Submitted by crinadmin on
Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Scroll to: ______________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, October 2012) [N]oting the existence of plural legal systems, the Committee is concerned that the customary law and practices are not consistent with the principles and provisions of the Convention, in particular those relating to the minimum age of marriage, divorce, and inheritance. The Committee urges the State party to expedite the revision and adoption of pending legislation on children’s rights, particularly the Child Care and Protection Bill, and the Child Justice Bill. The Committee also recommends the State party to incorporate into all proposed and existing legislation the principles and provisions of the Convention, and in the meantime, take measures to ensure that in case of conflict, the constitutional provisions and statutory laws prevail over the customary law, and that children and women have full access to the formal justice system. (Paragraphs 10 and 11) The Committee is gravely concerned that the Married Persons Equality Act, which sets the minimum age of marriage at 18, does not apply to customary marriages. The Committee strongly recommends the State party to: (a) Review and amend the Constitution and all existing legislation to harmonise the overall definition of the child to comply with the provisions of the Convention, and ensure that all existing legislation affords full protection to all children under 18 as well as respects their evolving capacities and increased autonomy; and (b) Ensure that the provision of the Married Persons Equality Act related to minimum age of marriage is applicable to customary marriages. [T]he Committee is concerned about the customary laws and practices that discriminate against women and girls, including those related to marriage and inheritance. In light of article 2 of the Convention, the Committee recommends that the State party: (b) Adopt all necessary measures to combat discrimination faced by women and girls under customary law, particularly in the areas of marriage and inheritance rights, including through efforts to prevent the application of such law in rural areas. In these efforts, the Committee calls upon the State party to ensure that girls, women, traditional leaders and civil society organisations are consulted throughout the process; c) Review all relevant civil laws to end legislative discrimination against women and girls. In particular, the State party should review Married Persons Equality Act of 1996 to eliminate all discriminatory provisions, including those affecting marriage, land ownership and inheritance rights; (Paragraphs 30 and 31) The Committee is gravely concerned at the continued prevalence of sexual initiation practices and early marriage in the State party. In addition, the Committee is concerned that the State party has not taken any steps to systematically document and curb such harmful practices, including through the introduction of sanctions. The Committee calls upon the State party to ensure that adequate criminal and civil sanctions are imposed on individuals, including on traditional leaders who encourage or are involved in sexual initiation practices. In addition, the State party should implement sensitisation programmes involving families, community leaders and society at large, including children themselves, to curb the practices of sexual initiation rites and early marriages, particularly in rural areas. (Paragraphs 42 and 43) UN Human Rights Committee The Committee welcomes the Married Persons Equality Act, which eliminates discrimination between spouses. It nevertheless remains concerned by the high number of customary marriages which continue to be unregistered. It is also concerned about the deprivation of rights that women and children experience as a consequence, in particular with regard to inheritance and land ownership (arts. 3, 23 and 26). The Committee urges the State party to: (a) Take effective measures to encourage the registration of customary marriages and to grant the spouses and children of registered customary marriages the same rights as those married under civil law. The future Bill on Intestate Inheritance and Succession and the future Bill on Recognition of Customary Law Marriages should take these considerations into account. (Paragraph 9) UN Committee on the Elimination of Discrimination against Women While welcoming the passage of the Married Persons Equality Act (Act No. 1 of 1996), which gives wives and husbands in both civil and customary marriages equal power of guardianship in respect of children, the Committee is concerned that this law does not address the gender inequalities in customary marriages regarding property. The Committee is also concerned that Namibian law does not require the registration of customary marriages. The Committee is further concerned that early marriage continues in spite of the fact that the Married Persons Equality Act fixes the legal age of marriage at 18 years for both boys and girls. The Committee calls upon the State party to: (a) Review the Married Persons Equality Act (Act No. 1 of 1996), with a view to eliminating discrimination against women in customary marriages related to property rights in order to bring such rights in customary marriages into line with those in civil marriages. The Committee also calls upon the State party to take all necessary steps, including the process of consulting traditional leaders, women and civil society organisations, in order to draft a bill on the registration of customary marriages. The Committee recommends that the State party take steps to ensure that the legal age of marriage is respected. (Paragraphs 28 and 29) UN Committee on the Elimination of Racial Discrimination While noting the establishment of a Law Reform and Development Commission which is charged with, inter alia, the review of discriminatory laws dating back to colonial times, the Committee reiterates its concern about the discriminatory character of some Namibian laws that remain in force, including with regard to the administration of intestate inheritance. It also remains concerned about aspects of customary laws of certain ethnic groups on personal status that discriminate against women and girls, including laws pertaining to marriage and inheritance. (arts. 2 and 5(d)(iv) and (vi)) The Committee urges the State party to: (a) Review its laws with a view to removing discriminatory laws in order to provide equal protection and treatment to all persons. Recalling its general recommendation No. 25 (2000) on gender-related dimensions of racial discrimination, the Committee recommends in particular that the State party urgently ensure that its laws, especially on marriage and inheritance, do not discriminate against women and girls of certain ethnic groups. It invites the State party to consider introducing a system which allows individuals a choice between customary law systems and the national law while ensuring that the discriminatory aspects of customary laws are not applied. (Paragraph 11) ______________________________________________________________________ Inadequate juvenile justice system UN Committee on the Rights of the Child (Concluding Observations, October 2012) The Committee welcomes the Criminal Procedure Amendment Act 24 of 2003 and its provisions on child-friendly courts; however, it is concerned that despite the exceptionally long delay, the Child Justice Bill has not been adopted. The Committee is also concerned about: (a) The minimum age of criminal responsibility, which is seven years in the State party, being unacceptably low; (b) The children‟s courts not being operational in all regions; (c) The absence of information in the State party report and public domain on the situation of children in conflict with the law; (d) The lack of special detention facilities for children, both boys and girls, children being incarcerated with adults, and the poor conditions of detention, including in prisons; and (e) The reports that judges do not consistently enforce the amendments to the Criminal Procedure Act 24 (2003). The Committee reiterates its previous recommendation (CRC/C/15/Add.14, 1994, para 20) that the State party bring its juvenile justice system fully in line with the Convention, in particular articles 37, 39 and 40, and with other relevant standards, including the Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), the Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules), the Vienna Guidelines for Action on Children in the Criminal Justice System; and the Committee’s general comment No. 10 (CRC/C/GC/10, 2007). In particular, the Committee urges the State party to: (a) Urgently update and adopt the pending Child Care and Protection Bill and Child Justice Bill; (b) Amend the age of criminal responsibility to an internationally acceptable level, ensuring that such provision does not allow, by way of exception, the use of a lower age; (c) Ensure that all the provisions related to juvenile justice in Criminal Procedure Amendment Act are effectively enforced, including those related to children’s courts; (d) Establish Children's Courts in all the regions of the State party; (e) Provide all professionals working in the juvenile justice system with training on the Convention, other relevant international standards and the Committee’s general comment No. 10 on children’s rights in juvenile justice; (f) Protect the rights of children deprived of their liberty and improve their conditions of detention and imprisonment, in particular by establishing special prisons for children with conditions suited to their age and needs, and ensuring provision of social services in all detention centers in the country, and, in the meantime, guarantee separation of children from adults in all prisons and pre-trail detention centres throughout the country; and (g) Gather information on the number and legal situation of children in detention, their conditions of detention and cases of children who have been provided with legal assistance and make such information publicly available. (Paragraphs 73 and 74) UN Human Rights Committee [The] Committee takes note of the draft Child Status Bill, which seeks to enable children born out of wedlock to have the same rights as those born within wedlock. The Committee, however, notes with concern that children do not get the type of special protection which they require in the area of administration of justice, in particular in the criminal justice system (arts. 10, 14 and 24). The Committee urges the State party to: (a) Take measures to establish an appropriate juvenile criminal justice system in order to ensure that juveniles are treated in a manner commensurate with their age. (Paragraph 19) ______________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, October 2012) The Committee notes that the Education Act No. 16 of 2001 prohibits corporal punishment in schools and the Supreme Court ruling of 1991 ruled that corporal punishment is unlawful in school and as a sentence for crime. However, the Committee is gravely concerned about the information provided by the State party that: (a) The practice of corporal punishment remains widespread in all settings, including in schools; (b) Certain new legislation, such as Combating of Domestic Violence Act (No 4 of 2003) and laws prohibiting corporal punishment in schools are not fully enforced in practice; and (c) There is an absence of legislation that explicitly prohibits corporal punishment in the home, penal system and alternative care settings. In addition, the Committee deplores the fact that „reasonable chastisement‟ of a child is a common law defense to the crimes of corporal punishment. The Committee strongly calls upon the State party to: (a) Pass as a matter of priority, the Child Care and Protection Bill with the view to prohibiting corporal punishment under civil and customary law and in all settings, including in the home, school, and alternative care settings; (b) Ensure that laws prohibiting corporal punishment are effectively implemented and that legal proceedings are systematically initiated against those responsible for corporal punishment; (c) Immediately repeal all provisions authorising corporal punishment; (d) Introduce sustained public education, awareness-raising and social mobilisation programmes, involving children, families, communities and religious leaders, on the harmful effects, both physical and psychological, of corporal punishment, with a view to changing the general attitude towards this practice, and to promote positive, non-violent and participatory forms of child-rearing and discipline as an alternative to corporal punishment; and (e) Ensure that all school teachers and personnel complete mandatory trainings on the rights of child, on the harmful effects, both physical and psychological, of corporal punishment and encourage positive behavioural support and alternative forms of discipline. (Paragraphs 38 and 39) UN Human Rights Committee While the Committee commends the State party for the enactment of the Combating Domestic Violence Act which criminalises domestic violence, the Committee regrets that, despite wide prevalence of domestic violence, so far only 62 persons have been prosecuted and no victims have been compensated (art. 23). The Committee urges the State party to: (a) Encourage further use of this Act, especially by training the police force and sensitising it to the needs of victims. Additional special shelters for those suffering from domestic violence should be created. (Paragraph 20) Universal Periodic Review (January 2011) A - 96.6. Strengthen the mechanisms of legal and social protection of children against violence, particularly sexual, of which they are victims (France) (accepted) A - 96.42. Apply fully the legislation geared towards combating discrimination and violence, particularly sexual, against women and young girls, particularly in terms of access of victims to justice and of training of magistrates, judges and police regarding this problem (France) (accepted) A - 97.9. Continue its efforts to prevent, punish and eradicate violence against boys and girls (Argentina) (accepted) A - 97.11. Increase its efforts to combat violence against women and children (Germany) (accepted) ______________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, October 2012) The Committee is deeply concerned that children are trafficked within the State party for employment in agriculture, road construction, vending and commercial sex work and children from other countries are trafficked to the State party for livestock and child- minding work. The Committee also notes with concern the absence of a specific legislation on human trafficking and the lack of prosecutions for trafficking in persons. The Committee urges the State party to: (a) Urgently adopt a legislation on human trafficking in line with Palermo Convention and article 35 of the Convention; (b) Strengthen its efforts to combat international and internal child trafficking including by establishing more rigorous border control; and (c) Ensure that adequate measures are taken to hold perpetrators of child sale, trafficking and abduction accountable for their offences. (Paragraphs 71 and 72) UN Committee on the Elimination of Discrimination against Women The Committee regrets that insufficient information was provided in the report on the issue of trafficking in women and girls. The Committee urges the State party to: (a) Carry out a study in order to assess the prevalence of trafficking in women and girls in the country and to include in its next periodic report a comprehensive assessment of the extent of trafficking and its root causes and measures taken to eliminate the vulnerability of women and girls to trafficking. Such information should be disaggregated by age and geographical areas and should also include information on the impact of measures taken and of results achieved. (Paragraphs 20 and 21) Universal Periodic Review (January 2011) A - 96.3. Adopt appropriate legislation on trafficking in human beings, prohibit the use, procuring or offering of children for prostitution and ensure that children under the age of 14 are not engaged in child labour (Slovenia) (accepted) ______________________________________________________________________ Inadequate provision for, and disparities in access to, education UN Committee on the Rights of the Child (Concluding Observations, October 2012) The Committee welcomes that the State party has allocated substantial resources on the education sector. The Committee also welcomes the Education and Training Sector Improvement Programme (ETSIP) for inclusive education. However, it is concerned about: (a) The disparities between urban and rural areas in terms of access to education, the insufficient number of well-trained teaching staff, and poor school infrastructure and children‟s limited access to school materials and text books; (b) The low retention and high drop-out rates in primary and secondary schools; (c) The private costs, including contribution to the school development funds and its impact on children‟s right to education, particularly of certain groups of children, such as children living in poverty, pregnant adolescents, children with disabilities, migrant, refugee and indigenous children; and (d) The high level of drop-out among girls due to teenage pregnancies and lack of implementation of the policy on the prevention and management of learner pregnancy. Taking into account the Committee’s general comment No. 1 (CRC/GC/2001/1, 2001), it recommends that the State party continue to strengthen programs and policies to ensure accessibility of quality education for all children in Namibia. In particular, the Committee urges the State party to: (a) Increase the number of well-trained teachers, improve school infrastructure, and increase children’s access to school materials and text books with the view to eradicating regional disparities with regard to school enrolment and attendance; (b) Strengthen support to improve school attendance and retention programmes, and provide vocational training for drop-out students; (c) Eliminate all types of hidden or additional fees in the school system, including an immediate abolishment of the school development fund scheme to ensure unhindered and equal access to education for all children; and (d) Implement special education programmes taking into account the needs of vulnerable children, and ensure effective enforcement of the Policy for the Prevention and Management of Learner Pregnancy to ensure that pregnant girls have full and easy access to education. (Paragraphs 63 and 64) The Committee recommends the State party to: (a) Develop a comprehensive strategy to protect children in street situations and reduce their number, including identifying the underlying causes, such as poverty, family violence, migration, lack of access to education with the aim of preventing and reducing this phenomenon. In this regard, the Committee calls upon the State party to pay special attention to the specific vulnerability of girls in street situations to sexual abuse, exploitation and early pregnancy; (Paragraph 70) The Committee notes the efforts by the State party to address discrimination, including through the formulation of numerous policies and programs, such as the Education Sector Policy for Orphans and Vulnerable children and National Policy on HIV/AIDS. Despite these efforts, the Committee is concerned about: (a) Human rights violations resulting from widespread discrimination against children from indigenous communities, in particular Ovahimba and San, children with disabilities, those living in poverty, children in street situations and refugee and migrant children. (b) Pervasive marginalisation and discrimination against women and girls, including patriarchal attitudes and deep-rooted norms and customs that discriminate against girls and place severe restrictions on their human rights. Furthermore, the Committee is concerned about the customary laws and practices that discriminate against women and girls, including those related to marriage and inheritance. In the light of article 2 of the Convention, the Committee recommends that the State party: (a) Intensify measures, including timely implementation of relevant policies and strategic plans to reduce poverty, prevent and combat discrimination in education, health and development, particularly for girls, indigenous children, children with disabilities and other groups of children in vulnerable situations; (b) Adopt all necessary measures to combat discrimination faced by women and girls under customary law, particularly in the areas of marriage and inheritance rights, including through efforts to prevent the application of such law in rural areas. In these efforts, the Committee calls upon the State party to ensure that girls, women, traditional leaders and civil society organisations are consulted throughout the process; c) Review all relevant civil laws to end legislative discrimination against women and girls. In particular, the State party should review Married Persons Equality Act of 1996 to eliminate all discriminatory provisions, including those affecting marriage, land ownership and inheritance rights; and (d) Include detailed information in its next report on measures adopted to prevent the application of customary law which discriminates against girls and women or has the effect of creating or perpetuating discrimination against girls. (Paragraphs 30 and 31) UN Committee on the Elimination of Discrimination against Women The Committee expresses concern about the high dropout rates of girls from formal education. The Committee is also concerned that the provision contained in the Policy on Pregnancy among Learners requiring that girls who become pregnant should be allowed to return to normal schooling only after spending at least one year with the baby could act as a deterrent for girls to resume their studies after childbirth. The Committee regrets that insufficient statistical data and information were provided on girls’ education. The Committee urges the State party to: (a) Implement measures to retain girls in school and monitor the impact of the Policy on Pregnancy among Learners on the rate at which girls return to school after childbirth. The Committee requests that the State party give high priority to the implementation of its programme on population and family life education. The Committee calls on the State party to include, in its next report, statistical data disaggregated by sex, ethnicity and region, as well as information on girls’ education, providing analysis of trends over time and progress towards the achievement of goals. (Paragraphs 22 and 23) UN Committee on the Elimination of Racial Discrimination The Committee notes with appreciation the legal provisions regarding the desegregation of the educational system. However, it remains concerned about the persistence of de facto discrimination regarding access to education, as well as the high illiteracy rate that continues to exist among marginalised parts of the population. The Committee urges the State party to: (a) Strengthen the implementation of its laws and policies aimed at the desegregation of education. In particular, the State party should increase its efforts aimed at reducing illiteracy, especially among the most marginalised communities. It requests the State party to provide, in its next periodic report, information on the impact achieved by these measures. (Paragraph 13) Universal Periodic Review (January 2011) A - 96.68. Continue its education policy, giving special emphasis to the education of young girls (Niger) (acceptance) ______________________________________________________________________ Discrimination against women, girls, children from certain ethnic backgrounds UN Committee on the Rights of the Child (Concluding Observations, October 2012) The Committee notes the efforts by the State party to address discrimination, including through the formulation of numerous policies and programs, such as the Education Sector Policy for Orphans and Vulnerable children and National Policy on HIV/AIDS. Despite these efforts, the Committee is concerned about: (a) Human rights violations resulting from widespread discrimination against children from indigenous communities, in particular Ovahimba and San, children with disabilities, those living in poverty, children in street situations and refugee and migrant children. (b) Pervasive marginalisation and discrimination against women and girls, including patriarchal attitudes and deep-rooted norms and customs that discriminate against girls and place severe restrictions on their human rights. Furthermore, the Committee is concerned about the customary laws and practices that discriminate against women and girls, including those related to marriage and inheritance. In the light of article 2 of the Convention, the Committee recommends that the State party: (a) Intensify measures, including timely implementation of relevant policies and strategic plans to reduce poverty, prevent and combat discrimination in education, health and development, particularly for girls, indigenous children, children with disabilities and other groups of children in vulnerable situations; (b) Adopt all necessary measures to combat discrimination faced by women and girls under customary law, particularly in the areas of marriage and inheritance rights, including through efforts to prevent the application of such law in rural areas. In these efforts, the Committee calls upon the State party to ensure that girls, women, traditional leaders and civil society organisations are consulted throughout the process; c) Review all relevant civil laws to end legislative discrimination against women and girls. In particular, the State party should review Married Persons Equality Act of 1996 to eliminate all discriminatory provisions, including those affecting marriage, land ownership and inheritance rights; and (d) Include detailed information in its next report on measures adopted to prevent the application of customary law which discriminates against girls and women or has the effect of creating or perpetuating discrimination against girls. (Paragraphs 30 and 31) UN Committee on the Elimination of Racial Discrimination While noting the establishment of a Law Reform and Development Commission which is charged with, inter alia, the review of discriminatory laws dating back to colonial times, the Committee reiterates its concern about the discriminatory character of some Namibian laws that remain in force, including with regard to the administration of intestate inheritance. It also remains concerned about aspects of customary laws of certain ethnic groups on personal status that discriminate against women and girls, including laws pertaining to marriage and inheritance. (arts. 2 and 5(d)(iv) and (vi)) The Committee urges the State party to: (a) Review its laws with a view to removing discriminatory laws in order to provide equal protection and treatment to all persons. Recalling its general recommendation No. 25 (2000) on gender-related dimensions of racial discrimination, the Committee recommends in particular that the State party urgently ensure that its laws, especially on marriage and inheritance, do not discriminate against women and girls of certain ethnic groups. It invites the State party to consider introducing a system which allows individuals a choice between customary law systems and the national law while ensuring that the discriminatory aspects of customary laws are not applied. (Paragraph 11) Universal Periodic Review (January 2011) A - 96.42. Apply fully the legislation geared towards combating discrimination and violence, particularly sexual, against women and young girls, particularly in terms of access of victims to justice and of training of magistrates, judges and police regarding this problem (France) (accepted) ______________________________________________________________________ Lack of basic services for children and high rates of poverty UN Committee on the Rights of the Child (Concluding Observations, October 2012) While taking note of the national development framework, Vision 2030 and the Fourth National Development Plan which aims to provide a comprehensive child protection and family support system, the Committee is, nonetheless, concerned that 34.4 per cent of the State party‟s children live below the poverty line, and malnutrition, mortality and morbidity rates of children in poverty are high, and 67 per cent of Namibians do not have access to improved sanitation. In this context, the Committee expresses concern about the lack of basic services in the State party to support families in raising their children, and ensuring children‟s rights to holistic development. The Committee calls on the State party to take all necessary measures to address child poverty and vulnerability, including through family support services and social protection to disadvantaged families, including targeted programmes for families that are particularly vulnerable to poverty, implemented at community level. (Paragraphs 45 and 46) UN Committee on the Elimination of Racial Discrimination The Committee acknowledges the State party’s stated intention to review the development programmes currently in place, as well as the steps taken by the State party to improve the economic and social situation of the indigenous communities, including by mobile school units, scholarships for San children, and non-discrimination training for employers. However, it remains concerned about the extreme poverty of the indigenous communities and its impact on their equal enjoyment of human rights. The Committee is particularly concerned about the high rate of HIV/AIDS infection among the San, their lack of access to identification documents, their low level of school attendance, and the comparatively low life expectancy among those communities. The Committee urges the State party to: (a) Enhance its efforts to reduce poverty and to stimulate economic growth and development for the most marginalised groups, namely the indigenous communities, especially with regard to education and health. It requests that the State party provide, in its next periodic report, information on the active involvement of targeted beneficiaries in the decisions directly relating to their rights and interests. (Paragraph 21) ______________________________________________________________________ Economic exploitation and child labour UN Committee on the Rights of the Child (Concluding Observations, October 2012) The Committee reiterates its previous concern (CRC/C/15/Add.10, para 8, 1994) about the prevalence of child labour, particularly in the informal sector and rural areas. The Committee is particularly concerned about: (a) The inconsistency between the minimum age for employment in the Labour Act, which is 14 years of age, and the age of completing education which is 16 years; (b) The reports of exploitation and abuse of children in the domestic and agricultural sectors, including physical abuse, denial of education and long working hours; and (c) The prevalence of the worst forms of child labour, including involvement of children in hazardous work. The Committee reiterates its previous recommendation (CRC/C/15/Add.14, para. 21, 1994) that the State party ensure that its policy and legislation on the issue of child labour is in conformity with the provisions of the Convention and relevant ILO Conventions. In addition, the Committee urges that the State party to take all available means to address child labour, with particular emphasis on the worst forms of child labour. The Committee specifically recommends the State party to: (a) Amend the Labour Act raising the minimum age of employment to the level of the age of completing education and the minimum age of employment in hazardous work to 18 years ; (b) Increase inspections and investigation on suspected cases of child labour, including in the agricultural sector, and provide compensation and criminal penalties to improve compliance with child labour provisions; (c) Require employers of agricultural and child domestic workers to report all work-related injuries and serious illnesses to the Office of The Labour Commissioner at the Ministry of Labour and Social Welfare in order to collect and publish better statistics than are currently available about such incidents; (d) Undertake awareness raising programs for the general public on child labour and the enforcement of legal provisions, particularly in farming areas; (e) Ratify the ILO Convention NO 189 of 2011 concerning Decent Work for Domestic Workers, (f) Seek technical assistance from the International Programme on the Elimination of Child Labour of the International Labour Office (ILO-IPEC) in this regard; and (g) Strict enforcement of the labour laws, in particular by ensuring civil and criminal penalties to improve compliance with the provision of access to education for children engaged in employment. (Paragraphs 67 and 68) Universal Periodic Review (January 2011) A - 96.3. Adopt appropriate legislation on trafficking in human beings, prohibit the use, procuring or offering of children for prostitution and ensure that children under the age of 14 are not engaged in child labour (Slovenia) (accepted) A - 96.9. Pursue efforts to address concerns regarding child labour, in particular through its Action Programme to Eliminate Child Labour in Namibia 2008-2012 (Botswana) (accepted) A - 96.10. Redouble efforts aimed at fully implementing the Action Programme to Eliminate Child labour in Namibia 2008-2012 (Malaysia) (accepted) A - 97.4. Continue pursuing appropriate policies, such as the Action Programme to Eliminate Child Labour in Namibia 2008-2012, in particular with regard to ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, to address the phenomenon of child labour (Slovakia) (accepted) ______________________________________________________________________ Sexual abuse, exploitation and violence against children UN Committee on the Rights of the Child (Concluding Observations, October 2012) The Committee also recommends the State party to collect systematic data on cases of violence against children, in particular sexual violence and corporal punishment, including by requiring all schools, alternative care institutions and state structures to report all instances of violence against children. (Paragraph 19) While the Committee notes that the State party has established Women and Child Protection Units in all regions to strengthen child protection, the Committee is alarmed at the high prevalence of abuse and violence against women and children, including rape and sexual abuse in schools and at home. In particular, the Committee is gravely concerned about: (a) The high incidence of child rape by family members, caretakers, teachers and local leaders in the State party; (b) The low prosecution for crimes of sexual violence against children and the pervasiveness of extra-judicial settlements, leading to impunity for perpetrators. In this regard, the Committee notes with concern the delay in amending the Combating of Rape Act 8 of 2000; and (c) The limited access to justice, shelter, medical services, counseling and compensation awarded to victims under the national legislation. The Committee urges the State party to: (a) Ensure that legislation relating to sexual abuse and exploitation is effectively enforced, and that perpetrators of such crimes are brought to justice and punished with sanctions proportionate to their crimes; (b) Amend without delay the Combating of Rape Act 8 of 2000 in order to adequately protect all child victims and witnesses of sexual violence and abuse; (c) Strengthen the capacity of Women and Child Protection Units in all regions, and establish, as a matter of urgency, effective and child-friendly procedures and mechanisms to receive, monitor and investigate complaints; (d) Undertake awareness raising among children, especially among girls to encourage reporting sexual violence and abuse in schools; and (e) Develop a national strategy to respond to the shelter, health, legal and psychosocial needs of child victims of sexual exploitation and violence. (Paragraphs 40 and 41) The Committee recommends the State party to: (a) Develop a comprehensive strategy to protect children in street situations and reduce their number, including identifying the underlying causes, such as poverty, family violence, migration, lack of access to education with the aim of preventing and reducing this phenomenon. In this regard, the Committee calls upon the State party to pay special attention to the specific vulnerability of girls in street situations to sexual abuse, exploitation and early pregnancy; (Paragraph 70) The Committee is deeply concerned that children are trafficked within the State party for employment in agriculture, road construction, vending and commercial sex work and children from other countries are trafficked to the State party for livestock and child- minding work. The Committee also notes with concern the absence of a specific legislation on human trafficking and the lack of prosecutions for trafficking in persons. The Committee urges the State party to: (a) Urgently adopt a legislation on human trafficking in line with Palermo Convention and article 35 of the Convention; (b) Strengthen its efforts to combat international and internal child trafficking including by establishing more rigorous border control; and (c) Ensure that adequate measures are taken to hold perpetrators of child sale, trafficking and abduction accountable for their offences. (Paragraphs 71 and 72) The Committee notes as positive the pilot project developed with NGOs and professionals on the protection of child victims and witnesses of crimes. However, the Committee is concerned about the lack of a mechanism to protect child victims and witnesses of sexual abuse during legal proceedings, which exposes children to further trauma and insecurity, and that the child witness programmes are not operational in all regions. The Committee recommends the State party to accelerate the development and implementation of child victims and witnesses of crimes protection programs in all the regions of the country in order to increase protection for child victims and witnesses and their right to privacy and ensure that the child witness programmes are effectively enforced in all regions. (Paragraphs 75 and 76) Universal Periodic Review (January 2011) A - 96.6. Strengthen the mechanisms of legal and social protection of children against violence, particularly sexual, of which they are victims (France) (accepted) A - 96.42. Apply fully the legislation geared towards combating discrimination and violence, particularly sexual, against women and young girls, particularly in terms of access of victims to justice and of training of magistrates, judges and police regarding this problem (France) (accepted) ______________________________________________________________________ Inadequate provision for children affected by HIV and AIDS UN Committee on the Rights of the Child (Concluding Observations, October 2012) The Committee welcomes the progress of the State party in reducing HIV prevalence, achieving a high coverage of Prevention of Mother to Child Transmission of HIV and providing anti-retroviral therapy. However, the Committee is gravely concerned at: (a) The high HIV/AIDS infections among children, in particular among adolescent girls; (b) The government policy that requires children less than 16 years of age to get consent of their parents or guardian to access HIV/AIDS voluntary counseling and testing, which severely restricts children‟s right to information and health care; and (c) The decrease of funds in the area of prevention and treatment of HIV/AIDS, which could result in the reduction of services and care for children infected or affected by HIV/AIDS. In light of its general comment No. 3 (CRC/GC/2003/4, 2003), the Committee recommends the State party to: (a) Take legislative measures to ensure that all children, including girls under the age of 16 have free and confidential access to medical counsel and assistance with or without parental consent; (b) Ensure that policies and programs to prevent HIV/AIDS infection, including the National policy on HIV/AIDS for the education sector, which safeguards accessibility and availability of condoms in educational institutions and hostels, are effectively implemented; (c) Strengthen and enforce new policies and programmes to provide care and support for children infected or affected by HIV/AIDS, including programmes to strengthen the capacity of families and the communities to care for such children; and (d) Seek technical assistance from the United Nations Children’s Fund (UNICEF) and other international organisations to increase the effectiveness of resource allocation and spending, and help explore additional sources of contributions from national partners. (Paragraphs 59 and 60) Universal Periodic Review (January 2011) A - 97.16. Adopt a systematic approach to prevent mother-to-child transmission of HIV (Turkey) (accepted) ______________________________________________________________________
Early marriage and gender inequality in customary marriage
Last reported: 14 and 15 July 2004
Concluding Observations: 26 July 2004
Last reported: 17 January 2007
Last reported: 29 and 30 July 2008
Concluding Observations adopted: 12 August 2008
Last reported: 14 and 15 July 2004
Concluding Observations published: 26 July 2004
Last reported: 14 and 15 July 2004
Concluding Observations adopted: 26 July 2004
Last reported: 17 January 2007
Last reported: 17 January 2007
Last reported: 29 and 30 July 2008
Concluding Observations adopted: 12 August 2008
Last reported: 29 and 30 July 2008
Concluding Observations adopted: 12 August 2008
Last reported: 29 and 30 July 2008
Concluding Observations adopted: 12 August 2008