East Asia and Pacific
CRC Session 32, January 2003 - Asian Indigenous & Tribal Peoples Network - English
www.crin.org/docs/resources/treaties/crc.32/vietnam_indigenous_ngo_report.pdf
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Refoulement and alleged execution of ethnic minority children
Dien Y Lien, 38 an seven of his family members fled to Cambodia in March 2001 from their home in Kong Dieng village in Viet Nam's Dak Lak province after threats of arrest from authorities there following the protests on 6 February 2001 in the Central Highlands.
In an interview to the press in Mondolkiri province of Cambodia on 18 April 2001, he said he was in no danger. But on 8 May 2001 morning six men identified by local sources as Cambodian police and district officials arrived with a truck, loaded Dien Y Lien, his wife Maria Nam Linh, 33, and five children - four girls and a boy - aboard it and disappeared. They have not been seen since.
Both the UN High Commissioner for Refugees and the Office of the High Commissioner for Human Rights in Phnom Penh knew of the family's presence in the province. About 10 days before they were kidnapped the UNHCR gave the family UN protection documents. They also gave a Mondolkiri deputy governor a copy of the protection document and the general whereabouts of the family in the hope that they would be better protected.
Sources in Mondolkiri province said they believe the seven were driven the 35-km journey to the Dak Dam border crossing with Viet Nam and deposited into the hands of waiting Vietnamese officials.
Montagnard sources and provincial officials have confirmed that a bounty was being offered by Vietnamese officials for each Montagnard refugee sent back from Cambodia.
The family of Dien Y Lien were allegedly executed on their repatriation. The Vietnam government has failed to provide information about the alleged execution of Mr Dien Y Lien along with his family members.
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Poverty is the single most important obstacle for realization of the rights of the children in Vietnam. Indigenous peoples are the poorest in Vietnam and their children are worst affected.
The World Bank acknowledged “significant regional disparities in the incidence of poverty. The North Central region is by far the poorest, with a poverty incidence of 71 per cent, followed by the Northern Highlands region with 59 per cent. These two regions account for about 40 per cent of all the poor in Viet Nam though they are inhabited by just 29 per cent of the population…”
The World Bank further confirmed, “Ethnicity is also an important factor in the distribution of poverty. Ethnic minorities have a much higher incidence of poverty than the national average, ranging from 66 per cent among the Tay to 100 per cent among the H’mong (cited in World Bank, 1999). Similarly, ethnic minorities have higher crude death rates and infant mortality rates and lower life expectancies than the Kinh
majority.”
A World Bank assessment of poverty in Vietnam found that by number of people in 1993 the poor made up 54% of the Kinh and 86% of ethnic minority groups. In 1998, the poor made up 31% of the Kinh and 75% of ethnic minority groups.
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8. Education:
The UNICEF and government of Vietnam sponsored study23 is once again instructive about the problems of the indigenous children with right to education. The study states “the rate of children who never go to school: Dac Me: 71.16%, Son Thuong: 31.8%, Sang Tung: 17%, Chieng Mai: 15%, Ta Hoc: 11.85%, Krong Puc: 5%”.
On school dropout rates of the ethnic minority children, the study further states:
School dropout among ethnic minority pupils has become something like a predestined fate. After initial enthusiasm, numerous obstacles prevent these children from continuing their education as they and their parents wish.
According to a report from World Bank, in 1999, primary school enrolment of the Tay was 94.7%; of the Thai was 83.9%; Khmer: 76.3%; H'mong: 41.5% and Bana: 57.8%. At lower secondary school, the rates are as follows: Tay: 51.0%; Thai: 32.1%; Khmer: 22.5%; H'mong: 4.5% and Bana: 8.9%.
Dropout at primary school over the last few years: in some classes of the Brau minority children: 100%, Cham 50%- 80%, H'Mong 26%, Kho Mu 10%, Khmer 10%, Black Thai 4%, Ede and Bana 2%.
UNICEF in Vietnam identified the time honoured practice of charging children as one of receiving education and high drop outs. Despite the fact that the Vietnamese Constitution provides that primary education is free of charge, and although Article 92 of the Education Law specifically states that "pupils of primary education at primary schools shall not have to pay school fees," the practice of teachers requiring their students to pay monthly fees to attend classes continues unabated. Many Ethnic Minority families have difficulty providing their children with the basic necessities, and when "contributions" are requested by their children’s teachers, many families who are unable to pay the fee simply withdraw their children from school.
YEMEN
Middle East and North Africa
CRC Session 39, May June 2005
National NGOs Republic of Yemen Yemen National NGOs Coalition
http://www.crin.org/docs/resources/treaties/crc.39/Yemen_ngo_report(E).pdf
There was no direct information about violence in this report.
ZAMBIA (Republic of)
Eastern and Southern Africa
CRC Session 33, 19 May - 6 June 2003
Children in Need Network - Zambia – English
www.crin.org/docs/resources/treaties/crc.33/Zambia_ngo_report.pdf
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The Act does not expressly spell out where juvenile offenders should be kept. In a lot of instances juvenile offenders are kept in the same cells as adult offenders.
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Whereas the penal code (Chapter 87) criminalizes any carnal knowledge of a girl under the age of 16 years, customary law allows marriage with the consent of parent or guardian for a girl of 14 years.
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Zambia’s “strong and functional” extended family system is crumbling and it is evident that this has implications on general household level child welfare. subsequently, there has been a drastic increase in the number of street children in most urban centers.
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A lot of complaints of torture and degrading treatment at Police Stations as well as on the street have been documented.( YWCA, Zambian Children New Life Centre and Victims Support Unit).
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Contrary to what has been suggested, the government is undoubtedly aware of reports of cases of Zambian children who have been taken outside Zambian borders by their alien fathers and not returned.
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The Juvenile Centres at which child suspects can be held are inconveniently positioned and serve little purpose especially in cases of on-going trails. In a number of instances, young children have been detained with their mothers in inappropriate prisons and police cells.
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Children continue to be held in the same cells and remand persons with adults regardless of whether they are jointly charged or not. It is only prudent that government should provide an exception to the law by allowing bail for child remandees until such time those convenient centres are built for the purpose of accommodating child remandees.
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Reformatories and approved schools are currently run by the prisons system. No proper co-ordination exists therefore between prisons authorities and ministries involved in the area of welfare of the child.
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Government supervised customary law courts continue to handle cases of sexual abuse of children as civil ones, when the Penal Code (Chapter 87) criminalizes such cases. For as long as a defiler can pay a fine for his actions once sued to a customary law court, cases of the nature will not abate.
ZIMBABWE
CRC Session 12, May - June 1996
Save the Children UK – English
www.crin.org/docs/resources/treaties/crc.12/Zimbabwe_NGO_Report.pdf
[…]
As a general comment poverty is a cause of child exploitation, inadequate access to educational and health services, poor housing etc.
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Although in law the minimum age for the marriage of boys is 18 and for girls is 16, and below this all marriages must have the parent's consent and the Minister of Justices's approval, in practice the Criminal Law Amendment Act and the Marriages Act are difficult to enforce, and pledging and early marriages are still a very frequent occurrence in some areas.
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While the report recognizes that the issue of "corporal punishment remains controversial", the group feels that there should be strong measures to enforce the current legislation relating to the control of corporal punishment in schools. The group considers that abuse under the guise of legitimate corporal punishment is widespread.
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It was felt that while occasions may arise when it is in the best interests of the child to be removed from the family into a place of safety, state alternative care does not provide the range of facilities that allow appropriate forms of treatment, rehabilitation and counselling for the different needs of such children. This is because insufficient resources are made available to provide the full range of provision.
[…]
The issue of how Zimbabweans see the issue of Children's Rights is critical - (see attached paper by Loewenson and Chikamba section marked *A, and also above comments on Respect of Views of the Child).
The laws in relation to child sexual abuse are covered in the GOZ Report in a relatively superficial manner (see *B in the Loewenson and Chikamba paper) and recommendations on action to take in this respect have been presented by the "Child in Law Project" (see *C in the same paper).
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"Presently the maximum period a child can be permitted to remain in an institution, or a home without court review is three years." GOZ is attempting to amend this maximum period to two years. The commendable work being done by staff in the Department of Social Welfare sometimes under difficult circumstances is noted. However if due to the shortage of staff in the Department three year reviews are currently not carried out regularly how then will a two year maximum be effected? The staff shortage in combination with non-supporting parents and relatives results in this provision not always being easily effected. If Government was willing to utilize the services of NGOs to complement their work this provision might be made realistic. Currently there is no legal channel through which the children themselves can request for review of their situation. Children should have the opportunity to voice their opinion on their current circumstances.
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However no mention is made in Section 4 of the importance of integrated education, and the fact that it should be seen as the most appropriate and main form of provision for the majority of children with special educational needs. Thus comments in this section also refer to Section 4.
In general terms government policies are in place and appropriate. However resources to implement policies are lacking. Basic issues which need to be addressed are:
a. physical access to ordinary schools for physically disabled children;
b. increased availability of education facilities for disabled children;
c. all teachers undergoing formal teacher should be provided with basic skills enabling them to work effectively with disabled children in the ordinary classroom;
d. there should be improved parent support facilities.
The report recognises the importance of the role of NGOs in this sector. The NGO group recognised that full implementation of government policy is an extremely expensive option.
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The Education states that ".... every child in Zimbabwe has a right to primary school education and that no child in Zimbabwe shall be refused admission on any grounds what so ever”. (p. 54) The reality is for many children is different, e.g.:
1. In the commercial farming areas the distribution of schools is such that some farm worker communities are well served and others have no opportunity to send children to school because of distance to be travelled.
2. The need for payment of an education levy excludes children from schools. These levies are determined by the parents themselves, and payment is mandatory.
The use of the word compulsory in "the government's policy of free and compulsory primary education." (p. 58) is questioned because without adequate provision and with the introductionof levies etc compulsory education cannot be enforceable.
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Given the statement that "Rehabilitation activities ensure that children receive appropriate treatment for their recovery and social reintegration" and the admission in the report that "some institutions are staffed by untrained personnel these rehabilitation measures are at time not entirely effective." The group feels that more emphasis in the report should be placed on the value and development of systems of community based care.
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The group feels it is a priority that the GOZ introduces more comprehensive legislation relating to child labour, as recommended by the Government commissioned study, and that this distinguishes between child labour and child exploitation and arrives at acceptable minimum ages for the different forms of employment. The government should commit itself to a time frame for this process. In addition there should be legislation preventing children being present in dangerous working environments such as tobacco barns. The owners of such places should be made responsible for ensuring that children are excluded. We recognise that monitoring activities relevant to this legislation would be difficult to implement. However if the Commercial Farmers Union and other representative bodies were involved in the drafting then some responsibility could be placed with them to ensure supervision of their membership.
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