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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first 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. Timor-Leste - 12th Session - 2011 Scroll to: National Report 20. Within the Ministry of Justice, Timor-Leste also has a National Commission for the Rights of the Child (CNDC), dedicated to implementing children's rights. With the approval of the Children's Code, it is intended that this body will gain institutional and functional autonomy, making it an independent administrative institution. 29. The Timorese State recognizes that ill treatment occurs in schools in the form of corporal punishment and verbal abuse. The Ministry of Education has established a policy of "zero tolerance" for teachers who display this type of behaviour. The Ministry of Education, the Ministry of Social Solidarity, the PNTL's Vulnerable Persons Unit, and organizations of the civil society have made efforts to increase teachers' awareness regarding the banning of the use of corporal punishment and other ill treatment of students, and also the advantage of using other educational methods in order to guarantee discipline in schools. This joint programme also aims to support students so that they may report potential situations of ill treatment in schools. 68. Since the restoration of Independence, the infant mortality rate has been decreasing. According to the 2004 census, the infant mortality rate was 83 deaths of infants under the age of one for every 1,000 live births. Between 2004 and 2010, the infant mortality rate fell substantially, and is currently at 45 per 1,000. A similar reduction has been achieved in relation to the mortality rate for children under the age of 5. The under-5 mortality rate in 2001 was 115 for every 1,000 births, by end of 2010 this figure had fallen drastically and it is current at 64 per 1,000. The considerable reduction in these two indicators demonstrates the positive effect of the decisive efforts made to improve health service conditions, the increased number of health related professionals and the success of the partnership with civil society in information campaigns. 69. Timor-Leste has already a quality strategy for the immunization of children, mainly with a view to reducing the mortality rate of children under 5. Indicators reveal an optimistic situation with substantial, although not ideal, cover for various types of immunization for infants who are less than a year old, in addition to immunization against tetanus for pregnant women. In 2010, the national immunization cover for prevention of measles reached 66.2%, for tuberculosis it was 72.4%, the triple vaccine against diphtheria, tetanus and whooping cough cover was 73.2% and immunization against polio was 72.3%. In the same period, immunization against tetanus was provided to 32.5% of all pregnant mothers. 71. Education is a fundamental right enshrined in the Constitution (Art. 59 CRDTL), which guarantees all citizens the right to and equality of opportunities in education and vocational training, and access to the highest levels of education, scientific research and artistic creation. It also establishes the role of the State in the creation of a public system of universal basic education which is compulsory and, whenever possible, free of charge. 72. In 1999, most of the educational infrastructures were in ruins. There was a small body of teaching staff and they lacked scientific or pedagogical training. There was a need for a deep restructuring of the school curriculum and the consequent production and dissemination of the respective didactic materials. Parallel to this, the demographic structure of Timor-Leste and the high percentage of illiteracy (57%) demonstrated the sheer inadequacy of the educational system in meeting the needs of the population. 73. Despite the current investment in the construction and rehabilitation of school buildings, a significant number of schools are still found in temporary premises and face serious limitations for teaching. By the end of 2010, only 576 buildings had been constructed or rehabilitated. In order to guarantee access to every child of school age, it is estimated that a total of 1,523 school buildings are necessary. 74. Within this context, the Basic Law on Education, promulgated in October 2008, represents a decisive step in the direction of establishing a legal framework of reference for the organization, regulation and development of the entire education system. In general terms, the educational system in Timor-Leste is divided in pre-school, basic education, secondary education, higher education and recurrent education. 75. Basic education, which is universal, compulsory and free of charge, is divided into 3 learning cycles: the first is of four years, the second two years and the third three years. In 2001, the real rate of school enrolments in the 1st and 2nd cycles of basic education was 17%, with a total of approximately 212,000 students and 3,925 teachers. In 2010, this figure had increased to 90%i, with 289,455 students and 9,995 teachers. The progress recorded in access to basic education reveals the urgent need to strengthen the resources in terms of the quality of education. In this context, in 2006 Timor-Leste began implementing the restructured national curriculum for the 1st and 2nd cycles of basic education. In 2010, the process of designing the curriculum for the 3rd cycle was concluded, and its full implementation is planned from January 2012. The new basic education curriculum complies with strict international scientific and pedagogical requirements and was developed taking into account the Timorese reality 76. With the aim of facilitating access to students from economically vulnerable families, the Government provides "school snack" throughout the basic education. Timor-Leste also has a system of granting scholarships for basic and secondary education provided by the Ministry of Social Solidarity, based on criteria of economic vulnerability and educational achievement. Aware of the difficulties faced by the different teaching establishments, a programme of school concessions was drawn up, with the aim of providing adequate financial resources to all the country's schools. 77. Secondary education lasts for 3 years and is divided into general secondary education and technical-vocational secondary education. In 2010 there were 40,780 students and 2,070 teachers at this level of education. The recent results achieved in terms of basic education schooling demonstrate that in the short term there will be a heavy demand for secondary level, and it is urgent that the current infrastructures and human resources are adapted to meet this impending situation. 102. Food vulnerability has a particular impact on the nutritional status of Timorese children, especially those who are under 5 years of age. The results of the 2010 Demographic and Health Survey show that 44.7% of children under the age of 5 are underweight and 17% are chronically underweight. With regard to this nutrition indicator, there is a significant difference between rural and urban areas, although there is no negative gender difference. 105. The Constitution of Timor-Leste provides that children shall enjoy all rights which are universally recognized and enshrined in international treaties (Art. 18 CRDTL). The effective protection of the rights of children is a priority for Timor-Leste, and legislative measures have been approved which provide more favourable conditions for children's development. Reflecting the State's duties in relation to children, in 2009 the Government created the National Commission for the Rights of the Child as the government agency responsible for promoting and protecting children's rights, under the aegis of the Ministry of Justice. 106. Currently, in Timor-Leste, there is a perception of the existence of a high number of cases of violence, abuse, exploitation and negligence of children, although there is no systematic reporting of these cases. Poverty is one of the factors which contribute to the current level of difficulties faced by Timorese children. Despite the increase in schooling, there are still a large number of children who do not go to school or who are forced to abandon their studies before they complete the nine years of compulsory basic education in order to support their family's subsistence. 107. Several initiatives have been carried out to enhance the protection of children, involving different public entities and the civil society. The Government has set up child protection networks, which benefit from the participation of community leaders, NGOs, the Ministry of Social Solidarity, the Ministry of Justice, the Ministry of Education and the police, represented by the Vulnerable Persons Unit. These networks ensure the implementation of concerted multidisciplinary protective actions, including support for the provision of social assistance in specific cases. In order to provide the necessary support to children who are victims of violence and other abuse, the Ministry of Social Solidarity has drawn up a manual on the mechanisms for referral of these cases to relevant services. Guidelines have also been produced on how to deal with child victims of violence, including sexual violence. In Timor-Leste most orphanages and protective homes are run by NGOs or religious groups. The Government provides different types of support, including financial support, materials, equipment and training, and also plays a supervisory role to ensure that these institutions meet the necessary conditions to guarantee real protection to the children. The legal and social aspects of child protection are part of the training course for candidates for the positions of judges, public prosecutors and public defenders. 108. A legal regime is being prepared to regulate national and international adoption, which is already subject to a system of strict control, including judicial supervision. The Ministry of Social Solidarity also serves as an important point of reference for the courts, and carries out assessments to determine the suitability of the adopting family in order to guarantee the child's full development. 109. The Ministry of Justice, in conjunction with national and international partners, has been making significant efforts to facilitate the process of registering births, namely by enacting the Code of Civil Registration, providing civil registration services in the thirteen districts, implementing registration outposts in hospitals and launching periodic campaigns for the registration of births, with the aim of achieving universal registration in Timor-Leste. Nevertheless, despite these efforts, most children are still not registered, or are registered late, when they reach school age or adulthood. A National Campaign for the Registration of Children up to five years of age, involving all the suco and village heads, was launched in 2011, with the aim of achieving 100% registration of children in this age group. 116. Timor-Leste intends to be bound by several additional international conventions related to human rights protection, as soon as the human resources and institutional conditions are in place to ensure compliance with the commitments to be assumed through these instruments. With regard to the legal order, several statutes are to be concluded which will guarantee a coherent and quality framework for the protection of human rights. Out of those, it can be highlighted the Children's Code, the Land Law, the Law on Access to the Courts, the Law on the Guardianship of Minors, the Law on Religious Freedom, the Law on Human Trafficking, the special Criminal Regime for Young Adults and the Law on the Execution of Penaltiesii. 7. UNCT also indicated that, in early 2011, a draft civil code, labour code, a land law which provides for the right of women to own property and an anti-corruption law were being considered by Parliament. The Ministry of Justice was in the final stages of completing juvenile-justice legislation and a children's code.iii UNCT recommended that the juvenile justice legislation and the draft children's code be finalized, and that the draft labour code be approved.iv 9. In 2008, the Committee on the Rights of the Child (CRC) recommended that Timor-Leste, in the process of reviewing its legislation, aim to ensure that the principle of the best interests of the child is reflected adequately in relevant laws.v 14. UNCT stated that a National Commission for the Rights of the Child had been established in 2009, with a mandate to promote, defend and monitor children's enjoyment of their rights and well-being.vi 16. UNCT also stated that, while much progress had been made to increase the protection of children's rights there was no national plan of action for children. Insufficient resources were allocated for child-rights monitoring bodies.vii 20. During 2008 and 2009, OHCHR provided support to the investigation and prosecution of past abuses, strengthening of the Provedoria, and the incorporation of human rights education programmes in primary schools.viii 21. In 2009, CEDAW expressed concern at the prevalence in Timor-Leste of a patriarchal ideology with firmly entrenched stereotypes and the persistence of deep-rooted adverse cultural norms, customs and traditions, including forced and early marriage, polygamy and bride price or dowry (barlake).ix 29. In 2008, CRC was concerned that cases of child abuse were not adequately addressed in the judicial system and that the majority of cases of violence against children were not reported.x CRC urged Timor-Leste to carry out a study on all aspects of domestic violence and child abuse in the home; develop a comprehensive national strategy to prevent and respond to domestic violence and child abuse; establish effective procedures and mechanisms to receive, monitor and investigate complaints; and ensure that all child victims of violence and abuse have access to adequate care, counselling and assistance.xi 30. CRC was also concerned about the continued widespread existence of child labour in particular in the informal sectorxii and recommended that Timor-Leste: reinforce its efforts to prevent and combat child labour; ratify ILO Convention No. 138 concerning the Minimum Age for Admission to Employment; ensure that its new Labour Code will be fully aligned with the standards set out in the above ILO Conventions; and ensure that minimum ages will be vigorously enforced through a sufficient number of adequately resourced and mandated labour inspectors.xiii 31. Additionally, CRC encouraged Timor-Leste to continue its efforts to resolve the remaining cases of children separated from their families as a result of foreign occupation, in particular those cases in which children remain separated from their parents.xiv 32. CRC also recommended that Timor-Leste carry out studies on the full social implications of the experiences of the children involved in hostilities during Timor-Leste's armed struggle for independence, aimed at identifying former child soldiers and providing appropriate psychological and rehabilitative services.xv 33. UNCT stated that a circular had been issued by the Minister of Education on zero-tolerance towards corporal punishment, but that violence by teachers remained common.xvi CRC was concerned at reports that corporal punishment was a common phenomenon at home and is frequently used to discipline children at school and in other educational settings.xvii It recommended that Timor-Leste explicitly prohibit corporal punishment in all settings, including through awareness-raising campaigns aimed at families, the school system and other educational settings.xviii CEDAW in 2009 made similar recommendations.xix 43. In 2008, CRC noted that children in detention are not always strictly separated from adult detainees, and that measures of restorative justice are not systematically considered.xx CRC recommended, inter alia, that Timor-Leste continue and strengthen its efforts to ensure the full implementation of juvenile justice standards; expedite its efforts to finalize juvenile justice legislation, ensure that children are deprived of their liberty only as a means of last resort; and, if detention is unavoidable, take measures to ensure that children are separated from adult detainees.xxi 44. In 2008, CRC recommended that Timor-Leste establish the minimum age for marriage at 18 years of age, equally applicable for both boys and girls.xxii Similarly, in 2009, CEDAW urged Timor-Leste to raise the minimum age for marriage for women in the draft Civil Code to 18 years. It further urged Timor-Leste to take all necessary measures to eliminate forced marriages, to ensure that women enjoy a legal capacity identical to that of men, to equate women's inheritance and ownership rights to that of men and to ensure women's equal rights to property on divorce.xxiii 45. CRC recommended that Timor-Leste undertake measures to raise awareness of the harmful effects of early marriage, in particular in communities in which very young girls are given into marriage under customary-law practices, with a view to ensuring that girls are not forced into marriage.xxiv 46. CRC remained concerned that the rate of birth registration is still very low, especially in rural and remote areas.xxv CRC urged Timor-Leste to intensify its efforts to improve its birth registration system in order to guarantee the registration of all children within its jurisdiction.xxvi 51. In 2011, UNCT stated that 41 per cent of the Timorese population lived below the basic-needs poverty line. Food insecurity remained a major concern, particularly in rural areas. Since 2008, the Government had provided food assistance to the country's most food insecure and vulnerable persons, including through maternal and child health and nutrition, school feeding and food for work programmes. However, the Ministry of Trade, Commerce and Industry (MTCI)'s programme of subsidising rice faced serious challenges and was stopped, while MTCI's programme for local purchase had been largely unsuccessful at promoting production through market stimulation due to limited coordination between the Ministry of Agriculture (MAF) and MTCI.xxvii 52. In 2008, CRC recommended that Timor-Leste strengthen its efforts to combat poverty through allocating resources to effective poverty reduction measures, and through strengthening the capacity to implement and monitor poverty reduction strategies at the local and community levels; and make efforts to improve access to social services, develop safety-net programmes which target the most vulnerable groups, and consider establishing a social security system to ensure a minimum standard of living for all families.xxviii 53. UNCT also indicated that food security did not feature prominently in the Government's National Priorities for 2011, which was unfortunate as data from the Demographic and Health Survey showed very serious nutrition problems, particularly among children.xxix UNCT recommended raising food and nutrition security concerns to the highest level and increasing monitoring efforts at all levels.xxx 54. UNCT stated that maternal mortality remained high, at 557 deaths per 100,000 live births, and it was of great concern that 45 per cent of children under age 5 were underweight and that the growth of 58 per cent of this group was stunted. This is an inter-generational problem due to poor feeding behaviours and lack of access to and utilization of essential nutrition services.xxxi 55. CRC recommended that Timor-Leste continue to take measures to reduce infant and under-five mortality, inter alia, by guaranteeing access to quality pre- and post-natal health services and facilities; continuing to strengthen measures to counter threats posed by illnesses such as malaria, typhoid and dengue fever as well as respiratory and gastrointestinal infections; improving access to safe drinking water and increasing the usage of effectively treated mosquito nets.xxxii 56. CEDAW urged Timor-Leste to make every effort to raise the awareness of, and increase women's access to, health-care facilities and medical assistance by trained personnel, especially in rural areas and in the area of post-natal care in particular. It further recommended that Timor-Leste implement programmes and policies aimed at providing effective access to affordable contraceptives and family-planning services and to ensure that sex-education programmes are widely promoted and targeted at girls and boys as well as to include special attention to the prevention of early pregnancies. CEDAW further called upon Timor-Leste to review the legislation relating to abortion with a view to removing the punitive provisions imposed on women who undergo abortion.xxxiii 57. CRC was concerned about the problems resulting from insufficient access to housing and the lack of appropriate regulations concerning the ownership of land.xxxiv CRC recommended that Timor-Leste improve access to adequate housing, and ensure that ongoing efforts to regulate the ownership of land result in equitable land allocations and help to alleviate poverty.xxxv 58. CRC was also concerned about persisting factors that perpetuate high rates of child disability, including poor maternal health standards and isolation from formal health services. It regretted that children with disabilities were frequently excluded from mainstream education and community life.xxxvi CRC recommended inter alia that Timor-Leste provide children with disabilities with access to adequate and standardized social and health services.xxxvii 60. UNCT also stated that the net enrolment rate in primary school was 82 per cent with less than 50 per cent of children at the age of 6 enrolling in first grade. Drop-out rates were high, with approximately 27 per cent of children who enter first grade continuing to to enroll in ninth grade. While progress had been made, many schools were in poor physical condition, and the quality of teaching remained low.xxxviii 61. CRC recommended that Timor-Leste ensure that all children have equal access to free primary education without any financial obstacles; continue to take measures to further increase enrolment and retention rates; continue to pay attention to issues of comprehension during the transition of the multilingual school system to the Portuguese language; effectively recruit and/or train appropriately qualified teachers for primary and secondary schools; strengthen and expand the school feeding programmes.xxxix 62. CEDAW was concerned at the low enrolment rate of girls in secondary and higher education, as well as at girls' high school dropout rates. It was further concerned that traditional attitudes, early pregnancies and early marriages are among the causes of girls dropping out and was alarmed at the high number of girls who suffer sexual abuse and harassment by teachers, as well as the high number of girls who suffer sexual harassment and violence on their way to school.xl CEDAW recommended that Timor-Leste take steps to overcome traditional attitudes hampering women and girls in their full enjoyment of their right to education, retain girls in schools and implement re-entry policies enabling young women to return to school after pregnancy. CEDAW also called upon Timor-Leste to provide safe transportation to and from schools, as well as safe educational environments free from discrimination and violence.xli 69. In 2009, CEDAW requested Timor-Leste to provide, within two years, information on implementation of the recommendations related to access to education and maternal and infant mortality. Summary of Stakeholders' information 4. JS1 noted the Ministry of Justice is responsible for drafting the Children's Code which seeks to safeguard children's rights in the context of legal reform and enhance justice for children in contact with the law.xlii JS1 recommended that the Government, inter alia, ensure greater coordination in child policy by creating an inter-ministerial committee in 2012. The tasks of the committee should include: (i) to review and clarify the legal status of the National Commission for the Rights of the Child (NCRC); and (ii) finalize and approve a code of conduct for all persons working with children. JS1 recommended that the Ministry of Justice complete the draft Children's Code by the end of 2012, with the expectation that the Parliament will pass the legislation by the end of 2013. 7. JS2xliii indicated that civil society organizations have been critical about the mandate and competencies of NCRC. JS2 noted for instance that NCRC has not been mandated to receive complaints regarding cases of violations of the rights of children. JS2 recommended that the Government amend the statutes of NCRC to include the highest legal competencies to protect and promote children's rights, particularly to undertake institutional interventions and receive complaints of violations against children's rights.xliv 8. JS1 noted that in 2010, the Ministry of Education published the National Education Strategic Plan 2011-2030 which outlines a commendable programme of educational reform including a target of 88 per cent enrolment in basic education by 2015.xlv 9. JS1 recommended that the Government provide for coordinated implementation of the Mother Tongue–Based Multilingual Education for Timor-Leste National Policy in 2013.xlvi 11. JS1 noted that efforts to revise legislation and policy related to child protection, have not been carried out in a manner which provides a clear legal mandate to all relevant ministries.xlvii JS1 recommended that the Government, inter alia: amend the national regulatory framework to provide a clear legal mandate to child protection officers; and develop terms of reference for district child protection networks before 2012 general elections.xlviii 12. JS1xlix and JS2l expressed concern regarding discrimination against persons including children with disabilities. JS2 recommended that Timor-Leste combat discrimination against people with disabilities and adopt provisions from the United Nations conventions regarding the protection of people with disabilities into national policies and legislation.li 15. JS3 noted the occurrence of sexual exploitation against both men and women and that women are often victims of violence in their own families. It noted furthermore that many Timorese women work as sex workers in Dili and other larger towns in the country and that many start working at very young age (and are minors). It is estimated that 75 per cent of males involved in sex work are also minors.lii 16. JS3 noted that there is wide acceptance of corporal punishment and violence against children in the name of discipline or correction. Few cases of violence against children including cases of sexual abuse are brought before courts.liii The Global Initiative to End All Corporal Punishment of Children noted that the Draft Juvenile Justice Law is under discussion, but in its current form does not explicitly prohibit corporal punishment in institutions accommodating children in conflict with the law. A children's code is also being drafted but it is not known if it would contain prohibition of corporal punishment in all settings.liv JS1 recommended that the Government formally prohibit corporal punishment in all settings, including through awareness-raising campaigns aimed at families, the school system and other educational settings and clarify safe, efficient and child-friendly reporting mechanisms for victims of violence.lv 17. JS3 expressed concern about children living on the streets and noted that the situation of children on the streets is a part of a wider child labour issue. Child labour is common in terms of supporting family income. Few children are in formal labour; only 0.5 per cent of 5–14 years olds are in paid labour. Many are involved in work that is dangerous or onerous. It noted that Timor-Leste has not ratified the ILO Convention on the Minimum Age of Employment.lvi 18. JS3 urged the Government to, inter alia, (1)ensure that every child is protected from all forms of physical, sexual and mental violence and prosecute violators; (2) conduct a study on all aspects of domestic violence and child abuse in the home, assessing the scope and nature of this problem and implement legal measures to address violence against children; (3) establish effective procedures and mechanisms to receive and monitor cases; and (4) ensure that all child victims have access to adequate care, counseling and assistance with recovery and reintegration services.lvii 20. ICTJlviii and AIlix noted that between 1974 and 1999, over 100,000 civilians died as a result of executions, massacres, and conflict-related hunger and illness. The Timorese suffered widespread violations including enforced disappearance, arbitrary detention, torture, rape, sexual slavery, the use of child soldiers, and the deliberate targeting of civilians during military operations. The legacy of the conflict continues to undermine political stability in Timor-Leste today. The overwhelming majority of these violations have yet to be addressed.lx 37. JS3 noted that article 18 of the Constitution concerns the protection of children. It also noted the draft legislation on juvenile justice which exempts children from criminal liability, and differentiates a Special Penal Regime for Young Adults aged between 16 and 21 years old. These two laws constitute an encouraging step forward in separating children and youthful offenders from adult criminals during the stages of arrest, adjudication and detention.lxi However, JS3 noted that it shares the concerns of other civil society organizations in the country, in particular with regard to the best interest of the child. JS3 was particularly concerned about the fact that the draft laws provide for the detention of children and do not ensure that the deprivation of liberty of juveniles is a means of last resort.lxii 38. JS3 urged the Government to: (1) amend the draft law on Juvenile Justice ensuring that children in conflict with the law are deprived of their liberty only as a means of the last resort; (2) use the principle of "best interests of the child" as a guide for the development of juvenile justice law and policy and put in place prevention programmes to reduce juvenile delinquency; (3) honour the child's right to be heard and participate by allowing him or her to have access to information concerning the charges brought against them, rules of evidence, avenues of appeal, and principles of adjudication; (4) ensure that the opportunity for legal representation is not denied to children and youthful offenders and inclusion in decision making as an important element in an integrated juvenile justice policy; (5) provide training for law enforcement officials and the judiciary with regard to the rights of children in conflict with the law.lxiii JS3 also recommended the creation of special courts for juveniles and ensure that they are detained in separate centers from adults.lxiv 39. JS3 noted that birth registration remains an issue of concern and that only 22 per cent of children under five are formally registered.lxv JS3 recommended that the Government improve the system of birth registration.lxvi JS1 recommended that the Government completes its campaign for Child Registration by the end of 2012, with the goal of achieving universal birth registration by the end of 2013.lxvii 40. JS2 noted that up until 2010 the Confederation of Workers Syndicates had dealt with 1430 labour disputes. Of all cases only 3 per cent have been resolved through tri-partite mediation involving the Government. Of these, 0.4 per cent cases had been taken to the district courts, while many have been pending for more than two years without resolution. The violation of workers' rights has become a concern because of the absence of adequate protective measures. It was indicated that the issue of unemployment is closely related to that of the treatment of workers in the context of labour-market competition. Timorese do not have sufficient skills to compete in the labour market with migrant workers whose numbers have increased to over 2000.lxviii It recommended that Timor-Leste: (1) approve the new (amended) Labour Code and complementary legislation regarding minimum wages, social security and protection in the workplace; and (2) strengthen initiatives to create jobs by adopting urgent measures to develop programs oriented at providing skills for young people, as well as develop schools systems aimed at fostering life-skills.lxix 41. JS1 indicated that although there have been improvements in primary health services, high levels of child malnutrition, infant, child and maternal mortality rates continue to be of concern. Access to health services is a challenge, particularly for remote communities.lxx JS2 recommended that Timor-Leste adopt urgent measures to improve access to health services and respond to health problems by increasing food productivity, access to clean water, basic services and sanitation.lxxi JS 2 noted that the poor nutritional status has also had a large impact on the increasing infant mortality rate.lxxii 42. JS2 noted that, despite the Government's 2010 programme of school feeding, all schools where the programme has been applied show that the meals have limited nutritional value, and lack hygiene. It recommended that the Government improve its policies and programmess for reducing malnutrition throughout the country, in particular through improving the quality of the school-feeding programme by creating proper management of food preparation, controlling the quality of supplies and the use of local products. It recommended the creation of an inter-ministerial mechanism to control and measure the impact of the provision of health services in order to reduce infant mortality, maternal mortality and malnutrition.lxxiii 45. JS1 noted that there is poor access to clean water and sanitation facilities. Approximately 40 per cent of rural and 14 per cent of urban households do not have access to clean water, while 65 per cent of rural and 21 per cent of urban households do not have access to improved sanitation. The lack of access to clean water and sanitation facilities contributes to illnesses among children, including diarrhea which is among the top three causes of death among children under five years old.lxxiv JS1 recommended that the Government: (a) adopt the National Sanitation and Hygiene Policy by the end of 2012; (b) undertake awareness-raising campaigns beginning in 2013 to promote the importance of sanitation and hygiene; (c) ensure, by the end of 2013, equal access to clean water and sanitation facilities in schools for all children, and ensure that men's and women's latrines are segregated.lxxv 46. JS1 noted the Government's commitment to enabling free and compulsory education in primary and secondary schools (from grades 1 to 9), including the Ministry of Education's Strategic Plan 2011-30 with s target of 88 per cent of enrolment in basic education by 2015. JS1 noted however that approximately 23 per cent of children never enroll in schools while 50 per cent of those enrolled drop out by grade three. Children in remote areas, especially girls and children with disabilities are less likely to complete primary school.lxxvi 47. JS2 noted that Timor-Leste's education policy of nine years of obligatory and free education has not been able to attract many children to school. Families without income continue to be unable to cover the costs of school materials and uniforms. Despite the increase of children enrolling in schools at entry level, the percentage of drop-outs at a later stage has been high. Causes include: children leaving school to work in the streets and unplanned pregnancies among young girls resulting in early marriages. JS3 noted that long distances from school, especially in rural areas may inhibit enrollment, particularly as regards girls, and this may also contribute to early drop-out. According to JS2, the number of girls in higher levels of education drops dramatically, especially in rural areas. 48. JS2 recommended that the Government: continue its efforts to strengthen free education and find alternatives to support children from disadvantaged financial situations; consider providing scholarships at secondary and higher level to children of lower economic status; identify children who have dropped out or passed the age of the primary school cycle, to enter them into recurrent education; and broaden this program to the districts.lxxvii 49. JS2 noted that there have been several allegations against teachers indicating they used violence to discipline, as well as allegations of sexual abuse, but in most cases without teachers being held accountable.lxxviii It recommended the establishment of an internal school mechanism to which children can complain and tjrough which teachers can be held accountable.lxxix JS1 recommended that the Government develop and approve procedures by 2014 to stop gender-based violence in educational institutions.lxxx 50. In regards to quality education, JS3 noted that poor physical infrastructure of schools, shortage of teaching material, and low qualifications of teachers negatively impact the quality of education. JS2 noted that the situation is similar at the National University in Timor-Leste.lxxxi Other concerns were overcrowded class rooms and that the children's ages in the classes considerably varied. JS3 indicated that one further challenge is the language of instruction, Portuguese, as not all teachers can speak it which affects the students and their ability to learn.lxxxii JS3 recommended that the Government: (a) fully implement article 28 of CRC, which establishes the obligation to make primary education compulsory and available free to all; (b) overcome the stigmatization of the poorest, orphans and children with disabilities, and to ensure their equal access to education; (c) build new schools and modernize existing infrastructures; provide (d) economic subsidies for families of the poorest children; (e) training for teachers to ensure a quality education; and (f) a free nutritious lunch for all children attending primary school.lxxxiii JS1lxxxiv and JS3lxxxv recommended that the Government implement its Strategic Plan target for pre-primary education and have at least 50 per cent of children between three and five years-old enrolled and receiving quality pre-school education by 2015. 51. JS1 stated that children learn best in a language they know and understand, and therefore welcomed the development of the Mother Tongue–Based Multilingual Education for Timor-Leste National Policy.lxxxvi 52. JS2 noted that Portuguese and Tetum are the official languages of the country. However, it noted that the Government recognizes Portuguese as the official language in State institutions and education and that the languages of indigenous peoples are under threat. Accepted and Rejected Recommendations The following recommendations were accepted: A - 77.9. Conclude and adopt the Children’s Code as a matter of priority (Portugal); A - 77.10. Ensure that the principle of the best interests of the child is adequately reflected in relevant laws (Austria); A - 77.16. Consider establishing a national action plan on the rights of the child (Austria); A - 77.17. Provide the National Commission for the Rights of the Child with the necessary resources to ensure that it is able to carry out its mandate (South Africa); A - 77.26. Persist in its efforts to eradicate corruption, corporal punishment of children, discrimination against women and domestic violence (Holy See); A - 77.27. Adopt a specific legislation to explicitly prohibit all forms of corporal punishments (Brazil); A - 77.29. Adopt an minimum age limit for access to the labour market which is in conformity with international standards, in particular with that which is established by the ILO Minimum Age Convention (Spain); A - 77.35. Strengthen the judicial system, in particular through the implementation of a specific legal framework which regulates the responsibility of minors and which is consistent with existing international instruments in this area (Spain); A - 77.36. Ensure that the principle of “best interest of the child” is well integrated in the draft legislation on juvenile justice and that children in conflict with the law are deprived of their liberty only as a means of the last resort (Norway); A - 77.38. Make greater effort to ensure that victims of human rights violations, most often women and children, are allowed to exercise their right to seek redress in the formal judicial system, and to prevent any practices that fall short of international human rights standards (Republic of Korea); A - 77.40. Increase its efforts to promote civil registration of the Timorese population, particularly of children (Brazil); A - 77.41. In light of what is provided in article 7 of the Convention on the Rights of the Child and with the support of the international community, improve the system of birth registration including by intensifying efforts to sensitize and mobilize public opinion regarding the advantages of birth registration in the process of establishing children’s identity and the enjoyment of their rights (Uruguay); A - 78.4. Increase and consolidate the level of public awareness of the law and of mechanisms that are available to enforce human rights, particularly among women and young girls (Portugal); A - 78.15. Effectively implement the Law against Domestic Violence by raising awareness of this law to public officials, to local community leaders and by citizenship education; and additionally discourage cultural practices that violate women’s rights, such as forced and early marriage (Germany); A - 78.18. Seek the cooperation of UN agencies, such as ILO, to combat child labour (Brazil); A - 78.25. Establish a minimum age for marriage in line with international standards (Italy); A - 78.38. Continue its efforts to offer universal education for all through the development of a greater number of primary school institutions as well as by increasing support to economically disadvantaged and vulnerable children, and providing support to children with disabilities (Costa Rica); The following recommendations were rejected: No relevant rejected recommendations. The following recommendations were left pending: P - 79.11. Amend the statute of the National Children’s Rights Commission (NCRC) to include legal competencies to undertake institutional interventions against ministries working with children’s rights and receive complaints of rights violations (Norway); P - 79.33. Continue to consult UNICEF and the NCRC in the process of finalizing the draft law on juvenile justice to ensure that the law is clear and that the procedures are appropriate and take into consideration the local context and available resources (Norway);
12th October, 9am to 12pm
UN Compilation
Stakeholder Compilation
Accepted and Rejected Recommendations