VANUATU: Children's Rights References in the Universal Periodic Review

Developments since the previous review, background of the State under review and framework, particularly normative and institutional framework, for the promotion and protection of human rights: constitution, legislation, policy measures, national jurisprudence, human rights, infrastructure including national human rights institution and scope of international obligations identified in the “basis of review” in resolution 5/1.

 

B. National measures and policies

 

Education

 

9. The Ministry of Education has formulated the following policies with a view to promoting and implementing the UN Convention on the Rights of the Child (UNCRC):

(a) Education For All National Action Plan 2001–2015;

(b) Vanuatu Early Childhood Care & Education Policy (2010);

(c) Vanuatu Education Road Map 2010–2013;

(d) Vanuatu Education Sector Strategy 2007–2016;

(e) Inclusive Education Policy & Strategic Plan (2011–2015).

 

Health

 

10. The Ministry of Health has developed the following policies to complement CEDAW and CRC:

(a) National Policy and Strategy for Healthy Islands 2011–2015;

(b) National Environmental Health Policy and Strategy 2012–2016;

(c) National Strategic Plan for HIV and Sexually Transmitted Infections 2008–

     2012;

(d) National Strategic Plan for HIV 2014–2018.

 

Action taken regarding recommendations arising from the last UPR

 

Recommendation 6: Implementation of the CEDAW and UNCRC

 

18. In 2010, the Ministry of Justice appointed a Child Desk Officer, currently housed at the DWA 4 . The Child Desk Officer coordinates the Government’s efforts to promote and implement the UNCRC as well as assist with the Government’s 2nd and 3rd CRC Report for the UN CRC Committee.

 

Recommendation 11: Ensuring equal rights for men and women

 

28. A gender mapping study carried out in 2013 identified the Ministry of Education, Ministry of Public Infrastructures and Utilities, Ministry of health as government institutions advanced in mainstreaming gender in both sectoral Ministries policies. The Ministry of Education has achieved equal enrolment at primary, secondary school and data collection in a disaggregated manner in health has improved. The Ministry of Infrastructures and Public Utilities involves women participation in the implementation and maintenance of public infrastructure and currently is in the process of designing an internal inclusive policy to achieve gender equality within the institution.

 

Recommendation 13: Reviewing the legislation on minimum age for criminal responsibility

 

31. The minimum age for criminal responsibility is 10 to 12. The police, Correctional Services Department (CSD) and DWA have recently signed a Memorandum of Understanding (MOU) to work together on best practices concerning youth juveniles. There are currently no separate detention facilities to house juvenile offenders and this has been raised to the highest level of the Government. The Juvenile Justice has now been included in the Law and Justice sector strategy as one of the key priorities for the Government to implement in2014.

 

Recommendation 20: Promoting awareness on importance of education of children

 

40. The Universal Primary Education Policy (UPE) which provides for free Education for Class 1–6 has been implemented since 2010, with an emphasis on Children with Disability (CWD) and gender equity to complete a primary education. One of the functions of school management is to provide training and awareness-building activities to school heads, communities and parents on the importance of child education with the emphasis on children with disability and gender equity 6 . There are no sanctions for parents who fail to send their children to school.

 

Recommendation 21: Establishing Child Desk Officers and ensuring access to free and compulsory education

 

41. The Child Desk Officer coordinates the national efforts in the implementation of the UNCRC. Vanuatu now provides free education at all Government owned primary schools from Class 1 to Class 6. Currently there is no compulsory education policy.

 

Recommendation 27: Taking appropriate measures to improve prison conditions

 

52. The CSD has been working with donor partners to improve conditions in correctional centres, including plans to build a new Port Vila Correctional Centre and to undertake major refurbishment of existing facilities. The planned new Correctional Centre will be complying with international standards, such as configuring accommodation to form separate units according to detainee category and accommodating needs of mothers with babies, and designating separate space for youth education in close proximity to the youth accommodation. The accommodation is also designed to be wheel-chair accessible. The new centre layouts will also provide spaces community activities (kastom activates) gardens and agriculture which will promote healthy food for the detainees.

 

55. In February 2013, the Judiciary of Vanuatu initiated a workshop on Youth Justice in Vanuatu to consider how a criminal justice process for young people could be developed and introduced into Vanuatu, so as to improve the outcomes for young offenders, their families and victims in line with the UNCRC. A Memorandum of Agreement was signed by the end of theworkshop. Signatories to the memorandum of agreement included the Judiciary of Vanuatu, Vanuatu Police, CSD, Law Commission, the Public Solicitor’s Office, State Prosecutors Office, and civil society stakeholders (including Malvatumauri National Council of Chiefs, Vanuatu Law Society, UNICEF, Vanuatu Women’s Crisis Centre and Wan Smol Bag). The Wan Smol Bag has been proactive with assisting with rehabilitation programs in collaboration with the Probation Community Services of the CSD. The Youth Centre at the Wan Smol Bag has been instrumental where life skills and rehabilitation programs are being utilised by the young offenders as arranged by the Probation Community Services with the Wan Smol Bag. Since 2008, Wan Smol Bag has assisting with youth and young offenders especially, under community based sentences of Supervision and Parole.

 

56. A Youth Symposium organised by the Law and Justice Partnership (AUSAID) Program was held at the Chiefs Nakamal in Port Vila where the Youths of Port Vila raised vital issues in relation to the social, economic, cultural and political elements towards the Government and other stakeholders. The main objectives of the Youth Symposium were to educate youths, draft a MOA, and analyse the gaps between the youth and juvenile justice agencies 11 . The Symposium resulted in the signing of a Memorandum of Agreement between different Youth groups in Port Vila and this was then presented to the Government. The Agreement highlighted the need for the Government to recognise the participation of Youths in the policy , working closely with the Government in the establishment of a Juvenile Correctional Centre, involvement in law reform discussion relating to juvenile justice, developing opportunities for working with the Government in discussing budget plans for youth issues in Vanuatu, working in collaboration with the Chiefs, the Malvatumauri National Council of Chiefs and working closely with the Police in dealing with youth issues. There was also a Youth Justice sub-committee established to keep all youths in Vanuatu updated with all youth and youth justice issues through the media and other possible means 12 .

 

Recommendation 36: Measures to eradicate corporal punishment in schools

 

68. The Government of Vanuatu bans corporal punishment in all schools 15. With the implementation of the UNCRC, parents are informed on the rights of the child including the right to education. They are aware of accountability for not respecting these rights.

 

Recommendation 41: Ensuring adequate access to quality basic health and education services

 

75. The Government of Vanuatu provides basic medical treatment and health promoting program in schools. Children with disability have integrated into the promoting program to ensure that they have access to education provided for under the Inclusive Education Policy 2010.

 

76. In rural areas there is insufficient waste collection in households and burning wastes has been employed as means of waste disposal. Communities in rural areas use private pits or VIP toilets. There are 25% of water that comes from water pipes is used for drinking and washing. Other water sources include rivers, wells, tanks and pipes 21 .

 

77. In 2012 a Memorandum of Agreement (MOA) was signed between the MOH and Red Cross Society to implement community based health and sanitation. To maintain MDG goals on health, the government chose 5 provinces to carry out a survey on basic health care. It includes screening of the ear, mouth and skin. The category of children used for this screening was Class 1 (aged 5–7). In Torba Province, 9/23 were diagnosed and another one 12/42. In Sanma there was 13/33 diagnosed, in Penama 44/82. Shefa was 14/31 and Malampa, 9/23 22.

 

Recommendation 42: Guaranteeing access to free and compulsory primary education

 

78. The Universal Primary Education Policy (UPE) provides for free education and right to access to education for Classes 1–6. The Government is yet to formulate the compulsory education policy.

 

Recommendation 43: Promoting effective efforts to keep children, especially girls, in schools

 

79. The Government through the Ministry of Education has developed a Gender Equity in Education Policy (2005–2015) with the goal of providing equal opportunities for both sexes. In 2011, 9,033 females attended secondary education and in 2012 the figure increased to 9,173. In 2012 the Gender Parity Index for secondary enrolment was 1:10; while the GER for females was 42.8% and for males it was 39.1%. There are few organizations and members of parliament that sponsor students based on their performance and merit for them to complete secondary and tertiary education 23.

 

V. Achievements, best practices, challenges and constraints

 

89. The Government of Vanuatu recognizes the progress that has been made in relation to meeting its human rights commitments and obligations. Achievements include:

 

• Completion of the 2nd and 3rd CRC Report

• Establishment of a Child Desk Officer

• Completion of the National Children Policy 2012–2013

• Completion of the Inclusive Education Policy

• Visit of the Special Rapporteur on torture

 

B. Constitutional and legislative framework

 

4. According to UNJP, CRC was being incorporated into existing national legislation. The Government had begun the process of enacting a comprehensive Children’s Law,  with the support of UNICEF Pacific. Additionally, UNICEF had compiled a Child Protection Baseline Research Report (CPBR) in partnership with the Government, which contained recommendations, including developing a comprehensive Young Offenders Act, child-friendly investigative and court processes and a comprehensive family law; and establishing a child welfare and child protection system. 

 

5. The United Nations Educational, Scientific and Cultural Organization (UNESCO) proposed that Vanuatu be encouraged to enshrine the right to education in the Constitution and to take legal measures to make education compulsory and free of charge for all. 

 

C. Institutional and human rights infrastructure and policy measures

 

8. UNJP noted that Vanuatu’s Department of Women’s Affairs had the institutional authority to effectively promote implementation of CRC and CEDAW, although they were challenged by capacity, resources and Vanuatu’s patriarchal and customary structures. 

 

9. UNJP observed that the National Women’s Development and Gender Policy was currently being developed by the Department of Women’s Affairs. The National Children’s Policy 2007-2011 underwent a review in 2012/2013. The review was currently with the Government for endorsement. 

 

Implementation of international human rights obligations, taking into account applicable international humanitarian law

 

A. Equality and non-discrimination

 

17. UNHCR recommended that Vanuatu: continue to take steps to ensure that births of all children are registered, by developing and implementing a national strategic plan for the improvement of Vanuatu’s Civil Registration and Vital Statistics’ regime which ensures that asylum seekers, refugees and persons at risk of statelessness have their births registered.

 

18. UNHCR pointed out that, according to official data from the Civil Registry of Vanuatu, birth registration coverage in the country was 75 per cent. However, a concern remained over the low rate of birth registration for children under 5, which currently reached 40 per cent. It commended Vanuatu for piloting a mobile birth registration system in 2010, which resulted in registration of close to 17,000 children in Tafea Province, or 87 per cent of all children 0-18 years. The process of birth registration was simplified by allowing information about a newborn baby to be entered into a pre-programmed mobile phone, which sent the data to a specific Civil Registry database. Further, the Civil Registry conducted awareness sessions on the importance of birth registration in different communities in Luganville followed by the registration campaign of children, free of charge.

 

B. Right to life, liberty and security of the person

 

23. UNJP reported that Vanuatu had one of the highest rates of incest amongst girls aged 15 years in the region and this continued to be a concern. In certain communities marriage between second cousins was traditionally acceptable. There were concerted efforts amongst government and its partners alike in ensuring legislation, and other frameworks were in place to protect and respond to cases of domestic violence, ill-treatment and abuse of children, including sexual abuse within the family. Measures were on-going to respond and ensure provision of support services to women and children in legal proceedings and the prevention of criminalization and stigmatization of victims.

 

24. UNJP observed that the Government had established Family Protection Units in all provincial police headquarters. The Family Protection Unit with the Vanuatu Police Department dealt with cases of non-sexual abuse of children and cases of domestic violence including sexual violence. There was no specialized police unit for child victims.  However, the Family Protection Unit in the Port Vila Police Station did provide support to survivors of abuse and sexual crimes. An opportunity existed for this Unit to develop strategies to institute a special procedure for dealing with domestic or sexual violence and special procedures for child survivors and to extend the reach of the unit outside of Port Vila.

 

25. According to UNJP, the Ministries of Justice and of Education and its partners were working closely towards putting systems in place to raise awareness of the negative effects of corporal punishment, the provision of counselling and other programmes for parents, teachers and professionals working in institutions to encourage use of other alternatives to corporal punishment. Work was ongoing in strengthening traditional protection measures to compliment the formal structures.

 

C. Administration of justice and the rule of law

 

28. UNJP stated that there was continued concern at the low minimum age for criminal responsibility (10 years) and at the age at which children could be taken into custody (16 years). There was a lack of services for victims, and especially for women and children. The proposed Children’s Act and a review of the penal code as recommended in the Child Protection baseline study would begin in August 2013. With respect to the judiciary, including the juvenile justice process, Vanuatu had undertaken measures to reform the system of juvenile justice in accordance with CRC and other related United Nations standards, and introduced training programmes for police officers and judiciary.

 

G. Right to social security and to an adequate standard of living

 

39. UNJP reported that socio-economic disparities, geographic and political difficulties facing Vanuatu had impeded full implementation of some of the human rights conventions to which Vanuatu was a party, particularly regarding children and women in its dispersed island communities, some of which were very difficult to reach.

 

41. UNJP noted that a Child Poverty and Disparity study for Vanuatu, undertaken by UNICEF Pacific in collaboration with the National Statistics Office,71 showed that children experienced three times more deprivation in rural than urban areas; however, food deprivation was significantly worse in urban areas. 

 

H. Right to health

 

44. UNJP indicated that progress in addressing under-five and infant mortality had been stagnating in the last decade. More than 80 per cent of the under five deaths occurred in the first year. There were also considerable disparities between provinces with an under-five mortality rate of less than 20 per 1000 live births in urban Shefa, and 35 per 1000 in rural Tafea and that might be due largely to reporting challenges in these areas. Considerable disparities also existed for immunization, with full immunization coverage ranging from 32 to 82 per cent in different provinces although recent efforts including a Supplementary Immunization Activity in May 2013 should see those figures improve.

 

I. Right to education

 

47. UNJP noted that the Early Childhood Care and Education Policy encouraged the use of local vernacular in the curriculum. The dual language system inherited from the colonial Condominium with England and France had been addressed through a new harmonized curriculum. Access to quality primary education had been addressed through the introduction of the school grants in 2010 creating a gender balance in enrolment. 

 

48. UNJP reported that the Vanuatu Education Sector Strategy 2006 to 2016 outlined the direction for education envisioning that all children had equal access to quality education. Since January 2010, Vanuatu operationalized its Universal Primary Education policy by introducing school grants in schools. Student enrolment had increased significantly, which posed issues for the Ministry of Education in terms of space.

 

49. UNJP observed that specific policy had been developed to address gender equality and empowerment of women, including the Gender Equity in Education Policy (2005-2015), which established a gender focal point within the Ministry of Education (currently vacant). This Policy did not address temporary special measures for women and girls in education and had yet to be integrated into the Vanuatu Education Road Map. 

 

50. UNJP reported that there was continued concern at the high levels of adult illiteracy, and girls’ high drop-out rates in secondary education as well as the low level of enrolment of girls in secondary and higher levels of education. There was a marked difference in the quality of and access to education in urban and rural/remote areas, including the lack of sufficient boarding facilities for students and in particular girls. Through the additional support of NGOs, Vanuatu was able to enhance implementation of its national action plan for education for all.

 

51. UNJP highlighted concerns about the effective transition from school to life after school. There remained too many examples of children who were either pushed out early by the system or who had completed secondary level education but were unprepared for the real world. This included entering the labour market either as an employee or as an entrepreneur. Increased access to tertiary study in general had been achieved through an increase in scholarships provided by government and development partners, although concerns remained regarding the effective targeting of scholarships to the human resource and economic development needs of the country. For long-term benefits, Vanuatu should work towards excelling in educational achievements beyond primary level. 

 

M. Right to development and environmental issues

 

57. The potential impacts unfolding due to climate change on health, survival and development would be most severe for the youngest children (0-5 years). Increased natural disasters and displacement also put access to education and protective safety nets for all children at risk.

 

C. Implementation of international human rights obligations, including international humanitarian law

 

1. Equality and non-discrimination

 

9. Vanuatu Family Health Association (VFHA) called on the Government to devise innovative strategies to remove obstacles to gender equality and to improve the lives of women and girls so they can have equal opportunity to participate in making decisions that affect their living standards and development. 

 

10. TV further observed that Vanuatu still discriminated between other countries’ citizens marrying Ni-Vanuatu. Generally, Ni-Vanuatu men, who married foreign citizens, could give their spouse and children entitlement to citizenship, but Ni-Vanuatu women could not. An adopted child was automatically a citizen of Vanuatu if his or her adoptive father was a citizen but not if his or her adoptive mother alone was a citizen. Foreign women could gain citizenship if they married a Ni-Vanuatu man but a foreign man could not gain automatic citizenship if he married a Ni-Vanuatu woman. Ni-Vanuatu women could regain citizenship after a marriage breakdown, but Ni-Vanuatu men could not, which was discriminatory against men. This was a violation of the fundamental rights to equality under Article 5 of the Constitution of the Republic of Vanuatu and was also contrary to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

 

2. Right to life, liberty and security of the person

 

11. DPA reported that the Vanuatu Women’s Center’s Study on Violence against Women and Children 2010-2011 revealed that 60 per cent of women experienced physical and/or sexual violence in their lifetime by husbands/partners. The study found more than 1 in 4 women experienced physical violence by non-partners. It also found that 1 in 3 women experienced child sexual abuse under the age of 15, and sexual violence over the age of 15. Although this data was not disability inclusive, DPA alleged that it highlighted the increased risk and vulnerability of all women and girls, in particular women with disabilities who had much more limited access to legal, health and protection services. 

 

12. DPA referred to the Pacific Sisters with Disabilities at the Intersection of Discrimination Report which highlighted that women and girls with disabilities were at greater risk of all forms of violence: at home, in their community and in institutions.

 

15. According to Global Initiative to End All Corporal Punishment of Children (GIEACPC) corporal punishment was lawful in the home and alternative care settings. 

 

16. Additionally, GIEACPC reported that there was no provision for judicial corporal punishment in the Penal Code 1981, the Criminal Procedure Code (amended 2003) or the Island Courts Act 1983 (amended 2006); and the Constitution 1980 (amended 2004) recognized the right to freedom from inhuman treatment (article 5). However, corporal punishment was reportedly used in rural areas as a traditional form of punishment favoured by chiefs. GIEACPC had been unable to ascertain the legality of this. Furthermore, in research by UNICEF, police officers reported that they administered corporal punishment in 2% of cases per month where children committed a crime. 

 

17. GIEACPC reported that corporal punishment was prohibited in schools 21 and that corporal punishment was not among permitted disciplinary measures in the Correctional Services Act, although there was no explicit prohibition. 

 

18. GIEACPC recommended that legislation be enacted in Vanuatu to explicitly prohibit corporal punishment of children in all settings, including the home, as a matter of priority. 

 

6. Right to health

 

25. According to the VFHA, Vanuatu had made significant progress in achieving the International Conference on Population and Development (ICPD) and Millennium Development Goal (MDG) targets through implementation of the country’s Priority Action Agenda (PAA). The Government had formulated and adopted the National Population Policy, 2011- 2020 which aimed to achieve 4 goals including: reducing the teenage fertility rate and maternal mortality and morbidity; closing the population data gaps and applying analysis of census and survey data to support integrated population-development planning and the National Reproductive Health plan, which addressed reproductive health issues. 

 

26. VFHA reported that the Government had been actively expanding its collaboration with non-state actors/NGOs to upscale the Reproductive Health care, set up Family Planning (which contributed to reducing maternal & child mortality) and HIV Prevention of Mother to Child Transmission and Voluntary Counselling and testing clinics in all hospitals, health centres, and NGO clinics; human resource development; and was on course to fully integrate family life education (FLE) into school curricular. 

 

27. VFHA commented that indicators showed a reduction in the total fertility rate for women aged between 15-49 years at 3.9 in 2009 from 4.3 in 1999 (census report, 2009).  Despite the significant progress in the past year, it was clear that many preventable conditions such as teenage pregnancy, maternal and child mortality, and sexual infections including HIV continued to occur.

 

31. VFHA suggested that the Government: ensure stronger national/political commitment to implementation, undertake more research and analysis of population issues especially the high rates of teenage pregnancy and maternal mortality; build capacity and provide relevant information to the school administration and teachers to fulfil the rights of their students both to attain better health and to prepare them for adulthood and protect them from sexual exploitation and abuse; speed-up implementation of FLE and roll it out to all school levels from year 8 to tertiary; strengthen youth friendly services and peer education programs for out-of-school young people; put the newly graduated nurses on the Government payroll; and include reproductive health commodities, particularly contraceptives on the Government list of essential drugs. 

 

7. Right to education

 

36. TV stated that in 2010, the Government of Vanuatu through the Ministry of Education adopted the Vanuatu Education Road Map (VERM) and one of its core policies was the introduction of the Primary Education Grant Policy. This policy aimed to make primary education free from years 1 to 6 as part of the Millennium Development Goals (Goal 2) and to eliminate barriers that restricted children from attending school, thus making education more accessible than before.

 

37. According to TV, most people in Vanuatu did not understand the purpose of the Grant Policy and how it operated. TV called on the Government to carry out more awareness to parents and Parent Teacher Associations at the commencement of each school year including information on what the Grant can and cannot be used for as well as the application of any additional funding they may be asked to contribute towards the schools running costs throughout the year. Further, the Government must also make sure that audits take place every year, to ensure the grant is being applied in accordance with the grant specifications. The right to education in Vanuatu remained a major challenge for the country to achieve.

 

38. DPA observed that there were some progressive changes in the Education Act which guaranteed free and compulsory education for children with disabilities.  DPA reported that although an inclusive education policy had been launched in Vanuatu in 2011, there had been no implementation. DPA recommended that the Government implement the inclusive education policy as soon as practicable.