CRC/C/15/Add.69
page 2
4.
The Committee is encouraged by the fact that the State party has
adopted a National Plan of Action and established a National Committee on the
Rights of the Child in 1993.
5.
The Committee welcomes the enactment of a national law on the protection
of children in 1993.
C.
Factors and difficulties impeding the
implementation of the Convention
6.
The Committee notes that the State party has been deeply affected by
years of internal conflict that has gravely disturbed some regions of the
country. Violence and instability have had a considerable negative impact on
the situation of children in Myanmar: many of them have been subjected to
various forms of violations of their rights and have been forced to flee areas
affected by violence.
7.
The Committee further notes that several years of unfavourable economic
conditions in the State party have adversely affected the situation of the
most vulnerable groups in society.
D.
Principal subjects of concern
8.
The Committee is concerned about the lack of conformity between the
existing national legal framework and the principles and provisions of the
Convention, namely the Citizenship Act, the Village and Towns Acts and the
Whipping Act. The Committee is also concerned by the fact that the laws
relating to freedom of expression and association and some sections of the Law
on Child Labour raise doubts as to their conformity with the provisions of the
Convention. It is also of the opinion that the law concerning juvenile
justice is not guided by the Convention and other relevant international
instruments. The age of criminal responsibility, at present seven years of
age, is too low; torture is not clearly prohibited by existing
legislation and no complaint procedure for children exists. The Committee is
also worried that the law prohibiting discrimination fails fully to conform to
article 2 of the Convention by not explicitly protecting children from
discrimination "on the basis of ... political or other opinion ..., ethnic or
social origin ..., disability" of the child or his/her parents. Finally, the
Committee is concerned that the human rights of children are not yet
integrated in a fundamental body of law.
9.
The Committee is concerned that the Convention on the Rights of the
Child and the National Plan of Action have not yet been translated into
concrete programmes, sectoral policies and allocation of necessary resources
to ensure the implementation of the rights recognized in the Convention
throughout the country. Lack of evaluation and monitoring systems are also a
matter of concern.
10.
The Committee, while recognizing the efforts undertaken by the State
party in the collection of data, is concerned that the system of data
collection does not adequately disaggregate information so as to reflect the
situation of all children, particularly those belonging to the most
disadvantaged groups, including children belonging to minority groups,