UNITED NATIONS Press Release -------------------------------------------------------------------- xxxxxxxxxxCOMMITTEE ON RIGHTS OF CHILD CONSIDERS SECOND PERIODIC REPORT OF RWANDA xxxxxxxxxx Committee on the Rights of the Child 21 May 2004 The Committee on the Rights of the Child today considered the second periodic report of Rwanda on that country's efforts to implement the provisions of the Convention on the Rights of the Child. Introducing the report, Valerie Nyirahabineza, Minister of Gender and the Promotion of Family of Rwanda, noted that in Rwanda there were many categories of vulnerable children including refugee children, children affected by the armed conflict, orphans and child-headed households. The Government's Centre for Non-accompanied Children believed that all children should enjoy all fundamental rights and freedoms and that they should live in an environment where this was respected and upheld. Among other things, the Minister referred to the genocide of 1994 as the root of several problems which persisted today in her country. Given these problems, the State party was still faced with many challenges with respect to the implementation of the rights of the child, yet the Government had taken many steps to meet its responsibilities in that regard. Committee Experts raised questions concerning the effects of the genocide on children; poverty; child labour; orphans; domestic and sexual violence; children with disabilities; the judicial system in Rwanda; education and health, among other things. In preliminary remarks, Committee Expert Awa N'Deye Ouedraogo, who served as country Co-Rapporteur to the report of Rwanda, said the Committee noted the various efforts made by the Government of Rwanda for the well-being of children and expressed the Committee's hope that children were among the priorities when the Government devised new national plans. She noted, among other things, two important points that were discussed in the course of the day - that one has to heal the wounds of the tragedy of the genocide and the need to work for the sustainable development of the country. The Committee will release its formal, written concluding observations and recommendations on the report of Rwanda at the end of its three-week session which will conclude on 4 June. Rwanda sent a four-person high-level delegation representing the Ministry of Gender and the Promotion of Family and the National Police Commission to answer the Committee's questions over two meetings. As one of the 192 States parties to the Convention, Rwanda is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. When the Committee meets at 10 a.m. on Monday, 24 May, it is scheduled to take up the initial report of Sao Tome and Principe (CRC/C/8/Add.49). Report of Rwanda The second periodic report of Rwanda (CRC/C/70/Add.22) indicates that in the context of the war and genocide of 1994, several hundred thousand Rwandan children lost their parents or were separated from them. Almost all children went through traumatic experiences during the war, some of them being themselves either injured or threatened, or else forced or trained to kill and torture. Women and young girls were raped, leading to trauma, unwanted pregnancies, exposure to sexually transmitted diseases and to HIV/AIDS, while others were participants in the genocide and massacres. Because of the troubles which were prevalent in the country at the time, and especially the genocide of 1994, the Rwandan Government was unable to prepare a report in accordance with the Committee's recommendations. The Government of National Unity established on 19 July 1994 had to face many challenges after the genocide. In preparation for the report, many workshops and seminars were held in the past five years including the participation of children and in 1998 the Parliament organized a debate between children and deputies on the rights of the child. The various workshops and conferences have shown that the current system for implementing the Convention needs to be strengthened and made more effective. In order to create favourable conditions for implementing the Convention on the Rights of the Child, the Rwandan Government has since October 1997 set up an ad hoc structure responsible for all issues relating to children: the National Programme for Children. Moreover, the National Youth Council was formed in 1998. As an organization of civil society, it is intended to defend the specific interests of young people. The Government has developed a family tracing and reunification programme. According to a study carried out by MINALOC, UNICEF and Save the Children, which quotes ICRC, 67,119 children were reunited with their families in May 2000, and 3,658 were spontaneously reintegrated into foster families. As of 30 June 2001, Rwanda had a population of 31,380 refugees, including 30,857 Congolese and 527 Burundians. More than 40 per cent of these refugees are under the age of 18. The Rwandan Government is cooperating closely with United Nations bodies, in this case the Office of the High Commissioner for Refugees and UNICEF, and with non-governmental organizations in order to meet their needs, to the extent of its resources. Refugee children enjoy the same rights as Rwandan children with respect to health, education and nutritional assistance. Introductory Statement VALERIE NYIRAHABINEZA, Minister of Gender and the Promotion of the Family of Rwanda, highlighted the various achievements made by the Government with respect to the rights of the child. She recalled that 51.9 per cent of the population of Rwanda was composed of children. There was a national policy for orphans which contained strategies and measures to respond to the large problem of orphans in Rwanda. There were many categories of vulnerable children including refugee children, children affected by the armed conflict, orphans, and child-headed households. The Government had been fighting to assist child-headed households by providing them with support such as food assistance and several other social benefits. The Government's Centre for Non-accompanied Children was established with the concept "Child equals Family" in mind. The Centre supported the Government policy that all children should enjoy all fundamental rights and freedoms and that they should live in an environment where this was respected and upheld. In order to ensure that street children were able to lead a healthy life, they were often placed in rehabilitation centres with the hope that they would be provided with a better social upbringing. Children in conflict with the law were brought before a juvenile court judge and were separated from the adult prison population in the event that they were given a sentence. Children who were not criminally responsible were placed in centres. Moreover, children who were involved in armed conflict often took part in a programme set up by the Government to assist them and to reintegrate them into society. One such centre was the Gitagata Centre where 273 ex-combatant minors had entered and all but one had been released after having been rehabilitated. A follow-up and assistance programme for these children had also been created in the National Programme for Reintegration. The policy of this programme placed accent on promotion of access to education. Ms. Nyirahabineza underlined the adoption of the new Constitution in May 2003 which attached great importance to the Convention on the Rights of the Child. Mention was also made of the National Council for Women, which played a role in educating young girls, and the National Programme for the Child which was set up to coordinate all activities concerning children. Moreover, there was a unit for the protection of the children in the police force which helped to settle domestic conflicts, among other things. Apart from these institutions, different activities were carried out by the Government for the promotion and protection of Rwandan children. The Minister drew attention to the National Summit for Children of the Genocide, which took place on 29 and 30 April this year and was organized by the National Commission for Reconciliation, the Ministry of Gender and the Promotion of the Family, the Ministry of Education, the Ministry of Local Administration and UNICEF. The Summit provided an opportunity for children to take part in decision-making and addressed such issues as overall care for vulnerable children, combating HIV/AIDS and strengthening action for children, among other things. In conclusion, Ms. Nyirahabineza said that in Rwanda, the child was the centre of interest and had a strong message to convey and a role to play. The tragic events of the genocide were the root of several problems which persisted today. There were still many challenges with respect to the implementation of the rights of the child, yet the Government had taken many steps to meet its responsibilities in that regard. Questions Raised by Committee Experts LUCY SMITH, the Committee Expert who served as country Rapporteur to the report of Rwanda, recalled that Rwanda was a country of over 9 million inhabitants which became known to the world in 1994 as a result of the genocide, which had affected the social and political landscape of the State party. Rwanda had made tremendous progress since 1994. The new Constitution highlighted the importance of fighting the ramifications of the genocide and promoting equality for all. The Rapporteur welcomed the provisions in the Constitution specifically addressing the needs of the child. In spite of progress made, Rwanda still had many problems to overcome in terms of agricultural development, poverty, limited employment opportunities and environmental degradation, among others. Moreover, a large number of children had been deprived from a family life as a result of the events of 1994; there were over one million orphans as a result of the genocide, she recalled. Although the new Constitution reaffirmed the main points of the Convention, the Rapporteur noted that the principle of the best interest of the child was not expressly mentioned in the Constitution. In 2001, Rwanda adopted a law on the Rights of the Child which served as the cornerstone for legislation for children in the State party. There was also a lack of information about the Children's Code and the Rapporteur called for more information in that regard and for more information about the implementation of legislation in general concerning children and whether children's issues remained solely within the mandate of the Ministry of Gender and Family. The Rapporteur asked for information concerning the coordination of all programmes on children. Specifically, she asked for clarification on the minimum ages for labour and marriage and for information concerning the right of the child to be heard in decision-making regarding their own cases involving custody matters and criminal cases, among other issues. Another Committee Expert asked about the status of the National Council for Youth and for information on how it functioned. Information was also sought on the budget, particularly with regard to social services provided for young people. The Expert also asked for the progress made in the State's decentralization efforts and with its strategies to combat poverty, given more than 60 per cent of its population lived in poverty. Concerning the Parliamentary Assembly for Children, the Expert asked how children were elected and how frequently meetings were held. Another Expert asked specifically what the State party's priority areas were with regard to the rights of the child. A question was asked about the State policy calling on all children under 15 to carry an identity card and whether that policy was applied. Another question was about the capacity of the State to enrol children under 18 in schools. The Expert also asked for information about the penalties applied in cases of sexual assault and for drug use, in particular. What programmes were in place for disabled children, in terms of awareness raising and training, and steps taken specifically for the protection of women and girls. Other Committee Experts asked for information concerning the structure of the legal system, in general; the minimum age a child may consult a doctor; staff training in terms of psychological trauma; and whether judges in Rwanda based their actions on the Convention when handing down sentences and/or handling cases on children. In particular, an Expert asked what the status of the Children's Code was and whether special training was provided for judges who were involved with children's cases. A Member of the Committee asked what message was being sent out by the Government in general about the genocide and how it viewed this event in terms of the Convention. Another Expert asked the delegation to provide more detailed information on orphans. Response by the Delegation of Rwanda In response to questions on justice, the delegation said that given the drastic events which took place in Rwanda, not only the social fabric of the country had been destroyed but also the judicial system. Since then, there had been revisions in the system. The process of harmonization of all existing legislation with the Constitution was a priority. The National Legal Reform Commission was created to address this issue and the National Commission for Human Rights heard complaints on violations of human rights as per its terms of reference. Regarding the Gacaca system, the speaker noted that this was a process that had been welcome in Rwanda and had been set up as a result of a shortage of courts to handle the cases of genocide. There were some 120,000 people who were charged with genocide who had not yet been put on trial. It was not just a mater of putting these people on trial but there was also a need to focus on reconciliation. Through the Gacaca process the person must admit their guilt as a means of reconciliation. Concerning a question asked by an Expert on how many minors were in prison awaiting trial for participation in genocide, the delegation said a measure had been taken by the President allowing for the release of minors from prison. Recalling a question on decentralization, the delegation said it was up to those in local communities to give their consultations in order to develop the justice system. The process has been a huge success in the country. Children had been consulted in efforts aimed to assist them, for example in terms of poverty reduction, and several steps had been taken by civil society to eliminate poverty. Privatization had helped improve profits compared to what was earned in the past. Before, there had been a concern for providing basic social services, particularly for people under the poverty line. With the privatization process, those people now had more access to jobs and had contributed to increasing the standard of living in Rwanda as a whole. The delegation noted that the Ministry of Gender and the Promotion of the Family was the focal point for children's issues in that it coordinated all related activities. There were some 1.4 million orphans in Rwanda. Concerning the Child Code, the delegation said the Code was in the process of being developed and was in the hands of a special committee entrusted with looking after children's matters which involved members of several Ministries, as well as UNICEF and the International Committee of the Red Cross. The Government was producing a draft law which would serve as a guidance for placing children in centres for unaccompanied children. There was another law being worked on concerning host families. A number of families had stepped forward to take in unaccompanied children so they could enjoy a family life; this followed an awareness campaign which was instituted by the Government to assist orphaned children as a result of the genocide. The delegation said that the Rwandan Government was taking steps to ratify the Hague Convention on Intercountry Adoption but before doing so it would first adapt its existing laws on adoption so they were more compatible. Last week, on the occasion of Family Day, the Ministry of Gender had carried out public information campaigns targeting mothers and fathers about the importance of the family unit and providing welfare for children, the delegation said. Reacting to a question about the best interests of the child, the delegation said there were national provisions and legal instruments which did take into account the best interests of the child and referred the Committee to articles 27 and 28 of the new Constitution, in particular which expounded these concerns. On a question related to corporal punishment, the delegation stated that this practice was strictly prohibited in Rwanda. On a similar note, an Expert asked if the Government had any system in practice that did away with institutional violence perpetrated against children to which the delegation responded by saying all such cases were brought before the police. Moreover, the Ministry of Gender had been carrying out training workshops for members of the police force to help them understand their role and conduct to avoid human rights violations, particularly children's rights. So far, the results of this training and the relationship with the police has been satisfactory. The delegation said that in order to deal with the cases of children who were raped during the genocide, the Government had been working in close cooperation with non-governmental organizations; there was at least one counsellor at each hospital in-country to address such cases. Due to a lack of funding, there was still a shortfall of resources to deal with the fallout of the genocide, which was still evident today in Rwanda. Concerning nationality, in the past it was not possible for a child to have the nationality of the mother. Today, a child had the right to dual nationality or could chose the nationality of the mother, according to the new Constitution. The delegation stated that all official documents - passports, national identification cards, drivers' licenses, and student identity cards, among others - did not contain any reference to an ethnic group. In Rwanda, all ethnic groups were integrated in society and the President had appealed to the people to ensure there was a policy of solidarity and that there should be no specific activities exclusively for one ethnic group; problems and achievements were shared among ethnicities - including the Batua, Hutu and Tutsi. Concerning children who were the heads of households, the Government had set up several projects to deal with this situation. For these children, the Government had created a "catch-up" at school programme on the basis of the right to education; resources and means of healthcare had also been provided by the Government. Moreover, thought had been given to setting up small activities to generate income for these children and in turn for their households. To guarantee that children had a healthy lifestyle, women called "aunts", or temporary mothers, who could help manage these households, had been provided. The Government had also been locating accommodations for these child-led families. The delegation mentioned that there was a principle in Rwanda that every child should have access to primary education free of charge; the system had been put in practice following an initiative by the President. Given the economic problems facing Rwanda, free schooling at higher levels was so far unattainable. Children with disabilities were encouraged to go to school with children in good health so as to avoid any discrimination. This practice of non-discrimination was to make sure the disabled felt they were not abandoned by the Government, the delegation added. There was a programme in the Ministry of Education drawn up with the National Human Rights Commission to include in the school curriculum courses on human rights. As for school dropouts, in the past many of these were girls, but now the rates were the same for boys and girls. The explanation was that some parents were forced to take their children out of school given the shortage of food. The Government carried out fund-raising activities and school feeding programmes to benefit school children. Concerning refugees, the delegation said the Government had always made appeals to Rwandans abroad to return home. If they came back they were reunited with their families, if they were children, and their land was granted back to them as long as they registered and did not demand property unduly. To deal with the high rate of infant mortality and the issue of maternal health, the Government had been setting up health partnership programmes and informal insurance schemes to allow maternal mothers to access health care. There were also public awareness campaigns on reproductive health set up by the Government through the Ministry of Health. A Committee Expert recalled that more than 80 per cent of women were delivering babies at home and asked what programmes had been established by the Government to address the needs of pregnant women in general. The delegation said rape was used as an act of aggression during the genocide. An Expert underlined that abortion was prohibited in Rwanda and punishable before the law and there was also a high incidence of young girls giving birth. On the subject of HIV/AIDS, there was a project set up to assist children living with the epidemic by providing schooling and anti-retroviral drugs free of charge, with the help of the international community. However, there was still a major shortage of funds. The Minister used the opportunity to appeal to the international community for more assistance in this regard. An Expert recalled that of the 1.4 million orphans countrywide, there were approximately 265,000 AIDS orphans. The delegation said that in response to the problem of HIV/AIDS, the Government had devised public information campaigns. Children below the age of 14 were not criminally responsible and were not put on trial. If they committed the crime of genocide, they were tried at a chamber for minors which had been set up specifically for those crimes. Preliminary Remarks AWA N'DEYE OUEDRAOGO, the Committee Expert serving as country Co-Rapporteur for the report of Rwanda, said in preliminary remarks that the Committee noted the various efforts made by the Government of Rwanda for the well-being of children and expressed the Committee's hope that children were among the priorities when Rwanda devised new national plans. Concerning the harmonization of legislation related to the Convention on the Rights of the Child, the Committee hoped that the draft Children's Code would cover all areas of the Convention and while noting that there was a single inter-medial structure in place, there was a lack of a follow-up mechanism for implementation of the Convention. In that regard, the Committee recommended that such a mechanism should be put in place. The National Commission on Human Rights also needed to be strengthened in terms of financing and human resources. As for the budget, international cooperation might be one way of dealing with economic shortfalls. The strengthening of cooperation with civil society was needed as well. As for the family, the Committee recommended that Government efforts were continued in this area so as to strengthen the unity of the family. Regarding the centre for abandoned children, the Co-Rapporteur expressed the Committee's view that it preferred not to see children in such centres, but rather to see them with families, and encouraged the Government to take additional steps to reunite families. The Co-Rapporteur added that the Government should have access to less costly or free of charge HIV/AIDS treatment and that, concerning children in conflict with the law, the justice system for minors should be improved. Moreover, the national programme to combat poverty should be strengthened. In conclusion, Ms. Ouedraogo noted two important points that were discussed in the course of the day - that one has to heal the wounds of the tragedy of the genocide and the need to work for the sustainable development of the country. -- The "child-rights" mailing list provides information on issues related to children's human rights. 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