COMOROS: Children's Rights References in the Universal Periodic Review

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

Comoros- 5th Session - 2009
13th May, 9am to 12pm

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National Report
Compilation of UN Information
Stakeholder Information
Accepted and rejected recommendations


National Report

Oral presentation (in french) delivered in absence of a report.

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UN Compilation

8. In 2000, CRC remained concerned that the text of the Convention has not yet been translated into all national languages and that professionals working with and for children, parents, and the public at large are generally not aware of the Convention and of the human rights it enshrines. CRC recommended that Comoros develop an ongoing programme for the dissemination of information regarding the Convention and pursue efforts to promote child rights education in the country, including initiatives targeting the most vulnerable groups.

9. Concern was also expressed at the lack of information on the current allocation of resources in favour of children, particularly in a context of widespread poverty. CRC urged Comoros to develop as soon as possible a policy for the allocation of resources in favour of children, including resources provided by international agencies or through bilateral assistance, and to establish how these resources will be used in future, ensuring that priority is given to the alleviation of poverty.

15. UNICEF noted that, as of 2000, 16 per cent of children did not have a birth certificate, which varied quite a bit between islands, from 10 per cent in Grande Comore to 25 per cent in Anjouan. CRC recommended that Comoros establish as quickly as possible the practice of systematic birth registration for all children born within the national territory and that it proceed with the registration of those children who have not been registered.

16. Concern was expressed by CRC at the situation of children with disabilities who are marginalized and discriminated against and at the lack of legal protection, programmes, facilities and services for children with disabilities aimed at facilitating their development and full integration in society. It recommended that Comoros establish special education programmes for children with disabilities and actively seek their inclusion in society.

21. CRC noted with concern that the practice of corporal punishment in the home is socially and legally accepted, particularly for boys. The practice of corporal punishment in Koranic schools was also noted as a matter of concern by CRC. It recommended that Comoros take effective measures to prevent and combat child abuse and ill-treatment of children within the family, at school and in other institutions, and in society at large. Furthermore, educational programmes should be established to combat traditional attitudes in society regarding this issue. In particular, CRC recommended that Comoros include in its legislation a specific prohibition on the use of corporal punishment within the family and at school.

22. In 2000, CRC stressed that as a result of the socio-economic crisis in Comoros, it is very likely that children may start to become victims of sexual exploitation, sale and pornography. It recommended that Comoros take all available measures, including legal ones, for the prevention and combat of this phenomenon. The growing numbers of children who are forced to live and work on the streets were also matter of concern. CRC recommended that Comoros establish special programmes to address the situation of children living and/or working in the streets. Moreover, Comoros should ensure that these children have access to health care, rehabilitation services for physical, sexual and substance abuse, services for reconciliation with families, comprehensive education, including vocational and life-skills training, and legal aid.

23. UNICEF noted that legislation relating to child welfare was adopted in December 2005 and that an amendment of the Penal Code to include criminalization of sexual abuse of children was approved by the National Assembly in August 2007.

25. In 2000, CRC expressed its concern at the limited measures taken for children in conflict with the law. In particular, it noted with concern the detention of children in prisons with adults, the deteriorating living conditions in detention centres and the lack of rehabilitation programmes. CRC recommended that Comoros take effective measures to ensure that the juvenile justice system is in full conformity in practice, as well as in the legislation, with the provisions of the Convention and of other United Nations standards in this field. UNICEF informed that legislation relating to juvenile delinquency and the organization of juvenile courts was adopted in December 2005.

27. In 2000, CRC recommended that Comoros increase the legal minimum age for marriage and ensure non-discrimination against girls in this regard. It also recommended considering the need for effective public information and sensitization activities to discourage early marriage. UNICEF noted that the Family Code adopted in 2005 sets the legal age of marriage at 18 years for both boys and girls.

29. While noting the positive aspects of the placement of children in informal foster care, in

particular of children from rural areas, for educational reasons, CRC expressed concern at the lack of adequate monitoring to prevent possible abuse of these children, such as their use as domestic workers. It recommended that Comoros take the necessary measures to establish outside supervision of these placements, in order to prevent the child from being abused by his/her foster family.

33. In 2000, CRC was seriously concerned at the way in which the principle of respect for the views of the child (art. 12) is interpreted in the State, especially since according to the report, a child needs to be “trained” to become a human being. CRC encouraged Comoros to promote public awareness of the participatory rights of children. It also urged the adoption of effective measures to ensure respect for the views of the child within schools, families, social institutions and in the care and judicial systems, in accordance with the provisions of article 12 of the Convention.

36. In 2000, concern was expressed by CRC at the allegedly growing number of children involved in labour activities, including in the informal sector, in agriculture and in the family context, and at lax law enforcement. The Committee urged Comoros to make urgent efforts to monitor and address the use of child labour. It recommended that Comoros improve its monitoring mechanisms to ensure the enforcement of existing labour laws and protect children from economic exploitation.

38. According to the United Nations Statistics Division in 2008, 62 per cent of the population was undernourished in 2002 and 24.9 per cent of children under five were moderately or severely underweight in 2004. UNICEF indicated that high malnutrition rates among children under five are due on one hand to poverty, food insecurity and high prevalence of diseases, and on the other to inadequate knowledge about nutrition.

39. UNICEF noted that although infant and under-five mortality rates are declining since the 1990s, the figures continue to be high, especially in rural areas. CRC expressed similar concerns and added that a large number of births take place outside the hospital system. It urged Comoros to adopt, in cooperation with international agencies, effective plans to combat childhood and maternal mortality, such as the WHO/UNICEF Integrated Management of Childhood Illness scheme.

40. A 2007 UNFPA report stressed that existing health resources, including personnel, facilities, equipment and drugs, are inadequate, making it difficult for the Government to respond to the health needs of the population. Concern was expressed by CRC at the limited access of children to health services, especially with regard to the shortage of medication and technical equipment, and of medical and public health personnel. The general lack of attention to the health problems of adolescents was also a matter of concern. CRC encouraged Comoros to increase its efforts in the health sector, including through the strengthening of data collection and disease surveillance mechanisms, the allocation of adequate resources and the reinforcement of training and support for health sector staff. It also recommended that Comoros ensure equitable access to existing health-care services and that it make every effort to increase vaccination coverage.

43. CRC recommended that the State party take all appropriate measures, including through international cooperation, to prevent and combat the damaging effects of environmental degradation on children, including pollution and contamination of water supplies. CRC also recommended that Comoros take effective measures, including through international cooperation, to improve housing facilities for families.

44. In 2000, CRC expressed concern that school enrolment ratios are low and equal access to education is not ensured. It was also concerned at the high level of illiteracy in the country, gender disparities in school attendance and high drop out rates. CRC added that the education system is affected by a general lack of facilities and equipment, insufficient qualified teachers, and a drastic shortage of text books and other learning materials. The Committee recommended that Comoros continue its efforts to promote and facilitate school attendance, particularly among girls. It also recommended taking effective measures to ensure that primary education is available to all, to improve the quality of teaching and to reduce drop-out rates.

45. UNICEF submitted that over the past five years, the Comorian education system has not grown at the same pace as the school age population, implying that the system could not have been able to physically accommodate the totality of children in school age. As a result, the net enrolment rate has stagnated at 73 per cent between 2003 and 2007, with significant disparities between islands. The gender gap has considerably dropped from 13.3 in 2003 to 4.1 percentage points in 2007.

47. UNICEF noted the issue of falsification of identity documents to facilitate migration abroad seeking education and/or job opportunities. It also indicated that migration by precarious boats under highly risky circumstances puts thousands of lives in danger every year, including those of children and women.

48. In 2000, CRC took note of the ongoing peace negotiations with the separatist forces in the island of Anjouan and of the embargo imposed on that island. CRC was concerned at the negative effects of the State’s political instability and the socio-economic crisis on children. It expressed concern at the reported use of child soldiers by the different militias in the island and encouraged Comoros to sign and ratify the Optional Protocol to the Convention on the involvement of children in armed conflict. In its resolution 58/120, the General Assembly welcomed the signing of the Fomboni Agreement of February 2001, which created prospects for a peaceful resolution of the separatist crisis.

56. UNICEF submitted information on capacity-building and technical assistance provided to, inter alia, delivering quality basic social services for children and women and advocating against sexual violence and all forms of abuse and exploitation of children.

57. In 2000, CRC encouraged the Comoros to seek technical assistance to: accede to the international and regional human rights instruments to which it is not yet party; complete the process of law review; disseminate the Convention and raise awareness about it; combat discrimination against children with disabilities; prevent and combat child abuse and ill-treatment of children; combat economic exploitation of children; ensure that the juvenile justice system is in full conformity with the provisions of the Convention and of other United Nations standards in this field; take measures for the prevention of HIV/AIDS; address the situation of children living and/or working on the streets; and strengthen the educational system.

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Stakeholder Compilation

4. The Global Initiative to End All Corporal Punishment of Children (GIEACPC) indicated that corporal punishment of children is lawful in the home and that Articles 297 and 298 of the Penal Code permit the use of “light” punishment by parents and those with authority over children. It added that Article 95 of the Family Code provides that those with parental authority must protect children from violence, with the exception of “light” violence exercised under the “right of correction” of parents.

Accepted and Rejected Recommendations

The following recommendations were accepted:

A - 14. Create an agency for the protection of children with the help of partners such as UNICEF (France);

A - 17. Develop a national strategy to guarantee better access to education to all children and include in the school system at all levels appropriate measures in the field of human rights education, in accordance with the Plan of Action 2005-2009 of the World Programme for Human Rights Education (Italy);

A - 27. Continue efforts to give special regard to women and children and ensure their enjoyment of human rights and fundamental freedoms (Jordan); continue to harmonize, implement and enforce existing laws aimed at protecting the human rights of women and children (Malaysia); continue its commitment to the improvement of the situation of women in society through policies, programmes and projects to that end (Lebanon); improve the overall conditions of children by taking into account the recommendations made by the Committee on the Rights of the Child, with the support and assistance of the international community (Bangladesh);

A - 28. Do more to ensure that children with disabilities are fully integrated into society (United Kingdom);

A - 29. Establish systematic registration of all newborn children and adopt further measures, including awareness-raising campaigns, to fight child labour and violence against children (Czech Republic);

A - 31. Consider enacting legislation which prohibits the use of corporal punishment on children within the family and at school and promotes alternative forms of discipline (Brazil); take concrete measures by law to prevent and combat child abuse and ill-treatment of children within the family, at school, in other institutions and in society at large and to officially prohibit by law the use of corporal punishment within the family and at school (Germany);

A - 32. Set up a national strategy for combating sexual abuse of children, including child pornography, with a view of preventing and combating the phenomenon (Canada);

A - 33. Take all necessary and appropriate measures to eradicate all forms of child labour, in accordance with international legal standards, and to protect children from economic exploitation (Italy);

A - 36. Give particular attention to train judges and police officers and improve care structures for children, with a view to improve its system of protection of children and justice for minors, and with this objective request support from the international community in general and technical assistance from OHCHR in particular (Algeria);

A - 43. Take concrete measures aimed at reducing the poverty rate and further increasing access to education and health care for all, particularly for vulnerable segments of the society including women and children (Islamic Republic of Iran);

A - 47. Continue efforts to promote school attendance of children and to fight illiteracy through specific programmes for the most vulnerable population, especially in rural areas (Morocco);

A - 50. Request assistance from the United Nations specialized agencies, specifically the World Health Organization, to provide financial and technical support as necessary to consolidate measures for the reduction of maternal and child mortality and improve children’s access to health care (Morocco);

The following recommendations were rejected:

No relevant rejected recommendations.

The following recommendations were left pending:

No relevant recommendations were left pending.

 

Countries

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