Distr.

GENERAL

CRC/C/15/Add.139
16 October 2000

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : Marshall
Islands. 16/10/2000.

CRC/C/15/Add.139.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE
CHILD

Twenty-fifth 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: Marshall Islands

1. The Committee considered the initial report
of Marshall Islands (CRC/C/28/Add.12), received on 18 November 1998, in its
659th and 660th meetings (see CRC/C/SR.659 and 660), held on 29 September 2000,
and adopted at the 669th meeting, held on 6 October 2000, the following
concluding observations.

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/MAR/1). The Committee notes with appreciation the
high-level delegation sent by the State party and welcomes the positive
reactions to the suggestions and recommendations made during the
discussion.

B. Positive
aspects

3. The Committee takes note of the establishment
in 1991 of the National Nutrition and Children's Council (NNCC) and acknowledges
its major role in the overall preparation of the State party's initial
report.

4. The Committee notes with appreciation the
holding of two national workshops on the Convention which took place
respectively in Majuro (early 1999) and Ebeye (May 2000), leading to the
production of a workplan at community level in the areas of health, nutrition,
child protection, child participation and education.

5. The Committee welcomes the production and
dissemination of a pamphlet on articles of the Convention in the Marshallese
language.

6. The Committee welcomes the completion of a
national curriculum for primary education, which sets up teacher training
programmes and establishes a community-based governance system, and takes note
of the ongoing teacher training programmes for primary school teachers and the
increasing teacher-pupil ratio.

C. Factors and difficulties impeding the
implementation of the Convention

7. The Committee acknowledges that
socio-economic and geographic difficulties facing the State party, as well as
customary practices and traditional attitudes, have impeded the full
implementation of the Convention. In particular it notes the challenges faced by
the State party in implementing adequate programmes and services for children in
its dispersed island communities, some of which are isolated, very difficult to
reach and have few inhabitants.

D. Subjects of concern and
recommendations of the Committee

1. General measures of
implementation

Legislation

8. The Committee notes with concern that the
Convention has not yet been enacted into law, which is necessary in order for it
to be a part of the Marshallese legal system. Further, while welcoming the
request by the Ministry of Internal Affairs to UNICEF for assistance in the
review of all aspects of its domestic legislation relating to children, it
expresses its concern that the domestic legislation and customary law do not
fully reflect the principles and provisions of the Convention.

9. The Committee recommends that the State party
take all necessary steps to incorporate the Convention into domestic law and
that it undertake the review of all aspects of its domestic legislation relating
to children with a view to ensuring full conformity with the principles and
provisions of the Convention. It also recommends that the State party consider
the enactment of a comprehensive children's code. In this regard, the Committee
further recommends that the State party seek additional technical assistance
from, among others, UNICEF.

10. The Committee notes with concern that the
State party has not yet ratified the major United Nations human rights treaties,
in particular the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights, or other
relevant international conventions, like the Hague Convention on the Civil
Aspects of International Child Abduction of 1980 and the Hague Convention on
Protection of Children and Cooperation in Respect of Intercountry Adoptions of
1993.

11. The Committee recommends that the State
party consider ratifying at least the major human rights treaties and relevant
conventions adopted at The Hague with a view to strengthening the human rights
culture in the country.

Coordination

12. The Committee is concerned at the absence of
a focal point for children within the Government and at the lack of mechanisms
at the national and local levels for coordinating policies relating to children
and for monitoring the implementation of the Convention.

13. The Committee recommends that the State
party consider establishing a focal point within the Government and coordination
mechanisms between the various ministries, as well as between central and local
authorities, with a view to developing a comprehensive national strategy or plan
of action for children and ensuring the implementation of the Convention in the
country and its regular evaluation.

Allocation of budgetary resources

14. The Committee remains concerned that in
light of article 4 of the Convention, not enough attention has been paid to
allocating budgetary resources in favour of children, in particular those who
live in the outer islands.

15. In light of articles 2, 3, and 6 of the
Convention, the Committee encourages the State party to pay particular attention
to the full implementation of article 4 of the Convention by prioritizing
budgetary allocations to ensure implementation of the economic, social and
cultural rights of children to the "maximum extent of ... available resources
and, where needed, within the framework of international cooperation".

Independent monitoring structures

16. The Committee notes with concern that there
is no independent body to monitor observance of the implementation of children's
rights with a view to promoting and protecting them and to deal with individual
complaints concerning all children's rights not only violations of law.

17. The Committee encourages the State party to
consider creating an independent child-friendly body easily accessible to
children such as an ombudsperson or a national commission for children's rights,
the establishment of which must be in keeping with the Paris principles (General
Assembly resolution 48/134, annex), to monitor the implementation of the
Convention and to deal in an expeditious way with individual complaints
concerning children's rights. In this regard, the Committee further recommends
that the State party consider seeking technical assistance from, among others,
the United Nations Development Programme (UNDP), UNICEF and the Office of the
High Commissioner for Human Rights (OHCHR).

Data collection

18. The Committee is concerned at the lack of an
adequate mechanism for the systematic collection of comprehensive disaggregated
data for all areas covered by the Convention and in relation to all groups of
children for the purpose of monitoring and evaluating progress achieved and
assessing the impact of policies adopted with respect to children.

19. The Committee, while noting with
appreciation that the Census of Population and Housing of 1999 provides a wealth
of statistical information on children, encourages the State party to use this
as a basis for the development of a regular and methodical system of
comprehensive data collection consistent with the Convention. This system should
cover all children up to the age of 18 years, with specific emphasis on those
who are particularly vulnerable, including child victims of abuse, neglect, or
ill-treatment; children with disabilities; teenage mothers; teenagers who commit
suicide; children in conflict with the law; children born out of wedlock;
children who work; adopted children; and children living in the outer island
communities. It further encourages the State party to use indicators
and data in the formulation of policies and programmes for the effective
implementation of the Convention.

Dissemination of the principles and provisions
of the Convention

20. While noting the efforts of the State party
in disseminating information about the Convention, the Committee is concerned
that the principles and provisions of the Convention are not disseminated at all
levels of society.

21. The Committee recommends that the State
party develop more creative methods to promote the Convention, including through
visual aids such as picture books and posters, along with traditional methods of
communication. 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 Committee further recommends that efforts be made to
sensitize civil society, including community leaders, NGOs and the media, about
children's rights with a view to changing negative traditional public attitudes
and to facilitate broad participation in the dissemination and promotion of the
Convention. 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, OHCHR, UNICEF and
UNESCO.

Civil society

22. The Committee expresses its concern at the
insufficient participation and involvement of relevant non-governmental
organizations and other civil society partners in the formulation and
implementations of policies and programmes relating to children.

23. The Committee emphasizes the important role
civil society plays as a partner in implementing the provisions of the
Convention and recommends that the State party consider a systematic approach to
involve civil society, especially children's associations and advocacy groups,
throughout all stages of the implementation of the Convention, including
policy-making. Further, it encourages the State party to support initiatives
aimed at strengthening the role of civil society and to equip members of civil
society with the knowledge and skills essential for working in partnership with
local communities.

2. Definition of the
child

24. The Committee is concerned
about the disparity between the minimum legal age for the marriage of boys (18
years) and that of girls (16 years).

25. In light of article 1 and other related
provisions and principles of the Convention, the Committee encourages the State
party to 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.

3. General
principles

General principles

26. The Committee, noting that the State party's
general approach is more welfare oriented rather than child rights based, is
concerned that the principles of the best interests of the child (art. 3) and
the right to life and development (art. 6) are not fully reflected in the State
party's legislation, its administrative and judicial decisions, or its policies
and programmes relevant to children.
Further, the Committee expresses its concern
that the principle of respect for the privacy of the family, guaranteed by the
Constitution and customary practice, may limit interventions within the family
which, in accordance with article 9 of the Convention, may be in the best
interests of the child.

27. The Committee recommends that the general
principles of the Convention, in particular the provisions of its articles 3 and
6, should be appropriately integrated in all revisions to legislation as well as
in judicial and administrative decisions and in projects, programmes and
services which have an impact on children and should guide the determination of
policy-making at every level and in particular actions taken by social welfare
institutions, courts of law and administrative authorities.

Non-discrimination

28. The Committee is concerned that the
principle of non-discrimination (art. 2) is not fully implemented for children
living in the outer islands and in poor urban communities, especially with
regard to their access to adequate health and educational facilities.

29. The Committee recommends that the State
party collect disaggregated data to enable effective monitoring of potential
discrimination, in particular against girls, children living in poor urban
communities and in the outer islands and those with disabilities.

Respect for the views of the child

30. The Committee notes with concern that
traditional attitudes still prevailing in the country may not be conducive to
the full participation of children in family, school and social life.

31. The Committee recommends that the State
party seek to develop a systematic approach, with the involvement of
professionals working with children, in particular teachers, and civil society,
including community leaders and NGOs, to increase public awareness of the
participatory rights of children and encourage respect for the views of the
child within the family, schools, and generally in society. Further, it
encourages the State party to recognize the right of children to have their
views heard and taken into account in the determination of policy-making at
every level and in particular actions taken by social welfare institutions,
courts of law and administrative authorities.

4. Civil rights and
freedoms

Birth registration

32. In light of article 7 of the Convention
which requires the registration of children "immediately after birth", the
Committee expresses its concern at the insufficient measures undertaken to
ensure the birth registration of all children, in particular those living in the
outer island communities.

33. The Committee recommends that special
efforts be developed to guarantee an effective system of birth registration to
ensure that all children fully enjoy their fundamental rights. In that regard,
it encourages the State party to develop more widespread awareness among the
population of the importance of birth registration and to improve the
registration system, including by providing mobile registration units in the
outer islands.

Access to appropriate information

34. The Committee notes with concern that
children living in the outer islands do not have adequate access to information
and material from a diversity of national and international sources aimed at
promoting the child's development and physical and mental health. It is also
concerned that children are not adequately protected from violence and
pornography on television, in video films and in other media.

35. The Committee recommends that the State
party reinforce measures for the production of programmes and books for children
and disseminate them within the country, in particular the outer islands,
and in this regard
envisage taking steps for the
introduction of the use of computers in schools. In light of articles 13, 17 and
18 of the Convention, it further encourages the State party to develop
appropriate guidelines and legislation for the protection of the child from
information and material injurious to his or her development, in particular
violence and pornography, and also to develop programmes to educate parents.

Corporal punishment

36. The Committee is concerned that the use of
corporal punishment within the family, schools, other institutions, and
generally within society is not expressly prohibited by law.

37. In light of articles 19, 28 (2) and 37 of
the Convention, the Committee recommends that the State party adopt appropriate
legislative measures to prohibit the use of any form of corporal punishment
within the family, schools and other institutions. It also encourages
the State party to develop measures to raise awareness about the negative
effects of corporal punishment and ensure that alternative forms of discipline
are administered in families, schools and other institutions in a manner
consistent with the child's dignity and in conformity with the
Convention.

5. Family environment and
alternative care

Parental responsibilities

38. The Committee expresses its concern at the
many children in urban areas who are left unattended at home while their parents
are at work or pursue leisure activities and notes that, owing to recent and
rapid urbanization, assistance from extended family support networks is not
always available. Further, it takes note with concern that single parenthood and
teenage pregnancy are also increasing.

39. The Committee recommends that the State
party continue and strengthen its measures and programmes to educate and provide
counselling on parental responsibilities to the general public. In light of
articles 18 and 21 of the Convention, it also urges the State party to consider
developing comprehensive measures to encourage responsible parenthood and to
assist needy families with their child-rearing responsibilities, for instance by
offering social assistance to families or by securing childcare services and
facilities for working parents.

Adoption

40. The Committee is concerned at the lack of
criteria for monitoring, evaluation and follow-up of domestic adoptions, and at
the absence of information and data about the practice of "customary adoptions"
by family members. Also, it notes with concern that in intercountry adoptions
the children concerned are not adequately protected.

41. The Committee, while noting with
appreciation that the legislation on adoption is under review with the technical
assistance of UNICEF, recommends that all adoption placements be monitored and
periodically reviewed by the authorities. Further, it encourages the State party
to undertake a study, including data disaggregated by gender, age and
rural/urban area provenance, to analyse the phenomenon of "customary adoptions"
by family members with a view to understanding the scope and nature of this
practice and adopting adequate policies and measures. Further, the Committee
recommends that the State party ensure that children involved in intercountry
adoptions enjoy the same safeguards and standards as regulate domestic
adoptions. It also encourages the State party to consider ratifying the Hague
Convention on the Protection of Children and Cooperation in Respect of
Intercountry Adoption of 1993.

Child's right to protection from all forms of
violence

42. While noting the Child Abuse and Neglect
Act, the Committee remains concerned about the lack of data, appropriate
measures, mechanisms and resources for the prevention of and fight against
domestic violence, including child sexual abuse, and the absence of public
debate and awareness-raising on this issue. It also expresses its deep concern
that incest is not expressly prohibited by law, even though it is forbidden by
customary practice, and that the legislation protects only girls from sexual
abuses.

43. In light of article 19, the Committee
recommends that the State party undertake studies on domestic violence,
ill-treatment and abuse, including sexual abuse, in order to understand the
scope and nature of these practices, adopt adequate measures and policies, and
contribute to changing 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-friendly
investigative and judicial procedure, especially in light of the restrictive
rules on evidence against family members, and sanctions applied to perpetrators,
with due regard given to protecting the right to privacy of the child. Measures
should also be taken to ensure 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. It also recommends
that the State party adopt appropriate legislative measures to prohibit incest
and protect boys as well as girls from sexual abuse. The Committee recommends
that the State party seek technical assistance from, among others, UNICEF and
WHO.

6. Basic health and
welfare

Health and health services

44. While noting the efforts of the State party
to improve the general situation of health such as the development of a
Fifteen-Year Strategic Health Plan for the years 2001 to 2015, the Committee is
nevertheless concerned that the survival and development of children within the
State party continue to be threatened by illnesses caused by inadequate
sanitation, hygiene and diet, and that vitamin A and iodine deficiencies are
widespread. The Committee is also concerned about the insufficient number of
local trained health workers; wide discrepancies in the distribution of health
professionals between communities; limited access to health services in the
outer island communities; and poor sanitation and limited access to safe
drinking water, particularly in recently developed urban areas and the outer
islands communities.

45. The Committee recommends that the State
party allocate appropriate resources and develop comprehensive policies and
programmes to improve the health situation of children and facilitate greater
access to primary health services. It encourages the State party to continue its
efforts to reduce the incidence of child and infant mortality and to undertake
additional measures to increase access to safe drinking water and to improve
sanitation. Further, with reference to the lack of trained local health workers
and the tendency for these workers to emigrate, the Committee recommends that
the State party reinforce its efforts to recruit and train more health workers
and take appropriate measures to encourage those trained abroad to return after
their training and practise in the Marshall Islands, in particular in the outer
islands. Additionally, the Committee encourages the State party to continue its
technical cooperation programmes with the Asian Development Bank (ADB), UNICEF,
WHO and others to improve primary health care.

Malnutrition

46. The Committee, while noting that the State
party has implemented a food and nutrition programme, expresses its concern at
the increasing number of cases of malnutrition, due also to overcrowding in
urban areas and the importation of food having high levels of sugar and fat, and
at the low levels of breastfeeding.

47. The Committee recommends that the State
party strengthen its nutrition programme in order to prevent and combat
malnutrition and assess the impact of the programme on those affected with a
view eventually to improving its effectiveness, in particular by encouraging
healthier nutritional habits. It further encourages the National Nutrition and
Children's Council to continue its work on a national breastfeeding
policy.

Children with disabilities

48. While noting with appreciation the
activities of the Maternal and Child Health programme (MCH) regarding the
assistance to and rehabilitation of children with disabilities and the
establishment of an Inter-agency Council for Disabled Persons following the
Conference on Disability and Law in March 2000, the Committee remains concerned
that insufficient efforts have been made in practice to protect the rights of
children with disabilities.

49. The Committee recommends that the State
party allocate the necessary resources for programmes and facilities for
children with disabilities. 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 recommended that the State party develop early identification programmes to
prevent disabilities, establish special education programmes for children with
disabilities and further encourage their integration into the educational system
and inclusion into society. The Committee recommends that the State party seek
technical cooperation for the training of persons working with and for children
with disabilities from, among others, UNICEF and WHO.

Adolescent health

50. The Committee expresses its concern
regarding the limited availability of programmes and services in the area of
adolescent health problems, including accidents, suicide, violence, the increase
in sexually transmitted diseases (STDs) and abortions. The Committee is also
particularly concerned at the high and increasing incidence of teenage pregnancy
and the increasing rates of suicide, especially among young boys, as well as the
increase in the use of alcohol and tobacco among youth, in particular young
girls.

51. The Committee recommends that the State
party increase its efforts to promote adolescent health policies, particularly
with respect to accidents, suicides, violence, alcohol consumption and tobacco
abuse. The Committee further suggests that a comprehensive and multidisciplinary
study be undertaken in order to understand the scope of adolescent health
problems, including the negative impact of early pregnancy, STDs and HIV/AIDS.
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
reproductive health, and to develop youth-friendly counselling, care and
rehabilitation facilities that are accessible, without parental consent when in
the best interests of the child. The State party is urged to strengthen
reproductive health education programmes for adolescents and to ensure that men
are included in all training programmes on reproductive health. The Committee
encourages the State party to continue its technical cooperation programmes with
the United Nations Population Fund (UNFPA) and UNICEF on these issues and to
seek additional technical cooperation from WHO and UNAIDS.

7. Education, leisure and
cultural activities

Education

52. While noting with interest the number of
national efforts to review the system of education in the State party, in
particular the Education Act of 1991, the Committee is concerned about the low
enrolment rate in elementary and secondary schools; the high drop-out rate of
students in high schools; the insufficient numbers and low standard of
trained/qualified teachers and schools available, in particular in the outer
islands; the poor quality of education and the lack of vocational training in
schools. Further, the Committee expresses its concern at the lack of play space
and recreational facilities for children, both in the urban centres and in the
outer islands.

53. In light of article 28 of the Convention,
the Committee recommends that the State party undertake appropriate measures to
ensure regular attendance at schools, the reduction of drop-out rates and the
incorporation of vocational education in school curricula. It also encourages
the State party to continue to strengthen the teacher training programme in
order to increase the number of trained teachers and improve the quality of
teaching. The Committee further recommends that the State party seek to ensure
the right of the child to rest and leisure and to engage in play and
recreational activities, inter
alia, by developing appropriate
facilities, including in the outer islands. The Committee recommends that the
State party continue to strengthen its technical cooperation programmes with the
ADB and other partners in order to develop a thorough and efficient educational
system.

8. Special protection
measures

Economic exploitation

54. The Committee is concerned at the absence of
specific legislation regulating child labour and at the lack of information and
data on this issue, especially in view of the high drop-out rates in high
schools.

55. In light of existing international norms and
standards, the Committee recommends that the State party develop legislation on
child labour including a prohibition, as well as a definition of hazardous and
harmful work and/or of the activities considered to be hazardous, harmful to the
child's health or development or to interfere with the child's education; an
indication of the minimum age for admission to employment; and appropriate
regulation of the working hours and conditions of employment of children. It
further encourages the State party to consider ratifying ILO Convention No. 138
concerning Minimum Age for Admission to Employment and ILO Convention No. 182
concerning the Prohibition and Immediate Action for the Elimination of the Worst
Forms of Child Labour. In this regard, the Committee encourages the State party
to seek technical cooperation for the development of the legislation from
ILO.

Administration of justice

56. While acknowledging the existence of a
Juvenile Procedure Act and the important fact that professionals working in the
juvenile justice system have received training on the provisions of the
Convention, the Committee remains concerned that the juvenile justice system is
not fully in compliance with the Convention. This applies in particular to the
failure to separate juvenile and adult prisoners and the use of the concept of
status offences which punishes behaviour by a child that would not be punishable
if committed by an adult.

57. The Committee recommends that the State
party review its law and practices regarding the juvenile justice system in
order to bring it into full compliance with the Convention, in particular
articles 37, 40 and 39, as well as 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),
with a view to abolishing status offences and ensuring child-friendly practices
at the police and other levels of the juvenile justice system and the separation
of juvenile and adult offenders in prison. With regard to the last, the State
party is encouraged expeditiously to complete the building of the prison
facility that will allow for the separation of juvenile and adult prisoners. The
Committee further recommends that the State party seek assistance from, among
others, OHCHR, the Centre for International Crime Prevention, the International
Network on Juvenile Justice and UNICEF, through the Coordination Panel on
Technical Advice and Assistance on Juvenile Justice.

Sexual exploitation

58. The Committee, while noting the
establishment of a task force on prostitution within the Ministry of the
Interior and the preparation of legislation on prostitution, nevertheless notes
with concern the vulnerability of young girls in particular to sexual
exploitation and abuse.

59. The Committee recommends that the State
party expedite the adoption of the legislation on prostitution 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 all necessary measures and
programmes to prevent and combat sexual exploitation and abuse of children
taking into account the Agenda for Action of the Stockholm World Congress
against Commercial Sexual Exploitation of Children. The Committee also invites
the State party to consider ratifying the Optional Protocol to the Convention on
the sale of children, child prostitution and child pornography.

9. Dissemination of documents
from the reporting process

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

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