Distr.

GENERAL

CRC/C/15/Add.149
21 February 2001

Original: ENGLISH

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

CRC/C/15/Add.149.
(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

Palau

1. The Committee considered the initial report
of Palau (CRC/C/51/Add.3), received on 21 October 1998, at its 691st to 692nd
meetings (see CRC/C/SR.691-692), held on 23 January 2001, and adopted at the
697th meeting, held on 26 January 2001 the following concluding
observations.

A.
Introduction

2. The Committee welcomes the submission of the
State party's initial report, which followed the established guidelines. The
Committee welcomes the written replies to its list of issues (CRC/C/Q/PAL/1)
which allowed for a clearer understanding of the situation of children's rights
in the State party. The Committee is encouraged by the dialogue it had with the
State party and acknowledges that the presence of a delegation involved in the
implementation of the Convention allowed for a fuller assessment of the
situation of children in Palau.

B. Positive
aspects

3. The Committee expresses satisfaction with the
quality of the State party report, which provided information on the practical
implementation of the Convention, as well as the challenges and limitations
faced in this regard. The Committees notes with appreciation that the
preparation of the State report was a collaborative process that involved
political and community leaders, including the Council of Chiefs, as well as
civil society and the general public.

4. The Committee notes the establishment in 1995
of the National Committee on Population and Children (CoPopChi), the
inter-agency committee mandated inter
alia to monitor implementation of the
Convention. The Committee also welcomes the inclusion of NGOs in the membership
of CoPopChi and its work in cooperation with the Council of Chiefs.

5. The Committee notes with appreciation the
efforts of the State party to disseminate the principles and provisions of the
Convention. In particular, the Committee notes that the State party has
translated the Convention into Palauan and distributed it at public meetings, in
schools and among parents.

6. The Committee welcomes the National Plan of
Action for Children presented to it by the State party, which identifies
priority areas for action and makes recommendations with regard to agencies and
organizations best suited to implement the Plan.

7. The Committee welcomes the establishment of
the Victims of Crime Assistance (VOCA) programme that operates within the
Ministry of Health to provide assistance to victims of child abuse and domestic
violence.

8. The Committee welcomes the recent (1997-1998)
legal amendment that provides for compulsory education for all children between
the ages of 5 and 17 years.

C. Factors and difficulties
impeding the implementation of the Convention

9. The Committee notes the challenges faced by
the State party in implementing adequate programmes and services for children
living in the outer islands, which are in some instances isolated and very
difficult to reach. The Committee also notes that the limited availability of
skilled human resources, compounded by the relatively high rate of emigration,
also adversely affects the full implementation of the Convention. Additionally,
it is noted that a significant portion of the State party's financing is derived
from transfer payments from the United States under the Compact of Free
Association, the phasing out of which in 2009 may have an impact on the
allocation of budgetary resources for children. The implementation of the
Convention is further hindered by the fact that the National Master Development
Plan, established in 1998 as a strategic framework for achieving economic
independence, does not include children's programmes.

D. Subjects of concern and the Committee's
Recommendations

1. General measures of
implementation

Status of the Convention in domestic law

10. The Committee notes that the Convention on
the Rights of the Child may not be invoked before the courts unless the relevant
articles have been enacted into the Palau Code and expresses concern that
insufficient efforts have been made to facilitate this process.

11. The Committee recommends that the State
party take all appropriate measures to enact domestic legislation to give direct
effect to the Convention.

Legislation

12. While the Committee notes that the State
party has undertaken a study to determine the inconsistencies between its laws
(both statutory and customary laws) and the Convention, it is concerned that
insufficient efforts have been made to address the inconsistencies found.
Concern is expressed that domestic legislation still does not fully conform to
the principles and provisions of the Convention.

13. The Committee recommends that the State
party take all effective measures to ensure that its laws conform fully to the
principles and provisions of the Convention. The Committee also encourages the
State party to consider the possibility of enacting a comprehensive code for
children. The Committee recommends that the State party seek technical
assistance from, inter
alia, the Office of the High
Commissioner for Human Rights and UNICEF.

Ratification of international human rights
instruments

14. The Committee expresses regret that the
State party has not yet acceded to the six main international human rights
instruments, including the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families. The Committee notes
that these international human rights instruments would reinforce a culture of
human rights and strengthen the efforts of the State party to meet its
obligations in guaranteeing the rights of all children under its jurisdiction.

15. The Committee encourages the State party to
consider the possibility of acceding to the international human rights
instruments to which it is not yet a party.

Coordination

16. While the Committee notes that the
National Committee on Population and Children (CoPopChi) has been established to
coordinate the implementation of the Convention, it is concerned that
insufficient human and financial resources have been allocated for the
Committee.

17. The Committee recommends that the State
party allocate adequate human and financial resources to CoPopChi.

18. The Committee notes that the State party has
elaborated a National Plan of Action for Children that establishes priorities
that are largely consistent with the provisions and principles of the
Convention. However, the Committee is concerned that the Office of Child and
Family Support, identified in the National Plan of Action for Children as the
focal point for children and family support activities, as well as for the
implementation of the Convention, has not yet been established.

19. The Committee encourages the State party to
take all appropriate measures to implement the proposed National Plan of Action
for Children. The Committee recommends that the State party take all appropriate
measures to establish the Office of Child and Family Support and to ensure that
adequate financial, human and technical resources are allocated to that office
to enable it to function effectively.

Data collection

20. The Committee notes that the report and the
core document of the State party both contain substantive statistical data. The
Committee is concerned that the State party's data collection mechanism does not
adequately allow for the systematic and comprehensive collection of
disaggregated data on and the effective monitoring and evaluation of progress
achieved in implementing policies and programmes for children below the age of
18 years.

21. The Committee recommends that the State
party reinforce its efforts to develop a comprehensive system of data collection
incorporating all the areas covered by the Convention. Such a system should
cover all children below the age of 18 years, with specific emphasis on those
who are particularly vulnerable, including children of non-Palauan parentage,
especially children of immigrant families; children living in the outer islands;
children in conflict with the law; children of single-parent families; and
sexually abused children, including boys. In this context, the Committee
recommends that the State party seek technical assistance from, inter alia, the
United Nations Population Fund (UNFPA) and
UNICEF.

Independent monitoring structure

22. The Committee notes that the State party,
under the National Plan of Action for Children, intends to establish an
ombudsperson for children within the proposed Office for Child and Family
Support. The Committee further notes that that office will also be responsible
for coordinating the implementation of the Convention. The Committee expresses
concern at the potential conflict of interest that may arise as a result of
having the same office responsible for both coordination and monitoring.

23. The Committee encourages the State party to
reinforce its efforts to establish an independent monitoring mechanism, such as
an ombudsperson for children, to deal with complaints of violations of the
rights of children and to provide remedies for such violations. The Committee
further encourages the State party to take all appropriate measures to ensure
that the office of the ombudsperson is allocated adequate resources and is
child-friendly and accessible to children. The Committee suggests that the State
party introduce an awareness raising campaign to facilitate the effective use by
children of the monitoring mechanism. The Committee further suggests that the
State party reconsider its proposal to incorporate the ombudsperson for children
within the Office for Child and Family Support so as to ensure that the agency
with responsibility for coordinating implementation of the Convention is not
also responsible for monitoring implementation.

Allocation of budgetary and human
resources

24. The Committee notes with concern that
budgetary allocations for education and social services have been gradually
reduced since independence (1994) and that there is a scarcity of resources for
welfare and social services. The Committee is further concerned that there is no
social welfare system in the State party. Additionally, the Committee is
concerned that in the light of article 4 of the Convention, not enough attention
has been paid to allocating budgetary resources, at both the national and
community levels, in favour of children "to the maximum extent of … available
resources". The Committee expresses concern that insufficient efforts have been
made to ensure that an adequate proportion of financing gained through
international cooperation is allocated to children's programmes.

25. In the 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 possible with international cooperation. In allocating resources, the
State party should pay particular attention not only to education and health,
but also to social services, especially in the outer islands and among
non-Palauan children, to redress the gradual reduction in allocation to these
areas. The Committee recommends that the State party establish a social welfare
system to protect vulnerable children, particularly in the light of the recent
trend towards charging fees for social services. The Committee also recommends
that the State party allocate adequate resources to strengthen the
infrastructure of professionals working with and for children. The Committee
encourages the State party to reinforce its efforts in preparation for the
eventual phasing out of the Compact of Free Association by, inter alia,
allocating adequate financial and human resources. In this connection, the State
party should guarantee greater protection for the most vulnerable groups of
children against the adverse effects of these economic changes.

Dissemination of the Convention

26. The Committee notes the initiatives of the
State party to promote awareness of the principles and provisions of the
Convention, including the translation of the Convention into Palauan and the
collaborative process involved in the preparation of the report. The Committee
is concerned, however, that State officials, parliamentarians, professional
groups, children, parents, traditional leaders and helpers and the public at
large are still not sufficiently aware of the Convention and the rights-based
approach enshrined therein.

27. The Committee recommends that greater effort
be made to ensure that the provisions of the Convention are widely known and
understood by adults and children alike, particularly at the community level. In
this regard, the Committee recommends the reinforcement of adequate and
systematic training and/or sensitization of State officials; parliamentarians;
and professional groups working with and for children, such as judges, lawyers,
law enforcement personnel, teachers, school administrators and health personnel,
including psychologists and social workers, as well as traditional community
leaders and helpers. Further, the Committee 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 also encourages the State party
to continue to promote the Convention through, inter alia, the
use of local languages and traditional methods of communication. The Committee
suggests that the State party seek technical assistance from, inter alia, the
Office of the High Commissioner for Human Rights and UNICEF.

2. Definition of the
child

28. The Committee expresses concern regarding
the low legal age for criminal responsibility (10 years). The Committee notes
with concern that the State party has not yet established legal minimum ages for
sexual consent of boys and employment for children. The Committee notes that the
National Youth Policy Task Force has proposed a narrowing of the definition of
youth from 15-45 years to 15-34 years. However, it is concerned that the Task
Force's new proposal still does not take into account the definition of the
child (all persons below the age of 18 years) provided in the Convention.

29.
The Committee recommends that the State
party raise the legal age for criminal responsibility. The Committee recommends
that the State party take all appropriate measures to introduce legal minimum
ages for sexual consent of boys and employment of children to ensure conformity
with the principles and provisions of the Convention and to guarantee greater
protection for all children below the age of 18 years. In the light of
article 1 of the Convention, the Committee recommends that the State party
reconsider its proposal regarding the definition of youth.

3. General
principles

30. The Committee wishes to express its concern
that the State party does not appear to have fully taken into account the
provisions of the Convention, especially its general principles, as reflected in
articles 2 (non-discrimination), 3 (best interests of the child), 6 (survival
and development) and 12 (respect for the views of the child), in its
legislation, its administrative and judicial decisions, as well as in its
policies and programmes relevant to children.

31. It is the Committee's view that further
efforts should be undertaken to ensure that the Convention, and in particular
the general principles, not only guide policy discussion and decision-making,
but are also appropriately integrated in all legal amendments, as well as in
judicial and administrative decisions and in projects, programmes and services
which have an impact on children.

Non-discrimination

32. The Committee notes with concern that the
principle of non-discrimination is not adequately implemented, in particular
with respect to vulnerable groups of children, especially children of
non-Palauan parentage, including children of immigrant families and children
adopted through inter-country adoptions; children living in the outer islands;
and children living and/or working on the streets. The Committee is particularly
concerned about their limited access to adequate health, education and other
social services. The Committee also expresses concern at the disparity in
the legal minimum age for marriage of girls (16 years) and boys (18
years).

33. The Committee recommends that the State
party increase its efforts to ensure the implementation of laws, policies and
programmes guaranteeing the principle of non-discrimination and full compliance
with article 2 of the Convention, particularly as it relates to the vulnerable
groups. In particular, the Committee recommends that the State party take all
appropriate measures, including those of a legal nature, to ensure that
non-Palauan children are afforded equal and adequate access to health, education
and social services. The Committee further recommends that the State party take
all appropriate measures to increase the legal minimum age of marriage for girls
to that of boys (18 years).

Best interests of the child

34. The Committee is concerned that the general
principle of the best interests of the child (art. 3) has not been taken fully
into account in the State party's legislative, administrative and judicial
decisions, as well as in policies and programmes relevant to
children. In this regard, the Committee notes that under customary
law, family matters usually reflect "the best interests of all concerned
parties" as opposed to "the principle of the best interests of the
child".

35. The Committee recommends that the State
party take all appropriate measures to ensure that the general principle of the
best interests of the child is appropriately integrated in all legal provisions
and under customary law, as well as in judicial and administrative decisions and
in projects, programmes and services which have an impact on children.

Respect for the views of the child

36. The Committee notes that the views of
children aged 12 years and older are heard in court on matters relating to their
own adoption and that children are heard in criminal cases. In other matters the
right of the child to express his or her views in court is at the discretion of
the judge. While noting that family law matters are generally dealt with under
customary law, the Committee is concerned that traditional culture, values and
attitudes may not always facilitate expression and consideration of the views of
children.

37. In the light of article 12 of the
Convention, the Committee recommends that the State party develop a systematic
approach to increase awareness, including among traditional leaders, of the
participatory rights of children; and to further encourage respect for the views
of the child in the family, communities, schools, and administrative and
judicial systems. The Committee welcomes the positive reaction of the delegation
to the proposal to consider the establishment of a children's parliament and
encourages the State party to review the process undertaken by other States in
establishing such a parliament or encouraging some other framework for the
participation of children in society.

4. Family environment and
alternative care

Children deprived of a family environment

38. The Committee notes with concern the
breakdown of the traditional extended family structure and the increasing number
of female-headed households, particularly in the light of the lack of a welfare
support system and alternative care facilities, as well as of inadequate early
child-care services. The Committee further expresses concern at the increasing
number of children living and/or working on the streets and the lack of
policies, programmes and services to provide greater protection and care for
these children and to strengthen families.

39. The Committee recommends that the State
party undertake a needs-assessment study of female-headed households with a view
to ensuring adequate availability and accessibility of welfare programmes,
alternative care facilities and early child-care services. The Committee
recommends that the State party undertake a study to understand the scope and
nature of the increasing phenomenon of children living and/or working on the
streets. Additionally, the Committee recommends that the State party establish
mechanisms to ensure that children living and/or working on the streets are
provided with nutrition, clothing, housing, health and rehabilitation services,
education, and vocational and life-skills training. Moreover, in the light of
the weakening of the extended family structure, the Committee recommends that
special attention should be paid to the strengthening of families as social
units. The Committee recommends that the State party cooperate and coordinate
its efforts with civil society in this regard.

Adoptions and foster care

40. The Committee expresses concern at the
inadequate legislation, policies and institutions to regulate inter-country
adoptions and to protect the rights of children in this regard. It is noted with
concern that the law regarding inter-country adoptions does not allow the
adopting parents to transfer their nationality to non-Palauan adopted
children. Additionally, concern is expressed that children in
inter-country adoptions are generally not eligible for a Palauan passport; and
may not own or inherit land or benefit from health, education and social service
subsidies. The Committee expresses further concern at the lack of monitoring
with respect to both domestic and inter-country adoptions, as well as the
widespread practice of unmonitored informal adoptions within the State party.
The Committee notes with concern that despite the impact of urbanization and the
changing nature of the traditional extended family support system, the State
party has not yet instituted a foster care programme and other alternative care
facilities.

41. In the light of article 21 of the
Convention, the Committee recommends that the State party establish proper
monitoring procedures with respect to both domestic and inter-country adoptions
and introduce adequate measures to monitor the practice of traditional informal
adoptions with the view to preventing abuse and protecting the best interests of
the child. Additionally, it is recommended that the State party take all
appropriate measures, including legal and administrative ones, to ensure the
effective regulation of inter-country adoptions and to protect the rights of
children in this regard. The Committee recommends that the State party consider
the implementation of foster care and other alternative care programmes to
guarantee greater protection and care for children deprived of a family
environment. The Committee encourages the State party to consider the
possibility of acceding to the Hague Convention of 1993 on the Protection of
Children and Cooperation in Respect of Inter-country Adoption.

Abuse/neglect/maltreatment/violence

42. The Committee notes the establishment of the
VOCA Programme that provides support services for victims of child abuse and
domestic violence, as well as the recent studies undertaken on domestic violence
and child abuse. The Committee is concerned about the increasing incidence
of sexual abuse of children, including within the family, as well as the
continued lack of awareness about domestic violence, ill-treatment, abuse
(sexual, physical and psychological) and neglect of children. Concern is also
expressed at the insufficient financial and human resources allocated to VOCA,
as well as the inadequate programmes established to prevent and combat all forms
of abuse against children and to facilitate the rehabilitation of child victims.
The Committee is also concerned about the lack of authority under law to remove
a child from harmful situations within the home in order to protect
him/her.

43. In the light of article 19, the Committee
recommends that the State party reinforce its efforts to prevent and combat
domestic violence; child abuse, including sexual abuse; and ill-treatment and
neglect of children. It further recommends that the State party take all
appropriate measures to ensure that cases of domestic violence, ill-treatment
and sexual abuse of children are properly investigated in the context of a
child-friendly judicial procedure and that sanctions are applied to
perpetrators, with due regard given to protecting the right to privacy of the
child. Additionally, all appropriate measures should be taken to guarantee the
physical and psychological recovery and social reintegration of child victims,
in accordance with article 39 of the Convention, including through awareness
raising on the role of VOCA. The Committee recommends that the State party
review its legislation to guarantee greater protection for children in harmful
situations. The Committee recommends that the State party seek technical
assistance from, inter
alia, UNICEF.

Corporal punishment

44. The Committee notes that the Master Plan for
Education (2000) is aimed, inter
alia, at strengthening the network of
guidance and counselling and at discouraging and preventing the use of physical
punishment at both the primary and secondary school levels. The Committee is concerned, however, that corporal
punishment is still practised and widely accepted in the State party and that
domestic legislation generally does not prohibit and eliminate its use in homes
and schools.

45. The Committee recommends that the State
party take all appropriate measures, including of a legislative nature, to
prohibit and eliminate all forms of corporal punishment in schools and in homes.
The Committee further suggests that awareness raising and education campaigns be
conducted to change public attitudes and ensure that alternative forms of
discipline are administered in a manner consistent with the child's human
dignity and in conformity with the Convention, especially articles 19 and
28.2.

5. Basic health and
welfare

Health and health services

46. The Committee notes the efforts of the State
party to improve early childhood health care and services and to introduce a
health insurance programme. While the Committee notes the introduction of a training
programme to promote proper breastfeeding techniques, it remains concerned about
the continued decline in breastfeeding, especially among working mothers. The
Committee notes with concern the increasingly poor nutrition practices and food
choices, including within the school lunch programme, as well as the high
incidence of overweight and obesity among children, especially those living in
urban areas. The Committee notes that abortion is illegal except on medical
grounds and expresses concern regarding the best interests of child victims of
rape and/or incest in this regard. Concern is also expressed about the
inadequate environmental health conditions in the State party, particularly as
regards solid waste management.

47. The Committee recommends that the State
party reinforce its efforts to promote proper breastfeeding practices,
especially among working mothers and in the work environment. The Committee
recommends that the State party take all appropriate measures to promote and
encourage healthy nutritional practices, in order to prevent and address
overweight and obesity among children. The Committee recommends that the State
party review its legislation concerning abortion, with a view to guaranteeing
the best interests of child victims of rape and incest. Further, it recommends
that the State party reinforce its efforts to improve environmental health,
particularly as regards solid waste management.

Adolescent Health

48. The Committee expresses its concern with
respect to the limited availability of programmes and services and the lack of
adequate data in the area of adolescent health, including suicides; mental
health, particularly with respect to boys; teenage pregnancy; STDs; and the use
and abuse of tobacco, betelnut, alcohol and illicit drugs.

49. The Committee recommends that the State
party increase its efforts to promote adolescent health policies and services
and to further strengthen reproductive health education, including the promotion
of male acceptance of the use of contraceptives. The Committee further suggests
that a comprehensive and multidisciplinary study be undertaken to understand the
scope of adolescent mental health concerns. Additionally, it is recommended that
the State party undertake further measures, including the allocation of adequate
human and financial resources, to increase the number of social workers and
psychologists, and to develop accessible youth-friendly care, counselling, and
rehabilitation facilities for adolescents. The Committee encourages the State
party to seek technical assistance from, inter alia,
UNICEF and the World Health Organization.

Children with disabilities

50. While the Committee notes that the State
party has enacted legislation to protect children with disabilities and
established an Inter-agency Task Force on Children with Special Needs, it is
concerned that there are insufficient programmes, services and resources for
children in this regard. The Committee is also concerned about the insufficient
efforts and the reluctance of teachers to facilitate the inclusion and
acceptance of children with disabilities into the regular school system, despite
requirements under law.

51. 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), it
is recommended that the State party strengthen its efforts to develop early
identification programmes to prevent disabilities; establish special education
programmes for children with disabilities; and implement the law that provides
for their inclusion within the school system. Additionally, the Committee
encourages the State party to reinforce its efforts to raise awareness and
sensitize the public about the rights and special needs of children with
disabilities, including children with mental health concerns. In this regard,
the Committee encourages the State party to consider including mental
disabilities within the definition of disabilities; to ensure that children with
such concerns are provided adequate care, services and rehabilitation; and to
guarantee adequate human and financial resource allocations. The Committee
further recommends that the State party seek technical cooperation for the
training of professional staff working with and for children with disabilities
from, inter alia, the World Health Organization.

6. Education, leisure and cultural
activities

Right to and aims of education

52. The Committee notes the Master Plan for
Education 2000, which is aimed at, inter
alia, improving the quality and
relevance of education and preparing students for adult life. However, the Committee is concerned about the inadequate
performance of students and the continually high drop-out rates, particularly at
the secondary school level. Concern is expressed regarding the insufficient
teacher support in smaller schools in the rural areas and the outer islands, as
well as the situation of overcrowding in the larger schools in the urban
centres. The Committee expresses concern that there is no physical education
programme in the school system. The Committee notes with concern that the
budgetary allocations for education have been progressively reduced since
independence in 1994. The Committee also notes with concern the lack of clear
policy and practice on the incorporation of Palauan, as a parallel language, in
the educational curriculum.

53. The Committee recommends that the State
party take all appropriate measures, including the allocation of adequate
financial, human and technical resources, to improve the situation (including
the quality and relevance) of education and to ensure that all children enjoy
the right to education. The Committee further recommends that the State party
seek to implement additional measures to encourage children, especially boys, to
stay in school, particularly during the period of compulsory education. In this
connection, it is recommended that the State party undertake a study on school
drop-out and the linkages between the drop-out rate and the relevance of
educational material and methods of teaching. In the light of article 31, the
Committee recommends that the State party introduce a physical education
programme into the school curriculum. The Committee encourages the State party
to reinforce its efforts to establish clear policy and practice regarding the
use of Palauan as a parallel language in the school curriculum. The Committee
recommends that the State party undertake a review of the aims of education
outlined in the Master Plan for Education 2000, with a view to ensuring full
conformity with article 29.1 and other relevant articles of the Convention. It
is further recommended that the State party seek to strengthen its educational
system through closer cooperation with UNICEF and UNESCO.

7. Special protection
measures

Economic exploitation

54. The Committee expresses concern at the
absence of adequate labour laws to protect children from economic
exploitation. In the light of the increasing number of school
drop-outs, the lack of a minimum age for employment and the increasing number of
children living and/or working on the streets, the Committee is concerned about
the lack of information and adequate data on the situation of child labour and
economic exploitation in the State party.

55. In the light of article 32 of the
Convention, the Committee recommends that the State party enact legislation to
protect children from economic exploitation and introduce appropriate monitoring
mechanisms to ensure the enforcement of such laws, including in the informal
sector. It is further recommended that the State party undertake a comprehensive
study to assess the situation with regard to child labour. The Committee
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 Elimination of the Worst Forms of Child Labour.

Drug abuse

56. The Committee is concerned at the high
incidence of drug, alcohol and substance abuse (including the use of betelnut)
among young people and the limited psychological, social and medical programmes
and services available in this regard.

57. In the light of article 33 of the
Convention, the Committee recommends that the State party take all appropriate
measures, including administrative, social and educational measures, to protect
children from the illicit use of alcohol, narcotic drugs and psychotropic
substances and to prevent the use of children in the illicit production and
trafficking of such substances. It encourages the State party to strengthen its
efforts to implement rehabilitation programmes dealing with child victims of
alcohol, drug and substance abuse. In this regard, the Committee encourages the State
party to consider seeking technical assistance from, inter alia,
UNICEF, WHO and the United Nations International Narcotics Control Board.

Sexual exploitation and sexual abuse (art.
34)

58. The Committee expresses its concern about
the inadequate legal protection of children, particularly boys, against
commercial sexual exploitation, including prostitution and
pornography. Concern is also expressed at the insufficient programmes
for the physical and psychological recovery and social reintegration of child
victims of such abuse and exploitation.

59. In the light of article 34 and other related
articles of the Convention, the Committee recommends that the State party take
all appropriate measures to ensure adequate legal protection of children,
including boys, against commercial sexual exploitation and pornography. The
Committee recommends that the State party undertake all appropriate measures to
ensure the non-stigmatization and non-criminalization of child victims of sexual
abuse and exploitation. Additionally, it is recommended that the State party
undertake studies with a view to understanding the scope of the problem and
implementing appropriate policies and measures, including the physical and
psychological recovery and social reintegration of child victims. The Committee
recommends that the State party take into account the recommendations formulated
in the Agenda for Action adopted at the 1996 Stockholm World Congress against
Commercial Sexual Exploitation of Children and that it raise the age for
protection against commercial sexual exploitation to 18 years.

Administration of juvenile justice

60. While the Committee notes the efforts of the
State party in the area of juvenile justice, including the recent development,
by the judiciary, of a programme that allows for alternative hearings for
juveniles by the Minister of Justice, it is concerned that additional efforts
are needed in this regard.

61. The Committee recommends that the State
party take all effective measures to implement a juvenile justice system in
conformity with 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. The Committee also recommends that the
State party establish social services to support judges and guarantee the rights
of children (especially the right to a fair hearing) in traditional disciplinary
measures. The Committee further recommends that the State party consider seeking
technical assistance from, inter
alia, the Office of the High
Commissioner for Human Rights, the Centre for International Crime Prevention,
the International Network on Juvenile Justice and UNICEF, through the
Coordination Panel on Technical Assistance and Advice in Juvenile
Justice.

1. Ratification of the
Optional Protocols

62. While noting that the State party does not
have an army or military service, the
Committee recommends that the State party consider signing and ratifying the
Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict. The Committee also recommends that
the State party consider signing and ratifying the Optional Protocol on the sale
of children, child prostitution and child pornography.

2. Dissemination of
reports

63. 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