Committee on the Rights of the Child reviews report of Angola

Committee on the Rights of the Child
14 September 2010

The Committee on the Rights of the Child today examined the combined second through fourth periodic reports of Angola on how that country is implementing the provisions of the Convention on the Rights of the Child.

Introducing the report, Maria da Luz do Rosaria Cirilo de Sa Magalhaes, Deputy Minister of Social Assistance of Angola, said Angola had made major progress in terms of social development, notably thanks to the strategic plan aimed at safeguarding children’s issues which was at the top of the national agenda. For example, by decree No 20/07 of 20 April, the Angolan Government had created the National Council of Children, authorities had promulgated a decree providing for free birth registration and free identity cards for children below the age of 11, and the State had strengthened municipal centres and made efforts to reinforce social mobilization. The country had also made notable progress in achieving the Millennium Development Goals as highlighted by the significant drop in the percentage of people living in poverty, the rise in school attendance rates, and the drop in under-five child mortality rates, among other things. All of this highlighted that the Angolan executive truly considered children a top priority on the national agenda.

In preliminary concluding remarks, Lothar Friedrich Krappmann, the Committee Expert serving as Rapporteur for the reports of Angola, said that the Committee recognised the positive developments in Angola. Some developments were slow, and many had not yet come to a satisfactory level, but the Committee was confident that positive trends would continue. There were constraints, but these could be tackled through education, which was a cornerstone for Angola’s development.

Other Experts raised a series of questions during the discussion, including whether the National Council of Children was really adequately equipped and whether it was not overburdened; whether judges could use the provisions of the Convention in practice; whether judges had been trained in children's rights; why birth registration rates were so low; what steps were being undertaken to tackle accusations of witchcraft; and how the budget was handed down from the national to the local level. Committee Members also requested more information on the HIV/AIDS incidence rate in Angola; how abandoned children were cared for; how the Government intended to train sufficient numbers of professionals; and whether adolescent health services were efficient and available, especially outside Luanda.

The Committee will release its formal, written concluding observations and recommendations on the report of Angola towards the end of its three-week session, which will conclude on Friday, 1 October 2010.

The delegation of Angola included representatives from the Ministry of Health, the Ministry of Education, the Ministry of Justice, the Ministry of Planning, the Ministry of Home Affairs, the Ministry of Family and Women Empowerment, the Ministry of External Relations, the National Institute of the Child, and the Permanent Mission of Angola to the United Nations Office at Geneva.

As one of the 193 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 this morning and yesterday to present the report and to answer questions raised by Committee Experts.

When the Committee reconvenes in public, at 10 a.m. on Wednesday, 15 September, it will review the combined third and fourth periodic report of Spain under the Convention (CRC/C/ESP/3-4) in Chamber A. In Chamber B the Committee will begin consideration of the initial reports of Sierra Leone under the Optional Protocols to the Convention on the involvement of children in armed conflict (CRC/C/OPAC/SLE/1) and on the sale of children, child prostitution and child pornography (CRC/C/OPSC/SLE/1).

Report of Angola

The combined second through fourth periodic report of Angola (CRC/C/AGO/2-4) notes that integrating the Angolan population is a challenge due to the effects of over 30 years of armed conflict, whose principal protagonists were children. They find themselves required to move, seeking safety in other localities and supporting the youngest, and they become involved in different types of child labor. While the torture, cruel, inhumane and degrading treatment that was being inflicted on children ceased with the end of the armed conflict, accusing children of practicing sorcery generated a wave of violence against them. The majority of children accused of sorcery are rejected by the family and some have lost their parents or have fallen ill. At the time they are accused, many of these children have already experienced violence, mistreatment and abandonment, which are the frequent consequences of the accusations. These accusations are directed against some of the most vulnerable persons in the communities and families, because they involve extremely serious forms of violence punishable by the law, and because they almost irreversibly jeopardize the future of children of all ages.

The report also highlights the measures taken to tackle child abuse and care for victims. The Angolan authorities have created the Violence against Women and Children Unit to pay more attention to the cases of violence, the Psychology Section has been established in the National Criminal Investigation Department to care for victims, and the National Children’s Institute has conducted awareness raising campaigns and created public service areas where it provides mediation for cases of non-compliance with parental obligations. A National Strategy to Prevent and Mitigate Violence against Children has also been prepared, aiming to mitigate neglect and abuse by carrying out a set of programmes in conjunction with agencies of the State, the Government and civil society. Although the measures taken have been positive, there is still much to be done and various difficulties persist. The Action and Intervention Plan against the Commercial Sexual Exploitation of Children, for example, has not been implemented with the required efficiency.

Presentation of Report

MARIA DA LUZ DO ROSARIO CIRILO DE SA MAGALHAES, Deputy Minister of Social Assistance of Angola, said Angola had made major progress in terms of social development, notably thanks to the strategic plan aimed at safeguarding children’s issues on the top of the national agenda. For example, by decree No 20/07 of 20 April, the Angolan Government had created the National Council of Children, which was responsible for promoting social cohesion and overseeing the policies on the promotion and protection of children's rights. This organ had produced notable progress at the national, provincial and municipal levels.

The Angolan executive had entered into eleven commitments to protect children through resolution 5/08 of 18 January. These commitments had been translated into a coordinated multi-sectoral plan. Its implementation was regularly monitored by the National Council of Children and the provincial councils that had been established to directly follow through the planned actions at a provincial level. Angola’s current constitution also represented an innovative legal framework which was fairly efficient and ensured the scrupulous observance of the Convention on the Rights of the Child.

Angola had also made notable progress in achieving the Millennium Development Goals as highlighted by the significant drop in the percentage of people living in poverty, the rise in school attendance rates, and the drop in under-five child mortality rates. Similarly, the percentage of underweight children as well as maternal mortality and malaria deaths had dropped and HIV/AIDS prevalence rates remained low.

Authorities had also promulgated a decree providing for free birth registration and free identity cards for children below the age of 11, had strengthened Municipal centres, and made efforts to reinforce social mobilization so as to promote maternal child health. Training, monitoring and assessment activities had also been improved, numerous activities to prevent and combat violence had been implemented and a campaign to reduce child and maternal mortality delivered. Further, a commission to look into child and maternal death had been established and authorities had implemented special programmes for the return and reinsertion of refugees, internally displaced persons and vulnerable children. All of this highlighted that the Angolan executive truly considered children a top priority on the national agenda.

Questions by Experts

LOTHAR FRIEDRICH KRAPPMANN, the Committee Expert serving as Rapporteur for the reports of Angola, said ten years ago it was hard to imagine that Angola would be one of the middle-income developing countries less than a decade later. But in spite of this impressive development, the aftermath of the war was still clearly visible and presented severe challenges to both development and welfare.

The Committee commended that children's rights were included in the new Constitution, that the Government has made eleven significant commitments, that the fora on children provided the opportunity to strengthen the implementation of children's rights, and that several bodies and institutions of high importance for children had been established.

However, some of the authorities’ activities stimulated the request for more information. For example, how could the Government coordinate the biannual action plan of the National Council of Children, the national strategy to prevent and combat violence against children, the promotion and protection of child rights networks, and the medium term development plan? The problem seemed to be even more crucial when the provincial and local level was included in the activities. Could the delegation help the Committee understand the effective implementation and coordination of these ambitious plans?

Turning to the National Council of Children, Mr. Krappmann asked whether that body was really adequately equipped with resources, staff and mandate, and whether it was not overburdened with coordinating all plans and involved institutions. Also, could the delegation comment on information that many activities did not go beyond Luanda and its vicinity?

The Rapporteur also requested information on the Promotion and Protection network, particularly whether this was a community initiative, an activity of professional groups or a civil society initiative. Angola was a country with rich resources, but many indicators reflected that the wealth did not seem to be effectively used to increase life expectancy, reduce poverty, and provide access to fresh water, among other things. Angola was therefore found on a surprisingly low rank on the Human Development Index and too much money disappeared or never reached the accounts of the State party, the Rapporteur noted.

Mr. Krappmann did not see from the report that children’s views were given weight in the plans, strategies and networks. They had the right to be listened to in administrative and judicial processes on matters which immediately affected them, but was this effectively practiced? Even more worrying, in addition to children not being listened to, their rights were disrespected, a children’s Parliament was dissolved, children’s urgent requirements were not considered, and the police treated adolescents extremely roughly. Could the delegation comment on these facts?

Other Experts then asked a number of questions, pertaining to, among other things, whether the Angolan commission on legislative revision had started its work yet, and if so, whether progress reports were available; what had been done in terms of corporal punishment since the adoption of the new constitution; whether a national action plan had been developed to stop violence against children; what was planned in relation to the Durban Declaration and Programme of Action; and whether the delegation could update the Committee on actions to prevent discrimination against disarmed children.

Committee Members further wished to know what the place of the Convention was in the domestic law, and whether judges could use the provisions of the Convention in practice. Also, had judges been trained in children's rights, were they also trained on the progress in the Convention, and were potential children's rights judges deterred by low salaries?

An Expert noted that Angola had made significant progress in terms of data collection and consolidating statistics. However, much remained to be done and the Committee would like to know more about the Government’s plans to step up efforts in this area, including at the provincial level.

Article 80 of the Angolan Constitution mentioned the best interest of the child, which was a key principle of the Convention, but could the delegation explain how this was done in practice, what the criteria were for distributing resources, and how far the budget distribution took into account the best interest of the child?

The delegation was also asked about the corporate responsibility of private sector actors, particularly those involved in the mining, oil and diamond industry. What were the conditions within which enterprises operated in terms of social and environmental responsibility? This directly influenced children’s enjoyment of their rights. Did the Government take this into account, and did it have any plans in that regard?

On birth registration, an Expert wished to know why there was such a long period for issuing birth registrations and why only 32 per cent of children were registered by the age of 1. Relating to this, it remained unclear whether professionals were helping with the registration and whether this happened automatically for home births. Also, refugee children born outside Angola needed birth certificates to access school and other services. How were the authorities stepping in if the children were not registered, the Expert asked, and how did authorities help children over five who still did not have a birth certificate.

A recent study highlighted that Angolan children continued to be accused of sorcery, a Committee Member said, asking what steps had been taken to eliminate such practices, whether such child victims received help, and whether they were admitted to educational institutions.

Response by the Delegation

Responding to those questions and others, the delegation said the National Council of Children was created in 2007, pursuant to a 2004 recommendation of the Committee, with the objective of securing the integral development of children. The chair of the Council was appointed by the President and its members included representatives from Government, civil society and professional organizations. The Government had no power to elect the representatives of civil society bodies and could only witness their election. The Council worked on a two-year mandate and each President could be carried over for two mandates. With the creation of the Council, Angola now had a multi-sectoral way of implementing children's rights issues in close collaboration with key stakeholders.

Following-up on this explanation, the Committee underscored that it was at the municipal level that children most urgently needed assistance, so how was the budget handed down from the national to the local level, and what was the role of children in the Council? Did they have an opportunity to voice their views on the national and municipal levels?

Responding, the delegation said the budgets were allocated to the ministries and municipal Governments, in this was being done in a visible fashion. Children were able to participate both in the Council’s plenary session and at the municipal level, for example by setting forth their concerns and proposals through youth organizations.

With regards to the Provedor de Justiça, the delegation explained that that organ was comprised of specialized people trained to deal with children's issues, and that its budget was independent but had to be approved by Parliament.

Angola had taken part in the Durban meetings and was analyzing relevant bills in Parliament, the delegation went on to say. The country’s Constitution was in general receptive to all international norms and treaties, particularly the Convention on the Rights of the Child, which was applicable in Angola. Those treaties and Conventions that Angola had not yet adhered to were currently being studied and considered for ratification. It was important to bear in mind that Angola had gone through a difficult history and was unable to do things overnight after only eight years of peace.

Judges could apply international treaties directly as long as they had been accepted by Angola, the delegation explained, adding that all legal service employees had a proper pay and were entitled to diplomatic passports. In fact, judges had sufficient advantages to get their job done properly.

Asked what would happen if a child protection agency was informed of child abuse, the delegation explained that such cases would be reported to the police and the victim would be given health and psycho-social assistance as appropriate.

In terms of whether abortion of a fetus with serious defects was allowed, the delegation said this was not specified by Angola’s legislation but currently being studied. However, clinical abortion was legal and had been practiced whenever there was a danger to the mother’s health or in rape cases.

Responding to another question, the delegation said the legal age in Angola was 18 years, but with marriage an individual became an adult immediately. In criminal terms, adulthood stood at 14 or 16 years of age. Minors up to the age of 14 were covered by social protection measures while minors between 14 and 16 years would come under the criminal prevention measures. The difference was that social protection measures aimed at trying to understand why the child got involved in criminal activities, whereas under criminal prevention measures children were put in care centres to be re-educated.

Further Questions by Experts

LOTHAR FRIEDRICH KRAPPMANN, the Committee Expert serving as Rapporteur for the reports of Angola, in a second round of questions and comments, asked how the Government would ensure that family counselling and financial support programmes not only reached a small group of families, as was currently the case. And where was the professional competence for counselling and who could help overburdened mothers establish close relationships with their children?

Mr. Krappmann was concerned about Angola’s extremely unfavourable rank on the Gini inequality index. This indicated that the means to eradicate poverty were available in the country, so why were they not being used, the Rapporteur asked.

As a party to the Covenant on Economic, Social and Cultural Rights, Angola was obliged to establish a detailed plan and indicate when it would enrol all children in school - did the Government have such a plan and could information be provided on the relevant budget and timeline?

The Rapporteur also asked for additional information on the budget allocated to technical and vocational education, which had apparently increased massively, why human rights education was not available and how this would be improved.

Other experts then asked a number of questions, including whether there were national school programmes to improve adolescent health, especially regarding teenage pregnancies; what the role of business was in tackling child sex tourism; and whether thought had been given to reinserting children into society rather than keeping them in prison.

Experts also wished to know whether social and legal measures existed to stop child abuse and neglect and what the roles and responsibilities were in that regard; whether labour inspection mechanisms were in place for the non-formal sectors; and how child labour could be eliminated if this was not the case.

The delegation was also asked whether disabled children enjoyed the same rights as non-disabled children regarding education, health and social integration; whether there were any awareness raising programmes on disabled children; what the age of sexual consent and the minimum age for marriage was; and whether the delegation could comment on the issue of stateless children.

Statistics suggest that about 50 per cent of child pregnancies correspond to girls under the age of 18, which was a huge figure, an Expert noted. Angola had a reproductive health plan which included an adolescent component, but what exactly did that component mean in practice, the Expert asked, adding that sexual as well as mental health should be included. The Expert also wanted to know how gender links were handled, given that pregnant girls often dropped out of school. As for harmful practices, these were closely linked to early marriages and the disempowerment of girls due to their lack of access to education. Did the Government plan to undertake a study on this phenomenon and its causes in Angola, the Expert wondered.

Turning to HIV/AIDS, a Committee Member said various sources provided very different incidence rates. Could the delegation provide exact information on this epidemic, on the use of contraceptives as well as the Government’s plans to maintain low HIV/AIDS levels, for example by avoiding vertical transmission? Was there an integrated approach for children of people living with HIV/AIDS, how many children were being adopted, how could the numbers be explained, and how was that process organized, the Expert asked.

Another Committee Member noted that there was no exact information on orphans and other vulnerable children. Could the delegation please provide details on this, on the kind of training that foster families received, and whether preparation for children leaving the foster care system was provided? It would also be good to know whether measures had been taken for the reintegration of children who had been involved in the hostilities and how landmine victims were cared for.

Response by the Delegation

Responding to those questions and others, the delegation said 30 per cent of the state budget went to the social sector. This represented 152 USD per person per year for health, which was not a very good level but fairly satisfactory. Hospitals took up a large part of this sum and the budget for 2011 was currently being worked on with a different perspective to resolve this. Namely, there was an aim to create health budgets at municipal levels, including packages for children and mothers, as well as institution-building and addressing HIV/AIDS and other pandemics. A part of companies’ benefits from natural resource extraction was also given to the social sector and the Government was committed to creating an Angolan Fund for Children. Asked whether companies were obliged by law to contribute to the social system or whether this was done out of pure philanthropy, the delegation explained that at present there was no public policy on this, but Parliament would shortly consider two decrees on companies’ environmental responsibility.

As to how national plans could make a difference at municipal level, the delegation said in August the Angolan executive held a forum to improve the accessibility, quality and coverage of the primary health care sector. This forum, which included the participation of high-level representatives and was sponsored by the Angolan President, led to the development of networks that also worked at the municipal level.

This was interesting, but where did all the professional service providers come from, an Expert wished to know. Was Angola receiving any support from foreign partners in this regard? Responding, the delegation said six university-level medicine courses had been started with support from Cuba, each of which involved about 60 students from various districts, and as of 2013, every year there would be about 600 doctors coming out in addition to the private universities. Angola also had intermediate level schools which had been deactivated in 2001 due to the war but were now being reactivated. Angola had further signed agreements with countries such as Brazil and Portugal to provide more intermediate level training, and midwife schools in Luanda were being spread out to several other provinces with help from the World Bank. At the municipal level, authorities also worked with community agents working in the field.

Moving on, the delegation said Angola’s HIV/AIDS current prevalence was about 2.1 per cent according to a study conducted by the World Health Organization, which suggested a decline in HIV/AIDS infection rates. The Government had a new strategic plan until 2015 which took into account HIV/AIDS prevention among vulnerable groups as well prevention of vertical transmission.

Asked for further information on the efficiency and availability of adolescent health services, particularly for young girls outside Luanda, the delegation affirmed that such services existed. It also drew attention to the over 200 non-governmental organizations that provided counselling services as well as the international non-governmental organizations that worked outside Luanda at the village and municipal levels. Family planning content would also be included in secondary and university level education once the curricula were reviewed in the context of the 2015 strategic plan.

On statistics, the delegation said a national survey had not been conducted for more than 40 years due to the conflict, but a programme to carry out a new census had been approved at the highest level. This would allow collating data at a national level and throughout sectors such as education, health and water, enabling a better analysis of the current situation.

Turning to education, the delegation said between 2004 and 2008 fifty-three technical schools had been built and secondary schools were being built and there were plans to expand the higher education system throughout the country.

Reacting to concerns about high rates of school drop-outs and schools requesting enrolment fees, the delegation said all public schools were free of charge and the only paying schools were private schools. The drop-out rates were indeed still very high, but were steadily decreasing.

As regards violence against children in schools, Angola’s legislation was clear that psychological violence was a punishable crime and a child-friendly school model with measurable indicators had been introduced in 2007. This approach ensured that children had an active voice and that communities were able to measure their children’s rights at school. Sexual rights and human rights were also included in school curricula so that children were able to prevent involuntary pregnancies and HIV/AIDS.

Asked how the Government planned to tackle problems in the pre-school system, the delegation said for a long time after the war it had been difficult to set up this system, leaving this mostly up to families. The pre-school offer was still insufficient with just over 9 per cent of the 6 million children under 5 having access to pre-school education, but the Government planned to extend the coverage and would implement community care programmes starting this year.

Abandoned children were mostly placed in the hands of the normal family network and institutions were only considered as a last resort. Particular emphasis was given to the national programme of family reunification, which was launched after the war, but often the needs of such children could not be dealt with comprehensively. There was also a successful programme for reintegrating children into families, but for around 5 per cent of all abandoned children a satisfactory solution had still not been found. In addition to the adoption programmes, an increasing number of children were being cared for in foster homes.

The delegation went on to say that Angola had gone through a lengthy conflict that resulted in four million internally displaced persons and a lot of family destruction. However, Angola’s executive focused on strengthening family competence skills and educating and empowering families so that they could increase their revenue, and Angola had a poverty reduction strategy which aimed at providing basic social services. Future spouses also received training to understand that marriage needed to be based on love and the Government was revising its Family Code to ensure it was adapted to the current situation of families.

To counter violence in the family, a draft bill against domestic violence was being prepared and family advice centres to manage family conflicts and violence against women and children were operational. An Expert said these structures could undoubtedly mitigate conflict between family members, but what specifically had been done to make people more aware of harmful traditions against children? Responding, the delegation explained that, as violence had turned into a serious social problem, efforts had been made to combat domestic violence in all its forms. This included a law that penalized domestic violence and the deployment of mobile teams with qualified people to deal with violence.

The State had also set up centres that provide support to child victims of witchcraft, educators and social assistants had been working with such victims, and the Angolan authorities had been implementing the recommendations of a 2006 study on witchcraft related crimes. In terms of numbers, currently only about 10 cases were known in Angola. While this was a huge improvement, studies were being carried out to have a deeper understanding of the situation and eradicate this crime.

The Government had also attempted to tackle child labour through awareness raising campaigns that targeted families, children and employers, as well as through an action plan aimed at eliminating exploitation via education. Sexual exploitation and child trafficking were illegal under Angola’s Criminal Code and there were several legal proceedings against perpetrators.

Turning to the administration of justice, the delegation said that legal students studied the Convention; that judges were provided with updated information on the Convention; that the commission on legislative reforms was already operational and regularly produced status reports; that in Luanda there was a court for juvenile justice whereas outside the capital these issues were dealt with by provincial courts; and that rape was punished with prison sentences.

On this last point, an Expert wished to know what measures had been taken to limit the impact of sexual violence on family members, and how family harmony was re-established after such events. The delegation explained that priorities were placed on mediation and psycho-social support to help children deal with the rupture of the families that often resulted from such crimes.

Answering questions about birth registration, the delegation asserted that registering was also possible for children outside of Angola, and those who had not been registered until the age of 5 and children who were still not registered could nevertheless enrol at school. Much remained to be done regarding the registration of births, but the Government was well aware that the scale of the problem was huge and was doing its best to address this issue.

The delegation said children with special educational needs were educated in special schools or schooled through technical experts. In accordance with Angola’s constitution, according to which everyone must be treated equally, there was thus no discrimination against such children.

The delegation said that it could not be denied that sexual relations between children happened in Angola, particularly between children in institutions and older children who were acting against defenceless younger children. In all identified cases both the victims and the perpetrators were provided with appropriate psychosocial support.

Speaking of psychosocial support, how could such services be provided to families living under the poverty line, an Expert asked. There were special programmes providing assistance to those families, the delegation said, but explained that the aim of Angola’s executive was to improve the status of those poor families, for example by enrolling them in micro-credit programmes. Those programmes included income-generating activities as well as a family component that provided other types of support. While these programmes were fairly successful in helping families to become independent, it was still quite challenging. Angola also participated in the global campaign for micro-credit and there was a rural development programme that provided schooling for people to help them identify what they wanted to do and how they could do it.

Preliminary Concluding Observations

LOTHAR FRIEDRICH KRAPPMANN, the Committee Expert serving as Rapporteur for the reports of Angola, in preliminary concluding observations, said the additional information received had been necessary as the reports were from 2008, covering the period from 2004 to 2007, and it would have been desirable to have today’s dialogue closer to the reporting period. The Committee appreciated that the delegation comprised representatives of all ministries dealing with children and their rights.

The Committee recognised the positive developments in Angola and the trends in the data pointed in a positive direction. Some developments were slow, and many had not yet come to a satisfactory level or rank – poverty was too widespread, and school attendance too low, for example – but the Committee was confident that positive trends would continue.

Mr. Krappmann still wondered how all the activities could be monitored and evaluated, but he was confident that Angola could manage this thanks to its resources. Speaking of resources, however, the Rapporteur had in mind the picture of a sleeping giant: Angola should wake up and use its power. It could mobilize more means and resources than it does at present. There were constraints, such as the professional capacity, but these could be tackled through education, which was a cornerstone for the country’s development. The Rapporteur hoped that Angola could rebuild a high-quality education system and was confident that this could be achieved as Angola was highly committed, as highlighted by the Government’s 11 commitments.

MARIA DA LUZ DO ROSARIO CIRILO DE SA MAGALHAES, Deputy Minister of Social Assistance of Angola, thanked the Committee for the attention given to Angola’s reports. The questions raised by Committee Members were a demonstration of the international community’s concern for the human rights situation in Angola. The concerns that had not sufficiently been addressed today would be worked on in Angola. Angola was well-prepared for the challenges ahead, it believed it was making progress and it would continue to promote actions to protect children in general.

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