CRC/C/COD/CO/3-5
Children in street situations
43.
The Committee, recalling its previous concluding observations (see
CRC/C/COD/CO/2, para. 77), recommends that the State party strengthen its
programmes aimed at supporting poor and vulnerable families, at preventing children
from separating from their parents and at reintegrating children in street situations
into their families and communities when possible. The Committee strongly urges the
State party to ensure that the rights of street children are fully respected by State
agents, such as the military and police. It recommends that the State party involve
children in street situations in the planning, implementation and evaluation of
programmes designed for them. Given that thousands of children continue to live in
the streets and are subjected to violence, rape, arbitrary arrests, disappearance,
recruitment to armed groups and even summary executions, the Committee urges the
State party to immediately ensure that violence and executions of such children are
prevented and bring those responsible to justice, as well as provide child victims with
adequate food, shelter, education and health-care services.
Administration of juvenile justice
44.
The Committee notes the establishment, as envisaged in articles 84-93 of the Child
Protection Code, of juvenile courts in some of the provinces of the State party. It is,
however, concerned that legal and judicial protection of children in conflict with the law
remains very weak owing to difficulties concerning the functioning of the justice system
and inadequate infrastructure. In particular, the Committee is concerned about:
(a)
The ineffective implementation of the age of criminal responsibility, which is
set at 14 years in the Child Protection Code, as children below the age of 14 are often
charged;
(b)
The insufficient number of juvenile courts and peace tribunals that are
assigned to deal with matters related to children, owing to limitations on human, technical
and financial resources;
(c)
The absence of judicial assistance and the slow pace at which cases of
juvenile offenders are processed;
(d)
The illegal prolonged detention of children in police custody in dire
conditions and together with adults, the lack of adequate facilities to house children, and the
arbitrary detention by security forces of civilian children and demobilized children in
Agenga prison;
(e)
Violent anti-crime campaigns, such as Operation Lukofi, that have led to the
deaths and disappearances of many children.
45.
In the light of general comment No. 10 (2007) on children’s rights in juvenile
justice, the Committee urges the State party to bring its juvenile justice system fully
into line with the Convention and other relevant standards. In particular, the
Committee urges the State party to:
(a)
Increase the number of specialized juvenile court facilities and
procedures and provide them with adequate human, technical and financial resources,
with specialized judges for children, and ensure that such specialized judges receive
appropriate education and training;
(b)
Ensure the provision of free, qualified and independent legal aid to
children in conflict with the law at an early stage of the procedure and throughout the
legal proceedings;
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