COMMITTEE ON RIGHTS OF CHILD EXAMINES REPORT OF YEMEN

The Committee on the Rights of the Child today reviewed the third periodic report of Yemen on how that country is implementing the provisions of the Convention on the Rights of the Child.

In her opening remarks to the Committee, Nafisa Hamoud Aljaifi, Secretary-General of the Supreme Council for Motherhood and Childhood of Yemen, said that among the most important accomplishments in the area of child rights in Yemen was the preparation of a national strategy for childhood and youth, with special emphasis on minors in difficult circumstances. Difficult economic circumstances had led to an increase in poverty in the country which had deprived a large number of children of their rights and had led to their early integration into the labour market. General public awareness of the Convention was also inadequate as were the efforts to promote child rights and protection, she added.

In preliminary remarks, Committee Expert Lothar Friedrich Krappmann, who served as Rapporteur for the report of Yemen, said it was clear that progress had been made in the area of child rights in Yemen, as well as that problems were still to be faced by the State. It was apparent that national plans had been put in place for nearly every aspect of children's rights, which was to be applauded. It should now be the chief priority of the State to implement these plans rather than to draw up new laws. The main obstacles that persisted were poverty and existing customs which were not favourable to children. There were attitudes in society that the child was not an active member of society. These attitudes should be reversed.

Other Committee Experts raised questions related to, among other things, the functions of the Supreme Council for Motherhood and Childhood; birth registration and nationality; the education system; health services, including pre-natal care, malnutrition and immunization; trafficking in children and child labour; children with disabilities and refugee children; orphans and alternative care; and juvenile justice.

The Committee will release its formal, written concluding observations and recommendations on the third periodic report of Yemen towards the end of its three-week session which will conclude on 3 June.

The delegation of Yemen consisted of representatives of the Supreme Council for Motherhood and Childhood; the Ministry of Social Affairs and Labour; the Ministry of Health; the Ministry of Human Rights; the High Institute for Police Affairs; and the Permanent Mission of Yemen to the United Nations Office at Geneva.

As one of the 192 States parties to the Convention, Yemen is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.

When the Committee reconvenes in public on Friday, 3 June in the morning, it will adopt its concluding observations and recommendations on the ten country reports it examined during the course of the session and will conclude the session.

Report of Yemen

The third periodic report of Yemen (CRC/C/129/Add.2) points to the past and continuing efforts to build and strengthen institutional structures and the capacities of governmental and non-governmental personnel working in the field of children's rights in the country. The Rights of the Child Act of 2002 covers the substance and provisions of the Convention on the Rights of the Child in all of its articles and includes a number of provisions from Yemeni laws and legislation on the rights of the child. As such, it is regarded as a major legislative success for children and one that coincided with the start of this century, the report states. Moreover, the Government has devoted its attention to the elaboration and adoption of general sectoral strategies and policies relating to issues of children's rights, including the National Strategy for the Protection of Children in Difficult Circumstances; the National Strategy and Plan of Action for Mothers and Children for the period 2003-2013; the National Strategy for the Development of Basic Education for the period 2000-2015; and the National Strategy to Combat Child Labour. Difficulties and challenges impeding the implementation of certain provisions of the Convention include the poor institutional structure of various mechanisms operating in the field of children's rights and the difficult circumstances currently affecting the national economy, which have caused poverty to spread.

With regard to the definition of the child, the report indicates that the Rights of the Child Act provides that if a juvenile under 10 years of age commits an offence, none of the penalties or measures stipulated in the Penal Code shall be inflicted on him and that he shall instead be sentenced to one of the measures stipulated by the Juveniles Act, namely a reprimand, delivery into the custody of a third party, enrolment for vocational training, placement in a specialized hospital, the imposition of specific obligations, judicial probation or placement in a home for social rehabilitation. Furthermore, the Act provides that a working child must be over 14 years of age and prohibits the employment of anyone below that age. As to health services, approximately 50 per cent of the population is covered by health services with absolute priority being given to maternal and child health programmes by way of the State's Strategy for Health Sector Reform. Concerning education, the State's educational policies and reforms have led to an increase in the number of basic and secondary schools from just over 10,000 in the 1990/1991 school year to more than 13,100 in the 2000/2001 school year.

The report indicates that there are some 60,000 refugees living in Yemen, of which nearly half are children, the majority of whom are displaced from wars and conflicts in their counties and from natural disasters and droughts. The Government formed a National Committee for Refugee Affairs through which all refugees are provided with shelter and protection. Special attention is also paid to unaccompanied children and orphans who are guaranteed full protection and are sensitized in order to protect them from any exploitation to which they may be vulnerable. With regard to children in armed conflict, the State has put in place the protection needed to ensure that children are not exploited and forcibly conscripted; no one under the age of 18 may be recruited into the armed forces. As a result of the wars which Yemen lived through prior to unification and the war of secession, countless districts in virtually every governorate are littered with anti-personnel and anti-tank mines which have caused the disability and disfigurement of a great many children. The Government established the National Demining Committee in 1994 which has coordinated demining activities, raised awareness about landmines and provided assistance to victims of landmines.

Presentation of Report

NAFISA HAMOUD ALJAIFI, Secretary-General of the Supreme Council for Motherhood and Childhood, noted that a special committee had been set up for the purpose of drafting the report in question with participation from government and civil society organizations, including six non-governmental organizations. Among the most important accomplishments in the area of child rights was the preparation of a National Strategy for Childhood and Youth, with special emphasis on minors in difficult circumstances. There were also strategies for the development of basic education (for the period 2003 to 2015); for poverty reduction; for technical and vocational training; and a strategy to reduce child labour. Yemen was also committed to the implementation of the Millennium Development Goals and had ratified the two Optional Protocols to the Convention on the Rights of the Child. Moreover, a law for social welfare was recently enacted and a fund for disabled persons was set up. There were also decrees recently enacted concerning the establishment of juvenile courts and to prohibit corporal punishment in schools.

Ms. Aljaifi also noted that the Supreme Council for Motherhood and Childhood this year decided to undertake a project to revise all legislation concerning mothers and children; amendments had also been proposed to the law on juvenile justice. The State had also expanded its support to street children and had established centres for the rehabilitation of working children, particularly those who had drooped out of school. A centre was also set up to assist children who had been trafficked and/or exploited. As to health measures, the State had taken several steps to enhance its primary health services, namely in the area of combating childhood diseases, expanding immunization programmes; and fighting HIV/AIDS and other sexually transmitted diseases.

In terms of development, increased attention was being paid to childhood problems, Ms. Aljaifi added. Among other things, literacy programmes were set up and loans to poor families had been increasing. Children had also been taking part in society on an increased basis. Mention was made of a children's parliament recently established by a non-governmental organization. The Government of Yemen had been improving the institutional structure of organizations working on children's matters and had been developing a full information system in the field of the rights of the child, she said. Moreover, the Government had been actively coordinating and consolidating its national efforts on children issues and was currently preparing an awareness campaign on the rights of the child.

In closing, Ms. Aljaifi stated that difficult economic circumstances had led to an increase in poverty which deprived a large number of children of their rights and led to their early integration into the labour market. General public awareness of the Convention was also inadequate as were the efforts to promote child rights and protection in Yemen.

Discussion

Questions Raised by Experts

LOTHAR FRIEDRICH KRAPPMANN, the Committee Expert serving as Rapporteur for the report of Yemen, noted that Yemen had more than 20 million inhabitants, among them 10 million children below the age of 18, and was the poorest country among the Arab States; although the economy was growing, the per capita income was shrinking and the rise in oil prices had changed the trends in the last year. Moreover, the agriculture of Yemen was threatened by the scarcity of water as the growing urban population had an increasing demand for water. Among the challenges in the area of child rights were the ability to promote children's own activities in learning and problem solving; to encourage them to present their own views; and to integrate them in constructive communication and cooperation. The Government of Yemen had good intentions to face the challenges facing it and to meet the goals for upholding children's rights. The first challenge was widespread poverty and the lack of sufficient budget allocations. The second was stereotyped, outdated views of the child, which still prevailed in many areas in the country. The third was a lack of monitoring by which the full implementation of laws was impeded.

More than half of the children of Yemen were poor and in desperate need of support because the growing poverty had caused dramatic outcomes with regard to malnutrition, school attendance, child labour, children in streets, early marriage, trafficking of children and more regrettable phenomenon, the Rapporteur said. Efforts were needed in terms of budget allocations and activities. While noting that several long-term strategies for children and adolescents were adopted in recent years, he asked whether these programmes had adequate financial and human resources, whether these programmes had timetables, and in particular, whether the National Strategy for Mothers and Children, that covered the period 1997 to 2002, had been evaluated and, if so, how the insights were used. He also asked for clarification on the aims of the National Plan of Action for children for 2006 to 2016 and a National Strategy for the same years.

While noting that Yemen ranked 112 among 146 countries on the Corruption Perception Index issued by Transparency International, he asked what steps had been taken to curb corruption in the State party. In terms of the definition of the child, clarification was sought on the evident contradiction of various legal age requirements in the State, namely on criminal age of responsibility and age of maturity. Information was also sought on awareness raising measures taken to promote the Convention and the rights of the child in general.

The Rapporteur also asked for additional information on the Higher Council for Maternal and Child Welfare; monitoring of the implementation of the Convention; efforts to disseminate the concluding observations of the Committee; and the role of non-governmental organizations and civil society in Yemen working in the area of the rights of the child.

HATEM KOTRANE, the Committee Expert serving as Co-Rapporteur for the report of Yemen, asked what measures were planned in order to give priority to the Convention on the Rights of the Child in the various domestic laws and about the status of the review of legislation to ensure that it was compatible with the Convention. General information was sought on coordination measures in the area of the rights of the child and, in particular, whether the Supreme Council had the necessary financial and human resources available to it for its reform.

Mr. Kotrane also asked whether the State intended to form a national institution for the rights of the child in accordance with the Paris Principles. Among other things, he asked for information on the minimum age for working; measures to uphold the best interests of the child; and parental custody.

Another Expert asked whether all the strategies adopted by the Government had been translated into concrete work plans with sufficient funding. While noting that the literacy levels for girls in Yemen was high, she asked what steps had been taken to enhance education for girls in general and whether a specific strategy had been adopted in that regard. The legal age of marriage for girls was another area for which information was requested.

Other Experts raised a series of questions pertaining to birth registration; the nationality of foreign children born in Yemen; freedom of association and assembly; the youth parliament of Yemen; the right to privacy and access to information; corporal punishment; laws protecting children born out of wedlock; discrimination against street children; and the influence of Sharia law and what was being done to overcome the conflicts between Sharia law and the principles of the Convention. An Expert also asked for detailed information on an independent monitoring institution of the Convention in Yemen and whether it was able to receive individual complaints from children on the violations of their rights. Another member of the Committee asked whether the State had taken steps to collect statistics on children in all categories concerning them.

Response by Delegation

In response to a question on the Supreme Council, the delegation said the objective of the Council was to devise strategies on child matters and coordinate all programmes and polices on child rights as well as raise awareness about these rights. A centre for monitoring the implementation of child rights was also envisaged by the Council. The delegation affirmed that there was a national plan of action for children which was drafted and which would be presented in September 2005. It had taken three years to prepare this plan and it incorporated the views of several government and civil society representatives.

As to the public's awareness of the Convention, the delegation noted that many campaigns were being launched and attempts were being made to raise awareness about problems facing children in Yemen. A strategy was recently prepared by the Ministry of Education in this regard.

With regards to violence against children, the delegation noted that there were studies undertaken to look into the occurrence of physical punishment in the home and schools and another study on the psychological impact of violence against children and sexual exploitation of children.

Concerning the participation of children, the delegation said the Ministry of Education had been promoting the creation of student councils where children's voices could be heard. Moreover, the Youth Parliament discussed a number of areas of concern to children and held discussions with various government bodies on themes ranging from education to labour issues.

Regarding the definition of the child, the delegation said the aim of the State was to reform all existing legislation in order to universalize the legal age of a child as anyone below the age of 18. In response to a follow up question, the delegation said the minimum age of marriage was currently 15 in Yemen. All marriages were registered by a Government clerk/register.

On children born out of wedlock, the delegation said these children were registered at birth, given Yemeni nationality and guaranteed all rights afforded to other children. A child of a foreigner born in Yemen was granted Yemeni nationality if born in the territory and had the right to change his nationality at the age of 18. Street children or foundlings were also given Yemeni nationality and were provided with child care through Government programmes.

As to tribal and traditional aspects, the delegation said the rule of conventional law was upheld in the case of any contradictions between traditional laws and conventional laws. There were traditional values in Yemen which were taken into consideration when laws were drafted; however the written State laws were the conventional laws which governed those in the State.

Questions Raised by Experts

During the second round of questions, the Rapporteur asked whether the term "illegitimate children" was used in Yemen. He noted that according to statistics only 25 per cent of children graduated from primary schools and asked what measures were being taken to tackle that problem. Other information on education was sought on the rate of school drop outs, in general, and vocational training. The Rapporteur also referred to the State party report which indicated that 93 per cent of the workforce was unskilled and illiterate. He asked the delegation for information on steps taken to address that situation.

Other Experts raised questions on primary health services; the rate of vaccinations for children; reproductive health; the State's adoption policies; parental responsibility; domestic violence and awareness programmes in that regard; female genital mutilation; and care for children living with HIV/AIDS.

An Expert noted that according to information received children whose mothers were in prison remained with them in prison up to the age of 12. In that regard, she asked what special attention had been provided to these children.

Additional questions covered the areas of the age of criminal responsibility; the juvenile court system; street children; children who were sexually exploited or trafficked; and child labour. While noting that the State had a number of programmes to combat child labour, including one with the International Labour Organization, an Expert asked what the results of these programmes had been, in particular the programme dealing with eliminating the worse forms of child labour.

Response by Delegation

With regards to questions raised on education, the delegation said the State party had taken significant steps to develop primary education and education for girls in particular through strategies; a number of schools were recently constructed for girls. Education was free as per the Constitution and parents who did not send their children to school were punished. Some $ 160 million had been donated to Yemen from the international community for the reform of its education system. In accordance with a Ministerial decree of 2001, corporal punishment was prohibited in Yemen.

Concerning health matters, the delegation said 52 per cent of the population was provided with health services free of charge; pre-natal care extended to 41 per cent of the population and 9.2 per cent received post-natal care. Generally, there was improvement in all major health indicators; the infant mortality had improved from 44.5 out of 1,000 live births in 2000 to 37.3 out of 1,000 live births in 2003. In addition, over 50 per cent of the children have also been immunized, but it was hoped that this figure would reach over 80 per cent with the help of a public awareness campaign. The delegation noted that recently there was an outbreak of polio in Yemen and other countries in the region after which the State had intensified its efforts to protect children against this disease as well as others.

In response to a question, the delegation said 25 per cent of women in Yemen had undergone female genital mutilation; a legal act would soon be passed prohibiting this practice.

As regards HIV/AIDS, the delegation noted that in 2005 there were 41 new cases of children infected with HIV/AIDS and 5,193 overall were infected with the disease in Yemen. People who were infected were provided with assistance and counselling by the Government.

Concerning malnutrition, the delegation said children under the age of five were especially affected by malnutrition. There was a network of volunteers set up in local communities to raise awareness about adequate nutrition for mothers and children and food was distributed free of charge. Special training was also provided to health workers in this regard.

In response to a question on the intention to set up a national institution for human rights, the delegation said such a body would be set up in the near future. Among other things, it would address a wide range of issues affecting children including the special needs of displaced children, violence against children, street children, and sexually exploited children.

As to the participation of civil society organizations in Yemen, the delegation noted that at present there were some 5,000 non-governmental organizations in Yemen. Many of them received financial aid from the State.

In response to a question on children in prison, the delegation said the law on juvenile institutions prohibited the practice of keeping children with their mothers in prison unless they had no other family member to turn to. Those who were in prison were provided with education.

Concerning refugee children, the delegation said in spite of all the problems Yemen had it was hosting some 60,000 refugees. These refugees, including children, received food and health aid and education, among other social services.

Regarding child trafficking, the delegation said this phenomenon was a result of the increasing poverty in Yemen. Families, because of their difficult financial situation, allowed this practice to occur. In response to this problem, a number of centres were set up in border areas, agreements were entered into with neighbouring countries to end this practice, and a national strategy was drawn up and was being implemented. In response to a follow up question, the delegation said the Government carried out a study to look into the issue of children who were trafficked to Saudi Arabia for labour purposes which had determined that there were some children being trafficked for this purpose. This had led to the creation of several programmes to combat these acts and to assist the victims and increased bilateral cooperation between the two States to eliminate these migrations.

As for children with disabilities, the delegation stated that over 70 non-governmental organizations were working in the area of children with disabilities in Yemen. Among other things, a special fund was set up to address the needs of these children. A strategy was also being implemented to allow for the integration of disabled children into the school system.

In response to a question, the delegation said the age of military service was 18 and children did not participate in armed conflicts, although children commonly carried arms, especially in rural villages, as a means of protecting their households. There was a law which was currently being reviewed by the Parliament to prohibit the bearing of arms by minors and it was hoped that this law would soon be passed.

As to questions on the consumption of "quat", the delegation said this was a social phenomenon which was not prohibited by the law in general although its use was prohibited in schools and during working hours. Specialized campaigns had been conducted to target young persons to dissuade them from using "quat".

Concerning orphans and orphanages, the delegation said in Yemen orphans were not only considered to be children without parents but also children who could not be supported financially by their parents or caregivers. There were a number of orphanages in the State which often served as day care centres and provided services for disadvantaged children, including education. There were orphanages which were run by the Government and those run by non-governmental organizations; there were no orphanages run by the private sector. There were between 70,000 to 100,000 orphans in the country who received assistance. There was one main Government-run orphanage where some 17,000 orphans were catered to.

As to minors in conflict with the law, the delegation said there were very few juvenile justice centres in the State. Any child offender was brought to the police station when apprehended and could only remain in the police station for up to 24 hours before being charged with the crime during which time they were separated from adults. There were also special prosecutors dealing specifically with juvenile matters.

Preliminary Observations

LOTHAR FRIEDRICH KRAPPMANN, the Committee Expert serving as Rapporteur for the report of Yemen, said it was clear that progress had been made in the area of child rights in Yemen, as well as that problems were still to be faced by the State. The concluding observations would address the coordination of the several strategies and plans devised on children's matters; data collection; discrimination; the best interests of the child; birth registration; families in trouble; health services; education; and protection measures.

It was apparent that national plans had been put in place for nearly every aspect of children's rights, which was to be applauded, the Rapporteur said. It should now be the chief priority of the State to implement these plans rather than to draw up new laws. The main obstacles that persisted were poverty and existing customs which were not favourable to children. There were attitudes in society which believed that the child was not an active member of society. These attitudes should be reversed.

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