DOCUMENT RESUME

ED 425 811 PS 027 036

AUTHOR Schonveld, Ben; Mejia, FernandoTITLE Rights of the Child in Ethiopia.INSTITUTION World Organisation Against Torture (OMCT), Geneva

(Switzerland).PUB DATE 1997-02-00NOTE 42p.; Report presented to the Committee on the Rights of the

Child (14th Session, Geneva, Switzerland, February 16,1997); for other reports in the Rights of the Child series,see PS 027 031-038. Support provided by the Hans WilsdorfFoundation, the Fondation de France, and the city ofLausanne.

PUB TYPE Reports Evaluative (142)EDRS PRICE MF01/PCO2 Plus Postage.DESCRIPTORS Child Abuse; Child Advocacy; *Child Welfare; Childhood

Needs; Children; *Childrens Rights; Civil RightsLegislation; Compliance (Legal); Foreign Countries;Government Role; Law Enforcement; Safety; Victims of Crime;Well Being

IDENTIFIERS Child Safety; *Ethiopia; Torture; Torture Victims; *UnitedNations Convention on Rights of the Child; Victimization

ABSTRACTThis report to the United Nations Committee on the Rights of

the Child contains observations of the World Organisation Against Torture(0MCT) concerning the application of .1.he U.N. Convention on t:he Rights of theChild by the nation of Ethr'.opia. The report's introduction asserts thatdespite the considerable lip service being paid by Ethiopia's government tochildren's rights, OMCT is concerned that the needs of the Ethiopian childwith regard to gross violations of human rights are being overlooked. Thereport then presents observations and recommendations in the following areas:(1) the age of criminal responsibility; (2) torture, ill treatment, or othercruel or degrading treatment: the absence of protection; (3) draftlegislation concerning torture; (4) current legislation concerning torture;(5) the right to redress; (6) corporal punishment as a punitive measure; (7)

physical chastisement in institutions; (8) general protection from violencefor children; (9) children in conflict with the law; (10) extensivediscretionary powers of arrest; (11) arrest procedure; (12) further specialpowers of detention; (13) pre-trial detention; (14) the right to legalrepresentation; (15) separation from adults in detention; (16) regularmedical examinations; (17) heavy sentencing; and (18) solitary confinement.The report concludes with a summary of observations and recommendations bythe U.N. Committee on the Rights of the Child--Ethiopia, in the followingareas: positive factors, factors and difficulties impeding the implementationof the convention, principal subjects of concern, and suggestions andrecommendations. (EV)

********************************************************************************

Reproductions supplied by EDRS are the best that can be madefrom the original document.

********************************************************************************

(U.S. DEPARTMENT OF EDUCATION

Office of Educational Research and improvementEDUCATIONAL RESOURCES INFORMATION

CENTER (ERIC))14rhis document has been reproduced as

received from the person or organizationoriginating it.

0 Minor changes have been made toimprove reproduction quality.

Points of view or opinions stated in thisdocument do not necessarily representofficial OERI position or policy.

ft

/(

""j 0

_2

0

0

l'i)15 or 14)e Cnild

10PIL. Y LIMI. I_

2fi

Rights of the Child

in ETHIOPIAI IlY Cr'w I _13/V

OPERATING THE SOS-TORTURE NETWORK

3

Confenfs

Introduction 9

The Age of Criminal Responsthdity 11

Torture, Ill treatment or other Cruel or Degrading Treatment 13

Draft Legislation Concerning Torture 14

Current Legislation Concerning Torture 14

The Right to Redress 19

Corporal Punishment as a Punitive Measure 19

Physical Chastisement in Institutions 21

General Protection from Violence for Children 22

Children in Conflict with the Law 23

Extensive Discretionary Powers of Arrest 24

Arrest Procedure 25

Further Special Powers of Detention 27

Pre-Trial Detention 28

The Right to Legal Representation 28

Separation from Adults in Detention. 29

Regular Medical Examinations 31

Heavy Sentencing 31

Solitary Confinement 32

Conclusions 34

Concluding Observations of the Committee 35

5 4

COMMITTEE ON THE RIGHTS OF THE CHILD

_Nth_ Session Greyo, Cebruary 16 1997

/Co\ksi'd'eration,cifhOeliort;ot,the-Goventerirdifhiopici---

,

(>--,/,,,-- i /I

/ ( /Written by:Ben SehonVeld Project's Manager;and FernanClo Mejia

i.,,tegar*dvisorv r ernando MejiaBEST COPY AVAILARE'

1/11t i .. ,

<

t\

Vice Direct_Or, '

The defeat of Ethiopia's former government, the Dergue, in 1991 marked the endof a decade-long history of civil conflict.

A draft Constitution established in 1994 and national elections held in 1995 have suggestedthat the new government is attempting to move toward an Unproved respect for humanrights including the first steps in the very difficult task of attempting to bring tojustice former government officials on charges of genocide and crimes against humanity.

The Ethiopian government report has stated that it is committed to children's humanrights and that its policies and laws are in line with the Convention on the Rights of theChild (CRC).

Despite the considerable lip service beMg paid to children's rights OMCT is concernedthat the needs of the Ethiopian child with regard to gross violations of human rights arebeing overlooked.

Protection of the rights of the child from such violations is rarely addressed inexisting Ethiopian legislation and is, where there is protection, often contradictory. Suchlegal protection that there is, subject to wide interpretation, and rarely implemented.This report will focus on the existing protection offered to children against torture andother forms of inhumane treatment. The OMCT report hopes to outline weaknesses andthe action needed to improve the protection offered to Ethiopian children from thescourge of torture.

The report presented to the Committee by the Ethiopian Government states very clearlyits belief that the current Penal code and other legislation, which will be dealt with inthis report, conform with the CRC, stating in paragraph 20: "The penal code ascriminal legislation adopted in 19.57, provides ample protection for children againstall forms of malicious treatment and exploitation by parent guardians or other mem-bers of society."

It goes further in paragraph 21 stating:

"Thus it is believed that, with certain minor changes, the Major Ethiopian laws... The PenalCode, the Criminal Procedure Code... and the policies incorporated... are quite sufficientto translate the Convention on the rights of the Child".

The aim of this report is to examine these claims.

9 6

The Age of Criminal Responsibility

The focus of this report will be to examinethis all too brief examination of thelegislation and de facto situations and willraise particular concerns with regard toprotecting children from torture andother cruel, inhuman or degradingtreatment or punishment.

The Convention on the Rights of theChild is very clear about the need toestablish a minimum age of penalresponsibility stating in article 40/3/a:"the establishment of a minimum agebelow which children shall be presumednot to have infringed the penal law".

The Beijing Rules state very clearly theneed to set the age of criminal responsi-bility at a reasonable level:

Paragragh 4.1"In those legal systems recognising theconcept of the age of criminal responsi-bility for juveniles, the beginning of thcdage shall not be fixed at too low an agelevel, bearing in mind the facts of emo-tional, mental and intellectual maturity."

11

Paragraph 40 of the government report,discussing the Penal code, lays out thethree ages of responsibility:

Article 52 of the penal code defines theminimum age of criminal responsibilityArt. 52.- infancy: Exoneration fromCriminal Provisions.The provisions of this Code shall notapply to infants not having attainedthe age of nine years. Such infants arenot deemed to be responsible for theiracts under the law.Where an offence is committed by aninfant, appropriate steps may be takenby the family, school or guardianshipauthority.

Article 53 defines the ages of limitedresponsibility as between 9 and 15:Art.53. -Special provisions applicableto young persons.(1) Where an offence is committed by ayoung person between the ages of nineand fifteen the penalties and measuresto be imposed by the Court shall bethose provided in Book II, Chapter IVif this Code (Art. 161.173).

Young persons shall not be subject to theauthority penalties applicable to adultsnor shall they be kept in custody withadult offenders.

Addressed as "young persons" in thePenal Code, are children between theages of 9 and 15 inclusive. For them, thePenal Code provide special punishmentsupon conviction and they are not subjectto the ordinary penalties applicable toadults nor shall they be kept in custodywith adult offenders.

The final group of juveniles aged between15 and 18 are considered to fullyresponsible for their actions and with theexception of the death penalty face fullpenal responsibility.

Article 57 of the penal code states:Art 57.- Principle; Criminal Fault andAccident.(1) If at the time of the offence theoffender was over fifteen but under eigh-teen years of age he shall be tried underthe ordinary provisions of this Code.

In addition to these stipulations, theGovernment report defines a minor inseveral different ways for example in

12

paragraph 35 a minor is defined asunder 18:

35. The Civil Code of 1960 defines theword child as a "minor" of either sex whohas not attained the full age of 18 years.This definition is compatible with thatprovided in the Convention the Rights ofthe Child. Though the age of attainingmajority is 18 years, for specific purposesa child may be emancipated at an earlierage. Emancipation takes places either bymarriage or upon authorisation of thefamily council.

Throughout the report, the governmentmakes reference to different and contra-dictory ages of the child. As will be seen,these contradictions have an impact onthe rights of the child with particular re-ference to those rights covered by themandate of OMCT.

With regard to giving testimony in courtparagraph 39 of the government reportstates that:

39. This is a matter governed by judicialpractice. A minor could testify in courtwith or without taking the oath depen-ding on the discretion of the judge.

OMCT is concerned by the absence of anycommentary on the validity of such adeclaration, by a child, before the courtand notes that although children after15 are held fully responsible for theircrimes, their status as witnesses wouldappear to be subject to the whim ofthe court. This appears somewhatcontradictory, and it would be helpfulif the government were to providefurther information on this area ofconcern.

OMCT believes that the age of responsi-bility foreseen in article 53 of the PenalCode does not conform with the conven-tion nor with current civil legislation.

In addition to the fact that the age ofresponsibility is too low, it is importantto note that juveniles who are 15-18years old can be subjected to life impri-sonment.

Torture,

III treatment

or other Cruel or Degrading Treatment:

the absence of protection

Whilst OMCT welcomes the positiveattitude of the government on most issues,the reporting responsibilities are clear.OMCT feels that the reports handlingof the issues of torture and other forms ofill treatment is insufficient.The Report provides very little infor-mation on de facto ill-treatment or tortureof children and de jure protection. Given

the systematic use of torture of previousregime and the great number of actscommitted against children during itsyears in power, it would seem unlikelythat the practices would disappear over-night. As such OMCT feels that theconmfittee should be provided with moreinformation.

'13

9

Draft Legislation Concerning Torture

Protection from Torture is outlined inArticle 18 of the draft constitution part 1and it states: "No person shall be subjectto cruel, inhuman or degrading treat-ment or punishment."

The first and most fundamental remarkOMCT would make is that such protec-tion from torture that currently exists inthe draft constitution is, given the longperiod that this legislation has been draft,effectively meaningless. The new draftconstitution of Ethiopia is essentially thesame as that approved by the Council ofrepresentatives in 1994. It has yet to beenacted.

This is all the more worrying as supple-mentary legislation provides, as will beseen, little or no protection from torture,Ill treatment or other cruel or degradingtreatment for children.

It is therefore imperative that for ameaningful discussion on the enjoymentof children's rights in Ethiopia, that thecommittee insist that the representativesof the government furnish the committeemembers with a firm date on when thedraft Constitution will become law.

Such as it is, however, OMCT has parti-cular concerns with the draft as it stands.Firstly, whilst the draft constitutioncondenms torture, there would appear tobe no definition. The absence of a defmitionis further worrying, because the proposedlegislation makes no reference to psycho-logical torture, nor does it make mention ofpenalties mentioned in connection with theact or complicity with such acts.OMCT would urge the committee torequest that the government amend thecurrent draft to contain at the very least,an adequate definition of torture.

Current Legislation Concerning Torture

Since, as has been noted above, the draftconstitution remains off the statutes, it isnecessary to make observations on legis-

lation in force. As will be seen, these are,to a large extent inconsistent with theConvention.

1410

The provision foreseen when violence isinflicted by a state agent is laid out inArticle 417 of the Penal code. The articlestates:

"Any public servant charged with thearrest, custody, supervision, escort orinterrogation of a person who is undersuspicion, under arrest, summoned toappear before a court of justice, detainedor interned, who in the performance ofhis duties treats the person concerned inan improper or brutal manner, or in amanner which is incompatible withhuman dignity or with ihe dignity of hisoffice, especially the use of blows, crueltyor physical or mental torture, be it toobtain a statement or a confession, or toany similar end, is punishable withfine orsimple imprisonment, except where hisact may justify the application of moresevere punitive provisions"

OMCT is gravely concerned for severalreasons:

Torture can be interpreted as a "notvery serious" crime by definitionscontained within legislation within exis-ting legislation.

In addition to a fine, the perpetrator of thecrime of torture can be puthshed withsimple imprisonment. Crimes for whichsimple imprisonment can be imposed aredefined in article 105 of the Penal code as:"of a not very serious nature committed bypersons who are not a danger to society".

The sentence foreseen runs from:"10 days to three years" [art 105]

Thus within current leOslation, in theabsence of clear constitutional guidelines tothe contrary, the crime of torture is regar-ded as a crime of a not very serious nature.

As above, it is appropriate to cite article4.2 of CAT:"Each state party shall make theseoffences [torture] punishable by appro-priate penalties which take into accounttheir grave nature".

Aggravation of sanctions, occur onlywhen the court feels that "his act mayjustify".

This stipulation is undefined. In theabsence of any definition it is possible thatlesser acts of torture could be treated withthe same penalty as extreme cases.

15 11

There is no minimum penalty.The perpetrator of torture of a childcould theoretically look forward to anunstipulated minimal fine (particularlylikely where corruption is so pervasive).OMCT does not consider, under anycircumstances that the imposition of a finefor the practice of torture is acceptable.

As a state party to the Convention AgainstTorture Ethiopia is bound to Article 4.2of the Convention which states: "Eachstate party shall make these offences[torture] punishable by appropriatepenalties which take into account theirgrave nature".

In addition to the derisory punishmentforeseen, what is more worrying are thearticles of the penal code which evokecertain exceptions. The state agentresponsible for torture will be heldresponsible only to the extent that he orshe is seen to have exceeded the orders ofhis or her superior officer. The penal codestates in article 69:

Art.69- Responsibility of person giving anOrder.In the case of an offence under this Codecommitted on the express order of

person of higher rank whether adminis-trative or military to a subordinate, theperson who gave the order is responsiblefor the act performed by his subordinateand is liable to punishment so far as thesubordinate's act did not exceed the ordergiven. (Art. 58 -3).

Art. 70 Responsibility of the subordi-nate.(1) The subordinate who has carried outan order to commit an offence under thisCode shall be liable to punishment if hewas aware of the illegal nature of theorder or knew that the order was givenwithout authority or knew the criminalnature of the act ordered, such as incases of homicide, arson or any othergrave offence against persons or pro-perty, essential public interests or inter-national law.The Court may, without restriction,reduce the penalty (Art. 185) when theperson who performed the act orderedwas moved by a sense of duty dictated bydiscipline or obedience; the Court shalltake into account the compelling natureof the duty.

(2) The Court may impose no punishmentwhere,:having regard to all the circum-

16 1

stances and in particular to the stringentexigencies of State or military discipline,the person concerned could not discussthe order received and act otherwise thanhe did.

(3) In the event of an order being inten-tionally exceeded the person who excee-ded the order is alone responsible for theexcess.

The above stipulations would appear tocontravene article 2.3 of the CAT whichis very clear where it states:Article 2.3 "An order from a superiorofficer or public authority may not beinvoked as a justification of torture".

Furthermore, OMCT notes withconcern that the sanction foreseen forcommon crimes of violence would appearto be more serious than that of acts oftorture against children. Article 538.of thePenal Code sets out general protectionmeasures:

"Whosoever intentionally:a. wounds a person so as to endanger his

life of permanently to jeopardise hisphysical or mental health ; or

17

b. maims his body or one of his essentiallimbs or organs, or disables them, orgravely and conspicuously disfigureshim; or

c. in any other way inflicts upon anotheran injury or disease of a seriousnature, is punishable, according to thecircumstances and the gravity of theinjury, with rigorous imprisonnwnt notexceeding ten year or with simpleimprisonment of not less than oneyear."

Rigorous imprisonment is the sanctionforeseen for offences of a very gravenature [as defined in Article 107 of thePenal Code].

Given that torture often provokes thekind of outcome defined in article 538.,it is important that the governmentprovide supplementary information tothe committee, defining how an act oftorture would be treated in suchcircumstances.

Another worrying aspect of the govern-ment report are references to sanctioningacts of torture raised by paragraph 192:

192. If the accusation relates to anoffence punishable with rigorous impri-sonment exceeding 10 years or withdeath, the court shall direct the publicprosecutor to frame a charge (art. 172(3) ). In such a case the juvenile will betried in the high Court on a formalcharge drawn by a public prosecutor.The woreda court can hear cases wherethe accusation relates to offence ordina-rily punishable by up to 10 years ofrigorous imprisonment while any gravecases have to be heard before the h ighCourt. If the case is less serious and is tobe heard by the woreda court the juvenileis tried without any formal charge andusually without the participation of thepublic prosecutor. There is a specialdivision in the h igh Court that hearscases of juveniles charged with seriouscrimes.

The stipulation appears to suggest thatcrimes defined in article 105 of the penalcode, as those of a not very seriousnature can be tried in a lower court. As hasbeen seen above, torture is defined as justsuch a crime and could therefore be tried in

18

a lower court. This is all the more worryinggiven the de facto training of magistrates ofsuch courts. Information suggests that themagistrates have neither the competence,training or experience to deal with suchcases and are open to bribes. It is thereforeimperative that the government determinewhere and under what circumstances theperpetrator of the crime of torture againsta child would be held.

RecommendationsOMCT must recommend that thegovernment amend the relevant sectionsof the penal code which would appear tobe in contravention with bothConvention against Torture and the CRC.It is vital that the crime of torture istreated as an extremely serious crime andwhich must be punished with a gravitymatching that of the crime.

Furthermore, we would urge that thegovernment amend section 69 and 70of the penal code. Finally we would urgethe committee to request the governmentto provide more information on thissubj ect.

!4.

The Right fo Redress

OMCT has to express its concern over thelack of details contained within thegovernment report with regard to thepossibility for the child to obtain redressand indemnisation with particularreference to torture and other forms of ill

treatment. Furthermore, OMCT wouldurge the committee to press the govern-ment to provide further clarification onadministrative measures that exist for theprovision of rehabilitation.

Corporal Punishment as a Punitive Measure

Paragraph 19 of the Government Reportlays out the Draft Constitutions' articleson protection on the rights of the child. Itstates in Article 36/11(e) that every childhas the:"right to be free from harsh and inhumanpunishments that may be inflicted on hisbody, in schools or child care institutions".

With regard to the draft, OMCT isconcerned over the absence of explicitprotection for children in both the fami-lial and penal environment.

Current Legislative Protection.As has been noted, the Constitutionremains off the statutes. Where existinglegislation is concerned, there wouldappear to be little enjoyment of this right.

Throughout both the Penal code and theCode of Criminal Procedure the use ofcorporal punishment is referred to as aright, for example, Article 64 of penalcode refers to this right stating:" (b) acts reasonably done in exercisingthe right of correction or discipline."

OMCT is deeply concerned by thisstipulation, the Committee on the Rightsof the Child has made its view on thecorrective discipline extremely clearthe use of corrective discipline lies at oddswith the Convention.

Furthermore, the limitations of suchmistreatment are laid out in Article 548part 1 of the Penal Code stating:

19 15

"whosoever... deliberately neglects,ill-treats, over tasks or beats him in sucha way as to affect or endanger gravelyhis physical or mental development or hishealth, is punishable with simple impri-sonment for not less than one month".

Clearly, a punishment which results ingrave damage to the physical andpsychological integrity of a child, asArticle 548 foresees, is an extremelyserious crime.

However, once again, the Ethiopian Penalcode foresees a punishment of simpleimprisonment. As has been laid outearlier, definitions of such imprisonmentare outlined Article 105 of the Penal Codeand would appear to be imposed forcrimes of a not very serious nature.

Furthermore Article 548 is further wea-kened by a number of exceptions. Part 2of Article 548 states:"the right to administer lawful and

20

reasonable chastisement is not subject tothis provision [art 548 Part 1)".

Thus in conclusion, acts reasonably donein exercising the right of correction ordiscipline [Art 64] which endangergravely his physical or mental develop-ment or his health [Art 548] can beregarded as lawful and reasonablechastisement [Art 548] in the state ofEthiopia. By consequence the perpetra-tor of such a crime would appear to besubject to no sanction.

ConclusionWhilst the legislation conforms with theCRC, it would appear to contradictarticle 19 of the CRC, the obligation toprotect the child against ill treatment.

The adequate protection of the physicaland psychological integrity of the child iscentral to conformity with the convention,and current legislation must be amendedas soon as possible.

Physical Chastisement in Institutions

Article 172 of the penal code sets out theleOslation concerning the use of corporalpunishment. It makes reference to theutility of corporal punishment as areforming measure. It states:

"When a young offender is contumaciousthe Court may, if it considers corporalpunishment is likely to secure his reform,order corporal punishment. Corporal pu-nishment shall be inflicted only with acane and the number of strokes shall notexceed twelve to be administered on thebuttock. Only young offenders in goodhealth shall be subjected to corporalpunishment."

OMCT in no way considers, under anycirCumstances, that the practice ofcorporal punishment is "likely to secure"reform. The use of corporal punishmentlies at odds with the spirit and letter of theConvention on the Rights of the Child.It is clearly in breach if article 37(a) of theCRC which states:

(a) No child shall be subjected to tortureor other cruel, inhuman or degradingtreatment or punishment.

21

OMCT notes that although the CRC hasnot made general comment on the use ofsuch punishment, the h uman RightsCommittee has taken a very clear standon this issue. '

The Human Rights Conmiittee, GeneralComment 7 IIRI GEN 1 \ Rev.1 at 7 (1994).

Paragraph 2 states:'4 ...the prohibition (of torture] mustextend to corporal punishment, includingexcessive chastisement as an educationalor disciplinary measure... Moreover, thearticle clearly protects not only personsarrested or imprisoned, but also pupilsand patients in educational and medicalinstitutions."

OMCT is deeply concerned over the viewof corrective discipline as a right. It wouldappear to pervade the Penal Code andsociety at large. Particularly worrying arethe measures open to the authorities whenplacing a child in a corrective institute.Article 173 of the penal code allows:44 special measures for safety, segregationor discipline can be applied to him in thegeneral interest".

OMCT is concerned by these specialmeasures, in partdeular those that refer todiscipline. These measures wmdd appearto be apphed in addition to measures fo-reseen by the courts and it would appearimportant that the committee be informedof the nature of these "special measures".

Conclusion:Article 172 of the penal code contravenesarticle 37 of the CRC and OMCT notes

once again that Ethiopia is state party tothe Convention Against Torture whichfirmly forbids such practices.

The adequate protection of the physicaland psychological integrity of the child iscentral to conformity with the convention,and current legislation must be amendedas soon as possible.

General Profedion from Violence for Children

Article 538 of the Penal Code sets outgeneral protection measures againstviolence. It states:"Whosoever intentionally:

a. wounds a person so as to endanger hislife of permanently to jeopardise hisphysical or mental health ; or

b. maims his body or one of his essentiallimbs or organs, or disables them, orgravely and conspicuously disfigureshim; or

c. in any other way inflicts upon anotheran injury or disease of a serious

nature, is punishable, according to thecircwnstances and the gravity of theinjury, with vigorous imprisonment notexceeding ten years or with simpleimprisonment of not less than oneyear." [emphasis added]

Thus it would appear that under certainsuch circumstances, the legislation fore-sees the imposition of simple imprison-ment. As has been seen on a number ofoccasions above, the definition of simpleimprisonment is defined in Article 105 ofthe Penal Code as being for:46 offences of a not very serious nature".

22 S18

And once again, the punishment foreseenfor such a crime in Article 105 part (1)

extend for a period offrom 10 daysto three years"

OMCT believes that violence of the leveldescribed above can never be describedas not very serious, particularly wheninflicted upon children, the least ableto defend themselves. The discretionarypowers that it offers the judiciary are too

extensive, particularly so in a societywhich is so politically, socially and eco-nomically divided as Ethiopia.

RecommendationsOMCT would request that the govern-ment amend Article 538 of the penal codeand ensure that acts of extreme violenceare punished with a severity that matchesthe gravity of the crime.

Children in Confl ci with the Law

OMCT has several concerns about thelegislation with regard to children inconflict with the law:

It is worth repeating the central concernsof the age of penal responsibility contai-ned in the government report. It definesa minor is several different ways forexample in paragraph 35 a minor is defi-ned as under 18.

35. The Civil Code of 1960 defines theword child as a "minor" of either sex whohas not attained the full age of 18 years.This definition is compatible with thatprovided in the Convention the Rights of

23

the Child. Though the age of attainingmajority is 18 years. For specificpurposes a child may be emancipated atan earlier age. Emancipation takesplaces either by marriage or uponauthorisation of the family council.

Throughout the report, the governmentmakes reference to different and contra-dictory ages of the child. These contra-dictions have an impact on the rights of thechild with particular reference to thoserights covered by the mandate of OMCT.

With regard to giving testimony in courtparagraph 39 of the government report

19

states that on the subject of giving testi-mony in court:

39. This is a matter governed by judicialpractice. A minor could testify in courtwith or without taking the oath depen-ding on the discretion of the judge.

OMCT is concerned by the absence of anycommentary on the validity of such a

declaration by a child before the courtand notes that although children after 15are held fully responsible for their crimes,their status as witnesses is subject to thewhim of the court This appears somewhatcontradictory. It would be helpful if thegovernment were to provide furtherinformation on this area of concern.

[xtensive Discretionary Powers of Arrest

The stipulations in Article 471 of thePenal Code give enormous powers ofarrest to the authorities.

"(1) Whosoever, having no fixed abode oroccupation and no regular or visiblemeans of support, and being able bodied,habitually and of set purpose leads a lifeof vagrancy or disorderly behaviour, orlives by his wits or by mendicancy, refu-sing to take honest, paid work which heis capable of doing, thereby constitutinga threat to law and order is punishablewith restriction of personal liberty or withsimple imprisonment not exceeding6 months."

It is clear that in a country where themajority of its people live in absolutepoverty the wording "having no fixedabode or occupation and no regular orvisible means of support, and being ablebodied, habitually and of set purposeleads a life of vagrancy or disorderlybehaviour, or lives by his wits" can beapplied extremely widely. It is clear thatthese powers, as has been pointed outwith similar legislation in other countriesby OMCT, are used by the police againstsocially and economically disadvantagedgroups, particularly street children andincrease the chances of arbitrary arrestand abuse.

24 2 0

The United Nations Standard MinimumRules for the Administration ofJuvenile Justice ("The Beijing Rules"),in its commentary on Rules 6.1, 6.2 and6.3 of the importance of establishing abalance in the juvenile justice systembetween:"the need to permit the exercise ofdiscretionary power... and the need toprovide checks and balances in order tocurb any abuses of discretionary power

and to safeguard the rights of the youngoffender".

Moreover, the Beijing Rules emphasisethat laws dealing with children should aimto "minimise the necessity of interventionby the juvenile justice" It wouldappear that extensive discretionarypowers are enjoyed without any counter-balance and the result is abuse.

Arrest Procedure

The greatest threat to the physical andpsychological threat to the integrity of achild come in the initial hours after thechild has been detained. As has been clis-cussed above, whilst good procedural gui-delines and practice will not eliminate thepractice of torture, they are a necessarycondition in reducing the opportunitiesfor abuse. The UN Beijing Rules stressthe critical nature of this initial contactbetween the authorities and emphasise inParagraph 10.3 that"Contacts between the law enforcerneNagencies and a juvenile offender shall bemanaged in such a way as to respect thelegal status of the juvenile, promote the

well-being of the juvenile and avoid harmto her or him, with due regard to thecircumstances of the case."

The explanatory notes stress that harmshould be interpreted in its broadestsense. The rules place great emphasis onthe need for rapid intervention to ensurethat harm does not ensue, stating inParagraph 10.2:10.2 A judge or other competent officialor body shall, without delay, consider theissue of release. ,

The Government report states that aseparate system of procedure exists for

25

21

children in conflict with the law andMdeed Article 172 of the criminal proce-dure code refers to the need to bring thechild "immediately" before the court.h owever, according to various nationalsources this is not applied. De facto, itwould appear that the legislation used isthat which applies to adults. These arelaid out in article 58 and 29 of the Codeof Criminal Procedure with reference toadults:

Article 58 - Handing over of the arrestedperson.(1) Where an arrest is made the personmaking the arrest shall without unne-cessary delay hand over the person so ar-rested to the nearest police station.

Article 29 Procedure after arrest(I) Where the accused has been arrestedby the police or a private person andhanded over to the police the police shallbring hint before the nearest court within48 hours of his arrest or so soonthereafter as local circumstances andconununications permit. The time takenin the journey shall not be included.

OMCT has several concerns. With regardto Article 56 "without unnecessary delay"

is left undefined and, as such, presentsthe arresting officer without clear guide-lines. It would seem appropriate that theGovernment of Ethiopia present thecommittee with further information onthis issue.

With regard to Article 29, OMCT isconcerned that 48 hours is considerablylonger than provided for in other legis-latures, which for the most part foresee24 hours. In addition, this stipulation setsout that additional time may be permis-sible "as local circumstances and com-munications permit" there are no limitsor restrictions on this stipulation.Furthermore, the time does not includethe journey time taken. These measurewould appear give enormous scope to theauthorities to detain children for a greatlength of time which could have severelynegative consequences for the child.

The de facto practice, suggests thatchildren are often detained for longperiods without a warrant. What littleprotection exists is overlooked.Ethiopia must be requested to take theappropriate steps to assure that Article172 is applied.

2622

furlher Special Powers of Detention

In addition to these extensive discretio-nary powers or detention, additionalpowers are granted to the authoritieswhen investigating crimes. Article 59 ofthe Code of Criminal Procedure part 2states:

"(2) Where the police investigation is notcompleted the investigating police offwermay apply for a remand for a sufficienttime to enable the investigation to be com-pleted.

(3) A remand may be granted in writing.No remand shall be granted for morethan 14 days on each occasion"

There would appear to be no measureother than the detention and OMCT isconcerned similarly by the length ofdetention which would cause a great dealof suffering.

Secondly, OMCT is concerned by thewords "on each occasion". The law doesnot place any limits on the number oftimes that the stipulation can be appliedand reapplied. Furthermore, there do notappear to be any other measures avai-

27

lable, other than detention. The legisla-tion would appear to be open to abuse,permitting long periods of detention evenif there is no sentence.

This de jure problem is observed de facto.According to information from diversesources this rule is regularly abused bythe Police and the Wereda courts. Policerepeatedly apply for remand in one caseand the wereda judges, who have little orno legal training, grant them more timewithout asking questions. Even where thecase requires no further investigationthe wereda judges grant remand to thePolice.

Recommendations:Clearly this stipulation presents enor-mous dangers to the integrity of the childand the Government must amend thelegislation in order to avoid its arbitraryhnprisonment.

23

Pre-Trial Detention

The legislative provisions regarding bailand pre-trial detention are the following

"Bail is not allowed in murder caseswhere the punishment provided by law isdeath or rigorous imprisonment for morethan 15 years and where the victim diedor is likely to die" (Article 63/1 of theCode of Criminal Procedure).

Bail will only be turned down under thecircumstances laid out in Article 67 of theCode of Criminal Procedure where:

"(a) The applicant is of such a naturethat it is unlikely that he will comply withthe condition laid down in the bond.

(b) The applicant, if set at liberty, is likelyto cause another offences

(c) The applicant is likely to interfere with

the witnesses or tamper with the evidence."

OMCT is concerned that a reciclivist childwould seem to stand little chance of bailunder such circumstances and givencurrent arrangements would be detainedwith adults and consequently, face athreat to their physical integrity.

Information on the de facto situation sug-gests that the granting of bail, under allcircumstances is subject to long delay.The public prosecutor does not usuallyrespond promptly, the court seemsunwilling to consider the issue with anygreat haste, in some cases granting of bailhas been delayed up to a month. Bail isoften subject to exorbitant monetarydemands (EHRC Democracy, Rule ofLaw and Human Rights in EthiopiaRhetoric and Practice).

The Right to Legal Representation

A further issue is raised by Article 195 ofthe criminal procedure code whichforesees certain conditions under which

a child would not have the right to legalrepresentation stating:195. The Criminal Procedure Code

28 2 4

qualifies the juvenile's right to counsel.Article 174 states that the court shallappoint an advocate to assist the youngperson where no parent, guardian orother person in loco parentis appears torepresent the young person or the youngperson is charged with an offence puni-shable with imprisonment exceeding10 years or with death. According to thisarticle, therefore, a juvenile has the rightto representation by State-appointedcounsel whenever he and his parents aretoo poor to hire one privately. But thisright may be restricted where the offenceis very serious and, regardless of theseriousness of the offence, where he isrepresented by his parent, guardian orother person in loco parentis.

40.2b iii of the CRC is very clear on thisissue:(iii) To have the matter determinedwithout delay by a competent, indépen-dant and impartial authority or judicialbody in a fair hearing according to law,in the presence of legal or other appro-priate assistance and, unless it is consi-dered not to be in the best interest of thechild, in particular, taking into accounthis or her age or situation, his or hereparents or legal guardians;

OMCT feels that it would be appropriatethat the government provide furtherinformation on this issue and state underwhat circumstances that this could occur.

Separation from Adults in Detention

One of the fundamental priorities forOMCT is that detained children be heldseparate from adults. The risks to a child,detained with adults, both to theirphysical and psychological integrity areenormous.

The proposed draft constitution in part

29

conforms in spirit with this belief that inarticle 36/3 that:"Juvenile delinquents or children underthe care of rehabilitation centres orchildren growing up in Government aidor children under the care of governmentor private orphanages should be segre-gated from adults.

In discussing the draft, OMCT is concer-ned by the use of the conditional should.In English, the conditional should is nota strong imperative, rather an advisory.The implications of detaining children withadults are extremely serious and can haveramifications for both the physicaland psychological integrity of the child.The language of legislation must reflectthis.

Current legislation, reflects this advisoryrather than imperative approach.Under certain conditions legislationallows for the detention of certain chil-dren in adult penal institutions. Article173 of the Penal Code deals with suchprovisions

Art. 1 73. Imprisonment.1) When a young offender has committeda serious offence which is normallypunishable with a term of rigorousimprisonment of ten years or more orwith capital punishment the Court mayorder him to be sent:

a) either to a corrective institution (Art.166) where special measure for safety,segregation or discipline can be appliedto him in the general interest; or

b) to penitentiary detention institution ifhe is incorrigible and is likely to be a causeof trouble, insecurity or corruption toothers. The principle of segregation shallbe applied in this case. (Art. 109 [2] ).

OMCT notes that a child of age 15-18 canbe punished with life imprisonment seebelow.

OMCT feels that it is appropriate that theGovernment provide details on how thecourt arrives at a definition of an incor-rigible child.

The government reports admits that defacto that children are not "kept sepa-rated from adult prisoners" [governmentreport para 4.3]. OMCT would urge thatthe government outline what measures itis planning to amend this intolerablesituation.

2 630

Regular Medical Examinations

OMCT is also concerned over the stipu-lation regarding a detained childs right tomedical examination. Children in deten-tion should have regular medical exami-nations the stipulations of article 34 of theCriminal Procedure limit this to thedecision of the Officer in charge. Article34 states:

Art. 34.- Physical examination.(1) Notwithstanding the provisions ofArt. 20 Civil Code where an investigationpolice officer considers it necessary,

having regard to the offence with whichthe accused is charged, that a physicalexamination of the accused should bemade, he may require him to record inwriting the results of such examination.Examination under this Article shallinclude the taking of a blood test.

OMCT would urge the government toamend the legislation to ensure thatchildren receive appropriate medicalattention whilst in detention.

Heavy Sentencing

The provision relating to juvenilesentencing is given in article 173 of thePenal code

Art. 173/2) The Court shall determine theperiod of detention to be undergoneaccording to the gravity of the actcommitted and having regard to the ageof the offender at the time of the offence.It shall not be for less than three yearsand may extend to a period of tenyears ( .)

In such a case the Court shall, withoutrestrictions, take into account, in deter-mining the duration of the detention to beundergone, the time spent in the correc-tive institution and the results unfavou-rable or otherwise thereby obtained.

OMCT notes that these dispositions applyto young offenders who have conunittedserious offences. Article 56, 107 and 173.1of the Penal code concern juveniles agedbetween 15 and 18. Juveniles who fall into

31

27

this age group and have committed aparticularly grave crime and consideredas dangerous to society could face a penalsanction for life.

Art. 107.- Rigorous Imprisonment.(1) Rigorous imprisonment is a sentenceapplicable only to offences of a verygrave nature committed by offenders whoare particularly dangerous to society.Besides Providing for the punishmentand for the rehabilitation of the offender,this sentence is intended also to providefor a strict coufinement of the offenderand for protection to society. Withoutprejuthce to conditional release, the

sentence of rigorous imprisonment isnormally for a period of one to twenty-

five years but where is expressly so laiddown by law it may be for life.

These measures contravene Article 37 (a)of the CRC which states:

(a) "No child shall be subjected to tortureor other cruel, inhuman or degradingtreatment or punishment. Neithercapital punishment nor life imprisonment'without possibility of release shall beUnposed for offences committed bypersons below eighteen years of age".

Solitary Confinement

The Convention on the Rights of theChild is extremely explicit when discus-sing the conditions under which a childshould be detained. Children should bedetained only as a measure of last resort.Such detention, when used should beaimed at reform and never as a punitivemeasure.

As such OMCT has serious concerns overthe following stipulation of the penal code

which allows for the detention of a child.for up to 3 months at a time.

Art. 111. Improved treatment in prisons.With a view to ensuring that the sentencehas the effect of reforming the prisonerand of enabling him to resume a normalsocial life on his release, the execution ofthe sentence shall be carried out inaccordance with the following provisionsin this article and with such other

32 28

provisions as may be laid down by regu-lations relating to prisons:

1) The Director of Prisons may, whene-ver it appears to him necessary so to do,impose solitary confinement at thebeginning or in the course of the execu-tion of the sentence.Such confinement shall in no case exceedthree months at a time and before impo-sing any period of confinement theDirector shall consult a doctor and whereit appears necessary a psychiatrist.

2) The prisoner shall be bound to workeither alone or together with othersaccording to the requirements and condi-tions prevailing at the time.Outside periods of work and during thenight, prisoners shall, as far as possible,be kept isolated.

OMCT would request that the govern-ment explain under what circumstancesand what behaviour, on the part of thechild would lead to such a measure.

Secondly OMCT would request that thegovernment outline the means to recourseopen to the the child against the use ofsuch measures:

The United Standard Minimum Rules forthe Treatment of Prisoners states in prin-cipal:

Notwithstanding the exceptions contai-ned in principle 16, paragraph 4, andprinciple 18, paragraph 3, communica-tion of the detained or imprisoned personwith the outside world, and particularhis family or counsel, shall not be deniedfor more than a matter of days.

OMCT is concerned that it is unclear asto who the competent authority to decidethe competence of such a decision. Finallythere would appear to be no limit to thenumber of times that such a punishmentcould be imposed.

The UN Rules for the Protection ofJuveniles deprived of their liberty statesin Article 67:"67 All disciplinary measures constitutingcruel inhuman or degrading treatmentshall be strictly prohibited, including...solitary confinement".

The Human Rights Committee, GeneralComment 7 HRI \ GEN \ 1 \ Rev.1 at 7(1994) goes further stating:

332 9

"solitary confinement may, according tothe circumstances.., be contrary to thisarticle [Article 7 ICCPR "No one shall besubjected to Torture..."]

In conclusion, OMCT considers that thelegislation is extremely loosely defined,likely to be applied to juveniles andpresents a grave threat to their psycho-logical and physical integrity and undercertain circumstances would appear to

contradict Article 37(a) of the CRC whichstates:

(a) No child shall be subjected to tortureor other cruel, inhuman or degradingtreatment or punishment. Neither capi:tal punishment nor life imprisonmentwithout possibility, of release shall beimposed for offences committed bypersons below eighteen years of age.

Children in Conflict with the Law

Conclusions:

OMCT is concerned by a great numberof aspects of both legislation and prac-tice, where children are concerned.Measures would appear to give excessivepowers to the authorities and wouldappear to operate without the benefit ofeffective checks and balances.

A fundamental condition for enjoymentof rights is the need for a properly trainedand educated police force, which forunderstandable economic reasons isabsent in Ethiopia. Thus, these extensive

powers are given to a police force who,are not equipped to discharge thesepowers.

The current legislation and de factopractice can only present clear dangers tothe liberty and integrity of the child,particularly those from low economic andsocial status. In the view of OMET acomplete review of the criminal justicesystem as it relates to children would beappropriate.

3034

Concluding observations of the Committee

on the Rights of the Child: Ethiopia

CONSIDERATION OF REPORTS SUBMITTEEr-BY STATES PARTIES UNDER ARTICLE 44 OF THE CONVENTiON

The Committee considered the initial report of Ethiopia (CRC/C/8/Add.27),at its 349thto 351st meetings (CRC/C/SR.349 to 351) held on 9 and 1VJaimary 1997 and adoptedthe folloiving concluding observations.

BEST COPY AVAILABLE]35

A. Introduction

The Committee expresses its appreciationto the State party for engaging in an openand constructive dialogue with theCommittee. It welcomes the submissionof the initial report of Ethiopia, whichfollows the Committee's guidelines for thepreparation of States parties' initialreports, as well as written answers to itslist of issues, although it notes that anumber of the questions asked were notanswered. The Committee particularlywishes to express its satisfaction at theself-critical approach of the report inidentifying a number of areas of concern,and it welcomes the willingness expressedby the delegation that the suggestions andrecommendations made during thediscussion would be duly taken intoaccount by the Ethiopian authorities.

B. Positive factors

The Committee notes with appreciationthe steps taken since 1991 to set updemocratic institutions in the country. Itwelcomes the adoption of a newConstitution, which incorporates inter-national standards in the field of human

rights, including, in its article 36,a specific reference to some of the rightsenshrined in the Convention on the Rightsof the Child.

The Committee notes with satisfactionthat the Convention, as well as otherinternational treaties dealing with humanrights, are incorporated into domesticlaw, and that article 13 of the Constitutionstates that human rights provisions of theConstitution are to be interpreted in linewith international human rights instru-ments ratified by Ethiopia.

The Committee also welcomes the politi-cal commitment within the country toimprove the situation of children, whichfinds expression notably through thesetting up of an Inter-ministerial LegalCommittee to review national legislationand its compatibility with the provisionsof the Convention, through the esta-blishment of Committees on the rights ofthe child at the national, regional, zonaland woreda levels, as well as through theadoption of a National Plan of Actionand the establishment of a MinisterialCommittee to monitor its implementation.

31 3 ?,

The Committee is encouraged by thecombined efforts undertaken by theGovernment and international or non-governmental organizations to protectand promote children's rights, in parti-cular in the field of information onHIV/AIDs, and information campaigns onharmful traditional practices affectingchildren. With regard to the latter, theCommittee welcomes the setting up of theNational Committee on TraditionalPractices, established to develop infor-mation and sensitization campaigis on allforms of harmful traditional practicesaffecting the health of women and chil-dren, with a particular emphasis onfemale genital mutilation.

The Committee notes with appreciationthat primary education has been madefree, although it regrets that it has not yetbeen made compulsory.

C. Factors and difficulties impedingthe implementation of the Convention

The Committee acknowledges that theState party has had to face, during thepast few years, economic, social andpolitical challenges, due inter alia to years

of civil war and the transition to demo-cracy. It notes the existence of inter-regional and urban/rural disparities, inparticular with regard to the availabilityof resources and infrastructure, whichmay lead to discrimination in the enjoy-ment of the rights provided for in theConvention.

Furthermore, the Connnittee notes thatcertain traditional practices and customs,prevailing particularly in rural areas,hamper the effective implementation ofthe provisions of the Convention, espe-cially with regard to the girl child.

D. Principal subjects of concern

The Committee notes that, althoughthe notification of the ratification ofthe Convention by Ethiopia was publi-shed in the Official Gazette, the full textof the Convention has to date not beenpublished in the Gazette, thus making itdifficult for law enforcement officials,judicial personnel and other professionalsworking with and for children to haveaccess to and an understanding of itsprovisions.

38 3 3

The Committee also notes that there is alack of awareness and understandingin the State party of the principles andprovisions of the Convention.

In this regard, the Committee is concer-ned at the lack of adequate and syste-matic training provided to lawenforcement officials, judicial personnel,teachers, social workers and medicalpersonnel. The Committee further notesthat insufficient attention has been paidin practice as well as in the legislation tothe principles of the best interests of thechild, respect for the child's views and thechild's participation in family, social andschool life.

The Committee notes with concern thelack of adequate mechanisms for thecollection of reliable quantitative andqualitative data on the situation ofchildren throughout the country, whichhinders the effective assessment by theauthorities of the situation of each andall groups of children in all parts of thecountry, and thus makes the adoptionof targeted policies in the- field of theprotection of the rights of childrendifficult.

The Committee expresses its concernabout the negative effects of poverty onthe situation of children in Ethiopia, asillustrated by the high levels of infant andunder-five mortality rates and malnu-trition, and at the low levels of schoolenrolment, education, immunizationcoverage and health services in general.

The Committee notes with concern thenon-compatibility of certain provisions ofdomestic law with the principles andrights enshrined in the Convention, suchas the provision for a different minimumage of marriage between girls (15 yearsof age) and boys (18 years of age), theprovision in the Penal Code for the pos-sibility to sentence children to corporalpunishment, the provision in the CivilCode for "light bodily punishment" as aneducative measure within the family andthe limitation of the right to counsel whenthe child may be represented by hisor her parents or legal guardian duringlegal proceedings.

The Committee remains concerned atprevailing traditional attitudes and harm-ful practices, such as female genitalmutilation, early marriages and teenagepregnancies, and at the persistence of

39 3 ,4

discriminatory social attitudes againstvulnerable groups of children, such as thegirl child, disabled children, childrenborn out of wedlock and children affec-ted by or infected with HIV/A1Ds, inclu-ding orphans.

The Committee is concerned that insuf-ficient steps have been taken to ensure theregistration of children after birth andthat the State registration procedure ishampered hi practice by the lack ofregistration's desks, especially in ruralareas. The Committee also expresses itsconcern in relation to the lack of adequatemeans available for the registration ofrefugee children.

The Committee is concerned that, sincechildren are able to lodge complaints onlythrough their parents or legal guardians,the right to adequate recourse andcomplaint procedures for children victimof abuse, including sexual abuse, neglector ill-treatment within their families doesnot seem to be secured. The Committee isalso concerned that the enjoyment bychildren of their -right to participateactively in the promotion of their ownrights does not seem to be guaranteed.

The Committee is concerned at the lowlevels of school enrolment and at the highdrop-out rates, especially among girls, atthe lack of learning and teaching facilitiesand at the shortage of trained teachers, inparticular in rural areas. It shares theconcerns expressed in the State party'sreport that the school curricula aredivorced from cultural and social realities,and regrets that it does not yet include aprogramme of education on human rightsand children's rights. Moreover, theCommittee expresses the concern, as men-tioned above, that primary education hasnot yet been made compulsory.

The Committee expresses the concernthat the systems of national and inter-country adoptions are not fully in confor-mity with the provisions of article 21 ofthe Convention, in particular article 21(a), and with the principles of the best in-terests of the child and respect for his orher views.

The Committee is also concerned at thesituation of children in especially difficultcircumstances, including children livingand/or working in the street, and at theMcidence of child labour, in particular inthe informal sector.

4035

The Committee is deeply concerned at thepresent system of juvenile justice, whichis not in conformity with articles 37,39 and 40 of the Convention. It is parti-cularly concerned about the age ofcriminal responsibility at 9 years and thatas from the age of 15 years, children aretreated as adults. In this regard, theCommittee regrets that it has not beenmade clear during the discussion whetherthe latter meant that children above15 years of age may be sentenced to lifeimprisonment or detained together withadults. Furthermore, the Committeeexpresses concern at the possibility,mentioned above, provided for in article172 of the Penal Code to sentencechildren to corporal punishment, at thesole discretion of the judge, in particularwith regard to the "bad or good charac-ter" of the child, in determining thepenalty to be applied to the child, and atthe possible limitations of the right tolegal counsel.

In the light of article 39 of theConvention, the Committee is also concer-ned at the insufficient measures taken bythe authorities for the physical andpsychological recovery and social reinte-gration of children victim of war.

E. Suggestions and recommendations

The Committee recommends that the fulltext of the Convention be published inthe Official Gazette and that trainingmanuals incorporating the text of theConvention be published for the profes-sional groups working with or forchildren.

The Committee encourages theGovernment to continue its efforts aimingat promoting awareness and understan-ding of the principles and provisions ofthe Convention, in the light of article 42of the Convention, in particular byensuring the translation and publicationof the text of the Convention in all natio-nal languages. Such measures wouldpromote change in persisting negativeattitudes towards children, particularlygirls, disabled children, children bornout of wedlock, children affected byor infected with HIV/AIDs, includingorphans, and contribute to abolishingtraditional practices prejudicial to thehealth and well-being of children, such asfemale genital mutilation, early marriagesand teenage pregnancies. Such effortsshould be pursued in close co-operationwith community and religious leaders and

41 3n

non-governmental organizations, at alllevels of the State, i.e. national, regional,zonal and woreda level, and specialemphasis should be laid on the necessityto coordinate the policies designed toimplement the Convention betweencentral and local authorities.

The Committee also encourages the Stateparty to provide systematic training onthe principles and rights enshrined in theConvention to the professional groupsworking with and for children, such aslaw enforcement officials, judicialpersonnel, personnel in child care insti-tutions, teachers, social workers andmedical personnel, as well as to thepersonnel entrusted with the task ofensuring data collection in the areascovered by the Convention. Similarly,attention should be given to incorporatingthe Convention in school curricula, asrecommended by the General Assemblyin proclaiming the United Nations Decadefor h uman Rights Education and by theVienna World Conference on h umanRights of 1993:

The Committee also recommends that theState party strengthen coordinationbetween the various governmental

mechanisms involved in children'srights, at both the national and locallevels, with a view to developing a com-prehensive policy on children andensuring effective evaluation of theimplenlentation of the Convention in thecountry. It further recommends thatthe setting up of an independent mecha-nism, such as an Ombudsperson on theRights of the Child or a Human RightsCommission, to ensure observance ofchildren's rights, be considered.

The Committee recommends that thesystem of data collection be improved atthe central and local levels of the State,and that it comprises all the areas cove-red by the Convention. Such systemshotdd include all groups of children, witha particular emphasis on vulnerablegroups of children and on children inespecially difficult circumstances, andadequate disaggregated data should beidentified with a view to assessing progressachieved in the realization of children'srights and defming the policies to be adop-ted towards a better implementation ofthe provisions of the Convention. Withregard to the latter, the Committeesuggests that further studies and follow-up surveys on vulnerable groups of

42 3 7

children be initiated and it recommendsthat the State party consider requestingtechnical assistance from UNICEF toaddress this question.

The Committee recommends that theGovernment pursue the process of brin-ging existing legislation into line with theprovisions of the Convention and that thebest interests of the child be fully takeninto account in the drafting of new legis-lation. In this regard, the Committeeparticularly recommends that the provi-sions for the minimum age of marriage forgirls at 15 years, the sentencing ofchildren to corporal punishment, the"light bodily punishment" as an educa-tional measure within the family and thelimitation of the right to legal counselof children, be abolished as a matter ofpriority.

The Committee recommends that, withrespect to the implementation of article 4of the Convention, budget allocationsshould be made to the maximum extent ofthe State party's available resources andshould give priority to the realization ofthe economic, social and cultural rights ofchildren, including the rights to health,education and rehabilitation, and that

particular attention be paid. to childrenbelonging to the most disadvantagedgroups, such as girls, disabled children,children living in rural areas, childrenliving and/or working in the street,children involved in the administration ofjuvenile justice system and childrenaffected by or infected with HIV/AIDs,including orphans. In this regard, andwith a view to contributing to the maxi-mum use of scarce resources, theCommittee recommends that the Stateparty accord greater attention to thedevelopment of a primary health-caresystem, which would develop a cultureof nutrition; hygiene and sanitationeducation.

The Committee recommends that specialefforts be developed to guarantee aneffective system of birth registration, inthe light of article 7 of the Convention, toensure the full enjoyment of their fun-damental rights by all children. Such asystem would serve as a tool in thecollection of statistical data, in theassessment of prevailing difficulties and inthe promotion of progress in the imple-mentation of the Convention. Similarly,the Committee recommends that anadequate system of registration of refugee

43

343

children be established to ensure tbattheir rights are protected.

The Coimnittee also recommends thatgreater efforts be made to promote theparticipation of children in family, schooland social life, and the effective enjoy-ment of their fundamental freedoms,including the freedom of opinion,expression and association.

With reference to the implementation ofarticle 19 of the Convention, theCommittee recommends that a system ofcomplaints aimed at children victim ofany form of violence, abuse, includingsexual abuse, neglect, maltreatment orexploitation, even while in the care of theirparents, be established, as a means toensure protection of and respect for theirrights. It further recommends that casesof abuse be properly investigated, sanc-tions applied to the perpetrators andpublicity given to the sanctions appliedto such crimes. The Committee alsorecommends that a comprehensive andintegrated public information campaignbe elaborated with a view to preventingand combating all forms of abuse ofchildren and that all necessary measuresbe taken to ensure the physical and

psycholoOcal recovery and the social rein-tegration of chiklren victims of the war, inthe light of article 39 of the Convention.

The Committee recommends that appro-priate legislative measures be adoptedand implemented with regard to adoptionof children, in the light of the principlesof the best interests of the chikl andrespect for his or her views and articles 20and 21 of the Convention. Furthermore,the Committee reconunends that the Stateparty consider ratifying the HagueConvention on Protection of Childrenand Cooperation in Respect of Inter-country Adoption of 1993.

In the area of chikl labour, the Committeerecommends that appropriate measuresbe adopted with a view to reflecting fullythe Convention, in particular article 32,in legislation and practice and suggeststhat consideration be given by the Stateparty to ratifying ILO Convention No138on minimum age for admission toemployment. The Committee also suggeststhat the State party consider seekingcooperation with ILO in this area.

With regard to the administration ofjuvenile justice, the Committee recom-

44 3 9

mends that legal reform be pursued andthat the State party take fully intoaccount the provisions of theConvention, in particular articles 37,39 and 40 as well as other relevant inter-national standards in this area, such asthe Beijing Rules, the Riyadh Guidelinesand the United Nations Rules for theProtection of Juveniles Deprived of theirLiberty. The Committee also recommendsthat the State party avails itself of the tech-nical assistance programmes of the HighCommissioner / Centre for Human Rightsand the Vienna Crime Prevention andCriminal Justice Division.

The Committee recommends that specialprotection measures be adopted andimplemented in relation to children livingand/or working in the street, children inconflict with the law, in particular thosedeprived of liberty, children affected byor infected with HIVIAIDs, includingorphans, abused and exploited childrenand children involved with child labour.

The Committee recommends that ameeting be organized, gathering interna-tional organizations working in the coun-try, including agencies and organizationsof the UN system and non-governmental

45

organizations, and competent nationalauthorities, with the aim of assessing theneeds for further international assistancewith regard to the promotion and protec-tion of the rights of the child.

The Committee recommends that theState party's next periodic report incor-porate information on the measures takenand progress achieved in the implemen-tation of the suggestions and recommen-dations made by the Committee in thepresent concluding observations.

Finally, the Committee recommends that inthe light of article 44, paragraph 6, of theConvention, the initial report andwritten replies presented by Ethiopia bemade widely available to the public at largeand that the publication of the report beconsidered, along with the relevantsummary records and the concludingobservations adopted thereon by theCommittee. Such a document should bewidely distributed in order to generatedebate and awareness of the Convention,its implementation and monitoring withinthe Government, the Parliament and thegeneral public, including concerned non-governmental organizations.

4 0

Imprimerie Abrax-Chentive-FrancePhotos: CICR: Pellissier/Gassmann

BEST COPY AVAILABLE 4 1

The World OrganisationAgainst Torture (OMCT)wishes to extend its deepestgratitude to the HansWilsdorf Foundation, theFondation de France andMisereor for their support tothe Children's Programme.

P.O. BOX 119 37-39, rue de Vermont CH 1211 Geneva 20 CICTel. +4122-733 31 40 - Fax +4122-733 10 51

Electronic Mail OMCIAP5OLINK.CH

RMT AVAII ARJF

U.S. Department of EducationOffice of Educational Research and Improvement (0ERI)

National Library of Education (NLE)Educational Resources Information Center (ERIC)

NOTICE

REPRODUCTION BASIS

8

ERIC

This document is covered by a signed "Reproduction Release(Blanket) form (on file within the ERIC system), encompassing allor classes of documents from its source organization and, therefore,does not require a "Specific Document" Release form.

This document is Federally-funded, or carries its own permission to_

reproduce, or is otherwise in the public domain and, therefore, maybe reproduced by ERIC without a signed Reproduction Release form(either "Specific Document" or "Blanket").

EFF-089 (9/97)