Distr.

GENERAL

CRC/C/15/Add.95
26 October 1998

Original: ENGLISH

Concluding observations of the
Committee on the Rights of the Child : Bolivia.
26/10/98.

CRC/C/15/Add.95.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

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: Bolivia

1. The
Committee considered the second periodic report of Bolivia (CRC/C/65/Add.1) at
its 485th and 486th meetings (see CRC/C/SR.485-486), held on 25 September 1998,
and adopted* the following concluding observations:

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

A. Introduction

2. The Committee welcomes the timely submission of the State party's second
periodic report and takes note of the written answers to the list of issues
(CRC/C/Q/BOL.2). The Committee is encouraged by the frank, self-critical and
constructive dialogue the State party's delegation undertook with the Committee.
The Committee also acknowledges that the presence of a delegation directly
involved in the implementation of the Convention enabled it to assess better the
situation of the rights of the child in the State party.

B. Follow-up measures undertaken and progress achieved by the State
party

3. The Committee acknowledges the State party's commitment to the promotion
and protection of human rights with the establishment of a Vice-Ministry for
Human Rights within the new structure of the Ministry of Justice and Human
Rights. The Committee also welcomes the establishment of the Office of the Human
Rights Ombudsperson (Defensor del Pueblo) and the inclusion of children's rights
within its mandate.

4. The Committee expresses its appreciation of the enactment of the Popular
Participation Act (1994), which establishes the principle of equal distribution
per inhabitant of the joint resources from taxation allocated and transferred to
regions, and seeks to correct the historical disparities between urban and rural
areas. This initiative reflects the Committee's recommendation (see
CRC/C/15/Add.1, para. 14). The Committee particularly welcomes the
establishment, as part of the decentralization programme, of the municipal
defence system for children.

5. The Committee notes with appreciation the participation of
non-governmental organizations in the elaboration of the State party's second
periodic report and in amending the Code of Minors (1992), in line with a
recommendation of the Committee (see CRC/C/15/Add.1, para. 18).

6. The Committee notes with appreciation the adoption of the National Mother
and Child Insurance Scheme (1996), under which public hospitals and health
centres provide free care for all mothers, during pregnancy, childbirth and the
post-natal period, and for all children up to five years of age.

7. In the light of the Committee's recommendation (see CRC/C/15/Add.1. para.
14), the enactment of the Educational Reform Act (1994), which makes the
provision of educational services in the State party available to the whole
society without any type of discrimination, is welcomed by the Committee.

8. The Committee welcomes the accession (1997) of the State party to
International Labour Organization (ILO) Convention No. 138 concerning Minimum
Age for Access to Employment.

C. Factors and difficulties impeding further progress
in the implementation of the Convention

9. The Committee notes the persistence of large disparities in income
distribution and is of the view that this problem, which has contributed to
long-term hard-core poverty, is still affecting children's exercise of their
rights.

10. The Committee notes that severe economic constraints, due in particular
to structural adjustment programmes and external debt, are still having a
negative impact on the situation of children.

D. Principal subjects of concern and Committee
recommendations

11. While noting the measures taken by the State party to implement the
recommendations of the Committee (see CRC/C/15/Add.1, para. 13) regarding the
need to reform the Minors Code (1992), and taking into consideration the
information provided on the forthcoming enactment of the Code for Children and
Adolescents (Proyecto de Código de los Niños, Niñas y Adolescentes), the
Committee remains concerned about some discrepancies between domestic
legislation and the provisions of the Convention, as well as about the slow pace
of the current process of reform. The Committee recommends that the State party
take all available measures to ensure that the current process of reform of its
legislation on children's rights is in full conformity with the principles and
provisions of the Convention. The Committee also recommends that the State party
take all the necessary steps to accelerate the current process of reform.

12. With regard to the Committee's recommendation (see CRC/C/15/Add.1, para.
13) concerning the need to develop indicators for monitoring the implementation
of policies and programmes for children, the Committee takes note of the State
party's efforts to include some disaggregated data and other indicators in the
periodic report and in the written replies. Nevertheless, it remains concerned
that disaggregated data and indicators for all areas covered by the Convention
were not included. The Committee recommends that the State party continue
reviewing and updating its data collection system, with a view to including all
the areas covered by the Convention. Such a system should include all children
under 18 years of age and specifically emphasize vulnerable groups of children.
In this regard, the Committee encourages the State party to seek technical
assistance from UNICEF and other international agencies.

13. While the Committee takes note of the willingness of the State party to
launch a major campaign on children's rights upon the enactment of the new
Children and Adolescents Code (Código de los Niños, Niñas y Adolescentes), it
expresses its concern at the lack of measures taken so far to implement its
recommendation (see CRC/C/15/Add.1, para. 17) to disseminate information on the
provisions of the Convention. The Committee recommends that the State party take
all available measures to disseminate the principles and provisions of the
Convention, especially in the three national languages other than Spanish
(Aymara, Quechua and Guarani) spoken in the State party. The Committee suggests
that the State party seek assistance from, inter alia, UNICEF in this
regard.

14. The Committee welcomes the willingness of the State party to include a
children's rights component, including the training of professionals working
with and for children, in its technical cooperation programme with the Office of
the High Commissioner for Human Rights/UNDP for the implementation of the State
party's National Plan of Action on Human Rights. The Committee encourages the
State party to continue with its efforts to provide sensitization programmes and
training to all professional groups working with and for children, such as
judges, lawyers, law enforcement and army officials, civil servants, personnel
working in institutions and places of detention for children, teachers, health
personnel, psychologists and social workers. Dissemination of the provisions and
principles of the Convention to non-governmental organizations, the mass media
and the public at large including children themselves, should be enhanced.

15. While the Committee is aware of the efforts undertaken by the State party
to allocate substantial financial resources for the benefit of children, it
reiterates its concern (see CRC/C/15/Add.1, para. 7) that the stringent
budgetary measures and external debt, as well as the persistence of widespread
poverty and uneven income distribution, are still having a negative impact on
the situation of children in the State party. In the light of articles 2, 3 and
4 of the Convention, the Committee encourages the State party to continue
undertaking all appropriate measures to the maximum extent of its available
resources, including international cooperation, to continue ensuring that
sufficient budgetary allocation is provided to social services for children and
that particular attention is paid to the protection of children belonging to
vulnerable and marginalized groups. The Committee also recommends that the State
party take children's rights into consideration in designing its social policies
and programmes. Furthermore, the Committee encourages the State party to
continue with its efforts to reduce the burden of its external debt, including
the measures taken within the framework of the World Bank/ International
Monetary Fund's initiative "Highly Indebted Poor Countries".

16. The Committee reiterates its concern (see CRC/C/15/Add.1, para. 8)
regarding the implementation of article 1 and other related provisions of the
Convention, owing to disparities in domestic legislation, especially concerning
the minimum legal ages for access to work and for marriage. The Committee is
also concerned about the use of the biological criterion of puberty to set
different ages of maturity for boys and girls. This practice is contrary to the
principles and provisions of the Convention and, inter alia, it
constitutes a form of gender-based discrimination which affects the enjoyment of
all rights. The Committee recommends that the State party introduce appropriate
amendments to the draft code for children and adolescents (Proyecto de Código de
los Niños, Niñas y Adolescentes) and raise the minimum legal ages for work and
marriage, in order to bring it into full conformity with the principles and
provisions of the Convention.

17. With regard to the implementation of article 2 of the Convention, the
Committee reiterates its concern (see CRC/C/15/Add.1, para. 9) at the growing
disparities between rural and urban areas, as well as the growing number of the
population living in urban poor and marginalized areas. Furthermore, the
predominance of discrimination on the basis of ethnic origin, gender, social
status and disabilities is also a major concern. The Committee reiterates its
recommendation (see CRC/C/15/Add.1, para. 14) to the State party and further
recommends that it increase measures to reduce economic and social disparities,
including between rural and urban areas, to prevent discrimination against the
most disadvantaged groups of children, such as children belonging to indigenous
communities, girl children, children with disabilities, children born out of
wedlock and children who are living and/or working on the streets.

18. While the Committee notes that the principles of the "best interests of
the child" (art. 3) and "respect for the views of the child" (art. 12) have been
incorporated in domestic legislation, it remains concerned that in practice, as
it is recognized in the report, these principles are not respected owing to the
fact that children are not yet perceived as persons entitled to rights and that
the rights of the child are undermined by adults' interests. The Committee
recommends that further efforts be made to ensure the implementation of the
principles of the "best interests of the child" and "respect for the views of
the child", especially his or her rights to participate in the family, at
school, within other institutions and in society in general. These principles
should also be reflected in all policies and programmes relating to children.
Awareness-raising among the public at large, including traditional communities
and religious leaders, as well as educational programmes on the implementation
of these principles should be reinforced.

19. The Committee expresses its concern at the insufficient measures taken by
the State party in the area of birth registration, and at the lack of awareness
and understanding of registration procedures, especially in rural areas. In the
light of article 7 of the Convention, the Committee recommends that the State
party take all available measures to ensure the immediate registration of the
birth of all children. Furthermore, the Committee encourages the State party to
ensure that birth registration procedures are widely made known to the
population at large, if necessary in cooperation with non-governmental
organizations and with the support of international organizations.

20. While the Committee welcomes the adoption of legislation on domestic
violence, it remains concerned about persistent ill-treatment of children in the
State party. Concern is also expressed at the insufficient awareness and lack of
information, research, statistics and data on ill-treatment and abuse, including
sexual abuse, both within and outside the family, at the insufficient legal
protection measures and appropriate resources, both financial and human, as well
as at the lack of adequately trained personnel to prevent and combat such abuse.
The insufficiency of rehabilitation measures for such children and their limited
access to justice is also a matter of concern. In the light, inter alia,
of articles 19 and 39 of the Convention, the Committee recommends that the State
party take all appropriate measures to prevent and combat ill-treatment and
sexual abuse of children within the family, schools and society at large. It
suggests, inter alia, the setting up of social programmes to prevent all
types of child abuse as well as the rehabilitation of child victims. Law
enforcement should be strengthened with respect to such crimes; adequate
procedures and mechanisms to deal with complaints of child abuse should be
developed.

21. While the Committee takes note of existing legislation prohibiting
corporal punishment of children, it remains concerned that corporal punishment
is still widely used within the family and in schools and institutions. In
connection with the child's right to physical integrity, recognized by the
Convention in its articles 19, 28, 29 and 37, the Committee recommends that the
State party consider the possibility of undertaking educational campaigns. Such
measures would help to change societal attitudes towards the use of physical
punishment within the family and in schools and institutions.

22. While the Committee notes the inclusion of legislative measures on
adoption in the Minors Code (1992), it remains concerned at the lack of adequate
protection measures with regard to intercountry adoption. The Committee
encourages the State party to consider acceding to the Hague Convention of 1993
on Protection of Children and Cooperation in Respect of Intercountry Adoption.

23. The Committee expresses its concern at the situation of children living
in institutions and of children living in penitentiary centres with one of their
parents. Concern is also expressed at the lack of follow-up measures and of a
system to monitor and evaluate the development of these groups of children. The
Committee recommends that the State party take the necessary steps to establish
alternatives to institutionalizing children (for example, foster families),
especially for those living with one of their parents in penitentiary centres.
The Committee further recommends that the State party undertake follow-up
measures and institute a monitoring and evaluation system to ensure the adequate
development of these groups of children.

24. While the Committee notes with appreciation the efforts undertaken by the
State party in the area of basic health, it is still concerned about the
persistence of a high infant mortality rate and limited access of children to
basic health services. Furthermore, the persistence of common childhood diseases
(for example, gastro-intestinal and respiratory illnesses), increased
malnutrition in children under five years of age and growing adolescent
health-related problems, such as teenage pregnancy, smoking and alcohol
consumption are also issues of concern. The Committee recommends that the State
party take all appropriate measures, including seeking international
cooperation, to ensure access to basic health care and services for all children
and that adolescent health policy and programmes are developed, including
prevention, care and rehabilitation measures. More concerted efforts need to be
taken to combat malnutrition and ensure the adoption and implementation of a
national nutritional policy for children.

25. While the Committee acknowledges the State party's policies for the
protection of refugees, it remains concerned at the lack of specific provisions
in its legislation concerning the rights of asylum seeking and refugee children
and the right to family reunification. In the light of article 22 of the
Convention, the Committee recommends that the State party adopt legislation to
protect all the rights of asylum seeking and refugee children. Technical
assistance from the Office of the United Nations High Commissioner for Refugees
(UNHCR) might be requested in this regard.

26. The Committee is concerned about the situation of children living in the
Chapare region, who are constantly exposed to the side effects of anti-narcotics
interventions and live in a violent environment which has a negative impact on
their development. The Committee recommends that the State party take
appropriate measures to ensure the protection of children living in the Chapare
region.

27. The Committee expresses its concern at the situation of children living
in towns on the border with Chile, whose lives are threatened by landmines
planted in that region. The Committee recommends that the State party take all
necessary measures, including awareness-raising programmes on landmines and
training for the population at large, for the protection of children living in
these towns. In this regard, the Committee encourages the State party to
consider seeking international cooperation, as well as conducting bilateral
consultations for the clearance of landmines.

28. With regard to the Committee's concern (see CRC/C/15/Add.1, para. 9) at
the situation with regard to child labour in the State party, the Committee
takes note of the measures taken in this area, such as the signing of a
memorandum of understanding (1996) between the State party and the International
Labour Organization, and the establishment of a pilot education programme for
working children, financed by the Inter-American Development Bank. Nevertheless,
the Committee is still concerned that economic exploitation remains one of the
major problems affecting children in the State party. The Committee also
reiterates its concern (see CRC/C/15/Add.1, para. 12) about the situation of
children working and/or living on the streets. In the light of, inter
alia, articles 3 and 32 of the Convention, the Committee recommends that the
State party should not lower the minimum age for access to work. It encourages
the State party to continue giving attention to the situation of children
involved in hazardous labour, including domestic labour and prostitution, in
order to protect them from being exploited and from the negative impact on their
development. The Committee recommends that the State party undertake research on
the issue of children living and/or working on the streets as a basis for
adopting appropriate programmes and policies for the protection and
rehabilitation of these children and the prevention of this phenomenon.

29. The Committee is concerned at the absence of data and of a comprehensive
study on the issue of sexual exploitation of children. In the light of article
34 and related articles of the Convention, the Committee recommends that the
State party undertake studies with a view to designing and implementing
appropriate policies and measures, including care and rehabilitation, to combat
the sexual exploitation of children. It also recommends that the State party
reinforce its legislative framework to protect children fully from all forms of
sexual abuse or exploitation, including within the family. The Committee further
recommends that the State party continue implementing the recommendations
formulated in the Agenda for Action adopted at the 1996 Stockholm World Congress
against Commercial Sexual Exploitation of Children.

30. With regard to the juvenile justice system in the State party, the
Committee is concerned about its lack of full compatibility with articles 37, 40
and 39 of the Convention and with other relevant standards such as the Beijing
Rules, the Riyadh Guidelines and the United Nations Rules for the Protection of
Juveniles Deprived of their Liberty. In particular, the Committee is
concerned about the conditions of children living in special
institutions, the use of violence by law enforcement officials, that deprivation
of liberty is not systematically used as a measure of last resort and that
children are detained together with adults. The Committee recommends that the
State party envisage undertaking further measures to ensure the full
compatibility of the juvenile justice system with the Convention, especially,
articles 37, 40 and 39 and other relevant United Nations standards in this
field. Particular attention should be paid to ensuring the improvement of the
conditions of children living in special institutions, that violence is not used
by law enforcement officials, that the use of deprivation of liberty is only
used as a measure of last resort and that children are not detained together
with adults. The Committee encourages the State party to consider ratifying the
International Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. Training programmes on the relevant international
standards should be conducted for all professionals involved with the juvenile
justice system. In this regard, the Committee further suggests that the State
party consider seeking technical assistance from, inter alia, the Office
of the United Nations High Commissioner for Human Rights, the Centre for
International Crime Prevention, the International Network on Juvenile Justice
and UNICEF through the Coordination Panel on Juvenile Justice.

31. Lastly, in the light of article 44, paragraph 6, of the Convention, the
Committee recommends that the second periodic report and written replies
submitted by the State party be made widely available to the public at large and
that consideration be given to publishing the report, along with the relevant
summary records and concluding observations adopted 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 Parliament and among the general public, including concerned
non-governmental organizations.

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