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United Nations Committee on the Rights of the Child - States Parties Reports |
UNITED
NATIONS |
|
CRC
|
|
Convention on the Rights of the Child |
Distr. GENERAL CRC/C/70/Add.7 23 March 2000 Original: ENGLISH |
COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER
ARTICLE 44 OF THE CONVENTION
Second periodic report of Ethiopia to States parties due in 1998* **
[28 September 1998]
____________________
*
For the initial report of the Government of Ethiopia, see document
CRC/C/8/Add.27; for its consideration by the Committee, see
documents
CRC/C/SR.349-351. The concluding observations of the Committee on the
initial report are contained in document CRC/C/15/Add.67.
** The
annexes referred to in the document may be consulted in the Secretariat’s
files.
GE.00-41179 (E)
CONTENTS
Paragraphs Page
List of acronyms
3
Introduction 1 - 6 4
I. GENERAL MEASURES OF
IMPLEMENTATION 7 - 26 5
A. Measures taken to harmonize national
law and policy
with the provisions of the Convention 7 -
10 5
B. Existing or planned mechanisms at national or local
level
for coordinating policies relating to children and
for
monitoring the implementation of the Convention 11 -
14 6
C. Measures taken to publicize the Convention 15 -
26 9
II. DEFINITION OF THE CHILD 27 - 35 15
III. GENERAL PRINCIPLES 36 - 39 17
IV. CIVIL RIGHTS AND
FREEDOMS 40 - 44 17
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
45 18
VI. BASIC HEALTH AND WELFARE 46 - 56 18
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES 57 -
62 22
VIII. SPECIAL PROTECTION MEASURES 63 -
95 24
A. Children in especially difficult circumstances 64 -
69 24
B. Services for displaced children 70 -
74 26
C. Children in conflict with the law 75 -
83 27
D. Children in situations of exploitation 84 -
95 29
IX. CONCLUSION 96 - 98 31
Statistical annex
33
List of acronyms
ANPPCAN-Ethiopia African Network for the
Prevention of and Protection Against
Child Abuse and
Neglect-Ethiopia
CRDA Christian Relief and Development
Association
CSA Central Statistical Authority
CYFAD Children, Youth and
Family Affairs Department
EPC Ethiopian Penal Code
FDRE Federal Democratic
Republic of Ethiopia
FGM Female genital mutilation
FSCE Forum on Street
Children - Ethiopia
HTP Harmful traditional practices
IEC Information,
education and communication
IMR Infant Mortality Rate
MMR Maternal
Mortality Rate
MOA Ministry of Agriculture
MOE Ministry of
Education
MOH Ministry of Health
MOIC Ministry of Information and
Culture
MOJ Ministry of Justice
MOLSA Ministry of Labour and Social
Affairs
NCTPE National Committee on Traditional Practices of
Ethiopia
NPA National Programme of Action
PHC Primary Health
Care
SNNPR Southern Nations, Nationalities and Peoples
Region
TBA Traditional birth attendant
TT2 Tetanus Toxoid
Introduction
1. The present periodic report for the period 1994-1998 was prepared
pursuant to the provisions of article 44.1 (b) of the Convention
on the Rights
of the Child by the Children, Youth and Family Affairs Department (CYFAD) of the
Ministry of Labour and Social Affairs
with the collaboration of the Ministries
of Education, Health, Justice, Information and Culture and the Ministry of
Economic Development
and Cooperation and with the participation of key
nongovernmental organizations (NGOs) working on child rights.
2. As
stipulated in article 44.3, this report does not deal with basic information
provided earlier but focuses on the implementation
of the Convention and
difficulties encountered therein. As suggested by the United Nations
Committee on the Rights of the Child
at its fourteenth session, information on
the suggestions and recommendations of the Committee are incorporated in the
relevant sections
of this report.
3. The Government of the Federal
Democratic Republic of Ethiopia (FDRE) has implemented a five-year development
programme which is
based on the gains made during the transition period in the
economic and social sectors. Owing to the implementation of the macroeconomic
and social policies formulated during the transition period, the economy has
shown marked improvement.
4. The declining economic growth rate has been
halted and in spite of the occurrence of drought and other natural disasters
(flood)
within the period under consideration, the rate of inflation has gone
down from 10 per cent (1992/93) to -6.9 per cent in 1996/97
(Ethiopian Herald - speech of the Prime Minister, 1997). This
is cited in order to indicate the level of change in policy implementation and
its results
and not to mask or belittle the deep-seated socioeconomic and
cultural problems which are still widely prevalent and not amenable
to rapid
changes despite all the good intentions and correct policy orientations of the
Government.
5. One of the principal subjects of concern (CRC/C/15/Add.67,
para. 12) of the Committee as well as the Government is the question
of poverty
and its negative effects on the situation of children. In this respect, within
available resources and to the extent
possible, the Government has made and
still continues to make maximum efforts to implement poverty alleviation
measures. Some of
the salient features of these measures incorporated in the
five-year development programme include the following: rapid development
of the
rural areas and attainment of self-sufficiency in food; provision of better
inputs for agriculture; expansion of small-scale
irrigation schemes; development
of animal husbandry; conservation and protection of the natural environment;
expansion of education
and health care in rural areas; expansion of economic
infrastructure, etc.
6. However, despite the adoption and implementation
of relevant economic and social policy measures during the past five years, the
challenges faced by the Government are still enormous. Nonetheless, through the
actions it has taken so far the Government has amply
demonstrated its commitment
to the realization of the provisions of the Convention. The main factors
hampering the implementation
of the Convention are economic underdevelopment,
scarcity of resources, limited administrative structures and certain traditional
practices and customs. In this effort, it as had the continued support and
assistance of international agencies and non-governmental
organizations during
the past years. Since the magnitude of some of the economic problems hampering
implementation of the Convention
is enormous, it welcomes the recommendation
made by the Committee on the Rights of the Child concerning the organization of
a meeting
of international organizations working in the country, including
agencies and organizations of the United Nations system, non-governmental
organizations and competent national authorities, with the aim of assessing the
needs for further international assistance with regard
to the protection of the
rights of the child.
I. GENERAL MEASURES OF IMPLEMENTATION
A. Measures
taken to harmonize national law and policy
with the provisions of the Convention
7. It was noted in
the initial report to the Committee that with certain minor changes, the major
Ethiopian laws and other policy
instruments are by and large sufficient to
implement the Convention, and that the necessary amendments would be worked out
at a later
stage. Accordingly a committee was established within the Ministry
of Justice and is engaged in the revision of some provisions
of the Civil and
Penal Codes which run counter to the provisions of the Convention. Some of
these are related to provisions for
a different minimum age of marriage between
girls and boys, corporal punishment of children, “light bodily
punishment”
as an educational measure, etc.
8. The minimum age of
marriage for girls at 15 years has already been contested by regional
women’s organizations at a conference
held at Mekele with the explicit
purpose of recommending the revision of legal provisions which negate the rights
of women and children
enshrined in the Constitution of the FDRE, the Convention
and other relevant United Nations conventions adopted by the Government of the
FDRE. Some of the major
issues discussed at this conference were related to
property rights of women, early marriage of female children and rape. The
conference
participants unanimously recommended that the minimum marriageable
age of young females, set at 15 years by article 581 (1) of the
Civil Code,
should be raised, and that it should be the same for both young males and
females. It was strongly recommended that
the punishment for persons who commit
rape, which is a serious offence, should be made more severe and the relevant
articles in the
Penal Code amended accordingly. Furthermore, the Ethiopian
Women Lawyers’ Association has conducted awareness-raising campaigns
on
such issues several times.
9. In short, there has been willingness on the
part of the Government to amend such provisions and the recommendation of the
Committee
(para. 27) are being addressed. Finalization will obviously follow
existing procedures of presenting the draft amendments to the
legal committee
and later to the House of People’s Representatives. Meanwhile, corporal
punishment has been forbidden in schools
by a directive issued by the MOE. This
is an interim measure which vividly shows the positive attitude of the
Government towards
the amendment of some provisions that are incompatible with
the Convention and the Constitution of the FDRE.
10. During the period
under review, the Developmental Social Welfare Policy prepared by the Ministry
of Labour and Social Affairs
has been adopted by the House of People’s
Representatives. The policy gives utmost priority to the welfare of children
and
indicates broad policy directions and strategies such as communitybased
approaches, planned and integrated methods of work and participation
of the
whole society in the implementation of developmental, preventive and
rehabilitative social welfare programmes within the country.
The strategy for
implementing the policy has been elaborated and is being finalized.
B. Existing or planned mechanisms at national or local level for coordinating policies
relating to children and for monitoring the implementation of the
Convention
11. Coordination between government institutions and NGOs
is being strengthened through the Children, Youth and Family Affairs Department
and the National Inter-Ministerial Committee at the federal level and through
the Child Rights Committees at the regional, zonal
and woreda levels.
With regard to combating child prostitution, coordination among NGOs is being
promoted through the establishment of a National
Steering Committee chaired by
MOLSA and composed of relevant government institutions (MOH, MOE, MOJ, MOIC,
Police Commission, Women’s
Affairs Office in the Prime Minister’s
Office), UNICEF, Save the Children Alliance, ANPPCAN and FSCE. The mandate of
NGOs
represented in the Steering Committee has been expanded recently to focus
on further networking activities among government and non-government
institutions.
12. The House of People’s Representatives organized a
symposium at Debre Zeit (1997) with the aim of establishing a Human Rights
Commission. The Commission, when established, is expected to be entrusted with
the task of ensuring the observance of children’s
rights. The action of
the House of People’s Representatives, which is the highest legislative
organ of the Government, is
a positive development in favour of child rights and
reinforces the recommendation of the Committee detailed in paragraph 25 of the
concluding observations of the Committee.
13. After the Debre Zeit
symposium a workshop was organized by the House of People’s
Representatives. This workshop took place
in Addis Ababa from 18 to 22 May
1998. At the workshop parliamentarians, representatives of the federal and
regional governments,
NGOs and international organizations presented preliminary
papers on relevant topics such as:
(a) Children and other vulnerable
groups (by MOLSA);
(b) Women and the benefits of the judicial system (by
the Ethiopian Women Lawyers’ Association);
(c) Human rights in
Africa (by the Inter-Africa Group); and
(d) The role of a Human Rights
Commission in the Ethiopian context (by Addis Ababa
University).
During the following week (25-29 May 1998), an international
conference on the “Establishment of the Ethiopian Human Rights
Commission
and the Institution of Ombudsman’s Office” took place. Relevant
papers on various topics were presented,
including “The place of child
rights in
the human rights and ombudsman system” presented by Peter Newell,
co-author of UNICEF’s implementation handbook for the
Convention and
Chairman of the Council of the Children’s Rights Development Unit in the
United Kingdom.
14. The establishment of appropriate mechanisms for the
regular and timely collection of data required for monitoring progress toward
the goals of the World Summit for Children is duly considered within the
implementation framework of the NPA. For this purpose,
as well as for the
purposes of assessing progress achieved in the implementation of the provisions
of the Convention, baseline surveys
incorporated within the NPA are being
undertaken. For instance, the following studies have been
conducted:
(a) A National Study on Child Abuse and Neglect was
undertaken by MOLSA and Italian cooperation in 1995;
(b) A study on
street children and dislocated families covering 25 major urban centres of the
country conducted by MOLSA. The study
report has been distributed to all
regions that are engaged, both on their own and with technical assistance from
the central Government,
in implementing small-scale projects aimed at improving
the welfare and livelihood of children in especially difficult
circumstances;
(c) A local NGO has finalized a study on “Child
Sexual Exploitation in Ethiopia: Law and Practice” (FSCE) and finalized
a
study on “Health and Psychosocial Aspects of Children Involved in
Prostitution” in the Merkato area of Addis Ababa;
(d) Another
local NGO (ANPPCAN-Ethiopia) undertook in 1994 a survey on the situation of
child rights in Ethiopia, and in 1996, the
same NGO conducted two studies,
namely, “A Study on Child Labour in the Informal Sector of Three Selected
Urban Areas”
and “A Study on Child Abuse and Neglect in Addis Ababa
Elementary Schools”;
(e) In 1994, a study on the complications of
female genital mutilation (FGM) during labour was conducted in six hospitals and
four
health centres in Addis Ababa and four hospitals in Harer and Dire Dawa by
the National Committee on Traditional Practices of Ethiopia
(NCTPE). A group
discussion on harmful traditional practices (HTPs) in general and FGM in
particular was conducted and the results
of the analysis have been
compiled;
(f) A KAP (knowledge, attitude and practices) study on female
circumcision covering all circumcisors and other persons in 40 kebeles
(lowest administrative unit) in Addis Ababa was undertaken by the NCTPE in
1995. A study on the negative effects of childhood marriage
and pregnancy
covering 2,000 households in North Shewa, Wollo, Gojam and Gondar was undertaken
in 1996. NCTPE also undertook a study,
“Towards the development of
community-defined strategies and intervention on the eradication of FGM and
HTPs”, in four
regions of eastern Ethiopia (Afar, Harari, Somali and
Eastern Oromia) using participatory Rural Appraisal methods which is one of
the
components of a UNICEF-assisted project. The preliminary report was completed
and the final report is under preparation;
(g) FSCE has collected
information on programmes and services provided for disadvantaged children with
the aim of providing adequate
information that will help to improve
interventions. Some of the research undertakings of FSCE were the
following.
Topic Status
Further studies are also planned by CYFAD
and NGOs. All surveys provide baseline data which are needed for planning
interventions
as well as for monitoring and follow-up of programmes under
implementation. This does not mean, however, that all areas covered
by the
Convention are treated nor that comprehensive adequate desegregated data for all
groups of children are available. Hence
the recommendation of the Committee
(para. 26) is quite relevant and shall be taken up by the National Child Rights
Committee monitoring
the implementation of the Convention, which will have to
review the data needs and request technical assistance from UNICEF and other
sources for undertaking further studies and follow-up surveys on vulnerable
groups of children;
(h) Action Research Training. FSCE has undertaken
research training for grass-roots staff members of organizations engaged in
child-focused
activities. The training programme lasted two years, and was
designed to equip project staff members assisting children with skills
in
problem identification, data-gathering, consolidation of information, analysis
and recommendation implementation to effect improved
performance of services
being rendered for children. The data collection was done using participatory
methods where the children,
the families and the communities are active
participants in matters affecting their lives so that programmes can be designed
on the
real and expressed needs of the children themselves. A total of 17
trainees drawn from 9 organizations participated in the training
programme,
which has helped the participants immensely in initiating, changing, monitoring
and evaluating the programmes and services
designed for children. Various
training sessions have also been
conducted by CRDA and Participating Agencies Collaborating Together (PACT).
For example, every year CRDA organizes about 30-35 training
sessions and
workshops that have direct and indirect impacts on children;
(i) An
assessment of the training, research and information needs of both governmental
and non-governmental child-oriented organizations
was conducted by FSCE with the
aim of finding out the priorities of the more than 50 organizations concerning
their training, research
and information needs. The findings of the assessment
are being compiled and on this basis FSCE will prepare plans for the years
to
come in the area of training, research and documents and information related to
children and family policies, programmes, proposals
and success stories worth
replicating. Currently, FSCE has over 500 copies of documents on children and
child-related issues which
are being used by staff members of child-oriented
organizations with the aim of bringing about marked improvements in the living
conditions of children in difficult circumstances;
(j) Training of
social Development Agents is being undertaken by regional governments where
subjects related to child welfare are
part and parcel of the curriculum. The
trainees are grass-roots workers in Amhara, Oromia and Tigrai regions.
C. Measures taken to publicize the Convention
15. Awareness-creating workshops, seminars and drama shows on the
Conventions were arranged by government institutions, mainly CYFAD,
for
teachers, members of the police, students, youth, women, elected leaders of
kebele administrations, religious leaders and community leaders. Various
sensitization programmes were undertaken for the society at large
through the
mass media, mainly radio, television and daily papers.
16. The Ministry
of Labour and Social Affairs produces and disseminates monthly newsletters and a
biannual publication entitled Yenegew Sew (The Future Generation).
These two publications focus on child welfare. Another biannual newsletter,
“Children’s voice”, is published
by
ANPPCAN-Ethiopia.
17. A number of sensitization workshops were conducted
for judicial personnel, law enforcement officials, childcare personnel, social
workers, medical personnel (e.g. the Association of Paediatricians) and the
university community.
18. Although not yet formally included in the
curriculum, the Convention has been widely disseminated to the school community.
The
school has been one of the priority areas for popularizing the Convention
and over the years both government institutions and NGOs
have given training on
child rights to a large number of teachers and students in Addis Ababa and other
regions. Workshops on the
Convention were also conducted through the Regional
Committees on the Convention on the Rights of the Child by sending teams to
different
places.
19. The Convention has been translated into 11 languages and into the
official language (Amharic) and distributed to the regions.
20. The
Ministry of Information and Culture has undertaken several activities aimed at
publicizing the Convention. Some of these
activities are summarized
below.
1. The Press
21. The daily Amharic paper Addis Zemen gives one full page in its
Sunday issue to popularizing the Convention and addresses other issues related
to children and mothers.
It also devotes half a column to population issues and
covers child-related meetings, conferences, etc. through articles and news
columns.
22. The Ethiopian Herald (English) and Beressa
(Oromiffa) present half-page articles once weekly and Alalem (Arabic)
twice weekly, on issues related to children and mothers.
2. Television
23. A biweekly 30-minute programme for children is screened in Amharic. The
shows deal with topics addressed in the Convention such
as child health, early
marriage, exploitation, disability, etc. Drama and plays for children are
screened occasionally at present,
but the Television Enterprise plans to
publicize each article of the Convention through drama and dialogue in the
future. The Enterprise
also screens educational programmes for youth once a
week in three languages, i.e. Amharic (35 minutes), Oromiffa (25 minutes) and
Tigrigna (20 minutes).
24. The police have a special TV programme
every Sunday mainly on child abuse and neglect including child labour,
trafficking, child
prostitution and related topics.
3. Radio
25. Radio Ethiopia continues to air separate radio programmes for children, youth and women in collaboration with government institutions and NGOs. In addition, Radio Fana has weekly programmes for children in Amharic (20 minutes) and Oromiffa (20 minutes) and programmes for youth in Amharic (90 minutes) and Oromiffa (90 minutes). Thus it uses 220 minutes of air time weekly for its programmes for children and youth. These programmes are primarily educational with the Convention as a major component.
4. Formal educational radio programmes
Subject
|
Grade
|
No. programmes
|
Hours
|
Amharic
|
1-6
|
6x28=168
|
42
|
English
|
1-6
|
6x28=168
|
42
|
Science
|
1-6
|
In 12 national/nationality languages
|
42x1=504
|
Social Studies
|
1-6
|
6x12=168
|
42x12=504
|
English
|
9
|
1x20=20
|
5
|
Amharic
|
9
|
1x20=20
|
5
|
Biology
|
9
|
1x20=20
|
5
|
History
|
9
|
1x20=20
|
5
|
Chemistry
|
9
|
1x20=20
|
5
|
Geography
|
9
|
1x20=20
|
5
|
|
Total
|
1 122
|
Distance Education Radio Programmes: 320 programmes x 20 minutes = 106.6
hrs.
26. With respect to non-governmental organizations, several NGOs
have carried out various activities aimed at promotion and dissemination
of the
principles and provisions of the Convention. NGOs have played a principal role
in publicizing the Convention through workshops,
publications, exhibitions,
bazaars and direct approaches to lower administration units and the community at
large. An overview of
the major activities undertaken by selected NGOs in
collaboration with government institutions is presented as follows:
(a) International NGOs, in particular Radda Barnen, Redd Barna and Save
the Children (UK) work closely with MOLSA in publicizing
the Convention through
the mass media and various other means. In some regions, Radda Barnen is
involved in intensive awareness-raising
activities in elementary and high
schools for the students and the school community;
(b) Workshops to
raise the awareness of the public about the contents of the Convention were
conducted by MOLSA, and Radda Barnen
and Redd Barna-Ethiopia for members of
relevant government institutions and local community organizations such as
health workers,
teachers, religious leaders, youth, women, etc.;
(c) As
stipulated in its Constitution, ANPPCAN-Ethiopia has carried out in
collaboration with MOLSA several awareness-raising activities that supplemented
the efforts
of concerned government organizations in the area of child rights
and protection of children against abuse, neglect and exploitation.
During the
period 1994-1998, it has conducted a series of workshops for members of Child
Rights Committees, school principals and
teachers, health professionals, social
workers, judges, prosecutors, policemen, journalists, religious leaders and
representatives
of organizations providing services for children in many parts
of the country. Workshops were conducted for 572 participants - in
four
regional and four zonal towns in Region 14, Amhara State, SNNPR Oromia and
Harari State and in North Shoa Zone, North and South
Omo Zones, Dire Dawa
Council, Eastern Harerghe Zone of Oromia and in North and South Gondar Zones.
The promotion of child rights
and prevention of child abuse and neglect require
continuous dissemination of information and sensitization by all available
means.
ANPPCAN-Ethiopia has tried to explain the main principles and provisions
of the Convention using simple and clear language with
illustrations, through
the following publications:
Publications issued by ANPPCAN-Ethiopia, 1994-1998
Published material
|
Date
|
Target
|
No. copies
|
Newsletter “Children’s Voice”
|
Sept. 1994
|
Child-centred organizations and members of ANPPCAN
|
2 000
|
Three types of posters on corporal punishment, nutrition and the opinion of
the child
|
July 1994
|
General public
|
9 000
|
Newsletter “Children’s Voice”
|
July 1995
|
General public
|
2 000
|
Pictorial booklet on the main principles of the Convention
|
Nov. 1995
|
Child-centred organizations and schools
|
3 000
|
Newsletter “Children’s Voice”
|
Nov. 1995
|
Child-centred organizations and members of ANPPCAN
|
2 000
|
Newsletter “Children’s Voice”
|
June 1996
|
"
|
2 000
|
Newsletter “Children’s Voice”
|
Dec. 1996
|
"
|
2 000
|
Republished pictorial booklet on the main principles of the
Convention
|
Feb. 1997
|
"
|
3 000
|
Pamphlet on corporal punishment
|
June 1997
|
General public
|
2 000
|
Newsletter “Children’s Voice”
|
June 1997
|
Child-centred organizations and members of ANPPCAN
|
2 000
|
Three types of posters in three different languages
|
Oct. 1997
|
General public
|
9 000
|
Newsletter “Children’s Voice”
|
Dec. 1997
|
Child-centred organizations and members of ANPPCAN
|
3 000
|
Newsletter “Children’s Voice”
|
June 1998
|
"
|
3 000
|
Pictorial booklet
(a) English version (b) the same booklet reprinted |
March 1996 April 1998 |
NGOs and Gos |
1 000 |
Pictorial booklet, Oromiffa version
|
June 1998
|
Oromiffa speakers
|
3 000
|
(d) In 1996 ANPPCAN-Ethiopia organized essay and drawing competitions on
child rights. A total of 884 and 159 children respectively
participated in the
competition which was announced through radio and newspapers. The winners of
the essay contest were awarded
prizes on the occasion of the Day of the African
Child (16 June 1996), whereas the winners of the drawing competition were
awarded
prizes in a special ceremony and selected drawings were displayed in an
exhibition at CYFAD which was open to the public for five
days. The best
drawings were also used as illustrations in a calendar printed in 500 copies. A
drawing competition on child rights,
and child abuse was organized in June 1998
in which 528 children participated and the winners were awarded prizes. The
best drawings
were displayed for three days;
(e) A drama on child
rights and child abuse and neglect was organized by ANPPCAN-Ethiopia in 1996, in
cooperation with an amateur
drama group. The drama was videotaped and the film
televised to the public twice by Ethiopian Television;
(f) To meet its
objectives of eradicating FGM and other HTPs, which are deep-rooted and widely
prevalent in the country, the NCTPE
undertook the following awarenesscreating
workshops and seminars during 1994-1996:
− Awareness-creation seminars for 18,002 students in 14 high schools and 2 junior high schools outside Addis Ababa;
− Sensitization programme for the school community where 27,233
students in 12 high schools and 3 junior high schools in four
regions (Region 4,
SNNPR, Region 14 and Region 3) were sensitized. Participants were provided with
posters, leaflets, brochures,
booklets and NCTPE newsletters;
− The production of a documentary film on infibulation by ZDF of Munich - a known television agency - with the assistance and close collaboration of the NCTPE;
− Intensive seminars on HTPs for Red Cross Youth and extension agents
in the MOA;
− Concerning HTPs, 28 different educational radio spots for schools and 4 weekend educational radio programmes for the general public were broadcast in nine local languages which is expected to cover 96 per cent of the school communities in the country. These programmes were aired by the 10 educational radio stations;
− A radio quiz programme for high school students sponsored by NCTPE was organized by the National Radio Enterprise. The programme was of great importance in sensitizing approximately 1,000 students on the spot and 56 million listeners of the programme;
− NCTPE produced different educational materials such as a video film on HTPs from the stage drama, a video film on early marriage, a montage video film, sound and slide show booklets in Amharic, Tigrigna and English, monographs I and II, several leaflets, newsletters, a brochure, poster, and sound and slide show in Amharic, Tigrigna and English;
− The “Child to Child” programme was introduced by NCTPE in two high schools in Addis Ababa;
(g) With regard to training on child rights during 1997 and 1998, ANPPCANEthiopia in collaboration with government institutions undertook training for 233 children and 290 teachers in 83 schools in Addis Ababa, and Child Rights clubs were established in 73 schools and 5 counselling committees were also formed. The clubs are engaged in sensitization of the rest of the school community using various methods;
(h) NCTPE has conducted Training Information campaigns aimed at socially influential target groups including religious leaders, community leaders, health workers, youth, women representatives, traditional birth attendants (TBAs), poets and artists at regional, zonal and woreda levels. Training of Trainers (TOT) was conducted for regions 1, 2, 3, 4, 6 and 14 and SNNPR. TOT covering 2,000 students in six teacher training institutes located in four regions (3, 4, 14 and SNNPR) was conducted in 1996. Follow-up, monitoring and evaluation of previous participants in training programmes were conducted in 7 zones (4 in Oromia region and 3 in Addis Ababa). NCTPE has established 10 regional branch offices that coordinate and undertake educational and sensitization programmes in their respective region. Thus, the suggestion of the Committee (para. 24) concerning training on the principles and rights enshrined in the Convention is being addressed by NGOs in collaboration with government institutions;
(i) In 1996, in order to participate actively in the implementation of the Convention, alongside the Government, an advocacy programme was started by HOPE (an indigenous NGO founded in 1971). The programme was designed to highlight the rights of children. Accordingly, in 1996 HOPE has taken the issue of child rights to the newspapers with nationwide distribution. In a featured article in the Reporter, the Amharic and English paper, HOPE addressed various concerns affecting various types of victimized children. A research-oriented quarterly publication, entitled “The Best Interest of the Ethiopian Child”, was launched in April 1997. The first issue focused on the development of child rights and the Convention in Ethiopia. It was reprinted by the Ethiopian Herald, the nation’s daily. In August the second issue, which focused on child prostitution in Ethiopia, was printed. The publication was circulated among 2,000 influential individuals in the country. The Ethiopian Herald again reprinted the article verbatim in series. The third issue, which discusses AIDS orphans, is ready for publication. Also in 1996 HOPE developed a lesson plan on the Convention for its schools from nursery to grade 8. In this exercise, care was taken to select what was appropriate for each grade and to design the implementation accordingly. After one year of experimentation, HOPE decided to include topics on child rights and present the same in social studies courses;
(j) The Convention has been incorporated in the curriculum of training centres for policemen and non-commissioned officers, and at the Police College for police officers. A training manual has been prepared and is being used by the training centers and the Police College;
(k) Efforts are being made by the Ministry of Education to include the Convention in the curricula of elementary schools, secondary schools and teacher training institutes.
II. DEFINITION OF THE CHILD
27. The Civil Code of 1960 defines the word “child” as a
“minor of either sex who has not attained the full age
of 18 years”.
This definition is compatible with that provided in the Convention. There are
also other laws such as the Penal
Code, Labour Law, etc. which fix various age
levels for specific purposes defined by such laws. However, these laws do not
affect
the principle of attainment of majority established by the Civil
Code.
28. For purposes of criminal liability, the Penal Code of 1957
classifies child offenders into three distinct age groups and prescribes
distinct measures for their reform and rehabilitation. The first group, called
“infants”, is totally exonerated from
application of the penal law
on ground of responsibility. According to article 52 of the Penal Code infants
not having attained
the age of 9 years are not criminally responsible for their
acts and where an offence is committed by an infant appropriate steps
may be
taken by the family, school or guardianship authority to ensure their proper
upbringing. The second group, addressed as “young
persons” in the
Penal Code, are children between the ages of 9 and 15 inclusive. For them, the
Penal Code provides special
punishments and measures upon conviction. They are
not subject to the ordinary penalties applicable to adults nor shall they be
kept in custody with adult offenders (art. 53). The third group is comprised of
young persons between the ages of 15 and 18 and
is treated under the ordinary
provisions of the Penal Code as having the full prima facie liability of persons
aged 18 and above
(art. 56 (4)). However, the Penal Code provides that
mitigation of the penalty is always permitted, the death penalty may never
be
imposed and, under certain conditions, the measures of the penalty scheme for
young offenders be applied in toto (arts. 56 (2), 118
and 182);
29. There are several circumstances in which a child may
be deprived of his liberty. According to the Criminal Procedure Code and
the
Penal Code the following circumstances warrant deprivation of liberty of child
offenders:
(a) Where the condition of the child offender involves a
mental health problem, the court is bound to order his admission to a suitable
institution (art. 162, Penal Code), where he is deprived of his
liberty;
(b) School or home arrest where the offence is of small
gravity;
(c) If the court finds that the character and disposition of
the child offender is bad, it may exercise its discretion in ordering
such child
offender admitted to a special institution designed for the correction and
rehabilitation of child offenders. According
to article 167 of the Penal Code,
the duration of the confinement cannot exceed five years and in no case be less
than one year.
The offender in a corrective institution should be provided with
general, moral and vocational education;
(d) Supervised education where
he is morally abandoned or is exposed to the danger of
corruption;
(e) Where the application of curative, educational and
corrective measures fail to bring about the reform and rehabilitation desired
for the child offender, article 170 of the Penal Code authorizes the court to
sentence the child offender. The sentence could be
a fine, corporal punishment
or imprisonment. Imprisonment as a penalty will not be ordered unless one of
the special measures has
been tried and has failed and it is also not mandatory
and the court may impose merely a measure of one of the lesser penalties even
where the conviction is for an offence defined as “serious”.
30. The penalty of imprisonment may be imposed when a young offender has
committed a serious offence which is normally punishable
with a term of rigorous
imprisonment of 10 years or more or with capital punishment. In such a case,
the court may order him to
be sent:
(a) Either to a corrective
institution where special measures for safety, segregation or discipline can be
applied to him in the
general interest; or
(b) To a penitentiary
detention institution, by which is meant an ordinary prison, if the court finds
the youth incorrigible and
is likely to be a cause of trouble, insecurity, or
corruption to others (art. 173 (1) EPC).
31. In imposing the
imprisonment penalty, the court is expected to determine the period of detention
to be undergone according to
the gravity of the act committed and having regard
to the age of the offender at the time of the offence. It shall not be for less
than 3 years and may extend to a period of 10 years (art. 173 (2)). The
principle of segregation is applied when the youth is sent
to a penitentiary
detention institution. However, owing to a lack of premises juvenile offenders
are in practice not kept separated
from adult prisoners.
32. A youth sent
to a corrective institution may subsequently be transferred to a penitentiary
institution, where his conduct or the
danger he constitutes render such a
measure necessary, or when he has attained the age of 18 years and the sentence
passed on him
is for a term extending beyond his majority. In such a case the
court shall, without restriction, take into account, in determining
the duration
of the detention to be undergone, the time spent in the corrective institution
and the results, favourable or otherwise,
thereby obtained (art. 173 (2)
EPC).
33. With regard to the administration of juvenile justice, the
Penal Code incorporates basic principles on administration of criminal
justice
such as the rule of no crime and no punishment without the law,
non-retroactivity, presumption of innocence, right to confrontation,
right
against self-incrimination, right to counsel, and right to review. In Ethiopia,
cases of child offenders are heard both in
regular courts and in a juvenile
court that was established in Addis Ababa in 1959, prior to the issuance of the
Criminal Procedure
Code of 1961. This court was empowered to hear and decide
cases of child offenders. Juvenile cases outside the capital city are
handled
by woreda courts.
34. In the Ethiopian penal system, there is a
special section of the penal law containing both substantive and procedural
rules exclusively
designed for juvenile offenders; and there are special
sections of the procedural law likewise designed for juveniles.
35. The
Criminal Procedure Code of Ethiopia, article 172 (1), provides that in cases
where a young person is involved in commission
of crime he shall be taken
immediately before the nearest woreda court (first instance court) by the
police, the public prosecutor, the parent or guardian or the complainant. An
arrest (“taking”)
warrant must be obtained in the manner prescribed
for adult cases. The police shall also make every possible use of summons in
order
to avoid the publicity and the adverse psychological effects on the
juvenile which are inherent in the use of arrest. Provisions
related to
hearings, the juvenile’s right to counsel, treatment measures in case the
juvenile is convicted, etc. were elaborated
in detail in the initial report on
the implementation of the Convention. Hence the spirit of the Penal Code
pertaining to juvenile
offenders, except those provisions relating to corporal
punishment, are on the whole in conformity with articles 37, 39 and 40 of
the
Convention. So the problem lies not in the lack of appropriate provisions, but
rather in the inadequacy of administrative and
judicial infrastructure.
III. GENERAL PRINCIPLES
36. In matters pertaining to the child’s welfare “the best
interests of the child” as a general principle is incorporated
in the
Civil Code. Articles 681 (1) and 304 of the Civil Code are good examples for
the incorporation of these basic principles
and rights in the Civil
Code.
37. The Civil Code of 1960 incorporates a number of provisions that
make up the principle of “the best interests of the child”.
It is
particularly mentioned in relation to the appointment of guardians and tutors to
the child, placing him in custody in the
event of dissolution of marriage,
choice of type of education, income, conditions for approval of adoption and
other similar issues
pertaining to the child’s welfare. For instance,
according to article 681 (1) of the Civil Code, “the custody and
maintenance
of children born of the marriage shall be regulated having regard
solely to the interest of such children”.
38. The right to life,
survival and development, respect for the views of the child and
nondiscrimination in the exercise of civil,
political or property rights are
guaranteed by the Constitution, the Civil Code and the Penal Code as described
in the initial report on the implementation of the Convention. However ensuring
the right to survival and development, though guaranteed by the Constitution and
other laws, is in practice hampered by economic underdevelopment, widespread
poverty and inadequacy of basic social infrastructure.
The Government of the
FDRE is doing its best to change the living conditions of the population, of
whom children and women constitute
the majority, through adoption and
implementation of relevant macroeconomic and social policies.
39. Another
aspect of the commitment of the Government to the right to survival and
development of Ethiopian children is the increased
budgetary allocation for
primary health care (PHC) and basic education.
IV. CIVIL RIGHTS AND FREEDOMS
40. According to article 37 of the Civil Code the birth of a child has to be
declared and registered with the commune where the child
is born within 90 days
following his/her birth. This provision is not yet implemented, especially in
rural areas, owing to the lack
of adequate infrastructure. The need for birth
registration is, however, well understood by the Government and paragraph 29 of
the recommendations of the Committee is compatible with the perspectives of the
Government. Accordingly, mechanisms for introducing
birth registration are
being studied.
41. The right of the child to freedom of expression, freedom
of thought, conscience and religion and freedom of association and of
peaceful
assembly are ensured by the Constitution of the FDRE in articles 27-31. The
participation of children in the family, school and social life is being
promoted by MOLSA in
cooperation with child-centred NGOs and concerned
government institutions. This is especially manifested in the participation of
children in drawing, poem and essay competitions at the national and
international levels and in their participation in the regular
weekly radio
programmes for children.
42. Awareness-raising programmes promoting the
participation of children are also conducted regularly through the mass media.
A notable
example in this regard was the presence of representatives of children
from all regions at a joint session of both Houses of People’s
Representatives in 1996, and the discussion they held with the Prime Minister
during the same period.
43. This was not a one-time event. On 16 May
1998, the Day of the African Child was celebrated, once again in the House of
People’s
Representatives with the direct participation of representatives
of children from all regions, parliamentarians, ministers, commissioners,
and
representatives of NGOs. The theme of the meeting was “Protect Children
from Abuse and Neglect”. Discussions between
children and
parliamentarians took place and several questions concerning the Convention were
raised by the child participants to
which responses were given by ministers
representing the social sector. A declaration was issued by the representatives
of children
who condemned strongly the massacre of innocent schoolchildren and
civilians at Mekele and Adigrat by the air attack of Eritrea and
called for the
rehabilitation of children and families displaced by the war and the immediate
cessation of hostilities between the
two countries.
44. As noted by the
Committee, however, (para. 30), a lot of effort has still to be exerted by all
concerned parties in Ethiopia to
expand and promote the level and scope of
participation, especially of children in rural areas.
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
45. The provision of the Civil Code regarding consent of parents to adoption
and the advantages of adoption for the adopted child,
the conditions for
approval of adoption by the court in the best interests of the child, etc. are
in conformity with article 21 of
the Convention. Furthermore, the Government
has issued a guideline on adoption which ensures the appropriate implementation
of the
provisions contained in the Convention and national law. In addition,
MOLSA has already presented its views to the appropriate bodies
concerning
consideration and ratification of the Hague Convention on the Protection of
Children and Cooperation in Respect of Intercountry
Adoption of 1993.
VI. BASIC HEALTH AND WELFARE
46. In accordance with the main principles and strategies elaborated in the
Health Policy (1993) and the Health Sector Strategy (1994),
the Government
has given due attention to the development of a primary healthcare system.
Accordingly, the former six-tiered health
system infrastructure is being
restructured into a four-tier system with the primary healthcare unit (a health
centre with five satellite
community health posts) envisaged to serve a
population of 25,000. The role of the district hospital will be changed to
support
the primary healthcare units.
47. To staff the primary healthcare
units a new cadre of health workers, namely health officers, are being trained
in five new schools
located in five regions. Health posts under the new scheme
will be built on a large scale, and many of the former “health
stations” are being upgraded to health centres.
48. During the past
five years, the main effort of the MOH was directed at developing a number of
health sector policy and strategy
documents which are under various stages of
implementation. Decentralization of the health system to the regional, zonal
and district
(woreda) levels, restructuring of the health system,
development of the relevant mid-level health personnel, strengthening the policy
guidance
on private sector involvement in health care, formulation policy
guidelines on population strategy, essential drugs and other related
pharmaceutical issues, etc. have been and in some cases, are still ongoing
activities of the MOH. But in spite of these developments,
the current health
service system is inadequate to meet the health needs of the population and the
effects of the new policies have
yet to be realized.
49. As a result
there are still no marked improvements in some of the major indicators of
children’s health status, and in health
service coverage. For example,
PHC service coverage is still around 45 per cent, the infant mortality
rate (IMR) is currently estimated
to be between 105 and 128 per 1,000, and the
maternal mortality rate (MMR) is between 500-750/100,000 live births. However,
immunization
coverage has improved. For instance, the percentage of oneyear-old
children fully immunized against polio was 28 per cent in 1993,
whereas it was 67 per cent in 1997. The coverage for the other
vaccine-preventable infections has also greatly improved (please
see annex). It
has to be noted that in line with the aim of eradicating polio from the globe by
the year 2000, the MOH conducted
a massive campaign for polio immunization in
1997 with the active participation of community-based organizations
in 28,975 static
and outreach sites.
50. The campaign was
undertaken in all regional states and had the objective of vaccinating 8.5
million children in two rounds of
three consecutive days each. Vitamin A was
also distributed. This is an important measure since the regular conduct of
National
Immunization Days for polio vaccination, as well as the distribution of
Vitamin A, can contribute to a reduction of 30 per cent in
morbidity
and mortality among children under five years of age.
51. In order
to translate the Health Policy (1993) into practice various activities have been
undertaken. The MOH has prepared a
20-year long-term Health Development Plan
framework. The first five-year phase of the Health Sector Investment programme
for the
period 1998-2002 has been finalized and is ready for implementation with
the assistance of the international community. The main
objective of this first
phase of the programme is to develop a financially and managerially sustainable
health system which will
provide comprehensive and integrated primary care
services based on community-level facilities. The services provided by these
facilities
will emphasize preventive and promotive aspects of health care while
not neglecting essential curative services. The focus will
be on communicable
diseases, common nutritional disorders and on environmental health and hygiene.
Improving the quality of reproductive
health care, immunization, the treatment
and control of basic infectious diseases like upper respiratory tract infections
and tuberculosis,
the control of epidemic diseases like malaria and diarrhoea,
and the control of sexually transmitted diseases including HIV/AIDS,
will
receive special attention.
52. The Health Sector Development Programme (a
20-year programme) provides proposals for health service improvement and the
initial
expansion of health facilities and programmes to achieve universal
access to essential primary health-care services within the next
two
decades.
53. Malaria, TB and HIV/AIDS are currently the leading causes of
death in Ethiopia. HIV/AIDS in particular is a major threat to the
welfare of
children. Current MOH data show that the adult prevalence has increased from
3.2 per cent (1993) to 7.4 per cent (1997).
This means that
in 1997, there were 2.4 million adults and 150,000 children under the age of
five infected with HIV (AIDS in Ethiopia, Epidemiology and AIDS
Departments, MOH, Second Edition, 1998). Adult HIV prevalence is projected to
increase to 9 per cent by 2006
and then stabilize at that level. AIDS
will increase the death rate at all ages. However, the impact will be most
severe among
young adults and children under the age of five whose mortality
rate may double by 2009 due to HIV-related deaths.
54. One of the worst
impacts of AIDS deaths on young adults is an increase in the number of orphans.
The number of AIDS orphans could
increase to 620,000 by 2000 and to 1.8 million
by 2009. Such a large number of orphans will create serious strain and
will be an
increased burden for the extended family, the community and the
society at large.
55. The Government of the FDRE has developed a national
policy on HIV/AIDS, which was adopted by the Council of Ministers in August
1998. The policy is designed to guide the implementation of successful
programmes to prevent the spread of HIV and AIDS, to care
for those with AIDS
and to reduce the adverse socio-economic consequences of the disease. It calls
for the participation of all
sectors of society including Government, NGOs,
private sector organizations, religious groups, trade unions, professional
organizations,
etc. in the prevention and control programme. In light of these
developments it could be stated that the recommendations of the
Committee
concerning the development of a primary healthcare system (para. 28) is being
implemented by the Government.
Children with disabilities
56. There are over 11,000 children with
disabilities (mainly polio victims) registered with Cheshire Home in the past 10
years. The
type of services provided and the number of beneficiaries is
summarized in the following table.
Services provided by Cheshire Home for children with
disabilities,
1992/93-1996/97
Home
|
1996/97
|
1995/96
|
1994/95
|
1993/94
|
1992/93
|
Admissions
|
146
|
110
|
112
|
80
|
62
|
Discharges
|
155
|
105
|
82
|
68
|
78
|
Average length of stay
|
5 months
|
5.8 months
|
4.6 months
|
4.1 months
|
4.1 months
|
POP treatments/patients
|
926/172
|
808/110
|
862/109
|
554/54
|
535/52
|
Operation (ESCH/Balcha
hospital) |
404.163
|
134/77
|
96
|
22
|
26
|
Addis Ababa
|
|
|
|
|
|
Kolfe
|
297
|
215
|
195
|
197
|
198
|
Arada
|
310
|
207
|
213
|
227
|
212
|
ESCH + Kazanches
|
502
|
388
|
377
|
356
|
368
|
ESCH POP
Treatments/patients |
277/61
|
270/32
|
297/40
|
433/32
|
207/36
|
ESCH new polio cases
|
188
|
142
|
118
|
112
|
107
|
TDH POP
Treatments/patients |
81/16
|
309/49
|
190/32
|
141/33
|
-
|
ESCH new nonpolio cases
|
54
|
41
|
28
|
34
|
31
|
Developmental Clinic
|
102
|
95
|
134
|
105
|
-
|
ESCH province polio cases
|
680
|
466
|
426
|
356
|
321
|
Outreach/mobile
|
|
|
|
|
|
Mobile trips
|
|
|
11
|
10
|
8
|
Old polio
|
|
807
|
760
|
454
|
484
|
Old non-polio
|
|
241
|
187
|
99
|
118
|
New polio
|
273
|
285
|
158
|
102
|
83
|
New non-polio
|
206
|
185
|
99
|
64
|
45
|
Follow-ups polio cases
|
799
|
|
|
|
|
Follow-ups non-polio cases
|
253
|
|
|
|
|
Advice given
|
342
|
268
|
191
|
101
|
95
|
Total patients seen
|
4 307
|
3 514
|
3 187
|
2 387
|
2 236
|
Source: Cheshire Home.
Notes: ESCH -
Ethio-Swedish Children’s Hospital
TDH - Terre des
Hommes
POP - Plaster of Paris.
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
Education
57. The New Education Policy and Strategy which
focus on the expansion of pre-school and primary education are being implemented
by
the Government. As part of the implementation of the policy, the primary
school curriculum and instructional materials have been
revised and made more
relevant to the needs of the pupils. The planning and management of primary and
secondary education has been
decentralized to the regional level. A five-year
Education Sector Development Programme has been finalized and is ready for
implementation
with the assistance of the international
community.
58. The participation rate at pre-school level is still low as
shown in the following table:
Data on pre-school education (1994-1997)
Year
|
1994
|
1995
|
1996
|
1997
|
Enrolment
|
66 086
|
70 255
|
73 888
|
78 889
|
Teachers
|
1 638
|
1 890
|
1 903
|
1 981
|
Schools
|
652
|
678
|
703
|
753
|
Pupil/teacher ratio
|
40
|
37
|
39
|
40
|
Participation rate (%)
|
1.2
|
1.2
|
1.2
|
-
|
Source: Ministry of Education.
59. The percentage of boys
and girls enrolled in primary schools during 1996/97
was 37.1 per cent and 22.8 per cent respectively
whereas
the proportion of both sexes enrolled in primary schools was
30.1 per cent. The curriculum at this level has been changed and
since
1995/96 a relevant curriculum has been implemented. The
participation rate has also increased as shown in the following table.
Data on primary education (1994-1996)
Year
|
1994
|
1995
|
1996
|
Enrolment
|
2 283 634
|
2 722 192
|
3 380 680
|
Teachers
|
75 736
|
83 113
|
89 189
|
Schools
|
8 674
|
9 184
|
9 704
|
Participation rate (%)
|
22.9
|
29
|
30.1
|
Pupil/teacher ratio
|
30
|
33
|
38.0
|
Source: Ministry of Education.
Basic data on secondary education (1994-1996)
|
1994
|
1995
|
1996
|
Enrolment
|
|
|
|
Junior secondary
|
357 428
|
376 230
|
407 851
|
Senior secondary
|
357 194
|
370 916
|
402 753
|
Teachers
|
|
|
|
Junior secondary
|
10 611
|
11 544
|
12 938
|
Senior secondary
|
10 987
|
11 235
|
12 143
|
Schools
|
|
|
|
Junior secondary
|
1 167
|
1 219
|
1 304
|
Senior secondary
|
303
|
327
|
346
|
Pupil/teacher ratio
|
|
|
|
Junior secondary
|
34
|
33
|
32
|
Senior secondary
|
33
|
33
|
33
|
Source: Ministry of Education.
60. Owing to several
socio-cultural factors the proportion of girls enrolled in primary schools is
still lower than that of boys.
However, several strategies have been initiated
by the MOE to promote the education of girls, to increase enrolment at lower
levels,
and to decrease the dropout rate among girls. Such measures include
sensitization campaigns through the mass media, provision of
counselling
services, adapting the school calendar to peak periods of demand for child
labour in rural areas, introduction of labour-saving
technologies such as
grinding mills close to the schools, construction of separate toilet facilities
for boys and girls in schools
and sensitization campaigns at the community level
on the importance of sending girls to school. At the tertiary level, the
Ministry
of Education has issued a directive which provides for
20 per cent of university entrants to be girls. The cumulative grade
point
for joining the university has been made lower for girls compared to
boys.
Leisure, recreation and cultural activities
61. The
activities of the former Ministry of Culture and Sports have been merged with
those of the Ministry of Information and Culture.
The reorganized Ministry of
Information and Culture, in pursuance of the provisions of the social policy of
the Government, still
continues to undertake activities related to sports,
recreation and culture as elaborated in the initial report submitted to the
Committee. Other than these regular activities of the Ministry of Information,
entertainment programmes are also conducted through
the educational radio
stations run by the Ministry of Education.
62. The number of hours of
weekend entertainment/educational radio programmes directed at students of
grades 1-9 by each regional
educational radio station was set at 5 hours/week,
20 hours/month and 240 hours/year. For the five stations this amounts to
an annual
transmission of 1,200 hours of such programming. Furthermore, the
Child and Youth Recreation Centre, the Marshall Arts Centre School
Clubs at
grass-roots level and children’s corners in hotels have been established
by NGOs. As mentioned earlier, the NCTPE
has undertaken various activities
aimed at combating and eventually eliminating harmful traditional practices in
the country which
are detrimental to the health and welfare of children.
VIII. SPECIAL PROTECTION MEASURES
63. Special protection measures in line with the provisions of the Convention
and other Ethiopian laws are being provided to children
in especially difficult
circumstances, children in conflict with the law and children in situations of
exploitation. For children
deprived of their family environment the Government
and concerned NGOs provide special protection and assistance in the form of
community-based
support programmes, family support, sponsorship, institutional
care, family reunification and adoption services. For instance, out
of 147
members of the CRDA, about 45 per cent are directly or indirectly
involved in childcare/welfare programmes. In 1997 alone
over 1,700
beneficiaries were supported through CRDA funding of projects and programmes
undertaken by its member organizations.
A. Children in especially difficult
circumstances
Programmes for street children
64. The rehabilitation and
prevention project for street children, which is a joint project of MOLSA,
Italian Cooperation and Radda
Barnen, provides both preventive and
rehabilitative services for about 1,100 children in especially difficult
circumstances in Addis
Ababa. The programme components of this joint project
include: Education, Recreation, Health Counselling, Vocational Training,
Temporary Shelter and Credit Scheme for destitute parents.
65. A total of
US$ 13 million has been pledged by UNICEF and the Italian Government in a
tripartite agreement with MOLSA for the expansion
of preventive and
rehabilitative services for street children in the country. Currently, projects
worth US$ 3 million are being
implemented in Addis Ababa, Bahir Dar,
Mekele, Nazareth and Shashemene.
66. Redd Barna continues to rehabilitate
street children and to reunite those at risk of streetism with their families
through provision
of counselling, job training and credit schemes for parents.
It also gives support for the establishment of the specialized financial
and
promotional institution (SFPI), which gives credit to low-income
families.
Institutional care
67. MOLSA, and 49 NGOs still
provide institutional care as described in the initial report. NGOs such as
Missionaries of Charity,
the Ethiopian Orthodox Church, the Ethiopian
Evangelical Church Mekaneyesus, the Catholic Secretariat and muslim
organizations provide
services for children in especially difficult circumstances. The
Missionaries of Charity and OSSA (Organization for Social Services
for
AIDS) in particular provide services for
AIDS orphans.
Child-family reunification
68. For over
a decade, governmental and nongovernmental organizations have been reunifying
unaccompanied and abandoned children.
The need for harmonizing the procedures
and processes of all reunification programmes has therefore resulted in the
issuance of “ChildFamily
Reunification Guidelines” by the Children
and Youth Affairs Organization in May 1997. The objectives of the
Guidelines are:
(a) To provide comprehensive operational strategies
and procedures for the implementation of child-family reunification (CFR)
programmes
in accordance with the principle of “the best interests of the
child”;
(b) To encourage those agencies that are engaged in
institutional childcare programmes to redirect their priority towards preventing
the separation of children from their family environment and to promoting family
or communitybased childcare programmes;
(c) To standardize procedures
and implementation strategies at the national level so as to minimize
diversified approaches that are
being used by various governmental and
nongovernmental organizations. Towards this end, the Guidelines incorporate an
implementation
strategy using CFR standing committees, guiding principles and
the steps to be followed in the reunification programme. In 19971998,
MOLSA
reunified over 1,200 children with their families.
Communitybased child support programmes
69. The social reintegration of child victims of
the war between the Derg and the Liberation Fronts was conducted in the past
through
the application of communitybased approaches. Many NGOs, including
FSCE, currently run communitybased integrated childfocused projects
in all
regions. For example, the projects run by FSCE provide the children the
opportunity to express their feelings in project
activities. They are given the
chance, as equal members of the community, to participate in programme
development, implementation
and project activities. The components of the FSCE
programmes at the various sites are as follows:
(a) In Addis Ababa,
300 children and their lowincome families are supported by the project
through provision of: counselling (group
and individual); school support in the
form of fees and school materials; play and recreation activities; tutorial and
study programme;
savings and credit scheme for the families. A communitybased
organization that will take over the programme when the project terminates
is
being initiated by FSCE;
(b) In Nazareth:
− 150 poor children who are out of school are involved in a nonformal education programme at the centre established by FSCE, and are provided with educational materials;
− 150 lowincome women with children are involved in a “trickleup” conditional grant programme, of whom 145 have paid and saved the required amount and will be provided with a matching fund to initiate a savings and credit programme;
(c) In Dessie:
− 300 children are involved in nonformal education;
− 200 children participate in a study and tutorial programme;
− 300 low-income women are involved in a savings and credit programme;
− More than 5,000 children have been registered for immunization;
(d) In Dire Dawa:
− 300 children are included in the nonformal education programme;
− 100 women are involved in the savings and credit programme;
− 150 street children are supported with school fees and educational materials and provided with recreational services.
B. Services for displaced children
Refugee children
70. During the period under discussion, Ethiopia
has sheltered and cared for 300,000400,000 refugees from neighbouring Sudan
and Somalia
and still continues to do so. The Administration for
RefugeeReturnee Affairs in collaboration with UNHCR provides essential services
to refugees such as food, shelter and health services. In the case of schoolage
child and youth refugees, the Administration has
arranged for their education at
various levels including attendance at higher educational institutions and
vocational training centres.
Accordingly, for the period 1993/94-1997/98 a
total of 16,150 refugee children attended school, i.e. 2,800 at kindergarten,
13,000
at elementary and 350 at secondary level.
71. In 1995 the NCTPE
through its IEC project at Jijiga conducted refresher courses for previous TBA
trainees in the refugee camps
and undertook followup, monitoring and evaluation
of previous activities.
72. A pilot study was conducted in Hartshiek
refugee camp in 1996 within the NCTPE/UNHCR IEC Jijiga project. The study has
developed
and tested experimental programmes including workshops and production
of educational materials in which the experimental programmes
and materials,
after being evaluated, will be shared with other refugee camps.
73. For
the past nine years, Radda Barnen has provided support to thousands of Sudanese
refugee children. In the three camps in Gambella
region, Radda Barnen is
providing support to the most vulnerable groups of children, in particular
unaccompanied minors, children
with disabilities and girls. The major programme
components are education, specifically training of teachers and provision of
resource
centres, including pedagogical materials, and psychosocial support.
The latter includes providing care arrangements for unaccompanied
minors and
facilitating the rehabilitation of children with disabilities along with various
awarenessraising activities.
Displaced children
74. In 1996-1997 a substantial number of
children in droughtaffected areas of northern, eastern and southern Ethiopia
were provided
with supplementary food. The ongoing war with Eritrea since
May 1998 has resulted in the death of innocent schoolchildren and civilians
in two major urban centres of Tigrai Regional State, the death and injury of
hundreds of civilians at the three border sites invaded
or attacked by the
Eritrean Government Armed Forces, and the displacement of thousands of families
along the long border between
the two countries. The Government of the FDRE,
international and local NGOs and the whole society at large are mobilized and
have
continued to offer muchneeded assistance in the form of food, shelter and
medical services to the displaced and injured children
and their families. A
national committee has been formed to coordinate and oversee the implementation
of the contributions of the
general public for the assistance and rehabilitation
of those displaced by the war.
C. Children in conflict with the law
Juvenile offenders
75. The cases of juvenile offenders are heard in
a special court in Addis Ababa. One additional remand home for juvenile
offenders
is being built at Bahir dar in accordance with the work plan
elaborated in the NPA which envisaged the establishment of two more
remand homes
for boys and girls in two towns by the year 2000.
76. Police officers and
policemen have been sent twice to South Africa in 1997 to attend an
experiencesharing and training workshop
on handling juvenile
offenders.
77. A team composed of the VicePresident of the Supreme Court,
the Registrar of the Court, the Deputy Commissioner of the Addis Ababa
Police,
and representatives of the MOJ, MOLSA and FSCE visited the Netherlands, Scotland
and England in 1998 for experiencesharing
on criminal justice and the handling
of young offenders. This visit was sponsored by Radda Barnen, Redd Barna
and the Embassy of
the United Kingdom in Ethiopia.
78. Another
notable measure in connection with the protection of juvenile offenders detained
at police stations is the establishment
of childcare and protection units in
10 police stations in Addis Ababa undertaken by the Addis Ababa Police
Commission in collaboration
with Radda Barnen and FSCE, and the training of
police officers and other members of the police in the proper handling of
juvenile
offenders. Radda Barnen has funded this project for the past three
years and has been involved in its implementation together with
FSCE.
79. The objectives of the child protection programme
are:
(a) To improve the treatment of children by the police in police
stations as well as on the street;
(b) To ensure the protection of
children from various types of abuse;
(c) To involve the police in
prevention programmes aimed at reducing juvenile delinquency and child
abuse.
80. Towards these ends, a number of activities have been
accomplished including:
(a) Establishment of a coordinating office in
Region 14 Police Commission;
(b) Preparation and use of a working
guideline or procedure manual for staff working in the child protection units,
and training
of the staff on the application of the guideline.
81. A
total of 411 child offenders and 270 abused children were handled by the child
protection units in 1997, of whom:
246 were reunified with their families
123 were released from custody
45 were sent to regions
54 were sent to dropin centres
24 were admitted to the remand home
and 189 remained in police custody
up to December 1997 but have by now
been released by signing bail bonds or through other means.
82. The
number of children benefiting from such measures is still small compared with
the total number who need special protection
measures. This situation calls for
intensification of efforts and the expansion of more preventive activities by
government institutions
in collaboration with international organizations and
NGOs.
83. As mentioned earlier the Convention has become part of the
legal system of the country. The Civil Code and Penal Code have ample
provisions that are compatible with articles 27, 39 and 40 of the
Convention. Without any bias for the need for some amendments
in the national
laws, it appears that the critical problem affecting the implementation of the
Convention and other Ethiopian laws
is the poor socioeconomic condition of the
country and the absence of adequate and effective implementation mechanisms.
This is
not an apology for inaction but rather to focus on the priority measures
needed for better implementation of the Convention. Some
of the measures needed
pertain to massive education of the existing law enforcement personnel and all
those involved in the administration
of juvenile justice, capacitybuilding, and
establishment of the necessary administrative infrastructure at all levels.
With this
in view, the recommendation of the Committee that the Government avail
itself of technical assistance programmes of the Office of
the High Commissioner
for Human Rights and the United Nations Crime Prevention and Criminal
Justice Programme is well taken.
D. Children in situations of exploitation
1.
Child labour
84. Child labour in traditional societies is a multifaceted issue that ought
to be considered from the legal, social, economic and
cultural perspectives.
The Labour Proclamation No. 42/1993 and the Civil and Penal Codes of 1960
and 1957 respectively have provisions
that are fully compatible with
article 32 of the Convention. The Labour Proclamation prohibits the
employment of a child under
14 years of age (art. 82 (2)).
Children between 14 and 18 years of age are categorized as young workers
and the Proclamation provides
that this category of children can work under
strict conditions, such as working not more than seven hours per day,
prohibition of
overtime and night work and provision of weekly rest and rest on
public holidays. The Proclamation requires MOLSA to legally prescribe
lists of
dangerous operations that are detrimental to the health of working
youth.
85. From the economic standpoint, the problem of child labour in
both rural and urban areas is primarily a result of poverty and unemployment.
From the sociocultural perspective the work of children for their families is
not seen as an exploitative relationship or as detrimental
to their growth and
development but is accepted as one of the principal means to impart basic family
skills and responsibilities
at an early stage. It is considered as a necessary
element of the upbringing, training and socializing process towards adulthood.
Thus, “child work” should be strictly separated from “child
labour”.
86. This distinction and the legal instruments in place
are consistent with the ILO Minimum Age Convention, 1973. The Committee on
the
Rights of the Child has recommended the ratification of ILO Convention
No. 138 by the Government of Ethiopia. In line with the
suggestions of the
Committee, the issue is currently under review at the Office of the
Prime Minister before its submission to Parliament
for
ratification.
87. The problem of child labour should be treated in the
context of the local resources, capacities and peculiarities of each country.
The following are some of the measures taken by the Government in the last four
years:
− Two national workshops were conducted. The second workshop was organized in order to deliberate on the draft national policy on child labour. Out of 16 action programmes proposed by the workshop participants, 3 were selected by ILO/IPEC and are now under implementation as national child labour programmes;
− The Government has given considerable attention to the issue of children for which it has made the necessary consultation with ILO so that Ethiopia can be one of the ILO/IPEC participating countries. Furthermore the Government had petitioned ILO/IPEC for the necessary assistance to undertake a national child labour survey.
2. Sexual exploitation and abuse
88. In recent years, owing to the sensitization campaigns undertaken by
government institutions and NGOs, some cases of child abuse
are being reported
to the police, to MOLSA, to ANPPCAN and to the Ethiopian Women Lawyers’
Association. In addition, courts
are now giving priority attention to such
cases and gave speedy decisions and quite stiff penalties compared to previous
years and
satisfactory coverage was given to such crimes by the mass media,
especially by the police newspaper and radio programme as well
as through
Radio Ethiopia and the Television Enterprise.
89. As mentioned
earlier, child protection units have been set up in 10 police stations in
Addis Ababa. Such units are now serving
as focal points for delivery of
services to juvenile offenders and abused children. ANPPCAN-Ethiopia provides
counselling services
for these children. Recently, the number of cases of child
abuse referred to ANPPCAN has increased. For example, in Addis Ababa,
in
the month of January 1998 alone, the number of cases of child abuse
referred to ANPPCANEthiopia had reached 10.
90. The public information
campaigns on child rights were discussed in chapter I, section C. The
National Steering Committee on Child
Prostitution is one mechanism that has
proved useful in coordinating the activities of several NGOs and government
institutions.
91. Radda Barnen has been operating a dropin centre for
street girls in Addis Ababa since 1995. It also runs a support
programme
for girls in prostitution in woreda 2, kebele 17.
The capacity of the programme is limited to 30 girls. The services offered
include shelter, food, health care, recreation,
education, family reunification
and counselling.
92. A preventive and support programme for young girls
in prostitution was also undertaken by FSCE in woreda 6, kebele 4,
in Addis Ababa. The objective of the programme is to enable the target
girls to support and protect themselves from different
forms of abuse and
diseases and lead a productive life and to create awareness among community
leaders, schools, policy makers, government
and public organizations and the
community at large on sexual exploitation of children. The support programme
covers 100 sexually
exploited girls at a dropin centre in kebele 4. The
services rendered comprise:
Non-formal education;
Sanitation, washing and laundry services;
Medical support;
Health and sex education in collaboration with the Family Guidance Association of Ethiopia;
Dissemination of information on HIV/AIDS to help them develop the practice of riskreducing behaviour;
Skills training such as embroidery, drama and hairdressing;
Incomegeneration programme;
Outreach programme;
Family reunification; and
Recreational facilities.
The preventive programme consisted of public education at grassroots
level in Addis Ababa, twice in woreda 5, twice in woreda 6
and once in woreda 7.
93. In two high schools girls clubs were
formed which provide tutorial classes and support young girl dropouts through
skills training.
Similar programmes are run by other NGOs in other
locations.
94. It would have been desirable if a system of complaints
aimed at child victims of any form of violence, abuse, neglect, maltreatment
or
exploitation existed in the country. Since no traditional mechanism exists,
such a system has to be designed from scratch.
95. The type and
availability of communication channels, focal points for lodging complaints, the
level of awareness and effectiveness
of law enforcement bodies etc., the
feasibility and sustainability of the scheme, and cultural factors to be
overcome have to be
studied in depth if a viable system is to be instituted
under prevailing conditions of illiteracy, poor communication, inadequate
infrastructure, etc.
IX. CONCLUSION
96. During the past five years a number of positive developments in the
implementation of the Convention on the Rights of the Child
have taken place in
Ethiopia. Some of these developments pertain to:
(a) The undertaking of
surveys by government institutions and NGOs on categories of children in
especially difficult circumstances
and on HTPs. Such studies not only fill the
existing gap in availability of relevant data but are useful inputs for
designing effective
interventions and for monitoring and evaluation
purposes;
(b) In 1994 the Convention was available in 8 different
nationality languages whereas currently it is available in 12 nationality
languages;
(c) In cooperation with UNICEF, the initial report and the
concluding observations of the Committee on the Rights of the Child have
been
distributed to all regions. The Beijing Rules and the Riyadh Guidelines have
also been distributed to regions and to other
relevant offices at the central
level;
(d) There has been a much more intensified effort on the part of
MOLSA, NGOs and the mass media to publicize the Convention. Similarly,
the
extent of training on child rights provided by government institutions and NGOs
has increased substantially. This is manifested
in the increased awareness of
the public. For instance, to mention one of the changes, the issue of female
genital mutilation and
sexual abuse, which were taboos in the recent past, are
now openly discussed in different forums and public gatherings. This, however,
is the first step and has to be intensified and conducted regularly until the
general public reaches a stage where changes in attitude
are transformed into
practice or lasting behavioural changes;
(e) Mechanisms for coordinating
the activities of government institutions and NGOs and among NGOs are being
tried. The National
Steering Committee on Child Prostitution is a case in
point;
(f) The move taken by the House of People’s Representatives
with the aim of establishing a Human Rights Commission or an Ombudsperson
on the
Rights of the Child is the most significant and important development directly
related to the implementation of the Convention.
97. At the macro level,
in past years as well as currently, the most critical factors impeding the full
implementation of the Convention
are not problems related to lack of relevant
legal provisions or the existence of some provisions that are incompatible with
the
Convention; but rather the lack of adequate trained manpower, the necessary
institutional infrastructure and appropriate implementation
mechanisms and
extreme shortage of financial and material resources for the establishment and
operation of effective and sustainable
intervention programmes on a national
scale.
98. The Government of the FDRE therefore welcomes the
recommendations of the Committee on the Rights of the Child in its concluding
observations about the need for further international assistance with regard to
the promotion and protection of the rights of the
child. The Government is
fully committed to ensuring the right of Ethiopian children to life, survival
and development, and will
continue to exert maximum efforts with the resources
at its disposal for the materialization of this right. However, the
implementation
of the economic, social and cultural rights of the child cannot
be attained with the limited available resources and in the face
of other
serious constraints to development. So, in the spirit of article 4 of the
Convention, we are confident that concerned United
Nations agencies,
international NGOs and bilateral donors will continue to provide allround
assistance and support to the Government
of the FDRE in favour of Ethiopian
children.
Statistical annex
Surface area (in million km2)
|
1 251 282
|
Density (inhabitants per km2)
|
48.3
|
Total population (in millions)
|
60.4
|
Population under 15 years of age (in millions)
|
29.2
|
Population 0-4 years of age (in millions)
|
11.2
|
Population 5-9 years of age (in millions)
|
9.4
|
Population 10-14 years of age (in millions)
|
8.5
|
Population annual growth rate (%)
|
3.0
|
Life expectancy at birth, males
|
53.6
|
females
|
53.9
|
% of population urbanized
|
16.2
|
Adult literacy rate in %
|
32.8
|
|
|
Health Service coverage
|
45.0%
|
Infant mortality rate
|
105-128
|
Under 5 mortality rate
|
190
|
Stunting of under-fives
|
45.0%
|
Wasting of under-fives
|
7.0%
|
Iodine deficiency
|
26.1%
|
Low birth weight
|
17.0%
|
Nutritional Anaemia
|
18.4%
|
DPT 3 coverage for under-one children
|
67.0%
|
BCG coverage for under-one children
|
87.0%
|
Polio coverage for under-one children
|
67.0%
|
Measles coverage for under-one children
|
54.0%
|
Pregnant mothers of TT2+
|
31.7%
|
Maternal mortality rate (per 100,000 live births)
|
500-700
|
Antenatal care coverage
|
30.4%
|
Institutional delivery
|
10.2%
|
Contraceptive prevalence rate
|
7.0%
|
Ratio of health workers to population
|
|
Physicians (all types)
|
1:39 000
|
Nurses
|
1:14 900
|
Health assistants
|
1: 5 000
|
Ratio of facilities to population
|
|
Health station
|
1:20 313
|
Health centre
|
1:295 630
|
Hospital bed
|
1:651 510
|
|
|
% of age group enrolled in primary school – 1996/97
|
|
Total
|
30.1
|
Boys
|
37.1
|
Girls
|
22.8
|
|
|
% of population with access to safe water
|
|
Total
|
26.0%
|
Rural
|
19.0%
|
Urban
|
80.0%
|
|
|
% of population using latrine
|
|
Total
|
10.0%
|
Rural
|
1.0%
|
Urban
|
13.0%
|
|
|
% of population with access to adequate refuse
|
|
Disposal system
|
1.0%
|
Source: Central Statistical Authority, Ministry of Health and
Ministry of Education.
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