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SLORC's CHILD REPORT-2
SLORC'S INITIAL REPORT TO THE COMMITTEE ON THE RIGHTS OF THE
CHILD. THE DOCUMENT IS DIVIDED INTO SIX SECTIONS FOR EASY
DOWNLOADING.
SECTION 2
..............................................................
II. GENERAL MEASURES OF IMPLEMENTATION
A. Measures taken to harmonize national law and policy
with the provisions of the Convention
21. Myanmar became a party to the United Nations
Convention on the Rights of the Child on 15 August 1991 after
acceding to the Convention on 16 July 1991. The State Law and
Order Restoration Council promulgated the Child Law as a State
law on 14 July 1993 to implement the rights of the child
recognized in the Convention. The Government formed the
National Committee on the Rights of the Child to implement the
provisions of the law effectively and successfully. In 1990
plans of action were adopted for the survival, protection and
development of the children of Myanmar. The implementing
agency for the plan of action for the survival of the children
is the Department of Health; and the implementing agencies for
the plans of action for the protection and the development of
children are the Department of Education and the Department of
Social Welfare respectively.
B. The Child Law
22. Chapter V, section 8 of the Child Law states that
"The state recognizes that every child has the right to
survival, development, protection and care and to achieve
active participation within the community." Sections 65 and
66 state that the penalties of imprisonment for a term which
may extend to six months or with fine which may extend to K
1,000 for anyone who contravenes the Law. The Department of
Social Welfare has taken the responsibility to implement the
Early Childhood Development (ECD) project. In accordance with
this project, expansion of ECD centres, training courses for
child care givers and distribution of curricula and teaching
aids have been carried out by the Department.
23. With regard to children in especially difficult
circumstances (CEDC), the aim of the national plan of action
is to give appropriate protection to and promote the standard
of living of these children. In accordance with this aim,
orphans, children in especially difficult circumstances,
street children and disabled children are given proper
academic education and also vocational education. Plans of
action have been adopted and implemented for those children.
24. With regard to education, section 20 of the Child Law
states as follows:
"(a) Every Child shall have:
"(1) opportunities of acquiring education;
"(2) the right to acquire free basic education
(primary level) at state schools;
"(b) The Minister of Education shall implement:
"(1) a system of free and compulsory primary
education;
"(2) measures as may be necessary for regular
attendance at schools and the reduction of untimely
drop-out rates;
"(3) arrangements for children who are unable for
various reasons to attend schools opened by the
state, to become literate."
25. Under section (3) if the Basic Education Law
(1973), the objectives of the Basic Education are as
follows:
(a) To enable every citizen of the Union of Myanmar to
become a physical and mental worker well equipped
with a basic education, good health and good moral
character;
(b) To lay the foundations for appropriate vocational
education and training;
(c) To give priority to the teaching of science capable
of strengthening and developing the productive
forces;
(d) To give priority to the teaching of arts capable of
preserving and developing the culture, fine arts and
literature of the State;
(e) To build a firm base for the pursuance of university
education.
26. The Myanmar Naing-Ngan Education Committee was formed
in 1991 with a view to establishing an education
system compatible with the State's political,
economic and social system, and to uphold Myanmar's
cultural traits and contribute to the development of
the country. The Myanmar Naing-Ngan Education
Committee is undertaking the following duties:
(a) To advise the Government in enacting educational laws
which will support the perpetuation of the physical
integrity of the Union, national solidarity and
national sovereignty;
(b) To advise the Government in adopting educational
policies in line with the social, economic and
political system;
(c) To give guidance in implementing programmes to
promote the intellectual and technical advancement of
the people of Myanmar;
(d) To advise the Government in reviewing and amending
programmes in the educational sector if necessary;
(e) To give guidance in the cooperation with the
international development agencies, and educational
organizations for the implementation of educational
programmes.
27. Concerning the child's right to health, section 19
(a) of the Child Law states that every child has the
right to enjoy health facilities provided by
the State. Section 19 (b) states that the Ministry
of Health shall:
(a) Lay down and carry out measures for the survival
of the child, immunization of the child, breast-
feeding of the child,family planning, adequate
nutrition for the child, elimination of iodine
deficiency disease, school health and family health;
(b) Lay down and carry out appropriate measures for
the gradual abolition of traditional practices
prejudicial to the health of the child;
(c) Carry out measures to minimize the child
mortality rate and maximize the population of
healthy children.
28. A high-level National Health Committee has been
formed to promote and enhance the health standards of the
people of Myanmar.
C. Strengthening the implementation of the Child Law
29. The United Nations General Assembly adopted the
Convention on the Rights of the Child on 20 November 1989. On
16 July 1991, Myanmar became a party to the Convention
(with reservations on arts. 15 and 37). The National Seminar
on the Convention on the Rights of the Child was held at the
Institute of Nursing from 21 to 24 January 1992. The outcome
of the seminar was the decision to promulgate a new law to
safeguard the child's rights in line with the Convention. The
Child Law was enacted on 14 July 1993, and in accordance with
section 4 of the Law, which states that the Government shall
form the National Committee on the Rights of the Child, the
Committee was formed under notification order 15/93 issued on
30 September 1993. The Programme of Action for the Survival,
Protection and Development of Children and Women in Myanmar
for the period of 1991 to 1995 was also adopted. The
Departments of Health, Education and Social Welfare are
implementing these actions in collaboration with UNICEF.
30. Committees on the rights of the child are being
formed at the State, division, district and township levels in
accordance with section 6 of the Child Law. Juvenile court
(Yangon) for 20 townships within Yangon Division is
established in accordance with Order No. 87/93 dated 29 July
1993 of the Supreme Court. In accordance with section 40(b) of
the Child Law, the Supreme Court issued notification No. 25/93
on 29 July 1993 to confer powers of a juvenile judge on a
township judge in areas where juvenile courts have not been
established.
31. The withdrawal of the reservations on articles 15 and
37 of the Convention on 15 October 1993 by the Government of
Myanmar was duly notified to the Secretary-General of the
United Nations.
32. Under section 22 b (ii) of the Child Law, the
Ministry of Information has been given the task to educate and
disseminate through the mass media to ensure that children and
their parents or guardians are made familiar with the rights
and the moral values of the child. According to the programme
of action on early childhood development, the mothers of the
community were given training classes; early childhood
development centres were established; manuals on child-caring
were distributed to child care-givers; and educational classes
were held for the government personnel who are engaged in
child-caring services.
33. The National Committee on the Rights of the Child is
vested with the following duties and functions as stated in
chapter 4, section 5, of the Child Law.
(a) Protecting and safeguarding the rights of the child;
(b) Giving guidance as may be necessary in order that the
relevant government departments and organizations may
implement effectively and successfully the provisions of this
law;
(c) Cooperating and coordinating as may be necessary
activities of government departments and organizations,
voluntary social workers and non-governmental organizations
relating to children and reviewing from time to time the
progress made;
(d) obtaining assistance and cooperation of the United
Nations organizations, international organizations, voluntary
social workers or non-governmental organizations relating to
children;
(e) Giving guidance and supervision in obtaining
donations and material from local and foreign voluntary donors
and in making possible effective utilization of such donations
in the interests of children;
(f) Laying down and carrying out work programmes in order
to take preventive measures against occurrence of juvenile
crimes;
(h) Reporting to the Government from time to time on the
activities of the Committee;
(i) Carrying out functions and duties in respect of the
child as assigned by the Government.
34. In implementing the functions, the Committee may:
(a) Form State, division, district or township committees
on the rights of the child and determine the functions and
duties thereof;
(b) Supervise, guide and assist in the activities of the
Committees on the rights of the child formed under (a) above.
35. The allocation of office work and expenditure is as
follows:
(a) The office work of the Commitee shall be undertaken
by the Department of Social Welfare;
(b) The expenditures of the Committee shall be borne out
of the budget of the Department of Social Welfare.
D. Measures taken to involve the whole community in
the implementation of the Convention.
36. In addition to classes held for voluntary child
supervisors and in-service training for officers of the
Department of Social Welfare to implement the rights of the
child, activities relating to the rights of the child,
potection and care were explained and discussed at te
respective State, division and district levels.
37. The National Seminar on the Convention on the Rights
of the Child was held from 21 to 24 January 1992 under the
auspices of the Attorney General's Office with the
cllaboration of UNICEF. The Myanmar Medical Association,
with the collaboration of UNICEF, held a workshop on "The
Child's Right to Health" on 10 and 11 March 1992. A workshop
on "The Child's Right to Education" was also held as a joint
effort by the Department of Basic Education of the Ministry of
Education and UNICEF on 24 and 25 March 1992.
38. Activities involving the community in matters
concerning the implementation of the Convention on the Rights
of the Child have been promoted through the mass media.
E. International coordination and cooperation
39. After acceding to the Convention on the Rights of the
Child, representatives from Myanmar attended the Second
Regional Consultation on the Convention on the Rights of the
Child held in Beijing from 1 to 11 August 1992, the Third
Asian Conference on Child Abuse and Neglect held at
Kualalumpur from 7 to 11 January 1993, the Asia-Pacific
Training Programme on Monitoring and Reporting under the
Convention on the Rights of the Child workshop held at Bangkok
from 1 to 7 December 1993.
40. In accordance with the national programme, measures
have been taken by the Department of Social Welfare to
implement the activities for the development, protection and
care for the child by carrying out the activities of early
childhood development and projects for children in especially
difficult circumstances with the collaboration of UNICEF.
41. The primary education project and the non-formal
education project are implemented by the Ministry of Education
with the collaboration of UNICEF. Functional literacy and
skill-based literacy systems are being implemented in the
non-formal education project. The Primary Education Project
is aimed at the regular attendance of children in primary
schools and a reduction in the number of school drop-outs.
Investigations on children who do not attend primary school
and on drop-outs were undertaken by the Department of Basic
Education and UNICEF in 1990 and 1992.
42. The Child Survival Project, the Disparity Reduction
Project, the Innovative Activities Project and the System
Development Project are carried out under the Health and
Nutrition Project by the Ministry of Health with the
collaboration of UNICEF. Apart from these projects, the
Rural Water Supply Project, the Handpump Manufacture Project
and the Environmental Sanitation Project are carried out under
the Water and Environmental Sanitation Project.
III. DEFINITION OF THE CHILD
43. According to section 37- A (iii) of the Myanmar
Merchant Shipping Act a "young person" is defined as a person
under 18 years of age. Section 2 of the Factories Act and
section 2 of the Oilfield (Labour and Welfare) Act provide
that a child is a person below the age of 15, and a youth is
defined as a person between the age of 15 and 18. Section 3
(8) of the Mines Act defines that a child is a person who has
not completed his fifteenth year. Section 2 (c) of the
Government Savings Banks Act defines a minor as a person who
has not attained the age of 18 years.
44. Section 2 (a) and section 2 (b) of the Child Law
defines a child as a person who has not attained the age of 16
years and a youth as a person who has attained the age of 16
years but has not attained the age of 18 years.
45. Concerning the offences committed by a child, section
28 (a) of the Child Law states that nothing is an offence
which is done by a child under 7 years of age, and section
28(b) of the Child Law states that nothing is an offence which
is done by a child above 7 years of age and under 12, who has
not attained sufficient maturity of understanding to judge the
nature and consequences of his conduct on that occasion.
IV. GENERAL PRINCIPLES
A. Non-discrimination (art. 2)
46. Legal context:
(a) Section 14 of the Child Law states: "Every child
shall, irrespective of race, religion, status, culture, birth
or sex be equal before the law and be given equal
opportunities". Other existing laws also give equal
opportunities to women and children;
(b) Myanmar culture allows parents to choose an
individual name for each child, i.e. there is no family name;
(c) In Myanmar a woman does not change her name when she
marries. She keeps her own but she can change it if she
wishes to do so;
(d) A couple is legally recognized as husband and wife if
they cohabit with the intention of becoming husband and wife
openly under the same roof.
47. Implementation:
(a) In accordance with the Child Law, in cases where a
child is tried for an offence, protection will be given, due
regard being paid to his age, character and circumstances.
Measures are taken to give all children equal rights and
privileges according to the law;
(b) From the period 14 July 1993 to 31 May 1994 children
who needed protection and care and who were prone to
committing offences were cared for by the Department of Social
Welfare according to the Child Law. Out of a total of 510
children under the care of the Department of Social Welfare,
168 children were returned to the custody of their parents or
guardians and 321 children were sent to a training school.
(c) In 1993/94, the Department of Social Welfare
distributed rice, clothing and allotted K 10.8 million to 120
homes run by voluntary organizations for children under the
age of 18 in various States and divisions;
(d) Township hospitals, Maternal and Child Health
centres, school health, rural health, etc. provide health care
for children. Twenty-seven hospitals and 67 health centres
have been established in the border areas for the children.
The State Law and Order Restoration Council has spent K 96
million on these establishments;
(e) All children of Myanmar, irrespective of sex or
religion, have an equal right to education.
B. The best interest of the child (art. 3)
48. Legal context:
(a) Section 20 (a) of the Child Law states that every
child shall have opportunities of acquiring eduction and the
right to acquire basic education;
(b) Section 26 of the Child Law states that every child
may enjoy fully the rights mentioned in this Law. Government
departments and organizations shall perform their respective
functions to the fullest extent possible. Voluntary social
workers or non-governmental organizations may also carry out
measures as far as possible in accordance with the law;
(c) Section 27 of the Child Law states that persons with
responsibility in respect of the affairs of children shall
have as their objective the best interests of children, under
the principle "First Call for Children", regarding protection
and care of every child by the community.
49. Implementation:
(a) Students at primary and middle schools have the
privilege of free tuition. Textbooks and stationery are
distributed by the State. Stipends have been offered to
children from remote areas and boarding schools have been
opened in some schools for them;
(b) In accordance with the Child Law, the child officers
investigate those children who need care and protection based
on their age, characteristics and circumstances. Some of the
children are returned to the custody of parents or guardians,
some sent to training schools and some given treatment for
drug-related problems, if required.
50. Constraints: the Government is striving to implement
fully the Child Law. However, even with generous donations
from the public, there are many constraints as the magnitude
of the implementation work is great. Due to the high cost of
living, the amount of money allotted by the State is not
sufficient to meet the needs of the children. Hence, measures
are being taken to overcome these difficulties with the help
and support from local and international NGOs.
C. The right to life, survival and development (art. 6)
51. Legal context:
(a) Concerning the rights of the child, section 8 of the
Child Law states that the State recognizes that every child
has the right to survival, development, protection and care,
and to participate actively in the community;
(b) Section 9 (a) states that every child has the
inherent right to life and section 9 (b) states that parents
or guardians shall register the birth of the child in
accordance with the law;
(c) For the survival and development of mentally and
physically disabled children, section 18 (a) of the Child Law
states that a mentally or physically disabled child has the
right to acquire basic education (primary level) or vocational
education at the special schools established by the Department
of Social Welfare or by a voluntary social worker or by a
non-governmental organization. The child has the right to
obtain special care and assistance from the State.
52. Implementation:
(a) Fifteen early childhood development centres have been
established in Yangon and Mandalay divisions, for the physical
and cognitive development of children from three to five
years. Programmes have been adopted for the expansion of more
centres in Mon and Shan States with the cooperation of the
community.
(b) Since 1991 measures have been taken jointly by the
Government and UNICEF to promote education and the all-round
development of children including in the fields of primary
education, programme assessment and support for the
publication of Pyinnya-Tazaung (Brighten Education) magazine.
Physical education and morals have been taught in schools to
promote the physical, intellectual and moral development of
children. Curricula for arts and other activities have been
formulated and distributed. Students' sports festivals are
held annually to uplift the standard of youth sports and to
turn out brilliant athletes;
(c) Primary and middle school children representing the
country regularly attend the annual meeting of children of the
Asia-Pacific region held at Fukao, Japan, to exchange views
and knowledge; this will promote the all-round development of
children;
(d) The implementation of the programme for the
development of health and nutrition plays an important role
for child survival. Under this programme, children under one
year of age and expectant mothers are immunized; the growth of
the children is monitored; activities for the development of
growth are reviewed; talks on health education and on
systematic feeding of nutritious food to malnourished mothers
and children are held monthly. Another activity under this
programme is distributing nutritious food to malnourished
children from 6 to 36 months old.
53. Constraints: Dissemination of health education to
the community is vital to the survival and development of
children. However, ineffective dissemination is a difficulty
and an obstacle in implementation of the programme. In spite
of arrangements made for information hand-outs and educational
talks, people in remote areas do not have easy access to these
activities and thus progress is slow. To overcome this
obstacle, television relay stations are established in various
parts of the country under the Border Development programmes.
However, it is not possible to set up relay stations for all
parts of the country and thus there is need for support from
international organizations in this sector.
D. Respect for the views of the child (art. 12)
54. Legal context: Section 13 of the Child Law states
that:
(a) Every child who is capable of expressing his or her
own views, in accordance with his age and maturity, has the
right to express his own views in matters concerning children;
(b) The views of the child shall be given due weight, in
accordance with his age and maturity, by those concerned;
(c) The child shall be given the opportunity of making a
complaint, being heard and defended in the relevant government
department, organization or court either personally or through
a representative in accordance with law, in respect of his
rights.
55. Implementation: Periodicals are being published
where children can express their imagination, ideas and
desires through paintings, cartoons and essays. Apart from
wall posters schools publish their own magazines. The Printing
and Publishing Department of the Ministry of Information
publishes 150,000 copies of the weekly journal Shwe Thway.
Myawaddi Ltd., working jointly with the Government, publishes
50,000 copies of the periodical Moethauk Pan (Aurora), 100,000
copies of the pictorial Teza and 50,000 copies of the monthly
Our Student. These periodicals not only serve to develop the
mental faculties of the child but also articles and works of
the children themselves are published. Communications media
such as radio and television also report interviews with the
children whenever possible.
56. Constraints: Involvement by the public and their
knowledge of the subject are essential in promoting respect
for the views expressed by the child. In the dissemination of
knowledge to the public, since the number of periodicals
issued is insignificant compared to the population of the
country, there are some constraints. In addition, there is
also a shortage of printing materials and paper and lack of
assistance from foreign organizations.