UNITED NATIONS Press Release -------------------------------------------------------------------- xxxxxxxxxxCOMMITTEE ON RIGHTS OF CHILD REVIEWS THE INITIAL REPORT OF THE SEYCHELLESxxxxxxxxxx CRC 31st session 23 September 2002 The Committee on the Rights of the Child today considered the initial report of the Seychelles on how that country was complying with the provisions of the Convention on the Rights of the Child. Introducing her country's report, Marie-Ange Hoareau, Principal Secretary at the Ministry of Social Affairs and Labour of the Seychelles, said that the report highlighted the achievements made by the Government and the inconsistencies met in implementing the provisions of the Convention. The Seychelles Programme of Action for children was adopted in June 1995, serving to focus attention on prioritizing child issues; and the Children's Act of 1982 was also undergoing a fairly radical review during this time, with the Convention providing a guiding framework for the process. In a preliminary concluding remark, Committee Expert Awa N'Deye Ouedraogo drew the delegation's attention to the importance of focusing on issues on the preservation of the identity of the child; the problem of single-parent families; and the conditions of the centre for delinquent children. She said that the Government should intervene at an early stage to prevent HIV infection by taking appropriate measures; and added that the authorities should keep an eye on the situation of child labour in the country. Ms. Hoareau was accompanied by Noella Gontier, Director-General for Social Affairs at the Ministry of Social Affairs and Labour; and Marie-Pierre Lloyd, Special Advisor to the Minister of Social Affairs and Labour. The Committee will issue its final concluding observations and recommendations on the report of the Seychelles towards the end of its three-week session on 4 October. The Seychelles is among the 191 States parties to the Convention and as such it is obligated to submit periodic reports to the Committee on the measures taken by the State party to give effect to the provisions of the Convention. When the Committee reconvenes at 10 a.m. on Tuesday, 24 September, it will take up the second periodic report of Sudan contained in document CRC/C/65/Add.17. Report of the Seychelles The initial report of the Seychelles, contained in document CRC/C/3/Add.64, enumerates the measures taken by the State party to give effect to the provisions of the Convention on the Rights of the Child. It says that since independence, the Government has consistently made children a high priority. In 1990, the Government put forward its policy statement on children outlining goals in health, education and improvements in standards of living. The Government recognizes the special needs of children, and will continue through legislation, policy and practice to strive to promote the interests of children in accordance with the articles of the Convention, the report notes. The National Council for Children and other non-governmental agencies are assisting the Government in its efforts to improve the lot of children. The State works in partnership with the voluntary and private sector to provide a range of services in increasing awareness on the need and value of coordinating policies. The report also notes that the Seychelles has received extensive assistance from donor agencies and international organizations in the areas of children's rights and programmes. The United Nations Children's Fund (UNICEF) has been particularly active on issues relating to the implementation of the Convention. UNICEF has played a fundamental role in improving the situation of children in the country, providing technical and financial support for a number of programmes. The United Nations Population Fund (UNFPA) has also been very active and supportive in the area of adolescent reproductive health and family planning services. The report contains remarks and recommendations on the shortcomings arising from the implementation of the provisions of the treaty. Introduction of Report MARIE-ANGE HOAREAU, Principal Secretary at the Ministry of Social Affairs and Labour of the Seychelles, said that the report covered the period between 1990 and 1995. Broad consultations had taken place during its preparation. The report highlighted the achievements made by the Government and the inconsistencies met in implementing the provisions of the Convention on the Rights of the Child. Mrs. Hoareau said that ratification of the Convention did not require a special legislative act. The implementation of the Convention in the Seychelles from 1990 to 1995 should be considered in the context of concurrent legal and policy changes. The Seychelles Programme of Action for children was adopted in June 1995, serving to focus attention on giving priority to children. The Children's Act of 1982 was also undergoing a fairly radical review during this time, with the Convention providing a guiding framework for the process. Experts' Questions on General Measures, Definition of the Child and General Principles The Committee Experts raised questions on the main subjects of the general measures of implementation; definition of the child; and general principles. An Expert said the report was compiled in accordance with the directives of the Committee and it was easy to read. The report had presented some of the areas in which inconsistencies existed in the implementation of the Convention. The report gave a general view on the situation of children in the country and was self-critical. Turning to other issues, she said that the Government had not ratified the Hague conventions, including the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption, and she wanted to know the reasons behind that. She also wanted to know if the provisions of the Convention were invoked before courts in connection with the violation of the rights of children. She asked if the Convention was published in the national gazette besides its translation into national languages. The Expert asked about the various agencies created for the promotion and protection of the rights of children, such as the National Council for Children. How did those agencies coordinate their activities? How did the Government cooperate with non-governmental organizations? On the definition of the child, the Expert said that there was discrimination between girls and boys concerning the age of marriage. Parental consent was required for the marriage of girls between 15 and 18. How widespread were such early marriages? In addition, the age for criminal responsibility was fixed at 12 years; however, it seemed that children under 12 were being detained. The delegation was required to provide more information on the issue. The Seychelles Constitution did not specify the type of discrimination prohibited and it was difficult to know whether all the types of discrimination described under article 2 of the Convention were taken into consideration, the same Expert said. Concerning the girl child, female delinquents were treated more harsher than males; why was that? Another Expert joined the previous speaker in lauding the report, saying that she enjoyed reading it. She asked about the concrete measures taken by the Government to coordinate the various work of international agencies such as UNICEF. What was the function of the Ombudsman? Did it have the competence to investigate cases of violations involving children? The high rate of teenage pregnancy and abortion was of concern; what measures had been taken to change this situation? The traditional practices of the Seychelles' society was to protect children without giving them rights, an Expert said. He asked if the situation had changed since the country ratified the Convention. Response by Delegation In response to the questions raised by Committee Experts, the members of the Seychelles delegation said that the National Council for Children was a non-governmental organization (NGO) advocating for the rights of children. It served as a service provider and an advocate for child rights. It received funds from the Government as part of its annual budget. It worked in coordination with other agencies dealing with child rights. The Council was considered to be semi-autonomous because of its free actions and it did not take any instructions from the Government. No strings were attached to the funds provided to the Council by the Government. The Seychelles was fortunate that not all of its 150 islands were inhabited; only 4 or 5 islands were permanently inhabited, the delegation said. People went to work from one island to another, but children remained on the main islands where most of the population permanently lived. About 88 per cent of the approximately 81,000 people lived in Mahe; 7 per cent in Prasilin and 3 per cent in La Digue. Women had family responsibility and they were the ones who took care of children, the delegation said. Similar to the Caribbean countries, Seychelles' families were marked by "errant fathers", which necessitated mothers to take over the responsibility in the family. As a consequence, the Government had taken measures to strengthen families ties. The Government was in the process of ratifying the Hague conventions and the matter was in the hands of the relevant authorities. The post of the Ombudsman was a constitutional appointment and because of financial difficulties a child's ombudsman was not yet functional, the delegation said. Twelve years was the minimum age for criminal responsibility under the penal code, the delegation said. However, other ages could be taken into consideration in accordance with the nature of the crime. At present, there were two girls under 18 years of age serving prison terms for homicidal crimes. Since the report was established in 1995, a lot of things had happened affecting children, the delegation said. A progress report on the national plan of action on children would soon be established covering the period between 1995 and 2000. Asked if the children's parliament was in place, the delegation said that it was an idea which had emanated from UNICEF, but it had not been carried out yet. Children of foreign parents were not discriminated against in the Seychelles, the delegation said. Tremendous efforts had been carried out by the Government to ensure that girls were not discriminated against, the delegation added. Girls had free access to education, and to that purpose, the Government had been endeavouring to increase awareness on gender equality. Questions by Committee Experts on Civil Rights and Freedoms; Family Environment; and Basic Health The Committee Experts continued to raise questions on the second cluster of issues concerning civil rights and freedoms; family environment and alternative care; and basic health and welfare. An Expert expressed concern on the preservation of the identity of the child, particularly of adopted children and the right of a child born out of wedlock to know his or her father by registering him officially. There was also a possibility of changing the identity of the child following acts of divorce. Children had no right to freedom of association or assembly; why was that? With regard to the protection of the privacy of a child, the report had recognized that there existed a considerable lacunae in the legislation concerning the protection of the privacy of children; what guarantees were provided to children for the protection of their privacy in the family and institutions? Paragraph 74 of the report said that some parents were concerned that recognition of children's rights might lead to the undermining of the role of parents, or to conflicts on deeply held beliefs. What measures had been taken to overcome this problem? Concerning corporal punishment, although the Constitution prohibited acts of torture and other forms of degrading treatment, there was no specific law prohibiting corporal punishment, the Expert noted. Another Expert asked for more elaboration on the assumption of the report that residential care was used as a service of last resort, but might be better than foster homes in meeting the needs of some children. Turing to teenage pregnancy, the Expert said that it was leading to illegal abortions, infection of sexually transmitted diseases and other complications. What had been done to combat such problems? There were also other problems such as lack of encouragement of breast-feeding; Many mothers were not offering their children breast milk. Among other things, child deaths were caused by road accidents and drowning. What measures were taken to prevent such incidents. There was conflicting information on the issue of corporal punishment and the delegation was asked by an Expert to clarify the situation on both legal and practical terms. What was the role of the Child Protection Unit of the Ministry of Social Affairs and Labour? What measures were taken to improve the conditions of day-care services, another Expert asked? Although there were 140 such institutions, there had been dissatisfaction expressed by parents and the children themselves on the way they were run. Country Response In response to questions raised by Committee Experts, the members of the delegation of the Seychelles said that concerning "errant fathers" and the breaking up of families, the Government had taken measures to strengthen family structures. Legislative steps, which made fathers assume their responsibilities, had also been taken by the Government to maintain the family and to protect children. Asked about the functioning of the family court, the delegation said that it was part of the legal system and its decisions could be appealed to the supreme court. The people sitting as judges should have qualifications and experience in family and legal affairs. However, divorce cases were the competence of the higher court. On the question of "social orphans", the delegation said the maintenance of the institution for this category of children was a problem. The children were not receiving a proper psychological and educational orientation. The Government was considering whether or not to close the centre. The closure of the institution might lead to the return of the children and the adolescents to the streets. Many teachers assigned at such institutions abandoned their posts because of the difficulties they faced in dealing with the children. Their lack of expertise had made it difficult to deal with "delinquents" in the centre, which prompted the idea to close it. Asked why incentives were not used to attract teachers and other personnel to work with those young delinquents, the delegation said such measures had been attempted, but since the location of the institution was far away from the centre on another island, persons were reluctant to go and work there. Although the Seychelles had the highest per capita income in Africa, it had nothing to produce except rendering tourist services, the delegation said, adding that it did not have many trained personnel in all fields, including areas of child rights. The country was receiving technical assistance from Cuba, in the field of health, and other assistance from China and Nigeria. It received nothing from the United Nations. Concerning breast-feeding, the delegation said that mothers were encouraged to do so and Government agencies had been explaining the value of breast-feeding. Maternity leave was envisaged to be raised from 40 days to twelve weeks. On the issue of teenage pregnancy, the delegation said that according to the Government report, the rate of fertility had been reduced, thus affecting teenage pregnancy. There was no age limit for preservative methods, and adolescents had access to condoms, pills or other contraceptives. The Government had been in serious consultations with the young people themselves on the use of preservatives in order to establish a clear policy on the issue. In certain areas, access by disabled peoples, including children, to buildings was a problem, the delegation said. The Government had taken measures to gradually resolve the problem by installing mechanisms enabling disabled persons to have access to buildings and other utilities. Special day care centres had also been created; and a transportation system had been provided to transport disabled persons from their homes to the centre; however, recently, since one of the two specialized buses had broken down, there was a temporary problem to bring the disabled persons to the centre. The Seychelles had many broken families and single-parent families were mainly held together by mothers, the delegation said. However, the rate of single-parent families had been reduced. Concerning domestic violence, measures had been take to protect the victims and shelter homes for battered women were maintained. Experts's Questions on Education, Leisure and Cultural Activities, and Special Protection Measures An Expert asked about the rate of absenteeism in schools; participation of pupils in schools affairs; and the teaching of human rights and democracy. She also wanted to know about the situation of sex-tourism and the involvement of children in prostitution, if it existed. Referring to child labour, the Expert also asked about the situation and the extent of the involvement of children in child labour. Another Expert lauded the State party for the high quality of education provided to children, and asked about the rate of drop-outs. She also asked if there was any connection between the break up of families and sex-tourism. The high number of children born out of wedlock was also a concern; did it have any relation to the influx of tourists to the islands? The practice of excluding students from schools was common in the Seychelles, an Expert said. He asked for further information on the issue. Another Expert asked if sex education was provided in schools and whether it was part of the curriculum. Who taught the subject? Were teachers trained for that purpose? Response by Delegation In response to the questions raised by Committee Experts, the delegation said that there were periodic assessments of the educational level of the students in which the place of each student was determined. Students who showed lower results in academic assessments were reoriented to pursue their studies in vocational educational centres. Asked about substance abuse by children, the delegation said that a policy on substance abuse had been drawn up. Special preventive education was provided to teach the danger of substance abuse, and centres had been set up for abusers. The National Council for Children was running centres for sexually abused children and healing therapy was provided for such victims. The number of child abusers was not known because of the non-availability of data on the issue. The Seychelles had recently signed the Optional Protocol to the Convention on the sale of children, child pornography and child prostitution, the delegation said. Children under 18 were not allowed to be involved with any form of sexual tourism or in acts of prostitution. Asked whether child were prosecuted for crimes, the delegation said that children under 14 could be prosecuted for murder under the instruction of the Attorney General. The Seychelles was one of the first countries that had ratified the 1999 International Labour Organization Convention 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. Currently, the number of children employed in various fields was very low. Education was free up to the secondary level, delegation said, adding that pre-university polytechnic studies required parental participation through the payment of fees. The Seychelles had no universities and students wishing to pursue their studies had to go abroad. In conclusion, the members of the delegation said that they had benefited from the Committees advice and they hoped to use it in their future activities concerning the rights of the child. Preliminary Concluding Remarks by a Committee Expert AWA N'DEYE OUEDRAOGO, Committee Expert, said that the State party should continue its efforts in submitting periodic reports to other treaty bodies. The dialogue with the delegation had been fruitful and should be continued. She said that the recommendations put in the report had helped the Committee Experts to better see the difficulties the State encountered in implementing the provisions of the treaty. New phenomenon, such as sex tourism, were being dealt with by the Government. The process of data collection should be continued. More tools and training should be provided to professional personnel to assist them in implementing the rights of the child. Ms. Ouedraogo drew the delegation's attention to the importance of focusing on issues on the preservation of the identity of the child; the problem of single families; and the conditions of the centre for delinquent children. The Expert said that the Government should intervene at an early stage to prevent HIV infection by taking appropriate measures. The Committee had not heard from the delegation about child participation in schools and their involvement in issues concerning them. She concluded by saying that the Government should keep an eye on the situation of child labour in the country. * *** * SITE MAP[1] | SEARCH[2] | INDEX[3] | DOCUMENTS[4] | TREATIES[5] | MEETINGS[6] [7][8]| NEWSROOM[9] | DATABASES[10] *** References from this document *** [orig] charset=us-ascii [1] /map.htm [2] /search.htm [3] /index.htm [4] /html/otherdoc.htm [5] /html/intlinst.htm [6] /html/meeting.htm [7] /html/meeting.htm [8] /huricane/huricane.nsf/6eb37a89cad0ae7d8025660f005cee27/a646\ 6321c23e10068025662e00569454?OpenDocument [9] http://www.unhchr.ch/huricane/huricane.nsf/Newsroom?OpenFrameset [10] /data.htm
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