Distr.

GENERAL

CRC/C/15/Add.147
21 February 2001

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : Lesotho.
21/02/2001.

CRC/C/15/Add.147.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC
COMMITTEE ON THE RIGHTS OF THE CHILD
Twenty-sixth 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

Lesotho

1. At its 685th and 686th meetings (see
CRC/C/SR.685-686), held on 18 January 2001, the Committee on the Rights of the
Child considered the initial report of Lesotho (CRC/C/11/Add.20), which was
received on 27 April 1998, and adopted At the 697th meeting, held on 26 January
2001.

A. Introduction

2. The Committee welcomes the submission of the State
party's initial report, which followed the established guidelines. The Committee
also takes note of the written replies to its list of issues (CRC/C/Q/LES/1).
The Committee is encouraged by the dialogue with the State party and notes the
presence of a large delegation, but would have liked the delegation to include
more persons directly involved in the implementation of the Convention.

B. Positive
aspects

3. The Committee notes the efforts undertaken by the
State party to ensure that the principles and provisions of the Convention are
widely known. In particular, the Committee notes the State party's recent
support to the initiative to translate the Convention into Sesotho and to work
in cooperation with the local media to encourage the broadcasting of programmes
on child rights and the Convention in local languages in various regions of the
country.

4. The Committee notes the development of numerous
policies and strategies, including the "Vision 2020 initiative", by the State
party, addressing, inter alia, the rights of children with disabilities, anti-poverty, the
rights of youth, HIV/AIDS, early childhood care and development, and a draft
reproductive health strategy.

5. The Committee appreciates the State party's
initiatives in the education sector and particularly the introduction of free
education from 2000 for children commencing Grade One. In this context, the
Committee also welcomes the State party's new education policy, which is aimed
at promoting and enhancing the quality of basic education by improving the level
of teacher training, the pupil-teacher ratio and the coordinated management of
schools.

6. The Committee notes the "adolescent health corner"
initiatives at the regional level, providing access to health care for
adolescents.

7. The Committee welcomes the recent ratification by
Lesotho of ILO Convention No. 138 concerning the Minimum Age for Admission to
Employment.

C. Factors and difficulties
impeding the implementation of the Convention

8. The Committee acknowledges that the economic and
social difficulties facing the State party and the human rights situation in
general have had, and still have, a negative impact on the situation of children
and are impeding the full implementation of the Convention. In particular, the
Committee notes the impact of the increasing level of poverty, very high
unemployment and the emigration of professionals on children. The Committee
further notes that the impact of HIV/AIDS also adversely affects the full
implementation of the Convention.

D. Subjects of concern and
Committee recommendations

D.1. General measures of
implementation

Legislation

9. While noting the recent efforts made, the Committee
remains concerned that domestic legislation does not fully reflect the
principles and provisions of the Convention and that several recent efforts to
amend domestic legislation have yet to be adopted. The Committee notes, in
particular, that the Convention is not directly applied in the State party and
that, as a consequence, where there are inconsistencies between domestic
legislation and international standards, domestic legislation prevails. The
Committee notes, further, that customary law continues to be applied in many
situations and is sometimes in contradiction with the principles and provisions
of the Convention. The Committee notes the recent activities of the Law Reform
Committees, resulting in, inter
alia, the Married Persons Equality Bill and
the Sexual Offences Bill, but remains concerned that their work is hindered by a
lack of human and financial resources.

10. The Committee recommends that the State party
ensure that ongoing customary law practices are in conformity with the
Convention. The Committee recommends that the State party continue its efforts
to adopt new, or to amend, legislative instruments, to implement the Committee's
proposal that it undertake a review of all of its legislation and consider the
enactment of a comprehensive child rights statute, with a view to ensuring the
full conformity of domestic legislation with the principles and provisions of
the Convention. The Committee also recommends that the State party expedite the
approval of draft bills and provide the necessary financial and human resources
for the full implementation of new legislation. The Committee further recommends
that the State party continue to support and strengthen the work of the Law
Reform Committees. Finally, the Committee recommends that the State party seek
technical assistance from, inter
alia, the Office of the High Commissioner for
Human Rights and UNICEF.

Coordination and implementation

11. Although the Ministry for Development and Planning
coordinates the implementation of programmes and policies in general, the
Committee is concerned about the lack of a structure in the State party with the
appropriate authority, profile and resources for coordinating the implementation
of the Convention. The Committee is concerned, further, at significant regional
disparities in implementation, with a high concentration of services provided in
Maseru the capital city, in contrast with a much weaker provision of services in
more rural areas.

12. The Committee recommends the establishment of
governmental mechanisms for the coordination of the implementation of the
Convention, with the necessary authority and human and financial resources to
perform such a coordinating role in an effective and efficient manner. The
Committee recommends, in addition, that attention be given to strengthening
coordination with, and between, NGOs working towards the Convention's
implementation. The Committee recommends, further, that the State party make
every effort to ensure more equal implementation of the Convention throughout
the State party.

Monitoring

13. The Committee notes that the establishment of an
independent human rights commission was approved by the Government in 1995 but
that this commission is not yet operational and that the State party remains
without an independent mechanism to monitor the implementation of human rights
standards, including children's rights. The Committee expresses its concern, in
particular, at the absence of mechanisms in the State party through which
children, as well as adults, can make complaints of human rights violations or
other abuses.

14. The Committee recommends that the State party
proceed rapidly with the establishment of the Human Rights Commission. The
Committee recommends, further, the establishment of an independent monitoring
body with responsibility for monitoring implementation of the Convention, in
accordance with the Paris principles, either as part of the Human Rights
Commission or as a separate body, such as a children's ombudsperson. The
Committee recommends that consideration also be given to providing a mechanism
through which children can make complaints of abuses of their rights.

Data collection

15. The Committee joins the State party in expressing
concern that current data collection mechanisms are insufficient to ensure the
systematic and comprehensive collection of disaggregated quantitative and
qualitative data for all areas covered by the Convention and in relation to all
groups of children, with a view to the monitoring and evaluation of progress
achieved and the assessment of the impact of policies adopted with respect to
children.

16. The Committee recommends that the system of data
collection be reviewed and substantially strengthened with a view to
incorporating all the areas covered by the Convention. The data collection
system should cover all children up to the age of 18 years and should include
information in respect of the rights of, inter
alia, children with disabilities, children of
ethic minority groups, girls, children living in rural areas, children living in
poverty, children living and/or working on the street, refugee and
asylum-seeking children, children in the juvenile justice system, children of
single-parent families, children born out of wedlock, children born of
incestuous relations, sexually abused children and institutionalized children.
The Committee recommends that the State party seek technical cooperation in this
area from, inter alia, UNICEF.

Budgetary and other resources

17. The Committee is concerned that the State party
has not used to the maximum extent possible the available budgetary, human and
other resources for the Convention's implementation.

18. In the light of article 4, the Committee
recommends that the State party make every effort to increase the proportion of
the budget allocated to children's rights and, in this context, to ensure the
provision of appropriate human resources and that the implementation of child
policies are a priority.

NGOs and international cooperation

19. The Committee joins with the State party in
expressing concern at the need for additional technical assistance and
international cooperation. The Committee is concerned that civil society,
including NGOs, have insufficient opportunities to influence children's rights
policy making and implementation. The Committee is concerned, further, that
children do not have sufficient opportunities to participate in this
process.

20. The Committee recommends that the State party
continue and strengthen its efforts to seek technical assistance and other forms
of international cooperation, including from international NGOs, towards
implementation of the Convention. The Committee recommends that the State party
continue and strengthen its support to national NGOs. The Committee recommends,
further, that children be provided with more opportunities to participate in the
work of NGOs.

Dissemination and training on the Convention

21. The Committee is deeply concerned at the
emigration of professionals essential not only for the State party's development
but also for implementation of the rights of children. The Committee is also
concerned that there is insufficient awareness of the principles and provisions
of the Convention among the remaining professionals working for and with
children and among the public at large.

22. The Committee recommends that the State party
pursue and strengthen its ongoing efforts to encourage professionals to remain
in the State party, particularly those professionals working with and for
children. The Committee recommends that the State party provide child rights
training for all relevant professional groups, including parliamentarians,
judges, lawyers, chiefs, law enforcement personnel, teachers, school
administrators, health professionals including psychologists, social workers,
officials of central or local administration, and personnel of child-care
institutions. The Committee recommends, in addition, that the State party
strengthen efforts to raise awareness of the Convention among children, parents,
the media and the public at large, including in rural areas. In this regard, the
Committee encourages the State party to continue its efforts to make the
Convention available in Sesotho. The Committee recommends, finally, that the
State party make efforts to raise awareness and discussion among the public with
regard to economic, social and cultural rights, in the context of improved
implementation of all of the Convention's provisions.

D.2. Definition of the
Child

23. The Committee notes with concern the lack of
clarity in the definition of the child due to the fact that on the one hand the
child is defined as a person under18 years of age while on the other hand the
age of majority still remains 21. The Committee is similarly concerned by the
different minimum legal ages for marriage, the absence of a defined minimum age
of sexual consent for boys, the very high minimum age for consulting a doctor
without parental consent and the extremely low minimum age of criminal
responsibility - currently age seven.

24. The Committee recommends that the State party
review, and amend as appropriate, existing legislation in order to harmonize the
age of majority and the overall definition of the child, to introduce one
minimum legal age for marriage, to increase the minimum age for criminal
responsibility, to address concerns related to the minimum age for consulting a
doctor without parental consent and to establish one minimum age for sexual
consent.

D.3. General
Principles

Non-discrimination

25. While noting that the principle of
non-discrimination (art. 2) is reflected in the Constitution of Lesotho as well
as in other domestic legislation, the Committee remains concerned that there
continues to be serious discrimination in the State party, which has a negative
impact on respect for children's rights and particularly on the rights of girls.
The Committee is concerned, inter
alia, that married women have the legal status
of minors and this situation can, in certain circumstances, negatively affect
respect for the rights of their children. The Committee is also concerned that
the State party has not taken measures to address discrimination against
children who are born out of wedlock, those affected by HIV/AIDS, children in
remote rural areas, children born of incestuous relationships, institutionalized
children, pregnant girls, children with disabilities, street children and
children of ethnic minority groups. The Committee is also concerned that many
children do not have adequate or equal access to education and health services,
in particular children in the vulnerable groups mentioned above. Finally, the
Committee is concerned at the difficulties and humiliation faced by mothers of
children born out of wedlock in obtaining travel documents for their
children.

26. The Committee urges the State party to strengthen
urgently its efforts to ensure full implementation of the principle of
non-discrimination, inter alia, by amending domestic legislation and increasing awareness
among the population. The Committee urges the State party to give particular
attention to ending discrimination against girls and women - in so far as this
affects respect for the rights of children - in legislation, customary law and
in practice, to address effectively discrimination against vulnerable groups of
children, inter alia, by improving their access to education and health services,
and to ensure that children born out of wedlock can obtain travel documents as
easily and quickly as all other children.

The right to be heard and the best interests of the
child

27. The Committee is concerned that some traditional
practices and attitudes can limit implementation of the right of children,
especially girls, to express their views and to participate in decision-making
processes. The Committee is also concerned that the evidence of children is not
given appropriate weight in courts of law. The Committee is concerned, further,
that the principle of the best interests of the child is not respected and that
this situation is worsened by the limited implementation of children's right to
be heard.

28. The Committee recommends that the State party take
effective measures to encourage respect for the views of the child, particularly
girls, in schools, families, and the care and judicial systems (including the
magistrature), and to promote the participatory rights of children.

D.4. Civil rights and
freedoms

Birth registration

29. The Committee is concerned at low levels of birth
registration and, in particular, that some registration procedures are
inaccessible, cumbersome and expensive.

30. The Committee recommends that all necessary
measures be taken, including through legislation, awareness raising among
government officials, community leaders and parents and the use of mobile
registration offices whenever appropriate, to ensure that all children are
registered at birth.

Corporal punishment

31. While noting that corporal punishment is
prohibited by law in schools, the Committee remains concerned that the practice
continues to be widespread in schools and in the family, in the care and
juvenile justice systems and generally in society. The Committee is concerned,
in particular, that corporal punishment of children is accepted among the public
at large.

32. The Committee recommends that the State party take
measures to implement effectively legislation prohibiting corporal punishment in
schools and in care and juvenile justice institutions, and consider prohibiting
corporal punishment in the family. The Committee recommends, in addition, that
the State party raise awareness of the negative effects of such punishment and
ensure that discipline in families, schools and all institutions is administered
in a manner consistent with the child's dignity and in conformity with the
Convention. The Committee recommends, further, that the State party promote the
use of alternative disciplinary measures, in accordance with the principles and
provisions of the Convention.

Violence

33. The Committee is extremely concerned at incidents
of violence, including beatings, committed against children by law enforcement
officials and the lack of investigation or criminal justice response to such
incidents.

34. The Committee recommends that the State party
establish an effective child-friendly complaint and investigation system to
address acts of violence committed by law enforcement or other officials against
children and to ensure that the perpetrators of such acts do not enjoy impunity.
The Committee further urges the State party to strengthen awareness of
children's rights issues within the criminal justice system.

D.5. Family environment and
alternative care

Family breakdown

35. The Committee notes with concern the reported
increase in family breakdown related to a combination of factors,
inter alia,
HIV/AIDS, household poverty, the retrenchment of migrant workers from South
Africa and increasing unemployment. The Committee is concerned that the
principle of the best interests of children is not respected by families or
customary and civil courts in the course of family breakdown and that children
in such situations are more likely to be abandoned or forced to live on the
streets. The Committee is also concerned at the difficulties experienced by
single parents, in particular single mothers, with regard to the enforcement of
child maintenance payment orders and at the growing number of child-headed
households, linked to the spread of HIV/AIDS. Finally, the Committee is
concerned that, as a result of poverty and other factors, children experiencing
family breakdown do not have access to psycho-social care.

36. The Committee recommends that the State party
clarify, strengthen and ensure implementation of its policies and legislation in
relation to family breakdown. The Committee also recommends that the State party
strengthen the enforcement of maintenance orders and pay special attention to
providing families in need with adequate support, including training and the
empowerment of parents, in order to prevent the abandonment of children. The
Committee recommends, in addition, that the State party strengthen its support
to child-headed households, particularly in the light of the spread of
HIV/AIDS.

Alternative care

37. With respect to the situation of children deprived
of a family environment, the Committee expresses its concern at the insufficient
number of alternative care facilities and the insufficient financial support
provided to existing ones. The Committee is concerned, further, at the low
standard of the living conditions in some alternative care institutions, the
inadequate monitoring of placements and the limited number of qualified
personnel in this field. The Committee is deeply concerned, in addition, that
Juvenile Training Centres are used by courts to detain children for "welfare and
education" under the Children's Protection Act No. 6 of 1980, even though these
children have not committed any criminal offence. The Committee is concerned
that some parents choose to send their children to such institutions as a way of
disciplining their children. The Committee is also concerned that such
detentions do not appear to be monitored and that the children are usually
detained with others who have been detained in the context of criminal justice
procedures.

38. The Committee recommends that the State party
develop additional programmes to strengthen its alternative care facilities, in
particular an adequate and well-supported (e.g. via special grants for foster
parents) foster care system. The Committee strongly recommends that the State
party end the practice of using the Juvenile Training Centres to detain children
as a form of alternative care. The Committee recommends, further, that the State
party develop other alternative care systems, including foster care, that it
provide additional training for social and welfare workers and establish
independent complaint and monitoring mechanisms for alternative care
institutions. The Committee recommends that the State party seek assistance in
this regard.

Adoption

39. The Committee notes that the State party has
legislation to regulate domestic adoptions but that there is de jure discrimination
against prospective parents who are African, and that the procedures are often
slow and cumbersome. It is noted that the State party has no legislation,
policies or institutions to regulate inter-country adoptions. The lack of
monitoring with respect to both domestic, including customary law adoptions, and
inter-country adoption is also a matter for concern.

40. In the light of article 21 of the Convention, the
Committee recommends that the State party introduce effective and
non-discriminatory regulatory and monitoring procedures with respect to both
domestic and inter-country adoptions, in order to

guarantee the protection of the rights of children in
this regard. The Committee further encourages the State party to consider
acceding to the 1993 Hague Convention on the Protection of Children and
Cooperation in Respect of Inter-country Adoption.

Ill-treatment, abuse and neglect

41. The Committee is concerned at the lack of measures
and mechanisms to prevent and combat ill-treatment, violence, neglect and abuse
of children, including sexual abuse. The Committee is concerned, in addition, at
the lack of appropriate financial and human resources and the lack of adequately
trained personnel to prevent and combat physical and sexual abuse. The Committee
is concerned, further, at the lack of awareness and information, including
statistical data, on these phenomena among the general public.

42. In the light of article 19, the Committee
recommends that the State party undertake studies on domestic violence,
ill-treatment and child abuse, including sexual abuse in order to understand the
scope and nature of these practices, and to adopt adequate measures and policies
to address them and to contribute to changing attitudes. The Committee also
recommends that cases of domestic violence, ill-treatment, sexual and other
abuse within the family be properly investigated through a child-friendly
judicial procedure, and that sanctions be applied to perpetrators, due regard
being given to guaranteeing the right to privacy of the child. The Committee
also recommends that appropriate weight be given to children's views in legal
proceedings, that support services be provided to child witnesses in legal
proceedings, that provision be made for the physical and psychological recovery
and social reintegration of victims of rape, abuse, neglect, ill-treatment,
violence or exploitation, in accordance with article 39 of the Convention; and
that measures be taken to prevent the criminalization and stigmatization of
victims. The Committee recommends that the State party seek technical assistance
from, inter alia, UNICEF.

D.6. Basic health and
welfare

43. The Committee notes with concern the poor health
situation of children in the State party and in particular the limited access to
basic health care for children (especially in rural and mountainous areas), high
maternal, child and infant mortality rates, low and decreasing immunization
levels, high rates of malnutrition, poor sanitation and limited access to safe
drinking water, especially in rural communities. The Committee is also concerned
at the health risks linked to male circumcision. The Committee is further
concerned at the low and decreasing number of trained health personnel,
including mental health and social welfare professionals, which is contributing
to the insufficient provision of essential services.

44. The Committee notes that the State party is
currently reviewing its Social Welfare Policy and urges the State party to
pursue its efforts to ensure that the new policy covers all groups of vulnerable
children and to ensure that the policy provides an effective basis for
addressing the challenges of, inter
alia, poverty and HIV/AIDS. The Committee
recommends that the State party allocate appropriate resources and develop
comprehensive policies and programmes to improve health infrastructure, to
increase the number of trained health and welfare, including mental health,
professionals, to improve the health situation of children, to facilitate
greater access to primary health services, to reduce the incidence of maternal,
child and infant mortality, to prevent and combat malnutrition, especially in
vulnerable and disadvantaged groups of children, and to improve access to safe
drinking water and sanitation. The Committee also recommends that the State
party address health risks associated with male circumcision. Additionally, the
Committee encourages the State party to consider requesting technical assistance
for the integrated management of childhood illnesses and for other measures for
child health improvement from, inter
alia, UNICEF and the World Health Organization
(WHO).

Adolescent health and HIV/AIDS

45. Whilst noting the existence of the National AIDS
Strategic Plan 2000/2001-2003/2004 and the Policy Framework on HIV/AIDS
Prevention, Control and Management, the Committee remains extremely concerned at
the alarmingly high incidence and increasing prevalence of HIV/AIDS amongst
adults and children, in particular amongst teenage girls, and the high incidence
of teenage pregnancy and STDs. The Committee expresses concern, further, at the
insufficient availability of adolescent health programmes and services and the
lack of adequate data in this area and on the incidence of suicide, violence,
sexual exploitation and abortion, alcohol consumption and tobacco and dagger
smoking.

46. The Committee strongly urges the State party to
implement fully the National AIDS Strategic Plan 2000/2001-2003/2004 and the
Policy Framework on HIV/AIDS Prevention, Control and Management as soon as
possible and to devote to them ample resources to ensure their success. The
Committee recommends, further, that a comprehensive and multi-disciplinary study
be undertaken to understand the scope of adolescent health problems, including
the negative impact of early pregnancy, as well as the special situation of
children infected with, affected by or vulnerable to HIV/AIDS and STDs. The
Committee urges the State party to give particular attention to the secondary
consequences of HIV/AIDS, such as an increase in child-headed households
following the death of adult family members. Additionally, it is recommended
that the State party undertake further measures, including the allocation of
adequate human and financial resources, to develop youth-friendly counselling,
care and rehabilitation facilities for adolescents, especially girls, which
would be accessible by them without parental consent; in this regard, the
Committee notes the development of "Adolescent Health Corners" at the regional
level and recommends that the State party pursue its objective of establishing
such facilities at the district level. The Committee recommends that the State
party increase its efforts to promote adolescent health policies, including
mental health, particularly with respect to suicide prevention, and to
strengthen reproductive health education and counselling services. In this
regard, the Committee particularly recommends that all training programmes on
reproductive health address boys as well as girls. The Committee recommends,
further, that the State party implement measures to discourage the abuse of
alcohol and the smoking of tobacco and dagger by adolescents.

Harmful traditional practices

47. The Committee is concerned at the continuing
practice of female genital mutilation.

48. The Committee recommends that the State party end
the practice of female genital mutilation and strengthen awareness among the
population of the harm associated with such practices.

Children with disabilities

49. The Committee notes the State party's indication
that a survey will be conducted to collect disaggregated data and other
information on children with disabilities, which will be used as a basis for
policy development, but remains concerned at the absence of legal protection and
the lack of adequate programmes, facilities and services for children with
physical and mental disabilities, and in particular the failure to integrate
children with disabilities into mainstream schooling. The Committee is also
concerned at the absence of a national strategy to ensure respect for the rights
of children with disabilities.

50. The Committee urges the State party to complete
the survey mentioned above as soon as possible and to make use of the
information gathered to develop a comprehensive national programme, taking into
account 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 (CRC/C/69). The Committee recommends that the State
party develop "early identification" programmes with a view to providing prompt
and appropriate early intervention to help children with disabilities, including
physical and learning disabilities. The Committee recommends, in addition, that
the State party increase its efforts to implement alternatives to the
institutionalization of children with disabilities, establish special education
programmes for them and further encourage the inclusion of these children in
society including through, inter
alia, ensuring access for children with
disabilities to schools and public buildings. The Committee further recommends
that the State party seek technical cooperation for the training of professional
staff working with and for children with disabilities. The Committee recommends
that the State party seek international cooperation from, inter alia, UNICEF and WHO in
this regard.

D.7. Education, leisure and
cultural activities

51. The Committee welcomes the recent initiatives of
the State party to improve the provision and management of education through the
Education Act 1995 and in particular through the introduction of free education
for those commencing Grade One in January 2000. However, the Committee remains
concerned that many children, in particular herd-boys, children living in
poverty and children in remote rural communities, continue not to have access to
education. With respect to the general situation of education, the Committee
notes with concern the lack of trained teachers, the poor educational
infrastructure and lack of equipment, the extent of overcrowding, the high
pupil-teacher ratios, the high drop-out, illiteracy and repetition rates, the
lack of basic training materials and shortages of text books and other
materials. The Committee is particularly concerned at the poor conditions of
education resources in high mountainous and rural areas. The Committee is
concerned, in addition, at the low percentage of children with access to
pre-school educational services.

52. The Committee recommends that the State party
continue its efforts to increase the school attendance and literacy rates of
herd-boys in mountainous regions, including through research into the structural
and other underlying causes for the failure of boys to complete their education
and through consideration of possible solutions such as alternative approaches
to care for cattle and flexible school hours and curricula. The Committee
recommends that the State party introduce measures to broaden the provision of
free education generally with a view to ensuring access to education for all
children in the State party. The Committee recommends that all appropriate
measures be taken to increase the number of trained teachers, strengthen the
educational infrastructure and curriculum, and improve the coordination of
education policy, the management of schools and the quality of education. In
addition, the Committee recommends, that the State party undertake additional
measures to motivate parents to encourage their children to enroll in school and
complete their education. The Committee further recommends that the State party
seek to ensure that the Convention is fully integrated into the curricula at all
levels of the educational system. The Committee recommends that the State party
increase significantly the availability of pre-school places. Finally, the
Committee suggests that the State party seek technical assistance from,
inter alia,
UNICEF and UNESCO.

53. The Committee notes with deep concern that girls
who become pregnant whilst still attending school are often excluded from school
and that such action is not only discriminatory against girls but also a
violation of the right to education.

54. The Committee urges the State party to ensure that
pregnant girls are permitted to continue attending school both during and after
their pregnancy.

D.8. Special protection
measures

Child labour

55. Labour laws regulating child labour do exist in
the State party, but the Committee notes with concern the high and increasing
number of children, especially boys, employed as animal herders, inter alia, and children
employed as street traders, porters and in textile and garment factories. The
Committee is concerned, in addition, at the number of children working in
potentially dangerous conditions and at the lack of monitoring and supervision
of the conditions in which they work.

56. The Committee recommends that the State party
encourage the work of the Law Reform Commission on child labour concerns, that
the Commission's child labour recommendations be rapidly implemented, that
improvements be made to the monitoring of child labour practices and that the
State party ensure that sufficient resources are allocated for this purpose with
a view to the effective enforcement of labour laws and the

protection of children from economic exploitation. The
Committee also recommends that the State party consider ratifying ILO Convention
No. 182 concerning the Worst Forms of Child Labour.

Sexual exploitation

57. The absence of adequate information, including
disaggregated statistical data, on the situation of sexual exploitation of
children, is a matter of concern for the Committee. The Committee is concerned,
further, that young girls in particular are vulnerable to sexual exploitation in
Lesotho and that the number of incidents of such exploitation is
increasing.

58. In the light of article 34 and other related
articles of the Convention, the Committee recommends that the State party
undertake studies with a view to designing and implementing appropriate policies
and measures, including care and rehabilitation, to prevent and combat the
sexual exploitation of children, especially girls. The Committee recommends, in
addition, that the State party reinforce its legislative framework to protect
children fully from all forms of sexual abuse or exploitation, including within
the family.

Children living and/or working on the streets

59. The Committee notes with concern the increasing
number of children living and/or working on the streets in Lesotho.

60. The Committee recommends that the State party make
every effort to identify and address the causes of children living and or
working on the streets and to formulate policies and provide assistance
addressing their needs and assuring greater respect for their rights.

Juvenile justice

61. While the Committee notes that a juvenile justice
system has been established in the State party, the Committee remains concerned
at:

(a) The extremely low age of criminal
responsibility;

(b) The general situation of the administration of
juvenile justice and in particular its incompatibility with the Convention and
other recognized international standards;

(c) The absence of juvenile courts in some regions or
the failure to use them even when they are available;

(d) The absence of systematic free legal advice and
representation for children accused of criminal offences and the occasional
contradictions in the roles of probation officers and lawyers;

(e) Weaknesses in the coordination between the chiefs'
courts and the criminal justice system and the failure to ensure that children's
rights are guaranteed and respected in the chiefs' courts;

(f) Overcrowding in detention facilities, and the
holding of minors in these facilities;

(g) The failure to monitor the length of time children
spend in detention facilities;

(h) The lack of reliable statistical data on the
number of children in the juvenile justice system;

(i) The inadequacy of regulations to ensure that
children remain in contact with their families while in the juvenile justice
system;

(j) The limited sentencing options available to a
court dealing with a child convicted of a crime;

(k) The legality of corporal punishment as a penalty
for boys who have committed criminal offences under the Criminal Procedure and
Evidence Act 1981;

(l) The insufficiency of facilities and programmes for
the physical and psychological recovery, rehabilitation and social reintegration
of child offenders;

(m) The incarceration of girls with boys and of
children with adults, and the incarceration of some children in the capital,
Maseru, where they cannot easily be visited by family members.

62. The Committee recommends that the State
party:

(a) Take additional steps to undertake a comprehensive
reform of the juvenile justice system 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;

(b) Amend the law as soon as possible in order to
abolish the sanction of flogging for juvenile delinquents and, in the meantime,
provisionally suspend the application of this form of sanction;

(c) Consider deprivation of liberty only as a measure
of last resort and for the shortest possible time, reduce the maximum custodial
sentence to a period shorter than three years, ensure that children are
separated from adults and boys separated from girls, and ensure that children
remain in contact with their families while in the juvenile justice
system;

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

(e) Pursue its proposal to request technical
assistance in the area of juvenile justice and police training from,
inter alia,
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;

(f) Substantially raise the age of criminal
responsibility.

Ratification of the two Optional Protocols

63. The Committee recommends that the State party
consider ratifying the Optional Protocol to the Convention on the Rights of the
Child on the sale of children, child prostitution and child pornography and the
Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflicts.

64. Finally, the Committee recommends that, in the
light of article 44, paragraph 6, of the Convention, the initial report and
written replies presented by the State party be made widely available to the
public at large and that publication of the report be considered, along with the
relevant summary records and the concluding observations adopted thereon by the
Committee. Such a document should be widely distributed in order to generate
debate and awareness of the Convention and its implementation and monitoring
within the Government and the general public, including NGOs.

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