ALGERIA: Children's Rights References in the Universal Periodic Review (Second Cycle)

Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the second Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholders' Information'. Also included is the list of accepted and rejected recommendations

 

Algeria – 2nd Session – 2012
Tuesday 29 May 2012 - 14.30 p.m. - 18.00 p.m.

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National Report

Compilation of UN Information

Summary of Stakeholders' Information

Accepted and Rejected Recommendations

(Read the first review cycle)

National Report: To follow. 

 

Compilation of UN Information

1. In 2010, the Committee on Economic, Social and Cultural Rights (CESCR) encouraged Algeria to consider ratifying OP-CESCR and the Committee on Migrant Workers (CMW) invited Algeria to consider acceding to International Labour Organization (ILO) Migrant Workers Convention No.143. In 2008, the Committee against Torture (CAT) called on Algeria to ratify ICERD, CRPD, OP-CRC-AC, 2OP-ICCPR, OP- CEDAW, and OP-CAT as soon as possible, and encouraged it to ratify the Rome Statute of the ICC. UNHCR recommended that Algeria accede to the 1961 Convention on the Reduction of Statelessness.

21. CESCR recommended that Algeria amend legislation to prohibit and criminalize domestic violence, including marital rape, and prohibit corporal punishment of children within the family and alternative care settings.59 CAT made a similar recommendation.

23. The ILO Committee of Experts requested Algeria to ensure that all cases of trafficking and sexual exploitation of children give rise to investigations.

24. UNHCR commended Algeria for criminalizing all forms of human trafficking. However, no provisions had been made for shelters for victims. Many women ended up being victims of human rights abuses in the form of trafficking, sexual exploitation and involuntary servitude. CEDAW recommended strengthening the mechanisms and procedures for ensuring that refugee women and girls are not subjected to sexual and gender-based violence and abuse.

25. CESCR recommended intensifying efforts to combat child labour, including by employing systematic labour inspections, mandatory training for the police and awareness- raising campaigns for children and parents.

26. The ILO Committee of Experts requested Algeria to ensure that the protection afforded by the ILO Minimum Age Convention (No. 138) would be applied to children engaged in economic activity on their own account.

32. UNHCR recommended that Algeria issue birth certificates to all children born on its territory, regardless of the status of their parents.

45. The 2011 UNICEF draft country programme document indicated that the Millennium Development Goal targets for reduction of neonatal and maternal mortality would be difficult to achieve owing to persistent disparities. The maternal mortality ratio was two to three times higher in the South (182 per 100,000 live births) than in the North (85). Saharawi refugees, who had been living under difficult conditions in the camps in Tindouf for more than 30 years, were also considered to be one of the most vulnerable populations.

47. The 2011 UNICEF draft country programme document indicated that the proportion of youths who went on to enter secondary school after completing primary school was 51 per cent in the south, versus 66 per cent nationally. The influence of traditional values in the southern and highland regions was a major obstacle to girls’ schooling. CEDAW recommended that Algeria reduce the high drop-out rates of girls at the intermediate and secondary levels of education.

51. CMW urged Algeria to ensure that migrant, including those in an irregular situation, enjoy the same rights as nationals, in law and in practice, to file complaints about violations of their human rights and have access to redress mechanisms. CAT made a similar recommendation. CMW recommended that Algeria take steps to ensure that the detention of migrant workers in an irregular situation is only a measure of last resort, and urged Algeria to bring its legislation, which criminalizes irregular migration, into conformity with the Convention. CEDAW recommended ensuring that refugees and asylum-seekers, in particular women and girls, are not penalized for illegal entry and stay in the country.

55. CAT recommended that counter-terrorism measures be made consistent with the commitments undertaken by Algeria under the Convention, and that it raise the minimum age of criminal responsibility in terrorism cases so that it is consistent with generally accepted international standards.

 

Summary of Stakeholders' Information

3. The Réseau Algérien pour la défense des droits de l’enfant (Algerian Network for Children’s Rights) (NADA) recommended carrying out a comprehensive study of national legislation and policy to ensure their compatibility with the principles and provisions of the Convention on the Rights of the Child and its optional protocols and, with the help of civil society, to relaunch the bill on children, intended to improve child welfare and combat child labour and violence against children.

10. Global Initiative to End All Corporal Punishment of Children (GIEACPC) noted that the issue of corporal punishment was raised during the UPR first review. In response, the Government stated that corporal punishment was prohibited in schools. GIEACPC added that specifically challenging Algeria in this respect during its second UPR session would reflect the seriousness with which the Human Rights Council views violations of the rights of all persons, including children. In GIEACPC’s view there had been no further progress in prohibiting corporal punishment of children in Algeria since the initial UPR in 2008. It added that while it was unlawful in schools and as a sentence of the courts, it was not prohibited in the home, in penal institutions or in alternative care settings. GIEACPC recalled recommendations made by Treaty Bodies in this regard.

11. On the subject of violence against children, the Réseau algérien pour la défense des droits de l’enfant (Algerian Network for Children’s Rights) (NADA) found that children had suffered violence and ill-treatment from their own parents and teachers. NADA added that the issue of sexual violence against children had not been properly addressed because of the taboos surrounding it, which prevented such incidents being reported. Among others, it recommended reformulating the criminal provisions protecting child victims of ill- treatment and/or sexual violence, referring to the Convention on the Rights of the Child and its optional protocols, as well as introducing regulations to establish a body to care for child victims of ill-treatment and/or sexual violence.

16. NADA noted that, although the current legal framework protected the rights of minors who were victims or perpetrators (juvenile delinquents), legal provisions still needed to be strengthened, particularly in respect of prevention and education.

 

Accepted and Rejected Recommendations

The following recommendations were accepted:

A - 129.47. Further strengthen law enforcement and judicial system in the effort to address impunity and prevent the incidence of violence as well as sexual abuse of women and girls (Malaysia);

A - 129.48. Continue their endeavours and engagement with all stakeholders for an effective implementation of the programs for the promotion and protection of the rights of women and children (Indonesia) and continue its legal actions on their protection (Iran (Islamic Republic of));

A - 129.49. Continue efforts to promote and protect the rights of women and children (Kuwait);

A - 129.56. Intensify efforts aimed at realizing further progress in the process of strengthening economic, social and cultural rights, and in particular the rights of children and persons with disabilities (Egypt);

A - 129.57. Consolidate economic, social and cultural rights (Palestine) and pursue its efforts in this area, particularly in the area of the right to education (Republic of Moldova);

A - 129.58. Address the geographic inequalities in access to education and school enrolment rates by creating new institutions and expanding the school transport system (Iraq);

A - 129.60. Carry on its efforts on education and training for the population (Iran (Islamic Republic of));

A - 129.66. Take the appropriate measures to give response to the concerns raised by the civil society (Timor-Leste) to develop a social environment conducive to the empowerment of civil society, in particular, by opening up new channels aimed at reflecting the expectations of young people when it comes to structures and socioeconomic processes (Turkey);

A - 129.70. Enhance access to primary health care and education for people in the South, with an aim to achieve universal access for all (Thailand) and continue to work on providing health and education services for remote areas (Oman);

A - 129.71. Continue with its project on providing health services (Palestine) and improve the health services (Russian Federation);

A - 129.73. Continue to promote its excellent education policy in order to eradicate school drop-out during mandatory basic education (Venezuela (Bolivarian Republic of));

A - 129.74. Strengthen its efforts to reduce the high school drop-out rates of girls at intermediate and secondary school levels (Côte d’Ivoire) and reinforce girls’ education, notably in the rural areas (Togo);

A - 129.75. Continue its efforts to provide appropriate education opportunities to persons with disabilities (Ecuador) taking into account the specific needs of persons with disabilities, either in education or on health (Saudi Arabia);

A - 129.76. Continue its efforts aimed at improving access to health services and education (Bangladesh);

A - 129.77. Continue its efforts to bridge the gaps in the field of health and education in remote areas (Qatar);

A - 129.78. Continue with its education policy to ensure that children, and particularly girls, get a quality education that promotes equality and non-discrimination (Ecuador);

A - 129.79. Continue the necessary efforts in order to strengthen the right to education, and include within the education process a culture of human rights (Saudi Arabia) step up efforts to strengthen public education, awareness and capacity building programme and skill training particularly aimed at increasing awareness on human rights in the country (Malaysia);

A - 129.80. Step up efforts to provide greater access to education and health (Senegal);

A - 129.81. Promote and support programs for the youth (Djibouti),keep on its effort on health services policy and promoting the employment of youth (Iran (Islamic Republic of));develop training programmes for the youth so as to improve their access to the labour market (Sudan) step up its efforts in the field of vocational training for them as a way to lower the unemployment rate and to promote comprehensive economic and social development (China) create jobs in order to reduce unemployment amongst them (Sudan) and provide more resources for strategies and programs aimed at fighting against unemployment, especially among young people and to reduce disparities between regions and social groups, especially regarding access to education and health care (VietNam);

A - 129.96. Intensify efforts to promote and protect the rights of the child (Bahrain);

A - 129.97. Improve the procedures for the protection against child abuse (Qatar);

A - 129.98. Pursue its efforts to fight against violence against children (Republic of Moldova) and further combat violence against children in the school environment (Togo);

A - 129.99. Continue efforts aimed at the protection of children from violence (Jordan);

A - 129.100. Prohibit specifically and by law all corporal punishment of children at home, care institutions, penitentiary centres and any other settings, in conformity with article 19 of CRC(Uruguay), take all necessary steps to prohibit corporal punishment in all settings and align its national legislation with the provisions of the CRC (Hungary);

A - 129.101. Pay particular attention to protect childhood, as established in the strategic framework 2008–2015, through intensifying actions to enact a Children Protection Code (Chile) and fully implement the National Action Plan for Children 2008–2015 entitled “Algeria worthy of children” (Democratic People’s Republic of Korea);

A - 129.102. Ensure that all cases of trafficking and sexual exploitation of children are investigated (Slovenia);

The following recommendations were left pending:

P - 129.3. Sign and ratify the Optional Protocol to CRC on a communications procedure (Slovenia) or consider an early ratification of the third Optional Protocol to CRC on a communications procedure (Slovakia);

No recommendations were rejected.


Countries

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