Distr.

GENERAL

CRC/C/15/Add.111
10 November 1999

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : Vanuatu.
10/11/99.

CRC/C/15/Add.111.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE CHILD

Twenty- Second 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

VANUATU

1. The Committee considered the initial report of Vanuatu (CRC/C/28/Add.8) at
its 566th to 567th meetings (CRC/C/SR.566-567), held on 24 September 1999, and
adopted, at the 586th meeting, held on 8 October 1999, the following concluding
observations.

A. Introduction

2. The Committee welcomes the submission of the State party's initial report
and the written replies to its list of issues (CRC/C/Q/VAN/1). The Committee is
encouraged by the constructive and open 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
representative 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 appreciates the State party's initiative of establishing an
Ombudsman Office mandated to handle complaints by children whose rights have
been violated. In this connection, the Committee notes the efforts of the
Ombudsman to facilitate the ban on the use of corporal punishment in schools and
to promote greater awareness among the police of the principles and provisions
of the Convention.

4. The Committee notes that the Convention has been made available in English
and French and that it has been translated by the State party into Bislama.

5. The Committee takes note of the efforts made by the State party in the
area of primary health care services, which have improved the chances of
survival and development for children.

C. Factors and difficulties impeding the implementation of the
Convention

6. The Committee acknowledges that the socio-economic, geographic and
political difficulties facing the State party have impeded the full
implementation of the Convention. In particular it notes the challenges faced by
the State party in implementing adequate programmes and services for children in
its dispersed island communities, some of which are isolated and very difficult
to reach. The Committee acknowledges the vulnerability of the State party with
respect to natural disasters such as cyclones, typhoons, tidal waves and
flooding, and the challenges faced in this regard. The Committee further notes
that the limited availability of human resources has also adversely affected the
full implementation of the Convention.

D. Subjects of concern and Committee
recommendations

D.1. General measures of implementation

7. The Committee expresses its concern that domestic legislation and
customary law do not fully reflect the principles and provisions of the
Convention. The Committee recommends that the State party undertake a review of
its domestic legislation with a view to ensuring full conformity with the
principles and provisions of the Convention. The Committee also recommends that
the State party consider the enactment of a comprehensive children's code. In
this regard, the Committee further recommends that the State party seek
technical assistance from, inter alia, the Office of the High
Commissioner for Human Rights and UNICEF.

8. While the Committee notes that the State party has elaborated a proposal
to establish a Children's Office and a National Children's Committee, it remains
concerned that the proposal has not yet been implemented and that the modus
operandi of the agencies has not been clearly articulated. The Committee
strongly recommends that the State party undertake all necessary measures to
ensure that the proposal is carried out as soon as possible and that adequate
funding is allocated to ensure that the Office and the Committee are effectively
established.

9. The Committee notes that the State party has elaborated a National
Programme of Action for Children (1993-2000) which focuses on health; population
and family planning; nutrition; water supply and environmental sanitation;
agriculture, livestock and fisheries; and education. However, the Committee is
concerned that a specific budget has not been allocated for the implementation
of the Programme. The Committee encourages the State party to undertake all
appropriate measures to implement the National Programme of Action for Children.
In this connection, the Committee recommends that the State party seek technical
assistance from, inter alia, UNICEF and the World Health Organization
(WHO).

10. The Committee is concerned at the lack of a data collection mechanism
within the State party to make possible the systematic and comprehensive
collection of disaggregated data for all areas covered by the Convention and in
relation to all groups of children in order to monitor and evaluate progress
achieved and assess the impact of policies adopted with respect to children. The
Committee recommends that the State party develop a comprehensive system of data
collection consistent with the Convention. This system should cover all children
up to the age of 18 years, with specific emphasis on those who are particularly
vulnerable, including children with disabilities, child victims of abuse or
ill-treatment, and children living in remote island and urban squatter
communities.

11. The Committee remains concerned that, in the light of article 4 of the
Convention, not enough attention has been paid to allocating budgetary resources
in favour of children. 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.

12. The Committee notes the efforts of the State party in disseminating
information about the Convention and recognizes the challenges faced in this
regard, particularly in the light of the fact that 82 per cent of the population
live in remote island communities. However, the Committee is concerned that the
general population remains insufficiently aware of the Convention and the
rights-based approach enshrined therein. The Committee recommends that the State
party develop more creative methods to promote the Convention, including through
visual aids such as picture books and posters. Additionally, the Committee
recommends the use of traditional methods of communication in promoting the
principles and provisions of the Convention. The Committee also recommends
adequate and systematic training and/or sensitization of professional groups
working with and for children, such as judges, lawyers, law enforcement
personnel, teachers, school administrators and health personnel. The Committee
further recommends that efforts be made to sensitize civil society, including
community chiefs, religious leaders, NGOs and the media, about children's rights
and to facilitate their participation in the dissemination and promotion of the
Convention. The State party is encouraged to fully integrate the Convention into
the curricula at all levels of the educational system. It is suggested that the
State party seek technical assistance from, inter alia, the Office of the
High Commissioner for Human Rights, UNICEF and UNESCO.

D.2. Definition of the Child

13. The Committee expresses concern regarding the low minimum age for
criminal responsibility (10 years). The Committee is also concerned about the
disparity between the minimum legal age for the marriage of boys (18 years) and
that of girls (16 years). The Committee recommends that the State party review
its legislation in order to bring it into full conformity with the provisions
and principles of the Convention.

D.3. General principles

14. The Committee is concerned 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 (right to life, survival and development) and 12
(respect for the views of the child), in its legislation, its administrative and
judicial decisions, and its policies and programmes relevant to children. It is
the Committee's view that further efforts must be undertaken to ensure that the
general principles of the Convention not only guide policy discussion and
decision-making, but are also appropriately integrated in all legal revisions,
as well as in judicial and administrative decisions and in projects, programmes
and services which have an impact on children.

15. The Committee is concerned that traditional practices and attitudes still
limit the full implementation of the Convention, in particular article 12. The
Committee recommends that the State party seek to develop a systematic approach,
with the involvement of community chiefs, religious leaders and civil society,
to increase public awareness of the participatory rights of children and
encourage respect for the views of the child within the family, in school and
generally in society.

D.4. Civil rights and freedoms

16. While the Committee is aware that corporal punishment is prohibited by
law in schools, it remains concerned that traditional societal attitudes
continue to encourage the use of such punishment within the family, in schools,
care and juvenile justice systems and generally in society. The Committee
recommends that the State party reinforce measures to raise awareness on the
negative effects of corporal punishment and ensure that alternative forms of
discipline are administered in families, schools, and care and other
institutions, in a manner consistent with the child's dignity and in conformity
with the Convention. In this connection, the Committee recommends that the State
party provide counselling and other programmes for parents, teachers and
professionals working in institutions to encourage their use of alternative
forms of punishment. In addition, the Committee strongly recommends that all
necessary measures be taken to ensure the full and effective implementation of
the ban on corporal punishment in schools.

D.5. Family environment and alternative care

17. The lack of data, appropriate measures, mechanisms and resources to
prevent and combat domestic violence, including child sexual abuse, are matters
of grave concern to the Committee. In the light of article 19, the Committee
recommends that the State party undertake studies on domestic violence,
ill-treatment and abuse, including sexual abuse, to understand the scope and
nature of these practices, adopt adequate measures and policies, and contribute
to changing attitudes. The Committee also recommends that cases of domestic
violence and ill-treatment and abuse of children, including sexual abuse within
the family, be properly investigated within a child-friendly 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
provision of support services to children in legal proceedings, the physical and
psychological recovery and social reintegration of the victims of rape, abuse,
neglect, ill-treatment, violence or exploitation, in accordance with article 39
of the Convention, and the prevention of criminalization and stigmatization of
victims. The Committee recommends that the State party seek technical assistance
from, inter alia, UNICEF and WHO.

D.6. Basic health and welfare

18. The Committee notes the efforts of the State party to improve the general
situation of health. In particular, it notes that both the infant mortality rate
and the under-five mortality rate have declined rapidly during the past decade
and that immunization coverage has improved considerably. The Committee also
notes that the State party has implemented a food and nutrition programme, which
has resulted in a reduction in the incidence of malnutrition. The Committee is
concerned, however, that the survival and development of children within the
State party continue to be threatened by malaria, acute respiratory infections
and diarrhoeal diseases. The Committee is also concerned about the insufficient
number of trained health workers; wide discrepancies in the distribution of
health professionals between communities; limited access to health services in
some island communities; poor sanitation and limited access to safe drinking
water, particularly in remote areas. The Committee recommends that the State
party allocate appropriate resources and develop comprehensive policies and
programmes to improve the health situation of children and facilitate greater
access to primary health services. The Committee recommends that the State party
continue its efforts to reduce the incidence of maternal, child and infant
mortality; improve breastfeeding practices; and prevent and combat malnutrition,
especially in vulnerable and disadvantaged groups of children. The Committee
also recommends that the State party undertake additional measures to increase
access to safe drinking water and to improve sanitation. Additionally, the
Committee encourages the State party to continue its technical cooperation
programmes with UNICEF, WHO and others to improve primary health care.

19. While noting with appreciation the activities of the Vanuatu Society of
Disabled Persons regarding assistance to and rehabilitation of children with
disabilities, the Committee remains concerned that insufficient efforts have
been made to protect the rights of children with disabilities. The Committee
recommends that the State party allocate the necessary resources for programmes
and facilities for children with disabilities. 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 also recommended that the State party develop early
identification programmes to prevent disabilities, establish special education
programmes for children with disabilities and further encourage their
integration into the educational system and their inclusion in society. The
Committee recommends that the State party seek technical cooperation for the
training of persons working with and for children with disabilities from,
inter alia, UNICEF and the WHO.

20. The Committee expresses its concern regarding the limited availability of
programmes and services and the lack of adequate data in the area of adolescent
health, including accidents, suicide, violence and abortions. The Committee is
particularly concerned at the high and increasing incidence of teenage pregnancy
and sexually transmitted diseases (STDs) as well as the prevalence of the use of
alcohol and tobacco among youth. The Committee recommends that the State party
increase its efforts to promote adolescent health policies, particularly with
respect to accidents, suicide, violence, alcohol consumption and tobacco use.
The Committee further suggests that a comprehensive and multidisciplinary study
be undertaken on adolescent health problems, including the negative impact of
early pregnancy and STDs. Additionally, it is also recommended that the State
party undertake further measures, including the allocation of adequate human and
financial resources, to develop youth-friendly counselling, care and
rehabilitation facilities that would be accessible, without parental consent, in
the best interests of the child. The State party is urged to strengthen
reproductive health education programmes for adolescents and to ensure the
inclusion of men in all training programmes on reproductive health.

D.7. Education, leisure and cultural activities

21. The Committee notes the importance of the role of traditional education,
particularly in remote island communities. The Committee expresses grave concern
that primary education is still not compulsory and free to all children in the
State party. Further, the Committee is concerned about the limited access to
education, the low rate of enrolment of girls, the low literacy rate, the poor
quality of education, the general lack of relevant learning material and other
resources, and the insufficient numbers of trained/qualified teachers. There is
a concern that efforts have not been made to introduce local languages into the
education curricula. Many parents continue to see education as having a negative
impact on the behaviour of children. In the light of article 28.1 (a), it is
strongly recommended that the State party undertake, within two years, to
elaborate, adopt and submit to the Committee a detailed plan of action for the
progressive implementation, within a reasonable number of years, of compulsory
education free of charge for all. The Committee further recommends that the
State party undertake a study of the educational system with a view to improving
access to education at all levels of the system, increasing the enrolment rate
of girls, particularly at the secondary level, introducing local languages as
additional tools of instruction, and improving the overall quality of education.
The Committee also recommends that a public education campaign be undertaken to
promote the importance of education and to influence cultural attitudes
positively in this regard. It is recommended that the State party seek technical
cooperation from, inter alia, UNICEF and UNESCO.

D. 8. Special protection measures

22. The Committee is concerned at the insufficient data on child labour and
economic exploitation of children. Given the limited access to secondary
education and the resulting early employment of children, the Committee suggests
that the State party undertake a survey on child labour and economic
exploitation, particularly in the informal sector.

23. The Committee is concerned about the problems faced by the State party
with respect to its judiciary, including the juvenile justice process. The
Committee acknowledges the information provided about the traditional way in
which juvenile delinquency is treated and recommends that the State party:

(a) Undertake measures to reform the system of juvenile
justice 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) Introduce training programmes on relevant international standards for all
professionals involved with the system of juvenile justice; and

(c ) Consider seeking technical assistance in the area of juvenile justice
and police training from, inter alia, the Office of the High Commissioner
for Human Rights, the Centre for International Crime Prevention, the
International Network on Juvenile Justice, UNICEF and the Coordination Panel on
Technical Advice and Assistance in Juvenile Justice.

24. Lastly, 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
consideration be given to publishing the report 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 non-governmental organizations.

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