United Nations Human Rights Website - Treaty Bodies = Database - Document - Concluding Observations/Comments

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GENERAL

CRC/C/15/Add.69
24 January 1997

Original: ENGLISH =

Concluding = observations of the=20 Committee on the Rights of the Child : Myanmar.=20 24/01/97.

CRC/C/15/Add.69.=20 (Concluding=20 Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE = CHILD

Fourteenth=20 session

CONSIDERATION OF REPORTS SUBMITTED BY STATES = PARTIES
UNDER=20 ARTICLE 44 OF THE CONVENTION

Concluding observations of the = Committee=20 on the
Rights of the Child: Myanmar

1. The Committee considered the initial report of Myanmar = (CRC/C/8/Add.9) at=20 its 357th to 360th meetings (CRC/C/SR.357-360), held on 15 and 16 = January 1997=20 and adopted* the following concluding observations:=20

A. Introduction

2. The Committee expresses its appreciation to the State party for = the=20 submission of written answers to the list of issues (CRC/C/Q/Mya.1). The = Committee notes that the report, although following the thematic = structure for=20 reporting set out in the general guidelines, was incomplete in its = appreciation=20 of the situation of children in the country since it did not incorporate = an=20 assessment of factors and difficulties impeding the enjoyment of the = rights of=20 the child.=20

B. Positive factors

3. The Committee welcomes the fact that the State party has withdrawn = its=20 reservations on articles 15 and 37 of the Convention.=20

4. The Committee is encouraged by the fact that the State party has = adopted a=20 National Plan of Action and established a National Committee on the = Rights of=20 the Child in 1993.=20

5. The Committee welcomes the enactment of a national law on the = protection=20 of children in 1993.=20

C. Factors and difficulties impeding=20 the
implementation of the Convention

6. The Committee notes that the State party has been deeply affected = by years=20 of internal conflict that has gravely disturbed some regions of the = country.=20 Violence and instability have had a considerable negative impact on the=20 situation of children in Myanmar: many of them have been subjected to = various=20 forms of violations of their rights and have been forced to flee areas = affected=20 by violence.=20

7. The Committee further notes that several years of unfavourable = economic=20 conditions in the State party have adversely affected the situation of = the most=20 vulnerable groups in society.=20

D. Principal subjects of = concern

8. The Committee is concerned about the lack of conformity between = the=20 existing national legal framework and the principles and provisions of = the=20 Convention, namely the Citizenship Act, the Village and Towns Acts and = the=20 Whipping Act. The Committee is also concerned by the fact that the laws = relating=20 to freedom of expression and association and some sections of the Law on = Child=20 Labour raise doubts as to their conformity with the provisions of the=20 Convention. It is also of the opinion that the law concerning juvenile = justice=20 is not guided by the Convention and other relevant international = instruments.=20 The age of criminal responsibility, at present seven years of age, is = too low;=20 torture is not clearly prohibited by existing legislation and no = complaint=20 procedure for children exists. The Committee is also worried that the = law=20 prohibiting discrimination fails fully to conform to article 2 of the = Convention=20 by not explicitly protecting children from discrimination "on the basis = of ...=20 political or other opinion ..., ethnic or social origin ..., disability" = of the=20 child or his/her parents. Finally, the Committee is concerned that the = human=20 rights of children are not yet integrated in a fundamental body of law.=20

9. The Committee is concerned that the Convention on the Rights of = the Child=20 and the National Plan of Action have not yet been translated into = concrete=20 programmes, sectoral policies and allocation of necessary resources to = ensure=20 the implementation of the rights recognized in the Convention throughout = the=20 country. Lack of evaluation and monitoring systems are also a matter of = concern.=20

10. The Committee, while recognizing the efforts undertaken by the = State=20 party in the collection of data, is concerned that the system of data = collection=20 does not adequately disaggregate information so as to reflect the = situation of=20 all children, particularly those belonging to the most disadvantaged = groups,=20 including children belonging to minority groups, children living in = remote=20 areas, disabled children, children living and/or working in the street, = children=20 placed in institutions, including institutions of a penal nature, = ill-treated=20 and abused children or children from economically disadvantaged groups. = Such=20 disaggregated data would contribute to the design of policies and = programmes for=20 the effective and full implementation of the provisions of the = Convention.=20

11. The Committee is also concerned at the lack of an integrated = strategy on=20 children as well as of a fully effective monitoring mechanism for all = areas=20 covered by the Convention and in relation to all groups of children in = urban and=20 rural areas, especially those affected by the consequences of the = economic=20 problems and by the internal conflict.=20

12. As regards the implementation of article 4 of the Convention, the = Committee notes with concern the inadequacy of measures taken to ensure = the=20 implementation of children's economic, social and cultural rights to the = maximum=20 extent of available resources. The Committee expresses particular = concern at the=20 insufficient budget allocation for social expenditures, in particular in = favour=20 of children belonging to the most disadvantaged groups of the = population.=20

13. The Committee is also concerned that the general principles of = the=20 Convention, as laid down in its articles 2 (non-discrimination), 3 (best = interests of the child), 6 (right to life, survival and development) and = 12=20 (respect for the views of the child), are not being applied and duly = integrated=20 into the implementation of all articles of the Convention. The Committee = is=20 concerned that these principles are not adequately reflected in = legislation and=20 therefore are not properly integrated in all decisions and actions = concerning=20 children, including on the administrative and judicial levels. Concern = is also=20 expressed at the status and situation of children belonging to ethnic = and=20 religious minority groups, the girl child and children living in rural = and=20 remote areas. The insufficiency of measures taken by the authorities to = prevent=20 and combat discrimination against those groups of children is also a = matter of=20 concern.=20

14. With regard to the implementation of articles 2 and 3 of the = Convention,=20 the Committee is seriously concerned by the fact that the national = identity card=20 explicitly mentions the religion and the ethnic origin of each citizen,=20 including children. It is also seriously concerned by the fact that the=20 Citizenship Act establishes three different categories of citizenship = and=20 therefore some categories of children and their parents might be = stigmatized=20 and/or denied certain rights.=20

15. The Committee is concerned by the insufficient measures taken by = the=20 authorities to raise awareness and to provide education on the = Convention to=20 adults and children alike. The fact that the Convention is not = translated into=20 all national languages and is therefore not accessible to all children = living in=20 the territory of the State party is also a matter of concern, as is the = lack of=20 knowledge on the Convention among professional groups working for and = with=20 children, including judges, lawyers, law enforcement and army personnel, = health=20 professionals, teachers, social workers, and personnel working in child = care=20 institutions.=20

16. The Committee is concerned that the State party has not taken all = legal=20 and other appropriate measures to promote and implement the rights = contained in=20 articles 13, 14 and 15. Of particular concern is the fact that children=20 considered poor are channelled towards monastic Buddhist schools and are = offered=20 no alternative educational opportunity. This might challenge the right = to=20 freedom of religion for non-Buddhist children who are enrolled in those = schools.=20 Deep concern is also expressed by the Committee with regard to the right = of=20 children to freedom of speech, association and peaceful assembly. = Moreover, the=20 Committee is seriously concerned by the recent closure of some high = schools.=20

17. The Committee is concerned by the existing legal framework and = procedures=20 regulating adoption which are not in full conformity with the principles = and=20 provisions of the Convention, especially its articles 3 and 21.=20

18. The Committee expresses its concern about the high rates of = infant=20 mortality and malnutrition, as well as the low level of health services, = which=20 are partly due to poverty, deep disparities between urban and rural = communities=20 and the impact of the internal conflict. The Committee is also worried = about the=20 insufficient measures to offer appropriate and accessible social, = rehabilitation=20 and educational services to disabled children.=20

19. With regard to the implementation of articles 28, 29 and 30 of = the=20 Convention, the Committee is concerned by the high drop-out and = repetition=20 rates. It is also concerned by the lack of resources in the field of = vocational=20 training. Finally, the Committee is concerned by the insufficient = measures taken=20 by the State party to provide education in minority languages.=20

20. The Committee is seriously concerned by the impact of years of = internal=20 conflict which has generated important instability in several regions of = the=20 country and resulted in situations where families have been forcibly = relocated=20 or displaced, or encouraged to cross borders to seek for protection as = refugees.=20 The rights of most children involved in those population movements have = not been=20 properly addressed and safeguarded.=20

21. Reports from various sources concerning cases of abuse and = violence=20 perpetrated against children have raised grave concern within the = Committee,=20 particularly regarding numerous documented cases of rape of young girls = by=20 soldiers and cases of children systematically being forced into labour,=20 including as porters.=20

22. Of equal grave concern to the Committee are the numerous reported = cases=20 of forced and under-age recruitment of child soldiers.=20

23. The Committee is concerned by the fact that children working in = the=20 family environment or in family enterprises are not protected by law. = The=20 Committee is also concerned about the abuse and exploitation of adopted=20 children, especially in the area of child labour, and at the absence of = legal=20 safeguards to protect them.=20

24. Furthermore, the Committee expresses its regret that insufficient = measures are being taken to address the problems of child abuse, = including=20 sexual abuse, and the sale and trafficking of children, child = prostitution and=20 child pornography. It is especially concerned by the fact that a = significant=20 number of girls, and sometimes boys, are victims of transnational = trafficking=20 for the purpose of sexual exploitation in brothels across the border.=20

25. In light of article 39 of the Convention, the Committee is = worried about=20 the insufficient measures taken to provide physical and psychological = recovery=20 and social reintegration to children victims of any form of neglect, = abuse=20 and/or exploitation, particularly victims of armed conflicts, sexual=20 exploitation and child labour.=20

26. The situation in relation to the administration of juvenile = justice, and=20 in particular its lack of compatibility with articles 37, 39 and 40 of = the=20 Convention, as well as other relevant standards such as the Beijing = Rules, the=20 Riyadh Guidelines and the United Nations Rules for the Protection of = Juveniles=20 Deprived of their Liberty, is a matter of serious concern to the = Committee.=20 Severe conditions of detention, the fact that deprivation of liberty is = not used=20 only as a measure of last resort, the lack of access by the child to = legal=20 assistance and judicial review, and the absence of a monitoring system = are=20 situations that remain of particular concern to the Committee.=20

27. The Committee is worried by the failure of the State party to = cooperate=20 with non-governmental and intergovernmental organizations in the = framework of=20 existing international human rights mechanisms. The Committee is = concerned about=20 the impact of this situation on the daily life of every child living = under the=20 jurisdiction of the State party.=20

E. Suggestions and = recommendations

28. The Committee recommends that the State party undertake a = comprehensive=20 review of the national legislation to bring it into conformity with the=20 principles and provisions of the Convention, especially in the areas of=20 non-discrimination, citizenship, freedom of association, corporal = punishment,=20 child labour, adoption and the administration of juvenile justice. The = Committee=20 also recommends that the Citizenship Act, the Village and Towns Acts and = the=20 Whipping Acts be repealed. Laws relating to the right to = non-discrimination,=20 freedom of association, child labour and juvenile justice should be = amended so=20 to be fully compatible with the provisions and principles of the = Convention. The=20 Committee recommends that the State party take all necessary measures to = fully=20 reflect the rights recognized by the Convention in a fundamental body of = law.=20

29. The Committee recommends that the State party reinforce at all = levels the=20 role of the National Committee for the Rights of the Child in the = implementation=20 of the Convention. The State party should take all necessary measures to = fully=20 integrate the Convention and the National Plan of Action in all = programmes and=20 sectoral policies.=20

30. The Committee also recommends that the State party gather all = necessary=20 data on the situation of children in the various areas covered by the=20 Convention, including on children belonging to the most vulnerable = groups.=20

31. The Committee further recommends that a multidisciplinary = monitoring=20 system be established to assess the progress achieved and difficulties=20 encountered in the realization of the rights recognized by the = Convention at the=20 central and local levels, and in particular to monitor regularly the = effects of=20 economic change and armed conflicts on children. Such a monitoring=20

system should enable the State to shape appropriate and comprehensive = policies to protect vulnerable groups and to bridge existing disparities = between=20 urban and rural areas. Efforts should be made to ensure implementation = of=20 policies and measures for the promotion and protection of the rights of = the=20 child, in cooperation with United Nations bodies and the specialized = agencies,=20 including the Special Rapporteur on the situation of human rights in = Myanmar and=20 other international mechanisms, the High Commissioner/Centre for Human = Rights,=20 the United Nations Educational, Scientific and Cultural Organization = (UNESCO),=20 the United Nations Children's Fund (UNICEF), the World Health = Organization (WHO)=20 and the International Labour Organization (ILO).=20

32. The Committee recommends that the State party, in the light of = articles=20 2, 3 and 4 of the Convention, undertake all appropriate measures to the = maximum=20 extent of its available resources to ensure that sufficient budgetary = allocation=20 is provided to social services for children and that particular = attention is=20 paid to the protection of children belonging to vulnerable and = marginalized=20 groups. In this regard, the Committee suggests that the "child-impact" = of=20 decisions taken by the authorities be assessed on an ongoing basis.=20

33. With regard to the full implementation of the principles laid = down by=20 articles 2, 3, 6 and 12 in the Convention, the Committee suggests that = the State=20 party fully integrate them in all its policies, laws, actions and = programmes=20 affecting children at all levels, including on the administrative and = judicial=20 levels, especially with regard to children belonging to ethnic and = religious=20 minority groups, the girl child, disabled children and children living = in rural=20 and remote areas.=20

34. In the field of the right to citizenship, the Committee is of the = view=20 that the State party should, in the light of articles 2 = (non-discrimination) and=20 3 (best interests of the child), abolish the categorization of citizens, = as well=20 as the mention on the national identity card of the religion and the = ethnic=20 origin of citizens, including children. In the view of the Committee, = all=20 possibility of stigmatization and denial of the rights recognized by the = Convention should be avoided.=20

35. While encouraged by initiatives taken by the authorities to raise = awareness on the Convention, the Committee recommends that the State = party=20 launch a systematic information campaign, for both children and adults, = on the=20 Convention on the Rights of the Child. Consideration should be given to = the=20 incorporation of the Convention in the school curricula and appropriate = measures=20 should be taken to facilitate access by children to information produced = about=20 their rights. The Committee suggests that the State party develop a=20 comprehensive training programme, especially focusing on child abuse, = for=20 professional groups working for and/or with children, including judges, = lawyers,=20 law enforcement and army personnel, health professionals, teachers, = social=20 workers, and personnel working in child care institutions. In this = regard, the=20 Committee suggests that the State party envisage cooperation with United = Nations=20 bodies, including UNICEF, the specialized agencies and national and/or=20 international non-governmental organizations.=20

36. The Committee recommends that the national law and practice with = regard=20 to adoption be made to conform fully with the Convention, including the=20 principle of the best interests of the child (art. 3). The Committee = also=20 suggest that the State party envisage ratifying the Hague Convention on=20 Protection of Children and Cooperation in Respect of Intercountry = Adoption of=20 1993.=20

37. The Committee recommends that the State party take all = appropriate=20 measures, including legal means, to fully implement articles 13, 14 and = 15 of=20 the Convention. It suggests that the State party give an alternative = education=20 choice to non-Buddhist and poor children and that the State party take = all=20 measures to fully guarantee the freedoms of association and speech as = well as=20 the right to peaceful assembly.=20

38. The Committee recommends that the State party take all = appropriate=20 measures to provide access to health services throughout the country and = to all=20 children, including the ones living in the most remote areas as well as = the ones=20 belonging to minority groups. The State party should also take = appropriate=20 action to offer better protection and access to social services to = physically=20 and mentally disabled children.=20

39. The Committee further recommends that the State party take all=20 appropriate measures, including by reinforcing existing international=20 cooperation programmes, to reduce the rates of school drop-out and = repetition.=20 It also recommends that the State party allocate resources to translate = school=20 materials into minority languages in order to encourage schools and = teachers in=20 the appropriate regions to provide education in minority languages.=20

40. While welcoming the recent peace agreements between the = Government and a=20 great majority of armed rebel groups in the country, the Committee = strongly=20 recommends that State party prevent any occurrence of forced relocation, = displacement and other types of involuntary population movements which = deeply=20 affect families and the rights of children. The Committee also = recommends that=20 the State party reinforce its central tracing agency to favour family=20 reunification.=20

41. Furthermore, the Committee strongly recommends that all reported = cases of=20 abuse, rape and/or violence against children committed by members of the = armed=20 forces be rapidly, impartially, thoroughly and systematically = investigated.=20 Appropriate judicial sanctions should be applied to perpetrators and = wide=20 publicity should be given to such sanctions.=20

42. The Committee strongly recommends that the army of the State = party should=20 absolutely refrain from recruiting under-aged children, in the light of = existing=20 international human rights and humanitarian standards. All forced = recruitment of=20 children should be abolished as well as their involvement in forced = labour.=20

43. With a view to fully protecting children who work within their = family,=20 the Committee recommends that the State party amend its existing = legislation=20 appropriately. The Committee also recommends that the authorities take = all=20 necessary measures to prevent and combat, by legal or any other = appropriate=20 action, the exploitation of adopted children including through labour.=20

44. The Committee also recommends that the State party take all = appropriate=20 measures to prevent and combat child abuse, including sexual abuse, and = the sale=20 and trafficking of children, child prostitution and child pornography. = The=20 Committee encourages the establishment of bilateral agreements between = concerned=20 parties to prevent and combat transnational trafficking and sale of = children for=20 sexual exploitation.=20

45. The Committee recommends that all necessary measures be taken by = the=20 State party to fully implement article 39 of the Convention, especially = to=20 promote the physical and psychological recovery and social reintegration = of=20 children victims of armed conflict, abuse and neglect, any form of = violence,=20 including rape, child labour and forced labour, sexual exploitation and=20 trafficking and sale. The Committee would like to suggest that the State = party=20 consider seeking international assistance in this area from appropriate = United=20 Nations bodies, including UNICEF, the specialized agencies and = non-governmental=20 organizations.=20

46. The Committee recommends that the State party envisage = undertaking a=20 comprehensive reform of the system of juvenile justice in the spirit of = the=20 Convention, in particular articles 37, 39 and 40, and of other United = Nations=20 standards in this field, such as the Beijing Rules, the Riyadh = Guidelines and=20 the United Nations Rules for the Protection of Juveniles Deprived of = their=20 Liberty. Particular attention should be paid to using deprivation of = liberty=20 only as a measure of last resort and for the shortest possible period of = time;=20 to ensuring humane conditions of detention, taking into account the = specific=20 needs of children including separation from adult detainees; to the = rights of=20 the child to legal assistance and judicial review; to due process of = law; and to=20 the full independence and impartiality of the judiciary. Training = programmes on=20 the relevant international standards should be organized for all those=20 professionals involved with the system of juvenile justice. An = independent=20 monitoring mechanism, national and/or international, should guarantee = the full=20 implementation of those rights. Finally, the Committee would like to = suggest=20 that the State party consider seeking international assistance in the = area of=20 the administration of juvenile justice from the High Commissioner/Centre = for=20 Human Rights and the Crime Prevention and Criminal Justice Division of = the=20 Secretariat.=20

47. The Committee encourages dialogue and international cooperation,=20 especially in the field of human rights, including those of children, = between=20 the State party and the international community. The Committee = recommends that,=20 in the spirit of international cooperation in the area of human rights,=20 including children's rights, the State party implement all the = recommendations=20 made by the Special Rapporteur on the situation of human rights in = Myanmar.=20 While appreciating the fact that the Union of Myanmar is a State party = to the=20 Convention on the Rights of the Child, the Committee also suggests that = it=20 envisage ratifying other major international human rights treaties.=20

48. The Committee recommends that in accordance with article 44, = paragraph 6,=20 of the Convention, the initial report presented by Myanmar be made = widely=20 available to the public at large and that consideration be given to = publication=20 of the report along with the relevant summary records and the concluding = observations adopted thereon by the Committee. Such a document should be = widely=20 distributed in order to generate debate and awareness of the Convention, = its=20 implementation and monitoring within the Government and the general = public,=20 including concerned non-governmental organizations.=20

* At the 371st meeting, held on 24 January 1997.=20

=A91996-2001
Office of = the United=20 Nations High Commissioner for Human Rights
Geneva, Switzerland =

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