Report on the 39th Session of the
Committee on the Rights of the Child
16 May – 10 June 2005
I. General information
Since 1993, there have been about 300 State party reports prepared for review by the CRC Committee, of which approximately 250 have been considered so far. Many of these are still initial reports; but the proportion of second reports is increasing with each session and a few countries such as Sweden, Bolivia and Yemen for example, are being reviewed for the third time. Less positively, some 12 countries (most of them small Pacific Island States) have never yet presented a report to the Committee though they have been requested to do so on more than one occasion. If the situation continues, the Committee has mentioned its intention to review these countries even without an official government report (probably in 2006). Some 70 States are long overdue in presenting their second periodic report. It is possible in some cases to present together the second and the third report.
From one session to another, the functioning of the Committee remains similar - as described in Part II (Articles 42 – 46) of the Convention , and therefore, the most recent assembly was divided into two parts, the session per se, and the pre-session. Committee members met every day during this period of four weeks, on some occasions in private (to prepare common public statements, write their Concluding Observations, etc.), but on most occasions they met in public sessions. In all, they reviewed 10 countries. They also met NGOs from several of the countries that will be reviewed in September 2005 (session 40).
In February 2005, 9 members of the Committee were re-elected/elected on to the Committee. The new Committee is composed of the following people: Ms. Ghalia Mohd Bin Hamad Al-Thani (Qatar), Ms. Joyce Aluoch (Kenya), Ms. Alison Anderson (Jamaica), Mr. Jacob Egbert Doek (The Netherlands) (Chairperson), Mr. Kamel Filali (Algeria), Ms. Moushira Khattab (Egypt), Mr. Hatem Kotrane (Tunisia), Mr. Lothar Krappmann (Germany), Ms. Yanghee Lee (Republic of Korea), Mr. Norberto Liwski (Argentina), Ms. Maria Rosa Ortiz (Paraguay), Ms. Awa N’Deye Ouedraogo (Burkina Faso), Mr. Brett Parfitt (Canada), Mr. Awich Pollar (Uganda), Mr. Kamal Siddiqui (Bangladesh), Ms. Lucy Smith (Norway), Ms. Nevena Vuckovic-Sahovic (Serbia and Montenegro), Mr. Jean Zermatten (Switzerland). Four of the members attended for the very first time: Mr. Brett Parfitt (Canada), Mr. Awich Pollar (Uganda), Mr. Kamal Siddiqui (Bangladesh), and Mr. Jean Zermatten (Switzerland).
The Committee members’ domains of expertise and cultural backgrounds are various (legal, judiciary, medical, education, social, and other). Several of them are particularly interested in issues related to health and nutrition of infants and young children[1].
1) The Plenary session (16 – 3 May 2005)
During the Plenary session, 10 countries were reviewed: Bosnia & Herzegovina (initial report), Costa Rica (3rd report), Ecuador (2nd report), Mongolia (2nd report), Nepal (2nd report), Nicaragua (2nd report), Norway (3rd report), Philippines (2nd report), St. Lucia (initial report), Yemen (3rd report).
Questions asked by Committee members to the governments followed the usual given order, with issues linked to the child’s right to health, nutrition and more specifically breastfeeding and maternity protection entering into “basic health and welfare”, answered at the beginning of the afternoon. At the end of the session, in its “Concluding Observations”, the Committee made official recommendations to each State party.[2]
Representatives from NGOs and UN organisations attend these meetings but do not intervene; they have numerous occasions to meet informally with Committee members during the session, and to discuss relevant documentation with them, data and country reports on, for example, health and nutrition issues, including breastfeeding. The Committee uses some of this material to formulate its questions to government officials.
During this session, GIFA staff met with several Committee members. Discussions focused specifically on the most recent WHA resolution (May 2005), maternity protection legislation, the General Comment on Early Childhood Development.
The size of government delegations often differs from one country to the other: some are very large, with official delegates from a variety of ministries such as Health, Education, Social Affairs, Gender, Family Affairs, Economy, Labour…; while others are considerably smaller. NGOs attending the sessions usually change daily depending on the country being reviewed.
2) The Pre-session meeting (6 – 10 June 2005)
The Pre-session meetings are not open to the public. During this session, 10 countries were listed, those that will be reviewed in September 2005 (Session 40). They were: Algeria, Australia, China, Denmark, Finland, Russian Federation, Saudi Arabia, Trinidad &Tobago, and Uganda.
The pre-session meetings last 3 hours per country, and participants include representatives from domestic and international NGOs and/or national NGO coalitions that have prepared reports on children’s rights in their country. Government officials are not present as they are not allowed to take part in the pre-session meetings. The Committee questions NGO representatives (who are usually part of the national NGO Coalition working on child's rights) on various issues but most importantly on specific difficult or controversial issues. GIFA encourages IBFAN members to contact the national NGO coalition of their country (if one exists[3]) to take part in the preparation of a coalition report in time for the pre-session. Also, IBFAN-GIFA contacts the relevant IBFAN groups to prepare a short country report focused on the situation of breastfeeding.
GIFA also tries to meet the NGO representatives from abroad during their stay in Geneva. The NGO Group for the CRC Liaison Unit, together with the sub-group on National Coalitions, sets up meetings when advisable and NGOs such as GIFA meet representatives from these NGO Coalitions (see point III).
II. Country Reviews
The following country reports concern the ten countries examined during the Plenary session (16 May – 3 June). Countries have been listed in alphabetical order. IBFAN-GIFA had received reports on the situation of breastfeeding from eight IBFAN national groups and we have indicated this where relevant.
1) Bosnia & Herzegovina (19 May 2005)
This was Bosnia & Herzegovina’s initial report to the Committee. There was an IBFAN report on the state of breastfeeding. The government delegation included 6 members none of whom work in the Ministry of Health. Country rapporteurs were Ms. Alluoch and Ms. Khattab.
Several legislative and other measures have been taken since ratification of the Convention. For example, Ombudsmen at federal and state level, courts specialised in human rights, State and Entity Framework Law on Primary and Secondary Education, Law on the Protection of Rights of Persons belonging to National Minorities, the State and Entities Laws on Amendments of the Law on Refugees from Bosnia & Herzegovina and Displaced Persons, the Rulebook on the Protection of Alien Victims of Trafficking. Moreover there is an Action Plan for Children of Bosnia & Herzegovina: 2002-2010, an Action Plan for Meeting the Educational Needs of Roma and Other National Minorities, a National Strategy for Combating HIV/AIDS, a Council for Children of Bosnia & Herzegovina, a Roma Committee, and a Press Council with code of conduct related to children.
The discussion centred on difficulties children have had in relation to the recent war (1992-1995), including the reconciliation process, children as refugees (420,000 children) and internally displaced persons (250,000 children), number of deaths, missing people, disabled children (mines, national agency), orphans, children having lived in concentration camps, or experienced torture, rape, psychological impairment, the reconciliation process, etc. The political and constitutional organisation of the country was explained, the economic situation, including high level of poverty amongst children was also referred to. Education is free and compulsory as of age 6 (9 years) for all children; however pre-school registration is low (5%) because it is not free; quality of teaching is rather poor; high number of school dropouts. Concerning juvenile justice, there are no punitive measures for children under 14 and only corrective measures between ages 14-16; children are separated from adults in prisons but there are neither special prisons nor special courts for them (though there are special juvenile judges). Discussion also included the NGO sector that has been strengthened in recent years (in his concluding remarks the Ambassador to Bosnia & Herzegovina mentioned that he would like "to thank all volunteers and activists working these past years for children… people working in human rights activities for the benefit of children" and added that there were "many people, governmental and non governmental realising every day the importance of human rights for children."); advocacy concerning child's rights and the convention; birth registration (parents have only 60 days after birth to register); definition of the child; poor allocation of resources for children; lack of data; discrimination (against minorities especially the Roma population in access to school, health, religion); violence in families and schools (awareness-raising campaigns); adoption (different laws applied throughout the country) including children abroad following the war have been adopted; inadequate social centres for children without parental care or in situations of abuse and/or neglect; trafficking of children; special training for government officials working with children, etc.
Among the issues related to health, the Committee was concerned by the low budget reserved for health. In recent years the laws concerning health have been improved, for example, introduction of a new system based on "family doctors" as opposed to the previous structure (primary health care, specialists, hospital care) and universalisation of health care. By law everyone is entitled to free health care but this is expensive and because of lack of resources implementation is problematic: 59% of children and 90% of Roma children seem not to be covered by medical insurance. There is also a lack of infrastructure. Other health-related points mentioned: adolescent health (alcohol abuse), and measures to combat HIV/AIDS,
Regarding issues related directly and indirectly to breastfeeding the discussion focused on the low rate of exclusive breastfeeding and slow progress of BFHI. A question was asked relating to the adoption of a national code of marketing but there was no reply or discussion about this. On the other hand, the government is setting up an information unit for future parents in which breastfeeding promotion has an important role.
The Committee recommendations concern disabilities (paras 44, 45, 46), health access and discrimination (paras 47, 49), infant mortality (paras 48, 49), adolescent health (paras 50-51: alcohol and tobacco consumption) and HIV/AIDS (paras 52-53).
There was a direct recommendation related to breastfeeding, (para 49c and d): “Furthermore, the Committee recommends the State party to strengthen its efforts in improving the health situation of children….through: …c) improving the nutritional status of children; d) promoting exclusive breastfeeding for 6 months after birth with the addition of appropriate infant diet thereafter…”
Suggestions: Breastfeeding advocates can use both the discussion during which the government explained its efforts to inform the population and to educate parents, and this recommendation to improve the nutritional status of children and specifically exclusive breastfeeding rates. It is also important for NGOs to remember the very positive remarks of the Ambassador concerning involvement of NGOs in relation to child's rights..
2) Costa Rica (30 May 2005)
This was the third report of Costa Rica. The country delegation counted 5 people, including a representative from the Ministry of Health. There was an IBFAN report on the situation of breastfeeding in Costa Rica. Ms. Ortiz and Mr. Parfitt were the country rapporteurs.
Legislation and other measures: In recent years Costa Rica has worked on harmonising its laws with the CRC. Moreover new agencies, institutions and ministries have been created, for example, the National Council for Children and Adolescents, the Ministry of Child and Adolescent Welfare, the National Committee for Child Labour; the Office for the Eradication of Child Labour. There have been numerous efforts to coordinate programmes and projects between government, NGOs and international cooperation in relation to children's welfare. The government has developed new policies based on a human rights perspective and it has ratified both Optional Protocols. Several new laws have been drafted (30 in recent years), and are integrated in an overall rights framework – for example, the National System for the Treatment and Prevention of Domestic Violence; the National Plan for the prevention and progressive elimination of child labour and the protection of juvenile workers; the National Plan for Commercial Sexual Exploitation.
Discussion centred on the efforts of the State to take children into consideration: children are a national priority. Costa Rica has been working with NGOs to harmonise legislation and implement provisions of CRC as well as to develop cross-cutting programmes between Ministries. However there still are numerous problems, including discrimination against indigenous people (efforts made to teach children in their language; the informal labour market (children working between 5-17 years of age); children living in poverty (330,000 children live in poverty and extreme poverty); street children; adoption (reform of the law is underway adapting to The Hague Convention on Inter-country adoptions); inequalities and inequities due to discrimination regarding access to resources; sexual exploitation; violence against children and child abuse; education issues (lack of vocational training, high primary education enrolment - 81% of children between 6-17 attend school – but low secondary schooling rates; ); juvenile justice (criminal law applicable to children over 12); insufficient funding; participation of children; corporal punishment (new act in draft), abuse and sexual exploitation (complaints mechanism; hot lines; training of police forces); definition of the child. Juvenile justice was also discussed and the efforts to find other ways than imprisonment for young offenders were explained in detail. The delegation regretted not having had time to speak about gender issues as there are numerous efforts in Costa Rica to encourage equality between men and women.
The discussion related to health included investment in preventive medicine and in reforming access so that all regions, including the most remote areas, have access to medicine; health care teams in all parts of the country; infant centres established everywhere, especially in remote areas, concentrate on nutrition. Mortality rates have much improved (from 10.8%o in 2003 to 9.25%o in 2004); 90% of the population has access to primary health care (up from 40% in 1998); maternal mortality is on the decrease thanks to screening prenatal care (95% of the population); HIV/AIDS programmes now target adolescents; reproductive and sexual education; teenage pregnancies (efforts to reintegrate teenage mothers back into school and reproductive health education); drug addiction especially in populations of street children. Micronutrients, iodine, folic acid and florine have been incorporated into foods or given to specific population groups improving general health; an evaluation will take place in 2006.
Regarding breastfeeding and infant feeding, the government has developed training programmes for mothers on maternal care; there is a breastfeeding committee responsible for promoting breastfeeding and for monitoring industry compliance with the national code of marketing that has been in existence for several years. There is a cross-cutting programme to encourage breastfeeding.
The Committee recommendations related to health: disabilities (paras 39, 40); basic access to health care (paras 41, 42), adolescent health (paras 43, 44). There were none in relation to infant and young child feeding.
Suggestions:Although there was no recommendation on breastfeeding, advocates should pick up on the discussion that was very detailed and lengthy: national code of marketing, breastfeeding promotion policies, breasteeding Committee, gender perspective, daycare centres….
3) Ecuador (23 May 2005)
Ecuador's second and third report were examined in one review. There was an IBFAN report on the state of breastfeeding. The delegation was small and composed of 3 members. Ms. Ortiz and Mr. Zermatten were country rapporteurs.
Legislation and other measures: In 1996 the office of the Ombudsman for women and children was established; in 1998 Ecuador adopted a new constitution which was geared towards children's rights; in 2001, the Child Development Coordination Office was created (coordinating community-based inter-sectoral programmes for children under 5); in 2002, the Council and the Observatory on the Rights of the Child and Young Persons were instituted (goal to improve public policies; offices in all cantons to decentralise implementation of policies); in 2003 Ecuador adopted its Childhood and Adolescent Code followed by a Special Juvenile Justice system under discussion, that is in accordance with the code; the labour code was also being reviewed in accordance with the CRC.
During the discussion the following issues were brought up: the very difficult economic situation and high external debt, as well as the continual political changes; child labour (4,000 children working in mines; right for adolescents to be educated even if they work; efforts towards eradication of child labour; child unions); need for more resources for implementation of the Children's Code; age of marriage and harmonisation with international laws; high rate of suicide; violence and abuse, including sexual abuse in homes as well as in schools; sexual exploitation and pornography are a growing problem; discrimination against indigenous children, girls, poor and refugee children regarding housing, education and health; asylum policy (unaccompanied children and refugees following political unrest in Colombia and natural disasters in 2001 and 2002); disappeared children; children not living with their parents (20% of the child population, in part because of adults emigrating to the US and Europe for economic reasons); education (15% are not enrolled in schools; illiteracy rate is 12%; high dropout rate; low quality teaching); corporal punishment in schools (40% are beaten); poverty (60% of children live in poverty as compared to 45% of adults); social inequality; complaints mechanisms for non compliance with women's and child's rights; juvenile justice (under 12, children are no longer held criminally responsible; training of judges and police; juvenile detention maximum 6 months).