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11 January 2001
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CRC
26th session
11 January 2001
Afternoon
Calls, in Preliminary Remarks, for Further Revision of Legislation
to Comply with Convention
The Committee on the Rights of the Child completed its review this afternoon of a second periodic report of Ethiopia, with an Expert saying in preliminary remarks that many positive aspects had been registered in the report, including the adoption of the family code, the revision of the penal code, the budgetary increase for the protection and promotion of the rights of children, and the increase of the age limit for marriage.
Speaking on behalf of the Committee, the Expert hoped that the Government would continue its revision of its legislation with a view to complying with the provisions of the Convention. Ethiopia should assess its coordination of non-governmental organizations' activities and its position on corporal punishment. The Government should also take measures against the practise of female genital mutilation which affected the health of girls and it should not be defeated by this harmful tradition. Further, the problem of juvenile justice administration should also be resolved.
Formal, written conclusions and recommendations on the report of Ethiopia will be issued before the Committee adjourns its three-week session on 26 January.
The report was introduced this morning by a six-member Government delegation whose members were on hand throughout the day to answer questions put by the Committee's 10 independent Experts.
Discussion during the afternoon meeting focused on civil rights and liberties, basic health and welfare; education, leisure, and cultural activities; and special protection measures.
Responding to questions, the delegation said, among other things, that
the new revised family code stressed that no child adoption should be carried out if it was detrimental to the child; and adoptions were made legal and formal with strings attached for follow-up processes to see if the adopted child was treated well.
As one of the 191 States parties to the Convention on the Rights of the Child, Ethiopia provide periodic reports to the Committee on the status of the country's children and on efforts to implement the Convention.
The Committee will reconvene at 10 a.m. on Friday, 12 January, to discuss cooperation with other United Nations bodies, specialized agencies and other competent bodies.
Discussion
The delegation of Ethiopia, responding to questions, said that the country's Constitution was clear on that there was no discrimination based on ethnic grounds. In matters of respect for human rights, Ethiopia upheld the international standards set in the instruments which it had ratified. The country was moving from dictatorship to democracy. It was strengthening the institutions which would reinforce this process. The reference made by some Experts concerning detention of journalists and others was of a general nature and did not require a reply. The Government was engaged in redressing past wrongs committed against other ethnic groups which now enjoyed their rights through the exercise of self government.
The human rights commission and the office of the Ombudsman were directly accountable to the national parliament and efforts had been made in the drafting process of the provisions establishing them to make those institutions independent from any influence, the delegation said. The members were free in the exercise of their duties and in taking measures within their mandate.
The best interest of the child was reflected in many aspects of the law, the delegation said. The child was entitled to express views in the process of adoption, divorce and other matters concerning him or her.
The provision of corporal punishment as a form of sanction would be repealed from the criminal code when its revision was completed, the delegation said.
Concerns had been raised by public opinion against unsafe abortions and there were call advocating its legalization, the delegation said. The revision of the penal code would include matters such as abduction, rape and violence in the family.
Incest was strictly forbidden under the criminal law which provided for punishment against such acts, the delegation said. The process of the new revised penal code would also strengthen that position.
Referring to some Committee members' allusion to the situation of human rights in Ethiopia, the delegation said that the situation was improving and there was a general trend that better respect for human rights was prevailing. Institutions working towards the promotion and protection of human rights were being strengthened. The judicial power was redressing human rights violations perpetrated either by individuals or Government officials. During the last decade, many improvements had been made in the field of human rights. Ethiopia used to be a country where the freedom of opinion was not tolerated.
Committee members continued to query the Ethiopian delegation on adoption, adolescent health, and breast-feeding, among other things. An Expert said that as in any other country, Ethiopia might have gone through the bad experience of trafficking in children in the name of adoption. Adoption was not made formal at the national level although cases of legal national adoptions were registered. Since the country had not ratified the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, how did the Government ensure proper adoption of children?
No appropriate health care system was provided for children, the Expert said. Was there a free health care system? What services were provided to women since only 9 per cent of births were attended by a trained person, which was a danger to the mother and the child? Did the Government have a policy to encourage breast-feeding?
Given the high number of orphans whose parents were victims of the AIDS pandemic, what measures had been taken to cope with the increasing number of such categories of children, asked another Expert. What other measures were adopted against the widespread of the AIDS virus in the country?
With regard to education, the number of children enrolled in schools was low; there was a shortage in teaching facilities and in the number of schools; trained teachers were lacking in rural and urban areas; and a process of informal education was taking the place of formal teaching, an Expert said.
Another Expert said that since education was not taken care of by the Government, it might be taken up by foreign investors who provided quality education to the already privileged class. But they might also bring into the country different educational values. What was the position and the policy of the Government on that issue?
AIDS patients were discriminated against in the society, an Expert claimed, asking if that included children with AIDS. Did the Government take action against mother-to-child transmission of HIV/AIDS?
What did the Government do for the large number of infants with no access to pre-school daycare, an Expert asked. The number of women teachers in such centres was high, showing the traditional concept that women should take care of small children. Did the Government envisage to change such attitudes?
Police detention should not exceed 48 hours according to the country's legislation. However children were kept in such situations for lengthy periods, the Expert said. In addition, illegal arrest of refugees without charges and for a long period had been reported, including ill-treatment in the place of detention. Solitary confinement of children was another aspect of ill-treatment, although it was only allowed in certain cases.
Children were used to work as porters, lottery vendors, shoe-shiners, domestic servants and shepherds, among other things, an Expert said. In all State farms, 30 per cent of workers were children aged between 7 and 14. In some of the State farms, 75 per cent of children were forced to work up to 12 hours per day for lesser pay. What measures had the Government taken to protect children and to comply with the relevant International Labour Organization (ILO) conventions to which Ethiopia was a party?
Trafficking in young Ethiopian girls to be used as servants and nannies in Arab countries and even in Italy was widespread, an Expert remarked. Some of those young girls had been abused and exploited in the countries of their destination. What had the Government done to solve the problem? Children as young as 11 years of age had been serving as prostitutes and entertainers.
Responding to oral questions raised by Committee members, the delegation said that the issue of statelessness was invoked during the time when some Eritreans were expelled from the country because of their illegal activities and their threat against national security. However, Ethiopian nationality could be lost only by the act of acquisition of another one.
Ethiopia remained a hospitable country to many thousands of refugees and it was proud to host persons coming to take refuge, the delegation said. The alleged illegal arrest of refugees was not true and had never happened in the past.
Child labour was a problem and the traditional context of labour was a challenge for the time being, the delegation said. There was no official data on the number of children involved in traditional labour, and the Government was attempting to conduct a survey to establish figures in collaboration with the ILO.
The Government of Ethiopia had adopted a new health policy to provide comprehensive care for all its people, the delegation said. In addition, it had trained and increased the capacities of medical personnel to take care of patients, particularly children. Further, steering committees had been created to raise awareness against child prostitution.
With regard to adoptions, the new revised family code stressed that no child adoption should be carried out if it was detrimental to the child, the delegation said. In addition, adoptions were made legal and formal with strings attached for follow-up process to see if the adopted child was treated well.
Children could only be arrested if their court warrants had been issued by police, the delegation said. In certain circumstances, only 48 hours was needed for the suspect to be brought before an investigating judge. However, police could request keeping the suspect up to 14 days to complete investigation; such procedures were rarely used against children.
Preliminary Remarks
On behalf of the Committee, an Expert said that the dialogue had been constructive and fruitful; many positive aspects had been registered in the report, including among other things, the adoption of the family code, the revision of the penal code, the budgetary increase for the protection and promotion of the rights of children, and the increase of the age limit for marriage.
The Expert hoped that the Government would continue its revision of its legislation with a view to complying with the provisions of the Convention. It should assess its coordination of non-governmental organizations' activities and its position on corporal punishment. The Government should also take measures against the practise of female genital mutilation which affected the health of girls and should not be defeated by this harmful tradition. Further, the problem of juvenile justice administration should be resolved.
* *** *
26th session
11 January 2001
Afternoon
Calls, in Preliminary Remarks, for Further Revision of Legislation
to Comply with Convention
The Committee on the Rights of the Child completed its review this afternoon of a second periodic report of Ethiopia, with an Expert saying in preliminary remarks that many positive aspects had been registered in the report, including the adoption of the family code, the revision of the penal code, the budgetary increase for the protection and promotion of the rights of children, and the increase of the age limit for marriage.
Speaking on behalf of the Committee, the Expert hoped that the Government would continue its revision of its legislation with a view to complying with the provisions of the Convention. Ethiopia should assess its coordination of non-governmental organizations' activities and its position on corporal punishment. The Government should also take measures against the practise of female genital mutilation which affected the health of girls and it should not be defeated by this harmful tradition. Further, the problem of juvenile justice administration should also be resolved.
Formal, written conclusions and recommendations on the report of Ethiopia will be issued before the Committee adjourns its three-week session on 26 January.
The report was introduced this morning by a six-member Government delegation whose members were on hand throughout the day to answer questions put by the Committee's 10 independent Experts.
Discussion during the afternoon meeting focused on civil rights and liberties, basic health and welfare; education, leisure, and cultural activities; and special protection measures.
Responding to questions, the delegation said, among other things, that
the new revised family code stressed that no child adoption should be carried out if it was detrimental to the child; and adoptions were made legal and formal with strings attached for follow-up processes to see if the adopted child was treated well.
As one of the 191 States parties to the Convention on the Rights of the Child, Ethiopia provide periodic reports to the Committee on the status of the country's children and on efforts to implement the Convention.
The Committee will reconvene at 10 a.m. on Friday, 12 January, to discuss cooperation with other United Nations bodies, specialized agencies and other competent bodies.
Discussion
The delegation of Ethiopia, responding to questions, said that the country's Constitution was clear on that there was no discrimination based on ethnic grounds. In matters of respect for human rights, Ethiopia upheld the international standards set in the instruments which it had ratified. The country was moving from dictatorship to democracy. It was strengthening the institutions which would reinforce this process. The reference made by some Experts concerning detention of journalists and others was of a general nature and did not require a reply. The Government was engaged in redressing past wrongs committed against other ethnic groups which now enjoyed their rights through the exercise of self government.
The human rights commission and the office of the Ombudsman were directly accountable to the national parliament and efforts had been made in the drafting process of the provisions establishing them to make those institutions independent from any influence, the delegation said. The members were free in the exercise of their duties and in taking measures within their mandate.
The best interest of the child was reflected in many aspects of the law, the delegation said. The child was entitled to express views in the process of adoption, divorce and other matters concerning him or her.
The provision of corporal punishment as a form of sanction would be repealed from the criminal code when its revision was completed, the delegation said.
Concerns had been raised by public opinion against unsafe abortions and there were call advocating its legalization, the delegation said. The revision of the penal code would include matters such as abduction, rape and violence in the family.
Incest was strictly forbidden under the criminal law which provided for punishment against such acts, the delegation said. The process of the new revised penal code would also strengthen that position.
Referring to some Committee members' allusion to the situation of human rights in Ethiopia, the delegation said that the situation was improving and there was a general trend that better respect for human rights was prevailing. Institutions working towards the promotion and protection of human rights were being strengthened. The judicial power was redressing human rights violations perpetrated either by individuals or Government officials. During the last decade, many improvements had been made in the field of human rights. Ethiopia used to be a country where the freedom of opinion was not tolerated.
Committee members continued to query the Ethiopian delegation on adoption, adolescent health, and breast-feeding, among other things. An Expert said that as in any other country, Ethiopia might have gone through the bad experience of trafficking in children in the name of adoption. Adoption was not made formal at the national level although cases of legal national adoptions were registered. Since the country had not ratified the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, how did the Government ensure proper adoption of children?
No appropriate health care system was provided for children, the Expert said. Was there a free health care system? What services were provided to women since only 9 per cent of births were attended by a trained person, which was a danger to the mother and the child? Did the Government have a policy to encourage breast-feeding?
Given the high number of orphans whose parents were victims of the AIDS pandemic, what measures had been taken to cope with the increasing number of such categories of children, asked another Expert. What other measures were adopted against the widespread of the AIDS virus in the country?
With regard to education, the number of children enrolled in schools was low; there was a shortage in teaching facilities and in the number of schools; trained teachers were lacking in rural and urban areas; and a process of informal education was taking the place of formal teaching, an Expert said.
Another Expert said that since education was not taken care of by the Government, it might be taken up by foreign investors who provided quality education to the already privileged class. But they might also bring into the country different educational values. What was the position and the policy of the Government on that issue?
AIDS patients were discriminated against in the society, an Expert claimed, asking if that included children with AIDS. Did the Government take action against mother-to-child transmission of HIV/AIDS?
What did the Government do for the large number of infants with no access to pre-school daycare, an Expert asked. The number of women teachers in such centres was high, showing the traditional concept that women should take care of small children. Did the Government envisage to change such attitudes?
Police detention should not exceed 48 hours according to the country's legislation. However children were kept in such situations for lengthy periods, the Expert said. In addition, illegal arrest of refugees without charges and for a long period had been reported, including ill-treatment in the place of detention. Solitary confinement of children was another aspect of ill-treatment, although it was only allowed in certain cases.
Children were used to work as porters, lottery vendors, shoe-shiners, domestic servants and shepherds, among other things, an Expert said. In all State farms, 30 per cent of workers were children aged between 7 and 14. In some of the State farms, 75 per cent of children were forced to work up to 12 hours per day for lesser pay. What measures had the Government taken to protect children and to comply with the relevant International Labour Organization (ILO) conventions to which Ethiopia was a party?
Trafficking in young Ethiopian girls to be used as servants and nannies in Arab countries and even in Italy was widespread, an Expert remarked. Some of those young girls had been abused and exploited in the countries of their destination. What had the Government done to solve the problem? Children as young as 11 years of age had been serving as prostitutes and entertainers.
Responding to oral questions raised by Committee members, the delegation said that the issue of statelessness was invoked during the time when some Eritreans were expelled from the country because of their illegal activities and their threat against national security. However, Ethiopian nationality could be lost only by the act of acquisition of another one.
Ethiopia remained a hospitable country to many thousands of refugees and it was proud to host persons coming to take refuge, the delegation said. The alleged illegal arrest of refugees was not true and had never happened in the past.
Child labour was a problem and the traditional context of labour was a challenge for the time being, the delegation said. There was no official data on the number of children involved in traditional labour, and the Government was attempting to conduct a survey to establish figures in collaboration with the ILO.
The Government of Ethiopia had adopted a new health policy to provide comprehensive care for all its people, the delegation said. In addition, it had trained and increased the capacities of medical personnel to take care of patients, particularly children. Further, steering committees had been created to raise awareness against child prostitution.
With regard to adoptions, the new revised family code stressed that no child adoption should be carried out if it was detrimental to the child, the delegation said. In addition, adoptions were made legal and formal with strings attached for follow-up process to see if the adopted child was treated well.
Children could only be arrested if their court warrants had been issued by police, the delegation said. In certain circumstances, only 48 hours was needed for the suspect to be brought before an investigating judge. However, police could request keeping the suspect up to 14 days to complete investigation; such procedures were rarely used against children.
Preliminary Remarks
On behalf of the Committee, an Expert said that the dialogue had been constructive and fruitful; many positive aspects had been registered in the report, including among other things, the adoption of the family code, the revision of the penal code, the budgetary increase for the protection and promotion of the rights of children, and the increase of the age limit for marriage.
The Expert hoped that the Government would continue its revision of its legislation with a view to complying with the provisions of the Convention. It should assess its coordination of non-governmental organizations' activities and its position on corporal punishment. The Government should also take measures against the practise of female genital mutilation which affected the health of girls and should not be defeated by this harmful tradition. Further, the problem of juvenile justice administration should be resolved.
* *** *