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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, November 2006) The Committee welcomes the criminalisation of harmful traditional practices in the revised Criminal Code of 2005, and notes with appreciation the efforts undertaken by the National Committee on Harmful Traditional Practices in Ethiopia to document and combat the practice of female genital mutilation (FGM). However, the Committee remains concerned that FGM and forced and early marriages of girls through abduction are still widely practised and that a comprehensive strategy to counteract harmful traditional practices has not been developed. The Committee recommends that the State party adopt a comprehensive strategy to prevent and combat harmful traditional practices and ensure resources for its implementation, in particular in rural areas. Awareness-raising campaigns on the negative effects on the health of children, especially girls, should be conducted for the general public as well as community, traditional and religious leaders. The legislation prohibiting harmful traditional practices and forced and early child marriages should be strictly enforced. The Committee further recommends that the State party provide retraining, where appropriate, for practitioners of female genital mutilation and support them to find alternative sources of income. (Paragraphs 59 and 60) UN Human Rights Committee While noting the recent decrease in the number of cases of female genital mutilation and other harmful traditional practices, as indicated in the State Party’s report, the Committee notes with regret that such practices continue. The Committee regrets the discrepancy in the statistics related to these practices presented by different sources, which makes it difficult for the Committee to have a clear picture of the situation in the country. The Committee also regrets the lack of information on possible cases of prosecution of perpetrators (arts. 2, 3, 7 and 26). UN Committee on Economic, Social and Cultural Rights The Committee notes with concern that, in spite of the criminalisation of the practice of female genital mutilation (FGM), it remains highly prevalent in rural areas. The Committee is concerned that domestic violence continues to be under-reported, that disaggregated data on prosecution and conviction rates in relation to violence against women are absent, and that victim assistance and rehabilitation services are lacking. The Committee is also concerned that marital rape has not yet been criminalised under the Criminal Code (art.10). The Committee recommends that the State party ensure effective enforcement of the Criminal Code provisions criminalising FGM and domestic violence. The Committee recommends that the State party amend its Criminal Code to criminalise marital rape. It recommends that the State party ensure prosecution of perpetrators and impose appropriate penalties, and ensure the provision of mandatory training to judges, prosecutors and the police on these various types of violence against women and on the application of the Criminal Code. The Committee furthermore urges the State party to raise awareness among women and girls so as to encourage reporting of acts of violence, and ensure the availability of adequate victim assistance and rehabilitation services. (Paragraph 14) UN Committee on the Elimination of Racial Discrimination While welcoming the State party’s information that certain harmful traditional practices, such as female genital mutilation and the abduction of girls and young women for marriage, are prohibited by legislation, the Committee remains concerned at the prevalence of these practices in some communities. (art. 5). The Committee recommends that the State party reinforce the measures adopted to eradicate harmful traditional practices through awareness-raising strategies, among other methods, and in consultation with communities engaging in these practices. The Committee further recommends that the State party include detailed information in its next periodic report on the extent of these practices and on the impact of measures taken to address them. (Paragraph 16) UN Committee on the Elimination of Discrimination against Women The Committee notes the State party’s efforts to combat violence against women, including FGM and sexual and domestic violence, e.g. by revising its Criminal Code, establishing special investigation and prosecution units and victim-friendly benches in the federal court system, and providing some legal aid and assistance to women and children victims of violence. However, while noting that FGM is declining among younger women and in urban areas, the Committee notes with concern that FGM remains highly prevalent in rural and pastoralist areas (with the highest rates in the Afar (91.6 percent) and Somali (79 percent) Regions) and that the penalties for FGM stipulated in Articles 561-563, 567 and 569-570 of the Criminal Code (2005) are too lenient. It is also concerned that FGM, sexual, domestic and other forms of violence against women are under-reported due to cultural taboos and victims’ lack of trust in the legal system, and that criminal law provisions are not consistently enforced because of insufficient allocation of funds, lack of coordination among the relevant actors, low awareness of existing laws and policies on the part of law enforcement officials, lack of capacity to apply the law in a gender-sensitive manner, and discriminatory societal attitudes. Lastly, the Committee is concerned about the State party’s failure to criminalise marital rape, its delay in adopting a national strategy to combat violence against women, lack of victim assistance and rehabilitation services, and the absence of disaggregated data on prosecution and conviction rates in relation to violence against women. The Committee recalls its general recommendations No. 14 (1990) on female circumcision and No. 19 (1992) on violence against women, its previous recommendations (CEDAW/C/ETH/CO/4-5, paras. 252 and 256), as well as the recommendations by the Committee against Torture (CAT/C/ETH/CO/1, para. 32), the Committee on the Elimination of Racial Discrimination (CERD/C/ETH/CO/7-16, para. 16), the Committee on the Rights of the Child (CRC/C/ETH/CO/3, para. 60) and the African Commission on Human and Peoples’ Rights, and urges the State party to: (a) Amend the Criminal Code (2005), with a view to increasing the penalties for FGM in Articles 561-562, 567 and 569-570; repealing Article 563; criminalising marital rape; and excluding the applicability in domestic violence cases of the extenuating circumstances set out in Article 557 (1) (b) (gross provocation, shock, surprise, emotion or passion); (b) Effectively enforce the provisions of the Criminal Code (2005) criminalising FGM, sexual and domestic violence, prosecute any such acts upon complaint by the victim or ex officio, and impose appropriate penalties commensurate with the gravity of the crime on perpetrators; (c) Provide mandatory training to judges, including local and Shariah court judges, prosecutors and the police on the strict application of relevant provisions of the Criminal Code; (d) Encourage women and girls to report acts of violence to the competent authorities, by continuing raising awareness about the criminal nature and harmful effects of FGM and other forms of violence on their health, eradicating the underlying cultural justifications of such violence and practices, de-stigmatising victims, and training law enforcement and medical personnel on standardised, gender-sensitive procedures for dealing with victims and effectively investigating their complaints; (e) Enhance victim assistance and rehabilitation, by strengthening the legal aid services of the Ministry of Justice, providing psychological counselling, supporting local women’s rights organisations which offer shelter and assistance to victims, and establishing victim support centres in the Regional States; (f) Expedite the adoption and implementation of the draft national strategic plan to combat violence against women and children prepared by the Ministry of Justice; and (g) Collect disaggregated data on the number of complaints, prosecutions, convictions, and on the sentences imposed on perpetrators of FGM and sexual and domestic violence, and provide such data to the Committee. (Paragraphs 20 and 21) UN Committee against Torture The Committee takes note of the criminalisation of harmful traditional practices (HTPs) such as female genital mutilation, early marriage and abduction of girls for marriage in the revised Criminal Code, and of the information given by the State party during the dialogue concerning the establishment of special prosecution teams within the Ministry of Justice and in regional justice departments to investigate cases of rape and other forms of violence against women and children. However, the Committee is concerned about the lack of implementation of criminal law provisions criminalising violence against women and harmful traditional practices. It is particularly concerned that the revised Criminal Code fails to criminalise spousal rape. It also regrets the lack of information on complaints, prosecutions and on the sentences imposed on perpetrators, as well as on victim assistance and compensation (arts. 1, 2, 12, 13 and 16). The State party should strengthen its efforts to prevent, combat and punish violence against women and children and harmful traditional practices, in particular in rural areas. The State party should consider amending its revised Criminal Code, with a view to criminalising spousal rape. It should also provide victims with legal, medical, psychological and rehabilitative services, as well as with compensation, and create adequate conditions for them to report incidents of HTPs and domestic and sexual violence without fear of reprisal or stigmatisation. The State party should provide training to judges, prosecutors, police, and community leaders on the strict application of the revised Criminal Code and on the criminal nature of HTPs and of other forms of violence against women. The Committee also requests the State party to provide in its next periodic report updated statistical data on the number of complaints, investigations, prosecutions and on the sentences imposed on perpetrators, as well as on victim assistance and compensation. (Paragraph 32). Universal Periodic Review (December 2009) A - 33. Make all efforts to take the necessary measures to ensure that there is an effective prohibition of female genital mutilation(Argentina); (accepted) _______________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, November 2006) The Committee welcomes the criminalisation of harmful traditional practices in the revised Criminal Code of 2005, and notes with appreciation the efforts undertaken by the National Committee on Harmful Traditional Practices in Ethiopia to document and combat the practice of female genital mutilation (FGM). However, the Committee remains concerned that FGM and forced and early marriages of girls through abduction are still widely practised and that a comprehensive strategy to counteract harmful traditional practices has not been developed. The Committee recommends that the State party adopt a comprehensive strategy to prevent and combat harmful traditional practices and ensure resources for its implementation, in particular in rural areas. Awareness-raising campaigns on the negative effects on the health of children, especially girls, should be conducted for the general public as well as community, traditional and religious leaders. The legislation prohibiting harmful traditional practices and forced and early child marriages should be strictly enforced. The Committee further recommends that the State party provide retraining, where appropriate, for practitioners of female genital mutilation and support them to find alternative sources of income. (Paragraphs 59 and 60) UN Committee on the Elimination of Racial Discrimination While welcoming the State party’s information that certain harmful traditional practices, such as female genital mutilation and the abduction of girls and young women for marriage, are prohibited by legislation, the Committee remains concerned at the prevalence of these practices in some communities. (art. 5). The Committee recommends that the State party reinforce the measures adopted to eradicate harmful traditional practices through awareness-raising strategies, among other methods, and in consultation with communities engaging in these practices. The Committee further recommends that the State party include detailed information in its next periodic report on the extent of these practices and on the impact of measures taken to address them. (Paragraph 16) UN Committee against Torture The Committee takes note of the criminalisation of harmful traditional practices (HTPs) such as female genital mutilation, early marriage and abduction of girls for marriage in the revised Criminal Code, and of the information given by the State party during the dialogue concerning the establishment of special prosecution teams within the Ministry of Justice and in regional justice departments to investigate cases of rape and other forms of violence against women and children. However, the Committee is concerned about the lack of implementation of criminal law provisions criminalising violence against women and harmful traditional practices. It is particularly concerned that the revised Criminal Code fails to criminalise spousal rape. It also regrets the lack of information on complaints, prosecutions and on the sentences imposed on perpetrators, as well as on victim assistance and compensation (arts. 1, 2, 12, 13 and 16). The State party should strengthen its efforts to prevent, combat and punish violence against women and children and harmful traditional practices, in particular in rural areas. The State party should consider amending its revised Criminal Code, with a view to criminalising spousal rape. It should also provide victims with legal, medical, psychological and rehabilitative services, as well as with compensation, and create adequate conditions for them to report incidents of HTPs and domestic and sexual violence without fear of reprisal or stigmatisation. The State party should provide training to judges, prosecutors, police, and community leaders on the strict application of the revised Criminal Code and on the criminal nature of HTPs and of other forms of violence against women. The Committee also requests the State party to provide in its next periodic report updated statistical data on the number of complaints, investigations, prosecutions and on the sentences imposed on perpetrators, as well as on victim assistance and compensation. (Paragraph 32). UN Special Rapporteur on the Right to Food Women are often the most vulnerable to hunger and poverty as a result of discrimination, especially in rural areas. In some regions of Ethiopia, traditional practices such as child marriage, inheritance practices and violence against women contribute to greater poverty and vulnerability of women and children.21 Some marriages occur through abduction, a traditional practice whereby a young girl is raped by a man and his friends and then claimed cheaply in marriage. The Government is now taking action to fight this practice. During his visit, the Special Rapporteur noted the extreme vulnerability and poverty of older single women, often working as servants in the homes of others. Women represent 50 per cent of the agricultural workforce, yet traditionally have no right to inherit the land they work on, and little access to credit, agricultural inputs or extension training. (Paragraph 15) Universal Periodic Review (December 2009) 39. Strengthen efforts to combat early and forced marriages (Angola); (accepted) _______________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, November 2006) The Committee is deeply concerned at the prevalence of child labour among young children including as young as 5 and that the State party has not taken comprehensive measures to prevent and combat this large-scale economic exploitation of children. The Committee urges the State party to develop and implement, with the support of the 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. (Paragraphs 71 and 72) UN Committee on Economic, Social and Cultural Rights The Committee notes with concern the prevalence of child labour, with a large percentage of children under the age of 14 who are engaged in economic activity and do not attend school. The Committee notes with concern the increased risk for children without parental care and children from disadvantaged and marginalised families of being engaged in the worst forms of child labour (art.10). The Committee recommends that the State party adopt measures to combat, prevent and eliminate the prevalence of child labour. It also recommends that the State party adopt targeted measures to ensure that children without parental care and children from disadvantaged and marginalised families are not engaged in child labour. (Paragraph 15). UN Committee on the Elimination of Discrimination against Women While noting that the State party has taken measures to combat trafficking in human beings, in particular women and girls, by criminalising it, raising awareness, training law enforcement officials, creating a special prosecution unit, and concluding agreements with neighbouring countries, the Committee is concerned about the lack of data and the low prosecution and conviction rates in relation to, in particular, internal trafficking of women and children for forced labour and sexual exploitation, the limited measures to address poverty as the root cause of trafficking, the lack of victim assistance, and the lack of protection of refugee and internally displaced women and children vulnerable to become victims of trafficking. The Committee recommends that the State party: (a) Adopt a national plan of action to combat trafficking in human beings, in particular women and girls, including refugees and IDPs; (b) Continue raising awareness about human trafficking and training law enforcement officials on the strict application of relevant criminal law provisions; (c) Address the root causes of trafficking by further enhancing the economic potential of women, including by expanding the Ethiopian Women’s Development Fund to cover more Regional States and beneficiaries and by further enhancing women’s access to land; (d) Establish appropriate mechanisms aimed at early identification, referral, assistance and support for victims of trafficking, including refugee and internally displaced women and girls; and (e) Collect disaggregated data on the number of complaints, investigations, prosecutions and sentences in relation to trafficking and include such data in its next periodic report. (Paragraph 24) UN Committee against Torture Last reported: 2 and 3 November 2010 The Committee expresses concern about the low prosecution and conviction rates in relation to child abduction and human trafficking, in particular internal trafficking of women and children for forced labour and sexual and other forms of exploitation. It is also concerned at the general lack of information on the extent of trafficking in the State party, including the number of complaints, investigations, prosecutions and convictions of perpetrators of trafficking, as well as on the concrete measures taken to prevent and combat human trafficking (arts. 1, 2, 12 and 16). The State party should increase its efforts to prevent and combat, in particular, child abduction and internal trafficking of women and children and provide protection for victims and ensure their access to legal, medical, psychological and rehabilitative services. In this regard, the Committee recommends that the State party adopt a comprehensive strategy to combat trafficking in human beings and its causes. The State party should also investigate all allegations of trafficking, and ensure that perpetrators are prosecuted and punished with penalties appropriate to the nature of their crimes. The State party is requested to provide information on measures taken to provide assistance to victims of trafficking, as well as statistical data on the number of complaints, investigations, prosecutions and sentences in relation to trafficking. (Paragraph 33) _______________________________________________________________________ Trafficking of children The Committee is concerned at the high number of children who are abducted and sold each year for unknown purposes within and outside Ethiopia. The Committee is deeply concerned at the lack of information in the State party report on the extent of the problem and the number of children affected. The Committee recommends that the State party: (a) Undertake awareness-raising educational measures to prevent and eliminate sale and traffic in children, in particular by supporting the current efforts undertaken by NGOs; (b) Provide further resources to support physical and psychological recovery for all children, victims of sale or trafficking; (c) Ensure adequate resources in order to investigate cases of abuse, prosecute and impose adequate sentences for such crimes; (d) Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime (2000). (Paragraphs 75 and 76) UN Human Rights Committee While the Committee acknowledges the efforts of the State party to address and combat trafficking in women and children, the Committee remains concerned about the prevalence of this phenomenon in Ethiopia, about the lack of information on the investigation and prosecution of trafficking cases and the protection of the rights of victims (arts. 3, 8, 24 and 26). UN Committee on Economic, Social and Cultural Rights The Committee is concerned that despite concerted efforts by the State party to address internal trafficking and sexual exploitation of children, the problem remains widely prevalent (art.10). The Committee recommends that the State party intensify its efforts to prevent and combat the trafficking and sexual exploitation of children, including through the adoption of a new national plan of action to combat the problem. (Paragraph 16) UN Committee on the Elimination of Discrimination against Women While noting that the State party has taken measures to combat trafficking in human beings, in particular women and girls, by criminalising it, raising awareness, training law enforcement officials, creating a special prosecution unit, and concluding agreements with neighbouring countries, the Committee is concerned about the lack of data and the low prosecution and conviction rates in relation to, in particular, internal trafficking of women and children for forced labour and sexual exploitation, the limited measures to address poverty as the root cause of trafficking, the lack of victim assistance, and the lack of protection of refugee and internally displaced women and children vulnerable to become victims of trafficking. The Committee recommends that the State party: (a) Adopt a national plan of action to combat trafficking in human beings, in particular women and girls, including refugees and IDPs; (b) Continue raising awareness about human trafficking and training law enforcement officials on the strict application of relevant criminal law provisions; (c) Address the root causes of trafficking by further enhancing the economic potential of women, including by expanding the Ethiopian Women’s Development Fund to cover more Regional States and beneficiaries and by further enhancing women’s access to land; (d) Establish appropriate mechanisms aimed at early identification, referral, assistance and support for victims of trafficking, including refugee and internally displaced women and girls; and (e) Collect disaggregated data on the number of complaints, investigations, prosecutions and sentences in relation to trafficking and include such data in its next periodic report. (Paragraphs 24 and 25) UN Committee against Torture The Committee expresses concern about the low prosecution and conviction rates in relation to child abduction and human trafficking, in particular internal trafficking of women and children for forced labour and sexual and other forms of exploitation. It is also concerned at the general lack of information on the extent of trafficking in the State party, including the number of complaints, investigations, prosecutions and convictions of perpetrators of trafficking, as well as on the concrete measures taken to prevent and combat human trafficking (arts. 1, 2, 12 and 16). The State party should increase its efforts to prevent and combat, in particular, child abduction and internal trafficking of women and children and provide protection for victims and ensure their access to legal, medical, psychological and rehabilitative services. In this regard, the Committee recommends that the State party adopt a comprehensive strategy to combat trafficking in human beings and its causes. The State party should also investigate all allegations of trafficking, and ensure that perpetrators are prosecuted and punished with penalties appropriate to the nature of their crimes. The State party is requested to provide information on measures taken to provide assistance to victims of trafficking, as well as statistical data on the number of complaints, investigations, prosecutions and sentences in relation to trafficking. (Paragraph 33). Universal Periodic Review (December 2009) A - 35. Take all necessary measures to prevent trafficking in persons, especially children, including the incorporation of international standards into national legislation, training of personnel involved in the fight against human trafficking, criminal prosecution of traffickers and the protection of victims of trafficking (Belarus); (accepted) 36. Take necessary measures to ensure that women, girls and boys are prevented from being trafficked, sexually exploited or sold for prostitution (Argentina); (accepted) 37. Step up efforts to prevent children from being engaged in trafficking, sexual exploitation and prostitution (Ghana); (accepted) A - 49. Improve the investigative capacity of police and enhance judicial action on trafficking to allow for more prosecutions of trafficking offenders, particularly perpetrators of internal child trafficking (United States); (accepted) _______________________________________________________________________ Children living on the streets UN Committee on the Rights of the Child (Concluding Observations, November 2006) The Committee is deeply concerned at the increasing number of street children, especially in major urban centres, who are also victims of drug abuse, sexual exploitation, harassment and victimisation by members of the police force. Furthermore, the Committee is concerned at the stigmatisation of street children and negative attitudes in society towards them based upon their social condition. The Committee recommends that the State party: (a) Undertake a systematic assessment of the situation of street children in order to obtain an accurate picture of its root causes and magnitude; (b) Develop and implement with the active involvement of street children themselves a comprehensive policy which should address the root causes, in order to prevent and reduce this occurrence; (c) In coordination with NGOs, provide street children with the necessary protection, adequate health-care services, education and other social services; (d) Support family reunification programmes, when it is in the best interests of the child. (Paragraphs 69 and 70) UN Committee on Economic, Social and Cultural Rights The Committee notes with concern that, despite progress made following targeted measures by the State party, a high number of children continue to live in the street (art.10). The Committee recommends that the State party intensify its efforts to address the root causes of the issue of street children, with the aim of their protection, rehabilitation and social integration, and to ensure that they have access to education, shelter and health care. (Paragraph 17) UN Special Rapporteur on the Right to Food Nonetheless, poverty is highest in rural areas, where the majority of the population live. The poorest most food-insecure regions are Tigray, Amhara and SNNPR, although the pastoral regions, particularly Somali, are also increasingly vulnerable. Competition over resources is increasing. In some regions, particularly in the Somali region and more recently the Gambella region, armed conflict situations have also led to high food and water insecurity, particularly for those forced to flee from their homes who are often left without any kind of protection or assistance. Urban poverty is significantly lower than rural poverty, although there are a number of vulnerable groups, such as street children in the streets of Addis Abbaba and other urban centres. (Paragraph 14) Universal Periodic Review (December 2009) 40. Adopt specific measures to deal with the causes of the increasing problem of street children and to prevent and to punish sexual exploitation of children (France); (accepted) _______________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, November 2006) While taking note of the Constitutional provision prohibiting corporal punishment in schools, the Committee remains concerned that “reasonable chastisement” is permitted according to the Penal Code and that corporal punishment is still widely practised in the home, the schools and in other settings. The Committee recommends that the State party explicitly prohibit corporal punishment within the home and enforce the prohibition in all settings, including in the family, the schools and alternative childcare. The Committee also recommends that the State party conduct awareness-raising campaigns to ensure that alternative forms of discipline are used, in a manner consistent with the child’s human dignity and in conformity with the Convention, especially article 28, paragraph 2, while taking due account of general comment No. 8 of the Committee on the Right of the Child to Protection from Corporal Punishment and Other Cruel or Degrading Forms of Punishment (2006). The Committee also recommends the State party to seek technical assistance from UNICEF in order to implement relevant programmes in the school environment. (Paragraphs 33 and 34) UN Committee on Economic, Social and Cultural Rights The Committee notes with concern the high level of child abuse, in particular sexual abuse. The Committee is also concerned that corporal punishment is lawful in the home and alternative care settings for purposes of “proper upbringing”, under article 576 of the Criminal Code and article 258 of the Family Code (art.10). The Committee recommends that the State party take urgent steps to combat and prevent child abuse and neglect, including through establishing effective mechanisms for the reception, monitoring and investigation of reports of cases of child abuse. The Committee also urges the State party to amend its Criminal Code and Family Code as a matter of priority to prohibit corporal punishment in child-rearing in the home and alternative care settings. (Paragraph 18) UN Committee against Torture The Committee notes with concern that, while corporal punishment is prohibited in schools, child care institutions, and as a penal or disciplinary sanction in the penal system, it is not prohibited as a disciplinary measure in the home or in alternative care settings for purposes of “proper upbringing”, under article 576 of the revised Criminal Code (2005) and article 258 of the revised Family Code (2000) (arts. 2, 10 and 16). The State party should consider amending its revised Criminal Code and Family Code, with a view to prohibiting corporal punishment in childrearing in the home and in alternative care settings and raise public awareness on positive, participatory and non-violent forms of discipline. (Paragraph 28) Universal Periodic Review (December 2009) R - 14. Give favourable consideration to prohibit the death penalty and corporal punishment in the Constitution and Ethiopian legislation in the area of the right to life (Mexico); (rejected) _______________________________________________________________________ Inadequate health provision, high infant and child mortality and high rates of malnutrition UN Committee on the Rights of the Child (Concluding Observations, November 2009) The Committee, while noting as positive the adoption of Health Sector Development Plans, regrets the lack of information on resources assigned to health services and is concerned as medical facilities are concentrated to the urban areas, resulting in exclusion of the majority of the population to necessary health services. In particular, the Committee is deeply concerned that infant, under-five and maternal mortality rates remain very high. It is also concerned at the low coverage of vaccinations, the prevalence of malaria, low breastfeeding rates and the high incidence of malnutrition. The Committee recommends that the State party take all necessary measures to strengthen its programmes for improving health care by supporting these programmes with adequate and clearly allocated resources, while paying particular and urgent attention to mortality rates, vaccination uptakes, nutrition status, breastfeeding rates and the management of communicable diseases and malaria. Specifically, the Committee recommends that the State party pay further attention to the urban/rural divide. (Paragraphs 53 and 54) UN Committee on Economic, Social and Cultural Rights The Committee notes with concern the prevalence of chronic food insecurity and malnutrition, in particular amongst children (art.11). The Committee recommends that the State party take steps to address chronic food insecurity, chronic malnutrition and the critical nutritional needs of children. The Committee also urges the State party to ensure that the population of the Somali National Regional State of Ethiopia benefits from State-run food aid and rural development plans. (Paragraph 23) The Committee is concerned that there is no universal health-care coverage. It is also concerned about the low number of qualified health-care professionals per capita in certain regions and critical shortages at health centres, both in medical equipment and staff. The Committee also notes with concern the high rate of maternal and infant mortality, and the low number of births that are assisted by a skilled attendant, especially in rural areas. It is further concerned that access to maternal and infant health care remains poor, in particular in the Somali National Regional State of Ethiopia (art.12). The Committee recommends that the State party intensify its efforts to improve health services, including through allocation of increased resources and measures to address significant rural and urban disparities in health-care provision. It recommends that these efforts in particular focus on the training of health extension workers and the adequate provision of medical equipment and staff at health centres. The Committee also recommends that the State party take urgent steps to reduce the high rate of maternal and infant mortality and to ensure that births are assisted by a skilled attendant. It recommends that the State party intensify its efforts to improve access by women to basic obstetric and neonatal care, reproductive health services, and to basic health-care centres, in particular in rural areas. (Paragraph 25) UN Committee on the Elimination of Discrimination against Women While welcoming the measures taken by the State party to extend basic health services to rural areas and increase women’s and girls’ access to family planning and reproductive health services, the Committee remains concerned about (Paragraph 34): (a) The high maternal mortality rate (470/100,000 live births) due to obstetric complications such as fistulae, early pregnancy, unsafe abortion, harmful practices and other factors; (b) The low rate of skilled birth attendance (18 percent) and the shortage of emergency obstetric services, especially in rural areas; (c) The low contraceptive use exposing women and girls who are often married to older men to risk of early pregnancy, HIV/AIDS and other sexually transmitted diseases; (d) The high number of unsafe abortions; and (e) The high number of women living with HIV/AIDS, the lack of anti retroviral prophylaxis to prevent mother-to-child transmission, the absence of special prevention programmes for high-risk groups such as young women, sex workers and IDPs, and the lack of care and support for orphans and vulnerable girls and boys affected by HIV/AIDS. In line with its previous concluding observations (CEDAW/C/ETH/CO/4-5, para. 258) and its general recommendation No. 24 (1999), the Committee calls on the State party to: (a) Continue training health extension workers on referring women to maternal health facilities, including safe abortion services, and further increase the number of health facilities providing safe abortion services in rural areas; (b) Address the lack of medical personnel in rural health facilities and the shortage of emergency obstetric services in rural areas; (c) Continue raising awareness among families, community and religious leaders, teachers, health workers and public officials about the health risks of harmful practices for women, including early pregnancy, maternal death and HIV/AIDS; (d) Effectively implement the joint UN flagship programme on maternal and newborn health to address the lack of skilled medical care during pregnancy, childbirth and the immediate post-partum period, especially in rural areas; (e) Effectively implement the National Adolescent and Youth Reproductive Health Strategy (2007-2015), continue raising awareness about available contraceptive methods and encourage the use male condoms as a safe and less costly option; (f) Encourage more religious organisations and communities to include provisions on pre-marital HIV counselling and testing in their bylaws; (g) Provide women and men living with HIV/AIDS with free anti-retroviral treatment, including pregnant women so as to prevent mother-to-child transmission; (h) Train technical and administrative staff to implement the national multi-sectoral strategy/action framework to combat HIV/AIDS and adopt prevention programmes targeting high-risk groups such as young women, sex workers and IDPs; (i) Conduct awareness-raising to de-stigmatise orphans and vulnerable children affected by HIV/AIDS and strengthen the material and psychological support provided to them. (Paragraph 34 and 35) UN Special Rapporteur on the Right to Food Today, Ethiopia is one of the poorest and most food-insecure countries in the world. Nearly half of Ethiopians are undernourished, with 44 per cent living in extreme poverty, unable to guarantee enough food for themselves and their families every day.12 Ethiopians have the lowest calorie intake in Africa, averaging approximately 1,750 calories per person per day.13 At least 58 per cent of deaths of children are directly caused by malnutrition and rates of child mortality increased between 1997 and 2000.14 Half of all children under the age of 5 are underweight and stunted. (Paragraph 9) Micronutrient deficiencies are also endemic, particularly deficiencies in vitamin A, iodine and iron, which affects the physical and mental growth of Ethiopia's children, women and men.16 More than 76 per cent of rural Ethiopians and 69 per cent of all Ethiopians do not have sustainable access to safe and clean water. Women regularly travel as far as 15 km or more to fetch water for household purposes. The population is estimated to have doubled since 1980 to 70 million, and more than 2 million people are now HIV positive (the third highest absolute number after India and South Africa). The number of literate people has fallen from nearly
80 per cent of adults in 1990 to less than 25 per cent over the last decade. In the United Nations Development Programme Human Development Index, Ethiopia ranks as one of the poorest countries in the world, at 170 out of 175.17 Even in years of good harvests, when there is no drought, it is estimated that 5-6 million Ethiopians are chronically food insecure and have to rely on "emergency" food aid programmes to be able to feed themselves. (Paragraph 10) Universal Periodic Review (December 2009) A - 68. Take measures deemed appropriate to guarantee the right of children to food, and to this end, request the assistance of institutions, programmes and international organisms competent on this issue (Algeria); (accepted) A - 76. Implement further measures, with regard to maternal mortality and child mortality, to save mother and child (Holy See); (accepted) _______________________________________________________________________ Inadequate education provision UN Committee on the Rights of the Child (Concluding Observations, November 2009) The Committee welcomes the improved enrolment rate in primary school and the increased budget allocation for education, as well as, improved collection of statistics regarding school attendance. However, the Committee continues to be seriously concerned that primary education is still not free nor compulsory and that net enrolment is still very low. Furthermore, the Committee is concerned at the large number of school dropouts, the charging of fees in primary education, the overcrowding of schools, the limited provisions for vocational training, the low transition rate to secondary school, the insufficient number of trained teachers and available school facilities, the absence of budget allocations for pre-primary schools and the poor quality of education. Considerable challenges remain in order to overcome inequalities which impact on children’s access to education, in particular in rural regions, and on the basis of ethnicity and sex. The Committee recommends that the State party, taking into account the Committee’s general comment No. 1 (2001) on the aims of education: (a) Ensure that primary education is free and compulsory and take the necessary measures to ensure that all children are enrolled in primary education; (b) Increase public expenditure on education, in particular pre-primary, primary and secondary education with specific attention to improving access and addressing sex, socio-economic, ethnic and regional disparities in the enjoyment of the right to education; (c) Train more teachers, especially female, and provide further school facilities, in particular in rural areas; (d) Undertake additional efforts to ensure access to informal education to vulnerable groups, including street children, orphans, children with disabilities, child domestic workers and children in conflict areas and camps, inter alia by addressing indirect and hidden costs of school education; (e) Strengthen vocational training, including for children who have left school before completion; (f) Seek technical assistance from UNICEF, in particular to improve access to education for girls. (Paragraphs 63 and 64) UN Committee on Economic, Social and Cultural Rights The Committee is concerned that primary education is neither free nor compulsory, notwithstanding the efforts made by the State party to this end. It is also concerned about low primary school enrolment and attendance rates, including for refugee children, high dropout rates, the gender gap in enrolment, the insufficient number of trained teachers, and the poor quality of education. The Committee also notes with concern that the literacy rates in rural areas, in particular among women and girls, remain low (arts.13 and 14). The Committee recommends that the State party strengthen its efforts and take urgent measures to ensure that primary education is free and compulsory for all children, in line with articles 13 and 14 of the Covenant, and that the age of completion of compulsory schooling is set at 14 years. It recommends that the State party take urgent steps to increase primary school enrolment and attendance rates, including for children with disabilities, decrease the high dropout rate, and address indirect and hidden costs of school education, and the gender gap in enrolment rates. It also recommends that the State party take measures to train more teachers, especially female, and further increase the number of school facilities, in particular in rural areas. The Committee furthermore recommends that the State party take steps to increase the literacy rate in rural areas, in particular of women and girls. (Paragraph 26) UN Committee on the Elimination of Discrimination against Women The Committee welcomes the measures taken by the State party to increase women’s and girls’ access to all levels of education, such as affirmative action, awareness-raising, support to disadvantaged girls, and incentives for parents to send their daughters to school, in particular in rural and pastoralist areas. However, it remains concerned about: (a) Regional disparities and low enrolment rates of women and/or girls in primary education in rural and pastoralist areas and in secondary and higher education, as well as in traditionally male dominated fields of technical and vocational education; (b) The high drop-out and low retention and completion rates of girls, in particular at the primary level, which seriously impact enrolment at the secondary level; (c) The limited access of poor girls, girls in pastoralist areas, and girls with disabilities to education due to economic and socio-cultural barriers such as indirect costs of schooling, unfavourable attitudes by male students and teaching staff, verbal and physical abuse and harassment, and long distances to schools; and (d) The low female literacy rate (38 percent in 2004), especially in rural areas. The Committee also calls on the State party to continue taking measures to address regional disparities and ensure equal access of girls and women to all levels of education such as measures to: (a) Ensure enrolment, retention and completion of women and girls at all levels of education, especially in rural and pastoralist areas, including by making primary education compulsory and taking affirmative action such as further training and recruitment of female teachers and quota for female university students and; (b) Continue raising awareness among communities, families, students, teachers and officials, especially men, about the importance of women’s and girls’ education; (c) Improve the quality of education and make it more attractive and safer for women and girls, including by increasing the number of girl-friendly schools and schools with separate latrines for boys and girls and by investigating and adequately punishing any abuse of women and girls by other students or by teachers; (d) Strengthen support services, including scholarships, transport and tutorial support, for disadvantaged girls such as poor girls, girls in pastoralist areas and girls with disabilities, as well as incentives and subsidies for their families; (e) Ensure adequate educational opportunities for girls and boys with disabilities, including by integrating them into mainstream education; and (f) Encourage women and girls to choose non-traditional fields of education and careers such as technical and vocational education and training in traditionally male dominated areas; and (g) Reinforce its adult literacy, adult non-formal education and alternative (Paragraphs 30 and 31) UN Independent Expert on Minority Issues Amharic remains the official working language of choice in some states, including Amhara, the SNNP and Afar. Under previous Governments, Amharic was the language of primary school education nationwide and thus children from other ethnic groups had little possibility to learn their native language within the formal school system. Under article 5, paragraph 1 of the Constitution, all languages are given equal recognition by the State, and Amharic is recognised as the official working language of the federal Government. However each member state of the Federation may determine its own working language. (Paragraph 49) Interviews in Gambella revealed that: many children were not in school; the security situation had led to the effective suspension of education for two years in some waredas; schools had been destroyed and lacked materials; teachers had left or were poorly qualified; and there was little information available to the regional government about the functioning of the education system in rural areas, administered by the waredas. While some communities were felt to have adequate access to education, due in part to their disproportionate residence in relatively urban areas, inequalities in access to education for groups including Anuak, Nuer, Majangir, Komo and Opo residing in rural areas were cause for concern. (Paragraph 52) Universal Periodic Review (December 2009) A - 81. Seek to strengthen achievements in realising the right to education, in particular with respect to free primary education and its obligation towards girls and boys (Algeria); (accepted) A - 82. Strengthen efforts to improve the literacy rate of girls and women (Brazil); (accepted) A - 83. Continue to take the necessary measures to ensure free and mandatory primary education and increase public expenditure in the area of education (Libyan Arab Jamahiriya); (accepted) A - 84. Continue to advance and gradually improve the quality of education provided, as part of the wide programme adopted by Ethiopia to this end (Cuba); (accepted) A - 85. Continue to facilitate education for all with due regard to girls' education and non-discriminatory access and ensuring its quality (Bangladesh); (accepted) A - 86. Continue the efforts to make primary and general secondary education and related training free of charge, with the help of the international community (Sudan); (accepted) A - 87. Continue to promote the development of the education system (Kyrgyzstan); (accepted) _______________________________________________________________________ Absence of human rights education UN Committee on the Elimination of Racial Discrimination The Committee notes the lack of information on the extent to which human rights education, including on equal rights and non-discrimination, is integrated into school curricula as well as the absence of information on the use of the media in this area. (art. 7). The Committee encourages the State party to include human rights education in school curricula and to enhance its efforts to improve human rights education in broader society with a view to promoting understanding and tolerance among all racial and ethnic groups. Particular attention should also be paid to the role of the mass media in the above respects. (Paragraph 23) Universal Periodic Review (December 2009) R - 21. Strengthen the human rights education and training of military forces and police, prison and judicial staff, and ensure their accountability for any violations of human rights, in particular for violence or sexual violence against women, children and persons of minority sexual orientation or gender identity (Czech Republic) (rejected) _______________________________________________________________________ Violence and sexual violence against children at the hands of police and security forces UN Committee on the Rights of the Child (Concluding Observations, November 2006) The Committee is also seriously concerned at information according to which children continue to be victims of torture, cruel and degrading treatment by the police and military. The Committee is especially concerned at the situation of vulnerable groups of children, such as those belonging to ethnic minorities, and is alarmed at the fact that students have been targeted while attending school. In particular, the Committee expresses concern regarding sexual violence and is disturbed by numerous reports of rapes committed by members of the military. Furthermore, the Committee is concerned that the Children’s Rights Units within the police are not consistently sustained. The Committee urges the State party to take effective measures to protect all children from torture, cruel and degrading treatment. The Committee emphasises the urgent need to investigate and sanction reported cases in order to break the cycle of impunity for serious human rights violations. In particular, the Committee urges the State party to sustain the Children’s Rights Units within the police while suspending and holding accountable those members of the police and armed forces who have committed abuses. The Committee recommends that the State party ensures that all child victims of torture, cruel and degrading treatment are provided access to physical and psychological recovery and social reintegration as well as compensation, giving due consideration to the obligations enshrined in article 39 of the Convention. (Paragraphs 35 and 36) The Committee notes the absence of information on ethnic minorities in the State party’s report and is concerned over the situation of children belonging to minorities, in particular Oromo and Anuak, as they suffer stigmatisation and persecution by the armed forces, including torture, rape and killings, due to the presence of opposition groups within their territories. The Committee urges the State party to: (a) Respect the life of the members of minorities groups and in particular that of children, taking into due account the humanitarian law principle of protecting civilians; (b) Pay due attention to children of ethnic minorities in the next periodic report. (Paragraphs 79 and 80) UN Committee against Torture The Committee is concerned about reports of rape and other forms of sexual violence against women and girls allegedly committed by members of the security forces and the ENDF in the context of armed conflict, in particular in the Somali Regional State (arts. 2, 12, 13 and 14). The Committee calls on the State party to investigate, prosecute and punish members of the security forces and the ENDF responsible for rape and other forms of sexual violence in the context of armed conflict. The State party should take immediate steps to adequately compensate and rehabilitate the victims of such violence.(Paragraph 16) Universal Periodic Review (December 2009) A - 45. Effectively investigate and prosecute all cases of violence against women and children (Austria); (accepted) _______________________________________________________________________ Child abuse and domestic violence UN Committee on the Rights of the Child (Concluding Observations, November 2006) The Committee notes as positive the establishment of several Child Protection Units within the police, however it is concerned at the high levels of child abuse, in particular sexual abuse, and regrets the lack of statistics and mechanisms to monitor such violations and analyse its root causes. It is further concerned at the lack of a comprehensive policy to counteract child abuse. The Committee recommends that the State party: (a) Take the necessary measures to prevent child abuse and neglect; (b) Establish effective mechanisms to receive, monitor and investigate reports of cases of child abuse and, when required, initiate prosecutions of perpetrators in a manner that is child sensitive and ensures the privacy of the victims; (c) Provide children victims of sexual or other forms of abuse with the necessary psychological and other support for their full recovery and social reintegration, (d) Carry out preventive public education campaigns about the consequences of the abuse and ill-treatment of children; (e) Provide support for the operation of a three-digit toll free helpline for children In the context of the Secretary-General’s in-depth study on the question of violence against children and the related questionnaire to Governments, the Committee acknowledges with appreciation the written replies of the State party to this questionnaire and its participation in the Regional Consultation for Eastern and Southern Africa, held in South Africa from 18 to 20 July 2005. The Committee recommends that the State party use the outcome of these regional consultations as a tool for taking action, in partnership with civil society, to ensure that every child is protected from all forms of physical, sexual or mental violence and to gain momentum for concrete and, where appropriate, time-bound actions to prevent and respond to such violence and abuse. In addition, the Committee would like to draw the State party’s attention to the report of the independent expert for the United Nations study on violence against children (A/61/299) and to encourage the State party to take all appropriate measures to implement overarching recommendations as well as setting-specific recommendations contained in this report. (Paragraphs 45 to 48) UN Committee on Economic, Social and Cultural Rights The Committee is concerned that domestic violence continues to be under-reported, that disaggregated data on prosecution and conviction rates in relation to violence against women are absent, and that victim assistance and rehabilitation services are lacking. The Committee is also concerned that marital rape has not yet been criminalised under the Criminal Code (art.10). The Committee recommends that the State party ensure effective enforcement of the Criminal Code provisions criminalising FGM and domestic violence. The Committee recommends that the State party amend its Criminal Code to criminalise marital rape. It recommends that the State party ensure prosecution of perpetrators and impose appropriate penalties, and ensure the provision of mandatory training to judges, prosecutors and the police on these various types of violence against women and on the application of the Criminal Code. The Committee furthermore urges the State party to raise awareness among women and girls so as to encourage reporting of acts of violence, and ensure the availability of adequate victim assistance and rehabilitation services. (Paragraph 14) UN Committee on the Elimination of Discrimination against Women [The Committee] is also concerned that FGM, sexual, domestic and other forms of violence against women are under-reported due to cultural taboos and victims’ lack of trust in the legal system, and that criminal law provisions are not consistently enforced because of insufficient allocation of funds, lack of coordination among the relevant actors, low awareness of existing laws and policies on the part of law enforcement officials, lack of capacity to apply the law in a gender-sensitive manner, and discriminatory societal attitudes. Lastly, the Committee is concerned about the State party’s failure to criminalise marital rape, its delay in adopting a national strategy to combat violence against women, lack of victim assistance and rehabilitation services, and the absence of disaggregated data on prosecution and conviction rates in relation to violence against women. The Committee recalls its general recommendations No. 14 (1990) on female circumcision and No. 19 (1992) on violence against women, its previous recommendations (CEDAW/C/ETH/CO/4-5, paras. 252 and 256), as well as the recommendations by the Committee against Torture (CAT/C/ETH/CO/1, para. 32), the Committee on the Elimination of Racial Discrimination (CERD/C/ETH/CO/7-16, para. 16), the Committee on the Rights of the Child (CRC/C/ETH/CO/3, para. 60) and the African Commission on Human and Peoples’ Rights, and urges the State party to: (a) Amend the Criminal Code (2005), with a view to increasing the penalties for FGM in Articles 561-562, 567 and 569-570; repealing Article 563; criminalising marital rape; and excluding the applicability in domestic violence cases of the extenuating circumstances set out in Article 557 (1) (b) (gross provocation, shock, surprise, emotion or passion); (b) Effectively enforce the provisions of the Criminal Code (2005) criminalising FGM, sexual and domestic violence, prosecute any such acts upon complaint by the victim or ex officio, and impose appropriate penalties commensurate with the gravity of the crime on perpetrators; (c) Provide mandatory training to judges, including local and Shariah court judges, prosecutors and the police on the strict application of relevant provisions of the Criminal Code; (d) Encourage women and girls to report acts of violence to the competent authorities, by continuing raising awareness about the criminal nature and harmful effects of FGM and other forms of violence on their health, eradicating the underlying cultural justifications of such violence and practices, de-stigmatising victims, and training law enforcement and medical personnel on standardised, gender-sensitive procedures for dealing with victims and effectively investigating their complaints; (e) Enhance victim assistance and rehabilitation, by strengthening the legal aid services of the Ministry of Justice, providing psychological counselling, supporting local women’s rights organisations which offer shelter and assistance to victims, and establishing victim support centres in the Regional States; (f) Expedite the adoption and implementation of the draft national strategic plan to combat violence against women and children prepared by the Ministry of Justice; and (g) Collect disaggregated data on the number of complaints, prosecutions, convictions, and on the sentences imposed on perpetrators of FGM and sexual and domestic violence, and provide such data to the Committee. (Paragraphs 20 and 21) UN Committee against Torture the Committee is concerned about the lack of implementation of criminal law provisions criminalising violence against women and harmful traditional practices. It is particularly concerned that the revised Criminal Code fails to criminalise spousal rape. It also regrets the lack of information on complaints, prosecutions and on the sentences imposed on perpetrators, as well as on victim assistance and compensation (arts. 1, 2, 12, 13 and 16). The State party should strengthen its efforts to prevent, combat and punish violence against women and children and harmful traditional practices, in particular in rural areas. The State party should consider amending its revised Criminal Code, with a view to criminalising spousal rape. It should also provide victims with legal, medical, psychological and rehabilitative services, as well as with compensation, and create adequate conditions for them to report incidents of HTPs and domestic and sexual violence without fear of reprisal or stigmatisation. The State party should provide training to judges, prosecutors, police, and community leaders on the strict application of the revised Criminal Code and on the criminal nature of HTPs and of other forms of violence against women. The Committee also requests the State party to provide in its next periodic report updated statistical data on the number of complaints, investigations, prosecutions and on the sentences imposed on perpetrators, as well as on victim assistance and compensation. (Paragraph 32) Universal Periodic Review (December 2009) A - 34. Continue efforts to overcome abductions and domestic violence involving women and children (Kyrgyzstan); (accepted) A - 45. Effectively investigate and prosecute all cases of violence against women and children (Austria); _______________________________________________________________________ Low minimum age of criminal responsibility UN Committee on the Rights of the Child (Concluding Observations, November 2006) The Committee is concerned at the very low minimum age of criminal responsibility (set at age 9). The Committee urges the State party to ensure that juvenile justice standards are fully implemented, in particular articles 37 (b), 40 and 39 of the Convention, as well as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and 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 in the light of the Committee’s day of general discussion on the administration of juvenile justice held on 13 November 1995 (CRC/C/46, paras. 203-238). In particular, the Committee recommends that the State party: (a) Raise the minimum age for criminal responsibility to an internationally acceptable level; (Paragraphs 77 and 78) UN Committee against Torture The Committee is concerned that, under Articles 52, 53 and 56 of the revised Criminal Code, criminal responsibility starts at the age of nine years and that offenders above the age of 15 years are subject to the ordinary penalties applicable to adults and can be kept in custody with adult criminals (arts. 2, 11 and 16). The State party should raise the minimum age of criminal responsibility according to international standards and classify persons above 15 and under 18 years of age as ‘young persons’ who are subject to the lighter penalties in Articles 157 to 168 of the Criminal Code and may not be kept in custody with adult criminals. It should ensure that its juvenile justice system is in conformity with international standards such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The Beijing Rules”; GA resolution 40/33 of 29 November 1985). (Paragraph 27) Universal Periodic Review (December 2006) P - 9. Ensure effective birth registration of all children, raise the age of criminal responsibility in compliance with CRC and adopt specific measures to strengthen protection of human rights of children from vulnerable groups, such as children in detention, internally displaced children and children of refugees (Czech Republic); (pending) _______________________________________________________________________ Use of, and conditions in, detention for children The Committee is concerned that deprivation of liberty is not used as a measure of last resort and at the lack of separation of children from adults in pretrial detention, as well as, the practice of long-term detention and institutionalisation. [T]he Committee recommends that the State party: (h) Ensure that detention and institutionalisation of child offenders is only recurred to as a last resort; (Paragraphs 77 and 78) UN Human Rights Committee While taking note of the State party’s plans to ease prison overcrowding and improve the conditions of detention, particularly through the construction of new facilities, the Committee regrets the lack of concrete details received about this plan and its implementation. It is concerned that the present prison conditions remain alarming, in particular for women and children, and not compatible with the United Nations Standard Minimum Rules for the Treatment of Prisoners. The Committee also notes with regret that the International Committee of the Red Cross (ICRC) is not granted the right of accessing prisons and other places of detention (art. 10). UN Committee against Torture The Committee is concerned that, under Articles 52, 53 and 56 of the revised Criminal Code, criminal responsibility starts at the age of nine years and that offenders above the age of 15 years are subject to the ordinary penalties applicable to adults and can be kept in custody with adult criminals (arts. 2, 11 and 16). The State party should raise the minimum age of criminal responsibility according to international standards and classify persons above 15 and under 18 years of age as ‘young persons’ who are subject to the lighter penalties in Articles 157 to 168 of the Criminal Code and may not be kept in custody with adult criminals. It should ensure that its juvenile justice system is in conformity with international standards such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The Beijing Rules”; GA resolution 40/33 of 29 November 1985). (Paragraph 27) Universal Periodic Review (December 2009) P - 9. Ensure effective birth registration of all children, raise the age of criminal responsibility in compliance with CRC and adopt specific measures to strengthen protection of human rights of children from vulnerable groups, such as children in detention, internally displaced children and children of refugees (Czech Republic); (pending) _______________________________________________________________________ Inadequate and inappropriate juvenile justice system UN Committee on the Rights of the Child (Concluding Observations, November 2006) The Committee recognises the efforts undertaken, for example through the Juvenile Justice Project Office, however notes that its impact has been hampered by limited resources. Furthermore the Committee regrets the absence of a child-friendly juvenile justice system in most of the country and the lack of legal aid representatives for child victims of offences as well as accused children. The Committee is concerned that deprivation of liberty is not used as a measure of last resort and at the lack of separation of children from adults in pretrial detention, as well as, the practice of long-term detention and institutionalisation. Furthermore the Committee is concerned at the very low minimum age of criminal responsibility (set at age 9). The Committee urges the State party to ensure that juvenile justice standards are fully implemented, in particular articles 37 (b), 40 and 39 of the Convention, as well as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and 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 in the light of the Committee’s day of general discussion on the administration of juvenile justice held on 13 November 1995 (CRC/C/46, paras. 203-238). In particular, the Committee recommends that the State party: (a) Raise the minimum age for criminal responsibility to an internationally acceptable level; (b) Continue to increase the availability and quality of specialised juvenile courts and judges, police officers and prosecutors through systematic training of professionals; (c) Provide adequate financial, human and technical resources to the juvenile courts at sub-county level; (d) Strengthen the role of local authorities, especially with regard to minor offences; (e) Provide children, both victims and accused, with adequate legal assistance at an early stage of legal proceedings; (f) Be guided in this respect by the Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime (resolution 2005/20 of the Economic and Social Council); (g) Improve training programmes on relevant international standards for all professionals involved with the system of juvenile justice; (h) Ensure that detention and institutionalisation of child offenders is only recurred to as a last resort; (i) Seek technical assistance and other cooperation from the United Nations Inter-agency Panel on Juvenile Justice. (Paragraphs 77 and 78) UN Committee against Torture The Committee is concerned that, under Articles 52, 53 and 56 of the revised Criminal Code, criminal responsibility starts at the age of nine years and that offenders above the age of 15 years are subject to the ordinary penalties applicable to adults and can be kept in custody with adult criminals (arts. 2, 11 and 16). The State party should raise the minimum age of criminal responsibility according to international standards and classify persons above 15 and under 18 years of age as ‘young persons’ who are subject to the lighter penalties in Articles 157 to 168 of the Criminal Code and may not be kept in custody with adult criminals. It should ensure that its juvenile justice system is in conformity with international standards such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The Beijing Rules”; GA resolution 40/33 of 29 November 1985). (Paragraph 27) Universal Periodic Review (December 2009) R - 21. Strengthen the human rights education and training of military forces and police, prison and judicial staff, and ensure their accountability for any violations of human rights, in particular for violence or sexual violence against women, children and persons of minority sexual orientation or gender identity (Czech Republic) (rejected) _______________________________________________________________________ Discrimination against women and girls UN Committee on the Rights of the Child (Concluding Observations, November 2006) The Committee is concerned at the actual discrimination against certain groups of children, particularly girls, children with disabilities, children living in poverty, refugee children, children affected by and/or infected with HIV/AIDS and children belonging to ethnic minorities. The Committee acknowledges the positive steps taken to enhance the status of the girl child such as criminalising FGM and raising the minimum age of consent for marriage, however the Committee remains concerned that vulnerable groups of girls remain victims of harmful traditional practices, deprived of education (primary and secondary), victims of sexual and physical violence as well as commercial exploitation. The Committee recommends that the State party make combating discrimination against vulnerable girls a national priority, design programmes which enable the girl child to access her rights without discrimination and raise awareness of the value of the girl child among all stakeholders. Furthermore, in relation to other forms of discrimination, the Committee urges the State party to take adequate measures to ensure the practical application of the provisions guaranteeing the principle of non-discrimination and full compliance with article 2 of the Convention, and to adopt a comprehensive strategy to eliminate discrimination on any grounds and against all vulnerable groups. The Committee regrets that information was not included in the report on the measures and programmes relevant to the Convention on the Rights of the Child implemented by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, taking into account the Committee’s general comment No. 1 (2001) on the aims of education. The Committee requests that specific information, as outlined above, be provided in the next periodic report. (Paragraphs 24 to 26) UN Committee on the Elimination of Discrimination against Women It is also concerned that FGM, sexual, domestic and other forms of violence against women are under-reported due to cultural taboos and victims’ lack of trust in the legal system, and that criminal law provisions are not consistently enforced because of insufficient allocation of funds, lack of coordination among the relevant actors, low awareness of existing laws and policies on the part of law enforcement officials, lack of capacity to apply the law in a gender-sensitive manner, and discriminatory societal attitudes. Lastly, the Committee is concerned about the State party’s failure to criminalise marital rape, its delay in adopting a national strategy to combat violence against women, lack of victim assistance and rehabilitation services, and the absence of disaggregated data on prosecution and conviction rates in relation to violence against women. (Paragraph 20). UN Independent Expert on Minority Issues A forum for Anuak and Nuer women to talk about their lives, issues and concerns highlighted the massive impact on individuals, families and communities, and on women in particular, of the ethnic conflicts, and the incidents of December 2003. The women talked of their despair over the fact that their Anuak sons and other male family members had either been killed or fled to avoid the killing and had not returned. They asked for help to convince their sons that it was safe to return to their communities. Many women face severe practical problems of daily survival, personal security, including the threat of rape, and loss of property in the absence of male members of their families. They spoke of the continuing trauma of their experiences and how their loss has left them in deep despair. (Paragraph 35) The Gambella Bureau for Women's Affairs noted that surveys had established that women and children had been significant victims of conflict. They were unable to flee and suffered from secondary effects, including loss of property and the support of male family members. In many regions, women traditionally have no customary rights to own or inherit property. Even where males have fled violence, property is commonly appropriated by remaining male members of the husband's family. In cases of divorce, property is generally retained by the husband, despite chapter 5 of the Family Code which establishes shared ownership of common property. The property rights of women generally were highlighted by the independent expert as an area requiring urgent legislative and practical protection. (Paragraph 72) Universal Periodic Review (December 2009) A - 19. Make combating discrimination against vulnerable girls a national priority and adopt a comprehensive strategy to eliminate discrimination on any grounds against all vulnerable groups, as recommended by the Committee on the Rights of the Child (Azerbaijan); (accepted) 41. Implement fully the following recommendations of the Committee on the Rights of the Child: (a) ensure adequate resources to investigate cases of sexual abuse and exploitation and prosecute and impose adequate sentences for such crimes; (b) make combating discrimination against vulnerable girls a national priority and adopt a comprehensive strategy to eliminate discrimination on any grounds against all vulnerable groups; (c) enhance the security in refugee camps and take all necessary measures to protect girls against sexual exploitation, establish accessible complaints mechanisms, investigate cases of abuse fully and prosecute the perpetrators (Slovenia); (accepted) A - 85. Continue to facilitate education for all with due regard to girls' education and non-discriminatory access and ensuring its quality (Bangladesh); (accepted) _______________________________________________________________________ Discrimination against children belonging to minority or indigenous groups UN Committee on the Rights of the Child (Concluding Observations, November 2006) The Committee notes the absence of information on ethnic minorities in the State party’s report and is concerned over the situation of children belonging to minorities, in particular Oromo and Anuak, as they suffer stigmatisation and persecution by the armed forces, including torture, rape and killings, due to the presence of opposition groups within their territories. The Committee urges the State party to: (a) Respect the life of the members of minorities groups and in particular that of children, taking into due account the humanitarian law principle of protecting civilians; (b) Pay due attention to children of ethnic minorities in the next periodic report. (Paragraphs 79 and 80) UN Independent Expert on Minority Issues Amharic remains the official working language of choice in some states, including Amhara, the SNNP and Afar. Under previous Governments, Amharic was the language of primary school education nationwide and thus children from other ethnic groups had little possibility to learn their native language within the formal school system. Under article 5, paragraph 1 of the Constitution, all languages are given equal recognition by the State, and Amharic is recognised as the official working language of the federal Government. However each member state of the Federation may determine its own working language. (Paragraph 49) Interviews in Gambella revealed that: many children were not in school; the security situation had led to the effective suspension of education for two years in some waredas; schools had been destroyed and lacked materials; teachers had left or were poorly qualified; and there was little information available to the regional government about the functioning of the education system in rural areas, administered by the waredas. While some communities were felt to have adequate access to education, due in part to their disproportionate residence in relatively urban areas, inequalities in access to education for groups including Anuak, Nuer, Majangir, Komo and Opo residing in rural areas were cause for concern. (Paragraph 52) Sources claim that Oromo people are disproportionately represented amongst prison inmates and are often held and convicted based on politically motivated charges. Representatives of the Oromo allege widespread violation of their civil and political rights, including killings and imprisonment of political leaders, journalists and students; restrictions on independent political parties; exclusion of students from universities; and discrimination against Oromo who fail to support the EPRDF ruling party. (Paragraph 77) It is clear that the continued imprisonment without trial according to international standards of opposition leaders, economists, scholars and university students, represents a violation of human rights obligations and a breach of trust between Government and citizens. Continuation of this situation will contribute to denying the full realisation of the admirable initiatives represented in the Constitution regarding equal rights among all ethnic groups in Ethiopia and consequent recognition and protection of language, cultural and religious rights. (Paragraph 96) As a matter of priority the federal Government should: − Treat those political opposition leaders, journalists, students and human rights defenders currently detained according to international law and standards of fair and speedy trial, and where no evidence exists for conviction release them immediately; (Paragraph 98) _______________________________________________________________________ Discrimination against children with disabilities UN Committee on the Rights of the Child (Concluding Observations, November 2006) The Committee notes the State party’s efforts to support children with disabilities, including direct and indirect assistance. However, it is concerned about the persisting de facto discrimination, lack of statistical data on the number of disabled children and insufficient educational opportunities. The Committee is also concerned that children are doubly disadvantaged if they live in rural and remote areas. The Committee recommends that, taking into account the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations of the Committee’s day of general discussion on children with disabilities held on 6 October 1997 (see CRC/C/66), the State party take all necessary measures to: (a) Raise awareness about children with disabilities, including their rights, special needs and potential, in order to change prevailing prejudices against children; (b) Collect adequate disaggregated statistical data on children with disabilities and use such data in developing policies and programmes to promote equal opportunities for them in society, paying particular attention to children living in the most remote areas of the country; (c) Provide children with disabilities with access to adequate social and health services, as well as, to quality education; (d) Ensure that professionals working with and for children with disabilities, such as medical, paramedical and related personnel, teachers and social workers are adequately trained. (Paragraphs 51 and 52) UN Committee on the Elimination of Discrimination against Women The Committee welcomes the measures taken by the State party to increase women’s and girls’ access to all levels of education, such as affirmative action, awareness-raising, support to disadvantaged girls, and incentives for parents to send their daughters to school, in particular in rural and pastoralist areas. However, it remains concerned about: (c) The limited access of poor girls, girls in pastoralist areas, and girls with disabilities to education due to economic and socio-cultural barriers such as indirect costs of schooling, unfavourable attitudes by male students and teaching staff, verbal and physical abuse and harassment, and long distances to schools; The Committee also calls on the State party to continue taking measures to address regional disparities and ensure equal access of girls and women to all levels of education such as measures to: (d) Strengthen support services, including scholarships, transport and tutorial support, for disadvantaged girls such as poor girls, girls in pastoralist areas and girls with disabilities, as well as incentives and subsidies for their families; (e) Ensure adequate educational opportunities for girls and boys with disabilities, including by integrating them into mainstream education; (Paragraphs 30 and 31) _______________________________________________________________________ Sexual exploitation and abuse of children UN Committee on the Rights of the Child (Concluding Observations, November 2006) The Committee welcomes the initiatives by the State party to combat sexual exploitation of children, including provisions for stricter penalties in the revised Criminal Code and the establishment of a national plan of action against sexual exploitation of children. Nevertheless, the Committee is concerned that a high number, especially girls, are victims of sexual exploitation and sexual abuse, and that the majority of cases remain in impunity. Furthermore, the Committee is deeply concerned at the lack of information in the State party report on the extent of the problem and the number of children affected. The Committee recommends that the State party: (a) Undertake awareness-raising educational measures to prevent and eliminate sexual exploitation, in particular by supporting the current efforts undertaken by NGOs; (b) Provide further resources to support physical and psychological recovery for all children affected by sexual exploitation which to date largely depends upon NGOs; (c) Train professionals, in particular those working with the administration of justice, in order to receive, investigate process complaints in a child-sensitive manner that respects the privacy of the victim; (d) Ensure adequate resources in order to investigate cases of sexual abuse and exploitation, prosecute and impose adequate sentences for such crimes; (e) Implement a comprehensive policy, in coordination with NGOs, for the prevention, recovery and social reintegration of child victims, in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children; (Paragraphs 73 and 74) UN Committee on Economic, Social and Cultural Rights The Committee is concerned that despite concerted efforts by the State party to address internal trafficking and sexual exploitation of children, the problem remains widely prevalent (art.10). The Committee recommends that the State party intensify its efforts to prevent and combat the trafficking and sexual exploitation of children, including through the adoption of a new national plan of action to combat the problem. (Paragraph 16). UN Committee on the Elimination of Discrimination against Women While noting that the State party has taken measures to combat trafficking in human beings, in particular women and girls, by criminalising it, raising awareness, training law enforcement officials, creating a special prosecution unit, and concluding agreements with neighbouring countries, the Committee is concerned about the lack of data and the low prosecution and conviction rates in relation to, in particular, internal trafficking of women and children for forced labour and sexual exploitation, the limited measures to address poverty as the root cause of trafficking, the lack of victim assistance, and the lack of protection of refugee and internally displaced women and children vulnerable to become victims of trafficking. (Paragraph 24). The Committee recommends that the State party: (a) Adopt a national plan of action to combat trafficking in human beings, in particular women and girls, including refugees and IDPs; (b) Continue raising awareness about human trafficking and training law enforcement officials on the strict application of relevant criminal law provisions; (c) Address the root causes of trafficking by further enhancing the economic potential of women, including by expanding the Ethiopian Women’s Development Fund to cover more Regional States and beneficiaries and by further enhancing women’s access to land; (d) Establish appropriate mechanisms aimed at early identification, referral, assistance and support for victims of trafficking, including refugee and internally displaced women and girls; and (e) Collect disaggregated data on the number of complaints, investigations, prosecutions and sentences in relation to trafficking and include such data in its next periodic report. UN Committee against Torture The Committee expresses concern about the low prosecution and conviction rates in relation to child abduction and human trafficking, in particular internal trafficking of women and children for forced labour and sexual and other forms of exploitation. It is also concerned at the general lack of information on the extent of trafficking in the State party, including the number of complaints, investigations, prosecutions and convictions of perpetrators of trafficking, as well as on the concrete measures taken to prevent and combat human trafficking (arts. 1, 2, 12 and 16). The State party should increase its efforts to prevent and combat, in particular, child abduction and internal trafficking of women and children and provide protection for victims and ensure their access to legal, medical, psychological and rehabilitative services. In this regard, the Committee recommends that the State party adopt a comprehensive strategy to combat trafficking in human beings and its causes. The State party should also investigate all allegations of trafficking, and ensure that perpetrators are prosecuted and punished with penalties appropriate to the nature of their crimes. The State party is requested to provide information on measures taken to provide assistance to victims of trafficking, as well as statistical data on the number of complaints, investigations, prosecutions and sentences in relation to trafficking. (Paragraph 33). Universal Periodic Review (December 2009) 36. Take necessary measures to ensure that women, girls and boys are prevented from being trafficked, sexually exploited or sold for prostitution (Argentina); (accepted) 37. Step up efforts to prevent children from being engaged in trafficking, sexual exploitation and prostitution (Ghana); (accepted0 40. Adopt specific measures to deal with the causes of the increasing problem of street children and to prevent and to punish sexual exploitation of children (France); (accepted) 41. Implement fully the following recommendations of the Committee on the Rights of the Child: (a) ensure adequate resources to investigate cases of sexual abuse and exploitation and prosecute and impose adequate sentences for such crimes; (b) make combating discrimination against vulnerable girls a national priority and adopt a comprehensive strategy to eliminate discrimination on any grounds against all vulnerable groups; (c) enhance the security in refugee camps and take all necessary measures to protect girls against sexual exploitation, establish accessible complaints mechanisms, investigate cases of abuse fully and prosecute the perpetrators (Slovenia); (accepted) _______________________________________________________________________ Lack of reintegration for former child soldiers and potential continuing recruitment of children to be child soldiers UN Committee on the Rights of the Child (Concluding Observations, November 2006) The Committee notes that the State party has set 18 years as the minimum age for recruitment into the armed forces. However, the Committee is concerned about the possible gaps within the recruitment process due to a lack of adequate birth registration. Furthermore, the Committee is concerned at the lack of physical and psychological recovery for all children affected by armed conflict, in particular those who were displaced and separated from their parents and those affected by land mines. The Committee urges the State party to: (a) Take all possible measures to prevent the recruitment of children and enforce its legislation strictly; (b) Provide physical and psychological recovery measures for all children affected by armed conflict, including those separated from their parents and landmine victims, while paying particular attention to female-headed households; (c) Consider ratification of the Rome Statute of the International Criminal Court; (d) Support the operation of the UNMEE in order to seek sustainable peace in the region. (Paragraphs 67 and 68) Universal Periodic Review (December 2009) A- 42. Strengthen measures to prevent recruitment of children in the armed forces (Azerbaijan); (accepted) NC - 8. Sign (Spain) and ratify (Austria, Spain, Switzerland)/ become party to (Canada) the Optional Protocol to CRC on the involvement of children in armed conflict; (no clear position) _______________________________________________________________________ Inadequate system for birth registration The Committee regrets the absence of institutional structures and adequate legal framework to ensure birth registration. The Committee is deeply concerned that a very large number of children are neither registered at birth nor at a later stage. The Committee reiterates its concern from the previous periodic review and urges the State party to strengthen and further develop measures to ensure that all children born within the national territory are registered by adopting an adequate legal framework. Furthermore, the Committee urges the State party to create institutional structures that are accessible and free in order to implement effective birth registration, e.g. by introducing mobile units, especially in rural and remote areas and internally displaced persons (IDPs) and refugee camps. The Committee recommends the State party to seek technical assistance from UNICEF for the implementation of these recommendations. (Paragraphs 31) Universal Periodic Review (December 2009) A - 43. Take measures to achieve timely registration of all births and create an adequate and credible birth registration system (Poland); (accepted) P - 9. Ensure effective birth registration of all children, raise the age of criminal responsibility in compliance with CRC and adopt specific measures to strengthen protection of human rights of children from vulnerable groups, such as children in detention, internally displaced children and children of refugees (Czech Republic); (pending) _______________________________________________________________________
Last reported: 11 and 12 July 2011
Concluding Observations published: 19 August 2011
The State party should further enhance its efforts to prevent and eradicate harmful traditional practices including female genital mutilation and strengthen its awareness- raising and education programmes in that regard, in particular in those communities where the practice remains widespread. It should ensure that perpetrators are brought to justice and present data on this matter in its next report. (Paragraph 10)
Last reported: 9 and 10 May 2012
Concluding Observations issued: 18 May 2012
Last reported: 19 and 20 August 2009
Concluding Observations issue: 7 September 2009
Last reported: 15 July 2011
Concluding Observations issued: 27 July 2011
Last reported: 2 and 3 November 2010
Last reported: 19 and 20 August 2009
Concluding Observations issued: 7 September 2009
Last reported: 2 and 3 November 2010
Country visit: 16 to 27 February 2004
Report published: 8 February 2005
Last reported: 9 and 10 May 2012
Concluding Observations: 18 May 2012
Last reported: 15 July 2011
Concluding Observations issued: 27 July 2011
UN Committee on the Rights of the Child (Concluding Observations, November 2006)
Last reported: 11 and 12 July 2011
Concluding Observations published: 19 August 2011
The State party should reinforce its measures to combat trafficking in women and children and prosecute and punish perpetrators. The State party should collect and submit data in this regard in its next periodic report. The State party should also put in place strong programmes to support the human rights of the victims. (Paragraph 11)
Last reported: 9 and 10 May 2012
Concluding Observations issued: 18 May 2012
Last reported: 15 July 2011
Concluding Observations issued: 27 July 2011
Last reported: 2 and 3 November 2010
Last reported: 9 and 10 May 2012
Concluding Observations issued: 18 May 2012
Country visit: 16 to 27 February 2004
Report published: 8 February 2005
Last reported: 9 and 10 May 2012
Concluding Observations issued: 18 May 2012
Last reported: 2 and 3 November 2010
Last reported: 9 and 10 May 2012
Concluding Observations issued: 18 May 2012
Last reported: 15 July 2011
Concluding Observations issued: 27 July 2011
Country visit: 16 to 27 February 2004
Report published: 8 February 2005
Last reported: 9 and 10 May 2012
Concluding Observations issued: 18 May 2012
Last reported: 15 July 2011
Concluding Observations issued: 27 July 2011
Country visit: 28 November to 12 December 2006
Report published: 28 February 2007
Last reported: 19 and 20 August 2009
Concluding Observations issued: 7 September 2009
Last reported: 2 and 3 November 2010
Last reported: 9 and 10 May 2012
Concluding Observations issued: 18 May 2012
Last reported: 15 July 2011
Concluding Observations issued: 27 July 2011
Last reported: 2 and 3 November 2010
Last reported: 2 and 3 November 2010
UN Committee on the Rights of the Child (Concluding Observations, November 2006)
Last reported: 11 and 12 July 2011
Concluding Observations published: 19 August 2011
The Committee recalls the recommendation made by the Committee against Torture, that the State party should establish an effective independent national system to monitor and inspect all places of deprivation of liberty and to follow-up on the outcome of such systematic monitoring. In addition, the State party should grant independent international monitoring mechanisms access to prisons, detention centres and any other places where persons are deprived of their liberty, including in the Somali Regional State (Paragraph 23)
Last reported: 2 and 3 November 2010
Last reported: 2 and 3 November 2010
Last reported: 15 July 2011
Concluding Observations issued: 27 July 2011
Country visit: 28 November to 12 December 2006
Report published: 28 February 2007
Country visit: 28 November to 12 December 2006
Report published: 28 February 2007
Last reported: 15 July 2011
Concluding Observations issued: 27 July 2011
Last reported: 9 and 10 May 2012
Concluding Observations issued: 18 May 2012
Last reported: 15 July 2011
Concluding Observations issued: 27 July 2011
Last reported: 2 and 3 November 2010
UN Committee on the Rights of the Child (Concluding Observations, November 2006)