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GENERAL

CRC/C/8/Add.9
18 September 1995


Original: ENGLISH =
Initial reports of = States=20 parties due in 1993 :=20 Myanmar. 18/09/95.=20
CRC/C/8/Add.9.=20 (State Party=20 Report)

Convention Abbreviation: CRC
COMMITTEE ON THE RIGHTS OF THE CHILD


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


Initial reports of States parties due in=20 1993


Addendum


MYANMAR


[14 September 1995]


CONTENTS

Paragraphs=20

I. INTRODUCTION 1 - 20=20

A. Land and people 1 - 6=20

B. Political and economic system 7 - 14=20

C. Child-rearing practices and the social customs of Myanmar 15 - 20=20

II. GENERAL MEASURES OF IMPLEMENTATION 21 - 42=20

A. Measures taken to harmonize national law and policy with the = provisions of=20 the Convention 21=20

B. The Child Law 22 - 28=20

C. Strengthening the implementation of the Child Law 29 - 35=20

D. Measures taken to involve the whole community in the = implementation of the=20 Convention 36 - 38=20

E. International coordination and cooperation 39 - 42=20

III. DEFINITION OF THE CHILD 43 - 45=20

IV. GENERAL PRINCIPLES 46 - 56=20

A. Non-discrimination (art. 2) 46 - 47=20

B. The best interest of the child (art. 3) 48 - 50=20

C. The right to life, survival and development (art. 6) 51 - 53=20

D. Respect for the views of the child (art. 12) 54 - 56=20

V. CIVIL RIGHTS AND FREEDOMS 57 - 72=20

A. Name and nationality (art. 7) 57 - 59=20

B. Preservation of national identity (art. 8) 60 - 61=20

C. Access to appropriate information (art. 17) 62 - 64=20

D. Freedom of thought, belief and religion (art. 14) 65 - 66=20

E. Freedom of association and peaceful assembly (art.15) 67 - 68=20

F. Protection of privacy (art. 16) 69 - 70=20

G. The right not to be subjected to torture or other cruel, inhuman = and=20 degrading treatment or punishment (art. 37 (a)) 71 - 72=20

VI. FAMILY ENVIRONMENT AND ALTERNATIVE CARE 73 - 85=20

A. Parental responsibilies (art. 18) 73 - 74=20

B. Separation from parents (art. 9) 75 - 76=20

C. Family reunification (art. 10) 77=20

D. Children deprived of a family environment (art. 20) 78 - 79=20

E. Adoption (art. 21) 80 - 81=20

F. Illicit transfer and non-return of children abroad (art. 11) 82=20

G. Abuse and neglect (art. 19), including physical and psychological = recovery=20 and social reintegration (art. 39) 83 - 84=20

H. Periodic review of placement (art. 25) 85=20

VII. BASIC HEALTH AND WELFARE 86 - 97=20

A. Survival and development (art. 6, para. 2) 86 - 87=20

B. Disabled children (art. 23) 88 - 90=20

C. Health and health services (art. 24) 91 - 94=20

D. Social security and child care (art. 26) 95 - 97=20

VIII. EDUCATION, LEISURE, RECREATION AND CULTURAL ACTIVITIES 98 - 104 =

A. Education, vocational education and guidance (art. 28) 98 - 100=20

B. Aims of education (art. 29) 101 - 102=20

C. Leisure, recreation and cultural activities (art. 31) 103 - 104=20

IX. SPECIAL PROTECTION MEASURES 105 - 118=20

A. Children in situations of emergency 105=20

B. Children in conflict with the law 106 - 109=20

C. Children in situations of exploitation 110 - 116=20

D. Children belonging to a minority or an indigenous group 117 - 118=20

X. CONCLUSION 119 - 129=20


List of annexes*

Map of the Union of Myanmar=20

Organization of National Committee=20

Formation of National Committee on the Rights of the Child=20

Announcement No. 15/93=20

* The annexes may be consulted in the files of the = Secretariat.=20


Introduction


A. Land and people

1. The Union of Myanmar is located in South-East Asia within = longitude 90=B0=20 10' east to 101=B0 11' east and latitude of 9=B0 30' north to 28=B0 = 31'north with an=20 area of 261,228 square miles (676,577 sq km). Myanmar is bounded by the = People's=20 Republic of China and the Lao People's Democratic Republic in the east, = Thailand=20 in the south-east, the People's Republic of Bangladesh and the Republic = of India=20 in the west. The total length of the international boundary with the=20 neighbouring countries is 3,826 miles (6,157 km). The Andaman Sea and = the Gulf=20 of Martaban are situated in the south of the Union and the Bay of Bengal = in the=20 west. The coastal regions of Myanmar are the Rakhine coast, the Delta = region and=20 the Tanintharyi coastal strip with a length of 1,385 miles (2,228 km).=20

2. Two thirds of the total area of Myanmar lies in the tropical zone = and the=20 remaining one third in the temperate zone. The country is located in the = tropical monsoon region with three seasons, the hot season, the wet = season and=20 the cold season. The total estimated population of Myanmar in 1992/93 is = 42,330,000 with 20,980,000 males and 21,350,000 females. The total = population of=20 young people under 15 years is 14,900,000, the working population = between the=20 ages of 15 and 59 years is 24,660,000 and the population above 60 years = is=20 2,770,000.=20

3. The Union of Myanmar is divided into 7 states (Kachin, Kayin, = Kayah, Chin,=20 Mon, Rakhine, Shan) and 7 divisions (Saging, Tanintharyi, Pago, Magwe, = Mandalay,=20 Yongon, Ayeyarwaddy) and is inhabited by 135 ethnic nationalities. The = main=20 nationalities are Kachins, Kayins, Kayahs, Chins, Mons, Barmars = (Burmese)=20 Rakhine, Pao, Kokan and Wa, of whom the Burmese are the majority. Most = of the=20 people are Buddhist and because of the freedom to embrace any religion, = there=20 are Christians, Muslims, Hindus and others. Some profess animism and = worship=20 nats (spiritual deities) according to their traditional beliefs.=20 Religious festivals of different faiths are held with the assistance of = the=20 Government.=20

4. Myanmar has abundant natural resources. Agricultural and forest = products=20 were the two main products for export in the year 1993/94. Apart from = these two=20 resources, other natural resources are crude oil, natural gas, wolfram, = gold,=20 tin, copper, jade, gem and coal. Although Myanmar is an agricultural = country, it=20 is striving to become an agro-based industrial country. The majority of = the=20 people (80 per cent of the total population) are farmers residing in = rural=20 areas. The economy of the country depends on the agricultural activities = in=20 rural areas and rice constitutes a principal source for generating = foreign=20 exchange. The cultivable land in the whole country is 20,860,000 acres = with the=20 production target of 800 million baskets 800 million baskets =3D = 27.21552=20 tons (in millions) of paddy set for the year 1993/94. The State is = trying=20 its best to promote the standard of living of the farmers and the = country's=20 economy depends on the agricultural activities. According to 1992/93 = data, the=20 net productive value of the livestock and fishery sector is 4,098.8 = million=20 kyats.=20

5. The inflation rate was 30 per cent on 31 March 1994; the = individual per=20 capita income in 1993/94 was kyats 1,272. The individual per capita = consumption=20 rate was kyats 1,116 and the net domestic product was K 3,459 (US$ = 532.15).=20

6. According to the data in 1993/94 the annual rate of increment in=20 population was 1.88 per cent; the unemployment rate was 4.12 per cent; = and the=20 literacy rate was 78 per cent according to 1990/91 data.=20


B. Political and economic = system

7. The people of Myanmar have lived for thousands of years under = sovereign=20 Myanmar monarchs. According to Myanmar chronicles, its ancient history = goes back=20 to 300 B.C. with a multitude of small sovereign states such as Tagaung = and=20 Thaton. When powerful monarchs ascended the throne, however, these small = sovereign States were united and an empire was founded. Anawratha = (1044-1077)=20 was the first king who united the country and founded the First Myanmar = Empire.=20 The Second Myanmar Empire was established by Bayintnaung (1551-1581) in = 1551,=20 and the Third Myanmar Empire was founded by Alaungpaya (1752-1761) in = 1752.=20

8. Though customs may vary and languages differ, the various national = races=20 lived together as members of one family in the land of Myanmar from time = immemorial. They have worked together and shared hardship and joy = together. When=20 the country was threatened, they fought common enemies together with = resolute=20 will. However, after the three Anglo-Myanmar Wars in 1825, 1852 and = 1855, the=20 country fell into servitude in 1885.=20

9. Although Myanmar had to stay under colonial rule for more than 100 = years,=20 the spirit of the Myanmar people was never vanquished. Their courage and = sense=20 of nationalism enabled them to fight against the colonialists with = whatever=20 weapons they could lay their hands on in order to regain their lost=20 independence. The anti-colonialist movement was started in 1897 by the = patriotic=20 youths of Myanmar. In 1941, the Burmese Independence Army (BIA) was = formed under=20 the leadership of General Aung San. BIA, with the collaboration of the = Japanese=20 Army, drove the British from the country. However, the Fascist Japanese = were=20 cruel to the people and on 27 March 1945, the anti-Fascist revolution = began.=20 After the revolution, Myanmar fell again under British rule but it = regained its=20 independence due to the concerted efforts of all the races of the = country on 4=20 January 1948.=20

10. After gaining independence from the colonialists, the country was = governed according to the 1947 constitution. When the country was on the = brink=20 of destruction, the armed forces stepped in and formed a caretaker = government on=20 28 September 1958. General elections were held in 1960 and power was = handed back=20 to the politicians. In 1962, there arose a demand for federal rule which = caused=20 deep divisions within the country and led to a secessionist movement. To = avoid=20 bloodshed between the national races, the armed forces once again took = over the=20 power of the government on 2 March 1962. On 4 July of the same year, the = Burma=20 Socialist Programme Party was founded. On 3 January 1974 a new = constitution was=20 promulgated.=20

11. In 1988, because of machinations of internal and external = destructive=20 elements, the country was on the brink of disaster and once again, on 28 = September, the armed forces took over the power of the government to = safeguard=20 the lives and interests of the people and formed a new government under = the=20 State Law and Order Restoration Council (SLORC). SLORC launched a = multi-party=20 democracy system and introduced economic changes based on a = market-oriented=20 economy. The economy of the country was deteriorating rapidly in 1985/86 = because=20 of regression of trade with other countries and the weakness of the = centrally=20 controlled economy; there was a decrease in the production of goods and = also in=20 investments. After taking up the responsibilities of the State, SLORC = declared=20 to undertake the four main duties, one of which was to hold a general = election.=20 Thus, a multi-party democracy election commission law was promulgated on = 21=20 September 1988. The general election was held successfully on 27 May = 1990. The=20 National Convention to draw a new and enduring constitution began its = work on 9=20 January 1993.=20

12. After taking over the duties of the State on 8 September 1988, = SLORC=20 stated in notification order 3/88 that it would continue to practice an=20 independent and active foreign policy. This notification reaffirms = Myanmar's=20 stand on foreign affairs and the continuity of its policy. The = continuity of=20 Myanmar's foreign policy is evident since its basic principles are based = on the=20 principles and purposes of the Charter of the United Nations. They = include,=20 among others, the five principles of peaceful coexistence, = non-alignment,=20 respect for international peace and security, friendly relations with = all=20 nations on the basis of mutual respect and equality in spite of = differences in=20 political and economic systems, and analysing each international issue = on its=20 merits. Since domestic political and socio-economic policies reflect on = foreign=20 policy the country's adoption of a market-oriented economy and = multi-party=20 democracy are new initiatives in Myanmar's foreign policy.=20

13. As a result of Myanmar's transformation from the socialist = economic=20 system to a market-oriented economic system, private entrepreneurs, = foreign=20 companies, as well as joint ventures have flourished alongside the State = sector.=20 Trade relations between Myanmar and other countries have also developed. = Due to=20 the overall restructuring and development policy of the Government, = there is=20 progress in the promotion of trade and an increase in the volume of = trade with=20 foreign countries. It also creates a favourable climate for foreign = investment.=20

14. Beginning in 1989/90 side by side with the economic = transformation, plans=20 have been drawn up for social development. The Foreign Investment = Commission was=20 formed to develop the economy of the country, to increase income from = exports,=20 to acquire high technology and skill and to promote foreign investment. = Social=20 development can take place only when there is political and economic = stability.=20


C. Child-rearing practices and the social = customs of=20 Myanmar

15. The preachings (teachings) of the Lord Buddha have a vast = influence on=20 the social customs of Myanmar as the majority of the people of the = country are=20 Buddhists. The Lord Buddha preached that looking after the welfare of = the child=20 is the duty of the parent. Women in maternity are used to praying to the = Lord=20 Buddha for the welfare of the child and to have the blessings from the = three=20 Gems. The father also is responsible for the mental and physical = development of=20 the child and thus has to plan an appropriate healthy environment for = the child.=20

16. The Lord Buddha stated in his preachings that parents are the = first=20 teachers of the child and thus in Myanmar culture, parents are regarded = to be=20 mainly responsible for the wholesome development of the child. Children = are=20 highly valued and thought to be the most important property of the = parents,=20 often referred to as "the precious jewels". The duties of the parents = laid down=20 by the Lord Buddha are: (a) to restrain the child from vice; (b) exhort = him to=20 virtue; (c) train him to a profession; (d) in due time hand over his=20 inheritance; (e) contract a suitable marriage for him. It is the custom = of the=20 people of Myanmar to carry out these duties cheerfully as children are = regarded=20 as gifts of one's destiny given to mortals to have joy and happiness in = the=20 family. The parents' task of taking good care of their children has = always been=20 a Myanmar custom since the early days of Myanmar history.=20

17. The extended family pattern is still practised in Myanmar and = thus the=20 child receives loving care not only from the parents but also from = relatives=20 such as the grandparents, aunts and uncles who share the same home.=20

18. An excellent custom in Myanmar is the community taking part in = looking=20 after the child. The teachers not only teach academic subjects but also = teach=20 and train the child to become an outstanding person with a good moral = character.=20 The curriculum also includes materials for moral development. Parents in = the=20 rural areas put their child in the care of monks at the monasteries. Up = to the=20 present day, the monks not only educate the child to read and write but = also=20 teach moral lessons. Religious classes for children are held in various=20 townships during the holidays to promote the moral development of the = children.=20

19. Abandoned children and orphans are taken care of by the = monasteries and=20 the communities. Monastic education is now established not only in the = rural=20 areas but also in the towns and cities. The system allows the child to = learn=20 moral lessons as well as academic lessons. Child caring is done not only = by the=20 State organizations but also by other voluntary non-governmental = organizations.=20 The Red Cross and the Union Solidarity and Development Association are = also=20 undertaking programmes to enhance the moral development of the youths.=20

20. Children's Day is commemorated annually on 13 February, the = birthday of=20 the leader of the country, General Aung San. Story-telling contests,=20 poem-recitation contests and sports activities are held at the schools = and also=20 at nurseries and day-care centres under the Department of Social Welfare = with a=20 view to promoting the cognitive development of the child.=20


II. GENERAL MEASURES OF IMPLEMENTATION


A. Measures taken to harmonize national law = and=20 policy=20

with the provisions of the Convention


21. Myanmar became a party to the United Nations Convention on the = Rights of=20 the Child on 15 August 1991 after signing the Convention on 16 July = 1991. The=20 State Law and Order Restoration Council promulgated the Child Law as = State law=20 on 14 July 1993 to implement the rights of the child recognized in the=20 Convention. The Government formed the National Committee on the Rights = of the=20 Child to implement the provisions of the law effectively and = successfully. In=20 1990 plans of action were adopted for the survival, protection and = development=20 of the children of Myanmar. The implementing agencies of the plans of = actions=20 are the Department of Health, the Department of Education and the = Department of=20 Social Welfare.=20


B. The Child Law

22. Chapter V, section 8 of the Child Law states that "The state = recognizes=20 that every child has the right to survival, development, protection and = care and=20 to achieve active participation within the community." Sections 65 and = 66 state=20 that the penalties of imprisonment for a term which may extend to six = months or=20 with fine which may extend to K 1,000 for anyone who contravenes the = Law. The=20 Department of Social Welfare has taken the responsibility to implement = the Early=20 Childhood Development (ECD) project. In accordance with this project, = expansion=20 of ECD centres, training courses for child minders and distribution of = curricula=20 and teaching aids have been carried out by the Department.=20

23. With regard to children in especially difficult circumstances = (CEDC), the=20 aim of the national plan of action is to give appropriate protection to = and=20 promote the standard of living of these children. In accordance with = this aim,=20 orphans, children in especially difficult circumstances, street children = and=20 disabled children are given proper academic education and also = vocational=20 education. Plans of action have been adopted and implemented for those = children.=20

24. With regard to education, section 20 of the Child Law states as = follows:=20

"(a) Every Child shall have:=20

"(1) opportunities of acquiring education;=20

"(2) the right to acquire free basic education (primary level) at = state=20 schools;=20

"(b) The Minister of Education shall implement:=20

"(1) a system of free and compulsory primary education;=20

"(2) measures as may be necessary for regular attendance at schools = and the=20 reduction of untimely drop-out rates;=20

"(3) arrangements for children who are unable for various reasons to = attend=20 schools opened by the state, to become literate."=20

25. The main objectives of the Basic Education Law (1973), section 3, = are as=20 follows:=20

(a) To enable every citizen of the Union of Myanmar to become a = physical and=20 mental worker well equipped with a basic education, good health and good = moral=20 character;=20

(b) To lay the foundations for appropriate vocational education and = training;=20

(c) To give priority to the teaching of science capable of = strengthening and=20 developing the productive forces;=20

(d) To give priority to the teaching of arts capable of preserving = and=20 developing the culture, fine arts and literature of the State;=20

(e) To build a firm base for the pursuance of university education.=20

26. The Myanmar Naing-Ngan Education Committee was formed in 1991 = with a view=20 to establishing an education system compatible with the State's = political,=20 economic and social system, help uphold Myanmar's cultural traits and = contribute=20 to the development of the country. The Myanmar Naing-Ngan Education = Committee is=20 undertaking the following duties:=20

(a) To advise the Government in enacting educational laws which will = support=20 the perpetuation of the physical integrity of the Union, national = solidarity and=20 national sovereignty;=20

(b) To advise the Government in adopting educational policies in line = with=20 the social, economical and political system;=20

(c) To give guidance in implementing programmes to promote the = intellectual=20 and technical advancement of the people of Myanmar;=20

(d) To advise the Government in reviewing and amending programmes in = the=20 educational sector if necessary;=20

(e) To give guidance in the cooperation with the international = development=20 agencies, and educational organizations for the implementation of = educational=20 programmes.=20

27. Concerning the child's right to health, section 19 (a) of the = Child Law=20 states that every child has the right to enjoy health facilities = provided by the=20 State. Section 19 (b) states that the Ministry of Health shall:=20

(a) Lay down and carry out measures for the survival of the child,=20 immunization of the child, breast-feeding of the child, family planning, = adequate nutrition for the child, elimination of iodine deficiency = disease,=20 school health and family health;=20

(b) Lay down and carry out appropriate measures for the gradual = abolition of=20 traditional practices prejudicial to the health of the child;=20

(c) Carry out measures to minimize the child mortality rate and = maximize the=20 population of healthy children.=20

28. A high-level National Health Committee has been formed to promote = and=20 enhance the health standards of the people of Myanmar.=20


C. Strengthening the implementation of the = Child=20 Law

29. The United Nations General Assembly adopted the Convention on the = Rights=20 of the Child on 20 November 1989. On 16 July 1991, Myanmar became a = signatory to=20 the Convention (with reservations on arts. 15 and 37). The National = Seminar on=20 the Convention on the Rights of the Child was held at the Institute of = Nursing=20 from 21 to 24 January 1992. The outcome of the seminar was the decision = to=20 promulgate a new law to safeguard the child's rights in line with the=20 Convention. the Child Law was enacted on 14 July 1993, and in accordance = with=20 section 4 of the Law, which states that the Government shall form the = National=20 Committee on the Rights of the Child, the Committee was formed under=20 notification order 15/93 issued on 30 September 1993. The Programme of = Action=20 for the Survival, Protection and Development of Children and Women in = Myanmar=20 for the period of 1991 to 1995 was also adopted. The Departments of = Health,=20 Education and Social Welfare are implementing these actions in = collaboration=20 with UNICEF.=20

30. Committees on the rights of the child are being formed at the = State,=20 division, district and township levels in accordance with section 6 of = the Child=20 Law. Juvenile courts are established within Yangon Division in = accordance with=20 notification order 42/92 dated 20 July 1992 of the Supreme Court. In = accordance=20 with section 40 (b) of the Child Law, the Supreme Court issued = notification=20 order 25/93 on 29 July 1993 to confer powers of a juvenile judge on a = township=20 judge in areas where juvenile courts have not been established.=20

31. The withdrawal of the reservations on articles 15 and 37 of the=20 Convention on 15 October 1993 by the Government of Myanmar was duly = notified to=20 the Secretary-General of the United Nations.=20

32. By section 22 b (ii) of the Child Law, the Ministry of = Information has=20 been given the task to educate and disseminate through the mass media to = ensure=20 that children and their parents or guardians are made familiar with the = rights=20 and the moral values of the child. According to the programme of action = on early=20 childhood development, the mothers of the community were given training = classes;=20 early childhood development centres were established; manuals on = child-caring=20 were distributed to child care-givers; and educational classes were held = for the=20 government personnel who are engaged in child-caring services.=20

33. The National Committee on the Rights of the Child is vested with = the=20 following duties and functions as stated in chapter 4, section 5, of the = Child=20 Law.=20

(a) Protecting and safeguarding the rights of the child;=20

(b) Giving guidance as may be necessary in order that the relevant = government=20 departments and organizations may implement effectively and successfully = the=20 provisions of this law;=20

(c) Cooperating and coordinating as may be necessary activities of = government=20 departments and organizations, voluntary social workers and = non-governmental=20 organizations relating to children and reviewing from time to time the = progress=20 made;=20

(d) obtaining assistance and cooperation of the United Nations = organizations,=20 international organizations, voluntary social workers or = non-governmental=20 organizations relating to children;=20

(e) Giving guidance and supervision in obtaining donations and = material from=20 local and foreign voluntary donors and in making possible effective = utilization=20 of such donations in the interests of children;=20

(f) Laying down and carrying out work programmes in order to take = preventive=20 measures against occurrence of juvenile crimes;=20

(h) Reporting to the Government from time to time on the activities = of the=20 Committee;=20

(i) Carrying out functions and duties in respect of the child as = assigned by=20 the Government.=20

34. In implementing the functions, the Committee may:=20

(a) Form State, division, district or township committees on the = rights of=20 the child and determine the functions and duties thereof;=20

(b) Supervise, guide and assist in the activities of the Committees = on the=20 rights of the child formed under (a) above.=20

35. The allocation of office work and expenditure is as follows:=20

(a) The office work of the Commitee shall be undertaken by the = Department of=20 Social Welfare;=20

(b) The expenditures of the Committee shall be borne out of the = budget of the=20 Department of Social Welfare.=20


D. Measures taken to involve the whole = community=20 in

the implementation of the Convention=20

36. In addition to classes held for volunteer child supervisors and=20 in-service training for officers of the Department of Social Welfare to=20 implement the rights of the child, activities relating to the rights of = the=20 child, protection and care were explained and discussed at the = respective State,=20 division and district levels.=20

37. The National Seminar on the Convention on the Rights of the Child = was=20 held from 21 to 24 January 1992 under the auspices of the Attorney = General's=20 Office with the collaboration of UNICEF. The Myanmar Medical = Association, with=20 the collaboration of UNICEF, held a workshop on "The Child's Right to = Health" on=20 10 and 11 March 1992. A workshop on "The Child's Right to Education" was = also=20 held as a joint effort by the Department of Basic Education of the = Ministry of=20 Education and UNICEF on 24 and 25 March 1992.=20

38. Activities to involve the community in the implementation of the=20 Convention on the Rights of the Child have been promoted through the = mass media.=20


E. International coordination and=20 cooperation

39. After acceding to the Convention on the Rights of the Child,=20 representatives from Myanmar attended the Second Regional Consultation = on the=20 Convention on the Rights of the Child held in Beijing from 1 to 11 = August 1992,=20 the Third Asian Conference on Child Abuse and Neglect held at = Kualalumpur from 7=20 to 11 January 1993, the Asia-Pacific Training Programme on Monitoring = and=20 Reporting under the Convention on the Rights of the Child workshop held = at=20 Bangkok from 1 to 7 December 1993.=20

40. In accordance with the national programme, measures have been = taken by=20 the Department of Social Welfare to implement the activities for the=20 development, protection and care for the child by carrying out the = activities of=20 early childhood development and projects for children in especially = difficult=20 circumstances with the collaboration of UNICEF.=20

41. The primary education project and the non-formal education = project are=20 implemented by the Ministry of Education with the collaboration of = UNICEF.=20 Functional literacy and skill-based literacy systems are being = implemented in=20 the non-formal education project. The Primary Education Project is aimed = at the=20 regular attendance of children in primary schools and a reduction in the = number=20 of school drop-outs. Investigations on children who do not attend = primary school=20 and on drop-outs were undertaken by the Department of Basic Education = and UNICEF=20 in 1990 and 1992.=20

42. The Child Survival Project, the Disparity Reduction Project, the=20 Innovative Activities Project and the System Development Project are = carried out=20 under the Health and Nutrition Project by the Ministry of Health with = the=20 collaboration of UNICEF. Apart from these projects, the Rural Water = Supply=20 Project, the Handpump Manufacture Project and the Environmental = Sanitation=20 Project are carried out under the Water and Environmental Sanitation = Project.=20


III. DEFINITION OF THE CHILD

43. According to section 37 (A) of the Myanmar Merchant Shipping Act = a "young=20 person" is defined as a person under 18 years of age. Section 2 of the = Oilfield=20 (Labour and Welfare) Act provides that a child is a person below the age = of 15,=20 and a minor is defined as a person between the age of 15 and 18. Section = 3 (1)=20 of the Mines Act defines that a child is a person who has not completed = his=20 fifteenth year. Section 2 (c) of the Government Savings Banks Act = defines a=20 minor as a person who has not attained the age of 18 years.=20

44. Section 2 (a) and section 2 (b) of the Child Law defines a child = as a=20 person who has not attained the age of 16 years and a youth as a person = who has=20 attained the age of 16 years but has not attained the age of 18 years.=20

45. Concerning the offences committed by a child, section 28 (a) of = the Child=20 Law states that a child under 7 years and under 12 years of age who has = not=20 attained sufficient maturity of understanding to judge the nature and=20 consequences of his conduct on that occasion is exempted from penal = action.=20


IV. GENERAL PRINCIPLES


A. Non-discrimination (art. 2)

46. Legal context:=20

(a) Section 14 of the Child Law states: "Every child shall, = irrespective of=20 race, religion, status, culture, birth or sex be equal before the law = and be=20 given equal opportunities". Other existing laws also give equal = opportunities to=20 women and children;=20

(b) Myanmar culture allows parents to choose an individual name for = each=20 child, i.e. there is no family name;=20

(c) In Myanmar a woman does not change her name when she marries. She = keeps=20 her own but she can change if she wishes to do so;=20

(d) A couple is legally recognized as man and wife if they sign a = contract of=20 marriage and cohabit publicly in the community.=20

47. Implementation:=20

(a) In accordance with the Child Law, in cases where a child is tried = for an=20 offence, protection will be given in respect of his age, character and=20 circumstances. Measures are taken to give all children equal rights and=20 privileges according to the law;=20

(b) From the period 14 July 1993 to 31 May 1994 children who needed=20 protection and care and who were liable to commit offences were cared = for by the=20 Department of Social Welfare according to the Child Law. Out of a total = of 510=20 children under the care of the Department of Social Welfare, 168 = children were=20 returned to the custody of their parents or guardians and 321 children = were sent=20 to a training school.=20

(c) In 1993/94, the Department of Social Welfare distributed rice, = clothing=20 and allotted K 10.8 million to 120 homes run by volunteer organizations = for=20 children under 18 in various States and divisions;=20

(d) Township hospitals, Maternal and Child Health centres, school = health,=20 rural health, etc. provide health care for children. Twenty-seven = hospitals and=20 67 health centres have been established in the border areas for the = children.=20 The State Law and Order Restoration Council has spent K 96 million on = these=20 establishments;=20

(e) All children of Myanmar, irrespective of sex and religion, have = an equal=20 right to education.=20


B. The best interest of the child (art.=20 3)

48. Legal context:=20

(a) Section 20 (a) of the Child Law states that every child shall = have=20 opportunities of acquiring eduction and the right to acquire basic = education;=20

(b) Section 26 of the Child Law states that every child may enjoy = fully the=20 rights mentioned in this Law. Government departments and organizations = shall=20 perform their respective functions to the fullest extent possible. = Voluntary=20 social workers or non-governmental organizations may also carry out = measures as=20 far as possible in accordance with the law;=20

(c) Section 27 of the Child Law states that persons with = responsibility in=20 respect of the affairs of children shall have as their objective the = best=20 interests of children, under the principle "First Call for Children", = regarding=20 protection and care of every child by the community.=20

49. Implementation:=20

(a) Students at primary and middle schools have the privilege of free = tuition. Textbooks and stationery are distributed by the State. Stipends = have=20 been offered to children from remote areas and boarding schools have = been opened=20 in some schools for them;=20

(b) In accordance with the Child Law, the child officers investigate = those=20 children who need care and protection based on their age, = characteristics and=20 circumstances. Some of the children are returned to the custody of = parents or=20 guardians, some sent to training schools and some given treatment for=20 drug-related problems, if required.=20

50. Constraints: the Government is striving to implement the = Child=20 Law. However, even with generous donations from the public, there are = many=20 constraints as the magnitude of the implementation work is great. Due to = the=20 high cost of living, the amount of money allotted by the State is not = sufficient=20 to meet the needs of the children. Hence, measures are being taken to = overcome=20 these difficulties with the help and support from local and = international NGOs.=20


C. The right to life, survival and = development (art.=20 6)

51. Legal context:=20

(a) Concerning the rights of the child, section 8 of the Child Law = states=20 that the State recognizes that every child has the right to survival,=20 development, protection and care, and to participate actively in the = community;=20

(b) Section 9 (a) states that every child has the inherent right to = life and=20 section 9 (b) states that parents or guardians shall register the birth = of the=20 child in accordance with the law;=20

(c) For the survival and development of mentally and physically = disabled=20 children, section 18 (a) of the Child Law states that a mentally or = physically=20 disabled child has the right to acquire basic education (primary level) = or=20 vocational education at the special schools established by the = Department of=20 Social Welfare or by a voluntary social worker or by a non-governmental=20 organization. The child has the right to obtain special care and = assistance from=20 the State.=20

52. Implementation:=20

(a) Fifteen early childhood development centres have been established = in=20 Yangon and Mandalay divisions, for the physical and cognitive = development of=20 children from three to five years. Programmes have been adopted for the=20 expansion of more centres in Mon and Shan States with the cooperation of = the=20 community.=20

(b) Since 1991 measures have been taken jointly by the Government and = UNICEF=20 to promote education and the all-round development of children including = in the=20 fields of primary education, programme assessment and support for the=20 publication of Pyinnya-Tazaung (Brighten Education) = magazine.=20 Physical education and morals have been taught in schools to promote the = physical, intellectual and moral development of children. Curricula for = arts and=20 other activities have been formulated and distributed. Students' sports=20 festivals are held annually to uplift the standard of youth sports and = to turn=20 out brilliant athletes;=20

(c) Primary and middle school children representing the country = regularly=20 attend the annual meeting of children of the Asia-Pacific region held at = Fukao,=20 Japan, to exchange views and knowledge; this will promote the all-round=20 development of children;=20

(d) The implementation of the programme for the development of health = and=20 nutrition plays an important role for child survival. Under this = programme,=20 children under one year of age and expectant mothers are immunized; the = growth=20 of the children is monitored; activities for the development of growth = are=20 reviewed; talks on health education and on systematic feeding of = nutritious food=20 to malnourished mothers and children are held monthly. Another activity = under=20 this programme is distributing nutritious food to malnourished children = from 6=20 to 36 months old.=20

53. Constraints: Dissemination of health education to the = community is=20 vital to the survival and development of children. However, ineffective=20 dissemination is a difficulty and an obstacle in implementation of the=20 programme. In spite of arrangements made for information hand-outs and=20 educational talks, people in remote areas do not have easy access to = these=20 activities and thus progress is slow. To overcome this obstacle, = television=20 relay stations are established in various parts of the country under the = Border=20 Development programmes. However, it is not possible to set up relay = stations for=20 all parts of the country and thus there is need for support from = international=20 organizations in this sector.=20


D. Respect for the views of the child (art.=20 12)

54. Legal context: Section 13 of the Child Law states that:=20

(a) Every child who is capable of expressing his or her own views, in = accordance with his age and maturity, has the right to express his own = views in=20 matters concerning children;=20

(b) The views of the child shall be given due weight, in accordance = with his=20 age and maturity, by those concerned;=20

(c) The child shall be given the opportunity of making a complaint, = being=20 heard and defended in the relevant government department, organization = or court=20 either personally or through a representative in accordance with law, in = respect=20 of his rights.=20

55. Implementation: Periodicals are being published where = children can=20 express their imagination, ideas and desires through paintings, cartoons = and=20 essays. Apart from wall posters schools publish their own magazines. The = Printing and Publishing Department of the Ministry of Information = publishes=20 150,000 copies of the weekly journal Shwe Thway. Myawaddi Ltd., = working=20 jointly with the Government, publishes 50,000 copies of the periodical=20 Moethauk Pan (Aurora), 100,000 copies of the pictorial = Teza=20 and 50,000 copies of the monthly Our Student. These periodicals = not only=20 serve to develop the mental faculties of the child but also articles and = works=20 of the children themselves are published. Communications media such as = radio and=20 television also report interviews with the children whenever possible.=20

56. Constraints: Involvement by the public and their knowledge = of the=20 subject are essential in promoting respect for the views of the child. = In the=20 dissemination of knowledge to the public, since the number of = periodicals issued=20 is insignificant compared to the population of the country, there are = some=20 constraints. In addition, there is also a shortage of printing materials = and=20 paper and lack of assistance from foreign organizations.=20


V. CIVIL RIGHTS AND FREEDOMS


A. Name and nationality (art. = 7)

57. Legal context:=20

(a) According to section 9 of the Myanmar Citizenship Law, a child = born in=20 the country must be registered with the organization concerned within a = year=20 after he attains 10 years of age by the parents or guardiana. According = to=20 section 10 of the law, a child born abroad must be registered at the = respective=20 embassy or consulate by the parents or guardians within a year. Section = 11=20 states that the penalty of payment of a fine of K50 annually for five = years will=20 be prescribed if the above rules are not followed;=20

(b) According to the Myanmar Citizenship Law, there are three types = of=20 citizens, namely a citizen, an associate citizen and a naturalized = citizen.=20 Thus, there is hardly a chance for a child to be stateless or to be = deprived of=20 his nationality;=20

(c) Myanmar culture allows the parents or the guardians freedom to = choose an=20 individual name for each child. There is no law or custom which dictates = that=20 the father's name should be adopted by the child;=20

(d) The Evidence Act (section 112) stipulates that any child born = during a=20 valid marriage between a woman and her spouse, or within 280 days after=20 dissolution of the marriage with the mother remaining unmarried, it = shall be=20 conclusively proved that the offspring is legitimate.=20

58. Implementation: In Yangon and Mandalay, birth certificates = are=20 issued to children born at the hospitals operated by the Government; the = Township Health Centres issue certificates to those born in the wards. = In other=20 cities and towns, health centres and, in some places, a health assistant = issues=20 the certificates. In other words, a birth certificate is issued as soon = as the=20 child is born and it is classified as a citizen, associate citizen, = naturalized=20 citizen or foreigner according to the existing law. The Department of=20 Immigration and Manpower issues the respective registration cards when = the child=20 attains 10 years of age.=20

59. Constraints: Birth/death registration can be implemented = only in=20 153 townships up to 31 March 1994. Thus, affidavits are used as birth=20 certificates for people in remote areas. Plans for registration of = births and=20 deaths are being adopted, with the collaboration of UNICEF.=20


B. Preservation of national identity (art.=20 8)

60. Legal context:=20

(a) According to section 70 of the Myanmar Citizenship Act, a child = has the=20 right to a name, identity and nationality under the existing laws of = Myanmar. An=20 appeal can be submitted to the Cabinet, the highest authoritative body, = if there=20 is a hindrance in applying for citizenship;=20

(b) Section 10 of the Child Law states that every child shall have = the right=20 to citizenship in accordance with the provisions of the existing law.=20

61. Freedom of expression: Section 5 (A) of the Child Law = states that=20 every child has the right to freedom of speech and expression in = accordance with=20 the law.=20


C. Access to appropriate information (art.=20 17)

62. Legal context:=20

(a) Section 22 (a) of the Child Law states that every child shall = have the=20 right to access to literature, which will contribute to his or her = all-round=20 development and to acquire knowledge;=20

(b) Section 22 (b) of the Child Law states that the Ministry of = Information=20 shall:=20

(i) Produce and disseminate books for children;=20

(ii) Encourage the production and dissemination of children's books = by=20 non-governmental organizations and private publishers;=20

(iii) Collect and maintain children's books at the libraries = established by=20 the Department of Information and Public Relations by special = arrangement;=20

(iv) Educate and disseminate by mass media to ensure that children = and their=20 parents or guardians are made familiar with the rights and morals of the = child=20 and that children have access to national and international news and = information=20 concerning them.=20

63. Implementation:=20

(a) The Department of Information and Public Relations has = established free=20 libraries for children in various townships as well as libraries in = schools.=20 Thus, children have easy access to books that are helpful for their = development.=20 Television Myanmar and Radio Myanmar have special programmes weekly for=20 children. Special quiz programmes for children under 16 are also held. = The=20 Ministry of Information is mainly responsible for publishing children's=20 literature. Books published jointly by the Government and the private = sector and=20 by the private sector alone are also available. To promote their = language=20 ability and enhance the knowledge of the children of Myanmar, the = periodicals=20 Shwe Thway and Aurora are published in both English and = Myanmar.=20 Apart from Teza, there are other publications from the private = sector.=20 The National Literature Award and the Sar-Pay-Beik-Man Literature = Awards, which=20 are awarded annually, include awards for children's literature;=20

(b) To promote the quality of teachers and students, educational = journals=20 such as monthly issues of Pyinnya-tazaung are distributed free to = all=20 primary schools. Quarterly issues of Pyinnya-Lokka are = distributed and=20 sold to schools. Books to enhance nationalistic spirit and research are = also=20 distributed. Reference books for primary students are imported from = abroad by=20 special arrangements and distributed to schools. The Department of Basic = Education, in collaboration with UNICEF, has included some of the facts = from=20 "Facts of Life" in the curriculum for primary level and developed a = teacher's=20 guide for primary level. This teacher's guide has been tested at some = primary=20 schools and also is going to be expanded at the schools which are = practising=20 continuous assessment programmes.=20

64. Constraints: Distribution of children's literature is not=20 sufficient as the Government is the only publisher and distributor. = Publishing=20 by the private sector remains weak as there can be a loss in investment. = Children in remote areas have difficulty in obtaining books as the = number of=20 books reaching these areas is small. The expense of publishing books by = the=20 private sector is high as paper is expensive. Because of the high cost = of books,=20 children cannot afford to buy them. Although Television Myanmar relay = stations=20 have been established in border areas, television sets are not generally = available in all houses.=20


D. Freedom of thought, belief and religion = (art.=20 14)

65. Legal context: Section 15 (b) of the Child Law states that = every=20 child has the right to freedom of thought and conscience and to freely = profess=20 any religion.=20

66. Implementation: Different races residing in Myanmar have = the=20 freedom to profess any religion of their choice. Among the population 89 = per=20 cent are Buddhists, 5.2 per cent are Christians, 3.8 per cent are = Muslims, 0.5=20 per cent are Hindus and 1.5 per cent are believers of other faiths. The = State=20 renders assistance to Muslims on their pilgrimages to Mecca. It also = assists=20 Christians who go abroad for religious purposes. The State has declared = special=20 days of religious significance of denominations as official holidays.=20


E. Freedom of association and peaceful = assembly (art.=20 15)

67. Legal context: Section 15 (c) of the Child Law states that = every=20 child has the right to participate in organizations relating to the = child,=20 social organizations or religious organizations permitted under the law. =

68. Implementation:=20

(a) Registration of social organizations and religious organizations = are=20 permitted in Myanmar. The child has the right to join these associations = of his=20 own free will;=20

(b) Offices of the Union Solidarity and Development Association are=20 established all over the country with the aim of all-round development = and for=20 the moral development of the children. The children can of their = volition join=20 the Red Cross societies;=20

(c) Sporting activities are regarded as a national task in Myanmar. = Thus,=20 students actively participate in the National Sports Festivals, = Students'=20 Festivals, and sports activities on a nation-wide scale. Students can = play=20 different roles entrusted to them in sports activities promoted by the = State.=20


F. Protection of privacy (art. 16) =

69. Legal context: Section 16 (a) of the Child Law states that = in=20 order that every child shall not be subjected to arbitrary infringement = of his=20 good name, personal freedom and security, relevant government = departments and=20 organizations shall provide protection and care in accordance with law.=20

70. Implementation: The children of Myanmar grow up normally = devoid of=20 mental disturbances within the family in accord with Myanmar traditions = and=20 customs.=20


G. The right not to be subjected to torture = or other=20 cruel, inhuman and degrading treatment or punishment (art. 37 = (a))

71. Legal context:=20

(a) Section 27 (a) and (c) of the Child Law Prohibit the police = officer or an=20 authority from handcuffing, tying with a rope, maltreating and making = threats=20 when arresting a child accused of having committed an offence;=20

(b) Section 45 states that notwithstanding anything contained in any = existing=20 law, a death sentence, transportation for life or a sentence of whipping = shall=20 not be passed on any child;=20

(c) Section 71 of the Child Law states that notwithstanding anything=20 contained in any existing law;=20

(i) A sentence of death or transportation for life shall not be = passed on a=20 youth;=20

(ii) If a sentence of imprisonment is passed on a youth, the maximum = term of=20 imprisonment shall not exceed 10 years;=20

(d) Section 66 (d) of the Child Law prohibit the wilful maltreating = of a=20 child, excluding admonitions, by a parent, teacher or guardian for the = benefit=20 of the child. Any person who commits the above offence shall, on = conviction, be=20 punished with imprisonment for a term which may extend to two years or = with a=20 fine amounting to K10,000 or both.=20

72. Implementation:=20

(a) In accordance with the law, the police officer or an authority is = not=20 permitted to handcuff the child or tie with a rope when taking him to = juvenile=20 court. The child who is accused of committing an offence is put in the = custody=20 of the Department of Social Welfare protection centre while he is on = trial;=20

(b) Excessive punishment in the form of brutal beating is never = allowed in=20 the community, according to Myanmar custom. Only parental-like = counselling and=20 treatment is tolerated. A person who maltreats a child will be punished=20 according to section 66 (d) of the Child Law;=20

(c) In taking care of convicted children and other children who = require=20 protection for various reasons, the State permits the social welfare = methods of=20 guidance and counselling. Torture is prohibited. Vocational education, = formal=20 education and a curriculum in social pursuits are offered to these = children to=20 enhance their future lot.=20


VI. FAMILY ENVIRONMENT AND ALTERNATIVE = CARE


A. Parental responsibilities (art. = 18)

73. Legal context:=20

(a) Section 30 of the Child Law states that every child shall abide = by the=20 following ethics and discipline:=20

(i) Upholding and abiding by the law;=20

(ii) Obeying the advice and instructions of parents or guardian;=20

(iii) Pursuing education peacefully in conformity with the guidance = of=20 teachers;=20

(iv) Abiding by school discipline, work discipline and community = discipline;=20

(v) Cherishing and preserving the race, language, religion, culture, = customs=20 and traditions;=20

(vi) Abstaining from taking alcohol, smoking, using narcotic drugs or = psychotropic substances, gambling and other acts which tend to affect = the moral=20 character of the child;=20

(b) Section 11 (a) states that the maintenance, custody and care of = children,=20 and cultivating and promoting the all-round physical intellectual and = moral=20 development of the child, shall be the primary responsibility of the = parents or=20 guardian;=20

(c) Lord Buddha gave moral advice to the expectant mothers on the = survival=20 and development of the child: "The mother must take great care of her=20 sustenance, her mental attitude, and her way of life. The foetus in the = mother's=20 womb is intellectually developed within the first five months of = conception and=20 begins receiving the sensations. The mothers must comprehend this fact = and avoid=20 eating hot food, consuming food that is neither too hot nor too cold. = The mother=20 must try her best to be physically and mentally healthy and must = cultivate an=20 affectionate behaviour and a good philosophy of life".=20

74. Implementation:=20

(a) A birth-spacing project is implemented by the Government to = promote the=20 health of mothers and children. Township health centres and Township = Myanmar=20 Maternal and Child Welfare Associations are carrying out the activities = under=20 the guidance of State and division Departments of Health. Training = courses are=20 held and teachers guides for trainees are distributed. Training courses = on=20 birth-spacing have been conducted in 12 States and divisions;=20

(b) Township Myanmar Maternal and Child Welfare Associations, with = the=20 cooperation of Township Health Centres, provide medical treatment, = educate=20 mothers about nutrition and supply nutritious food to malnourished = children in=20 their townships. Measures are taken to encourage mothers to cooperate in = the=20 immunization programme. Information about the advantages of = breast-feeding is=20 disseminated to mothers and prizes are awarded to mothers for systematic = breast-feeding;=20

(c) Training courses are held by Myanmar Maternal and Child Welfare=20 Associations to promote income-generating programmes for women such as = livestock=20 breeding and domestic enterprises;=20

(d) Training for child-carers are held by the Department of Social = Welfare in=20 States and divisions to promote the all-round development of children. = Plans=20 have also been adopted for the expansion of systematic study of = traditional=20 child-rearing practices;=20

(e) Classes in supervision of children are held to coordinate the = activities=20 of parents, guardians, community elders and organizations in caring for = children=20 who need protection due to various circumstances, for children who = commit=20 offences, and for children in normal situations;=20

(f) Parent-teacher associations are formed annually in all the basic=20 education schools with the aim of promoting the development of students = and the=20 schools. To improve the quality of teaching activities in the schools, = the=20 school receives aid and support from the parents. Public involvement is = quite=20 high in educational developmental activities in Myanmar. Aid and support = from=20 the public for the needs of the schools are given through parent-teacher = associations;=20

(g) The Department of Health, with the collaboration of UNICEF, has = published=20 a Myanmar translation of the book "Facts of Life". The Young Men's = Buddhist=20 Association holds contests about the book and awards prizes every year. = Extracts=20 from the book have been compiled in a teachers guide for use at basic = primary=20 schools.=20


B. Separation from parents (art. = 9)

75. Legal context:=20

(a) Section 12 of the Child Law states that every child shall have:=20

(i) The right to live with and be brought up by both parents or any = one=20 parent if alive;=20

(ii) The right not to be separated forcibly from his or her parents = except in=20 a case where under law separation is necessary in the best interests of = the=20 child;=20

(iii) The right to maintain contact on a regular basis with parents = lawfully=20 separated, provided it is not prejudicial to the interests of the child; =

(b) The Guardians and Wards Act has been enacted with regard to the=20 guardianship of the child himself and his property. Guardianship can be=20 petitioned from the court for a child who has not come of age and for a = child of=20 divorced parents. Guardianship is decided by the court taking into = account the=20 best interests of the child. The court also makes the decision = concerning=20 regular meetings with the child by the parent who has lost custody of = the child;=20

(c) Section 53 (a) of the Child Law states that the child of a female = prisoner is allowed to stay together with its mother in prison until the = age of=20 four years if there is no one outside the prison to take custody and = care of the=20 child or if the child's mother so desires. Additionally, section 53 (b) = states=20 that if the mother desires, the child will be given permission to stay = with its=20 mother until he attains the age of six years.=20

76. Implementation:=20

(a) The Department of Social Welfare investigates cases of children = requiring=20 protection by reviewing the situation relating to the child, the = parents, and=20 the environment. If the child does not need protection, he is returned = to the=20 custody of the parents, with or without a pledge or guarantee for the = child's=20 welfare. Protection and care are given by the State to children without = parental=20 guidance, incorrigible children and those needing medical care and moral = reformation;=20

(b) The situation in relation to the child, the family and the = environment is=20 taken into consideration in investigating children who are liable to = commit=20 offences. Of these children, only those who need moral reformation are = sent to=20 training schools, while others are admonished and returned to the = custody of=20 their parents;=20

(c) The Department of Social Welfare takes care of orphans, = incorrigible=20 children, destitute children, disabled children and children who have = committed=20 offences at the training schools. By promoting self-reliance, these = children are=20 taught to live with dignity in society and to stand on their own feet.=20


C. Family reunification (art. = 10)

77. Myanmar has neither problems of war refugees nor problems of = separation=20 of families caused by war.=20


D. Children deprived of a family environment = (art.=20 20)

78. Legal context: Section 32 of the Child Law states that a = child is=20 in need of protection and care who has no parents or guardians, who = earns his=20 living by begging, who is so depraved a character that he is = uncontrollable by=20 his parents or guardian, who is in the custody of cruel or wicked = parents or=20 guardians, who is of unsound mind, and who is afflicted with a = contagious=20 disease and who uses a narcotic drug or a psychotropic substance.=20

79. Implementation:=20

(a) Investigations of children in need of protection and care are = carried out=20 by the Department of Social Welfare and those who do not need protection = are=20 returned to their guardians. Children who are in need of the protection = are sent=20 to training schools for reform and some are sent to homes for = protection.=20 Medical treatment is given to those who need medical treatment;=20

(b) The Department of Social Welfare has established nine youth = training=20 schools for both sexes, and supports the 120 volunteer youth welfare = homes.=20 Voluntary night classes are set up for those children to enable them to = pursue=20 their education in the primary level.=20


E. Adoption (art. 21)

80. Legal context:=20

(a) Section 17 of the Child Law states that every child shall have = the right=20 to be adopted in accordance with law; that the adoption shall be in the=20 interests of the child; and that the adoptive parents shall be = responsible for=20 the care and custody of the child to ensure that there is no abduction = to a=20 foreign country, sale or trafficking, unlawful exploitation, unlawful=20 employment, maltreatment, or pernicious deeds and illegal acts;=20

(b) A couple are allowed to adopt a child in accordance with the = rules.=20 However, they must follow the regulations for adoption laid down by the=20 Department of Social Welfare. Some of the regulations are (a) the child = must=20 have the right to inheritance, (b) the parents must take the = responsibility of=20 their adopted child's good deeds as well as bad deeds; (c) parents must = not hand=20 over the child to another person; (d) parents must not sell the child or = give=20 him away temporarily, (e) parents must not take or send the child = abroad, not=20 even for a short period, without the consent of the Department of Social = Welfare=20 before the child attains 18 years of age;=20

(c) If the couple follow the regulations, the contract of adoption = takes=20 place. However, legal action will be taken if they fail to follow the=20 regulations and the child will be sent back to the custody of the = Department of=20 Social Welfare;=20

(d) After adoption, the parents can name their adopted child, but = they must=20 report the name, and also if there is a change of name, to the = Department of=20 Social Welfare. Progress reports on health, education status, etc. must = be sent=20 regularly to the Department of Social Welfare once a year. If the = adopted child=20 is a girl, the Department of Social Welfare must be informed of the = exact date=20 of her marriage. Legal action will be taken against those who do not = fulfil the=20 parental duties, and who fail to give care and protection to their = adopted=20 child.=20

81. Implementation:=20

(a) Measures are taken by the Department of Social Welfare for = adoption of=20 the children under their care in accordance with the Adoption Law. = People who=20 want to adopt a child have to apply to the Department of Social Welfare = stating=20 their reasons. The Department of Social Welfare reviews the application = and,=20 based on the findings, decides whether to give permission;=20

(b) The Department of Social Welfare has given permission for the = adoption of=20 54 children between the ages of newly born to five years under their = care during=20 the period 1989-1993 with the aim of the children receiving parental = love and=20 protection.=20


F. Illicit transfer and non-return of = children abroad=20 (art. 11)

82. Legal context:=20

(a) The Penal Code, section 361, states that taking or enticing any = minor=20 under 14 years of age in the case of a male, or under 16 years of age in = the=20 case of a female, or any person of unsound mind, from the charge of the = lawful=20 guardian without his or her consent is tantamount to kidnapping the = minor from=20 the lawful guardianship;=20

(b) Section 363 states that whoever kidnaps any person shall be = punished with=20 imprisonment for a term which may extend to 7 years, and shall also be = liable to=20 a fine;=20

(c) The Code of Criminal Procedure, section 552, states that upon = complaint=20 made under oath to a district magistrate of the abduction of a child = under the=20 age of 16 years, for any unlawful purpose, the district magistrate may, = after=20 such inquiry into the truth of the complaint as he may consider = necessary, make=20 an order for the immediate restoration of such child to his parent, = guardian or=20 other person having the lawful charge of such child, and may compel = compliance=20 with such order, using such force as may be necessary.=20

G. Abuse and neglect (art. 19), including physical and = psychological=20

recovery and social reintegration (art. 39)=20

83. Legal context:=20

(a) Section 65 of the Child Law states that whoever commits any of = the=20 following acts shall, on conviction, be punished with imprisonment for a = term=20 which may extend to six months or with a fine which may extend to K1,000 = or with=20 both:=20

(i) Employing or permitting a child to perform work which is = hazardous to the=20 life of the child, which may cause disease to the child or which is = harmful to=20 the child's moral character;=20

(ii) Taking a child to or allowing him to enter a place where only = alcohol is=20 sold; sending the child to buy alcohol; selling alcohol to the child; = permitting=20 the child to take alcohol; employing or permitting the child to work in = a=20 business which trades in alcohol;=20

(iii) Urging, inducing or abetting the child to gamble;=20

(iv) Accepting as pledge any property from a child or abetting a = child in any=20 manner to pledge property;=20

(v) Purchasing any property sold by a child, with the exception of = purchasing=20 property from a child who earns a livelihood by selling;=20

(vi) Inducing a child to escape from a training school, home, = temporary care=20 station or custodian; abetting the runaway; harbouring, concealing or = preventing=20 the child from going back to the place from which the child has escaped; =

(b) Section 66 of the Child Law states that whoever commits any of = the=20 following acts shall, on conviction, be punished with imprisonment for a = term=20 which may extend to two years or with a fine which may extend to K10,000 = or with=20 both:=20

(i) Failing to take action knowing that a girl under his guardianship = who has=20 not attained the age of 16 is earning a livelihood by prostitution;=20

(ii) Permitting a child under his guardianship to live together or to = consort=20 with a person who earns a livelihood by prostitution;=20

(iii) Employing a child to beg for his personal benefit; failing to = prevent a=20 child under his guardianship from begging; making use of the child in = any manner=20 in his livelihood of begging;=20

(iv) Wilfully maltreating a child (with the exception of admonition = by a=20 parent, teacher or a person having the right to control the child, meant = for the=20 benefit of the child);=20

(v) Inserting and announcing information revealing the identity of a = child=20 who is accused of having committed an offence or who is participating as = a=20 witness in any case, in the radio, movies, television, newspapers, = magazines,=20 journals or publications and displaying or making use of the photograph = of the=20 child without the prior consent of the relevant juvenile court;=20

(vi) Using the child in pornographic cinema, video, television or=20 photography.=20

84. Implementation:=20

(a) In line with the Child Law, adults who commit any acts that = hinder,=20 disturb or destroy the benefits of a child are punished with = imprisonment for a=20 term or with a fine or with both;=20

(b) Appropriate rehabilitation measures are being taken to protect = children=20 from all forms of physical or mental violence, injury or abuse, neglect = or=20 negligent treatment, maltreatment or exploitation. These children are=20 systematically admitted to appropriate schools where academic as well as = vocational training and supplementary care are given to them according = to=20 rehabilitation scheme. During their stay depending on their age and = intelligence=20 level, relevant programmes which promote self-reliance and facilitate = the=20 child's active participation with the community are taught.=20


H. Periodic review of placement (art. = 25)

85. Legal context:=20

(a) Section 33 (a) of the Child Law states that whoever is of the = opinion=20 that any child mentioned in section 32 should be protected and cared for = by the=20 State may inform the relevant Social Welfare Officer stating the facts = of the=20 case. The Social Welfare Officer shall, on receipt of the complaint, or = if he=20 has personally received information in any manner, make investigations = in the=20 manner prescribed to determine whether or not the child needs the = protection and=20 care of the State and submit his findings together with his opinion to = the=20 Director-General. During the investigation, the Social Welfare Office = has to=20 entrust the child to the parents or guardian on execution of a bond or = send the=20 child to a temporary care station, before receiving the decision of the=20 Director-General. If the Director-General finds on scrutiny that the = child needs=20 the protection and care of the State according to the report submitted = by the=20 Social Welfare Officer, he will send the child to a training school or = entrust=20 the child to a home or to a custodian or cause the child to be = supervised by a=20 probation officer or send the child to the relevant hospital for medical = treatment;=20

(b) According to section 37 of the Child Law, a police officer or a = person=20 authorized to take cognizance must send the child to the relevant = juvenile court=20 as soon as possible. If the child cannot be sent as soon as possible to = the=20 juvenile court, the child may be released on execution of a bond or may = be sent=20 to a temporary care station or to another appropriate place;=20

(c) The Juvenile Court shall, before passing an order on a child who = is found=20 guilty, take into consideration the age and character of the child, the=20 environmental circumstances of the child, the motive for committing the = offence,=20 the report submitted by the probation officer and other circumstances = which are=20 required to be taken into consideration in the interests of the child, = and pass=20 an order which is reformative and which will be beneficial to the child; =

(d) Children who are separated from their families and who need = protection=20 and care by the State are admitted to training schools operated by the=20 Government or non-governmental voluntary organizations, and if there is=20 improvement in the moral character of children within a year, they are = sent back=20 to the custody of the parents or guardians concerned with or without a = bond;=20

(e) The Director-General of the Department of Social Welfare may = exercise his=20 power to inspect or cause to be inspected by a suitable person or any = committee,=20 training schools and temporary care stations established or recognized = under the=20 Child Law;=20

(f) According to section 59 of the Child Law, the Minister of Social = Welfare,=20 Relief and Resettlement may:=20

(i) Pass an order at any time to release, either absolutely or = subject to=20 conditions, a child committed to the custody of a training school or a = custodian=20 under the Child Law;=20

(ii) Pass an order to transfer a child undergoing imprisonment to a = training=20 school or to a custodian till the day he attains the age of 18 years, if = it is=20 considered beneficial for the child;=20

(iii) Pass an order so that the remainder of the term of imprisonment = of a=20 child who has been transferred under subsection (b) and who is behaving = well,=20 shall not have effect;=20

(iv) Cause to have effect the remainder of the term of imprisonment = of a=20 child who has been transferred under subsection (b) and who does not = behave=20 well. In so doing, the period of stay of the child at the training = school or=20 with the custodian, shall be reckoned as the term of imprisonment = undergone.=20


VII. BASIC HEALTH AND WELFARE


A. Survival and development (art. 6, para.=20 2)

86. Legal context:=20

(a) Section 9 (a) of the Child Law states that every child has the = inherent=20 right to life. The Penal Code, sections 312 to 318, prescribes = punishments for=20 causing miscarriage, sterilization of a woman by surgery, sterilization = of a man=20 by surgery, allowing oneself to be sterilized by surgery, death caused = by=20 sterilization by surgery, causing miscarriage without a woman's consent, = death=20 caused by an act done with intent to cause miscarriage, an act done with = intent=20 to prevent a child being born alive, causing the death of an unborn = child by=20 committing an act likely to cause the death of a pregnant woman, = exposure and=20 abandonment of a child under 12 years by a parent or person having the = care of=20 it, and concealment of birth by secret disposal of the dead body;=20

(b) Relating to the responsibilities of the Ministry of Health, = section 19=20 (a) of the Child Law states that every child has the right to enjoy = health=20 facilities provided by the State and section 19 (b) states that the = Ministry of=20 Health shall: (a) lay down the carry out measures for the survival of = the child,=20 immunization of the child, breast-feeding of the child, family planning, = adequate nutrition for the child, elimination of iodine deficiency = disease,=20 school health and family health; (b) lay down and carry out appropriate = measures=20 for the gradual abolition of traditional practices prejudicial to the = health of=20 the child; (c) carry out measures to minimize the child mortality rate = and to=20 maximize the population of healthy children.=20

87. Implementation: Committees to combat and prevent AIDS, = malaria and=20 tuberculosis have been established under the umbrella of the National = Health=20 Committee. In addition, the State Law and Order Restoration Council = issued a=20 directive in 1993 to law and order restoration councils at different = levels to=20 give support to the activities of non-governmental organizations such as = the=20 Myanmar Maternal and Child Welfare Association, the Myanmar Medical = Association,=20 the Myanmar Red Cross Association, etc.=20


B. Disabled children (art. 23)

88. Legal context:=20

(a) As mentioned in section 18 of the Child Law, a mentally or = physically=20 disabled child shall enjoy basic education (primary level) or vocational = education in special schools run by the Department of Social Welfare or = private=20 individuals or non-governmental organizations; he should have the right = to enjoy=20 special care and assistance provided by the Government; should enjoy a = full and=20 decent life in conditions which ensure dignity, promote self-reliance = and=20 facilitate the child's active participation in the community;=20

(b) As mentioned in Disabled Person Employment Act 4 (3) enacted in = 1958, the=20 President can form a new department or organization to provide = vocational=20 education and medical care to those who are physically disabled or = mentally=20 defective;=20

(c) According to section 32 (c) of the Child Law, mentally defective = children=20 are regarded as children who need protection and care. Thus, section 34 = (d) of=20 the Child Law states that the Director-General of the Department of = Social=20 Welfare has the right to send mentally defective children to a mental = hospital=20 for treatment.=20

89. Implementation:=20

(a) According to the rehabilitation programmes for blind, disabled = and deaf=20 people, the Department of Social Welfare provides them with academic and = vocational education as well as supplementary care. The Ministry of = Health is=20 responsible for curing and rehabilitation services. The rehabilitation = centre=20 (hospital) in Yangon was converted into a main rehabilitation centre = where=20 disabled children receive priority for medical care. To make education=20 accessible for disabled children, the Department of Social Welfare = established=20 one special school each for mentally retarded children, for the blind = and for=20 the deaf and dumb. In addition to these, non-governmental volunteer=20 organizations organized three schools for the blind and one school for = the deaf=20 and dumb on a self-reliance basis;=20

(b) Myanmar was represented at the meeting to launch the Asian and = Pacific=20 Decade of Disabled Persons held in Beijing from 1 to 5 December 1992. = Myanmar=20 also signed the Proclamation on the Full Participation and Equality of = People=20 with Disabilities in the Asian and Pacific Region on 10 February 1993.=20

90. Constraints: The cooperation of Departments concerned is = essential=20 in order that disabled children will be able to attend school like = normal=20 children. However, due to a lack of special training on the part of the = teaching=20 staff in handling disabled children, these children have to face many = problems=20 and difficulties in attending school with normal children.=20


C. Health and health services (art. = 24)

91. Legal context:=20

(a) To promote health conditions of all people, including children, = the Union=20 of Myanmar Public Health Law was enacted in 1972 and the Drugs Law was = enacted=20 in 1993. The Public Health Law covers activities relating to = environmental=20 sanitation, protection of household goods and consumer goods, running of = private=20 clinics, etc. The Drugs Law was laid down with a view to enforce people = to=20 utilize drugs, pure and good in quality, free from danger, and superior = in=20 effectiveness. The law also states the detailed functions of the Food = and Drug=20 Control Committee which was established with the aim to provide food, = pure and=20 good in quality and free from danger;=20

(b) In the Union of Myanmar, according to section 21 of the Nursing = and=20 Midwifery Law, a person without a proper licence is not allowed to give = nursing=20 or maternity services. This law enforces and supports safe and secure=20 childbirth. Section 15 (f) states that child-birth licence holders = should=20 provide full and utmost care and attention for the health of the child = and the=20 mother which is essential for the health of children;=20

(c) In order that non-governmental organizations can engage in = maternal and=20 child-care activities on a non-profit basis, the Union of Myanmar = Maternal and=20 Child Welfare Law was enacted in 1990. In line with that law, maternal = and child=20 welfare associations that are organized at different levels from = national to=20 village levels, provide health care to mother, child and families all = over the=20 country;=20

(d) Children who are afflicted with a contagious disease are regarded = as=20 children who need protection and care according to section 32 (b) of the = Child=20 Law. According to section 34 (c) of the Child Law the Director-General = of the=20 Social Welfare Department shall lay down and carry out necessary = arrangements if=20 he finds on scrutiny that the child needs the protection and care of the = State=20 according to the report submitted by the Social Welfare Officer; in the = case of=20 a child who is afflicted with a contagious disease, sending the child to = the=20 relevant hospital for medical treatment;=20

(e) Section 19 of the Child Law states that every child has the right = to=20 enjoy health facilities provided by the State. It also states that the = Ministry=20 of Health shall lay down and carry out measures for the survival of the = child,=20 immunization of child, breast-feeding of a child, family planing, = adequate=20 nutrition for the child, elimination of iodine deficiency disease, = school health=20 and family health, gradual abolition of traditional practices = prejudicial to the=20 health of the child, minimization of the child mortality rate and = maximization=20 of the population of healthy children.=20

Health goals for children and women=20

92. Legal context: In the Union of Myanmar, national plans of = action=20 relating to the survival, protection and development of children had = been laid=20 down. They are:=20

(a) Reducing the infant mortality rate from 94 to 50 per 1,000 live = births by=20 the year 2000;=20

(b) Reducing the under-five mortality rate from 147 to 70 per 1,000 = live=20 births by the year 2000;=20

(c) Reducing the maternal mortality rate from 147 to 70 per 100,000 = live=20 births by the year 2000;=20

(d) Eradicating polio by the year 2000;=20

(e) Eliminating non-metal tetanus by 1995;=20

(f) Achieving a 90 per cent Expanded Programme of Immunization (EPI) = coverage=20 rate against the six childhood diseases;=20

(g) Providing universal access to information and services in = relation to=20 birth spacing to 60 per cent of the specified population by the year = 1995;=20

(h) Reducing the rate of severe malnutrition among children under = three from=20 11 per cent to 5 per cent by the year 2000;=20

(i) Reducing the rate of severe and moderate malnutrition among = children=20 under three from 37 per cent to 19 per cent by the year 2000;=20

(j) Reducing the rate of low birth weight from 24 per cent to 10 per = cent by=20 the year 2000.=20

93. Implementation:=20

(a) Since 1948 when Myanmar regained her independence, the Ministry = of Health=20 has taken responsible measures for child care and maternal health. = Primary=20 health care was provided as People's Health Programme-I (1978-1982), = People's=20 Health Programme-II (1982-1986), People's Health Programme-III = (1986-1990) and=20 National Health Programme (1990-1992) since 1978. Family health and care = was=20 included in the National Health Programme and in that programme = necessary=20 measures are taken to reduce children's diseases and the mortality rate = of=20 children;=20

(b) In 1993 the National Health Policy and the national policy on = population=20 (draft), in which two important policies on maternal and child health = were=20 included, were promulgated. They are:=20

(i) To raise the national health standard and to promote people's = physical=20 and mental well-being in line with the motto "Health for all by the year = 2000"=20 by providing primary health care;=20

(ii) To follow the guidelines relating to the national policy on = population.=20

(c) All families have to participate in the birth spacing programme = according=20 to the guidelines relating to the national policy on population. That = policy was=20 put into practice by the Maternal and Child Care Health Centres, = Maternal and=20 Child Welfare Associations and school health centres in both big and = small=20 towns. In rural areas, rural health centres and related rural health = sub-centres=20 are taking the necessary steps to put that policy into practice;=20

(d) As related to child care and health, a child hospital was = established in=20 Yangon. In state and divisional-level hospitals, special branches for = children's=20 health were extended. Township-level hospitals are also taking care of=20 children's health. While maternal and child health centres and maternal = and=20 child care associations are taking responsible actions for children's = health in=20 urban areas, rural health centres and related rural health sub-centres = are=20 taking necessary measures for children's health in rural areas;=20

(e) Based on the workforce of health workers, viz. health assistants, = nurses,=20 midwives, people's health supervisors and volunteer health workers, the=20 following actions are taken to raise the level of children's health:=20

(i) Child Survival Programme, including primary health-care = provisions for=20 the survival, protection and development of children;=20

(ii) EPI against the six childhood diseases (tuberculosis, = diphtheria,=20 whooping cough, tetanus, poliomyelitis, measles) that usually occur in = children=20 under one year of age;=20

(iii) Programme for breast-feeding of all children;=20

(iv) Programme for birth spacing and maternal and child health;=20

(v) School health activities for children of school age;=20

(vi) Activities relating to the reduction of iron deficiency anaemia; =

(vii) Birth-spacing programme in line with the guidelines of the = national=20 policy on population to promote child and maternal health;=20

(viii) Dissemination of information on health to mothers by health = workers;=20

(ix) Establishment of rehabilitation centres for the provision of = basic=20 exercises for disabled children;=20

(x) Conducting sports activities and competitions for the disabled, = including=20 disabled children, by the Department of Sports and Physical Education;=20

(xi) Measures by the environmental sanitation section of the = Department of=20 Health to obtain safe drinking water;=20

(xii) Increased measures to prevent accidental injuries to children.=20

(f) The Myanmar Medical Association (MMA) is carrying out the = following=20 activities for children:=20

(i) Conducting the Paediatrics Part I examination every two years;=20

(ii) In yearly Training of Trainers, information on acute respiratory = infection (ARI), control of diarrhoeal disease (CDD), hepatitis, = universal child=20 immunization (UCI), nutrition, dengue haemorrhagic fever (DHF), = HIV/AIDS, etc.,=20 relating to child health are included so that this knowledge can be=20 re-disseminated at refresher courses at state/divisional or township = levels;=20

(iii) Mobile training unit conducts training on child health;=20

(iv) Regular seminars on medical education are conducted every year = and a=20 conference on child health is conducted every two years by the MMA;=20

(v) Dissemination of health knowledge is done through various = programmes.=20 Matters of prevention and care of common diseases are printed on the=20 annually-produced calendars, pamphlets, brochures, T-shirts, posters, = lectures=20 and discussions are extensively used, followed by TV programmes on = health=20 education for the masses;=20

(vi) A paediatrics textbook was prepared for use in medical colleges = and=20 distributed at a low price to medical students. The Paediatrics = Bulletin=20 and New Look Medical Memo for medical doctors are also = distributed=20 regularly;=20

(vii) Necessary help and assistance are provided to national = health-care=20 programmes and activities including UCI, ARI, CDD, family planning,=20 baby-friendly hospital initiative, AIDS, nutrition, etc.;=20

(viii) Nationwide participation in the 1990 UCI programme, jointly = sponsored=20 by the Department of Health and UNICEF;=20

(ix) Important research related to the implementation of health = programmes is=20 conducted resulting in the presentation of research papers of world = standard.=20 Dr. U San Baw's prize of K 5,000 to the most outstanding researcher is = awarded=20 yearly;=20

(x) In honour of World Breast-feeding Day, lectures, discussions and=20 workshops were conducted. The baby-friendly hospital initiative was = successfully=20 carried out and necessary preparations are being made to introduce = baby-friendly=20 hospital initiative activities in clinics all over the country;=20

(xi) Representatives from MMA are cooperating with the National = Health=20 Committee, the National Committee for the Prevention of AIDS, the = National=20 Malaria Protection Committee and the National Committee for the = Protection of=20 Children's Rights in various activities relating to children's health.=20

Provision of safe drinking-water and sanitation=20

94. Since 1978 attempts have been made to provide safe drinking-water = at=20 hospitals, clinics and schools in rural areas, covering 255 hospitals, = 278 rural=20 health centres and 802 primary schools. Up to 1993, in urban areas, = provision of=20 safe drinking-water covers up to 38 per cent of people and provision of = access=20 to safe means of human excreta disposal covers up to 44 per cent, while = in rural=20 areas, provision of safe drinking-water covers up to 36 per cent and = provision=20 of access to safe means of human excreta disposal covers up to 39 per = cent.=20 Special efforts are made to provide safe drinking-water and sanitation = to meet=20 the target by the year 2000. As the Ministry of Agriculture and the = Department=20 of Mechanized Farming are taking necessary measures to provide water in = rural=20 areas, since 1989, 2,240 machine-driven tube wells, 9,538 hand-driven = tube=20 wells, 17 community water-supply systems, 8,250 hand pumps, 14 solar = energy used=20 water pumping machines have been provided.=20


D. Social security and child care (art.=20 26)

95. Legal context:=20

(a) For those employees who are entitled according to the Myanmar = Social=20 Security Act, provisions are made to enjoy benefits for illness, = childbirth,=20 injury or accident in the workplace, and death. There is no social = security law=20 for children;=20

(b) Section 50 of the Factories, Mills and Work Establishments Law = states=20 that in a workplace where more than 50 women are assigned, a suitable = room or a=20 special room must be provided for children under five of the women = employees. It=20 also states that the room must be well equipped and clean and it must be = put=20 under the supervision of qualified women who can take care of the = children;=20

(c) Section 57 of the Child Law states that the Director-General of = the=20 Department of Social Welfare may establish local residential nurseries = for the=20 nursing and care of children who have not attained the age of five = years;=20

(d) There are many-primary schools and day-care centres established = by the=20 Government and by the community on a self-help system. According to = section 58=20 of the Child Law, the Director-General of the Department of Social = Welfare=20 exercises his power to supervise, inspect, give guidance, render = expertise and=20 give support as may be necessary.=20

96. Implementation: To take care of children of school age, = health=20 organizations are taking necessary measures in school health inspection, = the=20 provision of nutritious food to children, and the dissemination of = health=20 knowledge and education. In order to look after or to take care of = children with=20 nutrition deficiency, children with moderate malnutrition are taken care = of at=20 public nutrition development centres while those with severe = malnutrition are=20 taken care of at the nutrition centres in the hospitals with the help of = the=20 Myanmar Maternal and Child Welfare Association.=20

97. Constraints: The Government is allocating more and more = funds year=20 after year for health matters. But the budget is not adequate to cover = the=20 health needs of the growing population. Even though there is community=20 participation in carrying out people's health matters, increased = participation=20 is further needed on the part of the community. In the same way, the = cooperation=20 of different ministries and departments is also needed in order to carry = out=20 people's health matters successfully and extensively. In addition = adequate and=20 reliable facts, information and data relating to health matters are = greatly=20 needed.=20


VIII. EDUCATION, LEISURE, RECREATION AND = CULTURAL=20 ACTIVITIES


A. Education, Vocational Education and = Guidance (art.=20 28)

98. Legal context:=20

(a) The State Law and Order Restoration Council enacted the Child Law = (Law=20 No. 9/93) on 14 July 1993. Section 20 (a) of the Child Law states that = every=20 child shall: (a) have opportunities of acquiring education; (b) have the = right=20 to acquire free basic education (primary level) at schools opened by the = State.=20 Section 20 (b) of the Child Law states that the Ministry of Education = shall: (a)=20 have an objective of implementing the system of free and compulsory = primary=20 education; (b) lay down and carry out measures as may be necessary for = regular=20 attendance at schools and the reduction of untimely drop-out rates; (c) = make=20 arrangements for literacy of children who are unable for various reasons = to=20 attend schools opened by the State;=20

(b) According to the 1973 Union of Myanmar Basic Education Law, one = of the=20 main objectives of basic education is to enable every citizen of the = Union of=20 Myanmar to become a physical and mental worker well equipped with basic=20 education, good health and moral character;=20

(c) In the national plan of the Union of Myanmar for the survival and = protection of children, it is mentioned that universal access to basic = education=20 will be ensured by increasing the net primary school enrolment ratio = from 62 per=20 cent to 100 per cent, and the completion rate for basic education will = be=20 increased from the present 25 per cent to 80 per cent by the year 2000;=20

(d) According to 1974 Union of Myanmar Technical, Agricultural and = Vocational=20 Education Law, with reference to the functions and duties of the = Technical,=20 Agricultural and Vocational Education Council, a provision is made for = those who=20 cannot continue basic education because of various reasons to receive = vocational=20 education by recommending them to the Ministry of Education.=20

99. Implementation:=20

(a) To ensure universal access to basic education for all children of = school=20 age, more and more schools are opened all over the country. On average, = there is=20 one school for every two villages. The number of schools opened varies = from=20 place to place depending on the density of population and location of = villages.=20 In Yangon Division and Mon State, where population is more dense, every = village=20 has one school each. In Shan State, where population is thin and = villages are=20 scattered, on average, one school is opened for every four villages. In = remote,=20 rural and border areas more and more schools are opened. Especially in = those=20 border areas where the need of opening more schools is acute, schools = are opened=20 for the development of border areas and national races;=20

(b) To provide education accessible to all and for all-round = development of=20 children who are living in border and remote areas, the University of = National=20 Races, which is in Ywathitgyi, Sagaing Division, has been training = teachers=20 since 1964. Teachers who are working in special border and remote areas = such as=20 Kachin North, Kokant, Wa, Kyaington (East) and Mawpha are enjoying twice = the=20 amount of their normal salary. For the development of border areas and = national=20 races, in cooperation with the Social Welfare Department, the Home = Industries=20 Department and the Cooperative Department in some places and in = cooperation with=20 the defence services organizations in some places, short-term vocational = training is given in such fields as sewing, cooking, knitting, = carpentry,=20 hairdressing and masonry. In addition to that, a mobile teaching unit is = conducting vocational education training courses in Yangon, Bago and = Tanintharyi=20 Divisions, and Kachin, Mon and Shan States;=20

(c) To train physically, mentally and all-round developed children = for the=20 State, extracurricular activities are carried out in primary and middle = schools.=20 Training in arts and physical fitness is given to children. = Pre-vocational=20 subjects have been introduced in 120 basic schools. The vocational = education=20 channel is open in technical, agricultural and vocational schools for = those who=20 cannot continue basic education for various reasons. For those who = complete=20 middle school, an opportunity is given to receive vocational education = in=20 technical high schools, agricultural high schools and in other = vocational=20 training schools such as schools of domestic science, handicrafts, = machinery=20 repair and maintenance, commercial subjects and fishery. In addition, = short=20 training courses in sewing, cooking, knitting and embroidery are = arranged for=20 women and carpentry, masonry and hairdressing are conducted for men;=20

(d) Talks on the dangers of narcotic drugs are conducted in schools = to=20 protect children from the danger of narcotic drugs. Competitions on the = creation=20 of educative posters and cartoons are held and winners are honoured. = Talks on=20 preventive measures relating to the use of narcotic drugs and AIDS are = also=20 arranged. Physical fitness and sports competitions are held for = schoolchildren=20 while physical instructor training courses are given for teachers;=20

(e) There is an increase in the rate of school attendance of primary = school=20 children from five to nine years of age, from 62 per cent in 1990 to 75 = per cent=20 in 1992/93. The total number of students attending basic schools is = nearly 7.4=20 million of whom nearly 6 million (80 per cent) are in the primary = section. Out=20 of 7.4 million student population, 3.6 million are female; the = Government=20 provides equal basic educational opportunity for boys and girls;=20

(f) From 1982/83 to 1992/93, more than 40 per cent of basic education = schools=20 were opened which directly increased the student population to 26 per = cent. In=20 order to make the student-teacher ratio equitable, more teachers were = appointed=20 during that period. To increase access to education, the Government is=20 increasing its momentum in the opening of new schools and appointment of = more=20 teachers. Since the State Law and Order Restoration Council took over = the duties=20 of the State, 232 State high schools, 360 State middle schools and 5,000 = State=20 primary schools were opened and teacher training courses were extended = to train=20 teachers who were not yet qualified;=20

(g) In 1992/93 the budget allocation for basic education reached 13.5 = per=20 cent of the total budget for the whole country. The total budget for = education=20 is 18.8 per cent of the total budget for the whole country. Seventy-five = per=20 cent of the budget for education is allocated for basic education. The = budget=20 allocation for education in 1983/84 was K 79.9 million and has increased = to K=20 345.6 million in 1992/93;=20

(h) Schools have been opened, more teachers appointed and free = education and=20 free tuition systems introduced all over the country. Textbooks and = stationery=20 are distributed by the State at reasonably low price to lessen the = burden of=20 educational expense of the parents and children;=20

(i) The curriculum is the same for all basic schools. There is no = separate=20 curriculum for a specific locality or a specific national race group. = All=20 children get the opportunity to learn from the same curriculum. But = national=20 race groups are enjoying the opportunity to teach their children in = their own=20 languages;=20

(j) Educational development activities are carried out in = collaboration with=20 United Nations agencies. The Ministry of Education, UNDP and UNESCO have = been=20 engaged from August 1990 to April 1993 in a joint effort to evaluate the = current=20 state of education in the country and to formulate sectoral development=20 strategies and action programmes. The Ministry of Education, UNDP and = UNESCO are=20 also engaged in the joint effort in strengthening and upgrading of = teacher=20 training colleges (TTCs) and teacher training schools (TTSs). Under this = joint=20 effort US$ 247,614 were used for the provision of teaching aids in TTCs = and=20 TTSs, for sending the teacher trainers abroad to upgrade their = qualifications,=20 for conducting workshops and for developing the education sector for = national=20 races in border areas;=20

(k) Following the signing of the Declaration of the World Conference = on=20 Education for All held in Jomtien, Thailand, by the Union of Myanmar, = the=20 formulation of strategies and meetings and discussions on "Education for = All",=20 paved the way for the preparation and formulation of the national = programmes of=20 action in 1993. The Basic Education Department and UNICEF jointly = conducted a=20 workshop on "Education for All" (primary education) in August 1992. A = workshop=20 on "Education for All" (non-formal education) was also held in September = 1992. A=20 national "Education for All" seminar was carried out in November 1992. = The=20 Myanmar Education Research Bureau and UNICEF made a joint effort to = carry out a=20 research on functional non-formal education. They also carried out a = project on=20 the expansion of skill-based literacy programmes for women and girls = which=20 resulted in the production of reading materials, charts, posters, = teaching aids=20 and 12 basic level reading materials. A series of non-formal education = workshops=20 were carried out. To assist in non-formal education activities, UNESCO's = appeals=20 training materials for literacy personnel were translated into the = Myanmar=20 language;=20

(l) In carrying out the national programmes of action, project = activities=20 undertaken jointly with United Nations agencies are also included. The=20 Department of Basic Education and UNICEF started a joint effort in 1991 = on a=20 continuous assessment and progression system project with a view to = increasing=20 the rate of completion of primary education through a qualitative = improvement in=20 primary education. The continuous assessment and progression system has = been=20 introduced in 272 townships covering 3,088 primary schools. Due to this = system,=20 there has been an increase in regular school attendance and a decrease = in the=20 drop-out rate. To promote the quality of teachers, the Department and = UNDP=20 jointly carried out a project to improve primary education in rural = areas which=20 was implemented in seven townships on an experimental basis. The joint = efforts=20 of the Department and UNDP to increase access to primary education in = rural=20 areas and the "All Children in School" project helped increase access to = primary=20 education which will lead to the successful implementation of national = plans of=20 action;=20

(m) Attempts are being made to increase access to primary education = through=20 monastic education and up to 6 February 1994, 1,019 monastic schools = were opened=20 in 179 townships in various states and divisions. The aims of monastic = education=20 are to make universal access to the basic elements of primary education=20 (reading, writing and basic arithmetic), to facilitate learning and to = reduce=20 the cost of schooling, to train good citizens with good moral conduct = who can=20 contribute to the welfare of the State, who understand Myanmar culture = and=20 traditions and accept them with high appreciation, who lead their lives=20 according to the teachings of Buddha, who can maintain and flourish the = future=20 Buddhist sasana as good Buddhists, who can preserve and develop = their=20 nationality, language, culture and religion.=20

100. Constraints: As a developing country there is an increase = in=20 population in the Union of Myanmar with a corresponding population = growth of=20 children. There are a considerable number of school-age children who are = not=20 attending school. Only 75 out of 100 school-age children attend school. = It has=20 also become necessary to increase the rate of primary school graduates = since 30=20 per cent of primary school children complete the primary cycle, and = thus, the=20 school drop-out rate is very high. There is a variation in the rate of = primary=20 school completion in urban and rural areas. According to the survey, 50 = per cent=20 in urban areas and 25 per cent in rural areas complete the primary = cycles. Thus,=20 the high drop-out rate and failure rate (repetition rate) at the primary = level=20 represents a great waste in education. The promotion rate at every grade = in=20 primary level is 15 per cent on average, while the drop-out rate is = about 16 per=20 cent. Thus, more schools are opened, more teachers are appointed, more = teachers=20 are trained and curricula revised to improve primary education. = Education=20 projects jointly sponsored by the Government, UNDP and UNICEF contribute = to the=20 qualitative improvement of primary education.=20


B. Aims of education (art. 29)

101. Legal context:=20

(a) According to the 1973 Union of Myanmar Basic Education Law, the = main=20 objectives of basic education are mentioned in chapter 3, as follows:=20

(i) To enable every citizen of the Union of Myanmar to become a = physical and=20 mental worker well equipped with a basic education, good health and good = moral=20 character;=20

(ii) To lay foundations for appropriate vocational education and = training;=20

(iii) To give precedence to the teaching of science capable of = strengthening=20 and developing the productive forces;=20

(iv) To give priority to the teaching of arts capable of preserving = and=20 developing the culture, fine arts and literature of the State; and=20

(v) To build a firm base for the pursuance of university education.=20

(b) The 1973 Union of Myanmar Basic Education Law, chapter 5 (c) = relating to=20 the duties of the Basic Education Council, prescribes compulsory basic = education=20 of children at an appropriate time and up to a suitable stage of = learning as one=20 of its specific tasks.=20

102. Implementation:=20

(a) The aim of education is to train students to become physically, = mentally=20 and all-round developed citizens. Necessary changes are therefore made = in the=20 education system to meet the changing economic and administrative = conditions of=20 the country. The Government, teachers and the public in general are = working=20 together to achieve better results in the field of education;=20

(b) Moral education is introduced in the Basic Education Curriculum = for the=20 moral development of schoolchildren. Talks and competitions on the = danger and=20 prevention of narcotic drugs and AIDS are regularly conducted in schools = for=20 schoolchildren;=20

(c) School health teams make regular checks on the health conditions = of=20 students according to their age with the aim of helping children to = become=20 healthy citizens and gain basic good habits of personal cleanliness and = hygiene.=20


C. Leisure, recreation and cultural = activities (art.=20 31)

103. Legal context:=20

(a) Section 23 of the Child Law states that every child has the right = to rest=20 and recreation and to engage in play; participate in sport activities=20 appropriate to his age; participate in cultural and artistic activities; =

(b) The Myanmar National Olympic Council Law was promulgated in 1993. = In that=20 Law, section 13 states that the Myanmar National Olympic Council can = organize=20 the Myanmar Athletics and Physical Education Committee to effectively = and=20 successfully carry out activities relating to sports and physical = education of=20 the people. Under the Committee, various sub-committees are formed at = state and=20 divisional levels, district levels, township levels and village tract = levels.=20 The programmes of these committees are geared towards the development of = health=20 and fitness of all people through sports and physical education = activities,=20 training of outstanding athletes, opening of the modern Institute of = Sports and=20 Physical Education and the University of Sports and Physical Education, = changing=20 sports and physical fitness activities from those of a group of = interested=20 persons to that of the masses;=20

(c) According to the Culture University Law which was promulgated in = 1993, a=20 Culture University was established. Section 5 of the Culture University = Law=20 states that all existing cultural institutions at the time of the = opening of the=20 Culture University are treated as affiliated institutions of the Culture = University. Section 6 of the Culture University Law states that culture=20 institutions and schools affiliated with the Culture University can be=20 established as required.=20

104. Implementation:=20

(a) Sports competitions are held for children who are physically = strong and=20 fit, who love that country, nationality and culture; and for the = continuous=20 emergence of outstanding young athletes. The Department of Basic = Education=20 carries out instructor courses for physical education with the help of = the=20 Myanmar Sports and Physical Education Committee. Sports and physical = education=20 is a part of the school curriculum in schools;=20

(b) In the same way, training is held to maintain and develop culture = and=20 literature and physical fitness. Competitions on essay writing, singing, = dancing, playing musical instruments, painting and sculpture are held = yearly all=20 over the country.=20


IX. SPECIAL PROTECTION MEASURES


A. Children in situations of = emergency

105. Children of refugee status: There are no children of = refugee=20 status in Myanmar.=20


B. Children in conflict with the law (art.=20 22)


1. The administration of juvenile justice = (art.=20 40)

106. Legal context:=20

(a) Section 37 of the Child Law states that a police officer or a = person=20 authorized to take cognizance shall abide by the following when = arresting a=20 child accused of having committed an offence:=20

(i) The child shall not be handcuffed or tied with a rope;=20

(ii) The child shall not be kept together with adult prisoners; if it = is a=20 girl, she shall be under protection with a woman guard;=20

(iii) The child shall not be maltreated or threatened;=20

(iv) The child shall not be sent together with adult prisoners from = one place=20 to another; if it is a girl, she shall be sent with a woman guard;=20

(v) The parents or guardian concerned shall be informed as soon as = possible;=20

(vi) The arrested child shall be sent up to the relevant juvenile = court as=20 soon as possible;=20

(vii) The child shall be released on execution of a bond if the child = cannot=20 be sent up as soon as possible to the juvenile court under subsection = (f);=20

(viii) The child shall be sent to a temporary care station or to = another=20 appropriate place, if the child is not released on a bond under = subsection (g).=20

(b) Chapter 10 of the Child Law contains detailed statements relating = to=20 trial of juvenile cases. In this chapter, the power of the juvenile = court to=20 pass an order on a child without affecting the whole life of a child is = clearly=20 stated. Before passing an order on a child who is found guilty, section = 44=20 states that the juvenile court shall consider the age and character of = the=20 child; the environmental circumstances of the child; the cause of = committing the=20 offence; the report submitted by the Probation Officer and other = circumstances=20 which are required to be taken into consideration in the interest of the = child,=20 and pass an order which is reformative and which will be beneficial to = the=20 child;=20

(c) Section 42 of the Child Law states that the juvenile court shall = abide by=20 the following in trying juvenile cases:=20

(i) The case shall be tried in a separate court or a separate = building or if=20 there is no separate court or building, in a building or room other than = that in=20 normal court hearings;=20

(ii) No person other than the parents, guardian, staff of the court, = law=20 officers, members of the People's Police Force on duty and not in = uniform,=20 persons directly concerned with the case and persons who have been = granted=20 permission by the juvenile court, shall be present at the place of = trial;=20

(iii) If the child or his parents or guardian cannot or do not wish = to engage=20 a lawyer and make an application to be defended with an assistance of = any=20 appropriate person, permission to do so shall be granted;=20

(iv) An interpreter shall be made available if necessary;=20

(v) The case shall be disposed off speedily.=20

107. Implementation:=20

(a) Section 45 of the Child Law states that notwithstanding anything=20 contained in an existing law, a death sentence, transportation for life = or a=20 sentence of whipping shall not be passed on any child. In addition to = that,=20 section 47 states that if the offence committed is not serious and the = character=20 of the child is not yet perverted the juvenile court may release him = after due=20 admonition;=20

(b) Depending on the nature and type of offence, there were 5,096 = juvenile=20 cases of children under 16 years of age of whom 335 children were = sentenced to=20 imprisonment, 2,179 were fined and 905 were transferred to training = centres=20 under the Department of Social Welfare for care and rehabilitation. Of = the=20 remaining children, some of them were entrusted to the custody of their = parents=20 or guardians on execution of a bond and some were released.=20


2. Children deprived of their liberty (art.=20 37)

108. Legal context:=20

(a) Section 16 (a) of the Child Law states that in order that every = child=20 shall not be subjected to arbitrary infringement of his honour, personal = freedom=20 and security, relevant government departments and organizations shall = provide=20 protection and care in accordance with law;=20

(b) Section 37 of the Child Law also states that the child shall not = be=20 handcuffed or tied with a rope when making an arrest of a child accused = of=20 having committed an offence.=20

109. Implementation:=20

(a) Since the longer it takes for the disposal of a case, the greater = the=20 chances of the child forfeiting personal freedom and falling in = disgrace,=20 section 42 (e) of the Child Law states that the juvenile court shall = dispose of=20 the case speedily. Government departments concerned are requested to = help=20 witnesses to be present at the court, and to send the child to the court = in time=20 so that the court can dispose of the case speedily;=20

(b) An arrest of a child accused of having committed an offence, must = be made=20 by a member of People's Police Force on duty who is not in uniform, who = will=20 accompany the child to the juvenile court without handcuffing or tying = the child=20 with a rope;=20

(c) The juvenile court usually passes an order to place the = delinquent child=20 in a temporary care station or with a custodian. The court does not pass = an=20 order to arrest the child.=20


C. Children in situations of = exploitation


1. Child labour (art. 32)

110. Legal context:=20

(a) Section 66 (a) of the Child Law states that whoever commits any = of the=20 following acts shall, on conviction, be punished with imprisonment for a = term=20 which may extent to two years or with a fine which may extend to K = 10,000 or=20 with both:=20

(i) Failing to take action in full knowledge that a girl under his=20 guardianship, who has not attained the age of 16, is earning her = livelihood by=20 prostitution;=20

(ii) Permitting a child under his guardianship to live together or to = consort=20 with a person who earns a livelihood by prostitution;=20

(iii) Employing a child to beg for his personal benefit; failing to = prevent a=20 child under his guardianship from begging; making use of the child in = any manner=20 in his livelihood of begging.=20

(b) Section 24 (a) of the Child Law states that every child has:=20

(i) The right to engage in work in accordance with law and of his own = volition;=20

(ii) The right to employment, rest and leisure and other rights = prescribed by=20 law. Section 24 (b) states that the Ministry of Labour shall protect and = safeguard in accordance with the law to ensure the safety of children = employees=20 at the place of work and prevention of any infringement or loss of their = rights.=20

(c) Section 65 (a) of the Child law prohibits employing or permitting = a child=20 to perform work which is hazardous to the life of the child or which may = cause=20 disease to the child or which is harmful to the child's moral character. =

111. Implementation:=20

(a) Myanmar is a member country of the International Social Security=20 Association. In the Union of Myanmar, the Social Security Scheme was = started in=20 1956 according to the Social Security Act enacted in 1954. For those who = are=20 working in departments related to the Social Security Scheme, it is = compulsory=20 to have life insurance. This principle also applies to child workers who = work in=20 those departments that are enjoying the benefits of the Social Security = Scheme;=20

(b) In the Union of Myanmar, children engage in work only in the = economic=20 enterprises of their families; as a consequence, the problem of child = workers is=20 quite rare.=20


2. Sexual exploitation and sexual abuse (art. = 34)

112. Legal context:=20

(a) Sections 366 A, 372 and 373 of the Penal Code specify punishments = relating to selling, hiring, disposing or inducing any person under the = age of=20 18 years with the intent that such persons shall be employed or used for = the=20 purpose of prostitution or illicit intercourse with any person or for = any=20 unlawful and immoral purpose;=20

(b) Section 66 (a) of the Child Law prescribes punishments for = failing to act=20 in the knowledge that a girl under his guardianship, who has not = attained the=20 age of 16, is earning a livelihood by prostitution. In section 66 (b)=20 punishments for permitting a child under his guardianship to live = together or to=20 consort with a person who earns a livelihood by prostitution are also = mentioned.=20

113. Implementation:=20

(a) In the Union of Myanmar, prostitution is strongly prohibited and=20 controlled legally, as well as socially. Those who earn their livelihood = by=20 prostitution are punished according to the existing law. Those who are = under age=20 are transferred or handed over to the training schools for girls, and = vocational=20 training schools for women, under the Department of Social Welfare;=20

(b) Prevention of AIDS is carried out with great energy all over the = country=20 and elimination of prostitution is also seriously undertaken through = control and=20 education.=20


3. Sale, trafficking and abduction (art.=20 35)

114. Legal context:=20

(a) Kidnapping from the Union of Myanmar, and kidnapping from lawful=20 guardianship are defined in the Penal Code, sections 359, 360 and 361=20 respectively. Section 362, which deals with abduction, states that = whoever by=20 force compels, or by any deceitful means induces, any person to go from = any=20 place is said to abduct that person;=20

(b) Punishments for kidnapping or abducting in order to murder; = kidnapping or=20 abducting with intent secretly and wrongfully to confine a person; = kidnapping;=20 abducting or forcing a woman to marry, etc.; kidnapping or abducting in = order to=20 subject the person to devious hurt, slavery, etc.; wrongfully concealing = or=20 keeping in confinement a kidnapped or abducted person; and kidnapping or = abducting a child under 10 years with intent to steal from its person; = are=20 specified in the Penal Code, sections 364, 365, 366, 367, 368 and 369=20 respectively.=20


4. Drug abuse (art. 33)

115. Legal context:=20

(a) The Narcotic Drugs and Psychotropic Substances Law was enacted in = 1993 to=20 prevent the danger of narcotic drugs and psychotropic substances; to = carry out=20 more effectively measures for imparting knowledge and education on the = danger of=20 narcotic drugs and psychotropic substances and for medical treatment and = rehabilitation of drug users. According to section 4 of this Law, a = central body=20 for the Prevention of the Danger of Narcotic Drugs and Psychotropic = Substances=20 was formed, and under the supervision of this central body, various = working=20 committees, such as the knowledge and education-imparting committee for=20 students, were formed;=20

(b) The Narcotic Drugs and Psychotropic Substances Law, section 22 = (c),=20 states that the offender, making use of children who have not completed = the age=20 of 16 years, in the commission of the offence, shall be liable to the = maximum=20 punishment provided for such offence.=20

116. Implementation:=20

(a) Preventive measures against the danger of narcotic drugs and = psychotropic=20 substances are seriously undertaken by the Central Committee for Drug = Abuse=20 Control (CCDAC) as a national responsibility. Since the enactment of the = Narcotic Drugs and Psychotropic Substances Law in 1974, effective action = was=20 taken for any offence relating to narcotic drugs and psychotropic = substances.=20 The number of registered drug users who are taking medical treatment is = 53,964=20 all over the country;=20

(b) To prevent the danger of the illicit use of narcotic drugs and=20 psychotropic substances among schoolchildren, educational talks, = exhibitions,=20 briefings and competitions are held in schools from time to time. = Posters,=20 paintings and cartoon competitions are also held and the winners are = awarded=20 prizes. Talks on the danger of narcotic drugs and the prevention of AIDS = are=20 also given on various occasions at township as well as village levels;=20

(c) The Department of Social Welfare, in collaboration with the = Department of=20 Health, opened rehabilitation stations in Yangon, Mandalay, Myitkyina, = Lashio,=20 Kyaintone, Pyay (Wet-hti-kan). Pekon (Ka-the-kwin) and Nantlatt, where = drug=20 users who have taken medical treatment, are trained.=20


D. Children belonging to a minority or an = indigenous=20 group

117. Legal context:=20

(a) Section 14 of the Child Law states that every child shall, = irrespective=20 of race, religion, status, culture, birth or sex, be equal before the = law and be=20 given equal opportunity;=20

(b) For the progress and advancement of border areas and national = races, the=20 Development of Border Areas and National Races Law was enacted in 1993. = One of=20 the five objectives stated under this Law is to cherish and preserve the = culture, literature and customs of the national races. The Development = of Border=20 Areas and National Races Law, section 4, deals with the formation of the = Central=20 Committee and section 5 deals with the duties and powers thereof. One of = the=20 duties of the Central Committee is to lay down and carry out measures = with a=20 view to maintaining the culture, literature and customs of the national = races.=20 Section 8 of this Law deals with the duties and powers of the Ministry = in=20 respect of the implementation of the development works of the border = areas and=20 national races. Laying down programmes to disseminate knowledge and = proposals=20 for exchange of culture for the national races in the development areas, = and=20 establishing and opening schools for giving vocational education for the = future=20 of the youths of the national races are also set out in section 8.=20

118. Implementation:=20

(a) Of the 42.3 million population of the whole country of Myanmar = 27.1 per=20 cent comprises various nationalities and races. Programmes are = implemented by=20 the Ministry of Progress of Border Areas and National Races and = Development=20 Affairs to promote the living standards of these nationalities. Under = the joint=20 efforts of this Ministry and the Department of Social Welfare, a total = of six=20 domestic vocational schools have been established to enable the youth = and=20 children to earn their own living. Three parahita (welfare) = schools and=20 two youth development schools have been established to protect and give = care to=20 those children who need it;=20

(b) Although there is no written curriculum in their languages, the=20 nationalities have the right to pursue their own literature. The = University of=20 National Races in Ywathitkyi is producing teachers of various = nationalities to=20 promote the spread of education in the border areas.=20


X. CONCLUSION

119. Since 300 BC Myanmar has existed as a sovereign independent = country. A=20 sense of decency, cordiality, friendliness and consideration for others, = constitute the characteristics of Myanmar society. Though the people = profess the=20 religion of their choice in Myanmar, the majority of the people are = Buddhist. As=20 such Buddhism flourishes in the Union of Myanmar and Buddhist teachers = have a=20 strong influence on the people's way of life. As regards parental duties = and=20 responsibilities, the teachings of Buddha are embraced as the rule of = conduct or=20 moral code.=20

120. According to the teaching of Buddha, children are precious and = treasured=20 gems and those who receive the love, tenderness and care of adults = develop into=20 promising citizens of the country. Parents therefore attend to their = child with=20 tender and loving care. The social relations and organization of Myanmar = society=20 are based on compassion and kindness. "Obey the elders, respect the = peers and=20 have pity on the young" is a prominent motto in Myanmar society. "If you = want=20 your child to be clever, let him get his training in the community" is = another=20 popular saying. This shows that traditionally, the community leaders = provide=20 care and guidance to the children in the community. Myanmar people also = believe=20 that the future of a country belongs to the children of the country. = Thus, child=20 upbringing is not a new agenda for Myanmar people but a traditional and=20 day-to-day routine.=20

121. Protection and maintenance of children's rights corresponds to = the=20 safeguarding of human rights. In the olden days before the Child Law had = been=20 decreed, the traditional habits of Myanmar people and national races and = the=20 teachings and guidance of the community leaders ensured that children's = rights=20 and benefits were protected and well maintained.=20

122. Before Myanmar's signature of the Convention on the Rights of = the Child=20 the Young Offender Act and the Children Act had been enacted in 1930 and = 1955=20 respectively, and various ministries concerned had been administering = these=20 laws.=20

123. The Union of Myanmar will never lose sight of the objective to = protect=20 and maintain the rights of the children. When UNESCO declared 1979 as = the=20 International Year of the Child, the Union of Myanmar celebrated the = event after=20 having thoroughly formulated national objectives. The General Assembly = of the=20 United Nations declared on 20 November 1989 that the child, for the full = harmonious development of his or her personality, should grow up in a = family=20 environment, in an atmosphere of happiness, love and understanding. This = resolution was endorsed and necessary measures were taken to put it into = practice. Accordingly, when the International Year of the Child was = celebrated=20 in the Union of Myanmar, a future programme of action to take special = care of=20 orphans, abandoned children and children whose parents were suffering = from=20 contagious diseases, was formulated and that programme of action was = implemented=20 successfully.=20

124. Recent years have witnessed in the Union of Myanmar significant=20 transformations in the political and economic spheres with the final = objective=20 of a new democratic nation. A market-oriented economy has been adopted = and=20 concomitant with the economic development of the country, meaningful = steps are=20 being taken to enhance the welfare of children.=20

125. After signing the Convention on the Rights of the Child, in = 1991, the=20 Union of Myanmar framed the Child Law in a more comprehensive manner and = promulgated it in 1993. The Ministry concerned is putting this Law into=20 practice. Social welfare activities of non-governmental organizations, = such as=20 Red Cross associations, religious associations and social organizations, = are=20 encouraged to participate and necessary aid and assistance are given to = them. In=20 the past, the momentum of development activities relating to children of = national races in border and remote areas had been slow. Since = socio-economic=20 conditions differ in urban and rural areas, the Ministry of Progress of = Border=20 Areas and National Races and Development Affairs is performing the task = of=20 elevating the socio-economic conditions in the border areas.=20

126. The Department of Social Welfare is taking care of the children = who have=20 been abandoned for various reasons. In rural areas the community or = local=20 people, and the monasteries, are taking care of these children. The = monastic=20 education system endures not only in rural areas, but in urban areas = also=20

where it helps schoolchildren to pursue formal education in an = accessible=20 manner. The Union Solidarity and Development Association is also helping = in=20 training children to be strong in moral character, discipline and = mentality.=20

127. The Department of Social Welfare is currently engaged in = research=20 relating to the effective protection and maintenance of children's = rights.=20

128. All over the world, three children are born every second. Out of = a=20 population of 5,700 million, the child population is nearly 2,000 = million.=20 Millions of children under five are starving in the meantime.=20

129. The Union of Myanmar is a developing country with an increasing=20 population. The child population is nearly 14.9 million. As a result of = the=20 growth of population, various programmes and activities are required to = be=20 carried out to resolve the issue. In order to protect and maintain the = rights of=20 the child set out in the Convention on the Rights of the Child = effectively and=20 successfully, a National Committee on the Rights of the Child was = formed.=20 Committees at state/division and district levels were formed. The = departments=20 concerned are making concerted efforts to put the Child Law into = practice=20 effectively. The State is also receiving help and cooperation from = United=20 Nations agencies, voluntary private donors and non-governmental = organizations to=20 ameliorate the welfare of the children.=20


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

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