儿童权利委员会审议孟加拉国的报告（部分翻译）

2015年9月16日

儿童权利委员会今日结束审议孟加拉国关于落实《儿童权利公约》条款的第五次定期报告。

孟加拉国妇女和儿童事务部国务部长梅赫尔•阿福若斯•舒木基（Meher Afroze Chumki）在介绍报告时表示，孟加拉国政府极为重视确保每一个儿童享有同样的机会，健康成长，在未来成为一名有价值的公民。遵循《公约》，政府制定了2013年全国儿童法，旨在为孟加拉国儿童打造一个更美好的未来。孟加拉国政府确保为族裔少数群体的儿童提供同样的教育机会并允许他们践行自己的文化。政府还在2010年3月制定了全国消除童工现象政策。为了打击贩运儿童现象，政府协调了所有相关部委，与国家和国际层面的各个伙伴合作。孟加拉国的目标是在2021年前消除15岁以下的童婚，在2041年前消除18岁以下的童婚。

互动对话期间，委员会专家认可了孟加拉国的进展并对许多立法措施的通过表示称赞，包括通过关于儿童保护的新法律。然而，他们指出，包括普遍的贫困和自然灾害等特定因素阻碍了孟加拉国落实儿童权利。专家询问了为确保儿童的最大利益、出生登记和教育权而采取的措施。专家还对难民状况、土著权利和歧视问题表示关切。也讨论了消除饥饿和贫困、体罚、童婚、暴力侵害妇女和儿童问题。还提了一些教育方面的问题，包括当前的法律和政策情况、政策结果的统计数据、性别均等以及可能出台的改善教育质量的政策和项目。

委员会副主席阿玛尔•萨尔曼•阿尔多谢里（Amal Salman Aldoseri）在总结发言中感谢孟加拉国代表团汇集了不同部委的专家并理解专家的关切。她强调了通过必要的措施来执行法律的必要性。

委员会主席本雅姆•达维特•梅兹姆尔（Benyam Dawit Mezmur）表示，他非常了解孟加拉国的特别情况，尤其是贫困程度。然而，定期报告的数量说明了缔约国对该问题的承诺。

舒木基女士在其总结发言中感谢所有委员会成员对孟加拉国儿童状况的关切和了解。其所在部委当然会考虑所有的意见和建议来处理这一问题。孟加拉国作为最不发达国家，人口众多，自从2012年提交第四次定期报告以来，已经在许多领域取得了长足的进步。然而，由于资源限制，计划和政策的落实仍是一大挑战。

孟加拉国代表团包括来自妇女和儿童事务部；社会福利部；内政部；教育部；劳动和就业部；财政部；法律、司法和议会事务部；以及孟加拉国常驻联合国日内瓦办事处代表团的代表。

委员会下一次公开会议将于今天下午3点召开，届时将开始审议哈萨克斯坦的第四次定期报告（CRC/C/KAZ/4）。

Report

The fifth periodic report of Bangladesh (CRC/C/BGD/5) is available here.

Presentation of the Report

MEHER AFROYE CHUMKI, Minister of State at the Ministry of Women and Children Affairs, said that the goal of the current Government was to ensure that every child grew up properly with equal opportunities and became a worthy citizen in the future. Bangladesh attached utmost importance to the education and health of its children. During the budget session of the 2015-2016 fiscal year, the Ministry of Finance had produced a report titled “Budget Thoughts for Children”, which was the first of its kind in the country. The report also analysed the budget of five Ministries with respect to children, identifying the areas of allocation. Further, the Government distributed textbooks free of cost to children and provided free education. The Government also provided food assistance to poverty-stricken mothers covered under the social safety net in order to ensure that they sent their children to schools and prevented them from marrying at an early age. In that regard, the Government had allocated significant resources for the Ministry of Health and Family Welfare as “investment in child health”.

Noting that the Government had formulated the Children’s Act of 2013 in line with the Convention of the Rights of the Child, Ms. Chumki said that it was a unique charter on protecting and establishing children’s rights. In addition, Bangladesh had formulated its National Children Policy in 2011 with an aim of building the future of the children of Bangladesh. The Government took its national policy into consideration whilst making all national development policies, planning, programme implementation and budgeting.

Day-care centres were maintained across the country for the convenience if working mothers. Such centres provided baby-sitting and primary education services. In some cases, they were used as a place for residence where meals were served. The Government had taken measures for orphans and children with impairments. The children of ethnic communities and minorities had equal opportunities when it came to education and could practise their own culture. On the children with disabilities, Ms. Chumki noted that Bangladesh had initiated a programme for the welfare of the autistic children. Within the scope of that programme, nearly 400,000 persons with disabilities were given monthly allowances and 50,000 were given a stipend for education.

The Government had taken substantial initiatives to eliminate exploitation of child labour. Accordingly, the Government had formulated its National Child Labour Elimination Policy in March 2010. To combat child trafficking, it coordinated with other related Ministries and worked with all partners at the national and international level. Noting that the Prime Minister was strongly committed to end child marriage in the country, Ms. Chumki said that the country targeted to end child marriage under the age of 15 by 2021 and under 18 by 2041. To realise such a target, the Government had drafted a five-year National plan of Action, addressing all the relevant issues associated with the child marriage.

Bangladesh had been hosting a huge number of refugees coming from Myanmar for over three decades, without sufficient international burden sharing and any meaningful contribution from abroad. In conclusion, Ms. Chumki stated that the delegation had provided relevant data and information in the report.

Questions by Committee Experts

GEHAD MADI, Committee Member acting as Country Rapporteur for Bangladesh welcomed the progress made by Bangladesh and its adoption of the new law on child protection. Despite the Committee’s previous recommendations, there was still no concrete progress on the Article 14, paragraph 1 and Article 21 of the Convention. Was there an intention to withdraw its reservations to those articles?

Turning to the best interest of children, Mr. Madi expressed appreciation for the efforts of the State party to increasingly incorporate the best interests of the child in national policies and programmes that affected children. At the same time, he was concerned that the issue was not defined in the national legislation. Accordingly, he asked about the measures taken by the Government.

Several Experts found that the birth registration in Bangladesh was a matter of concern.
One of the Experts requested information on measures taken to ensure effective birth registration, including conducting awareness raising campaign for parents, implementation of a mobile registration system to reach remote areas and the introduction of a national electronic birth registration system.

Turning to the corporal punishment, an Expert said that it was prohibited in education. However, he was concerned about the ineffective implementation of existing laws to prevent corporal punishment. Were all forms of violence, including corporal punishment, explicitly prohibited in all settings?

On the refugee children, an Expert noted that the State party did not have any legislative or administrative provisions for refugees. What measures were taken to ensure that refugee or asylum-seeking children were provided with adequate advice, support, legal aid, and counselling? Were children born in Bangladesh to refugees registered at birth?

Regarding indigenous groups, it was said that there were about three million people living in the country and facing discrimination every day. What kind of measures had been taken by the Government to ensure their rights?

With regard to the child marriage, which was very common in Bangladesh, one Expert asked about the measures taken to eliminate such practice.

Another Expert stated that, according to a World Bank report, Bangladesh had made commendable progress with respect to the eradication of poverty and hunger. Despite progress made in the growth rate helping to eliminate poverty, about 46 per cent of all children in Bangladesh still lived below the upper poverty line. She asked whether a study had been done on eliminating child poverty.

On the subject of education, one Expert asked if the Ministry of Education had conducted any evaluation on the national programmes and initiatives.

Replies by the Delegation

The delegation stressed that the Government of Bangladesh was fully committed to realize the rights of all children of the country. In order to address the concluding observations of the Committee on the Rights of the Child on the combined third and fourth periodic reports, the Government had taken a number of initiatives, enacting new laws and policies.

Regarding measures taken to ensure the best interest of children, the Government had undertaken serious efforts in applying the principle of “the best interest of children” to the new laws and policies. Further, a number of trainings had been provided to the Government officials and professionals directly involved with child rights issues, so that they could develop capacity to efficiently deal with children’s issues. The issue had also been outlined in the new Children’s Policy as one of the core principles.

On child marriage, the delegation noted that the legal age of marriage in Bangladesh was 18 years for girls and 21 years for boys. In a recent meeting, on 15 September 2014, the Cabinet had reviewed the updated draft Child Marriage Restraint Act, which had now been approved in principle. Despite those recent developments, a large proportion of marriages admittedly still took place before the legal age of marriage was reached. Early and forced marriage, therefore, still remained as a big problem in the country, especially among the lower income groups living in rural and hard to reach areas.

Regarding the birth registration in Bangladesh, a delegate said that tremendous efforts had been made to achieve 100 per cent birth registration during the reporting period. Currently, 85.47 per cent of the total population was registered. The Ministry of Women and Children Affairs had initiated a “Birth and Death Registration” project, with support from the United Nations Children’s Fund, with the view of ensuring birth registration and providing certificates to all people.

A massive awareness programme had been carried out via production and dissemination of posters, leaflets, brochures, and promotional programmes on radio and television. Despite certain advancement, the progress had been slow in the remote areas. According to the current law, births of all children were to be registered within 45 days. To improve the current system, the Ministry of Women and Children Affairs had introduced online birth registration programme with the support of the United Nations Children’s Fund.

On the corporal punishment, the delegation noted that the law banned all forms of punishment in all primary and secondary educational institutions in Bangladesh. The Ministry of Education had also issued a circular prohibiting any kind of corporal punishment. In addition to development of principles and guidelines, the Government had also implemented massive awareness raising campaigns using print and electronic media. Further, the Ministry of Information had initiated awareness raising activities against corporal punishment, including the production and projection of documentary films, television programmes, and docudramas under its “Advocacy and Communication for Women and Children” project. However, prevention of corporal punishment at homes and workplaces was making a slower, but gradual improvement.

Turning to the issue of refugees, the delegation said that all the registered Rohingya refugee children had been provided with access to basic education in two refugee camps. Similar facilities were also provided for adolescents and adults. There were computer training centres and skill development centres for the adults. Children and their families had easy access to health services inside the camps, as well as in the local and secondary medical facilities. Community management and protection against violence had been strengthened through special management. Regular awareness building sessions were conducted to develop their understanding on the consequences of violence.

Regarding children with disabilities, a delegate stated that the Gender and Inclusive
Education Action Plan was being implemented. Construction of all new school buildings included ramps to make easy access for children with disabilities. At least one separate toilet for those with disabilities was being constructed in each of the new school buildings.


Questions by Committee Experts

An Expert said that there was a rise in the sexual exploitation and rape, which had impact on children. The question was how many cases had been submitted to the court, and how many people had been judged. Was there an updated statistical data on children who had been victims of sexual abuse and exploitation, including victims of trafficking, as well as the number of complaints, investigations and prosecutions in that regard?

Turning to child trafficking, the Expert asked about the progress achieved in the area of the prevention of child trafficking, in particular with regard to the signing of a memorandum of understanding between India and Bangladesh. The Expert noted that lack of available resources was one of the reasons to effectively eliminate child trafficking and all other forms of violation against children. What about the measures taken to protect girls from sexual violence, and to criminalize marital rape?

Another Expert inquired about the role of religious persons in poverty reduction and promotion of children’s rights.

Sexual exploitation of children was a serious problem which continued to grow in the State party, especially in the form of child prostitution and trafficking for that purpose. Could an update be provided on the issue?

Replies by the Delegation

The delegation said the Children’s Act of 2013 was the guideline to ensure the promotion and protection of children’s rights. On the administration of juvenile justice and minimum age of criminal responsibility, a new legal framework had been proposed to improve the administration of juvenile justice. In line with the Convention and other international standards, diversion and other alternatives to prevent deprivation of liberty of children coming in conflict with the law had been incorporated in the draft law. The draft had already been approved by the Cabinet, awaiting enactment by the National Parliament.

Juvenile courts existed in each district, and the Supreme Court of Bangladesh had asked the lower judiciary to designate one judge at each tier as the juvenile court judge. Child affairs police officers and separate courts were mandated to specifically deal with cases involving child victims, child witnesses and child offenders.

On the arrest, detention and imprisonment of children, the delegation highlighted that a national task force had been working to ensure that children did not go to adult prisons and those who were already there were released without delay. Further, child friendly police officers would be assigned to all police stations across the country, and specialized police units would be set up at the district level to deal with children in contact and conflict with the law.

Juvenile prisoners, while staying in prison, could take elementary, religious or ethnical education. They could also contact their family or relatives through letters and physical visits at jail premises, and request a lawyer from the Government if they were unable to hire one.

Turning to the refugee camps, a delegate said that children born to the Myanmar refugees living in the registered camps were covered by the compulsory birth registration. Bangladesh was not a party to the 1951 Refugee Convention and its 1967 Additional Protocol. However, the country was committed to the international protection standards. All the registered Rohingya refugee children, adolescents and adults had been provided with access to basic education through 21 schools in two refugee camps. Families were provided with health services inside those camps. The local administration and law enforcement agencies remained sensitized to provide legal protection, as appropriate.

On the sexual violation and rape, the delegation admitted that such acts were indeed taking place in the country. The problem of sexual abuse and exploitation of children had been reflected in the National Plan of Action against Sexual Abuse and Exploitation of Children including trafficking. The Government of Bangladesh had enacted several laws to protect children from such acts. Those laws included the Domestic Violence Act, The Human Trafficking Prevention and Repression Act, and the Pornography Control Act, in addition to the Prevention of Women and Children Repression Act.

Despite progress, there were still challenges for the Government of Bangladesh to fully prevent sexual abuse and exploitation against children for various social and economic factors, as well as legal enforcement challenges. There were several middle class families who did not seek justice through any means and kept silent to limit the scandal. There were also other families who wanted justice but were misinformed about the procedures to follow.

On the use of children in pornography, it was explained that the Government of Bangladesh had been working tirelessly with all relevant partners at the national level, including civil society organisations, to ensure that no child under the age of 18 became a victim in that regard.

Responding to the questions on breastfeeding, the delegation stated that the Government had taken various initiatives, one being establishing breastfeeding corners for mothers across the country. Noting that this new practise had already approved by the Cabinet, it was hoped that breastfeeding corners would be seen in all working places in the near future.

Turning to the vocational training, the delegation said that the Government guaranteed the fulfilment of basic rights, including education for all citizens. The Government policies and goals were to increase substantially the proportion of post-primary students enrolling in the vocational training.

On the adoption of the Optional Protocols, the delegation reiterated its points on the domestic ratifying system, which had several procedures before a decision could be reached.

The goal of the Government was to achieve sustainable improvement in the health, nutrition and reproductive health, including family planning. One of the key achievements was the increase in the access to free primary health services through community clinics. On the subject of HIV/AIDS, it was stated that different prevention strategies and activities had been undertaken, including the establishment of voluntary counselling and testing centres, blood screening centres, and the promotion of HIV-related reproductive and sexual health education for young people.


Questions by Committee Experts

Several Experts asked about the education, requesting updated information on the current status of laws and policies, including the new Education Act, updated statistical data about the results of such laws and policies, and gender parity.

Questions were asked on the number of new schools, programmes and trainings for the minority children and children with disabilities, and the potential policies and projects to improve the quality of education.

An Expert said that the Prime Minister of Bangladesh had recently mentioned a possibility of transferring refugees from the camps to another location in the country. What would the impact of that policy be on refugee children?

Another Expert said that coordinating partners in implementing policies and programmes was very significant. He asked what kind of measures were taken to ensure the coordination between partners, including the Ministry of Women and Children Affairs, and others.

Replies by the Delegation

In 2000, Bangladesh had ratified the Optional Protocol to the Convention on the involvement of children in armed conflict. There had been no such incidents in the country. Although there was an inherent assumption related to “growing trend of violence and armed rivalry”, that was not backed by any evidence. Thus, it would be unwarranted to consider the situation in the region as a conflict situation.

Turning to the questions on education, it was explained that the Government of Bangladesh was strongly committed to improvements in the education sector. Development plans with education had been given the highest priority in the public sector investments. As the Education Policy had been adopted in 2010, budgetary allocation had been increased and the quality of education had received special priority. Accordingly, the enrolment and the retention rate had improved.

Turning to the progress made in terms of increasing access to education and gender parity, both at primary and secondary levels, the delegation informed that the introduction of stipend programmes for females had a tremendous impact on girls’ education, with girls now outnumbering boys at primary and secondary schools. Transition rates to secondary and higher education, especially in the case of girls, had increased due to stipend programme. Further, the Government was revising its scholarship programme to make subsidies more equitable to boys and girls.

With regard to legal and policy options to ensure the right to education, including vocational training, the delegation noted that the Constitution guaranteed the fulfilment of basic rights, including education for all citizens. The Labour Act prohibited children from engaging in labour before completing the compulsory primary education.

The Government had taken steps to ensure the quality of education at all levels, including the revision and modernisation of the curriculum of primary and secondary level education and the improvement of the capacity for teachers.

On the Prime Minister’s statement about the Rohingya refugees, the delegation noted that the Government had not made its final decision yet. However, the plan was to transfer refugees living in the camps to another area in the country. To address the issue of refugees, the Government of Bangladesh had been working with national and international partners, taking all necessary measures to streamline the provision of humanitarian assistance to the refugees. Children in the registered refugee camps were provided protection and assistance as per relevant international norms and standards, in collaboration with the United Nations High Commissioner for Refugees.

Turning to the coordination of actors in the review of progress related to women and child development, the delegation noted that the Ministry of Women and Children Affairs had several mechanisms to ensure coordination between partners. The Ministry distributed guidelines to concerned Ministries and divisions. In addition, every Ministry had a focal point dealing with the issue, and monitoring the news and developments.

Concluding Remarks

AMAL SALMAN ALDOSERI, Vice Chairperson of the Committee, thanked the delegation of Bangladesh for gathering experts from various Ministries and understanding of Committee Experts’ concerns. She encouraged the State party to pay close attention to the issues raised. As a matter of urgency, the country would need to adopt measures to enforce laws.

BENYAM DAWIT MEYMUR, Chairperson of the Committee, appreciated the effort shown by the Government of Bangladesh. He was well aware of the particular situation of the country, especially the level of poverty. The number of periodic reports was an indication of the commitment of the State party to the issue. The delegation should take into consideration the Experts’ comments and suggestions.

MEHER AFROZE CHUMKI, State Minister at the Ministry of Women and Children Affairs, thanked all Committee Members for their concern and awareness on the condition of children in Bangladesh. Her Ministry would certainly take all observations and suggestions into consideration to address the issues raised. Bangladesh, as a Least Developed Country with a huge population, had achieved considerable progress in many areas since the submission of the fourth periodic report in 2012. Despite remarkable progress, the implementation of plans and policies always remained a challenge due to the resource constraint. Unfortunately, it was not possible to change the established and deep-rooted views and customs of the society overnight. However, the country would continue to strive for improving the situation.

In order to achieve the level of development that was essential for the full enjoyment of human rights by the people of Bangladesh, including children, Bangladesh needed the cooperation and support from the international community as well as the development partners. It was hoped that the Committee understood and reflected the particular situation of Bangladesh when preparing its recommendations for further improvements.

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