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Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports. Scroll to: _____________________________________________ UN Special Rapporteur on freedom of religion or belief, Asma Jahangir (A/HRC/7/10/Add.4) Country visit: 20 to 27 November 2007 Children accused of witchcraft: Witchcraft 14 is a belief that is widespread in Angola and neighbouring countries. It is valued as part of the Bantu cultural tradition and traditional beliefs. In the past, adults and some children were accused of witchcraft, but from the end of the 1990s in provinces of northern Angola an unusual number of children were observed living on the streets having been thrown out by their families. It was reported that most of the children had been accused of witchcraft, either by their parents, extended family, neighbours, pastors or soothsayers. 15 After being accused and abandoned, a stigma attaches to children and they could not return to school, their village or original community. (paragraph 36) In Angola, traditional churches such as Catholic, Baptist, Tocsoista, and Kimbanguista churches have been joined by smaller charismatic and Pentecostal churches often led by Bakongo and Congolese pastors. These churches are known as independent or syncretic churches. A large number of the syncretic churches base their work on herbal treatments and are accepted in the communities since they have become a parallel health service to the State which has financial and operational constraints in reaching villages. Whilst not a phenomenon reported throughout the country, children accused of witchcraft are a cause for concern, given the violent, sometimes lethal retribution meted out to them by the community. 16 This preoccupation is fomented by the tendency for the accusations of witchcraft to fall on children who are already in a situation of need and vulnerability. After a child accused of witchcraft was stabbed to death in 2000, Government officials and Save the Children Fund rounded up 432 street children and reintegrated 380 of them with relatives. Eleven churches were reportedly shut down because of reports of child exploitation and abuse and eight Congolese pastors were expelled from Angola. 17 Committees on the Protection of Children set up in 2002 in Zaire Province have been regarded as effective in sensitizing and educating pastors, ultimately converting them into defenders of the rights of the child, controlling violence against children and diminishing the need for sanctions against churches that use violence as part of treatments against witchcraft. It has been reported that the number of children who are mistreated or abandoned in the province has substantially reduced. (paragraph 37) The Special Rapporteur interviewed ten such children from Christian and Muslim backgrounds now living in a centre for street children in Luanda. All had been accused of being witches by their parents or relatives. The vast majority were taken to pastors, witchdoctors or traditional healers to be "cured". Such treatment included being effectively detained, frequently for lengthy periods, in one case for two years. The treatment often included having cooking oil poured into their eyes at night-time to prevent escape, and frequently being starved, sometimes for a week at a time. One of the children was subjected to death threats and reports were received that sometimes children are injected with poison. The Special Rapporteur subsequently visited a nearby house of worship in Luanda where children are sent to be "treated". While she was not able to meet the pastor there, she spoke with an elderly lady present who confirmed that the children observed there were witches and they had now been "cured". (paragraph 38) In its 2004 concluding observations to Angola's report, the Committee on the Right of the Child "expressed its deep concern at the re-emergence of the persecution of children accused of witchcraft and the very negative consequences of such accusations, including cruel, inhuman and degrading treatment, and even murder. The Committee urges the State party to take immediate action to eliminate the mistreatment of children accused of witchcraft, including by prosecuting the perpetrators of this mistreatment and intensive education campaigns that involve local leaders" 18 . Angola's report stated that in M'Banza Congo, the provincial capital of Zaire province, at least 23 young boys are forced to live in an orphanage run by the Catholic Church. They were thrown out of their homes for allegedly possessing supernatural powers. "Children accused of witchcraft, who are considered to fall outside the mainstream, are thought of by the community as belonging to a sect - a religious or mystical group whose teachings and hierarchy these children must obey" 19 . Traditional clairvoyants, healers and religious sects used to submit children to the ordeal of "spiritual cures", for example exorcism that may have led to the deaths of some children. (paragraph 39) The government and Save the Children Fund have reintegrated some 400 street children in a programme since 2000. The children are reintegrated into their families or in special homes for former street children. Local Committees on the Protection of Children have helped to reduce the phenomenon for some time. The reintegrated children reported that they were often detained by traditional healers to be 'cured', sometimes for several years and dealt cruel treatment. On the issue of children accused of witchcraft, the Special Rapporteur was encouraged by the leadership assumed by the National Children's Institute, together with UNICEF, to address this problem but she also notes that the response to the various problems has been isolated and fragmented, aside from the Zaire situation. She looks forward to further cooperation from the Government of Angola and UNICEF. In addition, she emphasises that further human rights education is required, together with a strengthening of the criminal justice system and revisions to the Penal Code, to bring to justice those who abuse children. As regards accusations of witchcraft she notes that the Angolan Penal Code does not prohibit defamation, slander and insult of children, whilst it does so in relation to adults although violence and abandonment are prohibited. The Special Rapporteur welcomes that the proposed new Penal Code classifies forms of violence against children as crimes of a public nature, which would allow prosecutors to bring charges in the face of the passivity of the family. She notes that the absence of Juvenile Justice Courts is one of the constraints on the functioning of the Protection Committees. (paragraph 52) _____________________________________________ Working Group on Arbitrary Detention (A/HRC/7/4/Add.4) Country visit: 17-27 September 2007 The Working Group's expressed the following concerns about the country's juvenile justice system: Age determination: Public authorities confirmed that errors in the determination of the age of a minor might occur since many Angolan citizens have neither an identity document nor a birth certificate. The Working Group was informed of one case in which a minor below the age of 16 was taken into custody despite producing a birth certificate proving his status as a minor. In case of doubt, prosecutors refer cases of minors to a Commission comprised of psychologists and doctors with Lack of separate juvenile justice system: The Working Group is concerned that there is no special juvenile justice system and not even a special regime applicable to minors from the age of 16 with the exception that the maximum sentence of imprisonment is eight years for the 16-18 age bracket and 12 years for the 18-21 age bracket. The regime concerning prison term sentence and pretrial detention for minors is the same as for adults, and they are kept in the same detention facilities as adults, facing the same harsh conditions in detention. Because of their vulnerability, this situation leads to worse consequences, which are even aggravated, considering that the Working Group met a large number of juveniles under the age of 16 in detention mixed in with adults, some of whom reported sexual abuses by fellow inmates. The Working Group has observed that authorities at times confuse criminal liability and the fact that minors still require special treatment in criminal proceedings, including using pretrial detention and sanctions of imprisonment as a last resort and the necessity of separating minors from adults in detention facilities. The Working Group reminds the Government of Angola that it has undertaken obligations by ratifying the Covenant on the Rights of the Child, which defines a juvenile as a person under the age of 18 (not 16). (paragraph 90) Recommendations: (d) The Working Group invites the Government to pay particular attention to the situation of children in conflict with the law and encourages it to make, as part of its reform of the Criminal Procedure Code, provision for the introduction of a special justice system for minors and bring its legislation and practice as regards the arrest and detention of minors fully into conformity with articles 37, 39 and 40 of the Convention on the Rights of the Child, to which Angola is a party, and other appropriate international standards: _____________________________________________ UN Special Representative of the Secretary-General on the situation of human rights defenders, Hina Jilani (E/CN.4/2005/101/Add.2) Country visit: 16 - 24 August 2004 Children's rights are part of the work of human rights defenders in Angola. The Special Representative welcomes the fact that the government has submitted overdue reports to the Committee on the Rights of the Child. However, it notes a lack of statistical data on key indicators that inhibits the work of human rights defenders in this domain. She notes the active participation of civil society in a 'National Forum on Early Childhood Care and Development' in June 2004, which adopted some common commitments on improved health services and nutrition, the reduction of HIV transmission from mother to child, pre-school education, legislative reforms in conformity with child rights, and child birth registration. She recommends that the State ratify the ILO Convention on the Worst Forms of Child Labour, 1999 (No. 182) (paragraph 104) _____________________________________________ Representative of the Secretary-General on internally displaced persons, Mr. Francis Deng: Profiles in displacement (E/CN.4/2001/5/Add.5) Country visit: 31 October to 9 November 2000 The humanitarian community is struggling to reach displaced people in UNITA-held regions which exacerbates problems, especially for the most vulnerable (i.e. children). It is suggested that the government should allow delivery of assistance in UNITA-controlled areas. Health: Vaccinations were incomplete in many locations. Large numbers of children under five had received only one dose of a multi-dose vaccine or none at all. Coverage for children over five was even more limited. In all locations visited, delivery practices were rudimentary. Although problems with birthing are common, there were virtually no delivery or post-delivery facilities in either hospitals or health posts. (paragraph 21) Abduction/Abuse/Recruitment: There were reports that displaced persons who had ventured past the security perimeters of towns to collect food or firewood had been beaten and robbed by armed UNITA groups or bandits, or had fallen victim to landmines. There were also reports of forced recruitment of displaced persons, including of children, by both sides.i The assessment found that internally displaced women, particularly those living near military encampments were subject to sexual harassment and some had been forced into prostitution in order to procure basic necessities. There were also reports of women and girls being abducted from camps for the displaced by UNITA. In addition, there are large numbers of unaccompanied and orphaned children among the displaced. The assessment notes that although many of these children have been integrated into kinship networks or community structures, many of their needs are not met. Unaccompanied children are vulnerable to forced recruitment and abuse. Furthermore, the poverty, disease, domestic violence and child abuse associated with displacement prompt many children to leave their homes voluntarily. In so doing, they become increasingly vulnerable to disease and abuse. (paragraph 30)i Significant efforts have also been undertaken to eradicate polio and childhood diseases. The Government and humanitarian agencies worked together to reach an estimated three million children from displaced and resident populations during three rounds of national immunisation days. These days were restricted to government controlled territory only and in this regard the Representative suggests that the Government consider the possibility of allowing international agencies to extend vaccination coverage to UNITA held areas, assuming that adequate security guarantees can be obtained. The Government also launched a roll back malaria campaign in an attempt to reduce the incidence of this disease. (paragraph 56) Because of insufficient funding for food aid programmes, WFP has been forced to reduce the number of beneficiaries receiving direct food assistance, some of the potential consequences of which are discussed below. Insufficient funding for the OCHA Emergency Relief Fund has inhibited the Organization's capacity to support implementing partners in meeting the acute emergency needs identified in the rapid assessment; and lack of adequate funding threatened the UNICEF supply pipeline for vaccines and hampered the extension of its mother and child health care services and its roll back malaria campaign. With regard to the latter, it should be noted that malaria is the leading cause of child mortality in Angola. (paragraph 64) The Representative also noted concerns that these reductions were forced on WFP by donors at a time when significant increases in admissions of moderately malnourished displaced and resident children to supplementary feeding centres were being recorded in the provinces of Bié and Huambo and possibly elsewhere. In this regard, the Representative was concerned at the results of a survey undertaken in Huambo by Save the Children (UK) in October in the light of the proposals to replace general food distributions with food for work and an expanded system of safety nets.i In short, the survey raises concerns over the practical effect of developing food for work projects for any more than a small proportion of the population of Huambo (displaced and resident alike) who are vulnerable to food insecurity. The survey found that reductions in general food distributions were expected to increase the market price of staple foods, meaning that displaced and resident populations would be able to afford less food, which in turn was expected to result in an increase in already high malnutrition rates. Moreover, difficulties are foreseen by Save the Children (UK) in adequately managing a potentially large increase in the caseload of malnourished children. (paragraph 75) i Save the Children (UK), Survey to Assess the Food Needs of the Population of Huambo, Angola, August 18 29 2000, October 2000. Although the Government is said to control over 90 per cent of the country, UNITA is still able to operate effectively as a guerrilla force and is exacting a heavy price on the civilian population. The Representative was informed that UNITA retains de facto control of rural areas by forcibly displacing the civilian population through attacks on, and destruction of, villages, looting foodstuffs and possessions, and killing, abducting and raping civilians, including children. There are also disturbing reports of UNITA resorting to increasingly cruel measures against the civilian population, for example hacking off limbs with machetes so as to remind the victims of their experience and to prevent them from joining the ranks of government troops.i (paragraph 81) i MSF, Angola: Pretence of Normality, 9 November 1999. Displacement results from civilians fleeing their villages as a result of, or in order to avoid, such practices as those above. Often the displaced will spend several days hiding in the bush before attempting to move to safer locations such as major towns or provincial capitals. Displacement also results from civilians being deliberately forced from their homes and having to carry the very items which have been looted from them. It also results from families fleeing or sending their children to government controlled areas in an effort to protect them from forced recruitment by UNITA. The Representative was particularly alarmed by reports that children are being abducted and traded by UNITA to work as forced labour in salt mines in Malanje province. Local NGOs and church groups who may have access to salt mines are encouraged to collect additional and more detailed information which should be brought to the attention of the national authorities and the international community. (paragraph 82) Reports were also received concerning the theft from internally displaced persons of food and non food items by UNITA, as well as the FAA and national police. It was reported that such thefts are systematic, typically occurring after food distributions by international agencies and NGOs. The Representative was informed of incidents of rape and violence against displaced persons in camps, perpetrated by members of the national police, as well as incidents of forced recruitment, including of children. Serious concerns were noted in regard to the relocation of camps for the displaced by the provincial authorities in inappropriate areas, including in mined areas and outside security perimeters and along strategic routes, raising concerns as to the possible use of the displaced as human shields. (paragraph 85) During his visits to the provinces, the Representative was struck by the fact that there were few adolescents among the displaced. He was informed that for the most part adolescents have left the camps in rural areas in search of a better life in the provincial or national capital. Indeed, in Luanda the Representative saw large numbers of displaced adolescents eking out a precarious existence by selling all manner of goods in the streets or by begging. The Representative was informed that many adolescent girls in the capital have had to resort to prostitution in order to survive, putting themselves at grave risk of abuse and disease. The Representative was also concerned about the level of education offered to displaced children. While some efforts have been made to provide schooling to displaced children in camps, these did not extend past primary level education. The lack of secondary education may in part account for the propensity of displaced adolescents to head to urban centres to join the ever increasing ranks of street children. (paragraph 86) i Save the Children (UK), War Brought Us Here - Protecting Children Displaced in Their Own Countries by Conflict, 2000, p. 41. i Ibid. Agreed criteria for targeting food distributions: The Representative, noting the existence of the Vulnerability and Assessment Working Group, underlines the importance of ensuring that there is a consensus among humanitarian partners on the criteria on which targeted food distributions are based, so as to ensure that all vulnerable groups receive food distributions on which, for lack of alternatives, they depend. In this connection, the Representative reiterates his concerns that reductions in general food distributions have been forced on WFP by donors at a time of significant increases in admissions of moderately malnourished displaced and resident children to supplementary feeding centres. (paragraph 119) Extension of vaccination coverage: In view of the prevalence of polio and other diseases amongst displaced populations, especially children, the Representative suggests that the Government consider the possibility of allowing international agencies to extend vaccination coverage to UNITA-held areas, assuming that adequate security guarantees can be obtained. (paragraph 122) Provision of primary and also secondary education: The Government should take steps, beginning with an increase in the allocation of resources to the Ministry of Education, to ensure that displaced children and children in general have access to primary and secondary education. Failure to invest sufficiently in education may have serious consequences for the future development of the country. (paragraph 123) Increased awareness of abuses against children: The Representative was particularly alarmed by reports that children are being abducted and traded by UNITA for use as forced labour. Local NGOs and church groups which may have access to the areas concerned are encouraged to collect additional and more detailed information, which should be brought to the attention of the national authorities and the international community. (paragraph 124)
Please note that the language may have been edited in places for the purpose of clarity.
Report published: 6 March 2006
Report published: 29 February 2008
a view to the determination of their age. According to the information received, it would appear
that the Commission is not independent, since it works for the prosecution, and rarely determines
the age of the minor to be below 16. If that is the case, the burden of proof lies with the minors
not with the State. (paragraph 89)
(i) The practice of holding minors in custody and in prisons together with adults should be urgently dealt with and avoided;
(ii) The regime in detention applied to minors should be adapted to suit their character and age wherever possible;
(iii) Immediate action is required to ensure that minors below the age of 16 are not being detained. In case of doubt, the onus of proof regarding their age should be shifted to the State.
Report published: 21 February 2005
Report published: 25 January 2001