Ensure that custodial orders are used as measures of last resort and devise
alternative orders to custody with rehabilitation provided to children.
Protection against Harmful Social and Cultural practices
21. The Committee notes with satisfaction that the State Party has enacted laws
prohibiting FGM and child marriage. The Committee would also like to commend
the State Party for launching the AU Campaign on ending child marriage and for
the various initiatives against HTPs affecting the girl child. The Committee
however observes that structural problems have affected the application of the
various laws against HTPs which resulted in for instance a large number of girls
being subjected to FGM. The Committee also notes the prevalence of child
marriage especially in the rural areas, food taboos and bloodletting during high
fever. The Committee further notes that child betrothal is not in line with the
Charter along with child marriage. The Committee therefore recommends that
the State Party;
Apply the 2007 law on FGM strictly and improve institutional structures;
Increase awareness raising campaigns together with CSOs, religious and
community leaders to sensitise the population on the dangers of FGM and child
marriage and on laws prohibiting the practices of other forms of traditional
harmful practices;
Provide financial, medical and psychological assistance to victims of FGM and
child marriage;
Provide sustainable support to children from poor households and address the
causes of child marriage;
Amend Sub-Article (4) of Article 46 of the Civil Code and bring it in line with the
Charter to prohibit child betrothal.
Armed Conflicts
22. The Committee notes that Article 8 of Proclamation 82/1995 prohibits the
recruitment of children into the army and children are given full care and
protection in situations of armed conflict. The Committee however notes reports
of forced conscription of children into the army. The Committee therefore
recommends that the State Party:
Strictly apply Article 8 of Proclamation 82/1995 and ensures that those who
violate it are punished.
Ensure that the application of this law extends to the non-recruitment of children
into other security forces.
Ensure that the educational system is not used for military training prior to full
military service.
Refugee children
23. Concerning refugee children, the report indicates that they enjoy the same rights
as nationals without discrimination and there are present in Eritrea, Somali and
10