Distr.

GENERAL

CRC/C/15/Add.135
16 October 2000

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child (Overseas
Territories) :
United Kingdom of Great Britain and
Northern Ireland.
16/10/2000.

CRC/C/15/Add.135.
(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 theChild:
United Kingdom of Great Britain
and Northern Ireland - Overseas Territories

1. The Committee considered the initial report
of the United Kingdom of Great Britain and Northern Ireland - Overseas
Territories (CRC/C/41/Adds.7 and 9), received on 26 May 1999, at its 647th and
648th meetings (see CRC/C/SR.647-648), held on 21 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 on the Overseas Territories, which followed
the established guidelines, and the written replies to its list of issues
(CRC/C/Q/UK-OT/1). The Committee is encouraged by the constructive, open and
frank dialogue it had with the State party and welcomes the positive reactions
to the suggestions and recommendations made during the discussion. The
Committee expresses its satisfaction that the delegation included
representatives from a number of the Overseas Territories who are directly
involved in the implementation of the Convention, which allowed for a fuller
assessment of the situation of the rights of children in the
Territories.

B. Positive aspects

3. The Committee welcomes the efforts of the
State party in the area of early childhood health, evident in the high rate of
immunization (90-100 per cent coverage) and low incidence of vaccine
preventable diseases, as well as the relatively low rate of infant and child
mortality.

C. Factors and difficulties impeding the implementation of
the Convention

4. The Committee acknowledges that the
significant number of Overseas Territories, widely dispersed across the globe,
have diverse cultures, as well as diverse levels of economic and social
development and varying degrees of autonomy. The Committee also notes the
remoteness of some of the territories and their vulnerability to natural
disasters. In particular, the Committee notes the devastation caused by the
eruption of the Soufriere Hills volcano in Montserrat, which destroyed
approximately two thirds of the island. The Committee further notes that their
small size and the limited availability of skilled human resources adversely
affect the full implementation of the Convention in the Overseas
Territories.

D. Subjects of concern and Committee
recommendations

1. General measures of
implementation

Extension of the Convention and
reporting

5. The Committee is concerned that the
Convention on the Rights of the Child has not yet been extended to all of the
State party's Overseas Territories, including Gibraltar. The Committee is also
concerned that while the United Kingdom's notification (7 September 1994) to
the United Nations regarding the extension of the Convention to the Overseas
Territories indicated that the Convention had been extended to Henderson,
Ducie, Oeno and South Georgia and the South Sandwich Islands, the State party
report does not include information on these Territories.

6. The Committee recommends that the State
party submit, in it its next periodic report, information on the measures
taken to extend the Convention to all the Territories within its jurisdiction.
It also recommends that the State party take all appropriate measures to
facilitate the timely submission of its reports on all of its Overseas
Territories to which the Convention on the Rights of the Child has been
extended.

Reservations to the Convention

7. The Committee is concerned that the
reservations made by the State party with respect to articles 32 and 37 (c) of
the Convention on the Rights of the Child have not yet been withdrawn and are
still applicable to the Overseas Territories. It also notes with concern that
the reservation to article 22 of the Convention made in respect to the Cayman
Islands has not yet been withdrawn.

8. In the light of the 1993 Vienna Declaration
and Programme of Action, the Committee encourages the State party to consider
the possibility of reviewing the reservations with a view to their full
withdrawal including with respect to all the Overseas Territories.

Legislation

9. The Committee notes that efforts have been
made in a number of the Overseas Territories to introduce legislative reform
and facilitate the implementation of the Convention. In this regard, the
Committee notes that Bermuda has enacted the Children's Act (1998), the Child
Abduction Act (1998), which gives effect to the Hague Convention on the Civil
Aspects of Child Abduction, and the Domestic Violence (Protection Orders) Act
(1997). The Cayman Islands have enacted the Maintenance Law (1996 Revisions),
the Youth (Detention Facility) Order (1996) and the Youth Justice Law (1995).
The Falkland Islands and St. Helena have both adopted a children's ordinance,
in 1994 and 1996 respectively. The Committee notes with concern that the
Children's Law in the Cayman Islands, enacted in 1995, has not been brought
into force and that additional amendments are due to be made to the law. While
the Committee notes the intention of a number of the Overseas Territories to
introduce additional legislative reform, it remains concerned that domestic
legislation in the Territories still does not fully reflect the principles and
provisions of the Convention.

10. The Committee recommends that the State
party undertake a legal compatibility review to ensure that domestic
legislation in each of the Overseas Territories fully conforms with and
positively reflects the principles and provisions of the Convention. The
Committee encourages the Cayman Islands to reinforce its efforts to amend and
bring into force its Children's Law. The Committee also encourages the
adoption of comprehensive child rights codes in the Territories.

Coordination

11. The Committee notes that mechanisms for
coordinating the implementation of the Convention have been established in
Bermuda, the British Virgin Islands, Montserrat and St. Helena. However, it is
concerned that similar efforts have not been made in all of the Overseas
Territories. The Committee is also concerned that national plans of action for
children have not yet been elaborated in the Territories. Concern is also
expressed at the insufficient efforts made to involve non-governmental
organizations (NGOs) in the coordination and implementation of the
Convention.

12. The Committee recommends that the State
party reinforce its efforts to ensure that adequate resources (human and
financial) are allocated to facilitate the effective functioning of those
coordinating mechanisms already established in the Overseas Territories and to
assist further in establishing mechanisms in Territories where they have not
yet been established. The Committee further encourages the Overseas
Territories to undertake appropriate measures to elaborate and implement a
national plan of action for children based on the principles and provisions
enshrined in the Convention. The Territories are encouraged to take all
appropriate measures to facilitate the inclusion of NGOs in the promotion and
implementation of the Convention.

Data collection

13. The Committee notes with concern the lack
of adequate data-collection mechanisms in most of the Overseas Territories to
ensure the collection of disaggregated data on all aspects of the Convention
and effectively to monitor and evaluate progress achieved and assess the
impact of policies adopted with respect to children. In this context, the
Committee notes that data collection in the Overseas Territories generally
covers children up to the age of 15 years only.

14. The Committee recommends that a
comprehensive system of data collection be introduced with respect to each of
the Overseas Territories, 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 with disabilities; children living in poverty; children in the
juvenile justice system; children born out of wedlock; teenage mothers;
sexually abused children; institutionalized children; and children living in
isolated island communities.

Monitoring mechanisms

15. While the Committee notes the existence of
the Human Rights Commission in Bermuda, the Child Protection Group in St.
Helena and Complaints Commissioners in the British Virgin Islands and the
Turks and Caicos Islands to handle complaints of violation of the rights of
children, it is concerned that insufficient efforts have been made to
establish focal points for children within these mechanisms. The Committee
also notes the intention of the Cayman Islands to establish an Ombudsman. It
is concerned that Anguilla, the Falkland Islands and Montserrat have not yet
established independent mechanisms to register and address complaints from
children concerning violations of their rights under the Convention.

16. The Committee recommends the establishment
of child rights focal points within the human rights monitoring mechanisms in
Bermuda, the British Virgin Islands, St. Helena and the Turks and Caicos
Islands. Additionally, the Committee recommends that all appropriate measures
be taken to ensure that these mechanisms are independent, child friendly and
accessible to children. The Committee also encourages the establishment of
independent, child-friendly monitoring mechanisms in the other Overseas
Territories to deal with complaints of violations of the rights of children
and to provide remedies for such violations. Such mechanisms should also
include focal points for children. The Committee further suggests that
awareness-raising campaigns should be undertaken to facilitate the effective
use of monitoring mechanisms by children.

Budgetary allocations

17. The Committee is concerned that, in the
light of article 4 of the Convention, not enough attention has been paid in
allocating budgetary resources in favour of the implementation of the
economic, social and cultural rights of children "to the maximum extent of ...
available resources".

18. 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 needed, within the framework of international
cooperation.

Dissemination of the principles and
provisions of the Convention

19. The Committee is concerned that
insufficient efforts have been made to disseminate the principles and
provisions of the Convention and that professional groups, children, parents
and the public at large are generally not sufficiently aware of the Convention
and the rights-based approach enshrined therein.

20. 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. The Committee also
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; and personnel of
childcare institutions. Efforts should also be made to raise awareness among
the media about the rights of children. The Committee further encourages the
integration of the Convention into the curricula at all levels of the
educational system in the Overseas Territories.

2. Definition of the child

21. The Committee expresses concern regarding
the low legal age of criminal responsibility in the Overseas Territories (8-10
years). Concern is also expressed at the low minimum age for the consumption
of alcohol in private in the Falkland Islands (5 years). Additionally, the
Committee is concerned that the law in most of the Overseas Territories does
not provide for the special protection and care of children who have attained
the age of 17 years.

22. The Committee recommends a review of
domestic legislation in the Overseas Territories, particularly as regards the
legal age for criminal responsibility, to ensure full conformity with the
provisions and principles of the Convention. It further recommends that
existing legislation be reviewed so as to guarantee adequate protection and
care for all children below the age of 18 years.

3. General principles

23. 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 its 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, or in
its policies and programmes relevant to children.

24. It is the Committee's view that further
efforts should be undertaken to ensure that the principles of the Convention,
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

25. The Committees notes that the State party
has requested the authorities of the Overseas Territories to consider the
introduction of specific legislation against racial discrimination and that
some of the Territories have acceded to that request. However, the Committee
remains concerned that insufficient efforts have been made to ensure the full
implementation of article 2 of the Convention and that discrimination based on
gender, sexual orientation and birth status remains apparent in some of the
Overseas Territories. In this regard, the Committee notes that legislation,
relating to these issues, particularly with respect to sexual abuse and
exploitation, as well as the legal minimum age for sexual consent, refers only
to girls and does not provide equal and adequate protection for boys. Concern
is expressed at the growing gender bias faced by boys evident, inter alia, in
their academic underachievement in many of the Overseas Territories,
especially the Falkland Islands and the Territories in the Caribbean. The
Committee also notes the disparity between the ages for sexual consent to
heterosexual and homosexual relations in some of the Overseas Territories. The
Committee expresses concern that insufficient effort has been made in many of
the Territories to prevent discrimination against teenage mothers and children
born out of wedlock.

26. The Committee recommends review of
domestic legislation in the Overseas Territories to ensure full compliance
with article 2 of the Convention and to prevent and combat discrimination,
especially as regards gender, sexual orientation and birth status. In
particular, the Territories should amend their legislation to ensure that boys
are provided equal and adequate protection against sexual abuse and
exploitation. Additionally, the Committee recommends that all appropriate
measures be taken to address discrimination arising from the socialization of
boys and girls into inappropriate gender roles and the resulting determination
of social attitudes concerning children based on gender.

Respect for the views of the
child

27. The Committee notes that in many of the
Overseas Territories efforts have been made to ensure respect for the views of
the child in family courts, in accordance with his or her evolving capacity.
However, it is concerned that insufficient efforts have been made in many of
the Overseas Territories to ensure the full implementation of article 12 of
the Convention.

28. The Committee recommends that the Overseas
Territories seek to reinforce the necessary infrastructure and develop a
systematic approach to increasing public awareness of the participatory rights
of children and encourage respect for the views of the child within the
family, communities, schools and care, administrative and judicial
systems.

4. Family environment and alternative
care

Parental guidance and
responsibility

29. The Committee notes with concern the large
number of single parent families in the Overseas Territories, especially in
Bermuda and the Territories in the Caribbean. The Committee also expresses
concern at the apparent lack of legal protection with respect to the rights,
including maintenance and inheritance rights, of children born out of wedlock
from "visiting" or "common law" relationships in these Territories. The
Committee expresses further concern regarding the financial and psychological
impact of visiting relationships on children. The lack of sufficient support
and counsel in the areas of parental guidance and responsibilities are also
matters of particular concern. The Committee also notes with concern that the
high rate of migration from the Territories in the Caribbean has also
negatively affected parental responsibility and guidance.

30. The Overseas Territories are encouraged to
increase their efforts in developing family education and awareness through,
inter alia, providing support, including training for parents,
parenting and in exercising joint parental responsibilities, in the light of
article 18 of the Convention. The Committee also recommends that the Overseas
Territories take all appropriate measures, including of a legal nature, to
ensure that the rights of children born out of wedlock are protected. The
Committee further recommends that the State party undertake a study on the
situation of single parent families and visiting relationships in the
Caribbean Territories and the impact (both financial and psychological) on
children.

Alternative care

31. While the Committee notes that legal and
administrative processes have been established in all of the Overseas
Territories to provide alternative care for children, it is concerned about
the insufficient monitoring of placements in some of the alternative care
programmes. While the Committee notes that children from the Turks and Caicos
Islands who cannot be placed locally with a relative or willing independent
person are no longer sent to alternative care institutions in Jamaica, it is
concerned at the lack of information about the current situation of
alternative care facilities in the Turks and Caicos Islands. Concern is
expressed about the insufficiency of independent complaint mechanisms for
children in alternative care institutions, as well as the lack of available
trained personnel in this field. Concern is also expressed at the continued
practice of informal adoption in some of the Overseas Territories.

32.
The Committee recommends that additional
training, including in children's rights, be provided for social and welfare
workers and that independent complaints mechanisms be established for children
in those Territories where there are alternative care institutions. The
Committee also recommends that consideration be given to the establishment of
a code of standards to ensure the adequate care and protection of children
deprived of a family environment. In the light of articles 3 and 20 of the
Convention, the Committee recommends a review of the alternative care
programme in the Turks and Caicos Islands with a view to ensuring the best
interests of the child. In the light of article 21 of the Convention, the
Committee recommends that the monitoring procedures for foster care and
domestic and intercountry adoptions be strengthened. Additionally, all
appropriate measures should be taken to monitor the practice of informal
adoption and to prevent abuse in this regard. The Committee encourages the
United Kingdom to consider extending the 1993 Hague Convention on the
Protection of Children and Cooperation in Respect of Intercountry Adoption to
the Overseas Territories.

Domestic violence, ill-treatment and
abuse

33. The Committee notes the efforts of some of
the Territories, in particular Bermuda, the Cayman Islands and the Falkland
Islands, to provide greater protection and support to child victims of abuse
and to introduce training for professionals, including police officers,
working with and for child victims of abuse. However, the Committee expresses
its concern at the increasing incidence and lack of awareness of and
information on domestic violence, ill-treatment and abuse of children,
including sexual abuse. Concern is also expressed at the insufficient
financial and human resources allocated, as well as the inadequate programmes
established, to prevent and combat these concerns in many of the Territories.
The Committee notes with concern that the Overseas Territories, with the
exception of Bermuda, have not introduced mandatory reporting of ill-treatment
and abuse of children. While the Committee is aware of the limitations of the
Territories, primarily with respect to small size, it is concerned that
insufficient efforts have been made to protect the right to privacy of child
victims of abuse.

34. In the light of article 19, the Committee
recommends that the State party undertake studies on domestic violence,
ill-treatment and sexual abuse in order to adopt adequate policy measures and
contribute to changing traditional attitudes in all Overseas Territories. The
Committee also recommends that all appropriate measures be taken to introduce
effective mechanisms for the timely reporting of ill-treatment and abuse of
children. It further recommends that cases of domestic violence, ill-treatment
and sexual abuse of children be properly investigated within a child-friendly
judicial procedure, and sanctions applied to perpetrators, due regard being
given to protecting the right to privacy of the child. Measures should also be
taken to ensure the physical and psychological recovery and social
reintegration of victims, in accordance with article 39 of the Convention, and
prevention of the criminalization and stigmatization of victims.

Corporal punishment

35. The Committee expresses grave concern that
corporal punishment is still widely practised in many of the Overseas
Territories and that domestic legislation generally does not prohibit and
eliminate its use in schools, care institutions and homes. It also notes with
concern that the British Virgin Islands is the only remaining Territory that
has not yet prohibited by law the use of judicial corporal punishment.

36. The Committee recommends that all
appropriate measures, including of a legislative nature, be taken to prohibit
and eliminate all forms of corporal punishment within the school, juvenile
justice and alternative care systems and in the home. 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

Adolescent health

37. The Committee notes that the Caribbean
Overseas Territories, including Anguilla, the British Virgin Islands, the
Cayman Islands, Montserrat and the Turks and Caicos Islands, as well as
Bermuda, took part in the Caribbean Youth Summit on Adolescent Sexual and
Reproductive Health Rights, held in Barbados in 1998. The Committee expresses
its concern with respect to the insufficient programmes and services and the
lack of adequate data in the area of adolescent health, including teenage
pregnancy, abortion, HIV/AIDS and sexually transmitted diseases (STDs), drug
abuse, violence and mental illnesses. The Committee is particularly concerned
at the high incidence of teenage pregnancy, particularly in the Territories in
the Caribbean.

38. The Committee encourages those Territories
that took part in the Caribbean Youth Summit on Adolescent Sexual and
Reproductive Health Rights to follow up and, where appropriate, seek to
implement the recommendations made at the Summit. The Committee recommends
that all appropriate measures be taken to increase the promotion of adolescent
health policies and strengthen reproductive health education, including the
promotion of male acceptance of the use of contraceptives. The Committee
further suggests that a comprehensive and multi-disciplinary study be
undertaken to understand the scope of adolescent health problems, including
the special situation of children infected with, affected by or vulnerable to
HIV/AIDS and STDs. Additionally, it is recommended that the State party
undertake further measures, including the allocation of adequate human and
financial resources, to develop youth-friendly care, counselling, and
rehabilitation services for adolescents in all the Overseas
Territories.

Disabilities

39. The Committee notes the efforts of the
Overseas Territories, in particular Bermuda, the British Virgin Islands, the
Cayman Islands, the Falkland Islands and St. Helena, to establish programmes
for children with disabilities, including early intervention and school
integration programmes. The Committee expresses concern, however, at the
absence of legal protection and the inadequate facilities and services for
children with disabilities. The Committee also notes with particular concern
that since the volcano crisis in Montserrat, the trained special education
teachers have migrated from the island.

40. In the light of the Standard Rules on the
Equalization of Opportunities for Persons with Disabilities (General Assembly
resolution 48/96, annex) and the Committee's recommendations adopted at its
day of general discussion on the rights of children with disabilities
(CRC/C/69, chap. IV.D), the Committee recommends that additional efforts be
made to establish and/or enhance early identification programmes to prevent
disabilities; to implement alternatives to the institutionalization of
children with disabilities; to establish special education programmes for
children with disabilities; and to encourage their inclusion in society. The
Committee further recommends that all appropriate measures be taken to ensure
that adequate resources are allocated for the effective implementation of
programmes for children with disabilities. Additional training for
professional staff working with and for children with disabilities is also
recommended. The Committee recommends that the State party take all
appropriate measures to facilitate the recruitment and training of special
education teachers in Montserrat.

Right to an adequate standard of
living

41. While the Committee is aware of the
relatively high standard of living enjoyed by most of the Overseas
Territories, it is concerned that the standard of living in Montserrat has
declined significantly since the volcanic eruption which destroyed two thirds
of the island. While it is noted with appreciation that all the families with
children have been moved from shelters and provided with homes, the Committee
is concerned about the psychological impact of the disaster on children. While
the Committee notes that two new primary schools and a new hospital have been
built, it is concerned that the programmes and services for children have not
yet been fully restored since the volcanic eruption. Additionally, the
Committee is concerned that the children living in Anguilla, St. Helena and
its dependencies, and the Turks and Caicos Islands do not enjoy an equal and
adequate standard of living, as compared with children living in the other
Overseas Territories.

42. In accordance with article 27 of the
Convention, the Committee encourages the State party to increase its efforts
to provide material assistance and support to economically disadvantaged
families and to guarantee the right of children to an adequate standard of
living, especially those affected by the disaster in Montserrat and those
living in Anguilla, St. Helena and its dependencies, and the Turks and Caicos
Islands. The Committee encourages the State party to undertake a study to
assess the impact, including the psychological impact, of the disaster on the
children of Montserrat, with a view to ensuring adequate support and where
necessary, counselling for children and parents.

6. Education, leisure and cultural activities

43. While recognizing the
efforts made by the State party in the area of education, the Committee
remains concerned at the increasing incidence of truancy and the number of
drop-outs from school in some of the Territories, especially the Turks and
Caicos Islands and Montserrat. With regard to access to education, the
Committee notes with concern that the travelling teacher service in the
Falkland Islands does not include secondary schools and that children from
Camp must attend secondary school in Stanley, where they are accommodated in
government hostels for which their parents must pay. The Committee also notes
with concern the academic under-achievement of boys in some of the Overseas
Territories, including the Falkland Islands and the Caribbean Territories.
Concern is also expressed that while the new nationality policy of the United
Kingdom provides full citizenship to nationals of the Overseas Territories,
students from these Territories who wish to pursue further studies in the
United Kingdom continue to pay more in tuition fees than students from the
United Kingdom.

44. The Committee recommends that all
appropriate measures be taken to prevent and discourage truancy and further to
encourage children, especially boys, to stay in school, particularly during
the period of compulsory education. The Committee urges the State party to
undertake a study on the academic under-achievement of boys, with a view to
understanding the scope and nature of the problem and to enhancing the
academic achievement of boys, particularly in the Caribbean Territories and
the Falkland Islands. It is recommended that the Falkland Islands take all
appropriate measures to ensure that the inability to pay does not limit or
prevent adequate and equal access to education for children from Camp. The
Committee recommends that the State party review its higher education policies
to ensure non-discrimination against nationals from the Overseas Territories
in the payment of fees when they pursue studies in the United Kingdom.

7. Special protection measures

Refugee and internally displaced
children

45. The Committee is concerned about the
situation of families in Montserrat who have been displaced since the volcanic
eruption in 1997. Concern is also expressed about the relatively slow pace at
which programmes and services, including access to adequate housing, education
and health services, are being re-established in Montserrat for internally
displaced families. Additionally, concern is expressed regarding the lack of
information on the situation of families that have left Montserrat to take
refuge in neighbouring countries and Territories, as well as those who have
settled in the United Kingdom.

46. The Committee recommends that the State
party take all appropriate measures to improve the situation of internally
displaced families, including their access to adequate housing, education and
health services. The Committee recommends that the State party submit, in its
next periodic report, information concerning the situation of families that
have left Montserrat to take refuge in neighbouring countries and Territories,
and the arrangements made (at the bilateral or regional levels) to facilitate
their transition. In this connection, the Committee further recommends that
the State party also provide information on the situation of those families
from Montserrat who have settled in the United Kingdom as a result of the
disaster.

Landmines

47. While the Committee notes that the State
party has undertaken to evaluate the feasibility and cost of clearing the
remaining landmines in the Falkland Islands, it is concerned that efforts have
not been made to locate and clear the landmines since the end of the conflict
in 1982.

48. The Committee strongly recommends that the
State party take all appropriate measures to locate and clear the landmines in
the Falkland Islands, promote awareness about the potential dangers and
prevent accidents involving children and landmines. The Committee encourages
the State party to consider extending the 1997 Convention on the Prohibition
of the Use, Production, Transfer and Stockpiling of Anti-Personnel Landmines
and on Their Destruction to the Overseas Territories, in particular the
Falkland Islands.

Child labour

49. In the light of the socio-economic
situation in some of the more economically disadvantaged Overseas Territories
and the high truancy rate, particularly for males, the Committee is concerned
about the lack of information and adequate data on the situation of child
labour and economic exploitation in the Overseas Territories.

50. The Committee recommends that the State
party undertake a comprehensive study to assess the situation of child labour
in the Overseas Territories. Additionally, the State party is encouraged to
introduce and/or strengthen, where appropriate, monitoring mechanisms to
ensure the enforcement of labour laws and to protect children from economic
exploitation, particularly within the informal sectors in these Territories.
The Committee suggests that the State party consider extending to the Overseas
Territories ILO Convention No. 182 concerning the Elimination of the Worst
Forms of Child Labour. The Committee further suggests that the State party
consider extending to the Overseas Territories ILO Convention No. 138
concerning Minimum Age for Admission to Employment.

Drug and substance abuse

51. The Committees notes the efforts of the
State party at both the national and regional levels regarding drug demand
reduction and narcotics control. However, the Committee remains concerned at
the high incidence of drug and substance abuse, particularly among youth in
Bermuda and the Caribbean Overseas Territories. Concern is also expressed at
the insufficient medical and rehabilitative programmes and services available
to child victims of drug and substance abuse.

52. In the light of article 33 of the
Convention, the Committee recommends that the State party enhance its efforts,
including through administrative, social and educational means, to protect
children from the illicit use of 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
rehabilitation programmes for child victims of drug and substance abuse.

Sexual exploitation and sexual
abuse

53. The Committee notes with concern the lack
of information concerning the situation of commercial sexual exploitation of
children, including prostitution and pornography. The Committee also notes
that lack of programmes for the physical and psychological recovery and social
reintegration of children victims of such abuse and exploitation, particularly
in Bermuda and some of the Caribbean Territories, where there is apparent
cause for concern.

54. In the light of article 34 and other
related articles of the Convention, the Committee recommends that the State
party undertake studies with a view to understanding the scope of the problem
and implementing appropriate policies and measures, including for the physical
and psychological recovery and social reintegration of victims. The Committee
recommends that the State party take into account the recommendations
formulated in the Agenda for Action adopted at the World Congress against
Commercial Sexual Exploitation of Children, held in Stockholm in 1996.

Juvenile justice

55. The Committee notes that legislation
relating to juvenile justice has been enacted in all of the Overseas
Territories. While the Committee appreciates the legal abolition of judicial
corporal punishment in most of the Overseas Territories, it is concerned that
the bill to abolish it in the British Virgin Islands has not yet been enacted.
The Committee also expresses concern about:

(a) The length of time before the hearing of
juvenile cases; the lack of confidentiality accorded in cases involving
juveniles; the holding of minors in adult detention facilities; the inadequacy
of facilities for children in conflict with the law, including girls; the
insufficient numbers of trained personnel to work with children in this
regard; and the lack of legal aid programmes;

(b) The inadequate access to education,
health, counselling and other rehabilitative services; and the lack of a
complaints mechanism for children whose rights have been violated.

56. The Committee recommends, with regard to
the Overseas Territories, that the State party:

(a) Take additional steps to reform the
juvenile justice system in the spirit of the Convention, in particular
articles 37, 40 and 39, and of other United Nations standards in this field,
such as the United Nations Standard Minimum Rules for the Administration of
Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the
Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United
Nations Rules for the Protection of Juveniles Deprived of their
Liberty;

(b) Consider deprivation of liberty only as a
measure of last resort, for the shortest possible time and only for serious
offences; protect the rights of children deprived of their liberty, including
the right to privacy; ensure that children remain in contact with their
families while in the juvenile justice system; ensure that children are
provided adequate access to education, health, counselling and other
rehabilitative services; and introduce complaints mechanisms for children
whose rights have been violated;

(c) Introduce training programmes on relevant
international standards for all those professionals involved with the juvenile
justice system.

57. The Committee further recommends that the
British Virgin Islands reinforce efforts to enact the bill introduced into the
Legislative Council to abolish the use of judicial corporal punishment in the
islands.

8. Ratification of the Optional
Protocols

58. The Committee recommends that the State
party consider ratifying and extending to the Overseas Territories the two
Optional Protocols to the Convention on the Rights of the Child on the
involvement of children in armed conflict and on the sale of children, child
prostitution and child pornography.

9. Dissemination of documents from the reporting
process

59. 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 the publication of the report be considered, along
with the concluding observations adopted thereon by the Committee and the
relevant summary records. 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