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COMMITTEE ON RIGHTS OF CHILD CONSIDERS REPORT OF ANGOLA
27 September 2004
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Committee on the
Rights of the Child 27 September 2004
The Committee on the Rights of the Child today considered the initial report of Angola on that country’s efforts to implement the provisions of the Convention on the Rights of the Child.
Introducing the report was Ana Dias Lourenco, Minister of Planning of Angola, who said the situation for families and children had been exacerbated by the war in Angola which had destroyed the infrastructure and had resulted in major population movement; this had led to the delay in the implementation of Angola's measures to protect the rights of the child. The children of Angola constituted the largest group in the population and were the most marginalized and vulnerable in society. In the light of negative trends, the Minister said, the Government of Angola was committed to the rights and well being of its children, as had been reflected in the Constitution and other legal instruments.
In preliminary remarks, Committee Expert Lothar Friedrich Krappmann, who served as Rapporteur for the report of Angola, said that he could not give the delegation a summary of the conclusions yet, but they would include recommendations on how to address problems relating to discrimination, the girl child, disabled children, children involved in witchcraft, monetary allocations for children, registration of births, and the quality of education, among other issues. Some of the recommendations would encourage the Government to continue what it was doing, and others would ask it to ensure that some things no longer happened. He hoped the Government could make progress in the coming years when the aftermath of the terrible war had faded away. He also hoped that more financial means could be found and used for the implementation of child rights.
Other Committee Experts contributed to the debate by raising questions pertaining to resettlement efforts by the Government for returning Angolan refugees; birth registration; children accused of witchcraft; corporal punishment; the budget; the age of criminal responsibility and the legal age of marriage; the school feeding programme; and the quality of education.
The Committee will release its formal, written concluding observations and recommendations towards the end of its three-week session which will conclude on 1 October.
The delegation of Angola was made up of representatives of the Ministry of Planning, the Ministry of External Relations, the Ministry of Minors, the National Children’s Institute and the Angolan Permanent Mission to the United Nations Office at Geneva.
As one of the 192 States parties to the Convention, Angola is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes in public at 10 a.m. on Tuesday, 28 September, it is scheduled to take up the report of Antigua and Barbuda (CRC/C/28/Add.22).
Report of Angola
According to the report, contained in document CRC/C/3/Add.66, the principal norms relating to child protection and development and general principles are set out in the Constitution Act, the Family Code, the Civil Code, labour legislation and the Criminal Code. A number of laws conducive to the exercise of the rights of the child have been revised with a view to bringing their provisions into line with the Convention on the Rights of the Child. In order to take into account the increasing number of problems affecting children, a major effort was being made by the State to gather and publish information and statistics on the situation of children in Angola and trends during the second half of the 1990s. The end result was the multiple indicator survey conducted from 1996 to 2001 by the National Statistical Institute with the help of the United Nations Children’s Fund; the survey was an integral part of the Government’s commitment to achieving the Millennium Development Goals set in 2000 and at the special session of the General Assembly devoted to children in 2002.
During the past decade the Government’s efforts have been focused primarily on efforts to deal with the emergency situation and children’s vulnerability during the war in Angola. The main Government programmes are specifically aimed at providing assistance to children in emergency situations. Among the goals of the State’s economic and social programmes are education reform; the promotion and improvement of maternal and child health, with an emphasis on breastfeeding and expanded immunization; the prevention and treatment of childhood diseases; increased assistance to children with disabilities; the tracing and reunification of families of children who were separated from their parents; and the continuation of de-mining activities throughout the country.
The report states that injuries caused by war accidents or related to war, such as the explosion of mines, are responsible for 15 per cent of all disabilities in children. Mines alone account for three per cent of disabilities in children. Socio-economic conditions and the extreme poverty of a large part of the population are bringing about a resurgence of diseases that had almost been eradicated, such as tuberculosis and leprosy, which now affected about 30 per cent of all children. Moreover, emerging diseases, including polio, sleeping sickness and meningitis, also pose a growing threat and malaria is the main cause of child mortality and morbidity.
Introduction of Report
ANA DIAS LOURENCO, Minister of Planning of Angola, said today’s meeting was occurring at a time when the country was entering a second year of peace which would improve the prospects for children. The situation for families and children had been exacerbated by the war; the infrastructure had been destroyed and major population movements had led to the delay of measures to protect the rights of the child in Angola. The war had caused the internal displacement of one third of the population, which included a large number of women and children. As a result, there had been an increase in people living in urban areas and consequently additional pressure had been put on the State to provide basic social services.
In 2003, the Government began to implement a programme to improve and expand basic social services under the responsibility of local governments. There were also extended efforts to reintegrate over two million people in the country, Ms. Lourenco added. With the help of the international community, the Government had targeted the most vulnerable groups. Among other things, the landmines in the country had hampered the re-establishment of agriculture and stood in the way of many to return to their homes. The Government now had a huge foreign debt burden as a result of the demands of the war. In the face of these challenges the Government had had to work with minimal economic resources.
The children of Angola constituted the largest group in the population. The population between 0 and 18 constituted 58 per cent of the population. In addition, this group was the most marginalized and vulnerable in society. The war had had the most harmful effects on children, the head of the delegation said. Protection, which barely existed during the war, meant that many children had been denied the right to be treated as children. Psychological and physical marks had also affected children.
The level of vaccination was very low in Angola, Ms. Lourenco said. There was a high level of infant mortality; 150 per one thousand for children under one and 250 per one thousand for those under five years. Under nourishment was also a problem. Moreover, some two million children suffered emotional and physical deprivation and 940,000 were living at risk in general. Large numbers of children were separated from their families and some 25 per cent of children of school age were outside of the educational system. Moreover, clean drinking water and sanitation were not yet available to all children and there was a high level of HIV/AIDS affecting children. Child labour was also a rising concern.
In light of these negative trends, the Minister said, the Government of Angola was committed to the rights and well being of its children, as had been reflected in the Constitution and other legal instruments. The Government had ratified all international instruments dealing with the rights of the child and had developed a number of policies in different areas to improve the situation of children. The draft of a new Constitution was being discussed which, among other things, aimed to provide for an increase in rights and the protection of children. The Penal Code was currently being amended and was being brought into line with the new definitions of crimes, including sexual exploitation, the use of children in selling drugs and pornography and the trafficking of children. There had also been an increase in the State’s budget for social programmes. The implementation of the programme "Education for All" sought to eliminate illiteracy and improve gender equality.
On the health sector, Ms. Lourenco noted that family planning services had focused on family health and childhood diseases. The Government had improved its programmes on health education and had been training specialists in the area of child and maternal health. The Government intended to expand services for infants as well. There was also a programme to locate family reunification and to provide care for young mothers.
Concerning juvenile justice, the State was planning to expand its legal education programmes to ensure that the rights of citizens, including the rights of the child, were respected. Angola intended to improve the system of the implementation of laws.
Following the ratification of the Convention, the Government had set up a public institution with the purpose of carrying out studies on problems affecting children which sought to draw links with already existing programmes in the country. In June this year, Angola had held a National Forum aiming to establish a national council for children involving the Government and civil society.
In conclusion, the Government would be taking additional steps to guarantee all rights for children. The Government recognized the value of partnerships with the international community, in particular the United Nations agencies.
Questions Raised by Experts
LOTHAR FRIEDRICH KRAPPMANN, the Committee Expert serving as Rapporteur for the report of Angola, said the Committee was aware that Angola was still problem-ridden, although the Luanda Peace Agreement had ended one of the longest civil wars in history in 2002. In the view of the Committee, the implementation of child rights was an essential element to achieve internal reconciliation, democracy and wealth. About 60 per cent of the population was under 18, which denoted about eight million children below the age of 18. During the war the country had lost several hundred thousand men, women and children, even more were wounded, had lost limbs, their sight, their mental health, and their life prospects; about four million were displaced, hundreds of thousands had fled the country to find security elsewhere, Mr. Krappmann added.
The Rapporteur noted that there were over 100,000 children separated from their parents; more than 100,000 orphaned due to the war and HIV/AIDS; there were up to one million children and parents displaced by the war, many still lacking protection; there were physically and psychologically traumatized former child soldiers, and still many were not demobilized and rehabilitated; there were children living in extreme poverty and there were children who had no access to clean drinking water or sanitation. Moreover, one out of four children died before the age of five and about half of the children in Angola only entered primary education. There were also problems which had emerged today that were not visible during the war, such as severe mistreatment of children and juvenile delinquency.
While noting that Angola had joined the African Peer Review Mechanism (APRM), an initiative of the African Union that called for acceding States to manage their budget for social services, the Rapporteur asked why there was so little money available for resettlement, housing and sanitation, health services and education. Mr. Krappmann asked for comments on the Government’s expenditure on health and education in the context of the Southern African Development Community (SADC), stating that Angola had spent only a fraction of the sum for health and education that was on average spent by members of the SADC.
Mr. Krappmann referred to the Government’s claim that a review of national legislation was needed and that the integration of children’s rights in the new Constitution had to be well prepared, as stated in the report. He asked if this process was underway and to which extent were those who were revising the laws aware of the stipulations of the Convention. The Rapporteur also pointed out that the reference expressed in the Convention on social and educational measures did not seem to be reflected in the consideration of the law drafters. He also asked whether there were mechanisms that ascertained that the provisions of the Convention were taken into account on all occasions where children’s rights were touched.
Mr. Krapmann also asked whether young people’s public claims to improve life conditions were distinguished from penal violations of order by police and law enforcement officials. After referring to the National Children’s Institute, he asked who in the Government was responsible for monitoring the implementation of the Convention and whether the State party planned to establish a national human rights institution and an ombudsman for children. Mr. Krappmann also asked whether the Government planned to adopt a national plan that set priorities for child rights and in response to the outcome document of the 2002 United Nations Special Session on Children “A World Fit for Children”.
Lastly, the Rapporteur asked which obstacles were presented by the traditional and customary cultures to the implementation of child rights and how cultural traditions and a child rights perspective could be united. The Rapporteur was also interested in receiving additional information on the State party’s national education plan and asked whether there were any State programmes for children out of school.
Other Experts raised questions pertaining to resettlement efforts by the Government; the privacy of children and the media; birth registration; ethnic minorities; children being accused of witchcraft; corporal punishment; the budget; the National Council of Children; the role of the Ministry of Planning for devising a budget to benefit children; the age of criminal responsibility and the legal age of marriage; child labour; and child soldiers. A member of the Committee also asked whether the Government intended to establish a National Action Plan that took into consideration all the rights of children. Another Expert asked what State programmes existed for children with disabilities given the large number of children afflicted by landmine-related injuries and polio.
Response by Delegation
The delegation stressed the difficulties encountered by the Government during the war which still persisted. Among them was the unavailability of regular statistics that met the Committee’s requirements. This was largely due to a lack of sufficient, properly trained staff. In 2000, the Government engaged in a project to reprocess national statistics and a new law was adopted as were rules and mechanisms to govern the functioning of this new integrated national statistics programme. There was a national institute for statistics which in 2002 began its programme on medium and long-term statistical collections together with international partners, which provided for major strengthening of the national capacity for data collection. As a result, the Government was now able to commit to a regular submission of reports within the deadlines established by the Convention.
The Constitutional review process in Angola, which began in 2001, was undertaken by a Commission of the National Constitution Assembly; a group of experts was attached to it from the various parties represented in the National Assembly. The draft constitution which had been drafted was based on a human rights approach taking into consideration the rights of the child. The members of the Commission paid particular attention to fundamental laws arising out of the Convention on the Rights of the Child and other instruments to which Angola was a party.
As for mechanisms for the implementation for the Convention, the Government still had no independent body with overall responsibility for monitoring human rights but there was a Human Rights Unit within the Ministry of Justice and in each province in the county there was a provincial human rights commission in which different entities were represented by local Government bodies, non-governmental organizations, churches and United Nations representatives. There was also a human rights commission to receive complaints of citizens attached to the National Human Rights Assembly. Moreover, there were non-governmental organizations in the country which followed up on the implementation of human rights in the country. International human rights institutions also had a presence in country, such as Amnesty International.
On the questions on the budget, the delegation stated that the country had great potential wealth but was not yet wealthy. According to a recent survey, 68 per cent of the population lived in poverty and 24 per cent in absolute poverty (less than one dollar a day). Although the Government had revenues from oil, the delegation noted that oil was a vulnerable resource. Very little of these oil resources were channelled in to meet the primary needs of the State which included social services to improve the quality of life of citizens. The Government had had to seek outside financing as a result of the war. War had been put up as collateral, so now there was a debt of nearly $ 10 billion. Debt payment absorbed some 50 per cent of the national budget. Among the priorities of the Government was its social agenda. Steps had been taken in recent years to allocate increased resources to the social sector.
There was an upward trend that showed the Government’s commitment to spending for children, in terms of education, health and social welfare projects. The Government had not yet reached its intended targets. It had been able to cover heavy costs incurred after the peace agreement intended to guarantee stability and peace in Angola. As a result, efforts had had to be made to achieve reintegration of some four million displaced persons. Measures also were taken to allow for integration of the society as a whole. The Government had allocated $ 200 million for its integration efforts. Poverty alleviation programmes had also been implemented in Angola.
Questions Raised by Experts
Experts asked about whether the Government had long-term strategies for children and what was the time framework for their implementation; if there was a school feeding programme; what sports activities were organized by the Government; institutions for orphans and for young offenders; the lack of provisions provided for some 23,000 Angolan refugees who had returned spontaneously to Angola from the Democratic Republic of the Congo between 2002 and 2004; the quality of education as there was reportedly an average of 64 children per class and teachers taught two or three shifts of classes daily; plans to increase the number of teachers and to improve their training; and cases of sexual exploitation.
Response by Delegation
In response to a question on registration of births, the delegation said that the Government had launched a campaign to register births free of charge for minors and adolescents up to the age of 17 in 1998. Some 658,000 children had been registered. The second part of the campaign had been launched in 2000 and 2.2 million children and adolescents had been registered for free. Many children who were living in areas previously not under the control of the Government had been included in the second phase. In parallel to these campaigns, there was the ordinary system of birth registration which was not free. Parents should register the child at birth and there was a small symbolic charge of about $ 3.5 to meet costs and pay salaries.
Concerning questions on the age of criminal responsibility, the delegation said that children up to 16 years of age incurred no criminal responsibility. There was civil responsibility which could fall on the parents or the guardians. From the age of 17 to 21, Angolan legislation provided that these persons were not fully criminally responsible for their actions. They only had partial criminal responsibility, and any punishment had to take this into account. The Juvenile Court, which started functioning in 2003, decreed socio-educational measures for persons within this age group, and compliance with them was overseen by this court. A new Constitution was presently being prepared and it was based on the most modern and humane ideals. It promoted and protected fundamental human rights and provided constitutional guarantees.
With regards to the minimum age of marriage, the delegation said that a girl of 14 and a boy of 16 could marry only if they had parental consent, because they were considered minors. Either the family council or the courts could decide on this situation. Customary law co-existed with positive law and its application did not constitute any breach of positive law or the Constitution. In the case of a contested divorce, the court ruled with the best interest of the child in mind.
With regards to discrimination, the delegation said that in a country like Angola, which was coming out of a long conflict, it was obvious that there would be situations of discrimination against children, particularly against the girl child. This discrimination might be attributed to many reasons, including if the child had a natural disability, if the child had been disabled during the war, if she had contracted a disease, or if she had been a child soldier. The Government endeavoured to protect such children under the guidance of the Ministry of Social Welfare and the Institute of the Child which had introduced the national programme of rehabilitation to care for these children. After the memorandum of understanding was implemented, the Government had demobilized the majority of child soldiers and had decided not to register soldiers under the age of 18 years. Many were returned to their families.
Concerning reports on children involved in witchcraft, the delegation said that
the Government had begun to identify this phenomenon at the end of the 1990s. This might be due to the influence of religious sects which moved to Angola from neighbouring countries. The conflict situation, poverty and illiteracy had also contributed to the spread of such practices. The Government and the provincial authorities were assisting any such children when they were identified.
In response to a question on education, the delegation said that the current "Education for All" plan had been launched this year and the aim was to increase school attendance by 60 per cent by the year 2015 and to build 44,000 new school rooms. The Government had allocated funds for this programme, but they were insufficient; it also had support from the United Nations Children's Fund and from traditional donors. The first phase of the reform of the educational system had taken place from 2000 to 2002, and the second phase was from 2002 to 2006. Following the second phase, the Government estimated that it would be able to move to the consolidation phase between 2006 to 2015. The first six years of primary school were free. There were some school administrators who were engaged in illegally levying charges and this was clandestine and the Government was taking steps to stop it. At the same time, there were other charges levied with the agreement of the Ministry of Education which were symbolic and their purpose was to help the school administration preserve and maintain the schools. The Government had a teacher training college, training programmes, as well as a higher institute for educational science which trained teachers at higher levels.
School meal programmes had been introduced in some provinces to cover some 200,000 children with the help of the World Food Programme. These school meals did not exist around the country, but continued in two provinces. The programme in a third province was not functioning this school year.
Answering other questions, the delegation said there were no figures for children taking drugs or children who were being trafficked. Some street children inhaled petrol or took medicines and the Government, in collaboration with social entities working in this area, ran rehabilitation centres to reform these children and to provide them with vocational training so that they could fit into the labour market.
Asked about the health sector, the delegation said the Government had decided that the people should make a symbolic contribution to their medical treatment. The decree in question was not implemented totally because the poorest persons were not asked to contribute and were provided with medical care. Also, as in the educational sector, some professionals illegally asked people for money and the Government punished them when they were identified. Awareness-raising campaigns had been conducted to put a stop to such practices and also to stop the sale of medication on the informal market.
Concerning the infant mortality rate, malaria was one of the main causes of morbidity and mortality in Angola. The Government encouraged people to use treated mosquito nets to combat malaria. Also, a five-year programme to fight the disease was currently being drafted. With regards to pre-natal care, the Government's main challenge was to create a pre-natal care network which covered the whole country. The Government also hoped to enlarge its vaccination programme and to widen the polio vaccination programme. It hoped to eradicate polio by 2005. As for breastfeeding, 14 per cent of mothers exclusively breast fed their children. More than 70 per cent of mothers provided breast feeding in addition to other outside milk or food. The Government provided 90 days of maternity leave and allowed for time for mothers who had returned to work to breastfeed children for up to two years.
A national Commission had been set up by the Government to combat HIV/AIDS which was led by the President of Angola. There was also a national strategy to combat the pandemic. There were awareness-raising programmes as well as other programmes which provided treatment. There was free access to generic anti-retroviral drugs.
The delegation said Angola was on a learning turf in terms of implementing democracy directly and fully. It had a medium term objective to further build on the results of its programme for children. However, after 41 years of civil war, the main infrastructure had been destroyed and the Government was not so unrealistic to expect immediate results after only two years. The needs and challenges facing the Government were enormous.
With regards to the refugees who had been returning spontaneously across the long border of Angola. When they returned and were registered by the competent authorities, the Government provided them with kits, a hectare of land and tools to work it. He hoped that by 2006 the Government would be able to ensure clean water and sanitation as well as electricity to all the main towns and provincial capitals as well as to repair the road network and ensure communication between the main centres.
Concerning children who had been separated from their parents because of the armed conflict, they were part of a Government programme to care for them while trying to unify them with their families. Sometimes, children were placed with foster families, and other times with State institutions or orphanages. National and international non-governmental organizations participated in the Government's efforts to improve the quality of life for these children. Children with disabilities were provided with rehabilitation programmes to help their integration in society.
In response to a question, the delegation said violence against children, whether in the family or school or in institutions or by the police, was punishable by law. This included physical, sexual and psychological violence. The current criminal code spelt out the punishment for such acts. The criminal code was currently being reformed. Children had various options to complain about violence against them, including SOS programmes, schools, community centres, the police or the existing councils for the protection of children.
Preliminary Remarks
LOTHAR FRIEDRICH KRAPPMANN, the Committee Expert serving as Rapporteur for the report of Angola, said in preliminary remarks that today's dialogue had been intended to better understand the highly complex situation in Angola, which was a remarkable country. It was obvious that the quality of children's rights was fundamentally linked to other issues which had caused the Committee Experts to ask about oil revenues and accountability in addition to its normal questions. He thanked the delegation for the additional information its members had provided and for their assessment of the problems. The Committee would take into account all that when it elaborated its concluding observations. He could not give the delegation a summary of the conclusions yet, but they would include recommendations on how to address problems relating to discrimination, the girl child, disabled children, children involved in witchcraft, monetary allocations for children, registration of births, and the quality of education, among other issues. Some of the recommendations would encourage the Government to continue what it was doing, and others would ask it to ensure that some things no longer happened. He hoped the Government could make progress in the coming years when the aftermath of the terrible war had faded away. He hoped that more financial means could be found and used for the implementation of child rights. Also, international cooperation was important and the Committee offered its cooperation.
* *** *
Rights of the Child 27 September 2004
The Committee on the Rights of the Child today considered the initial report of Angola on that country’s efforts to implement the provisions of the Convention on the Rights of the Child.
Introducing the report was Ana Dias Lourenco, Minister of Planning of Angola, who said the situation for families and children had been exacerbated by the war in Angola which had destroyed the infrastructure and had resulted in major population movement; this had led to the delay in the implementation of Angola's measures to protect the rights of the child. The children of Angola constituted the largest group in the population and were the most marginalized and vulnerable in society. In the light of negative trends, the Minister said, the Government of Angola was committed to the rights and well being of its children, as had been reflected in the Constitution and other legal instruments.
In preliminary remarks, Committee Expert Lothar Friedrich Krappmann, who served as Rapporteur for the report of Angola, said that he could not give the delegation a summary of the conclusions yet, but they would include recommendations on how to address problems relating to discrimination, the girl child, disabled children, children involved in witchcraft, monetary allocations for children, registration of births, and the quality of education, among other issues. Some of the recommendations would encourage the Government to continue what it was doing, and others would ask it to ensure that some things no longer happened. He hoped the Government could make progress in the coming years when the aftermath of the terrible war had faded away. He also hoped that more financial means could be found and used for the implementation of child rights.
Other Committee Experts contributed to the debate by raising questions pertaining to resettlement efforts by the Government for returning Angolan refugees; birth registration; children accused of witchcraft; corporal punishment; the budget; the age of criminal responsibility and the legal age of marriage; the school feeding programme; and the quality of education.
The Committee will release its formal, written concluding observations and recommendations towards the end of its three-week session which will conclude on 1 October.
The delegation of Angola was made up of representatives of the Ministry of Planning, the Ministry of External Relations, the Ministry of Minors, the National Children’s Institute and the Angolan Permanent Mission to the United Nations Office at Geneva.
As one of the 192 States parties to the Convention, Angola is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes in public at 10 a.m. on Tuesday, 28 September, it is scheduled to take up the report of Antigua and Barbuda (CRC/C/28/Add.22).
Report of Angola
According to the report, contained in document CRC/C/3/Add.66, the principal norms relating to child protection and development and general principles are set out in the Constitution Act, the Family Code, the Civil Code, labour legislation and the Criminal Code. A number of laws conducive to the exercise of the rights of the child have been revised with a view to bringing their provisions into line with the Convention on the Rights of the Child. In order to take into account the increasing number of problems affecting children, a major effort was being made by the State to gather and publish information and statistics on the situation of children in Angola and trends during the second half of the 1990s. The end result was the multiple indicator survey conducted from 1996 to 2001 by the National Statistical Institute with the help of the United Nations Children’s Fund; the survey was an integral part of the Government’s commitment to achieving the Millennium Development Goals set in 2000 and at the special session of the General Assembly devoted to children in 2002.
During the past decade the Government’s efforts have been focused primarily on efforts to deal with the emergency situation and children’s vulnerability during the war in Angola. The main Government programmes are specifically aimed at providing assistance to children in emergency situations. Among the goals of the State’s economic and social programmes are education reform; the promotion and improvement of maternal and child health, with an emphasis on breastfeeding and expanded immunization; the prevention and treatment of childhood diseases; increased assistance to children with disabilities; the tracing and reunification of families of children who were separated from their parents; and the continuation of de-mining activities throughout the country.
The report states that injuries caused by war accidents or related to war, such as the explosion of mines, are responsible for 15 per cent of all disabilities in children. Mines alone account for three per cent of disabilities in children. Socio-economic conditions and the extreme poverty of a large part of the population are bringing about a resurgence of diseases that had almost been eradicated, such as tuberculosis and leprosy, which now affected about 30 per cent of all children. Moreover, emerging diseases, including polio, sleeping sickness and meningitis, also pose a growing threat and malaria is the main cause of child mortality and morbidity.
Introduction of Report
ANA DIAS LOURENCO, Minister of Planning of Angola, said today’s meeting was occurring at a time when the country was entering a second year of peace which would improve the prospects for children. The situation for families and children had been exacerbated by the war; the infrastructure had been destroyed and major population movements had led to the delay of measures to protect the rights of the child in Angola. The war had caused the internal displacement of one third of the population, which included a large number of women and children. As a result, there had been an increase in people living in urban areas and consequently additional pressure had been put on the State to provide basic social services.
In 2003, the Government began to implement a programme to improve and expand basic social services under the responsibility of local governments. There were also extended efforts to reintegrate over two million people in the country, Ms. Lourenco added. With the help of the international community, the Government had targeted the most vulnerable groups. Among other things, the landmines in the country had hampered the re-establishment of agriculture and stood in the way of many to return to their homes. The Government now had a huge foreign debt burden as a result of the demands of the war. In the face of these challenges the Government had had to work with minimal economic resources.
The children of Angola constituted the largest group in the population. The population between 0 and 18 constituted 58 per cent of the population. In addition, this group was the most marginalized and vulnerable in society. The war had had the most harmful effects on children, the head of the delegation said. Protection, which barely existed during the war, meant that many children had been denied the right to be treated as children. Psychological and physical marks had also affected children.
The level of vaccination was very low in Angola, Ms. Lourenco said. There was a high level of infant mortality; 150 per one thousand for children under one and 250 per one thousand for those under five years. Under nourishment was also a problem. Moreover, some two million children suffered emotional and physical deprivation and 940,000 were living at risk in general. Large numbers of children were separated from their families and some 25 per cent of children of school age were outside of the educational system. Moreover, clean drinking water and sanitation were not yet available to all children and there was a high level of HIV/AIDS affecting children. Child labour was also a rising concern.
In light of these negative trends, the Minister said, the Government of Angola was committed to the rights and well being of its children, as had been reflected in the Constitution and other legal instruments. The Government had ratified all international instruments dealing with the rights of the child and had developed a number of policies in different areas to improve the situation of children. The draft of a new Constitution was being discussed which, among other things, aimed to provide for an increase in rights and the protection of children. The Penal Code was currently being amended and was being brought into line with the new definitions of crimes, including sexual exploitation, the use of children in selling drugs and pornography and the trafficking of children. There had also been an increase in the State’s budget for social programmes. The implementation of the programme "Education for All" sought to eliminate illiteracy and improve gender equality.
On the health sector, Ms. Lourenco noted that family planning services had focused on family health and childhood diseases. The Government had improved its programmes on health education and had been training specialists in the area of child and maternal health. The Government intended to expand services for infants as well. There was also a programme to locate family reunification and to provide care for young mothers.
Concerning juvenile justice, the State was planning to expand its legal education programmes to ensure that the rights of citizens, including the rights of the child, were respected. Angola intended to improve the system of the implementation of laws.
Following the ratification of the Convention, the Government had set up a public institution with the purpose of carrying out studies on problems affecting children which sought to draw links with already existing programmes in the country. In June this year, Angola had held a National Forum aiming to establish a national council for children involving the Government and civil society.
In conclusion, the Government would be taking additional steps to guarantee all rights for children. The Government recognized the value of partnerships with the international community, in particular the United Nations agencies.
Questions Raised by Experts
LOTHAR FRIEDRICH KRAPPMANN, the Committee Expert serving as Rapporteur for the report of Angola, said the Committee was aware that Angola was still problem-ridden, although the Luanda Peace Agreement had ended one of the longest civil wars in history in 2002. In the view of the Committee, the implementation of child rights was an essential element to achieve internal reconciliation, democracy and wealth. About 60 per cent of the population was under 18, which denoted about eight million children below the age of 18. During the war the country had lost several hundred thousand men, women and children, even more were wounded, had lost limbs, their sight, their mental health, and their life prospects; about four million were displaced, hundreds of thousands had fled the country to find security elsewhere, Mr. Krappmann added.
The Rapporteur noted that there were over 100,000 children separated from their parents; more than 100,000 orphaned due to the war and HIV/AIDS; there were up to one million children and parents displaced by the war, many still lacking protection; there were physically and psychologically traumatized former child soldiers, and still many were not demobilized and rehabilitated; there were children living in extreme poverty and there were children who had no access to clean drinking water or sanitation. Moreover, one out of four children died before the age of five and about half of the children in Angola only entered primary education. There were also problems which had emerged today that were not visible during the war, such as severe mistreatment of children and juvenile delinquency.
While noting that Angola had joined the African Peer Review Mechanism (APRM), an initiative of the African Union that called for acceding States to manage their budget for social services, the Rapporteur asked why there was so little money available for resettlement, housing and sanitation, health services and education. Mr. Krappmann asked for comments on the Government’s expenditure on health and education in the context of the Southern African Development Community (SADC), stating that Angola had spent only a fraction of the sum for health and education that was on average spent by members of the SADC.
Mr. Krappmann referred to the Government’s claim that a review of national legislation was needed and that the integration of children’s rights in the new Constitution had to be well prepared, as stated in the report. He asked if this process was underway and to which extent were those who were revising the laws aware of the stipulations of the Convention. The Rapporteur also pointed out that the reference expressed in the Convention on social and educational measures did not seem to be reflected in the consideration of the law drafters. He also asked whether there were mechanisms that ascertained that the provisions of the Convention were taken into account on all occasions where children’s rights were touched.
Mr. Krapmann also asked whether young people’s public claims to improve life conditions were distinguished from penal violations of order by police and law enforcement officials. After referring to the National Children’s Institute, he asked who in the Government was responsible for monitoring the implementation of the Convention and whether the State party planned to establish a national human rights institution and an ombudsman for children. Mr. Krappmann also asked whether the Government planned to adopt a national plan that set priorities for child rights and in response to the outcome document of the 2002 United Nations Special Session on Children “A World Fit for Children”.
Lastly, the Rapporteur asked which obstacles were presented by the traditional and customary cultures to the implementation of child rights and how cultural traditions and a child rights perspective could be united. The Rapporteur was also interested in receiving additional information on the State party’s national education plan and asked whether there were any State programmes for children out of school.
Other Experts raised questions pertaining to resettlement efforts by the Government; the privacy of children and the media; birth registration; ethnic minorities; children being accused of witchcraft; corporal punishment; the budget; the National Council of Children; the role of the Ministry of Planning for devising a budget to benefit children; the age of criminal responsibility and the legal age of marriage; child labour; and child soldiers. A member of the Committee also asked whether the Government intended to establish a National Action Plan that took into consideration all the rights of children. Another Expert asked what State programmes existed for children with disabilities given the large number of children afflicted by landmine-related injuries and polio.
Response by Delegation
The delegation stressed the difficulties encountered by the Government during the war which still persisted. Among them was the unavailability of regular statistics that met the Committee’s requirements. This was largely due to a lack of sufficient, properly trained staff. In 2000, the Government engaged in a project to reprocess national statistics and a new law was adopted as were rules and mechanisms to govern the functioning of this new integrated national statistics programme. There was a national institute for statistics which in 2002 began its programme on medium and long-term statistical collections together with international partners, which provided for major strengthening of the national capacity for data collection. As a result, the Government was now able to commit to a regular submission of reports within the deadlines established by the Convention.
The Constitutional review process in Angola, which began in 2001, was undertaken by a Commission of the National Constitution Assembly; a group of experts was attached to it from the various parties represented in the National Assembly. The draft constitution which had been drafted was based on a human rights approach taking into consideration the rights of the child. The members of the Commission paid particular attention to fundamental laws arising out of the Convention on the Rights of the Child and other instruments to which Angola was a party.
As for mechanisms for the implementation for the Convention, the Government still had no independent body with overall responsibility for monitoring human rights but there was a Human Rights Unit within the Ministry of Justice and in each province in the county there was a provincial human rights commission in which different entities were represented by local Government bodies, non-governmental organizations, churches and United Nations representatives. There was also a human rights commission to receive complaints of citizens attached to the National Human Rights Assembly. Moreover, there were non-governmental organizations in the country which followed up on the implementation of human rights in the country. International human rights institutions also had a presence in country, such as Amnesty International.
On the questions on the budget, the delegation stated that the country had great potential wealth but was not yet wealthy. According to a recent survey, 68 per cent of the population lived in poverty and 24 per cent in absolute poverty (less than one dollar a day). Although the Government had revenues from oil, the delegation noted that oil was a vulnerable resource. Very little of these oil resources were channelled in to meet the primary needs of the State which included social services to improve the quality of life of citizens. The Government had had to seek outside financing as a result of the war. War had been put up as collateral, so now there was a debt of nearly $ 10 billion. Debt payment absorbed some 50 per cent of the national budget. Among the priorities of the Government was its social agenda. Steps had been taken in recent years to allocate increased resources to the social sector.
There was an upward trend that showed the Government’s commitment to spending for children, in terms of education, health and social welfare projects. The Government had not yet reached its intended targets. It had been able to cover heavy costs incurred after the peace agreement intended to guarantee stability and peace in Angola. As a result, efforts had had to be made to achieve reintegration of some four million displaced persons. Measures also were taken to allow for integration of the society as a whole. The Government had allocated $ 200 million for its integration efforts. Poverty alleviation programmes had also been implemented in Angola.
Questions Raised by Experts
Experts asked about whether the Government had long-term strategies for children and what was the time framework for their implementation; if there was a school feeding programme; what sports activities were organized by the Government; institutions for orphans and for young offenders; the lack of provisions provided for some 23,000 Angolan refugees who had returned spontaneously to Angola from the Democratic Republic of the Congo between 2002 and 2004; the quality of education as there was reportedly an average of 64 children per class and teachers taught two or three shifts of classes daily; plans to increase the number of teachers and to improve their training; and cases of sexual exploitation.
Response by Delegation
In response to a question on registration of births, the delegation said that the Government had launched a campaign to register births free of charge for minors and adolescents up to the age of 17 in 1998. Some 658,000 children had been registered. The second part of the campaign had been launched in 2000 and 2.2 million children and adolescents had been registered for free. Many children who were living in areas previously not under the control of the Government had been included in the second phase. In parallel to these campaigns, there was the ordinary system of birth registration which was not free. Parents should register the child at birth and there was a small symbolic charge of about $ 3.5 to meet costs and pay salaries.
Concerning questions on the age of criminal responsibility, the delegation said that children up to 16 years of age incurred no criminal responsibility. There was civil responsibility which could fall on the parents or the guardians. From the age of 17 to 21, Angolan legislation provided that these persons were not fully criminally responsible for their actions. They only had partial criminal responsibility, and any punishment had to take this into account. The Juvenile Court, which started functioning in 2003, decreed socio-educational measures for persons within this age group, and compliance with them was overseen by this court. A new Constitution was presently being prepared and it was based on the most modern and humane ideals. It promoted and protected fundamental human rights and provided constitutional guarantees.
With regards to the minimum age of marriage, the delegation said that a girl of 14 and a boy of 16 could marry only if they had parental consent, because they were considered minors. Either the family council or the courts could decide on this situation. Customary law co-existed with positive law and its application did not constitute any breach of positive law or the Constitution. In the case of a contested divorce, the court ruled with the best interest of the child in mind.
With regards to discrimination, the delegation said that in a country like Angola, which was coming out of a long conflict, it was obvious that there would be situations of discrimination against children, particularly against the girl child. This discrimination might be attributed to many reasons, including if the child had a natural disability, if the child had been disabled during the war, if she had contracted a disease, or if she had been a child soldier. The Government endeavoured to protect such children under the guidance of the Ministry of Social Welfare and the Institute of the Child which had introduced the national programme of rehabilitation to care for these children. After the memorandum of understanding was implemented, the Government had demobilized the majority of child soldiers and had decided not to register soldiers under the age of 18 years. Many were returned to their families.
Concerning reports on children involved in witchcraft, the delegation said that
the Government had begun to identify this phenomenon at the end of the 1990s. This might be due to the influence of religious sects which moved to Angola from neighbouring countries. The conflict situation, poverty and illiteracy had also contributed to the spread of such practices. The Government and the provincial authorities were assisting any such children when they were identified.
In response to a question on education, the delegation said that the current "Education for All" plan had been launched this year and the aim was to increase school attendance by 60 per cent by the year 2015 and to build 44,000 new school rooms. The Government had allocated funds for this programme, but they were insufficient; it also had support from the United Nations Children's Fund and from traditional donors. The first phase of the reform of the educational system had taken place from 2000 to 2002, and the second phase was from 2002 to 2006. Following the second phase, the Government estimated that it would be able to move to the consolidation phase between 2006 to 2015. The first six years of primary school were free. There were some school administrators who were engaged in illegally levying charges and this was clandestine and the Government was taking steps to stop it. At the same time, there were other charges levied with the agreement of the Ministry of Education which were symbolic and their purpose was to help the school administration preserve and maintain the schools. The Government had a teacher training college, training programmes, as well as a higher institute for educational science which trained teachers at higher levels.
School meal programmes had been introduced in some provinces to cover some 200,000 children with the help of the World Food Programme. These school meals did not exist around the country, but continued in two provinces. The programme in a third province was not functioning this school year.
Answering other questions, the delegation said there were no figures for children taking drugs or children who were being trafficked. Some street children inhaled petrol or took medicines and the Government, in collaboration with social entities working in this area, ran rehabilitation centres to reform these children and to provide them with vocational training so that they could fit into the labour market.
Asked about the health sector, the delegation said the Government had decided that the people should make a symbolic contribution to their medical treatment. The decree in question was not implemented totally because the poorest persons were not asked to contribute and were provided with medical care. Also, as in the educational sector, some professionals illegally asked people for money and the Government punished them when they were identified. Awareness-raising campaigns had been conducted to put a stop to such practices and also to stop the sale of medication on the informal market.
Concerning the infant mortality rate, malaria was one of the main causes of morbidity and mortality in Angola. The Government encouraged people to use treated mosquito nets to combat malaria. Also, a five-year programme to fight the disease was currently being drafted. With regards to pre-natal care, the Government's main challenge was to create a pre-natal care network which covered the whole country. The Government also hoped to enlarge its vaccination programme and to widen the polio vaccination programme. It hoped to eradicate polio by 2005. As for breastfeeding, 14 per cent of mothers exclusively breast fed their children. More than 70 per cent of mothers provided breast feeding in addition to other outside milk or food. The Government provided 90 days of maternity leave and allowed for time for mothers who had returned to work to breastfeed children for up to two years.
A national Commission had been set up by the Government to combat HIV/AIDS which was led by the President of Angola. There was also a national strategy to combat the pandemic. There were awareness-raising programmes as well as other programmes which provided treatment. There was free access to generic anti-retroviral drugs.
The delegation said Angola was on a learning turf in terms of implementing democracy directly and fully. It had a medium term objective to further build on the results of its programme for children. However, after 41 years of civil war, the main infrastructure had been destroyed and the Government was not so unrealistic to expect immediate results after only two years. The needs and challenges facing the Government were enormous.
With regards to the refugees who had been returning spontaneously across the long border of Angola. When they returned and were registered by the competent authorities, the Government provided them with kits, a hectare of land and tools to work it. He hoped that by 2006 the Government would be able to ensure clean water and sanitation as well as electricity to all the main towns and provincial capitals as well as to repair the road network and ensure communication between the main centres.
Concerning children who had been separated from their parents because of the armed conflict, they were part of a Government programme to care for them while trying to unify them with their families. Sometimes, children were placed with foster families, and other times with State institutions or orphanages. National and international non-governmental organizations participated in the Government's efforts to improve the quality of life for these children. Children with disabilities were provided with rehabilitation programmes to help their integration in society.
In response to a question, the delegation said violence against children, whether in the family or school or in institutions or by the police, was punishable by law. This included physical, sexual and psychological violence. The current criminal code spelt out the punishment for such acts. The criminal code was currently being reformed. Children had various options to complain about violence against them, including SOS programmes, schools, community centres, the police or the existing councils for the protection of children.
Preliminary Remarks
LOTHAR FRIEDRICH KRAPPMANN, the Committee Expert serving as Rapporteur for the report of Angola, said in preliminary remarks that today's dialogue had been intended to better understand the highly complex situation in Angola, which was a remarkable country. It was obvious that the quality of children's rights was fundamentally linked to other issues which had caused the Committee Experts to ask about oil revenues and accountability in addition to its normal questions. He thanked the delegation for the additional information its members had provided and for their assessment of the problems. The Committee would take into account all that when it elaborated its concluding observations. He could not give the delegation a summary of the conclusions yet, but they would include recommendations on how to address problems relating to discrimination, the girl child, disabled children, children involved in witchcraft, monetary allocations for children, registration of births, and the quality of education, among other issues. Some of the recommendations would encourage the Government to continue what it was doing, and others would ask it to ensure that some things no longer happened. He hoped the Government could make progress in the coming years when the aftermath of the terrible war had faded away. He hoped that more financial means could be found and used for the implementation of child rights. Also, international cooperation was important and the Committee offered its cooperation.
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