Distr.

GENERAL

CRC/C/15/Add.131
28 June 2000

Original: ENGLISH

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

CRC/C/15/Add.131.
(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

DJIBOUTI

1. The Committee considered the report the
initial report of Djibouti (CRC/C/8/Add.39), submitted on 28 July 1998, at its
637th and 638th meetings, on 30 May 2000, and adopted at the 641st meeting, held
on 2 June 2000, the following concluding observations.

A. Introduction

2. The Committee notes that the structure of the
State party's report follows the Committee's
guidelines for the preparation of reports. The Committee regrets, however, that
the information provided is general and gives no thorough description of
relevant legislation, government policies and existing institutional structures,
or of the actual enforcement of laws and problems encountered in that regard.
There is a significant lack of statistical information, and no information
provided about the preparation of the report. The Committee takes note of the
additional information provided in the responses to the list of issues. The
Committee appreciates the frank and constructive dialogue with the one-person
delegation while regretting that the delegation could not cover all the areas
addressed by the Convention.

B. Positive aspects

3. The Committee notes the early ratification of
the Convention by the State party, and takes note also of its recent
ratification of the Convention on the Elimination of All Forms of Discrimination
against Women.

4. The Committee is encouraged by the adoption
of several initiatives with regard to children, including the establishment of
an inter-sectoral committee under the patronage of the Prime Minister to ensure
follow-up to the World Summit for Children and to prepare the report, as well as
the proclamation of 20 November as "National Day of the Child".

5. The Committee welcomes the recent amendment
to the Penal Code which has, under the provisions of its article 333, set severe
sanctions penalizing the practice of female genital mutilation.

C. Factors and difficulties impeding the implementation of
the Convention

6. The Committee takes note of the
problems which have hampered the implementation of the Convention in the State
party, in particular the regional conflicts which have led to a significant
influx of refugees, the impact of the civil war which ended in 1994, and the
continuing violence in the north of the country which has caused internal
displacements.

7. The Committee notes that Djibouti has not
ratified most of the international human rights treaties, which impedes the
development of a human rights culture that would facilitate the implementation
of the human rights of children.

8. Noting the universal values of equality and
tolerance inherent in Islam, the Committee observes that the contradictions that
can arise between a narrow interpretation of Islamic texts (and traditional law)
and the provisions of civil law can sometimes impede the enjoyment of certain
human rights protected under the Convention.

D. Principal areas of concern and
recommendations

1. General measures of implementation

Declaration upon ratification

9. The Committee is concerned that the broad and
imprecise nature of the general declaration made by the State party upon
ratification of the Convention, which amounts to a reservation, potentially
negates many of the Convention's provisions and raises concerns as to its
compatibility with the object and purpose of the Convention. The Committee
welcomes indications that the declaration may have been intended primarily to
address only the issue of the right of the child to freedom of religion and that
efforts will be made to review the situation.

10. In the
light of the Vienna Declaration and Programme of Action and bearing in mind the
provisions of article 27 of the Vienna Convention on the Law of Treaties, the
Committee encourages the State party to review the general nature of its
declaration to the Convention on the Rights of the Child with a view to its
withdrawal.

Ratification of international human rights
instruments

11. While acknowledging the State party's
ratification of the Convention on the Elimination of All Forms of Discrimination
against Women, the Committee is of the opinion that the ratification of other
human rights instruments, and in particular of the International Covenant on
Civil and Political Rights and its two Optional Protocols, the International
Covenant on Economic, Social and Cultural Rights, the International Convention
on the Elimination of All Forms of Racial Discrimination and the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
would strengthen the efforts of the State party to meet its obligations in
guaranteeing the rights of all children under its jurisdiction.

12. The
Committee encourages the State party to consider the possibility of ratifying
the other major international human rights instruments.

Legislation

13. The Committee is concerned that no
systematic review of existing legislation has been undertaken to ensure its
compatibility and full conformity with the principles and provisions of the
Convention. It is also concerned about the difficulties experienced in
finalizing the adoption of new or amended legislation, including the draft
Family Code that was prepared before the ratification of the Convention.

14. The
Committee recommends that the State party take all appropriate measures to
complete the process of law review and, where appropriate, adopt or amend
legislation so as to ensure the harmonization of applicable provisions of the
different jurisdictions (traditional, Islamic and civil law) and their
conformity with the provisions and principles of the Convention.

Coordination/independent monitoring
mechanism/structures

15. Taking note of the limited functions assumed
by the inter-sectoral committee, the Committee is concerned that no particular
governmental coordination or monitoring mechanisms appear to have been set up to
ensure the implementation of the provisions of the Convention.

16. The
Committee recommends that steps be taken by the State party to establish a
mechanism to coordinate the various government bodies involved in children's
rights at both the national and local levels and that greater efforts be made to
ensure cooperation with non-governmental organizations working in the field of
children's rights. While acknowledging that budgetary constraints may make it
difficult to set up complex structures, the Committee encourages the State party
to consider the possibility of setting up an independent mechanism to monitor
progress made in the implementation of the Convention, including, for example,
the establishment of a telephone hotline to encourage children to voice their
complaints.

Data collection

17. The Committee is concerned that data
collection in the State party is insufficient to allow the systematic and
comprehensive collection of disaggregated quantitative and qualitative data for
all areas covered by the Convention 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 measures be taken to establish a system to collect
statistical and other data in all areas covered by the Convention. Such a system
should cover all children up to the age of 18 years, with specific emphasis on
the most vulnerable groups, including girls, children with disabilities, child
labourers, children from nomadic groups living in rural areas, children living
and/or working in the streets, children living in institutions and refugee
children. Technical assistance in this area from UNICEF, among others, is
encouraged.

Budgetary allocations

19. Recognizing that effective implementation of
the Convention depends upon the consistent allocation of adequate budgetary
resources, the Committee expresses its concern at the lack of information on the
current allocation of resources in favour of children, particularly in a context
of widespread poverty.

20. 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 urges the State party to establish a policy on the
allocation of resources in favour of children, including resources allocated by
international agencies or bilateral assistance, and to determine how these
resources will be used in future, ensuring that priority is given to the
alleviation of poverty.

International cooperation

21. Deeply concerned by the overall situation of
children's rights in the State party, the Committee takes note of the resource
limitations faced by the State party which constrain its ability to address such
a wide array of problems.

22. The
Committee strongly recommends that the State party seek international assistance
for the implementation of the principles and provisions of the Convention,
bearing in mind the need to strengthen national capacity.

Dissemination and
awareness-raising

23. The Committee acknowledges the efforts of
the State party to promote awareness of the principles and provisions of the
Convention and takes note of the cooperation between UNICEF and the National
Centre for Research and Pedagogical Information in this regard. However, the
Committee remains concerned that the text of the Convention has not yet been
translated into all national languages, and that professionals working with and
for children, parents and the public at large are generally not aware of the
Convention and of the human rights it enshrines.

24. The
Committee recommends that the State party develop an ongoing programme for the
dissemination of information regarding the Convention among children and
parents, civil society and all sectors and levels of government, including
through the use of traditional information channels and working through
community leaders. The Committee encourages the State party to pursue efforts to
promote children's rights education in the country, including initiatives
targeting the most vulnerable groups. Moreover, the Committee recommends the
reinforcement of adequate and systematic training and/or sensitization of
traditional and religious leaders as well as professional groups, including
those working with and for children (e.g. judges, lawyers, law enforcement
officials, parliamentarians, civil servants, local government officials,
personnel working in institutions and places of detention for children,
teachers, health personnel, including psychologists, and social workers). The
Committee encourages the State party to seek technical assistance from the
Office of the High Commissioner for Human Rights (OHCHR) and UNICEF, among
others.

2. Definition of the child

25. The Committee notes that the new draft
Family Code will set the legal minimum age for marriage at 18 for both boys and
girls. It is concerned that current traditional practice considers 15 years as a
suitable age for marriage for girls, while it is 18 for boys, and that the
marriage age for girls is too low and is a form of gender discrimination not
acceptable under the provisions of article 2 of the Convention.

26. The
Committee recommends that the State party continue its efforts to increase the
legal minimum age for marriage and eliminate discrimination against girls in
this regard, and that it consider the need for effective public information and
sensitization activities to discourage early marriage.

3. General principles

Non-discrimination

27. The Committee notes that the principle of
non-discrimination (art. 2) is reflected in the Constitution of Djibouti as well
as in domestic legislation and acknowledges efforts made to promote education
for girls. It is still concerned that insufficient measures have been adopted to
ensure that all children are treated equally and are guaranteed equal access to
education, health and other social services. In this regard, it is extremely
concerned about the persistent discriminatory attitudes faced by girls; it is
also concerned about the discrimination faced by refugee and asylum-seeking
children and about the impact of ethnic discrimination. The Committee is also
concerned about the discrimination that appears to be experienced by children
born out of wedlock, children with disabilities, children living and/or working
on the streets, and children living in rural areas.

28. The
Committee recommends that the State party increase its efforts to ensure
implementation of the principle of non-discrimination and full compliance with
article 2 of the Convention and address those cases which continue to affect all
vulnerable groups, particularly girls, refugee children and those from different
ethnic groups. The Committee also urges the State party to give particular
attention to addressing discrimination against both girls and women,
inter alia by reviewing domestic legislation so as to ensure that
discriminatory provisions, including those affecting inheritance rights, are
removed and that adequate protection from discrimination is provided.

Respect for the views of the child

29. The Committee is seriously concerned about
the lack of information regarding the implementation in practice of the right of
the child to express his or her views and to have them taken into account. It
emphasizes the importance of promoting respect for the views of the child and
encouraging children's participation.

30. The
Committee encourages the State party to promote public awareness of the
participatory rights of children and urges that effective measures be adopted to
promote respect for the views of the child within schools, families, social
institutions and in the care and judicial systems, in accordance with the
provisions of article 12 of the Convention.

4. Civil rights and freedoms

Birth registration

31. The Committee is concerned that the
insufficiently systematic birth registration in the State party prevents an
accurate statement of the identity or age of a child, which can make it very
difficult for the protection afforded to children by domestic legislation or by
the Convention to be enforced. It is concerned in particular about the
difficulties experienced in registering the birth of refugee children outside of
the refugee camps and about the limited type of birth registration available in
the camps.

32. In light
of articles 1 and 7 of the Convention, the Committee recommends that the State
party establish as quickly as possible the practice of systematic birth
registration for all children born within the national territory, and encourages
the State party to consider ratifying the 1954 Convention relating to the Status
of Stateless Persons and the 1961 Convention on the Reduction of Statelessness,
and to adopt national legislation that is in conformity with these international
instruments. The Committee further urges the State party to proceed with the
registration of those children who have not been registered.

5. Family
environment and alternative care

Family environment

33. The Committee is concerned about the impact
of gender discrimination on the sharing of parental responsibility by both
parents and on the quality of the family environment, as well as about the
impact on children of the continuing practice of polygamy. It is also concerned
about the lack of detailed information regarding cases of children separated
from their parents against their will when necessary for the best interests of
the child and respecting the legal guarantees set by the provisions of article 9
of the Convention.

34. The
Committee encourages the State party to review its legislation, programmes and
policies so as to promote the equal sharing of parental responsibility,
discourage the practice of polygamy, and ensure adequate protection of children
from abuse and neglect even when it may involve the need to separate children
from their parents against their will.

Alternative care

35. With respect to the situation of children
deprived of a family environment, the Committee expresses its concern about the
insufficient number of alternative care facilities and the limited capacity of
existing institutions. Concern is also expressed about the fact that refugee
children may be denied access to such facilities.

36. The
Committee recommends that the State party make every effort to provide special
protection and assistance for children deprived of a family environment, in
accordance with the provisions of article 20 of the Convention, including
through the development of a foster care system as well as by providing
additional places in existing institutions. It further recommends that an
appropriate inspection mechanism be established to monitor the placement of
children in institutions or in alternative care. The Committee also recommends
that the State party increase its efforts to provide support for families and
single parents, to discourage the abandonment of children.

Adoption

37. Taking note of the detailed legal procedures
required for adoption under civil law, the Committee remains concerned about the
lack of detailed information concerning the procedures and safeguards provided
for international adoptions, in particular of very young children abandoned by
their parents.

38. The
Committee recommends that every effort be made to ensure that international
adoptions are in full conformity with the provisions of article 21 of the
Convention. It encourages the State party to consider ratifying the 1993 Hague
Convention on Protection of Children and Cooperation in Respect to Intercountry
Adoption.

6. Basic
health and welfare

Children with disabilities

39. The Committee expresses concern regarding
the lack of legal protection, programmes, facilities and services for children
with disabilities aimed at facilitating their development and full integration
in society.

40. In light
of article 23 of the Convention, the Standard Rules on the Equalization of
Opportunities for Persons with Disabilities (General Assembly resolution 48/96)
and the Committee's recommendations adopted as its day of General
Discussion on the rights of children with disabilities (CRC/C/69), the Committee
recommends that the State party establish special education programmes for
children with disabilities and actively seek their inclusion in society. The
Committee further recommends that the State party conduct an assessment of the
number of children with disabilities, the type of disabilities, and the needs of
children with disabilities with regard to rehabilitative and other forms of
care. The Committee encourages the State party to seek technical assistance,
including for the training of professional staff working with and for children
with disabilities, from UNICEF and WHO, among others.

Right to health

41. While welcoming the adoption of a national
plan of action and the State party's commitment to adopt the Integrated
Management of Childhood Illnesses (IMCI) strategy, the Committee is concerned at
the poor health status of children in Djibouti. It is particularly concerned at
the persistently high rates of infant and under-five mortality, maternal
mortality, child malnutrition and smoking, and at the insufficient data
collection with regard to child health. While welcoming the adoption of
"baby-friendly" hospital initiatives, the Committee is also concerned about the
risk of mother-to-child transmission of HIV, given the high rates of HIV
infection. The Committee regrets the decline in spending on the health sector
and the reduction in vaccination coverage.

42. The
Committee encourages the State party to increase its efforts in the health
sector, including through the strengthening of data collection and disease
surveillance mechanisms, the allocation of adequate resources and the
reinforcement of training and support for health sector staff. It recommends
that the State party ensure equitable access to existing health care services,
that it make every effort to increase vaccination coverage, including by
ensuring the maintenance of a cold chain, and that it undertake effective
collection and recording of data in this respect. The Committee recommends that
effective measures be taken to provide information and support to HIV-infected
mothers to prevent HIV transmission, in particular by providing safe
alternatives to breastfeeding. The Committee recommends that the State party
address the social factors preventing vulnerable groups (including women and
children) from seeking health care, and that particular efforts be made to reach
refugee and displaced children and those living on the streets. The Committee
urges the State party to develop effective partnerships with NGOs and civil
society groups, and to seek the technical assistance of United Nations agencies
such as WHO and UNICEF in this respect.

Female genital mutilation

43. While welcoming the recognition by the State
party of the importance of this problem, and the prohibition of the practice in
the new Penal Code, the Committee expresses its concern about the widespread
practice of female genital mutilation. It acknowledges the efforts made to
complement legal reform with activities to raise awareness and sensitize health
professionals and the effort made to involve traditional leaders in the effort
to change traditional attitudes.

44. The
Committee urges the State party to continue to take effective measures to
eradicate this practice, and encourages it to benefit from the experience of
other States that have addressed similar issues. The Committee recommends that
the adoption of legal and judicial provisions in this area be accompanied by
further efforts to engage the community in the process of changing cultural
attitudes, including by assisting traditional practitioners to seek alternative
employment, and if necessary by ensuring the enforcement of the legal sanctions
contemplated by article 333 of the new Penal Code in order to set an
example.

Adolescent health

45. The Committee is concerned about the
exposure of older children in the State party, particularly those living on the
street or working in port areas and along truck routes, to sexual exploitation
and to sexually transmitted diseases, including the risk of HIV infection. The
Committee is also concerned that girls married at a young age may not have
sufficient access to family planning services and counselling.

46. The
Committee urges the State party to address the sexual and reproductive
health-care needs of older children, including those married at a young age and
those in vulnerable situations. It recommends that the State party provide
access to information about sexual and reproductive health, and that services in
this area be user friendly and address the concerns and need for confidentiality
of adolescents. The Committee recommends that the State party seek technical
assistance from WHO and UNICEF, among others, to develop a comprehensive
strategy that can address the needs of young people, and that it encourage civil
society and adolescents to participate in the design, implementation and
evaluation of such a strategy.

7. Education, leisure and cultural
activities

47. The Committee welcomes the recent efforts of
the State party to improve the situation of education in terms of elaborating
and carrying out educational programmes, and takes note of efforts made to seek
international assistance in this area. However, the Committee remains seriously
concerned about the low rates of school enrolment and attendance and the high
drop-out and illiteracy rates, as well as about the extent of gender disparities
in this respect. It is also concerned about the limited number of trained
teachers and school facilities, and further concerned by information indicating
that refugee children are denied access to education outside of refugee
camps.

48. The
Committee recommends that the State party continue its efforts to promote and
facilitate school attendance, particularly among girls and refugee children. In
light of article 28 of the Convention, the Committee recommends that the State
party take effective measures to ensure that primary education is available to
all, to improve the quality of teaching and to reduce drop-out rates. The
Committee encourages the State party to seek to strengthen its educational
system, if necessary by seeking further international assistance, from UNICEF
and UNESCO, among others.

8. Special protection measures

Refugee and asylum-seeking
children

49. While acknowledging the challenges faced by
the State party as a result of the regional conflicts which repeatedly lead to
the arrival of a disproportionate number of asylum-seekers, the Committee is
concerned about the problems experienced by refugee children. It is concerned
about the absence of national legislation defining the legal basis for asylum or
for granting stateless status. It is also concerned about the resulting absence
of an appropriate legal framework for the protection of accompanied and
unaccompanied child refugees and asylum-seekers, and about the lack of health
and education services for all refugee children, including those living outside
the refugee camps.

50. The
Committee urges the State party to make every effort to implement the rights of
refugee children, in accordance with article 22 of the Convention and of the
1951 Convention relating to the Status of Refugees and its 1967 Protocol. It
recommends that the State party adopt national legislation for the determination
of refugee status, making suitable provision for the special procedures required
for child refugees. In light of the provisions of articles 2, 10, 24 and 28 of
the Convention, the Committee further recommends that the State party develop an
appropriate legislative and administrative framework to facilitate family
reunification and adequate access to all social services and to schools for
refugee children outside the camps.

Children in armed conflict

51. The Committee welcomes the adoption in Paris
on 7 February 2000 of an agreement to end the violence in the north of the
country. The Committee is concerned that insufficient efforts have been made to
introduce adequate programmes to facilitate the rehabilitation of children
affected by armed conflict during the civil war and subsequent violence.

52. The
Committee recommends that every effort be made to conclude negotiations and
obtain international assistance allowing the launching of activities to demine
areas affected by the conflict. It further recommends that the State party take
all appropriate measures to introduce programmes to facilitate the physical and
psychological recovery and social reintegration of children affected by armed
conflict.

Child labour

53. The Committee is concerned about the
apparent increase in the number of children involved in economic activities in
the family context as well as on the streets.

54. The
Committee urges the State party to make urgent efforts to monitor and address
the use of child labour. It recommends that the State party improve its
monitoring mechanisms in order to enforce existing labour laws and protect
children from economic exploitation. The Committee encourages the State party to
ratify the Worst Forms of Child Labour Convention (No. 182) and the Minimum Age
for Admission to Employment Convention (No. 158) and to seek international
cooperation, including through the International Programme for the Elimination
of Child Labour (IPEC) of the ILO.

Drug and substance abuse

55. The Committee is concerned about the high
and increasing involvement of children in the production, trafficking and
consumption of psychotropic drugs (and especially of khat), and about the impact
on children of widespread khat consumption in the State party which affects
families and the entire society.

56. In view
of articles 33 and 39 of the Convention, the Committee urges the State party to
take all appropriate measures to prevent the involvement of children in the
production, trafficking and consumption of khat and other psychotropic drugs as
well as to provide care and rehabilitation, and to pay particular attention in
this regard to vulnerable groups, including children who drop out of school,
live on the streets, or work in the port area. The Committee encourages the
State party to seek technical assistance from UNICEF and WHO, among others, and
to involve children in the design, implementation and evaluation of relevant
strategies, and to continue its cooperation with the United Nations Drug Control
Programme in this regard.

Sexual exploitation

57. The Committee is concerned about the high
and apparently increasing incidence of prostitution involving children, in
particular girls, and about the lack of facilities to provide services to
sexually exploited children.

58. In the
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 policies and measures, including to promote the
physical and psychological recovery and social reintegration of child victims of
sexual exploitation, and to preventing and combating the sexual exploitation of
children while avoiding the criminalization of child victims. In this regard,
the Committee encourages the State party to take into account the
recommendations formulated in the Agenda for Action adopted at the World
Congress against Commercial Sexual Exploitation of Children, held in Stockholm
in 1996.

Juvenile justice

59. The Committee welcomes the recent release of
a number of children who had been detained in the Gabode prison while expressing
its concern about the lack of support and assistance which may be faced by those
children. The Committee remains concerned about the treatment of children
alleged to be in conflict with law and about the lack of available data on the
number and situation of children in detention, on the types of offences
committed, length of sentences imposed, availability of diversionary and
alternative measures, etc. The Committee remains concerned about conditions in
places of detention for children, especially with regard to overcrowding and the
quality of the health services and educational programmes offered, and in
particular about the availability of services to facilitate the detained child's
reintegration in society, in accordance with the provisions of article 40 (1) of
the Convention.

60. The
Committee recommends that every effort be made to gather information on the
number and legal situation of children in detention within the State party and
urges the State party to enforce domestic legislation requiring that
imprisonment be a measure of last resort, and that children be kept separate
from adult detainees. The Committee further recommends that the State
party:

(a) Take additional steps to ensure that the
juvenile justice system is in full conformity, de facto, as well as
de jure, with the provisions of the Convention, in particular
articles 37, 40 and 39, 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) and the United
Nations Rules for the Protection of Juveniles Deprived of their Liberty;

(b) Consider seeking technical assistance in
this regard from, among others, the member organizations of the Coordination
Panel on Technical Advice in Juvenile Justice, including the Office of the High
Commissioner for Human Rights, the Centre for International Crime Prevention,
the International Network on Juvenile Justice and UNICEF.

9. Dissemination of the reports

61. Finally,
the Committee recommends that, in light of article 44, paragraph 6, of the
Convention, the initial report presented by the State party be made widely
available to the public at large and that consideration be given to the
publication of the report, along with the written answers to the list of issues
raised by the Committee, the relevant summary records of the discussion 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, the
Parliament and the general public, including concerned NGOs.

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Office of the United
Nations High Commissioner for Human Rights
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