Distr.

GENERAL

CRC/C/15/Add.94
26 October 1998

Original: ENGLISH

Concluding observations of the
Committee on the Rights of the Child : Iraq.
26/10/98.

CRC/C/15/Add.94.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE CHILD

Nineteenth
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: Iraq

1. The Committee considered the initial report of Iraq (CRC/C/41/Add.3) at
its 482nd to 484th meetings (CRC/C/SR.482-484), held on 23 and 24 September
1998, and adopted* the following concluding observations.

* At the 505th meeting, held on 9 October 1998.

A. Introduction

2. The Committee welcomes the submission of the State party's initial report
and the written replies to its list of issues (CRC/C/Q/IRAQ/1). It nevertheless
regrets that the report did not follow the guidelines established by the
Committee. The Committee notes the constructive dialogue it had with the
delegation of the State party and the replies it received from the delegation
during the discussion.

B. Positive aspects

3. The Committee takes note of the fact that the Convention is self-executing
within the State party and that its provisions may be invoked before the courts.

4. The Committee takes note of the development of a National Plan of Action
for Children and welcomes the programme for reproductive health implemented by
the Association for Family Planning and the Ministry of Health, as well as the
Mother and Child Unit established within the Central Statistical Office. The
Committee also welcomes the introduction of compulsory education and the
development of a programme to combat illiteracy within the State party.

C. Factors and difficulties impeding the implementation
of the Convention

5. In the light of General Comment No. 8 adopted by the Committee on
Economic, Social and Cultural Rights (1997) and Decision 1998/114 of the
Sub-Commission on Prevention of Discrimination and Protection of Minorities, the
Committee notes that the embargo imposed by the Security Council has adversely
affected the economy and many aspects of daily life, thereby impeding the full
enjoyment by the State party's population, particularly children, of their
rights to survival, health and education. The Committee also notes that the
northern territory is currently not administered by the State party authorities;
consequently, the lack of information relevant to the implementation of the
Convention on the Rights of the Child in that area is a matter of concern to the
Committee.

D. Subjects of concern and Committee
recommendations

6. The Committee notes with concern the reservation to article 14.1 made by
the State party upon ratification of the Convention. In the light of the Vienna
Declaration and Programme of Action (1993), the Committee encourages the State
party to consider the possibility of reviewing the reservation with a view to
its withdrawal.

7. While the Committee notes that the State party has developed a substantive
legislative framework, it is still concerned that the provisions and principles
of the Convention are not fully reflected in law. The Committee recommends that
the State party take all appropriate measures to engage, where necessary, in a
process of law reform, for example, by enacting a children's code to ensure full
compliance with the Convention.

8. The Committee is concerned at the need to strengthen law enforcement in
all areas covered by the Convention. It suggests that the State party consider
the introduction of a number of policies and programmes that guarantee law
enforcement and implementation of the existing legislation through adequate
services, remedies and rehabilitation programmes, when appropriate within the
framework of international cooperation.

9. While the Committee notes that the Child Welfare Authority, the
institution responsible for the implementation of the Convention, enjoys support
at the highest official level and is located in the office of the President, it
remains concerned at its limited powers. The Committee recommends that the State
party seek to strengthen the Child Welfare Authority by increasing its budgetary
allocations, as well as its power and authority to implement the Convention.

10. With regard to coordination of programmes and policies, the Committee is
concerned at the insufficient coordination between the different bodies and
agencies working with and for children. The Committee recommends that further
steps be taken by the State party to strengthen coordination between the various
government bodies involved in children's rights at both the national and local
levels and that greater efforts be made to ensure closer cooperation with
non-governmental organizations working in the field of children's rights.

11. The Committee expresses concern at the absence of an independent
mechanism to register and address complaints from children concerning violations
of their rights under the Convention. The Committee recommends that an
independent mechanism be made accessible to children to deal with complaints of
violations of their rights and to provide remedies for such violations.

12. While the Committee notes the establishment and expansion of the Mother
and Child Unit within the Central Statistical Office, it is still concerned that
no adequate measures have been taken for the development of indicators and the
systematic collection of disaggregated quantitative and qualitative data on the
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. The Committee recommends that the system of
data collection be reviewed with a view to incorporating all the areas covered
by the Convention. Such a system should include all children, with specific
emphasis on vulnerable ones, including those who are victims of abuse or
ill-treatment, child workers, children involved with the administration of
juvenile justice, the girl child, children of single-parent families and
children born out of wedlock, abandoned and/or institutionalized children, and
children with disabilities. The Committee recommends that the State party
consider seeking technical assistance from, inter alia, UNICEF in the
development of such a data collection system.

13. In the light of article 4 of the Convention, the Committee is concerned
that insufficient attention has been paid to allocating budgetary resources in
favour of children "to the maximum extent ... available ... and, where needed,
within the framework of international cooperation". It recommends the State
party to prioritize budgetary allocation to ensure the protection of the
economic, social and cultural rights of children, especially taking into account
articles 2, 3 and 4 of the Convention. In this regard, the Committee also
recommends that the State party seek to eliminate the disparities between urban
and rural areas and between provinces.

14. The Committee notes that professional groups, children and the public at
large are not sufficiently aware of the Convention and its principles. The
Committee recommends that greater efforts be made to ensure that the principles
and provisions of the Convention are widely known and understood by adults and
children alike. In this regard, it is recommended that efforts be made to
translate the Convention into all minority languages. The Committee also
recommends that systematic training and retraining programmes on the rights of
the child, as well as in the areas of international human rights and
humanitarian law, be organized for professional groups working with and for
children, such as judges, lawyers, law enforcement personnel, military officers
and personnel, teachers, school administrators, health personnel, including
psychologists, social workers, central or local administration officials and
personnel of child-care institutions. Systematic dissemination of the principles
and provisions of the Convention to non-governmental organizations, the mass
media and the public at large, including children themselves, should be
enhanced. The Committee suggests that the State party incorporate the Convention
in school and university curricula. In this regard, the Committee also suggests
that the State party consider seeking technical assistance from, inter
alia, the Office of the High Commissioner for Human Rights, the
International Committee of the Red Cross and UNICEF.

15. In the light of the provisions and principles of the Convention,
especially the principles of the best interests of the child (art. 3) and the
right to life, survival and development (art. 6), the Committee is deeply
concerned at the early legal minimum age of voluntary enlistment into the armed
forces. It recommends that the State party raise the legal minimum age of
voluntary enlistment into the armed forces in the light of international human
rights and humanitarian law.

16. The Committee wishes to express its concern that the State party does not
appear to have fully taken into account the provisions of the Convention,
especially its general principles, as reflected in its articles 2
(non-discrimination), 3 (best interests of the child), 6 (right to life,
survival and development) and 12 (respect for the views of the child), in its
legislation, its administrative and judicial decisions, or in its policies and
programmes relevant to children. It is the Committee's view that further efforts
must be undertaken to ensure that the general principles of the Convention guide
policy discussions and decision-making, and are appropriately reflected in any
legal revision and in judicial and administrative decisions, as well as in the
development and implementation of all projects and programmes which have an
impact on children.

17. The Committee is concerned that the welfare policies and practices
prevailing in the State party do not adequately reflect the rights-based
approach enshrined in the Convention. In this regard, the Committee also notes
that the principle of non-discrimination (art. 2) is reflected in the
Constitution and in other domestic legislation. However it is concerned that
domestic legislation does not explicitly prohibit discrimination on the basis of
national or ethnic origin, political or other opinion, and disability. Though
Iraqi legislation prohibits discrimination on the basis of sex, the Committee is
concerned that in practice there are still disparities between boys and girls,
particularly with respect to inheritance rights and the right to education. The
Committee encourages the State party to take all appropriate measures, including
legislative measures, to ensure non-discrimination at all levels of society and
to encourage equality between boys and girls. In this regard, the Committee
further recommends that additional measures be taken to ensure the school
enrolment of girls, especially in rural areas, and to reduce their drop-out
rate, particularly during the compulsory education period.

18. The Committee expresses concern regarding the participatory rights of
children. The Committee urges the State party to encourage children to take an
active role in the promotion and implementation of the Convention. The Committee
suggests that non-governmental organizations, such as the National Federation of
Iraqi Students and Youth, be given a more significant role in promoting the
Convention.

19. The Committee is further concerned that in the light of the State party's
legislation regarding citizenship, nationality may only be obtained by a child
from his/her Iraqi father, except in cases where the father is unknown or
stateless. The Committee recommends that domestic legislation be amended to
guarantee that the acquisition of Iraqi nationality is determined in the light
of the provisions and principles of the Convention, especially articles 2, 3 and
7.

20. In the light of article 19 of the Convention, the Committee expresses its
concern that corporal punishment is not expressly prohibited in domestic
legislation. The Committee recommends that the State party take all appropriate
measures, including of a legislative nature, with the aim of prohibiting
corporal punishment at all levels of society. The Committee also suggests that
awareness-raising campaigns be conducted to ensure that alternative forms of
discipline are administered in a manner consistent with the child's human
dignity and in conformity with the Convention, especially article 28.2.

21. The Committee is concerned at the insufficient awareness of, lack of
information on and societal attitude toward ill-treatment and abuse, including
sexual abuse, both within and outside the family, the insufficient legal
protection measures and appropriate resources, both financial and human, as well
as the lack of adequately trained personnel to prevent and combat such abuse. In
the light of article 19 of the Convention, the Committee recommends that the
State party undertake studies on ill-treatment and abuse, including sexual
abuse, and adopt adequate measures and policies, with a view to, inter
alia, changing traditional attitudes. It also recommends that cases of abuse
and ill-treatment of children, including sexual abuse within the family, be
properly investigated, sanctions applied to perpetrators and publicity given to
decisions taken in such cases, due regard being given to protecting the right to
privacy of the child. Further measures should be taken with a view to ensuring
the provision of support services to children in legal proceedings, the physical
and psychological recovery and social reintegration of the victims of rape,
abuse, neglect, ill-treatment, violence or exploitation, in accordance with
article 39 of the Convention, and the prevention of criminalization and
stigmatization of victims.

22. The Committee notes with grave concern the deteriorating health situation
of children, particularly the high and increasing infant and child mortality
rates and serious long-term malnutrition, aggravated by poor breastfeeding
practices and common childhood diseases. The Committee encourages the State
party to develop comprehensive policies and programmes to promote and improve
breastfeeding practices, to prevent and combat malnutrition, especially in
vulnerable and disadvantaged groups of children, and to consider technical
assistance for the integrated management of childhood illnesses and other
measures for child health improvement from, inter alia, UNICEF and WHO.

23. The Committee is particularly concerned over the absence of data on
adolescent health, including on teenage pregnancy, abortion, suicide, violence
and substance abuse. The Committee recommends that the State party promote
adolescent health policies and the strengthening of reproductive health
education and counselling services. The Committee further suggests that a
comprehensive and multidisciplinary study be undertaken on adolescent health
problems. The Committee also recommends that further efforts, both financial and
human, be undertaken to develop child-friendly, prevention, care and
rehabilitation facilities for adolescents.

24. The Committee expresses concern regarding the availability of facilities
and services for persons with disabilities, including children. In the light of
the Standard Rules on the Equalization of Opportunities for Persons with
Disabilities (General Assembly resolution 48/96), the Committee recommends that
the State party develop early identification programmes to prevent disabilities,
implement alternatives to the institutionalization of children with
disabilities, envisage awareness-raising campaigns to reduce discrimination
against children with disabilities, establish special education programmes for
children with disabilities and encourage their inclusion in the regular school
system and society. The Committee further recommends that the State party seek
technical cooperation for the training of parents and professional staff working
with and for children with disabilities. International cooperation from,
inter alia, UNICEF and WHO can be sought to this effect.

25. In the light of the recent economic conditions in the State party, the
Committee is also concerned at the number of children leaving school prematurely
to engage in labour, particularly girls. The Committee recommends that all
appropriate measures be taken to provide equal access to education, encourage
children, particularly girls, to stay in school and discourage early entry into
the labour force.

26. The Committee notes with concern that the economic exploitation of
children has increased dramatically in the past few years and that an increasing
number of children are leaving school, sometimes at an early age, to work to
support themselves and their families. In this regard, the Committee is also
concerned about the existing gap between the age at which compulsory education
ends (12 years old) and the minimum legal age for access to employment (15 years
old). The Committee recommends that research be carried out on the situation
with regard to child labour in the State party, including the involvement of
children in hazardous work, to identify the causes and the extent of the
problem. Legislation protecting children from economic exploitation should also
cover the informal labour sector. The Committee further suggests that the State
party consider raising the age at which compulsory education ends to coincide
with the minimum legal age for employment.

27. The Committee notes with concern the situation of children living and/or
working on the streets, particularly as it relates to economic and sexual
exploitation. In this regard, the Committee encourages the State party to
increase preventive measures and its efforts to ensure the rehabilitation and
reintegration of these children.

28. While taking into consideration the efforts made by the State party, the
Committee notes with concern the situation with respect to landmines, and the
threat they pose to the survival and development of children. The Committee
stresses the importance of educating parents, children and the general public
about the dangers of landmines and of implementing rehabilitation programmes for
victims of landmines. The Committee recommends that the State party review the
situation with respect to landmines within a framework of international
cooperation, including from United Nations agencies. The Committee further
suggests that the State party become a party to the Convention on the
Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel
Mines and of Their Destruction (1997).

29. The Committee is concerned at the situation with respect to the
administration of juvenile justice and in particular its incompatibility with
the Convention, as well as other relevant United Nations standards. The
Committee recommends that the State party consider taking additional steps to
reform the system of juvenile justice in the spirit 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.
Particular attention should be paid to considering deprivation of liberty only
as a measure of last resort and for the shortest possible period of time, to the
protection of the rights of children deprived of their liberty, to due process
of law and to the full independence and impartiality of the judiciary. Training
programmes on relevant international standards should be organized for
professionals involved with the system of juvenile justice. The Committee
suggests that the State party consider seeking technical assistance from,
inter alia, the Office of the United Nations High Commissioner for Human
Rights, the Centre for International Crime Prevention, the International Network
on Juvenile Justice and UNICEF, through the Coordination Panel on Technical
Advice and Assistance in Juvenile Justice.

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

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