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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Children are still commonly accused of witchcraft, leading to discrimination and violence against them and barriers to enjoying their other rights, such as access to education UN Committee on the Rights of the Child (Concluding Observations, October 2010) [The Committee] notes with deep concern the ongoing practice of accusing children of witchcraft, which has resulted in abuse and abandonment of such children. The Committee notes that a study was carried out in 2005 on the impact on children of accusations of sorcery, which should help to protect children against such violence and exclusion, but regrets that children continue to be accused of such practices. The Committee urges the State party to effectively eliminate the practice of witchcraft accusations in collaboration with civil society organizations and traditional or community leaders and to prosecute those responsible for such accusations. (paragraphs 53 and 54) UN Committee on Economic, Social and Cultural Rights Last reported: 12 and 13 November 2008 Concluding Observations: 20 November 2008 The Committee notes with concern that children are still commonly accused of witchcraft, which has a very negative impact on their enjoyment of their rights, including the right to education and health. The Committee recommends effective measures to eradicate the phenomenon and to protect the victims through awareness-raising campaigns about the negative impact on children. (paragraph 25) Special Rapporteur on freedom of religion and belief Asma Jahangir Country visit: 20-27 November 2007 Report published: 6 March 2006 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. 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. 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) 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) Universal Periodic Review (February 2010) 46. To take legislative measures to explicitly prohibit all forms of discrimination, in particular against children with disabilities, girls and children belonging to the San communities, and to effectively protect children accused of witchcraft (Czech Republic) (accepted) 69. To take all social, educational and legal measures necessary to address the phenomenon of children accused of witchcraft (Italy) (accepted) Discrimination against children with disabilities, children with HIV/AIDS and San children UN Committee on the Rights of the Child (Concluding Observations, October 2010) The Committee welcomes the fact that the new Constitution contains an article on non-discrimination that explicitly includes children with disabilities and recognises the efforts of the State party to combat discrimination, but is concerned about ongoing discrimination against children with disabilities, children with HIV/AIDS and San children due to traditional attitudes in society. While noting the State party's indication that the provisions of the Durban Declaration and Programme of Action from the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance will be addressed under national legislation, the Committee nevertheless regrets that the State party has not adopted these instruments. The Committee urges the State party to continue and strengthen its activities undertaken to combat discrimination, in particular with regard to children with disabilities, children with HIV/AIDS and San Children, who are still exposed to ongoing discriminatory attitudes and behaviours. It further recommends that the State party adopt as soon as possible the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and to include information in its next periodic report on 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 as well as the outcome document adopted at the 2009 Durban Review Conference. (paragraphs 28 and 29) Universal Periodic Review (February 2010) 46. To take legislative measures to explicitly prohibit all forms of discrimination, in particular against children with disabilities, girls and children belonging to the San communities, and to effectively protect children accused of witchcraft (Czech Republic) (accepted) UN Committee on the Rights of the Child (Concluding Observations, October 2010) The Committee takes note that the various efforts of the Government to reduce poverty, including a massive increase in the budget on social security, show some positive results, but remains deeply concerned at the very high rates of poverty and extreme poverty in the country. The Committee is particularly concerned at the immense social inequality demonstrated by economic indicators. The Committee welcomes the fact that the new Medium Term Development Plan was approved, which builds on the Estratégia de Combate à Pobreza, and has established a social mapping procedure to identify children that most urgently need support, including children living in street situations. The Committee reminds the State party that the Convention requires that it ensure a standard of living adequate for children's development and is concerned that the State party does not pay enough attention to programmes and institutions which provide developmental and educational incentives which disadvantaged families and underprivileged environments cannot offer. The Committee recommends that the State party strengthen its efforts to use the wealth of the country to improve the socio-economic living conditions of the majority of the population, in particular the most vulnerable groups and among them, families with a large number of children, single-parent families, child-headed families and children living in street situations. The Committee further recommends that the State party guarantee an adequate standard of living for all children, in order to ensure their physical, mental, spiritual, moral and social development and to this end establish care, developmental and educational facilities for children living in poverty in order to enrich the poor environment in which these children have to grow up. (paragraphs 57 and 58) UN Committee for the Elimination of All forms of Discrimination against Women Last reported: 12 and 16 July 2004 The poverty of women and girls is fostering a thriving prostitution industry. The Committee is concerned about the exploitation of prostitutes, especially girls, and the lack of information about the means to combat the phenomenon. It recommends that the State party pursue a holistic approach, providing women and girls with education and economic alternatives to prostitution, facilitate reintegration of prostitutes into society and provide rehabilitation and economic empowerment programmes. It also requests detailed information on trafficking and the measures taken to combat it in the next report. (paragraphs 156 and 157) High rates of infant mortality and malnutrition UN Committee on the Rights of the Child (Concluding Observations, October 2010) [T]he Committee notes with concern that financial and human resources allocation to primary health care remains inadequate and is dependent on external financing and that there are not enough health personnel particularly in rural areas. The Committee also expresses its concern that the infant mortality, under-five mortality and maternal mortality rates are still high in spite of some progress made, that almost one third of children under the age of five are underweight and that exclusive breastfeeding for at least six months, while improving, remains low. The Committee also urges the State party to massively reduce the death rates of newborn and young children and mothers, including by more attended deliveries, and take the necessary steps to address the problem of malnutrition in children under the age of five, including through the promotion of exclusive breastfeeding until the age of six months and to implement the International Code of Marketing of Breast-milk Substitutes. The Committee also recommends that the State party carry out information and awareness campaigns on hygiene requirements in homes, public places and communities and the implementation of the basic water supply and sanitation standards for the whole population. The Committee encourages the State party to consider seeking technical assistance from, inter alia, UNICEF and WHO. (paragraphs 49 and 50) UN Committee on Economic, Social and Cultural Rights Last Reported: 12 and 13 November 2008 Concluding Observations: 20 November 2008 There is a high incidence of malnutrition in all provinces which affects children in particular. In the Lunda provinces, this is because of the expropriation of farmlands for the purpose of diamond mining. The Committee recommends allocating sufficient resources to relevant programmes and funds to ensure everyone has access to food. It also declares that expropriations should not infringe on the right to food. (paragraph 29) The Committee is concerned about the very high maternal, infant and under-five mortality rates and the high incidence of cholera and HIV and AIDS ... It recommends that the State take steps to improve health services and adopt a global health policy including prevention programmes and access to free, high-quality and universal primary health care for the poorest sectors of the population. (paragraph 36) UN Committee for the Elimination of all forms of Discrimination Against Women Last reported: 12 and 16 July 2004 High maternal and child mortality, malnutrition, illiteracy, violence and unemployment were prevalent. The Committee expresses concern about the poor health infrastructure, resulting in lack of access to health services and low health status, high maternal mortality, high fertility rates and inadequate family planning, and growing rates of HIV among women. It concludes that infrastructure should be improved and sex education should be widely promoted and targeted towards girls and boys, with particular attention paid to the prevention of early pregnancies and the control of sexually transmitted diseases. (paragraphs 162 and 163) Representative of the Secretary General on internally displaced persons Francis Deng: Profiles in displacement Country visit: 31 October – 9 October 2000 Report published: 25 January 2001 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) 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. 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) 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) Limited access to and poor quality of education UN Committee on the Rights of the Child (Concluding Observations, October 2010) The Committee is concerned that despite recent increases in budget allocations to education, the budget of the education sector remains inadequate, which also slows down efforts to rehabilitate the many schools destroyed in the war. The Committee is also concerned at: UN Committee on Economic, Social and Cultural Rights Last reported: 12 and 13 November 2008 Concluding Observations: 20 November 2008 Indicators for education are very low, children from poor families, girls, children with disabilities, victims of mine accidents and children in both urban and remote rural areas have limited access to education, including education in their mother tongue, and are affected by drop-out. The Committee regrets that the budget allocated to education decreased between 2004 and 2006 despite the rising number of school aged children. The lack of schools and training of teachers, especially in slums and remote areas were a concern.
It recommends that Angola adopt a comprehensive plan of action for the educational system, ensure the availability and training of teachers in remote areas, increase public expenditure on education and take measures towards the realisation of the right to education for the marginalised groups. (paragraph 38) UN Committee for the Elimination of All forms of Discrimination against Women Last reported: 12 and 16 July 2004 The Committee is concerned about the poor educational infrastructure and low budgetary allocation. It also noted the lack of schools and teachers, poor quality of education, high rate of illiteracy among girls and women, low enrolment rates in all forms of education in both rural and urban areas and high drop-out rates. The Committee recommends that Angola increase investment in education and to prioritise efforts to improve literacy level of girls and women, ensure equal access of girls and women to all levels of education in all areas, increase enrolment rates for girls and take measures to keep girls in school. (paragraphs 158 and 159) Universal Periodic Review (February 2010) 147. To place priority on the vital area of education, especially the education of girls in rural areas (Algeria); (accepted) 148. To continue to strengthen its policies aimed at increasing the enrolment rate in primary and secondary education, and to implement the measures necessary to achieve the Millennium Development Goals in terms of reducing illiteracy rates (Bolivarian Republic of Venezuela); (accepted) 147. To place priority on the vital area of education, especially the education of girls in rural areas (Algeria); (accepted) 148. To continue to strengthen its policies aimed at increasing the enrolment rate in primary and secondary education, and to implement the measures necessary to achieve the Millennium Development Goals in terms of reducing illiteracy rates (Bolivarian Republic of Venezuela); (accepted) 149. To continue to reinforce policies aimed at improving enrolment rates at primary and secondary schools (Turkey); (accepted) 150. To devise plans and strategies for guaranteeing the right to education and providing girls with equal access to education (Egypt); (accepted) 152. To enforce or institute mechanisms for ensuring that the first grade of school is free for all children (Ireland); (accepted) 153. To take further measures to improve the quality of the basic education system by increasing the number and the training of teachers, to increase the school attendance rate at the secondary level, to decrease drop-out rates, to combat child labour and to prevent discrimination against young girls (Portugal); (accepted) 154. To step up efforts to promote and protect the right to education and children's rights, including by improving literacy rates and enrolment rates in primary and secondary education (Philippines); (accepted) 155. To take further measures aimed at consolidating its achievements with regard to expanding education to disadvantaged areas, by according special attention to the rights of the girl child, especially in nomadic communities (Ethiopia); (accepted) 157. To actively promote access to education for young girls (Italy); (accepted) UN Committee on the Rights of the Child (Concluding Observations, October 2010) [T]he Committee is concerned that human trafficking, including of children, has increasingly become a problem in the State party and that there are reports of children being taken across the border and used for transportation of goods and prostitution. The Committee is further concerned that the legal definitions of these crimes and their sanctions are unclear, so that often perpetrators are not prosecuted. The Committee recommends that the State party explicitly define sale, trafficking and abduction in legislation and provide clear sanctions that ensure the prosecution of perpetrators and that it develop measures, programmes and policies to protect children from sale, trafficking and abduction and to rehabilitate and reintegrate victims of such practices. (paragraphs 69 and 70) Representative of the Secretary General on Internally Displaced Persons Francis Deng: Profiles in displacement Country visit: 31 October- 9 November 2000 Report published: 25 January 2001 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) Barriers to accessing healthcare/weak healthcare infrastructure UN Committee for the Elimination of All forms of Discrimination against Women Last reported 12 and 16 July 2004 The Committee expresses concern about the poor health infrastructure, resulting in lack of access to health services and low health status, high maternal mortality, high fertility rates and inadequate family planning, and growing rates of HIV among women. It concludes that infrastructure should be improved and sex education should be widely promoted and targeted towards girls and boys, with particular attention paid to the prevention of early pregnancies and the control of sexually transmitted diseases. (paragraphs 162 and 163) Representative for the Secretary General on Internally Displaced Persons Francis Deng: Profiles in displacement Country visit: 31 October- 9 November 2000 Report published: 25 January 2001 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) Universal Periodic Review (February 2010) 114. To allocate additional resources to improving the country's health infrastructures, while ensuring that ongoing health reforms take into account the rights of women and children (Canada); (accepted) Lack of coverage of birth registration facilities UN Committee on the Rights of the Child (Concluding Observations, October 2010) The Committee notes with interest that legislation establishes free birth registration for children up to five years of age as well as free identification cards for children up to 11 years of age and that children are admitted to school even if they do not have a birth certificate. However, the Committee remains concerned that there has been no substantial progress on birth registration since 2002 and that a lack of human and financial resources severely constrains the implementation of universal birth registration. The Committee is also concerned that no guarantees exist for registration of children above the age of five. The Committee recommends that the State party take all necessary measures to ensure that all children are registered at birth. In particular, the State party should ensure the provision of adequate human and financial resources for entities that are responsible for this task. The Committee also urges the State party to make sure that guarantees exist to ensure retroactive registration of children above the age of five who have not yet been registered and that registration is carried out by services which are easily accessible by parents. (paragraphs 34 and 35) UN Committee on Economic, Social and Cultural Rights Last reported: 12 and 13 November 2008 Concluding Observations: 20 November 2008 The State party has not extended the coverage of civil registration facilities with respect to birth registration, which deprives those not registered of their economic, social and cultural rights. The Committee urges the State to take steps to register children without discrimination and introduce programmes to register those who are not yet registered. (paragraph 34) Universal Periodic Review (February 2010) 97. To adopt further effective measures and policies aimed at increasing the number of registered births (Japan) (accepted) Widespread violence against children UN Committee on the Rights of the Child (Concluding Observations, October 2010) While the Committee notes that corporal punishment is unlawful as a sentence for a crime, it is concerned that corporal punishment remains lawful in the home and that there is no explicit prohibition of corporal punishment in schools, in alternative care settings and as a disciplinary measure in penal institutions. The Committee recommends that the State party explicitly prohibit by law all forms of violence against children, including corporal punishment, in all settings, including in the family, schools, alternative childcare and places of detention for juveniles, and implement those laws effectively. It also recommends that the State party carry out awareness-raising campaigns focusing on parents, teachers and the general public on the eradication of corporal punishment and the promotion of alternative forms of discipline in a manner consistent with the child's human dignity and in accordance with the Convention, especially articles 19 and 28, paragraph 2, taking into account the Committee's general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment. The Committee encourages the State party to prioritise elimination of all forms of violence against children. With reference to the United Nations Study on Violence against UN Committee on the Elimination of All Forms of Discrimination Against Women The Committee commends the State party for recognising the problem and for the ongoing efforts to combat domestic violence. However, there is still a lack of specific legislation on violence against women and domestic violence. The Committee is concerned about the attitude of law enforcement officers that fosters a reluctance of victims to report abuse. The Committee recommends comprehensive measures to address all forms of violence against women and girls, to recognise that such violence constitutes a violation of human rights, guarantee immediate access to redress and protection and ensure that perpetrators are prosecuted and punished. The State should initiate awareness-raising efforts on violence against women and train public officials to understand that all forms of violence are unacceptable. It further recommends that Angola increase legal aid throughout the country. (paragraphs 152 and 153) Universal Periodic Review (February 2010) 59. To strengthen and intensify its actions to prevent and by reduce violence against children (Portugal) (accepted) 66. To expeditiously take the actions necessary to combat the negative phenomenon of violence against children, and to provide efficient rehabilitation and reintegration schemes for victims (Slovakia) (accepted) The juvenile justice system is not in line with international standards, including plans to lower the age of criminal responsibility from 16-14; the detention of children with adults; and the fact that it is unclear if children in conflict with the law between the ages of 16 and 18 will continue to benefit from the specific protection of juvenile offenders UN Committee on the Rights of the Child (Concluding Observations, October 2010) The Committee notes with interest the adoption of rules on alternative measures for juvenile justice. However, the Committee is concerned that the draft penal code proposes lowering the minimum age of criminal responsibility from 16 years to 14 years and that it is unclear if children in conflict with the law between the ages of 16 and 18 will continue to benefit from the specific protection for juvenile offenders. The Committee is also concerned that the application of juvenile justice in provinces other than Luanda is very limited, that specific penal procedural rules during their trial before the Provincial Family Judges are not available and that, even in Luanda province, financial and human resources are severely lacking. Furthermore, the Committee is concerned that children are detained together with adults in prisons and at reports of ill-treatment by police of children in custody. The Committee urges the State party to ensure that juvenile justice standards are fully implemented, in particular articles 37 (b), 39 and 40 of the Convention, as well as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules). In particular the Committee recommends that the State party, while taking into account the Committee's general comment No. 10 (2007) on the administration of juvenile justice: Working group on arbitrary detention Country visit: 17-27 September 2007 Report published: 29 February 2008 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 pre-trial 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 pre-trial 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).