|
“
CRC/C/15/Add.157
8 June 2001
UNEDITED VERSION
COMMITTEE ON THE RIGHTS OF THE CHILD
27th Session
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
CONCLUDING OBSERVATIONS OF THE COMMITTEE ON THE
RIGHTS OF THE CHILD: BHUTAN
1. At its 715th and 716th meetings (see CRC/C/SR. 715-716), held on 5
June 2001, the Committee on the Rights of the Child considered the
initial report of Bhutan (CRC/C/3/Add.60), which was received on 20 April
1999, and adopted1 the following concluding observations.
A. INTRODUCTION
2. The Committee notes that the initial State party report was prepared
according to the Committee's guidelines for reporting. It notes the
timely submission of the informative written answers. The Committee
further notes with appreciation the presence of a high-level and cross-sectoral delegation, which contributed to a frank and open
dialogue.
B. POSITIVE ASPECTS
3. The Committee notes that the consideration of the initial report of Bhutan marked the first occasion that the State party had appeared before
a human rights treaty-body.
4. The Committee welcomes the progress made at the Joint Verification
Talks and the commencement of the verification process of the refugees in
Nepal. It further welcomes the undertaking made by the head of the State
party's delegation to convey to the Government the Committee's concerns
on the need to accelerate the process.
5. The Committee welcomes the incorporation in the State's development
plans of the goals contained in the World Declaration and Plan of Action
from the 1990 World Summit for Children.
6. The Committee welcomes the establishment of the Department of Legal
Affairs, which is an important step in consolidating the rule of law in
the State party.
7. The Committee welcomes the establishment the Youth Development Fund
and the Health Trust Fund.
8. The Committee appreciates the cooperation of the State party with UN
agencies and other international organizations, such as the formulation
and signing of a Master Plan of Operations in cooperation with UNICEF.
9. The Committee welcomes the holistic approach undertaken by the State
party in formulating policies and programmes relating to aspects of the
Convention (e.g. multi-sectoral strategies, such as the Comprehensive
School Health Programme, involving the education and health sectors), and
their child-focused approach.
C. FACTORS AND DIFFICULTIES IMPEDING THE IMPLEMENTATION OF THE CONVENTION
10. The Committee acknowledges that difficult topography (i.e. difficult
mountainous terrain); the relative recency of socio-economic development;
the pressures posed by high population growth on the provision of social
services; and the shortage of human and economic resources, are factors
impeding the implementation of some provisions of the Convention.
11. The Committee notes the challenges posed by the State's aspirations
to maintain its unique culture and identity amidst increasing development
and openness, and within the regional context.
D. PRINCIPAL SUBJECTS OF CONCERN AND COMMITTEE RECOMMENDATIONS
D.1. GENERAL MEASURES OF IMPLEMENTATION
Legislation
12. While noting various legislative measures already taken or proposed
with respect to child rights (e.g. amendments to the 1980 Marriage Act,
the 1993 Rape Act, the draft Juvenile Justice Act, draft Civil and
Criminal Codes, and the draft Immoral Trafficking Act), the Committee is
concerned that they do not reflect a comprehensive rights-based approach
to the implementation of the Convention.
13. The Committee recommends the State party to:
* ensure the speedy promulgation of legislation relating to child rights;
* undertake a comprehensive review of existing legislation, from a
rights-based approach, to ensure its conformity with the principles and
provisions of the Convention; and
* consider adoption of a comprehensive children's code, which
incorporates the principles and provisions of the Convention.
Coordination
14. The Committee welcomes information that the government is planning to
review the implementation structure for the Convention, particularly
strengthening the role of the CRC Task Force. However, it is concerned
that the CRC Task Force is not yet operational.
15. In consideration of its review, the Committee recommends the State
party to:
* pursue the preparation and development of a comprehensive national plan
of action to implement its obligations under the Convention, through an
open, consultative, and participatory process;
* ensure that the CRC Task Force is responsible for intersectoral
coordination and cooperation (at and between national and local levels of
government), dissemination and training of the Convention, coordination
of NGO activities in the implementation of the Convention, as well as
coordination in the preparation of State party reports; and
* ensure that the CRC Task Force is adequately resourced (e.g.
financially and professionally).
Cooperation
16. Noting good government cooperation in development and welfare sectors
with national associations, bilateral aid agencies, international
organizations and NGOs, the Committee is concerned that insufficient
efforts have been made to involve civil society, particularly in the area
of civil rights and freedoms, in the implementation of the Convention.
17. The Committee recommends the State party to:
* consider a systematic approach to involve civil society, especially
children's associations, throughout all stages of the implementation of
the Convention, including with respect to civil rights and freedoms; and
* ensure that legislation regulating NGOs conform to international
standards on freedom of association, as a step in facilitating and
strengthening their participation.
Monitoring structures
18. The Committee is concerned at the absence of an independent mechanism
with the mandate of regularly monitoring and evaluating progress in the
implementation of the Convention, and empowered to received and address
complaints.
19. 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 (A/RES/48/134), to monitor and evaluate
progress in the implementation of the Convention at the national and at
the local levels. This institution should be accessible for children,
empowered to receive and investigate complaints of violations of child
rights in a child-sensitive manner, and effectively address them; and
* seek technical assistance from, inter alia, the Office of the High
Commissioner for Human Rights, UNICEF, and the European Network of
Ombudspersons for Children.
Budgetary allocation
20. While noting significant investments and increased budgetary allocation in the social sector, the Committee is still concerned that
insufficient attention has been paid to article 4 of the Convention
regarding the implementation to the "maximum extent of...available
resources" of economic, social and cultural rights of children.
21. The Committee recommends the State party to:
* develop ways to establish a systematic assessment of the impact of
budgetary allocations on the implementation of child rights;
* ensure multi-sectoral programmes are adequately funded;
* ensure the distribution to the maximum extent of available resources at
the national and local levels, and where needed, within the framework of
international cooperation; and
* consider obligations under the Convention in all aspects of its
negotiations with international financial institutions and other donors,
to ensure that economic, social and cultural rights of children, particularly children belonging to the most vulnerable groups, are well
observed.
Data collection
22. The Committee is concerned that disaggregated data of persons under
18 years relating to the rights contained in the Convention, is not
systematically collected and used effectively to assess progress and
design policies to implement the Convention.
23. The Committee recommends the State party to:
* establish a mechanism to systematically collect and analyze
disaggregated data of all persons under 18 years for all areas covered by
the Convention, including the most vulnerable groups (i.e. children of
different ethnicity, living in remote areas, children with disabilities,
children of economically disadvantaged households, etc.); and
* seek technical assistance from, inter alia, UNICEF, in this regard.
Training/Dissemination of the Convention
24. Noting some state efforts (e.g. radio programmes), the Committee is
concerned that awareness of the Convention amongst professionals working
with and for children, and the general public, including children remains
low. The Committee is concerned that the State party is not undertaking adequate dissemination and awareness-raising activities in a systematic
and targeted manner.
25. The Committee recommends the State party to:
* develop an ongoing programme for the dissemination of information on
the Convention and its implementation among children and parents, civil
society and all sectors and levels of government, including initiatives
to reach those vulnerable groups who are illiterate or without formal
education;
* develop systematic and ongoing human rights training programmes for all
professional groups working for and with children (e.g. judges, lawyers,
law enforcement officials, civil servants, local government officials,
personnel working in institutions and places of detention for children,
teachers, health personnel); and
* seek assistance from, inter alia, the Office of the High Commissioner
for Human Rights, and UNICEF.
D.2. DEFINITION OF THE CHILD
26. The Committee notes that the 1996 amendment to the Marriage Act of
1980 raised the age of marriage of girls to 18. It further notes
information from the delegation that courts, generally, interpret the law
to include persons under 18 as children for all purposes.
27. The Committee recommends the State party to review its legislation so
that the definition of the child, and minimum-age requirements conform to
the principles and provisions of the Convention, are gender neutral, are
explicit, and ensure that they are enforced by law.
D.3. GENERAL PRINCIPLES
The right to non-discrimination
28. The Committee is concerned at the disparities in the enjoyment of
rights experienced by children belonging to the most vulnerable groups
(e.g. children living in remote areas, belonging to other ethnic groups,
children with disabilities, and children from economically disadvantaged
households, etc.).
29. The Committee recommends the State party to:
* make greater efforts to ensure that all children within its
jurisdiction enjoy all the rights set out in the Convention without
discrimination, in accordance with article 2; and
* prioritize and target social services for children belonging to the
most vulnerable groups.
30. The Committee is concerned about the impact on children of reports of
discrimination of individuals belonging to the Lhotshampas. In
particular:
* reports that these children face de facto discrimination in access to
education and other services; and
* alleged discriminatory practices of children on the basis of status,
activities, or opinions of their parents, or relatives.
31. The Committee recommends the State party to:
* take effective measures, including enacting or rescinding legislation
where necessary, to prevent and eliminate discrimination in accordance
with article 2 of the Convention, in all fields of civil, economic,
political, social and cultural life;
* establish accessible, prompt, adequate and effective mechanisms to
monitor, receive and address complaints of discrimination (e.g. prompt
appeal in circumstances of denial of school enrolment); and
* take all appropriate measures, such as comprehensive public education
campaigns, to prevent and combat negative societal attitudes towards
different ethnic groups.
Respect for the views of the child
32. The Committee notes the State party's efforts to respect the views of
children in schools (e.g. 1997 school code of conduct). Nevertheless it
is concerned that traditional attitudes towards children in
society-at-large may limit the exercise of this right, especially within
the family.
33. The Committee encourages the State party to:
* continue to promote and facilitate within the family, the school, the
courts, and administrative bodies respect for the views of children, and
their participation in all matters affecting them in accordance with
article 12 of the Convention;
* develop skills-training programmes in community settings for teachers,
social workers, and local officials at the village-block level to assist
children to express their informed views and opinions, and to have them
taken into consideration; and
* seek assistance from, inter alia, UNICEF.
D.4. CIVIL RIGHTS AND FREEDOMS
Birth registration
34. Noting the difficulties imposed by terrain and settlement patterns,
the Committee is nevertheless concerned that the failure of timely birth
registration can have negative consequences on the full enjoyment of
fundamental rights and freedoms by children.
35. The Committee recommends the State party to:
* make greater efforts to ensure the timely registration of all births,
and issue birth certificates;
* carry out awareness-raising of registration in rural areas; and
* consider the establishment of mobile registration offices, and
registration units in schools.
Nationality
36. The Committee is concerned that under citizenship laws, a child of a
Bhutanese mother and non-national father must face a burdensome
naturalization process, whereas this is not required if the father is
Bhutanese.
37. The Committee recommends the State party to ensure the right of a
child to a nationality without discrimination of his or her parent's sex,
in accordance with article 2 and 7 of the Convention.
D.5. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
Family reunification
38. The Committee is concerned that as a result of events following the
census operation in the late 1980s, there may be children in southern Bhutan who are separated from their parents, and whose parents are
residing abroad as refugees.
39. The Committee recommends the State party to ensure that family
reunification is dealt with in a positive, humane and expeditious manner,
in accordance with article 10 of the Convention.
Violence/abuse/neglect/maltreatment
40. Noting the respect for children in Bhutan, the Committee is concerned
that there is insufficient information and awareness of the ill-treatment
of children in schools and within the family.
41. The Committee recommends the State party to:
* conduct a study to assess the nature and extent of ill-treatment of
children, and design policies and programmes to address it;
* take legislative measures to prohibit all forms of physical and mental
violence, including corporal punishment and sexual abuse against children
in the family, schools, and institutions;
* carry out public education campaigns about the negative consequences of
ill-treatment of children, and the promotion of positive, non-violent
forms of discipline as an alternative to corporal punishment;
* establish adequate and effective procedures and mechanisms to: receive
complaints; monitor, investigate, intervene where necessary, and
prosecute instances of ill-treatment; and ensure that the abused child is
not victimised in legal proceedings;
* train teachers, law enforcement officials, care workers, judges and
health professionals in identification, reporting and management of cases
of ill-treatment; and
* seek assistance from, inter alia, UNICEF and WHO.
D.6. BASIC HEALTH AND WELFARE
Right to health and healthcare
42. The Committee notes significant improvements in health indicators,
investments in the health sector, the establishment of basic health
units, outreach clinics and health volunteer programmes, and inclusion of
health education in the curricula. However, it is concerned about
problems in access to services, and the shortage of trained health
workers.
43. The Committee recommends the State party to:
* make greater efforts to ensure access to health services; and
* continue to allocate the required resources to address the shortage of
trained health workers.
44. Noting the State party's efforts to address adolescent health, such as the publication of pamphlets on reproductive and mental health, and
drugs, the Committee is concerned at the effectiveness of these efforts.
45. The Committee recommends the State party to:
* ensure adolescents have access to and are provided with education on
reproductive health and other adolescent health issues, as well as with
child-sensitive, and confidential counselling services;
* strengthen efforts of adolescent health education within the
educational system; and
* seek assistance from, inter alia, UNICEF, and WHO.
Children with disabilities
46. Noting some efforts by the State party concerning children with
disabilities (i.e. the pilot school for inclusive education and formation
of a parents support group in Thimpu; and a school for visually impaired
children), the Committee is concerned that children with disabilities, in
general, have inadequate access to specialised services and education,
and insufficient support for families.
47. The Committee recommends the State party to:
* conduct a survey to assess the causes and extent of disability of
children;
* review existing policies and practice in relation to children with
disabilities, taking due regard of the Standard Rules on the Equalization
of Opportunities for Persons with Disabilities (General Assembly
resolution 48/96) and of the Committee's recommendations adopted on its
General Discussion Day on "Children with Disabilities" (CRC/C/69);
* involve children with disabilities and their families in the
development of surveys and policy review;
* undertake greater efforts to make available the necessary resources
(e.g. professional and financial, including professional and financial
support to families);
* undertake greater efforts to promote and expand community-based
rehabilitation programmes, including parent support groups, and inclusive
education of children with all forms of disability; and
* seek assistance from, inter alia, UNICEF, and WHO.
D.7. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
Education
48. Noting significant achievements in education indicators, the
Committee is concerned: that primary education is not compulsory; there
is still a significant gender gap in enrolment; and with deficiencies in
access to education and the quality of teacher training.
49. The Committee recommends the State party to:
* ensure primary education is free and made compulsory;
* make greater efforts to close the gender gap; and
* allocate the required resources to address access to education, as well
as the quality of teacher training.
50. Noting with appreciating that the aims of education, are generally in
conformity with article 29 of the Convention, the Committee is concerned
that human rights education, including the Convention, is not included in the school curricula.
51. Taking due regard of General Comment 1 on the aims of education, the
Committee recommends the State party to:
* include human rights education in the curricula, in particular the
development and respect for human rights, tolerance and equality of the
sexes and religious and ethnic minorities; and
* seek assistance from UNICEF and UNESCO.
D.8. SPECIAL MEASURES OF PROTECTION
Refugees
52. While noting that the verification process of refugees in Nepal has commenced, the Committee is nevertheless concerned at the slow rate of
this process, and the serious and negative impact this has on the rights
of children residing in these camps, particularly given that repatriation
will begin only once all refugees have been verified.
53. In accordance with the best interests of children residing in the
camps, their right to a nationality, and preservation of identity
(articles 3, 7 and 8 of the Convention), and with a view to reaching a
just and durable solution, the Committee recommends the State party to:
* make greater efforts to expedite the verification process, and consider
the possibility of repatriating individuals within a reasonable time
following individual verification;
* consider a mechanism to allow individuals to appeal against decisions;
* ensure that repatriation and resettlement of returnees are carried out
in safety and dignity, to their place of origin or choice;
* consider acceding to the 1951 Convention Relating to the Status of
Refugees, its 1967 Protocol, and the Conventions on statelessness; and
* in the best interests of the children, consider seeking assistance from UNHCR.
Armed conflict
54. The Committee is concerned at the low age of 15 as the age of
voluntary recruitment into the armed forces.
55. The Committee recommends the State party to consider raising this to
18.
56. The Committee expresses its concern at the negative impact on
children of reported armed insurgency in the south-central and
south-eastern parts of the country.
57. In light of article 38 and other relevant articles of the Convention,
the Committee recommends the State party at all times to ensure respect
for human rights and humanitarian law aimed at the protection and care of
children affected by armed conflict, and to provide care and physical
rehabilitation and psychological recovery measures for these children.
Child labour
58. The Committee is concerned at the absence of legislation on the
minimum age for admission to employment, as well as insufficient
information on children working, including in the informal sector, such
as agriculture. It is concerned that an increasing number of children are
dropping out of the school and taking up work in urban areas (e.g. as
waiters, bus attendants, in vehicle workshops, or as domestic workers).
59. The Committee recommends the State party to:
* undertake a national survey on the causes and extent of child labour;
* establish a minimum age of admission for employment in accordance with
the principles and provisions of the Convention, that is in conformity
with the age of completion of education, and ensure that it is enforced.
Employers should be required to have and produce on demand proof of age
of all children working on their premises.
* establish mechanism to monitor the implementation of standards, and
empowered to receive and address complaints of violations;
* carry out campaigns to inform and sensitise the general public,
especially parents and children, of work hazards;
* consider membership in the ILO.
Sexual exploitation
60. Noting the 1993 Rape Act and the draft Immoral Trafficking Act, the
Committee is concerned at the insufficient data and awareness of the
phenomena of sexual exploitation of children in Bhutan.
61. The Committee recommends the State party to:
* undertake a national study on the nature and extent of sexual
exploitation of children (i.e. sale of children, child prostitution and
child pornography) and that disaggregated data be compiled and kept up to
date to serve as a basis for designing measures, and evaluating progress;
* review its legislation and ensure that it criminalizes the sexual
exploitation of children, and penalises all those offenders involved,
whether local or foreign, while ensuring that the child victims of this
practice are not penalised;
* ensure that laws concerning the sexual exploitation of children be
gender neutral; provide remedies in the event of violations; ensure that
procedures are simplified so that responses are appropriate, timely, and
sensitive to victims; include provisions to protect from discrimination
and reprisals those who expose violations; and vigorously pursue
enforcement;
* establish rehabilitation and social reintegration programmes for child
victims of sexual abuse and exploitation;
* train personnel working with child victims; and
* carry out awareness-raising campaigns to sensitise and mobilise the
general public on the child's right to physical and mental integrity and
safety from sexual exploitation.
Administration of juvenile justice
62. While noting the establishment of the Youth Development and
Rehabilitation Centre, the Committee is nevertheless concerned with the
administration of juvenile justice. In particular it notes the absence of
information on the minimum age of criminal responsibility. The Committee
is also concerned that insufficient efforts have been made to ensure the
speedy adoption of the draft juvenile justice, and civil and criminal
procedure legislation.
63. The Committee recommends the State party to:
* to establish a minimum age of criminal responsibility in accordance
with the principles and provisions of the Convention;
* expedite the promulgation of the draft juvenile justice and procedure
laws;
* ensure that a system of juvenile justice fully integrates into its
legislation and practice the provisions of the Convention, in particular
articles 37, 40 and 39, as well as other relevant international standards
in this area, such as the Beijing Rules, 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;
* ensure that the deprivation of liberty is only used as a measure of
last resort, for the shortest possible time, and is authorised by the
court; children have access to legal aid and independent and effective
complaints mechanisms; and that persons under 18 are not detained with
adults;
* consider alternative measures to deprivation of liberty, such as
probation, community service, or suspended sentences;
* train professionals in the area of rehabilitation and integration of
children within and out of the system;
* seek assistance from, inter alia, the Office of the High Commissioner
for Human Rights, the Centre for International Crime Prevention, the
International Network on Juvenile Justice, and UNICEF through the
Coordination Panel on Juvenile Justice.
D.9. OPTIONAL PROTOCOLS TO THE CONVENTION ON THE RIGHTS OF THE CHILD
64. The Committee encourages the State party to ratify 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.
D.10. DISSEMINATION OF THE CONVENTION
65. Finally, the Committee recommends that in accordance with article 44,
paragraph 6, of the Convention, the initial report presented by the State
party be made widely available to the public at large and that
consideration be given to the publication of the report along with the
written answers to the list of issues raised by the Committee, the
relevant summary records of the discussion, and the concluding
observations adopted thereon by the Committee following its consideration
of the report. Such a document should be widely distributed in order to
generate debate and awareness of the Convention and its implementation
and monitoring within the Government, the Parliament and the general
public, including concerned non-governmental organisations.
1 At the 721st meeting, held on 8 June 2001.
|
