University of Minnesota




Concluding Observations of the Committee on the Rights of the Child, Uzbekistan, U.N. Doc.
CRC/C/UZB/CO/2 (2006).


 


COMMITTEE ON THE RIGHTS OF THE CHILD

Forty-second session

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE CONVENTION

Concluding observations: Uzbekistan

1. The Committee considered the second periodic report of Uzbekistan (CRC/C/104/Add.6) at its 1133rd and 1135th meetings (see CRC/C/SR.1133 and 1135), held on 19 June 2006, and adopted at the 1157th meeting, held on 2 June 2006, the following concluding observations.

A. Introduction

2. The Committee welcomes the submission of the State party’s second periodic report, as well as the detailed written replies to its list of issues (CRC/C/UZB/Q/2), which gave a clearer understanding of the situation of children in the State party. It further welcomes the constructive dialogue during the discussion.

B. Follow-up measures undertaken and progress achieved by the State party

3. The Committee notes with appreciation:

(a) The information about the progress in the implementation of the National Plan of Action, adopted in 2001, based on the recommendations of the Committee on the Rights of the Child;

(b) The information that a law on the Guarantees of the Rights of the Child has been drafted;

(c) The declaration of the delegation about the possible establishment of the Ombudsperson for Children.

GE.06-42484 (E) 130606

C. Principle areas of concern and recommendations

General measures of implementation
(arts. 4, 42 and 44, para. 6 of the Convention)

Committee’s Previous Recommendations

4. The Committee notes with satisfaction that various concerns and recommendations (CRC/C/15/Add.167) made upon the consideration of the State party’s initial report (CRC/C/41/Add.8) have been addressed through legislative measures and policies. However, recommendations regarding, inter alia, adoption of a comprehensive children’s code, non‑discrimination, ill-treatment and abuse of children, the protection of refugees and displaced children and street children, and child labour and administration of juvenile justice have not been given sufficient follow-up. The Committee notes that those concerns and recommendations are reiterated in the present document.

5. The Committee urges the State party to make every effort to address those recommendations from the concluding observations of the initial report that have not yet been implemented and to address the list of concerns contained in the present concluding observations on the second periodic report.

Legislation and implementation

6. The Committee notes the efforts on legislative reform made by the State party, such as the review of existing legislation on the Office of the Ombudsperson and the various bills prepared by the National Human Rights Centre (e.g. the draft law on the Guarantees of the Rights of the Child), but it is concerned at the lack of enactment of new laws.

7. The Committee recommends that the State party complete as soon as possible the current legislative efforts with a view to bringing the law into compliance with the provisions of the Convention (e.g. by adopting the law on the Guarantees of the Rights of the Child ), thereby ensuring that the principles and the provisions of the Convention are fully integrated in the laws of the State party.

8. The Committee further recommends that the State party ensure adequate financial and human resources for an effective implementation of new laws in accordance with the Convention.

Coordination and National Plan of Action

9. While noting the National Plan of Action to implement the recommendations of the Committee on the Rights of the Child adopted in 2001, the Committee is concerned that it does not cover the full scope of the Convention. The Committee takes note of the Cabinet of Ministers, but it is concerned that the State party does not have a coordinated approach for the implementation of the Convention. One area of particular concern is the coordination of the national and local governmental offices responsible for children’s issues.

10. The Committee recommends that the State party develop, in collaboration with civil society, a national plan of action for the full implementation of the Convention that takes into account, inter alia, the Plan of Action “A world fit for children” adopted by the General Assembly special session in May 2002, e.g. by expanding the current national plan of action to all the principles and provisions of the Convention. The Committee also urges the State party either to establish a body at the inter-ministerial level or entrust an existing one within its administration with a clear mandate to coordinate all activities related to the implementation of the Convention, and to provide it with the necessary human and financial resources.

Independent Monitoring

11. The Committee welcomes the information that the Office of the Ombudsperson receives and deals with complaints on violations of children’s rights. However, the Committee is concerned at the reported insufficient financial and human resources of the Office of the Ombudsperson, and that it may not be a fully independent national institution in accordance with the Paris Principles.

12. The Committee recommends that the role of the Office of the Ombudsperson be strengthened in accordance with the Paris Principles (General Assembly resolution 48/134, annex), taking into account the Committee’s general comment No. 2 (2002) on the role of independent national human rights institutions in the promotion and protection of the rights of the child (CRC/GC/2002/2), and that the State party provide the Office of the Ombudsperson with adequate human and financial resources. The Committee also recommends that the State party further strengthen the expertise of the Office to deal with complaints submitted by or on behalf of children; ensure that the procedure for dealing with these complaints are child-sensitive, easily accessible; and further pursue the establishment of Children’s Ombudsperson as foreseen in the draft law on the Guarantees of the Rights of the Child .

Resources for children

13. The Committee welcomes the information on the significant increase of budget allocations for health care, preschool and primary education, but is concerned that allocated financial resources are not resulting in significant improvements and that some areas covered by the Convention are not sufficiently provided with financial resources.

14. The Committee encourages the State party to further increase its budget allocations for the implementation of all provisions of the Convention (in line with article 4) and to provide detailed information about the results in its next report. The Committee further recommends that the State party take measures to ensure that budget allocations are spent in the most efficient and effective way in order to achieve the necessary improvements.

Data collection

15. The Committee welcomes the efforts of the State party to improve data collection, e.g. by developing a list of indicators to be used at various levels, but it remains concerned that disaggregated data on persons under the age of 18 years relating to the rights contained in the Convention are not systematically collected and used effectively to assess progress and design policies to implement the Convention.

16. The Committee urges the State party to continue and strengthen its efforts to develop a comprehensive system for collecting data on all areas of the Convention to cover all those under the age of 18 years as a basis for assessing progress achieved in the realization of the children’s rights and to help design policies to implement the Convention. It also recommends that the State party seek technical assistance from, inter alia, the United Nations Children’s Fund (UNICEF) in this regard .

Dissemination and training

17. The Committee welcomes the efforts made by the State party to organize information and training activities. However it remains concerned that there does not seem to be a systematic training programme, and that children and the public at large, as well as many professionals working with and for children, are not sufficiently aware of the provisions of the Convention and the rights-based approach enshrined therein.

18. The Committee recommends that the State party:

(a) Strengthen public awareness campaigns on the Convention aimed at the general public and specifically at children;

(b) Develop a systematic training programme on the principles and provisions of the Convention at both the national and local levels, addressed to all professionals working with and for children, in particular teachers, judges, parliamentarians, law-enforcement officials, civil servants, local administrative workers, local authorities, Mahalla Committees, personnel working in relevant institutions and health personnel, including psychologists and social workers.

1. Definition of the child
(art. 1 of the Convention)

19. The Committee welcomes the information that the minimum age of marriage will be set at age 18 for both girls and boys as recommended in previous concluding observations.

20. The Committee recommends that the State party expedite the legislative reform to that effect.

2. General principles
(arts. 2, 3, 6 and 12 of the Convention)

Non-discrimination

21. While noting that according to the 1992 Constitution all children are equal before the law and that it guarantees to children respect of their rights without discrimination, the Committee is concerned at the lack of specific anti-discrimination legislation and at the low level of awareness of international anti-discrimination standards among judges, lawyers and law-enforcement personnel.

22. The Committee is also concerned at the prevailing disparities in the enjoyment of rights of children, in particular those belonging to the most vulnerable groups such as refugees, asylum-seekers, internally displaced children, children with disabilities, abandoned children and those living in institutions and in regions with socio-economic development problems.

23. Furthermore, the Committee remains concerned about the continuing existence of a compulsory residence registration system (propiska), as it affects the enjoyment of a number of rights and freedoms of children, placing them in more vulnerable circumstances.

24. The Committee recommends that the State party:

(a) Adopt specific anti-discrimination legislation, as also recommended by the Committee on the Elimination of Racial Discrimination in its concluding observations adopted in April 2006 (CERD/C/UZB/CO/5, para. 9);

(b) Take necessary measures to ensure that all children enjoy their rights and freedoms without de facto discrimination;

(c) Ensure that the existing compulsory residence registration system (propiska) does not limit the rights and freedoms of children;

(d) Undertake (all necessary) proactive measures to combat societal discrimination, in particular against girls, refugee and asylum-seeking and internally displaced children, children with disabilities, abandoned children and those living in institutions and in regions with socio-economic development problems through inter alia public education and awareness campaigns;

(e) Launch a comprehensive public education campaign to prevent and combat all forms of discrimination;

(f) Undertake training activities for local authorities, Mahalla Committees, judges, lawyers and law-enforcement personnel on international anti-discrimination standards.

25. The Committee reiterates its request that specific information be included, in the next periodic report, on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and taking into account general comment No. 1 on article 29, paragraph 1, of the Convention (aims of education).

Best interests of the child

26. While taking note of the intention of the State party to incorporate the principle of best interests of the child in the domestic legislation, the Committee is concerned that the principle of the best interests of the child is not yet reflected in legislation and appears not to be fully respected in practice.

27. The Committee recommends that the State party incorporate the principle of best interests of the child in the domestic legislation related to children, inter alia within the draft law on the Guarantees of the Rights of the Child, and encourages the State party to promote this principle in the society at large and in particular among parents and professionals working with and for the children (see paragraph 18 (b)) and the Mahalla Committees through, inter alia, public education and awareness campaigns.

Respect for the views of the child

28. The Committee reiterates its concern that traditional societal attitudes towards children limit the respect for their views, within the family, schools, other institutions and society at large .

29. The Committee recommends that the State party, in accordance with article 12 of the Convention:

(a) Promote and facilitate respect for the views of children and their participation in all matters affecting them;

(b) Ensure that children be provided the opportunity to be heard in any judicial and administrative proceedings;

(c) Provide educational information to, inter alia, parents, professionals working with and for the children (see paragraph 18 (b)), the Mahallas Committees and society at large on children’s right to have their views taken into account and to participate;

(d) Undertake a regular review of the extent to which children’s views are taken into consideration and of the impact this has on policies, programmes and on children themselves .

3. Civil rights and freedoms
(arts. 7, 8, 13-17 and 37 (a) of the Convention)

Birth registration

30. The Committee is concerned at the existence of fees for the issuance of birth certificates, which affects in particular families living in poverty, and that refugee families face particular difficulties when attempting to register their children.

31. The Committee urges the State party to take all necessary measures to ensure that children are registered immediately after birth. The Committee also urges the State party to ensure that the national legislation regulating birth registration is in accordance with the provisions of article 7 of the Convention, and to abolish the practice of charging fees for birth certificates and ensure full implementation of this prohibition.

Right to life

32. The Committee is concerned at the reports of children being killed during the events in Andijan on 13 and 14 May 2005, and at the lack of independent investigations into these cases.

33. The Committee urges the State party to establish an independent commission of inquiry into the incidents of 13-14 May 2005 in Andijan, and to invite the Special Rapporteur on extrajudicial, summary or arbitrary executions, and other special procedure mandate holders who have made specific requests, to visit the country.

Protection of privacy

34. While noting that the right to privacy of correspondence and telephone conversations is protected in article 27 of the Constitution, the Committee is concerned at the lack of information on rules, regulations and practice regarding the protection of this right, particularly for children in institutions.

35. The Committee recommends that the State party submit specific information on these rules, regulations and practice, and on the procedure for submission and handling of complaints in case of violations of the rights to privacy.

Torture and other forms of ill-treatment

36. While noting the National Plan of Action for the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Committee is deeply concerned at the numerous reports of torture and ill-treatment of persons under the age of 18 years, and the reportedly insufficient efforts by the State party to investigate allegations of torture and prosecute the alleged perpetrators. The Committee is also concerned at the definition of torture in the State party’s Criminal Code, which seems to allow for various interpretations by the judiciary and the law enforcement authorities.

37. The Committee urges the State party:

(a) To amend the relevant provisions of its Criminal Code in order to ensure a consistent interpretation of the definition of torture by the judiciary and the law enforcement authorities, as recommended by the Committee against Torture and the Human Rights Committee in 2002 and 2005, respectively (CAT/C/CR/28/7 and CCPR/CO/83/UZB);

(b) To undertake systematic training programmes at the national and local level, addressed to all professionals working with and for children (see paragraph 18 (b)), and the Mahalla Committees, on prevention of and protection against torture and other forms of ill-treatment;

(c) To investigate the allegations of torture and ill-treatment of persons under 18, and take all measures to bring the alleged perpetrators to justice;

(d) To implement the National Plan of Action for the implementation of the Convention against Torture and pay particular attention to measures related to children.

4. Family environment and alternative care
(arts. 5; 18, paras. 1-2; 9-11; 19-21; 25; 27, para. 4; and 39 of the Convention)

Separation from parents and alternative care

38. The Committee reiterates its concern that a high number of children, especially with disabilities, are abandoned or are otherwise deprived of a family environment. The Committee also reiterates its concern that foster care or other forms of family-based alternative care are not yet sufficiently developed and available. The Committee is also concerned at the high number of children in institutions, and that children are often placed in institutions due to parent’s lack of economic means or their migrating to other countries in pursuit of work. The Committee is further concerned about the quality of care and living conditions of children placed in institutions .The Committee also notes with concern the lack of effective mechanisms for children to communicate concerns and complaints about their placement in institutions, as well as the lack of follow-up measures to support children who leave institutional care.

39. The Committee urges the State party:

(a) To adopt a comprehensive strategy and take effective measures to reduce and prevent the abandonment of children and the deprivation of their family environment, e.g. community programmes at local level, inter alia, those aiming at poverty reduction, services accessible to parents, training programmes for parents, parental guidance and counselling, and family mediation services;

(b) To develop policies and procedures to ensure that children do receive, when necessary, adequate alternative care that fully respects the provisions of the Convention;

(c) To ensure that the implementation of the law on the Guarantees of the Rights of the Child respects the principles of the Convention in particular with regard to family environment, adoption, parental authority, legal guardianship, foster placement, placement in institutions;

(d) To take measures to increase and strengthen foster care, in particular family-type foster homes and other family-based alternative care, and to place children in institutions only as a last resort;

(e) To ensure that the decisions to place children in institutions be for a certain period of time and examined periodically to evaluate the possibility that the child might be reintegrated into his/her family or identifying an adoptive family;

(f) To take all necessary measures to ensure that children are placed in institutions only as a last resort, and that they enjoy all rights of the Convention and in particular receive appropriate protection, education and health care, and that the living conditions in institutions are of the highest standard and regularly monitored;

(g) To strengthen complaints mechanisms for children in institutions to ensure that they deal with complaints of ill-treatment effectively and in a child-sensitive manner.

Adoption

40. The Committee reiterates its concern at the practice of keeping the identity of biological parents of the adoptee secret, and at the reports of abuses of adoption procedures and the lack of information on inter-country adoptions.

41. The Committee urges the State party:

(a) To establish a comprehensive national policy and guidelines governing adoption in order to ensure that domestic and inter-country adoption is performed in full compliance with the best interests of the child and the appropriate legal guarantees in accordance with the Convention;

(b) To ensure that adopted children at the appropriate age have the right to access to the identity of their biological parents;

(c) To strengthen its monitoring of inter-country adoptions, in particular by ratifying and implementing the 1993 Hague Convention No. 33 on Protection of Children and Cooperation in Respect of Inter-country Adoption.

Child abuse and neglect

42. The Committee expresses its concern at the reports of abuse and neglect with regard to children that take place in families and institutions, and at the lack of an effective reporting system. The Committee is also concerned at the lack of specific legislation on domestic violence.

43. The Committee recommends that the State party:

(a) Adopt specific legislation on domestic violence, and that it provide a definition of domestic violence and consider domestic violence as a criminal offence;

(b) Carry out effective public-awareness campaigns and adopt measures to provide information, parental guidance and counselling with a view, inter alia, to preventing violence against children;

(c) Carry out systematic training and awareness campaigns at the national and local level addressed to all professionals working with and for children (see paragraph 18 (b)), as well as the Mahalla Committees on prevention of ill-treatment and neglect of children within the family, in schools and in institutions;

(d) Establish an effective system for the reporting of child abuse and neglect and provide training for professionals working for and with the children on how to receive, monitor and investigate complaints in a child-sensitive manner, and how to bring the perpetrators to justice;

(e) Ensure access to counselling for all victims of violence as well as assistance for their recovery and social reintegration.

Corporal punishment

44. While noting that corporal punishment is prohibited in schools, the Committee notes with concern the reports that it is widely practiced in the family and in institutions.

45. The Committee recommends that the State party take into account its general comment No. 8 on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (2006), and:

(a) Prohibit corporal punishment by law in institutions and the family and ensure that legislation is properly enforced in schools and institutions, and complied with in the family;

(b) Carry out public education campaigns about the negative consequences of ill‑treatment of children in order to change attitudes about corporal punishment, and promote positive, non-violent forms of discipline in schools, in institutions and at home.

5. Basic health and welfare
(arts. 6; 18, para. 3; 23; 24; 26; 27, paras. 1-3 of the Convention)

Children with disabilities

46. The Committee is concerned that children with disabilities remain disadvantaged in the enjoyment of their rights guaranteed by the Convention, and are not fully integrated into the education system as well as into recreational or cultural activities.

47. The Committee recommends that the State party:

(a) Review all policies affecting children with disabilities to ensure they meet the needs of children with disabilities and are in accordance with the Convention and the Standard Rules on the Equalization of Opportunities for Persons with Disabilities adopted by the United Nations General Assembly on 20 December 1993 (A/RES/48/96);

(b) Ensure that children with disabilities may exercise their rights to education and facilitate their inclusion in the mainstream education system;

(c) Increase the human and financial resources allocated to mainstream education and services for children with disabilities, and when necessary, increase the human and financial resources allocated to special education for children with disabilities;

(d) Promote greater integration of children with disabilities into recreational and cultural activities;

(e) Pursue efforts to avoid the marginalization and exclusion of children with disabilities.

Health and health service

48. The Committee takes note of the State party’s efforts towards health sector reform aimed at strengthening the preventive health services, making curative services more effective and efficient, and strengthening management at the local level. The Committee also acknowledges the high immunization coverage throughout the country, and the initiative from the Ministry of Health to start introducing the World Health Organization (WHO) live birth definition. However, the Committee remains concerned at discrepancies between urban and rural areas regarding infant and under-five child mortality, and at the continuing need for primary health care at community level and the implementation of effective nutrition programmes in the health sector. The Committee is also concerned at the increasing number of children infected with preventable diseases, such as Tuberculosis, Hepatitis A and Hepatitis B.

49. The Committee recommends that the State party:

(a) Continue its reform of the health sector and its efforts to strengthen the primary care centres and the preventive health services;

(b) Plan and implement systematic health programmes, in particular nutrition programmes covering the different regions, especially those with socio-economic development problems;

(c) Continue its efforts to fully introduce the WHO live birth registration at the national level, and to implement a basic package for newborn care;

(d) Increase the parent’s awareness on the monitoring of nutritional status of the children.

Adolescent health

50. The Committee is concerned at the increasing number of adolescents using drugs. It is further concerned that sexually transmitted infections (STIs) and HIV/AIDS among youth are on the rise.

51. The Committee recommends that the State party:

(a) Undertake a study of adolescent health with a view to developing a comprehensive adolescent health policy that addresses in particular sexual health and drug abuse;

(b) Develop health promotion programmes for adolescents taking into account the Committee’s general comment No. 4 on adolescent health and development in the context of the Convention on the Rights of the Child (2003);

(c) Train teachers, social workers and others working with children on how to address drug abuse and other adolescent health issues in a manner that is child-sensitive;

(d) Provide educational services and adequate treatment and recovery services for adolescent drug users;

(e) Take urgent measures to prevent and to combat the spread of HIV/AIDS, taking into account the Committee’s general comment No. 3 on HIV/AIDS and the rights of the child (2003).

Standard of living

52. The Committee notes with concern that in spite of growth rates, a large number of families live in economic hardship, near or below the level of subsistence, and that there are growing disparities in the socio-economic situation of families in rural and urban areas. The Committee is also concerned at reports of widespread practices of corruption, which are believed to have an adverse effect on the level of resources available for the implementation of the Convention.

53. The Committee recommends that the State party:

(a) Take all measures to provide support and material assistance to economically disadvantaged families, including the implementation of the Interim Poverty Reduction Strategy Paper (2005-2010) and targeted programmes with regard to the population in the greatest need in order to guarantee the right of all children to an adequate standard of living;

(b) Ensure that the financial support system provided to families living under difficult economic conditions is expanded and that day-care centres and schools assist disadvantaged families with regard to childcare and education;

(c) Take all measures to investigate allegations of practices of corruption and to prevent and eradicate corruption.

Environmental health

54. The Committee shares the State party’s concern at the ecological disaster that continues to affect the Aral Sea and its environment. The Committee is deeply concerned at the negative consequences of this disaster for the health and development of children living in the Aral Sea region (Karakalpakstan) due to the lack of safe drinking water, the use of pesticides in agriculture (cotton) and the extreme poverty of their parents.

55. The Committee recommends that the State party take all necessary measures to provide the children in the Aral Sea region with the best possible health care and to develop income-generating projects for their parents. The Committee further recommends that the State party take all necessary measures to stop the deterioration of the Aral Sea region, improve the water management and the irrigation network in the region, and systematically try to re-establish as much as possible the Aral Sea and its wetland ecosystem.

6. Education, leisure and cultural activities
(arts. 28, 29 and 31 of the Convention)

56. The Committee welcomes the information that public education is free and compulsory until the completion of secondary education, and the State party’s efforts to improve the quality of education (e.g. the elaboration of the National Personnel Training Programme). However, the Committee remains concerned about the hidden costs of education; the lack of reliable information on dropout, repetition and absenteeism rates in primary and secondary schools; and the educational consequences of children working during cotton harvest season.

57. The Committee is also concerned at information that refugee children may have difficult access to free primary education and that they find it difficult to attend secondary school, as they are required to pay fees as foreigners.

58. The Committee recommends that the State party, taking into account the Committee’s general comment No. 1 on the aims of education (2001), undertake all necessary measures to ensure that articles 28 and 29 of the Convention are fully implemented. In particular, the State party should:

(a) Ensure that primary education is free and accessible to all children, taking also into account the Dakar Framework for Action (2000);

(b) Take measures to eliminate all hidden costs of school attendance;

(c) Take the necessary measures to improve the quality of education and to provide quality training for teachers;

(d) Ensure that refugee children have access to free primary education and facilitate access to secondary education;

(e) Guarantee that the cotton harvest season does not compromise children’s right to education.

7. Special protection measures
(arts. 22, 38, 39, 40, 37 (b)-(d), 32-36, and 30 of the Convention) Refugee and asylum-seeking children

59. The Committee is concerned that the national legal framework does not provide for the protection of refugee and asylum-seeking children as well as at the situation of internally displaced and stateless persons. The Committee is further concerned at the possible consequences that the closure of the office of UNHCR in Tashkent, upon request of the Government, may have on the protection of refugee and asylum-seeking children in the country.

60. The Committee recommends that the State party adopt national refugee and migration legislation consistent with basic human rights standards and in particular with the Convention, and that it ensure human and financial resources for its implementation.

61. The Committee encourages the State party to consider ratifying the Convention on Refugee Status of 1951 and the Optional Protocol of 1967, as well as the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on Reduction of Statelessness.

Street children

62. The Committee shares the State party’s concern at the increasing number of street children. The Committee is also concerned that these children do not have access to health and other services because they live in places where they have no residence registration.

63. The Committee recommends that the State party:

(a) Undertake an in-depth study on the root causes and extent of this phenomenon and, based on the results of this study, establish a comprehensive strategy to prevent it and to reduce the number of street children;

(b) Provide further information on the situation of abandoned and homeless children in its next report;

(c) Ensure that these children, regardless of their residence registration, have access to health and other services, and that their rights are fully guaranteed.

Economic exploitation/child labour

64. The Committee welcomes the information that the Uzbekistan law on child labour is in compliance with international standards and the State party’s efforts to address child labour in consultation with ILO/IPEC. Nevertheless, the Committee is deeply concerned at the information about the involvement of the very many school-age children in the harvesting of cotton, which results in serious health problems such as intestinal and respiratory infections, meningitis and hepatitis.

65. The Committee urges the State party:

(a) To take all necessary measures to ensure that the involvement of school-age children in the cotton harvesting is in full compliance with the international child labour standards, inter alia in terms of their age, their working hours, their working conditions, their education and their health;

(b) To ensure regular inspection of the harvesting practice to monitor and guarantee full compliance with international child labour standards;

(c) To establish control mechanisms to monitor the extent of all other forms of child labour, including unregulated work; address its causes with a view to enhancing prevention; and, where children are legally employed, ensure that their work is not exploitative and is in accordance with international standards;

(d) To seek assistance from the International Programme on the Elimination of Child Labour (IPEC/ILO) and UNICEF in this regard.

66. The Committee encourages the State party to ratify ILO Conventions No. 138 (1973), concerning the Minimum Age for Admission to Employment, and No. 182 (1999), concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour.

Sexual exploitation and trafficking

67. The Committee reiterates its concern at the lack of data on and insufficient awareness of the phenomenon of sexual exploitation and trafficking of children in the State party. It is also concerned that victims of sexual exploitation do not have access to appropriate recovery and assistance services.

68. The Committee recommends that the State party:

(a) Train law-enforcement officials, social workers and prosecutors on how to receive, monitor and investigate complaints, in a child-sensitive manner;

(b) Increase the number of trained professionals providing psychological counselling and other recovery services to victims;

(c) Develop preventive measures that target those soliciting and providing sexual services, such as materials on relevant legislation on the sexual abuse and exploitation of minors as well as on education programmes, including programmes in schools on healthy lifestyles.

Juvenile justice

69. While taking note of a draft special law on juvenile justice, the Committee is concerned at the lack of information on the number and conditions of children in the juvenile justice system, and at the allegations of ill-treatment of children who are kept with adults in pretrial detention and in police custody.

70. The Committee recommends that the State party bring the system of juvenile justice fully in line with the Convention, in particular with articles 37, 39 and 40, and with other United Nations standards in the field of juvenile justice, including the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines); the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty and the Vienna Guidelines for Action on Children in the Criminal Justice System; and the recommendations of the Committee made at its day of general discussion on juvenile justice (CRC/C/46, paras. 203-238). In this regard, the Committee recommends that the State party:

(a) Establish juvenile courts staffed with appropriately trained professional personnel;

(b) Take all measures to ensure that detention, including pretrial detention, is used only as a measure of last resort, and not in the case of status offences;

(c) Ensure that persons under the age of 18 in custody are separated from adults;

(d) Take urgent measures to improve the conditions of detention of persons under the age of 18, and bring them into full conformity with international standards;

(e) Strengthen recovery and reintegration programmes and train professionals in the area of social recovery and social reintegration of children;

(f) Introduce training programmes on relevant international standards for all professionals involved with the administration of justice;

(g) Seek technical assistance from the United Nations Panel Interagency Panel on Juvenile Justice among others.

8. Optional Protocols to the Convention on the Rights of the Child

71. The Committee notes that the State party has not ratified the Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography , and on the involvement of children in armed conflict .

72. The Committee recommends that the State party ratify the Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography , and on the involvement of children in armed conflict .

9. Dissemination and follow-up Follow-up

73. The Committee recommends that the State party take all appropriate measures to ensure full implementation of the present recommendations, inter alia, by transmitting
them to the members of the Cabinet of Ministers, the Parliament and to municipal Governments and Parliaments, and the Mahalla Committees when applicable for appropriate consideration and further action.

Dissemination

74. The Committee further recommends that the second periodic report and written replies submitted by the State party, and related recommendations (concluding observations) it adopted, be made widely available, including through Internet (but not exclusively), to the public at large, civil society organizations, youth groups, and children in order to generate debate and awareness of the Convention, its implementation and its monitoring.

10. Next report

75. The Committee invites the State party to submit a consolidated third and fourth report, by 28 January 2010 (that is, 18 months before the due date of the fourth report ). This is an exceptional measure due to the large number of reports received by the Committee every year and the consequent delay between the date of submission of a State party’s report and its consideration by the Committee. This report should not exceed 120 pages (see CRC/C/118). The Committee expects the State party to report every five years thereafter, as foreseen by the Convention.

 



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