COMMITTEE ON RIGHTS OF CHILD CONCLUDES FIFTIETH SESSION
The Committee on the Rights of the Child today concluded its fiftieth session, issuing its conclusions and recommendations on the situation of children in Malawi, Chad, the Netherlands, the Republic of Moldova, the Democratic Republic of the Congo and the Democratic People's Republic of Korea, whose reports on efforts to comply with the Convention on the Rights of the Child were considered during the session. The reports of the Netherlands and Maldives on efforts to comply with the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, and the reports of Moldova, Maldives and Tunisia, on the involvement of children in armed conflict, were also considered, and concluding observations issued on them.
Near the beginning of its session, on 13 January, the Committee issued a statement expressing deep concern at the devastating effects that the military engagement in Gaza was having on children and lamenting that “the emotional and psychological effects of these events on an entire generation of children will be severe”. The rights enshrined in the Convention, including the right of children to life, survival and development and to be protected from all forms of violence, “have been blatantly violated during this crisis”, the statement noted, also underlining that the Optional Protocol to the Convention on the involvement of children in armed conflict – to which Israel is a Party – condemned “the targeting of children in situations of armed conflict and direct attacks on objects protected under international law, including places that generally have a significant presence of children, such as schools and hospitals”.
In the final week of its session, on the afternoon of Thursday, 29 January, the Committee met informally with States parties and discussed a number of issues, including the Committee’s reporting backlog and the forthcoming return to the two-chamber working method to resolve it, the upcoming commemoration of the twentieth anniversary of the adoption of the Convention and the draft United Nations Guidelines on Alternative Parental Care.
At the end of its session, the Committee adopted a General Comment on indigenous children and their rights under the Convention, looking at the particular issues associated with these children who “continue to experience serious discrimination in a range of areas”, including in their access to health care and education. Among issues addressed in the Comment are particularly low incidences of birth registration for such children and particularly high incidences of mortality and vulnerability in armed conflict for indigenous children. This is the eleventh General Comment to be published by the Committee.
The Committee's next session will be held from 25 May to 12 June 2009 at Palais Wilson in Geneva. Scheduled for consideration are the reports of the Bangladesh, France, Mauritania, Niger, Sweden and Romania under the Convention. Oman and Slovenia will each present initial reports under both of the two Optional Protocols to the Convention.
Final Observations and Recommendations on Reports Presented Under the Convention on the Rights of the Child
Malawi
Following its consideration of the second periodic report of Malawi, the Committee noted with appreciation the adoption of legislation, national policies and plans aimed at promoting and protecting the rights of the child, including the Prevention of Domestic Violence Act and the National Plan of Action for Orphans and Other Vulnerable Children. The Committee also welcomed the ratification or accession to a number of international treaties, such as the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children to the United Nations Convention on Transnational Organized Crime, and the Rome Statute of the International Criminal Court. The Committee also acknowledged that widespread poverty and the HIV/AIDS pandemic confronting Malawi had, and continued to have, a negative impact on the situation of children and hampered further progress in the effective implementation of the rights enshrined in the Convention.
While welcoming progress made in reducing infant and child mortality rates and significant progress in increasing access to safe water and sanitation, the Committee remained concerned at the state of health of children in Malawi, including the very high level of malnutrition. It was also deeply concerned at the limited access, poor quality of health care facilities and critical shortage of health care personnel. The Committee was also concerned at the practice of female genital mutilation in some ethnic groups. It reiterated its concern at the increasing number of children living in the streets and the continued lack of specific policies and programmes to address the situation and assure the rights of these children, particularly to adequate housing, health, nutrition and education. In addition, the Committee was seriously concerned that some street children who needed care and attention were accommodated in reformatory institutions meant for children who came in conflict with the law.
The Committee recommended that Malawi ensure the ongoing independence of the Malawi Human Rights Commission in accordance with the Paris Principles and in particular that it increase its human and financial support in order to allow the Commission to carry out its mandate effectively. It also urged Malawi to continue and strengthen its efforts to eradicate all discriminatory laws and expedite the adoption of the Gender Equality Bill. With regard to education, Malawi should ensure that primary education was compulsory, free of direct and indirect costs and accessible to all children, including children living in rural and remote areas and should also take all measures to ensure that children completed their eight years of primary school, taking concrete action to address the reasons behind non-completion of schooling, including cultural traditions and poverty. The Committee also urged Malawi to take all measures to ensure the protection of children from trafficking and to bring perpetrators to justice.
Chad
Having reviewed the second periodic report of Chad, the Committee noted with appreciation the measures taken for the implementation of the children’s rights, such as the promulgation in 2002 of the law relating to the Promotion of Reproductive Health, which provided protection against female genital mutilation, early marriage, domestic violence and sexual violence. The Committee also noted with interest that a draft child protection code was being elaborated and took note of the project to harmonize the Penal Code with the Convention. It furthermore welcomed Chad’s ratification of the Optional Protocols to the Convention on the sale of children, child prostitution and child pornography and on the involvement of children in armed conflict. It also noted and deeply regretted the fact that years of civil war and armed conflict had had and continued to have a negative impact on the situation of children and hampered progress in the effective implementation of the rights enshrined in the Convention.
While noting the creation of the National Human Rights Commission and the role it played in defending human rights, the Committee nevertheless regretted that there was no ombudsman or independent national institution specialized in child rights. The Committee further regretted that the Draft Code on the Person and the Family set the minimum age for marriage at 18 for boys and 17 for girls, that legally set minimum ages for marriage were not respected and early marriages were widespread in Chad. The Committee also noted with concern reports that children in Koranic schools were often chained up because they were considered difficult or rebellious and that some children were forced to go out begging on behalf of their Mouhadjir, and were beaten if they did not bring back certain amounts of money. Of deep concern was that female genital mutilation remained very prevalent (45 per cent in total) in the society with the majority of girls being excised between the age of 5 and 14. a further concern was that 18,000 children below 14 years old were infected with HIV/AIDS and an estimated 96,000 children were AIDS orphans, most of whom received inadequate care and protection.
The Committee recommended that Chad expand its awareness-raising campaigns to reach populations outside of urban areas and urged it to strengthen its efforts to make the provisions of the Convention widely known and accepted by adults and children. The Committee also recommended that corporal punishment be explicitly prohibited by law in all settings, including in the family, in all forms of schools, alternative childcare and places of detention for juveniles, and that those laws were implemented effectively. The Committee urged Chad to take immediate and adequate measures to ensure observance of legislation setting the minimum age of 18 for recruitment into military forces and released underage fighters from its military, and to facilitate contact between armed groups operating in Chad and the United Nations in order to demobilize and prevent recruitment of children, particularly the practice of recruitment of children in refugee camps.
The Netherlands
Among follow-up measures undertaken and progress achieved following its review of the third periodic report of the Netherlands, which included reports by the Netherlands Antilles and Aruba, the Committee noted with appreciation the entry into force of new legislation, such as the Equal Treatment Act 2003, the Youth Care Act 2005 and the Childcare Act 2005. With regard to Aruba, it noted the establishment of a counselling and reporting centre on child abuse in August 2005, and the amendment of the Criminal Code of Aruba criminalizing the sale of children, child prostitution and child pornography. Also noted with appreciation was that the Netherlands had ratified or acceded to a number of international instruments that would have an affect on children and their rights, including the United Nations Convention Against Transnational Organized Crime, in 2004, and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, in 2005, as well as the European Framework Convention for the Protection of National Minorities, in 2005.
The Committee reiterated its concern that Aruba still had not introduced compulsory education and regretted that there was no action plan for children there. It was also concerned that there were no human rights institutions nor Ombudsmen for the Netherlands Antilles or Aruba. While welcoming allocation of extra resources for the identification and support of families and children at risk in the Netherlands, the Committee was concerned at the lack of resources in Aruba and the Netherlands Antilles, in particular for children with disabilities. Noting that corporal punishment in the home was not prohibited in Aruba, and that it was still being used at schools, daycare centres and at home in the Netherlands Antilles, the Committee recommended that the Netherlands prohibit corporal punishment by law, enforce the prohibition in all settings, and conduct awareness-raising campaigns and parenting education programmes to ensure that alternative forms of discipline were used. Further concerns were the lack of sufficient family-based services to ensure early intervention and prevention at the local level, and the time children and young persons were without adequate help. The Committee recommended that the Netherlands conduct comprehensive research on the reasons for the long waiting lists for children to receive services, and to involve the families more in preventing and resolving their problems. Moreover, youth care still focused largely on placing children in residential institutions, which also had long waiting lists, and there were frequent changes of placements, as well as a lack of a permanent social worker taking continuous care of children in need of care.
The Committee was also concerned about the high prevalence of child abuse in the Netherlands, and urged the Netherlands, inter alia, to establish mechanisms for monitoring the number of cases and the extent of violence, sexual abuse, neglect, maltreatment or exploitation and to ensure that professionals working with children received training on their obligation to report suspected cases. While appreciating the high number of asylum-seekers accepted in the Netherlands, the Committee was also concerned about the practice of detention of unaccompanied children and families with children, and that children continued to disappear from reception centres. Finally, the Committee was concerned at the lack of a comprehensive national strategy to prevent trafficking and sexual exploitation specifically of children and that the Netherlands considered that sexual exploitation of children was not a problem in Aruba. The Netherlands was recommended to strengthen its efforts to reduce and prevent the occurrence of sexual exploitation and trafficking of children and child sex tourism, through, inter alia, undertaking a comprehensive study and data collection; and training law enforcement officials, social workers and prosecutors on how to receive, monitor and investigate complaints in a child-sensitive manner.
Republic of Moldova
Following its consideration of the combined second and third periodic report of the Republic of Moldova, the Committee noted with appreciation the adoption of many legislative and other measures, including: the establishment in 2007 of the Ministry of Social Protection, Family and Child; the National Strategy on Child and Family Protection, which defined the priorities for child protection for the period 2003-2008; the establishment in 2005 of the Network of Healthcare Services for Adolescents; and the Strategy and National Action Plan of Education for All for the period 2004-2008. It also noted with appreciation that, since 2002, the Republic of Moldova had ratified or acceded to the two Optional Protocols to the International Covenant on Civil and Political Rights; the Optional Protocol to the Convention against Torture; the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women; and the United Nations Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.
The Committee was concerned that, despite legislative guarantees, the principle of non-discrimination was not fully respected in practice in the Republic of Moldova, and that children from socially disadvantaged families, children with disabilities, children with HIV/AIDS or children belonging to a different ethnic group or holding different religious views might face discrimination. Roma children, in particular, were still victims of discriminatory treatment and had reduced access to education, health and an adequate standard of living. The Committee recommended that information on infant mortality rates among the Roma be provided as a matter of urgency and were used as a basis for the designing and implementation of programmes to address that situation. Other concerns included the low number of prosecutions brought by the General Prosecutor’s Office in cases of torture or ill-treatment, the high poverty rate among children, and reports that corporal punishment was a common phenomenon at home and was frequently used to discipline children at school.
A serious concern was the large number of children placed in institutions, many of whom were not orphans. Children in those institutions were frequently neglected and ill-treated and were not provided with proper care and appropriate basic services. Among others, the Committee recommended that the Republic of Moldova develop programmes and policies to prevent the placement of children in institutions, including by providing support and guidance to the most vulnerable families, developing, funding and providing parent-training programmes for parents from vulnerable families and conducting awareness-raising campaigns. It also remained concerned that the abuse and neglect of children was widespread and that there was only one State centre for the protection of victims of abuse and neglect. The Committee urged the State party to reinforce monitoring of such cases; ensure that professionals working with abused children received appropriate training; and that it strengthen support for victims of abuse and neglect. Further areas of concern that were the subject of Committee recommendations included the persisting inadequacy of educational, social and health services for children with disabilities; increasing alcohol consumption and drug abuse among adolescents; high rates of teenage pregnancies and abortions; and the teenage suicide rate; increasing rates of sexually transmitted infections, including HIV/AIDS, and the lack of respect for confidentiality in relation to the HIV status of patients; a decreasing net enrolment rate and disproportionately low levels of education among Roma children; and the prevalence of trafficking of children, among others, for sexual and economic exploitation.
Democratic Republic of the Congo
Having considered the second periodic report of the Democratic Republic of the Congo, the Committee commended the frank and self-critical nature of the report. The Committee noted with appreciation the adoption of legislation providing protection for the rights of the child, including the Child Protection Code, the Law on sexual and the Labour Code, and welcomed the ratification by the Democratic Republic of the Congo of the Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and on the involvement of children in armed conflict, on 11 November 2001, as well as of the African Charter on the Rights and Welfare of the Child.
The Committee was deeply concerned that armed conflict had and continued to negatively impact the effective implementation of the rights of the child enshrined in the Convention. It was further concerned at the high level of poverty in the State party, which hampered the full enjoyment by children of their rights, led to several forms of exploitation and also increased vulnerability of certain groups of children. The Committee was also concerned that the enacted laws were not always followed by the issuance of appropriate decrees for implementation, that law enforcement mechanisms were weak and that no activities had been carried out to raise awareness of those laws, which were, consequently, not applied or implemented. It was deeply concerned that certain groups of children faced discrimination and marginalization, including children with disabilities, children accused of witchcraft, Batwa children, hidden children, demobilized child soldiers and internally displaced children, and that measures to implement legislation against discrimination had been insufficient. The Committee also expressed its concern at the persisting societal discrimination against girls.
The Committee urged the Democratic Republic of the Congo to take, as a matter of priority, all appropriate measures, including awareness raising activities, to expedite the effective implementation of the Child Protection Code and other legislative texts that provided protection for the rights of the child and to ensure adequate human and financial resources for their full implementation, and that it strengthen law enforcement mechanisms and training. It encouraged the adoption of a National Plan of Action on Children that addressed fully all of the rights of the child enshrined in the Convention. The Democratic Republic of the Congo was furthermore urged to prioritize and systematically increase budgetary allocations for children at national and local levels. The Democratic Republic of the Congo was asked to strengthen its collaboration with civil society and widen the scope of cooperation so as to ensure cooperation on a broad level in all areas related to the promotion and protection of the rights of the child. The Committee also encouraged the adoption of a comprehensive strategy to eliminate discrimination on any grounds and against all vulnerable groups.
Democratic People's Republic of Korea
Having considered the combined third and fourth reports of the Democratic People’s Republic of Korea, the Committee noted with appreciation the adoption of many administrative and other measures taken with a view to implementing the Convention, including the Primary Health Care Strategy, the Medicine Strategy and other sector-specific strategies for 2008-2012 with particular emphasis on healthcare of mothers and children; and the establishment of the Central Committee of the Korean Federation for the Protection of Persons with Disabilities, in July 2005, responsible for coordinating the implementation of the relevant State policy for children with disabilities, including social support.
While it noted the efforts undertaken to harmonize legislation in order to ensure greater consistency with the Convention, the Committee remained concerned about some aspects of domestic legislation remained inconsistent with the principles and provisions of the Convention, as well as at the absence of an independent body for filing complaints and monitoring the implementation of the Convention. The Committee was also concerned that budget allocations to the health and education sectors, while they had been increased, were insufficient to achieve the Millennium Development Goals related to health and education of children. A further concern was information received that children had been subjected to severe ill-treatment while in detention, including street children (kkotjebis), children who crossed the border without permission and other children taken into custody of the police or other state agencies. Also, while noting efforts to provide support to foster care families as an alternative to institutionalisation, the Committee was alarmed that that many of the children placed in residential care were in fact not orphans and that a large number of children were customarily placed in residential institutions due to the lack of effective gate-keeping mechanisms or care alternatives. In that connection, it reiterated its previous concern that triplets, for example, were automatically institutionalized and that parents were not offered alternative solutions that would allow them to raise these children at home. The Committee was furthermore concerned about the situation of children whose parents were detained.
The Committee recommended that the Democratic People's Republic of Korea continue to harmonize its legislation with the principles and provisions of the Convention and to strengthen the implementation of domestic legislation. Furthermore, it reiterated its previous recommendation that the State party should enact a comprehensive legislative act on the rights of children, with a view to ensuring that all children aged under 18 were fully protected. The Committee urged the Democratic People's Republic of Korea take the necessary measures to ensure that its complaint mechanisms were independent, easily accessible to and user-friendly for all children, to deal with complaints of violations of their rights and to provide remedies for such violations in a manner respectful of their right to privacy. It strongly recommended that budget allocations for the implementation of the rights recognized in the Convention be increased, to ensure a more balanced distribution of resources throughout the country and that budgetary allocations be prioritised to ensure implementation of the economic, social and cultural rights of all children, including those belonging to economically disadvantaged groups.
Final Observations and Recommendations on Reports Presented Under the Optional Protocol on the Involvement of Children in Armed Conflict
Republic of Moldova
Following its consideration of the initial report of the Republic of Moldova, the Committee noted with satisfaction that, according to Moldovan legislation children below 18 years of age could not participate in hostilities. It further welcomed the ratification by the Republic of Moldova of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, on 12 April 2007, and noted with appreciation the measures taken to foster dissemination of international humanitarian law.
The Committee was concerned that the dissemination of the Optional Protocol did not extend to all relevant persons and professional groups and, in particular, children. It was also concerned that children who had attained the age of 16 years were required to register for conscription at their respective local military authority and that that registration had the effect of conferring “recruit” status. Registration could submit recruits to unnecessary anxiety and exert undue pressure on them to join military schools. The Committee appreciated the dialogue with the Republic of Moldova regarding the control of small arms and military technology and noted the requirement for approvals and permits to ensure that small arms and military technology were not transferred to countries or armed groups who recruited or used children to participate in hostilities in violation of the Optional Protocol.
The Committee recommended, among other things, that the Republic of Moldova ensure that all relevant professional groups, in particular military personnel, were systematically trained on the provisions of the Convention and its Protocol on the involvement of children in armed conflict. The Republic of Moldova should consider reducing the period between registration and mandatory enlistment into the armed forces by deferring the registration process for as long as possible until persons became eligible for enlistment at the age of 18 years. The Committee further recommended that measures be taken to ensure that those responsible for controlling the sale of small arms and the transfer of military technology were made aware of the Optional Protocol and were guided, during the relevant decision-making processes, by its provisions.
Maldives
Following its review of Maldives’ initial report under this Optional Protocol, the Committee noted as positive the State party’s declaration upon ratification of the Protocol declaring 18 years as the minimum age for recruitment to the armed forces. The Committee also welcomed the reference to special protection of children in article 35 of the new Constitution adopted in August 2008.
While noting that section 12 of the Rules pertaining to the Maldivian Public Services prohibited recruitment of any person under 18 years into the national armed forces, the Committee regretted the lack of applicable sanctions and an explicit provision on criminalization of child recruitment in the Penal Code. The Committee also regretted that peace education was not included in the school curriculum and that no measures existed to identify asylum-seeking and refugee children who might have been recruited or used in hostilities.
The Committee recommended that Maldives ensured that the principles and provisions of the Protocol were widely disseminated to the general public and State officials and, in particular, that all members of its armed forces received training on the provisions of the Protocol. The Committee further recommended that it provided human rights education and, in particular, peace education for all children in school and trained teachers on promotion of these values in children's education. Also, in order to further strengthen international measures for the prevention of the recruitment of children and their use in hostilities, the Committee urged Maldives to revise the Penal Code and include a provision which criminalized violations of the provisions of the Optional Protocol regarding the recruitment and involvement of children in hostilities.
Tunisia
Having considered the initial report of Tunisia, the Committee welcomed that article 18 of the Child Protection Code of 1995 prohibited service of children in the armed forces as well as their involvement in armed conflict. It also welcomed that the age of compulsory recruitment was set at 20 years and that the minimum age for voluntary recruitment was 18 years. The Committee further welcomed Tunisia’s ratification of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography. Noted with appreciation also were the measures taken to foster a culture of human rights, including child rights, such as the establishment of a monitoring centre for information, training, documentation and studies relating to the protection of children’s rights and the holding of training courses in international humanitarian law within the Ministry of Defence.
The Committee was concerned that the lack of criminalization of recruitment or use of children in armed conflict might in practice constitute an obstacle to the extradition of offenders or to the exercise of extraterritorial jurisdiction of Tunisia in case of compulsory recruitment and/or use in hostilities of Tunisian children abroad or compulsory recruitment and/or use in hostilities of children committed at the hands of Tunisian citizens. The Committee was also concerned at the lack of an identification mechanism of unaccompanied migrant children or children migrating with their families who did not necessarily seek asylum, but might equally have been involved in hostilities abroad, and regretted that, if needed, recovery and reintegration programmes and services would not be available for them. It noted that Tunisia had legislation regulating the introduction, possession and sale of arms, but was concerned that there did not seem to be a provision in the legislation explicitly prohibiting the sale of arms, including small arms, to countries where children were known to be or may potentially be recruited or used in hostilities.
The Committee recommended that Tunisia, among other things, adopt and implement legislation criminalizing the recruitment and involvement of children in hostilities contrary to the Optional Protocol, and that it establish extraterritorial jurisdiction for those crimes when they were committed by or against a person who is a citizen of or has other links with the State Party. The Committee also recommended that Tunisia expressly prohibit within its legislation sale of arms, including small arms, to countries where children were known to be or might potentially be recruited or used in hostilities. It further encouraged Tunisia to strengthen cooperation for the implementation of the Protocol, including in the prevention of any activity contrary thereto and in the rehabilitation and social reintegration of victims.
Final Observations and Recommendations on Reports Under the Optional Protocol to the Convention on the Sale of Children, Child Prostitution and Child Pornography
The Netherlands
Among positive aspects following its review of the initial report of the Netherlands on the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, the Committee noted with appreciation the adoption of the National Action Plan to Combat Trafficking in Human Beings in 2004 and the support provided by the Netherlands to the various regional and international cooperation activities with other States with a view to preventing and combating the offences set out in the Protocol. The Committee also welcomed that amendments to the Criminal Code regarding sexual offences under the Protocol, which would eliminate the dual criminality requirement (for extraterritorial jurisdiction to apply to offenders) and that extradition was possible to all State parties to the Optional Protocol.
The Committee remained nevertheless concerned that the National Action Plan on trafficking did not make specific reference to the crimes under the Protocol, and that there was no comprehensive national strategy to prevent sale of children, child prostitution and child pornography. It was also concerned about the existence of child sex tourism involving Dutch nationals, and the lack of an adequate response. The Committee recommended that the Netherlands undertake measures to prevent sex tourism, in particular by earmarking additional funds for public campaigns. It should also strengthen cooperation with the tourism industry, non-governmental organizations and civil society organisations in order to promote responsible tourism.
A further concern was that domestic legislation did not criminalize the production or dissemination of materials advertising the sale of children, child prostitution or child pornography, and the Committee recommended that the Netherlands do so, as well as that it ratify the Convention on Cybercrime, which it had signed in 2001. Given concerns about the reception, supervision and provision of care to child victims, the Committee recommended that the Netherlands, inter alia, ensure specific shelter and care facilities for child victims of offences under the Protocol; improve the safety of the reception centres for unaccompanied foreign children; and enhance child rights knowledge and skills of professionals in shelters and care facilities.
Maldives
Among positive aspects in the initial report of Maldives under the optional protocol on the sale of children, child prostitution and child pornography, the Committee welcomed the reference to special protection of children the new Constitution adopted in August 2008. The Committee also noted efforts to develop a national database for registering violations and noted as positive the establishment of Social Protection Centres in different atolls. The Committee further welcomed the ongoing collaboration with civil society and encouraged Maldives to further strengthen such partnerships.
The Committee regretted the lack of human and financial resources for criminal investigations, legal assistance and the physical and psychological recovery and reintegration of victims of offences under the Protocol. It was concerned that Maldives was not taking sufficient measures to prevent child prostitution, as well as over information in the report regarding links between drug abuse and child prostitution. The Committee was furthermore concerned over the increasing rate of tourism and its potential links with child prostitution, as noted by Maldives during the dialogue. It was also concerned that children as young as 10 years old who had been victims of offences under the Protocol might be criminalized according to sharia law.
The Committee recommended that Maldives expedite the establishment of a national database in order to ensure that data relating to areas covered by the Protocol, disaggregated, inter alia by age, sex, minority group and origin, were systematically collected and analysed as they provided essential tools for measuring policy implementation. It also recommended that provisions of the Optional Protocol widely known, particularly to children, their families and communities. The Committee noted also that child victims should be protected at all stages of the criminal justice process and encouraged the State to allow the views, needs and concerns of child victims to be presented and considered in proceedings where their personal interests were affected; to use child-sensitive procedures to protect children from hardship during the justice process, including by the use of special interview rooms designed for children, child-sensitive methods of questioning; and by reducing the number of interviews, statements and hearings.
General Comment on Indigenous Children and their Rights under the Convention
The General Comment notes that indigenous children continue to experience serious discrimination in a range of areas, including in their access to health care and education. Based on its reviews of State parties’ reports, the Committee has observed that in implementing their obligations under the Convention. Many States parties give insufficient attention to the rights of indigenous children and to promotion of their development. The Committee considers that special measures through legislation and policies for the protection of indigenous children should be undertaken in consultation with the communities concerned.
The General Comment also notes that indigenous children have not always received the distinct consideration they deserve. In some cases, their particular situation has been obscured by other issues of broader concern to indigenous peoples (including land rights and political representation). The Committee reiterates that, in the case of children, the best interests of the child cannot be neglected or violated in preference for the best interests of the group. Also, when State authorities or legislative bodies seek to asses the best interests of an indigenous child, they should consider the cultural rights of the indigenous child and his or her need to exercise such rights collectively with members of their group.
The Committee is concerned that indigenous children, to a greater extent than non-indigenous children, remain without birth registration and at a higher risk of being statelessness, and says States parties should take special measures in order to ensure that indigenous children, including those living in remote areas, are duly registered. Indigenous children also frequently suffer poorer health than non-indigenous children due, inter alia, to inferior or inaccessible health services. The Committee urges States parties to take special measures to ensure that indigenous children are not discriminated against enjoying the highest attainable standard of health. Concerned over high rates of mortality among indigenous children, the Committee says States parties have a positive duty to ensure that indigenous children have equal access to health services and to combat malnutrition as well as infant, child and maternal mortality. Health care workers and medical staff from indigenous communities also play an important role by serving as a bridge between traditional medicine and conventional medical services and preference should be given to employment of local indigenous community workers.
Furthermore, indigenous children are particularly vulnerable in situations of armed conflict or in situations of internal unrest. Indigenous communities often reside in areas which are coveted for their natural resources or that, because of remoteness, serve as a base for non-state armed groups. In other situations, indigenous communities reside in the vicinity of borders or frontiers which are disputed by States. Indigenous children in such circumstances have been, and continue to face risks of being, victims of attacks against their communities, resulting in death, rape and torture, displacement, enforced disappearances, the witnessing of atrocities and the separation from parents and community. Targeting of schools by armed forces and groups has denied indigenous children access to education. Furthermore, indigenous children have been recruited by armed forces and groups and forced to commit atrocities, sometimes even against their own communities. The Committee also notes with grave concern that indigenous children are disproportionately affected by poverty and at particular risk of being used in child labour, especially its worst forms, such as slavery, bonded labour, child trafficking, including for domestic work, use in armed conflict, prostitution and hazardous work. Among others, the Committee says indigenous children who have been victims of recruitment in armed conflict should be provided with the necessary support services for reintegration into their families and communities. Indigenous children who have been displaced or become refugees should also be given special attention and humanitarian assistance in a culturally sensitive manner.
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