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CRC CONCLUDING OBSERVATIONS ON THAI



Subject: CRC CONCLUDING OBSERVATIONS ON THAILAND

COMMITTEE ON THE RIGHTS OF THE CHILD: CONCLUDING OBSERVATIONS ON THAILAND


Introductory note by the Burma Peace Foundation

This UN document is being placed on conferences on Burma, human rights,
children, refugees, Thailand etc. and sent to organisations interested in
with these areas because of its implications for the large number of
Burmese refugee children in Thailand (perhaps more than 60,000), in
addition to refugee children from Cambodia and Laos.

Thailand has reservations on Articles 7 and 22 of the Convention on the
Rights of the Child (CRC). This means that it does not consider itself
bound by these articles, which extend legal protection to refugee children.
However, when it examined Thailand's report recently in Geneva, the
Committee on the Rights of the Child argued very strongly that Thailand
should withdraw these reservations. It pointed out, for instance, that the
International Covenant on Civil and Political Rights (ICCPR), to which
Thailand is a Party, contains almost identical provisions on refugee
children and nationality, to which Thailand made no reservations.


CRC Article 7
 
1. The child shall be registered immediately after birth and shall have the
right from birth to a name, the right to acquire a nationality and, as far
as possible, the right to know and be cared for by his or her parents.
 
2. States Parties shall ensure the implementation of these rights in
accordance with their national law and their obligations under the relevant
international instruments in this field, in particular where the child
would otherwise be stateless.


CRC Article 22
 
1. States Parties shall take appropriate measures to ensure that a child
who is seeking refugee status or who is considered a refugee in accordance
with applicable international or domestic law and procedures shall, whether
unaccompanied or accompanied by his or her parents or by any other person,
receive appropriate protection and humanitarian assistance in the enjoyment
of applicable rights set forth in the present Convention and in other
international human rights or humanitarian instruments to which the said
States are Parties.
 
2. For this purpose, States Parties shall provide, as they consider
appropriate, co-operation in any efforts by the United Nations and other
competent intergovernmental organizations or non-governmental organizations
co-operating with the United Nations to protect and assist such a child and
to trace the parents or other members of the family of any refugee child in
order to obtain information necessary for reunification with his or her
family  In cases where no parents or other members of the family can be
found, the child shall be accorded the same protection as any other child
permanently or temporarily deprived of his or her family environment for
any reason, as set forth in the present Convention.


ICCPR Article 2

1. Each State Party to the present Covenant undertakes to respect and to
ensure to all individuals within its territory and subject to its
jurisdiction the rights recognized in the present Covenant, without
distinction of any kind, such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or
other status.

2. Where not already provided for by existing legislative or other
measures, each State Party to the present Covenant undertakes to take the
necessary steps, in accordance with its constitutional processes and with
the provisions of the present Covenant, to adopt such legislative or other
measures as may be necessary to give effect to the rights recognized in the
present Covenant.


ICCPR Article 24

1. Every child shall have, without any discrimination as to race, colour
sex, language, religion, national or social origin, property or birth, the
right to such measures of protection as are required by his status as a
minor, on the part of his family, society and the State. 

2. Every child shall be registered immediately after birth and shall have a
name.

3. Every child has the right to acquire a nationality. 

**************

Paragraphs of the Concluding Observations with particular relevance for
refugee children are  8, 12, 17, 18, 28 and 30

Concerned organisations, parliamentarians and others should use these
Concluding Observations in their work of urging the Royal Thai Government
to strengthen legal protection for vulnerable groups in Thailand, including
refugee children. An important step would be the withdrawal of the
reservations to the CRC.


This Text format differs from the original, found on the UN Human Rights
Website at

http://www.unhchr.ch/tbs/doc.nsf/9c663e9ef8a0d080c12565a9004db9f7/49d2897904
e8d640802566a20051d717?OpenDocument

in that the recommendations on the Website are in bold, whereas here they
are placed as a separate section of the paragraph.

The Burma Peace Foundation will put the Convention on the Rights of the
Child and other relevant documents in subsequent postings,

Burma Peace Foundation, Geneva

21/10/98

********************



CONCLUDING OBSERVATIONS OF THE COMMITTEE ON THE RIGHTS OF THE CHILD:

THAILAND. 01/10/98. CRC/C/15 /Add.97. 
(CONCLUDING OBSERVATIONS/COMMENTS)

Document Type: Concluding Observations/Comments
Public Document: YES
Document Date:  01/10/98
Issued By:  Committee
Reference/Symbol: CRC/C/15 /Add.97
Language: English
Comments:

UNEDITED VERSION CRC/C/15 /Add.97 
October 1998



COMMITTEE ON THE RIGHTS OF THE CHILD

Nineteenth 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: Thailand



1. The Committee considered the initial report of Thailand (CRC/C/41/Add.3)
at its 493rd to 495th meetings (CRC/C/SR.493-495 on 1 and 2 October 1998,
and adopted* the following concluding observations:


A. Introduction

2. The Committee welcomes the submission of the State party's initial
report and the written replies to its list of issues (CRC/C/Q/THA/1). The
Committee notes the detailed and comprehensive structure of the report but
regrets that it does not fully follow the established guidelines. The
Committee also notes the constructive, open and frank dialogue it had with the
delegation of the State party, and the additional information it received
during the discussion. The Committee notes with appreciation the active
participation of children and NGOs in its dialogue with the State party.


B. Positive aspects

3. The Committee notes the State party's recent adoption of a new
Constitution (1997) which guarantees the promotion and protection of human
rights including children's rights as recognized by the Convention and
calls for the establishment of a National Human Rights Committee charged
with monitoring human rights.


4. The Committee notes the recent efforts undertaken by the State party in
the field of law reform. In this regard, it welcomes the enactment of the
Amended Criminal Procedure Code concerning indecent acts committed on both
boys and girls; the Criminal Procedure Code concerning juvenile defendants
below the age of 18 years; the Act concerning Measures of
Prevention and Suppression of the Trafficking in Women and Children of
1997; the Prevention and Suppression of Prostitution Act of 1996; the
Occupational Training Promotion Act of 1993; and the Labour Protection Act
of 1998.


----------------------------------------------------------
* At the 505th meeting, held on 9 October 1998.



5. The Committee notes that the Eighth National Economic and Social
Development Plan (1997-2001) has given priority to human development,
including child protection and participation. In this regard, it welcomes
the initiatives to extend greater development opportunities to vulnerable
and disadvantaged groups and implement special monitoring systems in the
area of child labour and prostitution. The Committee also welcomes the
State party's establishment of indicators, including Social Indicators
(Basic Minimum Needs -BMN); Indicators on Child and Youth Development; and
Indicators on Child Rights.


6. The Committee notes the cooperation between the State party and the
NGOs, particularly in the preparation of the report and the current
initiative to review the policies and legislation to ensure compliance with
the Convention.



C. Factors and difficulties impeding the implementation of the Convention


7. The Committee acknowledges that the current economic and social
difficulties facing the State party have had a negative impact on the
situation of children and have impeded the full implementation of the
Convention. In particular it notes the high level of external debt, the
requirements of the structural adjustment programme and the increasing
level of unemployment and
poverty. 



D. Subjects of Concern and Committee Recommendations


8. While noting with appreciation that the State party has withdrawn its
reservation with respect to article 29 of the Convention, the Committee is
concerned by the remaining reservations (articles 7 and 22), made by the
State party upon ratification of the Convention. In this regard, the
Committee notes that the State party has recently (1997) ratified without
reservation the International Covenant on Civil and Political Rights, and
wishes to draw attention in particular to the provisions of articles 2 and
24 of the Covenant. 

In light of the Vienna Declaration and Programme of Action of 1993 and the
recent ratification of the International Covenant on Civil and Political
Rights, the Committee encourages the State
party to consider the possibility of reviewing its reservations with a view
to withdrawing them. 


9. The Committee notes that the State party has developed a substantive
legislative framework. It is concerned, however, that domestic legislation
still does not fully reflect the principles and provisions of the Convention. 

The Committee recommends that the State party undertake a review of its
domestic legislation to ensure full conformity with the principles and
provisions of the Convention. In this regard, the Committee also encourages
the State party to consider the
possibility of enacting a comprehensive code for children.


10. While the Committee notes the establishment of the Corrupt Practices
Commission, the need to strengthen law enforcement and combat corrupt
practices in all areas covered by the Convention are still areas of
particular concern to the Committee. 

The Committee therefore recommends that the State party take all
appropriate measures, including training, to strengthen law enforcement and
prevent corrupt practices.


11. While noting the efforts of the National Youth Bureau in facilitating
the coordination of  child rights issues, the Committee is concerned that
involvement and coordination at the local level is still somewhat limited. 

The Committee recommends that the State party seek to use a comprehensive
approach to the implementation of the Convention by, inter alia, ensuring
the decentralization of the process of promoting and protecting children's
rights. The Committee also recommends that further steps be taken by the
State party to strengthen its efforts to coordinate through the National
Youth Bureau, particularly at the local level.


12. While noting the development of indicators for monitoring the
implementation of the Convention, the Committee is still concerned that the
current data collection mechanism is insufficient to afford the systematic
and comprehensive collection of disaggregated quantitative and qualitative
data for all areas covered by the Convention in relation to all groups of
children in order to monitor and evaluate progress achieved and assess the
impact of policies adopted with respect to children. 

The Committee recommends that the system of data collection be reviewed
with a view to incorporating all the areas covered by the Convention. Such
a system should cover all children up to the age of 18 years, with specific
emphasis on those who are vulnerable, including economically exploited
children, children of single-parent families, children born out of wedlock,
institutionalized children as well as children of nomadic and hill tribe
communities.


13. The Committee also expresses concern at the absence of an independent
mechanism to register and address complaints from children concerning
violations of their rights under the Convention. 

The Committee suggests that an independent child-friendly mechanism be made
accessible to children to deal with complaints of violations of their
rights and to provide remedies for such violations. The Committee further
suggests that the State party introduce an awareness
raising campaign to facilitate the effective use by children of such a
mechanism.


14. The Committee takes note of the State party's increased allocation in
social expenditure, even in difficult economic circumstances. The Committee
remains concerned, however, that in light of article 4 of the Convention,
not enough attention has been paid in allocating budgetary resources in
favour of children "to the maximum extent of (...) available resources". 

In light of articles 2, 3, and 6 of the Convention, the Committee
encourages the State party to pay particular attention to the full
implementation of article 4 of the Convention by prioritizing budgetary
allocations to ensure implementation of the economic, social and  cultural
rights of children, to the maximum extent of available resources and, where
needed, within the framework of international cooperation. 


15. While recognizing the efforts of the State party to promote awareness
of the principles and provisions of the Convention, the Committee remains
concerned that professional groups, children and the public at large are
generally not sufficiently aware of the Convention. 

The Committee recommends that greater effort be made to ensure that the
provisions of the Convention are widely known and understood by adults and
children alike, residing in both rural and urban areas. In this regard, it
recommends that the Convention be translated and made available in all
minority or indigenous languages. The Committee also recommends the
reinforcement of adequate and systematic training and/or sensitization of
professional groups working with and for children, such as judges, lawyers,
law enforcement personnel, military officials and personnel, teachers,
school administrators, health personnel, including
psychologists, social workers, officials of central or local
administration, and personnel of child-care institutions. The Committee
encourages the State party to also seek measures to raise the awareness of
the media and the public at large on the rights of the child. It further
suggests that the State party seek to ensure that the Convention is fully
integrated into the curricula at school and university. In this regard, the
Committee suggests that the State
party seek technical assistance from, inter alia, the Office of the High
Commissioner for Human Rights and UNICEF.


16. The Committee expresses its concern the low minimum legal age for
criminal responsibility. It is also concerned by the absence in legislation
of a legal age defining the attainment of majority. 

The Committee recommends that the State party review its legislation in
order to bring it into conformity with the provisions of the Convention.


17. The Committee wishes to express its concern that the State party does
not appear to have fully taken into account the provisions of the
Convention, especially its general principles, as reflected in its articles
2 (non-discrimination), 3 (best interests of the child), 6 (right to life,
survival and development) and 12 (respect for the views of the child), in
its legislation, its administrative and judicial decisions, as well as in
its policies and programmes relevant to children. 

It is the Committee's view that further efforts must be undertaken to
ensure that the principles of the Convention, in particular the general
principles, not only guide policy discussion and decision-making, but also
are appropriately reflected in any legal revision, judicial and
administrative decisions, and in the development and implementation of all
projects and programmes which have an impact on children. 


18. The Committee acknowledges the efforts made by the State party to reach
vulnerable groups. The Committee is still concerned, however, that measures
adopted to ensure that all children are guaranteed access to education and
health services and are protected against all forms of exploitation are
insufficient. Of particular concern are certain vulnerable groups of
children, including girls, children with disabilities, children belonging
to minorities including hill tribes, children living in rural areas,
children living in poverty, children living and/or working on the streets
and asylum seeking children, illegal immigrant children, children in the
juvenile justice system, and children born out of wedlock. 

The Committee recommends the State party to increase its efforts to ensure
implementation of the principle of non-discrimination and full compliance
with article 2 of the Convention, particularly as it relates to the
vulnerable groups.


19. While the Committee notes the efforts made by the State party to
encourage the participatory rights of children, it is concerned that
traditional practices, culture and attitudes still limit the full
implementation of article 12 of the Convention. 

The Committee recommends that the State party seek to develop a systematic
approach to increasing public awareness of the participatory rights of
children and encourage respect for the views of the child within the family
as well as within the school, care and judicial systems.


20. The Committee notes that the State party has enacted domestic
legislation to guarantee registration at birth (the Registration of
Inhabitants Act), but is concerned that many children are still not
registered, particularly those living among nomadic and hill tribe
communities. 

In light of article 7 of the Convention, the Committee recommends that the
State party increase its efforts to raise awareness among government
officers, community leaders and parents to ensure that all children are
registered at birth. The Committee also encourages the State party to adopt
measures to regularize the situation of hill tribe children and provide
them with documentation to guarantee their rights and facilitate their
access to basic health, education and other services.


21. The Committee notes the State party's efforts to prohibit the use of
corporal punishment in schools. It is concerned, however, that corporal
punishment is still practised and that domestic legislation does not
prohibit its use within the family, the juvenile justice and alternative
care systems and generally within the society. 

In this regard, the Committee recommends that the State party take all
appropriate measures, including of a legislative nature, to prohibit
corporal punishment within the family, the juvenile justice and alternative
care systems and generally within the society. It further suggests that
awareness raising campaigns be conducted to ensure that alternative forms
of discipline are administered in a manner consistent with the child's
human dignity and in conformity with the Convention, especially article 28.2.


22. The Committee notes the establishment by the State party of a programme
to encourage the reinforcement of the family environment and to strengthen
parenting skills among both parents. The Committee remains concerned,
however, at the high rate of abandoned children, especially children born
out of wedlock and children of poor families. In this regard, the Committee
also expresses concern at the lack of adequate alternative care facilities
and qualified personnel in this field. 

The Committee recommends that the State party increase its efforts in
providing support, including training, for parents to discourage the
abandonment of children. It is also recommended that the State party
develop additional programmes to facilitate alternative care, including
foster care, provide additional training for social and welfare workers and
establish independent complaint and monitoring mechanisms for alternative
care institutions.


23. The Committee notes the efforts by the State party to provide
protection to child victims. However, the lack of awareness and information
on domestic violence, the ill-treatment and abuse of children, including
sexual abuse -both within and outside the family- the lack of appropriate
resources -both financial and human- as well as the lack of adequately
trained personnel to
prevent and combat abuse remain matters of concern. 

In light of article 19, the Committee recommends that the State party
undertake studies on domestic violence, ill-treatment and abuse, including
sexual abuse to understand the scope and nature of the phenomenon, in order
to adopt adequate measures and policies and contribute to changing
traditional attitudes. It also recommends that cases of domestic violence
and ill-treatment and abuse of children, including sexual abuse within the
family, be properly investigated within a child-friendly judicial
procedure, sanctions applied to perpetrators and publicity given to
decisions taken in such cases, with due regard given to protecting the
right to privacy of the child. Measures should also be taken to ensure the
provision of support services to children in legal proceedings, the
physical and psychological recovery and social reintegration of the victims
of rape, abuse, neglect, ill-treatment, violence or exploitation, in
accordance with article 39 of the Convention, and the prevention of
criminalization and stigmatization of victims. 


24. While the Committee notes the efforts of the State party with regard to
the reduction in child and infant mortality rates, it is still concerned
with the poor breast feeding practices and the high rate of malnutrition. 

The Committee encourages the State party to develop  comprehensive policies
and programmes to promote and improve breast feeding practices, to prevent
and combat malnutrition, especially in vulnerable and disadvantaged groups
of children and consider technical assistance for the Integrated Management
of Childhood Illnesses and other measures for child health improvement
from, inter alia, UNICEF and WHO.


25. The Committee is particularly concerned over the absence of data on
adolescent health, including on teenage pregnancy, abortion, suicide,
accidents, violence, substance abuse and HIV/AIDS. 

In this regard, the Committee recommends that the State party increase its
efforts in promoting adolescent health policies and strengthening
reproductive health education and counseling services. The Committee
further suggests that a comprehensive and multi-disciplinary study be
undertaken to understand the scope of adolescent health problems, including
the special  situation of children infected with, affected by or vulnerable
to HIV/AIDS and STDs. Additionally, it is recommended that the State party
undertake further measures, including the allocation of adequate human and
financial resources, to develop youth-friendly care and rehabilitation
facilities for adolescents.


26. The Committee is concerned that the State party has not yet fully
implemented the Rehabilitation of the Disabled Act of 1991. In this regard,
the Committee also expresses its concern with the lack of adequate
facilities and services for persons with disabilities, including children. 

In light of the Standard Rules on the Equalization of Opportunities for
Persons with Disabilities (General Assembly Resolution 48/96), the
Committee recommends that the State party develop early identification
programmes to prevent disabilities, implement alternatives to the
institutionalization of children with disabilities, establish special
education programmes for children with disabilities and encourage their
inclusion in society. The Committee further recommends that the State party
seek technical cooperation for the training of professional staff working
with and for children with disabilities. International cooperation from,
inter alia, UNICEF and WHO can be sought to this effect. 


27. While the Committee notes the high rate of enrollment, particularly at
the primary school level, and the recent initiative to establish additional
schools within the rural communities, it is still concerned that some
children, particularly those living in poverty and among nomadic and Hill
tribe communities do not have access to education. In light of the recent
economic
constraints, the Committee is also concerned with the number of children,
particularly girls, leaving school prematurely to engage in labour. 

The Committee recommends that all appropriate measures be taken to provide
equal access to education for all children within the State party. The
Committee further recommends that the State party seek to implement
additional measures to encourage children, particularly girls and children
from poor and hill tribe families, to stay in school and to discourage
early employment. 


28. The Committee notes the efforts of the State party to ensure protection
and humanitarian assistance to displaced children. The Committee expresses
its concern, however, that the legal framework for protection of
unaccompanied and asylum seeking children remains unclear. It is also
concerned at the situation of children deprived of their liberty placed in
immigration detention centres, especially in view of the lengthy detention
periods. 

The Committee recommends clarification of the State party's legislative
framework to ensure adequate protection of unaccompanied and asylum seeking
children, including in the field of physical safety, health and education.
Procedures should also be established to facilitate family reunification.
All appropriate measures should be taken by the State party to avoid the
placement of asylum seeking children in immigration detention centres. The
State party may consider seeking assistance from UNHCR in this regard. The
Committee also suggests that the State party consider ratifying the 1951
Convention relating to the Status of Refugees and its 1967 Protocol, the
1954 Convention on the Status of Stateless Persons, as well as the 1961
Convention on the Reduction of Statelessness.


29. While welcoming the recent adoption of the Labour Protection Act of
1998, in which the minimum legal age for access to work has been increased
from 13 to 15 years old, the Committee remains concerned with the high rate
of economic exploitation as well as the increasing number of children
leaving school, sometimes at an early age, to work to support themselves
and their families. 

In this regard, the Committee encourages the State party to introduce
monitoring
mechanisms to ensure enforcement of labour laws. The Committee also
suggests that the State party consider ratifying ILO Convention No. 138
concerning the legal minimum age for work .


30. The Committee expresses concern at the high rate of continued sexual
abuse of children, including child prostitution and trafficking and sale of
children, which affects both girls and boys. 

In this regard, the Committee recommends that measures be taken, on an
urgent basis, to strengthen law enforcement and to implement the State
party's national programme of prevention. Further, the State party should
seek to step up its efforts to implement an awareness
raising campaign and a thorough monitoring system at the community level.
Rehabilitation within as well as outside of institutions should be further
enhanced. In an effort to effectively combat intercountry trafficking and
sale of children, the Committee suggests that the State party increase its
efforts in the area of bilateral and regional agreements with neighbouring
countries to facilitate the repatriation of trafficked children and
encourage their rehabilitation, including within the framework of the
regional Mekong Conference on  migration. The Committee urges the State
Party to continue implementing the recommendations formulated in the Agenda
for Action adopted at the 1996 Stockholm World Congress against Commercial
Sexual Exploitation of Children. It also recommends that the State party
should envisage the ratification of the 1949 Convention for Suppression of
the Traffic in Persons and of the Exploitation of the Prostitution of Others.


31. While the Committee notes that the State party has enacted domestic
legislation relating to the establishment of juvenile courts, it is still
concerned at the general situation of the administration of juvenile
justice and in particular its compatibility with the Convention, as well as
other relevant United Nations standards. The Committee is particularly
concerned that the juvenile justice system is not implemented throughout
the State party. The Committee is also concerned by reported cases of
ill-treatment of children by law enforcement personnel.

The Committee recommends that the State party consider taking additional
steps to reform the system of juvenile justice in the spirit of the
Convention, in particular articles 37, 40 and 39, 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 considering deprivation of liberty only as a measure of
last resort and for the shortest possible period of time, protecting the
rights of children deprived of
their liberty, and expanding the juvenile justice system to ensure full
coverage throughout the State party. Training programmes on relevant
international standards should be organized for all those professionals
involved with the system of juvenile justice. The Committee also recommends
the State Party to consider ratifying the Convention Against Torture and
Other Cruel, Inhuman and Degrading Treatment or Punishment.. The Committee
suggests that the State party consider seeking technical 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 Technical Advice in Juvenile Justice.


32. The Committee notes the recommendations proposed by the State party in
its initial report, regarding the implementation of the Convention. 

The Committee encourages the State party to implement the proposed
recommendations.


33. Finally, 

the Committee recommends that, in light of article 44, paragraph 6, of the
Convention, the initial report and written replies presented by the State
party be made widely available to the public at large and that the
publication of the report be considered, 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 and its implementation and monitoring
within the Government and the general public,
including NGOs.