Distr.

GENERAL

CRC/C/15/Add.165
6 November 2001

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : Gambia.
06/11/2001.

CRC/C/15/Add.165.
(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: Gambia

1. The Committee considered the initial report of the
Gambia (CRC/C/3/Add.61), received on 20 November 1999, at its 739th and 740th
meetings (see CRC/C/SR.739-740), held on 5 October 2001, and adopted, at the
749th meeting (CRC/C/SR.749) held on 12 October 2001, the following concluding
observations.

A. Introduction

2. While the Committee welcomes the State party's
initial report, it regrets that it does not fully follow the guidelines
established by the Committee. The Committee welcomes the timely submission of
written replies to its list of issues (CRC/C/Q/GAM/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 welcomes the inclusion of a section
on the rights of the child in the 1997 Constitution.

4. The Committee welcomes the recent ratification of
ILO Convention No. 182 concerning the Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labour.

5. The Committee notes with appreciation that the
State party has formulated and launched a National Nutrition Policy and
Programme (2000-2004). The Committee also expresses its appreciation for the
Participatory Health, Population and Nutrition Project, which was launched with
support from the World Bank and the African Development Bank.

6. The Committee welcomes the HIV/AIDS Rapid Response
Project (HARRP), launched in 2001, to help combat the spread of HIV/AIDS.

7. The Committee welcomes the National Disability
Survey 1998, which was conducted in cooperation with UNICEF to identify the
kinds of disabilities afflicting children and their geographical location, and
to facilitate programming in this regard.

8. The Committee welcomes the creation of a Global
Movement for Children Committee (GMC) at the National Assembly.

9. The Committee welcomes the National Education
Policy 1988-2003 and notes with appreciation that the Third Education Sector
Programme was recently launched to increase access to education and improve the
quality and relevance of education within the State party. Finally, the
Committee also welcomes the launch of the scholarship trust fund for girls,
which was established in 2000 as a measure of affirmative action to promote the
enrolment of girls in schools.

C. Factors and difficulties
impeding the implementation of the Convention

10. The Committee acknowledges that the economic and
social difficulties facing the State party have had and still have 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 and increasing levels of unemployment and poverty, especially on
children belonging to the most vulnerable groups. The Committee further notes
that the limited availability of skilled human resources and the high population
growth rate also adversely affect the full implementation of the Convention. The
Committee also acknowledges that the coexistence of various ethnic groups and
several legal systems (common law, customary law and the sharia), and the
effects of traditional practices not conducive to the rights of the child, are
other elements which affect the full implementation of the Convention.

D. Subjects of concern and
recommendations

1. General measures of
implementation

Legislation

11. While noting that chapter IV of the new
Constitution (1997) is entirely devoted to fundamental human rights and
freedoms, with a special section on children (sect. 29), the Committee is
concerned that domestic legislation, including customary law and the sharia,
does not fully reflect the principles and provisions of the Convention. The
Committee is also concerned that the legislation relevant to children's rights
is fragmented in different laws. The Committee expresses concern at the
continued existence of customs and traditions which prevent children from fully
enjoying their rights.

12. The Committee
recommends that the State party take effective measures, including a thorough
review of all existing legislation, to ensure that domestic law, including
customary and Islamic laws, fully conforms to the provisions and principles of
the Convention on the Rights of the Child. In that respect, the Committee also
encourages the State party to expedite the enactment of a comprehensive
children's code. The Committee strongly recommends that the State party rapidly
implement the Human Rights Promotion and Protection Programme which includes
plans to harmonize domestic laws with the Convention. The Committee recommends
that the State party seek technical assistance from, among others, OHCHR and
UNICEF.

Coordination

13. While noting with satisfaction that a focal point
has recently been appointed by the Attorney-General's Chambers and the
Department of State for Justice to liaise between UNICEF and the Department in
work towards the full implementation of the Convention, the Committee is
concerned that the National Commission on Children's Rights, aimed at
coordinating and facilitating the implementation of the Convention on the Rights
of the Child as well as child-related programmes and policies, has not yet been
established and that there continues to be no effective mechanism to coordinate
the implementation of the Convention.

14. The Committee
recommends that the State party take all effective measures to establish the
National Commission on Children's Rights and ensure the effective coordination
of the implementation of the Convention at the national and local levels. For
this purpose, the Committee also recommends that adequate human and financial
resources be allocated and that appropriate measures be taken to include
NGOs.

Data collection

15. The Committee is concerned that the data
collection mechanism within the State party does not ensure the adequate
collection of disaggregated data on all aspects of the Convention, monitor and
evaluate progress achieved, and assess the impact of policies adopted with
respect to children.

16. The Committee
recommends that the State party strengthen its efforts to establish a
comprehensive mechanism to collect data, disaggregated by gender, age, minority
group and rural and urban area. 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 relevant to children. The data
collection mechanism should incorporate all the areas covered by the Convention
and cover all children below the age of 18 years, with specific emphasis on
those who are particularly vulnerable. In this context, the Committee recommends
that the State party seek technical assistance from, among others, UNFPA, UNDP
and UNICEF.

Independent monitoring mechanisms

17. While noting that the Department for Social
Welfare is currently responsible for receiving and investigating individual
complaints of violation of the rights of children, the Committee notes that the
mandate of the Office of the Ombudsman does not adequately cover issues relevant
to children's rights. The Committee is concerned that the State party has not
established an independent monitoring mechanism to receive and investigate
individual complaints of violation of the rights of children.

18. The Committee
encourages the State party to expand the mandate of the Office of the Ombudsman
or establish a separate monitoring mechanism to deal with complaints of
violations of the rights of children and to provide remedies for such
violations. This monitoring mechanism should be set up, in accordance with the
Paris Principles (General Assembly resolution 48/134), to monitor and evaluate
progress in the implementation of the Convention at the national and, if
appropriate, at the local level, 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. The Committee further
suggests that the State party introduce an awareness-raising campaign to
facilitate the effective use by children of such a mechanism. The Committee
recommends that the State party seek technical assistance from, among others,
OHCHR and UNICEF.

Resources for children

19. While the Committee welcomes the strong efforts to
take steps towards sustainable development, notes the increase in the budget
allocations for social services and is aware of the economic and social
challenges faced by the State party, it remains concerned that in light of
article 4 of the Convention, not enough attention has been paid in allocating
budgetary resources, at both the national and local levels, in the best
interests of children "to the maximum extent of ... available resources".

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, especially economically and
geographically disadvantaged groups, to the maximum extent of available
resources (at the national and local levels) and, where needed, within the
framework of international cooperation. The Committee further recommends that
the State party make children, particularly those in need of special protection,
the target of the Poverty Reduction Strategy Paper to be finalized in December
2001.

Dissemination of the Convention

21. While noting the initiatives of the State party to
promote awareness of the principles and provisions of the Convention, the
Committee is concerned that professional groups, children, parents and the
public at large are still not sufficiently aware of the Convention and the
rights-based approach enshrined therein.

22. 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 encourages the State
party to use traditional means of communication and to involve the media in its
awareness-raising campaigns. 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 and social workers, personnel of childcare institutions, and
traditional or community leaders. The Committee also recommends that the State
party expedite the implementation of the syllabus prepared for human rights
education, including children's rights, in schools. The Committee encourages the
State party to take effective measures to translate the Convention into local
languages. The Committee further suggests that the State party seek technical
assistance from, among others, OHCHR and UNICEF.

2. Definition of the
child

23. The Committee is concerned that there is no clear
legal definition of the child in the State party and that various legal minimum
ages which are inconsistent with the Convention, discriminatory and/or too low
have been set.

24. With reference to
paragraph 60 of the State party's initial report, the Committee encourages the
State party to take the necessary legislative measures:

(a) To establish a clear definition of the child in
accordance with article 1 and other related principles and provisions of the
Convention;

(b) To set the legal minimum age for marriage of girls
and boys at 18 years; and

(c) To establish clear legal minimum ages for
compulsory education, employment and enlistment in the armed forces, in
accordance with the principles and the provisions of the Convention.

3. General
principles

Non-discrimination

25. While noting that the 1997 Constitution sets out
to eliminate all forms of discrimination, the Committee is concerned that
section 33 (5) of the Constitution excludes matters of personal law such as
marriage, divorce and inheritance, and matters ruled by customary law, and 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 and children with disabilities. The Committee is particularly concerned
about the limited access of these children to adequate health, education and
other social services.

26. The Committee, with
reference to paragraph 70 of the State Party's initial report, encourages the
State party to amend its Constitution to exclude all forms of discrimination and
to take all effective measures to implement laws, policies and programmes in
order 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.

27. The Committee
requests that specific information be included in the next periodic report on
the measures and programmes relevant to the Convention undertaken by the State
party to follow up on the Declaration and Programme of Action adopted at the
2001 World Conference against Racism, Racial Discrimination, Xenophobia and
Related Intolerance, and taking account of the Committee's general comment No. 1
on article 29 (1) of the Convention on the aims of education.

Respect for the views of the child

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

29. 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 levels and in traditional communities, and encourage respect for the views
of the child in families, schools, and the care and judicial systems.

4. Civil rights and
freedoms

Birth registration

30. The Committee notes that the law provides for the
registration of children at birth. However, it is concerned that many children,
particularly those born at home and those living in rural communities, are not
registered. The Committee is also concerned that children do not easily obtain
birth certificates, which are necessary for access to education.

31. In 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, in order to ensure that
all children are registered at birth. The Committee also recommends facilitating
the issuance of birth certificates, for example by combining birth registration
with the automatic and issuance of a free birth certificate.

Corporal punishment

32. The Committee expresses grave concern that
corporal punishment is still practised and accepted in schools, families, and
care and juvenile detention institutions, and as a punishment in the penal
system.

33. The Committee
recommends that the State party take legislative measures to prohibit all forms
of physical and mental violence, including corporal punishment as a penal
sanction within the juvenile justice system, in schools and care institutions,
as well as in families. 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.

5. Family environment and
alternative care

Recovery of maintenance for the child

34. The Committee notes that the Maintenance Act (Cap.
44:03, Laws of the Gambia) obliges parents to provide financial support to
children and that the Department of Social Welfare has assisted the parents to
obey this Act. While noting the socio-economic challenges within the State
party, the Committee expresses concern that the amount allocated for the payment
of maintenance for children is generally insufficient and is often decided on ad
hoc bases.

35. The Committee
recommends that the State party take effective measures to review its policies,
guidelines and procedures for the administration and implementation of the
Maintenance Act in order to ensure the adequate and effective recovery of
maintenance for children.

Protection of children deprived of a family
environment

36. The Committee expresses concern at the increasing
number of children deprived of a family environment and the inadequate
facilities and services for them. 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 as well
as the lack of available trained personnel in this field. Concern is also
expressed at the insufficient financial and human resources allocated for
alternative care, as well as to the Department of Social Welfare.

37. The Committee
recommends that the State party take effective measures to improve alternative
care through, inter alia, the allocation of adequate financial and human resources,
including to the Department of Social Welfare. It further recommends that the
State party provide additional training, including in children's 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.

Adoption and foster care

38. While noting that the Adoption Act (1992) provides
for the regulation of adoptions (domestic and intercountry), the Committee
expresses concern that informal adoptions, which are generally not monitored
with respect to the best interests of the child, are more widely accepted and
practised within the State party. While the Committee notes the efforts of the
State party to introduce a foster care programme, it is concerned that "informal
foster care" within the extended family system is still preferred.

39. In light of article
21 of the Convention, the Committee recommends that the State party strengthen
administrative procedures for formal domestic and intercountry adoptions, in
order to prevent the abuse of the practice of informal adoption and guarantee
the protection of the rights of children. In light of the increasing number of
children deprived of a family environment, the Committee recommends that the
State party promote and encourage formal adoptions and reinforce its 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

40. The Committee is concerned about the high and
increasing incidence of physical and sexual abuse of children, including in
schools, care institutions and at home. Concern is also expressed about the lack
of awareness of 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 against
children.

41. In light of article
19, the Committee recommends that the State party undertake studies on domestic
violence, ill-treatment and abuse (including sexual abuse within the family) in
order to adopt policies which will help to change attitudes and improve the
prevention and treatment of cases of violence against children. The Committee
encourages the State party to consider introducing an effective system for
reporting cases of abuse, including sexual abuse, of children. It also
recommends that cases of domestic violence, ill-treatment and abuse of children
be properly investigated within a child-sensitive judicial procedure and that
sanctions be 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 as well as
perpetrators. Efforts should also be made to prevent the criminalization and
stigmatization of child victims of abuse. The Committee recommends that the
State party seek technical assistance from, among others, UNICEF and
UNDP.

6. Basic health and
welfare

Right to health and access to health services

42. The Committee notes the efforts of the State party
to improve health care for children through, inter alia, the National
Nutrition Policy and the Participatory Health, Population and Nutrition Project.
However, the Committee is concerned at the insufficient number of trained
medical personnel; the lack of medicines, equipment and support for health
workers; the high maternal, child and infant mortality rates; the high rate of
malnutrition; the increasing incidence of HIV/AIDS; the high incidence of
malaria and acute respiratory infections; poor sanitation and limited access to
safe drinking water, especially in rural areas.

43. The Committee
recommends that the State party:

(a) Allocate sufficient resources to reinforce its
policies and programmes to improve health care for children;

(b) Take all effective measures to increase the number
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, child and infant
mortality; increase access to safe drinking water; improve sanitation; prevent
and combat malnutrition; and reduce the incidence of malaria and acute
respiratory infections;

(c) Take all 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;

(d) Continue its cooperation, through the Integrated
Management of Childhood Illnesses and other measures for child health
improvement, with, among others, WHO and UNICEF.

Adolescent health

44. 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, violence, suicides, mental health,
alcohol and substance abuse, and, especially, early and forced marriage and
early pregnancy and STDs.

45. 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 scope of
adolescent health problems. It also recommends that the State party undertake
awareness-raising campaigns to discourage early and forced marriages.
Additionally, it recommends 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, among others, UNICEF and WHO.

HIV/AIDS

46. While noting the launch of the HIV/AIDS Rapid
Response Programme, the Committee remains extremely concerned at the high
incidence and increasing prevalence of HIV/AIDS amongst 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 HIV/AIDS and take
into consideration the recommendations the Committee adopted at 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
upon children of the HIV/AIDS-related deaths of parents, teachers and others, in
terms of children's reduced access to a family life, adoption, emotional care
and education;

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

(d) Seek further technical assistance from, among
others, UNAIDS.

Female genital mutilation

48. While the Committee notes the launch in March 1997
of the First National Action Plan for the Eradication of Female Genital
Mutilation, it remains concerned that female genital mutilation (FGM) is not
prohibited by law and is still widely practised in the State party. Concern is also expressed about
the persistent use of other harmful traditional practices, including early,
consanguine and forced marriages.

49. The Committee
recommends that the State party take legislative and awareness-raising measures
to combat and eradicate the persistent practice of FGM and other traditional
practices harmful to the health, survival and development of children,
especially girls. The Committee urges the State party to introduce sensitization
programmes for practitioners and the general public to encourage change in
traditional attitudes and discourage harmful practices.

Children with disabilities

50. The Committee is concerned about the inadequate
legal protection and the insufficient facilities and services for children with
disabilities. Concern is also expressed at the limited number of trained
teachers available to work with children with disabilities, as well as the
insufficient efforts made to facilitate their inclusion into the educational
system and generally within society. The Committee also notes with concern the
inadequate resources allocated to special education programmes for children with
disabilities.

51. In 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, paras. 310-339), 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 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, integrate them into mainstream schools and public
life;

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

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

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

Right to an adequate standard of living

52. The Committee is concerned about widespread
poverty and the increasingly high numbers of children who do not enjoy the right
to an adequate standard of living, including children belonging to poor
families, street children, child beggars, refugee and asylum-seeking children,
and children living in remote rural communities.

53. The Committee
recommends that in accordance with article 27 of the Convention, 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 when
introducing its 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

Right to and aims of education

54. The Committee notes the efforts of the State party
to improve the situation of education in the country, including the recent
launching of the Third Education Sector Programme. Nevertheless, the Committee
expresses concern that primary education is not free in practice, 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, an insufficient number of schools and
classrooms, lack of relevant learning material, and geographical disparity in
enrolment rates and access to education. The Committee is particularly concerned
about the high rate of illiteracy within the State party, especially in relation
to girls. In light of article 29 (1) of the Convention, the Committee is also
concerned about the quality of education within the State party.

55. The Committee urges
the State party to take legal and other measures to guarantee the right to
education for all children within its territory. The Committee recommends that
the State party take effective measures, including the allocation and
distribution of adequate financial, human and technical resources, to make
primary education free, train teachers, including female teachers effectively,
enhance the quality of education and improve the literacy rate. It is further
recommended that the State party reinforce its efforts to increase enrolment in
schools by, inter alia, abolishing and/or rationalizing user fees at all levels of
the educational system. The State party should pay particular attention to the
quality of education, in light of article 29 (1) and the Committee's general
comment No. 1 on the aims of education. It is recommended that the State party
seek to strengthen its educational system through closer cooperation with UNICEF
and UNESCO.

8. Special protection
measures

Refugee, asylum-seeking and unaccompanied
children

56. The Committee is 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.

57. The Committee
recommends that the State party take effective legal and other measures to
ensure adequate protection of refugee, asylum-seeking and unaccompanied children
and implement further policies and programmes to guarantee their access to
health, education and social services. The Committee further recommends that the
State party introduce training programmes for immigration officers and others
involved in the custody, interrogation and treatment of refugee and
asylum-seeking children. The Committee encourages the State party to reinforce
its cooperation with UNHCR.

Street children

58. The Committee expresses grave concern at the high
and increasing number 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 and
economic exploitation.

59. The Committee
recommends that the State party:

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

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

(c) Undertake a study to assess the scope and the
causes of the phenomenon and consider establishing a comprehensive strategy to
address the high and increasing number of street children with the aim of
preventing and reducing this phenomenon.

Child beggars

60. The Committee is concerned at the high number of
children who are begging in the streets. The Committee notes that these child
beggars, referred to as almudus, are scholars under the guardianship of Islamic religious
education teachers called marabouts. The Committee is
concerned at their vulnerability to police brutality, sexual abuse and
exploitation and economic exploitation.

61. The Committee
recommends that the State party conduct a study in order to better assess the
scope of this phenomenon and introduce programmes to discourage and prevent
child begging, and to involve the Islamic religious education teachers or
marabouts
in these programmes.

Economic exploitation

62. In light of the current economic situation and the
increasing number of school drop-outs, 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 within
the State party. The Committee also notes with concern that there is no legal
minimum age for employment in accordance with ILO Convention No. 138 concerning
Minimum Age for Admission to Employment. Grave concern is expressed about the
increasing number of child labourers, including domestic servants.

63. 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,
including in the informal sector, children working on the streets and domestic
workers. The Committee urges the State party to establish a clear legal minimum
age for employment.

Sexual exploitation and sexual abuse

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

65. In light of article
34 and other related articles of the Convention, the Committee recommends that
the State party undertake studies with a view to assessing the scope of
commercial sexual exploitation of children, including for prostitution and
pornography, and implementing appropriate preventive and rehabilitative policies
and programmes for child victims. The Committee also encourages the State party
to pursue its efforts to adopt a national plan of action against commercial
sexual exploitation of children, taking into account the recommendations
formulated in the Agenda for Action adopted at the 1996 World Congress against
Commercial Sexual Exploitation of Children.

Administration of juvenile justice

66. The Committee notes that a National Committee on
Juvenile Justice was established in 1998 to consider measures to strengthen
preventive and reintegrative processes in the juvenile justice system. The
Committee also notes that a separate prison wing for juvenile offenders was
opened in March 2000, to ensure that juveniles are separated from adults in
detention. However, the Committee is deeply concerned at the possibility that a
child may be sentenced to the death penalty. The Committee is also concerned at
the low age of criminal responsibility (seven years), the absence of juvenile
courts and juvenile judges, and the lack of social workers and teachers to work
in this field.

67. The Committee
recommends that the State party take all appropriate measures to implement a
juvenile justice system in conformity with the Convention, in particular
articles 37, 39 and 40, and with 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.

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

(a) Prohibit the use of the death penalty, life
imprisonment and whipping;

(b) Raise the age of criminal responsibility;

(c) Undertake all necessary measures to ensure the
establishment of juvenile courts and the appointment of trained juvenile
judges;

(d) Use deprivation of liberty (institutionalization)
only as a measure of last resort and for the shortest possible period of
time;

(e) Guarantee separation from adults in prison and in
pre-trail detention places all over the country;

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

(g) Abolish the use of corporal punishment within the
juvenile justice system;

(h) Strengthen rehabilitation and reintegration
programmes;

(i) Consider seeking technical assistance from, among
others, OHCHR, the Centre for International Crime Prevention, the International
Network on Juvenile Justice and UNICEF, through the Coordination Panel on
Technical Advice in Juvenile Justice.

9. Optional Protocols and amendment
to article 43 (2) of the Convention

69. The Committee notes that the State party has
signed but 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, and has not
yet accepted the amendment to article 43 (2) of the Convention for an expansion
of the Committee from 10 to 18 members.

70. The Committee
encourages the State party to ratify the two Optional Protocols to the
Convention on the Rights of the Child and urges the State party to accept the
amendment to article 43 (2) of the Convention.

10. Dissemination of
documents

71. Finally, the
Committee recommends that, in light of article 44, paragraph 6, of the
Convention, the initial report and written replies presented by the State party
be made widely available to the public at large and that the publication of the
report be considered, along with the relevant summary records and the concluding
observations adopted 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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