COMMITTEE ON RIGHTS OF CHILD REVIEWS REPORT OF BELARUS

CRC
30th session
27 May 2002



400,000 Children Still Suffer from Chernobyl Disaster,
Delegation Says; in Preliminary Remarks,
Expert Says High Rate of TB and HIV/AIDS a Concern



The Committee on the Rights of the Child examined today a second periodic report of Belarus, expressing concern, in preliminary remarks, about a health situation that had given rise to high levels of tuberculosis and HIV/AIDS.
In preliminary concluding remarks, Jacob Egbert Doek, Committee Expert, said a Government delegation present to introduce the report and answer questions had enabled the Committee to better understand the situation in the country. Belarus's budgetary problems and an accelerating trend in family breakdowns were a cause of concern, he said; and the Government was called upon to reduce the number of children placed in institutions.
The report was introduced by Vladimir Malevich, Deputy Permanent Representative of Belarus to the United Nations Office at Geneva, who said among other things that since his country had ratified the Convention on the Rights of the Child, a number of crucial steps had been taken to improve the situation of children. Among those measures was the enhancement of legislation related to the rights of the child -- since 1995, 25 standard-setting measures had been implemented for children over 5 years old, he said.
Mr. Malevich said that although the infant and child mortality rate had dropped in recent years, the State faced problems with regard to violence involving children, drug addiction, HIV/AIDS, and child crime. Furthermore, he said, 16 years after the Chernobyl nuclear disaster, some 400,000 children were still suffering from the effects.
Belarus was also represented by Liudmila Panferova, Deputy Director of the National Centre of Law-drafting Activity; and Sergei Anoshko, First Secretary of the Permanent Mission of Belarus in Geneva.
The Committee will release its formal concluding observations and recommendations on the second periodic report of Belarus towards the end of its three-week session on 7 June.
The report was submitted in compliance with the Convention on the Rights of the Child to which Belarus is among 191 States parties.
The Committee will continue its work at 10 a.m. Tuesday, 28 May, when it is scheduled to take up a report of Tunisia.

Second periodic report of Belarus
The report (CRC/C/65/Add.15) describes measures to apply the Convention, which was ratified by Belarus in 1990, efforts to implement the country's Rights of the Child Act, and steps taken to respond to recommendations made by the Committee following consideration of the initial report of Belarus. It notes that a National Commission on the Rights of the Child was created in March 1996. As of 1 January 1998, according to the report, 25.5 per cent of the population was composed of children. The population of children is declining; their number fell by 206,100 between 1994 and 1997.
Despite Government efforts, some problems continue to worsen, the document notes; the public is particularly worried about the growth in juvenile crime, which has many causes. Under the pressure of social and economic changes, industrial output is being cut, unemployment is on the increase and the social standing of families with children is declining; the family is in deep crisis: the numbers of single-parent and unhappy families are increasing along with the numbers of families whose morals and senses of values have been distorted.
According to the report, UNICEF has given Belarus a great deal of assistance in improving the situation of children; its work in the country began with a contribution to the preparation and publication in 1994 of the national report "Children and women in Belarus: today and tomorrow". Since October 1997, joint programmes on such issues as the rights of the child, the health and development of young people and the children of Chernobyl have been implemented in Belarus with the support of UNICEF.
The report concludes that a number of difficulties are hindering implementation of the Convention. Because of the precarious situation of the family and the economic problems of the country, it is impossible to ensure an appropriate standard of living for children. Of particular concerns are child criminality and cases of cruelty and violence against children. Legislation is still not entirely in line with the provisions of the Convention; nor has it been possible, as yet, to set in place the child welfare structures provided for in the country's act on child rights. However, since 1999, State authorities and voluntary organizations have been striving to resolve these and other problems.

Introduction of report
VLADIMIR MALEVICH, Deputy Permanent Representative of Belarus to the United Nations Office at Geneva, said that since his country ratified the Convention, a number of crucial steps had been taken to improve the condition of children in the country. Among them was enhancement of legislation. Since 1995, 25 standard-setting measures had been implemented for children over 5 years old, and in 2000, a new version of child protection had been put in place through which the Procurator General could receive complaints from children.
A new piece of legislation -- article 11 -- had been introduced to strengthen the free expression of children, Mr. Malevich said. In 1998 a new policy had been adopted on State-family relationships; and in 1999 a new Family Code had been put in place. The Government had already adopted International Labour Organization (ILO) Convention No. 182 on the worst forms of child labour; and it was formalizing accession to the Optional Protocols to the Convention on the Rights of the Child.
Mr. Malevich said that in 2001 measures had been adopted on gender equality in the field of employment. In that connection, the Government had ratified ILO Convention No. 183 on the protection of mothers. Earlier in 1996, the Government had established the National Commission on the Rights of the Child, which served as a State body for drafting relevant legislation. A bill was also had been passed in 1990 aimed at empowerment of children, followed by publication of an annual analytical report on the rights of the child. That bill had been further strengthened by measures enabling children to participate in decision-making processes on subjects concerning them.
Although infant and child mortality rates had dropped in recent years, there were problems with violence against children, drug-addiction and HIV/AIDS, among other things, Mr. Malevich said. Although 16 years had passed since the Chernobyl nuclear disaster, 400,000 children were still suffering from the effects of the Chernobyl explosion.

Questions and Comments by Experts on General Measures on Implementation of Convention and Definition of the Child
A Committee Expert said progress had been achieved in implementation of the Convention; however, information was lacking on implementation of the national plan of action. Due to the strategic consequences of the Chernobyl incident and the transition to a market economy, the country had encountered difficulties in fully implementing the Convention. Poverty was widespread, with 35.7 per cent of the population living below minimum subsistence levels. Many of the poor were "working poor". One-third of marriages ended in divorce; the number of "social orphans" -- children abandoned by parents -- had increased; and despite positive aspects in the general trend towards implementation of the rights of the child, the overall human rights situation gave rise to concern. What was the role of non-governmental organizations?
Another Expert asked what the Government was doing with the outcome of the Special Session of the General Assembly on Children held this month in New York; and about measures taken to implement the Paris Principles on national human rights institutions.
An Expert asked about budgetary allocations for activities to promote child rights. Did resources for children come only from the budget, or from other sources? How did the revenue collection system work?
Belarus was facing a very difficult situation that could be attributed to its economic crisis and mass economic transformation, an Expert said. What measures had been taken in relation to the declining population of children in the country? What space was given to NGOs and their role in society?
An Expert asked if children had permanent fora where they could express their views; did law-enforcement personnel receive training in dealing with children? How did the 100 NGOs working in the country to protect the rights of children operate? Did the Government coordinate their activities? How did the Government implement laws regarding to alcoholic beverages, given the high number of drug addicts in the country?
The country had recently held elections in which a new administration had been installed, an Expert said; were Government authorities working for the rights of the child also changed? What was the intention of the new Government in implementing the rights of the child?

Responses of Belarus
The delegation said that in 1999, funds allocated for the needs of children in education had stood at 3.9 per cent of the gross domestic product (GDP) while in 2001 the rate was raised to 4.1 per of GDP. By the year 2005, funding for health would be 5.5 per cent of GDP. At present 14 per cent of the Government budget was spent on social-sector programmes.
The National Commission on the Rights of the Child had been created in March 1996 with a mandate to coordinate legislation and standards on the rights of the child, the delegation said. It also described specific programmes to be implemented by various Government agencies. At present, 28 people representing the Government and civil society worked on the National Commission. The Commission had no special budget and its workers were paid by their original employers.
Asked if a new national plan of action was to be introduced, the delegation said that since the period for the implementation of the previous plan had elapsed, a new one had to be put in place. The new programme, "children of Belarus" contained elements of the previous plan and included sub-programmes such as children of Chernobyl, disabled children, orphans, development of social services for families and children, and development of the baby-food industry.
A bill had been drafted on the establishment of an office of Ombudsman and presented to legislators, the delegation said. After assessing the financial situation of the country, Parliament had decided against the measure. Under the present economic situation the maintenance of an office of the Ombudsman was considered to be too expensive.
State policy on the family had to be refine to further strengthen the family and to ensure its social and legal protection, which in turn would have a positive impact on children, the delegation said.
At least 50 per cent of complaints lodged with the National Commission on the Rights of the Child involved lack of housing, the delegation said.
With the support of UNICEF, a number of seminars on child rights had been held in Minsk, the capital city, with the participation of children, the delegation said. Other fora were also held to increase child participation in the implementation of the rights of the child and to assist them in understanding their rights.
With regard to the right of children in political affairs, the delegation recalled that in 1999, the State had passed a bill in support of children's political movements. So far, there were 83 political movements in which children and adolescents participated, on local and international levels.

Remarks and Questions by Experts on General Principles; Civil Rights and Freedoms; and Family Environment and Alternative Care
Committee Experts asked, among other things, about the use of corporal punishment in the family; the actual situation of foster families; measures taken to prevent disintegration of the family; peaceful assembly and association; non-discrimination against minority children; the status of student councils in schools; the country's poverty-eradication strategy paper; and the situation of the country's 20,000 Roma population.
Committee Experts also asked why the number of children removed from parents was growing; what had been done to change the attitude of society with regard to disabled children; and what was being done to study the causes of an increasing suicide rate.

Response of Belarus
The delegation said the rate of unemployment in Belarus was only 2 per cent compared with the situation of the former Soviet Union; and GDP growth had been 3 to 4 per cent. The poverty rate was 37 to 40 per cent, which was not as high as for certain East European countries that were candidates for accession to the European Union. A very large portion of the budget of Belarus was absorbed by expenses incurred by the process of economic transition and by recovery following the Chernobyl incident.
Asked about the fate of children removed from their parents, the delegation said child-protection bodies were taking care of them and the responsibility for them fell to the Ministry of Education. Such children could not be placed with individual families.
Separation of children form parents was decided by courts, the delegation said; however, parents were not deprived of their rights over their children. Courts decided arrangements in close cooperation with the parents and concerned authorities, and such children were placed in institutions where they were provided with schooling facilities and health-care services. The courts established how parents deprived of their parental rights could meet with their children.
With regard to family disintegration, the delegation said social and psychological assistance was given to families and children thus affected. In addition to 26 centres for providing assistance to the parents and children, there were 65 shelters for victims of family disintegration.
The State provided targeted social assistance to families, including those raising more than three children and those caring for children born out of wedlock; and families with disabled children and single parents were also included in the assistance scheme, said the delegation.
Mothers had the right to have a three-year maternal leave with pay, the delegation said. That right was immediately applied once the mother delivered her child.
The Government spent a large amount of money to help disabled children, the delegation said. Legislation was in place to protect their rights and to prevent any discrimination. In addition, a series of programmes had been implemented to promote the rights of children with disabilities. Families caring for disabled children received additional financial support from the Government. Further measures had also been taken increase services for disabled children. By January 1998, there were 22,912 disabled children in the country, 1,021 of whom were Chernobyl victims.
Children with disabilities were also placed at sanatoria, where they enjoyed every comfort provided by the State, the delegation said. Two kinds of children could be accommodated in such sanatoria: normal children could stay to have a rest with entertainment; or children could stay there for medical treatment. In addition, there were 91 special schools for children with psychological problems. Other disabled children -- 5,471 in all -- attended normal schools.
There were certain advantages provided to disabled children if they decided to pursue higher studies, the delegation said. Many were exempted from certain academic exigencies at the universities. Blind students could have access to textbooks and documents in brail. Enterprises employing disabled persons had the possibility of tax exonerations. Building designs should also provided accessibility to disabled persons. In addition, the public transportation system had been conceived or modified to allow access by disabled persons.
Roma children enjoying the same rights as other children in Belarus, the delegation said. There were also children of other nationalities such as Polish and Russian. Other minority children had the possibility of receiving education in their mother tongues. There was no statistics on the number of Roma children in the schools. However, they were not subjected to discrimination.
Corporal punishment was banned by law, the delegation said. However, any person could bring a charge of corporal punishment before the courts. The attitude of the general culture remained, unfortunately, accepting of punishing children physically, and there needed to be awareness-raising programmes and campaigns. A recent survey by an independent organization had shown that corporal punishment remained an aspect of child-rearing.
Television films containing scenes of violence were prohibited in the country, the delegation said. Cinemas and video shows were also regulated by law so as not to expose children to scenes of violence. In 2001, some 2,930 children had been victims of violence, including domestic violence, road accidents, drowning and burning, among other things.
Asked about the role of NGOs and their participation in fostering child rights, the delegation said that a number of organizations had been receiving funds from the Government and other external sources in support of such activities. Organizations working for the protection of disabled children cooperated closely with the Ministry of Labour and Social Security in providing employment for the disabled.

Experts' Comments and Questions on Education, Leisure and Cultural Activities; and Special Protection Measures
Committee Experts asked, among other things, why parents of refugee children needed valid passports to register their children in schools; about free and compulsory education; about why, under the juvenile justice system, the same sanctions were applied against children as adults; about the lack of specialized juvenile justice system; if commercial sexual exploitation was a problem to the country; what had been done to fight against the development of malignancies caused by nuclear radiation after the Chernobyl disaster; what measures had been taken to provide iodine nutrition to mothers and children; why the rate of tuberculosis infection had reached a high level; that steps had been taken against trafficking in women and children; if a study had been carried out on the magnitude of sexual abuse; about channels for lodging complaints for children lodged in institutions; and about the situation of child labour.

Responses of Belarus
The delegation said basic education, which was 10-year schooling, was compulsory and free.
Belarus was a State party to the 1951 Geneva Convention relating to the status of refugees and a law was being elaborated in that connection, the delegation said. Unaccompanied children would be assigned custodians to care for their education and their well-being. Foreign children of Lithuanian or Polish origin had the possibility of studying in their own languages.
A decline in libraries and related services was a result of economic factors, the delegation said, adding that in 1991, there had been 5,367 libraries as compared to 5,200 in 2000.
A United Nations mission had reviewed the situation in the Chernobyl area, the delegation said. Since the explosion had occurred 16 years ago, measures had been taken to diagnosis people who were affected by the incident and to provide them with treatment. Some victims had been sent as far as Italy and other European countries for medical treatment. There was no converging opinion within the international medical family, including the World Health Organization, on the genetic problems of the region; however, the Government had continued to conduct a number of tests among people living in the vicinity of Chernobyl. The issue of psychological trauma had been one to which the Government had assigned priority.
In order to prevent drunkenness and alcoholism, an inter-ministerial committee had been established, the delegation said. In addition, measures had been take against cigarette and drug addiction among youths; and against juvenile delinquency. In 2000, some 9,990 crimes had been committed by adolescents, with the rate dropping significantly in subsequent years. Children between age 14 and 16 were held responsible for twenty kinds of crimes, including deliberate homicide and rape. Measures for sentencing minors could include corrective and educational punishments. In the commission of crimes by minors, the culprit's age was considered a mitigating factor.
Belarus had not carried out significant work on commercial sexual exploitation of children and trafficking in women and children, the delegation said. However, measures had been taken to tackle these problems and a study was under way on these issues.

Preliminary Concluding Remarks
JACOB EGBERT DOEK, Committee Chairperson, in his capacity as Expert, said the delegation had enabled the Committee to better understand the situation in Belarus. This would be helpful to the Committee in formulating its final recommendations. The Government had put in place numerous legislative provisions, but how they were implemented would be touched upon in the Committee's concluding observations and recommendations. The country's budgetary problems and the role of NGOs had been dealt with during the debate, as well as the mounting trend in family breakdowns. The Government was called upon to reduce the number of children placed in institutions.
Mr. Doek said the Committee had expressed concern over the level of health services, which had allowed tuberculosis and HIV/AIDS to reach epidemic proportions.

Remarks by Delegation
The Belarus delegation thanked the Committee for the hospitality it had received and for the constructive proposals and suggestions made over the course of the debate. The delegation hoped that the observations and recommendations to be made by the Committee would give further impulse to Belarus in its efforts to promote and protect the rights of the child. It also hoped that the UN and other regional agencies such as UNICEF, whose work was highly valued by the Government of Belarus, would give more attention to the situation in the country.



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