CRC/C/15/Add.204
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Best interest of the child
23.
The Committee is concerned that in all actions concerning children, the general principle
of the best interests of the child contained in article 3 of the Convention is not always a primary
consideration, in particular in customary law.
24.
The Committee recommends that the State party review its legislation and
administrative measures to ensure that article 3 of the Convention is duly reflected therein
and that this principle is taken into account when administrative, policy, judicial or other
decisions are made. It further recommends that the State party collaborate with local
authorities, NGOs and community leaders to develop awareness-raising campaigns
regarding the general principle of acting in the best interest of the child.
Respect for the views of the child
25.
The Committee notes with concern that the Transitional Civil Code guarantees the right
to be heard only to children who have attained the age of 15 and that traditional practices
and attitudes still limit the full implementation of article 12 of the Convention, in particular
for girls.
26.
The Committee recommends that the State party amend its legislation to fully
reflect article 12 of the Convention so that any child “who is capable of forming his or her
own views” can express those views freely, including in all administrative and judicial
proceedings affecting them. It also recommends that the State party develop a nationwide
campaign to increase public awareness of the participatory rights of children, particularly
at the local levels and in traditional communities, and encourage respect for the views of
the child in families, schools, and the care, administrative and judicial systems.
4. Civil rights and freedoms
Birth registration
27.
The Committee is concerned that although parents are required by law to register the
birth of their children, a significant number of children are not registered at birth.
28.
In the light of article 7 of the Convention, the Committee urges the State party to
increase its efforts to ensure that all children are registered at birth inter alia by
eliminating administrative costs for parents, conducting awareness-raising campaigns and
establishing mobile registration units in rural areas. The Committee also recommends that
the State party undertake similar measures to register all children who were not registered
at birth. In this regard, the State party should consider seeking technical assistance from
UNICEF, the United Nations Population Fund (UNFPA) and other potential donors.
Freedom of expression and religion
29.
The Committee, noting that the State party’s Constitution guarantees the right to freedom
of expression and religion, is concerned at reports that measures affecting children and young
people were taken against students and religious groups, indicating that these rights were not
fully upheld.