COMMITTEE ON RIGHTS OF CHILD CONSIDERS INITIAL REPORT OF SAINT VINCENT AND THE GRENADINES

CRC
30th session
3 June 2002



High Commissioner for Human Rights Addresses
Committee Expressing Concerns About the Outcome
of the Special Session on Children



The Committee on the Rights of the Child today considered an initial report from Saint Vincent and the Grenadines by questioning a Government delegation on, among other things, child abuse, street children, child pregnancy and abandoned children.
Introducing her country's initial report, Girlyn Miguel, Minister of Social Development, Cooperation, the Family, Gender and Ecclesiastical Affairs of Saint Vincent and the Grenadines, said that in spite of the socio-cultural and economic factors that were mitigating against development within the society, Vincentians remained passionate about their children, and they continued to show great concern for their well-being. So too was the Government, which advocated the principles enshrined in the Convention and pledged to implement them fully, she added.
In preliminary remarks, Committee Expert Judith Karp said that the Government had to implement concrete action plans and at the same time, it had to make efforts to change the culture and attitude of the society with regard to child rights. However, there should be a balance between the protection of child rights and the protection of parents so as not to frighten parents by too much talk of child rights. The Government should also make a clear statement reflecting the protection of child rights and dignity, she said.
Also representing Saint Vincent and the Grenadines were Rosita Snagg, Director of Community Services, and La Ferne Cato, Director of Family Services at the Ministry of Social Development, Cooperation, the Family, Gender and Ecclesiastical Affairs.
In two meetings, held in the morning and the afternoon, the Committee considered Saint Vincent and the Grenadines' initial report, which was submitted in compliance with the State's obligations under the Convention on the Rights of the Child, which has been ratified by 191 States to date.
The Committee will issue its concluding observations and recommendations on the initial report of Saint Vincent and the Grenadines towards the end of its three-week session to be concluded on 7 June.
Also this afternoon, High Commissioner for Human Rights Mary Robinson shared her thoughts with the Committee members on the recent General Assembly Special Session on Children, and admitted that on reflection, she had concerns about that important event. She said that from a human rights perspective, the Declaration and Plan of Action clearly did not meet all expectations. Specific links between the Plan of Action and the Convention on the Rights of the Child and other related international instruments were weak, she added.
The Committee will continue its work at 10 a.m. on Tuesday, 4 June, when it is scheduled to begin its consideration of the second periodic report of Spain.

Statement by the High Commissioner for Human Rights
MARY ROBINSON, United Nations High Commissioner for Human Rights, shared her thoughts with the members of the Committee on the General Assembly Special Session on Children, and admitted that on reflection, she had concerns about that important event. From a human rights perspective, the Declaration and Plan of Action clearly did not meet all expectations. Specific links between the Plan of Action and the Convention on the Rights of the Child and other related international instruments were weak. It was therefore crucial that the child rights community continue to stress the commitments of States parties to the Convention. The Committee had a critical role to play in ensuring that States implemented the Plan of Action and the Declaration of the Special Session within the frame of the Convention implementation process already in place at the national level.
A more positive aspect of the Special Session was the participation of children and young people and their emphasis on the Convention and on human rights in general, Mrs. Robinson continued. She said she was extremely impressed with the commitment and competence of the young participants she had met in New York. She encouraged all those who worked for child rights to continue and strengthen the Committee's efforts to involve children and young people directly in their work.
Mrs. Robinson said that the Special Session on Children was followed by another historic moment for the international community: the first session of the Permanent Forum on Indigenous Issues. As the Secretary-General had noted in his remarks to the closing session, the Forum had formidable responsibilities and should determine how best to mobilize the expertise and resources of the United Nations system. It would also have to convince Governments that they should join those efforts and increase the practical attention they give to indigenous issues. The Convention was the only legally binding human rights instrument that explicitly recognized the rights of indigenous children in its article 30. She encouraged Experts to consider how best the Committee could support the work of the Forum in the future.
Mrs. Robinson recalled that the Commission on Human Rights, during its last session, had suggested in a resolution that the Secretary-General appoint an Independent Expert for the study on violence against children. That resolution complemented the one adopted during last year's General Assembly on the same issue and should facilitate the possible appointment of an Independent Expert, hopefully before the end of the summer. The role of the Committee would be crucial in providing expert guidance to the study.
Mrs. Robinson said that both in developed and developing countries, privatization of education, health and other services was a growing trend worldwide. That trend needed to be better understood as one still had fragmented knowledge about the impact of privatization of those services on the enjoyment of human rights.
Following the statement, Committee Chairperson Jacob Egbert Doek and other Committee Experts thanked the High Commissioner for her support and contribution to the work of the Committee, saying that without such support, some of the work might not be realized as expected. Mrs. Robinson's commitment to children's rights and her personal efforts were appreciated by many speakers.
Mr. Doek said that the Committee had been doing its best to monitor the implementation of the provisions of the Convention through country reports, in addition to debates it held on specific issues. The Committee had also issued general comments to assist State parties in their efforts to implement the provisions of the Convention. It was also planning to draft general comments on national human rights institutions on child rights and adolescent health. He hoped that the appointment of the Independent Expert on the study of violence against children would soon be realized.

Report of St. Vincent and the Grenadines
The initial report of Saint Vincent and the Grenadines is contained in document CRC/C/28/Add.18 and outlines the actions undertaken by the Government to promote the interests of children in the State. It includes programmes and activities being implemented by non-governmental organizations and other agencies. The report indicates that there are a number of programmes in place for promoting the rights of the child as outlined in the Convention. It affirms that many of these programmes have had considerable success with the limited resources available. However, there is also the need to address urgent areas which require reform and these areas have been included in the report in order to give some direction on the way forward.
The report notes that the socio-economic base of the country has been and will continue to be negatively affected by the loss of preferential marketing arrangements for bananas, the major export crop. The impact of these developments on public sector spending will determine the ability of the Government to meet its obligations under the Convention. In 1997, the approximate percentage of recurrent government expenditure on education was 20 per cent, health 15 per cent and social welfare 4 per cent of total expenditure. Given the Government's projected emphasis on poverty alleviation programmes for the coming year, there may not be a serious deterioration in the conditions of children in the State.
With regard to the definition of the child, the report says that the laws of the country are historically based on the Common Law system inherited as part of the British colonial tradition prior to attaining independence. The legal rights and responsibilities of children are defined according to their age. The legal minimum age for criminal responsibility is eight years; capital punishment cannot be pronounced against a person under 16 years; and the minimum age for marriage for females is 15 and for males is 16.

Presentation of Report
GIRLYN MIGUEL, Minister of Social Development, Cooperation, the Family, Gender and Ecclesiastical Affairs of Saint Vincent and the Grenadines, said that in spite of the socio-cultural and economic factors that were mitigating against development within the society, Vincentians remained passionate about their children, and they continued to show great concern for their well-being. So too was the Government, which advocated the principles enshrined in the Convention and pledged to implement them fully.
Out of deep concern for children, and recognizing the importance of developing the country's resources to meet the current challenges, the Government had initiated ideas that could take the nation along a new path to meet the new circumstances, she continued. As part of its programme for children, the first youth manifesto for the country's children had been established. The manifesto was an innovation that provided the central ideas, policies and programmes which would guide the Government's youth concerns during its first five years in office.
Mrs. Miguel recalled that since taking office in April 2001, the Government had developed a programme to deal with several of the emerging issues, among which was the initiation of a Youth Empowerment Service programme as a means of reducing unemployment among the youth; and development of a well-established HIV/AIDS unit within the Ministry of Health, with a vigorous national HIV/AIDS campaign.
The Government also joined the United Nations and the rest of the world in supporting the "Say Yes for the Children" campaign, and it annually observed child abuse awareness month in April and child's month in May, the Minister said. The campaign also included the launch of the Global Movement for Children in May 2002, and preparations were being made to take the ten imperative actions and responsibilities on board. The launch had the opportunity to draw the attention of all Vincentians to many of the issues affecting children that were taken lightly.

Questions by Experts on General Measures of Implementation; Definition of the Child
An Expert said that many children in Saint Vincent and the Grenadines reportedly had no regular contact with both of their parents, which hampered their full enjoyment of the provisions of the Convention. The rate of poverty was a problem and challenge to the Government. Although the country was small, the problems it was facing were big. The Government had ratified a number of international conventions, including the Convention on the Rights of the Child; and the current report to the Committee was the first for the country.
The Expert continued to say that the country had draft legislation concerning children which still had to be adopted; and the implementation of laws already adopted had been slow. Outdated laws were also still in place, which necessitated their replacement. The Government had announced the "youth manifesto"; what was the following action to implement that programme? What sort of coordination was taking place between the Government and UNICEF? How was the health service structured?
Another Expert asked what the Ministry of Housing was doing for children; why the National Committee on the Rights of the Child was not represented in the delegation; if family courts also dealt with matters such as teenage pregnancy; and what happened to children left behind by emigrating mothers.
The fact that the Convention was not fully implemented could be explained by the situation that 40 per cent of the population was living below the poverty line, an Expert said. It seemed that some of the legislation in force was inherited from the colonial era. He asked if the Convention had "a legal value" within the country's legal system
Another Expert asked why there was difficulty to collect data on children; who was responsible for the collection of information on the rights of the child; why was compulsory education limited only up to 12 years; and if there was a body to listen to complaints by children.
What sort of activities took place during the child month (May) annual celebration of the rights of the child, an Expert asked. The definition of the child implied different age limits, which was confusing; did the Government plan to harmonize them? Students were sent to work in banana plantations leaving behind their regular classes; what was the reason for that?
Another Expert asked about the definition of "youth", if it was the same definition with that of a child. Was the "youth manifesto" a sort of national plan of action? Were youth and non-governmental organizations (NGOs) involved in actions to implement the manifesto?
The report had indicated that the financing of programmes geared towards poverty alleviation and long-term sustainability of the country was drawn from aid funding such as that available from the European Union, an Expert said. Did the Government receive financial assistance from institutions such as the International Monetary Fund (IMF), since poverty alleviation needed implementation of restructuring programmes?

Response of Saint Vincent and the Grenadines
In response to the questions and comments, the delegation said that children were helping their parents in banana plantations "to sustain life"; and they could go back to school to pursue their studies. In the view of the delegation, that was not considered as child labour.
The problem of HIV/AIDS had been surfacing and clearly demanded more efforts on the part of the Government, the delegation said. Since the Government was new - it had been in office only 14 months - it was trying to do much to implement its promises. The Government believed that HIV/AIDS needed critical attention.
There were more children in the streets rather than in schools because of lack of food, the delegation said. If parents were able to feed their children, there would be less children in the streets. The phenomenon of being absent from school was closely related to poverty and lack of food.
As regards the structure of the National Committee on the Rights of the Child, it was a broad-based organization working within the Government structure, the delegation said. It was responsible for the coordination of all activities on the rights of the child. Recently it had been rejuvenated by allowing all the ministries to be represented in the Committee and to participate in the programmes at the highest level. The Committee met monthly to monitor and evaluate the programmes aimed at promoting the rights of the child.
The delegation said that Family Services took care of cases of child neglect, abandonment, child abuse, teenage pregnancy, child fostering and child complaints. In the past, neighbours and friends used to take care of children, but now the Services had created foster care services where children could be taken care of.
Child abuses were related to frustration, lack of food and absence of a parent, the delegation said. The Child Abuse Awareness Month was designed to increase awareness in the society on child rights and to avert child abuses.
Churches had a big role to play, since they had youth groups to teach boys to assume responsibilities when they grew up as fathers, the delegation said. The society had problems in teaching men to have family responsibilities other than playing the role of "visiting fathers" to single-female-parents -- a phenomenon that was widespread in the Vincentian society.
At present, there were different age groups which were not in keeping with the definition of the child in the Convention, the delegation said. The Government recognized that there was some confusion. However, much of the legislation in force was archaic. A child below 16 who committed a crime, for example, such as murder could not go to prison. There was one case still pending at present, involving a child who committed murder and who had been staying at a police station for the last three months because he was a minor.

Questions on General Principles; Civil Rights and Freedoms; Family Environment and Alternative Care
The Committee Experts raised questions under the main subjects of general principles; civil rights and freedoms; and family environment and alternative care. An Expert asked if schools councils existed in the country and how they operated. With regard to corporal punishment, it was practised in schools, which was an abuse of the rights of the child. Corporal punishment impacted negatively on the development of the child; did the Government envisage to prohibit corporal punishment as a disciplinary measure?
In the case of rape, there had been allegations that money was paid to the victim's family to avoid any involvement of the police, the Expert continued to say. What measures were being taken to protect and rehabilitate the victims? What projects were implemented to integrate street children into the society? What was the position of the country on inter-country child adoption.
The issue of discrimination could be a problem in the country with regard to disabled children because legislation did not explicitly prohibit discrimination, an Expert said. What had been done to avert discrimination against persons infected with HIV/AIDS? What kind of care was provided to children born out of wedlock? What was being done for children abandoned to the extended family because their mothers travelled abroad for work?
The delegation was asked by another Expert if the country was seeking international cooperation to implement some of its programmes intended to promote the rights of children.
Discrimination against women was a serious problem in the country, although the delegation was exclusively made up women, an Expert said. There had also been reports that other minority groups were subjected to discrimination. What measures were being taken against such situations?

Response of Saint Vincent and the Grenadines
In response to questions on general principles, civil rights and freedoms, family environment and alternative care, the delegation said that the country was at present celebrating the "week for the disabled" to increase awareness on the issue of the rights of disabled persons. There were three schools designed for children with disabilities. Some disabled children stayed at home, and the Government was doing all it could to care for them.
Reacting to the delegation's response, an Expert said that it was inadmissible that the statistics showed there was only one blind person in the whole country.
The delegation said that only a few blind children were attending schools; and the Government, although it was new, would be trying to solve the problem in the long run.
A mother could seek child maintenance from the father before the child was five years old, the delegation said. The courts decided the amount of child maintenance money for each child depending on the situation of the father.
The main reason behind sending children to the streets was poverty, the delegation said. Parents abandoned their children due to lack of resources. The integration of these children into the society was slow because of the lack of funds to finance certain projects.
The delegation said that schools were equipped with Internet services and mechanisms were made available to protect children from abuse of pornographic materials. At home, unfortunately, children were left alone to consult Internet information.
Children continued to be adopted by foreign families, particularly by whites, the delegation said. However, there was a personal view that Vincentian children adopted by white families and taken abroad might get a "cultural shock".
With regard to international cooperation, the delegation said that the country did not seem to attract funding. Non-governmental organizations were not able to find external assistance to finance some of their projects.
In all secondary schools, there were student councils allowing active participation of students, the delegation said; however, the introduction of such councils in elementary schools had not been successful.
The issue of corporal punishment had been discussed publicly and some people still believed that flogging should be used as a disciplinary measure, the delegation said. Many children living in the streets were partly abused by their guardians. However, the Government was trying to make people understand the negative effect of abuse. Child molesting was punishable under the law when cases became known. Recently, a 60-year-old had been sentenced to five years imprisonment for molesting a 13-year-old child.

Questions by Experts on Basic Health and Welfare; Education, Leisure and Cultural Activities; and Special Measures
The Committee Experts continued to raise questions on the last three clusters of basic health and welfare; education, leisure and cultural activities; and special measures. An Expert asked about teenage pregnancy; distribution of contraceptive methods; and commercial sexual exploitation and the implementation of the outcome of the Stockholm Conference on the issue.
Another Expert said that more than 40 per cent of families were run by single-parent females, which was too much for the society. Were schools available in the vicinities of children's homes? Were there universities or other institutions of higher studies?
Other Experts also raised questions on such issues as infant mortality; malnutrition among school children; the problem of the use of substances of alcoholic nature, such as sniffing, and drug abuse; accessibility to social services by indigenous children; domestic violence; the low age of criminal responsibilities; promotion of male teachers to enter in the profession; expansion of vocational training for agricultural sectors; instances of bullying; sexual tourism and prostitution; and the treatment of victims of sexual abuse, among other things.

Response of Saint Vincent and the Grenadines
In response to the questions raised and to the comments made by the Experts, the delegation said that infant mortality had increased due to HIV/AIDS. With regard to the teaching system, the Government had discovered that reading in schools was a problem for many students. That situation had led the authorities to overhaul the education system.
Society advised girls to abstain from sex in order not to risk becoming pregnant, the delegation said. However, girls were actively engaged in sex. Sex education was provided in schools. In addition, contraceptive methods, such as condoms were provided to girls and boys.
Juvenile offenders under 16 years were kept in police stations because of the fact that there were no separate prison cells for young offenders, the delegation said.
The educational level of the country was limited to the completion of the General Certificate Examination (GCE), which was equivalent to 12 years of primary and secondary education, the delegation said. Since there were no universities and higher institutions, some students were sent abroad to further their studies. In recent years, distant studying programmes had been expanded offering opportunities in obtaining diplomas and degrees.
Schools were available to all disabled children, the delegation said. If some disabled children remained at home, it was due to lack of transportation. Some parents also kept their disabled children at home because of the feeling of shame they perceived because of having such children.
Children with substance abuse problems were being taken care of by some organizations, the delegation said. The problem was widespread among children. Once such children were stabilized, parents were scared to take them back.
The number of street children in the capital Kingstown was only 20, the delegation said. Although few in number, there was still a problem in integrating these street children into the society.
Only one month of paid maternity leave was given to mothers, the delegation said. The Government was looking forward to adopting legislation to ensure three-months paid leave.
The status of children born out of wedlock was not different from those born within marriage, the delegation said, adding that since it had become a culture to have children without getting married, all children had the same opportunity in the society.
"Men did not want to be addressed as miss by pupils by teaching in lower classes", the delegation said. Teaching of primary schools was dominated by women and men were not willing to teach at that level.

Preliminary Concluding Remarks by Expert
JUDITH KARP, a Committee Expert, said that the debate had been illuminating and the delegation had succeeded in transmitting the message of the new Government. The Government had to do a lot in the field of child rights and further action had to be taken in that area. The State would receive the concluding observations of the Committee with its recommendations, but the Committee could not include all the points discussed in its preliminary remark.
She said that the Government had to implement concrete action plans and at the same time, it had to make efforts to change the culture and attitude of the society with regard to child rights. However, there should be a balance between the protection of child rights and the protection of parents so as not to frighten parents by too much talk of child rights. The Government should also make a clear statement reflecting the protection of child rights and dignity.

Concluding Remarks by Delegation
GIRLYN MIGUEL (Saint Vincent and the Grenadines) said that her Government had absolute confidence that the people and children in particular would cope with the challenge of globalization and its impact as they did in other areas. They would adopt to new circumstances and did not have tendencies for defeatism. The Government would do its best to uphold the rights of the child.



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