Distr.

GENERAL

CRC/C/15/Add.157
9 July 2001

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : Bhutan.
09/07/2001.

CRC/C/15/Add.157.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE
CHILD

Twenty-seventh
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

Bhutan

1. At its 715th and 716th meetings (CRC/C/SR. 715 and
716), held on 5 June 2001, the Committee on the Rights of the Child considered
the initial report of Bhutan (CRC/C/3/Add.60), which was received on 20 April
1999, and adopted at the 721st meeting, held on 8 June 2001, the following
concluding observations.

A. Introduction

2. The Committee notes that the initial State party
report was prepared according to the Committee's guidelines for reporting. It
notes the timely submission of the informative written answers. The Committee
further notes with appreciation the presence of a high-level and cross-sectoral
delegation, which contributed to a frank and open dialogue.

B. Positive
aspects

3. The Committee notes that the consideration of the
initial report of Bhutan marked the first occasion that the State party had
appeared before a human rights treaty body.

4. The Committee welcomes the progress made at the
Joint Verification Talks and the commencement of the verification process of the
refugees in Nepal. It further welcomes the undertaking made by the head of the
State party's delegation to convey to the Government the Committee's concerns on
the need to accelerate the process.

5. The Committee welcomes the incorporation in the
State party's development plans of the goals contained in the World Declaration
and Plan of Action of the 1990 World Summit for Children.

6. The Committee welcomes the establishment of the
Department of Legal Affairs, which is an important step in consolidating the
rule of law in the State party.

7. The Committee welcomes the establishment of the
Youth Development Fund and the Health Trust Fund.

8. The Committee appreciates the cooperation of the
State party with United Nations agencies and other international organizations,
such as in the formulation and signing of a Master Plan of Operations in
cooperation with UNICEF.

9. The Committee welcomes the child-focused and
holistic approach taken by the State party in formulating policies and
programmes relating to aspects of the Convention (e.g. multisectoral strategies
such as the Comprehensive School Health Programme, involving the education and
health sectors).

C. Factors and difficulties
impeding the implementation of the Convention

10. The Committee acknowledges that difficult
topography (i.e. difficult mountainous terrain); the relatively recent
socio-economic development, the pressures posed by high population growth on the
provision of social services and the shortage of human and economic resources
are factors impeding the implementation of some provisions of the
Convention.

11. The Committee notes the challenges posed by the
State party's aspirations to maintain its unique culture and identity amidst
increasing development and openness, as well as within the regional context.

D. Principal subjects of concern
and recommendations

1. General measures of
implementation

Legislation

12. While noting various legislative measures already
taken or proposed with respect to child rights (e.g. amendments to the 1980
Marriage Act, the 1993 Rape Act, the draft Juvenile Justice Act, draft Civil and
Criminal Codes, and the draft Immoral Trafficking Act), the Committee is
concerned that they do not reflect a comprehensive rights-based approach to the
implementation of the Convention.

13. The Committee
recommends that the State party:

(a) Ensure the speedy promulgation of legislation
relating to child rights;

(b) Undertake a comprehensive review of existing
legislation, from a rights-based approach, to ensure its conformity with the
principles and provisions of the Convention; and

(c) Consider adopting a comprehensive children's code
which would incorporate the principles and provisions of the Convention.

Coordination

14. The Committee welcomes the information that the
Government is planning to review the implementation structure for the
Convention, particularly the strengthening of the role of the CRC Task Force.
However, it is concerned that the CRC Task Force is not yet operational.

15. The Committee
recommends that the State party:

(a) Pursue the preparation and development of a
comprehensive national plan of action for the implementation of the Convention,
through an open, consultative and participatory process;

(b) Ensure that the CRC Task Force is responsible for
intersectoral coordination and cooperation (at and between national and local
levels of government), dissemination and training of the Convention,
coordination of NGO activities in the implementation of the Convention, as well
as coordination in the preparation of the State party's reports; and

(c) Ensure that the CRC Task Force is adequately
resourced (e.g. financially and professionally).

Cooperation with civil society

16. Noting good governmental cooperation in the
development and welfare sectors with national associations, bilateral aid
agencies, international organizations and NGOs, the Committee is nevertheless
concerned that insufficient efforts have been made to involve civil society,
particularly in the area of civil rights and freedoms, in the implementation of
the Convention.

17. The Committee
recommends that the State party:

(a) Consider a systematic approach to involving civil
society, especially children's associations, throughout all stages of the
implementation of the Convention, including with respect to civil rights and
freedoms; and

(b) Ensure that legislation regulating NGOs conforms
to international standards on freedom of association, as a step in facilitating
and strengthening their participation.

Data collection

18. The Committee is concerned that disaggregated data
on persons under 18 years relating to the rights contained in the Convention are
not systematically collected and used effectively to assess progress and design
policies to implement the Convention.

19. The Committee
recommends that the State party:

(a) Establish a mechanism to systematically collect
and analyse disaggregated data on all persons under 18 years for all areas
covered by the Convention, including members of the most vulnerable groups (i.e.
children of different ethnicity, living in remote areas, with disabilities, of
economically disadvantaged households, etc.); and

(b) Seek technical assistance from, among others,
UNICEF.

Monitoring structures

20. The Committee is concerned at the lack of an
independent mechanism with a mandate to regularly monitor and evaluate progress
in the implementation of the Convention and empowered to receive and address
complaints.

21. The Committee
recommends that the State party:

(a) Consider the establishment of an independent
national human rights institution, in accordance with the Paris Principles
relating to the status of national institutions (General Assembly resolution
48/134), to monitor and evaluate progress in the implementation of the
Convention at the national and at the local levels. This institution should be
accessible to children and empowered to receive and investigate complaints of
violations of child rights in a child-sensitive manner and to address them
effectively; and

(b) Seek technical assistance from, among others, the
OHCHR, UNICEF and the European Network of Ombudspersons for Children.

Budgetary allocation

22. While noting significant investment and increased
budgetary allocation in the social sector, the Committee is still concerned that
insufficient attention has been paid to article 4 of the Convention regarding
the implementation to the "maximum extent of ... available resources" of the
economic, social and cultural rights of children.

23. The Committee
recommends that the State party:

(a) Systematically assess the impact of budgetary
allocations on the implementation of child rights;

(b) Ensure that multi-sectoral programmes are
adequately funded;

(c) Ensure the distribution - to the maximum extent -
of available resources at the national and local level, and, where needed,
within the framework of international cooperation; and

(d) Consider its obligations under the Convention in
all aspects of its negotiations with international financial institutions and
other donors, to ensure that the economic, social and cultural rights of
children, particularly children belonging to the most vulnerable groups, are
well observed.

Training/dissemination of the Convention

24. Noting some efforts by the State party (e.g. radio
programmes), the Committee is concerned that awareness of the Convention amongst
professionals working with and for children and the general public, including
children themselves, remains low. The Committee is concerned that the State
party is not undertaking adequate dissemination and awareness raising activities
in a systematic and targeted manner.

25. The Committee
recommends that the State party:

(a) Develop an ongoing programme for the dissemination
of information on the Convention and its implementation among children and
parents, civil society and all sectors and levels of government, including
initiatives to reach those vulnerable groups who are illiterate or without
formal education;

(b) Develop systematic and ongoing human rights
training programmes for all professional groups working for and with children
(e.g. judges, lawyers, law enforcement officials, civil servants, local
government officials, personnel working in institutions and places of detention
for children, teachers, health personnel); and

(c) Seek assistance from, among others, OHCHR and
UNICEF.

2. Definition of the
child

26. The Committee notes that the 1996 amendment to the
Marriage Act of 1980 raised the age of marriage of girls to 18. It further notes
information from the delegation that courts generally interpret the law to
include persons under 18 as children for all purposes.

27. The Committee
recommends that the State party review its legislation with a view to ensuring
that the definition of the child and minimum age requirements conform to the
principles and provisions of the Convention, are gender neutral, are explicit
and are enforced by law.

3. General principles

The right to non-discrimination

28. The Committee is concerned at the disparities in
the enjoyment of rights experienced by children belonging to the most vulnerable
groups (e.g. children living in remote areas, belonging to other ethnic groups,
with disabilities from economically disadvantaged households, etc.).

29. The Committee
recommends that the State party:

(a) Make greater efforts to ensure that all children
within its jurisdiction enjoy all the rights set out in the Convention without
discrimination, in accordance with article 2; and

(b) Prioritize and target social services for children
belonging to the most vulnerable groups.

30. The Committee is concerned about the impact on
children of reports of discrimination against individuals belonging to the
Lhotshampas. In particular, it is concerned about reports: that these children
face de facto discrimination in access to education and other services and on
the basis of status, activities, or opinions of their parents, or relatives.

31. The Committee
recommends that the State party:

(a) Take effective measures, including enacting or
rescinding legislation where necessary, to prevent and eliminate discrimination,
in accordance with article 2 of the Convention, in all fields of civil,
economic, political, social and cultural life;

(b) Establish accessible, prompt and effective
mechanisms to monitor, receive and address complaints of discrimination (e.g.
prompt appeal in circumstances of denial of school enrolment); and

(c) Take all appropriate measures, such as
comprehensive public education campaigns, to prevent and combat negative
societal attitudes towards different ethnic groups.

Respect for the views of the child

32. The Committee notes the State party's efforts to
respect the views of children in schools (e.g. the 1997 school code of conduct).
Nevertheless, it is concerned that traditional attitudes towards children in
society at large may limit the exercise of this right, especially within the
family.

33. The Committee
recommends that the State party:

(a) Continue to promote and facilitate, within the
family, the school, the courts and administrative bodies, respect for the views
of children and their participation in all matters affecting them, in accordance
with article 12 of the Convention;

(b) Develop skills-training programmes in community
settings for teachers, social workers and local officials at the village-block
level to assist children to express their informed views and opinions and to
have them taken into consideration; and

(c) Seek assistance from, among others, UNICEF.

4. Civil rights and
freedoms

Birth registration

34. Noting the difficulties imposed by terrain and
settlement patterns, the Committee is concerned that the failure of timely birth
registration can have negative consequences on the full enjoyment by children of
their fundamental rights and freedoms.

35. The Committee
recommends that the State party:

(a) Make greater efforts to ensure the timely
registration of all births, and issue birth certificates;

(b) Carry out awareness-raising about registration in
rural areas; and

(c) Consider the establishment of mobile registration
offices and registration units in schools.

Nationality

36. The Committee is concerned that under citizenship
laws, a child of a Bhutanese mother and a non-national father must face a
burdensome naturalization process, whereas this is not required if the father is
Bhutanese.

37. The Committee
recommends that the State party ensure the right of a child to a nationality
without discrimination on the basis of the gender of the parent(s), in
accordance with articles 2 and 7 of the Convention.

5. Family environment and
alternative care

Family reunification

38. The Committee is concerned that as a result of
events following the census in the late 1980s, there may be children in southern
Bhutan who are separated from their parents, or whose parents are residing
abroad as refugees.

39. The Committee
recommends that the State party ensure that family reunification is dealt with
in a positive, humane and expeditious manner, in accordance with article 10 of
the Convention.

Violence/abuse/neglect/maltreatment

40. Noting the respect for children in Bhutan, the
Committee is concerned that there is insufficient information and awareness of
the ill-treatment of children in schools and within the family.

41. The Committee
recommends that the State party:

(a) Conduct a study to assess the nature and extent of
ill-treatment of children, and design policies and programmes to address
it;

(b) Take legislative measures to prohibit all forms of
physical and mental violence, including corporal punishment and sexual abuse of
children in the family, schools, and in institutions;

(c) Carry out public education campaigns about the
negative consequences of ill-treatment of children and promote positive,
non-violent forms of discipline as an alternative to corporal punishment;

(d) Establish effective procedures and mechanisms to
receive, monitor and investigate complaints, including intervention where
necessary;

(e) Prosecute instances of ill-treatment, ensuring
that the abused child is not victimized in legal proceedings;

(f) Train teachers, law enforcement officials, care
workers, judges and health professionals in the identification, reporting and
management of ill-treatment cases; and

(g) Seek assistance from, among others, UNICEF and
WHO.

6. Basic health and
welfare

Right to health and healthcare

42. The Committee notes significant achievements in
the health sector: improvements in health indicators; increased investment; the
inclusion of health education in the school curricula; and the establishment of
basic health units, outreach clinics and health volunteer programmes. However,
it is concerned about problems of access to services and the shortage of trained
health workers.

43. The Committee
recommends that the State party:

(a) Make greater efforts to ensure access to health
services; and

(b) Continue to allocate the required resources to
address the shortage of trained health workers.

44. Noting the State party's efforts to address
adolescent health, such as the publication of pamphlets on reproductive and
mental health, and drug abuse, the Committee is concerned at the effectiveness
of these efforts.

45. The Committee
recommends that the State party:

(a) Ensure that adolescents have access to and are
provided with education on reproductive health and other adolescent health
issues, as well as with child-sensitive and confidential counselling
services;

(b) Strengthen its efforts to provide adolescent
health education within the educational system; and

(c) Seek assistance from, among others, UNICEF and
WHO.

Children with disabilities

46. Noting some efforts by the State party concerning
children with disabilities (i.e. the pilot school for inclusive education and
formation of a parents support group in Thimpu, and a school for visually
impaired children), the Committee is concerned that children with disabilities
in general have inadequate access to specialized services and education, and
there is insufficient support for families.

47. The Committee
recommends that the State party:

(a) Conduct a survey to assess the causes and extent
of disability among children;

(b) Review existing policies and practice in relation
to children with disabilities, taking due regard of the Standard Rules on the
Equalization of Opportunities for Persons with Disabilities (General Assembly
resolution 48/96) and of the Committee's recommendations adopted at its day of
general discussion on "Children with disabilities" (see CRC/C/69);

(c) Involve children with disabilities and their
families in the development of surveys and policy review;

(d) Undertake greater efforts to make available the
necessary resources (e.g. professional and financial, including professional and
financial support to families);

(e) Undertake greater efforts to promote and expand
community-based rehabilitation programmes, including parent support groups, and
inclusive education of children with all forms of disability; and

(f) Seek assistance from, among others, UNICEF and
WHO.

7. Education, leisure and cultural
activities

Education

48. Noting significant achievements in education
indicators, the Committee is concerned that primary education is not compulsory;
that there is still a significant gender gap in enrolment; and that there are
deficiencies in access to education and the quality of teacher training.

49. The Committee
recommends that the State party:

(a) Ensure that primary education is free and made
compulsory;

(b) Make greater efforts to close the gender gap; and

(c) Allocate the required resources to address access
to education and the quality of teacher training.

50. Noting with appreciation that the aims of
education are generally in conformity with article 29 of the Convention, the
Committee is concerned that human rights education, including the Convention, is
not included in the school curricula.

51. Taking due regard of
its General Comment No. 1 on the aims of education, the Committee recommends
that the State party:

(a) Include human rights education in the curricula,
particularly with respect to the development and respect for human rights,
tolerance, and equality of the sexes and of religious and ethnic minorities;
and

(b) Seek assistance from UNICEF and UNESCO.

8. Special measures of
protection

Refugees

52. While noting that the verification process of
refugees in camps in Nepal has commenced, the Committee is nevertheless
concerned at the slow rate of this process and the serious and negative impact
this has on the rights of children residing in these camps, particularly given
that repatriation will begin only once all refugees have been verified.

53. In accordance with
the principles of the best interests of the child, the right to a nationality
and to the preservation of identity (articles 3, 7 and 8 of the Convention), and
with a view to reaching a just and durable solution to the situation of refugees
in camps in Nepal, the Committee recommends that the State party:

(a) Make greater efforts to expedite the verification
process and consider the possibility of repatriating individuals within a
reasonable time following individual verification;

(b) Consider a mechanism to allow individuals to
appeal against decisions;

(c) Ensure that returnees are repatriated and
resettled, in safety and dignity, to their place of origin or choice;

(d) Consider acceding to the 1951 Convention relating
to the Status of Refugees, its 1967 Protocol, and the conventions on
statelessness; and

(e) In the best interests of the children, consider
seeking assistance from UNHCR.

Armed conflict

54. The Committee is concerned at the low age of 15
for voluntary enlistment in the armed forces.

55. The Committee
recommends that the State party consider raising this to 18.

56. The Committee expresses its concern at the
negative impact on children of reported armed insurgency in the south-central
and south-eastern parts of the country.

57. In light of article
38 and other relevant articles of the Convention, the Committee recommends that
the State party:

(a) At all time, ensure respect for human rights and
humanitarian law aimed at the protection and care of children affected by armed
conflict; and

(b) Provide physical rehabilitation and psychological
recovery measures for these children.

Child labour

58. The Committee is concerned at the absence of
legislation on the minimum age for admission to employment, as well as
insufficient information on children working, including in the informal sector,
such as agriculture. It is concerned that an increasing number of children are
dropping out of school and taking up work in urban areas (e.g. as waiters, as
bus attendants, in vehicle workshops, or as domestic workers).

59. The Committee
recommends that the State party:

(a) Undertake a national survey on the causes and
extent of child labour;

(b) Establish a minimum age for admission to
employment, in accordance with the principles and provisions of the Convention,
that is in conformity with the age of completion of education, and ensure that
it is enforced; employers should be required to have, and to produce on demand,
proof of age of all children working on their premises.

(c) Establish a mechanism to monitor the
implementation of standards which is empowered to receive and address complaints
of violations;

(d) Carry out campaigns to inform and sensitize the
general public, especially parents and children, of work hazards; and

(e) Consider membership in ILO.

Sexual exploitation

60. Noting the 1993 Rape Act and the draft Immoral
Trafficking Act, the Committee is concerned at the insufficient data on and
awareness of the phenomenon of sexual exploitation of children in Bhutan.

61. The Committee
recommends that the State party:

(a) Undertake a national study on the nature and
extent of sexual exploitation of children (i.e. sale of children, child
prostitution and child pornography), and compile and keep up to date
disaggregated data to serve as a basis for designing measures and evaluating
progress in this area;

(b) Review its legislation and ensure that it
criminalizes the sexual exploitation of children, is gender neutral and
penalizes all offenders involved, whether local or foreign, while ensuring that
the child victims are not penalized;

(c) Ensure that legal procedures are simplified so
that responses are appropriate, timely, and sensitive to victims;

(d) Establish rehabilitation and social reintegration
programmes for child victims;

(e) Train personnel working with child victims;
and

(f) Carry out awareness-raising campaigns to sensitize
and mobilize the general public on the child's right to physical and mental
integrity and safety from sexual exploitation.

Administration of juvenile justice

62. While noting the establishment of the Youth
Development and Rehabilitation Centre, the Committee is nevertheless concerned
at the administration of juvenile justice. In particular, it notes the absence
of information on the minimum age of criminal responsibility. The Committee is
also concerned that insufficient efforts have been made to ensure the speedy
adoption of the draft juvenile justice and criminal procedure legislation.

63. The Committee
recommends that the State party:

(a) Establish a minimum age of criminal responsibility
that is in accordance with the principles and provisions of the
Convention;

(b) Expedite the promulgation of the draft juvenile
justice and criminal procedure laws;

(c) Ensure that the system of juvenile justice fully
integrates into its legislation and practice the provisions of the Convention,
in particular articles 37, 40 and 39, as well as other relevant international
standards in this area, such as the Beijing Rules, the Riyadh Guidelines, the
United Nations Rules for the Protection of Juveniles Deprived of their Liberty,
and the Vienna Guidelines for Action on Children in the Criminal Justice
System;

(d) Ensure that the deprivation of liberty is used
only as a measure of last resort, for the shortest possible time, is authorized
by the court, and that persons under 18 are not detained with adults;

(e) Ensure that children have access to legal aid and
independent and effective complaints mechanisms;

(f) Consider alternative measures to deprivation of
liberty, such as probation, community service, or suspended sentences;

(g) Train professionals in the area of rehabilitation
and social reintegration of children;

(h) Seek assistance from, among others, OHCHR, the
Centre for International Crime Prevention, the International Network on Juvenile
Justice and UNICEF, through the Coordination Panel on Technical Advice and
Assistance on Juvenile Justice.

9. Optional Protocols

64. The Committee
encourages the State party to ratify the Optional Protocols to the Convention on
the Rights of the Child on the sale of children, child prostitution and child
pornography, and on the involvement of children in armed conflict.

10. Dissemination of
documentation

65. Finally, the
Committee recommends that in accordance with article 44, paragraph 6, of the
Convention, the initial report presented by the State party be made widely
available to the public at large and that consideration be given to the
publication of the report along with the written answers to the list of issues
raised by the Committee, the relevant summary records of the discussion, and the
concluding observations adopted by the Committee following its consideration of
the report. 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, the Parliament and the general public, including
concerned non-governmental organizations.

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Office of the United
Nations High Commissioner for Human Rights
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