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COMMITTEE ON RIGHTS OF CHILD CONSIDERS REPORT OF NICARAGUA
27 May 2005
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Committee on the
Rights of the Child
27 May 2005
The Committee on the Rights of the Child today considered the third periodic report of Nicaragua on that country's efforts to implement the provisions of the Convention on the Rights of the Child.
Introducing the report was Amalia French, Executive Secretary of the National Council for the Comprehensive Care and Protection of Children and Young Persons, who said the report under review was drafted in cooperation with members of civil society and the National Council. It explained the national context of the situation of the rights of the child and the measures that had been taken to ensure that the full rights of boys and girls were guaranteed. Despite problems still facing the nation, there was a political will to ensure that these rights were upheld in line with the Convention.
In preliminary remarks, Committee Expert Norberto Liwski, who served as Rapporteur for the report of Nicaragua, said the dialogue had been very important both for the Committee and the National Council for the Comprehensive Care and Protection of Children and Young Persons, which was at a stage of building its own identity and was seeking to strengthen its role as a coordinating institution with a capacity to overcome political concerns. The Committee noted that there was a need for the national budget of the State to be augmented in terms of social services for children and that a more rigorous mechanism was needed to address matters of police brutality, among other things. Mr. Liwski also noted that Nicaragua had the second highest child pregnancy rate in Latin America and said more work was needed in that area.
Other Committee Experts contributed to the debate by raising questions pertaining to the National Council for the Comprehensive Care and Protection of Children and Young Persons; birth registration; juvenile justice and children in conflict with the law; maternal health and teenage pregnancies; domestic violence; migrant children; education measures; children with disabilities; and the issue of landmines.
The Committee will release its formal, written concluding observations and recommendations on the report of Nicaragua towards the end of its three-week session which will conclude on 3 June.
The delegation of Nicaragua was made up of representatives of the National Council for the Comprehensive Care and Protection of Children and Young Persons and the Permanent Mission of Nicaragua to the United Nations Office at Geneva.
As one of the 192 States parties to the Convention, Nicaragua is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and answer questions raised by Committee Experts.
When the Committee reconvenes at 10 a.m. on Monday, 30 May, it is scheduled to take up the third periodic report of Costa Rica (CRC/C/125/Add.4).
Report of Nicaragua
According to the third periodic report of Nicaragua (CRC/C/125/Add.3), which covers the period from 1998 to 2002, the State party has a population of 5.2 million, of which 49.4 per cent are children under the age of 17. Poverty is the main problem in the country with 45.8 per cent of the population living below the poverty line, including 15.1 per cent living in extreme poverty. In comparison with children who are not poor, extremely poor children are ill much more often and have less access to medical services. Furthermore, over 30 per cent of poor children and 40 per cent of extremely poor children suffer from malnutrition. With so many families hit by unemployment, many children and adolescents start work at an early age, which affects their development, particularly in the education system. Children, young persons and people with disabilities are in a particularly vulnerable position; the country's indigenous communities, particularly those on the Caribbean coast, are among the poorest in the country. In 1998, social expenditure on children and young persons amounted to 24.67 per cent of Nicaragua's general budget; in 2002, it reached 25.72 per cent.
The Code on Children and Young Persons, passed in March 1998, established the National Council for the Comprehensive Care and Protection of Children and Young Persons which is attached to the Office of the President, the report states. It acts as a link between government bodies and coordinates with the other State authorities and civil society organizations that work with children and young persons. The Act on the Organization of the National Council for the Comprehensive Care and Protection of Children and Young Persons and the Office of the Children's and Young Persons' Ombudsman was passed in May 2002. The National Council is responsible for formulating and coordinating implementation of the national policy for the comprehensive care of children and young persons and is chaired by the President of the Republic, or his or her representative; it is currently chaired by the First Lady. Among other things, the National Plan of Action for Children and Young Persons 2002-2011 aims to progress gradually towards the effective fulfilment of the rights of children and young persons set out in the Code on Children and Young Persons and includes the four themes that were defined in the plan of action adopted at the special session of the General Assembly on children: promoting healthy lives; providing quality education; protecting against abuse, exploitation and violence; and combating HIV/AIDS.
As for juvenile justice, the report indicates that according to Nicaraguan law, young people bear criminal responsibility if they are aged between 13 and 18 at the time when they commit an act classified as a serious or minor offence in the Criminal Code or in special laws; the maximum custodial term is six years for young offenders. With regard to children in armed conflict, the Commission to Monitor the Peace Agreements carried out six projects between May 1997 and July 2002 to reintegrate former combatants; its beneficiaries included about 9,200 children and young persons. A number of programmes providing psychological treatment for child victims of landmines have also been set up since 1998. On child labour, as per the results of a survey conducted in 2000, 314,012 children between the ages of 5 and 17 are working; some 44.2 per cent of working children are below the minimum age for admission to employment (14 years), and 13.5 per cent are below the age of 10.
Presentation of Report
AMALIA FRENCH, Executive Secretary of the National Council for the Comprehensive Care and Protection of Children and Young Persons, said the report under review was drafted in cooperation with members of civil society and the National Council. It explained the national context of the situation of the rights of the child and the measures that had been taken while ensuring that the full rights of boys and girls were guaranteed. Despite problems still facing the nation, there was a political will to ensure that these rights were upheld in line with the Convention on the Rights of the Child.
Discussion
NORBERTO LIWSKI, the Committee Expert serving as Rapporteur for the report of Nicaragua, said Nicaragua had a rich history and a background of long dictatorships which resulted in a loss of significant freedoms and rights. In the 1980s, there was a difficult process which ended with the establishment of democratic reforms and renewed constitutionality. Currently, there were still difficulties but there was a possibility of having an appropriate division of powers and a vibrant democracy. The report was well prepared and the State party was to be commended for it. In terms of the preparation of the report, he asked what the spirit of participation was in developing it and the lessons learned from that exercise.
Mr. Liwski noted that 69 per cent of the population was mestizo, 17 per cent black, 9 per cent white, and 5 per cent indigenous; moreover, about 45 per cent of the population was below the age of 17. Nicaragua was faced with many problems including widespread poverty, inequalities in society, the effects of the civil war of the 1980s and vulnerability to natural disasters. In that context, he asked what resources had been allocated by the State for the implementation of the principles of the Convention given these impediments. In 1998, 24 per cent of the budget was invested for social spending; the percentage was 25.2 in 2002. In comparison with the economic growth, there was, however a reduction in terms of social spending. External debt was another major pressure factor on the economy. While noting that Nicaragua was listed among the Heavily Indebted Poor Countries (HIPCs), he asked at what stage social investment programmes for children existed in light of the impact of external debt and what was envisaged by the State in terms of free trade agreements and their impact on children.
The Rapporteur also asked for information on the National Plan of Action for Children, namely what resources were allocated for its implementation and what methods for evaluation were being used to guarantee its success. Information was also sought as to whether the recommendations of the Committee for the last periodic report had been incorporated into the plan and to what extent those recommendations had strengthened the provisions of the plan.
With regard to the National Council for the Comprehensive Care and Protection of Children and Young Persons, Mr. Liwski asked whether the institution was a governing or coordinating body. Other questions raised by the Rapporteur dealt with services for children in health and education; services for indigenous children, in particular the mestizo children, and whether they were sufficient to deal with the problem of non-discrimination; and services for children with disabilities. Information was also sought on the Office of the Special Ombudsman for the Rights of Children.
AWICH POLLAR, the Committee Expert serving as Co-Rapporteur for the report of Nicaragua, noted that many legislative measures relevant to child rights had taken place during the reporting period and it was believed that the rights of the child were on a good course. While noting that the Criminal Procedure Code was passed in 2002, he asked whether the Criminal Code was also in place. He also asked for information on the status of the Law on Adoption and the Code for Children, and whether there had been any judicial decisions on the application of the principles of the Convention invoked before the courts. Information was also requested on remedies available for the rights recognized by the Convention and whether steps had been taken to ensure implementation on the Convention on a periodic basis. Moreover, he asked to what extent the principles of the Convention were incorporated into the Code of Conduct for the Police, what steps had been taken to publicize the report, and what issues were considered to be priority areas in terms of implementation of the Convention.
Mr. Pollar noted with concern the information provided in the report on different age requirements, and asked why there was no harmonization for legal working ages and ages for compulsory education. He also asked whether the principle of the best interest of the child had been integrated into all relevant policies and legislation in Nicaragua.
With regard to civil rights and freedoms, Mr. Pollar asked the delegation for the Government's evaluation of its "Support Life" programme; measures taken to reduce the risks facing street children, and children at risk of being exposed to HIV/AIDS. Information was also sought on measures taken to raise awareness to encourage children to express their views and whether those views were taken into consideration in policy-making processes. Among other things, he asked for clarification on the registration of births and the acquisition of nationality in Nicaragua.
Other Committee Experts raised additional questions concerning the age of criminal responsibility; the Office of the Ombudsman for Children; domestic violence and the ill-treatment of children; the status of the Convention in the legal system; and the State's data collection system in terms of child rights and protection.
Response by Delegation
In response to questions on the National Council for the Comprehensive Care and Protection of Children and Young Persons, the delegation said that in 1994, the President of Nicaragua had decided to establish a body that would specifically deal with the rights of the child. At that time a preliminary institution was set up to address those issues. On the basis of recommendations made by the Committee on the Rights of the Child after its last meeting with the Nicaraguan delegation, that entity was reformulated to what it was today - the National Council for the Comprehensive Care and Protection of Children and Young Persons. In order to ensure the effectiveness of the Convention in Nicaragua, the Code for Children was drafted. In addition, there were Ombudsmen dealing with child rights issues, although, in the near future a special Ombudsman would be established specifically for children. The National Council also disseminated information about the Convention; some 10,000 copies of a book with information on the Convention had been distributed to the public.
In terms of the drafting of the report, the delegation said the report was written by all institutions who were members of the National Council as well as other entities involved in defending child rights; a number of non-governmental organizations were also involved. The recommendations by the Committee on the report would serve as a blue print to formulate new policies on child rights in Nicaragua.
As to resources for implementation of the Convention, the delegation said for a country such as Nicaragua, which was faced with poverty, the amount being spent on child affairs was significant. Programmes for education, for example, had been receiving increased financing. There were a number of projects under way in connection with the reconstruction efforts from hurricane Mitch, which included extended spending for social services for vulnerable and affected families. Moreover, projects were underway in association with achievement of the Millennium Development Goals.
With regard to the National Plan of Action for Children, the delegation affirmed that the Plan incorporated the recommendations made by the Committee following the review of the second periodic report of Nicaragua.
In response to a question, the delegation said there were programmes by national agencies being implemented on the Caribbean coast for education and health although they needed to be strengthened. Concerning children with disabilities, the delegation said national agencies had been formulating specific programmes for these children, namely for their rehabilitation and integration into the school system and the provision of health services.
With regard to nationality, the delegation said as per the Constitution, upon acquiring nationality a person benefited from all political and civil rights. In response to a question on legislation, the delegation said when the Criminal Code was being drafted the policy was to bring it in line with the Code on Children and the Family. As to the child's participation in society, the laws of Nicaragua ensured that children be heard when their interests were being discussed and judges had to take into consideration their views. The Supreme Court was conducting a series of training sessions for judges on this matter.
As for birth registration, the delegation said a number of steps were being taken to address shortfalls in registering newborns; these initiatives involved a number of Government agencies. A project with support from UNICEF was also being carried out to enhance birth registration programmes in the autonomous regions in the State. There were neither fees for registration nor fines for failing to register by a set timeframe. The percentage of children born in hospitals stood at 50 per cent. Mobile registration centres were set up by various municipalities to ensure that the State's policy on birth registration was carried out. If a year had lapsed since a child's birth and they had not been registered, the registration had to go through the court system. The State's programme for the comprehensive care of children and young persons also included a measure to register children; as a result of these efforts 38,000 children in eight municipalities along the Caribbean coastal region were registered.
Concerning free trade agreements and their effects on the rights of children, the delegation said it was believed that these agreements were a big opportunity for the country and would have a positive impact on social services.
Questions by Committee Experts
In a second round of questions the Rapporteur asked a number of general questions on health services, namely about the possibilities for universal coverage of medical insurance. While noting that the infant mortality was at a high rate - 31 per one thousand – he asked for information in the State's plans to address that problem. Other questions in this regard concerned the National Council for Mental Health for Children and Young Persons, especially in terms of budget allocations and the traumatic impact of hurricane Mitch on the young population; maternal mortality rates; child pregnancies and reproductive health programmes; and HIV/AIDS programmes.
Mr. Liwski also asked for information on the impact of the high rate of migration and the State's policy on addressing the needs of child migrants. It was noted that some 600,000 Nicaraguans had migrated to Costa Rica and more to the United States; four out of ten migrants were children. While referring to reports of police violence, he also sought information on the situation of children detained by police.
Another Expert raised a number of questions on education. In particular, he asked for information on the State's budget for education, while noting that 0.1 per cent was spent for pre-school education, 8 per cent for primary education, and 1.5 per cent for secondary education. Information was also sought on the State's plans for the future of early childhood education in Nicaragua; how poverty hindered children from enrolling and accessing schools; scholarships for education; regional disparities in terms of school enrolment; disaggregated data on secondary school enrolment; and child labour and education.
Other Experts asked a series of questions concerning, among other things, juvenile justice and the role of the Ombudsman on children in conflict with the law; conditions of detention for and arrests of children; street children; distance learning; corporal punishment; leisure and cultural activities for children, especially marginalized and disabled children; support to single-parent households; inter-country adoption and the State's intention to ratify The Hague Convention; children placed in child care institutions; levels of malnutrition; and child abuse.
Response by Delegation
With regard to matters related to juvenile justice and children in conflict with the law, the delegation noted that there were two detention centres for children in conflict with the law, one for short-term stays and another one for longer detentions. There were currently 14 judges dealing specifically with juvenile matters which had helped in the lodging of complaints on behalf of young persons. The police in Nicaragua were informed of and received training on special measures for the rights and protection of children; however, the delegation affirmed that there were instances of police brutality committed against children, although they were few in number. As to the number of detained minors, in 2003, the number stood at just over 2,500, and in 2004, just over 2,800. So far in 2005, there were 250 minors detained. Moreover, 37 juveniles were reported to have been deprived of their liberty last year. As to cases of ill treatment in detention centres, the State had adopted the Convention against Torture and had been conducting training for police officials on such matters.
As for the law on adoption, the delegation noted that the law was currently before Parliament. The proposed law made provisions for additional institutions to handle adoption cases and also envisaged that the best interests of the child would prevail in all cases of adoption.
In response to a question on family law, the delegation said all issues related to family matters in the State's legislation were handled as civil matters. A code on the family was being drafted that would respond to emerging civil needs and would revise existing laws pertaining to family matters. Civil judges in Nicaragua handled such cases; there were no specific family judges at present. It was hoped that the new family code would lead to the establishment of family courts and family judges.
Concerning maternal and infant mortality, the delegation noted that progress had been made in that regard. The health and education system of the State was moving forward and broadening its scope to give greater and wider medical care for children, although there were still parts of the population which had not benefited from this new strategy. More programmes needed to be set up and more funding was required.
On health services in general, the delegation said the new health law of the State, which began being implemented in 2002, upheld the principles of universal provision of health services and non-discrimination. The law called for a strengthening of the health sector in the Government and underscored the health needs of vulnerable populations. Actions and measures had been taken to increase the administration of health services for children, particularly in marginalized areas. This strategy also aimed to reduce the rate of maternal mortality.
In response to a question on teenage pregnancies, the delegation noted that campaigns and special programmes had been carried out on the subjects of sexual and reproductive health. Teenage mothers were not excluded from attending schooling, although they did attend night classes. There were only two hospitals in Nicaragua which provided special services for teenage mothers. In response to a follow up question, the delegation said according to the law, girls could legally marry at the age of 14 and boys at 15; however, the new proposed Family Law sought to increase these ages to 16 and 18 respectively.
In relation to HIV/AIDS, the delegation said the State was implementing a strategic plan for the reduction of HIV/AIDS in Nicaragua. Some 60 per cent of medical centres in the country were carrying out special programmes in that regard. The problem had been increasing for a long time in Nicaragua; however, Nicaragua had been seen as one of the countries in the region where HIV/AIDS rates were the lowest. The Government was working closely with the United Nations Population Fund in this regard. The most vulnerable areas were border areas and ports and as a result, greater emphasis was placed on these areas.
In response to a question, the delegation said the Code on Children and Young Persons established a list of situations which identified high risk situations for children. Among them were child abuse, abandonment, child labour, child pregnancy, and sexual exploitation. To address these situations, specific programmes were drawn up in municipalities targeting minors.
Regarding domestic violence, the delegation said in Nicaragua there was a commission within the Nicaraguan Women's Institute which concentrated on children and women human rights issues. In terms of care, a variety of services were provided to victims. An inter-agency study on violence was also being conducted which hoped to identify trends on acts of violence including domestic violence and child abuse. In response to a follow up question, the delegation said the State had considered setting up a telephone "hot-line" to deal with cases of domestic violence and child abuse, but due to financial restraints the plan was rejected.
As to questions on migration, the delegation referred to the creation of a national commission that had been set up to address the issue of migration. Work was also being conducted with the Ministry of Family Affairs and with receiving countries, such as Costa Rica, to implement special measures for migrant children with a view to improving the quality of life for Nicaraguan children in that country. It was hoped that sufficient progress would be made in the course of this year to improve the situation of Nicaraguans in other countries.
In response to a question on street gangs, namely Maras gangs, the delegation said in Nicaragua there existed two concepts – regular street gangs and Maras gangs; although for the time being increased security measures were being taken only for street gangs.
Regarding drug abuse, the delegation said there were 11 drug rehabilitation centres in the country. Some 1,500 boys and girls from ages 7 to 15 have been treated in these centres. Sniffing glue was the main source of the drug problem in Nicaragua.
In response to questions raised on education, the delegation noted that pre-school education covered a very small percentage of the population. There was a national strategy for nursery education for which support was received from UNICEF and Save the Children-Canada. The Ministry of Education was officially involved in promoting and applying the education strategy for this sector of the population. The education system of Nicaragua had a non-attendance rate of 34 per cent, which meant some 80,000 children were out of school. There was considerable activity underway to increase the access of these children to education through initiatives. For example, 137 townships in six different administrative regions were covered by an integrated programme for school nutrition supported by the World Food Programme and the World Bank which made it possible to keep children in the school system. Efforts were also being made to ensure that school was provided free of charge. There were various education alternatives and opportunities available in Nicaragua; these included night classes and distance learning. Emphasis had been placed on primary level education and as a result the enrolment rates were higher. From 2002 onwards, there had been an increase in teachers' salaries although it did not apply to all teachers in the country.
Concerning children with disabilities, the delegation said efforts were made to integrate disabled children into regular classrooms although those severely disabled attended special education schools. Specialized training for teachers to meet the needs of these children was also provided.
In response to a comment made by an Expert that some 76,000 landmines were lying dormant in the territory, the delegation said the State had made much progress in the area of de-mining. During the conflict in the 1980s, landmines were widely used. De-mining work had been carried out throughout the country and Nicaragua had totally eliminated its stockpiles of landmines. The entire border area, as a result, had been de-mined; only in certain coastal areas did landmines still exist. Nicaragua was also assisting victims of landmines, including children. The aim of the State was to completely de-mine all areas by 2006.
Preliminary Observations
AWICH POLLAR, the Committee Expert serving as Co-Rapporteur for the report of Nicaragua, thanked the delegation for its replies, for having produced the report in a joint manner, and for the detailed data presented therein. The Committee was concerned about the legislation which needed to be harmonized and the budget shortfalls.
NORBERTO LIWSKI, the Committee Expert serving as Rapporteur for the report of Nicaragua, said the dialogue had been very important both for the Committee and the National Council for the Comprehensive Care and Protection of Children and Young Persons, which was at a stage of building its own identity and was seeking to strengthen its role as a coordinating institution with a capacity to overcome political concerns. It was the belief of the Committee that the Council had challenges ahead of it.
The Committee noted that there was a need for the national budget of the State to be augmented in terms of social services for children, but it was clear that there was an intention on the part of the Government to seek more funds in that regard. The State party's acknowledgment that special attention was needed for vulnerable children, especially in the Caribbean region, was also noted.
Birth registration and the civil registry were matters of considerable concern, the Rapporteur added. It was hoped that the free trade arrangements entered into by Nicaragua would serve to improve the situation of the children in Nicaragua. Another point to be considered was the centres that needed to be set up for adolescents deprived of liberty and detention centres. Among other things, a more rigorous mechanism was needed to address matters of police brutality. Moreover, it was noted that Nicaragua had the second highest child pregnancy rate in Latin America. In that regard, more work was needed. Lastly, drug use in Nicaragua was also a matter of concern to the Committee.
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This press release is not an official record and is provided for public information only.
Rights of the Child
27 May 2005
The Committee on the Rights of the Child today considered the third periodic report of Nicaragua on that country's efforts to implement the provisions of the Convention on the Rights of the Child.
Introducing the report was Amalia French, Executive Secretary of the National Council for the Comprehensive Care and Protection of Children and Young Persons, who said the report under review was drafted in cooperation with members of civil society and the National Council. It explained the national context of the situation of the rights of the child and the measures that had been taken to ensure that the full rights of boys and girls were guaranteed. Despite problems still facing the nation, there was a political will to ensure that these rights were upheld in line with the Convention.
In preliminary remarks, Committee Expert Norberto Liwski, who served as Rapporteur for the report of Nicaragua, said the dialogue had been very important both for the Committee and the National Council for the Comprehensive Care and Protection of Children and Young Persons, which was at a stage of building its own identity and was seeking to strengthen its role as a coordinating institution with a capacity to overcome political concerns. The Committee noted that there was a need for the national budget of the State to be augmented in terms of social services for children and that a more rigorous mechanism was needed to address matters of police brutality, among other things. Mr. Liwski also noted that Nicaragua had the second highest child pregnancy rate in Latin America and said more work was needed in that area.
Other Committee Experts contributed to the debate by raising questions pertaining to the National Council for the Comprehensive Care and Protection of Children and Young Persons; birth registration; juvenile justice and children in conflict with the law; maternal health and teenage pregnancies; domestic violence; migrant children; education measures; children with disabilities; and the issue of landmines.
The Committee will release its formal, written concluding observations and recommendations on the report of Nicaragua towards the end of its three-week session which will conclude on 3 June.
The delegation of Nicaragua was made up of representatives of the National Council for the Comprehensive Care and Protection of Children and Young Persons and the Permanent Mission of Nicaragua to the United Nations Office at Geneva.
As one of the 192 States parties to the Convention, Nicaragua is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and answer questions raised by Committee Experts.
When the Committee reconvenes at 10 a.m. on Monday, 30 May, it is scheduled to take up the third periodic report of Costa Rica (CRC/C/125/Add.4).
Report of Nicaragua
According to the third periodic report of Nicaragua (CRC/C/125/Add.3), which covers the period from 1998 to 2002, the State party has a population of 5.2 million, of which 49.4 per cent are children under the age of 17. Poverty is the main problem in the country with 45.8 per cent of the population living below the poverty line, including 15.1 per cent living in extreme poverty. In comparison with children who are not poor, extremely poor children are ill much more often and have less access to medical services. Furthermore, over 30 per cent of poor children and 40 per cent of extremely poor children suffer from malnutrition. With so many families hit by unemployment, many children and adolescents start work at an early age, which affects their development, particularly in the education system. Children, young persons and people with disabilities are in a particularly vulnerable position; the country's indigenous communities, particularly those on the Caribbean coast, are among the poorest in the country. In 1998, social expenditure on children and young persons amounted to 24.67 per cent of Nicaragua's general budget; in 2002, it reached 25.72 per cent.
The Code on Children and Young Persons, passed in March 1998, established the National Council for the Comprehensive Care and Protection of Children and Young Persons which is attached to the Office of the President, the report states. It acts as a link between government bodies and coordinates with the other State authorities and civil society organizations that work with children and young persons. The Act on the Organization of the National Council for the Comprehensive Care and Protection of Children and Young Persons and the Office of the Children's and Young Persons' Ombudsman was passed in May 2002. The National Council is responsible for formulating and coordinating implementation of the national policy for the comprehensive care of children and young persons and is chaired by the President of the Republic, or his or her representative; it is currently chaired by the First Lady. Among other things, the National Plan of Action for Children and Young Persons 2002-2011 aims to progress gradually towards the effective fulfilment of the rights of children and young persons set out in the Code on Children and Young Persons and includes the four themes that were defined in the plan of action adopted at the special session of the General Assembly on children: promoting healthy lives; providing quality education; protecting against abuse, exploitation and violence; and combating HIV/AIDS.
As for juvenile justice, the report indicates that according to Nicaraguan law, young people bear criminal responsibility if they are aged between 13 and 18 at the time when they commit an act classified as a serious or minor offence in the Criminal Code or in special laws; the maximum custodial term is six years for young offenders. With regard to children in armed conflict, the Commission to Monitor the Peace Agreements carried out six projects between May 1997 and July 2002 to reintegrate former combatants; its beneficiaries included about 9,200 children and young persons. A number of programmes providing psychological treatment for child victims of landmines have also been set up since 1998. On child labour, as per the results of a survey conducted in 2000, 314,012 children between the ages of 5 and 17 are working; some 44.2 per cent of working children are below the minimum age for admission to employment (14 years), and 13.5 per cent are below the age of 10.
Presentation of Report
AMALIA FRENCH, Executive Secretary of the National Council for the Comprehensive Care and Protection of Children and Young Persons, said the report under review was drafted in cooperation with members of civil society and the National Council. It explained the national context of the situation of the rights of the child and the measures that had been taken while ensuring that the full rights of boys and girls were guaranteed. Despite problems still facing the nation, there was a political will to ensure that these rights were upheld in line with the Convention on the Rights of the Child.
Discussion
NORBERTO LIWSKI, the Committee Expert serving as Rapporteur for the report of Nicaragua, said Nicaragua had a rich history and a background of long dictatorships which resulted in a loss of significant freedoms and rights. In the 1980s, there was a difficult process which ended with the establishment of democratic reforms and renewed constitutionality. Currently, there were still difficulties but there was a possibility of having an appropriate division of powers and a vibrant democracy. The report was well prepared and the State party was to be commended for it. In terms of the preparation of the report, he asked what the spirit of participation was in developing it and the lessons learned from that exercise.
Mr. Liwski noted that 69 per cent of the population was mestizo, 17 per cent black, 9 per cent white, and 5 per cent indigenous; moreover, about 45 per cent of the population was below the age of 17. Nicaragua was faced with many problems including widespread poverty, inequalities in society, the effects of the civil war of the 1980s and vulnerability to natural disasters. In that context, he asked what resources had been allocated by the State for the implementation of the principles of the Convention given these impediments. In 1998, 24 per cent of the budget was invested for social spending; the percentage was 25.2 in 2002. In comparison with the economic growth, there was, however a reduction in terms of social spending. External debt was another major pressure factor on the economy. While noting that Nicaragua was listed among the Heavily Indebted Poor Countries (HIPCs), he asked at what stage social investment programmes for children existed in light of the impact of external debt and what was envisaged by the State in terms of free trade agreements and their impact on children.
The Rapporteur also asked for information on the National Plan of Action for Children, namely what resources were allocated for its implementation and what methods for evaluation were being used to guarantee its success. Information was also sought as to whether the recommendations of the Committee for the last periodic report had been incorporated into the plan and to what extent those recommendations had strengthened the provisions of the plan.
With regard to the National Council for the Comprehensive Care and Protection of Children and Young Persons, Mr. Liwski asked whether the institution was a governing or coordinating body. Other questions raised by the Rapporteur dealt with services for children in health and education; services for indigenous children, in particular the mestizo children, and whether they were sufficient to deal with the problem of non-discrimination; and services for children with disabilities. Information was also sought on the Office of the Special Ombudsman for the Rights of Children.
AWICH POLLAR, the Committee Expert serving as Co-Rapporteur for the report of Nicaragua, noted that many legislative measures relevant to child rights had taken place during the reporting period and it was believed that the rights of the child were on a good course. While noting that the Criminal Procedure Code was passed in 2002, he asked whether the Criminal Code was also in place. He also asked for information on the status of the Law on Adoption and the Code for Children, and whether there had been any judicial decisions on the application of the principles of the Convention invoked before the courts. Information was also requested on remedies available for the rights recognized by the Convention and whether steps had been taken to ensure implementation on the Convention on a periodic basis. Moreover, he asked to what extent the principles of the Convention were incorporated into the Code of Conduct for the Police, what steps had been taken to publicize the report, and what issues were considered to be priority areas in terms of implementation of the Convention.
Mr. Pollar noted with concern the information provided in the report on different age requirements, and asked why there was no harmonization for legal working ages and ages for compulsory education. He also asked whether the principle of the best interest of the child had been integrated into all relevant policies and legislation in Nicaragua.
With regard to civil rights and freedoms, Mr. Pollar asked the delegation for the Government's evaluation of its "Support Life" programme; measures taken to reduce the risks facing street children, and children at risk of being exposed to HIV/AIDS. Information was also sought on measures taken to raise awareness to encourage children to express their views and whether those views were taken into consideration in policy-making processes. Among other things, he asked for clarification on the registration of births and the acquisition of nationality in Nicaragua.
Other Committee Experts raised additional questions concerning the age of criminal responsibility; the Office of the Ombudsman for Children; domestic violence and the ill-treatment of children; the status of the Convention in the legal system; and the State's data collection system in terms of child rights and protection.
Response by Delegation
In response to questions on the National Council for the Comprehensive Care and Protection of Children and Young Persons, the delegation said that in 1994, the President of Nicaragua had decided to establish a body that would specifically deal with the rights of the child. At that time a preliminary institution was set up to address those issues. On the basis of recommendations made by the Committee on the Rights of the Child after its last meeting with the Nicaraguan delegation, that entity was reformulated to what it was today - the National Council for the Comprehensive Care and Protection of Children and Young Persons. In order to ensure the effectiveness of the Convention in Nicaragua, the Code for Children was drafted. In addition, there were Ombudsmen dealing with child rights issues, although, in the near future a special Ombudsman would be established specifically for children. The National Council also disseminated information about the Convention; some 10,000 copies of a book with information on the Convention had been distributed to the public.
In terms of the drafting of the report, the delegation said the report was written by all institutions who were members of the National Council as well as other entities involved in defending child rights; a number of non-governmental organizations were also involved. The recommendations by the Committee on the report would serve as a blue print to formulate new policies on child rights in Nicaragua.
As to resources for implementation of the Convention, the delegation said for a country such as Nicaragua, which was faced with poverty, the amount being spent on child affairs was significant. Programmes for education, for example, had been receiving increased financing. There were a number of projects under way in connection with the reconstruction efforts from hurricane Mitch, which included extended spending for social services for vulnerable and affected families. Moreover, projects were underway in association with achievement of the Millennium Development Goals.
With regard to the National Plan of Action for Children, the delegation affirmed that the Plan incorporated the recommendations made by the Committee following the review of the second periodic report of Nicaragua.
In response to a question, the delegation said there were programmes by national agencies being implemented on the Caribbean coast for education and health although they needed to be strengthened. Concerning children with disabilities, the delegation said national agencies had been formulating specific programmes for these children, namely for their rehabilitation and integration into the school system and the provision of health services.
With regard to nationality, the delegation said as per the Constitution, upon acquiring nationality a person benefited from all political and civil rights. In response to a question on legislation, the delegation said when the Criminal Code was being drafted the policy was to bring it in line with the Code on Children and the Family. As to the child's participation in society, the laws of Nicaragua ensured that children be heard when their interests were being discussed and judges had to take into consideration their views. The Supreme Court was conducting a series of training sessions for judges on this matter.
As for birth registration, the delegation said a number of steps were being taken to address shortfalls in registering newborns; these initiatives involved a number of Government agencies. A project with support from UNICEF was also being carried out to enhance birth registration programmes in the autonomous regions in the State. There were neither fees for registration nor fines for failing to register by a set timeframe. The percentage of children born in hospitals stood at 50 per cent. Mobile registration centres were set up by various municipalities to ensure that the State's policy on birth registration was carried out. If a year had lapsed since a child's birth and they had not been registered, the registration had to go through the court system. The State's programme for the comprehensive care of children and young persons also included a measure to register children; as a result of these efforts 38,000 children in eight municipalities along the Caribbean coastal region were registered.
Concerning free trade agreements and their effects on the rights of children, the delegation said it was believed that these agreements were a big opportunity for the country and would have a positive impact on social services.
Questions by Committee Experts
In a second round of questions the Rapporteur asked a number of general questions on health services, namely about the possibilities for universal coverage of medical insurance. While noting that the infant mortality was at a high rate - 31 per one thousand – he asked for information in the State's plans to address that problem. Other questions in this regard concerned the National Council for Mental Health for Children and Young Persons, especially in terms of budget allocations and the traumatic impact of hurricane Mitch on the young population; maternal mortality rates; child pregnancies and reproductive health programmes; and HIV/AIDS programmes.
Mr. Liwski also asked for information on the impact of the high rate of migration and the State's policy on addressing the needs of child migrants. It was noted that some 600,000 Nicaraguans had migrated to Costa Rica and more to the United States; four out of ten migrants were children. While referring to reports of police violence, he also sought information on the situation of children detained by police.
Another Expert raised a number of questions on education. In particular, he asked for information on the State's budget for education, while noting that 0.1 per cent was spent for pre-school education, 8 per cent for primary education, and 1.5 per cent for secondary education. Information was also sought on the State's plans for the future of early childhood education in Nicaragua; how poverty hindered children from enrolling and accessing schools; scholarships for education; regional disparities in terms of school enrolment; disaggregated data on secondary school enrolment; and child labour and education.
Other Experts asked a series of questions concerning, among other things, juvenile justice and the role of the Ombudsman on children in conflict with the law; conditions of detention for and arrests of children; street children; distance learning; corporal punishment; leisure and cultural activities for children, especially marginalized and disabled children; support to single-parent households; inter-country adoption and the State's intention to ratify The Hague Convention; children placed in child care institutions; levels of malnutrition; and child abuse.
Response by Delegation
With regard to matters related to juvenile justice and children in conflict with the law, the delegation noted that there were two detention centres for children in conflict with the law, one for short-term stays and another one for longer detentions. There were currently 14 judges dealing specifically with juvenile matters which had helped in the lodging of complaints on behalf of young persons. The police in Nicaragua were informed of and received training on special measures for the rights and protection of children; however, the delegation affirmed that there were instances of police brutality committed against children, although they were few in number. As to the number of detained minors, in 2003, the number stood at just over 2,500, and in 2004, just over 2,800. So far in 2005, there were 250 minors detained. Moreover, 37 juveniles were reported to have been deprived of their liberty last year. As to cases of ill treatment in detention centres, the State had adopted the Convention against Torture and had been conducting training for police officials on such matters.
As for the law on adoption, the delegation noted that the law was currently before Parliament. The proposed law made provisions for additional institutions to handle adoption cases and also envisaged that the best interests of the child would prevail in all cases of adoption.
In response to a question on family law, the delegation said all issues related to family matters in the State's legislation were handled as civil matters. A code on the family was being drafted that would respond to emerging civil needs and would revise existing laws pertaining to family matters. Civil judges in Nicaragua handled such cases; there were no specific family judges at present. It was hoped that the new family code would lead to the establishment of family courts and family judges.
Concerning maternal and infant mortality, the delegation noted that progress had been made in that regard. The health and education system of the State was moving forward and broadening its scope to give greater and wider medical care for children, although there were still parts of the population which had not benefited from this new strategy. More programmes needed to be set up and more funding was required.
On health services in general, the delegation said the new health law of the State, which began being implemented in 2002, upheld the principles of universal provision of health services and non-discrimination. The law called for a strengthening of the health sector in the Government and underscored the health needs of vulnerable populations. Actions and measures had been taken to increase the administration of health services for children, particularly in marginalized areas. This strategy also aimed to reduce the rate of maternal mortality.
In response to a question on teenage pregnancies, the delegation noted that campaigns and special programmes had been carried out on the subjects of sexual and reproductive health. Teenage mothers were not excluded from attending schooling, although they did attend night classes. There were only two hospitals in Nicaragua which provided special services for teenage mothers. In response to a follow up question, the delegation said according to the law, girls could legally marry at the age of 14 and boys at 15; however, the new proposed Family Law sought to increase these ages to 16 and 18 respectively.
In relation to HIV/AIDS, the delegation said the State was implementing a strategic plan for the reduction of HIV/AIDS in Nicaragua. Some 60 per cent of medical centres in the country were carrying out special programmes in that regard. The problem had been increasing for a long time in Nicaragua; however, Nicaragua had been seen as one of the countries in the region where HIV/AIDS rates were the lowest. The Government was working closely with the United Nations Population Fund in this regard. The most vulnerable areas were border areas and ports and as a result, greater emphasis was placed on these areas.
In response to a question, the delegation said the Code on Children and Young Persons established a list of situations which identified high risk situations for children. Among them were child abuse, abandonment, child labour, child pregnancy, and sexual exploitation. To address these situations, specific programmes were drawn up in municipalities targeting minors.
Regarding domestic violence, the delegation said in Nicaragua there was a commission within the Nicaraguan Women's Institute which concentrated on children and women human rights issues. In terms of care, a variety of services were provided to victims. An inter-agency study on violence was also being conducted which hoped to identify trends on acts of violence including domestic violence and child abuse. In response to a follow up question, the delegation said the State had considered setting up a telephone "hot-line" to deal with cases of domestic violence and child abuse, but due to financial restraints the plan was rejected.
As to questions on migration, the delegation referred to the creation of a national commission that had been set up to address the issue of migration. Work was also being conducted with the Ministry of Family Affairs and with receiving countries, such as Costa Rica, to implement special measures for migrant children with a view to improving the quality of life for Nicaraguan children in that country. It was hoped that sufficient progress would be made in the course of this year to improve the situation of Nicaraguans in other countries.
In response to a question on street gangs, namely Maras gangs, the delegation said in Nicaragua there existed two concepts – regular street gangs and Maras gangs; although for the time being increased security measures were being taken only for street gangs.
Regarding drug abuse, the delegation said there were 11 drug rehabilitation centres in the country. Some 1,500 boys and girls from ages 7 to 15 have been treated in these centres. Sniffing glue was the main source of the drug problem in Nicaragua.
In response to questions raised on education, the delegation noted that pre-school education covered a very small percentage of the population. There was a national strategy for nursery education for which support was received from UNICEF and Save the Children-Canada. The Ministry of Education was officially involved in promoting and applying the education strategy for this sector of the population. The education system of Nicaragua had a non-attendance rate of 34 per cent, which meant some 80,000 children were out of school. There was considerable activity underway to increase the access of these children to education through initiatives. For example, 137 townships in six different administrative regions were covered by an integrated programme for school nutrition supported by the World Food Programme and the World Bank which made it possible to keep children in the school system. Efforts were also being made to ensure that school was provided free of charge. There were various education alternatives and opportunities available in Nicaragua; these included night classes and distance learning. Emphasis had been placed on primary level education and as a result the enrolment rates were higher. From 2002 onwards, there had been an increase in teachers' salaries although it did not apply to all teachers in the country.
Concerning children with disabilities, the delegation said efforts were made to integrate disabled children into regular classrooms although those severely disabled attended special education schools. Specialized training for teachers to meet the needs of these children was also provided.
In response to a comment made by an Expert that some 76,000 landmines were lying dormant in the territory, the delegation said the State had made much progress in the area of de-mining. During the conflict in the 1980s, landmines were widely used. De-mining work had been carried out throughout the country and Nicaragua had totally eliminated its stockpiles of landmines. The entire border area, as a result, had been de-mined; only in certain coastal areas did landmines still exist. Nicaragua was also assisting victims of landmines, including children. The aim of the State was to completely de-mine all areas by 2006.
Preliminary Observations
AWICH POLLAR, the Committee Expert serving as Co-Rapporteur for the report of Nicaragua, thanked the delegation for its replies, for having produced the report in a joint manner, and for the detailed data presented therein. The Committee was concerned about the legislation which needed to be harmonized and the budget shortfalls.
NORBERTO LIWSKI, the Committee Expert serving as Rapporteur for the report of Nicaragua, said the dialogue had been very important both for the Committee and the National Council for the Comprehensive Care and Protection of Children and Young Persons, which was at a stage of building its own identity and was seeking to strengthen its role as a coordinating institution with a capacity to overcome political concerns. It was the belief of the Committee that the Council had challenges ahead of it.
The Committee noted that there was a need for the national budget of the State to be augmented in terms of social services for children, but it was clear that there was an intention on the part of the Government to seek more funds in that regard. The State party's acknowledgment that special attention was needed for vulnerable children, especially in the Caribbean region, was also noted.
Birth registration and the civil registry were matters of considerable concern, the Rapporteur added. It was hoped that the free trade arrangements entered into by Nicaragua would serve to improve the situation of the children in Nicaragua. Another point to be considered was the centres that needed to be set up for adolescents deprived of liberty and detention centres. Among other things, a more rigorous mechanism was needed to address matters of police brutality. Moreover, it was noted that Nicaragua had the second highest child pregnancy rate in Latin America. In that regard, more work was needed. Lastly, drug use in Nicaragua was also a matter of concern to the Committee.
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