UNITED NATIONS Press Release -------------------------------------------------------------------- xxxxxxxxxxCOMMITTEE ON RIGHTS OF CHILD CONSIDERS SECOND PERIODIC REPORT OF EL SALVADOR xxxxxxxxxx Committee on the Rights of the Child 18 May 2004 The Committee on the Rights of the Child today considered the second periodic report of El Salvador on that country's efforts to implement the provisions of the Convention on the Rights of the Child. Introducing the report, Marisol Argueta de Barillas, Adviser at the Ministry of External Affairs, said that major activities had been undertaken since the last report in terms of children in connection with the Convention and noted that several administrative measures had been put into practice with regard to the rights of the child, including awareness raising measures. The Juvenile Criminal Advocacy Department was recently established to look into alternative methods of punishment for minors, among other things. In 2003, a national action plan was developed for the benefit of children and adolescents, which would be in effect until 2004. Committee Experts raised questions concerning child disappearances, education, health care, juvenile offenders, adoption methods, indigenous children, birth registration and landmines, among other things. In preliminary remarks, Committee Expert Norberto Liwski who served as country Rapporteur to the report of El Salvador said there was concern over the budget for children in general and called for the code on children and adolescents to be adopted to bring an end to the dialogue which was currently ongoing in El Salvador. The Rapporteur urged the State to extend to the new authorities the Committee's hope that the discussion would produce ideas to ensure that the involvement of all sectors, including civil society, would come together for the benefit of the children of El Salvador. The Committee will release its formal, written concluding observations and recommendations on the report of El Salvador before the end of its three-week session which will conclude on Friday, 4 June. El Salvador sent a 12-person high-level delegation representing the Ministry of Public Health and Social Assistance, Ministry of Education, Ministry of Labour and Social Planning, the Institute for the Development of the Child and Adolescent, the Supreme Court of Justice, the National Secretariat of the Family, the Ministry of Legal Affairs, and the Ministry of External Relations to answer the Committee's questions over two meetings. As one of the 192 States parties to the Convention, El Salvador is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. When the Committee meets at 10 a.m. on Wednesday, 19 May, it is scheduled to take up the initial report of Panama (CRC/C/70/Add.20). Report of El Salvador The second periodic report of El Salvador (CRC/C/65/Add.25) highlights the steps taken by the State party to implement the Convention on the Rights of the Child on an article-by-article basis. Following its ratification of the Convention, El Salvador initiated a major review of domestic laws dealing with children and adolescents, chiefly in order to ensure the integrated protection of the rights of the child. Far-reaching judicial measures have been introduced in recent years, including the establishment of new national courts with competence in this regard. During the period covered by this report, a number of important institutions have also been established whose mandate and functions are directly related to the promotion and protection of the rights of the child. The report notes that the infant mortality rate in El Salvador has declined over the past ten years. The estimated rate for the period 1993-1998 was 35 per thousand live births and 43 per thousand for children under 5 years of age. Moreover, the provision of medical care in the country has improved in line with the development of primary health care and the number of full child health check-ups has also been rising. According to the data available in 1998, growth and development check-ups were undertaken in respect of all but 10 per cent of live births. Steps are currently being taken to ensure the continuation of a series of programmes that offer a wider range of educational opportunities such as the Community Participation in Education Programme (EDUCO) which provides educational services for infants to ninth-grade pupils and operates in the country's rural areas. Refugee children in El Salvador are the children of Nicaraguan refugees who arrived in El Salvador during the 1980s. The Welfare Programme for the Frente Farabundo Marti' para la Liberacio'n Nacional (FMLN) Children was adopted to facilitate the educational reintegration and technical training of minors demobilized from the FMLN, aged between 15 and 16 in January 1992, who had not had access to the Land Programme under the Supplementary Agreement between the Government of El Salvador and the FMLN. With regard to children who disappeared as a result of the armed conflict, by 1996, a total of 323 children had been recorded as having disappeared as a result of the armed conflict. Of the 29 children who had been traced, 22 had been reunited with their families. Introductory Statement MARISOL ARGUETA DE BARILLAS, Adviser at the Ministry of External Affairs of El Salvador, recalled that it had been 12 years since the signing of the peace agreement in El Salvador, noting that the country had since then moved forward to build a peaceful society recognizing human rights and the rule of law. Major activities had been undertaken since the last report in terms of children in connection with the Convention. The Family Code came into force in 1994 which defined a minor as a person less than 18 years. El Salvador incorporated all general principles in connection with the rights of the child in terms of their development. The principle of non-discrimination had been developed in El Salvador as well. The State provided special protection to minors whose rights had been violated and to those with disabilities. Family legislation in El Salvador regulated equal participation for both boys and girls in social activities. El Salvador had recently ratified a number of international conventions aimed at the protection of the rights of the child, including the Hague Convention on the Civil Aspects of International Child Abduction and the second optional protocol to the Convention on the Rights of the Child on the sale of children, child pornography and child prostitution, which was ratified last week. There had also been several reforms and measures taken with regard to adoption and domestic violence, she added. Ms. de Barillas recalled that several administrative measures had been put into practice with regard to the rights of the child, including awareness raising measures. The Juvenile Criminal Advocacy Department was recently established to look into alternative methods of punishment for minors, among other things. In 2003, a national action plan was developed for the benefit of children and adolescents which would be in effect until 2004. In general, there were several efforts being made to strengthen legislation and action to ensure the protection of children. Ms. de Barillas noted the steps taken by her country with regard to the reduction of the time that children were separated from their parents, psycho-social aspects of children and the settlement of disputes over care and protection of children. Since 1999, mechanisms had been set up to deal with the problem of child disappearances and a search commission was currently being considered. Seven hundred and three cases of children had been registered of which 256 had been solved. The public health system had been modernized to address the needs of children in particular, Ms. de Barillas said. A social consultation committee had been established to provide medical assistance to children and minors; infant mortality had declined in recent years, malnutrition, maternal mortality, cases of polio, measles, tetanus, malaria and tuberculosis, among other diseases, had all been declining. Responses to the HIV/AIDS epidemic had also been strengthened to support those living with the disease; the Government had made anti-retroviral drugs available to all pregnant women. The delegate said education centres had been rebuilt after the devastation left by hurricane Mitch. Vocational training had been put in practice in recent years and progress had been made with access to schools, in general; access to primary education had been increased by 18 per cent, for example. Moreover, there had been a reduction in the illiteracy rate as well. The Community Participation in Education Programme (EDUCO) and the "Healthy Schools" programme had also been established to support the education of children and adolescents. Questions by Committee Experts NORBERTO LIWSKI, the Committee Expert who served as Rapporteur to the report of El Salvador, mentioned that there was not sufficient data in the report concerning the indigenous people who made up some 10 per cent of El Salvador's population. He also noted the disparities between rural and urban areas. The average schooling in urban areas was said to be 6.9 per cent per grade versus 3.5 per cent in rural areas; the average income in urban areas was $ 545 and $ 233 dollars in rural areas; 11 per cent of the population was malnourished in urban areas whereas 25.6 per cent were malnourished in rural areas. The Rapporteur noted as positive steps the ratification of the optional protocol to the Convention on the Rights of the Child on the sale of children, child pornography and child prostitution and the Family Code. He asked why El Salvador had not yet acceded to the Inter-American Convention on Forced Disappearances given that more than 75,000 El Salvadorans were victims of the conflict which took place in the country, many of whom were boys and girls. Moreover, in recent years El Salvador had undergone natural disasters which had led to social and economic difficulties. The Rapporteur recalled the recent presidential elections in El Salvador which constituted a consolidation of the democratic system and created new expectations. As per definition of the child, there were some inconsistencies in the data given about ages, circumstances and categories and he asked for clarification, in particular with education and employment. In accordance with the Labour Code, the age of 12 had been noted for the minimum age for the entry into employment, which contradicted the Constitution; moreover, there were discrepancies with regard to age of criminal responsibility. Mr. Liwski said it was necessary to look at new laws with an in-depth analysis, including the Anti Gang Act of 2003, which, according to the Constitutional Court of El Salvador, was unconstitutional. There was a clarification needed with regard to gang members. Minors between 12 and 18 were often called upon to commit offences. When the Act entered into force about a year and a half ago, some 6,000 cases had been associated with it of which only 5 per cent had been tried. The Rapporteur asked whether the dialogue had been sufficient with regard to the debate on this Law and others which aimed to bring them in line with the Convention on the Rights of the Child and whether there were guarantees for coordination between the various departments in El Salvador and within the Government in that regard. Mr. Liwski asked whether the national Plan of Action involved a comprehensive plan for addressing the needs of children and adolescents and, in general, what the national policy for the overall protection of children and adolescents was. Another Expert asked why it had taken the Government so long to adopt the proposed Code on Children and Adolescents and if the Ministry of Education was the only education provider in the country or if there was a private sector or other providers of education. The Expert also asked whether the Government had ensured access of free medicine to children, particularly with regard to HIV/AIDS treatment. Other Committee Experts asked questions pertaining to the legal criminal age in El Salvador; the family court system in El Salvador; training for judges; the role of the social worker; street children; poverty; the effects of post-war on children; the role of the prosecutor in cases involving children; indigenous people and children born out of wedlock. A Committee Member asked whether there were offices at the local level where children were able to go to file complaints of abuse. Moreover, how closely did the Government work with the police given that police were often the cause of offences committed against children and also how closely it worked with non-governmental-organizations in that regard. An Expert asked whether the Government had given thought to training security forces on human rights practices given their large number, nearly double that of the police force. He asked if the Government felt the Office of the Deputy Procurator for the Rights of the Child had enough resources to carry out its mandate and for information on the Government's plan to strengthen the Office. Another Expert recalled that there were still problems with human rights abuses in El Salvador and asked what was being done in that respect, and in particular what had been done in the last 12 years with regard to children since the armed conflict ended. Response of Delegation Responding to questions raised, the delegation said there was a provision in the law which allowed a child under 14 to work under very extreme circumstances where that work was the only source of livelihood for the family, provided that it did not harm their health. Concerning the reduced budget for child programmes, the delegation noted that the number of children placed in institutions had been reduced significantly, therefore the budget had been re-allocated. The national civil police was part of the Ministry of Interior which had set up a special unit for children and families as well as several institutions available to children in cases of appeal and for their protection and advancement. Moreover, there were some 250 non-governmental organizations working in El Salvador for the advancement and protection of children. The delegation noted that since 1992 there had been a process of adapting domestic legislation to the principles of the Convention. With regard to reproductive rights and the right to information on reproductive health and reproductive rights, the delegation noted that the issue was being explained to religious sectors to express how important it was to explain these matters to young people, especially with regard to sexually transmitted diseases, pregnancies and sexual abuse. According to recent statistics, the delegation noted that 74 per cent of the population in El Salvador said they considered themselves to be the victims of gangs. The Anti-Gang Law allowed for educational remedies and methods to improve security in the community. The delegation added that the Law was temporary - the first was put into practice for 180 days and the second for 90 days - and made sure that children were not charged as adults. The delegation agreed that there were more security forces than police and said measures had been taken to ensure that human rights training was given to these private security forces. An Expert asked whether the Government was taking steps to remedy the situation of unregistered births given that some 10 per cent of children born were not registered. With regard to disappearances, an Expert asked what measures were being taken to assist families with reunifications and reparations in particular and whether there was an explanation for the increase in the number of foreign adoptions and what the procedures for the adoption process were in general. In response, the delegation said all family courts in El Salvador had the support of a multi-disciplinary team composed of a psychologists and social workers, among others. There were mandates for judges to deal with street children and all judges in El Salvador were trained to deal with juvenile matters. There was a civil chamber that dealt with family matters, in particular. In El Salvador since the entry into force of the Convention, the family court judge was obliged to apply the practice of the best interest of the child in all relevant cases. The Government had been coordinating with the International Labour Organization to address the problem of child labour. In response to a question, the delegation said children were not employed in the textile industry. Minors who were not able to continue their studies were cared for by way of centres dealing with specific training so as to engage them in society. On the cases of disappeared children, the delegation said that in 1999 the Procurator's Board was established. It was made up of non-governmental organizations (NGOs) and Government institutions; the NGO's included Pro-Busquada which dealt specifically with the issue of disappeared children. What was sought was social cohesion to identify these children and to bring families together. To that end it had been concluded that the time was right to enact a law to deal with these specific matters, therefore it was decided that a commission be established for that purpose. More than 700 missing children had been identified by Pro-Busquada. Furthermore, the Foreign Ministry had hired an independent expert on the issue of disappeared children. The delegation noted that the investigative process was sometimes hampered by the absence of evidence given the fact that many of theses cases dated back to 15 years or more. In response to the question on adoptions, the delegation noted that there was not a significant increase in the number of foreign adoptions; in 2001, there was a record of 40 such adoptions. The General Procurator's Office had a direct relationship with adoption agencies involved to improve the transparency of these procedures. Children who were adopted from El Salvador went primarily to the United States, Spain and Italy. The number of adoptions was comparatively small compared to neighbouring countries and the number of national adoptions versus foreign adoptions was practically equal, the delegation stated. Despite the difficult economic situation facing El Salvador, the number of adoptions was small. Foreign adoptions were discouraged in general. Concerning the right to life, the El Salvadoran Constitution applied that all life was protected at the moment of conception. Concerning the registration of children, in El Salvador there had been campaigns to improve the registration of newborns in municipalities and there had been cooperation with local mayors' offices as a means of encouraging local governments to register all civilians. Concerning indigenous people in general, the delegation noted that there were 6 per cent to 10 per cent indigenous people in El Salvador, adding that it was worrying that there were no statistics on indigenous people. A Committee member said 90 per cent of the population was mestizo which meant that 90 per cent of the population had indigenous background. Among the different programmes in El Salvador was one for children coming from dysfunctional families. On average there were around 10 to 13 children a month who were totally abandoned. National institutions, such as the centre for the advancement of women were carrying out programmes to strengthen families and centred on respecting the life of children in general. As a result of the war, many children today came from single parent families. In response to a question, the delegation said last year there were 3,750 children who were admitted to institutions dealing with ill-treatment compared to the more than 6,000 cases the year before which reflected an improvement in the situation in general. This was largely due to the awareness raising campaigns instituted by the Government, the delegation added. Moreover, psycho-social treatment was made available for both parents and children who were involved in cases of ill-treatment and punishment was applicable in such cases. In response to a question on education, the delegation noted that the budget for education for 1999 was $ 317 million whereas in 2004 it was allocated $ 423 million. Considerable efforts had been made to optimize donations and loans to ensure that education was maximized and to encourage children to stay in the education system longer. In response to a question on education in rural areas, the delegation noted that it was unlikely that children would not go to school because of distances; schools were located no more than two kilometres from residential communities. The net rate of school attendance at present was 88 per cent. Measures were also being made to promote distance learning for those children who could not attend classes and there was also technical education to develop labour skills, among others. Pre-school education was also being enhanced in all areas. Concerning mental health, the delegation stated that specialized staff had been trained to deal with the most urgent problems as a result of trauma caused by the hurricane which devastated the country and also the armed conflict. Moreover, peer counselling and early detection methods were put into practice to remedy certain mental illnesses. Concerning HIV/AIDS, anti-retroviral treatment was covered under the free trade agreement in that prices for these drugs had been negotiated with pharmaceutical companies in the region resulting in the reduction of prices of such drugs. The number of AIDS orphans in-country was 30 who had been receiving treatment by State-run institutions; another 73 children with AIDS were undergoing treatment at home with their parents. In response to a question, the delegation said nutritional and agricultural practices had been implemented to address nutritional needs. Major efforts had been made to support breastfeeding in El Salvador and hospitals had been promoting this practice. Concerning a question on landmines, the delegation said there were 216 children with disabilities as the result of accidents with landmines who were being treated in specialized centres; another 125 boys and girls were being treated in a second home for children with disabilities. The delegation noted that although their anti-personnel programme had been closed, El Salvador was now in a position to assist other countries given the expertise it had gained. The delegation indicated that the Anti-Gang Law dictated that children under 18 could not be brought before the court and the majority of offences committed by children under 18 dealt with property issues. Some 180 children between 5 and 17 years of age were living in the streets. To deal with this issue, the State had established a special home; as a result many of these children had been reunited with their families and others were undergoing treatment and care. Preliminary Remarks NORBERTO LIWSKI, the Committee Expert who served as country Rapporteur to the report of El Salvador, said in preliminary remarks that there was concern over the budget for children in general and called for the code on children and adolescents to be adopted to bring an end to the dialogue which was currently ongoing in El Salvador. With regard to criminal legislation, it was hoped that resources would be made available to make best use of civil society and to coordinate with it. Among other things, it was important to increase the practical operational measures to increase registration at birth; local administrations must remove taxes for registering births. Concerning indigenous children, greater recognition should be given to their circumstances. The Rapporteur urged the State to extend to the new authorities the Committee's hope that the discussion would produce ideas to ensure that the involvement of all sectors, including civil society, would come together for the benefit of the children of El Salvador. * *** * -- The "child-rights" mailing list provides information on issues related to children's human rights. Archives of "child-rights" messages, as well as instructions on how to (un)subscribe to the list, can be found at: http://www.hrea.org/lists/child-rights/markup/maillist.php
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