Distr.

GENERAL

CRC/C/15/Add.156
9 July 2001

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : United Republic of
Tanzania.
09/07/2001.

CRC/C/15/Add.156.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE
CHILD

Twenty-seventh 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

United Republic of Tanzania

1. At its 713th and 714th meetings (see CRC/C/SR.713
and 714), held on 1 June 2001, the Committee on the Rights of the Child
considered the revised initial report of the United Republic of Tanzania
(CRC/C/8/Add.14/ Rev.1), which was submitted on 20 October 1999. Tanzania's
initial report was submitted in 1994, but the Committee requested a more
comprehensive report following the guidelines for the submission of State party
reports. The Committee adopted at the 721st meeting, held on 8 June 2001, the
following concluding observations with respect to the revised initial report of
Tanzania.

A. Introduction

2. The Committee welcomes the submission of the State
party's revised initial report which followed the established guidelines. The
Committee welcomes the written replies to its list of issues (CRC/C/Q/TAN/1)
which allowed for a clearer understanding of the situation of children in the
State party. The Committee is encouraged by the constructive dialogue it had
with the State party and welcomes the positive reactions to the suggestions and
recommendations made during the discussion. The Committee acknowledges that the
presence of a high-ranking delegation directly involved in the implementation of
the Convention allowed for a fuller assessment of the situation of the rights of
children in the State party.

B. Positive
aspects

3. The Committee welcomes the recent amendments (2000)
to the Constitution and other domestic legislation which allowed for the
enactment of the Commission for Human Rights and Good Governance Act
2001.

4. The Committee welcomes the Child Development Policy
which gives direction on how children's issues should be handled and given
priority in accordance with the Convention. The Committee also welcomes the
Tanzania Development Vision 2025 and the Poverty Reduction Strategy Programme
which are intended inter alia, to improve the standard of living of children.

5. The Committee notes with satisfaction that the
State party is one of three countries worldwide that has committed itself to a
time-bound programme to eliminate the worst forms of child labour, starting in
mid-2001.

6. The Committee welcomes the enactment of the Sexual
Offences (Special Provisions) Act of 1998 which provides greater protection for
women and children against sexual abuse and exploitation.

7. The Committee welcomes the establishment in 1997 of
the State party's first juvenile court and notes the intention to create
juvenile courts in each region of the country.

8. The Committee notes that the State party encourages
the active participation of NGOs in promoting and implementing children's rights
and that NGOs were invited to participate in the preparation of the State
party's report.

C. Factors and difficulties
impeding the implementation of the Convention

9. The Committee acknowledges that the economic and
social difficulties facing the State party have had a negative impact on the
situation of children and have impeded the full implementation of the
Convention. In particular, it notes the impact of the structural adjustment
programme, high external debt payments, and increasing levels of unemployment
and poverty within the State party. The Committee further notes that the limited
availability of skilled human resources also adversely affects the full
implementation of the Convention.

D. Subjects of concern and
recommendations

1. General measures of
implementation

Legislation

10. The Committee is encouraged by the commitment
expressed by the State party to incorporate the general principles of the
Convention into all domestic legislation relevant to children. The Committee
notes that a review of domestic law was undertaken by the Law Reform Commission
to determine any inconsistencies with the Convention and that efforts have been
made to introduce some of the recommendations of the Commission. However, the
Committee remains concerned that domestic, applied Islamic and customary law
still do not fully comply with the provisions and principles of the Convention.

11. The Committee recommends that the State party
reinforce its efforts to ensure that domestic law, including Islamic and
customary law, fully conforms with the provisions and principles of the
Convention on the Rights of the Child. The Committee encourages the State party
to consider adopting a comprehensive children's code which would include the
principles of the Convention, with a view to enhancing a rights based approach.
In this regard, the Committee further recommends that the State party seek
technical assistance from, among others, OHCHR and UNICEF.

Coordination

12. While the Committee notes that the Ministry of
Community Development, Women Affairs and Children is the agency responsible for
coordination and implementation of the Convention on the mainland, it is
concerned about the insufficient authority delegated and inadequate resources
allocated for the effective functioning of the Ministry. While noting that the
Ministry of State, Women and Children is responsible for coordinating the
implementation of the Convention in Zanzibar, the Committee expresses concern
about the lack of a comprehensive approach between Zanzibar and the mainland in
coordinating and implementing the Convention.

13. The Committee recommends that the State party take
all effective measures to strengthen the mandate and resources (financial and
human) of the Ministry of Community Development, Women Affairs and Children to
facilitate effective coordination of planning and implementation of the
Convention at the national and local levels. The Committee encourages the State
party to take all effective measures to ensure a comprehensive approach in
coordinating the implementation of the Convention on the mainland and in
Zanzibar.

Data collection

14. The Committee is concerned that the data
collection mechanism within the State party does not ensure the adequate
collection of disaggregated data on all aspects of the Convention, monitor and
evaluate progress achieved, and assess the impact of policies adopted with
respect to children.

15. The Committee recommends that the State party
strengthen its efforts to establish a comprehensive mechanism to collect data,
disaggregated by gender, age, minority and rural/urban residence. The State
party should also develop indicators to effectively monitor and evaluate
progress achieved in the implementation of the Convention and assess the impact
of children's policies. The data collection mechanism should incorporate all the
areas covered by the Convention and cover all children below the age of 18
years, with specific emphasis on those who are particularly vulnerable. In this
context, the Committee recommends that the State party seek technical assistance
from, among others, UNFPA and UNICEF.

Independent monitoring mechanisms

16. While the Committee welcomes the Commission for
Human Rights and Good Governance Act 2001, it expresses concern about the
accessibility and availability of this new mechanism to all children in all
regions of the State party.

17. The Committee suggests that the State party take
all effective measures to ensure that the Commission for Human Rights and Good
Governance is easily accessible and child-sensitive and that it can deal
effectively with complaints of violations of the rights of children and provide
remedies for such violations, in all regions of the country. The Committee
further suggests that the State party conduct an awareness raising campaign
about the Commission and to facilitate its effective use by children. The
Committee encourages the establishment of a focal point on children within the
Commission for Human Rights and Good Governance to monitor children's
rights.

Allocation of budgetary resources

18. While the Committee is aware of the economic
challenges faced by the State party, including increasing poverty levels and
high debt payments, it is concerned that in light of article 4 of the
Convention, not enough attention has been paid in allocating budgetary
resources, at both the national and local levels and in the best interests of
children, "to the maximum extent of ... available resources".

19. 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, especially economically and geographically
disadvantaged groups, to the maximum extent of available resources (at the
national and local levels) and, where needed, within the framework of
international cooperation.

Dissemination of the Convention

20. 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 Kiswahili; the introduction of
children's rights into the curricula of schools and community development and
social welfare institutes; and the production of animated videos and cartoon
characters such as Sara, which promotes the positive development of girls.
However, the Committee is concerned that professional groups, children, parents
and the general public are still not sufficiently aware of the Convention and
the rights-based approach enshrined therein.

21. The Committee recommends that the State party
strengthen its efforts to ensure that the principles and provisions of the
Convention are widely known and understood by adults and children alike. In this
regard, the Committee recommends the reinforcement of 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, health personnel, including psychologists and social workers,
personnel of child-care institutions, and traditional or community leaders. The
Committee recommends that the State party incorporate human rights, especially
the Convention on the Rights of the Child, into the school curricula at all
levels. The Committee encourages the State party to continue to promote the
principles of the Convention through the use of multi-media and traditional
methods of communication. In this regard, the Committee further suggests that
the State party seek technical assistance from, among others, UNHCR and
UNICEF.

2. Definition of the
child

22. The Committee is concerned about the various legal
minimum ages, which are inconsistent, discriminatory and/or too low.

23. The Committee recommends that the State party take
the necessary legislative measures to:

(a) Increase the legal age for criminal
responsibility;

(b) Establish a clear minimum age for marriage which
should be the same for boys and girls;

(c) Bridge the gap between the minimum age for work
(15 years) and the age at which compulsory education ends (13 years), preferably
by increasing the latter.

Death penalty and life imprisonment

24. The Committee notes with concern that the law does
not explicitly prohibit the use of the death penalty or life imprisonment for
children below the age of 18 years.

25. The Committee strongly encourages the State party
to establish by law the prohibition of the use of the death penalty and life
imprisonment for children below the age of 18 years.

3. General
principles

Non-discrimination

26. The Committee notes with concern that the
principle of non-discrimination is not adequately implemented with respect to
certain vulnerable groups of children, especially girls (including their
inheritance rights), children born out of wedlock (including their maintenance
and inheritance rights), young mothers (particularly those belonging to Islamic
communities and those living in Zanzibar, including their right to inherit and
own property), children with disabilities, children of economically
disadvantaged families, children in conflict with the law, children living in
institutions, children living and/or working on the streets, child victims of
abuse, refugee and asylum-seeking children, children belonging to ethnic
minorities, children living in rural areas, and those belonging to pastoralist
communities. The Committee is particularly concerned about their limited access
to adequate health, education and other social services.

27. The Committee recommends that the State party take
all effective measures to implement laws, policies and programmes to guarantee
the principle of non-discrimination and full compliance with article 2 of the
Convention, particularly as it relates to vulnerable groups of children.

Best interests of the child

28. 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.

29. 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 legislation, as well
as judicial and administrative decisions and in projects, programmes and
services which have an impact on children, especially those relating to
marriage, custody, maintenance and inheritance rights.

Right to life, survival and development

30. The Committee expresses concern that the severe
impact of HIV/AIDS, mounting economic challenges and other socio-economic
difficulties continue to threaten the right to life, survival and development of
children within the State party.

31. The Committee encourages the State party to take
all effective measures to provide greater protection and support to children
whose right to life, survival and development is unduly threatened by the
difficult socio-economic realities of the State. In this connection, the
Committee recommends that the State party take all effective measures to
strengthen its technical cooperation with, among others, UNICEF.

Respect for the views of the child

32. While the Committee notes the efforts of the State
party, including its support for a children's parliament, it is concerned that
traditional practices and attitudes still limit the full implementation of
article 12 of the Convention.

33. The Committee recommends that the State party
develop a systematic approach to increasing public awareness of the
participatory rights of children, particularly at the local level and in
traditional communities, and encourage respect for the views of the child in
families, schools and the care and judicial systems.

4. Civil rights and
freedoms

Birth registration

34. The Committee notes that the law provides for the
registration of children at birth and that the State party has initiated
campaigns to raise awareness about the importance of birth registration.
However, it is concerned that most children, particularly those born at home and
those living in rural communities, are not registered.

35. In light of articles 7 and 8 of the Convention,
the Committee recommends that the State party undertake appropriate measures,
including awareness raising among government officers, midwives, community and
religious leaders, and parents themselves, to ensure that all children are
registered at birth. The Committee encourages the State party to introduce
practical measures to facilitate birth registration, such as the introduction of
mobile birth registration units.

Police brutality

36. The Committee is concerned about the incidence of
police brutality, particularly against children living and/or working on the
streets, refugee children and those in conflict with the law. Concern is also
expressed at the inadequate enforcement of existing legislation to ensure that
all children are treated with respect for their physical and mental integrity
and their inherent dignity.

37. The Committee strongly recommends that all
appropriate measures be taken to fully implement the provisions of articles
37(a) and 39 of the Convention. In this regard, the Committee further recommends
that greater efforts be made to prevent police brutality and facilitate the
recovery of child victims through, inter
alia, rehabilitation and compensation.
Additionally, it is recommended that the State party take effective measures to
ensure that the perpetrators of brutality against children are brought to
justice.

Corporal punishment

38. The Committee notes with regret that the law does
not prohibit the use of corporal punishment as a sentence for children and youth
in the juvenile justice system. Concern is also expressed that this type of
punishment continues to be practised in schools, families and care
institutions.

39. The Committee recommends that the State party take
legislative measures to prohibit all forms of physical and mental violence,
including corporal punishment within the juvenile justice system, schools and
care institutions as well as in families. The Committee encourages the State
party to intensify its public awareness campaigns to promote positive,
participatory, non-violent forms of discipline as an alternative to corporal
punishment at all levels of society.

5. Family environment and
alternative care

Protection of children deprived of a family
environment

40. The Committee expresses concern at the increasing
number of children deprived of a family environment, including AIDS orphans.
Concern is also expressed at the inadequate facilities and services for children
deprived of a family environment, the absence of an independent complaint
mechanism for children in alternative care institutions, the inadequate review
of their placement in institutions as well as the lack of available trained
personnel in this field. The Committee notes with concern the absence of a code
of standards for alternative care institutions for children. Concern is also
expressed at the insufficient financial and human resources allocated for
alternative care.

41. The Committee recommends that the State party take
effective measures to improve alternative care, including through the allocation
of adequate financial and human resources. It further recommends that the State
party provide additional training, including in children's rights, for social
and welfare workers, ensure the periodic review of placements in institutions
and establish an independent complaints mechanism for children in alternative
care institutions. Additionally, the Committee recommends that the State party
establish and implement a code of standards to ensure adequate care and the
protection of children deprived of a family environment.

Adoptions and foster care

42. While noting that the Adoption Ordinance provides
for the regulation of adoptions (domestic and intercountry), the Committee
expresses concern that informal adoptions are more widely accepted and practised
within the State party. The Committee also notes the insufficient efforts to
establish an effective foster care programmes within the State party.

43. In light of article 21 of the Convention, the
Committee recommends that the State party introduce adequate administrative
procedures for formal domestic adoptions, in order to prevent the abuse of the
practice of informal adoption and guarantee the protection of the rights of
children in this regard. In light of the increasing number of children deprived
of a family environment, the Committee encourages the State party to promote and
encourage formal adoptions and to establish an effective foster care programme.
Additionally, the Committee encourages the State party to consider the
possibility of acceding to the Hague Convention on the Protection of Children
and Cooperation in Respect of Intercountry Adoption of 1993.

Abuse/neglect/abandonment/maltreatment/violence

44. While the Committee notes the efforts of the State
party, including the recent enactment of the Sexual Offences Special Provisions
Act (1998), it is concerned about the high and increasing incidence of sexual
abuse of children, including within the family. The Committee also expresses
concern at the lack of awareness and information on domestic violence,
ill-treatment and abuse (sexual, physical and psychological) of children; and
the insufficient financial and human resources allocated to programmes to
prevent and combat all forms of abuse against children and to rehabilitate child
victims in this regard.

45. In light of article 19, the Committee recommends
that the State party undertake studies on domestic violence, ill-treatment and
abuse (including sexual abuse within the family) in order to adopt adequate
policies and contribute to changing traditional attitudes. The Committee
encourages the State party to consider introducing mandatory reporting of abuse,
including sexual abuse of children. It also recommends that cases of domestic
violence, ill-treatment and abuse of children be properly investigated within a
child-sensitive judicial procedure and sanctions applied to the perpetrators,
with due regard given to protecting the right to privacy of the child. In
accordance with article 39 of the Convention measures should be taken to ensure
the rehabilitation of victims, as well as the perpetrators. Efforts should also
be made to prevent the criminalization and stigmatization of child victims of
abuse. The Committee encourages the State party to continue its regional
cooperation in combating all forms of violence against women and children. The
Committee recommends that the State party seek technical assistance from, among
others, UNICEF and UNDP.

6. Basic health and
welfare

Right to health and access to health services

46. While the Committee notes the reforms under way in
health care, including the introduction of the integrated management of
childhood diseases (IMCI), it remains concerned about the limited access to
basic health care, related largely to the introduction of user fees in health;
the insufficient number of trained medical personnel; the high incidence of
malaria; high maternal, child and infant mortality rates; a high rate of
malnutrition; poor sanitation and limited access to safe drinking water,
especially in rural areas.

47. The Committee recommends that the State party
allocate appropriate resources and develop comprehensive policies and programmes
to improve the health situation of children. Additionally, the State party
should take all effective measures to facilitate greater access to health
services by, inter alia, abolishing or rationalizing user fees in primary health to
reduce the burden on poor families; increase the number of trained medical and
other health personnel, including traditional healers; facilitate cooperation
between trained medical personnel and traditional healers, especially midwives;
reduce the rates of maternal, child and infant mortality; prevent and combat
malnutrition, especially in vulnerable and disadvantaged groups of children;
increase access to safe drinking water; improve sanitation; and reduce the
incidence of malaria. The Committee encourages the State party to continue its
cooperation through the IMCI and other measures for child health improvement
with, among others, WHO and UNICEF.

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 on early marriage and
pregnancy, HIV/AIDS and STDs, abortion, violence, suicides, mental health, and
alcohol, drug and substance abuse.

49. The Committee recommends that the State party
strengthen adolescent health policies, including reproductive health education.
Further, the Committee suggests that a comprehensive and multidisciplinary study
be undertaken in order to understand the scope of adolescent health problems,
including the special situation of children infected and/or affected by HIV/AIDS
and STDs. Additionally, it is recommended that the State party allocate adequate
human and financial resources to increase the number of social workers and
psychologists and to develop youth-sensitive care, counselling and
rehabilitation facilities for adolescents. It is further recommended that the
State party seek technical assistance from, among others, UNICEF and WHO.

Female genital mutilation

50. While noting that female genital mutilation (FGM)
is prohibited by law, the Committee is concerned that it is still widely
practised in the State party.

51. The Committee recommends that the State party
strengthen its efforts to combat and eradicate the persistent practice of FGM
and other traditional practices harmful to the health, survival and development
of girls, such as infanticide and early and forced marriages. The Committee
urges the State party to continue to carry out sensitization programmes for
practitioners and the general public to change traditional attitudes and
discourage harmful practices.

Children with disabilities

52. The Committee notes that the State party has
enacted legislation concerning the care, maintenance and employment of persons
with disabilities and has established a National Advisory Council to monitor
rehabilitation centres for children with disabilities. However, the Committee is
concerned about the inadequate facilities and services for children with
disabilities, the limited numbers of trained teachers to work with these
children, as well as the insufficient efforts made to facilitate the inclusion
of children with disabilities into the educational system and generally within
society. Concern is also expressed at the inadequate data collection on children
with disabilities.

53. 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
recommended that the State party:

(a) Reinforce its efforts to develop early
identification programmes to prevent disabilities;

(b) Implement alternatives to the institutionalization
of children with disabilities;

(c) Establish special education programmes for them
and, where feasible, include them in the regular school system;

(d) Take effective measures to ensure adequate
training for teachers working with children with disabilities;

(e) Take effective measures to collect adequate
statistical data on children with disabilities, including in Zanzibar, and to
ensure the use of such data in the development of policies and programmes for
these children;

(f) Undertake an awareness raising campaign to
sensitize the public about the rights and special needs of children with
disabilities as well as children with mental health concerns;

(g) Enhance support to families with children with
disabilities;

(h) Seek technical cooperation for the training of
professional staff working with and for children with disabilities from, among
others, WHO.

Right to an adequate standard of living

54. The Committee notes the challenging socio-economic
situation and the efforts of the State party to improve the standard of living
of its people through, inter
alia, the introduction of the Tanzania
Development Vision 2025 and the Poverty Reduction Strategy Programme. However,
it is concerned about the increasingly high number of children who do not enjoy
their right to an adequate standard of living, including children belonging to
poor families, AIDS orphans, children living and/or working on the streets and
children living in remote rural communities.

55. In accordance with article 27 of the Convention,
the Committee recommends that the State party reinforce its efforts to provide
support and material assistance to economically disadvantaged families and to
guarantee the right of children to an adequate standard of living. In this
connection, the Committee recommends that the State party pay particular
attention to the rights and needs of children in the implementation of the
Poverty Reduction Strategy Programme and all other programmes intended to
improve the standard of living in the country. The Committee further recommends
that the State party establish mechanisms to ensure that children living and/or
working on the streets are provided with nutrition, clothing and housing.
Moreover, the State party should ensure that these children are provided
adequate access to health care; rehabilitation services for physical, sexual and
substance abuse; services for reconciliation with their families; and education,
including vocational and life-skills training. The Committee recommends that the
State party cooperate and coordinate its efforts with civil society and local
communities.

7. Education, leisure and cultural
activities

Right to and aims of education

56. The Committee welcomes the Education Sector
Development Programme, which focuses on, inter
alia, access and equity in education, and the
Complementary Basic Education Programme which seeks to improve drop-out rates,
especially of girls. The Committee notes with appreciation that the Government
is considering the possibility of abolishing school fees and other types of
payments for primary school children. However, the Committee remains concerned
about the limited access to education, especially for girls, including pregnant
girls, children from economically disadvantaged families and those living in
remote rural communities. Concern is also expressed regarding high drop-out and
repetition rates, insufficient numbers of trained teachers, insufficient schools
and classrooms, and the lack of relevant learning material. In light of article
29.1 of the Convention, the Committee is also concerned about the quality of
education within the State party. The Committee notes with regret the reported
incidents of sexual abuse and exploitation of girls within the school
environment.

57. The Committee recommends that the State party take
all appropriate measures, including the allocation and distribution of adequate
financial, human and technical resources, to enhance the quality of education
and ensure that all children enjoy the right to education. It is further
recommended that the State party reinforce its efforts to increase access to
education by, inter alia, abolishing user fees at the primary level. In this regard,
the Committee encourages the State to further consider rationalizing user fees
at the secondary and tertiary levels. The State party should pay particular
attention to the quality of education, in light of article 29.1 of the
Convention and the Committee's General Comment No. 1 on the aims of education.
The Committee strongly encourages the State party to take all effective measures
to protect children, especially girls, against sexual abuse and violence within
the school environment and to facilitate the rehabilitation of child victims in
this regard. It is recommended that the State party seek to strengthen its
educational system through closer cooperation with UNICEF and UNESCO.

8. Special protection
measures

Refugee, asylum-seeking children and unaccompanied
children

58. The Committee recognizes the State party's
established practice of hosting refugees from neighbouring States and the
current challenges faced in this regard, caused mainly by the socio-economic
situation. While noting the enactment of the Refugees Act (1998), the Committee
is concerned about the inadequate standards, procedures, policies and programmes
to guarantee and protect the rights of refugee, asylum-seeking and unaccompanied
children, including adequate education, especially post-primary education, and
health and other social services. Concern is also expressed regarding the
situation of abuse, including sexual abuse, and violence against girls in and
around refugee camps. The Committee notes with concern that the present rules
relating to marriages between refugees and Tanzanian nationals are
discriminatory as regards female Tanzanian nationals, particularly concerning
residential status and rights of their spouses and children.

59. The Committee recommends that the State party take
all effective measures to ensure adequate protection of refugee, asylum-seeking
and unaccompanied children, especially girls, and implement further policies and
programmes to guarantee their adequate access to health, educational and social
services. The Committee further recommends that the State party review its
standards and procedures in the asylum process to ensure their consistency with
international standards and introduce special procedures for refugee children,
especially those separated from their families. The Committee recommends that
the State party develop a policy to permit refugees married to Tanzanian
nationals, irrespective of gender, to obtain residential status and/or
naturalization and further guarantee the rights of the children of such unions.
The Committee encourages the State party to enhance its cooperation with
UNHCR.

Economic exploitation

60. The Committee notes that the State party joined
the ILO International Programme on the Elimination of Child Labour (IPEC) in
1994 and subsequently committed itself to a time-bound programme to eliminate
the worst forms of child labour, starting in mid-2001. However, in light of the
current economic situation, the increasing number of school drop-outs and the
increasing number of children living and/or working on the streets, the
Committee is concerned about the large number of children engaged in labour and
the lack of information and adequate data on the situation of child labour and
economic exploitation within the State party.

61. The Committee encourages the State party to
introduce monitoring mechanisms to ensure the enforcement of labour laws and
protect children from economic exploitation, particularly in the informal
sectors. It is further recommended that the State party undertake a
comprehensive study to assess the situation of child labour. In light of the
State party's commitment to the time-bound programme to eliminate the worst
forms of child labour, the Committee encourages the State party to ratify, at
the earliest opportunity, ILO Convention (No. 182) concerning the Prohibition
and Immediate Action for the Elimination of the Worst Forms of Child Labour.

Sexual exploitation and sexual abuse

62. The Committee notes the enactment of the new
Sexual Offences Act which, inter
alia, requires that cases involving children
be heard in camera and eliminates the requirement that children's testimony be
corroborated. The Committee remains concerned about the large and increasing
number of child victims of commercial sexual exploitation and sex tourism,
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.

63. In light of article 34 and other related articles
of the Convention, the Committee recommends that the State party undertake
studies with a view to understanding the scope of commercial sexual exploitation
and sex tourism, including prostitution and pornography, and implementing
appropriate preventive policies and rehabilitative and social reintegration
programmes for child victims. The Committee recommends that the State party take
into account the recommendations formulated in the Agenda for Action adopted at
the 1996 World Congress against Commercial Sexual Exploitation of Children held
in Stockholm.

Sale, trafficking and abduction

64. The Committee notes with concern that there have
been reported incidents of the sale, trafficking and abduction of children,
especially girls, primarily for domestic labour.

65. The Committee recommends that the State party take
effective measures to prevent and combat the sale, trafficking and abduction of
children. The State party should, inter
alia, facilitate the reunification of child
victims with their families and provide adequate care and rehabilitation for
them.

Administration of juvenile justice

66. The Committee regrets the insufficient information
provided in the State party's report on the situation of children in the
juvenile justice system. While the Committee notes that the first juvenile court
has recently been established in the State party, it is concerned that the
juvenile justice system still does not adequately cover all regions of the
country. Concern is also expressed about the holding of minors in adult
detention facilities, the poor conditions in detention facilities, the lack of
adequate facilities for children in conflict with the law, especially girls, the
limited numbers of trained personnel to work with children in this regard, the
lack of rehabilitation and reintegration programmes, and the lack of a
complaints mechanism for children whose rights have been violated in this
regard.

67. The Committee recommends that the State
party:

(a) Take all appropriate measures to implement a
juvenile justice system in conformity with the Convention, in particular
articles 37, 40 and 39, and 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), the United Nations Rules for the
Protection of Juveniles Deprived of their Liberty and the Vienna Guidelines for
Action on Children in the Criminal Justice System;

(b) Use deprivation of liberty only as a measure of
last resort and for the shortest possible period of time; improve the conditions
in detention facilities; protect the rights of children deprived of their
liberty, including their right to privacy; and ensure that children remain in
contact with their families while in the juvenile justice system;

(c) Introduce training programmes on relevant
international standards for all professionals involved with the administration
of juvenile justice;

(d) Reinforce its efforts to ensure that the juvenile
justice system is available and accessible to all children within the State
party;

(e) Abolish corporal punishment as a sentence within
the juvenile justice system;

(f) Strengthen rehabilitation and reintegration
programmes;

(g) Submit more comprehensive information on the
juvenile justice system in its next periodic report; and

(h) Consider seeking technical 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 in Juvenile Justice.

9. Optional
Protocols

68. The Committee notes that the State party has not
signed or ratified the two Optional Protocols to the Convention on the Rights of
the Child on the sale of children, child prostitution and child pornography, and
on the involvement of children in armed conflict.

69. The Committee encourages the State party to sign
and ratify the two Optional Protocols to the Convention on the Rights of the
Child.

10. Dissemination of
documentation

70. 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 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