COMMITTEE ON THE RIGHTS OF THE CHILD CONSIDERS REPORT OF ALGERIA
Meeting Summaries
IDRISS JAZAIRY, Permanent Representative of Algeria to the United Nations Office at Geneva, said the presentation of the second periodic report was the expression of the renewed engagement of Algeria to fully respect its international obligations to which it had subscribed in the context of the Convention. Since the submission of the report in December 2003, the general situation in Algeria had evolved: human rights had been further reinforced, in particular by the adoption of a new code on nationality, the revision of the family code, and the instigation of a number of other legislative and reglementary texts which promoted the rights of the child.
At the presentation of the initial report in 1997, Algeria was confronted by an unparalleled situation of terrorist violence, in which children were daily exposed to terrorist attacks. In 2005, Algeria was a stable, peaceful country, with a better future for all children. In this context, the data submitted today was evidence of the progress made, despite lacunae, as the authorities were determined to continue their efforts towards a constant improvement of children’s rights. The State had dedicated a significant amount of its resources towards implementing the rights upheld by the Convention, including education, health, juvenile protection, the fight against social plagues, and employment and real progress had been made in all these fields.
Algeria remained committed to the promotion and protection of the rights of the child. The gradual compliance of national legislation with the provisions of the Convention remained a priority. Algeria was awaiting the opinions of the Committee, and would provide frank answers to all questions.
Questions by Experts
HATEM KOTRANE, Committee Expert serving as Country Rapporteur for the report of Algeria, said the Committee had, in its previous final recommendations, noted with satisfaction that the State party had ratified the Convention and taken a certain number of measures with a view to giving a boost to the rights of the child in certain fields covered by the Convention, but it had, at the same time, expressed a number of concerns, and formulated certain recommendations. Today, the Committee could congratulate itself on the positive changes concerning the rights of the child in Algeria, and in particular the efforts made over the last few years in the areas of ratification and adhesion to international and regional instruments with regards to human rights. The State had also adopted a number of laws and dispositions reinforcing the rights of the child, although these were, regrettably, still insufficient or still only at the project stage.
A number of new institutions had been put into place which were charged with promoting the rights of the child, but there was a need to know what progress had been made on the project for a code of protection of the child. The Committee realised that Algeria was passing through a period of transition at all levels, including political, economic and social. The progressive re-establishment of social peace, stability, political plurality and important reforms undertaken of the economic system were an encouraging sign, and should be constantly in mind when examining the situation in the State party. There was also a need to know what measures were planned with regards to accelerating the preparations of a new national plan on children, and whether a national commission, as well as an independent national institution on the rights of the child were envisaged.
Other questions asked by Mr. Kotrane included what measures the Government was planning to take in the future to increase the budget allocated for the implementation of the rights of the child; what were the plans for accelerating the setting-up of a system of collection of data and indicators compatible with the Convention; what did the State party plan with regards to revising its legislation so that it fully reflected and took into consideration article 3 of the Convention; what were the plans and programmes of the State party to guarantee the respect of the opinions of the child, to promote in the family, at school and before the courts and administrative bodies the participation of children in everything concerning them; and what were the plans and programmes envisaged in order to set up training programmes for teachers, social workers, local civil servants and religious leaders to allow them to help children to express their opinions and to take these into account.
Other Experts also noted that the State party had implemented a number of the previous recommendations. Several Experts raised issues of cooperation with civil society organizations and non-governmental organizations, and asked whether the Government was considering setting up a human rights organization in line with the Paris Principles. The issue of reservations to the Convention and whether there was a political will towards going beyond these was of interest to several Experts, and an Expert asked whether the Government was considering ratifying the Optional Protocols to the Convention.
Violence against children was also an area of concern for several Experts, who respectively raised the issue of corporal punishment of children by parents, and urged that there was a need for a legal redress of this violation of the rights of the child as well as to raise awareness of the problem. Did Algeria intend to host a conference to follow-up this issue of violence, an Expert asked, as the Committee was particularly attentive to this issue. In view of the destructive violence experienced by Algeria, what was done to protect children from the importation of radical Islamic tendencies that deepened violence such as advocating the stoning of adulteresses, an Expert inquired.
Other issues of concern were the age of marriage for girls; plans on developing strategies in particular areas including sexual abuse and the need for disaggregated data on this subject; monitoring and follow-up; the registration of births; the establishment of a complaints mechanism; the rights of children born out of wedlock as these appeared to be different from those born to married parents; how to reconcile taking into account children’s views with strict provisions contained in the law which did not grant children discernment before the age of 16; and whether there were any provisions with regard to registration of the causes of death, and any measures taken with regard to the prevention of suicide.
Response by Delegation
Responding to these issues and questions, the delegation of Algeria said concerning the coordination of Government policy when it came to children’s rights and the protection of children, children were provided for and protected by a number of different sectors, as there was a wide range of plagues affecting them. There were a number of commissions and committees that worked in order to ensure inter-ministerial coordination. There was one Committee which ensured that the provisions of the Convention were implemented, and this received input from civil society and NGOs, and worked with specialists before drafting documentation. It also provided follow-up and monitored activities geared towards children, and worked hand in hand with other institutions, ministerial bodies and agencies working in favour of women and children.
On legislative matters including the family code, family legislation and other laws enacted with regards to children, a Working Group had been set up in the Ministry of Justice to examine all texts relating to the child, and to determine what was in violation or not in conformity with the Convention, the delegation said. Comments had been taken into account in revising the nationality code, among other things. There was a Regional Ombudsman who had the right to monitor institutions hosting children, and mediation had also been introduced as a procedure between victims and the parents of the minor offender before proceeding to the courts.
Children previously in police custody had not been covered by any provisions, but this was no longer the case, as regulatory standards had been implemented, including that the child had to be held in adequate circumstances, apart from adults, when in pre-trial detention. The Juvenile Judge’s powers went beyond sentencing, and his role was primarily that of an educator. An Expert asked further questions regarding the legal position of the future post of Ombudsman for the Child, among other things, and the delegation responded, saying that the Bill for the Rights of the Child was progressing, and that the Ombudsman was to be selected from among individuals who were interested in matters relating to the protection of children. The position was established by Presidential Decree, and all matters relating to the structure of the Office would be subject to regulation.
Coordination on the rights of the child was carried out by the Council of Ministers, the delegation said, and the President of the Republic chaired the Council. Coordination between Ministries was thus carried out at the Council meetings.
On cooperation between international bodies and education and schools, the delegation said a number of ministries covered this. A human rights guide had been drafted together with UNICEF that had been published by the Ministry of the Family and distributed to all institutions working with children, and pamphlets had been distributed to all bodies working on the rights of the child, including education institutions. There were bodies responsible for communication, and the mass media was also used to reach families and children in order to publicise the culture of human rights. This last required considerable effort, but specific programmes existed aimed at improving awareness among school children and informing them of their rights.
Violence in schools had not been eliminated, the delegation said, but measures were taken against all those who breached the prohibition. All those who breached it were liable to administrative sanction, and a complaint could even be made to the judicial authorities with a penal sanction if required. There were training programmes for educators to provide assistance to children who had been traumatised by terrorist activity. An annual grant was made towards school expenses to the poorer families, but not towards fees, as schooling was free. The figures on girls going to school were more and more positive.
Questions by Experts
Experts then raised further issues in a second round of questions, including on health issues, with an Expert inquiring what modifications had been made to the health system, and what had been done to reduce the high percentage of child mortality. Another question on health from another Expert was on what was being done to thwart the growth of HIV/AIDS. An Expert also asked a question on mental health, noting the high incidence of adolescent suicide, and asked what services were being provided to adolescents in this context.
Questions on education posed by Experts included what was being done to encourage the education of girls, and issues linked to the education of handicapped children. An Expert also asked whether there was monitoring of what was being taught under the banner of religious education, and was there any programme for modernising the madrassahs. The reform of the educational system was raised by another Expert, who asked what was being done with regard to reform of educational methods, and how teachers were being trained.
Other questions asked by Experts included what measures were undertaken by the Government to ensure the right of a child born out of wedlock to know who their parents were and to be raised by their parents; what level of development had been reached in family planning programmes; further information on reported incidents of incest and paedophilia, and how these were treated judicially; and what was being done with regards to malnutrition.
Response by Delegation
When it came to data collection, the delegation said, this was something that was taken very seriously with regard to mother and child-oriented programmes. Incentives were given to parents to register their children, including vaccination, and there were no repressive measures. The statistical collection system had been strengthened, with a National Statistics Authority. Research activities were held on, among other things, the living conditions of households, with the aim of contributing to development programmes. Assessments of child health programmes were carried out regularly. Infant mortality had been reduced five-fold, and a number of lessons had been learnt. On the basis of a decree, various activities had been institutionalised related to new-borns.
The concept of reproductive health was being examined in order to ensure that the Algerian strategy contained high-quality programmes, the delegation said. Access to contraception was provided at an early age, which cut down on infant and maternal mortality rates. Contraception was used by 58 per cent of couples, and programmes had been very successful in this regard. Malnutrition was not something that had worsened: over the last decade there was no increase in underweight children. The incidence of HIV/AIDS was not high, but due to geographical location and the structure of the population with many young people, Algeria recognised that it was a country at risk.
In response to a question on the availability of contraception, the delegation responded that access to condoms raised no problems, as they were easily available, including being distributed in schools, and programmes worked to raise the awareness of people. Other contraceptives were also available, but with regards to contraception for women, there was need for a clinical examination.
Since independence, the delegation said, Algeria had always cared for the most vulnerable in the society, in particular disabled children. Children who were exposed to moral danger were in institutions, and they were placed there in cooperation with the Ministry of Justice, under the aegis of the Ministry of Social Affairs. Children in moral danger faced psychological problems, and there were particular centres for girls in this situation. Experts then asked further questions on the topic of the centres and institutions, to which the delegation responded briefly.
An Expert raised the issue that it appeared that the child of an unmarried mother would be placed in an institution, as this was his interpretation of the report, and asked for clarification. He also inquired what moral danger for girls meant. The delegation said if a child was born out of wedlock, this was considered a social and cultural stigma, and often the child was simply abandoned. For young girls in centres, there was no discrimination, and these girls were often girls who had run away from home in a state of rebellion and who refused to return to their families.
With regards to children in moral danger, this could encompass children begging in the street or facing sexual exploitation, and there needed to be a decision by the juvenile judge to place them in a centre or a foster family. The judge then provided for follow-up and an assessment of their progress on the grounds of a monthly meeting. Children who had committed an offence could be returned to the family or placed in a centre under the auspices of the Minister for Solidarity.
On reform of the education system, the delegation said the reform had gotten underway in 2003, and was now in the third year. This year, the reform of the secondary system was being implemented. The purpose was to establish a republican school system that would better prepare students to take their place in a modern world. Teaching was now child-centred and tailored to needs. The reform was meant to be sustainable, and would be completed in 2008.
All the programmes currently running targeted regions that were less advanced in order to resolve problems related to inequality in all areas, including education, the delegation said. There was absolutely no discrimination between girls and boys in education, be it in terms of access or education, and if anything there was positive discrimination. Enrolment was equal for both. School was compulsory up to the age of 16, and 94 per cent of children were in school. Those who were outside the system were provided with vocational training. There were also facilities for remote learning for children.
On Western Sahara, Algeria believed it had an obligation to take in refugees from this area, and had done so, the delegation said. The State Party had also received migrants from sub-Saharan Africa, and Algeria was faced with the same problems in this respect as surrounding countries. Proposals had been made by northern countries that Algeria keep these people in detention in camps, but Algeria had been loath to do this, feeling that this would violate their rights and freedoms. Algeria worked in a Mediterranean and Maghreb context to ensure that people remained at home, investing in areas in other countries such as Mali to make them more attractive to ensure that people remained home.
Mechanisms had been set up to combat child exploitation in the context of labour. Child labour took many different forms, both formal and informal. Measures had been taken therefore to coordinate various sectors in order to tackle the problem effectively, the delegation said. The situation had been analysed, and it was determined that it was not alarming, and yet certain preventative measures were necessary in order to ensure that the situation remained stable, and these had been identified and implemented. Provisions included legislative ones, covering when children could not work, and in which jobs they could not be employed.
Experts asked questions regarding what processes would guarantee children’s rights in the context of international adoption; and whether children were employed as domestic servants. The delegation responded that adoption abroad was in the hands of the consulates. In Algerian legislation, adoption per se did not exist, but rather there was the Islamic "kafala" system. Abandoned children could be welcomed by Algerians living abroad, and these procedures took place in consulates. On a further question on the topic of the abduction of children abroad, the delegation said that there was an agreement with the French Government covering the abduction of a child of a mixed marriage between a French national and an Algerian national.
With regard to corporal punishment and whether the Government had conducted or planned to conduct awareness-raising campaigns informing teachers, parents and others of the negative aspects of corporal punishment and to present to them alternative forms of discipline, the delegation said in terms of prevention there were regulatory provisions taken with regard to offenders, and a national programme was implemented in schools that was structured to fight against violence, including corporal punishment. There were also training and information campaigns to fight against corporal punishment, verbal violence and humiliation. Work was being carried out on the preparation of a professional code of ethics for teachers that would focus on violence against children. A charter for schools which dealt with another aspect, namely violence between children, was also being drafted.
The reporting of acts endangering minors was a legal obligation, the delegation said. Experts also asked questions on figures for juvenile delinquents, and asked what happened to children who were not charged for having committed illegal acts. The delegation said the figure given was for imprisoned children, those who had received sentences, and were either in centres for minors or areas in prisons reserved for minors. Detention was the last resort for a juvenile judge, and this was why the figure was low, as other alternatives existed, including centres for juveniles. The Ministry of Justice had studied ways to harmonise law texts in order to provide the best possible protection to juvenile offenders.
Preliminary Concluding Remarks
HATEM KOTRANE, the Committee Expert serving as Country Rapporteur, said he wished to congratulate the delegation for the very high level of discussion during the consideration of the report. The discussion had been occasionally technical, and had gone into great depth. Much more information became available due to this, and the discussion had been fruitful. It was clear that the State party had the will to forge on to provide protection for the people of Algeria, and the concluding observations would reflect the quality of this discussion, as well as the progress made by the State party. There was much cause for satisfaction, in particular with regards to the reforms made. There were some continuing concerns, which were perhaps inevitable, and the Committee was here to help the State party to make progress. The interpretative declarations were still a matter for concern, but that the State party had declared it would ratify the two Optional Protocols was welcomed.
Mr. Kotrane said there was a need for a national plan of action that was more cohesive and consistent, as well as improved data collection, and more coordination between national policy and legislation, which should also be brought further in line with the provisions of the Convention. Many reforms had been made as a result of the first report, and it was hoped it would also be the case for the second.
NORBERTO LIWSKI, the Committee Expert serving as co-Country Rapporteur, said he also wished to congratulate the delegation for its openness and preparedness to deal with all issues raised. It was important that the data collection system continue to be further developed. Cooperation with civil society and non-governmental organizations was something that the Government was considering, and the conclusions and recommendations of the Committee could serve as a means for strengthening and promoting cooperation in this field. Some of the strategies already implemented could be further strengthened, including those against institutional violence and corporal punishment.
There was clearly a will to overcome these serious problems, and the Committee’s observations would also refer to bills such as the Code of the Child being adopted promptly. Reducing mother and child mortality was also very important, efforts should be continued, particularly with a view to reducing the percentage of deaths, and there should be further support for national policy in this area. In the field of education, reducing current drop-out rates was part of the national objective, as was increasing pre-school attendance, and this were applauded. It was important to consider the context in which strategies were lodged. The reaffirmation of the need to protect the children of Western Sahara was encouraging. The Committee looked forward to the implementation of its conclusions and recommendations in the future.
For use of the information media; not an official record
CRC05029E
The Committee on the Rights of the Child this morning took up the second periodic report of Algeria on how that country implements the provisions of the Convention on the Rights of the Child.
Idriss Jazairy, Permanent Representative of Algeria to the United Nations Office at Geneva, said that at the presentation of the initial report in 1997, Algeria was confronted by an unparalleled situation of terrorist violence, in which children were daily exposed to terrorist attacks. In 2005, Algeria was a stable, peaceful country, with a better future for all children. In this context, the data submitted today was evidence of the progress made, despite lacunae, as the authorities were determined to continue their efforts towards a constant improvement of children’s rights.
Issues raised by Experts, including Hatem Kotrane, who served as Country Rapporteur for the report, included that of reservations to the Convention and whether the State party had any will to go beyond these. Violence against children was also an area of concern for several Experts, who raised the issue of corporal punishment of children by parents, and urged that there was a need for a legal redress of this violation of the rights of the child as well as to raise awareness of the problem.
In preliminary concluding remarks, Mr. Kotane said the discussion had been fruitful. It was clear that the State party had the will to forge on to provide protection for the people of Algeria, and the concluding observations would reflect the quality of this discussion, as well as the progress made by the State party. There was much cause for satisfaction, in particular with regards to the reforms made. There were some continuing concerns, which were perhaps inevitable, and the Committee was here to help the State party to make progress.
Norberto Liwski, the co-Country Rapporteur, said he also wished to congratulate the delegation for its openness and preparedness to deal with all issues raised. There was clearly a will to overcome these serious problems. The Committee looked forward to the implementation of its conclusions and recommendations in the future.
Also in the Algerian delegation were representatives of the Ministry of Foreign Affairs, the Ministry of Health, Population and Hospital Reform, the Ministry of Employment and National Solidarity, the Ministry of Work and Social Security, the Ministry of Justice, the Ministry of National Education, and the Ministry in charge of the Family and the Situation of Women.
The Committee will reconvene at 10 a.m. on Thursday, 15 September, to take up the second periodic report of Uganda.
Report of Algeria
The second periodic report of Algeria (CRC/C/93/Add.7) states that Algeria ratified the Convention on the Rights of the Child on 19 December 1992. At the time of consideration of the initial report, the Algerian delegation outlined the programme of political and economic reforms that had been launched pursuant to the Constitution of 23 February 1989 with the aim of establishing new institutions based on political pluralism, the separation of powers, the independence of the judiciary, freedom of expression and a free market economy. The delegation also stated that, in the international context, the Algerian authorities were keen to expedite Algeria’s accession to a number of international human rights instruments.
Since the submission of the initial report, the Algerian authorities have pursued efforts to consolidate a State subject to the rule of law, pluralist democracy and the promotion and protection of human rights, notwithstanding the shadow of criminal terrorist violence. Thus, new institutions have been established pursuant to a constitutional revision of 28 November 1996, existing mechanisms to promote human rights have been strengthened, and certain aspects of economic, social and cultural legislation have been updated to reflect new realities. Justice, education and State bodies are undergoing thorough reforms, entrusted to national commissions made up of professionals and independent figures. The recommendations of these commissions have sustained the action taken by the authorities. Finally, there has been a remarkable flourishing of civil society, which has received more and more encouragement.
The second periodic report comprises two parts, in conformity with the Committee’s guidelines. Part one, entitled “general information”, outlines Algeria’s general political structure, presents the framework in which human rights are promoted and protected, and contains Algeria’s replies to the recommendations made by the Committee in its concluding observations pursuant to its consideration of the initial report. Part two contains information on the substantive provisions of the Convention, focusing on new developments.
IDRISS JAZAIRY, Permanent Representative of Algeria to the United Nations Office at Geneva, said the presentation of the second periodic report was the expression of the renewed engagement of Algeria to fully respect its international obligations to which it had subscribed in the context of the Convention. Since the submission of the report in December 2003, the general situation in Algeria had evolved: human rights had been further reinforced, in particular by the adoption of a new code on nationality, the revision of the family code, and the instigation of a number of other legislative and reglementary texts which promoted the rights of the child.
At the presentation of the initial report in 1997, Algeria was confronted by an unparalleled situation of terrorist violence, in which children were daily exposed to terrorist attacks. In 2005, Algeria was a stable, peaceful country, with a better future for all children. In this context, the data submitted today was evidence of the progress made, despite lacunae, as the authorities were determined to continue their efforts towards a constant improvement of children’s rights. The State had dedicated a significant amount of its resources towards implementing the rights upheld by the Convention, including education, health, juvenile protection, the fight against social plagues, and employment and real progress had been made in all these fields.
Algeria remained committed to the promotion and protection of the rights of the child. The gradual compliance of national legislation with the provisions of the Convention remained a priority. Algeria was awaiting the opinions of the Committee, and would provide frank answers to all questions.
Questions by Experts
HATEM KOTRANE, Committee Expert serving as Country Rapporteur for the report of Algeria, said the Committee had, in its previous final recommendations, noted with satisfaction that the State party had ratified the Convention and taken a certain number of measures with a view to giving a boost to the rights of the child in certain fields covered by the Convention, but it had, at the same time, expressed a number of concerns, and formulated certain recommendations. Today, the Committee could congratulate itself on the positive changes concerning the rights of the child in Algeria, and in particular the efforts made over the last few years in the areas of ratification and adhesion to international and regional instruments with regards to human rights. The State had also adopted a number of laws and dispositions reinforcing the rights of the child, although these were, regrettably, still insufficient or still only at the project stage.
A number of new institutions had been put into place which were charged with promoting the rights of the child, but there was a need to know what progress had been made on the project for a code of protection of the child. The Committee realised that Algeria was passing through a period of transition at all levels, including political, economic and social. The progressive re-establishment of social peace, stability, political plurality and important reforms undertaken of the economic system were an encouraging sign, and should be constantly in mind when examining the situation in the State party. There was also a need to know what measures were planned with regards to accelerating the preparations of a new national plan on children, and whether a national commission, as well as an independent national institution on the rights of the child were envisaged.
Other questions asked by Mr. Kotrane included what measures the Government was planning to take in the future to increase the budget allocated for the implementation of the rights of the child; what were the plans for accelerating the setting-up of a system of collection of data and indicators compatible with the Convention; what did the State party plan with regards to revising its legislation so that it fully reflected and took into consideration article 3 of the Convention; what were the plans and programmes of the State party to guarantee the respect of the opinions of the child, to promote in the family, at school and before the courts and administrative bodies the participation of children in everything concerning them; and what were the plans and programmes envisaged in order to set up training programmes for teachers, social workers, local civil servants and religious leaders to allow them to help children to express their opinions and to take these into account.
Other Experts also noted that the State party had implemented a number of the previous recommendations. Several Experts raised issues of cooperation with civil society organizations and non-governmental organizations, and asked whether the Government was considering setting up a human rights organization in line with the Paris Principles. The issue of reservations to the Convention and whether there was a political will towards going beyond these was of interest to several Experts, and an Expert asked whether the Government was considering ratifying the Optional Protocols to the Convention.
Violence against children was also an area of concern for several Experts, who respectively raised the issue of corporal punishment of children by parents, and urged that there was a need for a legal redress of this violation of the rights of the child as well as to raise awareness of the problem. Did Algeria intend to host a conference to follow-up this issue of violence, an Expert asked, as the Committee was particularly attentive to this issue. In view of the destructive violence experienced by Algeria, what was done to protect children from the importation of radical Islamic tendencies that deepened violence such as advocating the stoning of adulteresses, an Expert inquired.
Other issues of concern were the age of marriage for girls; plans on developing strategies in particular areas including sexual abuse and the need for disaggregated data on this subject; monitoring and follow-up; the registration of births; the establishment of a complaints mechanism; the rights of children born out of wedlock as these appeared to be different from those born to married parents; how to reconcile taking into account children’s views with strict provisions contained in the law which did not grant children discernment before the age of 16; and whether there were any provisions with regard to registration of the causes of death, and any measures taken with regard to the prevention of suicide.
Response by Delegation
Responding to these issues and questions, the delegation of Algeria said concerning the coordination of Government policy when it came to children’s rights and the protection of children, children were provided for and protected by a number of different sectors, as there was a wide range of plagues affecting them. There were a number of commissions and committees that worked in order to ensure inter-ministerial coordination. There was one Committee which ensured that the provisions of the Convention were implemented, and this received input from civil society and NGOs, and worked with specialists before drafting documentation. It also provided follow-up and monitored activities geared towards children, and worked hand in hand with other institutions, ministerial bodies and agencies working in favour of women and children.
On legislative matters including the family code, family legislation and other laws enacted with regards to children, a Working Group had been set up in the Ministry of Justice to examine all texts relating to the child, and to determine what was in violation or not in conformity with the Convention, the delegation said. Comments had been taken into account in revising the nationality code, among other things. There was a Regional Ombudsman who had the right to monitor institutions hosting children, and mediation had also been introduced as a procedure between victims and the parents of the minor offender before proceeding to the courts.
Children previously in police custody had not been covered by any provisions, but this was no longer the case, as regulatory standards had been implemented, including that the child had to be held in adequate circumstances, apart from adults, when in pre-trial detention. The Juvenile Judge’s powers went beyond sentencing, and his role was primarily that of an educator. An Expert asked further questions regarding the legal position of the future post of Ombudsman for the Child, among other things, and the delegation responded, saying that the Bill for the Rights of the Child was progressing, and that the Ombudsman was to be selected from among individuals who were interested in matters relating to the protection of children. The position was established by Presidential Decree, and all matters relating to the structure of the Office would be subject to regulation.
Coordination on the rights of the child was carried out by the Council of Ministers, the delegation said, and the President of the Republic chaired the Council. Coordination between Ministries was thus carried out at the Council meetings.
On cooperation between international bodies and education and schools, the delegation said a number of ministries covered this. A human rights guide had been drafted together with UNICEF that had been published by the Ministry of the Family and distributed to all institutions working with children, and pamphlets had been distributed to all bodies working on the rights of the child, including education institutions. There were bodies responsible for communication, and the mass media was also used to reach families and children in order to publicise the culture of human rights. This last required considerable effort, but specific programmes existed aimed at improving awareness among school children and informing them of their rights.
Violence in schools had not been eliminated, the delegation said, but measures were taken against all those who breached the prohibition. All those who breached it were liable to administrative sanction, and a complaint could even be made to the judicial authorities with a penal sanction if required. There were training programmes for educators to provide assistance to children who had been traumatised by terrorist activity. An annual grant was made towards school expenses to the poorer families, but not towards fees, as schooling was free. The figures on girls going to school were more and more positive.
Questions by Experts
Experts then raised further issues in a second round of questions, including on health issues, with an Expert inquiring what modifications had been made to the health system, and what had been done to reduce the high percentage of child mortality. Another question on health from another Expert was on what was being done to thwart the growth of HIV/AIDS. An Expert also asked a question on mental health, noting the high incidence of adolescent suicide, and asked what services were being provided to adolescents in this context.
Questions on education posed by Experts included what was being done to encourage the education of girls, and issues linked to the education of handicapped children. An Expert also asked whether there was monitoring of what was being taught under the banner of religious education, and was there any programme for modernising the madrassahs. The reform of the educational system was raised by another Expert, who asked what was being done with regard to reform of educational methods, and how teachers were being trained.
Other questions asked by Experts included what measures were undertaken by the Government to ensure the right of a child born out of wedlock to know who their parents were and to be raised by their parents; what level of development had been reached in family planning programmes; further information on reported incidents of incest and paedophilia, and how these were treated judicially; and what was being done with regards to malnutrition.
Response by Delegation
When it came to data collection, the delegation said, this was something that was taken very seriously with regard to mother and child-oriented programmes. Incentives were given to parents to register their children, including vaccination, and there were no repressive measures. The statistical collection system had been strengthened, with a National Statistics Authority. Research activities were held on, among other things, the living conditions of households, with the aim of contributing to development programmes. Assessments of child health programmes were carried out regularly. Infant mortality had been reduced five-fold, and a number of lessons had been learnt. On the basis of a decree, various activities had been institutionalised related to new-borns.
The concept of reproductive health was being examined in order to ensure that the Algerian strategy contained high-quality programmes, the delegation said. Access to contraception was provided at an early age, which cut down on infant and maternal mortality rates. Contraception was used by 58 per cent of couples, and programmes had been very successful in this regard. Malnutrition was not something that had worsened: over the last decade there was no increase in underweight children. The incidence of HIV/AIDS was not high, but due to geographical location and the structure of the population with many young people, Algeria recognised that it was a country at risk.
In response to a question on the availability of contraception, the delegation responded that access to condoms raised no problems, as they were easily available, including being distributed in schools, and programmes worked to raise the awareness of people. Other contraceptives were also available, but with regards to contraception for women, there was need for a clinical examination.
Since independence, the delegation said, Algeria had always cared for the most vulnerable in the society, in particular disabled children. Children who were exposed to moral danger were in institutions, and they were placed there in cooperation with the Ministry of Justice, under the aegis of the Ministry of Social Affairs. Children in moral danger faced psychological problems, and there were particular centres for girls in this situation. Experts then asked further questions on the topic of the centres and institutions, to which the delegation responded briefly.
An Expert raised the issue that it appeared that the child of an unmarried mother would be placed in an institution, as this was his interpretation of the report, and asked for clarification. He also inquired what moral danger for girls meant. The delegation said if a child was born out of wedlock, this was considered a social and cultural stigma, and often the child was simply abandoned. For young girls in centres, there was no discrimination, and these girls were often girls who had run away from home in a state of rebellion and who refused to return to their families.
With regards to children in moral danger, this could encompass children begging in the street or facing sexual exploitation, and there needed to be a decision by the juvenile judge to place them in a centre or a foster family. The judge then provided for follow-up and an assessment of their progress on the grounds of a monthly meeting. Children who had committed an offence could be returned to the family or placed in a centre under the auspices of the Minister for Solidarity.
On reform of the education system, the delegation said the reform had gotten underway in 2003, and was now in the third year. This year, the reform of the secondary system was being implemented. The purpose was to establish a republican school system that would better prepare students to take their place in a modern world. Teaching was now child-centred and tailored to needs. The reform was meant to be sustainable, and would be completed in 2008.
All the programmes currently running targeted regions that were less advanced in order to resolve problems related to inequality in all areas, including education, the delegation said. There was absolutely no discrimination between girls and boys in education, be it in terms of access or education, and if anything there was positive discrimination. Enrolment was equal for both. School was compulsory up to the age of 16, and 94 per cent of children were in school. Those who were outside the system were provided with vocational training. There were also facilities for remote learning for children.
On Western Sahara, Algeria believed it had an obligation to take in refugees from this area, and had done so, the delegation said. The State Party had also received migrants from sub-Saharan Africa, and Algeria was faced with the same problems in this respect as surrounding countries. Proposals had been made by northern countries that Algeria keep these people in detention in camps, but Algeria had been loath to do this, feeling that this would violate their rights and freedoms. Algeria worked in a Mediterranean and Maghreb context to ensure that people remained at home, investing in areas in other countries such as Mali to make them more attractive to ensure that people remained home.
Mechanisms had been set up to combat child exploitation in the context of labour. Child labour took many different forms, both formal and informal. Measures had been taken therefore to coordinate various sectors in order to tackle the problem effectively, the delegation said. The situation had been analysed, and it was determined that it was not alarming, and yet certain preventative measures were necessary in order to ensure that the situation remained stable, and these had been identified and implemented. Provisions included legislative ones, covering when children could not work, and in which jobs they could not be employed.
Experts asked questions regarding what processes would guarantee children’s rights in the context of international adoption; and whether children were employed as domestic servants. The delegation responded that adoption abroad was in the hands of the consulates. In Algerian legislation, adoption per se did not exist, but rather there was the Islamic "kafala" system. Abandoned children could be welcomed by Algerians living abroad, and these procedures took place in consulates. On a further question on the topic of the abduction of children abroad, the delegation said that there was an agreement with the French Government covering the abduction of a child of a mixed marriage between a French national and an Algerian national.
With regard to corporal punishment and whether the Government had conducted or planned to conduct awareness-raising campaigns informing teachers, parents and others of the negative aspects of corporal punishment and to present to them alternative forms of discipline, the delegation said in terms of prevention there were regulatory provisions taken with regard to offenders, and a national programme was implemented in schools that was structured to fight against violence, including corporal punishment. There were also training and information campaigns to fight against corporal punishment, verbal violence and humiliation. Work was being carried out on the preparation of a professional code of ethics for teachers that would focus on violence against children. A charter for schools which dealt with another aspect, namely violence between children, was also being drafted.
The reporting of acts endangering minors was a legal obligation, the delegation said. Experts also asked questions on figures for juvenile delinquents, and asked what happened to children who were not charged for having committed illegal acts. The delegation said the figure given was for imprisoned children, those who had received sentences, and were either in centres for minors or areas in prisons reserved for minors. Detention was the last resort for a juvenile judge, and this was why the figure was low, as other alternatives existed, including centres for juveniles. The Ministry of Justice had studied ways to harmonise law texts in order to provide the best possible protection to juvenile offenders.
Preliminary Concluding Remarks
HATEM KOTRANE, the Committee Expert serving as Country Rapporteur, said he wished to congratulate the delegation for the very high level of discussion during the consideration of the report. The discussion had been occasionally technical, and had gone into great depth. Much more information became available due to this, and the discussion had been fruitful. It was clear that the State party had the will to forge on to provide protection for the people of Algeria, and the concluding observations would reflect the quality of this discussion, as well as the progress made by the State party. There was much cause for satisfaction, in particular with regards to the reforms made. There were some continuing concerns, which were perhaps inevitable, and the Committee was here to help the State party to make progress. The interpretative declarations were still a matter for concern, but that the State party had declared it would ratify the two Optional Protocols was welcomed.
Mr. Kotrane said there was a need for a national plan of action that was more cohesive and consistent, as well as improved data collection, and more coordination between national policy and legislation, which should also be brought further in line with the provisions of the Convention. Many reforms had been made as a result of the first report, and it was hoped it would also be the case for the second.
NORBERTO LIWSKI, the Committee Expert serving as co-Country Rapporteur, said he also wished to congratulate the delegation for its openness and preparedness to deal with all issues raised. It was important that the data collection system continue to be further developed. Cooperation with civil society and non-governmental organizations was something that the Government was considering, and the conclusions and recommendations of the Committee could serve as a means for strengthening and promoting cooperation in this field. Some of the strategies already implemented could be further strengthened, including those against institutional violence and corporal punishment.
There was clearly a will to overcome these serious problems, and the Committee’s observations would also refer to bills such as the Code of the Child being adopted promptly. Reducing mother and child mortality was also very important, efforts should be continued, particularly with a view to reducing the percentage of deaths, and there should be further support for national policy in this area. In the field of education, reducing current drop-out rates was part of the national objective, as was increasing pre-school attendance, and this were applauded. It was important to consider the context in which strategies were lodged. The reaffirmation of the need to protect the children of Western Sahara was encouraging. The Committee looked forward to the implementation of its conclusions and recommendations in the future.
For use of the information media; not an official record
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