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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purpose of clarity.
- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on the Elimination of Discrimination against Women
- UN Committee against Torture
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
CCPR/C/79/Add.118
Last reported: 13 / 14 March 2000
Concluding Observations issued: 27 March 2000
Issues raised:
Armed Conflict: The Committee is concerned at the increase in the number of at-risk children due, inter alia, to civil wars. It is deeply concerned in particular at the enlistment of children in armed groups and militias. (Paragraph 19).
The State party should redouble its efforts to take care of these children, assist them, ensure them adequate development and adopt measures to afford them the protection required by their status as minors, in accordance with article 24 of the Covenant.
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UN Committee on Economic, Social and Cultural Rights
E/C.12/1/Add.45.
Last reported: 5th May 2000
Concluding Observations issued: 23rd May 2000
Issues raised:
Child Labour: The Committee is gravely concerned about a number of labour-related issues in the Congo. As a result of the abrogation of the Constitution, many constitutional provisions concerning the right to work and to just and favourable conditions of work are not in effect, such as provisions prohibiting forced and bonded labour by children under the age of 16 and those providing for reasonable pay, paid holidays, periodic paid vacation and legal limits on allowable hours of work. (Paragraph 19).
The Committee urges the State party to adopt a Constitution, in order to ensure that the people of the Republic, and particularly the most vulnerable and marginalized groups of society, enjoy their economic, social and cultural rights. It should also take appropriate measures, to guarantee, inter alia, the prohibition of discrimination, the elimination of forced or bonded labour, particularly of children under 16 years of age, and conditions for the enjoyment of the right to work, such as equal pay for equal work for men and women. The Committee would like to point out that these issues should be brought to the attention of ILO, with which the Government of the Congo is presently negotiating concerning follow-up measures to recently ratified ILO Conventions and possible technical cooperation programmes.
Health: The Committee expresses its grave concern regarding the decline of the standard of health in the Congo. The AIDS epidemic is taking a heavy toll on the country, while the ongoing financial crisis has resulted in a serious shortage of funds for public health services, and for improving the water and sanitation infrastructure in urban areas. The war has caused serious damage to health facilities in Brazzaville. According to a joint study by WHO and UNAIDS, some 100,000 Congolese, including over 5,000 children, were affected by HIV at the beginning of 1997. More than 80,000 people are thought to have died from AIDS, with 11,000 deaths reported in 1997 alone. Some 45,000 children are said to have lost either their mother or both parents as a result of the epidemic. (Paragaph 21).
The Committee strongly urges the State party to pay immediate attention to and take action with respect to the grave health situation in its territory, with a view to restoring the basic health services, in both urban and rural areas, and to preventing and combating HIV/AIDS and other communicable diseases such as cholera and diarrhoea. The Committee also encourages the Government to work closely with WHO and UNAIDS in its efforts to cope with these problems.
Education: The Committee is profoundly dissatisfied with the education system in the Congo. Although the Congo used to have quite a developed education system, that has seriously deteriorated as a result of economic mismanagement, the shortage of resources and political unrest. According to the delegation, there are fewer children enrolling in school, a shortage of teachers and teaching materials, and the school buildings are in a deplorable state. (Paragraph 23).
The Committee urges the State party to pay due attention to the rehabilitation of the educational infrastructure by allocating the necessary funds for teachers' salaries, teaching materials and school building repairs. It also recommends that the State party withdraw its reservation to article 13, paragraphs 3 and 4, of the Covenant.
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UN Committee on the Elimination of Racial Discrimination
CERD/C/COG/9
Last reported: 18 / 19 February 2009
Concluding Observations issued: 23 March 2009
Issues raised:
Education: The Committee is concerned by the marginalization and discrimination to which the Pygmies are subjected in terms of access to justice and the enjoyment of their economic, social and cultural rights, in particular access to education, health and the labour market. The Committee is especially concerned by reports of domination, discrimination and exploitation to which the Pygmies are subjected, at times including modern forms of slavery. (Paragraph 15).
The Committee:
(a) Encourages the State party to redouble its efforts to ensure the full enjoyment by indigenous peoples of their economic, social and cultural rights and, in particular, invites it to take steps to guarantee their rights to education, health, employment and equitable working conditions, inter alia through the establishment of a labour inspection mechanism;
Birth registration: The Committee notes with concern that the level of registration of births among indigenous people is low and that some indigenous people lack identity documents. (Paragraph 17).
The Committee recommends that the State party redouble its efforts to ensure that all births among indigenous peoples are registered and that such registered individuals are provided with personal identity documents. The Committee encourages the State party to bring civil status registration centres closer to the communities where indigenous people live (art. 5 (d)).
Human Rights Education: The Committee is concerned at the lack of information on measures taken to disseminate information on the Convention, and particularly on training courses for members of the judiciary and law enforcement officers, "eco-guards", teachers, social workers and other officials on the provisions of the Convention and their implementation. (Paragraph 20).
The Committee recommends that the State party provide information on human rights education in school curricula and on specific training courses on the provisions of the Convention intended for members of the judiciary, law enforcement officers, "eco-guards", teachers, social workers and other officials (art. 7).
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UN Committee on the Elimination of Discrimination against Women
(CEDAW/C/COG/6)
Last reported: 14 February 2012
Date of Concluding Observations: 1 March 2012
Issues raised:
Early marriage: The Committee is deeply concerned about the long delay in bringing domestic provisions in line with the Convention and about the delegation's statement that the commission in charge of reviewing discriminatory provisions lacked sufficient resources. The Committee is particularly concerned about the existence of discriminatory legal provisions in the family code, the penal code and the tax law, and the absence of laws on violence against women and on trafficking. It is further concerned about the persistence of discriminatory customary practices and local traditions, especially in rural and remote areas, including pre-marriage authorized before the legal age for marriage and levirate, the existence of discrimination with regard to inheritance and property rights and the persistence of traditional justice mechanisms that discriminate against women. (Paragraph 15).
16. The Committee urges the State party to:
(c) Enact, without delay, a comprehensive law on violence against women and a law on trafficking.
(d) Undertake large-scale awareness-raising campaigns for local and religious leaders and the population in general, especially in rural areas on the precedence of national law over discriminatory customary practices and local traditions.
Harmful traditional practices: While noting that the delegation was aware of the obstacles that stereotypes represent for the advancement of women and that the State party organized awareness- raising campaigns on the role and place of women in the family and in the society, the Committee expresses its deep concern at the persistence of adverse cultural norms, practices and traditions as well as patriarchal attitudes and deep-rooted stereotypes regarding the roles, responsibilities and identities of women and men in the family and society. It notes that stereotypes contribute to the persistence of violence against women as well as harmful traditional practices, including levirate and other abusive widowhood rites, female genital mutilation practiced in certain communities, pre-marriage authorized before the legal age for marriage and polygamy. The Committee expresses its deep concern that the State party has not taken sufficient sustained and systematic action to modify or eliminate stereotypes and negative cultural values and harmful traditional practices. (Paragraph 21).
Recalling that combating stereotypes is one of the most important factors of social advancement, the Committee recommends that the State party:
(a) Put in place, without delay, a comprehensive strategy with result-oriented approach to eliminate harmful traditional practices and stereotypes that discriminate against women, in conformity with articles 2 (f) and 5 (a) of the Convention. Such measures should include concerted efforts, in a clear timeframe and in collaboration with civil society, to educate and raise awareness about this subject, targeting women and men at all levels of society, and should involve the school system, the media as well as community and religious leaders;
(b) Address harmful traditional practices such as levirate and other abusive widowhood rites, female genital mutilation, pre-marriages before the legal age for marriage and polygamy, including by adopting legal provisions prohibiting these practices;
(c) Undertake an assessment of the impact of those measures in order to identify shortcomings, and improve them accordingly in a clear timeframe.
Violence: While noting that the delegation was fully aware of the importance of combating violence against women, the Committee remains deeply concerned about:
(a) The high prevalence of violence against women and girls, including domestic violence and sexual harassment in the family, at school, at work and in public spaces; and the practice of female genital mutilations in some communities. (Paragraph 23).
The Committee urges the State party to:
(a) Adopt within a clear timeframe a comprehensive law addressing violence against women, which prohibits and introduces adequate sanctions for domestic violence and sexual harassment and criminalizes female genital mutilation and marital rape;
(d) Encourage women and girls victims of violence to report cases to the police, by raising awareness about the criminal nature of such acts, de-stigmatizing victims and training the police, law enforcement and medical personnel on standardized, gender-sensitive procedures for dealing with victims and effectively investigating complaints;
Trafficking and exploitation of prostitution: The Committee welcomes the cooperation agreement signed on 20 September 2011 with Benin to combat trafficking. However, it is concerned about the lack of data on trafficking in women and girls in the State party. Given the high rates of prostitution of women and girls in the country, the Committee is particularly concerned about the lack of information on exploitation of women in prostitution. The Committee is further concerned about the absence of a comprehensive law and strategy aimed at combating trafficking in human beings. (Paragraph 27).
The Committee recommends that the State party:
(a) Carry out a study to investigate the scope, extent and causes of human trafficking and forced prostitution, particularly of women and girls, including through the collection and analysis of data on trafficking and exploitation of women in prostitution, and provide information on the results of the study, along with sex-disaggregated data, in its next periodic report;
Education: The Committee welcomes the free education for pupils from 6-16 years of age, the carrying-out of adult literacy programmes and awareness-raising campaigns on the importance of girls' education, and the revision of stereotypes contained in school textbooks. However, the Committee is concerned at the persistence of structural and other barriers to quality education, which constitute particular obstacles to the education of girls and young women, such barriers include, among others, early pregnancy, parents' giving priority to their sons' education, indirect cost of schooling, and the negative impact of harmful traditional practices, such as pre-marriages before the legal age for marriage, on girls' education. The Committee is particularly concerned about the high drop-out rates of girls at all levels of education, in particular at the secondary and tertiary levels, the persistence of stereotypes in school textbooks, and the lower literacy rate of women compared to men. (Paragraph 31).
The Committee invites the State party to:
(a) Raise awareness among communities, families, students, teachers and officials, especially men, about the importance of women's and girls' education;
(b) Ensure de facto equal access of girls and young women to all levels of education and retain girls in schools including by providing public scholarships for girls and incentives for parents to send their daughters to school and enabling young women to return to school after pregnancy;
(c) Provide technical and vocational training facilitating the professional insertion of girls who dropped out of school, also orienting them towards traditionally male dominated careers, e.g. in services, trade, logistics and innovative sectors;
(d) Provide adequate educational opportunities for girls and boys with disabilities, including by integrating them into mainstream education;
(e) Undertake a new revision of school textbooks to eliminate remaining stereotypes; and
(f) Strengthen its efforts to improve the literacy rate of women by strengthening adult literacy programmes, especially for women in rural areas.
Health: The Committee welcomes the development of a roadmap to reduce maternal mortality in 2007, the 2009-2013 national multisectoral strategic framework against HIV/AIDS and sexually transmitted infections and the Programme for prevention of mother-to-child transmission of HIV, and the adoption of the law of 2010 authorizing awareness-raising on the use of contraceptives, law no 30-2011 of 3 June 2011 on the fight against HIV/AIDS and protection of the rights of the persons living with HIV/AIDS, and decree no 2008-128 of 23 June 2008 providing for free drugs against malaria for pregnant women. However, the Committee remains concerned about:
(e) The lack of sufficient information provided to women on sexual and reproductive health and rights and family planning. (Paragraph 35).
It urges the State to widely promote education on sexual and reproductive health and rights, including by:
(I) Undertaking large-scale awareness-raising campaigns for the population in general with special attention to early pregnancy and to the importance of using contraceptives for family planning and the prevention of sexually transmitted diseases, including HIV/AID;
(ii) Integrating effective and age appropriate education on sexual and reproductive health and rights at all school levels and incorporating it in the school curricula;
Indigenous women: While welcoming the adoption of the law of 25 February 2011 prohibiting traffic and sexual exploitation of indigenous children and women, the Committee is concerned that indigenous women and girls are extremely vulnerable to sexual violence. It is further concerned about reports of discrimination against indigenous women by health workers. The Committee is also concerned that the State party did not provide adequate information on this issue. (Paragraph 41).
The Committee recommends that the State party:
(a) Take, without delay, concrete actions to protect indigenous women and girls from all forms of violence, establish mechanisms for redress and rehabilitation and take steps to investigate, prosecute and punish all perpetrators of violence against them;
(b) Pay special attention to the needs of indigenous women and girls to ensure that they have access, without discrimination, to health, education, clean water, sanitation services and employment; and
(c) Provide information in the next periodic report on efforts undertaken in this regard and results achieved.
Early marriage: The Committee is deeply concerned about the high prevalence of discriminatory legal provisions and negative customary practices related to marriage and family relations, which reflects the lack of advancement of the status of women in the society. The Committee is concerned about the delay of the State party in reviewing its discriminatory provisions on marriage and family relations and the existence of discriminatory provisions such as: the absence of the same minimum age of marriage for girls and boys (Family Code article 128), the choice of the residence of the family by the husband in absence of mutual agreement (Family Code, article 171), the lawfulness of polygamy (Family Code, articles 121-136), the parental authority, which rests with the father (Family Code, article 168) and the disproportionate sanction applied to women in case of adultery (Penal Code articles 336 and 337). The Committee is also concerned about the absence of criminalization of marital rape. It is further concerned about the prevalence of the practice of pre-marriage before the legal minimum age for marriage, the practice of levirate, and customs and traditional practices which prevent widows from inheriting property. (Paragraph 43).
The Committee recalls article 16 of the Convention as well as its general recommendation No. 21 on equality in marriage and family relations (1994) and urges the State party to:
(a) Accelerate the legislative reform in order to review and amend, within a clear timeframe, existing discriminatory provisions to bring them fully into line with articles 2 and 16 of the Convention; these provisions include the absence of the same minimum age of marriage for girls and boys (Family Code, article 128), the choice of the residence of the family by the husband in absence of mutual agreement (Family Code, article 171), the lawfulness of polygamy (Family Code, articles 121-136); the parental authority, which rests with the father (Family Code, article 171), and the disproportionate sanction applied to women in case of adultery (Penal Code articles 336 and 337);
(b) Adopt legal provisions that prohibit levirate and bring the minimum age for pre-marriage in line with the legal age for marriage, and take measures to eliminate practices which prevent widows from inheriting property;
(c) Sensitize religious and traditional groups and leaders on the importance of the review of discriminatory provisions and practices related to marriage and family relations and ensure their participation in it; and
(d) Provide information in the next periodic report on efforts undertaken in this regard and results achieved.
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UN Committee on Migrant Workers
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UN Committee on the Rights of Persons with Disabilities
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UN Committee on Enforced Disappearance