CRC 35th session: Second periodic report of Armenia



UNITED NATIONS
Press Release

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xxxxxxxxxxCOMMITTEE ON RIGHTS OF THE CHILD REVIEWS SECOND PERIODIC REPORT
OF ARMENIAxxxxxxxxxx

15 January 2004

The Committee on the Rights of the Child today reviewed the second
periodic report of Armenia on how that country is complying with the
provisions of the Convention on the Rights of the Child.

Introducing the report, Armenia's Minister of Social Security, Aghvan
Vardanyan, said that since the consideration of the initial report,
Armenia had continued to comply with the provisions of the Convention
through the implementation of legislative and administrative
measures. Most of its activities had been concentrated on social
activities that aimed at enhancing children's rights in the country.

In preliminary concluding remarks, Committee Expert Joyce Aluoch, who
served as country rapporteur to the report of Armenia, said the State
party should take further action to ratify the two Optional Protocols
to the Convention on the sale of children, child prostitution and
child pornography, and on children in armed conflicts. She also
encouraged the State party to ratify International Labour
Organization Conventions 182 and 138 without waiting for the adoption
of the new labour law.

The Committee will issue its formal, written concluding observations
and recommendations on the report of Armenia towards the end of its
three-week session on 31 January.

The Armenian delegation was also composed of Zorab Mnatsakanian,
Permanent Representative of Armenia to the United Nations Office at
Geneva; Karine Soudjyan, Head of Human Rights Desk, Department of
International Organizations, Ministry of Foreign Affairs; Marta
Ayvazyan, First Secretary of the Permanent Mission of Armenia to the
United Nations Office at Geneva; Nelly Douryan, Head of Juvenile
Affairs Division, Department of Criminal Affairs, Ministry of the
Interior; and Karine Saribekyan, Head of Maternity and Child Health
Protection Division, Department of Health Care System Management,
Ministry of Health.

As one of the 192 States parties to the Convention, Armenia is
expected to provide periodic reports for consideration by the
Committee on its efforts to comply with the provisions of the treaty.

When the Committee reconvenes at 10 a.m. on Friday, 16 January, it
will review the second periodic report of Germany (CRC/C/83/Add.7).


Report of Armenia

The second periodic report of Armenia (CRC/C/93/Add.6) contains
information on the efforts made by the State party to comply with the
provisions of the Convention on the Rights of the Child. It notes
that the Convention has been translated into Armenian and has been
widely disseminated both among the general public and to specialists.
The State has taken the necessary legislative, administrative and
other steps to implement the provisions of the Convention. In order
to ensure that children's rights are fully upheld in the country, a
series of laws have been adopted since Armenia ratified the
Convention on 1 June 1992.

The report says traditionally, Armenian families have always been
very child-oriented. The welfare of children has always been a
central concern of the Armenian State. State policy is designed to
protect the interests of the family and a number of special measures
have been developed to ensure the protection of families in which the
parents are divorced and families which have children born out of
wedlock or adopted children.

Further, the report notes that non-governmental organizations are
actively involved in children's issues. In 1999, an alternative
report on the implementation of the provisions of the Convention was
prepared and published by a number of Armenian non-governmental
organizations (NGOs), with financial support from the United Nations
Children's Fund (UNICEF).


Introductory Statement

AGHVAN VARDANYAN, Minister of Social Security of Armenia, said the
report included responses to the comments and recommendations made by
the Committee following its consideration of the initial report of
Armenia.

Since the consideration of the initial report, Armenia had continued
to comply with the provisions of the Convention on the Rights of the
Child through the implementation of legislative and administrative
measures, the Minister said. Most of its activities in favour of
children were focused on social areas. In 2003, the Government had
provided social assistance to 250,000 children. It had also taken
measures to improve many children's institutions in the country.
During the period 2001 to 2003, a number of documents had been
adopted that guaranteed for children who were in need of alternate
care a whole range of services and care institutions that provided
support for such children.

Mr. Vardanyan said that one of the problems requiring solutions was
the issue of children with disabilities. The Government had continued
to provide assistance to children with disabilities, and further
efforts were being made to integrate them into society. With the
active participation of public organizations for children with
disabilities and their parents, courses were being held to teach such
children various skills and to promote their socialization.

In 2003, the Government had approved a long-term poverty eradication
programme --the Strategic Programme to Overcome Poverty -- a priority
area of which included the provision of high-quality education and
equal access to all levels of education, he said. Money obtained from
taxes would be channelled to the activities of the poverty
eradication programme.

Mr. Vardanyan said that several non-governmental organizations (NGOs)
had been actively participating in the promotion and protection of
children in the country. With the support of the United Nations
Children's Fund (UNICEF), Armenia had also made progress in many
areas, including social and educational fields.

The Minister said that in October 2003, the National Programme of
Action to Protect Children's Rights had been submitted to the
Government for approval. The Programme included a number of measures
on the provision of medical assistance, social protection, and
implementation of educational programmes for children, among other
things. The Programme was a long-term project to be implemented from
2004 to 2015.

Discussion

JOYCE ALUOCH, the Committee Expert who served as country rapporteur
to the report of Armenia, said the report had been prepared in
accordance to the guidelines of the Committee contrary to the
previous one. She said that the family law had been adopted, but it
was not yet clear when children would start to enjoy its provisions.
The report did not indicate the analysis made on the data collected
on children. She asked if non-governmental organizations (NGOs) had
participated in the preparation of the national plan of action for
children? Had children and NGOs participated in the preparation of
the report?

Armenian law prohibited acts of discrimination, but there seemed to
exist discrimination against children with disabilities, refugee
children and street children, Ms. Aluoch noted.

Another Expert said that there was no clear definition of the child
with regard to the minimum age for sexual consent and criminal
responsibility.

An Expert asked if data collection was limited to children living in
institutions or if it was extended to all children? She wanted to
know if the activities of NGOs had been reduced due to certain
constraints? Another speaker asked if the text of the Convention was
distributed to school children.

Responding, the delegation said that in 2003, the Government had
adopted the programme on the protection of the rights of the child
based on the Convention on the Rights of the Child. Several
international organizations, including NGOs, had participated in its
elaboration. Although children were not directly involved in the
process, they were indirectly consulted.

With regard to the creation of the Ombudsman for children, the law
entered on 1 January 2004 provided for such an establishment, and
according to the law, it would be an independent institution, the
delegation said. It would not be subordinate either to the parliament
or the office of the Head of State.

Asked about the rank of international treaties, the delegation said
that all international conventions ratified by the country took
precedence over domestic laws. Any treaty was ratified by the State
after the Constitutional Council approved it.

Armenia was at present elaborating a new labour law, which would
enable it to ratify International Labour Organization conventions
which it had not ratified, the delegation said. It was implementing
the ILO conventions that it had already approved.

Because of financial difficulties, the budget allocation for children
had been cut last year, the delegation said. However, the budget in
social affairs had been increased in this year's budgetary
allocation. The Government had also adopted a strategic programme for
the eradication of poverty.

The new amendment to the Children's Rights Act provided for the right
of children to be heard and to express freely their opinions, the
delegation said. Further, their right to participate in decisions
concerning them had been stressed, including the consideration of
their views in all areas.

Anti-discrimination provisions had been strengthened with regard to
refugee children and children with disabilities, as well as other
vulnerable groups of children, the delegation said. The problem
regarding the 350,000 refugees who had ended up in Armenia had also
been given special focus. Although those refugees were ethnic
Armenians, measures had been taken for their integration because of
their displacement from their place of origin.

On the mandate of the National Commission on the Rights of the Child,
the delegation said it was set up to elaborate the national plan of
action for children and later its mandate had been extended to deal
with other issues pertaining to children's rights.

Since 1993, Armenia had been cooperating with a number of NGOs, the
delegation said. Those NGOs had been exempted from property taxes.
The Government, in collaboration with NGOs, had implemented a number
of projects for children.

Committee Experts raised further questions, among other things, on
the registration of births in remote regions; training of magistrates
on children's rights; the large number of children deprived of a
family environment and living in institutions; maintenance of
children born out of wedlock; and the situation of children with
disabilities living in rural areas.

An Expert asked why tuberculosis was a wide-spread problem? She also
noted that children were not immunized from all preventable diseases
due to lack of vaccines. What progress had been made on
breastfeeding? Questions were also raised on problems caused by the
transitional nature of Armenia's economy; regulations concerning the
registering of newborns; and how the conflict in Nagorno-Karabagh was
affecting children?

An Expert asked about the efforts made by the Government to improve
the educational system. He said teachers were not well paid; the rate
of dropouts was high; there were still children who never went to
school or attended school only for a few years; and the free primary
compulsory education in fact incurred financial expenses in terms of
school materials.

Speaking on the same subject, another Expert said that there were
about 28,000 teachers who were retiring without being replaced, which
was an additional concern with regard to the educational system.
Other Experts also asked, among other things, about the high rate of
school absenteeism; violence against children; the provision of
alimony by absentee fathers; and whether training was provided for
health care personnel on the rights of the child.

Responding, the delegation said that for the past few years, the
Government had been making efforts to build and refurbish theatres
and recreation centres for children. The measures were first
implemented in the cities and later they were extended to other
regions. The World Bank was participating in the educational system
of Armenia by providing computers.

Concerning adoptions, the delegation said that the law on adoptions
had been amended last year to bring it in line with the Hague
Convention on the Protection of Children and Co-operation in Respect
of Intercountry Adoption (the Hague Adoption Convention). In the
past, adoption was allowed only within the country. Children could
express their opinions at the time of their adoption if they were old
enough.

School attendance had fallen sharply in Armenia in recent years, the
delegation said. With regard to the shortage of teachers, the
Government was planning to double their salaries within the coming
two years to entice them to stay in the profession and to recruit new
teachers. In many cases, teachers received low salaries and they were
not paid regularly. The fact that some teachers were retiring from
their profession did not imply a reduction in the quality of
education. The Government would continue to give primary importance
to education.

Only 10 per cent of new births were not registered last year because
parents did not have national passports, the delegation said.
Pregnant women were told in advance to prepare their national
passports to facilitate the registration of their newborns. The
problem had been reduced during the last few years because most
Armenians possessed national passports.

Although tuberculosis continued to affect people in the country, the
disease affected children to a lesser degree, the delegation said.
Cases of meningitis had been detected among children due to the lack
of a preventive vaccination against the disease.

Since the conflict over Nagorno-Karabagh had obliged people to flee
the area, many children had been born to parents who had taken refuge
in Armenia, the delegation said. The earthquake that hit the county
had also left a negative effect on the conditions of children in the
region.

Committee Experts further queried the delegation on such issues as
drug abuse; the increase in the number of prostitutes; the age for
criminal responsibility for children who committed serious crimes;
the use of extra-curricular activities and the inculcation of
patriotism; the enforced recruitment of Azerbaijani children into the
Armenian army; the loss of citizenship after 14 years of age for
certain categories of children; absence of juvenile courts in some
areas; and the fate of street children taken to reception centres.

Responding, the delegation said that children were not called up to
serve in the army before the age of 18 years. The delegation noted
that there might have been cases where children below the age of 18
were called up before 1994 when the conflict with Azerbaijan was
sparked over the Nagorno-Karabagh issue.

There were about 336,000 refugees in Armenia coming from Azerbaijan,
the delegation said. While many of them had obtained Armenian
nationality, the situation of others had not yet been resolved, and
some of them had migrated to other countries.

Armenia had put a series of laws in place to fight trafficking in
persons and to repress the offenders. Acts of trafficking had been
made criminal offences and the perpetrators had been brought to
justice.

On the issue of abandoned children, the delegation said that the
problem emerged in the 1990s when many children began working or
begging on the streets. The problem had been tackled, thanks to the
measures taken by the Government and NGOs to rehabilitate the
children by providing them with vocational training or by
reintegrating them into their families.

On crimes by minors, the delegation said that in 2000, minors had
committed 64 serious crimes, while in 2003 only 27 serious crimes had
been committed. At the minors detention centre, there were only 10
children serving sentences.

The police fought drug addiction and prostitution systematically, the
delegation said.


Preliminary Concluding Remarks

JOYCE ALUOCH, the Committee Expert who served as country rapporteur
to the report of Armenia, said that although the State party had
ratified the European Social Chapter, the country had no policy on
trafficking in women and children. She recommended that the State
party take further action that would enable it to ratify the two
Optional Protocols to the Convention on the sale of children, child
prostitution and child pornography, and on children in armed
conflicts. She also encouraged the State party to ratify ILO
Conventions 182 and 138 without waiting for the adoption of the new
labour law. A timeframe was necessary for the adoption of the two
Conventions. The creation of the data bank for children was a good
move, as was the adoption of the law on the setting up of the office
of the Ombudsman. The Ombudsman to be appointed should not be
subordinate to either the parliament or the Government.





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