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Summary: On Friday 27 May, the Commitee examined the
second periodic report of Nicaragua. This
summary highlights the main issues discussed
by the government delegation and members
of the Committee; it is produced by the NGO
Group for the Convention on the Rights of the
Child.
Nicaragua ratified the Convention on the Rights of the Child (CRC) in 1990,
the Optional Protocol (OP) on the sale of children, child prostitution, and
child pornography in 2004, and the OP on the involvement of children in
armed conflict in 2005. The Committee on the Rights of the Child (the
Committee) met with State Party representatives on 28 May 2005 to
consider Nicaragua’s third periodic report on the implementation of the CRC.
Opening Comments
The Head of the Delegation Ms. Licenciada Amalia Frech began by stating
that the report was the result of the participation between civil society and
the four branches of the Government. The report referred to the
Committee’s previous concluding observations and provided an
explanation about the national context of the CRC. Ms. Frech noted there
were obstacles, but the State’s intention was to meet its obligations with
the CRC.
Mr. Liwiski and Mr. Pollar, the Country Rapporteurs, noted that Nicaragua
was a country with a rich history, suffering colonisation and dictatorships,
which led to a violation of rights. There was, however, a spirit of
participation in the report. They asked about the experience of the
National Council for the Comprehensive Care and Protection of Children
and Young Persons (CONAPINA) in developing the report. The Country
Rapporteurs noted the ethnic diversity of Nicaragua, and also the 5.2
million children under 17. With structural poverty, inequalities in civil society
and between regions, as well as natural disasters (e.g. Hurricane Mitch),
the lack of resources to implement the CRC was a particular concern.
Legislation
The Committee acknowledged that many legislations and ratifications had
taken place. They asked if there had been any judicial decisions relative to
the CRC and declared a need for domestic laws to be harmonized with the
CRC. The Delegation indicated that many unrelated laws were being
reformed, as the civil code was over one hundred years old.
Budget
The Committee asked for clarifications about the budget and if allocations
were proportionate to children’s problems. They also wanted to know if
decentralization created a reduction on the CRC implementation. Of great
concern was the external debt and inequalities of wealth. The Committee
asked the Government about the potential effects of the Free Trade
Agreements (FTA) on children and intellectual property (e.g. medicine). It
also wanted to know about the financial components for the National
Action Plan (NPA) and the real percentage allocated to children’s affairs
and whether the Committee’s recommendations from the second report
were included in the plan.
The Delegation indicated that the Millennium Development Goals (MDGs)
were part of the NPA. The general budget had increased and additional
programmes focused on social expenditure that primarily benefited the
poor. The Delegation acknowledged the move towards liberalisation and
the strengthening of economic activity with the US. The Government
involved the health sector, pharmaceutical companies and NGOs in the
negotiations. It did not have exact information on the investments for
children, as each Ministry carried out its own investments. They offered to
send this information at a later date.
Data Collection
The Committee noted that an information system on children was
developed in 2005. It asked if there were sufficient resources and the
organization responsible for coordinating all the Government information.
The Committee also asked about the development of the report and was
told that it was developed with the civil society, most NGOs working on
human rights at national level, children, physicians, teachers and
CONAPINA.
Definition of the Child
The Committee was concerned about the lack of compliance to the CRC in
terms of age in areas of compulsory education (ending at six) and the
discrepancy for marriage for boys and girls. The Delegation acknowledged
the lack of full implementation and stated that these adjustments would be
implemented.
Child Protection
The Committee requested additional information on the Procurator or
Ombudsman and their levels of independence. The Delegation said that
the Procurator and Ombudsman was the same person. There was also a
special Procurator for children, one for ethnic groups, one for women and
soon there would be a Procurator for people with disabilities. The State
worked closely and cooperated with the Procurator for children and UNICEF
to establish campaigns of awareness and non-discrimination.
The Committee asked if members of the community and professionals were
obliged to report abuse. They asked about the ‘surveillance of injuries’
project and whether it was available in all hospitals. They also
recommended setting up a hotline to see how many children were abused
or mistreated. The Delegation confirmed everyone had to report abuses
and there were penalties for not reporting. They had previously considered
a hotline but were unable to set it up for financial reasons.
Child Labour
The Delegation indicated that an international organization against child
labour and an association of employed children were involved in
programmes for the eradication of child labour. They acknowledged the
persistence of the problems.
Child Participation
The Committee asked about the measures used to raise awareness of
families and professionals about the participation of children and how
children’s views were taken into consideration both in practice and in
legislative work.
The Delegation responded that local Governments and municipalities
worked with CONAPINA using the charter on the rights of children and
young people. A boy and a girl were part of the council. They were able to
speak and vote in all the processes.
Land Mines
The Committee was interested in the State’s actions in relation to the
76,000 landmines in Nicaragua. It had eliminated the stockpile and cleared
the frontier of mines. Mines were left in the North and the Caribbean.
Manuals were written in the Mosquito language and the mined areas were
marked. Complete de-mining was planned for 2006.
Discrimination
The Committee acknowledged that all forms of discrimination were
prohibited. However, discrimination still occurred. The health and education
services for indigenous children and disabled children were insufficient.
Discrimination and violence against women were serious concerns, due to
the high number of women headed households. The Committee queried
whether the standard of dual nationality was extended to the stateless,
asylum seekers or refugees. They also asked if the African Caribbean and
Mosquito groups had the same potential to fulfil their rights as others and
how they were made aware of their rights. They also wanted to know
about the services available to children of migrants.
The Delegation acknowledged the lack of resources. Although there were
certain programmes, they did not ensure full coverage. They were working
to improve education, but still had problems with health. An important part
of social policy was to strengthen the Atlantic Coast. There was a recent
announcement about drinking water and health care. The Ministry of Family
Affairs was implementing special services for immigrant children in
collaboration with Costa Rica.
Juvenile Justice
The Committee noted the lack of courts for juveniles and the absence of
joint endeavours between social services, courts and police. They asked if
there were plans to open a specialized centre for juveniles in accordance
with the code. The Delegation said that there was a centre for pre-trial for
up to a three-month stay and another one for longer sentences. They had
14 Judges that only dealt with Juvenile matters.
The national police was aware of the code and part of the council. It also
had a handbook to follow. The Delegation emphasised that there were no
Maras (violent gangs that are found in Central America) in Nicaragua, but
there were other less violent gangs.
Adoption
The Committee asked whether the Hague Convention had been adopted.
The Delegation stated that Nicaragua had not ratified this Convention.
They intended to look into it once the new Adoption Act entered into force.
Birth Registration
The Committee enquired about services to ensure the registration of all
children. The Delegation indicated that 50% of children were born in
hospitals. Mayor’s offices register children born outside hospitals by visiting
the communities. There were no legal provisions to fine those who fail to
register on time. If a child had not been registered after one year, it could
be done through a judicial procedure. The Delegation noted that there
were still children who were illegal as they were unregistered.
Health
The Committee enquired about measures to prevent suicide. The
Delegation indicated that the suicide rate of young people was down to 60
cases, thanks to the implementation of a programme carried out in two
municipalities. In 2005, there were plans to train staff to recognise the
disorders that lead to suicide. The Delegation noted the lack of specialised
staff, especially psychologists.
The Committee asked about the measures taken to prevent HIV/AIDS and
its concern about border and port areas. The Delegation responded that
there was a strategic plan to reduce AIDS in the whole country, with an
emphasis on ports, boarder areas and youth clubs throughout the country.
Disabled Children
The Committee asked about the percentage of children with disabilities
receiving support and their types of disabilities. It also asked about the
teaching preparations to deal with disabled children. The Delegation
indicated that there was no specific budget for disabilities. Children were
integrated in normal schools using community-based rehabilitation and
temporary care centres. Those with sever disabilities went to other
schools. Over 800 teachers were trained to focus on children with
disabilities.
Education
The Committee welcomed efforts in education but noted that the budget
was 1/5 of what other Caribbean and Latin States spend. It asked about
plans for Early Childhood Education. The Committee suggested that the
State prioritise free teacher training and prohibit hidden education costs. It
was also interested in the reasons for the inability to overcome regional
disparities. They also asked for data on secondary education and children
who graduated at 17.
The Delegation confirmed that 80,000 children were outside the school
system and stated that efforts were being made to increase their
participation. There was an integrated programme for school nutrition, as
well as school bags and scholarships. The Delegation noted that
completion rates were improving in primary education because
of “education for life” which combined studies and employment. Due to
budget limitations teachers were only paid 73% of the basic national
wage, although there were incentive programmes. The Delegation
indicated that basic education (primary education) was free.
The Committee enquired about vocational training. The Delegation
responded that there was a National Technology School which was being
reformed so the programme would be relevant to modern issues.
The Committee generated discussion about reproductive rights education
and a manual to addressed sexual education. However, it was not allowed
because it focused on sexual rights. The Delegation reported that there
were complaints that the criteria were controversial and some felt parts of
society were not included. It was being rewritten and the Ministry of
Education was overseeing it.
Concluding Remarks
The Country Rapporteurs thanked the delegation for responding to the
questions, the participatory report and the good data. They encouraged
the State to publicise the discussions and comments and maintain links for
further information on the welfare of children. The Rapporteurs emphasised
a need for a better budget for children’s issues and recognised the
disparities especially in the Caribbean area. They cautioned that strategic
plans and FTAs should not harm, but rather improve the lives of vulnerable
groups.
The Head of the Delegation thanked the Committee and stated that each
question was important for identifying actions that could lead to change.
She noted that they worked on behalf of children regardless of ethnicity or
race and would inform the President of the process. He had insisted the
Delegation be transparent in its presentation.