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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: _____________________________________________________________________ Response to malnutrition and famine UN Committee on the Rights of the Child (Concluding Observations, June 2009) The Committee notes with appreciation the significant efforts of the State party in the field of health notably as regards global acute and chronic malnutrition, under-five mortality and vaccination programmes. However, the Committee expresses concern that while rates of acute and chronic malnutrition and maternal mortality remain at a very high level, the attention paid to those critical issues seems to be underestimated. The Committee is also concerned at the low performance of health services in terms of access, utilisation and quality, and at the traditional or religious beliefs which limit children’s access to health care. The Committee calls upon the State party to increase its efforts to ensure equal access to quality health services by all children, including children living in the most remote areas of the country. Furthermore, the Committee recommends that the State party strengthen its efforts to improve the health situation of children, including through: (a) continuing to mobilise financial and human resources at district levels for an effective implementation of the Healthcare Development Plan with a particular emphasis on the development of primary health care; (b) considering nutrition as a national priority and providing appropriate resources to the implementation of nutrition activities, fully integrating nutrition activities within government health structures and using the relevant international recommendations to fight the underlying causes of malnutrition; (c) Strengthening its efforts to further reduce infant and child mortality, especially by focusing on preventive measures and treatment, including vaccination uptakes, improved sanitary conditions, greater access to clean drinking water, and the management of communicable diseases and malaria; (d) Increasing its efforts to further reduce maternal mortality throughout the country, including generalisation of specific actions to prevent post-partum bleeding and other major causes of maternal death; (e) Pursuing immunisation efforts, including through improved outreach activities and immunisation of “drop-out” children, and efficient implementation of the full package of integrated interventions in all health districts; (f) Ensuring that all segments of the society are informed, have access to education and support on the use of basic knowledge of child health and nutrition, including the advantages of exclusive breastfeeding for children up to 6 months; (g) Seek technical cooperation from UNICEF and WHO. (Paragraphs 55 and 56) UN Special Rapporteur on the Right to Food Hunger and malnutrition have severe effects on both physical and mental health. According to UNICEF, more than 90 million children suffer from an acute stage of malnutrition , and most of them are born underweight. Undernourishment in the womb condemns these children to a life of stunted mental and physical development, a life in which they will not be able to concentrate even if they can go to school, a life in which they are condemned to be the poorest of the poor even when they become adults. Régis Debray has called these children "crucified at birth". More than 400 million children also do not have access to clean drinking water, leaving them so vulnerable to water-borne disease, that many do not live to see their fifth birthday. Many girls never get to go to school because the are forced to spend the whole day walking long distances to collect water for their families. (Paragraph 5) In Africa today, the situation is terrifying. During 2005, famine and food crises hit Niger, the Sudan, Somalia, Chad, Zimbabwe, Mauritania and Ethiopia, which all suffered from critical food emergencies as the rains failed and locust swarms destroyed crops, exacerbating the political and economic causes of hunger. Mali and Burkina Faso were also badly affected. At the time of writing this report, the Special Rapporteur received reports of a growing crisis in the Horn of Africa pushing millions of people to the brink of starvation. At least 11 million people in Somalia, Kenya, Djibouti and Ethiopia are in urgent need of food and assistance. UNICEF has warned that the lives of at least 1.2 million children under the age of 5 are in danger of malnutrition and disease. With the World Food Programme (WFP) issuing warnings of the worst drought to hit the region in a decade, humanitarian disaster is imminent in the pastoral regions of northern and eastern Kenya, yet no food aid is arriving. In the face of so much urgent need, it is clear that the permanent Global Emergency Fund, proposed by the United Nations, must be fully implemented and supported by all United Nations Member States to allow a rapid, effective response to food emergencies. (Paragraph 6) Famine and food crises are not inevitable. In Africa, a new study by the well-respected International Food Policy Research Institute (IFPRI) has shown that chronic food insecurity in Africa has been increasing since 1970, with the number of malnourished people in sub-Saharan Africa soaring from 88 million to 200 million in 1999-2001. Chronic food insecurity means that as soon as drought strikes, it can quickly turn into catastrophic famine. Yet the IFPRI study shows that hunger could be reduced by investing in development and reducing dependence on rain-fed agriculture. Investments in simple water-harvesting technologies, agricultural extension, education and HIV/AIDS prevention and treatment would dramatically reduce the percentage of malnourished children in Africa. This would put African countries on course to meeting the Millennium Development Goals and help prevent recurrent famine. (Paragraph 8) Every five seconds one child under the age of 5 dies from hunger or malnutrition-related disease. Every four minutes, one person loses his or her eyesight for lack of vitamin A. More than 852 million people do not get enough food each day to sustain a normal life. This is a shame on humanity. It is time to enforce the right to food. (Paragraph 52 k) Niger is a proud country inhabited by some of the greatest civilisations of humanity – the Songhai, the Djerma, the Hausa, the Tuareg, the Peul - courageous and hardworking men and women of great dignity. During his mission however, the Special Rapporteur witnessed the gravity of the situation. Almost one third of the population, around 3.6 million people, including 800,000 children, were facing acute malnutrition, and in some regions vulnerable people, in particular infant children, were already dying from starvation. According to government reports, in July 2005 the food situation was satisfactory in only 19 out of 106 zones; it was critical in all others. During visits to Ouallam and Tondikiwindi, the Special Rapporteur saw evidence of thousands of farmers being reduced to subsisting on seeds, roots and poisonous fruits. He also visited the Saga Emergency Feeding Center operated by the Mother Theresa Sisters on the outskirts of Niamey, where he received reports that undernourished children were dying from hunger every week. (Paragraph 14) The United Nations appeal for funds in May 2005 prompted a limited response from the international community, with contributions of only US$ 3.8 million in July 2005 compared to estimated requirement of US$ 16.2 million to cover basic essential needs. Despite its status as one of the world's poorest countries, Niger receives comparatively little emergency or development aid and investment compared with other countries. Even in normal years, one out of every four children in Niger dies before the age of 5 as a result of hunger or malnutrition-related disease and more than 80 per cent of the population are food insecure (see E/CN.4/2002/58/Add.1). The lack of development and investment in agriculture (even low-cost investment such as rainwater harvesting) has left the people of Niger with few resources in the event of drought. Although the immediate causes of the crisis were drought and locusts, the root causes are the lack of development, withdrawal of the State from agricultural and pastoral extension services (after privatisation) and pervasive chronic food insecurity, which means that any crisis quickly turns into catastrophic famine. (Paragraph 15) The obligation to fulfil (facilitate and provide) means that the Government must take positive actions to identify vulnerable groups and to implement policies to ensure their access to adequate food by facilitating their ability to feed themselves. The obligation to fulfil is a positive obligation, as this means that the Government must actively seek to identify vulnerable groups and implement policies to improve those people's access to adequate food and their ability to feed themselves. That could mean improving employment prospects by introducing an agrarian reform programme for landless groups or promoting alternative employment opportunities. It could also include, for example, free milk programmes in schools in order to improve child nutrition. The further obligation to provide goes beyond the obligation to facilitate, but only comes into effect when people's food security is threatened for reasons beyond their control. As a last resort, direct assistance may have to be provided by means of safety nets such as food voucher schemes or social security provisions to ensure freedom from hunger. The Government would violate that obligation if it let people starve when they were in desperate need and had no way of helping themselves. An appeal by a State for international humanitarian aid, when it is itself unable to guarantee the population's right to food, also comes under this third obligation. States that, through neglect or misplaced national pride, make no such appeal or deliberately delay such appeals are violating their obligation. (Paragraph 24) Country visit: 8 to 12 July 2005 Despite the promise made by Member States to halve hunger in accordance with the Millennium Development Goals, the shocking news is that globally, hunger is continuing to increase. The Food and Agriculture Organisation of the United Nations (FAO), in The State of Food Insecurity in the World 2004, reports that hunger has increased in 2004 to 852 million of people gravely undernourished children, women and men, up by 10 millions since 2003. Although important recent progress has been made in some countries, the overall trend is one of regression, rather than the progressive realisation of the right to food. In fact, it appears that hunger has increased every year since the World Food Summit in 1996. (Paragraph 2) The situation in Africa is particularly disturbing. At the time of writing of the present report, Niger, the Sudan, Somalia, Chad, Zimbabwe, Mauritania and Ethiopia were suffering from critical food emergencies. Mali and Burkina Faso were also affected. A new study by the well-respected International Food Policy Research Institute (IFPRI) found that chronic food insecurity in Africa has increased substantially since 1970, with the number of malnourished people in sub-Saharan Africa soaring from 88 million to 200 million in 1999-2001. The study also concluded that if investments were increased in water-harvesting technologies, agricultural extension, education and HIV/AIDS prevention and treatment, the percentage of malnourished children in Africa could come close to meeting the proposed Millennium Development Goal target by 2015. It is possible to reduce hunger, but only if there is serious investment to address the underlying chronic malnutrition and pervasive poverty. (Paragraph 3) In the view of the Special Rapporteur, it is scandalous that in a world richer than ever before so many people struggle to survive. He calls on the General Assembly to take urgent action to fight famine everywhere, but also to fight chronic, debilitating malnutrition. It is unacceptable that more than five million infant children are killed by malnutrition and related diseases every year,4 but it is also unacceptable that hundreds of millions of children do not eat enough to sustain a normal life, leaving them mentally and physically stunted for the rest of their lives. This is absurd in a world that is entirely capable of eradicating hunger. According to FAO, the planet could produce enough food to provide 2,100 kcals per person per day to 12 billion people, that is, twice the existing world population. Hunger and famine are not inevitable. They are a violation of human rights. (Paragraph 5) The current crisis is the result of both unfavourable economic trends and structural shortcomings. Its immediate causes are the drought and the locust invasion that destroyed many crops in 2004, impeding pasture and cereal production; but its more profound causes are the pervasive food insecurity which heightens vulnerability to food crises. Of a population of 12 million, more than 3.6 million people suffer from chronic malnourishment, with 80 per cent suffering from food insecurity and 61 per cent living in extreme poverty (see E/CN.4/2002/58/Add.1). Even in normal years, one out of four children dies before the age of five. Despite being the second poorest country in the world, Niger receives very little development aid or investment compared to other countries and has few resources to invest in agriculture and irrigation necessary in its arid climate. The Special Rapporteur also believes that the market-based paradigm of development, largely imposed by IMF and the World Bank, has been harmful to food security for the most vulnerable. Cost-recovery policies in health centres, for instance, mean that many poor children are not being treated for malnutrition. During his visit in 2001, the Special Rapporteur also found that the privatisation of Government support services, including the logistics and distribution system OPVN (Office des Produits Vivriers du Niger) and the veterinary services, had limited access to essential extension services, exacerbating food insecurity amongst small- scale farmers and pastoralists (see E/CN.4/2002/58/Add.1). (Paragraph 15) The Special Rapporteur would make the following recommendations: Finally, it is unacceptable that the world, which is richer than ever before, can let five million infant children die every year from malnutrition and related diseases, and that 852 million people do not get enough to eat every day. The right to food is a human right. (Paragraph 55 h) During his mission, the Special Rapporteur witnessed the gravity of the situation. Almost a third of the population, around 3.6 million people, including 800,000 children, were facing acute malnutrition, and in some regions vulnerable people, in particular infant children, were already dying from starvation. According to the Government's surveillance of the hunger situation in July 2005, only 19 out of 106 zones were in a satisfactory food situation, the situation in all other zones being critical or extremely critical. During visits to Ouallam and Tondikiwindi, the Special Rapporteur saw evidence that thousands of farmers were reduced to subsisting on seeds gathered from termite mounds and roots and poisonous fruits called Anza. Most men had left the fields to try to find work and their undernourished wives were too weak to work in the fields, threatening the next harvest of millet that is not due before October, and only then if the rains come. The Special Rapporteur also visited the Saga Emergency Feeding Center operated by the Mother Theresa Sisters on the outskirts of Niamey, where he received reports that undernourished children were dying from hunger every week. (Paragraph 10) The Special Rapporteur met with the President and the Prime Minister, as well as with the directors of the Food Crisis Unit, the Office for Food Production in Niger and the Early Warning System. He found that the Government had already taken action to address the emergency situation, selling food reserve stocks at reasonable prices, promoting the use of grain banks, and providing fodder to farmers. The Special Rapporteur urged the Government to begin free distribution of food aid to vulnerable groups, especially children, pregnant women and elderly people, and to guarantee free access to health units for undernourished children, as cost-recovery policies did not make sense in an extreme emergency. The Government agreed that it would do this as far as possible with its limited resources. The Special Rapporteur found that the role of the United Nations agencies (including UNICEF, FAO, WFP, UNDP, WHO, UNFPA, and the World Bank) and international non-governmental organisations (NGOs) (MSF, Action against Hunger, Oxfam, World Vision, Plan International) was also critical, although their resources were limited. (Paragraph 12) Country visit: 27 August to 3 September 2001 Nonetheless, Niger suffers from chronic food and nutrition insecurity. Food insecurity, hunger and malnutrition are closely linked to poverty, which heightens vulnerability to food crises. The country is a vast and landlocked area of 1.2 million km2. Much of its land is desert or semi-arid; only 3 per cent is totally cultivable. It is the second poorest country in the world, barely above wartorn Sierra Leone in the UNDP Human Development Index, and getting poorer. Of a total population estimated to be around 11 million people, 4.2 million people suffer from chronic malnourishment, 80 per cent suffer from food insecurity and 61 per cent live in grinding poverty. Almost 50 per cent of Niger's children under five are underweight and nearly one out every three children suffers from chronic malnutrition. The mortality rate for children under 5 is 28 per cent, the third highest in the world. This terrible statistic means that one out of every four children dies before the age of 5. (Paragraph 8) Deficiencies in micronutrients, especially vitamin A, iron and iodine, have severe consequences for the growth and potential of Niger's children, women and men. According to a government statistical survey of the nutritional state of the population, malnutrition increased between 1992 and 1998, particularly in the department of Maradi.3 The average vitamin A clinical deficiency rate is 2.6 per cent for each child (much worse than the threshold of 1 per cent recommended by the World Health Organisation (WHO)) and the rate of blindness is 2.2 per cent. Rural areas are more severely affected than urban areas – severe malnutrition in children is twice as high in rural areas. Both health and education also remain challenges - 85 per cent of the population is illiterate and even this figure disguises considerable gender disparity as 92 per cent of women are illiterate compared with 77 per cent of men. There are also gender disparities in access to and rights over food and water for women. In terms of access to water, the Ministry of Water Resources informed the Special Rapporteur that 52 per cent of the urban population and 90 per cent of the rural population do not have access to treated water. (Paragraph 9) Most people are therefore affected by food insecurity, especially in rural areas. Most people experience seasonal hunger during the soudure, the period between June and September before the harvest, after the previous year's harvest has run out and when cereal prices are at their highest. Most people do not receive adequate food, in terms of quantity and quality, on a daily basis, which results in stunted physical and mental development, emaciation and low resistance to diseases, particularly amongst children. Finally, most of the people of Niger are vulnerable to food insecurity which can develop into generalised famine as a result of natural catastrophes, such as drought, which occur frequently. Most people also suffer from nutrition insecurity, given the nutritional deficiencies and the lack of consumption of fruit, vegetables and protein, particularly amongst the poorest. It is the combination of all these kinds of food and nutrition insecurity that results in chronic malnourishment and food insecurity across Niger. (Paragraph 11) _____________________________________________________________________ Inadequate health care, and high rates of infant and child mortality The Committee notes with appreciation the significant efforts of the State party in the field of health notably as regards global acute and chronic malnutrition, under-five mortality and vaccination programmes. However, the Committee expresses concern that while rates of acute and chronic malnutrition and maternal mortality remain at a very high level, the attention paid to those critical issues seems to be underestimated. The Committee is also concerned at the low performance of health services in terms of access, utilisation and quality, and at the traditional or religious beliefs which limit children’s access to health care. The Committee calls upon the State party to increase its efforts to ensure equal access to quality health services by all children, including children living in the most remote areas of the country. Furthermore, the Committee recommends that the State party strengthen its efforts to improve the health situation of children, including through: (a) continuing to mobilise financial and human resources at district levels for an effective implementation of the Healthcare Development Plan with a particular emphasis on the development of primary health care; (b) considering nutrition as a national priority and providing appropriate resources to the implementation of nutrition activities, fully integrating nutrition activities within government health structures and using the relevant international recommendations to fight the underlying causes of malnutrition; (c) Strengthening its efforts to further reduce infant and child mortality, especially by focusing on preventive measures and treatment, including vaccination uptakes, improved sanitary conditions, greater access to clean drinking water, and the management of communicable diseases and malaria; (d) Increasing its efforts to further reduce maternal mortality throughout the country, including generalisation of specific actions to prevent post-partum bleeding and other major causes of maternal death; (Paragraphs 55 and 56) UN Special Rapporteur on the Right to Food Nonetheless, Niger suffers from chronic food and nutrition insecurity. Food insecurity, hunger and malnutrition are closely linked to poverty, which heightens vulnerability to food crises. The country is a vast and landlocked area of 1.2 million km2. Much of its land is desert or semi-arid; only 3 per cent is totally cultivable. It is the second poorest country in the world, barely above wartorn Sierra Leone in the UNDP Human Development Index, and getting poorer. Of a total population estimated to be around 11 million people, 4.2 million people suffer from chronic malnourishment, 80 per cent suffer from food insecurity and 61 per cent live in grinding poverty. Almost 50 per cent of Niger's children under five are underweight and nearly one out every three children suffers from chronic malnutrition. The mortality rate for children under 5 is 28 per cent, the third highest in the world. This terrible statistic means that one out of every four children dies before the age of 5. (Paragraph 8) The fast growth of the population in Niger is also a concern: with a high annual rate of 3.3 per cent, the population increased from 4.8 million in 1975 to approximately 11.2 million in mid-2001. However, in Niger, population growth should be understood within a context of extremely high infant mortality - one out of every four children dies before the age of 5. Moreover, large families are often believed to be one of the best ways of ensuring food security, as it widens the networks of social support and access to resources. However, the increase in population has put further pressure on land and other resources. (Paragraph 59) Universal Periodic Review (February 2011) A - 76.70 Continue to adopt measures in order to reduce effectively maternal mortality rate and child and infant mortality rates (China) (accepted) _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2009) The Committee is also concerned at that the high incidence of early marriages which not only creates serious health risks for girls and risk of infanticide but also prevents them from completing their education. (Paragraph 59) The Committee urges the State party to take immediate measures to prohibit early and forced marriages and organise awareness raising campaigns in partnership with traditional chiefs on the adverse consequences of early pregnancies. (Paragraph 61) UN Special Rapporteur on the Right to Food The Special Rapporteur was particularly concerned to hear about extremely vulnerable women, repudiated by their husbands, who lie hidden in hospices because of a condition called obstetrical fistula (often the result of early marriage and childbirth at an immature age, which compounded with malnutrition, can lead to serious complications, including the loss of control over their bodily functions). The Special Rapporteur did not have the time to look at issues of discrimination against particular groups, ethnic, religious or otherwise, in Niger, but this could also be a source of vulnerability, and he will examine this issue in the future. (Paragraph 14) With poverty and social tensions increasing, the Special Rapporteur also noted a worrying trend towards Islamic fundamentalism. Niger is 95 per cent Muslim and has long been an Islamic country, but the modern form of Islam in Niger has generally been a tolerant one and the State is secular. However, the influence of Islamists is increasing, which the Special Rapporteur believes is having negative effects in terms of, for example, discrimination against women. There are clear tensions between traditional Islamic norms and international human rights standards - this is recognised around the world. Traditional practices such as unilateral repudiation or divorce by the husband, polygamy and child marriage are practised in Niger. However, in many other Muslim countries these practices are disapproved of and legal reforms have been instituted. Given the role of women in ensuring food and nutrition security of the family, any form of discrimination should not be allowed to persist. The Special Rapporteur was encouraged to hear that a law to penalise early marriage is in preparation, and a law criminalising female genital mutilation is now before the Assembly. (Paragraph 61) Universal Periodic Review (February 2011) P - 78.32 Control and stop domestic violence levels, especially towards women and children, through the creation of national protection institutions and revise the reservations to the Convention on the Elimination of All Forms of Discrimination against Women, especially those regarding age of marriage and abolish the practice of domestic violence (Ecuador) (pending) _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2009) The Committee welcomes the significant efforts made by the State party to eradicate female genital mutilation (FGM) through the proclamation of the law n°2003-25 penalising the practices, the awareness raising campaigns organised in partnership with traditional chiefs and the strategies at the community and national levels. Nevertheless, the Committee notes with concern that FGM remains prevalent among Gourmantche women, Pheul women and Arab women while the regions of Tillabery, Diffa and Niamey carry the highest rates. The Committee urges the State party to: (a) Implement and apply legislative and other measures to prohibit traditional practices that are harmful to children, including FGM and ensure that perpetrators of such acts are brought to justice; (b) Continue and strengthen awareness-raising and sensitisation activities for practitioners, families, traditional or religious leaders and the general public in order to encourage change in traditional attitudes; (c) Continue providing practitioners of FGM with adequate training to find alternative sources of income; and (d) Concentrate efforts to eradicate FGM in the regions where those practices remain widespread. UN Special Rapporteur on the Right to Food With poverty and social tensions increasing, the Special Rapporteur also noted a worrying trend towards Islamic fundamentalism. Niger is 95 per cent Muslim and has long been an Islamic country, but the modern form of Islam in Niger has generally been a tolerant one and the State is secular. However, the influence of Islamists is increasing, which the Special Rapporteur believes is having negative effects in terms of, for example, discrimination against women. There are clear tensions between traditional Islamic norms and international human rights standards - this is recognised around the world. Traditional practices such as unilateral repudiation or divorce by the husband, polygamy and child marriage are practised in Niger. However, in many other Muslim countries these practices are disapproved of and legal reforms have been instituted. Given the role of women in ensuring food and nutrition security of the family, any form of discrimination should not be allowed to persist. The Special Rapporteur was encouraged to hear that a law to penalise early marriage is in preparation, and a law criminalising female genital mutilation is now before the Assembly. (Paragraph 61) Universal Periodic Review (February 2011) A - 76.26 Continue to strengthen awareness-raising and sensitisation activities for practitioners, families, traditional or religious leaders and the general public in order to encourage change in traditional attitudes aiming at effective eradication of female genital mutilation, Wahaya and other harmful practices (Slovenia); (accepted) A - 76.27 Address traditional practices that are against human rights, inter alia female genital mutilation, through more concerted efforts, involving local levels (Norway) (accepted) A - 76.28 Implement and apply legislative as well as other measures that aim at the eradication of harmful tradition practices such as female genital mutilation (Poland) (accepted) A - 76.29 Continue and strengthen awareness-raising activities aimed at eradicating traditional practices that are harmful to children, including female genital mutilation (Italy) (accepted) A - 76.30 Follow-up the Committee on the Rights of the Child’s recommendations relating to the practice of female genital mutilation, and organise awareness raising campaigns in public and in schools (Germany) (accepted) A - 76.31 Take all appropriate measures to ensure an effective implementation of the prohibition of female genital mutilation, especially in terms of prevention, sensitisation, control and legal sanctions (Belgium) (accepted) A - 76.36 Implement the recommendations made by the Committee on the Rights of the Child, especially eradicate traditional practices such as female genital mutilation, sexual exploitation, corporal punishment in children’s education and forced child begging (Ecuador) (accepted) _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2009) The Committee is also concerned that the national law (99-11) on juvenile justice does not cover all cases involving minors and that children aged 16 to 18 who commit crimes together with adults are brought before adults courts and may face the death penalty. 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), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules). In particular the Committee recommends that the State party, while taking into account the Committee’s general comment No. 10 on the administration of juvenile justice (CRC/C/GC/10, 2007): (a) Take immediate steps to halt and abolish by law imposition of death penalty and life sentence for crimes committed by persons under 18; (Paragraphs 80 and 81) Universal Periodic Review (February 2011) A - 76.22 In line with the recommendations from the Committee on the Rights of the Child, take immediate steps to halt and abolish the death penalty and life sentences for crimes committed by persons under 18 (Norway) (accepted) _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2009) 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), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules). In particular the Committee recommends that the State party, while taking into account the Committee’s general comment No. 10 on the administration of juvenile justice (CRC/C/GC/10, 2007): (a) Take immediate steps to halt and abolish by law imposition of death penalty and life sentence for crimes committed by persons under 18; (Paragraph 81) Universal Periodic Review (February 2011) A - 76.22 In line with the recommendations from the Committee on the Rights of the Child, take immediate steps to halt and abolish the death penalty and life sentences for crimes committed by persons under 18 (Norway) (accepted) _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2009) While the Committee welcomes the creation of a national Framework for Coordination of Action to Counter Violence against Women and Children, it regrets that such a framework has not yet led to the formulation of a comprehensive strategy to combat all forms of violence against children. The Committee encourages the State party to prioritise elimination of all forms of violence against children. With reference to the United Nations Study on Violence against Children (A/61/299), the Committee recommends that the State party: (a) Take all necessary measures to implement recommendations of the United Nations Study on violence against children, taking into account the outcome and recommendations of the Regional Consultations for West and Central Africa (held in Bamako, from 23-25 May 2005). In particular, the Committee recommends that the State party pay particular attention to the following recommendations: (i) Prohibit all forms of violence against children (ii) Strengthen national and local commitment and action (iii) Promote non-violent values and awareness-raising (iv) Enhance the capacity of all who work with and for children (v) Ensure accountability and end impunity (b) Use the recommendations of the Study as a tool for action in partnership with civil society and, in particular, with the involvement of children to ensure that all children are protected from all forms of physical, sexual and psychological violence and to gain momentum for concrete and time bound actions to prevent and respond to such violence and abuse; and (c) Seek technical cooperation in this respect from the UN Special Representative of the Secretary General on Violence against Children OHCHR, UNICEF and the World Health organisation (WHO), and other relevant agencies, inter alia, the International Labour Organisation (ILO), the United Nations Educational, Scientific and Cultural Organisation (UNESCO), the United Nations High Commissioner for Refugees (UNHCR), the United Nations Office on Drugs and Crime (UNODC), as well as NGO partners. (Paragraphs 39 and 40) Universal Periodic Review(February 2011) P - 78.32 Control and stop domestic violence levels, especially towards women and children, through the creation of national protection institutions and revise the reservations to the Convention on the Elimination of All Forms of Discrimination against Women, especially those regarding age of marriage and abolish the practice of domestic violence (Ecuador) (pending) _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2009) The Committee is concerned that the provisions against violence and abuse in the Constitution and the Criminal Code are not interpreted as prohibiting corporal punishment in childrearing and that there is no explicit prohibition of corporal punishment in schools and alternative car settings. The Committee is also deeply concerned about all forms of violence inflicted upon children in Koranic schools and their detrimental consequences on children, including physical and mental disability. The Committee draws the attention of the State party to the Committee’s general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment and recommends that it: (a) Explicitly prohibit corporal punishment by law in the family, schools and institutions; and ensure that those laws are and effectively implemented and that legal proceedings are systematically initiated against those responsible of mistreating children. (b) Conduct a comprehensive study to assess the causes, nature and extent of corporal punishment; (c) Introduce public education, awareness-raising and social mobilisation campaigns on the harmful effects of corporal punishment with a view to changing the general attitude towards this practice and promote positive, non-violent, participatory forms of child-rearing and education; (d) Ensure that an educational programme be undertaken against corporal punishment, insisting both on the child rights and psychological aspects; (e) Ensure recovery and social reintegration of victims of corporal punishment; (f) Take appropriate measures to address ill-treatment of children in Islamic Schools and prosecute perpetrators in accordance with the criminal law. (Paragraphs 37 and 38) Universal Periodic Review (February 2011) A - 76.36 Implement the recommendations made by the Committee on the Rights of the Child, especially eradicate traditional practices such as female genital mutilation, sexual exploitation, corporal punishment in children’s education and forced child begging (Ecuador) (accepted) _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2009) The Committee notes with appreciation the drafting of a bill criminalising trafficking, the adoption of National Plan of Action to Combat Child Trafficking as well as the State party’s participation in the 2005 Multilateral Cooperation Agreement to Combat Trafficking in Persons and the Joint Plan of Action against Trafficking in Persons, Especially Women and Children, in West and Central African Regions. However, its is seriously concerned that despite the extent of child trafficking within, from and to the State party, the existence of the phenomena is not fully recognised in the State party. The Committee is also concerned at the lack of coordination between the ministries on this issue and at the lack of resources provided to the victim shelter created in 2006. The Committee recommends that the State party: a) promptly adopt a law penalising child trafficking, ensure proper investigation in cases of child trafficking and prosecute and punish the perpetrators; b) accelerate the process of adoption of the Action Plan against Child Trafficking and provide the Commission for the elaboration of the Plan the necessary resources to carry out its role with efficiency; c) increase awareness-raising measures to prevent and eliminate trafficking in women and children, in particular by supporting the current efforts undertaken by NGOs and strengthen the alert committees created at local levels; d) sign agreements to combat transnational child trafficking with the neighbouring countries and; e) Provide further resources to support sheltering and physical and psychological recovery of all children, victims of sale or trafficking. (Paragraphs 76 and 77) Universal Periodic Review (February 2011) A - 76.34 Develop and strengthen appropriate legislative measures to address the issues of trafficking, sexual abuse and sexual exploitation of children and take measures to ensure prompt prosecution of perpetrators of sexual offences against children (Malaysia) (accepted) A - 76.51 Strengthen the existing measures to combat child trafficking, forced labour, begging and sexual exploitations of children, including migrant children (Switzerland) (accepted) _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2009) The Committee is concerned that 74% of children under 15 years work, many of them in hazardous conditions in mines and quarries which may expose them to mercury; and crushing and hoisting ore. The Committee notes with concern the lack of updated information in the State party’s report on the initiatives to combat child labour, the weak implication of the authorities as well as the very limited resources devoted to the fight against child economic exploitation. The Committee therefore reiterates its previous recommendation (CRC/C/15/Add.179 para 65) that the State party: (a) Adopt and implement a national plan of action to prevent and combat child labour; (b) Provide adequate human and other resources and training to the labour inspectorate and other law enforcement agencies in order to strengthen further their capacity to monitor effectively the implementation of child labour legislation and relevant ILO Conventions; (c) Eliminate the worst forms of child labour, and raise awareness among the population on this issue, involving traditional leaders; (d) Seek innovative approaches, such as alternative education or non-formal education, to give educational opportunities to children who are older and have to work; (e) Seek assistance from ILO. (Paragraphs 74 and 75) Universal Periodic Review (February 2011) A - 76.51 Strengthen the existing measures to combat child trafficking, forced labour, begging and sexual exploitations of children, including migrant children (Switzerland) (accepted) A - 76.52 Pass and implement legislation aimed specifically at eliminating all forms of child labour (United States of America) (accepted) A - 76.53 Adopt and implement a national plan of action to prevent and combat child labour (Poland) (accepted) _____________________________________________________________________ Sexual exploitation and abuse of children UN Committee on the Rights of the Child (Concluding Observations, June 2009) The Committee notes the elaboration of a Plan of Action against child sexual violence. However, the Committee is concerned at the increasing number in the State party of child victims of sexual exploitation. The Committee is also deeply concerned at the practice called The Wahaya by which rich people or eminent personalities, as well as chiefs and important Marabouts buy young girls to serve as their concubines which seems to be widely socially accepted. The Committee recommends that the State party: (a) Develop and strengthen appropriate legislative measures to address the issues of sexual abuse and sexual exploitation; (b) Take appropriate measures to ensure the prompt prosecution of perpetrators of sexual offences against children and; (d) Continue to implement appropriate policies and programmes for prevention, recovery and social reintegration of child victims, in accordance with the outcomes of the 1st, 2nd and 3rd World Congresses against Sexual Exploitation of Children of 1996, 2001 and 2008 as well as the outcome of other international conferences on this issue. (Paragraphs 78 and 79) Universal Periodic Review (February 2011) A - 76.34 Develop and strengthen appropriate legislative measures to address the issues of trafficking, sexual abuse and sexual exploitation of children and take measures to ensure prompt prosecution of perpetrators of sexual offences against children (Malaysia) (accepted) A - 76.35 Reinforce legislative measures to combat sexual exploitation and sexual abuses, in line with what the Committee on the Rights of the Child recommended (Chile) (accepted) A - 76.36 Implement the recommendations made by the Committee on the Rights of the Child, especially eradicate traditional practices such as female genital mutilation, sexual exploitation, corporal punishment in children’s education and forced child begging (Ecuador) (accepted) A - 76.51 Strengthen the existing measures to combat child trafficking, forced labour, begging and sexual exploitations of children, including migrant children (Switzerland) (accepted) _____________________________________________________________________ Discrimination against girls in access to education UN Committee on the Rights of the Child (Concluding Observations, June 2009) The Committee welcomes all the efforts made by the Government in promoting girls’ education and in particular the awareness-raising campaigns carried out with the support of traditional and religious chiefs in the regions where girl’s enrolment is particularly low. However, the Committee remains concerned at the persistent discrimination which girls suffer in the State party. The Committee reiterates its previous recommendation (CRC/C/15/Add.179) that the State party make greater efforts to ensure that all children within its jurisdiction, enjoy without discrimination, all the rights set out in the Convention, including through public education programmes and the eradication of social misconceptions, in accordance with article 2; and prioritise and target social services for children belonging to the most vulnerable groups. The Committee urges the State party to ensure that the adoption of the Children’s and Family Code will result in the withdrawal of all discriminatory provisions. The Committee also joins its voice to the Committee on the Elimination of Discrimination Against Women (CEDAW/C/NER/CO/2 para. 16) to recommend to the State party to put in place without delay a comprehensive strategy, including clear goals and timetables, to modify or eliminate negative cultural practices and stereotypes that are harmful to and discriminatory against women. (Paragraphs 27 and 28) The Committee commends the major efforts of the State party to expand access to primary education as well as the increase in girl’s access to education, the building of new educational infrastructures in rural areas and the training programmes for teachers. The Committee is however concerned that only half of the children are enrolled in primary education and also notes that compulsory education is up to six years only. The Committee is also concerned at the poor quality of the education system, the high dropout rate, the still weak gender equity in education, the very low adult literacy rate and the limited percentage of children aged 3-5 years benefiting from pre-school education. The Committee recommends that the State party: (a) Improve the quality of education and take all measures to ensure that children complete their schooling by taking concrete action to address the reasons behind non-completion of schooling; (b) Address disparities more effectively by allocating specific budget and long term support targeting the most deprived children, namely girls in especially poor rural areas; (c) Ensure adequate funding of the public education system and that compulsory education is free; (d) Ensure that teachers are well-trained, fully qualified and receive adequate remuneration; (e) Extend compulsory education beyond the 6 years; (f) Increase access to early childhood education, to all regions of the State party; (g) Create and strengthen promotion of vocational education and training for children who have dropped out of primary or secondary schools; (h) Include human rights and child rights in the curricula of schools; (i) Encourage the participation of children at all levels of school life; (j) Take into account its general comment No. 1 (CRC/GC/2001/1) on the aims of education: (Paragraphs 66 and 67) Universal Periodic Review (February 2011) A - 76.71 Give priority to the continuation of efforts to promote the right to education (Saudi Arabia) (accepted) A - 76.72 Implement an awareness-raising campaign for parents aimed at increasing the school enrolment rate of girls (Canada) (accepted) A - 76.73 Ensure the increase of financial resource allocation to the field of public education with a view to improving the quality of education, build an appropriate infrastructure and ensure that compulsory primary education lasts for six years (Ecuador) (accepted) _____________________________________________________________________ Lack of human rights education UN Committee on the Rights of the Child (Concluding Observations, June 2009) The Committee recommends that the State party: (h) Include human rights and child rights in the curricula of schools; (Paragraph 67) UN Committee on the Elimination of Racial Discrimination The State party should also supply detailed information on the teaching, educational, cultural and information activities it is carrying out to prevent and combat all forms of racial discrimination and on the activities of the Association nigérienne pour la défense des droits de l’homme (Niger Association for the Protection of Human Rights). (Paragraph 17). _____________________________________________________________________
Report published: 16 March 2006
Report published: 12 September 2005
Report published: 23 January 2002
UN Committee on the Rights of the Child (Concluding Observations, June 2009)
Country visit: 27 August to 3 September 2001
Report published: 23 January 2002
Country visit: 27 August to 3 September 2001
Report published: 23 January 2002
Country visit: 27 August to 3 September 2001
Report published: 23 January 2002
Last reported: 18 August 1998
Concluding Observations issued: 20 August 1998