UN CHILD COMMITTEE-CONCLUSIONS

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Distr. GENERAL
 
CRC/C/15/Add.69
January 1997
 
Original:  ENGLISH
 
 
 
 
              COMMITTEE ON THE RIGHTS OF THE CHILD
                                
                       Fourteenth 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: Myanmar
 
 
1. The Committee considered the initial report of Myanmar
(CRC/C/8/Add.9) at its 357th to 360th meetings
(CRC/C/SR.357-360), held on 15 and 16 January 1997 and
adopted* the following concluding observations:
 
A. Introduction
 
2.  The Committee expresses its appreciation to the State
party for the submission of written answers to the list of
issues (CRC/C/Q/Mya.1).  The Committee notes that the report,
although following the thematic structure for reporting set
out in the general guidelines, was incomplete in its
appreciation of the situation of children in the country since
it did not incorporate an assessment of factors and
difficulties impeding the enjoyment of the rights of the
child.
 
 B.  Positive factors
 
 3.     The Committee welcomes the fact that the State party
has withdrawn its reservations  on articles 15 and 37 of the
Convention on the Rights of the Child.
 
 4.     The Committee is encouraged by the fact that the State
party has  adopted a National  Plan of Action and established
a National Committee on the Rights of the Child in 1993.
 -----------------------------------------
 
 * At the 372nd meeting, held on 24 January 1997.
 
 
 5.     The Committee welcomes the enactment of a national law
on the protection of children  in 1993.
 
 C.     Factors and difficulties impending the implementation
of the Convention 
 
 6.      The Committee notes that the State party has been
deeply affected by years of internal conflict that have
gravely disturbed some regions of the country. Violence and
instability have  had a considerable negative impact on the
situation of children in Myanmar: many of them have been
subjected to various forms of violations of their rights and
have been forced to flee  areas affected by such violence.
 
 7. The Committee further notes that several years of
unfavourable economic conditions in  the State party have
adversely affected the situation of the most vulnerable groups
in society.
 
 D. Principal subjects of concern
 
 8. The Committee is concerned about the lack of conformity
between the existing national legal framework and the
principles and provisions of the Convention, namely the
Citizenship Act, the Village and Towns Acts and the Whipping
Act. The Committee is also concerned by the fact  that the
laws related to freedom of expression and association and some
sections of the Child Law on Child Labour raise doubt as to
their conformity with the provisions of the Convention. It is
also of the opinion that the law concerning juvenile justice
is not guided by the Convention and other relevant
international instruments. The age of criminal responsibility,
at present seven years of age, is too low; torture is not
clearly prohibited by existing legislation and no complaint
procedure for children exist. The Committee is also worried
that the law prohibiting discrimination does not fully 
conform with article 2 of the Convention by not explicitly
protecting children from discrimination  "on the basis of ...
political or other opinion ..., ethnic or social origin ...,
disability" of the child or his/her parents and . Finally, the
Committee is concerned that human rights of children are not
yet  integrated in a fundamental body of law.
 
 9.  The Committee is concerned that the Convention on the
Rights of the Child and the National Plan of Action have not
yet been translated into concrete programmes, sectoral
policies and allocation of necessary resources to ensure the
implementation of the rights recognized in the Convention
throughout the country.  Lack of evaluation and monitoring
systems are also a matter  of concern.
 
 10.     The Committee, while recognizing the efforts
undertaken by the State party in the collection of data, is
concerned that the system of data collection does not
adequately disaggregate information so as to reflect the
situation of All children, particularly those belonging to the
most disadvantaged groups, including children belonging to
minority groups, children living in remote  areas, disabled
children, children living and/or working in the street,
children placed in institutions, including institutions of a
penal nature, ill-treated and abused children or children from
economically disadvantaged groups. Such disaggregated data
would contribute in designing policies and programmes for the
effective and full implementation of the provisions of the
Convention.
 
 11.      Furthermore, the Committee is also concerned at the
lack of an integrated strategy on children as well as of a
fully effective monitoring mechanism for All areas covered by
the Convention, and in relation to All groups of children in
urban and rural areas, especially those affected by the
consequences of the economic problems and by the internal
conflict.  
 
 12.   As regards the implementation of article 4 of the
Convention, the Committee notes with concern the inadequacy of
measures taken to ensure the implementation of children's
economic, social and cultural rights to the maximum extent of
available resources. The Committee expresses particularly
concern at the insufficient budget allocation for social
expenditures, in particular in favour of children belonging to
the most disadvantaged groups of the population.  
 
 13.    The Committee is also concerned that the general
principles of the Convention, as laid down in its articles 2
(right to non-discrimination), 3 (best interests of the
child), 6 (right to life, survival and development) and 12
(respect for the views of the child), are not being applied
and duly  integrated into the implementation of All articles
of the Convention. The Committee is concerned that these
principles are not adequately reflected in legislation and
therefore are not properly integrated in All decisions and
actions concerning children, including on the administrative
and judicial levels Concern is also expressed at the status
and situation of children belonging to ethnic and religious
minority groups, the girl child and children living in rural
and remote areas. The insufficiency of measures taken by the
authorities to prevent and combat discrimination against 
those groups of children is also a matter of concern. 
 
 14.   With regard to the implementation of articles 2 and 3
of the Convention, the Committee is seriously concerned by the
fact that the national identity card is explicitly mentioning
of the religion and of the ethnic origin of each citizen,
including children. It is also seriously concerned by the fact
that the Citizenship Act establishes three different
categories of citizenship and therefore some categories of
children and their parents might be stigmatized and/or denied
certain rights.
 
 15.   The Committee is concerned by the insufficient measures
taken by the authorities to raise awareness and to provide
education on the Convention on the Rights of the Child to
adults and children alike. The fact that the Convention is not
translated in All national languages and therefore not
accessible to All children living in the territory of the
State party is also a matter of concern.
 
Finally, the lack of knowledge on the Convention among
professional groups working for and with children, including
judges, lawyers, law enforcement and army personnel, health
professionals, teachers, social workers,  personnel working in
child care institutions for children.
 
 16.   In the light of articles 13, 14 and 15, the Committee
is concerned that the State party has not taken All legal and
other appropriate measures to promote and implement those
rights. Of particular concern is the fact that children
considered poor are channeled towards monastic Buddhist
schools and are offered no alternative educational
opportunity. This might challenge the right to freedom of
religion for non-Buddhist children who are enrolled in those
monastic Buddhist schools. Deep concern is also expressed by
the Committee with regard to the right of  children to freedom
of speech, association and peaceful assembly.  Moreover, the
Committee is seriously concerned by the recent closure of some
high-schools. 
 
 17.    The Committee is concerned by the existing legal
framework and procedures set to regulate adoption which are
not in full conformity with the principles and provisions of
the Convention, especially its articles 3 and 21.
 
 18.   The Committee expresses its concern about the high rate
of infant mortality, malnutrition, as well as the low level of
health services which are partly due to poverty, deep
disparities between urban and rural communities and the impact
of the internal conflict. The Committee is also worried about
the insufficient measures  to offer appropriate and accessible
social, rehabilitation and educational services to disabled
children. 
 
 19.   With regard to the implementation of articles 28, 29
and 30 of the Convention, the Committee is concerned by the
high level of drop-out and repetition rates. It is also
concerned by the lack of resources in the field of vocational
training. Finally, the Committee is concerned by the
insufficient measures taken by the State party to provide
education in minority languages.
 
 20.   The Committee is seriously concerned by the impact of
years of internal conflict which has generated an important
instability in several regions of the country and resulted in
situations where families have been forcibly relocated or
displaced, or encouraged to cross borders to seek for
protection as refugees.  The rights of most children involved
in those population movements have not been properly addressed
and safeguarded. 
 
 21.   Reports from various sources concerning  cases of abuse
and violence perpetrated against children have raised grave
concern within the Committee, particularly regarding numerous
documented cases of rape of young girls by soldiers and
systematic cases of children forced into  labour, including as
porters.
 
 22.   Of equal grave concern to the Committee are the
numerous reported cases of forced and under-age recruitment of
child-soldiers.
 
 23.    The Committee is concerned by the fact that children
working in the family environment or in family enterprises are
not protected by law. The Committee is also concerned about
the abuse and exploitation  of adopted children, especially in
the area of child labour, and at the absence of legal
safeguards to protect them.
 
 24.   Furthermore, the Committee expresses its regret that
insufficient measures are being taken to address the problems
of child abuse, including sexual abuse, and the sale and
trafficking of children, child prostitution and child
pornography. It is especially concerned by the fact that a
 significant amount of  girls, and sometimes boys, are victim
of transnational trafficking to be sexually exploited in
brothels across the border.
 
 25.   In light of article 39 of the Convention, the Committee
is worried about the insufficient measures taken to provide
physical and psychological recovery and social reintegration
to children victim of any form of neglect, abuse and/or
exploitation, particularly victims of armed conflicts, sexual
exploitation and child labour.
 
 26.   The situation in relation to the administration of
juvenile justice and in particular its lack of compatibility
with articles 37, 39 and 40 of the Convention, as well as
other relevant standards such as the Beijing Rules, the Riyadh
Guidelines and the United Nations Rules for the Protection of
Juveniles Deprived of their Liberty, is a matter of serious
concern to the Committee. Severe conditions of detention, the
fact that deprivation of liberty is not used only as a measure
of last resort, the lack of access for the child to legal
assistance and judicial review and the absence of a monitoring
system are situations that remain a particular concern to the
Committee.
 
 27.   The Committee is worried by the lack of cooperation of
the State party with non-governmental and intergovernmental
organizations in the framework of existing international human
rights mechanisms. The Committee is concerned about the impact
of this situation on the daily life of every child living
under the jurisdiction of the State party.
 
 E.    Suggestions and recommendations
 
 28.   The Committee recommends that the State party undertake
a comprehensive review of the national legislation to bring it
into conformity with the principles and provisions of the 
Convention, especially in the areas of non-discrimination,
citizenship, freedom of association, corporal punishment,
child labour, adoption and the administration of juvenile
justice. The Committee also recommends that the Citizenship
Act, the Village and Towns Acts and the Whipping Acts be
repealed. Laws relating to the right to non-discrimination,
freedom of association, child labour and juvenile justice
should be adequately amended to be fully compatible with the
provisions and principles of the Convention. The Committee
recommends that the State Party take All necessary measures to
fully reflect the rights recognized by the Convention in a 
fundamental body of law. 
 
 29.   The Committee recommends that the State party reinforce
at All levels the role of the National Committee for the
Rights of the Child in the implementation of the Convention.
The State party should take All necessary measures to fully
integrate the Convention on the Rights of the Child and the
National Plan of Action in All programmes and sectoral
policies.
 
 30.    The Committee also recommends that the State party
gathers All necessary data and statistics on the situation of
children in the various areas covered by the Convention,
including on children belonging to the most vulnerable groups. 
 
 31.   The Committee further recommends that a
multidisciplinary monitoring system be established to assess
the progress achieved and difficulties encountered in the
realization of the rights recognized by the Convention at the
central and local levels, and in particular to monitor
regularly the effects of economic change and armed conflicts
on children.  Such a monitoring system should enable the State
to shape appropriate and comprehensive policies to protect
 vulnerable groups and to bridge existing disparities between
urban and rural areas.  Efforts should be made to ensure
implementation of policies and measures for the promotion and
protection of the rights of the child, in cooperation with
United Nations bodies and specialized agencies, including the
Special Rapporteur on the Situation of Human Rights in Myanmar
and other existing international mechanisms, the High
Commissioner/Centre for Human Rights, UNESCO, UNICEF, WHO and
ILO. 
 
 32.   The Committee recommends that the State party, in the
light of articles 2, 3 and 4 of the Convention, undertake All
appropriate measures to the maximum extent of its available
resources to ensure that sufficient budgetary allocation is
provided to social services for children and that particular
attention is paid to the protection of children belonging to
vulnerable and marginalized groups.  In this regard, the
Committee suggests that the "child-impact" of decisions taken
by the authorities be assessed on an ongoing basis.
 
 33.   With regard to the full implementation of the
principles laid down by articles 2, 3, 6 and 12 in the
Convention, the Committee suggests that the State party fully
integrate them in All its policies, laws, actions and
programmes affecting children at All levels including on the
administrative and judicial levels, especially with regard to
children belonging to ethnic and religious minority groups,
the girl child, disabled children and children living in rural
and remote areas.
 
 34.   In the field of the right to citizenship, the Committee
is of the view that the State party should,  in the light of
articles 2 (non-discrimination)  and 3 (best interests of the
child),  abolish the categorization of citizens, as well as 
mention on the national identity card of the religion and of
the ethnic origin of citizens, including children. In the view
of the Committee,  All possibility of stigmatization and
denial of rights recognized by the Convention should be
avoided. 
 
 35.   While encouraged by initiatives taken by the
authorities to raise awareness on the Convention, the
Committee recommends that the State party launch a systematic
information campaign, for both children and adults, on the
Convention on the Rights of the Child. Consideration should be
given to the incorporation of the Convention in the school
curricula and appropriate measures should be taken to
facilitate access by children to information produced on their
rights.  The Committee suggests that the State party develop a
comprehensive training programme, especially focusing on child
abuse, for professional groups working for and/or with
children, including judges, lawyers, law enforcement and army
personnel, health professionals, teachers, social workers, 
personnel working in child care institutions for children. In
this regard, the Committee suggests that the State party 
envisage cooperation with United Nations bodies and
specialized agencies, UNICEF and national and/or international
non-governmental organizations.
 
 36.    The Committee recommends that the national law and
practice with regard to adoption be made to fully conform with
the Convention, including the principle of the best interests
of the child (art. 3). The Committee also suggest that the
State party envisage ratifying the Hague Convention on
Protection of Children and Cooperation in respect of
Intercountry Adoption (1993).
 
 37.   The Committee recommends that the State party take All
appropriate measures, including legal means, to fully
implement articles 13, 14 and 15 of the Convention. It
suggests that the State party give an alternative education
choice to non-Buddhist poor children and that the State party 
take All measures to fully guarantee  freedoms of association
and speech as well as the right to peaceful assembly.
 
 38.   The Committee recommends that the State party take All
appropriate measures to provide access to health services in
All the territory of the country and to All children,
including the ones living in the most remote areas as well as
the ones belonging to minority groups. The State party should
also take appropriate action to offer better protection and
access to social services to physically and mentally disabled
children.
 
 39.   The Committee further recommends that the State party
take All appropriate measures, including by reinforcing
existing international cooperation programmes, to reduce the
level of school drop-out and the repetition rate. It also
recommends that the State party allocate resources to
translate school materials into minority languages with the
objective to encourage, in the appropriate regions, schools
and teachers to provide education in minority languages.
 
 40.   While welcoming the recent peace agreements between the
Government and a great majority of rebel armed groups in the
country, the Committee strongly recommends the State party to
prevent any occurrence of forced relocation, displacement and
other types of involuntary population movements which deeply
affect families and the rights of children. The Committee also
recommends that the State party reinforce its central tracing
agency to favour family reunification.
 
 41.   Furthermore, the Committee strongly recommends that All
reported cases of abuse, rape and/or violence against children
committed by members of the  armed forces be rapidly,
thoroughly and systematically investigated. Appropriate
judicial sanctions should be applied to perpetrators and wide
publicity should be given to such sanctions.
 
 42.   The Committee strongly recommends that the army of the
State party should fully refrain from recruiting under-aged
children, in the light of existing international human rights
and humanitarian standards. Forced recruitment of children
should also be in All cases abolished as well as their
involvement in forced labour.
 
 43.   In view to fully protect children working within their
family, the Committee recommends that the State Party amend
appropriately its existing legislation. The Committee also
recommends that the authorities take All necessary measures to
prevent and combat, by legal or any other appropriate action,
the exploitation of adopted children including through labour.
 
 44.   The Committee also recommends that the State party
takes All appropriate measures to prevent and combat child
abuse, including sexual abuse, and the sale and trafficking of
children, child prostitution and child pornography. The
Committee is encouraging the establishment of bilateral
agreements between concerned parties to prevent and combat
transnational trafficking and sale of children for sexual
exploitation.
 
 45.   The Committee recommends that All necessary measures be
taken by the State party to fully implement article 39 of the
Convention, especially to promote the physical and
psychological recovery and social reintegration of children
victims of armed conflict, abuse and neglect, any form of
violence, including rape, child labour and forced labour,
sexual exploitation and trafficking and sale. The Committee
would like to suggest that the State party consider seeking
international assistance in this area of rehabilitation from
appropriate UN bodies including UNICEF,  specialized agencies
and non-governmental organizations.
 
 46.     The Committee recommends that the State party
envisage undertaking a comprehensive reform of the system of
juvenile justice in the spirit of the Convention, in
particular articles 37, 39 and 40, and of other United Nations
standards in this field, such as 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)
and the United Nations Rules for the Protection of Juveniles
Deprived of their Liberty. Particular attention should be paid
to deprivation of liberty only as a measure of last resort and
for the shortest possible period of time, to ensuring humane
conditions of detention, taking into account the specific
needs of children including separation from adults detainees,
to the rights of the child to legal assistance and judicial
review, to due process of law and to the full independence and
impartiality of the judiciary.  Training programmes on the
relevant international standards should be organized for All
those professionals involved with the system of juvenile
justice. An  independent monitoring mechanism, national and/or
international, should  guarantee the full implementation of
those rights. Finally, the Committee would like to suggest
that the State party consider seeking international assistance
in this area of the administration of juvenile justice from
the High Commissioner/Centre for Human Rights and the Crime
Prevention and Criminal Justice Division of the United Nations
(Vienna).
 
 47.   The Committee encourages dialogue and international
cooperation, especially in the field of human rights,
including those of children, between the State party and the
international community. The Committee recommends that, in the
spirit of international cooperation in the area of human
rights, including children's rights, the State party implement
All the recommendations made by the Special Rapporteur on the
Situation of Human Rights in Myanmar. While appreciating the
fact that the Union of Myanmar is a State party to the
Convention on the Rights of the Child, the Committee also
suggests that it envisage ratifying other major international
human rights treaties. 
 
 48.   The Committee recommends that in accordance with
article 44, paragraph 6 of the Convention, the initial report
presented by Myanmar be made widely available to the public at
large and that consideration be given to publication of the
report along with the relevant summary records and the
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 and the
general public, including concerned non-governmental
organizations.