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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/41/Add.10 13 July 2001 ENGLISH Original: FRENCH |
COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER
ARTICLE 44 OF THE CONVENTION
Initial reports of States parties due in 1996
Addendum
Gabon
GE.01-43411 (E)
170901 230901
CONTENTS
Paragraphs Page
Introduction 1 -
6 5
PART ONE: THE NATIONAL CONTEXT 7 - 55 6
I. Land and people
7 - 24 6
A. Land 7 - 11 6
B. People 12 - 24 7
II. POLITICAL, ADMINISTRATIVE AND
SOCIO-ECONOMIC FRAMEWORK 25 -
38 9
A. Political context 25 9
B. Administrative
organization 26 - 28 10
C. Socio-economic indicators 29 -
38 10
III. GENERAL LEGAL FRAMEWORK 39 - 55 12
A. General
legal context 40 - 54 12
B. International human rights instruments
55 15
PART TWO: IMPLEMENTATION OF THE CONVENTION ON
THE
RIGHTS OF THE CHILD 56 - 286 16
I. GENERAL MEASURES 56 -
65 16
A. Existing measures to implement the Convention 58 -
59 16
B. Measures and mechanisms established to implement
the
Convention 60 - 65 17
II. DEFINITION OF THE CHILD 66 -
83 18
A. Civil matters 70 - 74 18
B. Criminal matters 75 -
79 19
C. Employment and labour matters 80 19
CONTENTS (continued)
Paragraphs Page
D. Non-military
national service, enlistment in the army
and participation in armed
hostilities 81 19
E. Educational matters 82 - 83 20
III. GENERAL PRINCIPLES 84 - 111 20
A. Non-discrimination 86 -
91 20
B. Best interests of the child 92 - 96 21
C. Life,
survival and development 97 - 106 22
D. Respect for the views of the
child 107 - 111 24
IV. CIVIL RIGHTS AND FREEDOMS 112 -
159 24
A. The child’s identity 113 - 140 25
B. Freedom
of expression 141 - 143 29
C. Freedom of thought, conscience and
religion 144 - 145 30
D. Freedom of association 146 -
148 30
E. Protection of privacy 149 - 152 31
F. Right of
access to information 153 - 155 31
G. Right not to be subjected to
torture or other cruel,
inhuman or degrading treatment or punishment 156
- 159 33
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE 160 -
191 33
A. Parental guidance 170 - 172 34
B. Parental
responsibility 173 - 178 35
C. Children deprived of a family
environment 179 - 184 36
D. Family reunification and displaced
children 185 - 187 37
E. Standard of living 188 - 191 37
CONTENTS (continued)
Paragraphs Page
VI. HEALTH AND
WELLBEING OF THE CHILD 192 - 206 38
VII. EDUCATION, LEISURE,
RECREATION AND
CULTURAL ACTIVITIES 207 - 228 41
A. Education
207 - 221 41
B. Leisure, recreation and cultural activities 222 -
228 44
VIII. SPECIAL PROTECTION MEASURES 229 -
279 45
A. Children in situations of emergency 230 -
240 45
B. Children in conflict with the law 241 -
246 47
C. Children in situations of exploitation 247 -
276 48
D. Children belonging to a minority or an indigenous
group
277 - 279 53
IX. OBSERVANCE OF ESTABLISHED NORMS 280 -
281 53
X. IMPLEMENTATION AND ENTRY INTO FORCE OF
THE CONVENTION
282 - 286 54
Introduction
1. One of the main
characteristics of the population of Gabon is that it is young.
According to demographic statistics, 45 per cent
of the
population are under 15 years of age and 47.6 per cent under
18, the age limit considered by the Convention on the Rights
of the Child in its
definition of a child. This gives rise to many problems, especially since the
population is mostly urban (70
per cent) and since deviance and
juvenile delinquency are above all urban phenomena from which Gabon cannot
escape.
2. In order to afford better protection for its young people,
whose importance for the future of Gabon everyone fully understands,
the
Government ratified the Convention on the Rights of the Child on 9 February
1994. By the same occasion it undertook to send
regular reports to the
Committee on the Rights of the Child regarding the implementation of the
Convention, showing the results achieved
and the obstacles encountered in that
respect.
3. The submission of this initial report, which was due two
years after the entry into force of the Convention in Gabon, i.e. 1996,
has been
somewhat delayed, due to the lack of facilities available for implementing the
Convention.
4. The Government of Gabon, through its Ministry of Human
Rights, is grateful to the United Nations Children’s Fund (UNICEF)
for its
help in drafting this report. In view of the special circumstances in which it
was prepared (insufficient dissemination
of the Convention, lack of reliable
national data), this initial report is chiefly intended to serve as a reference
document for
the preparation of the periodic reports that the Government will
subsequently be submitting to the Committee on the Rights of the
Child.
5. The references used of the initial report are:
− The Convention on the Rights of the Child;
− The comparative study of national laws, the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, which was carried out in 1998 by Ms. Honorine Nstame Allogo, spouse of Znet Biteghet, magistrate and UNICEF consultant in Libreville.
6. This
report was drafted by public administration officials and members of
associations and non-governmental organizations dealing
with the problems of
children, with the assistance of a UNICEF consultant. It includes an
introduction, a description of the national
context and an analysis of the
Convention on the Rights of the Child.
PART ONE: THE NATIONAL CONTEXT
I. Land and people
A. Land
7. Gabon
covers an area of 268,000 km2. It has a population of a little over
1 million inhabitants, which is growing at the rate of
2.5 per cent a year. Three quarters
of Gabon’s territory is
covered in tropical forest, a large part of which is uninhabited. The forest
area, two thirds of which
is virgin, i.e. relatively intact, is home to
over 8,000 plants and 600 species of birds, as well as one of the
largest elephant
populations in Africa.
Table 1: Geography
8. Gabon also has abundant natural resources, such as oil, timber,
manganese and uranium.
9. Gabon’s per capita gross national product
(GNP) is one of the highest in sub-Saharan Africa (US$ 7,550 in 1999). Its
social
indicators, however, are comparable to or even below those of some of the
poorest African countries. The Human Development Report
1999 of the United
Nations Development Programme (UNDP) shows a gap of 71 places between
Gabon’s ranking according to the human
development index (HDI), where it
comes 124th out of 174 countries, and its ranking according to per
capita GDP, which places it
53rd out of 174 countries
worldwide.
10. Gabon is a very urbanized country. One of the direct
consequences of its rapid urbanization has been the degradation of the
environment,
leading to a deterioration in conditions of hygiene and health
standards. Apart from the three main economic centres (Libreville,
Port-Gentil
and Franceville-Moanda), the other urban centres in many cases are more like
large villages, characterized by a lack
of infrastructures (water, electricity
and access roads), inefficient health and social services and an
agriculture-based lifestyle.
11. In contrast, the countryside is
“empty”. Settlements are few and far between (in almost half the
country population
density is only 1.4 inhabitants per km2).
Moreover, the rural population is actually decreasing and ageing noticeably,
with a majority of women (52 per cent), particularly
in the 20/25 age group (58
per cent).
B. People
Table 2: Population
1960
|
1993
|
1994
|
|
Total population (thousands)
|
|
1 014
|
1 014.9
|
Women
|
|
51.3 %
|
51%
|
Men
|
|
50.1%
|
49%
|
Rural/urban ratio
|
87/13
|
27/73
|
27/73
|
Number of births
|
|
25 000
|
25 627
|
Number of deaths before the age of 5
|
|
4 000
|
|
Total growth rate
|
|
2.5%
|
-
|
Urban growth rate
|
|
6%
|
|
Synthetic fertility index
|
|
5.2
|
-
|
Number of households
|
|
195 067
|
-
|
Average size of households
|
|
5.30
|
|
Proportion by age group
|
|
|
|
0-5 years
|
|
18%
|
|
6-16 years
|
|
27%
|
|
Number of women of child-bearing age (15-49 years)
|
|
231 272 |
237 400 |
Gross birth rate
|
|
36%
|
35.9%
|
Death rate
|
30%
|
16%
|
15.7%
|
Life expectancy at birth
|
41
|
52.9
|
|
Sources: General Population and Habitat Census (1993) and
Yearbook of Statistics (1994).
12. The population of Gabon has more
than doubled in the last 30 years. According to the General Population and
Habitat Census carried
out in 1993, Gabon has a population
of 1,014,976 inhabitants. The population increase in the period
1960-1993 was marked by rural
exodus and immigration from bordering
countries and from France.
13. Immigrants, attracted by a flexible labour
market in Gabon and the country’s economic prosperity, now make up 15 per
cent
of the population. Another noteworthy fact is that the growth rate of the
population, which was relatively low at the beginning
of the period, rose over
the last 20 years, partly thanks to a noticeable drop in the prevalence of
sterility. The definitive sterility
index for women aged 45 to 54 fell from 32
per cent in 1960 to 17 per cent in 1993.
14. Gabon’s population is
very young: 41 per cent are aged under 15. The age and sex structure of the
population in the 1960,
1970 and 1993 censuses reflects two phenomena: the
incidence of sterility and the impact of immigration.
15. Unusually for
sub-Saharan Africa, the urban population accounts for 73 per cent of the total.
Geographic distribution is uneven,
however, since the main cities - Libreville,
which is the administrative capital (419,596 inhabitants), and Port-Gentil, the
country’s
economic capital (79,225 inhabitants) - between them contain 49
per cent of the population.
16. In Libreville and in Port-Gentil, only
one Gabonese head of household out of five was born in the cities, with the
remainder coming
from rural areas. Almost one Gabonese head of household out of
five came to the capital city aged between 6 and 15 (educational
migration).
In Port Gentil, the proportion is one in seven. Occupational migration is
greater there than in Libreville, owing to
the activities of the oil industry.
In both towns, internal immigration is twice as high as foreign
immigration.
17. Three provinces “benefited” from this urban
growth and appear as the most dynamic: Estuaire, Ogooué Maritime
and
HautOgooué. This rural exodus creates a real problem from the point of
view of development owing to the growing shortage
of rural labour. Among the
other towns, Franceville, Moanda and Mounana specialize in mining activities,
although agriculture is
gaining ground.
18. Five provinces have more
rural inhabitants than urban. They are Moyen-Ogooué (18,726 urban
and 40,261 rural), Ogooué-Ivindo
(17,775 urban and 31,087 rural),
Ogooué-Lolo (19,379 urban and 23,536 rural) and Woleu-Ntem (35,094
urban and 62,177 rural).
19. The urban population is much younger than
the rural population (47.6 per cent under the age of 18 in towns
compared with 42.7
per cent in the countryside). Men are more
concentrated in urban areas (99.5 per cent of men compared with
91.3 per cent of women).
The same goes for foreign communities
(22.8 per cent of foreigners among the 18-and-over age group live in
towns, compared with
7 per cent in rural areas). Half the inhabitants
of the capital are aged under 17.
20. In Gabon, the town has both an
administrative and a political connotation. All departmental capitals are
considered to be towns,
regardless of the size of their population. Town
populations vary from 100,000 to 419,500 inhabitants (the case of
Libreville).
According to these definitions, Gabon has 47 towns, 1 for
each of the 45 departments, plus the commune of Mounana, in the
HautOgooué,
and Libreville, the capital.
21. Foreigners account
for about 15.2 per cent of the population. They include mostly other
African nationalities, who were attracted
by the economic boom of the 1970s. As
a result of the economic crisis of 1986, aggravated by the recent devaluation of
the CFA franc,
some 55,000 foreigners have been encouraged to return to
their countries of origin.
1. Ethnic groups
22. Some 40 ethnic groups live in Gabon, the
most important of which are the Fang, Nzebi, Kota-Kele, Mbede-Teke,
Okande-Tsogho and
Shirpunu.
2. Languages
23. The Gabonese Republic has adopted French as
its official or administrative working language. Individual groups and
sub-groups
speak their own mother tongues, known as dialects. The country also
tries to protect and promote national languages (by introducing
them, on an
experimental basis, in some secondary schools).
3. Religions
24. Catholic and Protestant missionaries and a
few isolated Muslims were living in Gabon until 1960. Nowadays, the population
of
Gabon is mostly Christian. Catholics are in the majority, followed by
Protestants. Muslims remain a tiny minority.
II. Political, administrative and socio-economic framework
A. Political context
25. Until 1990, the
Gabonese political system tended to be monocephalous, with considerable power
vested in the executive branch,
especially after the introduction of a
singleparty system in 1968. Parliament used to play an insignificant role,
despite the introduction
of the motion of no-confidence in 1981. The advent of
democracy in Africa, however, with the holding of the National Conference
in
March and April 1990, brought about the following changes in the country’s
political institutions:
− Replacement of the single party by a multi-party system;
− Adoption, in 1990, of a National Charter of Freedoms, for the safeguard of fundamental freedoms, including freedom of expression, freedom of association and press freedom;
− Establishment of a new semi-presidential type of regime, following the adoption of a new Constitution, on 28 May 1990, subsequently replaced by the Constitution of 26 March 1991, amended on 18 March 1994;
− Establishment of new institutions such as the National Council for Communication, Constitutional Court, Judicial Court, Court of Accounts, Administrative Court, Senate and National Council for Democracy;
− Reform of existing institutions, such as the Economic and Social Council and the National Assembly;
− Sharing of executive power between the President of the Republic, assisted by a Vice-President, and the Prime Minister, assisted by a Deputy Prime Minister;
− Improved balance between executive and legislative branches, with reciprocal judicial means of pressure and sanctions.
B. Administrative organization
26. The national territory is divided into nine
provinces, 50 communes and 45 departments (headed by prefects), and further into
districts,
146 cantons and 1,993 villages. The province is the largest and most
important administrative sub-division. The provincial capital
is known as the
chief town (chef-lieu) and is headed by a governor.
27. The
departmental assemblies, established in December 1980, probably offer the most
active opportunities for participation in community
development. They have
replaced local authorities and each assembly has a council headed by an elected
president. Their main role
is to manage local interests. A bill is in
preparation to reactivate the decentralization of powers at the local government
level.
28. All chief towns of departments have been established as
communes since 1996. A commune has a municipal council headed by a mayor
elected from among municipal counsellors, who are themselves elected. The size
of the councils varies according to the size of the
commune’s population.
The commune of Libreville is divided into six constituencies, each of which has
an elected municipal
council headed by an elected deputy mayor.
C. Socio-economic indicators
29. The Government’s economic policy aims to
combine five objectives:
− Reactivation of the non-oil sector through liberalization and diversification of the economy, while establishing a climate of trust with the business sector through the substantial repayment of the internal debt;
− General control of public expenditure;
− Improved budgetary management and control mechanisms;
− Reduced personal taxation through a review of tax rates;
− Introduction of tax credits for businesses for the creation of jobs for young Gabonese.
Table 3: Economy
Per capita GNP
|
US$ 7 750
|
Primary sector as proportion of GDP
|
50%
|
Oil sector
|
39%
|
Agriculture
|
6%
|
Timber
|
3%
|
Secondary sector as proportion of GDP
|
12%
|
Tertiary sector as proportion of GDP
|
27%
|
Outstanding debt as percentage of GDP
|
90%
|
Debt service as percentage of the budget
|
40%
|
Debt service as percentage of exports
|
20%
|
1. GDP trend
|
1995
|
1996
|
1997
|
GDP TOTAL
GDP excluding oil products Oil sector GDP |
2 475.20
1 489.50 985.70 |
2 821.80
1 623.00 1 198.80 |
2 954.20
1 757.00 1 197.20 |
Source: DGE.
30. GDP growth in 1997 was attributed
chiefly to the performance of the non-oil sector, to an 8.5 per cent rise
in domestic demand
and to steady sales of the main export products. However,
the contribution of the oil sector stagnated in 1997 owing to a lower
valuation
of output following a drop in the price of oil.
31. GDP cost components
should grow considerably, especially investment in the non-oil sector, which
should rise by 20.1 per cent.
Government expenditure on goods and services
had the effect of raising total consumption, which increased by 7.7 per cent in
1997
despite the late implementation of the budget.
32. All these efforts
were unfortunately checked by the serious financial crisis which affected Gabon
in 1999, caused mainly by a
drop in the prices of raw materials and the burden
of debt servicing.
2. Salaries
33. The private sector wage bill should grow by
8 per cent owing to wage drifts, continued growth and the impact on employment
of
the measures agreed on at the “97 Consultation” meetings. During
the first half of 1997, consumer price indexes registered
constant growth. The
consumer price index for high-income households (155 articles) showed low but
steady growth, while the index
for low-income households (125 articles) followed
a see-saw pattern.
3. Structural measures
34. The Government is committed to pursuing and
consolidating measures implemented in the framework of the current medium-term
adjustment
programme.
Improvement of the legal and institutional framework
35. In 1997, specific measures were taken, of
which the most important were:
− Reduction of corporation tax from 40 per cent to 35 per cent for tax years starting 1 January 1997;
− Fixed registration fees for deeds and transfers;
− Discontinuation since 1 July 1997 of the lump-sum payment by employers and of the vocational training tax provided for under the General Code for Direct and Indirect Taxes;
− Repeal of Decree No. 28/87 of 2 October 1987, requiring payment for the processing of customs clearance documents by computer.
36. In
1998, efforts to manage the economy continued in the following areas:
− Relations between the State and corporations. In this respect, the Government should change its attitude to ensure that these relations, which are often seen as antagonistic, become complementary and cooperative;
− Economic management. The Government, with the help of the Bretton Woods institutions, has been trying, since the implementation of the structural adjustment programme, to improve the country’s macroeconomic situation and to maintain sustainable balances;
37. In its pursuit of an
economic and social development strategy based on the expansion of the private
sector, the Government implemented
its Investment Charter in
1998.
38. The Charter will aim to:
− Promote and process investments, regardless of origin;
− Reduce administrative formalities needed to set up companies by introducing a single window and an investment promotion agency;
− Adapt the Labour Code to the present situation;
− Bring educational and vocational training into line with the needs of the labour market;
− Adapt the resources of the financial sector to investor requirements.
III. General legal framework
39. The Constitution
provides for the separation of executive, legislative and judicial powers.
A. General legal context
1. The Constitution
40. The
preamble to the Constitution affirms the Gabonese people’s commitment to
basic human rights and fundamental freedoms, as embodied in the 1948 Universal
Declaration of Human Rights, the 1981 African Charter on Human and
People’s Rights and the 1990 National Charter of Freedoms.
41. The
judiciary is the guardian of individual and collective freedoms insofar as it
constitutes the citizen’s last defence
against arbitrary authority and
injustice. In exercising their functions, judges are subject only to the
authority of the law.
2. The judiciary
42. According to
article 67 of the Constitution (Act No. 1/94 of 18 March 1994), justice is
dispensed in the name of the Gabonese people by the Constitutional Court, the
Judicial
Court, the Administrative Court, the Court of Accounts, the Courts of
Appeal, the Tribunals and the High Court of Justice.
43. According to
article 69 of the Constitution, the President of the Republic is the guarantor
of the independence of the judiciary in conformity with the provisions of the
Constitution, especially article 36. He is assisted by the High Council of the
Magistrature and the Presidents of the Judicial Court, Administrative
Court and
Court of Accounts.
3. The Judicial Court
44. According to
article 73 of the Constitution, the Judicial Court is the highest court in
civil, commercial, social and criminal matters. It is divided into civil,
commercial,
social and criminal chambers.
45. Each chamber deliberates
separately in accordance with its area of competence. All the chambers of the
Judicial Court can sit
together in certain circumstances laid down by law.
Judgements have the force of absolute res judicata.
4. The Administrative Court
46. According to article 74 of the Constitution,
the Administrative Court is the highest State Court in all administrative
matters. In addition to litigation, it exercises consultative
and
administrative functions.
5. The Court of Accounts
47. According to article 76 of the Constitution,
the Court of Accounts is in charge of supervising public finances. Its duties
are as follows:
− It supervises the implementation of Finance Acts and reports to Parliament and the Government;
− It verifies that the revenues and expenditures described in the public accounts are in order and, on the basis of the latter, monitors the proper use of credits, funds and assets managed by State services or public-law corporations;
− It audits the accounts of and rules governing public enterprises and publicly funded bodies;
− It judges the accounts of public accountants;
− It declares and audits unauthorized accounts;
− It penalizes errors of management committed to the detriment of the State by local authorities and any bodies under its supervision.
6. The Constitutional Court
48. According to articles 83-87 of the
Constitution, the Constitutional Court is the highest State Court in
constitutional matters. It judges the constitutionality of laws and guarantees
the fundamental rights of the human person and civil liberties. It is
responsible for regulating the activities of institutions
and public
authorities.
49. The Constitutional Court holds mandatory power to rule
on:
− The constitutionality of organic laws, acts prior to promulgation and regulations which might infringe the fundamental rights of the human person and civil liberties;
− The rules of procedure of the National Assembly, Senate, National Communication Council and Economic and Social Council prior to implementation with regard to conformity with the Constitution;
− Conflicts of powers between State institutions;
− The legality of presidential and parliamentary elections, as well as referendums, of which it announces the results.
50. The
Constitutional Court deals with all disputes concerning the validity of
elections, at the request of any elector, candidate,
political party or
government representative under the terms of the organic law. Organic laws must
be submitted by the Prime Minister
to the Constitutional Court prior to
promulgation. Other categories of laws and regulations may be referred to the
Constitutional
Court, by either the President of the Republic, the Prime
Minister, the presidents of the Chambers of Parliament or by one tenth
of the
members of each Chamber, or by the presidents of the Judicial Court, the
Administrative Court or the Court of Accounts or
by any citizen or corporation
affected by the contested legislation.
51. The Constitutional Court
issues its rulings, according to the rules of adversarial procedure laid down in
the organic law, within
one month. However, at the request of the Government or
in case of emergency, this period may be shortened to eight days. Any appeal
suspends the dates of promulgation of laws and the application of
regulations.
52. Any provision which is declared unconstitutional cannot
be promulgated or applied. Any defendant may, in proceedings before an
ordinary
court, challenge the constitutionality of any law or regulation that disregards
his fundamental rights. The judge on the
bench will then raise an interlocutory
plea before the Constitutional Court.
53. The Constitutional Court must
issue a ruling within one month. If the law which has been challenged is
declared unconstitutional,
the law ceases to be effective from the time of the
judgement. During its next session, the Parliament under a remittal procedure
examines the consequences arising from the Court’s ruling of
unconstitutionality.
54. The international commitments mentioned in
articles 113 to 115 of the Constitution must be referred, prior to ratification,
to the Constitutional Court, either by the President of the Republic or by the
Prime Minister,
or by the President of the National Assembly, or by one tenth of
the Deputies. The Constitutional Court ascertains, within one month,
whether
those commitments contain any provision which is contrary to the Constitution.
At the request of the Government, however, or in the event of an emergency, this
period may be shortened to eight days. If the
finding is in the affirmative,
the commitments cannot be ratified.
B. International human rights instruments
55. According to article 47 of the Constitution,
the provisions of human rights instruments may be cited before judicial and
administrative authorities so long as they have been
ratified, even if they have
not yet been incorporated in domestic law.
PART TWO: IMPLEMENTATION OF THE CONVENTION ON THE
RIGHTS OF THE CHILD
I. General measures
56. Under
article 4 of the Convention on the Rights of the Child, once a State party has
ratified the Convention it must do its utmost
to ensure observance of the rights
defined in this international instrument. It may not shirk its responsibilities
on the grounds
of economic difficulties but must undertake the necessary
measures to the maximum extent of its available resources and, where needed,
within the framework of international cooperation.
57. When Gabon
ratified the Convention it had already taken a number of measures and actions
conducive to the implementation of the
Convention. These measures are listed
below, together with those established to give effect to the provisions of the
Convention.
A. Existing measures to implement the Convention
1.
Official measures
58. Details
can be found in the paragraphs dealing with the country’s legal and
administrative framework.
2. Private-sector measures
59. Several non-governmental organizations and
associations regulated by Act No. 35/62 of 10 December 1962 are working to
protect
children, including:
− Association of Gabonese Women Lawyers;
− Women’s and Children’s Rights Association;
− Human Rights Association;
− “Plus” Human Rights Association;
− Self-defence;
− Gabonese Human Rights League;
− UNESCO Human Rights Club;
− SOS Mwana;
− Caritas (rainbow project);
− Association of Women Teachers of Gabon;
− Association of Parents and Friends of Maladjusted Children in Gabon;
− Association of Teenage Mothers (Responsible Motherhood);
− Association COSE-Enfants;
− Department of Communication (press, radio, television and other media).
B. Measures and mechanisms established to implement the Convention
60. Under article 177 of the Labour Code (Act
No. 3/94 of 21 November 1994), children under the age of 16 may not be employed
in any
company, unless dispensation is granted by decree at the joint initiative
of the ministries of labour, health and education after
the individual
circumstances have been taken into account.
61. There has been a
noticeable increase in the number of children under the age
of 16 working in the informal sector. Some children
work for
themselves and at their own speed (as car-washers or car-park attendants) but
unfortunately others, including children who
are the victims of trafficking (in
Benin, Togo or Nigeria), are exploited by adults. The Gabonese Government has
set up a committee
with representatives of several ministerial departments to
find ways to eradicate this terrible practice, which has no place in Gabonese
culture.
62. Ordinance No. 001/95, on Gabon’s health policy, gives
priority to the protection of mother and child and to hygiene and
prevention.
63. In reality there is a gap between those hospitals with
the latest equipment and illequipped health centres. For this reason,
a plan of
action was produced in 1997 to review national health policy. A national
committee was set up by presidential decree to
combat acquired immunodeficiency
syndrome (AIDS) and sexually transmitted diseases. It consists of the following
bodies:
− A joint monitoring committee;
− An ethics committee;
− A national programme to combat AIDS and sexually transmitted diseases, which is run by a coordination board. There are also departmental committees to implement the programme.
64. It has been possible to invoke
the provisions of the Convention before judicial and administrative bodies since
1994, when the
Convention was ratified. A bill establishing a number of
measures to protect the health of women and of mothers and children is
before
Parliament for adoption.
65. The cooperation programme set up with the
United Nations specialized agencies brings together several projects that take
many
forms.
II. Definition of the child
66. According to article 1 of the Convention, a
“child” means every human being below the age of 18 years unless,
under
the law applicable to the child, majority is attained
earlier.
67. However, neither the Convention nor the African Charter on
the Rights and Welfare of the Child (to which Gabon is a party) indicate
when
childhood begins: is it at conception, or between conception and birth?
Unfortunately, the Convention also takes no position
on
abortion.
68. Nevertheless, as far as Gabon is concerned, the protection
provided by the Convention applies to the child from the moment of
conception.
Fortunately, the African Charter very specifically defines the age of the child
as less than 18 years, without any modification
to detract from the statement of
principle.
69. Indeed, what would happen if legislation set this age at
10 or 12 years, or if, as we shall see in the case of Gabon, at 21 years?
It is
necessary to specify here the age at which certain rights or forms of protection
are acquired or lost. References in Gabonese
legislation to ages of
“minority” and “majority” mean different ages depending
on whether they come within
the scope of civil law, criminal law or social
law.
A. Civil matters
70. Gabonese legislation defines a child as a
minor or individual of either sex who has not yet reached the age of 21 years
(art.
492 of the Civil Code).
1. Marriage
71. The traditional concept of marriage differs
from that of marriage under civil law. According to the traditional concept,
the
protection of the child within marriage meant that marriage was not a matter
for the couple as such; rather, parents or family chose
their children’s
spouses, whatever the children’s ages. Children aged 10 could therefore
be married. The girl was entrusted
to the boy’s family and grew up with
him.
72. Under civil law, men cannot get married until they are over 18
years old, and women must be over 15 (Civil Code, art. 203). However,
the
President of the Republic may grant dispensation from the age requirement if
there are good grounds for doing so. The insane
may marry only during a period
of lucidity, with the authorization of their guardian and after a favourable
recommendation from a
psychiatrist or, failing that, a doctor (art.
204).
2. Family relationships
73. Minor children enjoy special protection
within marriage and other kinds of family relationships.
3. Parental consent
74. Even when they meet the age requirements,
young men or women who have not reached the age of 21 cannot get married without
the
consent of their father and mother or guardian (Civil Code, art.
205).
B. Criminal matters
75. Sentencing for offences committed by minors
varies according to the child’s age.
1. When an offence is committed
76. A child under the age of 13 is not
criminally liable, however serious the acts committed (Penal Code, art. 56, Code
of Criminal
Procedure, art. 145, prohibiting imprisonment of a child under
13).
77. A minor aged between 13 and 18 will be the subject of a
detention warrant, that is, he will be placed in a special wing of a penal
establishment (Penal Code, art. 60) or will be placed by the judge in the
custody of a person or institution of his choice until
the court takes a
decision (art. 57). The minor may be assisted by a lawyer during the
proceedings prior to sentencing. The provisions
of Act No. 9/83 of 31 December
1983, on pretrial detention, are applicable to minors.
2. Sexual consent (rape)
78. The Convention recommends that States should
protect children from all forms of sexual violence and exploitation, including
prostitution
and participation in any pornographic production (art. 34). As
sexuality is still a taboo subject in Gabonese society, youngsters
rarely, if
ever, discuss their first sexual experiences or even their sexuality with their
parents.
79. Under criminal law, “any sexual act with a minor under
the age of 15 is punishable by law” (art. 256) and corruption
of a minor
under the age of 16 is punishable with imprisonment and a fine (art.
279).
C. Employment and labour matters
80. See article 32 of the Convention, relating
to child labour (exploitation).
D. Non-military national service, enlistment in the army and
participation
in armed hostilities
81. Article 38 of the
Convention stipulates that States parties should take all feasible measures to
ensure that persons who have
not attained the age of 15 years do not take a
direct part in hostilities. When they recruit persons between the ages of 15
and
18, States parties must endeavour to give priority to the oldest. Gabonese
legislation provides for enlistment in the
armed forces as from the age of 20 (Act No. 004/98 of February 1998 on the
general organization of national defence and public security).
Enlistment is
not compulsory, as the country has never been involved in an armed
conflict.
E. Educational matters
82. In accordance with article 28 of the
Convention, Gabonese legislation, in Act No. 16/66 of 9 August 1966 on the
general organization
of education, defines the fundamental principles underlying
the functioning of the educational system, including free schooling,
compulsory
education between the ages of 6 and 16, and equal opportunities for boys and
girls.
83. However, it has to be said that although the legal framework
is advantageous to children, the reality is somewhat different.
In fact,
schooling is not really free for all children, as the provisions of educational
policy are not complied with.
III. General principles
84. The Convention is indivisible and its
articles are interdependent. However, each article defining the rights of the
child must
take into account the Convention’s four general principles,
namely:
− Non-discrimination (art. 2);
− Best interests of the child (art. 3);
− Life, survival and development (art. 6);
− Participation of the child and respect for the child’s views (art. 12).
85. These four fundamental principles underlie the
philosophy on which the Convention is based. The right to life, survival and
development
is essential to the implementation of the other rights. The best
interests of the child should also guide actions affecting the
child’s
future, as a child is a vulnerable being whose personality is still malleable
and educable. Lastly, children’s
right to express their views freely and
to participate in decisions affecting them must be safeguarded, as they are not
mere objects
but also subjects at law who must be led gradually to assume their
rights and obligations.
A. Non-discrimination
86. The right to freedom from discrimination is
an overarching priority in the implementation of other rights intended to ensure
equality
for all in their enjoyment of the rights provided for in the
Convention. According to article 2, all those rights apply to all children
without exception. The State has an obligation to protect children from all
forms of discrimination and to take positive steps to
promote respect for their
rights.
87. The term “discrimination” as used in the Convention refers to
any distinction, exclusion, restriction or preference
based on race, colour,
sex, religion, language, political, religious or other views, national, ethnic
or social origin, property,
birth, physical or mental disability or any other
situation which has the purpose or effect of nullifying or impairing the
recognition
or exercise by all, on an equal footing, of all human rights and
fundamental freedoms (Implementation Handbook for the Convention on the
Rights of the Child, United Nations Children’s Fund (UNICEF), Geneva,
1999).
88. The principle of non-discrimination does not conflict with
differentiated (or personalized) treatment of each child. In every
country in
the world there are various categories of children living in unfavourable or
“social-risk” situations. These
children, who are also called
“maladjusted” children, need special help, care or specific measures
to eliminate or ease
the unfavourable conditions that perpetuate discrimination.
This principle therefore affects the exercise of the other rights provided
for
in the Convention. That is why the State party has an obligation to protect
children against all forms of discrimination and
to take positive steps to
promote respect for their rights.
89. In the case of Gabon, article 2,
paragraph 2, of the Constitution is in conformity with article 3 of the African
Charter on the Rights and Welfare of the Child and with the International
Covenant
on Civil and Political Rights, as it provides for the equality of all
citizens before the law without discrimination. For example,
with regard to
recognition of the child, the new Gabonese Civil Code no longer discriminates
between natural children and those born
of adulterous or incestuous
relationships (Civil Code, art. 671). Similarly, Act No. 19/95
of 13 February 1996, on the welfare of
the handicapped, contains
protective measures for handicapped children and sets forth, as it does for
other children, the conditions
for treating them.
90. However, although
Gabonese legislation is in conformity with international law on the rights of
the child, in practice some forms
of discrimination can be observed. This is
the case, for instance, with the minimum age for marriage (15 years for girls
and 18
for boys). It should also be noted that once a girl is married, she no
longer enjoys the protection of the Convention. In education,
moreover,
although the gross school enrolment rate is very high (142 per cent at primary
level), the net rate is very low (86 per
cent), and this discrepancy affects
girls more than boys. This is one of the reasons why women are excluded from
positions of responsibility.
91. Unfavourable economic conditions and
certain cultural habits continue to perpetuate some forms of discrimination, as
in the case
of street children and handicapped children, who still, despite the
protection of the law, suffer from social discrimination and
rejection.
B. Best interests of the child
92. The best interests of the child should be a
paramount consideration in any decision concerning the child. The judicial and
administrative
authorities and everyone concerned with the protection of the
child should systematically take them into account.
93. The concept of the best interests of the child comes into its own when
some specific provision of the Convention cannot be applied.
Thus, when there
is a conflict of law (for example between written law and customary law), it is
recommended that the law that safeguards
the child’s best interests should
be applied.
94. In domestic legislation, the Constitution is careful to
class the education of children as a natural right and a duty that the parents
exercise under the supervision and with
the help of the State and local
authorities (art. 1, para. 16). The Civil Code, in articles 273 to 275, also
stipulates that the
judge must take into account the interests of the child when
ruling on custody of the child when parents separate or divorce.
95. With
regard to the progress made in social policy, children figure prominently in the
social policy and overall work of the Department
of Social Affairs. This work
takes the following forms:
− Social welfare, in the form of assistance to families;
− Pre-school care for young children up to the age of five;
− Contributing to children’s survival and development by introducing mothers to the basics of child care, hygiene and nutrition;
− Combating the great social evils that affect children’s lives;
− Social reintegration: temporary or permanent placement of abandoned or abused children in foster homes (see, for example, decision No. 0052/MASSNCRA/SG/DGAS/DASSASS of 5 May 1992 establishing a commission for the placement of abandoned children).
96. As for the obstacles encountered, although it
is clear that the best interests of the child are strongly affirmed in all the
legislation
mentioned above, it has to be said that the lack of specialized
institutions and organizations and the country’s cultural heritage
and
backward religious practices hold back the implementation of government policy
in this area.
C. Life, survival and development
97. In the preamble to the Declaration of the
Rights of the Child, proclaimed by the United Nations General Assembly on
20 November
1959, it is stated that the child, by reason of his physical and
mental immaturity, needs special safeguards and care.
98. The Convention
on the Rights of the Child guarantees the fundamental right of the child to life
and recognizes this as a universal
principle of international humanitarian law.
It also recognizes that the right to survival and development to the maximum
extent
possible is essential for the implementation of the Convention as a
whole.
99. There can only be no talk of the survival and development of a person
unless that person is alive. The concepts of survival and
development have a
broad significance that concerns other rights set forth in the Convention. Some
of the Convention’s provisions
deal with the role of parents in the
development and well-being of the child and the State’s obligation to
support them (art.
18). Other articles deal with health, education, child
exploitation, violence and torture, as well as rehabilitation measures and
the
follow-up to and monitoring of their implementation, and define in detail the
significance of the principle of life, survival
and development.
100. In
Gabon, the rights of the child are protected by the Constitution, the Civil Code
and the Penal Code. Article 1 of the Constitution deals with the right to
freedom of personal development (para. 1) and guarantees the right to
health and the protection of the environment
(para. 8).
101. Article 78 of the Civil Code covers the right to life and provides
that the human person is a subject at law from birth to death.
Article 79
notes, however, that whenever the child’s interests so require, the child
is a subject at law after conception
provided that he or she is born alive and
viable.
102. In the Penal Code, attacks on the child’s life are
punishable under articles 223 to 229; homicide, wounding by negligence
and
failure to render assistance to a person in danger are punishable under articles
223 to 229 and 246 to 249; and article 244 of
the Code protects the life of the
child by punishing abortion.
103. At the same time, contraception other
than for therapeutic purposes is prohibited by Ordinance No. 64/69 of 4 October
1969.
However, a new law liberalizing contraception in keeping with the spirit
of the 1990 National Charter of Freedoms is in the process
of being
enacted.
104. Physical and psychological ill-treatment is punishable
under articles 271 to 281 of the Penal Code. There are stiffer sentences
for
offences committed on the person of a child under the age of 15. For example,
the punishment for the rape of a child under the
age of 15 is imprisonment
(Penal Code, art. 256).
Progress achieved
105. Gabon recognizes the child’s right to
life and protects the child from conception onwards thanks to an ambitious birth
rate policy adopted in response to the country’s weak demographic
structure. To guarantee the life of the child and mother,
the Government is
planning to improve the legal framework by means of a new law now being enacted
which will liberalize contraception,
organize family planning and establish
special protective measures for those concerned.
Obstacles encountered
106. Banning abortion has had some harmful
consequences for young girls, as reflected in the deaths of mothers and children
following
traditional abortions (using magic potions) or modern abortions (using
non-pharmaceutical means).
D. Respect for the views of the child
107. Article 12, paragraph 1, of the Convention
calls on States parties to assure to the child who is capable of forming his or
her
own views the right to express those views freely in all matters affecting
the child, the views of the child being given due weight
in accordance with the
age and maturity of the child. Paragraph 2 stipulates that children are to be
provided with the opportunity
to be heard in any judicial and administrative
proceedings affecting them.
108. The Convention seeks to have the child
considered to be an active subject at law. Respect for children’s views
does not
mean giving children the right to self-determination but recognizing
their right to participate in decisions that affect them. Children
can
therefore protect themselves against certain abuses by those with authority over
them (judges, parents, teachers) and with responsibility
for their guidance or
participation in decisions.
109. In Gabonese legislation, respect for the
child’s views is guaranteed by article 1, paragraph 2, of the
Constitution, on freedom of conscience, opinion, expression and communication,
by the Civil Code (particularly in articles 205 to 212) with regard
to marriage
and by the Penal Code with regard to hearing the child’s point of view in
court cases.
110. In cases of ill-treatment or imprisonment or in
deciding which parent is to be given custody of the child in cases of
separation,
the court asks the Youth Protection Service to seek the
child’s views.
111. There are, however, obstacles. Parents tend to
tell their children how to behave. This is a result of the influence of custom,
which prohibits freedom of thought and conscience within families. However,
children’s right to freedom of opinion is observed
to vary according to
their parents’ social origin. In some families, children are not given
the chance to make decisions.
This attitude is a mistaken interpretation of
article 1, paragraph 16, of the Gabonese Constitution, which authorizes
parents to guide children in their religious and moral education. It is
important to encourage, disseminate and
stress the importance of communication
and dialogue between parents and children in order to end taboos.
IV. Civil rights and freedoms
112. This heading covers the child’s right
to:
− A name and nationality (Convention, art. 7);
− Preservation of identity (art. 8);
− Freedom of expression (art. 13);
− Freedom of thought, religion and conscience (art. 14);
− Freedom of association and peaceful assembly (art. 15);
− Privacy (art. 16);
− Access to appropriate information (art. 17);
− Freedom from torture or other cruel, inhuman or degrading treatment or punishment (art. 37).
A. The child’s identity
113. Articles 7 and 8 of the Convention concern
the child’s right to civil status (name and nationality) and right to
preserve
that identity and to receive State assistance in preserving it or,
where necessary, re-establishing it. They also concern children’s
right
to know and be brought up by their parents.
1. Right to a name
114. Articles 93 to 111 of the Gabonese Civil
Code deal with names. Every Gabonese person must have a name, to which their
father’s
name and possibly one or more given names will be added
(art. 93). The Gabonese legislators have taken a series of precautions to
ensure that all children can have a name, regardless of the circumstances of
their birth or the status of their parents.
115. Legitimate children and
natural children who are recognized by their father bear the father’s name
if that name is hereditary
or if the father so decides (art. 94 (a)).
Otherwise, the name is given according to custom (art. 94 (b)). If
paternity is denied,
the child’s name is chosen by the mother
(art. 94 (c)). Every legitimate or recognized natural child of a foreign
father must
bear a Gabonese name given by the mother, together with the
father’s name (art. 94 (c)). A child not recognized by the father
will bear the name of the mother (art. 95), under the conditions set forth
in article 94. An adoptive father may, if he has a legitimate
interest, be
authorized to add his name to that of the adopted child
(art. 97).
116. However, if a girl minor marries, she retains her
patronymic and may add her husband’s to it (art. 98).
Children’s
given name or names are registered by the parents at the
registry office, or by the registrar if filiation has not been established
(art. 99). There are no restrictions on which given names may be accepted
by public officials even if the names are not part of
established customs
(art. 102). The President of the Republic may authorize a change of name
where there is good cause (art. 101).
Any such change applies by right to
any minor children of the person concerned, once their birth certificate has
been amended (art.
102).
117. The surname or given name cannot be
acquired or lost by prescription and any agreement concerning the name is null
and void,
except in the case of the rules on company names, trade names and
trademarks (arts. 104 and 105). Proof of a person’s surname
and
given names is provided by the certificates issued by the registrar
(art. 106). Articles 108 to 111 specify that the use of
a name must be
protected. Accordingly, all persons may demand to be called by their usual
surname and given names. Also, a person
may object if his or her name is used
improperly or misappropriated by a third party. If these rights are infringed,
the bearer
of the name may call on the court to put an end to the confusion and
may claim compensation for the injury suffered.
2. Right to a nationality
118. Article 1 of the Code on Nationality
provides that Gabonese nationality is the legal relationship which since 17
August 1960,
when Gabon became a sovereign State, has bound individuals to the
Gabonese State (para. 1). Consequently, everyone who has Gabonese
nationality has it on the same grounds (para. 3).
119. However,
there are legal restrictions in electoral matters, notably for people of foreign
origin, who may stand for election
only after 10 years (under the former code,
the new one being in the process of adoption).
120. The provisions on
nationality contained in duly ratified and published international treaties and
agreements take precedence
over the law establishing the Code of Nationality and
are applicable even when they contradict it (art. 2, para. 3).
(a) Attribution of Gabonese nationality as nationality of origin
121. Gabonese nationality is the nationality of
origin of all persons having at least one parent of Gabonese origin, except for
the
children of diplomatic or consular agents of foreign nationality, and of all
persons who, at the time of birth and no matter where
they are born, have at
least one parent with Gabonese nationality. This provision applies to those
born after 17 August 1960 (art.
9, paras. 1 and
2).
122. On 17 August 1960 Gabonese nationality became the nationality of
origin of all persons who were domiciled in Gabon on that date,
as well as of
their spouse and children (art. 10, para. 1), all persons who, even if
not domiciled in Gabon on that date, have at
least one parent of Gabonese origin
(art. 10, para. 2) and newborn children found in Gabon who are
presumed, until proven to the
contrary, to have been born in Gabon
(art. 12).
(b) Attribution by means of recognition
123. The following may apply to be recognized as
having Gabonese nationality as their nationality of origin:
− Persons born in Gabon whose parents are not of Gabonese origin;
− Persons born in Gabon who are the children of diplomatic agents or career diplomats of foreign nationality;
− Persons born in Gabon or who have at least one parent of Gabonese nationality, pursuant to article 10;
− Persons born in a State or territory sharing a border with Gabon or on an island located in the sea within 400 miles of Gabon;
− Persons whose original Gabonese nationality was relinquished on their behalf when they were minors;
− Persons given shelter in Gabon before the age of 15, who were brought up in Gabon by the welfare services, by a person having Gabonese nationality or by a foreigner whose habitual place of residence is Gabon (art. 14).
(c) Acquisition of nationality as a result of adoption
124. A minor adopted by a person of Gabonese
nationality acquires Gabonese nationality upon adoption (art. 19).
Similarly, minors,
including adopted minors, whose parents’ Gabonese
nationality has been re-established or whose parents acquired Gabonese
nationality
by naturalization pursuant to articles 21 and 23 of the Code on
Nationality, acquire or recover, if need be, Gabonese nationality
on the date
the re-establishment or naturalization takes effect (art. 20). In the
light of these provisions of the Code on Nationality,
therefore, it can be seen
that a child born in Gabon, or even a child with only one Gabonese parent, can
enjoy Gabonese nationality
and all the concomitant rights.
3. The child’s civil status
(a) Notification of birth
125. According to
article 169 of the Civil Code, the registrar must be notified of a birth within
three days in the case of children
born in communes and the chief towns of
districts and within one month in the case of children born elsewhere. A
declaration may
be made by the doctor or midwife present at the birth if the
mother or father or someone acting on their behalf is unable to do so.
It
specifies the child’s sex, the date, time and place of birth, the
child’s surnames and given names, and the full
names and occupation of the
parents and the person declaring the birth (Civil Code, arts. 167-170).
The heads of rural settlements
(village chiefs, heads of groups and cantons)
must ensure that births in their districts are declared to the nearest registry
office
before the deadlines set out in the Civil Code (art. 170,
para. 2).
126. In the case of births on a ship of the Gabonese navy
or on a Gabonese aircraft, the captain of the ship or aircraft prepares
a
certificate which is then sent for registration to the registry office in the
first arrondissement in the capital (Civil Code,
art. 174).
(b) Foundlings
127. Anyone finding an abandoned newborn baby is
required to notify the registrar in the place where the baby is discovered. A
detailed
report is prepared, specifying, in addition to the details included in
article 154 of the Civil Code, the date, time, place and circumstances
of the
discovery, the apparent age and the sex of the baby, any distinguishing features
that might help identify the baby and the
name of the institution or person
entrusted with the baby. This report is dated and entered in the records of the
registry office
(art. 171, para. 2). On the basis of this
information, the registrar prepares a certificate which serves as a birth
certificate.
(c) Gabonese children born abroad
128. The birth certificate for a Gabonese child
born abroad is drawn up outside Gabon by the foreign authorities and registered,
either
automatically or at the request of the child’s parents, by the
diplomatic or consular agents of Gabon responsible for the territory
in the
official registers kept by them (art. 159, para. 1).
129. If no
notification of the birth is received before the legal deadline, the registrar
can record the birth only by registering
a decision of the civil court (a
supplementary decision) containing the statements relating to the notification
of the birth. The
competent court and registrar are those of the place of birth
of the child concerned (art. 172, para. 1). If this place is not
known,
the competent court is the one in the place of domicile of the applicant
and this court decides where the decision will be registered
(art. 172,
para. 2). If the date of birth is known or thought to be known, the
decision is mentioned beside that date in the margin
of the registry books
(art. 172, para. 3).
130. A decision that an adopted child has
ceased to belong to his or her family of origin replaces the decision
registering the birth.
It should contain all the statements relating to birth
certificates (art. 173).
131. The following obstacles are
encountered in implementing these provisions:
− The cost of the supplementary decision, which discourages some parents from registering their child if they miss the legal deadline;
− The distance between the birth-registration centres and the parents’ home;
− Ignorance of the legal deadlines for notification;
− Ignorance of the importance of registering the child and of the compulsory nature of registration.
132. Many foreign children
do not have identity papers because they entered Gabon illegally or because of
their parents’ negligence.
It also happens that when parents separate,
one of them keeps the child’s identity papers.
4. Filiation
133. Filiation is the link between parents and
children. It can be legitimate (Civil Code, art. 391), natural
(art. 414), adulterine
or incestuous (arts. 435 and 436). Proof of
legitimacy is provided by marriage between the father and mother
(art. 393), by the
birth certificate or by the uninterrupted possession of
the status of legitimate child (art. 395). Proof that it is natural,
adulterine
or incestuous is provided by the birth certificate or recognition by
the father and mother (arts. 414, 415 and 435).
134. It should be noted that all children born outside marriage, even those
born of adulterous or incestuous relationships, are made
legitimate by
subsequent marriage between the father and mother if their filiation has been
legally established before marriage or
if the father and mother recognize them
at the time of marriage (Civil Code, art. 438).
135. Anyone may,
using any form of evidence, challenge the natural filiation resulting from a
birth certificate, recognition or possession
of status (art. 434).
Maternity or paternity suits are filed with a view to protecting the child, who
has a right to a family.
When the child is a minor, therefore, they are brought
on the child’s behalf by his or her representatives
(art. 429).
136. However, a paternity suit is not admissible if it
has been established, either medically or otherwise, that the putative father
is
not the father (art. 428). The suit must be brought within two years of
the child’s birth or, if the supposed mother and
father have lived
together or if the supposed father has contributed for some time to the
child’s upkeep, within the year following
the couple’s separation or
the father’s last contribution (art. 432). If the suit is not
brought while the child is
a minor, the child may bring it only for a two-year
period following attainment of majority or for a two-year period following the
date on which he or she is deprived of paternal filiation by a court decision or
the date on which maternal filiation is established
(art. 432,
para. 2). Paternity or maternity suits are discussed in the judge’s
chambers and only the decision is made public
(art. 433).
5. Family relationships
137. Under the provisions of articles 9 and 10
of the Convention, children have the right to live with their parents, unless to
do
so is considered incompatible with the best interests of the child. They
also have the right to maintain contact with both parents
if they are separated
from one or both of them.
138. In addition, children and their parents
have the right to leave any country and to enter their own for the purpose of
family
reunification or to keep up relationships with family members. In
domestic legislation, article 1, paragraph 14, of the Constitution asserts the
importance of family relationships.
139. Articles 493 and 494 of the
Civil Code stipulate that children of all ages owe a duty of respect and honour
to their father and
mother and other ascendants, just as the latter have a duty
to keep and raise them until they reach the age of majority or emancipation.
Article 501 of the Code specifies that children must keep up relationships with
their parents and other ascendants.
140. The Penal Code sanctions
parents’ abandonment of their family, the abandonment of a pregnant woman
(art. 271) and non-representation
of a child (art. 280).
B. Freedom of expression
141. Article 13 of the Convention reaffirms the
right to freedom of expression guaranteed to every individual by the Declaration
of
the Rights of Man and of Citizens of 26 August 1789. Children also have the
right to seek, receive and impart information and ideas
provided that public
order is respected.
142. In conformity with article 13 of the Convention,
article 1, paragraph 2, of the Gabonese Constitution states, that freedom of
conscience, thought, opinion, expression and communication and the freedom to
practise one’s religion
are guaranteed to all, provided that public order
is respected.
143. It is clear that children in Gabon have traditionally
not had the right to speak out very much, but this situation is changing.
There
is therefore a need to organize and increase the outlets in all media where
children can express themselves, as they do in
the children’s parliament
set up by the National Assembly.
C. Freedom of thought, conscience and religion
144. This right, as defined in the 1966
International Covenant on Civil and Political Rights and as set forth in article
14 of the
Convention, involves the freedom to have or to adopt a religion or
belief of one’s choice and to manifest it in public or private,
including,
for example, by performing certain practices and traditional
rituals.
145. Article 1, paragraphs 2 and 16, of the Gabonese
Constitution guarantee these freedoms while reserving the right of parents to
decide on the child’s moral and religious education within
the framework
of compulsory schooling. Freedom of worship is guaranteed by Act No. 35/62
of 10 December 1962, concerning associations.
In practice, children follow
the religion of their parents until they become adults, although there has been
a surge in support
for the “awakened” churches
(“églises éveillées”), which children sometimes
join without
consulting their parents. Nevertheless, there is a need to tighten
the regulations on the recognition of religious associations.
D. Freedom of association
146. This right, which is set forth in article
15 of the Convention, stresses the active participation of children in society
and
also reflects article 12 of the Convention, on children’s right to
express their views freely. The only limitations applicable
concern respect for
public order and moral standards. At the same time, children can learn about
their rights and promote them within
the framework of associations and peaceful
assemblies.
147. In Gabon, Act No. 35/62 of 10 December 1962 guarantees
this right, subject to the limitations prescribed by law in the interests
of
national security, public safety or public order, or to protect health, public
morals and the rights and freedoms of others.
At the practical level, there are
lay, political and religious youth associations such as:
− The youth wing of the Gabonese Democratic Party;
− Jeunesse étudiante chrétienne (Young Christian Students);
− Jeunesse ouvrière chrétienne (Young Christian Workers);
− Scouts;
− Associations of young Christians against AIDS;
− Association jeunes et santé sur la reproduction (Young People’s Reproductive Health Association).
148. It is
hoped that youth associations will become real centres for raising awareness of
the major problems threatening to undermine
children’s future.
E. Protection of privacy
149. The right to privacy as set forth in
article 16 of the Convention is applied without discrimination. It protects the
child’s
privacy in a variety of situations involving the family, the home
or the institutions or centres where the child may be placed, as
well as in the
child’s correspondence, relationships and communication with other people
like doctors, schoolteachers or ministers
and control of the environment in
which the child lives and files or records concerning the child.
150. The
Constitution and certain Gabonese laws guarantee and protect every
citizen’s privacy. For example, article 1, paragraphs 5 and 12, of the
Constitution guarantee the confidentiality of correspondence and the
inviolability of the home and the mail.
151. The same applies to the
protection of children’s privacy when they are in conflict with the law.
For example, the hearing
in camera of cases involving minors (Code of Criminal
Procedure, art. 147) is intended to protect their privacy, as are the omission
of convictions from a minor’s police record (art. 230 (e)), the ban on
press publication of reports on cases involving minors
and the sentences to
which anyone ignoring this ban is liable (art. 147).
152. However,
despite these provisions, children’s privacy is not respected by parents,
because children are traditionally seen
as mere objects, not as subjects at law.
In this respect, it is observed that children’s personal and intimate
belongings are
routinely checked and children have no private space to be alone
(children of different ages, parentage and sex often have to share
the same
room).
F. Right of access to information
153. Article 17 of the Convention attributes a
positive role to the media, which, by disseminating material of benefit to
children,
may contribute to their physical and mental health and serve as a
valuable teaching tool. When children’s rights are violated,
the media
help to expose the facts. However, the media can be harmful when they are badly
organized and misguided. They can then
have a negative influence on children.
The “media” here refers to all audiovisual media, the press,
writings, posters,
the theatre, music and so on.
154. The following media and bodies exist in Gabon to implement article 17 of
the Convention:
− Department of Communication;
− National Communication Council;
− Television;
− Radio;
− The press;
− Cultural centres;
− “Internet Gabon” services;
− The National Library;
− Street theatre;
− “Espace Jeune”, a television programme that gives young people a chance to speak out;
− Dance, songs and music, as part of various cultural events;
− Annual festival of culture;
− Annual music festival;
− Twinning arrangements with national and foreign schools;
− Distance-learning opportunities via the National Centre for Distance-Learning;
− The cross-sectoral IEC (Information Education Communication) programme;
− Reading centres;
− Listening booths.
155. As part of its work or at the
request of parents, the National Communication Council censor programmes that
are harmful to children’s
education or morality or to moral standards in
general. Access to information should be made easier for all children by
keeping
prices low in places where information is available and by increasing
the variety and number of libraries, theatres and documentation
and information
centres.
G. Right not to be subjected to torture or other cruel,
inhuman or
degrading treatment or punishment
156. Article 37
stipulates that no child shall be subjected to torture, other cruel treatment or
punishment or unlawful arrest or
detention. Capital punishment and life
imprisonment without possibility of release are prohibited for offences
committed by persons
below 18 years of age.
157. Every child deprived of
liberty shall be separated from adults unless it is considered in the
child’s best interests not
to do so. The child has the right to legal
assistance and the right to receive visits from his or her family. The Gabonese
Constitution establishes this right in article 1, paragraph 23. Article
272 of the Penal Code provides for punishment for child abuse.
158. In
practice, the President can pardon any person sentenced to death. It should
also be noted that children have special quarters
in short-stay
prisons.
159. However, it should be noted that police detectives and
prison officers torture detainees during preliminary investigation and
detention.
V. Family environment and alternative care
160. This section deals
with relations between children, their parents or legal guardians, and the
State, which should provide the
legal framework for those relations and help
parents to exercise parental authority in accordance with the general principles
of
the Convention. It refers to a number of articles, which are summarized
below.
161. Article 5 defines the family in a broad sense, and includes
relations with others involved in the direction and guidance of the
child in a
manner consistent with his or her evolving capacities.
162. Article 18
deals with the common responsibilities of parents, and with State assistance.
As the natural, basic unit of society
and the primary environment for the
socialization of any individual, the family is protected by the State. Parents
have the primary
responsibility for the upbringing of the child and must provide
adequate protection, care, education and living conditions. The
State has an
obligation to assist parents in the performance of their responsibilities
towards children. If parents fail in their
responsibilities, the State shall
provide the child with the necessary help and assistance, in accordance with the
rights contained
in the general principles of the
Convention.
163. Article 9 establishes the right of the child to know and
live with his or her parents. If a child needs to be separated from
his or her
parents, article 9 recommends that judicial and other procedures should be
carried out with due regard to the best interests
of the child and, to the
extent possible, to his or her views. There are many possible reasons why a
child may be separated from
his or her parents, including death, divorce, war,
imprisonment, fostering, adoption and expulsion. In all cases, the State shall
ensure that the child is protected, by facilitating and promoting contact with
family members and providing the child with an
alternative family environment in a public or private institution. It shall
also ensure the functioning of the body responsible for
supervising and
monitoring such alternative environments.
164. Article 10 obliges States
parties to deal in an expeditious and humane manner with applications by parents
or children to enter
or leave the country for the purpose of family
reunification. It pays particular attention to the situation of displaced
persons
or refugees fleeing from war, and to that of economic migrants. It is
related to article 22, on refugee children, and article 38,
on armed
conflicts.
165. Article 27 recalls to some extent articles 5 to 7 and 18,
insofar as it highlights parents’ joint responsibility and State
assistance, where necessary, in providing children with material, financial,
moral and spiritual support. The State shall, in particular,
take appropriate
measures to recover maintenance for the child and ensure respect for the right
of every child to the fullest possible
development of his or her
potential.
166. Article 20 introduces the notion of temporary or
permanent deprivation of family environment, for the various reasons mentioned
above. It emphasizes that the State should help the child to find alternative
care, with priority given to family placement. The
State shall ensure that a
child in such an alternative family environment is treated with due humanity,
dignity and respect. The
aid provided by the State to foster families when
needed helps reinforce an eroding family and social
solidarity.
167. Article 21 deals with adoption. The Convention draws
States parties’ attention to cases of adoption for financial or commercial
gain. It obliges them to set conditions for adoption that make it possible for
the child to maintain contact with his or her natural
family.
168. Article 11 obliges States parties to take measures to
prevent children from being abducted from their own country or illegally
kept
outside the State’s jurisdiction; and to ensure that children abducted
from another State by persons other than their
parents or brought into the
country illicitly by one of their parents are returned to the place of origin.
It encourages States
to accede to multilateral agreements such as the 1980 Hague
Convention on the Civil Aspects of International Child
Abduction.
169. Lastly, articles 25 and 39 deal with the monitoring of
treatment provided to a child, which should aim to promote social
reintegration.
A. Parental guidance
170. According to
articles 493 et seq. of the Gabonese Civil Code, parents are responsible
for a child’s upbringing until he or she reaches the age of majority,
or
even beyond. The parents take the major decisions concerning the child’s
life. Article 501 of the Code brings Gabonese
legislation into line with the
African Charter on the Rights and Welfare of the Child by stating that the
family environment is the
best place for a child to grow up and develop.
Parents should therefore specially protect that
environment.
171. According to the Education Act, parents must place
their children in school between the ages of 6 and 16. However,
children’s rights are restricted by various
factors, including:
− The social, affective and cultural environment in which they live;
− Overcrowding in urban primary school classes, which leads to children dropping out;
− Initiation into traditional rites by grandparents, without the parents’ consent.
172. In order to prevent the
occurrence of such situations, which inhibit children’s development, the
State should make fresh,
more intensive efforts to raise awareness in the
community, which is another factor in children’s education in the broad
sense.
B. Parental responsibility
173. Article 18 of
the Convention states that both parents jointly have primary responsibility for
the upbringing of a child, and
that the State should help them in the
performance of those responsibilities by rendering appropriate
assistance.
174. In customary terms, family responsibility for a child is
very extensive, since the child belongs to the community as a
whole.
175. Article 1, paragraph 16 of the Constitution emphasizes
parents’ duties towards their children and articles 494 to 501 of the
Civil Code deal with the obligation to maintain
and educate a child until the
age of majority or emancipation. The child is subject to the authority of his
or her parents and that
authority includes other rights and obligations,
including the care and education of the child, administration of the
child’s
property and consent to the child’s marriage, adoption or
emancipation (art. 495).
176. This authority is exercised jointly by the
father and mother and any decision or action taken by one parent is deemed to
have
the agreement of the other (art. 496). However, in certain situations the
parents may lose this authority. The legislation lists
the following
situations, among others:
− The parents are unable to state their wishes;
− The parents have relinquished all or part of their authority by placing the child in the care of a public service or a duly recognized or authorized establishment or association;
− The parents have surrendered or been deprived of all or part of their authority;
− In the event of divorce, legal separation, death, etc.
177. In addition to these measures, and as part of its policy of assisting
parents in guaranteeing children’s rights, the State
has
established:
− An extended vaccination programme;
− School medical services;
− A welfare service for civil servants;
− A supplementary benefit fund for contract workers and the poor;
− A social security fund for private-sector workers;
− A national nutrition centre;
− Free school transport for schoolchildren (although a charge will be introduced as from the 2000/2001 school year);
− Free school supplies (proposal); and
− Teacher training centres.
178. Children may be
deprived of affection as a result of polygamy, family break up and the
increasing numbers of single parent families.
In 1998, for example, out of 138
children taken into care by the Department of Social Services (Youth Protection
Service), 69 were
from broken or single parent families, and 68 of those were
female-headed households.
C. Children deprived of a family environment
179. The family in
Gabon is protected under the Constitution, article 1, paragraph 14 and the Civil
Code, articles 252 et seq., as the basis of society and the best
environment for the child’s development.
180. A number of
alternative structures are provided under customary law, including:
− In the event of the death of one of the parents, care of the child is entrusted to the other parent (art. 527);
− If the parents are put in prison, the court notifies the social services, which shall provide for the care of the child if the family does not do so;
− In the event of divorce, according to article 273, paragraph 4 of the Civil Code, the Youth Protection Service shall investigate which of the parents can offer the child the best living conditions.
181. Children whose parents live in a consensual union are protected by law
in the same way as the children of a legal marriage.
Generally speaking, if
parents are absent, family solidarity takes over. Guardianship and adoption are
other alternative measures
for children deprived of a family environment. Under
article 1, paragraph 14 of the Constitution, children are placed under the
special protection of the State. Provision is made for the guardianship of
abandoned or orphaned
children in article 527 of the Civil Code. Provision is
made for adoption in article 445, paragraphs 3 and 4, and for the care of
children in conflict with the law in article 56 of the Penal
Code.
182. The conditions for adoption are regulated by law: simple
adoption is adoption that does not involve a break with the natural
family; full
adoption involves a break with the natural family. The conditions depend on
age, civil status, morality, financial
means, etc. (Civil Code, arts. 449 et
seq.).
183. However, the law makes adoption difficult, economic
difficulties place family solidarity under strain and guardianship is sometimes
abused.
184. The State must therefore help families in difficulty,
simplify adoption procedures and ensure that guardianship is genuine and
effective.
D. Family reunification and displaced children
(a) Family reunification
185. According to the
Constitution, article 1, paragraph 1, and the Civil Code, article 501, children
shall be maintained by their parents. The courts and social services
work
towards family reunification. In 1998 and 1999, social services attempted 46
family reconciliations.
(b) Involuntarily displaced children
186. Gabon has adopted legislation to prevent
the removal of minors from the national territory and child abduction is
penalized under
article 275 of the Penal Code. Kidnapping of children by one of
the parents has always occurred, however. In addition, refugee
children have
been entering Gabon for some time, and the State will have to reinforce those
parts of the Penal Code dealing with
protection of all children, including
expatriate children.
187. The Hague Convention on the Civil Aspects of
International Child Abduction should be applied, particularly in the case of
expatriate
children working in Gabon who are exploited by those responsible for
their displacement: in 1998, 582 expatriate children aged seven
and above were
found to be working as housemaids, babysitters, salespersons (fruit and
vegetables, pharmaceuticals and traditional
medicines, inter alia) and
car mechanics.
E. Standard of living
188. Article 1, paragraph 16 of the
Constitution and articles 494 and 481 of the Civil Code deal with parents’
obligation to maintain and bring up their children and their
obligation to pay
maintenance.
189. In terms of schooling, the State no longer helps parents to
improve their own education and personal development, since in practical
terms
parents then find it very difficult to put their children’s well-being
first. However, legislation is being enacted
to address this situation.
Although pay levels are good in comparison with other countries (the minimum
wage (SMIC) is CFAF 44,000),
they have not kept up with the cost of
living.
190. When a child is deprived of his family environment, efforts
are made to set family solidarity mechanisms in motion so that the
child can
preferably remain in his or her original environment. If necessary, the child
may be placed in an adoptive family. Between
1980 and 1998, for example,
40 children were adopted by private individuals (source: Department of Social
Affairs). As a last resort,
the child may be placed in an institution. During
the same period, one child was returned to his country of origin and four were
placed in foster families. However, there are cases of bogus guardianship
arranged with a view to receiving social benefits without
fulfilling the
corresponding obligations.
191. Adoption procedures and conditions are
very restrictive:
− A child aged 15 or over may not be adopted;
− The child must have neither mother nor father;
− Any person wishing to adopt the child must not already have a legitimate child; and
− A couple wishing to adopt must be legally married.
VI. Health and well-being of the child
192. According to the World Health Organization
(WHO) definition, health is a state of complete physical, mental and social
well-being,
not merely the absence of illness or infirmity. Article 29 of the
Convention reflects the articles containing the general principles
of the
Convention, i.e. non-discrimination, the best interests of the child, its life
and survival, and the development and involvement
of the child.
193. A
number of international programmes and plans of action have been prepared for
United Nations Member States, including:
− The World Summit for Children, held in September 1990, which established health and education objectives to be attained by 2000, in particular in the area of primary health care and vaccination in Africa;
− The International Conference on Population and Development, held in Cairo in September 1994, which focused world attention on malnutrition as a cause of infant mortality;
− The fourth World Conference on Women, held in Beijing in 1995, which emphasized adolescents’ right to health and to protection against commercial sexual exploitation, and girls’ right to education;
− International mobilization to combat the HIV/AIDS pandemic.
194. As regards Gabon’s legislative
framework, Ordinance No. 1/95 of 14 January 1995 establishes the country’s
health
policy guidelines. This Ordinance attaches great importance to the
mother and child, in particular in articles 1 to 38. Health
is defined as a
state of complete physical, mental and moral well-being that ensures the growth
and development of the individual
child and a well-balanced social life (art.
1). The general principles of child health protection are then outlined,
including State
guarantees, to the extent possible. The Ordinance links the
protection of mother and child in order to reduce maternal morbidity
and
mortality rates and as a means of preventing childhood diseases and high-risk
pregnancies (art. 10). Articles 1, 12 and 13 establish
priority action to
be taken on the ground by mother and child health centres with responsibility
for mothers’ and children’s
health care. They also give staffing
specifications: doctors, midwives, public health nurses, nutrition experts,
health educators
and social workers working with health officials and
traditional midwives.
195. Health legislation also provides for free,
compulsory health checks for children of preschool age and for children’s
hospitalization
charges to be paid by the competent State
services.
196. Statistical data make it possible to evaluate the success
of the Government’s health policy as regards promotion of mother
and child
health. The rate of breastfeeding in Libreville, for example, is 17.7 per cent,
professionallyassisted deliveries 79.7
per cent, and antenatal
care 86.5 per cent (source: Ministry of Health).
197. The
Department of Health organizes primary health facilities in the major centres
and rural areas. The health education service
and vaccination service
constitute a single Department.
198. Despite the existence of facilities
and the high rate of consultations for antenatal care (85 per cent),
mortality rates remain
very high: infant mortality is 94 per 1,000, child
mortality (under-fives) is 154 per 1,000 and maternal mortality is 500 per
1,000.
199. In the area of child health care, the national services
collaborate closely with international bodies and programmes such as
WHO,
UNICEF, the United Nations Population Fund (UNFPA), UNDP, the European
Development Fund (EDF) health project, financial support
projects for Gabon and
a number of health programmes of action.
200. The National School for
Health and Social Welfare produces trained staff qualified in health and social
welfare.
201. Despite the amount of legislation and draft legislation on
the subject, health care is still not free of charge, the cost of
medicines is
still high and social security legislation is not reflected in practice.
However, social services provide a free medical
check-up service in
crèches and nursery schools.
202. Articles 16 to 29 of the 1995
Ordinance deal with the extension of vaccination coverage and follow-up, free
compulsory vaccination
and health checks for children of pre-school age and care
provision for sick children.
203. Vaccination coverage in 1993 was 51.5
per cent in urban areas and 45.6 per cent in rural areas.
Health indicators
Urban areas
|
Rural areas
|
|
BCG (tuberculosis)
|
98%
|
96%
|
DPTP3 (diphtheria, pertussis, tetanus and polio)
|
74%
|
56%
|
Measles
|
67%
|
62%
|
All vaccines
|
56%
|
46%
|
Access to drinking water (source: General Population and Housing
Census)
|
78%
|
40%
|
Exclusive breastfeeding up to 4 months
|
14%
|
|
Rate of use of oral rehydration therapies (source: UNICEF)
|
25%
|
|
Rate of HIV among the sexually active population
(source: National Anti-AIDS Programme, 1997) |
4%
|
|
Percentage of the rural population living more than one hour away from a
clinic (source: World Bank)
|
86%
|
|
Women who have had at least one abortion (source: MSR (Maternité
Sans Risque) survey)
|
50%
|
|
Newborns with a birth weight of less than 2,500 g
|
10%
|
|
204. A multiple-indicator survey carried out by UNICEF in 1995 put the
rate of exclusive breastfeeding at about 15 per cent.
205. In order to
optimize the operation of mother and child healthcare institutions and services,
the State should increase the resources
allocated to that area and enhance its
understanding of resource utilization.
206. Other possible measures
include:
− Promotion of community involvement in health by encouraging self-help among community residents and prioritizing prevention;
− Development of cooperation between all institutions and State services involved in mother and child health;
− Establishment of partnerships with competent national and international NGOs;
− Access to (generic) medicines and quality health care;
− Development of family planning programmes.
VII. Education, leisure, recreation and cultural activities
A. Education
207. Article 28
establishes the right to education as a basic need for every child. It
emphasizes that such education should be based
on equal opportunity, in
accordance with the general principles of the Convention. The State should make
every effort to guarantee
free primary education and to encourage girls to
attend school, in order to narrow the gap between girls and boys. This
principle
was reaffirmed at the 1990 World Summit for Children.
208. As
regards the aims of education, article 29 reflects the worldwide consensus that
education should develop children’s
potential to the full, prepare
children for responsible life in a free society and develop respect for others
and for the natural
environment. It reaffirms the principle of freedom of
choice of education, while acknowledging that a number of factors may hinder
the
free exercise of that right, including poverty and inadequate educational
infrastructure.
1. Gabonese legislation
209. The Constitution recognizes the various
principles of the Convention in article 1, paragraph 16, which stipulates that
children’s education
is a natural right of parents and a duty that they
perform under the supervision, and with the help, of the State and the
community.
With regard to school education, parents have the right to decide on
their children’s moral and religious education. The
State should ensure
that the curriculum is broad enough to permit the physical, intellectual and
moral development of the child.
210. In order to achieve these aims, the
Gabonese State has instituted the following executive bodies:
− Ministry of Preschool Education, now attached to the Ministry of Education;
− Ministry of Social Affairs, which used to include an education service;
− Ministry of Higher Education;
− Ministry of Health.
211. There are also a number of
laws and decrees regulating the education sector, including:
− Act No. 16/66 of 9 August 1996, on the general organization of education in Gabon;
− Act No. 21/84 of 29 December 1984, which regulates private education;
− Act No. 20/92 of 8 March 1993, which establishes special rules for education sector officials;
− Decree No. 16/92 of 9 August 1992, which establishes the powers of the Ministry of Education;
− Decree No. 69/MENESRS/SE/HCEN/IGEN/DGEP of 9 August 1990, which establishes a ministerial commission to consider applications and proposals for inservice training for national education officials;
− Decree No. 1/PMMIDSM/MENJSCFPPG/MESRE/MFBP of 8 February 1995, on the reorganization of technical and vocational training;
− Decree No. 619/PR of 1 May 1961, establishing the jurisdiction of the Minister of Education.
212. These measures
notwithstanding, the closure of a number of specialist schools such as
Agondjé school and the Mélen
farm school has raised major
questions. There is also a faculty of medicine at the Omar Bongo University in
Libreville. The need
for qualified personnel who are aware of the situation in
the country is one of the State’s concerns. There is a literacy
service
within the Ministry of Culture, which also helps children with educational
difficulties.
213. Gabon allocates nearly one tenth of the State budget
every year to national education, and in 1998 16.5 per cent of the investment
budget went to education. School is free and compulsory up to the age of
16.
Table 5: Education indicators
|
Average
|
Female
|
Male
|
---|---|---|---|
Literacy (source: General Population and Housing Census, 1993)
|
72%
|
66%
|
79%
|
School enrolment rates
|
Average
|
Girls
|
|
Primary (gross)
|
142%
|
140%
|
|
Primary (net)
|
86%
|
86%
|
|
Lower secondary (gross)
|
53%
|
51%
|
|
Lower secondary (net)
|
15%
|
15%
|
|
Upper secondary (gross)
|
16%
|
14%
|
|
Upper secondary (net)
|
5%
|
4%
|
|
School attendance rates
|
Average
|
Girls
|
Boys
|
Age 12-18 (gross)
|
81%
|
78%
|
85%
|
Age 12-15 (gross)
|
90%
|
|
|
Age 16-18 (gross)
|
70%
|
|
|
Percentage of students
|
Average
|
|
|
who reach class CM2
|
60%
|
|
|
who reach class 6
|
30%
|
|
|
who take the baccalauréat examination
|
1%
|
|
|
who complete primary school without
repeating a class |
3%
|
|
|
Number of students per teacher
|
Urban areas
|
Rural areas
|
|
|
73
|
74
|
|
Source: Ministry of Education, 1995.
2. Analysis
214. Enrolment rates are lower for girls than
for boys, particularly after the age of 12. Even more worrying are the
appalling repetition
and drop-out rates. Of 100 students who start school,
fewer than 60 reach class CM2 [last year of primary school], fewer than 30
reach
class 6 [first year of secondary school] and only one takes the
baccalauréat.
215. Despite the amount allocated by the Gabonese
State to education, the principle of free, compulsory education is difficult to
apply in practice in all State schools.
216. The school system as a whole
does not have a very satisfactory record. The curriculum aims solely to enable
schoolchildren to
move up to the secondary level, even though the majority of
them will not do so. They are therefore ill-prepared for working life.
Many of
those who do not complete primary education will swell the ranks of the
unemployed or turn to crime, and most are condemned
to a life of
poverty.
217. These problems can be attributed to many factors: serious
deficiencies in the management of the education system, inadequate
planning,
poor distribution of income and a lack of oversight, resulting in a shortage of
teaching material, poorly qualified teachers
and overcrowded classes. In
Libreville there is an average of 100 students per class, which means that many
schools are obliged
to have two half-day shifts. In rural areas, the ratio is
little better, with 40 students per class. In addition, many rural schools
are
built of flimsy materials and have no furniture or teaching aids. Sixteen per
cent of schoolchildren have only one teacher for
all six primary years and
some schools have no teacher at all.
218. Another factor in school
failure is parents’ lack of interest in their children’s school
work. One reason for children
dropping out of school is that many parents do
not have the means to buy school supplies or to pay private school fees for
their
children: children may not repeat a year more than once in State schools
and must switch to a private school if they wish to continue
their studies.
Lastly, children find it difficult to organize their free time.
219. The
State is aware of these problems and is trying to address them through teacher
training and by building schools. The quality
of teaching in all Gabon’s
schools must be improved and vocational training curricula must be expanded with
the introduction
of courses in agriculture, stockbreeding and fishing in the
middle school. These courses should be short (between two and four years)
and
tailored to children who are unable to keep up on longer courses or who have
been excluded from the system for other reasons,
including poor retention
capabilities.
220. Schools must be built for children with disabilities,
along the lines of the Nzeng Ayong school for the deaf, and private schools
must
be supported. A training centre for the deaf and blind is planned at
Lébamba. NGOs also offer basic vocational training
for children with
mental, physical or sensory disabilities.
221. In addition to these measures and concrete actions, educational
facilities must be developed further in order to implement article
1, paragraph
18 of the Constitution, which stipulates that the State shall guarantee
children’s and adults’ access to education, vocational training and
culture.
B. Leisure, recreation and cultural activities
222. Key expressions here are rest, play,
leisure, recreation and cultural activities. Rest is a right that is
incompatible with
the idea of disturbing the peace. In terms of leisure, States
parties should organize sporting, recreational (cinema) and cultural
activities.
Article 31 draws their attention to the need for urban development that provides
green spaces for rest, play and other
recreation and cultural
activities.
223. In Gabon, the Ministry of Justice, Culture, Sport and
Leisure defines State policy on leisure, recreation and cultural activities,
as
stipulated in the Constitution with regard to equal access to culture for all
children (art. 1, para. 18). In the provincial capitals, the Ministry is
closely
involved at the organizational level. In domestic legislation, under
Decree No. 951/MJACSE/DS of 1 October 1970, on the establishment
of the
Gabonese School and University Sports Office, events are organized throughout
the country every year in all fields of sport
with the aim of identifying future
representatives of Gabon for the various African competitions.
224. Also
worthy of mention are Decrees Nos. 602/PR/MJSC17/DS of 30 September 1969, on the
organization of civil sport, and 44/PR/MJS
of 15 April 1974, on the
establishment of the National Youth and Sports Institute, which is responsible
for training qualified sports
and recreation staff.
225. As regards the
protection of minors, Ordinance No. 59/76 of 1 October 1976 bans minors aged
under 21 from public places after
9 p.m.
226. Under the Decentralization
Act, No. 15/96, communities may organize recreational activities at the local
level in pursuit of
State policy. The Associations Act, No. 35/62
of 10 December 1962, regulates sports and theatre associations. The
regulations also authorize the opening of cinemas
and other leisure facilities,
such as games rooms.
227. In practice, domestic legislation is rarely
followed. The leisure and sports facilities that exist are unevenly distributed
across the country. They are to be found only in major urban centres and access
is frequently difficult. In schools, the facilities
are often old or
non-existent. There are still schools with no playgrounds and there is no
organized sport except football, despite
Gabon’s poor results at the
African level.
228. Culture, sport and recreational activities need to be
revitalized, and in some cases organized, in Gabon. Economic difficulties
have
meant that little attention has been paid to this sector, so important for human
development. The State should make every effort
to reinstate these activities,
as indeed a number of private organizations are doing, including companies such
as Elf-Gabon, Shell-Gabon and Comilog, and youth movements such as the
Gabonese Scouts and Guides, the “Brave Hearts”
(Coeurs
vaillants) and the “Brave Souls” (Ames vaillantes), and
associations such as JEC, JEN, Caritas, SOS Mwana, COSE-Enfants, CEMEA Horizons
nouveaux, AFEG, ASMARE, Club Unesco and AFJG.
VIII. Special protection measures
229. This section deals with children in
situations of emergency, such as child victims of armed conflicts and
exploitation and those
in need of social reintegration measures. It also
concerns children in conflict with the law.
A. Children in situations of emergency
1. Refugee
children
230. Article
22 emphasizes the need to protect the rights of refugee children and provide
them with appropriate humanitarian assistance,
in conformity with international
humanitarian instruments such as the Geneva Conventions of 12 August 1949 and
Additional Protocols
thereto, and the 1951 Convention and 1967 Protocol relating
to the Status of Refugees. States parties are asked to cooperate with
national
and international humanitarian institutions and organizations, such as the
Office of the United Nations High Commissioner
for Refugees, to foster family
reunification and facilitate procedures for the granting of identity (refugee
status, nationality,
reestablishment of name, etc.).
231. It is
difficult to determine the number of refugee children in Gabon, as the Office of
the United Nations High Commissioner for
Refugees is currently taking a census
of all persons holding refugee status in Gabon.
232. With regard to
protection of refugee children, Gabon cooperated with the Office of the High
Commissioner and with NGOs in receiving
a large number of refugee children as a
result of the war in Biafra, Nigeria. Although international instruments such
as the African
Charter, in its articles relating to refugees, stipulate that
such children should enjoy the same rights as other children with regard
to
protection, education, health and employment, they nevertheless encounter many
difficulties in daily life:
− Refugee children are not guaranteed automatic entry into the advanced specialized schools called “national” schools;
− There is no national commission responsible for studying their case and providing them with a paper granting them refugee status and the right of asylum;
− Lack of basic documents granting refugees the right to freedom of movement (travel document, birth certificate, etc.);
− Difficulties encountered in the area of family reunification for unaccompanied refugee children;
− Lack of dissemination of the African Charter, which addresses the protection of refugees, among the different strata of Gabonese society;
− Lack of statistics or protection policies in the area of primary health care (doctor’s visits, purchase of medicines) and education (UNHCR study fellowships cover only nominal costs and are awarded late, making the children who receive them poorly prepared for the beginning of the school year).
2. Protection of children in armed conflict
233. The provisions of article 38 clearly
stipulate that States parties must respect the rules of international
humanitarian law applicable
to them during armed conflicts. These include the
Geneva Conventions of 12 August 1949 and the Additional Protocols thereto, the
African Charter on the Rights and Welfare of the Child, and the African Charter
on Human and Peoples’ Rights. In addition
to the special protection
granted children involved in armed conflicts, the Convention stipulates that
States parties must refrain
from recruiting into their armed forces children who
have not attained the age of 15 years and must ensure that they do not
participate
in armed conflicts.
234. This age limit conflicts with
article 1 of the Convention, which defines children as human beings below the
age of 18 years.
Consequently, in 1994 the Commission on Human Rights, at the
suggestion of the Committee on the Rights of the Child, established
an
open-ended intersessional working group to elaborate a draft optional protocol
to the Convention on the Rights of the Child on
the involvement of children in
armed conflicts, which would, in particular, raise the age for recruitment and
participation in hostilities
to 18. A study by Ms. Graça Machel on
the impact of armed conflict on children showed that war was harmful to
children, particularly
“child soldiers”, from the physical, mental,
moral and spiritual points of view. It also showed that the factors leading
to
the participation of children in armed hostilities were poverty,
children’s lack of activity and the increase in conflicts
and political
tensions, particularly in Africa. Paragraphs 80 and 81 of this report provide
additional information on recruitment
into the armed forces in Gabon.
3. Recovery and reintegration of child victims
235. Article 39 recommends that measures should
be taken to help child victims of any form of violence, neglect, abuse or
exploitation.
Its broad contents reflect the Convention’s provisions
concerning child labour (art. 32), drug use and trafficking (art. 33),
sexual
exploitation (art. 34), sale and trafficking of children (art. 35) and other
forms of exploitation (art. 36), torture and
other cruel and degrading treatment
(art. 37) and armed conflicts (art. 38). It also includes the health and
education sectors (arts.
24 and 28) and draws attention to children deprived of
a family environment, in particular as a result of judicial measures (arts.
37
and 40). All these categories of child victim require measures for recovery and
social reintegration.
236. Ill-treatment of children in Gabon may be
physical or moral, and is meted out by members of the traditional extended
family.
Article 1, paragraphs 4 and 23 of the Constitution establish the right
to protection from ill-treatment, as well as articles 223 et. seq., 230
et. seq. and 256 et. seq. of the Penal Code which
lay down punishment for all cases of violence against children.
237. Ill-treatment takes a number of different forms. It involves
physical or mental cruelty, may consist of physical violence, sexual
abuse,
abandonment, neglect or exploitation.
238. The Department of Social
Affairs recorded 146 cases of abandonment from 1980 to 1999 and 12 cases of
ill-treatment in 1998.
From October 1997 to May 1998, 25 cases of rape were
recorded by the prosecution division of the Libreville Court.
239. The
Youth Protection Service of the Department of Social Affairs, which is attached
to the court, is responsible for addressing
such cases. The service has social
workers, special education teachers, a sociologist, a psychologist and a
criminologist on staff.
They cooperate closely with the justice system to
prevent juvenile delinquence and all other forms of ill-treatment. To meet this
goal the service performs the following tasks:
− Conducts surveys to assess problems;
− Provides psychosocial treatment for the persons concerned, to help them find solutions to their problems. Such treatment may take the form of individual and family sessions, visits to homes or prisons, academic support and family, academic and even professional reintegration, through apprenticeships or through guidance and support provided by awareness-raising structures such as Agir pour le Gabon or specialized structures such as the Melen psychiatric hospital for the treatment of alcoholics and drug addicts.
240. However, addressing cases of ill-treatment
proves to be a difficult matter, for the following reasons:
− Limited reporting of child abuse due to family disapproval;
− Lack of specialized structures for treatment of such cases;
− Scarcity of qualified staff;
− Insufficient cooperation between the competent private structures and the State, as the latter does not provide them with any assistance.
B. Children in conflict with the law
241. Articles 37, 39 and 40 deal in particular
with children brought before the law and the treatment they receive.
1. Administration of juvenile justice
242. These provisions address the treatment
given to children from the time they are considered to be suspects, either
during arrest,
investigation or legal proceedings or during pretrial detention,
trial or conviction. They request States parties to establish a
minimum age of
criminal responsibility and suggest that it should be 18 years or
higher.
243. With regard to infringements of criminal law, they also
request that States seek to settle conflicts without resorting to legal
proceedings and give priority to non-custodial measures by promoting treatment
in non-prison settings. They also request that States
should prohibit capital
punishment and life sentences and refer to the United Nations Standard Minimum
Rules for the Administration
of Juvenile Justice when applying the criminal law
to children (both civilians and members of the military).
244. Gabonese
law prohibits capital punishment for pregnant women (Penal Code, art. 10) or
persons under the age of 18 (art. 60).
For further information, the reader is
referred to the definition of the child under criminal law (paras. 75 to 79 of
this report).
2. Treatment of children deprived of their liberty, recovery and social reintegration
245. The provisions of
articles 37, 39 and 40 were considered in paragraphs 235-244 of this report,
dealing with the recovery and
reintegration of child victims and the
administration of juvenile justice. They are also reflected in article 25
concerning review
of placement.
246. Children deprived of their liberty
in Gabon serve their sentences in a central prison, where they are incarcerated
in a special
section. In theory a special regime is provided for such children,
but in practice there are no structures for reintegrating them.
C. Children in situations of exploitation
247. Children may be exploited through economic
means (labour, sale, traffic), through use of narcotics, abduction, sexual
violence,
etc. All such forms of exploitation upset the child’s physical
and mental balance. Articles 32 to 35 of the Convention address
this
problem.
248. The Convention also draws States parties’ attention
to the harmful effects on children of child labour. It recommends
that States
parties should take measures to regulate the minimum age for admission to
employment and to set childrens’ working
hours, the nature of the work
they may perform and their conditions of employment, including systems of
control and penalties for
violation of such provisions.
1. Exploitation in the area of employment
249. Children in Africa work in the informal
economic sector under conditions of insecurity and precariousness as regards
jobs and
wages.
250. Article 177 of the Gabonese Labour Code (Act. No.
3/94 of 21 November 1994) stipulates that children cannot be employed in any
enterprise before the age of 16 years, unless dispensation has been granted by
decree at the joint initiative of the Ministers of
Labour, Public Health and
National Education, with due account taken of the circumstances and of the tasks
which they may be asked
to perform.
251. The collective agreements, such
as those in the banking and public works sectors, contain similar
provisions.
(a) International instruments ratified by Gabon
252. In addition to the Convention on the
Rights of the Child, Gabon has ratified International Labour Organization
Conventions Nos.
5, 10, 33 and 123, which set the minimum age of admission to
employment at 14 years. The conventions concern the following sectors:
industry, agriculture, non-industrial employment and underground
work.
253. In addition, two other instruments are currently being
considered by the Ministry of Labour with a view to ratification: Convention
No. 138 concerning the Minimum Age of Admission to Employment (1973) and
Convention No. 182 concerning the Prohibition and Immediate
Action for the
Elimination of the Worst Forms of Child Labour (1999).
254. It should,
however, be noted that the provisions of the Labour Code are more restrictive in
that they set the minimum age of
admission to employment at 16 years rather than
the 14 years specified by Convention No. 138.
255. At the regional
level, on 27 February 1992 Gabon signed the African Charter on the Rights and
Welfare of the Child (1990), article
15 of which contains the same provisions as
the Convention on the Rights of the Child, and the relevant ILO instruments
concerning
the minimum age of admission to employment.
256. Gabon has
also ratified ILO Convention No. 6 concerning the Night Work of Young Persons
Employed in Industry (1999). The main
provisions of this instrument, in
particular those contained in article 2, are entirely reproduced in article 168
of the Labour Code.
Gabon has also ratified the following conventions:
− Convention No. 52 concerning Annual Holidays with Pay;
− Convention No. 87 concerning Freedom of Association and Protection of the Right to Organise;
− Convention No. 99 concerning Minimum Wage Fixing Machinery in Agriculture;
− Convention No. 100 concerning Equal Remuneration for Men and Women Workers for Work of Equal Value.
In addition to ratifying
numerous conventions, Gabon has also signed the African Charter on the Rights
and Welfare of the Child, article
150 of which contains the same provisions as
article 32 of the Convention on the Rights of the Child.
(b) Implementation of the Convention on the Rights of the
Child (art. 32 (a))
(b.1) Formal sector
257. According
to various reports prepared by the Labour Inspectorate, no child under the
minimum legal age is working in the organized
sector and, moreover, the
dispensations provided for in article 177 of the Labour Code have not been
requested. In addition, the
joint decree setting the modalities for
dispensation was never issued. This attitude must be seen as a deliberate step
by the authorities
discourage the use of child labour.
(b.2) Informal sector
258. For some time now the use of child labour
has been on the increase. Child labour is a complex phenomenon that is
principally
due to migratory flows of foreign populations which bring into Gabon
the practices in use in their countries of origin. Consequently,
the
overwhelming majority of below-age working children is of foreign origin. This
phenomenon is beginning to affect Gabonese children;
it may be seen especially
in the main cities and has unique features.
259. Unlike foreign children,
Gabonese working children are not products of trafficking, nor are they employed
by their parents.
They have most often left their families or school and are
frequently found among the poorest strata of the population. The regime
is
comparable to that of casual or free-lance workers.
(b.3) Working hours and conditions of employment
260. The Gabonese Labour Code does not provide
for specific working hours for children. Article 5 of the common system sets
the maximum
hours of work per week at 40. However, the same article provides
that dispensation may be granted by decree at the initiative of
the Minister of
Labour.
261. However, the legislator has codified night work by children.
Article 167 of the Labour Code prohibits night work by children
under 18 years
of age, with the exception of establishments where all employees are members of
the same family. Article 168 of the
Code also lists other cases permitting
dispensation from the prohibition set forth in article 167. Other specific
measures are provided
for in the Labour Code in connection with the
following:
− Membership in trade unions (art. 274). Although this question is not related to conditions of employment, it deserves to be emphasized. Minors over 16 years of age may join a trade union of their choice, subject to their parents’ or guardians’ agreement, in the formal sector;
− Regime of annual leave (art. 185). Children under 18 years of age are entitled to extra annual leave (equivalent to a half-day per effective working day per month).
262. The Labour Code sets a single method for determining wages, for all
workers, based on the principle of non-discrimination. In
defining an
individual’s wage no account is taken of his or her age, sex or origin.
Employers pay all employees an equal wage
for equal skills and work
produced.
(b.4) Observation
263. Although the legislation provides for the
granting of dispensation from the common system (40 hours of work per week)
(Code,
art. 165), no decree has been issued for that purpose, and many children
working in the informal sector, in particular young domestic
workers, are forced
to perform night work despite the existence of regulations governing it.
(b.5) Sanctions or penalties aimed at ensuring
implementation of the Convention on the
Rights of the Child (art.
32)
264. According to
article 178 of the Labour Code, the Labour Inspectorate may require a medical
examination of children for work which
may be injurious to their health and may
order the contract rescinded when it finds a child to be performing work that is
beyond
his or her strength.
265. Infringements of article 177 (minimum
age of admission to employment) may be punished by means of the penalties set
forth in
article 195 of the Labour Code. These include fines ranging from
30,000 to 300,000 CFA francs and, in case of repeat offences, from
60,000
to 600,000 CFA francs, and prison terms ranging from two to six
months.
266. Violations of articles 4, 6 and 8, relating to forced
labour, employment of a child to prevent him or her from receiving mandatory
schooling and discrimination based on sex, race, age, colour, etc., carry
heavier penalties (Labour Code, art. 16), ranging from
a fine of 300,000 to
600,000 CFA francs, or 600,000 to 1,200,000 CFA francs in case of a repeat
offence, to one to six months imprisonment.
267. It is in fact rare for
sanctions to be applied. The labour inspectors’ scope of action is
limited to the organized sector,
which by its very nature does not use labour by
children under the legal age of admission to employment.
268. However, in
order to combat the use of child labour in the informal sector, in March 1998
Gabon became a partner in the International
Programme on the Elimination of
Child Labour (IPEC). A joint Benin-Gabon commission was established in March
1999 in the context
of bilateral cooperation. It is responsible for proposing
concrete measures to combat trafficking in and labour by Beninese children
in
Gabon.
269. With regard to ILO instruments, Gabon is considering
ratifying Convention No. 138 concerning Minimum Age of Admission to Employment
and Convention No. 182 concerning the Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labour.
2. Use of narcotic drugs
270. The Convention draws States’
attention to the fact that psychotropic substances and narcotic drugs may bring
about dependence
in children and cause them social, physical and mental
problems. Article 33 recommends that all measures should be taken to prevent
the use of children in the illicit production and trafficking of such
substances. In addition to properlysocalled drugs, States
should also take
measures to control the use of alcoholic beverages, tobacco and other solvents
which although they do not fall within
the scope of the international
instruments, remain harmful to children. The Convention recommends that States
parties should cooperate
in combating drug use by acceding to international
instruments.
271. In Gabon, aside from article 237 of the Penal Code,
which establishes penalties for the administration of substances harmful
to
health, article 208 of the Code punishes anyone who, without authorization,
cultivates, owns, offers, sells, acquires, buys or
uses substances or plants
classified by regulation as narcotic drugs (opium and its derivatives, heroin,
morphine, etc.). The penalties
were made more severe by Act No. 19/93 of 27
August 1993, amending article 208 of the Penal Code. Article 209 bis of
the Penal Code also establishes penalties for drunk and disorderly
conduct.
272. The Youth Protection Service of the Department of Social
Affairs assumes the costs of social, academic and professional reintegration.
There are, however, some obstacles:
− The Central Office for Drug Control is experiencing some operational difficulties;
− The Interministerial Commission to Combat Drug Addiction has not been very active;
− There are not enough appropriate structures or qualified staff for the care of young drug addicts.
3. Exploitation and sexual violence
273. Exploitation and sexual violence against
children are important concerns of States as the twentieth century draws to a
close.
They take various forms ranging from physical ill-treatment through
mental cruelty. They include the sale of children, abduction,
prostitution,
pornography, paedophilia and sexual harassment. International instruments such
as the Optional Protocol to the Convention
on the Rights of the Child on the
sale of children, child prostitution and child pornography and the documents of
the World Congress
against the Commercial Sexual Exploitation of Children, held
at Stockholm in August 1996, contain recommendations for the protection
of
children from such immoral behaviour.
274. Sexuality remains a taboo
subject in Gabon. Generally speaking, young people discuss sexuality with their
parents rarely if
at all. At the legislative level, articles 260 to 263 of the
Penal Code lay down punishment for prostitution, procuring and indecent
assault.
Article 265 of the Code lays down punishment for any person who commits or
attempts to commit a sexual act on the person
of a child under 15 years of
age.
275. Practically speaking, despite outreach efforts to address
sexuality-related problems among teenagers, conducted by the media,
NGOs and
State agencies, especially the Ministries of National Education, the Family and
the Advancement of Women and Social Affairs,
this subject remains a taboo at the
family level. This being the case, the entities involved must continue and
strengthen their
efforts to raise awareness of the evils represented by sexually
transmitted diseases and AIDS among young people.
4. Sale, traffic and abduction
276. The provisions of article 35 of the
Convention reflect article 21 on adoption (concerning protection of children
adopted abroad),
article 32 on economic exploitation and article 34 on sexual
exploitation. They include such subjects as rape and indecent assault.
Paragraphs 102 and 104 of this report deal with the penalties established by the
Penal Code for such acts, and paragraphs 75 et seq, which relate to the
definition of the child in Gabonese criminal legislation, also refer to this
subject.
D. Children belonging to a minority or an indigenous group
277. Despite the Convention’s aim to
provide full protection of the rights of the child, article 30 might appear
to be superfluous.
In this article the Convention emphasizes the child’s
right to peaceful enjoyment of lifestyles and beliefs which are not
harmful,
however strange they may seem to others. These provisions emphasize the rich
diversity of the cultures of the world in
the framework of human rights and the
general principles of the Convention.
278. Article 2 of the Gabonese
Constitution lays down the equality of all citizens without
discrimination.
279. Practically speaking, there are 40 ethnic groups,
including a few minorities, but this situation does not prevent indigenous
people from enjoying their cultural life, practising their religion or using
their own language together with the other members of
their group. Academically
speaking, the children of minorities may continue to practice their culture
freely while attending public
educational facilities. With regard to criminal
procedures, interpretation services are authorized.
IX. Observance of established norms
280. Article 41 of the Convention recommends
that States parties should amend their domestic legislation and conduct a
critical examination
of their practices before ratifying the Convention. Doing
so gives them the opportunity to remove anything that is not in conformity
with
the spirit of the Convention or to enter reservations (art. 51) to a clause of
the Convention which runs counter to their national
legal system
281. By
way of example, Gabon should have standardized the different minority ages
applying to children contained in its legislation
before ratifying the
Convention. For this reason, Gabon needs to enact a law setting the age of
majority at 18 years.
X. Implementation and entry into force of the convention
282. As far as articles 42 to 54 are concerned,
suffice it say that consent to be duly bound by a given Convention through
signature,
ratification or accession, binds a State to implement it in good
faith. The authority implementing it does so on behalf of the State.
After
ratification or accession, the obligations deriving from the Convention take
precedence over domestic law.
283. The Convention on the Rights of the
Child, adopted on 20 November 1989 by the United Nations General Assembly,
entered into force
on the thirtieth day following the date of deposit with the
Secretary-General of the United Nations of the twentieth instrument of
ratification or accession. For each State member the Convention enters into
force on the thirtieth day after its deposit with the
Secretary-General of
the United Nations of its instrument of ratification or
accession.
284. The members of the Committee on the Rights of the Child
serve in their personal capacity, representing neither their State nor
any
organization. They give their views and opinions with complete objectivity and
independence. Article 42 of the Convention relates
to the States parties’
obligation to make the Convention widely known. Indeed, rights can be claimed
only if their holders
are aware of them. Consequently, the signatory States are
under the obligation to use all necessary means to make all strata of
the
population, children and adults, civilians and military personnel alike, aware
of the Convention. The media in all their forms,
institutions both State and
private, religious and secular groups (churches, trade unions) are invited to
participate. The Convention
also recommends that its text should be translated
into national languages and inserted into school curricula.
285. The
establishment of a national committee for children with branches in the
provinces will facilitate the monitoring of the Convention
and the preparation
of reports to the United Nations Committee on the Rights of the
Child.
286. Gabon’s initial report was drafted at the
Government’s request, under the supervision of a consultant financed by
UNICEF, Ms. Josephine Idzumbiur Assop, a Congolese citizen, with the assistance
of :
− Ms. Sonia Meyo, special education teacher, Chief, Specialized Social Assistance Service, Department of Social Affairs;
− Ms. Honorine Nzet Biteghe, judge, UNICEF consultant;
− Mr. Petit Lambert Ovono, President of the NGO COSE-Enfants.
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