Distr.

GENERAL

CRC/C/15/Add.154
9 July 2001

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : Guatemala.
09/07/2001.

CRC/C/15/Add.154.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE
CHILD

Twenty-seventh
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

GUATEMALA

1. The Committee considered the second periodic report
of Guatemala (CRC/C/65/Add.10), submitted on 7 October 1998, at its 707th and
708th meetings (CRC/C/SR.707 and 708), held on 29 May 2001, and adopted, at the
721st meeting, held on 8 June 2001, the following concluding
observations.

A. Introduction

2. The Committee welcomes the submission of the State
party's second periodic report, which follows the guidelines for reporting, and
of the written replies to its list of issues (CRC/C/Q/GUA.2). It further notes
with appreciation the high-ranking delegation sent by the State party and
welcomes the frank dialogue and the positive reactions to the suggestions and
recommendations made during the discussion.

B. Follow-up measures undertaken
and progress achieved by the State party

3. The Committee notes with satisfaction that for the
preparation of the second periodic report the State party carried out a
consultative process with representatives of civil society, including
non-governmental organizations.

4. The development of a Master Plan of Operations for
1997-2001 by the SEGEPLAN (the National Economic Planning Council of the
Guatemalan Government) and UNICEF in order to support and implement activities
to improve the living conditions of women and children is welcomed by the
Committee.

5. In the light of its previous recommendation
(CRC/C/15/Add.58, para. 33), the Committee welcomes the creation of a National
Commission against Child Abuse (CONACMI) and the holding of two National
Campaigns against Child Abuse in 1996 and 1998.

6. The Committee welcomes the establishment of the
Advisory Committee on Educational Reform for the modification of curriculum
content to help eradicate stereotypes and discrimination based on sex, ethnic
and social origin, or poverty, and the programme for girls, linked to the
National System for the Improvement of Human Resources and Curricula established
by the Ministry of Education to develop a gender methodology and an
intercultural approach in curricula, textbooks and educational material, as
follow-up measures to its previous recommendation in that domain (ibid., para.
30).

7. The Committee notes with interest the Education
Programme for Working Children and Adolescents (PENNAT) to assist children who
work in markets, parks and the streets in both urban and rural areas.

8. The Committee welcomes the initiative taken by
those working in the juvenile justice system to develop unified criteria to be
applied in the administration of juvenile justice in the absence of a common
system. It further welcomes the implementation in 2000 of a Programme on
Probation as a follow-up measure to its recommendation in this regard (ibid.,
para. 40).

C. Factors and difficulties
impeding progress in the
implementation of the
Convention

9. The Committee, while noting significant progress
since the signing of the final peace agreement on 29 December 1996, is concerned
that the State party still faces many difficulties in the implementation of the
Convention, due in particular to the legacy of poverty and authoritarian rule,
as well as to human rights violations and impunity resulting from more than 30
years of armed conflict. Of particular concern to the Committee is the recent
information that there are signs that the human rights situation is
deteriorating. It also notes the serious economic and social disparities
affecting most of the population, in particular indigenous people.

D. Principal areas of concern and
recommendation

1. General measures of
implementation

Legislation

10. The Committee is deeply concerned that the entry
into force of the Children and Adolescent Code of 1996 was postponed several
times and, on 24 February 2000, was suspended indefinitely by Congress Decree
No. 4-2000. Concern is also expressed that some of the provisions of a new draft
Children's Code introduced in Congress in October 2000 are not in conformity
with the Guatemalan Constitution and the Convention, as the Government itself
noted in its written response to the list of issues. The Committee is encouraged
that according to information provided during the dialogue with the State party
delegation the Congress and civil society are engaged in negotiations and
discussions about the drafting of a Children's Code which is in conformity with
the Constitution and the Convention.

11. The Committee, in line with its previous
recommendation (ibid., para. 25), strongly recommends that the State party
support as much as possible the process to draft a new Children and Adolescent
Code that is in full conformity with the principles and provisions of the
Convention, expedite its approval by Congress, and ensure its enactment and full
implementation as soon as possible. This new code should make a clear
distinction, in terms of judicial procedures and treatment, between children in
need of care and protection and those in conflict with the law, and should
therefore not be based on the doctrine of "irregular situation".

Coordination

12. The Committee is concerned at the inadequate
coordination within government agencies, both at the national and local levels,
as well as between government agencies and non-governmental organizations
working in the field of children's rights. Further, it notes with concern that
the bodies designated to carry out these tasks, i.e. the National Children's
Council at national level and the departmental and municipal Children's Councils
at the local level, were not established because the Children and Adolescent
Code did not enter into force. It is also noted that another coordinating body,
the Commission for the Convention on the Rights of the Child (PRODEN), had to
scale down its activities due to a cut in its resources.

13. The Committee reiterates its previous
recommendation to the State party for a permanent and multidisciplinary
mechanism to be developed for coordinating and implementing the Convention at
the national and local levels, including the establishment of various mechanisms
at all levels to ensure the effective decentralization of the implementation of
the Convention, and for the promotion of close cooperation with non-governmental
organizations (ibid., para. 27). Further, it recommends the allocation of
adequate financial and human resources to existing bodies working in the field
of children's rights.

Allocations of budgetary resources

14. While noting the information that there has been
an increase in budgetary allocations for children, the Committee nevertheless
reiterates its concern that these allocations are not sufficient to respond to
national and local priorities for the protection and promotion of children's
rights and to overcome and remedy existing disparities between the regions and
rural/urban areas with respect to services provided to children (ibid., para.
31). Further, it notes with deep concern that, according to data provided in the
State party's report, 88.9 per cent of the population aged between 0 and 14 live
in a state of poverty.

15. In light of article 4 of the Convention, the
Committee encourages the State party to strengthen its efforts to reduce poverty
among children and to identify clearly its priorities with respect to child
rights issues in order to ensure that funds are allocated "to the maximum extent
of … available resources and, where needed, within the framework of
international cooperation" for the full implementation of the economic, social
and cultural rights of children, in particular with respect to local governments
and for children belonging to the most vulnerable groups in society. It further
recommends that the State party identify the amount and proportion of the budget
spent on children at the national and local levels in order to evaluate the
impact and effect of the expenditures on children. The State party is encouraged
to seek international cooperation and technical assistance in this
regard.

Data collection

16. The Committee notes that measures were taken by
the State party in line with its recommendation (ibid., para. 28), such as the
establishment of a social indicator system in the National Statistical Institute
and the conducting of the National Survey on Maternal and Child Health in 1999.
It nevertheless expresses its concern that the collection of data is still
focused on health and education and does not include all areas covered by the
Convention.

17. The Committee recommends that the State party
continue to develop a system to collect data and indicators reflecting the
provisions of the Convention, disaggregated by gender, age, indigenous and
minority groups, urban or rural area. This system should cover all children up
to the age of 18 years, with specific emphasis on those who are particularly
vulnerable, including children belonging to indigenous groups; child victims of
abuse, neglect, or ill-treatment; children with disabilities; children who are
displaced; children in conflict with the law; children who work; children who
are sexually exploited for commercial purposes; adopted children and children
living in the streets and in rural areas. It further encourages the State party
to use these indicators and data for the formulation of policies and programmes
for the effective implementation of the Convention.

Dissemination and training

18. The Committee recognizes that material on the
promotion of human rights was disseminated by both governmental agencies and
non-governmental organizations, but it notes that these measures need to be
strengthened, in particular in rural areas and among indigenous children.

19. The Committee recommends that the State party
increase its efforts to translate informative material into the main indigenous
languages and that it develop more creative methods to promote the Convention,
including through audio-visual aids such as picture books and posters, in
particular at the local level. The Committee also recommends 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 and health personnel. The State party is encouraged to
fully integrate the Convention into the curricula at all levels of the
educational system. It is suggested that the State party seek technical
assistance from, among others, UNICEF, UNESCO and OHCHR.

Civil society

20. The Committee, while noticing examples of
collaboration between governmental institutions and non-governmental
organizations, such as within PRODEN, it nevertheless notes that cooperation
with non-governmental organizations should be further promoted and reinforced.
Concern is also expressed that some non-governmental organizations working with
children have lately been subjected to threats and assaults.

21. The Committee reiterates its recommendation
(ibid., para. 27) to encourage the promotion of closer cooperation with
non-governmental organizations for the coordination and implementation of the
Convention at the national and local levels and in urban and rural areas. It
strongly recommends that the State party effectively investigate and prosecute
cases of threats and assaults against non-governmental organizations working
with and for children and take the necessary measures to prevent such
actions.

2. Definition of the
child

22. The Committee reiterates its concern about the
disparity between the legal minimum age for admission to employment (14 years)
and the age for the end of compulsory education (15 years). Further, it notes
that, in line with its recommendation (ibid., para. 26), a proposal to set the
minimum legal age for marriage for both boys and girls at 16 was introduced in
Congress but was never considered.

23. In light of articles 1 and 2 and other related
provisions of the Convention, the Committee reiterates its recommendation that
the State party pursue its efforts to review its legislation with a view to
increasing the minimum age of marriage for girls to that for boys in order to
bring it into full conformity with the provisions and principles of the
Convention. It further recommends that the State party redefine the minimum age
for admission to employment so that it corresponds to the age at which
compulsory education ends.

3. General
principles

24. The Committee is concerned that the principles of
non-discrimination (art. 2 of the Convention), best interests of the child (art.
3) and respect for the views of the child (art. 12) are not fully reflected in
the State party's legislation and administrative and judicial decisions, as well
as in policies and programmes relevant to children at both national and local
levels.

25. The Committee recommends that the State party
appropriately integrate the general principles of the Convention, in particular
the provisions of articles 2, 3 and 12, in all relevant legislation concerning
children and apply them in all political, judicial and administrative decisions,
as well as in projects, programmes and services which have an impact on all
children. These principles should guide planning and policy-making at every
level, as well as actions taken by social and health and welfare institutions,
courts of law and administrative authorities.

Non-discrimination

26. The Committee is concerned that the principle of
non-discrimination (art. 2) is not fully implemented for children belonging to
indigenous groups, urban and rural poor children, girls, children with
disabilities and displaced children especially with regard to their access to
adequate health and educational facilities.

27. The Committee recommends that the State party take
all the necessary measures to end discrimination. In this respect, the State
party is encouraged to monitor discrimination against children, in particular
those belonging to the above-mentioned vulnerable groups, and to develop, on the
basis of the results of such monitoring, comprehensive strategies for
implementing specific and well-targeted actions aimed at ending all forms of
discrimination.

4. Civil rights and
freedoms

Birth registration

28. The Committee notes with concern that a large
number of children, in particular girls in rural and poor urban areas, are not
registered because of distance from registry offices or because parents are
unaware of the importance of the procedure for birth registration.

29. In light of article 7 of the Convention, the
Committee recommends that the State party develop more widespread awareness
among the population of the importance of birth registration and improve the
registration system so that it reaches all people, in particular those in rural
areas.

Torture, or other cruel, inhuman or degrading
treatment or punishment

30. The Committee is deeply disturbed by information
that violence against children is increasing. In particular, it notes with great
concern that many children fear for their lives because they are continually
threatened and are victims of violence, notably when they are living and/or
working in the street but also when they are at home. Of particular concern to
the Committee is the alleged involvement of the State Civil Police in some of
the alleged cases of violence and the lack of proper investigation of these
cases by Guatemalan authorities.

31. The Committee recommends that the State party
take, as a matter of the highest priority, all the necessary steps to prevent
these serious violations of children's rights and to ensure that they are
properly investigated and that those responsible are brought to justice. In
light of article 39, the Committee also invites the State party to take all
appropriate measures to ensure the physical and psychological recovery and
social reintegration of child victims of torture and/or ill-treatment and to
provide adequate compensation. The State party is invited to seek international
cooperation in this regard.

5. Family environment and
alternative care

Parental responsibilities

32. The development of initiatives such as the Plan of
Action for Social Development and Peacebuilding 1996-2000, which had among its
priorities the strengthening of the family, schooling for parents and the
Comprehensive Care Programme for Children under Six (PAIN), are positive
measures in line with the Committee's recommendation (ibid., para. 38). The
Committee is, however, concerned that such programmes have had little impact in
view of the number of children and parents who need this support.

33. In light of article 18 of the Convention, the
Committee reiterates its recommendation that the State party improve social
assistance to families to help them with their child-rearing responsibilities,
including through counselling and community-based programmes, as a means of
reducing the number of children in institutional care. The Committee recommends
that the State party seek international assistance from, among others,
UNICEF.

Adoption

34. The Committee notes with deep concern that there
was no follow-up to its recommendations (ibid., para. 34) to introduce measures
to monitor and supervise the system of adoption effectively and to consider
ratifying the Hague Convention on Protection of Children and Cooperation in
Respect of Intercountry Adoption of 1993. Concern is expressed at the extremely
high rates of intercountry adoptions, at adoption procedures not requiring
authorization by competent authorities, at the absence of follow-up and, in
particular, at reported information on sale and trafficking in children for
intercountry adoptions. It is also noted that several drafts of adoption laws
have been pending in Congress but never adopted.

35. In light of article 21 of the Convention and in
line with the recommendations of the Special Rapporteur on the sale of children,
child prostitution and child pornography (see E/CN.4/2000/73/Add.2) and of the
United Nations Verification Mission in Guatemala (MINUGUA), the Committee
strongly recommends that the State party suspend adoptions in order to take the
adequate legislative and institutional measures to prevent the sale and
trafficking of children and to establish an adoption procedure which is in full
compliance with the principles and provisions of the Convention. It further
reiterates its recommendation to ratify the Hague Convention on Protection of
Children and Cooperation in Respect of Intercountry Adoption of 1993.

Abuse and neglect

36. The adoption of the Act on the Prevention,
Punishment and Eradication of Domestic Violence in 1996, the creation of CONACMI
and the conducting of national campaigns against child abuse are positive
measures in line with the Committee's recommendation (ibid., para. 33).

However, concern is expressed at the lack of data and
appropriate measures, mechanisms and resources to prevent and combat domestic
violence, including child physical and sexual abuse, and neglect and at the
limited number of services for abused children, in particular in rural
areas.

37. In light of article 19 of the Convention, the
Committee recommends that the State party undertake studies on domestic
violence, ill-treatment and abuse, including sexual abuse, in order to
understand the extent, scope and nature of these practices, adopt and
effectively implement adequate measures and policies, and encourage changes in
attitudes. The Committee also recommends that cases of domestic violence and
ill-treatment and abuse of children, including sexual abuse within the family,
be properly investigated within a child-sensitive inquiry and judicial procedure
in order to ensure better protection of child victims, including the protection
of their right to privacy. Measures should also be taken to provide support
services to children in legal proceedings, and for the physical and
psychological recovery and social reintegration of the victims of rape, abuse,
neglect, ill-treatment and violence, in accordance with article 39 of the
Convention. The Committee recommends that the State party seek, in this regard,
international cooperation and technical assistance from, among others, UNICEF
and WHO.

6. Basic health and
welfare

Children with disabilities

38. The Committee, while taking note of the Act on the
Provision of Services for Persons with Disabilities of 1996 and the
establishment of a National Network for Support to Disabled Persons which has
also established departmental links in the interior of the country, is
nevertheless concerned that discrimination against children with disabilities
still occurs and that parents are often unaware of their children's rights.
Further, it is concerned about the huge number of children with disabilities who
are institutionalized and the general lack of resources and specialized staff
for these children.

39. In light of article 23 of the Convention, the
Committee recommends that the State party undertake measures to ensure that the
situation of children with disabilities is monitored in order to effectively
assess their situation and needs, and to conduct public awareness campaigns in
all languages, in particular indigenous ones, to raise awareness of the
situation and rights of children with disabilities. It further recommends that
the State party allocate the necessary resources for programmes and facilities
for all children with disabilities, especially those living in rural areas, and
develop community-based programmes to enable them to stay at home with their
families. Also, support programmes for parents of children with disabilities are
recommended, including counselling and, when necessary, financial assistance. In
light of the Standard Rules on the Equalization of Opportunities for Persons
with Disabilities (General Assembly resolution 48/96) and the Committee's
recommendations adopted at its day of general discussion on "The rights of
children with disabilities" (see CRC/C/69), it is also reiterated (ibid., para.
38) that the State party should further encourage the integration of disabled
children into the regular educational system and their inclusion in society,
including by providing special training to teachers and by making schools more
accessible. The Committee recommends that the State party seek technical
assistance from, among others, WHO.

Health and health services

40. Measures such as the launching of a Comprehensive
Health Care System (SIAS), the Friendly Hospitals initiative, a national plan
for the reduction of maternal and perinatal mortality and a national mother and
child programme are positive steps. However, the Committee is concerned that the
health standard of the children living in Guatemala, especially children living
in the rural areas and in poor urban areas, is inadequate. It notes in
particular the high infant mortality rates due, inter alia, to nutritional
deficiencies, lack of sanitation facilities and limited access to preventive and
curative health services, with wide differences between urban and rural areas
and between the different ethnic groups; the Committee also notes the high
maternal mortality rates, due largely to a high incidence of illegal
abortion.

41. In light of article 24 of the Convention, the
Committee recommends that the State party allocate appropriate resources and
develop comprehensive policies and programmes to improve the health situation of
all children without discrimination, in particular by focusing more on
primary-level care and decentralizing the health-care system. In particular, to
prevent child mortality and morbidity and to address the high maternal mortality
rate, the Committee recommends the provision of adequate antenatal and postnatal
health-care services and the development of campaigns to provide parents with
basic knowledge about child health and nutrition, the advantages of
breastfeeding, hygiene and environmental sanitation, family planning and
reproductive health. The Committee encourages the State party to look to
international cooperation for the full and efficient implementation of the
immunization programme. Further, it recommends to the State party to seek
technical assistance from, among others, WHO, UNICEF and UNFPA.

Malnutrition

42. The Committee notes that the State party has
implemented a number of food and nutrition programmes for children in schools
such as the "Happy Heart" programme, as also recommended (ibid., para. 36).
However, by noting the high rates of both chronic and severe malnutrition still
affecting in particular children under five in rural areas, especially those
belonging to indigenous groups, the Committee expresses its deep concern that
there are no governmental policies to reduce and combat malnutrition among
babies and children under five.

43. The Committee reiterates its recommendation that
the State party develop a comprehensive nutritional programme in order to
prevent and combat malnutrition, in particular among children under five (ibid.,
para. 36), and assess the impact of the programme on those affected, with a view
eventually to improving its effectiveness. The Committee recommends that the
State party seek international cooperation from, among others, UNICEF and
WHO.

Adolescent health

44. The Committee expresses its concern regarding the
high rates of early pregnancy, the rise in the number of children and youths
using drugs, the increase in cases of sexually transmitted diseases (STDs), in
particular syphilis, and the growing number of cases of HIV/AIDS among youths.
Further, it notes the limited availability of programmes and services in the
area of adolescent health, including mental health, and the lack of sufficient
prevention and information programmes in schools, especially on reproductive
health.

45. The Committee recommends that the State party
increase its efforts to promote adolescent health policies, including mental
health, particularly with respect to reproductive health and substance abuse,
and strengthen the programme of health education in schools. The Committee
further suggests that a comprehensive and multidisciplinary study be undertaken
to understand the scope of adolescent health problems, including the negative
impact of STDs and HIV/AIDS, in order to be able to develop adequate policies
and programmes. It is also recommended that the State party undertake further
measures, including the allocation of adequate human and financial resources, to
evaluate the effectiveness of training programmes in health education, in
particular as regards reproductive health, and to develop youth-sensitive and
confidential counselling, care and rehabilitation facilities that are accessible
without parental consent when this is in the best interests of the child. The
Committee encourages the State party to seek additional technical cooperation
from, among others, UNFPA, UNICEF, WHO and UNAIDS.

7. Education, leisure and cultural
activities

Education

46. While noting with appreciation the number of
national efforts undertaken to extend the coverage and improve the quality of
the school system, particularly at the pre-school and primary levels and with
special attention paid to girls, the Committee is nevertheless concerned about
the high repetition and drop-out rates, the high pupil-teacher ratio and the
high incidence of absenteeism, truancy and over-age pupils. Further, it notes
with concern that bilingual education is offered only in a limited number of
indigenous languages and only at pre-school level and in the first three grades
of primary schooling.

47. In light of articles 28 and 29 of the Convention,
the Committee recommends that the State party undertake appropriate measures to
increase budgetary allocations for education, ensure regular attendance at
schools and the reduction of drop-out rates, and strengthen the quality of
education in order to achieve the goals stated in article 29.1, in line with the
Committee's General Comment No. 1 on the aims of education (CRC/C/GC/2001/1). It
also reiterates its recommendation (ibid., para. 37) that the State party should
continue to strengthen the teacher training programme in order to increase the
number of trained teachers and improve the quality of teaching and the bilingual
education programme. In this respect, the Committee encourages the State party
to seek additional technical cooperation from, among others, UNESCO and
UNICEF.

8. Special protection
measures

Children affected by armed conflict

48. The Committee notes that the State party launched
an action plan for the psychological rehabilitation of children affected by the
armed conflict based on a preventive programme with community participation, as
previously recommended by the Committee (ibid., para. 39). However, it expresses
its concern at the lack of professional staff prepared to work in these
communities and at the insufficient number of services to meet demand. It also
notes with concern that a large number of children were internally displaced or
forcibly disappeared during the armed conflict and that the State party did not
investigate these disappearances effectively.

49. In light of article 39 of the Convention, the
Committee recommends that the State party consider complying with the
recommendations of the Truth Commission regarding a national reparation
programme that would also include children affected by the internal armed
conflict, and that it effectively investigate all cases of children who were
forcibly disappeared by allocating human and financial resources to and
cooperating with the National Commission for Searching for Disappeared Children.
Further, the Committee recommends that the State party strengthen its efforts to
implement the Programme to Support Resettlement of Displaced Groups and to
ensure adequate protection to internally displaced children, paying special
attention to the problem of lack of identification papers. The Committee
encourages the State party to continue its international cooperation programmes
with, among others, UNDP, UNHCR and UNCHS (Habitat).

Economic exploitation

50. With regard to its recommendation on child labour
(ibid., para. 39), the Committee takes note of the measures taken by the State
party such as the signing in 1996 of a memorandum of understanding with ILO for
the adoption of the International Programme on the Elimination of Child Labour
(IPEC). However, it expresses its deep concern at the large number of children
who are still exploited economically, in particular those under 14 years of
age.

51. In light of article 32 of the Convention and in
line with its previous recommendation (ibid., para. 41), the Committee
reiterates that the State party should continue to enforce and strengthen its
legislation protecting working children and to combat and eradicate as
effectively as possible all forms of child labour, in cooperation with ILO/IPEC.

Sexual exploitation

52. While noting that the National Plan against Sexual
and Commercial Exploitation is in the final stages of elaboration, the Committee
expresses its deep concern that, with regard to the increasing phenomenon of
commercial sexual exploitation of children, in particular girls, there are no
data available, legislation is inadequate, cases involving sexually exploited
children are often not investigated and prosecuted, and no rehabilitation
programmes are available.

53. In light of article 34 of the Convention and in
line with the recommendations of the Special Rapporteur on the sale of children,
child prostitution and child pornography (see E/CN.4/2000/73/Add.2), the
Committee recommends that the State party expedite the adoption of the National
Plan against Sexual and Commercial Exploitation, taking into account the Agenda
for Action adopted at the World Congress against Commercial Sexual Exploitation
of Children and undertake a study on this issue in order to understand its scope
and causes, to enable effective monitoring of the problem and to develop the
necessary measures and programmes to prevent, combat and eliminate it. The
Committee invites the State party to seek international cooperation in this
regard.

Children living in the streets

54. The Committee expresses its concern at the
significant number of children living in the streets and notes that assistance
to these children is provided mainly by non-governmental organizations. In light
of article 6 of the Convention, serious concern is expressed at allegations of
rape, ill-treatment and torture, including murder for the purpose of "social
cleansing", of children living in the streets.

55. The Committee recommends that the State party
expedite the adoption of a National Plan for the Care of Street Children and
ensure that children living in the streets are provided with nutrition,
clothing, housing, health care and educational opportunities, including
vocational and life-skills training, in order to support their full development.
Moreover, the State party should ensure that these children are provided with
rehabilitation services for physical, sexual and substance abuse; protection
from police brutality; and services for reconciliation with their families. The
Committee encourages the State party to seek additional international
cooperation from, among others, UNICEF and WHO.

Juvenile justice

56. The Committee expresses its serious concern that
its previous recommendation encouraging the reform of the juvenile justice
system to ensure its full compatibility with the principles and provisions of
the Convention (CRC/C/15/Add.58, para. 40) has not yet been implemented because
of the postponement of the entry into force of the Children and Adolescent Code
of 1996. In particular, it reiterates its concern about the doctrine of
"irregular situation" and notes that legal assistance for children is not
mandatory and that the presence of a translator for indigenous children is not
required. Concern is also expressed at the long periods of pre-trial detention
and at poor conditions in detention centres, at the fact that children with no
prior criminal record are held together with children with a criminal record and
that inadequate education, rehabilitation and reintegration programmes are
provided during the detention period.

57. In line with its own previous recommendation and
with that of the Special Rapporteur on the independence of judges and lawyers
(see E/CN.4/2000/61/Add.1), the Committee recommends that the State party
continue reviewing its law and practices regarding the juvenile justice system
in order to bring it as soon as possible into full compliance with the
Convention, in particular articles 37, 40 and 39, as well as with other relevant
international standards in this area, such as the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and
the United Nations Guidelines for the Prevention of Juvenile Delinquency (the
Riyadh Guidelines), and that it expedite the adoption of the Children and
Adolescents Code of 1996 which guarantees due process of law for children and
social and educational correctional measures. In particular, the Committee
reminds the State party that juvenile offenders should be dealt with without
delay, in order to avoid periods of incommunicado detention, and that pre-trial
detention should be used only as a measure of last resort, should be as short as
possible, and should be no longer than the period prescribed by law. Alternative
measures to pre-trial detention should be used whenever possible.

58. With reference to children deprived of their
liberty, the Committee recommends that the State party incorporate into its
legislation and practices the United Nations Rules for the Protection of
Juveniles Deprived of Liberty, in particular to guarantee them access to
effective complaints procedures covering all aspects of their treatment, and
take appropriate rehabilitative measures to promote the social reintegration of
the children involved in the juvenile justice system. Finally, the Committee
recommends that the State party seek assistance from, among others, OHCHR, 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.

Optional Protocols

59. The Committee encourages the State party to ratify
and implement the 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.

9. Dissemination of documentation

60. Finally, the
Committee recommends that, in light of article 44, paragraph 6, of the
Convention, the second periodic report and the 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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