CRC/C/15/Add.237
COMMITTEE ON THE RIGHTS OF THE CHILD
Thirty-sixth session
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
Concluding observations:
Concluding Observations
1.
The Committee considered the
second periodic report of Myanmar (CRC/C/15/Add.237) at its 959th and 960th meetings (see CRC/C/SR.959 and 960) held on
26th May 2004, and adopted at the 971st meeting, held on 4th June 2004, the following concluding
observations.
2.
The Committee welcomes the
submission of the State party’s second periodic report, which followed the
established guidelines. The Committee also takes note of the submission of the
written replies to its list of issues (CRC/C/Q/MYA/2), which allowed for a
clearer understanding of the situation of children in the State party. The
Committee acknowledges that the presence of a high level and multi-sectoral
delegation directly involved with the implementation of the Convention which allowed
for a constructive dialogue and a better understanding of the rights of the
child in the State party.
3.
The Committee welcomes the
adoption of:
(a)
Rules
and Regulations related to the Child Law in 2001;
(b)
National Human
Rights Committee in 2000;
(c)
Myanmar Women’s Affairs Federation in
2003, whose mandate includes promotion and protection of the rights of
children;
(d)
National AIDS Programme and the
development of the “Joint Programme for HIV/AIDS: Myanmar 2003-2005”;
(e)
National Health Plan 1996-2001 which achieved high immunisation coverage
for a significant part of the population;
(f)
“Education for All” National Action Plan; and
(g)
Joint Plan of Action for the elimination of forced labour with ILO.
4.
The Committee notes that the State party, despite its
recent agreements with 17 armed groups in the country, remains deeply affected
by internal conflicts, and that the resulting violence and instability have
continued to pose negative impact on the situation of children in Myanmar. The
Committee further notes that some parts of the country remains beyond the
control of the State party, and that widespread poverty continues to pose a
serious challenge.
Principal subject of concern and recommendations
1.
General measures of implementation
Previous recommendations of the
Committee
5.
The Committee regrets that many
of the concerns it expressed and the recommendations it made (CRC/C/15/Add.69)
after its consideration of the State party’s initial report (CRC/C/8/Add.9)
have been insufficiently addressed, particularly those contained in para. 28
(domestic legislation); para. 31 (national coordinating mechanism); paras.
40-42 (children affected by military activities); and para. 46 (children in
conflict with the law). Those concerns and recommendations are reiterated in
the present document.
6.
The Committee urges the State party to make every effort to address
the previous recommendations that have not yet been implemented and the list of
concerns contained in the present concluding observations.
Legislation
7.
The Committee is aware of the
efforts undertaken by the State party to amend the Child Law (1993), in particular, the enactment of
the Rules and
Regulations related to the Child Law in 2001, in order to fully harmonise it with the provisions and principles
of the Convention, but is of the view
that the Child Law is still not in full compliance with the Convention. The Committee further welcomes the promulgation
of Orders of 1999 and 2000 by which forced labour has been prohibited, the
accession to the ILO Convention No. 29 on Forced Labour and the comprehensive
Plan of Action for the Elimination of Forced established in collaboration with
the ILO, but remains concerned at the fact that the Village and Town Acts is still
in existence. This concern is also reiterated regarding the existence of the
Citizenship Act and the Whipping Act, despite previous recommendations of the
Committee to amend or repeal them.
8.
In light of its previous recommendations (Ibid., para. 28), the
Committee recommends the State party to:
(a)
Expedite the
comprehensive review of existing legislation, in particular the Child Law, using
a rights-based approach, to ensure its full conformity with the principles and provisions of the Convention;
(b)
Repeal the
Whipping Act; and amend the Citizenship Act and the Village and Town Acts; and
(c)
Include the rights of the child in
the new state Constitution and expedite the completion of the drafting process.
9.
While noting that the State
party has ratified the Convention on the Rights of the Child and the Convention on the
Elimination of all Forms of Discrimination against Women, the
Committee is concerned that it has not yet ratified most of the other main
human rights instruments.
10. In order to strengthen the full implementation of all human rights, the
Committee encourages the State party to ratify the
International Covenant on Economic, Social and Cultural Rights; the
International Covenant on Civil and Political Rights; the International
Convention on the Elimination of All Forms of Racial Discrimination; the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment; and the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families.
Coordination
11. The Committee notes that the Ministry for Social Welfare, Relief and
Resettlement is the leading ministry regarding the implementation of the
Convention. It welcomes the establishment of an interdisciplinary National
Committee on the Rights of the Child whose main mandate is the coordination of
the work of governmental bodies involved in the implementation of the Child
Law. The Committee is nevertheless concerned that this Committee is not fully
operational.
12. The Committee recommends
that the State party strengthen the National Committee on the Rights of the
Child by providing it with the necessary authority and resources to fulfil its mandate, namely to coordinate all
activities related to the implementation of the Convention, in an effective
manner, horizontally across ministries, and vertically, from the national, down
to the State, Divisional, District and Township levels.
National Plan of Action
13. The Committee notes that a “National Programme of Action for the
Survival, Protection and Development of Children in the 1990s” was adopted in
1994 and that the National Health Plan is also an important policy with regard
to the implementation of the Convention. However,
the Committee is of the view that the implementation of these action plans have
been insufficient.
14. The Committee recommends
that the State party take all necessary measures to adopt, in consultation with
all relevant partners, including the civil society, a new General Plan of
Action for Children which covers all areas of the Convention which includes the UN Millennium Development Goals and reflects the World Fit for Children. It further recommends that the State party allocate the necessary human and financial resources for its full implementation, and to put in place appropriate coordinating, monitoring and evaluation mechanisms.
Independent monitoring structures
15. The Committee notes the establishment of the Monitoring and
Evaluation Subcommittee in 1999. We also welcome the establishment of the Committee
on Human Rights in
2000, whose objectives include, among others, to take actions for the
establishment of an independent Myanmar Human Rights Commission. The Committee is however concerned at the current lack of an
independent mechanism mandated to regularly monitor and evaluate progress in
the implementation of the Convention at the local and national levels.
16. The Committee encourages the
State party to consider the establishment of an independent national human
rights institution, in accordance with the Paris
Principles relating to the status of national institutions (General Assembly
resolution 48/134) and in light of the Committee's
General Comment No. 2 on National Human Rights Institutions, to monitor and
evaluate progress in the implementation of, inter alia, the Convention on the Rights of the Child at the national
and the local level. The Committee recommends that the institution be allocated
with adequate human and financial resources and that its
mandate includes the ability to receive and investigate complaints of
violations of child rights in a child-sensitive manner, and to effectively
address them. In order to make this Institution’s role regarding the
Convention as visible and as strong possible, the Committee suggests to establish
within this institution a special division for children’s rights headed by a
Commissioner for Children. The
Committee encourages the State party to seek technical assistance from, inter alia, OHCHR in this respect.
Cooperation with civil society
17.
While noting the reference to the
activities of non-governmental organisation throughout the State party report,
the Committee is concerned that insufficient efforts have been made to involve the
civil society in the implementation of the Convention, its rights-based
approach and its reporting process.
18.
The Committee recommends that the State party strengthen its efforts
to systematically involve
communities and other elements of civil society, including children's associations,
throughout all stages of the implementation of the Convention, including the
formulation of policies and programmes, and in the drafting process of the next
report to the Committee.
Resources
19. The Committee is deeply concerned at the dramatic decrease of
resources allocated to social sectors, notably health and education over the
past decade while the budget allocated to defence has increased dramatically
over the same period.
20. In light of its previous
recommendations (Ibid., para.32), the Committee recommends that the State
party:
(a)
Make every
effort to significantly increase the proportion of the budget allocated to the
realisation of children's
rights to the "maximum extent ... of available resources” where needed, to ensure the provision of appropriate resources, and wherever
appropriate, in the framework of international cooperation.
(b)
Ensure that the provision of social services to children remains a priority; and
(c)
Develop ways to assess the impact of budgetary allocations on the implementation
of children's rights, and to collect and disseminate information in this regard.
Data collection
21. The Committee notes the regular nationwide Multiple Indicator
Cluster Surveys (1995; 1997; 2000) but remains concerned at the lack of a
systematic and comprehensive collection of accurate disaggregated data on all
groups of children for all areas covered by the Convention which will enable the
monitoring and evaluation of progress achieved, as well as to assess
the impact of policies adopted with respect to children.
22. The Committee recommends
that the State party develop
a system of data collection and indicators consistent with the Convention,
accurate, and disaggregated by gender, age, and urban and rural area. This
system should cover all children up to the age of 18 years with specific
emphasis on those belonging to the most disadvantaged
groups, including children belonging to ethnic minority groups, children in poverty, children living in remote and
border areas, disabled children, street children, and children placed in
institutions.
It further encourages the State party to use these indicators and data for
formulation of policies and programmes for the effective implementation of the
Convention.
Training and dissemination
23. While noting the measures undertaken to promote widespread awareness
of the principles and provisions of the Convention, the Committee is of the
opinion that these measures need to be strengthened and systematised with a specific
focus on the child as a subject of rights. In this respect, the Committee is
concerned at the lack of a systematic plan to introduce training and awareness
among professional groups working for and with children.
24.
In line with its previous recommendations (ibid., para. 35) and
article 42 of the Convention, the Committee recommends that the State Party
strengthen its efforts to disseminate the principles and provisions of the
Convention as a measure to sensitise society about children's rights. It also
recommends that the State Party makes the Convention accessible to the whole population, in particular,
children themselves, and including by way of translating the Convention where
necessary. Moreover, the Committee encourages the State Party to undertake
systematic education and training on the provisions of the Convention for all
professional groups working for and with children, in particular
parliamentarians, judges, lawyers, law enforcement officials, civil servants,
municipal workers, personnel working in institutions and places of detention
for children, teachers, health personnel, psychologists and social workers.
Technical assistance from, inter alia,
OHCHR and UNICEF could be requested in this regard.
2.
Definition of the child
25. The Committee notes that that the 1993 Child Law makes a distinction
between a child (up to the age of 16 years) and a youth (between 16 and 18
years) and is concerned that youth as defined by the Law do not have the same
rights as children. The Committee is further concerned that the minimum age of
criminal responsibility is set at 7 years of age which is much too low and that
children between 16 and 18 years are treated as adults under the penal law of the State party.
Furthermore, the Committee is concerned that there is no minimum age for
marriage for boys, and that marriage of girls as young as 14 is allowed with
parental consent.
26.
The Committee recommends that the State party recognise that all
persons below the age of 18 are granted special protection measures and specific rights as enshrined in the Convention, and
that it raise the minimum age for criminal responsibility to an internationally
acceptable age. The Committee also recommends that the State party raise
the minimum age for marriage for girls to an internationally acceptable age.
3.
General principles
The right to non-discrimination
27. The Committee notes that the principle of non-discrimination is
included in the 1993 Child Law but remains concerned that discrimination,
contrary to article 2 of the Convention, still exists in
28. The Committer recommends
that the State party:
(a)
Make greater efforts to ensure that all children within its
jurisdiction enjoy all rights set out in the Convention without discrimination,
in accordance with article 2;
(b)
Prioritise and target social services to children belonging to the
marginalised and most vulnerable groups through a pro-active and comprehensive
strategy; and
(c)
Ensure effective law enforcement, and launch comprehensive public
information campaigns involving religious leaders, to prevent and combat all
forms of discrimination and where appropriate, within the framework of international
co-operation.
29. The Committee requests
that specific information be included in the next periodic report on the
measures and programmes relevant to the Convention on the Rights of the Child
undertaken by the State party to follow-up on the Declaration and Programme of
Action adopted at the 2001 World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance, and taking account of
general comment No. 1 on article 29, paragraph 1 (aims of education).
The best interests of the child
30. The Committee is concerned that the
general principle of the best interests of the child (art. 3) is not fully
applied and duly integrated in the implementation of laws, policies and
programmes of the State party as well as administrative and judicial decisions.
31. The Committee recommends that the State party take all appropriate
measures to ensure that the general principle of the best interests of the
child is appropriately integrated in all legislation and budgets, as well as
judicial and administrative decisions and in projects, programmes and services
which have an impact on children.
Respect of the views of the child
32.
The Committee is concerned
that, due to traditional attitudes, respect for the views of the child remains
limited within the family, schools, the courts, administrative authorities and
the society at large, which tend to privilege a paternalistic and authoritarian
approach with regard to children.
33.
The Committee recommends that further efforts be made to ensure the
implementation of the principle of respect for the views of the child. In this
connection, particular emphasis should be placed on the right of every child to
participate in the family, at school, within other institutions and bodies, and
in society at large, with special attention to the vulnerable groups. This
general principle should also be reflected in all laws, policies and programmes
relating to children. Awareness-raising among the public at large, religious,
traditional and/or customary leaders, as well as education and training of
professionals on the implementation of this principle should be reinforced.
4.
Civil rights and freedoms
Birth registration and citizenship
34. While noting the progress achieved by the State party in registering
children at birth, the Committee remains concerned at the large number of
children whose births have not been registered. The Committee is further
concerned that religion and ethnic origin are specified on the identity card
and is deeply concerned that the Citizenship Act establishes three different
categories of citizenship, possibly resulting in some categories of children
and their parents being
discriminated against, stigmatised and/or denied
certain rights.
35. In light of article 7 of
the Convention, the Committee urges the State party to strengthen its efforts
to reform its civil
registration system to
ensure that all children are registered at birth without discriminatory
conditions, through, inter alia,
conducting awareness-raising campaigns and a review of the existing
registration system. It is also encouraged to consider facilitating procedures
of birth registration through mobile units for remote areas. In line with its
previous recommendations (Ibid., paras. 28 & 34), the Committee recommends
that the State party abolish the categorisation of citizens, as well as the specification on the national
identity card of the religion and the ethnic origin of citizens, including
children.
Access to information
36. The Committee notes that article 22 of the 1993 Child Law refers to
access to information, but remains concerned that many children, notably those
living in remote and border areas, do not have adequate access to appropriate
information.
37. In light of article 17,
the Committee recommends that the State party take all appropriate measures to
ensure that all children, in particular, those in remote and border areas, are
provided with adequate access to information.
Corporal punishment
38.
The Committee is deeply concerned
that article 66(d) of the 1993 Child Law provides for possible “admonition by a
parent, teacher, or other person having the right to control the child” and
that corporal punishment continues to be regarded as acceptable in society. The
Committee is also concerned that the State party has not repealed the Whipping
Act and that the orders
prohibiting corporal punishment in schools do not seem to be effective.
39.
The Committee strongly recommends that the State party repeal
article 66(d) of the 1993 Child Law and prohibit corporal punishment in the
family, in schools and other institutions, and undertake education campaigns to educate families and
professionals on alternative forms of
discipline.
Torture or cruel, inhuman or degrading treatment or punishment [art.
37(a)]
40.
The Committee notes the lack of information regarding ill-conduct of law
enforcement officials and army personnel, especially in the light of numerous reports
received, of torture, serious ill-treatment and sexual abuse, including rape of
children by law enforcement officials and army personnel.
41.
The Committee recommends that the
State party:
(a) Assess the scope, nature and causes of violence against children, in
particular sexual violence against girls, with a view to adopting a comprehensive
strategy on effective measures and policies, and on changing general attitudes;
(b) Duly investigate cases of violence through a child-sensitive judicial
procedure, notably by giving appropriate weight to children’s views in legal
proceedings, and apply sanctions against perpetrators, with due regard given to
guaranteeing the right to privacy of the child; and
(c) Undertake public education campaigns to promote a culture of non-violence.
5.
Family environment and alternative care
Parental responsibilities
42. The Committee expresses its concern at the lack of adequate social
policies that enable families to be in charge of protecting their children’s
rights, and the disintegration and displacement of families and communities of ethnic minority
groups.
43. In light of article 18 of
the Convention, the Committee recommends that the State party introduce
programmes to support families and in particular, parents, in the performance
of their parental responsibilities, especially with respect to ethnic minorities
and other vulnerable groups, and to refrain from activities that may
disintegrate or displace families.
Children deprived of family
environment
44.
The Committee, while welcoming
the State party's activities to reduce institutionalisation, remains
concerned at the large number of children who are placed in institutions. The
Committee is further concerned that these institutions provide similar services
for groups of children with different needs, such as orphans, abandoned children,
children in conflict with the law and street children. The Committee is also
concerned at the poor living conditions in these institutions
45.
The Committee recommends that
the State party:
(a) Expedite the assessment on
the situation of children placed in institutions, including their living conditions
and the services provided;
(b)
Develop programmes and policies to prevent the placement of children
in institutions, inter alia, by
providing support and guidance to the most vulnerable families and by
conducting awareness-raising campaigns;
(c)
Take all necessary measures to allow children placed in institutions
to be returned to their families whenever possible and consider the placement
of children in institutions as a measure of last resort; and
(d)
Set clear quality standards
for existing institutions and ensure periodic review of the placement of
children, in light of article 25 of the Convention.
Adoption/
Inter-country adoption
46. The Committee notes that adoption is regulated by the 1993 Child
Law, the Registration of Kittima Adoption Act, 1939 and customary law but regrets
the lack of concrete information in the State party’s reports on
adoption, including inter-country adoption. The Committee is concerned that these
legislation may not conform fully with the Convention, notably that they do not
always take into account the best interests of the child and, where
appropriate, the views of the child.
47. In line with its previous
recommendations (Ibid., para. 36) and
in light of article 21 of the Convention, the Committee recommends that the
State party amend its current domestic legislation and practice with regard to
adoption to ensure conformity with the Convention. Additionally, the Committee
encourages the State party to accede to the 1993 Hague Convention on the
Protection of Children and Cooperation in Respect of Inter-country Adoption. The Committee further recommends
that the State party seek technical assistance from, inter alia, UNICEF.
Violence, abuse, neglect, and
maltreatment
48. The Committee notes that the 1993 Child Law contains various
provisions on violence against children but remains seriously concerned at the
lack of appropriate measures, mechanisms and resources to prevent and combat
domestic violence, including physical and sexual abuse and neglect of children; the limited number of services for abused children; as well as
the lack of data on the aforementioned.
49. In light of article 19 of
the Convention, the Committee recommends that the State party:
(a)
Undertake a comprehensive
study on violence against children in order to assess the scope, nature and causes of such
violence, and to adopt effective measures and policies;
(b)
Duly investigate cases of domestic violence and violence in schools
through child-sensitive judicial procedures, and that sanctions be applied to
perpetrators, with due regard being given to guaranteeing the right to privacy
of the child;
(c)
Strengthen awareness-raising campaigns for the purpose of preventing
and combating child abuse, with involvement of children;
(d)
Allocate funds for services for physical and psychological recovery
and social reintegration to be provided to the victims of rape, abuse, neglect,
ill-treatment, violence or exploitation, in accordance with article 39 of the
Convention;
(e)
Evaluate the work of existing structures and provide training to the
professionals working with child victims of violence; and
(f)
Seek technical assistance from, inter
alia, UNICEF.
6.
Basic health and welfare
Children with disabilities
50.
The Committee is concerned at
the lack of statistical data and of a comprehensive policy for disabled children,
who continue to face widespread discrimination.
Concern is also expressed at the limited facilities and services for
children with disabilities, especially those in rural and remote areas, and the
limited number of trained teachers to work with children with disabilities.
Efforts made to facilitate their inclusion into the educational system and the
society at large remain insufficient.
51. In line with the United
Nations Standard Rules on the Equalisation of Opportunities for Persons with Disabilities (General
Assembly resolution 48/96) and the recommendations adopted by the Committee at
its day of general discussion on the rights of children with disabilities
(CRC/C/69), it is recommended that the State party:
(a)
Take
effective measures to collect adequate and disaggregated data on children with
disabilities and use such data to establish a comprehensive policy and appropriate programmes to prevent disabilities and
to assist children with disabilities;
(b)
Reinforce its efforts to develop early detection programmes to
prevent and remedy disabilities;
(c)
Establish special education programmes for disabled children and
include them in the regular school system to the extent possible;
(d)
Undertake awareness-raising campaigns to sensitise the public, and
parents in particular, about the rights and special needs of children with
disabilities, including
those with mental health concerns;
(e)
Allocate further resources for special education, including vocational training, and for the support given to families of children with disabilities;
and
(f)
Seek technical cooperation for the training of professional staff
working with and for children with disabilities from, inter alia, UNICEF and WHO.
Health and health services
52.
The Committee notes the
progress achieved by the National Health Plan 1996-2001, notably the good
immunisation coverage through routine vaccinations supplemented by the National
Immunisation Days (NIDs), and notes the adoption of the 2001-2006 National
Health Plan, yet remains concerned at the high infant and under-five mortality
rates and low life expectancy in
53.
In line with its previous recommendations (Ibid., para. 38), the Committee recommends that the State party:
(a)
Reinforce its efforts to allocate appropriate resources as well as develop and implement comprehensive
policies and programmes, in particular the 2001-2006 National
Health Plan, to improve the health situation of children, particularly in rural
areas;
(b)
Ensure adequate collection of accurate and reliable statistical data
on health indicators;
(c)
Facilitate greater access to primary health-care services;
(d)
Continue and strengthen its efforts
to reduce the incidence of maternal, child and infant
mortality;
(e)
Prevent and combat malnutrition, especially among the vulnerable groups of children;
(f)
Promote exclusive breastfeeding
for the first six months,
with introduction of appropriate infant diet thereafter;
(g)
Improve access to safe
drinking water and sanitation; and
(h)
Pursue additional measures for
cooperation and assistance for child health improvement with, inter alia, WHO and UNICEF.
54. In spite of the progress achieved regarding access to drinking
water and safe excreta disposal as indicated in the Multiple Indicator Cluster
Surveys (MICS) held in 2000, the Committee is
concerned that a large
number of children, notably those living in rural
areas, still do not enjoy adequate access to clean drinking water and sanitation
systems.
55. The Committee recommends
that the State party take all necessary measures to ensure access of all
children to safe drinking water and adequate sanitation systems, in particular
those in remote and rural areas.
HIV/AIDS
56. The Committee welcomes the existence of the National AIDS
Programme and the development of the “Joint Programme for HIV/AIDS: Myanmar
2003-2005” as well as various efforts undertaken to raise awareness on HIV/AIDS,
but remains extremely concerned at the increasing prevalence of HIV/AIDS
amongst adults and children and the consequently high and increasing number of
children orphaned by HIV/AIDS. In this regard, the Committee is concerned at
the lack of alternative care for these children.
57. The Committee recommends
that the State party:
(a)
Increase its efforts to prevent the spread of HIV/AIDS, taking into
account the Committee's general comment No.3 on HIV/AIDS and the rights of
children;
(b)
Strengthen its measures to prevent mother-to-child transmission, inter alia, through coordination with
the activities aimed at reducing maternal mortality. It recommends taking adequate measures to
address the impact upon children of the HIV/AIDS-related deaths of parents,
teachers and others, in terms of children's reduced access to family life,
adoption, emotional care and education;
(c)
Strengthen its efforts to raise awareness about HIV/AIDS among
adolescents, particularly among those belonging to vulnerable groups as well as
the population at large, so as to reduce discrimination against children
infected and affected by HIV/AIDS; and
(d)
Seek further technical assistance from, inter alia, the Joint Programme on HIV/AIDS, to further facilitate
more flexible operational set-ups for the various partners.
Harmful traditional practices
58. The Committee is concerned that the measures taken by the State party to raise awareness among the Padaung and the Kareni tribes on the potential health hazard of their traditional practice of neck elongation has been insufficient, given that it can result in sudden death or major damage to the spinal cord if the neck-elongation ring is removed.
59. The Committee recommends
that the State party continue and strengthen its awareness raising activities
among the people of the Padaung and the Kareni tribes, in particular women and girl
children, on the potential hazard risks of their traditional practice to their
physical well-being.
Right to an adequate standard of
living (art. 27, paras. 1-3)
60. The Committee is concerned over the high proportion of the
population living below the poverty line, and the disproportionate percentage
of average income spent on food.
61. In accordance with article
27 of the Convention, the Committee recommends that the State reinforce its
efforts to provide support and material assistance to economically
disadvantaged families, notably those living in rural areas, and to guarantee
the right of children to an adequate standard of living.
7.
Education, leisure and cultural activities
62. The Committee welcomes the launch in 2000 of the Special Four-Year
Plan for Education (2000/01–2003/04) aimed at promoting basic education sector,
and of the “Education
for All” National Action Plan introduced in 2003 which is aimed specifically on
“access, quality and relevance” of education, but
remains seriously concerned at the following problematic aspects of the existing education system:
(a) Low
quality of education reflected in the high repetition and drop-out rates, which affect more girls than boys;
(b) Significant variation that exists in school enrolment
between urban and rural areas, and that the enrolment of children belonging to minority groups is particularly low;
(c) The limited length of compulsory
education, which ends at 4th Grade;
(d) Free
primary education is
not guaranteed in practice, as parents are required to cover the costs of uniforms, textbooks, stationery and other
supplies; and
(e) Majority of schools in
63. The Committee recommends
that the State party:
(a)
Improve the quality of the education system with a view to achieving
the aims mentioned in article 29.1 of the Convention and the Committee's
General Comments on the aims of education;
(b)
Introduce
human rights, including children's rights, into the school curricula, starting at the primary level;
(c)
Ensure that primary education free in practice by minimising all costs borne by parents;
(d)
Extend the years of the compulsory
education beyond 4th Grade to at least 6th Grade;
(e)
Strengthen its efforts to progressively ensure that girls as well as boys, from urban, rural and remote areas,
and those children belonging to minority groups all have equal access to educational opportunities;
(f)
Adapt school
curriculum to suit the particularities of the local communities, in particular,
for ethnic minority groups, and make use of local teachers to help children who
are experiencing language difficulties;
(g)
Take necessary measures to remedy the low quality of education and
to ensure efficiency in the management of education, in particular, by significantly increasing the resources allocated to education, hiring more qualified teachers and providing them with more opportunities for training;
(h)
Raise
awareness of the importance of early childhood education and introducing it into the general framework of education;
(i)
In light of article 12, encourage participation of children at all
levels of school life;
(j)
Build better infrastructure for schools; and
(k)
Seek assistance from UNICEF and UNESCO in the implementation of the above.
8.
Special protection measures
Refugee children/internally displaced
persons
64. The Committee notes that a large number of returnees from Bangladesh
to Northern Rakhine State have gone back to their villages of origin, but
remains concerned that some 850,000 Muslim residents in Northern Rakhine State and
large numbers of persons of Chinese or Indian decent throughout the country
remain stateless, rendering children of these families unable to benefit from the provisions
and principles of the Convention. The Committee is further concerned at the
very high number of children and their families who were internally displaced in Myanmar and that many were forced to seek asylum in neighbouring countries due to the armed insurgencies
taking place in various parts of Myanmar.
65. In light of articles 7, 22
and other relevant provisions of the Convention, the Committee recommends that
the State party:
(a)
Take the necessary measures to allow children and their families who have returned to
(b)
Strengthen its efforts to provide adequate assistance to internally
displaced children, including access to food, education and health and to
support the return home of internally displaced populations and their
re-integration into their communities;
(c)
prevent situations which force
children and their families to leave
(d)
Ratify the 1951 Convention relating to the Status of Refugees and
1967 Protocol and the 1954 Convention
relating to the Status of Stateless Persons; and
(e)
Work closely in this regard with UNHCR and UNICEF.
Child soldiers/children affected by
armed conflict
66. The Committee welcomes the establishment of the Committee for the
Prevention of the Recruitment of Child Soldiers, but is deeply concerned
by the direct and indirect impact of the armed conflicts on children in the
State party. In particular, the Committee is extremely concerned at the use of
children below the age of 15 years as soldiers by both the governmental armed
forces and the armed groups as it has been repeatedly reported, notably in the last
report of the Secretary General on children and armed conflict to the Security
Council [S/2003/1053,
67. In light of articles 34, and 38 and other related articles of the
Convention, the Committee recommends that the State party:
(a) Strengthen its efforts to
end the armed conflict and to ensure that the protection and promotion of
children's rights are given due consideration in any peace negotiations;
(b) Prioritise the demobilisation and reintegration of all combatants under 18;
(c) Continue to take measures to
ensure that all military recruits meet the minimum age recruitment of 18 years
and that they enter voluntarily;
(d)
Ensure that all
armed groups reintegrated into the national armed forces adhere to the minimum age of recruitment of 18
years;
(e)
Develop, in collaboration with NGOs and international organisations, a comprehensive system of psychosocial
support and assistance for children affected by the conflict, in particular
child combatants, unaccompanied internally displaced persons and refugees,
returnees and landmine survivors, while ensuring their privacy;
(f)
Take effective measures to ensure that children affected by the
conflict can be reintegrated into the education system, including through non-formal education programmes and by
prioritising the restoration of school buildings and facilities and
the provision of water, sanitation and electricity in conflict-affected areas; and
(g)
Seek in this regard technical assistance from, inter alia, UNICEF.
Economic exploitation, including child
labour
68. The Committee notes that the 1993 Child Law prohibits child
labour, but is deeply concerned that economic exploitation is extremely
widespread in
69. In line with its previous
recommendations (Ibid., paras. 42 and
43), the Committee strongly recommends that the State party:
(a)
Adopt and implement a comprehensive national plan of action to prevent and combat child labour;
(b)
Amend, where necessary, and strengthen the implementation of the
labour laws, notably through prosecution of those who make use of forced
labour, and increase the number and quality of
labour inspectors;
(c)
Consider ratifying and implementing ILO Convention No. 138
concerning Minimum Age for Admission to Employment and ILO Convention No. 182
concerning the Prohibition and Immediate Action for the Elimination of the Worst
Forms of Child Labour; and
(d)
Continue to seek assistance from ILO through the Joint Plan of
Action for the elimination of forced labour, the ILO Liaison Officer and the ILO
Facilitator whose work should begin without delay, ensuring that clear and effective communication is
reinstated with the ILO.
Sexual exploitation
70. The Committee is concerned over the increasing number of child victims of
sexual exploitation, including prostitution and pornography, especially among
those engaged in child labour and street children. Concern is also expressed at
the programmes for the physical and psychological recovery and social
reintegration of child victims of such abuse and exploitation which remain insufficient and inadequate.
71. In light of article 34 and
other related articles of the Convention, the Committee recommends that the
State party:
(a)
Extend the protection from sexual exploitation and trafficking in
all relevant legislation to all boys and girls below the age of 18 years; and
(b)
Strengthen its
efforts to combat sexual exploitation in accordance with the 1996 Declaration
and Agenda for Action and the 2001 Global Commitment adopted at the World
Congresses against Commercial Sexual Exploitation of Children.
Trafficking in children
72. The Committee notes the various activities carried out by the State
party to combat human trafficking, such as the establishment of an inter-agency
working group on trafficking and targeted research and awareness raising
activities, yet remains concerned at the large number of children being
trafficked for their exploitation to neighbouring countries, notably
73. The Committee recommends
that the State party:
(a)
Formulate a National Plan of Action to combat trafficking;
(b)
Further strengthen the necessary measures to prevent and combat the sale and trafficking of children,
including awareness-raising campaigns and educational programmes, particularly
targeting parents;
(c)
Increase cross-border cooperation and collaboration with
neighbouring countries within the framework of the
(d)
Facilitate the reunification of child victims with their families
and provide adequate care and rehabilitation for them; and
(e)
Continue to seek assistance from, among others, UNICEF.
Street children
74. The Committee expresses its concern at the reports of an
increasing number of street children and of the lack of specific
mechanisms and
resources to address this situation and to provide
these children with adequate assistance.
75. The Committee recommends
that the State party:
(a) Carry out a study to assess the
scope, nature and causes of street children in the country in order to develop
a comprehensive policy for the prevention and reduction of this phenomenon;
(b) Provide street children,
wherever they are in the State party, with recovery and reintegration services and wherever necessary with adequate
nutrition, necessary healthcare and educational opportunities; and
(c) Seek assistance from, inter alia, UNICEF.
Administration of juvenile justice
76. The Committee is concerned at the limited progress achieved in
establishing a functional and adequate juvenile justice system throughout
the country. In particular, the Committee is concerned over:
(a) Absence of juvenile courts and juvenile judges,
and the lack of social workers and teachers who specialise in this
field;
(b) Overuse and long periods of pre-trial
detention, with no
established limits;
(c) Poor conditions of detention;
(d) Length of time before the hearing of juvenile
cases take place;
(e) Absence of assistance towards the
rehabilitation and reintegration of juveniles following judicial proceedings;
(f) Sporadic training of judges, prosecutors and
prison staff;
(g) Minimum age for criminal responsibility, which is far
too low (age 7);
(h) Lack of provision in the Child Law on ensuring legal assistance; and
(i) Legal sanctions imposed on children who commit
statutory offences such as begging.
77. The Committee recommends
that the State party take additional steps to reform the juvenile justice
system in the spirit of the Convention, in particular articles 37, 40 and 39,
and other United Nations standards in the field of juvenile justice, including
the United Nations Standard Minimum Rules for the Administration of Juvenile
Justice (the Beijing Rules), the United Nations Guidelines for the Prevention
of Juvenile Delinquency (the Riyadh Guidelines), the United Nations Rules for
the Protection of Juveniles Deprived of Their Liberty and the Vienna Guidelines
for Action on Children in the Criminal Justice System.
78. In line with its previous
recommendations (Ibid., para. 46) the
Committee recommends that within this reform, the State party
undertake, in particular, measures to:
(a)
Raise the age of criminal responsibility to an internationally acceptable age;
(b)
Ensure that all alleged offenders below the age of 18 are judged
according to a specific procedure, and do not receive the same sanctions as adults;
(c)
Ensure the
establishment of juvenile courts and appoint trained juvenile judges in all
regions of the country;
(d)
Limit by law
the length of pre-trial detention;
(e)
Provide children with legal assistance at an early stage of the
proceedings;
(f)
Protect the rights of children deprived of their liberty and improve
their conditions of detention and imprisonment, including child
sensitive and accessible independent system for complaints by children, and separate child offenders from children in need of special
protection;
(g)
Ensure that children remain in regular contact with their families
while in the juvenile justice system;
(h)
Introduce regular medical examination of inmates by independent
medical staff;
(i)
Introduce training programmes on relevant international standards
for all professionals involved with the system of juvenile justice;
(j)
Make every effort to establish a programme of rehabilitation and
reintegration of juveniles following judicial proceedings;
(k)
Review the procedure concerning the quasi-judicial decisions to send
children under the age of 18 to
training schools, without the possibility of appeals; and
(l)
Consider seeking technical
assistance from, inter alia, OHCHR and UNICEF.
Children
belonging to indigenous and minority groups
79. The Committee is deeply concerned over the situation of
the children of the
Bengali people residing in Northern Rakhine Region, also known
as the Rohingyas, and of children belonging to other
ethnic, indigenous or religious minorities, and in particular, that many of their rights are
denied, including the rights to food, to health care, to education, to survival
and development, to enjoy their own culture and to be protected from
discrimination.
80. The Committee urges the
State party to gather additional information on all ethnic minorities and other
marginalised groups, and to
elaborate policies and programmes to fully ensure the implementation of their rights without discrimination,
taking into account the Committee’s recommendations on the rights of indigenous children of its day of general discussion (CRC/C/133, para.
624).
9.
Optional Protocols
81. The Committee encourages
the State party to ratify and implement the Optional Protocols to the
Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography, and on the involvement of children in armed
conflict.
10.
Dissemination of documentation
82. In light of article 44,
paragraph 6, of the Convention, the Committee recommends that the second
periodic report and written replies be submitted by the State Party be made
widely available to the public at large and that the publication of the report
be considered, along with the relevant summary records and concluding
observations adopted thereon by the Committee. Such a document should be widely
distributed in order to generate debate and awareness of the Convention, its
implementation and monitoring within the Government, the Parliament and the
general public, including concerned non-governmental organisations. The Committee recommends that the State
Party request international cooperation in this regard.
11.
Periodicity of submission of reports
83. Finally, in light of the
recommendation on reporting periodicity adopted by the Committee and described
in its sessions reports CRC/C/114 and CRC/C/124, the Committee underlines the
importance of a reporting practice that is in full compliance with the provisions
of article 44 of the Convention. An important aspect of States parties’
responsibilities to children under the Convention is ensuring that the
Committee on the Rights of the Child has regular opportunities to examine the
progress made in the Convention’s implementation. The Committee recommends the
State party submit its next periodic report on