D. Civil Rights and Freedoms
Name, Nationality, Identity and Registration of Birth
9. The Committee commends the State Party for enacting provisions guaranteeing
nationality and name through the Nationality Proclamation No.21/1992, the
Transitional Civil Code, and the 1997 Constitution and that the registration of
birth initially limited to municipal services and religious institutions is gradually
being made available in local administrations. However, the Committee was
informed that the Constitution despite having the most important provisions
guaranteeing nationality is yet to be implemented. The Committee also notes that
despite provisions on the recording of births, no such data has been indicated in
the report to illustrate the birth registration rate. The Committee recommends that
the State Party as matter of urgency implement measures for the registration of
births and receiving of birth certificates along with a dedicated organ of
government to carry this out. The Committee also recommends that together
with civil society organisations, the government embark on a sensitisation
campaign to build on the momentum of the importance of birth registration.
Protection against abuse and torture
10. The Committee notes the prohibition of acts of torture, cruel, inhuman and
degrading treatment and the recognition on children’s need for special protection.
However, it was brought to the attention of the Committee that children at the
Sawa Military Training Camp are still subjected to acts amounting to torture,
inhuman, degrading treatment and to corporal punishment. The Committee is
also concerned over the application of Proclamation No 4/1991 to children over
15 years. The Committee therefore recommends that the State Party;
Strictly enforce the prohibition of torture, cruel, inhuman and degrading treatment
to children and ensure perpetrators of such acts are prosecuted and punished
accordingly;
Enforce the legal prohibition of all forms of violence including corporal
punishment in all settings, including in military training camps, and ensure that it
is no more used as a sentence for crime and devise positive alternatives
punishment;
Conduct awareness - raising campaigns to popularise positive alternative
punishments and on the dangers of corporal punishment;
Remove measures that may prevent children and their families from reporting
such cases and provide psychological support to child victims of abuse and
torture;
Provide similar punishment for persons who sexually abuse a child under fifteen
years and a child older than fifteen as per Articles 594 and 595 of the Transitional
Penal Code;
Provide measures to eliminate child begging.
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