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SLORC's CHILD REPORT-6
SLORC'S INITIAL REPORT TO THE COMMITTEE ON THE RIGHTS OF THE
CHILD. THE DOCUMENT IS DIVIDED INTO SIX SECTIONS FOR EASY
DOWNLOADING.
SECTION 6
..............................................................
IX. SPECIAL PROTECTION MEASURES
A. Children in situations of emergency
105. Children of refugee status: There are no children of
refugee status in Myanmar.
B. Children in conflict with the law (art. 22)
1. The administration of juvenile justice (art. 40)
106. Legal context:
(a) Section 37 of the Child Law states that a police
officer or a person authorized to take cognizance shall abide
by the following when arresting a child accused of having
committed an offence:
(i) The child shall not be handcuffed or tied with a
rope;
(ii) The child shall not be kept together with adult
prisoners; if it is a girl, she shall be under
protection with a woman guard;
(iii) The child shall not be maltreated or threatened;
(iv) The child shall not be sent together with adult
prisoners from one place to another; if it is a
girl, she shall be sent with a woman guard;
(v) The parents or guardian concerned shall be
informed as soon as possible;
(vi) The arrested child shall be sent up to the
relevant juvenile court as soon as possible;
(vii) The child shall be released on execution of a
bond if the child cannot be sent up as soon as
possible to the juvenile court under subsection
(f);
(viii) The child shall be sent to a temporary care
station or to another appropriate place, if the
child is not released on a bond under subsection
(g).
(b) Chapter 10 of the Child Law contains detailed
procedures relating to trial of juvenile cases. In this
chapter, the power of the juvenile court to pass an order on a
child without affecting the whole life of a child is clearly
stated. Before passing an order on a child who is found
guilty, section 44 states that the juvenile court shall
consider the age and character of the child; the environmental
circumstances of the child; the cause of committing the
offence; the report submitted by the Probation Officer and
other circumstances which are required to be taken into
consideration in the interest of the child, and pass an order
which is reformative and which will be beneficial to the
child;
(c) Section 42 of the Child Law states that the juvenile
court shall abide by the following in trying juvenile cases:
(i) The case shall be tried in a separate court or a
separate building or if there is no separate
court or building, in a building or room other
than that in normal court hearings;
(ii) No person other than the parents, guardian,
staff of the court, law officers, members of the
People's Police Force on duty and not in
uniform, persons directly concerned with the
case and persons who have been granted
permission by the juvenile court, shall be
present at the place of trial;
(iii) If the child or his parents or guardian cannot
or do not wish to engage a lawyer and make an
application to be defended with an assistance of
any appropriate person, permission to do so
shall be granted;
(iv) An interpreter shall be made available if
necessary;
(v) The case shall be disposed off speedily.
107. Implementation:
(a) Section 45 of the Child Law states that
notwithstanding anything contained in an existing law, a death
sentence, transportation for life or a sentence of whipping
shall not be passed on any child. In addition to that,
section 47 states that if the offence committed is not serious
and the character of the child is not yet perverted the
juvenile court may release him after due admonition;
(b) Depending on the nature and type of offence, there
were 5,096 juvenile cases of children under 16 years of age of
whom 335 children were sentenced to imprisonment, 2,179 were
fined and 905 were transferred to training centres under the
Department of Social Welfare for care and rehabilitation. Of
the remaining children, some of them were entrusted to the
custody of their parents or guardians on execution of a bond
and some were released.
2. Children deprived of their liberty (art. 37)
108. Legal context:
(a) Section 16 (a) of the Child Law states that in order
that every child shall not be subjected to arbitrary
infringement of his honour, personal freedom and security,
relevant government departments and organizations shall
rovide protection and care in accordance with law;
(b) Section 37 of the Child Law also states that the
child shall not be handcuffed or tied with a rope when making
an arrest of a child accused of having committed an offence.
109. Implementation:
(a) Since the longer it takes for the disposal of a case,
the greater the chances of the child forfeiting personal
reedom and falling in disgrace, section 42 (e) of the Child
Law states that the juvenile court shall dispose of the case
speedily. Government departments concerned are requested to
help witnesses to be present at the court, and to send the
child to the court in time so that the court can dispose of
the case speedily;
(b) An arrest of a child accused of having committed an
offence, must be made by a member of People's Police Force on
duty who is not in uniform, who will accompany the child to
the juvenile court without handcuffing or tying the child with
a rope;
(c) The juvenile court usually passes an order to place
the delinquent child in a temporary care station or with a
custodian. The court does not pass an order to arrest the
child.
C. Children in situations of exploitation
1. Child labour (art. 32)
110. Legal context:
(a) Section 66 (a) of the Child Law states that whoever
commits any of the following acts shall, on conviction, be
punished with imprisonment for a term which may extent to two
years or with a fine which may extend to K 10,000 or with
both:
(i) Neglecting knowingly that a girl under his
guardianship, who has not attained the age of
16, is earning her livelihood by prostitution;
(ii) Permitting a child under his guardianship to
live together or to consort with a person who
earns a livelihood by prostitution;
(iii) Employing a child to beg for his personal
benefit; failing to prevent a child under his
guardianship from begging; making use of the
child in any manner in his livelihood of
begging.
(b) Section 24 (a) of the Child Law states that every
child has:
(i) The right to engage in work in accordance with
law and of his own volition;
(ii) The right to employment, rest and leisure and
other rights prescribed by law. Section 24 (b)
states that the Ministry of Labour shall protect
and safeguard in accordance with the law to
ensure the safety of children employees
at the place of work and prevention of any
infringement or loss of their rights.
(c) Section 65 (a) of the Child law prohibits employing
or permitting a child to perform work which is hazardous to
the life of the child or which may cause disease to the child
or which is harmful to the child's moral character.
111. Implementation:
(a) Myanmar is a member country of the International
Social Security Association. In the Union of Myanmar, the
Social Security Scheme was started in 1956 under the Social
Security Act enacted in 1954. For those who are working in
departments related to the Social Security Scheme, it is
compulsory to have life insurance. This principle also
applies to child workers who work in those departments that
are enjoying the benefits of the Social Security Scheme;
(b) In the Union of Myanmar, children are engaged in work
only in the economic enterprises of their families; as a
consequence, the problem of child workers is quite rare.
2. Sexual exploitation and sexual abuse (art. 34)
112. Legal context:
(a) Sections 366 A, 372 and 373 of the Penal Code specify
punishments relating to selling, hiring, disposing or inducing
any person under the age of 18 years with the intent that such
persons shall be employed or used for the purpose of
prostitution or illicit intercourse with any person or for any
unlawful and immoral purpose;
(b) Section 66 (a) of the Child Law prescribes
punishments for failing to act knowingly that a girl under his
guardianship, who has not attained the age of 16, is earning a
livelihood by prostitution. In section 66 (b) punishments for
permitting a child under his guardianship to live together or
to consort with a person who earns a livelihood by
prostitution are also mentioned.
113. Implementation:
(a) In the Union of Myanmar, prostitution is strongly
prohibited and controlled legally, as well as socially. Those
who earn their livelihood by prostitution are punished
according to the existing law. Those who are under age are
transferred or handed over to the training schools for girls,
and vocational training schools for women, under the
Department of Social Welfare;
(b) Prevention of AIDS is carried out with great energy
all over the country and elimination of prostitution is also
seriously undertaken through control and education.
3. Sale, trafficking and abduction (art. 35)
114. Legal context:
(a) Kidnapping from the Union of Myanmar, and kidnapping
from lawful guardianship are defined in the Penal Code,
sections 359, 360 and 361 respectively. Section 362, which
deals with abduction, states that whoever by force compels, or
by any deceitful means induces, any person to go from any
place is said to abduct that person;
(b) Punishments for kidnapping or abducting in order to
murder; kidnapping or abducting with intent secretly and
wrongfully to confine a person; kidnapping; abducting or
forcing a woman to marry, etc.; kidnapping or abducting in
order to subject the person to grevious hurt, slavery, etc.;
wrongfully concealing or keeping in confinement a kidnapped
or abducted person; and kidnapping or abducting a child under
10 years with intent to steal from its person; are specified
in the Penal Code, sections 364, 365, 366, 367, 368 and 369
respectively.
4. Drug abuse (art. 33)
115. Legal context:
(a) The Narcotic Drugs and Psychotropic Substances Law
was enacted in 1993 to prevent the danger of narcotic drugs
and psychotropic substances; to carry out more effectively
measures for imparting knowledge and education on the danger
of narcotic drugs and psychotropic substances and for medical
treatment and rehabilitation of drug users. According to
section 4 of this Law, a central body for the Prevention of
the Danger of Narcotic Drugs and Psychotropic Substances was
formed, and under the supervision of this central body,
various working committees, such as the knowledge and
education-imparting committee for students, were formed;
(b) The Narcotic Drugs and Psychotropic Substances Law,
section 22 (c), states that the offender, making use of
children who have not completed the age of 16 years, in the
commission of the offence, shall be liable to the maximum
punishment provided for such offence.
116. Implementation:
(a) Preventive measures against the danger of narcotic
drugs and psychotropic substances are seriously undertaken by
the Central Committee for Drug Abuse Control (CCDAC) as a
national responsibility. Since the enactment of the Narcotic
Drugs and Psychotropic Substances Law in 1974, effective
ction was taken for any offence relating to narcotic drugs
and psychotropic substances. The number of registered drug
users who are taking medical treatment is 53,964 all over the
country;
(b) To prevent the danger of the illicit use of narcotic
drugs and psychotropic substances among schoolchildren,
educational talks, exhibitions, briefings and competitions are
held in schools from time to time. Posters, paintings and
cartoon competitions are also held and the winners are awarded
prizes. Talks on the danger of narcotic drugs and the
prevention of AIDS are also given at township as well as
village levels;
(c) The Department of Social Welfare, in collaboration
with the Department of Health, opened rehabilitation stations
in Yangon, Mandalay, Myitkyina, Lashio, Kyaintone, Pyay
(Wet-hti-kan), Pekon (Ka-the-kwin) and Nantlatt, where drug
users who have taken medical treatment, are trained.
D. Children belonging to a minority or an indigenous
group
117. Legal context:
(a) Section 14 of the Child Law states that every child
shall, irrespective of race, religion, status, culture, birth
or sex, be equal before the law and be given equal
opportunity;
(b) For the progress and advancement of border areas and
national races, the Development of Border Areas and National
Races Law was enacted in 1993. One of the five objectives
stated under this Law is to cherish and preserve the culture,
literature and customs of the national races. Section 4 of the
Development of Border Areas and National Races Law deals with
the formation of the Central Committee and section 5 deals
with the duties and powers thereof. One of the duties of the
Central Committee is to lay down and carry out measures with a
view to maintaining the culture, literature and customs of the
national races. Section 8 of this Law deals with the duties
and powers of the Ministry in respect of the implementation of
the development works of the border areas and national races.
Laying down programmes to disseminate knowledge and proposals
for exchange of culture for the national races in the
development areas, and establishing and opening schools for
giving vocational education for the future of the youths of
the national races are also set out in section 8.
118. Implementation:
(a) Of the 42.3 million population of the whole country
of Myanmar 27.1 per cent comprises various nationalities and
races. Programmes are implemented by the Ministry of Progress
of Border Areas and National Races and Development Affairs to
promote the living standards of these nationalities. Under the
joint efforts of this Ministry and the Department of Social
Welfare, a total of six domestic vocational schools have been
established to enable the youth and children to earn their
own living. Three parahita (welfare) schools and two youth
development schools have been established to protect and give
care to those children who need it;
(b) Although there is no written curriculum in their
languages, the nationalities have the right to pursue their
own literature.
The University of National Races in Ywathitkyi is producing
teachers of various nationalities to promote the spread of
education in the border areas.
X. CONCLUSION
119. Since 300 BC Myanmar has existed as a sovereign
independent country. A sense of decency, cordiality,
friendliness and consideration for others, constitute the
characteristics of Myanmar society. Though the people profess
the religion of their choice in Myanmar, the majority of the
people are Buddhist. As such Buddhism flourishes in the Union
of Myanmar and Buddhist teachers have a strong influence on
the people's way of life. As regards parental duties and
responsibilities, the teachings of the Lord Buddha are
embraced as the rule of conduct or moral code.
120. According to the teaching the of Lord Buddha,
children are precious and treasured gems and those who receive
the love, tenderness and care of adults develop into
promising citizens of the country. Parents therefore attend
to their child with tender and loving care. The social
relations and organization of Myanmar society are based on
compassion and kindness. "Obey the elders, respect the peers
and have pity on the young" is a prominent motto in Myanmar
society. "If you want your child to be clever, let him get
his training in the community" is another popular saying.
This shows that traditionally, the community leaders provide
care and guidance to the children in the community. Myanmar
people also believe that the future of a country belongs to
the children of the country. Thus, child upbringing is not a
new agenda for Myanmar people but a traditional and day-to-day
routine.
121. Protection and maintenance of children's rights
corresponds to the safeguarding of human rights. In the olden
days before the Child Law had been decreed, the traditional
habits of Myanmar people and national races and the teachings
and guidance of the community leaders ensured that children's
rights and benefits were protected and well maintained.
122. Before Myanmar's accession to the Convention on the
Rights of the Child, the Young Offender Act and the Children
Act had been enacted in 1930 and 1955 respectively, and
various ministries concerned had been administering these
laws.
123. The Union of Myanmar will never lose sight of the
objective to protect and maintain the rights of the children.
When UNESCO declared 1979 as the International Year of the
Child, the Union of Myanmar celebrated the event after having
thoroughly formulated national objectives. The General
Assembly of the United Nations declared on 20 November 1989
that the child, for the full harmonious development of his or
her personality, should grow up in a family environment, in an
atmosphere of happiness, love and understanding. This
resolution was endorsed and necessary measures were taken to
put it into practice. Accordingly, when the International
Year of the Child was celebrated in the Union of Myanmar, a
future programme of action to take special care of orphans,
abandoned children and children whose parents were suffering
from contagious diseases, was formulated and that programme of
action was implemented successfully.
124. Recent years have witnessed in the Union of Myanmar
significant transformations in the political and economic
spheres with the final objective of a new democratic nation.
A market-oriented economy has been adopted and concomitant
with the economic development of the country, meaningful steps
are being taken to enhance the welfare of children.
125. After acceding to the Convention on the Rights of the
Child, in 1991, the Union of Myanmar enacted the Child Law in
a more comprehensive manner and promulgated it in 1993. The
Ministry concerned is putting this Law into practice. Social
welfare activities of non-governmental organizations, such
as Red Cross associations, religious associations and social
organizations, are encouraged to participate and necessary aid
and assistance are given to them. In the past, the momentum
of development activities relating to children of national
races in border and remote areas had been slow. Since socio-
economic conditions differ in urban and rural areas, the
Ministry of Progress of Border Areas and National Races and
Development Affairs is performing the task of elevating the
socio-economic conditions in the border areas.
126. The Department of Social Welfare is taking care of
the children who have been abandoned for various reasons. In
rural areas the community or local people, and the
monasteries, are taking care of these children. The monastic
education system endures not only in rural areas, but in urban
areas also where it helps schoolchildren to pursue formal
education in an accessible manner. The Union Solidarity and
Development Association is also helping in training children
to be strong in moral character, discipline and mentality.
127. The Department of Social Welfare is currently engaged
in research relating to the effective protection and
maintenance of children's rights.
128. All over the world, three children are born every
second. Out of a population of 5,700 million, the child
population is nearly 2,000 million. Millions of children under
five are starving in the meantime.
129. The Union of Myanmar is a developing country with an
increasing population. The child population is nearly 14.9
million. As a result of the growth of population, various
programmes and activities are required to be carried out to
resolve the issue. In order to protect and maintain the
rights of the child set out in the Convention on the Rights
of the Child effectively and successfully, a National
Committee on the Rights of the Child was formed. Committees
at state/division and district levels were formed also. The
departments concerned are making concerted efforts to put the
Child Law into practice effectively. The State is also
receiving help and cooperation from United Nations agencies,
voluntary private donors and non-governmental organizations to
ameliorate the welfare of the children.
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