A compilation of extracts from ngo reports to the Committee on the Rights of the Child relating to violence against children This document is an annex to the publication
ANDORRA Europe and Central Asia No report available on CRIN ANGOLA (Republic of)
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ANDORRAEurope and Central Asia No report available on CRIN ANGOLA (Republic of)Eastern and Southern Africa CRC Session 37, 13 September - 1 October 2004 www.crin.org/docs/resources/treaties/crc.37/Angola_ngo_report.pdf Rede Criança – English […]
General Demographic Characteristics and the Situation of the Child in Angola1 The Angolan population is very young. Around 50% of Angolans are children under the age of 15 and 60% are children under 18. Most children in Angola are at risk, and according to UNICEF, Angola have some of the worst indicators in the world when it comes to children’s rights violations and non-fulfilment of their rights. Almost half of Angola’s children are out of school. 45 per cent suffer chronic malnutrition. One in four dies before their fifth birthday. During the war 500.000 to 1 million Angolan's died of war-related causes, and over 4,5 million people were displaced. Large areas of the interior were cut off from government services, and much of the infrastructure was destroyed or abandoned. Around 100,000 children were separated from their families during the war. 4.5 million children are not birth registered. (62% of total number of children). Fertility rates are very high in the country, on average a woman gives birth to 7 children. There are on average 91 men to 100 women. Sixty-six percent of the population lives in urban areas and 34 percent in rural areas. A third of Angolan girls of 18 years of age have already at least one child. 27% of the households are headed by women. […] Although the Law on Juvenile Justice was published on 19th April 1996, the de facto application of the law only began on 16th June 2003 with the creation of a Juvenile Court in the capital Luanda. The rules and regulations governing this law have still to be published. Art. 27-3, which stipulates the need for re-education centres is still not being implemented. This limited and delayed implementation of the law raises significant questions in relation to the rights of children who come into conflict with the law. Furthermore, the Government of Angola is in breech of Art 37 b, c, and d which specifies their obligations relating to the detention of minors. RecommendationsThe publication of legislation should be rapidly followed by the definition of the norms and regulations, which govern the application of the legislation. The implementation of the Juvenile Court must be extended to the whole country, with priority given to coastal areas and big cities where higher numbers of children are in conflict with the law. […] Although the majority of the population of Angola is female with a ratio of 100 women to 91 men, girls and young women are often discriminated against. Enrolment of girls in the educational system continues to be lower than that for boys. Girls are often obliged to stay at home and look after younger siblings. The literacy rate for women is not known; in the period from 1997/2000 the gross enrolment rate in primary school was 78 boys for every 69 girls, whereas the net rate was 39 boys for every 35 girls2. Analysis of records of school attendance in primary schools during the period between 1992/2002 where male participation is estimated at 55% and female participation at 56% shows dropout rate for girls is lower, suggesting that girls once enrolled, stay longer in schools.3 […] The team undertaking the study recorded instances where the children of the SAN were teased, called names, beaten and ridiculed when attending school for not having clean clothes and are sometimes dirty and told “you are animals, you are nothing”. These reports have thrown some doubt on statements from the Government relating to ethnic minorities, included in the initial report on the CRC page 114. It would seem prudent to investigate the situation of ethnic minorities more thoroughly in order to define policies and specific strategies, taking into account Art. 18 of the Constitution. […]
The phenomenon of children being accused of witchcraft2, particularly in the provinces of Zaire, Uige and in parts of Luanda is a serious breach of children’s rights and constitutes significant discrimination against these children who are often beaten and or expelled from their homes, ending up on the streets or in shelters. Although this practice is linked to traditional beliefs in ancestral spirits, the current phenomenon has seen traditional practices distorted and abused in a context of poverty. Many religious sects legitimise the practice by offering to “remove the evil spirits” through physical abuse, spiritual services or by taking the children into the church and using them as low cost labour4. “To be a witch (Ndoki in Kikongo), does not only mean that he or she has committed perverse acts, but also that he or she will permanently be a serious danger to others. A child identified as a witch, is by definition thought to be a serious danger to their relatives and is treated accordingly. As such the most extreme solution may be to kill the child to legitimise the accusation”5. […] In accordance with studies undertaken6, a comparison between 1995 and 2000 shows an increase in the number of people who live below the extreme poverty line (11% in 1995 and 25% in 2000). From the same source, we see that more than 65% of the population live in moderate and extreme poverty. Poverty affects children most, jeopardising their life, security and development. […] One of the consequences of the war, which devastated the country for three decades, was the breakdown of the family structure. In most cases the responsibility of the household fall on women, or in some cases children, who have to work in the streets in order to sustain their families. Children are often left unattended because parents and older siblings need to go out to work. With the end of emergency aid, there has been a reduction in nutrition programs, which is very alarming, taking into consideration data from the Multiple Indicator Cluster Survey (MICS) that indicate that between 35 and 55% of children under five years of age suffer from stunted growth7. […]
In traditional society, the child is seen as an individual ‘apprentice’ present in the family and/or a community, who must learn by listening and not asking questions. Families in Angola would not normally encourage their children to express their opinions openly or to participate in decisions affecting their own lives. Such behaviour would be deemed “strange, foreign or belonging to other cultures. It is a luxury”. […]
These rights are difficult to apply in Angola because most people abide by traditional customs in which the child in society has no rights of expression in relation to adults. In terms of status the child is considered as an apprentice, he or she must respect adults because it is through them that he/she is going to learn to live life fully as an adult member of his/her community. Furthermore, the notion of freedom of expression is a relatively new concept in Angola. Independence was preceded by a colonial regime under a dictator and followed by twenty years in a one party communist state where dissension was also not tolerated. In recent times there has been more openness, but even this has its limits and it surely does not descend to children interventions being respected where it directly affect their lives. […]
There have been some improvements made by the mass media in the broadcasting and dissemination of child-related issues. However, there is still a certain lack of professional ethics with exposure and victimisation of children who have had their rights violated, such as in the case of sexual abuse or rape. The child’s face is often shown on television or in the newspaper and little understanding or consideration is shown when children are been interviewed about traumatic events. Another aspect, which needs highlighting, is the fact that in the majority of families boys and girls and/or parents and children sleep in the same room, which means that children are deprived of their privacy and are exposed to sexual activity at a very early age. […]
The war brings with it severe consequences for the well being of children, and Angola was no exception. Children were forced to fight and were conscripted into the armed forces. Girls were abducted and used as porters to carry weapons, forced to be wives to soldiers, irrespective of their age. Anecdotal information was widely circulated during the war but since the cease-fire, these issues have been relegated to a lower priority. […]
Most of the population of Angola live in extreme poverty. There are many reported cases where children are tortured and mistreated in schools and their own homes, by their tutors and guardians for insignificant offences, normal for their age and the circumstances in which they live. Physical punishment and violence against children is also carried out by police, who instead of giving guidance on social norms, often behave with intolerance and aggression against defenceless children. The children feel unable to defend themselves, and cannot lodge complaints, due to the authority that these persons have in society.8 […]
Article 7 of the Law 13/01 stipulates that primary education (until 6th grade) is free. However, most schools charge for enrolment of children and teaching material. According to MICS rates of schooling are quite low: 44% of all children do not attend school (from first to fourth grade) and 94% do not attend the secondary level. Of those children who attend primary schools (44%), at least 25% will not reach the fifth grade. The rate of class repetition is also very high, blocking access for new children. 85% of children at 15 years of age who attend school are still in primary school, when they should have finished primary school at 11 years of age9. The main reasons given for non-attendance by those children who have never studied are the following: 23% claim lack of civil registration, 19.3% state lack of money, 17.7% because they are not old enough, 9% have to go to work, 7.8% consider education to be less important and 14.4% for other non specified reasons. However, most children who drop out of school say they do so because of lack of money (25.1%). […]
Throughout the armed conflict, from child soldiers many others were also victims. As a result a large number of children became orphans. Many were victims of torture and others witnessed the death of their loved ones. […]
9.2. Exploited Children. Economic Exploitation of Children including Child Labour The deepening poverty in Angola is pushing many children out to work to help sustain families. Some of this work is done under harmful conditions, children are being exploited by being underpaid and expected to perform tasks beyond their physical endurance. Exploitation also occurs within the family unit. Parents may carry around their small children when begging as a way to attract sympathy and thereby raise more money, but exposing them to various risks, such as bright sunshine, thirst, hunger, and nudity, all factors, which are prejudicial to their physical and mental development. Some people are coerced into paying debt services in kind. […]
9.4. Sexual Exploitation and Abuse Article 34 In traditional society the question of sexual abuse is not understood as an offence in terms of the social norms as the practice of early marriage is very common.10 During the war parents used early marraige as a way of protecting girls, to prevent them being taken away by soldiers, in contrast to what is prescribed and condemned by Law. ” The convoy girls, as they were known, were girls abducted by UNITA soldiers to transport arms and supplies and later they became soldiers’ wives”. As a result of poverty, parents and relatives may encourage the girls to go into prostitution. “You are a woman go and look for somebody who gives you money ... (young girls from 13 to 17 years of age). In peri-urban neighbourhoods a significant number of children, mainly girls and mostly in Luanda have been victims of rape. “I was raped on the 4th of February 2004 and was afraid to tell my mother. I only told my friend.” (Girl of 16 years of age) ANTIGUA AND BARBUDAThe Caribbean CRC Session 37, 13 September - 1 October 2004 Professional organization for Women in Antigua/Barbuda - English http://www.crin.org/docs/resources/treaties/crc.37/Antigua_ngo_report.pdf
That the judiciary utilizes the full force of the law when sentencing persons convicted of sexual offenses involving a child victim. This recommendation is based on the fact that the maximum sentences stipulated in the act are not generally imposed by the courts. For example, where it is recommended for a male person who is engaged in sexual intercourse with a minor under 14, he is liable on conviction to imprisonment for life. However persons have been sentenced to as little as 5 years. That the maximum penalty of ten (10) years for persons convicted of committing statutory rape with children between the ages of 14 and 16 does not constitute an adequate deterrent. That there is currently no law on the books protecting children between the ages of 16 and 18. This deficiency should be addressed as a matter of urgency. That all cases of statutory rape shall be reported to the authorities.. In Antigua there are statistics of children between the ages of 12 – 16 years who have delivered children in the public hospital. However, there are no corresponding statutory rape cases on record. These cases should not go unreported. […]
There are no standards of operation for Boys Training School (aka Comfort Hall). In conducting our research, we interviewed one of the Magistrates who revealed that she is extremely upset with the system’s failure to adequately address the problem of young boys who constantly get into trouble. She went on to point out that the Boys Training School at Comfort Hall does not seem to be properly run and the boys leave whenever they feel like. She further revealed that, while she fights to keep them out of jail, such incarceration is her only alternative. Not surprisingly, when the juvenile offenders are sent to prison they generally come out worse than they were when they went in. […]
Children in Antigua & Barbuda are exposed to a variety of violent acts including physical and sexual abuse, verbal abuse and harassment. The Department of Social Welfare handles reported cases of abuse. In 2003 A “Child Protection Bill” was passed in parliament in order to create a Child Protection Agency. However, the agency has not yet been established. The avenues available to them for redress when faced with the threat or reality of violence or other forms of abuse are not generally known by children in Antigua & Barbuda. As a result, children often suffer in silence, and the abuse may only be discovered when a change in behaviour is noticed in the school environment. However, not all the public schools have a trained counselor in their employ. In 2001 a child pornography ring was exposed, and very little was done to protect the children and bring the perpetrators to justice. For two years now one of the victims has been waiting to have her day in court. POWA has been in close contact with the complainant and her family since the inception and have witnessed the frustration that resulted from their interaction with a judicial system that succeeded only in victimizing the minor yet again. A number of the other complainants have left the country in order to escape the stigmatization that followed the discovery of the ring. Recommendations More public education programmes should be produced in order to inform parents and children about the dangers, signs and symptoms of child abuse. Clear and responsive reporting procedures should be made available to children to report violence perpetrated against them. The workers in the Social Services Department, the Police Officers and Medical practitioners should be trained to protect children and defend their rights without consideration for the identity of the perpetrator. The judicial system should be structured in such a manner as to afford swift hearing of matters involving allegations of violence against children. Protective shelters for children need to be established by the state.12 Each public school should have a trained counselor on staff. Article 37(a): Torture, Degrading Treatment And Deprivation Of Liberty Chapter II Section 5 of the Constitution of Antigua & Barbuda states, “no person shall be deprived of his personal liberty save as may be authorized by law …” The Constitution further states in Chapter II section 6, “No person shall be held in slavery or servitude. ….No person shall be required to perform forced labour.” The Constitution does not provide separately for the treatment of children. Therefore the special needs of children are not specifically outlined in the Constitution. Corporal punishment is widely utilized in the educational system. However, in the Education Act of 1973 it was established that it should be used as a punishment of “last resort”. This punishment is to be administered by the principal of the school, or in the presence of the principal. In the administering corporal punishment in the schools, there is no discrimination on the basis of gender – i.e. such punishment is administered to both male and female students. In addition to be employed in the school system, corporal punishment is utilized in the home environment of many families in Antigua & Barbuda. In October 2003, the Government tabled a proposal to amend the Juvenile Act, Cap. 229. The explanatory memorandum that accompanied this proposed amendment is reproduced below in its entirety. 12 The envisioned Child Protection Agency may serve to meet this need. Page 13 of 32 The purpose of this Bill is to amend the Juvenile Act (Cap. 229) so as to impose an obligation on parents and guardians to control the movement of their children by preventing children from loitering after ten o’clock at night without reasonable cause. Under Clause 2 of the Bill, which is intended to introduce a new section 6A into the Act, a parent or other person having legal custody, charge or care of a juvenile (i.e. a person under the age of sixteen) commits an offence if, without reasonable excuse, he or she allows a juvenile to loiter on the street or in any other place after ten o’clock at night or if he or she does not restrain the juvenile from doing so. A juvenile is liable to arrest and detention at a police station if he is found loitering after ten o’clock at night without reasonable excuse until he is released to his parents or guardian. If, however, after reasonable enquiry, no such person can be found, the juvenile may be brought before a juvenile court for appropriate orders to be made regarding his care and protection. This Act has not yet come up for debate in parliament. However, since becoming aware of its contents and intent, POWA has been sensitizing the populace to the fact that this proposed amendment is in contravention of article 37 of the Convention on the Rights of the Child. Further, we are concerned that – in the words of Senator Joanne Massiah – “the focus on persons under the age of sixteen is both misguided and prematurely prejudicial as there are no known statistics or proof that persons under the age of 16 are largely responsible, as a group, for the escalating crime”. Senator Massiah has also suggested that the proposed amendment may constitute a violation of the constitutional rights of the nation’s children. This State-sanctioned plan to arrest the nation’s youth in addition to depriving them of their liberty will also serve to make criminals out of our children. Recommendations It is recommended that more public education initiatives be conducted in order to inform persons of the adverse effects that corporal punishment may have on children. The Education Act should be amended to introduce other more effective forms of correcting children with the ultimate objective of eliminating corporal punishment from schools. There should be a systematic process of reviewing all legislation that impacts the nation’s children in order to ensure that such laws are fully compliant with both the spirit and intent of the Conventions on the Rights of the Child. […] Secondary Schools in Antigua and Barbuda have developed various methods to address the issue of discipline in a manner consistent with the child’s human dignity. Included are demerit and detention systems, counselling and corporal punishment. Corporal punishment is administered by the Principals or by the Principal’s designate in special cases. […] Secondary Schools in Antigua and Barbuda have developed various methods to address the issue of discipline in a manner consistent with the child’s human dignity. Included are demerit and detention systems, counselling and corporal punishment. Corporal punishment is administered by the Principals or by the Principal’s designate in special cases. Directory: docs docs -> Application for acem docs -> Observational Assessment of Teaching Practices Teaching Assessment Initiative Proposal Submitted to The Teachers for a New Era project docs -> Traditional British values docs -> From Warfighters to Crimefighters: The Origins of Domestic Police Militarization docs -> Borzoi Club of America Register of Merit Program I. 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