Committee on the Rights of the Child
Concluding observations on the combined third to fifth periodic reports of Senegal *
1.The Committee considered the combined third to fifth periodic reports of Senegal (CRC/C/SEN/3-5) at its 2054th and 2056th meetings (see CRC/C/SR.2054 and 2056), held on 11 and 12 January 2016, and adopted the following concluding observations at its 2104th meeting (see CRC/C/SR.2104), held on 29 January 2016.
2.The Committee welcomes the submission of the combined third to fifth periodic reports of the State party (CRC/C/SEN/3-5) and the written replies to the list of issues (CRC/C/SEN/Q/3-5/Add.1), which allowed for a better understanding of the situation of children’s rights in the State party. The Committee expresses its appreciation for the constructive dialogue held with the multisectoral delegation of the State party.
II. Follow-up measures undertaken and progress achieved by the State party
3.The Committee notes with appreciation the ratification of the following instruments:
(a)Convention on the Rights of Persons with Disabilities, in 2010;
(b)International Convention for the Protection of All Persons from Enforced Disappearance, in 2008;
(c)Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in 2006;
(d)Convention on Protection of Children and Cooperation in respect of Intercountry Adoption, in 2011.
4.The Committee notes with appreciation the adoption of the following legislative measures:
(a)Amendment to ministerial decrees Nos. 3748 to 3750/MFPTEOP/DTSS of 2003 and to article L.145 of the Labour Code (1997), in 2015;
(b)Decentralization Act, in 2014;
(c)Law No. 2013-05, modifying Law No. 61-10 of 7 March 1961 determining nationality, on 8 July 2013;
(d)Law No. 2013-10 on the General Code of Local Communities, on 28December 2013;
(e)Social Policy Orientation Act, in 2010;
(f)Law No. 2008-11 on Cybercrime, on 25 January 2008;
(g)Law No. 2007-01 modifying the Penal Code, on 12 February 2007.
5.The Committee also welcomes the following institutional and policy measures:
(a)Emerging Senegal Plan and its Priority Action Plan 2014-2018, including the National Programme of Cash Transfers to Poor Families, the National Programme on Universal Healthcare Coverage and Free Healthcare Provision to Children under Five Years of Age, and the Programme on the Equalization of Opportunities Card for Persons with Disabilities (2016-2018);
(b)Creation of a national intersectoral committee and departmental committees on child protection (2014);
(c)National Strategy on Child Protection and its National Action Plan (2013-2015);
(d)National Framework Plan for the Eradication of Child Begging (2013-2015);
(e)Programme on Daara Reform and Regulation (2013);
(f)National Framework Plan on the Prevention and Abolition of Child Labour and its Action Plan (2012-2016);
(g)Programme for Improvement of Quality, Equity and Transparency in the Education and Training Sector (2012-2025);
(h)National Action Plan to Combat Trafficking in Human Beings (2012-2014);
(i)National Action Plan for Acceleration of the Abandonment of Female Genital Mutilation (2010-2015);
(j)National Strategic Plan for Child Survival (2007-2015);
(k)National Plan of Action for Law Reform to Criminalize Corporal Punishment and All Forms of Violence against Children.
III.Main areas of concern and recommendations
A.General measures of implementation (arts. 4, 42 and 44 (6))
The Committee’s previous recommendations
6. The Committee recommends that the State party take all measures necessary to address its previous recommendations of 2006 ( see CRC/C/SEN/CO/2) that have not been implemented or have not been sufficiently implemented , and in particular those related to awareness - raising, training and dissemination (para. 20).
7.The Committee notes the progress made by the State party in bringing domestic law into compliance with the Convention. It also notes that the draft Children’s Code, which encompasses all legislation related to children’s rights, has been finalized and submitted for adoption. However, the Committee remains concerned by the inadequate enforcement of legislation, especially in remote and rural areas, and by the continuous impact of traditional and customary attitudes and practices which hamper the implementation of the Convention.
8. The Committee recommends that the State party take all measures necessary to:
(a) Expedite the adoption of the draft Children’s Code and ensure that it addresses all areas covered by the Convention;
(b) Eliminate all ambiguous and contradictory legal provisions that are not in conformity with the Convention;
(c) Ensure the effective enforcement of existing laws, in particular the Labour Code (1997), Law No. 99-05 of 1999 prohibiting rape, female genital mutilation, assault and battery, and incest , and Law No. 2005-02 of 2005 on combating trafficking in persons and related practices and on the protection of victims, including by providing adequate human, technical and financial resources for their implementation;
(d) Ensure that customary and traditional practices do not prevent children from enjoying the rights contained in the Convention.
Comprehensive policy and strategy
9.The Committee welcomes the adoption of the National Strategy on Child Protection and its National Action Plan (2013-2015), as well as its evaluation. The Committee is, however, concerned at the low levelof itsimplementation, mainly due to the lack of sufficient resources, overlapping and duplicative interventions, and inadequate coordination.
10. The Committee calls up on the State party to urgently adopt the second National Action Plan of the National Strategy on Child Protection and allocate sufficient human, technical and financial resources for its implementation, and to ensure the effective implementation of the existing action plans, programmes, policies and strategies.
11.The Committee notes the establishment of the national intersectoral committee and departmental committees on child protection to coordinate the implementation of the National Strategy on Child Protection. However, the Committee remains concerned about:
(a)The unclear and often overlapping mandates, roles and responsibilities of State institutions for the protection and promotion of the rights of the child, and the absence of clear procedures and mechanisms for coordination between such institutions, especially between national and decentralized entities;
(b)The lack of human, technical and financial resources allocated to existing government institutions responsible for promoting and protecting the rights of the child.
12. The Committee recommends that the State party:
(a) Ensure that the n ational i ntersectoral c ommittee and d epartmental c ommittees on c hild p rotection are provided with a clear mandate and sufficient authority to coordinate all activities related to the implementation of the Convention at the cross-sectoral, national, regional and municipal levels;
(b) Review the mandates, roles and responsibilities of the existing institutions for the protection and promotion of the rights of the child, and establish clear procedures and mechanisms for coordination between such institutions, especially among national and decentrali z ed entities;
(c) Ensure that these institutions are provided with the necessary human, technical and financial resources for their effective operation.
Allocation of resources
13.The Committee notes as positive the increased budget allocation for education and health, as well as the State party’s plans to revise its public expenses to ensure a more equitable distribution of resources among the different regions. However, the Committee expresses its concern about the inadequate and significantly reduced financial resources allocated to the Ministry of Women, Family and Children underthe 2015 budget law.
14. The Committee recommends that the State party:
(a) Conduct a comprehensive assessment of the budget needs of children , allocate adequate budgetary resources for the implementation of children’s rights and address disparities on the basis of indicators related to children’s rights;
(b) Utilize a child-rights approach in elaborati ng the State budget, by implementing a tracking system to monitor and evaluate the adequacy, efficacy and equitability of the allocation and use of resources for children throughout the budget;
(c) Define budgetary lines for children in disadvantaged or vulnerable situations that may require affirmative social measures and undertake efforts to en sure that those budgetary lines are protected even in situations of economic crisis or natural disaster or other emergencies.
15.The Committee notes the efforts of the State party to improve the data collection system, including by developing a childhood database with established indicators and by adopting the National Strategy for the Development of Statistics 2014-2019. Nevertheless, the Committee remains concerned that the current data collection mechanism is insufficient to ensure the systematic and comprehensive collection of disaggregated data for all areas covered by the Convention in relation to all groups of children, particularly children in vulnerable situations, for monitoring and evaluating progress achieved and assessing the impact of policies adopted with respect to children.
16. In the light of its general comment No. 5 (2003) on general measures of implementation, the Committee urges the State party to:
(a) Expeditiously improve its data collection system, including by providing sufficient human, technical and financial resources to support the ongoing development of the childhood database;
(b) Ensure that data cover all areas of the Convention and are disaggregated by age, sex, disability, geographic location, ethnic origin and socioeconomic background in order to facilitate analysis o f the situation of all children;
(c) Share data and indicators among the ministries concerned and use them for the formulation, monitoring and evaluation of policies, programmes and projects for the effective implementation of the Convention;
(d)Take into account the conceptual and methodological framework set out in the Office of the United Nations High Commissioner for Human Rights (OHCHR) report entitled Human R ights I ndicators: A G uide to M easurement and I mplementation, when defining, collecting and disseminating statistical information;
(e) Strengthen its technical cooperation with, among others, the United Nations Children’s Fund ( UNICEF ) and regional mechanisms.
17.The Committee notes that adoption of the preliminary draft law on establishing an independent ombudsman for children is currently underway. However, it is concerned that the Senegalese Committee for Human Rights was downgraded to “B” status in November 2012, due mainly to a lack of concrete support from the State in providing adequate funding and to the absence of a transparent and pluralistic process for the nomination of members.
18. In the light of its general comment No. 2 (2002) on the role of independent national human rights institutions in the promotion and protection of the rights of the child , the Committee recommends that the State party take measures to:
(a) Expeditiously adopt the draft law establishing an independent o mbudsman for children that is able to receive, investigate and address complaints by children in a child-sensitive manner, ensure the privacy and protection of victims, and undertake monitoring, follow-up and verification activities for victims, and ensure the independence of such a monitoring mechanism, including with regard to its funding, mandate and immunities;
(b) Promptly consider and adopt the draft law amending the enabling legislation of the Senegalese Committee for Human Rights to address the concerns raised by the Sub-Committee on Accreditation in order to be in full compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles) . To that effect, the Committee recommends that the State party seek technical cooperation from, among others, OHCHR, UNICEF and the United Nations Development Programme.
Children’s rights and the business sector
19.The Committee is concerned about the lack of measures taken to protect children from violations of their rights arising from tourism activities. It is alsoconcerned that private investment, particularly in the mining and fishing industries, does not necessarily benefit local communities and may bring harmful consequences for families and children, such as the use of child labour and exposure to harmful substances. The Committee also notes the lack of information on any regulatory framework to addressthe social and environmental responsibility of business corporations and industries, both national and international, that couldprevent possible negative impacts from their activities on children.
20. In the light of its general comment No. 16 (2013) on State obligations regarding the impact of the business sector on children’s rights, the Committee recommends that the State party:
(a) Undertake awareness-raising campaigns with the tourism industry and the public at large on the prevention of child sex tourism and widely disseminate the World Tourism Organization global code of ethics for tourism among travel agents and in the tourism industry;
(b) Establish clear regulations and a nationwide legislative framework, including through the adoption of agreements between private enterprises and the State party at the local level, requiring companies operating in the State party to adopt measures to prevent and mitigate the adverse impact on child rights of their operations in the country;
(c) Require companies to undertake child rights assessments and consultations, and full public disclosure of the environmental, health-related and child rights impacts of their business activities and their plans to address such impacts , and promote the inclusion of child rights indicators and parameters for reporting ;
(d) Be guided by the United Nations “Protect, Respect and Remedy” f ramework, accepted unanimously in 2008 by the Human Rights Council, when implementing these recommendations.
B.Definition of the child (art. 1)
21.The Committee notes with concern that article 111 of the Family Code sets the minimum age for marriage at 16 for girls whereasit is 18 for boys, and that article 300 of the Penal Code legalizes customary marriage and sexual relations forgirls aged 13 or above.
22. The Committee encourages the State party to amend article 111 of the Family Code and article 300 of the Penal Code and to adopt the draft Children’s Code in order to raise the minimum age for marriage to 18 for both boys and girls, and to take all necessary measures to eliminate child marriages, in line with the State party’s obligations under the Convention.
C.General principles (arts. 2, 3, 6 and 12)
23.While noting the anti-discrimination provisions contained in the constitutional, legislative and policy framework of the State party, the Committee expresses its concern that discrimination against certain groups of children still exists in law and in practice. It also notes with concern that almost no systematic measures have been taken, including with religious leaders, opinion makers and the mass media, to combat and change the discriminatory laws, attitudes and practices.
24. The Committee urges the State party to:
(a) Revise all its legislation in order to bring it into full compliance with article 2 of the Convention, and ensure the full implementation of all legal provisions;
(b)Adopt a comprehensive strategy to eliminate de facto discrimination against all groups of children in vulnerable and marginalized situations, particularly girls, children in street situations and talibés, children with disabilities, children belonging to lower castes, children living in rural areas, and children infected and/or affected by HIV/AIDS;
(c) Carry out comprehensive public education campaigns targeting relevant professionals working with and/or for children to prevent and combat all forms of discrimination.
Best interests of the child
25.The Committee welcomes the inclusion of the principle of the best interests of the child into the National Strategy on Child Protection and other action plans and associated tools, and notes that the right of the child to have his or her best interests taken as a primary consideration is explicitly set out in the draft Children’s Code. Nevertheless, it is concerned that this right remains insufficiently addressed, and inconsistently interpreted and applied, in family households, schools, courts and other institutions working with or for children. The Committee is also concerned that there is a lack of concrete information on the way in which the best interests of the child are considered in governmental programmes and policies and in all legislative, administrative and judicial decision-making.
26. In the light of its general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, the Committee recommends that the State party strengthen its efforts to ensure that this right is appropriately integrated and consistently interpreted and applied in all legislative, administrative and judicial proceedings and decisions, as well as in all policies, programmes and projects that are relevant to, or have an impact on, children. In this regard, the State party is encouraged to develop procedures and criteria to provide guidance and training to all relevant persons in authority in order that the best interests of the child may be determined in every area .
Right to life, survival and development
27.The Committee welcomes the steady decline of the under-five mortality rate in recent years, as a result of the measures takento address measles, malaria, childhood diarrhoeal diseases and micronutrient deficiencies. It is, however, concerned that:
(a)The reduction in child mortality rates is not even across the country. There are significant geographic disparities, especially between rural and urban areas, which reflect the unequal access to and use of primary health care, nutrition, sanitation and hygiene services across the territory of the State party;
(b)The neonatal mortality rate has been increasing;
(c)Children are affected by high levels of malnutrition, abuse, exploitation, poverty and socioeconomic disparity, all of which compromise the inherent right of the child to life, survival and development.
28. The Committee recommends that the State party:
(a) Intensify efforts to reduce child mortality, including neonatal mortality, as well as regional disparities, including by improving access to and use of health, nutrition, water, sanitation and hygiene services, especially in rural and remote areas;
(b) Take all necessary measures to prevent and to protect children from malnutrition, child abuse and exploitation, child poverty and disparities.
Respect for the views of the child
29.While noting with appreciation the efforts made by the State party to implement the principle of respect for the views of the child, such as the establishment of the Children’s Parliament, and of “child governments” and “child parliaments” in schools, the Committee reiterates its concern (see CRC/C/SEN/CO/2, para. 28) that traditional societal attitudes appear to limit children’s free expression of their views inthe family, schools, communities, courts and other institutional settings. The Committee is also concerned about the minimum age, set at 15, for a child to be heard in court.
30. In the light of its general comment No. 12 (2009) on the right of the child to be heard, the Committee recommends that the State party:
(a) Take measures to ensure the effective implementation of legislation recognizing the right of the child to be heard in relevant legal proceedings, including the establishment of systems and/or procedures for social workers and courts to comply with the principle;
(b) Ensure that all children, regardless of their age, are entitled to be heard in court;
(c) Conduct programmes and awareness-raising activities to promote the meaningful and empowered participation of all children within the family, the community and schools, including within student council bodies, paying particular attention to girls and to children in vulnerable situations;
(d) Institutionalize the Children’s Parliament as a regular event and ensure that it is provided with a meaningful mandate and adequate human, technical and financial resources, in order to facilitate children’s effective engagement with national legislative processes on issues that affect them.
D.Civil rights and freedoms (arts. 7, 8 and 13-17)
31.The Committee welcomes the efforts made to promote birth registration, which include modernization of the national civil registration system, implementation of the National Birth Registration Centre strategy, and mobile birth registration and awareness-raising campaigns. However, the Committee is concerned about:
(a)The lack of progress in increasing the birth registration rates of children under 5 and the persistent wide disparities between urban and rural areas in this respect;
(b)The high cost of late birth registration procedures;
(c)The regular interruption of birth registration services due to a lack of registers and village registration books at decentralized levels;
(d)The obstacles faced by children without birth certificates in accessing education and social services.
32. The Committee recommends that the State party:
(a) Accelerate the process of moderniz ing the civil registration system and allocate sufficient funds for strengthening birth registration initiatives ;
(b) Provide free birth registration and free issuance of certificates for, at least, children under 5 years of age, especially in rural and remote areas;
(c) Equip decentralized authorities at the local level and health facilities to register births and issue birth certificates;
(d) Strengthen and expand mobile birth registration to reach universal coverage, particularly in order to register children born outside of health facilities and children who have never been registered, and increase public awareness of the importance of birth registration and the process by which births are registered;
(e) Ensure that children without birth certificates have full access to education and social services.
33.The Committee welcomes the adoption by the State party, in June 2013, of the revised Nationality Code, which eliminates gender-discriminatory provisions on the transmission of nationality through marriage, childbirth and adoption, as well as distinctions between children who are born in or out of wedlock in the matter of attribution of nationality. However, the Committee is concerned that:
(a)The revised Nationality Code requires that a child be born to a parent who was also born in the territory of the State party (double jus soli) or to a parent who is a national (the jus sanguinis rule) in order to be granted nationality;
(b)Access to nationality through naturalization is barred to any child who is not of “sound mind” or is deemed, as a result of his or her state of physical health, to be a burden to the community.
34. The Committee recommends that the State party:
(a) Review the Nationality Code to bring it into line with international standards on preventi ng and reduc ing statelessness among children and protecti ng stateless children;
(b) Conduct a statelessness mapping study in order to better prevent this phenomenon and address the protection of stateless children and children at risk of statelessness;
(c) Seek technical assistance from UNHCR and UNICEF , among others, for the implementation of these recommendations.
E.Violence against children (arts. 19, 24 (3), 28 (2), 34, 37 (a) and 39)
35.The Committee welcomes the various measures takenby the State party to address and eliminate corporal punishment against children. The Committee also notes with appreciation the existence of a child helpline. However, the Committee is concerned about:
(a)The absence of a full and explicit prohibition of corporal punishment in the home, in schools, including daaras, in penal institutions and in alternative care settings;
(b)The lack of protection and assistance provided to child victims of corporal punishment and violence;
(c)The lack of effectiveness of awareness-raising programmes to combat corporal punishment and other forms of violence against children.
36. With reference to its general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, the Committee recommends that the State party:
(a) Repeal all provisions that authori z e corporal punishment, including article 285 of the Family Code which appears to condone physical violence against children to “a degree compatible with the child’s age and the correction of his/her behaviour”;
(b)Ensure that corporal punishment is explicitly prohibited in all settings, including within the family, in schools, including daaras, in penal institutions and in alternative care settings;
(c) Sensitize and educate parents, guardians , and professionals working with and for children, by carrying out public education campaigns about the harmful impact of corporal punishment , and promote positive, non-violent forms of discipline as an alternative to corporal punishment;
(d) Ensure the involvement and participation of the whole society, including children, in the design and implementation of strategies for the prevention of corporal punishment of children.
Abuse and neglect
37.The Committee notes the designation of the Office for the Protection of Children as the specific entity for addressing this phenomenon. The Committee is, however, concerned about the:
(a)Lack of implementation of article 298 of the Penal Code, which criminalizes physical abuse and wilful neglect of children;
(b)Slow progress in adopting the law on modernizing Koranic schools, which should link the daaras with the formal education system, creating grounds to prohibit the involvement of daaras in child abuse and exploitation, including child begging.
38. Recalling the recommendations of the 2006 United Nations study on violence against children ( see A/61/299), taking into account its g eneral c omment No. 13 (2011) on the right of the child to freedom from all forms of violence, and taking note of Sustainable Development Goal 16.2 to end abuse, exploitation, trafficking and all forms of violence against and torture of children, the Committee recommends that the State party:
(a) Ensure the effective enforcement of article 298 of the Penal Code which criminalizes physical abuse and wilful neglect of children, including by providing adequate human, technical and financial resources for its implementation;
(b)Accelerate the adoption of the l aw on m oderniz ing thed aaras and provide adequate technical and financial resources for the effective functioning of the i nspectorate of the d aaras;
(c) Implement the National Strategy on Child Protection to prevent and combat child abuse and neglect, also through strengthened awareness-raising and education programmes, including campaigns, with the involvement of children;
(d) Establish a national database on all cases of domestic violence against children, and undertake a comprehensive assessment of the extent, causes and nature of such violence;
(e) Ensure the allocation of adequate human, technical and financial resources to the Office for the Protection of Children , under the Primary Education Department , to enable it to implement long-term programmes to address the root causes of violence and abuse;
(f) Encourage community-based programmes aimed at preventing and tackling domestic violence, child abuse and neglect, including by involving former victims, volunteers and community members and providing training support to them.
Sexual abuse and exploitation
39.The Committee welcomes the efforts madeby the State party to protect children against sexual abuse and exploitation, including through the establishment of departmental committees on child protection. However, the Committee expresses its deep concern about:
(a)The insufficient implementation of the existing legislation relating to sexual abuse and exploitation, in particular articles 298 and 300 of the Penal Code;
(b)The lack of complaints mechanisms accessible to child victims, and the very low number of reported cases due to fear, shame and cultural barriers;
(c)The increasing number of girls, particularly from other West African countries, who are subjected to domestic servitude and commercial sexual exploitation, including for sex tourism;
(d)The lack of regulation ofthe system of sponsorship and adoption in exchange for money or services for the family — the so-called confiage or yaar doom— which renders the child vulnerable to sexual abuse by his or her guardian;
(e)The inadequate preventive measures and psychological and social support, as well as the lack of legal assistance, for child victims;
(f)The lack of data on the number of investigations, prosecutions and convictions relating to cases of sexual exploitation or abuse.
40. The Committee urges the State party to:
(a) Ensure that legislation relating to the sexual abuse and exploitation of children, particularly articles 298 and 300 of the Penal Code, is enforced effectively , and that perpetrators of such crimes are brought to justice and punished with sanctions that are commensurate to their crimes;
(b) Strengthen awareness-raising activities to combat sexual exploitation of children and the stigmatization of victims of sexual exploitation and abuse, including incest, and ensure accessible, confidential, child-friendly and effective reporting channels for such violations;
(c) Establish mechanisms, procedures and guidelines to ensure mandatory reporting of cases of sexual abuse and exploitation of children;
(d)Adopt and implement proper regulations and safeguards for children concerned by the informal practice of confiage in order to prevent , and protect them from , mistreatment and sexual abuse;
(e) Take measures to address and respond to the health, legal and psychosocial needs of child victims of sexual exploitation and violence, among other things by providing them with shelters , and ensure the development of programmes and policies for the recovery and social reintegration of child victims, in accordance with the outcome documents adopted at the World Congresses against Commercial Sexual Exploitation of Children;
(f) Improve access to data on victims of sexual abuse and exploitation , disaggregated by sex, age and nationality, and strengthen coordination between all actors in the protection system.
41.The Committee welcomes the 1999 amendment to the Penal Code to criminalize female genital mutilation. The Committee is concerned, however, about the slow progress in the abandonment of this practice, which remains highly prevalent in certain regions. It is alsoconcerned about the high rate of child and forced marriage, particularly in rural areas.
42. In light of the j oint g eneral c omment No. 18 (2014) on harmful practices, the Committee urges the State party to:
(a) Develop the new National Action Plan for Acceleration of the Abandonment of Female Genital Mutilation and allocate adequate resources for its implementation;
(b) Raise the level of awareness of all relevant ministries, police officers, law enforcement officials, traditional and religious leaders, teachers and other professionals, as well as families and the general public, particularly in rural communities, about the negative consequences of female genital mutilation ;
(c) Ensure that cases of female genital mutilation are promptly investigated and prosecuted and that perpetrators are brought to justice and punished accordingly ;
(d) Accelerate the legislative reforms within the Penal Code to criminalize failure to report female genital mutilation performed on girls;
(e) Establish protective mechanisms and services to safeguard children, especially girls, at risk of being subjected to female genital mutilation , and ensure that all victims of this practice have access to social, medical, psychological and rehabilitative services and legal redress ;
(f) Expedite the adoption of the Plan of Action to E nd Child Marriage and allocate adequate resources for its implementation;
(g) Seek effective measures to prevent and combat the practice of child marriage, such as awareness-raising and information programmes, including campaigns, on the harm and dangers resulting from child marriage;
(h) Put in place effective monitoring systems to assess progress towards the eradication of child marriage.
F.Family environment and alternative care (arts. 5, 9-11, 18 (1) and (2), 20, 21, 25 and 27 (4))
43.The Committee is concerned about the insufficient measures taken to support parents in child-rearing and to change the prevalent gender stereotypes concerning the tasks and roles of women and girls, especially in the family, and to eradicate discriminatory/harmful practices such as levirate, sororate, repudiation and polygamy.
44. The Committee urges the State party to:
(a) Identify and elaborate strategies for providing parenting education, strengthening parenting capacities and improving the overall climate of child-rearing, and enhance social protection systems to support poor families in their child-rearing and nurturing efforts;
(b) Ensure that mothers and fathers equally share the legal responsibility for their children;
(c) Revise the 1999 Family Code and ensure that all provisions that discriminate against women and negatively impact on their children, such as those which authorize levirate, sororate, repudiation and polygamy , are repealed;
(d) Consider ratifying the Convention on the Recognition and Enforcement of Decisions relating to Maintenance Obligations, the Convention on the Law Applicable to Maintenance Obligations, and the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children.
Children deprived of a family environment
45.The Committee welcomes the development of minimum standards of care, including conditions of service delivery and training modules for inspectors. However, it is concerned that the phenomenon of family separation affects half of all children under the age of 18 in Senegal and that one out of five children between the ages of 10 and 14 no longer lives with any of his/her biological parents. The Committee is particularly concerned about:
(a)The inadequate harmonization of child protection laws with regional and international instruments ratified by the State party;
(b)The insufficient support for family-based care, including for extended family networks and other community members who care for children, for children deprived of their family environment;
(c)The inadequate control and monitoring of residential care institutions, which increases the risks of violations of children’s rights.
46. Drawing the State party’s attention to the Guidelines for the Alternative Care of C hildren, the Committee emphasizes that financial and material poverty should never be the sole justification for removing a child from parental care, for receiving a child into alternative care or for preventing a child’s social reintegration. In this regard, the Committee recommends that the State party:
(a) Harmonize its child protection laws and ensure their compliance with international and regional instruments ratified by the State party;
(b) Provide support to extended family networks and other community members who care for children deprived of their family environment and to child-headed households, with a view to reducing the institutionalization of children;
(c) Ensure the registration, certification and licensing of existing alternative care centres for children;
(d) Ensure systematic review of the placement of children in institutions and foster care, and monitor the quality of care therein, including by providing accessible channels for reporting, monitoring and remedying maltreatment of children.
47.While noting the provisions of the Family Code which lay down the conditions for adoption in the State party, the Committee is concerned about the absence of acentral authority to supervise international adoptions and about the delayin establishing a legal and procedural framework for the implementation of the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption.
48. The Committee recommends that the State party adopt the decree setting up a central authority to oversee intercountry adoptions and that it expeditiously establish a legal and procedural framework for the regulation of international adoptions, in line with the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption .
G.Disability, basic health and welfare (arts. 6, 18 (3), 23, 24, 26, 27 (1-3) and 33)
Children with disabilities
49.The Committee welcomes the adoption of the Social Policy Orientation Act and other programmes to protect the rights of children with disabilities andguaranteeequal opportunities for them and to promote inclusive education. However, the Committee remains deeply concerned about:
(a)The very low primary school enrolment rates of children with disabilities, and the limited access to inclusive education and well-trained teachers;
(b)The high prevalence and acceptance of abuse, violence, stigma and exclusion, particularly in rural areas, and especially against children with intellectual and psychosocial impairments;
(c)The inadequate provision of infrastructure and personnel for children with disabilities to access health care and social and rehabilitation services;
(d)The insufficient data on disabilities and early diagnosis of disability.
50. In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and to:
(a) Strengthen the implementation of the Social Policy Orientation Act and programmes relating to children with disabilities, including the Community- b ased National Rehabilitation Programme for Persons with Disabilities and the Programme for the Improvement of Quality, Equity and Transparency in the Education and Training Sector;
(b) Set up comprehensive measures to develop inclusive education, including by training and assigning specialized teachers and professionals, and creating school environments appropriate for children with disabilities;
(c) Investigate and prosecute perpetrators of acts of inhumane and degrading treatment against children with disabilities, including in school, the family and alternative care settings;
(d) Develop and implement awareness-raising programmes, including campaigns, aimed at government officials, the public and families , to combat the stigmatization against children with disabilities and promote a positive image of such children;
(e) Improve health-care and social and rehabilitation services for children with disabilities by ensuring the necessary human, technical and financial resources and adequate infrastructure;
(f) Develop an effective data collection system and an efficient system for early diagnosis of disability.
Health and health services
51.The Committee welcomes the decline inthe under-five mortality rate and the expanded coverage of immunization programmes, as well as the relative decline in maternal mortality and the establishment of universal health care. However, the Committee remains concerned about:
(a)The insufficient overall funding allocated to the health-care sector;
(b)The insufficient number of qualified and experienced health-care providers and theirinequitable distribution across the country,causing regional disparities in health services provision;
(c)The decline in the rate of exclusive breastfeeding at six monthsto a third of children in 2014, and the insufficient monitoring of the implementation of the code onmarketing breast milk substitutes;
(d)The high numbers of malnourished and severely stunted children, particularly in rural areas;
(e)The persistently high rates of maternal mortality, including for pregnant teenagers and adolescent mothers;
(f)The persistently high rates of malaria among children, especially in rural areas.
52. The Committee draws the State party’s attention to its general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, and recommends that the State party:
(a) Allocate sufficient financial and human resources to health services, particularly for child health and nutrition, providing effective access to trained and qualified health care;
(b) Take all measures necessary to reduce mortality rates by improving prenatal care and preventing communicable diseases;
(c) Continue encouraging exclusive breastfeeding for six months with appropriate introduction of an infant diet thereafter, with the aim of reducing neonatal as well as under-five mortality;
(d) Strengthen monitoring of the implementation of the c ode on marketing breast milk substitutes, implement a deterrent sanctioning system and ensure that the Food and Drugs Authority is committed to enforc ing the said c ode;
(e) Expedite the adoption and implementation of the new Nutrition Enhancement Programme;
(f) Continue to combat malaria, address environmental causes of the disease and strengthen the availability of nets and insecticides, and ensure that all children have access to impregnated nets;
(g) Implement and apply the OHCHR t echnical guidance on the application of a human rights-based approach to the implementation of policies and programmes to reduce and eliminate preventable mortality and morbidity of children under 5 years of age (A/HRC/27/31) and to reduce preventable maternal morbidity and mortality (A/HRC/21/22).
53.The Committee welcomes the development and implementation of the National HIV/AIDS Strategic Plan 2011-2015. Nevertheless, it remains concerned about:
(a)The high number of teenage pregnancies;
(b)Insufficient public resources allocated for the provision of youth-friendly health information and services;
(c)The lack of comprehensive education on sexual and reproductive health and rights and on family planning services, and the limited access to modern contraceptives;
(d)The criminalization of abortion (art. 305 of the Penal Code) and the restrictive conditions under which abortion is available under the code of professional conduct, obliging girls to resort to clandestine abortions at the risk of their lives;
(e)The inadequate mental health services for adolescents.
54. In the light of its general comment No. 4 (2003) on adolescent health and development, the Committee urges the State party to:
(a) Adopt a comprehensive sexual and reproductive health policy for adolescents , and introduce age-appropriate school education on sexual and reproductive health and rights as part of the mandatory school curriculum; and conduct awareness-raising campaigns about modern contraceptive methods , in local languages, and increase access to safe and affordable contraceptives throughout the State party with special attention to preventing early pregnancy and sexually transmitted infections;
(b) Develop and implement a policy to protect the rights of pregnant teenagers, adolescent mothers and their children and to combat discrimination against them;
(c) Take measures to raise awareness of and to foster responsible parenthood and sexual behaviour, with particular attention to boys and men;
(d) Amend article 305 of the Penal Code, the code of professional conduct and relevant legal provisions to decriminalize abortion in all circumstances , with a view to guaranteeing the best interests of pregnant teenagers;
(e) Strengthen adolescent-sensitive mental health counselling services and make them known and accessible to adolescents .
Drug and substance abuse
55.While noting the adoption of Act No. 2007-31, which criminalizes drug-related offences, the Committee is concerned about the increased drug and substance addiction among children and young people.
56. The Committee recommends that the State party take all necessary measures to address the incidence of drug use by children and adolescents by, inter alia, providing children and adolescents with accurate and objective information as well as life skills education on preventing drug and substance abuse, and that it develop accessible and youth-friendly drug dependence treatment and harm reduction services.
Standard of living
57.While welcoming the adoption of the Emerging Senegal Plan, including its National Programme of Cash Transfers to Poor Families, and the implementation of the National Strategy on Social Protection 2005-2015, the Committee remains deeply concerned that:
(a)Almost half of the country’s children live in income-poor families (below the national poverty line), and that structural and long-term measures to keep families out of poverty are insufficient, with rural regions being in the most disadvantaged situation;
(b)Social programmes targeting families in the most vulnerable situations, such as those giving access to free education and health services, rely heavily on international cooperation;
(c)Decentralized systems are not well equipped or financed to ensure adequate provision of basic social services locally.
58. The Committee urges the State party to:
(a) Address child poverty and regional disparities in a more systematic way, by including child poverty indicators in the h armonized m onitoring f ramework of the Emerging Senegal Plan and by ensuring that decentralized delivery is based on child poverty – focused diagnostics, planning, budgeting and reporting;
(b) Reduce the impact of dependence on external cooperation;
(c) E nsure that, in the context of the decentralization reform, the intergovernmental transfer mechanisms respond to the priority needs of poorer regions;
(d) E nsure that targeting criteria , mechanism s for poverty reduction and social protection measures are all child-sensitive, and gather data on the number of children living in poor households that are being targeted and reached with social protection measures;
(e) Screen and evaluate action plans for public investment according to their impact on child poverty reduction, including by correctly prioritizing projects with the highest potential to reduce child poverty through creating growth, employment and incomes in the sectors that respond to the typical characteristics of poor families with children.
H.Education, leisure and cultural activities (arts. 28-31)
Education, including vocational training and guidance
59.While noting the various measures taken by the State party to foster access to education, the Committee remains concerned about:
(a)The negative impact of indirect costs of education (for books, uniforms and other school supplies) on children’s access to education, especially for childrenliving in poverty;
(b)The low enrolment rates at the pre-primary, secondary and tertiary levels of education — especially for girls, owing to early marriage, parents’preference for educating their sons, and teenage pregnancy;
(c)The high rate of sexual violence and harassment directed against girls on the way to and from school, and at school, including by teachers;
(d)The high dropout rates at all levels of education;
(e)The disproportionately high illiteracy rate among girls, particularly in rural areas;
(f)The low quality of education at all levels;
(g)The lack of information on the programmes and initiatives implemented to facilitate access to education for children in situations of vulnerability;
(h)The lack of a defined and coherent policy to upgrade the d aaras so that they are part of the formal education system.
60. In the light of its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party:
(a) Ensure full application of Act No. 2004-37 by eliminating direct and indirect costs for education;
(b) Ensure equal access and equal retention of girls at all levels of education, in law and in practice , by strengthening incentives for parents to send their daughters to school, eliminating early marriages, providing safe transportation to schools , and raising awareness among communities, families, students, teachers and community leaders about the importance of education for girls;
(c) Implement a zero-tolerance policy with regard to sexual violence and harassment at and on the way to school and ensure that perpetrators, including teachers, are punished appropriately;
(d) Take measures to provide literacy courses to women and girls, in particular in rural areas;
(e) Take the necessary measures to improve the quality of education, notably by providing teachers with quality training;
(f)Accelerate the reform of the d aaras in terms of their relevance, structure and management, particularly by introducing scientific and technical subjects in to their curriculum , as well as civic instruction;
(g) Ensure monitoring and implementation in respect of policy letter No. 004379 of 11 October 2007 that allows pregnant girls and young mothers to have access to education and re-entry into mainstream education;
(h) Provide information in the State party’s next periodic report on the programmes and initiatives implemented to facilitate access to education for children in situations of vulnerability, including orphans, children from single-parent families, children in street situations, children in conflict with the law, children from ethnic minorities, and refugee and asylum-seeking children.
I.Special protection measures (arts. 22, 30, 32, 33, 35, 36, 37 (b)-(d) and38-40)
Asylum-seeking and refugee children
61.The Committee is concerned at the lack of capacity and resources to handle the flow of mainly Mauritanian refugees and especially to provide them with food and basic services. It is also concerned at the lack of disaggregated statistical information on the situation of child refugees, and on the results of the campaign launched in 2012 by theOffice of the United Nations High Commissioner for Refugees(UNHCR) in partnership with the Government of Senegal to register Mauritanian refugees and issue them with biometric identity cards.
62. The Committee urges the State party to adopt a comprehensive legal framework for refugees and asylum seekers in line with international standards and to develop an efficient cooperation mechanism with UNHCR to identify and provide assistance to children in need of protection, especially unaccompanied asylum-seeking children, and to facilitate their integration into Senegalese society including their access to education and to health and social services.
Children in armed conflicts
63.The Committee welcomes the unilateral ceasefire declared by the Movement of Democratic Forces of Casamance in April 2014 and the subsequent improvement of the security situation in Casamance. The Committee notes with appreciation the establishment of the National Agency to Revive Economic and Social Activity in Casamance, as well as the measures taken to protect children affected by the armed conflict, including by improving the prevention of accidents caused by landmines and by providing child landmine victims with psychosocial and material assistance. However, the Committee remains concerned that physical, psychological and social needs of children living in the area are not being addressed sufficiently and that landmines from the conflict are still a threat.
64. The Committee recommends that the State party take all appropriate measures, including through international cooperation , to further address the physical, psychological and social reintegration needs of children affected by the conflict and to pursue its efforts to demine former conflict areas, including by ensuring effective implementation of the humanitarian demining programme and providing adequate human, technical and financial resources to the National Anti-Mine Centre of Senegal.
Economic exploitation, including child labour
65.The Committee notes with appreciation the information provided by the State party on the various measures and initiatives taken to combat child labour, and the adoption and launch, in July 2013, of the National Framework Plan for the Prevention and Elimination of Child Labour. However, the Committee notes with deep concern:
(a)The high number of children who are working without having reached the minimum age for admission to employment and who are exposed to hazardous work, especially in agricultural and mining activities, domestic services and street vending.
(b)The provisions of ministerial decree No. 3750/MFPTEOP/DTSS (2003), according to which boys under 16 may work in underground mines, quarries and fisheries;
(c)The growing numberof girls who are subjected to the practice of confiageor are used as domestic servants (petites bonnes) and are exposed to economic exploitation thatthreatens their health, physical integrity and education.
66. The Committee urges the State party to:
(a) Amend and revise the Labour Code, which allows exemptions from the minimum age for admission to employment by order of the Minister for Labour (section L.145 of the Labour Code), and ensure that children under 18 years of age cannot be employed to work in underground mines, quarries or fisher ies , and that the conditions provided in article 3 (3) of the Convention are fully guaranteed for young persons between 16 and 18 years of age engaged in the work covered by ministerial decree No. 3750 of 6 June 2003;
(b) Ensure that the minimum age of 16 for admission to employment is also respected in the informal sector , by taking measures to expand and strengthen labour inspection services in order to ensure monitoring of child labour in the informal economy and to guarantee the protection afforded by the Convention;
(c)Take all necessary measures to raise awareness of the threats facing girls when subjected to the practice of confiage or used as domestic servants;
(d) Establish protective mechanisms and services to safeguard children at risk of being subject to child labour, including hazardous child labour, and ensure that child victims of these practices have access to social, medical, psychological and rehabilitative services and legal redress;
(e) Take measures to address the socioeconomic factors contributing to child labour;
(f) Consider ratifying the International Labour Organization ( ILO ) Domestic Workers Convention , 2011 ( No. 189 ) ;
(g) Strengthen the work and cooperation with the International Programme on the Elimination of Child Labour , of the International Labour Office , in this regard.
Children in street situations and talibés
67.The Committee welcomes the initiatives taken by the State party to provide protection to children in street situations. The Committee is, however, deeply concerned about:
(a)The increasing number of children in street situations in the State party;
(b)The poor learning and living conditions of children in street situations, who are reportedly malnourished, abused and vulnerable to diseases.
68. The Committee urges the State party to address the rights and needs of children in street situations and facilitate their reintegration into society by:
(a) Undertaking an in-depth study and statistical analysis on the root causes and scope of the issue of children in street situations in the State party;
(b) Developing a national strategy and a national plan of action to support children in street situations with sufficient financial, human and technical resources , and to address socioeconomic disadvantages and other root causes of vulnerability of children in street situations, as well as the violence they are sometimes exposed to, including at the hands of law enforcement officials;
(c) Ensuring the appropriate implementation of initiatives to provide children in street situations with adequate nutrition, clothing, housing, health care and educational opportunities, especially informal education and life-skills training, in order to support their full development and , when it is in the best interest of the child , for them to return to their families and communit ies ;
(d) Providing, as appropriate, all children in street situations who are victims of physical, sexual or substance abuse with reintegration and recovery services.
69.The Committee notes the measures taken by the State party to prevent forced begging. It also commends the State party for concluding the National Framework Plan for the Eradication of Begging 2013-2015. However, the Committee reiterates its deep concern at:
(a)The current legislation, which authorizes some forms of begging if they occur“in places and conditions established by religious traditions”;
(b)The current practice of Koranic schools run by marabouts who often usetalibés on a large scale for economic gain, sending them to the streets to beg and carry out other illicit work that brings inmoney, thus preventing them from having access to health care, education, and good living conditions;
(c)The increasing prevalence of forced begging in the large cities of Senegal, which mostly affectstalibés under 12 years of age who are trafficked from rural areas within the country as well as from neighbouring countries;
(d)The very low rate of prosecutions and convictions of those responsible for the exploitation and mistreatment of children, including Koranic teachers.
70. The Committee urges the State party to:
(a) Amend relevant laws to ensure that all forms of begging are explicitly prohibited in all settings, including revising and amending article 245 of the Penal Code which authorizes some form of begging if “in places and conditions established by religious traditions”;
(b)Strengthen measures to remove talibé children from the control of Koranic teachers who exploit and mistreat them , and fully implement legislation prohibiting the exploitation of begging by others , including by promptly investigating and prosecuting perpetrators of such acts and punishing them accordingly;
(c)Adopt further measures to ensure enjoyment of the fundamental rights of talibés, including those coming from neighbouring countries, and to protect them against any form of exploitation or discrimination;
(d) Undertake efforts to ensure effective monitoring of their situation by the State party, in close cooperation with religious and community leaders;
(e) Set up family support programmes, including awareness-raising campaigns, with a view to facilitat ing their reinsertion in to the family unit.
Sale, trafficking and abduction
71.While noting the various measures taken by the State party to combat trafficking in persons, the Committee is deeply concerned about the very low rate of investigations, prosecutions and convictions of those responsible for trafficking, forced begging, child prostitution or forced child labour. The Committee also regrets that, while Law No. 2005-02 to Combat Trafficking in Persons and Related Practices and to Protect Victims prohibits and criminalizes trafficking in persons, it neither defines nor prohibits the sale of children. The Committee is further concerned at the lack of:
(a)Data on sexual exploitation, including sex tourism and trafficking in children to the State party;
(b)Protection and recovery assistance for childvictims of sexual exploitation and trafficking;
(c)Legislation to protect children from sexual exploitation, including sex tourism.
72. The Committee recommends that the State party:
(a) Ensure the application of Law No. 2005-02 to Combat Trafficking in Persons and Related Practices and to Protect Victims , and the implementation of the Penal Code provision prohibiting sexual intercourse with children under the age of 12;
(b) Revise the Penal Code to include an explicit definition of the sale of children, in accordance with the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography , and to prescribe penalties for perpetrators.
(c) Reinforce legal measures protecting child victims of sexual exploitation, including trafficking, pornography, prostitution and sex tourism;
(d) Prioritize recovery assistance and ensure that education and training, as well as psychological assistance and counselling, are provided to child victims, and prevent victims who cannot return to their families from becoming institutionalized;
(e) Train law enforcement officials, social workers and prosecutors on how to receive, monitor and investigate complaints, in a child-sensitive manner that respects confidentiality;
(f) Implement appropriate policies and programmes for the prevention, recovery and reintegration of child victims, in accordance with the d eclaration and a genda for a ction and the g lobal c ommitment that were adopted at the 2001 World Congress against Commercial Sexual Exploitation of Children.
Administration of juvenile justice
73.The Committee notes the establishment of 14juvenile courts throughout the country, as well as the efforts to revise the Penal Code and the Penal Procedure Code which will provide the opportunity for children aged 13-18 who are in conflict with the law to receive assistance and protection and to benefit from defined alternative measures to detention. However, the Committee remains concerned that:
(a)The existing Penal Code lacks specificity on the social and protection measures for children in conflict with the law, as well as on clear mechanisms to support children and the family so that they canbenefit from such measures;
(b)Juvenile courts lack specialized juvenile judges, and the number of adequately trained social educators is limited;
(c)Deprivation of liberty is not used as a last resort and children have beendetained in adult prisons.
74. In the light of its 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 in to line with the Convention and other relevant standards. In particular, the Committee urges the State party to :
(a) Accelerate the adoption of the revised P enal C ode and P enal P rocedur e C ode;
(b) Ensure the provision of qualified and independent legal aid to children in conflict with the law at an early stage of the procedure and throughout the legal proceedings;
(c) Establish specialized juvenile court facilities throughout the country with adequate human, technical and financial resources, and continue to provide training on relevant international standards to those responsible for administrating the juvenile justice system;
(d) Promote alternative measures to detention, such as diversion, probation, mediation, counselling, and community service, wherever possible, and ensure that detention is used as a last resort and for the shortest possible period of time and that it is reviewed on a regular basis with a view to withdrawing it; in cases where detention is unavoidable, ensure that the children are not detained together with adults and that the detention conditions are compliant with international standards, including with regard to access to education and to health services.
(e) Ensure that both sentenced and released persons below 18 years of age are provided with educational opportunities, including vocational and life-skills training, and recovery and social reintegration services;
(f) In that regard , the Committee recommends that the State party make use of the technical assistance tools developed by the Inter - agency Panel on Juvenile Justice and its members, which includ e UNICEF, OHCHR , the United Nations Office on Drugs and Crime and non-governmental organizations , and seek technical assistance in the area of juvenile justice from members of the Panel.
J.Ratification of the Optional Protocol on a communications procedure
75. The Committee recommends that the State party, in order to further strengthen the fulfilment of children’s rights, ratify the Optional Protocol on a communications procedure.
K.Ratification of international human rights instruments
76. The Committee recommends that the State party, in order to further strengthen the fulfilment of children’s rights, ratify the core human rights instruments to which it is not yet a party, namely the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, and the Optional Protocol to the Convention on the Rights of Persons with Disabilities.
77. The Committee urges the State party to fulfil its reporting obligations under the Optional Protocol on the involvement of children in armed conflict and the Optional Protocol on the sale of children, child prostitution and child pornography, the reports of which are both overdue as of 3 April 2006 and 5 December 2005 respectively.
L.Cooperation with regional bodies
78. The Committee recommends that the State party cooperate with the African Committee of Experts on the Rights and Welfare of the Child, of the African Union , on the implementation of the Convention and of other human rights instruments, both in the State party and in other African Union member States.
IV.Implementation and reporting
A.Follow-up and dissemination
79. The Committee recommends that the State party take all appropriate measures to ensure that the recommendations contained in the present concluding observations are fully implemented. The Committee also recommends that the combined third to fifth periodic reports, the written replies to the list of issues of the State party and the present concluding observations be made widely available in the languages of the country.
80. The Committee invites the State party to submit its combined sixth and seventh periodic reports by 1 March 2021 and to include therein information on the follow-up to the present concluding observations. The report should be in compliance with the Committee’s harmonized treaty-specific reporting guidelines adopted on 31 January 2014 (CRC/C/58/Rev.3) and should not exceed 21,200 words (see General Assembly resolution 68/268, para. 16). In the event that a report exceeding the established word limit is submitted, the State party will be asked to shorten the report in accordance with the above-mentioned resolution. If the State party is not in a position to review and resubmit the report, translation thereof for the purposes of consideration by the treaty body cannot be guaranteed.