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COMMITTEE ON RIGHTS OF CHILD TO HOLD TWENTY-THIRD SESSION AT GENEVA FROM 10 TO 28 JANUARY 2000

06 January 2000

BACKGROUND RELEASE

HR/CRC/00/1
6 January 2000


Experts to Examine Reports of India, Sierra Leone, Costa Rica, the former Yugoslav Republic of Macedonia, South Africa, Armenia, Peru, and Grenada


The promotion and protection of children's rights in India, Sierra Leone, Costa Rica, the former Yugoslav Republic of Macecdonia, South Africa, Armenia, Peru and Grenada will be at the top of the agenda as the Committee on the Rights of the Child meets in Geneva from 10 to 28 January 2000.

The Committee was formed in 1991 to monitor the implementation of the Convention on the Rights of the Child, the most complete statement of children's rights ever made and the first to give these rights the force of international law. The countries scheduled to come before the Committee at this session are among the 191 to have ratified or acceded to the Convention, a number that makes the treaty the most widely accepted human rights instrument ever. Only Somalia and the United States have not yet ratified it. The States parties to the Convention are expected to send representatives to the Committee to present and defend reports on how they give effect to children's rights.

During this three-week session, the Committee may also pursue the elaboration of general comments based on the various principles and provisions of the Convention. It is expected to pursue its discussion of ways and areas in which existing cooperation with various relevant bodies could be further strengthened to enhance the promotion and protection of the rights of the child. The panel will also discuss the organization of its future work, as well as the procedure to be followed in the consideration of reports by States parties and their follow-up, including where necessary areas identified for technical assistance.

The Committee is composed of 10 independent experts, although States parties have adopted an amendment to the Convention that would increase the membership to 18 in order to enable the Committee to face a rapidly growing workload. The amendment will enter into force upon its acceptance by a two-thirds majority of States parties.

The Committee will start its work by approving a replacement for Nafsiah Mboi, the Chairperson of the Committee, who resigned last October.

Timetable for Consideration of Reports

The following is the timetable for the consideration of reports from States parties to the Convention during this session:


Tuesday, 11 January
10 a.m.-1 p.m. India (CRC/C/28/Add.10)
3 p.m.-6 p.m. India (CRC/C/28/Add.10)

Wednesday, 12 January
10 a.m.-1 p.m.India (CRC/C/28/Add.10)

Thursday, 13 January
10 a.m.-1 p.m. Sierra Leone (CRC/C/3/Add.43)
3 p.m.-6 p.m.Sierra Leone (CRC/C/3/Add.43)

Friday, 14 January
10 a.m.-1 p.m. Costa Rica (CRC/C/65/Add.7)
3 p.m.-6 p.m. Costa Rica (CRC/C/65/Add.7)

Monday, 17 January
10 a.m.-1 p.m. The former Yugoslav Republic of Macedonia (CRC/C/8/Add.36)
3 p.m.-6 p.m. The former Yugoslav Republic of Macedonia (CRC/C/8/Add.36)

Thursday, 20 January
10 a.m.-1 p.m. Armenia (CRC/C/28/Add.9)
3 p.m.-6 p.m. Armenia (CRC/C/28/Add.9)

Friday, 21 January
10 a.m.-1 p.m. Peru (CRC/C/65/Add.8)
3 p.m.-6 p.m. Peru (CRC/C/65/Add.8)

Monday, 24 January
10 a.m.-1 p.m. Grenada (CRC/C/3/Add.55)
3 p.m.-6 p.m. Grenada (CRC/C/3/Add.55)

Tuesday, 25 January
10 a.m.-1 p.m. South Africa (CRC/C/51/Add.2)
3 p.m.-6 p.m. South Africa (CRC/C/51/Add.2)

Wednesday, 26 January
0 a.m.-1 p.m. South Africa (CRC/C/51/Add.2)


Summary of Concluding Remarks on the Reports of Costa Rica and Peru

Of the States parties presenting reports to the Committee this session, Costa Rica and Peru have previously presented reports. The following is a summary of the Committee’s concluding remarks on the initial reports of those two countries.

In concluding remarks on the initial report of Costa Rica, considered in September-October 1993, the Committee welcomed the commitment shown by the Government of Costa Rica in undertaking its obligations under the Convention.

That commitment was reflected in the efforts of the Government to establish implementation mechanisms, to evaluate the existing situation and to identify factors and difficulties impeding the implementation of the Convention. Among such difficulties, the Committee noted that due to economic factors, including pressures resulting from external debt, there had been a restructuring of the Government's budget with the result that fewer resources had been available for social welfare programmes. The Committee expressed its concern at the fact that legislation relevant to the application of the Convention was not only dispersed, but sometimes contradictory. It expressed its concern at the impact of economic adjustment policies. In particular, the Committee noted that, with the cuts in allocations in the social sector, the basic welfare of the children who were most vulnerable, such as abandoned children, children living in extreme poverty and children of disadvantaged groups, might not be adequately protected. The Committee also noted that there had been alarming tendencies in recent years on increasing problems concerning vulnerable children, such as discrimination against the girl child and sexual abuse including incest and other forms of violence perpetrated
against children.

The Committee recommended that in order to apply more effectively all of the provisions of the Convention, the laws and regulations concerning the rights of the child should be harmonized. With respect to economic adjustment policies, it recommended that the Government undertake a thorough review of the impact of these policies with a view to identifying ways to ensure adequate protection for children, in particular the disadvantaged and vulnerable ones. The Committee encouraged the Government to intensify its information and advocacy campaigns at the community and family levels. The Committee therefore suggested that efforts should be made to widen educational campaigns to focus on gender discrimination and the role of parents, particularly with respect to the prevention of violence and abuse in the family and the problems associated with early marriage and early pregnancy.

In concluding remarks on the initial report of Peru, considered in September 1993, the Committee noted with satisfaction the considerable progress achieved during the period under review in bringing domestic law into line with the Convention through the enactment of new laws and codes and the establishment and strengthening of institutions and processes aimed at promoting and protecting the rights of the child. Among factors and difficulties impeding the implementation of the Convention, the Committee noted that political violence and terrorism had had a considerable negative impact on the situation of children in Peru. The Committee further noted that economic factors, including a high level of external debt, had adversely affected the situation of children. The Committee expressed its deep concern at the continued violence which had already caused thousands of killings, disappearances and displacements of children and parents. The Committee deplored that, under Decree-Law No. 25564, children between 15 and 18 years of age who were suspected of being involved in terrorist activities did not benefit from safeguards and guarantees afforded by the system of administration of juvenile justice under normal circumstances. The Committee expressed its concern that stringent budgetary measures amounting to decreases in the resources allocated for social expenditures had entailed high social costs and had adversely affected the rights of the child in Peru.


The Committee was also concerned at the extent of violence within the family and at the high number of abandoned and institutionalized children due to widespread family problems.

The Committee recommended that investigations be conducted into cases of extrajudicial executions, disappearances and torture which were carried out in the context of the internal violence prevailing in several parts of the country. Those accused of such abuses should be tried and, when found guilty, punished. It urged the Government of Peru to take all the necessary steps to minimize the negative impact of the structural adjustment policies on the situation of children. The Committee also underlined that the provisions of the Convention should be widely publicized among the general public and, in particular, among judges, lawyers, teachers and members of other professions who were concerned with the implementation of the Convention.

Convention on Rights of 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 its drafting 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 States shall ensure to the maximum child survival and development; every child has the right to a name and nationality from birth; and, 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; that children should not be separated from their parents, unless by competent authorities for their well-being; States should 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 culture, religion and language.

A conference of States parties has endorsed efforts to amend the Convention in order to increase the membership of the Committee, while the General Assembly has expressed support for the working group of the Commission on Human Rights on a draft optional protocol to the treaty related to the involvement of children in armed conflict.

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: Jacob Doek (the Netherlands), Amina El Guindi (Egypt), Francesco Paolo Fulci (Italy), Judith Karp (Israel), Esther Margaret Queen Mokhuane (South Africa), Awa N'deye Ouedraogo (Burkina Faso), Ghassan Salim Rabah (Lebanon), Marilia Sardenberg Gonçalves (Brazil), and Elizabeth Tigerstedt-Tähtalä (Finland).

Chairwoman Nafsiah Mboi (Indonesia) said that she was resigning following the conclusion of the twenty-second session last October.

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