COMMITTEE ON RIGHTS OF CHILD EXAMINES INITIAL REPORT ON NETHERLANDS ANTILLES

05.06.02

In Preliminary Remarks, Expert Welcomes Good Cooperation Established by the Netherlands Antilles with NGOs


The Committee on the Rights of the Child today examined an initial report from the Netherlands concerning the Netherlands Antilles on how that territory was implementing the provisions of the Convention on the Rights of the Child.
In introducing the report, Louise de Bode-Olton, Deputy Director of the Directorate of Foreign Relations of the Netherlands Antilles, said that the Netherlands Antilles was still facing a great number of socio-economic, financial, political and constitutional challenges. However, important strides had been made since the ratification of the Convention.
She said that as a result of growing unemployment among young people, a growing number of dropouts and increasing effects of drug trafficking and other drugs-related matters, serious measures had been taken in education, poverty eradication, preventive and repressive policies in the field of youth crime and economic-financial reform.
At the beginning of the meeting, Hank Cor van der Kwast, Counsellor at the Permanent Mission of the Netherlands in Geneva, said that the Netherlands Antilles was part of the Kingdom and it was acting in its own capacity and structure in presenting the report. It was up to the territorial components of the Netherlands to implement the Convention, which was ratified by the Kingdom. The other territory -- Aruba -- had yet to ratify the treaty.
Over the course of their consideration of the report, several Committee Experts expressed concerns about the status of internally autonomous entities of States parties, as in the case of the Netherlands Antilles, coming directly before the Committee to present reports. They said that such a practice was alarming because it could incite other autonomous regions, such as cantons and other federated states, to submit reports directly to the Committee.
In preliminary concluding remarks, Committee Expert Elizabeth Tigerstedt-Tahtela said she appreciated the delegation's to-the-point answers and thanked it for creating a positive feeling among the Experts. She welcome the good cooperation the country had established with non-governmental organizations; the transparency in budget allocation; and the high quality of cooperation in all fields.
The Netherlands Antilles was also represented by Yadira Bakhuis, Director of the Directorate for Youth and Children's Development; Joan Brewster, Acting Director of the Directorate of Justice; Rachel Eersel, Head of the Division for Youth Health Care on the island of Sint Maarten; and Jamila Romero, Policy Advisor, Department for Development Cooperation.
The Committee will release its concluding observations and recommendations on the report of the Netherlands Antilles towards the end of its three-week session to be concluded on 7 June.
The Netherlands Antilles is an autonomous part of the Kingdom of the Netherlands, which is among the 191 States parties to the Convention. The territory, situated in the Caribbean region, has a population of 189,472 inhabitants.
The Committee will continue its work at 10 a.m. on Thursday, 6 June, in private. It will next meet in public on Friday, 7 June, at 10 a.m., when it will issue its conclusions and recommendations on reports by States parties considered during this session.
Report of Netherlands Antilles
The initial report of the Netherlands Antilles (CRC/C/61/Add.4), covering the period since the Convention entered into force on 16 January 1998 for the Kingdom of the Netherlands with respect to the Netherlands Antilles, describes the measures taken by the Government of the Netherlands Antilles to implement the Convention. The Government is currently reviewing various areas of policy, including education and childcare. Special attention is also being given to youth policies. The Government has devised a clear policy for tackling the youth problem with a view to promoting the development of young people.
With regard to measures taken to make the principles and provisions of the Convention widely known to adults and children alike, the report notes that in January 1997, a youth summit was held on Sint Maarten, in which some 300 young people took part. In 1998, a national Youth Summit on reproductive health committees was held, and since then various themes have been covered by these youth summits. The UNESCO section of the Ministry of Education has developed a project on the rights of the child in collaboration with the centre for information for welfare and adults. This project, which centres on the Convention, was launched in January 1999.
The report says that children are defined as individuals who have not yet reached the age of 21 and who are not and have not been married. However, the 1952 Labour Regulations ascribe a different meaning to children; children are defined as "individuals of either gender who have not yet reached the age of 14", while young people are defined as "individuals of either gender aged between 14 and 18"; and compulsory education ends at the age of 15. Under Netherlands Antillean law, no parental consent is required for minors to become sexually active; however, the criminal code imposes a maximum penalty of 12 years' imprisonment for sexual intercourse with girls under 12. The legal age for marriage for boys is 18 and for girls it is 15.
Concerning child mortality, the report says that the main causes of death in the 1 to 4 age group are genetic defects and traffic accidents. Infectious diseases affecting the intestinal tract, pulmonary circulation problems and heart disorders are the other most common causes. The main cause for death in the 5-14 age group is traffic accidents. Causes of death linked to violence, such as traffic accidents and homicide, are the main causes of death in the 15-24 age category.
Presentation of Report
LOUISE DE BODE-OLTON, Deputy Director of the Directorate of Foreign Relations of the Netherlands Antilles, recalled that the Convention came into force on 16 January 1998, and it was welcomed as an important instrument and solid basis for formulating Antillean policies.
From the mid-nineties onwards, insufficient benefit had been made from the economic, physical as well as geographical possibilities of the country, she said. The accumulation of huge deficits over the years had brought the country to the brink of financial collapse. As a result of the decreasing revenues, necessary investments into infrastructure and education were affected. All that, unfortunately, resulted not only in an economic recession but also in a sharp growth of unemployment, leading to lower investments in the private sector and increasing emigration. In order to curb that downward spiral movement, the Government had been obliged to take quite a few far-reaching measures, relying on guidance from the International Monetary Fund (IMF).
Mrs. de Bode-Olton continued to say that the Netherlands Antilles was still facing a great number of socio-economic, financial, political and constitutional challenges. Nevertheless, it could be said that important strides had been made since the ratification of the Convention. On the island of Curacao, for example, as a result of growing unemployment among young people, a growing number of dropouts and increasing effects of drug trafficking and other drugs-related matters, serious measures had been taken concerning education, poverty eradication, preventive and repressive policies in the field of youth crime and economic-financial reform.
She said that a principal statuary instrument -- The Kingdom's Charter-- regulated internal self-governance of the Netherlands Antilles, and a Constitution which contained in principle the same basic human rights and freedoms that were provided for by the Constitution of the Netherlands was in effect. Although the Kingdom's Charter defined the association between the Netherlands, Aruba and the Netherlands Antilles, some matters still needed be administered by the three entities jointly. Those were called Kingdom's matters. Examples were foreign relations and safeguarding of fundamental human rights and freedoms.
Mrs. de Bode-Olton said that international instruments were ratified by the Kingdom of the Netherlands, while implementation of those instruments took place at a national level and remained thus an obligation of each of the three entities within the Kingdom. Over the years, it had become more and more visible that the Caribbean part of the Kingdom was living a distinct reality from that of the European part. Due to the decentralized infrastructure of the Netherlands Antilles, it was "de facto' the authorities of the island's Government who were engaged in the implementation of the provisions of the Convention.
Mrs. de Bode-Olton said she was very pleased to inform the Committee that the new cabinet which was sworn in last Monday would continue to promote the rights of the child. For the policy period 2002-2006, the Government together with the private sector had pledged to dedicate special attention to training programmes which would better help preparing young people for entering the labour market. Education and training would also remain high on the agenda, with respect to the introduction of the "Foundation Based Education".
Questions by Experts on General Measures of Implementation; and Definition of the Child
A Committee Expert said that the report was simple and easy to read. The written replies had also provided additional information by analysing the situation of children on the islands. She said that the Kingdom of the Netherlands was a State party to the Convention and it had responsibilities in the implementation of the provisions of the treaty in all territories under its jurisdiction. However, instead of submitting a consolidated report on all its components, the Kingdom was sending fragmented reports to the Committee, such as the Netherlands Antilles, which was a concern to the Experts. The Netherlands Antilles was considered as part of the Kingdom.
The Expert further asked if a right-based approach was practised in the implementation of the provisions of the Convention; was there a law making education compulsory? Was there legislation on health care and on disabled children? Had legislation been harmonized for better cooperation among the autonomous territories and the Kingdom? Which ministries were monitoring the coordination process among the territories? Was there a percentage budget allocation for the territories for the five islands? How were revenues collected? Did the Kingdom provide funds to the territory?
Another Expert also expressed concern about the international status of the Netherlands Antilles, saying that since it was not a State party to the Convention, it should not have presented a separate report. This situation was alarming for the very reason that autonomous entities like Swiss cantons or other regions could also be tempted to do the same. The Netherlands Antilles ratified the Convention not as an independent State but as part of the Kingdom of the Netherlands.
An Expert also said she too was concerned by the status of the Netherlands Antilles, and requested the delegation to provide explanations concerning the situation. She asked whether the reservations made by the Kingdom were also valid for the territory? How were decisions taken among the authorities of the five islands? Were there plans to coordinate data collection?
How did the vertical coordination, with the Kingdom, and the horizontal one, among the various departments and islands, function, another Expert asked. The officials had disseminated the provisions of the Convention; did they receive input from the population or was it a one-way effort?
Another Expert said that the Netherlands Antilles had many challenges because of the distance between the islands; the situation of youth; and the economic situation, among other things. The allocation of over 23 per cent of the budget to education was a positive aspect; however, the right to education was not clearly spelt out in the Constitution or the legal instruments. What amount of assistance was received from the Kingdom and the European Union?
An Expert also said she associated herself with the concern expressed by other Experts with regard to the status of the Netherlands Antilles vis-a-vis the Convention. In how many languages was the Convention translated?
Response of the Netherlands Antilles
Responding to the questions raised and comments made by Committee Experts, the members of the delegation of the Netherlands Antilles said that any internationally binding, bilateral or multilateral treaties were entered into by the Kingdom. However, the implementation part was left to the respective territories. With regard to the Convention, it was not possible to ratify it by the Kingdom and the other territories at the same time, and that was why the Netherlands Antilles had ratified that treaty later on. The Aruba territory had still to ratify the Convention. In the future, the State party was expected to present a consolidated report to avoid any misunderstanding.
The delegation said that the Netherlands Antilles received cooperation assistance for programmes from the Kingdom, the European Union and the United Nations Development Programme (UNDP). UNDP's assistance was mainly concentrated on technical assistance in areas of natural disasters resulting from seasonal hurricanes; in human resources strengthening in different areas; and the improvement of government functioning.
Projects of non-governmental organizations were co-financed by the Netherlands Antilles, the islands and the Dutch Government, the delegation said. Some of the projects were tailored to fit the needs of each island.
The delegation said that the Government had taken measures to review the whole educational system in order to meet the needs of the new generations. In the past, renewal of the education system had been lagging behind, prompting youth to migrate to other areas such as the Netherlands. The new educational structure was also aimed at improving the quality of teaching. In addition, a youth policy had been implemented to assist young people to pursue their education and to find work.
Schools in the Netherlands Antilles were no more safe for children because of the introduction of drugs, the delegation said. The serious concerns about security in schools, due to substance abuse and trafficking of drugs around schools, had led the Government to introduce a pilot project for "safe and sound schools". The plan of action in that regard included all parties involved in the functioning of schools, such as pupils, parents, the teaching staff, churches and the justice system.
Asked about the family structure, teenagers, and women having children from different "husbands", the delegation said that the Government had been confronted with difficulties to change the deeply entrenched traditional values on the family structure; however, it had made efforts to raise awareness.
Committee Experts' Questions on General Principles; Civil Rights and Freedoms; Family Environment and Alternative Care; Basic Health and Welfare; and Education, Leisure and Cultural Activities
The Committee Experts continued to raise questions on most remaining clusters. They asked, among other things, about non-discrimination against vulnerable children, particularly disabled children; the status of undocumented children in the territory; the high number of traffic accidents resulting in the death of children; non-discrimination between legitimate and non-legitimate children in matters of inheritance; respect for the views of children in families and foster homes; guidance or protocol for the training of professionals who decide for children; and women's burden in raising their children.
Response by the Netherlands Antilles
In response to questions raised, the delegation said that undocumented children living in the territory of the Netherlands Antilles received medical assistance and were allowed to pursue their education. In addition, they were not excluded from the vaccination campaign launched by the Government. Preventive health services were also provided to all undocumented migrant people, free of charge.
Due to the large number of undocumented persons in the islands, the Government had conducted an overview of the situation and had granted a grace period to those living there clandestinely, the delegation said. One-third of the population was composed of migrants.
The main causes of death were congenital malformations and traffic accidents, the delegation said; however, the number of children who died in traffic accidents between 1991 and 1993 was only 4 out of 15,000 children.
The views of children were heard in matters concerning them, such as adoption or custody, the delegation said. Children were given the opportunity to express their opinion before courts concerning custody in the event of divorce.
Concerning the status of legitimate and illegitimate children, the delegation said that the status of being illegitimate had been discarded from the legal system. In addition, there was no discrimination towards children born out of wedlock.
Children placed in prisons for offences could express their opinion and lodge complaints to a committee connected to prison facilities, the delegation said.
The Netherlands Antilles received aid from the European Union to help the development and strengthening of its institutional capacities, the delegation said.
Some fathers did not want to pay alimony to their children and preferred to quit their jobs so as not to be obliged to do so, the delegation said. However, the Guardianship Council deployed all the means available to it to extract financial funds from the father, even if he left the country. Some fathers left the country to resettle in Holland, where they were traced and obliged to pay alimony. The tracing might be complicated when the individual lived outside Holland.
The Netherlands Antilles had many children in special school facilities because of the lack of proper handling of the needs of the disabled, the delegation said. Under a new structure, those children would be integrated in regular schools, and educational administrators would be stimulated to facilitate the adoption of disabled children.
The territory intended to transform its educational system over the next ten years, the delegation said. In dialogue with all the relevant institutions, including school boards, a major plan for the transformation had been developed. The plan consisted of four main parts: foundation based education for children aged 4 to 15 years; preparatory vocational education for students between 15 and 18; vocational education; and higher education.
Asked why teenage pregnant students were expelled from schools, the delegation said that not all school boards expelled them from schools. Some boards argued that keeping them in the schools might be a "bad example" for other students. However, the educational authorities had been engaged in a dialogue with the school boards on the possibility of keeping the pregnant girls in school or accepting them back after delivery.
Questions and Comments by Experts on Special Protection Measures
The Committee Experts continued to ask questions, among other things, on recruitment of children into the army at the age of 17 years; measures taken against sex tourism; daycare centres; the role of the federal youth parliament; the high rate of illiteracy; the increasing number of dropouts among children above the age of 14; discipline in schools; illegal abortion and its consequences; recognition of the value of breastfeeding, which was low at present; maternity leave; the campaign against the spread of HIV/AIDS; children in emergency situations, such as refugees; the lack of policies on refugees; the rise in drug trafficking and drug abuse; suicides among youth; the "sale" of children and abductions; conditions of children belonging to minorities; and administration of juvenile justice.
Response of the Netherlands Antilles
The delegation said the Government intended to privatize prison facilities; however, at present prisons were run by the Government. A new prison facility had been built with separate cells for juveniles.
With regard to military recruitment, the Dutch authorities had the competence to recruit people into the army, the delegation said. Males recruited in the navy were given duties relating to assistance of victims of calamities caused by hurricanes.
Perpetrators of sexual commercial exploitation of children were punished by law whenever the commission of such acts was reported to the authorities, the delegation said.
The Government had made efforts to increase vigilance on drug-trafficking by strengthening board control, the delegation said. Additional measures had also been taken to prevent drug-trafficking and the use of drugs. A publicity and awareness increasing campaign had been launched with the view to decreasing the number of incidents related to drugs.
The Netherlands Antilles had not ratified the 1951 Geneva Convention relating to the status of refugees, the delegation said. All requests relating to refugees were sent to Holland, which was a State party to that Convention.
With regard to indigenous people, the delegation said that the territory did not have such groups of people, except nationalities coming from different nations and living in the country.
Preliminary Concluding Remarks
ELISABETH TIGERSTEDT-TAHTELA, a Committee Expert, said she appreciated the delegation's to-the-point answers and thanked them for creating a positive feeling among the Experts. She welcomed the good cooperation the country had established with non-governmental organizations; the transparency in budget allocation; and the high quality of cooperation in all fields. She complimented the country for the innovative self-monitoring of the implementation of the Convention. She also appreciated the steps taken to modernize the educational system. She stressed the need for the creation of an independent body to receive complaints.
Concluding Remarks by Delegation
The delegation thanked the Committee for the cooperation the delegation had received; she said she would submit written responses on the remaining questions raised by Experts; and she would take home all the recommendations made during the discussion, including on the reservations.
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