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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.
Scroll to: ____________________________________________________________________ UN Committee on the rights of the child (Concluding Observations, October 2006) While noting with appreciation the ratification by the State party of relevant ILOConventions, as well as the adoption of an appropriate legislative framework, the Committee is concerned at the lack of data on the issue of economic exploitation of children. The Committee is also concerned at information according to which children, in particular indigenous children, are exploited economically. Finally, the Committee is concerned at reports that children, in particular from the Democratic Republic of Congo and indigenous children, are recruited to clean sewers and latrines manually, which is extremely hazardous to their health. The Committee urges the State party to develop and implement, with the support of ILO, UNICEF, and NGOs, a comprehensive plan of action to prevent and combat child labour, in full compliance with ILO Conventions No. 138 and No. 182, which the State party has ratified, and to pay special attention in this regard to vulnerable and migrant children. (Paragraphs 79 and 80) UN Committee on Economic, Social and Cultural Rights 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. 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 marginalised 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 co-operation programmes. (Paragraph 19) Universal Periodic Review (May 2009) 30. Adopt measures immediately and in line with international human rights standards to protect the rights of children and in particular to prohibit child labour and prevent, criminalise and punish sexual exploitation and child trafficking (France); (accepted) ____________________________________________________________________ Inadequate health provision, particularly in response to HIV and AIDS UN Committee on the Rights of the Child (Concluding Observations, October 2006) 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 authorising 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: (a) The lack of health infrastructure and the insufficient human and financial resources provided to health; (b) The persisting high levels of maternal mortality rates; (c) The existence of sociocultural factors that remain obstacles to access by women, especially women from minority groups, to health services; (d) The criminalisation of abortion, except if pregnancy is harmful to the mother's life and/or health, which leads women to seek unsafe and illegal abortions, and in some cases, to commit infanticides; (e) The lack of sufficient information provided to women on sexual and reproductive health and rights and family planning; (f) The low rate of contraceptives use; and (g) The disproportionately high number of women infected with HIV/AIDS. In line with its general recommendation No. 24 on women and health (1999), the Committee calls on the State party to: (a) Ensure, with the support of the relevant UN agencies, that adequate funding is provided to healthcare services, and that the number of health-care facilities and the trained healthcare providers and personnel is increased; (b) Strengthen its efforts to reduce the incidence of maternal mortality and eliminate its causes; (c) Address the obstacles to women’s access to health care, including sociocultural norms, that constitute a risk to women; (d) Ensure the provision of skilled medical aid and health facilities to women and girls suffering from health complications due to unsafe abortion, and consider reviewing the law relating to abortion for unwanted pregnancies with a view to removing punitive provisions imposed on women who undergo abortion, in line with the Committee’s general recommendation 24 (1999) on women and health; (e) 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; (f) Ensure that all women and girls have free and adequate access to contraceptives, sexual and reproductive health services, including in rural areas; and (g) Ensure the effective implementation of the national multisectoral strategic framework against HIV/AIDS and sexually transmitted infections (2009- 2013). (Paragraphs 35 and 36) UN Committee on Economic, Social and Cultural Rights 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. 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. (Paragraph 21) UN Committee on the Elimination of Discrimination against Women 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 authorising 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. 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; (Paragraphs 35 and 36) Special Rapporteur on the Rights of Indigenous Peoples Indigenous people expressed frustration at their poor health conditions and limited access to health services. The Special Rapporteur heard repeatedly from community members that they are often only welcomed at hospitals if they show that they have financial means. Even where free medical services are provided (children are entitled to free medical services under the new child protection law), payment for prescription drugs and obstetric services is almost always required. This reality is compounded by the absence of a public health infrastructure in indigenous villages; indigenous people must seek treatment at health facilities located in Bantu villages with Bantu personnel, where they are often subjected to discrimination or unequal treatment by health-care professionals or other patients. (Paragraph 26) The lack of financial resources to access government health services heightens reliance on traditional remedies to address illness. Indigenous knowledge of traditional medicine and therapeutic plants is renowned and has been the source of trade with Bantu villagers. However, traditional medicine appears to be powerless against certain modern illness to which indigenous peoples are now exposed. Reports indicate, for example, that yaws, hernias and appendicitis have become fatal conditions for these populations, also, maternal and infant death rates remain very high. (Paragraph 27) Also guaranteed is access on a non-discriminatory basis to health care and all other social services (art. 22). The law stipulates that the centres delivering these services must be adapted to indigenous peoples’ needs in the areas in which they live (art. 23.1); it provides for the participation of indigenous health-care workers in integrated primary health-care services, and the organisation by the State of vaccination programmes and reproductive health-awareness campaigns (art. 23.2). The law further provides for the specific health needs of indigenous women and children to be taken into account (art. 23.3). (Paragraph 46) While the Government has taken important steps to improve indigenous health, it should strengthen efforts to ensure that indigenous peoples have equal access to primary health care and that the basic health needs of indigenous communities are met, especially in remote areas. Further efforts should be made by the Ministry of Health, in consultation with UNICEF and WHO, to improve the delivery of health services to indigenous peoples in a culturally appropriate manner, with attention to the special health needs of indigenous women and children. Every effort should be made to enhance indigenous peoples’ participation in the formation of health policy and delivery of services. The Government should ensure and strengthen support for health-care initiatives by indigenous communities and organisations as a matter of priority. All medical professionals should be provided with comprehensive, culturally appropriate medical training, and health services in the language of the community should always be available. (Paragraph 75) ____________________________________________________________________ Inadequate education provision UN Committee on the Rights of the Child (Concluding Observations, October 2006) The Committee notes with appreciation that the State party has adopted legislation whereby primary education is compulsory and free of charge. The Committee is however concerned at the insufficiency of budget allocations for pre-primary, primary, and secondary schools, and the poor quality of education. The Committee is also concerned at the common practice of parents’ associations having to support the functioning of the educational system by contributing to the salaries of teachers, as well as to the operating and investment expenditure of schools, such as building and furnishing of classrooms facilities. Furthermore, the Committee is concerned at the large number of repetition and drop-outs, overcrowded schools, the low attendance in secondary school, the insufficient number of trained teachers and available school facilities. The Committee is further concerned at the low number of children graduating from primary school and the lack of vocational training for children, in particular those who drop out of school. Finally, the Committee is concerned at the limited access of indigenous children to education. The Committee recommends that the State party: (a) Increase public expenditure on education, in particular primary education; (b) Ensure that primary education is free of direct and hidden costs and compulsory, and that all children are enrolled in mandatory school; (c) Pay specific attention to disparities in access to schools based on sex, socio-economic, ethnic and regional grounds, and ensure all children’s full enjoyment of the right to education; (d) Increase the number of well trained teachers, especially female, taking into account the lack of qualified teachers, and provide additional school facilities, particularly in rural areas; (e) Undertake additional efforts to ensure access to informal education to those children who dropped out of school before graduation, including indigenous children, street children, orphans, children with disabilities, and former child soldiers; (f) Strengthen vocational training, including for children who have left school before completion; (g) Improve enrolment in secondary schools; (h) Facilitate access to pre-primary education; and (i) Seek technical assistance from UNICEF, in particular to improve access to education for girls and indigenous children. (Paragraphs 68 and 69) UN Committee on Economic, Social and Cultural Rights 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. 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. (Paragraph 23) UN Committee on the Elimination of Discrimination against Women 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. 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. (Paragraphs 31 and 32) Universal Periodic Review (May 2009) 26. Continue efforts undertaken for the protection and realisation of the rights of the child, particularly regarding access to education (Algeria); (accepted) 38. Continue to invest in education, giving special attention to women and girls (Holy See); (accepted) ____________________________________________________________________ Discrimination against children from indigenous backgrounds, particularly with regards to education, health and birth registration UN Committee on the Rights of the Child (Concluding Observations, October 2006) While noting with appreciation that the Constitution prohibits discrimination, the Committee is concerned at the fact that those dispositions do not cover the full scope of article 2 of the Convention, inter alia birth and disability. The Committee is also concerned at the inadequate enforcement of the Constitution with respect to non-discrimination. It is further concerned in particular at the widespread ethnic-based discrimination against indigenous people. The Committee recommends that the State party: (a) Ensure that the Constitution is amended to prohibit discrimination on any grounds covered by the Convention; (b) Intensify its efforts to ensure that existing legislation guaranteeing the principle of non-discrimination is fully implemented, in accordance with article 2 of the Convention; (c) Adopt a comprehensive strategy, including comprehensive public education campaigns, and take appropriate legislative and administrative measures to ensure the actual elimination of discrimination based on any grounds against vulnerable groups, including indigenous populations, girls, HIV/AIDS infected children, street children and refugee children; (d) Provide specific information in its next periodic report on measures and programmes relevant to the Convention taken with a view to eliminating discrimination against any group of vulnerable children; and (e) Provide specific information in its next periodic report on the measures and programmes relevant to the Convention adopted by the State party to follow up on the Declaration and Programme on Action adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance held in Durban in 2001, taking into account the Committee’s general comment No. 1 (2001) on the aims of education). (Paragraphs 26 and 27) Finally, the Committee is concerned at the limited access of indigenous children to education. The Committee recommends that the State party: (e) Undertake additional efforts to ensure access to informal education to those children who dropped out of school before graduation, including indigenous children, street children, orphans with disabilities, and former child soldiers; (Paragraphs 68 and 69) (f) Seek technical assistance from UNICEF, in particular to improve access to education for girls and indigenous children. The Committee notes with appreciation that the Constitution prohibits discrimination and welcomes the establishment of the Inter-Ministerial Committee to coordinate actions on issues related to indigenous people. It also commends the State party for having drafted a Law on the Promotion and Protection of the Rights of Indigenous Populations in the Republic of the Congo and for having elaborated with the technical assistance of UNICEF a development programme designed for indigenous populations. However, the Committee is concerned at the alarming situation of the latter, in particular indigenous children, who are victims of economic exploitation, systematic violence, including rape, and systematic discrimination, in particular with respect to access to health services, education and birth registration. The Committee is also concerned that the draft Law on the Promotion and Protection of the Rights of Indigenous Populations does not refer explicitly the rights of indigenous children. The Committee recommends that the State party: (a) Amend the draft Law on the Promotion and Protection of the Rights of Indigenous Populations in the Republic of the Congo, so as to ensure that it explicitly covers all areas of the Convention on the Rights of the Child; (b) Adopt a Plan of Action for Indigenous People which would address discrimination at all levels; (c) Dedicate more attention to securing the physical integrity of indigenous children; (d) Take affirmative measures to ensure that indigenous children gain de facto enjoyment of their rights, in particular in the area of health and education; and (e) Take due account of the recommendations adopted by the Committee following its day of general discussion on the rights of indigenous children held in September 2003. (Paragraphs 88 and 89) UN Committee on the Elimination of Racial Discrimination The Committee is concerned by the marginalisation 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. 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; (Paragraph 15) 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. 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)). (Paragraph 17) Special Rapporteur on the Rights of Indigenous Peoples Levels of indigenous school enrolment are low and indigenous children rarely complete primary school. A study funded by UNICEF found that 65 per cent of indigenous teenagers aged 12-15 years did not have access to education, compared to 39 per cent of the general population.6 The African Commission on Human and Peoples Rights noted in 2007 that only 2.9 per cent of school children were indigenous, much lower than the estimated 10 per cent of the school-age population that is indigenous. (Paragraph 21) Remote settlements, exclusion and conditions of extreme poverty impede indigenous children’s access to education. Schools are sometimes located far from indigenous villages, requiring indigenous students to travel long distances to get to school. Even though primary education is officially free,8 due to the lack of sufficient teachers in remote areas, indigenous families are often expected to contribute to teachers’ wages, and often cannot afford to buy basic supplies such as pens, books, chalk, slates, or even adequate clothing to enable their children to attend schools. In addition, enrolment fees are often required for post-primary education, which constitutes a severe block to indigenous access to higher levels of education. There are also reports of outright discrimination in schools against indigenous children by other students and teachers. (Paragraph 22) Other important factors that impede indigenous education are the school curriculum and calendar. The Special Rapporteur learned that indigenous children rarely have access to education in their own language or about their own culture. Also, schools rarely adapt to the seasonal patterns of hunting and gathering of indigenous peoples. For example, during the important periods of honey or caterpillar gathering, on which many indigenous people rely for their survival, indigenous children are unable to accompany their families into the forests for weeks at a time without missing school and falling behind in school work. Furthermore, given that indigenous families often depend on each family member to gather food for their survival, sending children to school often means a choice between education and subsistence. (Paragraph 23) However, the Special Rapporteur did learn about programs that adapt education to the needs of indigenous communities, including certain church schools or privately initiated programmes like the ORA9 schools, a joint initiative of UNICEF and local organisations. Taking the indigenous calendar into account in designing curriculum, ORA schools use a non-formal teaching method based on the ways of life of indigenous peoples. Both indigenous languages and French are used in the three-year integration phase, which prepares indigenous students for integration into mainstream schools. Eighteen pilot ORA schools have been set up in the departments of Likouala and Sangha, through which 1,600 indigenous students have gained access to basic education. The Government informed the Special Rapporteur about the incorporation of a line item in the 2011 budget to evaluate the ORA system with a view to its inclusion in the national educational system. (Paragraph 24) The Special Rapporteur also learned about an education program in Sibiti that trains indigenous youth in basic engineering skills, which according to reports, is adapted to the needs of the local people in several respects, including providing training in indigenous languages. (Paragraph 25) Title Four of the law addresses education and guarantees discrimination-free access to education (art. 17). The State commits to implementing educational programs that are appropriate to the specific needs and lifestyles of indigenous peoples (art. 19). Furthermore, article 18 forbids any form of instruction or information that disparages the cultural identities, traditions, history or aspirations of indigenous people. Article 21 makes clear that the State must take special measures to ensure that indigenous children benefit from financial assistance at all levels within the educational system. (Paragraph 45) The plan also establishes significant targets and goals that would directly improve the lives of indigenous peoples. Priority area 1 encompasses education, including improving access of school-age indigenous children to good-quality primary education. The goals of the second area, which focuses on health, include improved access for indigenous persons to good-quality health and nutrition services, preventive HIV/AIDS care, potable water, and sanitation and hygiene services. The third thematic area, which deals with citizenship and legal protection, seeks to ensure that all indigenous infants and their parents acquire civil identity documents and that laws are reinforced to protect indigenous peoples and reduce discrimination and impunity. The fourth priority area, concerning cultural identity and access to lands and resources, targets negative national attitudes towards the cultures of indigenous peoples and aims to increase their participation in conservation and sustainable development activities, as well as improve their access to revenue-generating programmes designed to reduce extreme poverty. The final two thematic areas are dedicated to building the capacity of indigenous advocacy organisations. (Paragraph 50) Indigenous people expressed frustration at their poor health conditions and limited access to health services. The Special Rapporteur heard repeatedly from community members that they are often only welcomed at hospitals if they show that they have financial means. Even where free medical services are provided (children are entitled to free medical services under the new child protection law), payment for prescription drugs and obstetric services is almost always required. This reality is compounded by the absence of a public health infrastructure in indigenous villages; indigenous people must seek treatment at health facilities located in Bantu villages with Bantu personnel, where they are often subjected to discrimination or unequal treatment by health-care professionals or other patients. (Paragraph 26) The lack of financial resources to access government health services heightens reliance on traditional remedies to address illness. Indigenous knowledge of traditional medicine and therapeutic plants is renowned and has been the source of trade with Bantu villagers. However, traditional medicine appears to be powerless against certain modern illness to which indigenous peoples are now exposed. Reports indicate, for example, that yaws, hernias and appendicitis have become fatal conditions for these populations, also, maternal and infant death rates remain very high. (Paragraph 27) Also guaranteed is access on a non-discriminatory basis to health care and all other social services (art. 22). The law stipulates that the centres delivering these services must be adapted to indigenous peoples’ needs in the areas in which they live (art. 23.1); it provides for the participation of indigenous health-care workers in integrated primary health-care services, and the organisation by the State of vaccination programmes and reproductive health-awareness campaigns (art. 23.2). The law further provides for the specific health needs of indigenous women and children to be taken into account (art. 23.3). (Paragraph 46) While the Government has taken important steps to improve indigenous health, it should strengthen efforts to ensure that indigenous peoples have equal access to primary health care and that the basic health needs of indigenous communities are met, especially in remote areas. Further efforts should be made by the Ministry of Health, in consultation with UNICEF and WHO, to improve the delivery of health services to indigenous peoples in a culturally appropriate manner, with attention to the special health needs of indigenous women and children. Every effort should be made to enhance indigenous peoples’ participation in the formation of health policy and delivery of services. The Government should ensure and strengthen support for health-care initiatives by indigenous communities and organisations as a matter of priority. All medical professionals should be provided with comprehensive, culturally appropriate medical training, and health services in the language of the community should always be available. (Paragraph 75) Access to all social services, which is often contingent on civil status – as is the case with primary school enrolment –, is difficult due to the low birth registration rate among indigenous people. Since birth registrations are ordinarily conducted in the main population centres of each department, which are often long distances from indigenous communities, many indigenous children do not have a birth or civil status certificate. Discrimination also plays a role in this lack of documentation, as, according to reports, indigenous peoples are often asked to pay for certification, despite it being officially free of charge. The Special Rapporteur notes the initiative of the Ministry of the Interior to address this issue through the adoption of a special procedure to register indigenous babies and ensure that they are given birth certificates. (Paragraph 28) Universal Periodic Review (May 2009) 23. Continue implementing measures to handle the problem of violence against women and combat impunity in this regard (Sweden); take further steps to address discrimination against women and vulnerable groups, including children, persons belonging to minorities and indigenous people (United Kingdom); (accepted) ____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, October 2006) The Committee notes that the traditional perception of the child in Congolese society may be in conflict with the definition of the child enshrined in the Convention, in particular with regard to the age of majority, since in traditional views the transition from a play and learning stage of development to work and marriage occurs sooner. The Committee is concerned that children, especially those living in rural and remote areas, are excluded from the full implementation of the enjoyment of their rights, in particular with regard to the consideration of their best interests, the respect of their views, and the full development of their individual potentials. The Committee urges the State party to ensure that all children on its territory enjoy all the rights enshrined in the Convention until the age of 18. (Paragraphs 24 and 25) UN Committee on the Elimination of Discrimination against Women 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 authorised 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. 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. (Paragraphs 15 and 16) 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 criminalisation 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. 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) Sensitise 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 (Paragraphs 43 and 44) ____________________________________________________________________ Harmful traditional practices, including female genital mutilation UN Committee on the Rights of the Child (Concluding Observations, October 2006) The Committee is concerned that female genital mutilation is still practised in some West African communities living in the Republic of the Congo. The Committee recommends that the State party adopt legislation prohibiting such harmful practices and take well targeted measures to ensure the eradication of female genital mutilation in all communities living on its territory, including through widespread awareness-raising campaigns, and encourage children to report these practices to health professionals and competent authorities. (Paragraphs 64 and 65) UN Committee on the Elimination of Discrimination against Women While noting that the delegation was aware of the obstacles that stereotypes represent for the advancement of women and that the State party organised 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 authorised 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. 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. (Paragraphs 21 and 22) Universal Periodic Review (May 2009) 24. Adopt laws prohibiting female genital mutilation and take focused measures to ensure that such practices are dropped as a result of broader awareness-raising campaigns (France); prohibit female genital mutilation (Netherlands); adopt legislation to prohibit female genital mutilation and measures to eradicate this practice, including campaigns to increase awareness of this issue (Spain); (accepted) 25. Adopt legislation prohibiting practices of violence affecting Congolese women in line with CEDAW and eradicate female genital mutilation (Argentina); (accepted) ____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, October 2006) While noting that the State party has ratified the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others on 25 August 1977, the Committee is concerned at the absence of legislation prohibiting trafficking in persons, particularly children. The Committee recommends that the State Party take the necessary measures to criminalise trafficking in persons, particularly children, by enacting legislation in conformity with the Convention on the Rights of the Child and the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others. The Committee also recommends that the State party ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children which supplements the United Nations Convention against Transnational Organised Crime. The Committee further recommends that the State party provide information in its next report on: (a) Programmes and activities aiming at the psychological recovery of children victims of trafficking; (b) Existing bilateral or multilateral agreements on the issue of trafficking ensuring that special attention is paid to the needs of children who are returned to their country of origin; and (c) Progress made in relation to a study which the State party should conduct on the root causes and implications of trafficking. UN Committee on the Elimination of Discrimination against Women 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 authorised 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. 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. (Paragraphs 15 and 16) 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. 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; (Paragraphs 27 and 28) Universal Periodic Review (May 2009) 30. Adopt measures immediately and in line with international human rights standards to protect the rights of children and in particular to prohibit child labour and prevent, criminalise and punish sexual exploitation and child trafficking (France); (accepted) 31. Reinforce national legislation prohibiting trafficking in persons, in particular children (Angola); criminalise trafficking in children and sexual exploitation of children, in line with international standards, (Argentina); (accepted) 32. Finalise and enact the draft law prohibiting all forms of trafficking and develop formal procedures for identifying trafficking victims among vulnerable populations such as females in prostitution, street children and Pygmies, and train police and social workers to implement these procedures (United States); (accepted) 81, R - Paragraph 26 (f) (United States) "Increase efforts to provide care to trafficking victims and end the practice of jailing children found in prostitution and increase efforts to raise awareness among vulnerable populations of the danger of trafficking (rejected) ____________________________________________________________________ Violence and sexual violence against children, particularly and girls UN Committee on the Rights of the Child (Concluding Observations, October 2006) While noting with appreciation that the State party has undertaken a study on punishment for persons who committed sexual violence,the Committee is concerned at the allegedly high incidence of child abuse, including domestic violence and incest. The Committee recommends that the State Party take the necessary measures to prevent child abuse and neglect, including by: (a) Establishing effective mechanisms to receive, monitor and investigate complaints on cases of child abuse, and ensure that perpetrators are brought to justice; (b) Ensuring that complaints are collected in a manner that is child sensitive and respectful of the privacy of the victims; (c) Implementing a comprehensive policy, in coordination with NGOs, for the prevention and recovery of child victims; (d) Carrying out preventive public education campaigns on the criminal character and detrimental consequences of abuse and ill-treatment of children, in particular rape; (e) Adopting a Plan of Action to combat any form of violence against children; (f) In the context of the previous recommendations, paying special attention to children victims of incest; taking measures to bring perpetrators to justice; ensuring that confidentiality and privacy are fully respected in those legal proceedings, and that interviews are conducted in a manner that is child sensitive; (g) Providing support for the operation of a 24-hour three digit toll free helpline; and (h) Seeking the technical assistance of UNICEF. (Paragraphs 50 and 51) UN Committee on the Elimination of Discrimination against Women 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 authorised 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). 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. (Paragraphs 15 and 16) 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 criminalises 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-stigmatising victims and training the police, law enforcement and medical personnel on standardised, gender-sensitive procedures for dealing with victims and effectively investigating complaints; (Paragraphs 23 and 34) 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.(Paragraphs 41 and 42) Universal Periodic Review (May 2009) 23. Continue implementing measures to handle the problem of violence against women and combat impunity in this regard (Sweden); take further steps to address discrimination against women and vulnerable groups, including children, persons belonging to minorities and indigenous people (United Kingdom); (accepted) 25. Adopt legislation prohibiting practices of violence affecting Congolese women in line with CEDAW and eradicate female genital mutilation (Argentina); (accepted) 29. Make further efforts to combat violence and sexual abuses against children for the effective realisation of their rights (Burkina Faso); (accepted) ____________________________________________________________________ Inappropriate use of detention for children UN Committee on the Rights of the Child (Concluding Observations, October 2006) While welcoming the study on juvenile justice undertaken by the State party with the technical assistance of UNICEF, the Committee is concerned that most officials dealing with juvenile justice are not aware of the rights of the child. It expresses further concern at the lack of juvenile judges in the country, and at the fact that children are often detained with adults. The Committee recommends that the State party implement the recommendations of the study on juvenile justice. The Committee also recommends that the State party fully bring the system of juvenile justice in line with the Convention, in particular articles 37, 40 and 39, and with other United Nations standards in the field of juvenile justice, including 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), the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty (the Havana Rules), and the Vienna Guidelines for Action on Children in the Criminal Justice System; and the recommendations of the Committee made at its day of general discussion on juvenile justice held on 13 November 1995 (CRC/C/46, paras. 203-238). In this regard, the Committee recommends that the State party: (a) Take all necessary measures to ensure that persons below 18 are only deprived of liberty as a last resort and when in custody are in any case separated from adults; (b) Take urgent steps to substantially improve the conditions of detention of persons below 18 when deprived of their liberty in conformity with international standards; (c) Provide that persons below 18 deprived of liberty are provided with a full programme of educational activities (including physical education); (d) Establish an independent monitoring system with access to juvenile detention facilities; (e) Train professionals in the area of recovery and social reintegration of children; and (f) Seek technical assistance from the United Nations Interagency Panel on Juvenile Justice. (Paragraphs 87 and 88) Universal Periodic Review (May 2009) 14. Review conditions in all prisons and detention facilities with a view to ensuring their compliance with the Standard Minimum Rules for the Treatment of Prisoners, in particular to establish separate juvenile detention facilities (Czech Republic); (accepted) ____________________________________________________________________ Low rate of birth registration UN Committee on the Rights of the Child (Concluding Observations, October 2006) While welcoming the law in which birth registration has become compulsory, the Committee expresses concern at the fact that a large number of children have still not been registered. The Committee is also concerned at registration fees and penalties attached to late birth registration, which may hinder the process. The Committee is also concerned at the lack of civil registry offices in remote areas and the insufficient awareness of the importance of registration. In the light of article 7 of the Convention, the Committee recommends that the State party establish an efficient and accessible birth registration system, including for non-citizens, which covers its entire territory, including through inter alia: (a) Promoting awareness and appreciation of the importance of birth registration through mass campaigns by providing information on the procedure of birth registration, including the rights and entitlements derived from the registration, through television, radio and printed materials or other means; (b) Ensuring that birth registration is free of charge; (c) Introducing mobile birth registration units in order to reach remote areas; (d) Taking appropriate measures to register those who have not been registered at birth, including indigenous children and refugee children; and (e) Enhancing its cooperation with relevant United Nations programmes, funds and specialised agencies such as UNICEF and the United Nations Population Fund (UNFPA). (Paragraphs 33 and 34) UN Committee on the Elimination of Racial Discrimination Last reported: 18 and 19 February 2009 Concluding Observations issued: 23 March 2009 he Committee notes with concern that the level of registration of births among indigenous people is low and that some indigenous people lack identity documents. 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)). (Paragraph 17) Special Rapporteur on the Rights of Indigenous Peoples Access to all social services, which is often contingent on civil status – as is the case with primary school enrolment –, is difficult due to the low birth registration rate among indigenous people. Since birth registrations are ordinarily conducted in the main population centres of each department, which are often long distances from indigenous communities, many indigenous children do not have a birth or civil status certificate. Discrimination also plays a role in this lack of documentation, as, according to reports, indigenous peoples are often asked to pay for certification, despite it being officially free of charge. The Special Rapporteur notes the initiative of the Ministry of the Interior to address this issue through the adoption of a special procedure to register indigenous babies and ensure that they are given birth certificates. (Paragraph 28) Universal Periodic Review (May 2009) 28. Improve procedures aimed at raising the percentage of children registered at birth (Italy); (accepted)
Last reported: 5 May 2000
Concluding Observations issued: 23 May 2000
Last reported: 5 May 2000
Concluding Observations issued: 23 May 2000
Last reported: 14 February 2012
Concluding Observations issued: 1 March 2012
Country visit: to 12 November 2010
Report published: 11 July 2011
Last reported: 5 May 2000
Concluding Observations issued: 23 May 2000
Last reported: 14 February 2012
Concluding Observations issued: 1 March 2012
Last reported: 18 and 19 February 2009
Concluding Observations issued: 23 March 2009
Country visit: 2 to 12 November 2010
Report published: 11 July 2011
Last reported: 14 February 2012
Concluding Observations issued: 1 March 2012
Last reported: 14 February 2012
Concluding Observations issued: 1 March 2012
Last reported: 14 February 2012
Concluding Observations: 1 March 2012
Last reported: 14 February 2012
Concluding Observations issued: 1 March 2012
Country visit: 2 to 12 November 2010
Report published: 11 July 2011