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COMMITTEE ON THE RIGHTS OF THE CHILD TO HOLD THIRTY-THIRD SESSION IN GENEVA FROM 19 MAY TO 6 JUNE 2003

16 May 2003



16 May 2003





Reports from Eritrea, Cyprus, Zambia, Sri Lanka, Solomon Islands,
Libya, Jamaica, Morocco, Syria and Kazakhstan to be Reviewed




The promotion and protection of children's rights in Eritrea, Cyprus, Zambia, Sri Lanka, Solomon Islands, Libya, Jamaica, Morocco, Syria and Kazakhstan will be reviewed as the Committee on the Rights of the Child meets in Geneva from 19 May to 6 June 2003.
The Committee was formed in 1991 to monitor implementation of the Convention on the Rights of the Child, which gives a comprehensive collection of children's rights the force of international law. The countries scheduled to come before the Committee at this session are among the 192 to have ratified or acceded to the Convention. The treaty is the most widely accepted international human rights instrument. Only Somalia and the United States have not ratified it. States parties to the Convention are expected to send representatives to the Committee to present periodic reports on national efforts to give effect to children's rights.
The Committee is meeting for the first time as an 18-member body after States parties approved the increase of its membership from 10 to 18 Experts to enable the Committee to face a rapidly growing workload. It will start its session by hearing its newly elected members make a solemn declaration to perform their duties and exercise their powers as members of the Committee on the Rights of the Child honourably, faithfully, impartially and conscientiously. It will also elect its Chairperson and other officers. The Committee will then approve its agenda and programme of work.

Concluding Remarks on Reports of States Parties Previously Reviewed
Of the ten countries whose reports are being considered this session, six have had reports previously reviewed. The other four countries are presenting initial reports.
In its concluding remarks on the initial report of Cyprus, which was reviewed in June 1996, the Committee welcomed as positive aspects the efforts undertaken by the Government to review the national legal framework in order to harmonize it with the provisions and principles of the Convention. It also noted with satisfaction that the Convention has been invoked in court proceedings. Principal subjects of concern included the lack of conformity with the Convention of legislative provisions in some matters relating to the definition of the child, in particular the age of seven for criminal responsibility; the apparent persistence of discriminatory attitudes towards children born out of wedlock with regard to their right to a name and to citizenship; and the persistence of traditional practices and attitudes that may affect the development of some children. The Committee recommended that Cyprus undertake legislative reform to ensure that legislation conformed fully with all the provisions of the Convention; carry out a comprehensive and integrated public information campaign aimed at promoting children's rights within the society, and particularly within the family; and extend the mandate of the Ombudsperson to enable him/her to receive and process all complaints relating to all types of issues affecting children.
Concerning the initial report of Sri Lanka, which was reviewed in June 1995, the Committee noted among positive aspects in the report that the State party was considering the possibility of amending laws relating to child abuse, child labour and juvenile justice, to ensure their compatibility with the provisions of the Convention. Principal subjects of control included that only a small part of the national budget was dedicated to the protection of the child; and the lack of efficient and integrated mechanisms to monitor the situation of children. The Committee strongly recommended that consideration should be given to raising and standardizing the age for contracting marriage in all communities, to raising the age for engaging in labour and for penal responsibility and to eliminate discrimination towards children born out of wedlock. It also recommended that the State party take measures to combat violence and abuse of children, including sexual abuse and corporal punishment. With regard to the traumatic impact on children of the civil armed conflict in Sri Lanka, the Committee recommended that additional information be submitted to the Committee within two years about the effects of the armed conflict on children, their participation in combat and the way authorities handled child soldiers prisoners of war. (Such information had not been submitted in time.)
With respect to the initial report of Libya which was taken up in January 1998, the Committee noted as positive aspects the fact that the Convention was self-executing and that its provisions may be invoked before the courts in the State party; and the range of services provided by the State party, especially in the fields of health and education. Principal subjects of concern included the lack of adequate coordination among the various government bodies responsible for the welfare of children at the national and local levels. The Committee noted with deep concern that the law applicable in the case of rape of a minor excused the perpetrator of the crime from penal prosecution if he was prepared to marry his victim. The Committee recommended that the State party consider designing and implementing a special plan of action for children reflecting a comprehensive approach to children's rights and incorporating all aspects and provisions of the Convention; that the State party abolish the use of the term "illegitimate children" in its legislation, policies, programmes, regulations and administrative instructions; and it suggested that the State party take all appropriate measures, including of a legislative nature, with the aim of prohibiting corporal punishment at home.
After considering the initial report of Jamaica in January 1995, the Committee noted among positive aspects the commitment shown by the Government of Jamaica in fulfilling its obligations under the Convention; and the willingness of the Government to seek advice and technical assistance from United Nations bodies and specialized agencies and from national and international non-governmental institutions in the field of the promotion and protection of the rights of the child. Principal subjects of concern included the lack of an overall integrated mechanism to monitor the activities designed to promote and protect children's rights; the effect on children of the difficult economic situation and the socio-economic disparities prevailing in the country; and that child labour continued to be a serious problem in Jamaica, particularly in the rural areas and in the informal sector. The Committee recommended that a nationwide education campaign be launched to sensitize the population at large to the principles and provisions of the Convention and that a comprehensive strategy be worked out and implemented in order to increase awareness among children and adults about the rights of the child and to combat existing prejudices affecting vulnerable groups of children. It suggested that the State party take additional measures to combat violence and abuse of children, including sexual abuse; and that cases of violations of children's rights be duly investigated.
Concerning the initial report of Morocco, which was considered in October 1996, the Committee noted among positive aspects the establishment in 1993 of the Ministry for Human Rights to deal with children's rights issues, and the establishment in 1994 of the National Congress on the Rights of the Child. Principal subjects of concern included the inadequacy of measures taken to ensure the implementation of children's economic, social and cultural rights to the maximum extent of available resources. The Committee was also concerned at the lack of conformity with the spirit and principles of the Convention of legislative provisions with respect to the legal definition of the child. The early marriageable age, the minimum age for employment and the age of criminal responsibility were matters of concern. The Committee recommended that periodic training and retraining programmes on the rights of the child be organized for professional groups working with or for children, including teachers, law enforcement officials, social workers and judges. In the light of the current difficult economic situation, the Committee emphasized the importance of the allocation of resources to the maximum extent possible for the implementation of economic, social and cultural rights of the child at both central and local levels, in accordance with the principles of the Convention.
And with regards to the initial report of Syria, considered in January 1997, the Committee noted among positive aspects that the Convention was fully incorporated into domestic law, and that the Civil Code and the Code of Criminal Procedure expressly provided that their provisions shall not apply in case they conflict with a provision of an international Convention in force in Syria. Principal subjects of concern included the insufficient measures taken to systematically gather reliable quantitative and qualitative data on all areas covered by the Convention in relation to all groups of children; and the persistence of discriminatory attitudes towards girls, including the practice of early marriage, and towards children born out of wedlock. The situation of refugee and Syrian-born Kurdish children was a matter of concern. The Committee recommended that the system of data collection be improved and that it identify appropriate and specific disaggregated indicators to allow the identification of sectors where further action was needed and the assessment of progress achieved in all areas covered by the Convention in all parts of the country and with regard to all groups of children. The Committee also recommended special attention be paid by the authorities to the problem of ill-treatment and abuse of children within the family and of corporal punishment in schools.

Convention on the Rights of the Child
The General Assembly adopted the Convention unanimously on 20 November 1989, 30 years after the adoption of the Declaration on the Rights of the Child. The Convention makes States which accept it legally accountable for their actions towards children. Work on drafting the Convention began in 1979 -- the International Year of the Child -- at the Commission on Human Rights.
The Convention was opened for signature on 26 January 1990. That day, 61 countries signed it, a record first-day response. It entered into force just seven months later, on 2 September 1990.
Ratifying the Convention entails reviewing national legislation to make sure it is in line with the provisions of the treaty. The Convention stipulates, among other things, that every child has the right to life, and that States shall ensure to the maximum child survival and development; that every child has the right to a name and nationality from birth; and that when courts, welfare institutions or administrative authorities deal with children, the child's best interests shall be a primary consideration. The Convention recognizes the right of children to be heard.
Furthermore, States shall ensure that each child enjoys full rights without discrimination or distinctions of any kind, and shall ensure that children should not be separated from their parents, unless by competent authorities for their well-being. In addition, States shall facilitate reunification of families by permitting travel into, or out of, their territories; and States shall protect children from physical or mental harm and neglect, including sexual abuse or exploitation.
Also according to the Convention, disabled children shall have the right to special treatment, education and care; primary education shall be free and compulsory and discipline in school should respect the child's dignity; capital punishment or life imprisonment shall not be imposed for crimes committed before the age of 18; no child under 15 should take any part in hostilities and children exposed to armed conflict shall receive special protection; and children of minority and indigenous populations shall freely enjoy their own cultures, religions and languages.
In May 2000, the General Assembly adopted by consensus the two Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography. The Optional Protocols have entered into force.

Committee Membership
The Convention requires that the members of the Committee have a high moral standing and recognized competence in the field of children's rights. The following Experts, nominated by the State parties to serve in their personal capacity, have been elected to the Committee: Ibrahim Abdul Aziz Al-Sheddi (Saudi Arabia), Ghalia Mohd Bin Hamad Al-Thani (Qatar), Joyce Aluoch (Kenya), Saisuree Chutikul (Thailand), Luigi Citarella (Italy), Jacob Egbert Doek (the Netherlands), Kamel Filali (Algeria), Moushira Khattab (Egypt), Hatem Kotrane (Tunisia), Lothar Friedrich Krappmann (Germany), Yanghee Lee (Republic of Korea), Norberto Liwski (Argentina), Rosa Maria Ortiz (Paraguay), Awa N'Deye Ouedraogo (Burkina Faso), Marilia Sardenberg Goncalves (Brazil), Lucy Smith (Norway); Marjorie Taylor (Jamaica), and Nevena Vuckovic-Sahovic (Serbia and Montenegro).

Tentative Timetable for Consideration of Reports
The following is a tentative timetable for consideration of reports from States parties to the Convention during this session:


Tuesday, 20 May: 10 a.m.-1 p.m. Eritrea (CRC/C/41/Add.12)
3 p.m.-6 p.m.

Wednesday, 21 May: 10 a.m.-1 p.m. Cyprus (CRC/C/70/Add.16)
3 p.m.-6 p.m.

Thursday, 22 May: 10 a.m.-1 p.m. Zambia (CRC/C/11/Add.25)
3 p.m.-6 p.m.

Friday, 23 May: 10 a.m.-1 p.m. Sri Lanka (CRC/C/70/Add.17)
3 p.m.-6 p.m.

Monday, 26 May: 10 a.m.-1 p.m. Solomon Islands (CRC/C/51/Add.6)
3 p.m.-6 p.m.

Tuesday, 27 May: 10 a.m.-1 p.m. Libya (CRC/C/93/Add.1)
3 p.m.-6 p.m.

Friday, 30 May: 10 a.m.-1 p.m. Jamaica (CRC/C/70/Add.15)
3 p.m.-6 p.m.

Monday, 2 June: 10 a.m.-1 p.m. Morocco (CRC/C/93/Add.3)
3 p.m.-6 p.m.

Tuesday, 3 June: 10 a.m.-1 p.m. Syria (CRC/C/93/Add.2)
3 p.m.-6 p.m.

Wednesday, 4 June: 10 a.m.-1 p.m. Kazakhstan (CRC/C/41/Add.13)
3 p.m.-6 p.m.



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