Distr.

GENERAL

CRC/C/15/Add.118
23 February 2000

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : The Former Yugoslav
Republic of Macedonia.
23/02/2000.

CRC/C/15/Add.118.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE CHILD
Twenty-third 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:
the Former Yugoslav Republic of
Macedonia

1. The Committee received the initial
report of the Former Yugoslav Republic of Macedonia (CRC/C/8/Add.36) on 4
March 1997 and considered the report at its 597th and 598th meetings (see
CRC/C/SR.597-598), held on 17 January 2000 and adopted at the 615th meeting,
held on 28 January 2000, the following concluding observations.

A. Introduction

2. The Committee welcomes the submission of the State party's initial
report and the written answers to the list of issues (CRC/C/Q/MAC/1) submitted
by the State party. The Committee notes with appreciation the constructive
efforts made by the delegation to provide additional information in the course
of the dialogue.

B. Positive aspects

3. The Committee is encouraged by the State party's establishment of an
Ombudsperson for children's rights and notes the State party's progress in
reducing infant and maternal mortality in recent years and the progress made
in raising significantly the levels of enrolment of children to primary
school.

4. The Committee commends the State party for its efforts to support
refugees from neighbouring countries and to protect the rights of children
among the refugee communities.

C. Factors and difficulties impeding the
implementation of the Convention

5. The Committee recognizes the continuing economic and
political transitions within the State party, the serious armed conflicts
which have emerged repeatedly in neighbouring States, the imposition of
international sanctions upon parts of the region and the associated economic
difficulties which hinder the full implementation of the Convention.

D. Principal subjects of concern, suggestions and
recommendations

D.1. General measures of implementation

(arts. 4, 42 and 44, para. 6 of the Convention)

Legislation

6. The Committee notes that, in accordance with article 118 of the
Constitution, international agreements are incorporated in domestic
legislation and are directly applicable. However, the Committee is concerned
that the Constitution and other legislation, partly pre-dating the entry into
force of the Convention on the Rights of the Child, do not appear to fully
reflect the provisions and principles of the Convention. The Committee is
concerned, further, that the Convention's principles and provisions are not
reflected in policy and administrative practice.

7. The Committee urges the State party to review its legislation and
adopt appropriate amendments, to ensure conformity with the Convention. In
addition, the Committee recommends that the State party make further efforts
to ensure that the provisions and principles of the Convention are reflected,
applied and enforced in State policy and administrative practices.

Coordination/independent monitoring structures

8. The Committee is concerned that there is no mechanism responsible for
the coordination and evaluation of the implementation of the Convention.

9. The Committee recommends that the State party allocate principal
responsibility for the coordination and evaluation of implementation of the
Convention to a single mechanism.

10. While the Committee is encouraged by the State party's efforts to
develop projects focusing on children, the Committee wishes to emphasize the
importance for the State party of developing an overall national plan of
action for the effective implementation of children's rights, and that
individual projects should each form a part of a larger strategy.

11. The Committee recommends that the State party develop a
cross-ministerial plan of action for the implementation of children's rights,
pursue implementation of the various projects referred to in the State party's
report and ensure coordination of policy making and implementation. The
Committee further urges the State party to adopt a holistic child rights
approach to implementing the Convention and to consider seeking technical
assistance from UNICEF in this domain.

Allocation of budgetary resources/regional disparities: article 4

12. The Committee recognizes the hardship imposed by the current
socio-economic difficulties in the State party and expresses its concern over
the impact that the financial situation may have on children, including,
notably, those from poor families. The Committee also notes, with concern,
that there are significant regional disparities with regard to the extent to
which children benefit from the respect of their rights.

13. In the light of articles 2, 3 and 6 of the Convention, and with a
view to achieving full application of article 4, the Committee urges the State
party to make every effort to protect children's rights from the negative
effects of the current economic situation, including through the
prioritization of budgetary allocations in a manner which ensures the best
possible implementation of the Convention and to the maximum extent of the
State party's available resources. In this regard, the Committee further
recommends that the State party give particular attention to the situation of
children of poor families and from regions experiencing particular economic
difficulties.

Cooperation with NGOs

14. The Committee encourages the State party to increase its support
for, and cooperation with, NGOs with regard to implementation of the
Convention.

Dissemination of the Convention

15. In the light of article 42 of the Convention and recognizing the
State party's efforts to disseminate human rights, including children's
rights, in schools and to specific professional groups, the Committee urges
the State party to make additional efforts to disseminate the Convention, to
provide training on its provisions for professionals, including law officials,
teachers and health workers, and to provide teaching on its provisions to the
adult population. The Committee recommends that the State party consider
seeking technical advice from UNICEF in this regard.

D.2. General principles
(arts. 2, 3, 6 and 12
of the Convention)

Principle of non-discrimination: article 2

16. The Committee is concerned that under the current arrangements with
regard to the "three child policy", children from families with more than
three children are at a disadvantage with regard to access to social service,
financial and other assistance.

17. In the light of article 2 of the Convention, the Committee
recommends that the State party find alternative means to implement the three
child policy, other than excluding the fourth child from social service
benefits, and ensure that all children have equal access to such assistance
without discrimination.

Principle of the best interests of the child: article 3

18. The Committee welcomes the information provided in the State party's
answers to the list of issues concerning implementation of the best interests
principle and encourages the State party to continue to integrate the
principle into all legislative and administrative practices, and to review its
decision-making and implementation procedures so as to ensure that the best
interests of the child are a primary consideration.

The right to have views heard and given due weight: article 12

19. Recognizing the provisions in domestic legislation protecting the
child's rights to have views heard, the Committee remains concerned that
implementation of this right is not adequately reflected in administrative
policy and practice, including in the activities of the Centres for Social
Work.

20. In the light of article 12 of the Convention and recognizing the
progress made by the State party in respecting the right of children to have
their views heard through the children's parliament and in schools, the
Committee recommends that the State party continue to take all appropriate
measures to ensure that children are provided with appropriate opportunities
to express their views and that these are given due weight, in accordance with
the provisions of the Convention.

D.3. Civil rights and freedoms
(arts. 7, 8.
13-17 and 37 (a))

The right to birth registration: article 7

21. The Committee is concerned that, in spite of relevant legislation and
an increasing number of births in hospitals, there are still children in the
State party who are not registered at birth and is further concerned at the
fact that a large proportion of unregistered births are of Roma children. The
Committee recalls that official birth registration is a fundamental first step
towards securing the rights of a child to a name and nationality, whether in
the State of birth or in another State, and to gaining access to social
assistance, health, education and other services.

22. In the light of article 7 of the Convention, the Committee urges
the State party to make every effort to enforce birth registration and to
facilitate the registration process with regard to the children of parents, or
other responsible persons, who may have particular difficulties in providing
the necessary documentation.

Corporal punishment

23. Recognizing the State party's efforts to end corporal punishment
practices in schools, the Committee is nevertheless concerned that such
practices have not been entirely ended in schools and also continue outside of
the school context.

24. The Committee urges the State party to continue its efforts to end
corporal punishment practices in schools, to monitor and record the use of
corporal punishment against children in all contexts, and to make every effort
to prevent the practice of corporal punishment including through its
prohibition by law. The Committee further encourages the State party to
undertake campaigns to raise the awareness of parents, in particular, of the
harmful effects of corporal punishment.

D.4. Family environment and alternative care

(arts. 5; 18, paras. 1-2; 9-11; 19-21; 25; 27, para. 4; and 39)

25. The Committee expresses its concern that in decisions with regard to
the family environment and the alternative care of children the principles of
the Convention are not always fully respected.

26. The Committee recommends that the State party further develop
legislation supporting foster care, and that the State party strengthen
community services in favour of families with economic, social or other
difficulties and families caring for children with disabilities and with
emotional or behavioural problems, in a manner which assures greater respect
for the principles of the Convention.

27. The Committee is concerned that incidents of sexual abuse and family
violence may not be adequately identified and addressed.

28. The Committee recommends that the State party conduct training for
the police and the staff of the Centres for Social Work on the detection of
child abuse and domestic violence, and on suitable responses.

29. The Committee is concerned that the Centres for Social Work are
under-resourced, limiting their capacity to perform their many functions
effectively, including those in favour of children. The Committee is further
concerned that the Centres for Social Work are currently authorized to make
decisions relative to the placement of a child with one parent, without
judicial review.

30. The Committee urges the State party to consider the use of
alternative mechanisms with regard to implementation of the Convention's
provisions concerning the family environment and alternative care or to
increase the resources available to the Centres for Social Work. Recognizing
the existence of an appeals procedure under current arrangements, the
Committee nevertheless recommends that the State party establish a mechanism
providing for judicial review of situations requiring the placement of a child
with one parent.

D.5. Basic health and welfare
(arts. 6; 18,
para. 3; 23; 24; 26; 27, paras. 1-3)

31. Recognizing the State party's efforts to provide financial and other
assistance to ensure the access of children to health care, the Committee is
nevertheless concerned that not all children have equal and adequate access to
health care including, notably, children from regions facing particular
economic hardship. Further, the Committee is concerned that the State party's
policy of requiring adolescents aged 15 to 18 to make financial contributions
to their health care costs may limit their access to health care, including
sexual health education.

32. The Committee urges the State party to continue its efforts to
ensure that all children, and from all regions, have equal access to health
care services. The Committee further recommends that the State party review
policies requiring 15- to 18-year-olds to share costs, and to ensure that
these policies do not restrict the access of adolescents to full health
care.

Children with disabilities: article 23

33. While aware of the State party's efforts to integrate children with
disabilities into formal education and into regular recreation programmes, the
Committee remains concerned that children with disabilities remain excluded
from many such activities. With regard to children with disabilities requiring
additional facilities, the Committee is concerned by the quality of
educational, health and other facilities available, inter alia,
facilities providing access to schools.

34. In the 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 (CRC/C/69), the
Committee recommends that the State party make further efforts to integrate
children with disabilities into educational and recreational programmes
currently used by children without disabilities. With particular reference to
article 23 of the Convention, the Committee further recommends that the State
party continue with its programmes to improve the physical access of children
with disabilities to public service buildings, including schools, review the
facilities and assistance available to children with disabilities and in need
of special services, and improve these services in accordance with the
provisions and spirit of the Convention.

35. With reference to article 23, paragraph 3, of the Convention, the
Committee further encourages the State party to strengthen its efforts to
benefit from international cooperation, including from UNICEF, in favour of
children with disabilities, with a view to improving State policy and
action.

Infant mortality

36. Recognizing the progress made in reducing infant mortality, the
Committee, nevertheless, acknowledges the State party's recognition of, and
expresses its own concern at, the continuing elevated incidence of such
mortality.

37. Noting the correlation, identified by studies, between low education
among mothers and high infant mortality, and between the incidence of such
mortality and certain regions, the Committee urges the State party to continue
its efforts to address this concern, inter alia, through
the effective provision of adequate health education to mothers. The Committee
recommends that the State party seek technical assistance from UNICEF and WHO
in this regard.

HIV/AIDS

38. Recognizing the State party's significant efforts to address health
concerns related to HIV/AIDS, the Committee is concerned that such efforts be
maintained in the interests of preventing the spread of HIV/AIDS.

39. The Committee recommends that the State party continue with its
current efforts to address HIV/AIDS concerns, including through the continuous
use of effective monitoring and prevention mechanisms. The Committee
recommends that the State party seek technical assistance in this regard from
WHO.

Adolescent health/pregnancy among girls

40. Acknowledging the State party's recognition of problems in the area of
adolescent and sexual health issues, the Committee joins the State party in
expressing concern, in particular at the high level of abortions among girls
and at the incidence of sexually transmitted diseases.

41. The Committee urges the State party to strengthen data collection
methods with regard to adolescent health concerns. The Committee recommends,
further, that the State party increase its efforts to promote adolescent
health policies and strengthen reproductive health education and counselling
services, inter alia with regard to HIV/AIDS, STDs,
pregnancy among girls and abortion. The Committee recommends that the State
party seek technical assistance from WHO.

D.6. Education, leisure and cultural activities

(arts. 28, 29, 31)

The right to education: article 28

42. The Committee acknowledges the recent marked increases in the enrolment
of children in primary schools and other increases in secondary and university
enrolment. However, the Committee remains concerned that a significant
proportion of school-aged children do not attend primary and, notably,
secondary school. Specifically, the Committee is concerned at the low
proportion of girls in general, and children from the Roma minority in
particular, who enroll in educational establishments at all levels, and at the
low numbers of children from all minority groups who enroll at the secondary
school level. The Committee is concerned, further, at the extremely high
drop-out rates of girls from primary and secondary education.

43. The Committee recommends that the State party pursue its efforts to
increase the enrolment levels of all children from minorities in primary and
secondary schools, with special attention to girls in general and children
from the Roma minority in particular.

44. The Committee recognizes the State party's significant efforts to make
primary and secondary education available in minority languages, but expresses
its concern that many primary and secondary schools are under-resourced and,
in particular, that primary and secondary school education available in
minority languages is of a lower standard than that available in the
Macedonian language. The Committee notes, further, the inevitable effect of
poor primary and secondary education in discouraging enrolment, raising the
number of children who drop out and in limiting the numbers of children from
minorities who are able to pass examinations leading to university education.

45. With reference to articles 2 and 28 of the Convention on the Rights
of the Child, and with a view to ensuring an equal standard of educational
services in all schools, to encouraging increased enrolment, to discouraging
children from dropping out and to increasing the numbers of children from
minorities who follow higher education, the Committee recommends that the
State party review the allocation of financial and other resources to all
primary and secondary schools, with particular attention to raising the
quality of education in minority language schools. The Committee recommends,
in addition, that the State party consider increasing the numbers of hours of
teaching of the Macedonian language in minority language schools, on a
voluntary basis, with a view to ensuring that children who are minority
language speakers are able to participate on a more equal level with
Macedonian-speaking children at higher education levels at which entrance
examinations and teaching are conducted primarily in the Macedonian language.
The Committee suggests further that the curricula in all schools should
include a greater focus on the personal development and vocational training of
students and on inter-ethnic tolerance. The Committee recommends that the
State party seek technical assistance from UNICEF in this regard.

D.7. Special protection measures
(arts. 22,
38, 39, 40, 37 (b)-(d), 32-36)

Administration of juvenile justice: articles 37, 39 and 40

46. The Committee is concerned at the absence, in the State party report,
of information on principles of judicial sentencing of juveniles and data on
the existence and use of alternatives to imprisonment as a sentencing option
for Juvenile Councils.

47. The Committee recommends that the State party consider relevant
reforms of juvenile justice policy and practice in accordance with articles 37
and 40 and 39 of the Convention on the Rights of the Child, as well 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, in particular with
a view to ensuring that detention and imprisonment are used only as a measure
of last resort, for example by developing alternative measures.

48. Recognizing the existence of psychological assistance facilities under
the auspices of the Centres for Social Work, the Committee, nevertheless,
remains concerned at the absence of measures to provide for the physical and
psychological recovery and reintegration of children who have been the victims
of crime, and of children who have participated in judicial proceedings or who
have been confined in institutions.

49. In the light of article 39 of the Convention, the Committee
recommends that the State party urgently establish appropriate programmes to
provide for the physical and psychological recovery and reintegration of such
children and that these mechanisms be used in the administration of juvenile
justice.

Child labour/commercial exploitation: article 32

50. The Committee is concerned at the reported incidence of child labour
within the State party, and notes that the labour of children under 15 may
also prevent these children from attending primary school and is particularly
prevalent among certain minority groups.

51. The Committee recommends that the State party collect and publish
data on the incidence of child labour, both under the age of 15 and between
the ages of 15 and 18. The Committee also recommends that the State party
address cases of economic exploitation of children, in particular street
children, including through the enforcement of primary school attendance
obligations and through efforts to raise secondary school attendance. The
Committee further suggests that the State party ratify International Labour
Organization's Conventions No. 138, Concerning the Minimum Age for Admission
to Employment (1973), and No. 182 Concerning the Prohibition and Immediate
Action for the Elimination of the Worst Forms of Child Labour (1999).

Drug abuse

52. The Committee acknowledges the State party's recognition of, and
expresses its own concern at, recent increases in drug abuse among children.

53. The Committee recommends that the State party continue to monitor
the incidence of drug abuse among children, proceed with preventive measures
and make appropriate rehabilitative and other assistance available to children
who are already addicted to drugs.

Children of minorities or of indigenous groups: article 30

54. While recognizing the State party's efforts to ensure equal enjoyment
of rights for children from minority communities, the Committee remains
concerned that children from some minority populations, and the Roma in
particular, do not enjoy full respect of their rights.

55. The Committee encourages the State party to continue its efforts to
ensure the equal implementation of the Convention for all children and to make
every effort to ensure that the children of minorities are able to benefit
fully from the Convention's principles and provisions. The Committee
recommends that the State party seek technical assistance from UNICEF in this
regard.

Dissemination of the report, written answers, concluding
observations

56. Finally, in the light of article 44, paragraph 6, of the Convention,
the Committee recommends that the initial report and written replies submitted
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 concluding observations adopted thereon by the Committee. Such a
document should be widely distributed in order to generate debate and
awareness of the Convention, its implementation and monitoring within the
Government, the Parliament and the general public, including concerned
non-governmental organizations.

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