Submitted by Dhevy Siva on
Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the second Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.
Bhutan - Nineteenth session - 2014
30th April - 2.30pm - 6pm
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National Report
Compilation of UN information
Stakeholder Information
Accepted and rejected recommendations
10. Reaffirming Bhutan’s continued commitment towards promoting and protecting human rights, a number of important legislations were passed by the Parliament during the reporting period: (Recommendation 21 and 22) [...]
(e) Child Adoption Act of Bhutan 2012; [...]
(g) The Child Care and Protection Act of Bhutan 2011.
11. The two houses of Parliament, the National Assembly and the National Council, constituted 17 committees such as the [...] Women, Children and Gender Issues Committee.
16. The Bhutan National Legal Institute was established in 2011 to provide continuing legal education to judicial personnel and others involved in the administration of justice. [...] Woman and Child rights have also been integrated into ADR trainings to create awareness locally and empower them to make use of the process. (Recommendation 88)
18. The NCWC is an autonomous agency which coordinates all policies and activities related to protection and promotion of rights of women and children. NCWC has also addressed other cross cutting human rights issues like violence against women, trafficking in persons, child rights etc. The agency continues to receive the government’s support through technical and financial assistance. A Legal Officer was also appointed in the NCWC in 2012, further strengthening its legal capacity. (Recommendation 10 and 11)
26. Efforts are also being made to continually disseminate information to create greater awareness of the electoral and democratic process by involving all stakeholders. In the run up to the second parliamentary elections and the LG elections, the Election Commission of Bhutan had undertaken various measures including advocacy campaigns to encourage Bhutanese to fully participate in the electoral and democratic process, with special focus on women and youth participation. (Recommendation 57)
27. The ECB has launched “Democracy Clubs” in Schools and institutions and also set up Volunteers for Voter Information, Communication and Education and Network of Bhutanese for a Democratic Bhutan. (Recommendation 57)
34. A significant achievement has been in the area of developing child protection interventions and institutionalizing capacity building on child rights. NCWC with UNICEF has developed a training curriculum on child rights and officials from relevant agencies are regularly trained on child protection including basic case management approaches. Police officers, attorneys, private law practitioners, labour inspectors, local leaders and heads of monastic institutions are being sensitized and trained on CRC, CEDAW, CCPA 2011, child friendly justice procedures and gender related challenges. Local leaders from all 205 gewogs have been trained and sensitized on child rights and protection. This will contribute towards protection of children’s rights at the local level.
35. Over 170 schools principals were oriented on counseling and child protection issues. A training manual for psychosocial support in emergencies has been adapted and shared with youth volunteers and schools counselors. Key agencies like the NCWC, Department of Youth and Sports, Department of Disaster Management, and CSOs like RENEW, ABS were trained as trainers in child protection in emergencies.
36. Over 600 community members, children, policy makers and parliamentarians were sensitized on child rights and protection at the launch of the 2012 State of the World’s Children Report. Over 3000 undergraduate university students and lecturers were sensitized on various national laws including on child protection. Law Clubs have been established in 24 pilot schools covering all 20 districts. These serve as an outreach mechanism for legal awareness and dissemination among children.
41. Encouraging youth to become productive and responsible citizens through educational program has always received high priority from the government. Hence various youth health and development program are provided for both in and out of school youth to enable them to imbibe important moral values and skills. [...] The GNH program is aimed at ensuring justice and equity in the management of schools. Several schools have reported visible improvement in students’ behavior and respect for different culture and tradition. (Recommendation 17)
Right to education (Recommendation 70 and 71)
43. Article 9 (16) of the Constitution states that “The state shall provide free education to all children of school going age to tenth standard and ensure that technical and professional education is made generally available and that higher education is equally accessible to all on the basis of merit”. The draft National Education Policy reinforces the Constitution by assuring that “All Bhutanese children including those with special needs shall have access to a quality basic education (up to grade 10 or equivalent) that is free (in terms of tuition fees and textbooks) and equitable”. The government’s commitment is evident as 24.39 % of the total outlay in the 11th FYP is allocated to social sectors like education and health.
44. At present, NER for primary education stands at 96%, showing an improvement of 4% compared to the NER of 91.82% in 2009, while the NER for basic education stands at 94% compared to 88.36% in 2009. Plus the Adjusted NER is estimated at 98.5 %, proving that primary education is being accessed by almost all Bhutanese children. Further, the government has targeted NER for primary and basic education at 98% and 96% respectively in the 11thFYP. In order to achieve this target, it continues to prioritize provision of free primary education for all children.
45. Bhutan has also made impressive progress towards ensuring gender equality in education. The GPI in education is calculated at 1.02, indicating that on the whole there is no significant gender inequality in the Bhutanese education system. This has been possible through the policy of establishing primary schools, extended classrooms and providing free text books, stationery, boarding facilities and school feeding programs, especially in rural and remote areas to encourage admission and retention of children, especially girls from vulnerable background. Additionally, to enable children from poor families and those who need to walk longer distance to attend school, free meal is provided to school children based on need. In boarding situations, caregivers are placed to care for the young children as well. (Recommendation 66)
46. Towards meeting the needs of vulnerable children, and specifically to give children from poor socio-economic backgrounds an early head start, the government has initiated establishment of community based Early Childhood Care and Development centres. Catering to 3-5 year olds, this initiative takes early stimulation and school readiness program free of cost to local communities. Currently there are 118 such centres across Bhutan including those run by CSOs and Corporations. The government aims to establish 135 more centres within the 11 FYP. (Recommendation 33)
47. Reflecting the government’s commitment to providing education to all, especially children with disabilities, the draft National Education Policy states that “children irrespective of abilities, location or background shall have equal access and opportunity to education” and that “all schools and institutes shall incorporate policy on special educational needs in their school policy document”.
48. Additionally, a two-stage disability prevalence study for children aged 2–9 was also conducted in 2012 to assess the extent and prevalence of disabilities in the country. The report serves as an important tool for policy makers, researchers, practitioners, CSOs, and volunteers to promote participation, equity and happiness of such children. This study also forms the basis for identifying regions and areas for targeted special needs services, including education and health.
49. To help meet the need for providing specialized education services, a special education unit has also been established in the MoE. Bhutan also hosted its first regional seminar on inclusive education for children with disabilities in December 2013.
50. Presently, eight schools cater to children with special needs, with two schools providing specialized services for the visually and hearing impaired. As of June 2013, there were 259 teachers trained on inclusive education, catering to such students. During the 11th FYP, the service centers of 15 schools, including the existing 8, will be improved and upgraded. A network consisting of focal points from different sectors has also been established and their roles mapped out to address the needs of children with disabilities. Similarly, there is increasing number of active CSOs providing educational services to children with special needs. (Recommendation 33 and 34)
Towards achieving food and nutrition security (Recommendation 67 and 94)
65. Recognizing the importance of educating Bhutanese youth on the issue of Food and Nutrition Security, the government continues to support School Agriculture Program in 173 schools, wherein schools are encouraged to be self sufficient by growing vegetables and rearing livestock. This program has also led to successful economic partnership between schools and local communities and promotion of local vegetable production.
Addressing youth unemployment (Recommendation 63 and 64)
67. [...] While unemployment rate of 2.1% remains low and is not alarming compared with global trends, the situation is critical in Bhutan’s context as youth unemployment rate is much higher than the national average.
69. Recognizing the importance of promoting entrepreneurship among youth, an Entrepreneurship and Self Employment Division was instituted within the MoLHR in July, 2010 with the mandate to promote self employment through entrepreneurship in creative industries like services and manufacturing. Apart from conducting impact assessment, tracer study, awareness and orientation on entrepreneurship, the division also delivers Basic and Comprehensive Entrepreneurship Course to interested youth. Additionally there are CSOs as well as private organizations that promote and support entrepreneurship.
70. [...] To assist youth in making the right career choices, career education and counseling is also institutionalized in all secondary schools across the country.
71. Consequently, due to the various initiatives undertaken by the government, youth unemployment has been reduced from 12.9% in 2009 to 7.3% in 2012.
Violence against women (Recommendation 35, 36, 37, 38 and 39)
86. [...] The Domestic Violence Prevention Act 2013 was enacted on 1st March, 2013.
87. The DVPA 2013 prescribes clear procedures to enhance access to justice for women victims of violence. A DVP Rules and Regulation is also under preparation. BNLI has taken numerous initiatives to improve access to justice for victims [...] It also conducts regular trainings for the Judges on the Acts that impact women and children’s lives. In addition, bench clerks of the district courts were trained on women and child friendly procedures with the intention of expediting case registration and hearing. (Recommendation 48)
88. Recognizing the need for a separate and independent division catering to the needs of women and children within the RBP, a separate Women and Child Protection Division was established on 1st March 2013. This division ensures that mandates related to protection of women and children are implemented by all field units by providing prevention, protection and assistance services. Women and Child Protection Units have been established in 4 districts and plans are underway to cover 2 more. The ultimate plan is to establish a WCP Unit/Desk in each of the 20 districts across the country. In addition to law enforcement, WCPU collaborate with civil society and other agencies in educating on woman and child rights. The Unit also maintains database on violence against women and children. (Recommendation 42)
Mainstreaming gender in development plans and policies (Recommendation 15)
92. The 11th FYP is geared towards giving greater focus to gender and women empowerment in all national plans and polices and as a result, sectors have incorporated gender based activities in their 11th FYP. Some of these include building capacities of women leaders, providing scholarships to girls from disadvantaged backgrounds, establishing girl-friendly infrastructures in schools and establishing ECCD Centres.
Addressing gender gap in education (Recommendation 72, 73, 74 and 75)
95. While gender parity has been achieved at primary and basic education levels, and the gap has been narrowing at the higher secondary education levels, addressing the disparity in enrolment rates at the tertiary level remains a priority.
96. To study the reasons for low enrolment of women at higher levels of education, a study called “Glass Ceiling in the Educational Curve for Girls- assessing girl’s participation in education at higher secondary level in Bhutan” was conducted in 2009. The study point to the need for targeted interventions for enhancing gender responsiveness in education. The government has since then taken initiatives such as girl child friendly facilities, gender sensitization program and counseling, financial and other support for girls from poor background and enhancement of quality of education in general to ensure retention of girl students. Scholarships for girls are also being provided through CSOs and corporations.
97. The Educating for GNH Program also aims to provide life skills like critical thinking and informed decision making among others, which would provide avenues for students, teachers and the larger community to understand gender related issues and challenges and work collectively towards addressing them.
Children
107. Rights of children are enshrined in the Constitution, the Penal Code and the Civil and Criminal Procedure Code. The government’s early ratification of the Convention on the Rights of the Child and its two Optional Protocols also demonstrates its commitment to ensure the security and welfare of children. Children have been identified as one of the most vulnerable groups under the 11th FYP, and for the first time, child protection has been accorded independent status in a development plan. (Recommendation 32)
108. As recommended, The Child Care and Protection Act 2011 was enacted on 31st May, 2011 and The Child Adoption Act, 2012 on 5th January 2012. The landmark CCPA 2011 represents a milestone event for child protection and strengthens the legal framework for the care and protection of children in observance of Bhutan’s commitment under the CRC. The rules and regulations for CCPA 2011 and CAA 2012 are under preparation. (Recommendation 6)
109. It was with the realization of the need for a systematic approach that the NCWC initiated the Mapping and Assessment of the Child Protection System in 2011, which led to the development of National Plan of Action for Child Protection. The NPAC includes provisions for implementation of the CCPA 2011 and the CAA 2012. Although focused on child protection, the plan also provides for the promotion of children’s participation and development. The NPAC will be implemented in the 11th FYP period and has been reflected in the sectoral plans of all relevant agencies. The NPAC will significantly enhance the government’s capacity to prevent and respond to violence, abuse and exploitation of children. (Recommendation 13 and 14)
110. Under the NPAC, a mechanism will be established to ensure the protection of rights of children in all settings including the alternative care. A Child Care and Protection Office have been established under the Central Monastic Body to protect and promote the rights of child monks and nuns. This Office with a designated Child Protection Officer will ensure that the rights of children in the monastic institutions are protected.
111. The NPAC will provide a guide for the establishment of a comprehensive child protection system that will address human rights protection needs of all children, including groups of vulnerable children – Children Affected by HIV/AIDS and children with disabilities. (Recommendation 32 and 33)
112. The NCWC and Lhaksam have been collaborating on issues related to CABA. NCWC in collaboration with the MoH and Lhaksam will conduct a needs assessment of CABA, which will provide an enhanced understanding of their situation. The study will culminate in targeted interventions for improved protection, care and support. (Recommendation 30)
113. Commercial sexual exploitation of children is prohibited under Section 222,223 and 224 of the CCPA 2011 and Section 373, 375, 377 and 379 of the PCB. Focal officers are being trained to combat commercial sexual exploitation of children and awareness program are also being conducted on a regular basis. (Recommendation 44)
114. PCB and CCPC have explicit provisions for child-friendly procedures on cases involving children that require protection of privacy and adult accompaniment during trials. The provisions also outline sentencing of children and allows for the court to release a child on probation or for the child to return home while their presence is not required in the court. A number of police officers have been trained on women and child-friendly procedures and they provide counseling to children who are in conflict with the law. Child offenders are kept in separate detention centres with rehabilitation facilities. (Recommendation 48)
Achievements
119. MDGs: Bhutan is on track to achieving most MDGs by 2015 or earlier. [...] Infant mortality rate has reduced from 60.5 per 1000 live births in 2000 to 47 per 1000 live births in 2010.
Free education
121. The government provides free education to all children from pre-primary to grade 10. Besides tuition, even stationery, textbooks, sports items, boarding facilities and meals are provided free based on needs and depending on the location of the schools. To ensure access to schools within one hour walking distance, the government has established primary schools in remote areas. Where it is not feasible to build primary schools due to lack of a critical mass of students, extended classrooms has been introduced. Given the mountainous terrain and dispersed settlements, providing schools within walking distance is not always possible. Therefore, provision of free hostel facilities and school feeding programs continues to be a key incentive to encourage enrollment and retention, especially of girls in remote and difficult locations.
Youth unemployment
130. Although the unemployment situation has improved steadily from 4% in 2009 to 2.1% in 2012, the high incidence of youth unemployment remains one of the biggest challenges. Youth unemployment today stands at 7.3%, a marked improvement from 12.9% in 2009; however it is still thrice as much as the national average. It will exacerbate in the next few years when more university graduates enter the job market. To make matters worse, it is also leading to a range of social problems.
Capacity building and technical assistance requests
145. Technical assistance for capacity development for gender, women’s empowerment, child protection, TIP and disaster management.
2. In its report, A Situation Analysis of Children, Youth and Women in Bhutan in 2012, the United Nations Children's Fund (UNICEF) stated that the Child Care and Protection Act, 2011, provided recourse against child violence, abuse and exploitation, and enshrined the best interests of the child. In the mapping and assessment of the current situation of child protection in Bhutan and the National Plan of Action for Child Protection, 2012, the authors reported that for the first time a comprehensive costing was presented to legislators to inform them of the resources required for enactment of the Act. Despite this, the Government and its partners had yet to make substantial investments in child protection
3. According to the Plan of Action, the National Commission for Women and Children was in the process of drafting the rules and regulations for the Child Care and Protection Act, which were required to clarify operationalization of several of its provisions. They would be needed to establish procedures to guide determination of the best interests of the child and for the establishment and regulation of an alternative care system, including foster care, guardianship and residential facilities. While the recent establishment of the Bhutan National Legal Institute and support for training was noted in the report, it was indicated that only following finalization of the regulations would judicial training on the application of the Act be conducted in full.
4. In the Plan of Action it was noted that although Bhutan was not a member of the International Labour Organisation (ILO), the regulations of the Labour and Employment Act, 2007, were to be reviewed in 2012, with the goals of strengthening the protection of children from child labour and further alignment with ILO conventions. Regulations under the Labour and Employment Act specified acceptable forms of child labour and set standards for inspection of formal workplaces by labour inspectors, which were carried out in all enterprises at least once a year. Those standards did not cover informal workplaces, including domestic settings and agriculture.
6. In the Plan of Action it was noted that, although the Child Care and Protection Act, provided for the establishment of a national child welfare committee, currently there was no such committee. The establishment of an effective organisation within the Government was seen as critical for implementing the child protection programme and coordinating activities between stakeholders. That would allow the National Commission for Women and Children to focus on its mandate of developing policies, regulating and monitoring rights issues and reporting to international bodies.
7. In the Plan of Action it was emphasized that the Bhutan multiple indicator survey, 2010, was a milestone, demonstrating a new capacity for collaboration in data management and providing quality data on the situation of women and children. There were opportunities to collect additional relevant data through the planned demographic health survey, 2012/2013, and the Bhutan living standards survey, 2012.
8. UNICEF reported that the national youth policy in 2011 was informed by an assessment of vulnerable and at-risk adolescents to ensure its approach was equitable and reached the most vulnerable and excluded youth across the country. In the Plan of Action it was noted that such recent policies as the youth policy, the early childcare and development policy (draft) and the special education policy addressed some child protection issues.
9. UNICEF emphasized that Bhutan devoted a very high share of public expenditure to the social sectors.
10. In the draft Bhutan One programme the authors referred to the gender gap with respect to the participation of women and girls in politics and decision-making. They continued to lag behind in participation in the labour force, in rates of literacy and in participation in tertiary education.
13. The Plan of Action stated that 99.9 per cent of children were registered with a health card, which did not, however, entitle the holder to citizenship. It was through registration with the Department of Civil Registration and Census that many of a child's rights were conferred, including the right to Bhutanese nationality. It was also reported that many families would not name a newly born child for weeks, anticipating that a name would be given by a venerated monk. For such reasons, birth registration with the Department within a few weeks after birth could be problematic. However, in an effort to streamline vital registration, the Department had computerized the civil registration system and reduced the timeline for registration of birth to 30 days.
14. [...] The Plan of Action referred to concerns regarding the civil registration of children born to Bhutanese women where the identity of the father could not be ascertained. This was largely because both parents must be verified as citizens of Bhutan before the child could be granted civil registration. According to the Plan of Action, there were children in Bhutan who remained unregistered until naturalization could take place at the age of 15 or later.
15. UNICEF reported that despite the pace of modernization, traditional practices such as early marriage, corporal punishment and child labour continued.
16. UNICEF also stated that the use of corporal punishment in monastic institutions had been banned by a decree of the Je Khenpo, the highest authority in the monastic body. Although an assessment carried out in November 2010 found that physical punishment (spanking, beating and whipping) was still used as a last resort against recalcitrant novices in about 10 per cent of monastic institutions, most of them were now using alternative forms of discipline. UNICEF also referred to article 11 of the Child Care and Protection Act, which provided that programmes and services established under it should be culturally appropriate, including any rules that might be required for disciplining children. Specific rules under the Act were still being drafted.
17. [...] The study on violence against women noted that most common non-partner perpetrators of physical and emotional violence were fathers and teachers, indicating an unsafe environment at home and at school. UNICEF also noted that in rural areas where informal systems exist, including for reporting and action in cases of violence against children and women, some child protection cases might be adjudicated at the community level by officials who might not have been sensitized to child rights issues.
18. The Plan of Action referred to data from the 2010 multiple indicator survey, demonstrating that child marriage remained common at 30.8 per cent, despite its prohibition by law. This might be explained by the fact that formal marriage proceedings and the issuance of marriage certificates were relatively new and not traditionally practised. It was alleged that the practice of sergemathang/khotkin in the eastern part of the country, whereby marriages between cousins and in-laws were encouraged, could also increase child marriages. Reportedly, the Marriage Act 1980 did not contain any provision for services for children who were at risk of being subjected to child marriage. The absolute requirement for marriage certificates that was currently being advocated could help to discourage child marriage.
19. According to the Plan of Action, the traditional practice of "night hunting", a courtship practice preceding marriage, has been misused. However, there was limited data available on the prevalence or context of night hunting, which was defined as a practice in rural parts of the country where a boy would go out at night and enter a girl's house for sex. In most instances, this would be prearranged between the boy and the girl.
20. According to UNICEF, a survey carried out by the National Commission for Women and Children in 2009 among a sample of predominantly (90 per cent) out-of-school working children from different regions of Bhutan found that 14.3 per cent were below the minimum working age of 13 as specified in the Labour and Employment Act. Most of the children surveyed were working in the service sector as domestic helpers or in hotels and the agricultural sector. Eleven per cent of the sample reported being subjected to the worst forms of child labour (such as heavy labour) or to abuse in the form of confinement, denial of food and leisure and sexual abuse. Boys were more exposed to accidents and injuries and girls to sexual exploitation. Those working in the formal employment sector were reportedly doing so without contracts or clear job descriptions.
23. The Plan of Action stated that the Child Care Protection Act made provision for the establishment of a comprehensive national child justice system. Under both the constitution and the Act, children in conflict with the law were entitled to legal and other appropriate assistance. In principle, free legal representation should extend to any child in the country, irrespective of nationality, but those provisions had not been translated into practice.
24. UNICEF indicated that the Penal Code of Bhutan, 2004, as amended in 2011, set the age of criminal responsibility at over 12. The Penal Code and the Child Care and Protection Act provided alternatives to incarceration. In the Plan of Action it was stated that, based on police records, 415 children had come into conflict with the law in the previous 12 months, of whom the vast majority (395) were male. Data were only available where an arrest was made: 106 children (103 males and 3 females) were detained before sentencing and 46 received a custodial sentence. Of 55 children tried or convicted of a crime in 2011, the statistics of the Royal Court of Justice showed that 78 per cent of cases were for petty misdemeanours or misdemeanours. Given the prevalence of minor offences, there was concern that custodial sentences were reportedly handed down to 46 children, further indicating a need for reformed procedures to ensure that detention was used only as a last resort.
26. In the Plan of Action it was reported that 5.4 per cent of children were orphans and 7.4 per cent lived without a biological parent. The Child Care Protection Act, 2011, and the Child Adoption Act, 2012, provided guidance on alternative care and the rights of children without adequate family care. The Child Care Protection Act made provision for child homes, remand homes, special homes, closed facilities and after care homes; however, it did not make provision for any other form of alternative care, such as fostering or kinship care. There was an informal tradition of kinship care for which regulation or monitoring mechanisms were lacking. One transit shelter operated in Thimphu; however, it lacked proper assessment processes to determine the needs and best children placed there. UNICEF reported that Bhutan needed more social workers, particularly females, together with a formalized system of alternative care for children without primary caregivers or with disabilities.
27. In the Plan of Action it was reported that an estimated 5,609 children (5,116 males and 493 females) lived in monastic institutions. Of those, 743 boys and no girls were reported to have joined due to lack of adequate family care. UNICEF indicated that an assessment of the conditions of young monks and nuns carried out in November 2010 found that, in most institutions, sleeping quarters were small and overcrowded (with an average of between 6 and 15 children in one sleeping area). Sanitary conditions were poor and educational standards were also in need of improvement.
28. In the Plan of Action it was reported that the Child Adoption Act, 2012, regulates both domestic and intercountry adoption. In 2011, 12 children were adopted, of whom 11 were adopted domestically and one internationally. The courts had final authority in granting both domestic and intercountry adoption placements. Most adoptions took place from the hospitals where mothers left their babies; others took place informally when single mothers or women who were economically challenged gave up their children for adoption.
33. UNICEF reported that the youth unemployment rate, currently 7.3 per cent, was one of the greatest challenges for Bhutan. In particular, in urban areas where the unemployment rate rose to 13.5 per cent, unemployed youth were vulnerable to risky and destructive behaviour. Nearly 70 per cent of the total unemployed were women. UNICEF recommended that the Government review and address gaps in technical and vocational education and training policies and develop new policies (e.g., covering minimum wage and targeted incentives for youth employment in the private sector).
34. [...] Social protection was an area where capacity could be developed, with particular potential for focusing on vulnerable children. Social services for troubled adolescents and youth, including substance abusers, had come on stream only in the last three or four years.
38. According to UNICEF, malnutrition was responsible for nearly half of all deaths of children under the age of five. One mother in 10 gave birth to a low birth-weight baby. Early marriage (and subsequent early childbirth) was one reason for this, while poverty, illiteracy, inadequate knowledge of maternal health care and nutrition, food insecurity and inadequate antenatal care were all associated with the poor nutritional status of children under the age of five, of whom one third were stunted. The knowledge of parents and caregivers about child nutrition was weak and micronutrient deficiencies were prevalent among women and children. Food security was still a challenge for many families: 1 household in 10 had insufficient food to feed the family for a quarter of the year. In the draft Bhutan One programme, it was suggested that addressing chronic malnutrition would require a comprehensive approach that included providing a healthy environment, safe water and sanitation and proper childcare, encouraging exclusive breastfeeding and improving education and the health of mothers.
39. Despite the achievements of the community-based health system, with health services reaching 95 per cent of the population, UNICEF observed that a coverage rate of two doctors per 10,000 persons was insufficient. Inadequate levels of staffing at basic health units, especially in remote areas, and lack of adequate capacity development of community-level health workers had become a constraint on the quality of health service delivery. With most maternal and neonatal deaths occurring in the first two days after birth, the deployment and retention of more female health workers was one of the necessary means to encourage women to use antenatal and postnatal services and to deliver their babies in health facilities.
40. According to UNICEF, in terms of specific outcomes, Bhutan was at risk of missing Millennium Development Goal 4 A: reducing the mortality rate of children under five by 2015. There was a clear need to address the causes of diarrhoeal diseases, for example, by providing piped water to all households, expanding access to improved sanitation facilities and instilling behaviour change on hand-washing with soap. There was also a need to address acute respiratory infections by reducing air pollution in homes from solid-fuel cooking fires. More emphasis needed to be placed during women's antenatal and postnatal care visits on the importance of exclusive breastfeeding and appropriate complementary feeding for young children.
41. It was reported in the draft Bhutan One programme that young people were particularly vulnerable to reproductive health issues, especially given the high rates of early childbearing. Sexually transmitted infections and HIV rates were disproportionately high among young people, owing in part to changing social norms and the lack of youth-friendly health services. UNICEF suggested that services on subjects that concern young people, especially adolescent girls, such as education reproductive tract infections and sexual health education, needed to be integrated into and expanded in education and the health-care services, in order to reduce dropout from schools and increase the utilization of health-care services by young women.
44. UNICEF noted that the Bhutan multiple indicator survey in 2010 revealed that 26 per cent of young people aged between 15 and 24 had never attended formal school. Only 40 per cent of children were enrolled at the appropriate age. There were huge disparities in school attendance between rural and urban settings and strong correlations between the economic status of districts and the average level of schooling attained. Urban secondary- level attendance rates were below 50 per cent. Although Bhutan had surpassed the Millennium Development Goal targets for gender equality, this applied only at primary and lower secondary levels. Female enrolment in schools declined steadily with the higher grade levels and only 8 per cent of students who transferred to tertiary institutes were female. The adult literacy rate was over 52.8 per cent for the whole population, but only 29 per cent for rural women. Non-formal education and other innovations had boosted literacy.
45. UNICEF pointed out that the highest priority must be to encourage young women to complete their secondary education. Sanitation in schools needed improvement, particularly to boost school enrolment among girls. Improvement of retention and completion rates needed constant attention, especially to enable more female students to transition through secondary to tertiary education. necessary means to encourage women. Expanding the very limited provision of vocational and technical training and education would require investment and the development of relevant course curricula. Sustained effort was needed to reach the 2 per cent of school-age children who remained out of school, mostly owing to poverty. Others in the same situation included migratory communities and children with special needs. Special efforts were also needed to reach children with disabilities and working children. UNICEF suggested expanding the early childhood and care development programme to benefit members of communities who are often excluded, such as children with disabilities and their families.
46. UNESCO encouraged Bhutan, inter alia, to intensify its efforts to make primary education compulsory, free of all costs and accessible for all children; and to implement additional measures to ensure the right to education for children from ethnic minorities and for children living in rural and remote areas.
47. UNICEF referred to the results of a study on disability among children aged between 2 and 9, which indicated the prevalence of all types of disability at 21 per cent.
4. According to the Global Initiative to End All Corporal Punishment of Children (GIEACPC), corporal punishment was permitted in the home, schools and alternative care settings.
5. GIEACPC further indicated that the prohibition of corporal punishment at home was included in a recommendation to Bhutan during its review under the first cycle of the UPR in 2009. According to GIEACPC, the Government did not categorically accept or reject the recommendation but stated that existing legislation adequately addressed corporal punishment in the home, that the Child Care and Protection Bill would strengthen this, and that no new legislation on corporal punishment was being considered.
6. GIEACPC expressed the hope that the Working Group would note with concern the legality of corporal punishment in Bhutan; and that States would make a specific recommendation that legislation be enacted in Bhutan to explicitly prohibit corporal punishment of children in all settings, including the home, as a matter of priority.
20. CSW alleged that public education for children involved compulsory Buddhist acts of worship, and that Christian children had been compelled to engage in worship against their will and that of their parents. CSW recommended that Bhutan should foster an environment in schools whereby children belonging to minority religions are treated equally and fairly. It also recommended that Bhutan should also provide education to children about different religions, reflecting the diversity which exists in the country.
Accepted and rejected recommendations
The following recommendations were accepted:
118. The following recommendations formulated during the interactive dialogue enjoy the support of Bhutan:
118.1 Ratify the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (Chad);
118.3 Establish a national child welfare committee, as provided for by the Child Care and Protection Act (South Africa);
118.5 Continue providing assistance to the National Commission for Women and Children through capacity-building and providing additional human resources and technical expertise (Afghanistan);
118.6 Further its endeavours with regard to the smooth and productive activity of the Women and Child Protection Division within the country (Azerbaijan);
118.7 Step up efforts on monitoring and evaluation of the activities related to women’s empowerment and child protection through development of an appropriate monitoring system (Belarus);
118.8 Strengthen the monitoring and evaluation efforts of women’s empowerment and child protection through development of appropriate monitoring mechanisms (Ethiopia);
118.20. Formulate awareness-raising activities as part of efforts to prevent the practice of child marriage, and consider improving the availability of antenatal and postnatal services to women (Slovenia);
118.21 Continue taking the necessary measures to antenatal and postnatal services to women (Slovenia);
118.21 Continue taking the necessary measures to promote the rights of children and women (Nicaragua);
118.22 Take further measures to address violence against women and shortcomings concerning the enjoyment of rights by women and girls (Portugal);
118.23 Continue its efforts to raise awareness in rural communities about marriage laws and the dangers of child, early and forced marriage (Canada);
118.24 Continue to provide for all needs of vulnerable children, and especially children from poor socioeconomic backgrounds (Islamic Republic of Iran);
118.25 Continue efforts to provide social care for children at risk, especially those from socioeconomically poor backgrounds (Yemen);
118.26 Continue efforts to promote children’s rights and the right to education (Saudi Arabia);
118.27 Apply the law of 2011 in relation to the protection of children (Madagascar);
118.28 Take measures to effectively implement the Plan of Action for Child Protection (Plurinational State of Bolivia);
118.29 Expedite the preparation and adoption of norms and regulations to implement the provisions of the Child Adoption Act and the 2011 Child Care and Protection Act (Plurinational State of Bolivia);
118.31 Continue to give priority attention to the protection of women and children from domestic violence, including by implementing and closely monitoring the impact of the Domestic Violence Prevention Act (Germany);
118.34 Continue to enhance its engagement with its regional international partners to facilitate building of capacities in countering domestic and gender-based violence and human trafficking, especially of women and children (Philippines);
118.36 Increase its efforts to prevent unacceptable forms of child labour (Italy);
118.77 Continue its efforts to improve the quality of health services for mothers and children, including the education of pregnant women and mothers with a view to decreasing maternal and neonatal mortality rates, and to seek the assistance of the international community with a view to providing better health services to the people (Mauritius);
118.78 Adopt a comprehensive approach that includes providing a healthy environment, safe water and sanitation and proper childcare, encouraging exclusive breastfeeding and improving the education and the health of mothers, in order to reduce the mortality rate of children under 5 (Ireland);
118.79 Share its experiences in provision of free education to all children (Democratic People’s Republic of Korea);
118.80 Continue the ongoing efforts to promote inclusive education (Eritrea);
118.81 Further develop the quality education policies in the country, paying special attention to providing school services to children in remote and difficult locations (Kazakhstan);
118.83 Continue to improve its education system and ensure equitable access to quality education for its people (Singapore);
118.84 Continue taking measures to further promote and guarantee the right to education in the country, and particularly to increase school attendance among young people (Armenia);
118.85 Take further measures to address the decline of female enrolment in schools, in order to ensure that young women complete their secondary education (Portugal);
118.86 Continue programmes aimed at improving the level of education through financial support, especially for girls belonging to poor families (Bahrain);
118.87 Further address the gender disparity in school enrolment rates at the tertiary level (Myanmar);
118.89 Continue its efforts to enhance access to quality education for all its young citizens, especially those with special needs (Brunei Darussalam);
118.90 Work closely with the international community towards the priority goal of education for all, especially children with disabilities (Maldives);
118.102 Call for technical assistance for gender development, women’s empowerment, child protection, prevention of trafficking in persons and disaster management (Uganda);
120.11 Consider becoming a member of the International Labour Organization (ILO) and ratifying the ILO Convention No. 182 (1999), concerning the prohibition and immediate action for the elimination of the worst forms of child labour, and No. 138 (173) on the minimum age for admission to employment (Mexico);
120.30 Undertake further actions in order to prevent child marriages (Italy);
120.31 Amend relevant legislation in order to ensure civil registration for all children, including fatherless children (Austria);
120.33 Harmonize the procedure for transmitting Bhutanese nationality in order to allow women to transmit Bhutanese nationality to their children on the same terms as men (France);
120.34 Continue taking measures for the protection of the rights of senior citizens, children, persons with disabilities and minorities while giving utmost priority to the provision of social security in all regions of the country (Nepal);
120.36 Consider prohibition of the use of corporal punishment of children in all settings (Zambia);
120.38 Take measures, in law and in practice, to end all forms of child labour, in accordance with the highest international standards (Costa Rica);
120.50 Intensify efforts to make primary education compulsory, free of all costs and accessible to all children, with the implementation of additional measures to ensure the right to education for children from ethnic minorities (Brazil).
116. Responding to the questions regarding children’s rights, the delegation explained that Bhutan was a member of the South Asia Initiative to End Violence against Children and was working to address child protection issues, such as child marriage, corporal punishment and harmful traditional practices.
The following recommendations were deferred:
2. The Delegation in May 2014 accepted 103 recommendations out of 163 and deferred 60 for further consideration.
11. 120.11. The Labour and Employment Act 2008 is aligned to many international standards related to child labour including ILO Convention 182. Bhutan will only consider accession and ratification depending on the relevance and need in Bhutan’s context.
18. 120.30. Current legal framework in Bhutan adequately addresses the issue of child marriages. Child marriage is prohibited under several provisions of the Marriage Act and the Penal Code of Bhutan. While the Marriage Act explicitly prohibits child marriage, the Penal Code criminalizes any act of consensual sexual act with a child below twelve years of age as well as a child between the ages of twelve to eighteen years either with or without the knowledge of the other person being a child. Royal Government has also been proactive in addressing child marriage and teenage pregnancy through Adolescent Health Program and Education on Adolescent Sexual & Reproductive Health. Bhutan is part of the Regional Action Plan to End Child Marriage developed by South Asia Initiative to End Violence Against Children (SAIEVAC) in consultation with the CSOs of 8 countries and the SAARC Law Chapters. NCWC as the nodal agency, will spearhead its coordination and implementation. Bhutan accepted two recommendations, from the second UPR cycle, to raise awareness on child marriages to prevent its occurrence. These proactive steps fully demonstrate our commitment to preventing and ending child marriage. As such, Bhutan can partially accept this recommendation with the understanding that “actions” mean raising awareness on the issue.
22. 120.35. Vulnerable groups which include senior citizens, children, persons with disabilities, etc. have already been identified as a National Key Result Area in the 11th Five Year Plan. A high level Committee has been formed to identify an agency to take charge of mandates concerning vulnerable groups. Disabled friendly facilities and services have also been integrated into the 11th Five Year Plan. A high level committee has been formed to assess the need for a National Disability Policy. A National Plan of Action for Child Protection is under implementation.
23.120.36. / 24. 120.37. The school curriculum has been reviewed to make it more gender sensitive, while the Non Formal Education programme is availed more by women and contains teaching learning materials which are gender friendly and sensitive towards rural women and their lives. Advocacy on gender issues and awareness is also being carried out in schools regularly through the Educating for GNH programme and targeted workshops on “Gender Responsiveness in the Classroom”. Bhutan does not see the requirement for further incorporation of content with a human rights approach into education.
25. 120.38. The Labour and Employment Act 2008 is aligned to many international standards related to child labour including ILO Convention 182. Regulation on Acceptable Forms of Child Labour outlines the lists of work prohibited for children between the ages of 13-17 years. The Regulation was reviewed in 2012 to further align it to the ILO Conventions. The child labour handbook and training against child labour and on child rights are being conducted on a regular basis. Although the Child Care and Protection Act 2011 does not have provisions specific to child labour, the legislation clearly identifies children in difficult circumstances and provisions have been made under the Child Care and Protection Rules and Regulations for alternative care for children in difficult circumstances. Children involved in child labour will clearly fall under this category of vulnerable children and therefore they can be provided care and protection according to the above provisions. While Bhutan remains fully committed to fighting Child Labour and the principles on which this recommendation is based on, it does not plan to introduce any new legislation on the same as the current law and practices adequately addresses the issue. Bhutan can partially accept this recommendation to ensure effective implementation of current laws and practices.
34. 120.50. Bhutan is committed to ensuring that all children have access to free primary education. The Constitution of Bhutan guarantees the right of every child to 11 years of free Basic education. As of 2013, the Net primary Enrolment Ratio was 96% while the adjusted Net Primary Enrolment Ratio was 98.5% indicating that almost all children are enrolled in primary school. Further, the provision of free stationary and food and boarding facilities in rural and remote pockets of the country ensure that there is equitable access to education for all. Given that universal primary education has almost been achieved, and the country is well on track to achieving Education For All by 2015, the government does not feel the need to make primary education compulsory.