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SLORC's CHILD REPORT-1



SLORC'S INITIAL REPORT TO THE COMMITTEE ON THE RIGHTS OF THE
CHILD. THE DOCUMENT IS DIVIDED INTO SIX SECTIONS FOR EASY
DOWNLOADING.
 
 
THIS DOCUMENT SHOULD BE READ IN CONJUNCTION WITH THE
CONVENTION ON THE RIGHTS OF THE CHILD AND THE CONCLUDING
OBSERVATIONS OF THE COMMITTEE ON THE RIGHTS OF THE CHILD
ISSSUED ON 24 JANUARY 1997, FOLLOWING THE COMMITTEE'S
CONSIDERATION OF MYANMAR'S REPORT. THESE TEXTS WERE POSTED ON
REG.BURMA AND SOC.CULT.BURMA A FEW DAYS AGO.
 
 
INTO UN DOCUMENT CRC/C/8/Add.9, OF 18 SEPTEMBER 1995, THE
PRESENT TEXT INCORPORATES 138 CORRECTIONS AND AMENDMENTS SENT
TO THE UN CENTRE FOR HUMAN RIGHTS BY THE MYANMAR MISSION IN
GENEVA ON 26 MARCH 1996, SOME CHANGES ARE STYLISTIC, SOME
SUBSTANTIVE.
 
                            SECTION 1
 
 ..............................................................
 
UNITED
NATIONS
Distr.GENERAL
 
CRC/C/8/Add.9 (incorporating the ammendments of 26/3/96)
18 September 1995
                                           
ENGLISH ONLY
 
 
 
 
 
                 COMMITTEE ON THE RIGHTS OF THE CHILD
 
         CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
                  UNDER ARTICLE 44 OF THE CONVENTION
 
             Initial reports of States parties due in 1993
 
                               Addendum
 
                                MYANMAR
 
                                                            
[14 September 1995]
 
                               CONTENTS
 
                                                      
                                           Paragraphs   Page
 
I.  INTRODUCTION. . . . . . . . . . . . . .  1-20         5
 
A.   Land and people . . . . . . . . . . . . 1-6          5
 
B.   Political and economic system . . . . . 7-14         6
 
C.   Child-rearing practices and the social
     customs of Myanmar. . . . . . . . . . .15-20         7
 
 
II.   GENERAL MEASURES OF IMPLEMENTATION  . 21-42         8
 
A.   Measures taken to harmonize national 
     law and policy with the provisions of 
     the Convention . . . . . . . . . . . . 21            8
 
B.   The Child Law . . . . . . . . . . .    22-28         9
 
C.   Strengthening the implementation of 
     the Child Law . . . . . . . . . . . . .29-35        11
 
D.   Measures taken to involve the whole 
     community in the implementation of 
     the Convention  . . . . . . . .  . . 36-38          12
 
E.   International coordination and 
     cooperation . . . . . . . . . . . . .39-42          13
 
 
III. DEFINITION  OF THE CHILD . . . . . . 43-45          13
 
 
IV.  GENERAL PRINCIPLES . . . . . . . . . 46-56          14
 
A.   Non-discrimination (art. 2). . . . . 46-47          14
 
B.   The best interest of the child 
     (art. 3). . . . . . . . . .. . . . . 48-50          15
 
C.   The right to life, survival and 
     development (art. 6) . . . . . . . . 51-53          15
 
D.   Respect for the views of the child 
     (art. 12) . . . . . . . . . . . . .  54-56          17
   
 
V.   CIVIL RIGHTS AND FREEDOMS. . . . .  57-72          17
 
A.   Name and nationality (art. 7). . . . 57-59          17
 
B.   Preservation of national identity 
     (art. 8) . . . . . . . . . . . . . . 60-61          18
 
C.   Access to appropriate information 
     (art. 17). . . . . . . . . . . . . .  62-64         18
 
D.   Freedom of thought, belief and 
     religion (art. 14) . . . . . . . . . 65-66          20
 
E.   Freedom of association and peaceful 
     assembly (art.15) . . . . . . . . . .67-68          20
 
F.   Protection of privacy (art. 16). . . 69-70          20
 
G.   The right not to be subjected to 
     torture or other cruel, inhuman and 
     degrading treatment or punishment 
     (art. 37 (a)) . . . . . . . . . . . .71-72          21
 
 
 
VI.    FAMILY ENVIRONMENT AND ALTERNATIVE 
       CARE. . . . . . . . . . . . . . .  73-85          22
 
A.   Parental responsibilies (art. 18). . 73-74          22
 
B.   Separation from parents (art. 9) . . 75-76          23
 
C.   Family reunification (art. 10) . . . 77             24
 
D.   Children deprived of a family 
     environment (art. 20) . . . . . . . .78-79          24
 
E.   Adoption (art. 21) . . . . . . . . . 80-81          25
 
F.   Illicit transfer and non-return of 
     children abroad (art. 11). . . . . . 82             26
 
G.   Abuse and neglect (art. 19), 
     including physical and psychological 
     recovery and social reintegration
    (art. 39). . . . . . . . . . . . . . .83-84          26
 
H.   Periodic review of placement 
     (art. 25) .  . . . . . . . . . . . . 85             28
 
 
VII. BASIC HEALTH AND WELFARE . . . . . . 86-97          29
 
A.   Survival and development 
     (art. 6, para. 2) . . . . . . . . .  86-87          29
 
B.   Disabled children (art. 23) .. . . . 88-90          30
 
C.   Health and health services (art. 24) 91-94          31
 
D.   Social security and child care 
     (art. 26) . . . . . . . . .. . . . . 95-97          35
 
 
VIII.    EDUCATION, LEISURE, RECREATION 
         AND CULTURAL ACTIVITIES . . . . .98-104         36
 
A.   Education, vocational education and 
     guidance (art. 28). . . . . . . . . .98-100         36
 
B.   Aims of education (art. 29). . . . . 101-102        40
 
C.   Leisure, recreation and cultural 
     activities (art. 31). . . . . . . .  103-104        41 
 
 
IX.    SPECIAL PROTECTION MEASURES. . . . 105-118        41
 
A.   Children in situations of emergency  105            41
 
B.   Children in conflict with the law    106-109        42
 
C.   Children in situations of 
     exploitation . . . . . . . . . . . . 110-116        44
 
D.   Children belonging to a minority 
     or an indigenous group. . . . . . . .117-118        46
 
 
X.    CONCLUSION . . . . . . . . . . . . .119-129        47
 
                             List of annexes*
 
Map of the Union of Myanmar
 
Organization of National Committee
 
Formation of National Committee on the Rights of the Child
 
Announcement No. 15/93
 
 
 
     *  The annexes may be consulted in the files of the
Secretariat.
 
 
 
                             Introduction
 
                         A. Land and people
 
 1. The Union of Myanmar is located in South-East Asia within
longitude  90  10' east to 101  11' east and latitude of 9 
30' north to 28  31'north with  an area of 261,228 square
miles (676,577 sq km).  Myanmar is bounded by the  People's
Republic of China and the Lao People's Democratic Republic in
the  east, Thailand in the south-east, the People's Republic
of Bangladesh and the Republic of India in the west.  The
total length of the international boundary  with the
neighbouring countries is 3,826 miles (6,157 km).  The Andaman
Sea and the Gulf of Martaban are situated in the south of the
Union and the Bay of  Bengal in the west.  The coastal regions
of Myanmar are the Rakhine coast, the  Delta region and the
Tanintharyi coastal strip with a length of 1,385 miles  (2,228
km). 
 
 2. Two thirds of the total area of Myanmar lies in the 
tropical zone and the  remaining one third in the temperate
zone.  The country is located in the tropical monsoon region
with three seasons, the hot season, the rainy season and  the
cold season.  The total estimated population of Myanmar in
1992/93 is 42,330,000 with 20,980,000 males and 21,350,000
females.  The total population  of young people under 15 years
is 14,900,000, the working population between the ages of 15
and 59 years is 24,660,000 and the population above 60 years
is  2,770,000.
 
 3. The Union of Myanmar is divided into 7 states (Kachin,
Kayin, Kayah,  Chin, Mon, Rakhine, Shan) and 7 divisions
(Saging, Tanintharyi, Pago, Magwe, Mandalay, Yongon,
Ayeyarwaddy). There are altogether 135 national groups, that
include Kachins, Kayins, Kayahs, Chins, Mons, Barmars, 
Rakhines, Kokans, Taungthus, Danus, Paos, Lahus, Was and
Akhas. The Bamars are the majority.  The majority of the
people are Buddhist and because of the freedom to embrace any 
religion, there are Christians, Muslims, Hindus and others. 
Some profess  animism and worship nats (spiritual deities)
according to their traditional  beliefs.  Religious festivals
of different faiths are held with the assistance of the
Government.
 
 4. Myanmar has abundant natural resources.  Agricultural and
forest products  were the two main products for export in the
year 1993/94. Apart from these  two resources, other natural
resources are crude oil, natural gas, wolfram,  gold, tin,
copper, jade, gem and coal.  Although Myanmar is an
agricultural  country, it is striving to become an agro-based
industrial country.  The  majority of the people (80 per cent
of the total population) are farmers  residing in rural areas. 
The economy of the country depends on the  agricultural
activities in rural areas and rice constitutes a principal
source  for generating foreign exchange.  The cultivable land
in the whole country is  20,860,000 acres with the production
target of 800 million baskets of paddy  set for the year
1993/94.  The State is trying its best to promote the
standard of living of the farmers and the country's economy
depends on the  agricultural activities.  According to 1992/93
data, the net productive value  of the livestock and fishery
sector is 4,098.8 million kyats.
 
 5. The inflation rate was 30 per cent on 31 March 1994; the
individual  per capita income in 1993/94 was kyats 1,272.  The
individual per capita  consumption rate was kyats 1,116 and
the net domestic product was K 3,459  (US$ 532.15).
 
 6. According to the data in 1993/94 the annual rate of
population growth was 1.88 per cent; the unemployment
rate was 4.12 per cent; and the  literacy rate was 78 per cent
according to 1990/91 data.
 
 
                  B.  Political and economic system
 
 7. The people of Myanmar have lived for thousands of years
under sovereign  Myanmar monarchs.  According to Myanmar
chronicles, its ancient history goes  back to 300 B.C. with a
multitude of small sovereign states such as Tagaung  and
Thaton.  When powerful monarchs ascended the throne, however,
these small sovereign States were united and an empire was
founded. Anawratha (A.D. 1044-1077) was the first king who
united the country and founded the First Myanmar  Empire.  The
Second Myanmar Empire was established by Bayintnaung (A.D
1551-1581)  in 1551, and the Third Myanmar Empire was founded
by Alaungpaya (A.D. 1752-1761)  in 1752. 
 
 8. Though customs may vary and languages differ, the various
national races have been living together as members of one
family in the land of Myanmar from time  immemorial.  They
have worked together and shared hardship and joy together.
When the country was threatened, they fought common enemies
together with  resolute will.  However, after the three
Anglo-Myanmar Wars in 1824, 1852 and 1885, the country fell
into servitude in 1885.
 
 9. Although Myanmar had to stay under colonial rule for more
than 100 years,  the spirit of the Myanmar people was never
vanquished.  Their courage and sense of nationalism enabled
them to fight against the colonialists with  whatever weapons
they could lay their hands on in order to regain their lost
independence. In 1941, the Burmese Independence Army (BIA) was 
formed under the leadership of General Aung San.  BIA, with
the collaboration of the Japanese Army, drove the British out
of the country. However, the Fascist Japanese were cruel to
the people and on 27 March 1945, the anti-Fascist revolution
began.  After the revolution, Myanmar fell again under British
rule but it regained its independence due to the concerted
efforts of all the races of the country on 4 January 1948.  
 
 10.     After regaining independence from the colonialists,
the country was  governed according to the 1947 constitution.  
When the country was on the brink of destruction, the armed
forces stepped in and formed a caretaker government on 28
September 1958.  General elections were held in 1960 and
power was handed back to the politicians.  In 1962, there
arose a demand for federal rule which caused deep divisions
within the country and led to a secessionist movement.  To
avoid bloodshed between the national races, the armed forces
once again took over the power of the government on 2 March
1962.  On 4 July of the same year, the Burma Socialist
Programme Party was founded. On 3 January 1974 a new
constitution was promulgated.
 
 11.     In 1988, because of machinations of internal and
external destructive elements, the country was on the brink of
disaster and once again, on September 18, the armed forces
took over State power to safeguard the lives and interests of
the people and formed a new government under the State Law and
Order Restoration Council (SLORC). SLORC launched a
multi-party democracy system and introduced economic changes
based on a market-oriented economy.  The economy of the
country was deteriorating rapidly in 1985/86 because of
regression of trade with other countries and the weakness of
the centrally controlled economy; there was a decrease in the
production of goods and also in investments. After taking up
the responsibilities of the State, SLORC declared to undertake
the four main duties, one of which was to hold a general
election.  Thus, a multi-party democratic election commission
law was promulgated on 21 September 1988. The general election
was held successfully on 27 May 1990. The National  Convention
to lay down basic principles for drafting a new and enduring
constitution began its work on 9 January 1993.
 
 12.     After taking over the duties of the State on 18
September 1988, SLORC stated in Declaration No. 3/88 that
it would continue to practice an independent and active
foreign policy.  This declaration reaffirms Myanmar's stand
on foreign affairs and the continuity of its policy. The
continuity of Myanmar's foreign policy is evident since its
basic principles are based on the principles and purposes of
the Charter of the United Nations.  They  include, among
others, the five principles of peaceful coexistence, non-
alignment, respect for international peace and security,
friendly relations with all nations on the basis of mutual
respect and equality in spite of differences in political and
economic systems, and analysing each international issue on
its merits.  Since domestic political and socio-economic
policies reflect on foreign policy the country's adoption of a
market-oriented economy and multi-party democracy are new
initiatives in Myanmar's foreign policy. 
 
 13.     As a result of Myanmar's transformation from the
socialist economic system to a market-oriented economic
system, private entrepreneurs, foreign companies, as well as
joint ventures have flourished alongside the State sector. 
Trade relations between Myanmar and other countries have also
developed.  Due to the overall restructuring and development
policy of the Government, there is progress in the promotion
of trade and an increase in the volume of trade with foreign
countries.  It also creates a favourable climate for foreign
investment. 
 
 14.     Beginning in 1989/90 side by side with the economic
transformation, plans have been drawn up for social
development.  The Foreign Investment Commission  was formed to
develop the economy of the country, to increase income from 
exports, to acquire high technology and skill and to promote 
foreign investment.  Social development can take place only
when there is political and economic stability.
 
 
    C.  Child-rearing practices and the social customs of
Myanmar 
 
 15.     The preachings (teachings) of the Lord Buddha have a
vast influence on the social customs of Myanmar as the
majority of the people of the country are Buddhists.  The Lord
Buddha preached that looking after the welfare of the child is
the duty of the parent.  Women in maternity often pray to the
Lord Buddha for the welfare of the child and to have the
blessings from the three Gems.  The father also is responsible
for the mental and physical development of the child and thus
has to plan an appropriate healthy environment for the child. 
 
 16.     The Lord Buddha stated in his preachings that parents
are the first  teachers of the child and thus in Myanmar
culture, parents are regarded to be mainly responsible for the
all-round development of the child.  Children are  highly
valued and thought to be the most important property of the
parents,  often referred to as "the precious jewels".  The
duties of the parents laid  down by the Lord Buddha are:  (a)
to restrain the child from vice; (b) exhort him to virtue; (c)
train him to a profession; (d) in due time hand over his 
inheritance; (e) contract a suitable marriage for him.  It is
the custom of the people of Myanmar to carry out these duties
cheerfully as children are regarded as gifts of one's destiny
given to mortals to have joy and happiness in the family.  The
parents' task of taking good care of their children has 
always been a Myanmar custom since the early days of Myanmar
history.
 
 17.     The extended family pattern is still practised in
Myanmar and thus the child receives loving care not only from
the parents but also from relatives such as the grandparents,
aunts and uncles who share the same home. 
 
 18.     An excellent custom in Myanmar is the community
participation in looking after the child.  The teachers not
only teach academic subjects but also teach and train the
child to become an outstanding person with a good moral
character.  The curriculum also includes materials for moral
development.  Parents in the rural areas put their child in
the care of monks at the monasteries.  Up to the present day,
the monks not only educate the child to read and write but
also teach moral lessons.  Religious classes for children are
held in various townships during the holidays to promote the
moral development of the children.
 
 19.     Abandoned children and orphans are taken care of by
the monasteries and the communities.  Monastic education is
now established not only in the rural areas but also in the
towns and cities.  The system enables the child to learn moral
lessons as well as academic lessons.  Child caring is done not
only by the State organizations but also by other voluntary
non-governmental organizations.  The Myanmar Red Cross Society
and the Union Solidarity and Development Association are also
undertaking programmes to enhance the moral development of the
youths.
 
 20.     Children's Day is commemorated annually on 13
February, the birthday of the leader of the country, General
Aung San. Story-telling contests, poem-recitation contests and
sports activities are held at the schools and also at
nurseries and day-care centres under the Department of Social
Welfare with a view to promoting the cognitive development of
the child.