The Committee is concerned about widespread
poverty and the increasingly high numbers of children in the State party who do
not enjoy the right to an adequate standard of living, including children
belonging to poor families, AIDS orphans, street children, internally displaced
children, children of ethnic minorities and children living in remote rural
communities.

52. 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 Eradication Plan, the Poverty Reduction Strategy
and all other programmes intended to improve the standard of living in the
country. In this regard, the Committee encourages the State party to coordinate
its efforts with civil society and local communities.

7. Education, leisure and cultural
activities

Right to and aims of education

53. While the Committee notes that the Education Act
is currently under review, it is concerned that the law does not fully guarantee
the right to education. The Committee expresses concern about the non-increase
(in percentage) of the budget for education and about the introduction of
cost-sharing in education which further limits access to education, especially
for girls, children from economically disadvantaged families and those living in
remote rural communities. Concern is also expressed regarding low enrolment and
high drop-out and repetition rates; insufficient numbers of trained teachers;
insufficient schools and classrooms; and the lack of relevant learning material.
In the light of article 29.1 of the Convention, the Committee is also concerned
about the quality of education in the State party. The Committee notes with
regret the reported incidents of sexual abuse and exploitation of children in
the school environment.

54. The Committee urges
the State party to take legal and other measures to guarantee the right to
education for all children in its territory, in particular free and compulsory
primary education. The Committee recommends that the State party take effective
measures, including the allocation and distribution of adequate financial, human
and technical resources, to enhance the quality of education, to decrease the
repetition and drop-out rates, and to 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
cost-sharing in primary education and rationalizing it in secondary and tertiary
education. The State party should pay particular attention to the quality of
education, in the light of article 29.1 and the Committee's General Comment on
the aims of education. The Committee strongly encourages the State party to take
effective measures to protect children, especially girls, against sexual abuse
and violence in the school environment and to facilitate care and 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, unaccompanied and internally
displaced children

55. The Committee recognizes the efforts of the State
party, in cooperation with the Office of the United Nations High Commissioner
for Refugees (UNHCR), to accommodate refugees, including unaccompanied minors.
However, the Committee remains concerned about the inadequate standards,
procedures and policies to guarantee and protect the rights of refugee,
asylum-seeking and unaccompanied children, including their access to adequate
education, health and other social services. Concern is also expressed regarding
the prevalence of sexual abuse and violence against girls in and around refugee
camps. The Committee notes the establishment of the Presidential Commission on
Ethnic Clashes (1998) to investigate the causes of ethnic clashes in various
regions of the State party in 1992, 1997, and 1998, as well as the actions taken
by officials, including the police, during the clashes. However, the Committee
is concerned that insufficient efforts have been made to ensure the resettlement
of families who were displaced during these clashes and continue to live in
camps. Finally, the Committee is concerned at the decrease in the funds provided
by UNHCR, which has a negative impact on the rights of child refugees, such as
the right to food.

56. The Committee
recommends that the State party take effective legal and other measures to
ensure adequate protection of refugee, asylum-seeking and unaccompanied
children, especially girls, and to implement further policies and programmes to
guarantee their adequate access to health, education and social services. The
Committee further recommends that the State party review its standards and
procedures in the asylum process to ensure consistency with international
standards and to introduce special procedures for refugee children, especially
those separated from their families. The Committee urges the State party to
reinforce its resettlement programme to provide lasting relief for internally
displaced families and guarantee their rights to adequate housing, education,
health and social services. The Committee encourages the State party to
undertake efforts to reinforce its cooperation with UNHCR.

Street children

57. The Committee expresses grave concern at the high
and increasing numbers of street children. In particular, the Committee notes
their limited access to health, education and other social services, as well as
their vulnerability to police brutality, sexual abuse and exploitation, economic
exploitation and other forms of exploitation

58. The Committee
recommends that the State party:

(a) Take all effective measures to ensure that street
children are provided with a suitable programme of assistance, with adequate
nutrition, clothing, housing, health care and educational opportunities,
including vocational and life-skills training, in order to support their full
development;

(b) Ensure that these children are provided with:
preventive and rehabilitative services with respect to physical, sexual and
substance abuse; protection from police brutality; services for reconciliation
with their families; and education on their rights;

(c) Consider establishing a comprehensive strategy to
address the high and increasing numbers of street children, with the aim of
preventing and reducing this phenomenon.

Economic exploitation

59. The Committee notes with appreciation that the
State party has signed a memorandum of understanding with ILO and that various
ILO/International Programme on the Elimination of Child Labour (IPEC) programmes
to prevent and combat child labour are being carried out. The Committee also
welcomes the establishment of a National Steering Committee on child labour.
Nevertheless, and in the light of the current economic situation, the increasing
number of school drop-outs and the increasing number of street children, 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 in the State party. The Committee notes also with concern
that notwithstanding various legal provisions there is no firm minimum age for
admission to employment and that child labour is still prevalent in the State
party.

60. 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.
The Committee urges the State party to establish a clear legal minimum age for
employment, in particular for those working in the agricultural sector. The
Committee encourages the State party to further develop and strengthen the
collaboration with ILO/IPEC.

Sexual exploitation and sexual abuse

61. The Committee notes that the State party
participated in the World Congress against Commercial Sexual Exploitation, held
in Stockholm in 1996, and subsequently established a National Plan of Action to
prevent and combat the commercial sexual exploitation of children. However, the
Committee is concerned about the large and increasing number of child victims of
commercial sexual exploitation, including prostitution and pornography,
especially among those engaged in domestic labour and street children. Concern
is also expressed at the insufficient programmes for the physical and
psychological recovery and social reintegration of children who are the victims
of such abuse and exploitation.

62. In the light of
article 34 and related articles of the Convention, the Committee recommends that
the State party undertake studies with a view to assessing the scope of
commercial sexual exploitation of children, including prostitution, child sex
tourism and child pornography, and implementing appropriate preventive and
rehabilitative policies and programmes for child victims. The Committee
recommends that the State party reinforce its efforts in implementing the
National Plan of Action formulated in accordance with the Declaration and the
Agenda for Action adopted by the World Congress against Commercial Sexual
Exploitation of Children at Stockholm in 1996.

Administration of juvenile justice

63. The Committee notes with concern that the juvenile
justice system does not cover the entire country and that there is only one
juvenile court in the State party. While acknowledging the State party's efforts
to implement a Diversion Programme for children in conflict with the law, the
Committee also expresses its concern about the quality of the juvenile justice
system generally.

64. The Committee
recommends that the State party:

(a) Take all appropriate measures, including the
enactment of the Children Bill, to implement a juvenile justice system in
conformity with the Convention, in particular articles 37, 39 and 40, and of
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 (institutionalization)
only as a measure of last resort and for the shortest possible time and, in that
regard, implement the Diversion Programme fully and with the widest scope
possible, as an alternative to deprivation of liberty;

(c) Ensure that children remain in contact with their
families while in the juvenile justice system;

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

(e) Abolish the use of corporal punishment in the
juvenile justice system;

(f) Improve the conditions in detention
facilities;

(g) Strengthen reparation, rehabilitation and
reintegration programmes;

(h) Ensure that cases involving children in need of
care and protection are not treated as criminal cases; and

(i) Consider seeking technical assistance from,
inter alia,
the Office of the High Commissioner for Human Rights, the Centre for
International Crime Prevention, the International Network on Juvenile Justice
and UNICEF, through the Co-ordination Panel on Technical Advice in Juvenile
Justice.

9. Optional Protocols to the Convention on the Rights
of the Child and amendment to article 43.2 of the Convention

65. The Committee notes that the State party has not
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, nor has it formally accepted the
amendment to article 43.2 of the Convention to allow for the expansion of the
Committee from 10 to 18 members.

66. The Committee
encourages the State party to ratify the two Optional Protocols to the
Convention on the Rights of the Child, and to accept the amendment to article
43.2 of the Convention.

10. Dissemination of documents from
the reporting process

67. Finally, the
Committee recommends that, in the 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 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.

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Office of the United
Nations High Commissioner for Human Rights
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