COMMITTEE ON THE RIGHTS OF THE CHILD REVIEWS INITIAL REPORT OF ERITREA

CRC
33rd session
20 May 2003




The Committee on the Rights of the Child today considered the initial report of Eritrea on how that country was implementing the provisions of the Convention on the Rights of the Child, hearing a Government delegation describe the great amount of work that had been done in this field.
Askalu Menkorios Berhane, the Minister of Labour and Human Welfare of Eritrea and head of the delegation, said that Eritrea had many challenges facing it, and was doing its best to live up to and overcome these challenges. The presence of the delegation at the Committee today was evidence of this commitment, which would further be illustrated by Eritrea's desire to implement the suggestions made by the Committee. Much work had been done to date with regard to improving the situation of the rights of the children of Eritrea, and much work would continue to be done. The law, she said, would be the ultimate instrument for the protection of the children of Eritrea, and although the process of making all the population aware of these laws would take time, it would be done.
Committee Experts asked the delegation, among other issues, about funds allocated to children; data gathering; conflicts between customary law and the Convention; the governmental structures which protected children; facilities for psychological and social help for abused children; corporal punishment; the serious environmental situation and the need to address environmental issues such as food security and water notably with regard to girls and women since they were the traditional providers of food and water; and infant mortality rates.
In preliminary concluding remarks, Moushira Khattab, the Committee Expert who served as Rapporter to the report of Eritrea, said that the Committee was aware of the achievements of Eritrea, and had therefore mostly focused on the challenges. The Committee's formal concluding observations on the report of Eritrea will be issued towards the end of its three-week session, which concludes on 5 June.
Members of the Eritrean delegation also included Eden Fassil Ogbazgi, Director General, Legal Services Department, Ministry of Justice; Petros Hailemariam Tesfie, Director General, Department of Research and Human Resource Development, Ministry of Education; and Girmai Tessaseilase Ghebremedhin, Head of International Cooperation, Ministry of Health.
The Committee will reconvene on Wednesday, 21 May, at 10 a.m. to consider the second periodic report of Cyprus (CRC/C/70/Add.16).

Report of Eritrea
The report (document CRC/C/41/Add.12) reviews general measures of implementation of the Convention on the Rights of the Child, including measures taken to harmonise national law and policy with the provisions of the Convention. It also reviews civil rights and freedoms in the context of the child, family environment and alternative care, basic welfare, education, leisure and culture, and special protection measures adopted to protect children in situations of emergency, children in conflict with the law, those in situations of exploitation, and children belonging to a minority or indigenous group.
Eritrea faces major obstacles with regard to the well-being of children, the report states, as 30 years of war, drought and famine have exacerbated the already difficult circumstances. These have undoubtedly resulted in an increase in children in need of special protection measures. However, much progress has been made, notably in the decline in the infant mortality rate. There are increasing numbers of female-headed households and women and children either continued to or had had to shoulder extreme burdens of work. With regards to harmful traditional practices and gender bias, the forces of tradition are often extremely powerful and resistant to change, nonetheless the Government is working hard not to allow these to become the forces of inertia.
Many programmes which affect children cut across a number of ministries, or levels within the Government, and this cross-sectoral approach is seen as important in many instances. Government restructuring is expected to resolve problems linked to this, as well as lay foundations for a stronger economy and society. Children's issues, in particular health, education and social welfare, are currently given as high a priority as possible, and the situation of children can only improve. When the draft Child Law is endorsed, the legal basis safeguarding children's rights will be in place. Eritrea's commitment to its children has proved to be strong, and this commitment can only result in healthier, better educated and happier children, who can confidently face the challenges of adulthood.

Presentation of Report
ASKALU MENKORIOS BERHANE, Minister of Labour and Human Welfare of Eritrea, introduced the report, saying the war in Eritrea had greatly affected human rights, as well as the economy and infrastructure. Today, however, the people of Eritrea had achieved independence and democratic rights. At independence, laws had been adopted which significantly protected the rights of the child. The adoption of the Convention on the Rights of the Child had been signed in 1993 and ratified in 1994, as had other legal instruments. In 1994, policies had been adopted for example in the field of child health and in child care. The decline of the infant mortality rate was significant in this respect. A national curriculum had been adopted, and the number of children in school and of teachers had almost doubled over the last decade.
Despite these encouraging achievements, Eritrea had many challenges lying before it. The constraints on national development would be resolved, Ms. Berhane said. The conflict between Ethiopia and Eritrea had had a great effect on national programmes, as had the current drought, and the lack of infrastructure. Eritrea was at the Committee today to reaffirm its commitment to achieving a brighter future for its children, in which peace and security would prevail. Eritrea would seriously take into consideration the suggestions made by the Committee in an attempt to improve the rights of the child in the country, and it appreciated the help of the international community.

Discussion
The Committee Expert who acted as Rapporteur to the report of Eritrea, Moushira Khattab, and other Committee Experts then raised questions on a number of issues such as the lack of ratification of the Geneva Convention and ILO Convention 182 on the worst forms of child labour. Funds had been allocated for health, education and social welfare for the children of Eritrea, but those for education had been declining; an Expert wished to know why this was the case. Further, the figures in the report possibly did not reflect the true facts, since Eritrea had not held a census in many years. Data concerning many issues such as HIV/AIDS was also possibly flawed, notably since it was the second greatest cause of death for those under the age of 5. Eritrea's priorities should be more clearly identified. The conflicts between customary law and the Convention also needed to be resolved, for example in the areas of children born out of marriage, coming of age, and minimum ages for marriage, since child marriage was rampant.
Had an effort been made to improve child rights, the Experts asked. What governmental structures existed for the protection of children, and how were they coordinated? Legislation to protect children, and the manner of implementation of such legislation needed to be clarified. There was a need to identify the main lines of strategy for implementation of the Convention, and means of training of civil servants for this implementation. Further, conscription of children was a topic that needed to be addressed. The Constitution protected the rights of the person, but not specifically the rights of the child, and this needed to be addressed.
Responding to these and other issues raised, the Eritrean delegation said with regard to ILO Conventions 138 and 182, which should shortly be ratified, the speed of ratification had been closely linked to the large number of conventions and protocols requiring ratification.
The Ministry of Labour and Human Welfare was taking a leading role in coordinating and implementing the Convention on the Rights of the Child, the delegation said. All the relevant bodies had been involved in the drafting of the report, and all had offered input. The Department of Social Affairs in the Ministry included a child protection unit, and all coordination originated from this unit.
The child victims of war had been looked after. The Government aimed to rehabilitate all children, most especially orphans. Some children were still stranded in Ethiopia, and there was hope that they would be reintegrated eventually into their own communities, with education and programmes freely available to these children. Work was being done in concert with UNICEF to this end.
Eritrea's budget, due to the wars and the subsequent problems, relied on external support, although Eritrea believed in and aimed for self-reliance, the delegation said. A significant loan from the World Bank would be paid back by Eritrea once it had reached self-sufficiency. Limited resources, covering only 28 per cent of what was needed, were received from abroad, and this was coordinated by a national board. Eritrea deserved to be supported, and was campaigning for more aid, notably for the victims of drought.
With regard to HIV/AIDS, comparatively speaking, rates of infection were very low, with only 3 per cent of the population affected, and this was expected to decline. Awareness raising programmes had had a very positive outcome on changing ways of life. AIDS orphans were included in the reintegration programmes for war orphans. Training of health professionals was taking place, and a national information programme had been implemented.
With regard to child labour, the delegation said this was nonexistent in Eritrea, although there was poverty, and therefore children who tried to support their families. This was monitored. No violation of the Convention had been identified, although follow-up was being carried out.
With regards to early marriage, the birth of children out of wedlock, and other issues, work still needed to be done on the new Constitution since it required changes in traditional cultures. An awareness campaign was required with regard to early marriage, and it was being undertaken, although the process was very difficult. There was no stigma against a child born out of wedlock, and he or she was entitled to the same rights of, for example, inheritance as any child born to married parents.
The Committee then asked more questions with regard to children born out of wedlock, pointing out that the report contradicted information provided by the delegation. Further, should a judge apply traditional law or Constitutional law with regard to these children, and what penalty, if any, was paid by fathers of children born out of wedlock.
The delegation responded, saying that the issue of paternity usually came into the picture immediately after a child was born. Under Eritrean laws, if a woman declared that a man was the father, and prima facie evidence was provided of a sexual relationship, then it was established that the man was the father, and he had to pay maintenance or whatever else was required by law. Customary law was not applied in the case of a civil court, which was where such issues were treated. The practice in Eritrean courts was to protect the child and provide for its needs. Had a child's paternity been established in law, then the child was entitled to inherit as would its legitimate siblings.
In response to more questions with regard to the rights of such children, the delegation said the child was ensured all of the privileges that society gave its children. In the case of Sharia, birth was not treated under this law. Paternity was a matter for the civil court, not the Sharia court.
Customary laws were no longer applied, instead the civil, penal or commercial court, whichever was appropriate, ruled on appropriate cases. Eritrea had taken the view that the Constitution prevailed over everything, and if a Convention came into play, it had to be incorporated in the municipal laws, as in the German system.
People over the age of 15 were not treated as adults, as one of the Committee had suggested, the delegation said. The courts differentiated between those between 12 and 15, and those between 15 and 18, with a slight change in the penalties or measures applied to those of different ages. However, there was a distinctive lack of corrective institutions for the young in Eritrea, since there was a need for capacity for such institutions. Sometimes, the dictates of reality prevailed, said the delegation.
With regard to early marriages, the delegation said it was difficult to gain access to information on such cases, said the delegation. The Committee Experts asked whether the Government of Eritrea was working with the traditional chiefs and leaders of society to eradicate this practise. The delegation responded, saying it was not easy to break tradition.
Data gathering, the delegation said, was difficult in Eritrea. It was collected from different sources, from local governments and from the Ministry of Health, mainly, since the latter had an immunization programme which required registration. Until data was received more systematically, data would not be reliable, but work was being done to resolve this issue.
Committee members then raised questions on the best interests of the child, the right to life, survival, respect for the views of the child, civil rights and freedoms, and family environment and alternative care. Ms. Khattab, the Rapporteur, spoke of the rights of the girl child and her right to non-discrimination which was a common problem in many countries. Eritrea had a strategy against Female Genital Mutilation (FGM), but what was being done to eradicate this practice, which affected nearly 90 per cent of girl children.
Other Committee members then asked questions on such topics as facilities for psychological and social help for abused children; whether there were mechanisms to protect children from all forms of physical abuse; corporal punishment at an institutional level and plans to prohibit this on a factual level; the move away from institutionalization of displaced children and what alternatives were provided for the reintegration of these children; forms of patriarchal naming as a type of discrimination against women and mothers; the naming of abandoned children; problems encountered by families with regard to registration of births; police brutality; and the fair distribution of social services.
Experts also raised the issue of the serious environmental situation and the need to address environmental issues such as food security and water notably with regard to girls and women since they were traditional providers of food and water. They asked about the protection of unwed mothers from their families and from society; ethnic discrimination; torture and the imprisonment of children; infant mortality figures; child participation in the debt awareness programme; religious freedom with regard to an incident in which Jehovah's Witnesses including children had been jailed for a significant period of time; and care taken of orphans, abandoned children, and children with only one parent alive.
In response to these questions and others, the delegation said that there was a programme for training social workers in psycho-social matters with regard to children who had been exposed to war and conflict. Rehabilitation and counseling programmes existed, and the National Organization of Women was also involved, as it was in the cases of women who had been victims of rape during the conflicts and children who had been witnesses in such cases. With regard to the reintegration of vulnerable children, there were again various programmes, which were not limited to orphans nor abandoned children, but included these and other children. Reunification with the immediate family was the main priority, in the case of the lack of which, alternate solutions were sought. Institutionalisation was not the best solution for these children.
The Committee then asked questions on topics such as the rejection of adoption by Eritrean communities as an alien concept, and whether this did not stand in the way of the fostering programme; the nature of the contact with the estimated 3,600 children lost in Ethiopia; the rights of parents concerning children in the case of divorce, as the case in Eritrea frequently seemed to be that the elder son was sent to join the mother to help her and the elder daughter was sent to join the father with the same aim in mind; and social security instruments to protect the children whose parent or parents were not providing for them.
Responding, the delegation said the policy of creating group homes for displaced children recognized that there were insufficient institutions for the number of children who needed homes. The Group Home programme was continuous, and it was now also taking in abandoned children. Foster care was problematic, as surveys had shown. International adoption was not seen as an option, since this caused cultural shock and a loss to the children of their culture, their ancestral home, and their remaining family members. Local adoption was encouraged.
With regard to divorce, the law was clear, and the interests of the child were the prevailing criteria, the delegation said. As for the maintenance of the children, under Eritrean law there was a very elaborate system which ensured that nobody should starve due to the lack of maintenance.
National military service, the delegation said, was a must. Laws had not always been respected, and there were a number of young persons in the armed forces. Some 200,000 youngsters would be demobilized soon. In the meantime they were being used to improve the infrastructure of the country and to aid in the rehabilitation of the displaced.
Education with regard to the rights of the child was mainly spread by radio in Eritrea, since this was the most common form of mass media, and the best tool for spreading information and awareness.
Female genital mutilation (FGM), the delegation pursued, taking into account its adverse effects on the health of the girl child involved, was an ongoing battle. Education as to the effects of the process was the best means of fighting this traditional process. Sensitising people to the issue at various levels was underway, and it was hoped that this difficult issue would eventually find a solution.
The delegation said that health facilities had been established across the country, which had contributed considerably to the reduction in child mortality figures. Furthermore, immunization coverage was also increasing.
With regard to sexual and domestic violence, the Committee asked various questions, to which the delegation responded by saying that corporal punishment was not allowed by law, both at home and at the institutional level. Traditional practices varied with regard to this issue, and the more liberal attitude was encouraged by the Government. When institutional corporal punishment took place, measures were in place to resolve the situation. Sexual abuse of children was a very serious crime. Domestic sexual violence was not a wide-spread practice in Eritrea, and yet it was recognized that there was a need for safeguards.
Corporal punishment was an issue similar to that of domestic violence and of abuse of women, in that there were no reported cases, since it was seen as a family disgrace, the delegation said. However, this did not mean that it did not exist, since there were also various traditions that inhibited the reporting of such incidents.
Eritrea was fully committed to the Millennium Development goals, including free and compulsory basic education, and in practice all education had been provided free. Now, there was an attempt to create cost-sharing programmes. Whilst keeping basic education free, it had been impossible, due to lack of capacities, to make it compulsory. The Government was convinced that it should make the utmost investment to ensure that all children received a basic education, and accorded great importance to this concept.
The Committee then asked more questions, including on the topics of freedom of association for youth, in particular in the context of the imprisonment of students in 2001; the right to a name for illegitimate children; and on aggravated sexual abuse by a person in a position of authority. Prevention was a key, said the Committee, and education to the effect that there was a duty to report any situation in which abuse had taken place.
The delegation of Eritrea responded, saying that the new civil laws required that every child be given a name, either inherited from the parents or attributed by an officer of the court. The family was also given the choice to give the child either the paternal or the maternal name, thus eliminating the patriarchal bias. With regard to birth of children and their registration, the issue was one of efficiency, and this was the front on which the lack of registration of children needed to be addressed. The law imposed a duty on the parents to register their children, but this was usually ignored. However, if a child wished to go to school, there was a need to provide a birth certificate, which could, eventually be provided by a court.
The problem of birth registration, noted Ms. Khattab, the Rapporteur, was a very important one, and there was a need for an incentive as well as a penalty for registration or non- registration.
The law of Eritrea enshrined freedom of expression and belief, and this was necessary due to the diversity of the various ethnic groups and religious groups in the country. The freedom of expression and association in youth was also enshrined. With regard to the imprisonment of students, the delegation said it had been a disciplinary measure imposed by the administration of the University involved, and had not been a regular measure imposed.
The discussion then moved to issues related to health and welfare, education, and special protection measures. The Rapporteur raised more questions on girls' education, on the nature and definition of child labour, on the forms of protection of children from sexual exploitation, and whether there was a specific health programme for adolescents and/or for children. The delegation was also asked about the average school entrance age, the application of corporal punishment by the courts, and the lack of separate penal institutions for children and adults, and, similarly, separate children's courts.
Health related questions were then raised, including ones on national policies with regard to breast-feeding, and the possible replacement substances. A need for strengthening the primary healthcare budget, particularly with regards to mother and child health, was indicated by the Committee, notably in view of the multi-cultural and multi-ethnic society. There was also a need to implicate community leaders, particularly women, in the development of providing primary healthcare.
Responding to these questions and others, the delegation said that with regard to street children, these were mainly economically disadvantaged children. The Government supported them by giving subsidies to their families to ensure that the children returned to school. As for commercial sex exploitation, commercial sex workers in Eritrea were a very small and vulnerable group. Work was underway to retrain them and gain them employment in other fields, and this had been somewhat successful.
Disabled children were protected by a draft policy that had not yet been finalized by Parliament, and yet was in action today. With regard to girls' education, the share of enrolment of girls had been rising as a result of various successful interventions by the Government, and work was continuing with the aim of achieving parity. Some of the issues opposing girls and their education were traditional attitudes towards their duties and future, but work was being done to change these attitudes.
Preschool was not an area to which the Government had been able to attend to, notably due to a lack of resources, but it had begun to run an integrated early child development project. Many of the institutions already providing such preparatory and developmental services were missionaries, but the Government was not satisfied with the situation, since the capacity of such institutions was low. Government spending for education was around 7 per cent; it was recognized that this was too low, and the Government intended to increase it.
Work was being done to extend psychological services to the rural areas, and training was being carried out. The main causes of child mortality were preventable diseases, and the Government was working on reversing this phenomenon. With regard to adolescent health, the Government was collaborating with such agencies as UNICEF and WHO, and there was a strategy of opening youth-friendly health clinics that would provide services and counseling. There was an integrated adolescent health programme, led by the Ministry of Health.

Preliminary Concluding Remarks
Ms. Khattab, the Committee's Rapporteur to the report of Eritrea, thanked the delegation for the report, saying that the discussion had been most useful. The Committee was aware of the achievements of Eritrea, and had therefore mostly focused on the challenges. She hoped that the final concluding remarks would include recommendations on implementing the Convention. Eritrea should remain in contact with the Committee to be assured that it was on the right track.
Ms. Berhane thanked the Committee Experts for their helpful comments and suggestions, and said the discussion had been most fruitful. There was a need for technical assistance and further funding, and it was hoped that this would help Eritrea to get out of debt and move on.



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