Distr.

GENERAL

CRC/C/15/Add.164
6 November 2001

Original: ENGLISH

Concluding observations of the
Committee on the Rights of the Child : Cameroon.
06/11/2001.

CRC/C/15/Add.164.
(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: Cameroon

1. The Committee considered the initial report of
Cameroon (CRC/C/28/Add.16), received on 4 April 2000, at its 737th and 738th
meetings (see CRC/C/SR.737-738), held on 4 October 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 State
party's initial report, which followed the established guidelines. The Committee
also takes note of the timely submission of the written replies to its list of
issues (CRC/C/Q/CAM/1), which allowed for a clearer understanding of the
situation of children in the State party. The Committee also notes the
constructive, open and frank dialogue it had with the delegation of the State
party. 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 welcomes the adoption of:

(a) The Act on Education Guidelines (Act
98/004);

(b) The Act containing the Health Framework Law (Act
96/03);

(c) The Act on the Control of Narcotic Drugs,
Psychotropic Substances and Precursors and on Extradition and Judicial
Assistance in connection with Trafficking in Children, Psychotropic Substances
and Precursors (Act 97/019);

(d) The Finance Act 2000/08 incorporating the
principle of free primary education at public schools;

(e) The Decree providing for the Organization and
Operation of Early Childhood Facilities (2001/110/PM).

4. The Committee also welcomes the ratification of ILO
Convention No. 138 concerning Minimum Age for Admission to Employment by a
decree of 17 April 2001.

5. The Committee welcomes the establishment, in 1998,
of the Children's Parliament.

6. The Committee notes with satisfaction that the
State party is party to all six United Nations human rights treaties and the
African Charter on the Rights and Welfare of the Child.

7. The Committee appreciates the actions undertaken by
the State party to ameliorate the situation of refugee children.

C. Factors and difficulties
impeding the implementation of the Convention

8. 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, the fact that the State party is composed of 230
ethnic tribes with different languages, the legal dual system (civil and common
law), the coexistence of customary law and statutory law, traditional practices
not conducive to children's rights and the high rate of illiteracy affect the
full implementation of the Convention. The remoteness and inaccessibility of
some areas, as well the disparity in their development, also affect the full
implementation of the Convention.

D. Principal subjects of concern and
recommendations

D.1. General measures of
implementation

Legislation

9. The Committee notes the process begun by the State
party to harmonize existing legislation with the Convention, but it remains
concerned that the domestic legislation, including customary law, is very
fragmented and partly unsuitable, outdated and not in conformity with the
Convention, and at the continued existence of customs and traditions which
impede children fully enjoying their rights.

10. The Committee
encourages the State party to take all necessary measures to ensure that its
domestic legislation conforms fully to the principles and provisions of the
Convention on the Rights of the Child. In that respect, the Committee recommends
that the State party:

(a) Take steps, using a rights-based approach, to
harmonize existing legislation, including customary law, with the
Convention;

(b) Consider the adoption of a comprehensive
children's code, reflecting the general principles of the Convention on the
Rights of the Child;

(c) Adopt a comprehensive family code.

Coordination

11. While the Committee notes that the Ministry of
Social Affairs, and more particularly its Departments for the Well-being of
Families and Children and for Solidarity, is in charge of the coordination of
governmental action on questions relating to children, it is concerned at the
lack of an inter-institutional mechanism responsible for coordination at the
national level, and particularly at the local level, of the promotion and
implementation of the Convention. It is also concerned that there is no
comprehensive strategy for the implementation of the various plans of action
relevant to the rights of children.

12. The Committee
recommends that the State party take all necessary measures to allocate
principal responsibility for coordinating implementation of the Convention to a
single body or mechanism. For this purpose, the Committee also recommends that
adequate human and financial resources be allocated and appropriate measures be
taken to include NGOs.

Independent/monitoring structures

13. The Committee takes note of Decree No. 90/1549 of
8 November 1990 establishing a National Committee on Human Rights and Freedoms.
However, the Committee is concerned at the lack of an independent mechanism to
monitor and evaluate effectively progress in the implementation of the
Convention, and empowered to receive and address complaints.

14. The Committee
recommends that the State party:

(a) Consider establishing an independent national
human rights institution in accordance with the Paris Principles relating to the status of
national institutions (General Assembly resolution 48/134, annex), to monitor
and evaluate progress in the implementation of the Convention at the national
and local levels. This institution should be accessible to children and be
empowered to receive and investigate complaints of violations of child rights in
a child-sensitive manner and to address them effectively;

(b) Continue efforts to develop good governance
strategy and to combat corruption, especially in the social sector;

(c) Seek technical assistance from, inter alia, the Office of the
High Commissioner for Human Rights and UNICEF.

Resources for children

15. While noting the State party's priority of
increasing the budget allocated to education, the Committee expresses its
concern at the decrease in government spending and its adverse impact on the
funding of social services for children in particular. The Committee is also
concerned that insufficient attention has been paid to article 4 of the
Convention regarding the implementation to the "maximum extent of ... available
resources" of economic, social and cultural rights of children.

16. While recognizing
the difficult economic conditions, the Committee recommends that the State
party:

(a) Make every effort to increase the proportion of
the budget allocated to the realization of children's rights and, in this
context, to ensure the provision of appropriate human resources and to guarantee
that the implementation of policies relating to children are a priority;

(b) Develop ways to establish systematic assessment of
the impact of budgetary allocations on the implementation of children's rights,
and to collect and disseminate information in this regard.

Data collection

17. While welcoming the publication of the indicators
for children and women by the Department of Statistics and National Accounts,
the Committee is concerned at the lack of systematic and comprehensive
collection of disaggregated data for all areas covered by the Convention and in
relation to all groups of children in order to monitor and evaluate progress
achieved and assess the impact of policies adopted with respect to children.

18. The Committee
recommends that the State party:

(a) Develop a system of data collection and indicators
consistent with the Convention, disaggregated by gender, age, indigenous and
minority groups, and urban and rural areas. This system should cover all
children up to the age of 18 years, with specific emphasis on those who are
particularly vulnerable, including children victims of abuse, neglect or
ill-treatment; children with disabilities; children belonging to marginalized
groups, such as Pygmy, Bororos and Mafa children; and other children in need of
special protection (see D.8);

(b) Use these indicators and data for the formulation
and evaluation of policies and programmes for the effective implementation of
the Convention.

Cooperation with civil society

19. Taking note of the Act on Non-Governmental
Organizations (Act 99/014), the Committee is concerned that insufficient efforts
have been made to implement this legislation and to involve civil society in the
implementation of the Convention, particularly in the area of civil rights and
freedoms.

20. The Committee
recommends that the State party:

(a) Systematically involve communities and civil
society, including children's associations, throughout all stages of the
implementation of the Convention, including legislation procedure and
formulation of policies and programmes and including with respect to civil
rights and freedoms;

(b) Ensure that legislation regulating NGOs is fully
implemented.

Dissemination of training on the Convention

21. While aware of the measures undertaken to promote
widespread awareness of the principles and provisions of the Convention (e.g.
through radio programmes, seminars and workshops), the Committee is of the
opinion that these measures need to be strengthened and systematized. In this
respect, the Committee is concerned at the lack of a systematic plan to
introduce training and awareness among professional groups working for and with
children.

22. The Committee
recommends that the State party:

(a) Strengthen its efforts to disseminate the
principles and provisions of the Convention as a measure to sensitize society
about children's rights through social mobilization;

(b) Translate the Convention into the major written
national languages to achieve its widespread dissemination;

(c) Systematically involve community leaders in its
programmes in order to fight against customs and traditions which impede the
implementation of the Convention, and adopt creative communication measures for
illiterate people;

(d) Provide systematic education and training on the
provisions of the Convention for all professional groups working for and with
children, in particular parliamentarians, judges, lawyers, law enforcement
officials, civil servants, municipal and local workers, personnel working in
institutions and places of detention for children, teachers, health personnel,
including psychologists, and social workers;

(e) Strengthen the focus on children's rights in the
educational and advocacy role of the National Committee for Human Rights and
Freedoms;

(f) Introduce human rights education, including the
rights of the child, into the school curricula;

(g) Seek technical assistance from, inter alia, the Office of the
High Commissioner for Human Rights and UNICEF.

D.2. Definition of the
Child

23. The Committee is concerned at the difference
between the minimum legal ages for marriage of boys (18 years) and that of girls
(15 years), which is gender discriminatory and allows for the practice of early
marriage, which is still widespread. The Committee is further concerned that the
minimum and upper age limits have not been set for compulsory education, that a
child below the age of 18 years may be recruited into the armed forces with
parental consent and at the lack of a minimum age for medical counselling
without parental consent.

24. The Committee
recommends that the State party:

(a) Raise the minimum age for marriage to 18 for both
boys and girls; and develop sensitization programmes involving community leaders
and society at large, including children themselves, to curb the practice of
early marriage;

(b) Set a minimum and upper age limit for compulsory
education;

(c) Set a minimum age of 18 years for recruitment into
the armed forces, without any possibility of recruitment below that age, even
with parental consent;

(d) Set a minimum age for medical counselling without
parental consent, to make access to health services possible for
adolescents.

D.3. General principles

Non-discrimination

25. While noting that discrimination is prohibited
under the Constitution and noting that the State party has recently taken
measures to increase the enrolment in schools of girls in priority education
zones, the Committee is concerned at the persistence of discrimination in the
State party. In particular, the Committee is concerned at the disparities in the
enjoyment of rights experienced by children belonging to the most vulnerable
groups (e.g. girls, children with disabilities, children born out of wedlock;
children from rural areas, least developed provinces (Far-North, North and
Adamawa); Pygmy children and children from other marginalized population
groups.

26. The Committee
recommends that the State party:

(a) Make greater efforts to ensure that all children
within its jurisdiction enjoy all the rights set out in the Convention without
discrimination, in accordance with article 2;

(b) Prioritize and target social services to children
belonging to the marginalized and most vulnerable groups.

27. 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, taking account of General
Comment No. 1 on article 29.1 of the Convention (aims of education).

The right to life, survival and development

28. The Committee is deeply concerned at the living
conditions of children detained in jails and prisons, which are so deplorable
that they endanger their life.

29. The Committee
recommends that the State party take all necessary measures to ensure that
detained children are provided access to health and education services and with
food, and that the conditions meet the needs of the children and are compatible
with the rights under the Convention.

Respect for the views of the child

30. While noting that the much appreciated Children's
Parliament serves as a forum for children to express their views, the Committee
is concerned that respect for the views of the child remains limited within the
family, in schools, in the courts and before administrative authorities and in
the society at large owing to traditional attitudes.

31. The Committee
encourages the State party to pursue its efforts to:

(a) Promote and facilitate within the family, in
schools, in the courts, including customary courts, and in administrative bodies
respect for the views of children and their participation in all matters
affecting them, in accordance with their age and maturity, in the light of
article 12 of the Convention;

(b) Provide educational information to,
inter alia,
parents, teachers, government administrative officials, the judiciary,
traditional leaders and society at large on children's right to participate and
to have their views taken into consideration;

(c) Establish municipal councils for children.

D.4. Civil rights and
freedoms

Birth registration

32. While taking note of Ordinance No. 81/2 of 29 June
1981 which makes it an obligation to declare a birth to the registry official at
the place of birth, and the designation of special registration officers, the
Committee remains concerned at the large numbers of children whose birth is not
being registered.

33. In the light of
article 7 of the Convention, the Committee urges the State party to increase its
efforts to ensure the registration of all children at birth, including through
awareness-raising campaigns, and to consider introducing mobile registration
units.

Torture and ill-treatment

34. Further to the report of the Special Rapporteur on
torture and other cruel, inhuman or degrading treatment or punishment on his
visit to Cameroon (E/CN.4/2000/9/Add.2) and in line with the concluding
observations of the Committee against Torture (A/56/44, paras. 60-66) and of the
Human Rights Committee (A/55/40, paras. 184-227),
the Committee is deeply concerned that children
are victims of cruel, inhuman or degrading treatment, sometimes constituting
torture, committed notably at police stations, in detention places and in
prisons. The Committee is also very concerned at some instances of forced
disappearance and extrajudicial execution of children.

35. In the light of the
recommendations of the Committee against Torture (CAT/C/XXV/Concl.5 of 6
December 2000) and of the Human Rights Committee (CCPR/C/79/Add.116 of 4
November 1999), the Committee recommends that the State party:

(a) Address the causes and incidence of torture and
cruel, inhuman or degrading treatment of children, in order to end and prevent
these violations of children's rights;

(b) Establish an independent mechanism to investigate
reports of torture, forced disappearance and extrajudicial execution of children
and to bring to justice the persons responsible;

(c) Adopt legislative measures for the fullest
compensation and rehabilitation of child victims of torture;

(d) Establish accessible and child-sensitive
structures for complaints of children; and

(e) Systematically train the police force, prison
staff and the judiciary on the human rights of children.

D.5. Family environment and
alternative care

Recovery of children's maintenance allowance

36. While domestic legislation includes provisions for
the payment of a maintenance allowance in the case of divorce or judicial
separation, the Committee is concerned at the lack of implementation of these
provisions, due mainly to widespread ignorance of the law, and at the lack of
legal provisions regarding maintenance for children born out of wedlock.

37. The Committee
recommends that the State party:

(a) Make widely known, notably to women who are
illiterate, the provisions of domestic legislation concerning the payment of a
maintenance allowance;

(b) Ensure that professional groups dealing with this
issue are adequately trained and that courts are stricter regarding the recovery
of allowances from solvent parents who refuse to pay;

(c) Take measures to ensure as far as possible the
maintenance of children born out of wedlock by their parents, particularly their
fathers.

Children deprived of their family environment

38. The Committee is very concerned that current
facilities available for the alternative care of children deprived of their
family environment are insufficient and that many children do not have access to
such assistance. In addition, the Committee expresses concern at the lack of
appropriate training of staff and of a clear policy regarding the review of
placements of children in alternative care. The Committee is also concerned that
there is no legislative structure for the protection of the best interests of
the child in cases of intercountry adoption.

39. The Committee
recommends that the State party:

(a) Urgently adopt a programme to strengthen and
increase alternative care opportunities for children, inter alia through the
reinforcement of existing structures, the improved training of staff and the
allocation of increased resources to relevant bodies;

(b) Provide for regular periodic review of the
placement of children in institutions;

(c) Establish a formal procedure to guarantee the best
interests of the child in cases of intercountry adoption and consider ratifying
the 1993 Hague Convention on the Protection of Children and Cooperation in
Respect of Intercountry Adoption; and

(d) Seek assistance from UNICEF in this regard.

Protection from abuse and neglect

40. While noting that child abuse is a crime under
article 350 of the Penal Code, and that a national study on violence and abuse
against children has been launched by the Ministry of Social Affairs, the
Committee is deeply concerned at the very high incidence of abuse within family
and in schools in the State party and at the lack of statistical data in this
regard.

41. The Committee
recommends that the State party:

(a) Complete as soon as possible the study on violence
at home and in schools undertaken by the Ministry of Social Affairs, and assess
the scope, nature and causes of such violence, in order to adopt effective
measures and policies, in conformity with article 19 of the Convention, and to
contribute to changing attitudes;

(b) Properly investigate cases of domestic violence
and violence in schools through a child-sensitive judicial procedure, and that
sanctions be applied to perpetrators, due regard being given to guaranteeing the
right to privacy of the child;

(c) Give appropriate weight to children's views in
legal proceedings, provide support services to child witnesses in legal
proceedings, and services for physical and psychological recovery and social
reintegration of the victims of rape, abuse, neglect, ill-treatment, violence or
exploitation, in accordance with article 39 of the Convention; and take measures
to prevent the criminalization and stigmatization of victims;

(d) Seek technical assistance from, inter alia, UNICEF.

D.6. Basic health and
welfare

42. While taking note of the adoption of several
national programmes relating to child survival, and the establishment of a
sub-department for family health within the Ministry of Public Health, the
Committee is deeply concerned at the high and increasing infant and under-five
mortality rates and low life expectancy in the State party. The Committee also
remains concerned that health services in the districts and local areas continue
to lack adequate resources (both financial and human). In addition, the
Committee is concerned that the survival and development of children in the
State party continue to be threatened by early childhood diseases, such as acute
respiratory infections and diarrhoea, and by chronic malnutrition. Concern is
also expressed at the poor state of sanitation and at the insufficient access to
safe drinking water, especially in rural communities.

43. The Committee
recommends that the State party:

(a) Reinforce its efforts to allocate appropriate
resources and develop and implement comprehensive policies and programmes to
improve the health situation of children, particularly in rural areas;

(b) Facilitate greater access to primary health-care
services; reduce the incidence of maternal, child and infant mortality; prevent
and combat malnutrition, especially among vulnerable and disadvantaged groups of
children; promote proper breastfeeding practices; and increase access to safe
drinking water and sanitation;

(c) Pursue additional avenues for cooperation and
assistance for child health improvement with, inter alia, WHO and
UNICEF.

Adolescent health

44. The Committee is concerned that insufficient
attention has been given to adolescent health issues, including developmental,
mental and reproductive health concerns, and substance abuse. The Committee is
also concerned at the particular situation of girls, given, for instance, the
very high percentage of early marriages, which can have a negative impact on
their health.

45. The Committee
recommends that the State party:

(a) Undertake a comprehensive study to assess the
nature and extent of adolescent health problems, with the full participation of
adolescents, and use this study as a basis for the formulation of adolescent
health policies and programmes, paying particular attention to adolescent
girls;

(b) Strengthen mental health and adolescent-sensitive
counselling services and make them accessible to adolescents.

HIV/AIDS

46. While noting the existence of a national AIDS
prevention programme and the efforts of the State party in that respect (e.g.
agreement with pharmaceutical companies to ensure cheap access to AIDS drugs),
the Committee remains extremely concerned at the high and increasing prevalence
of HIV/AIDS among adults and children, and the resulting number of children
orphaned by HIV/AIDS. In this regard, the Committee is concerned at the lack of
alternative care for these children.

47. The Committee
recommends that the State party:

(a) Increase its efforts to prevent the spread of
HIV/AIDS and take into consideration the recommendations the Committee adopted
on its day of general discussion on children living in a world with HIV/AIDS
(CRC/C/80, para. 243);

(b) Urgently consider ways of minimizing the impact on
children of the HIV/AIDS-related deaths of parents, teachers and others, in
terms of children's reduced access to a family life, to adoption, to emotional
care and education;

(c) Involve children in formulating and implementing
preventive policies and programmes;

(d) Seek further technical assistance from,
inter alia,
UNAIDS.

Traditional harmful practices

48. While noting that the prevalence of female genital
mutilation is not as high in the State party as in other countries of the
region, the Committee is concerned at the use of this practice in the State
party and at the lack of legal prohibition or national strategy of prevention of
this practice.

49. The Committee urges
the State party to adopt legislation prohibiting the practice of female genital
mutilation and to implement programmes to sensitize the population about the
harmful effects of this practice. The Committee recommends that the State party
take advantage of the efforts in this regard made by other States in the
region.

Children with disabilities

50. Noting the current efforts by the State party
(notably Act No. 83/013 of 21 July 1983 on the Protection of Disabled Persons
and the Establishment of a Sub-Department for the Protection of Disabled Persons
within the Ministry of Social Affairs), the Committee is concerned at the lack
of statistical data on children with disabilities in the State party, 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.

51. The Committee
recommends that the State party:

(a) Ensure the use of adequate and comprehensive data
in the development of policies and programmes for children with
disabilities;

(b) Review the situation of these children in terms of
their access to suitable health care, education services and employment
opportunities;

(c) 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);

(d) Allocate adequate resources to strengthen services
for children with disabilities, to support their families and for training of
professionals in the field;

(e) Strengthen policies and programmes of inclusion in
regular education, train teachers and make schools accessible;

(f) Carry out genetic and other studies to assess the
causes of disabilities in the State party;

(g) Sensitize the population to the human rights of
children with disabilities;

(h) Seek assistance from, inter alia, UNICEF and
WHO.

Standard of living

52. The Committee notes the challenging socio-economic
situation and the comprehensive debt reduction package recently agreed under the
International Monetary Fund/World Bank enhanced heavily indebted poor countries
initiative. However,
it is concerned about the increasingly high number of children who do not enjoy
their right to an adequate standard of living, including children belonging to
poor families, AIDS orphans, street children, children living in remote rural
and other under-developed areas, and children belonging to marginalized groups
of the population. In addition, while taking note of the State party's intention
to improve the coverage of the social security system, it joins the State party
in expressing concern at the limited access to such assistance, and the need to
reform the social security system.

53. In accordance with
article 27 of the Convention, the Committee recommends that the State
party:

(a) 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;

(b) Pay particular attention to the rights and needs
of children in the Poverty Reduction Strategy Paper and in all programmes
intended to improve the standard of living in the country;

(c) Cooperate and coordinate its efforts with civil
society and local communities;

(d) Reform the social security system, with a view to
broadening its coverage after completion of the studies undertaken by the State
party to this end.

D.7. Education, leisure and
cultural activities

54. While noting the adoption of the Act on Education
Guidelines (Act No. 98/004) and the Finance Act 2000/08, the Committee remains
deeply concerned that primary education is not yet entirely free to all in the
State party. The
Committee is also concerned at the low education levels among children in the
State party, gender, rural/urban and regional disparities in school attendance,
the limited access of children with disabilities to formal or vocational
educational opportunities, the number of children who are several years behind
in their primary education, the high drop-out rate from school, the large number
of children per classroom and the decline in the number of primary-school
teachers due to the freeze on their recruitment. The Committee is also concerned
at the very high prevalence of violence against, and sexual abuse of children in
schools.

55. The Committee
recommends that the State party:

(a) Urgently implement the Finance Act 2000/08 to make
primary education free to all and in addition provide financial assistance for
the costs of transportation, when needed, uniforms and other school materials
for poor families;

(b) Raise the level of educational achievement among
children through, inter alia, effectively decreasing the drop-out rate, increasing the
number of classrooms and teachers, providing initial and ongoing training of
teachers and school inspectors, developing standard national textbooks and
increasing the rates of enrolment;

(c) Ensure that children with disabilities have access
to formal and vocational educational opportunities and that girls and boys, as
well as children from urban, rural and least developed areas, and from
marginalized groups of the population have equal access to educational
opportunities;

(d) Pursue its efforts to include "education for peace
and tolerance", children's rights and other human rights subjects in the
curricula of primary and secondary schools;

(e) Address education to the aims mentioned in article
29.1 of the Convention and the Committee's General Comment on the aims of
education;

(f) Monitor and enforce the ban of corporal punishment
in schools and train teachers in regard to alternative measures of
discipline;

(g) Take measures against teachers who are violent and
abusive towards students;

(h) Establish child-sensitive structures for children
to make complaints;

(i) Take measures to prevent bullying and sexual abuse
of students by other students;

(j) Pursue efforts for special projects of education
for children belonging to marginalized groups like the Pygmies;

(k) Encourage participation of children at all levels
of school life;

(l) Seek assistance from UNICEF and UNESCO.

D.8. Special protection
measures

Refugee, asylum-seeking and unaccompanied
children

56. The Committee, while acknowledging the efforts
made to ameliorate the situation of child refugees, is concerned about the
inadequate standards, procedures, policies and programmes to guarantee and
protect the rights of refugee, asylum-seeking and unaccompanied children,
including their registration, adequate education and other social
services.

57. The Committee
recommends that the State party:

(a) Establish a national system for determining the
status of asylum-seekers, and integrate the rights of refugees into its domestic
law;

(b) Urgently set up a system for the registration of
refugee children;

(c) Consider ratifying the 1954 and 1961 Conventions
on statelessness;

(d) Continue and expand its cooperation with
international agencies such as, UNHCR and UNICEF.

Economic exploitation, including child labour

58. While noting the recent ratification by the State
party (August 2001) of ILO Convention No. 138 concerning Minimum Age for
Admission to Employment, the Committee is deeply concerned that child labour in
the State party is extremely widespread and that children may be working long
hours at young ages, which has a negative effect on their development and school
attendance. The
Committee is also concerned at practices of forced labour among children
belonging to certain groups of the population, such as the Pygmies and the
Kirdi.

59. The Committee
recommends that the State party:

(a) Consider ratifying and implementing ILO Convention
No. 182 concerning the Prohibition and Immediate Action for the Elimination of
the Worst Forms of Child Labour;

(b) Adopt and implement the national plan of action to
combat child labour;

(c) Strengthen the implementation of the labour laws
and increase the number of labour inspectors;

(d) Continue to seek assistance from ILO with a view
to participating in the International Programme on the Elimination of Child
Labour (IPEC).

Sale, trafficking and abduction

60. The Committee is deeply concerned at the large
number of children being sold by their parents and subsequently exploited in the
labour market. The
Committee is also concerned at information on alleged instances of trafficking
in children for their exploitation in the State party and in neighbouring
countries. The Committee is further concerned at the possible use of
intercountry adoption for the purpose of trafficking.

61. The Committee
recommends that the State party:

(a) Take measures to prevent and combat the sale and
trafficking of children, including an awareness-raising campaign and educational
programmes, particularly for parents;

(b) Facilitate the reunification of child victims with
their families and provide adequate care and rehabilitation for them;

(c) Ratify the 1980 Hague Convention on the Civil
Aspects of International Child Abduction.

Street children

62. The Committee expresses its concern at the
increasing number of street children and at the lack of specific mechanisms to
address this situation and to provide these children with adequate
assistance.

63. The Committee
recommends that the State party:

(a) Ensure that street children are provided 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:
recovery and reintegration services for physical, sexual and substance abuse;
protection from police brutality; and services for reconciliation with their
families;

(c) Undertake a study on the causes and scope of this
phenomenon and develop a comprehensive strategy to address the high and
increasing numbers of street children, with the aim of preventing and reducing
this phenomenon.

Commercial sexual exploitation and pornography

64. The Committee is concerned about the increasing
number of child victims of commercial sexual exploitation, including
prostitution and pornography, especially among those engaged in child labour and
street children. Concern is also expressed at the insufficient programmes for
the physical and psychological recovery and social reintegration of children
victims of such abuse and exploitation.

65. 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 extent of the
commercial sexual exploitation of children, including for prostitution and
pornography, and implementing appropriate policies and programmes for its
prevention and for the rehabilitation and recovery of child victims, in
accordance with the Declaration and Agenda for Action adopted at the World
Congress against Commercial Sexual Exploitation of Children, held in Stockholm
in 1996.

Administration of juvenile justice

66. While recognizing the State party's efforts in
this domain, including legislation, decrees and ministerial circulars, the
Committee remains concerned at the limited progress achieved in establishing a
functioning juvenile justice system throughout the country. In particular, the Committee is
concerned at the absence of juvenile courts and juvenile judges, and the lack of
social workers and teachers to work in this field. In addition, the Committee is
deeply concerned at the poor conditions of detention, due notably to
overcrowding in detention and prison facilities, overuse and long periods of
pre-trial detention, the length of time before the hearing of juvenile cases,
the absence of assistance towards the rehabilitation and reintegration of
juveniles following judicial proceedings, and the sporadic training of judges,
prosecutors and prison staff. Noting that there are no criminal penalties for
children below the age of 14 years, the Committee is still concerned that the
minimum age for criminal responsibility is too low (10 years).

67. The Committee
recommends that the State party take additional steps to reform the system of
juvenile justice in the spirit of the Convention, in particular articles 37, 40
and 39, and other United Nations standards in the field of juvenile justice,
including the United Nations Standard Minimum Rules for the Administration of
Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the
Prevention of Juvenile Delinquency (the Riyadh Guidelines), the United Nations
Rules for the Protection of Juveniles Deprived of Their Liberty and the Vienna
Guidelines for Action on Children in the Criminal Justice System.

68. In addition, the
Committee recommends that the State party:

(a) Raise the age of criminal responsibility;

(b) Undertake all necessary measures to ensure the
establishment of juvenile courts and the appointment of trained juvenile judges
in all regions of the country;

(c) Consider deprivation of liberty only as a measure
of last resort and for the shortest possible period and limit by law the length
of pre-trial detention;

(d) Provide children with legal assistance at an early
stage of the proceedings;

(e) Protect the rights of children deprived of their
liberty and improve their conditions of detention and imprisonment, including
through addressing the problem of overcrowding in prisons and establishing
special prisons for children with conditions suited to their age and needs, and
in the meantime guarantee the separation of children from adults in prisons and
places of pre-trial detention throughout the country;

(f) Ensure that children in conflict with the law do
not receive the same sanctions as adults;

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

(h) Introduce regular medical examination of inmates
by independent medical staff;

(i) Establish an independent child-sensitive and
accessible system for complaints for children;

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

(k) Make every effort to establish a programme of
rehabilitation and reintegration of juveniles following judicial proceedings;
and

(l) Request technical assistance in the area of
juvenile justice and police training from, inter alia, the Office of the
High Commissioner for Human Rights, the United Nations Centre for International
Crime Prevention, the International Network on Juvenile Justice and UNICEF
through the United Nations Coordination Panel on Technical Advice and Assistance
on Juvenile Justice.

Minorities

69. The Committee is deeply concerned about the poor
situation of Pygmy children and children of similar marginalized groups, and at
the lack of respect for almost all of their rights, including the rights to
health care, to education, to survival and development, to enjoy their own
culture and to be protected from discrimination.
The Committee is also concerned at the
displacement of Pygmy families, including children, as a result of logging
policies.

70. The Committee urges
the State party urgently to gather additional information on the Pygmies and
other marginalized groups of the population, and to elaborate a plan of action
to protect their rights.

D.9. Optional Protocols to the
Convention on the Rights of the Child and

acceptance of the amendment to article 43.2 of the
Convention

71. 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.
The Committee welcomes the fact that the State
party has recently accepted the amendment to article 43.2 of the Convention on
the Rights of the Child concerning the expansion of the Committee from 10 to 18
members.

72. The Committee
encourages the State party to ratify and implement the two Optional Protocols to
the Convention on the Rights of the Child.

D.10. Dissemination of documents
from the reporting process

73. 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.

-----

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