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COMMITTEE ON RIGHTS OF CHILD REVIEWS INITIAL REPORT OF SAO TOME AND PRINCIPE

25 May 2004

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Committee on the Rights of the Child

24 May 2004




The Committee on the Rights of the Child today reviewed the initial report of Sao Tome and Principe on how that country was giving effect to the provisions of the Convention on the Rights of the Child.

Introducing the report, Elsa Teixeira Pinto, the Minister of Justice, State Reform and Public Administration of Sao Tome and Principe, affirmed the Government’s commitment to the cause of children and its determination to do all it could to comply with the Convention. She recognized the contribution made by United Nations Children’s Fund (UNICEF) to the efforts of the Government towards the promotion and protection of children’s rights.

Ms. Pinto said that as the country fell ever deeper into poverty, it was repeatedly forced to seek loans and donations from abroad in order to invest in its economic and social infrastructure, with the result that an enormous external debt hampered the country in its efforts to regain economic health and sustained development. The decline in the socio-economic situation had had an impact on the living conditions of families in the country who faced problems of sanitation and access to drinking water owing to the deteriorating and obvious inadequacies of the supply system.

In preliminary remarks, Marilia Sardenberg, the Committee Expert who acted as country Rapporteur to the report of Sao Tome and Principe, praised the efforts of the Government to promote children’s rights. She said the State party should continue its efforts in collecting disaggregated data in all aspects with regard to the protection and promotion of children. As part of civil society, non-governmental organizations should be included in the Government’s efforts towards child rights. She said the country had no major problems with HIV/AIDS, street children and child labour; however, such problems become bigger if appropriate measures were not taken in time.

In the course of the discussion, other Committee Experts asked the delegation about such issues as the age of sexual consent; the implementation of the best interests of the child; the right to be heard and the handling of complaints; discrimination against the girl child; lack of resources for social needs of children; the age of child testimony; access to inappropriate information such as pornographic films which were harmful to children; birth registration with regard to remote islands; the status of the Convention vis-à-vis customary laws; the prohibition of corporal punishment in the family and schools; whether primary education was free and compulsory; the high rate of school non-attendance and repetiteurs; and the definition of orphan children, among other things.

The Committee will release its formal, written concluding observations and recommendations on the report of Sao Tome and Principe towards the end of its three-week session, which concludes on 4 June.

Also representing Sao Tome and Principe were representatives from the Ministry of Health, the Ministry of Justice, the Ministry of Foreign Affairs, and the Ministry of Education.

Sao Tome and Principle is among the 192 States parties to the Convention and as such it is obligated to present periodic reports to the Committee on its efforts to implement the provisions of the almost universal treaty.

When the Committee reconvenes at 10 a.m. on Tuesday, 25 May, it is scheduled to take up the initial report of Liberia (CRC/C/28/Add.21).

Report of Sao Tome and Principe

The initial report of Sao Tome and Principe (CRC/C/8/Add.49) contains details of measures taken by the State party to implement the provisions of the Convention on the Rights of the Child on an article-by-article basis. It says that administrative and legislative steps have been taken to fully incorporate the provisions of the Convention into domestic legislation. In the course of the 25 years that have passed since independence, awareness of the value of children’s rights and the importance of protecting them has grown. In the legal system, children are considered to be different from adults, with specific characteristics as subject by law. Family relationships are based on parental authority, which is vested in the parents and conceived as a fundamental right and a range of powers and responsibilities that are to be exercised in the interests of solidarity, cooperation and improved emotional ties between family members.

The report notes that since ratification of the Convention in 1991, the Government has repeatedly stated its commitment to the implementation of the treaty. In national legislation, the best interests of the child stand out clearly as the goal to be pursued by all who can contribute to children’s harmonious development. Despite the importance attached by the Government to the question of children’s rights, no supervisory institution has been established specifically to coordinate initiatives to implement the Convention. Such initiatives are undertaken by sectors, State agencies and non-governmental organizations working with social issues, which are very active and dynamic.

Concerning education, the report says that education has been an explicit priority of the Government since the earliest years of independence, but the reality of the situation does not reflect the statements of intent. With the introduction of a democratic system in 1991, a new Constitution was approved which established in its article 54 that education is a right recognized to all citizens; goals include the full development of all citizens and their active participation in the community, continuing education, and the elimination of illiteracy through a national system of compulsory free education.

Presentation of Report

ELSA TEIXIERA PINTO, Minster of Justice, State Reform and Public Administration of Sao Tome and Principe, said the Government was committed to the cause of children and was determined to do all it could to comply with the Convention. She recognized the contribution made by the United Nations Children’s Fund (UNICEF) to help the efforts of the Government towards the promotion and protection of children’s rights.

The State was composed of the two main islands of Sao Tome and Principe with a total population of approximately 140,000 inhabitants. Although most of the major difficulties surrounding the exercise of democracy and the establishment of democratic institutions had been overcome, there were still a number of constraints on the population’s active and direct participation in the democratic process.

Sao Tome and Principe was dependent on cocoa which was the only source of external income, Ms. Pinto said. As it fell ever deeper into poverty, the country was repeatedly forced to seek loans and donations from abroad in order to invest in an economic and social infrastructure, with the result that an enormous external debt hampered the country in its efforts to regain economic health and sustained development. Following the signature of a structural adjustment programme with the World Bank, the International Monetary Fund and the African Development Bank in 1987, various steps had been taken to deal with the problem of the external debt.

Ms. Pinto said the decline in the socio-economic situation has had an impact on the living conditions of families in the country who faced problems of sanitation and access to drinking water owing to the deteriorating and obvious inadequacies of the supply system.

The Minister indicated the existence of a National Committee for the Rights of Children whose special task was to coordinate and implement the provisions of the Convention in collaboration with the various government agencies. The Convention had been made more attractive to all persons through measures taken by the Government. Special programmes were being tailored to tackle problems of children. A law was being drafted on the full participation of non-governmental organizations in the implementation of the rights of the child.

A compulsory education system up to the age of 14 years had been introduced, integrating special modalities for the elimination of illiteracy, Ms. Pinto said. The Government was involved in the reform of education to assist school dropouts and repetiteurs. Also, a new basic law had been introduced to enhance vocational training programmes for youth.

Concerning the health situation, the Minister said the infant mortality rate under 5 had dropped since the 1980’s. Malaria and respiratory diseases were among the main causes of child death in the country. The Government had taken a series of measures to combat malaria with Sao Tome children being the main messengers in the overall fight against malaria in Africa. Access to health by the general public in an equitable manner had increased. A wide-ranging campaign of vaccination against malaria and other child-related diseases had taken place.

The fundamental rights of children had been incorporated in the country’s Constitution, Ms. Pinto said. The family was considered the place where children were raised and developed. A number of achievements had been reached in many fields. The campaign to register child births had resulted in the registration of many children. A second campaign on the same issue would be carried out this year.

Everything was not rosy in Sao Tome and Principe, Ms. Pinto said before concluding her statement. The drafting of domestic legislation should be a continuous process in order to attain a significant improvement in the situation of children. She appealed to UNICEF for its continued assistance in the efforts of the Government.

Questions by Committee Experts

MARILIA SARDENBERG, the Committee Expert who served as country Rapporteur to the report of Sao Tome and Principe, recalled that the young country became independent in 1975. The country had opted in 1991 for a multi-party democracy with the adoption of a new Constitution and free elections. Sixty-five per cent of the population was below the age of 19. The sharp fall in GDP had been marked since 1985 due to the fall in cocoa price in the world market.

Although new elections had taken place in the country, the general situation was marked by political instability, she said. The majority of people had no access to safe drinking water and other health care facilities. It was hoped that the wealth obtained from oil exploration and the development of tourist potential would improve the situation.

Sao Tome and Principe had acceded to the main international human rights instruments, but they had not been ratified. What was the situation at present with regard to the ratification of these treaties? She asked whether the State party had ratified the African Charter on the Rights of the Child. On the issue of coordination, she asked how the National Committee on Children’s Rights was working. There was a positive aspect in fixing the age of conscription, marriage and majority at 18; however, the age of marriage for boys and girls was not the same.

Ms. Sardenberg said there were a large number of families with absentee fathers and asked for the reason behind this. Some 35 per cent of child births were not registered. Since the Committee had no information on the issue of corporal punishment, the delegation should enlighten it on the issue.

Other Committee Experts raised questions on such issues as the age of sexual consent; the implementation of the best interests of the child; the right to be heard and the handling of complaints; discrimination against the girl child; lack of resources for social needs of children; allegations of corruption with regard to external donations; the age of child testimony; the involvement of associations defending children’s rights in Government work; access to inappropriate information such as pornographic films which were harmful to children; dissemination of the Convention; birth registration with regard to remote islands; the actual situation of the external debt; and the status of the Convention vis-à-vis customary laws.

Response by Delegation of Sao Tome and Principe

Responding to questions and comments by Committee Experts, the members of the delegation said that the role of the National Committee on the Rights of the Child was to disseminate the provisions of the Convention and to monitor that they were fully implemented throughout the country. The members of the Committee met every month to take decisions and to assess the implementation process.

Parents had to pay a small sum of money during the process of birth registration to enable them to obtain a birth certificate, the delegation said. Today, 24 May, the second phase of a nationwide campaign for birth registration would start.

On the issue of single mothers, the situation could be explained that some mothers opted to remain single after relationships, the delegation said. The rate of single mothers was estimated at 35 per cent. The Government had taken measures to assist single mothers to send their children to school and stop the children from dropping out.

For the past 10 years ago, due to the openness of the country to the outer world, fathers had migrated to find jobs in other countries; many of them started new families, leaving behind their old ones. That was another reason why there were many families headed by women.

Concerning reproductive health, the delegation said the Government targeted both sexes at the issue of health. The media was used to promote relevant information on the issue.

The African Charter for Rights of Children had been submitted to the National Assembly, the delegation said; unfortunately, it was still in the hands of the legislators and the Government was unable to ratify it. The ratification of other international human rights instruments was also on the Assembly’s agenda. The Convention on the Elimination of All Forms of Discrimination against Women had been ratified in June 2003.

Questions by Committee Experts

The Committee Experts continued to raise questions. An Expert said that the prohibition of marriage by the colonialist power had had its repercussions on the weak fabric of unions in the contemporary society of Sao Tome and Principe. She asked about the role of grandparents in raising children; the status of children with disabilities and their mainstreaming in the educational system; and the role and purpose of the various institutions dealing with the rights of children.

Another Expert said children with disabilities were excluded from the State party’s recommendations in the report. She asked about the efforts made to include those children in the society. Why did the good malaria control system fall apart? What was the rate of infant mortality? Many mothers delivered outside hospitals; what measures were taken to ensure their safe delivery? The nutritional system was a cause for concern; did the Government encourage breastfeeding? It seemed that the growth in alcoholic and drug consumption was a major problem; what measures were taken to tackle the problem? Did the Government collaborate with the United Nations Children’s Fund (UNICEF) in the provision of safe drinking water?

Other Committee Experts asked, among other things, about the educational standard of citizens; the prohibition of corporal punishment in the family and schools; whether primary education was free and compulsory; the high rate of school non-attendance and repetiteurs; the registration of marriages instead of a de facto recognition; the situation of street children; the extent of child labour; the percentage of the annual budget allocated to the promotion of children’s rights; the establishment of a more effective system of education; reactivation of training for teachers; the definition of orphan children; and the situation of pre-school programmes and the status of the teachers.

Response by Delegation

Responding, the delegation of Sao Tome and Principe said the Government was committed to fighting the vector of malaria. Beginning 2002, there had been a free distribution of chemically treated mosquito nets to the population. Malaria, chronic diarrhoea and respiratory diseases continued to affect children.

Traditional midwives played an important role in the promotion of access to maternity and infant care. A national funding system was being sought with partners in that field in addition to a law which was being prepared in order to promote the system.

The Government had laid down a strategy to train health personnel with outside partners, the delegation said. Cuba was among the partners that were helping the country to train medical personnel. The lack of personnel could also be attributed to the brain-drain phenomenon under which nationals migrated to work abroad.

In 2001, the rate of HIV/AIDS was one of the lowest, affecting only one per cent of the population, the delegation said. Since the population was only about 140,000 and the poor accounted for more than 53 per cent, the rate might seem to be low; however, the Government was taking preventive measures against the disease because of the growing inflow of tourists. HIV/AIDS was a concern to the Government and for that reason it had made it a priority in its health strategy.

The Government’s efforts to supply safe drinking water had been supported by UNICEF and other organizations, the delegation said. A large amount of money was being allocated for primary health care services.

Although there was no national strategy, abuse of alcohol and tobacco was prohibited, the delegation said. In some health and educational establishments, the consumption of alcoholic beverages was totally banned. Cigarette smoking was also banned in certain public institutions and discothèques.

The Government had a new programme to increase classrooms to accommodate more children and to increase the teaching hours which were at present quite short, the delegation said. Although the law provided for primary compulsory education until sixth grade, students were attending classes in shift systems that did not fully meet the requirements set forth in the educational system. Because of the lack of a school infrastructure, the teaching of higher education had not been expanded as desired.

With the oil money that the country would probably receive in 2007, Sao Tome and Principe might increase its capital spending in health and education, the delegation said. At present, oil exploitation was under way.

Suicide was a phenomenon attributed to love affairs which affected the age group between 20 and 50, the delegation said, adding that there were no incidents of suicide among children below 18 years of age.

Concerning children with disabilities, the delegation said that it was only recently that awareness had been drawn to this category of children. Currently, there was no law intended to protect children with disabilities. Non-governmental organizations had been active in the sector and had been engaged in providing training for children with disabilities. The Government had also started to focus its attention on the situation of such children.

In the event of divorce, the opinion of the child was taken into consideration by the judge concerning custody, the delegation said.

With regard to the role of grandparents, the delegation said that it was an accepted tradition that grandparents took care of children when their parents left to work abroad.

A study was being carried out with the view to providing assistance to victims of domestic violence, the delegation. The country was no exception to cases of domestic violence, and the Government was giving a legal dimension to tackling the problem.

Adoption was not common in the country and one could say that it was not known as such, the delegation said. Although children who lost one or both their parents were defined as orphans, it was common to place them with the nearest kin or somebody who was rich and pledged to educate them.

Corporal punishment was a legacy that was inherited from the colonial period, the delegation said. However, at present, it was totally banned from schools. In the family, it was not regarded as a common practice, although there were still cases. For example, in the rural areas, parents, particularly the mothers, still believed that they had the right to give a light slap to their children as a disciplinary measure.

Committee Experts continued to raise further questions, among other things, on child beggars; inter-country adoption; missing children; child labour; lack of structure for juvenile justice; the absence of rehabilitation centres for law offenders; the treatment of minors as adults in courts; different forms of institutional violence; and commercial sexual exploitation in connection to tourism.

Responding, the delegation said international adoption was not common in the country. Concerning street children, there were only about 50 street children which did not prompt any special measures. In Sao Tome, for example, one could not find children roaming in the streets after 10 o’clock.

On the issue of child labour, the delegation said it could only fight this phenomenon effectively with the implementation of strict compulsory education. The Government was taking the necessary measures to change the situation of child labour.

The Government had no knowledge of missing children, and it never heard of such an issue, the delegation said. The authorities would take the subject seriously and would take appropriate measures.

Preliminary Remarks

MARILIA SARDENBERG, the Committee Expert who served as country Rapporteur to the report of Sao Tome and Principe, thanked the delegation for its efforts in answering the Committee’s questions. She praised the State party for its efforts to promote children’s rights. She said she had the impression that the implementation of the Convention was aimed only at drafting legislation; but it should stress the implementation of those laws. The State party should continue its efforts in collecting disaggregated data in all aspects with regard to the protection and promotion of children. As part of civil society, non-governmental organizations should be included in the Government’s efforts towards child rights.

Ms. Sardenberg said the State party should try to overcome deficiencies in nutrition. She noted that the country had no major problems with HIV/AIDS, street children and child labour; however, such problems became bigger if appropriate measures were not taken in time. The State party had a good relationship with UNICEF; however, it was regrettable that other major United Nations agencies were not represented in the country.

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