COMMITTEE ON THE RIGHTS OF THE CHILD REVIEWS REPORT OF THE LAO PEOPLE’S DEMOCRATIC REPUBLIC
The Committee on the Rights of the Child today examined the second periodic report of the Lao People’s Democratic Republic on how that country is implementing the provisions of the Convention on the Rights of the Child.
Introducing the report Sysay Leudedmounsone, President of the Lao Women’s Union and Permanent Deputy Head of the National Commission for Mother and Children, said the Government of the Lao People’s Democratic Republic attached great care to the promotion of the comprehensive development of children and the protection of the rights and interests of women and children, including their healthcare. The capacity of the National Commission for Mothers and Children, a national coordination mechanism for children’s and women’s affairs, had been increased. Several programmes had been developed in the area of maternal and child health, addressing nutrition, prevention of mother-to-child transmission of HIV/AIDS, and access to health care in remote areas. Over 12 per cent of the budget had been allocated to the educational system in 2008 and the number of children in primary schools increased to 93 per cent in 2009. The National Assembly had ratified five conventions on human rights and the two Optional Protocols to the Convention on the Rights of the Child, reaffirming the commitment of the Government to the promotion and protection of human rights, including the rights of women and children.
In preliminary concluding remarks, Kamla Devi Varmah, the Committee Expert serving as Rapporteur for the report of the Lao People’s Democratic Republic, said that some challenges remained for the Lao People’s Democratic Republic and the development of its people. Ms. Varmah assured the delegation that all the comments and questions offered by the Committee were made with the best interest of children at heart.
Other Experts raised a series of questions during the discussion about a number of issues, including: the issue of birth registration, particularly in remote areas where parents often failed to do it due to long distances and a long wait for birth certificates; the coordination system for children’s policy and the role and the structure of the National Committee; the juvenile justice system and children and youth in conflict with the law; child labour; sexual exploitation; and street children. On the issue of the budget, the delegation was requested to explain how it intended to improve and increase funding for health and education, which, according to the World Bank stood at only 2.3 and 0.6 per cent of the gross domestic product respectively in 2009. Committee Experts also asked how the Government planned to resolve the structural problems in the health system, including its funding, disparities between regions and income groups in access to health services, and what strategies were in place to develop primary and community-based health care.
The Committee will release its formal, written concluding observations and recommendations on the report of the Lao People’s Democratic Republic towards the end of its three-week session, which will conclude on Friday, 4 February 2011.
The delegation of the Lao People’s Democratic Republic included representatives from the Lao Women’s Union, the National Commission for Mothers and Children, the Ministry of Justice, the Ministry of Foreign Affairs, the Ministry of Labour and Social Welfare and the representative of the Permanent Mission of the Lao People’s Democratic Republic to the United Nations Office at Geneva.
As one of 193 States Parties to the Convention, the Lao People’s Democratic Republic is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand this morning to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes in public at 10 a.m. on Friday, 28 January 2011, it will review the fourth periodic report of Ukraine on the Convention on the Rights of the Child (CRC/C/UKR/4), and the initial report of Ukraine on the Optional Protocol on Children in Armed Conflict (CRC/C/OPAC/UKR/1).
Report of the Lao People’s Democratic Republic
The second periodic report of the Lao People’s Democratic Republic (CRC/C/LAO/2) covers the period from 1997 to 2005 and presents the progress and challenges in the implementation of the Convention on the Rights of the Child. The country’s general situation has changed since the last report, particularly as regards the size and make-up of the population; the Constitution and some important laws have also been amended, and new laws passed. Even though the Lao People’s Democratic Republic enjoys advantages and potential in several areas, including a wealth of natural resources, the gap in development between urban and rural areas and between the different sections of society, remains large. Progress in economic and social development, coupled with income inequalities and lack of resources to control borders may encourage trafficking in women and children, the exploitation of child workers, prostitution and drug-trafficking. The consequences of the economic and financial crises that hit South-east Asia in 1997, compounded by rampant inflation, also affected the Lao People’s Democratic Republic. It will therefore not be easy for the Government to resolve child-related problems with the inadequate domestic resources at its disposal. Since 1998, more than 50 laws designed to make the Lao People’s Democratic Republic a constitutional State were passed, some of which contain provisions to protect and guarantee the rights, freedoms and interests of Lao citizens, including children. The status of international conventions within the domestic legal system remains unclear. The Act on the Family, the Act on Lao Nationality, coupled with Lao tradition establish conditions that are more conducive to implementing the rights of the child, as recommended by the Convention.
There are as yet no independent organizations dedicated to the promotion and protection of the rights of the child specifically, nor are there any national non-governmental organizations; mass organizations exist instead, two of which are connected with the rights of the child, namely the Lao Women’s Union and the Lao People’s Revolutionary Youth Union. The Government aims at reducing poverty and lifting the country out of its status as one of the least developed countries by 2020. This was at the core of both the fourth and the fifth five-year plans and of the national programme for the elimination of poverty. A juvenile justice system as such has yet to be established, but the amended Act on the People’s Courts stipulates that the People’s Supreme Court is to be composed of a number of Chambers, including a Children’s Chamber responsible for cases concerning children more particularly. This Chamber was set up in 2003. The Ministry of National Education is in the process of considering the inclusion of information on the rights of the child in the teaching system, and, above all, the training of teachers in School Clusters. The seventh Congress of the Lao People’s Revolutionary Party in 2001 adopted the strategy for basic health development from 2001 to 2020 which saw the Government focusing on above all on preventive measures at family and community levels. It has improved care services in the district and provincial hospitals and in the dispensaries. Epidemics such as cholera and haemorrhagic dengue fever were kept within limits, resulting in a corresponding fall in the rates of death and morbidity, especially among mothers and children; average life expectancy of the Lao population reached 61 in 2005, up by 10 years since 1995. In spite of the progress that has been achieved, the Lao children still suffered increased infant and child mortality rates.
Presentation of Report
SYSAY LEUDEDMOUNSONE, President of the Lao Women’s Union and Permanent Deputy Head of the National Commission for Mother and Children of the Lao People’s Democratic Republic, said that the Government of the Lao People’s Democratic Republic attached great care to the healthcare of women and children, the promotion of the comprehensive development of children and the protection of the rights and interests of women and children. Legal measures had therefore been taken, and as a result, the Lao People’s Democratic Republic enjoyed achievements in various fields which had brought about improvements in the livelihoods of women and children. The sixth five-year plan for national socio-economic development 2006-2010 aimed to achieve economic growth of 7.5 per cent and alleviate people’s poverty. The Government had approved new legislation and policies to ensure the promotion of children’s rights had been ensured in the society. The National Commission for Mother and Children, which was a national coordination mechanism on children and women affairs, had been improved, and its capacity increased. In the area of maternal and child health, several programmes had been developed, including the national strategy on nutrition, the strategic programme on comprehensive services for mother and child, the policy on prevention against mother-to-child transmission of HIV/AIDS, and increased access to health care in remote areas for women and children.
Education had been another priority for the Government, with over 12 per cent of the budget allocated to the educational system in 2008. The Education Development Framework 2009-2015 had been approved, while the number of children in primary schools increased to 93 per cent in 2009. Gender equality in education had been promoted to increase education opportunities for girls. More attention was paid to the care and protection of women and children against all kinds of risks and life-threatening diseases and national plans of action against trafficking in persons and child exploitation had been promulgated in 2008. The Government had created favourable conditions for children and youth to contribute to social and cultural activities in the country, including the participation of Lao children in the World Conference on Children’s Issues in 2007. In recent years the National Assembly had ratified five conventions on human rights and the two optional protocols on the Convention on the Rights of the Child, which had reaffirmed the commitment of the Government of the Lao People’s Democratic Republic to the promotion and protection of human rights, including the rights of women and children. In closing, Mrs. Leudedmounsone reiterated the commitment of the Government and its consistent policies and measures for the promotion and full respect of children’s rights in the Lao People’s Democratic Republic.
Questions by Experts
KAMLA DEVI VARMAH, the Committee Expert serving as Rapporteur for the report of the Lao People’s Democratic Republic, said that the Lao People’s Democratic Republic remained one of the least developed countries in the South-East Asian region and that the Committee had appreciated the commitment of the Government to reduce poverty by 2020. Despite impressive economic growth, disparities remained between urban and rural areas and between different ethnic groups. There was an urgent need to address hunger, malnutrition, infant mortality and maternal health, and access to primary education for the Laotian children, the Committee said.
Did the Government intend to ratify other United Nations conventions, such as the Hague Convention and others? The lack of data collection and analysis was a risk to socio-economic development and the Committee wished to hear from the delegation on whether there were any initiatives to improve data collection in the country. Judges and law officials were receiving training, however some of them were not fully acquainted with the Convention and it was not clear how awareness was undertaken. What measures did the Government take to promote the Convention among the citizens of all ethnic groups and to train appropriate officials working with children?
Turning to the registration of birth in the Lao People’s Democratic Republic, Ms. Varmah said it appeared that the system was not clear and that birth registration had not been consistently carried out. The issue was particularly relevant for people living in remote areas, who often failed to register a child and get a birth certificate, since it involved travelling a long distance and a long wait. What were the measures the Government was undertaking to ensure all children were registered and received birth certificates? It appeared that registration of non-profit associations took an extremely long time and civil society appeared to be non-existent.
Ms. Varmah asked about civil society in the Lao People’s Democratic Republic and their participation in the preparation of the report. Discrimination still affected children in various instances, particularly on the basis of gender, ethnicity and language, particularly in rural areas. What were the measures undertaken to prevent discrimination and was there an independent complaints mechanism to deal with discrimination? Furthermore, Ms. Varmah asked about the possibility of introducing multilingual education in schools and wished to know more about the treatment of refugees in the Lao People’s Democratic Republic.
An Expert noted that most programmes for children were dependent on external funding and asked if there were any plans to have a domestic national plan for children. Who had the responsibility for policy coordination for children, and if it was the National Committee, what was its structure and competencies? Concerning an independent monitoring and complaint mechanism, were there any plans in the Lao People’s Democratic Republic to create a children’s ombudsman?
The delegation was also asked about the principle of the best interest of the child which seemed to be incorporated in the legislation, through laws on family, asylum and others. Nevertheless, it appeared that those were statements of principles, rather than practical applications of this principle. The best interest of the child meant that lawmakers had to put children at the centre of decision-making and family court judges and others must apply this principle. How did they use the principle in practice? Had courts in the Lao People’s Democratic Republic made any decisions so far, using this principle? The Lao People’s Democratic Republic had pecialize the issue of domestic violence, which was a tremendous progress. What was the Government doing to prevent violence against children in domestic environments? What has been done to prohibit all forms of corporal punishment, which was still used in schools, for example?
On the issue of the budget, an Expert pecialize that the budget allocation for health and education had been remarkably increased in the previous years; the report mentioned billions of kip provided for socio-economic development. Still, despite the increase, those sums were not sufficient to finance all that needed to be done in the country to reduce poverty and protect rights of children. According to the World Bank, only 2.3 per cent of gross domestic product had been allocated to health, and only 0.6 per cent to education in 2009. Could the delegation comment and explain how it intended to improve the situation? The use of the internet by children had increased exponentially, which was a positive development but also a source of concern; was the Government able to establish any sort of control and ensure safety of children?
Other Experts asked a number of questions, pertaining to, among other things, the right to worship and freedom of expression; the integration of children, their rights and interests within the National Poverty Eradication and Growth Strategy and earmarked resources for children’s programmes; the views of the Government on gender-based violence and the actions to combat it; and whether there were intentions to improve the treatment of children by courts. Committee members further wished to know more about the definition of the child in the Lao People’s Democratic Republic, particularly in connection with legal and medical pecialize without parental consent and about their right to be heard.
Response by the Delegation
Responding to those questions and others, the delegation said that dissemination of the Convention was done through its integration in school curricula, through the mass media such as television and radio, and through printed educational materials such as brochures and leaflets. Due to the lack of resources, the Government was not able to reach all people, particularly in remote provinces and in the rural areas. The National Commission for Mother and Children was the policy-making body for children’s issues and was in charge of the implementation of the five-year development plans. The rights of children were fully incorporated in those development plans, the delegation said and children’s activities had received a 33 per cent increase in financial allocations. The seventh five-year plan addressed the issue of gender-based discrimination and girls’ education, and promoted the education of the girl-child. Concerning multilingual education, the delegation said that the language of teaching was Lao and that local dialects were present as well.
In terms of legislation, the delegation said that the principles, norms and rules of the Convention on the Rights of the Child had been integrated in the local legislation and its provisions were disseminated among judges and police officers and in both urban and rural areas. Social workers and other professionals working with children received adequate training and were engaged with the practical implementation of the provisions of the Convention. Regarding the right of the child to receive legal assistance and pecialize without parental consent, the delegation said that legal pecialize were available to the children also before they were charged with an offence. Turning to domestic violence against children, neighbours, relatives and the community members could report cases to the head of the village for minor offences against children. A child could complain to the police as well. In cases involving serious offences, village reconciliation units would be called in, who could then contact the police and the court.
Following-up on this explanation, the Committee underscored that the status of the Convention in domestic law was not clear, so what was its place and how were conflicts handled? How was the work on dissemination of the principles of the Convention, and particularly on the right of the child to be heard, done at the family and community level? Responding, the delegation informed the Committee that contradictions or conflicts between domestic law and international texts and instruments were resolved according to the principles of the international law. The legislation fully mentioned that children must be asked if they wanted to be heard and their opinions must be sought.
On non-profit organizations, the delegation said there were three types in the Lao People’s Democratic Republic: the so-called official ones which grouped different sections of the society, the mass-organizations such as the Federation of Women’s Unions, or youth and workers’ unions which had a national network extending from the capital to villages. Civil society associations, such as associations of students or lawyers, for example, were the second category, and finally, non-governmental organizations, which were international associations and were under the auspices of the Ministry of Foreign Affairs.
On Hmong refugees and returnees, the delegation said that since 2000 there were no more Lao refugees in Thailand, they had been repatriated, decided to stay in Thailand or went on to third countries; the office of the United Nations High Commissioner for Refugees in the Lao People’s Democratic Republic had been closed in 2000. Those Laotians who had recently went to Thailand, were not refugees but were considered illegal immigrants in Thailand and returnees in the Lao People’s Democratic Republic upon their repatriation. Some 8,000 of them, mainly Hmong, had been repatriated and were either sent back to their native villages or were grouped in settlement villages where they would enjoy the same rights as other Lao citizens.
Following-up on this explanation, the Committee underscored the concern for 85 repatriated Hmong children; nobody had independent access to those children without the presence of the State party. What was happening to them and what access to health and education did they enjoy? The delegation said that those Hmong returnees who used to derive livelihood from slash-and-burn cultivation, were now left without land or property as they sold everything to traffickers to get them to Thailand. Those people now asked the Government to take care of them and the Government had created three settlement villages where they received shelter and a plot of land and enjoyed all rights of Laotian citizens.
Most of the population of the Lao People’s Democratic Republic were Buddhists, with the presence of some Christians, Muslims and animists. The press had recently written articles about discrimination against religious minorities, particularly Christians. Sundays in the Lao People’s Democratic Republic were reserved for communal activities, which clashed with religious practices of Christians. Conflicts between villagers were also created by missionaries who would distribute food or clothing but only to Christians; when those conflicts occurred, authorities had to intervene, fuelling the rumours that religious minorities were prosecuted, which was not the case.
On birth registration, the delegation said that national law of 1992, amended in 2010, regulated the issue, but their effective implementation could not be achieved. The delegation was very interested in receiving comments and suggestions from the Committee on how to address the issue of birth registrations.
Asked about independent monitoring mechanisms, the delegation explained that the National Commission for Mother and Children had the mandate to coordinate and monitor the activities related to the Convention. An Expert asked who was monitoring the Commission, and another added that this was not in line with the Paris Principles, which called for an independent monitoring organization. Corporal punishment was prohibited by law and the Government was in the process of considering the signing of the Convention on Torture. The National Committee on the Internet, chaired by a minister and composed of government and civil society, aimed to provide access to the internet while protecting the population from exploitation, pornography and other risks.
Further Questions by Experts
KAMLA DEVI VARMAH, the Committee Expert serving as Rapporteur for the report of the Lao People’s Democratic Republic, in a second round of questions and comments, asked about the laws governing adoption and the monitoring of national and international adoption to ensure the best interest of the child. Did the Lao People’s Democratic Republic intend to ratify the Hague Convention on adoption? Access to health was problematic in rural areas due to distances and lack of roads; estimated maternal death was the highest in the region and very alarming. Traditional practices in childbirth still existed.
Ms. Varmah asked about the measures being taken to provide antenatal, prenatal and obstetric care closer to rural women; infant and child mortality rates were among the highest in South-East Asia, and there was practically no routine vaccination or use of antibiotics. How was the Government providing all infants and children with the necessary health care throughout the country and without discrimination? What were the measures to promote exclusive breastfeeding throughout the country and how was the marketing of breast milk and its substitutes regulated? On education, the Committee asked if primary education was free and compulsory, whether human rights education was included in curricula, how were teachers paid, and others.
Other Experts then asked a number of questions, including on children with disabilities and how much had been achieved in developing community rehabilitation services; what was the position of the Government on avoiding excessive pecializedsation and what was the situation of children staying with families and those in residential care; the translation and availability of the Convention in the four ethnic languages; and how did the Government plan to resolve the structural problems in the health system, from its funding, disparities between regions and income groups in access to health services, primary health care strategies and community-based health strategies, high neonatal mortality rates, nutrition, vaccination and others.
Experts also wished to know about policies and activities on adolescent health and services available to youth and adolescents and also on harmful traditional practices, such as early marriages. On abuse and neglect, an Expert wished to know what measures were taken to ensure safe environments for children and what measures were taken to support parental responsibility.
Response by the Delegation
To reduce maternal and infant mortality, the Lao People’s Democratic Republic had a policy of inclusive health care for mothers and children; malnutrition had been included in the five-year development plan. The Lao Women’s Union played an important role in working on the issues related to women and children; it had pecialized units at all levels providing services in the area of nutrition. Turning to the budget for health care, the delegation said that until now, the budget allocated for health stood at 35 per cent. Exclusive breastfeeding was promoted by disseminating the information and raising awareness through drama, radio and television campaigns in different languages, the delegation said.
Primary education was compulsory and free for all and the Government offered incentives to teachers willing to teach in remote schools. In terms of payment of teachers, the delegation explained that they received salaries in general and also honorary distinctions. Incentives and support were offered to well-performing students, for example in the form of loans and scholarships. Asked about free access to education for teenagers, the delegation said all Lao citizens had the right to free education in public schools; private schools charged tuition fees.
Child adoption was allowed with parental consent, and the child’s consent was required in cases involving children over 12 years of age. In 2009 there were 10 international adoptions, which were decided upon on a case-by-case basis, with the best interest of the child as a guiding principle. There was no monitoring system for international adoptions and the Government was considering signing the Hague Convention on inter-country adoptions. Child abuse issues were usually solved within the family, but legal proceedings were employed in severe cases. The Lao People’s Democratic Republic had a memorandum of understanding with Thailand concerning the movement of children and child trafficking. The legal age for marriage was 18 years, thus making early marriages in the Lao People’s Democratic Republic illegal, even in case of pregnancy. Early marriages were considered an increased risk of divorce and social problems.
Concerning children with disabilities, the Lao People’s Democratic Republic had signed the Convention on the Rights of Persons with Disabilities in 2008 and ratified it in 2009. Inciting people to leave the Lao People’s Democratic Republic was illegal, the delegation said. The border with Thailand was a long one, and people spoke a similar language, which made it more attractive for illegal workers from the Lao People’s Democratic Republic. The Government had conducted an information campaign among the population explaining the unfortunate consequences of illegal migration to Thailand, and had taken other measures as well, such as putting a halt to illegal movements and creating conditions for repatriation, with particular attention to children.
Asked if children with disabilities had been involved in the 2005 revision of the law on education, the delegation said that the Government was currently in the process of designing inclusive education for children with disabilities, ethnic and minority children. There were four main linguistic groups in the Lao People’s Democratic Republic, containing 49 separate languages, most of which did not have written languages; radio and television programmes were broadcast for those language groups with written languages, such as Hmong or Khmer, and this was used also to disseminate all laws and regulations, including those on children’s and other rights.
Social welfare funds were available to Government staff and private companies’ employees; in addition, there were committee-based funds for social welfare and policies for poor children, which included free access to health care. Children with disabilities could enjoy different education programmes, including sports activities. Regarding human trafficking, the delegation said that the Deputy Prime Minister was a Chairman of the Committee against Human Trafficking, and different ministries were involved in activities against human trafficking, including the Ministry of Interior, the Ministry of Labour and Social Welfare and Lao Women’s Union.
With regard to HIV/AIDS, the country was hopefully in the low prevalence range, the delegation said. There were substantive programmes on HIV/AIDS, including awareness raising, information dissemination and education of the general public, migrant workers and soldiers. It was a cross-border issue, so the Government was working with other countries on the education of migrant workers. HIV positive individuals were supported in combating pecializeds and home care programmes were available. The fact that the country had a low prevalence rate did not mean the country was safe, the delegation said, and therefore a lot of efforts were invested in prevention and education, including the prevention of transmission of the virus from mother to child. The Lao People’s Democratic Republic had still a lot to do to improve detection and therefore full data and statistics was not available.
Regarding the wellbeing of children in temples, pagodas or SOS villages, and how it was monitored, the delegation said that there were six centres, so called Lao SOS villages, across the country, which had received more than 600 children, half of whom were orphans. Children suffering from malnutrition were also accepted. Children living in pagodas and temples were mostly students of monks and the Government did not have numbers for those children. In Vientiane, the capital, there was a project called Friends International to provide support and services to children living outside a family environment. Removal of children from a family environment was possible when a child committed an offence; some of the children living in pagodas or temples were sent there by parents as those were places known for discipline and structure. Child abuse in pagodas or temples was dealt with by temple or village authorities.
Further Questions by Experts
KAMLA DEVI VARMAH, the Committee Expert serving as Rapporteur for the report of the Lao People’s Democratic Republic, in a third round of questions and comments, asked if public libraries were available to the children of the Lao People’s Democratic Republic and what happened to students who dropped out, particularly girls. Schools still did not have a full five grades, Ms. Varmah noted and asked what the plans in this regard were.
Other Experts then asked a number of questions, including about children of women in prison; the legal minimum working age; street children, in particular on the issue of their sexual exploitation; and the death penalty for children and the definition of a minor in the Penal Act. Who exactly was involved in rendering juvenile justice and what happened to children committing an offence before the age of 15?
Experts also wished to know more about education, namely how it was funded and how the budget was allocated; on compulsory education, which was now set at five years, did the Government have plans to extend this as five years were too short to equip children with basic competencies they needed? Children did not learn only in schools, but also in libraries, zoos, playgrounds; were those resources available throughout the country? Concerning children in conflict with the law, there were no statistics about those cases and it seemed they were not always informed about why they were detained. How did mediation in the village work and in particular the child protection network? Further on education, did the Lao People’s Democratic Republic have an early childhood education policy to better prepare children for primary education, reduce drop-out rates and ease the transition from mother tongue to Lao, an official language in schools?
Turning to child labour and child exploitation, a Committee member said he was pleasantly surprised to hear about child protection networks at the local level. Could the delegation provide exact information on mobile vocational training activities? Was the labour inspection system well adapted to local circumstances, particularly for the informal sector which employed quite a large number of children and from an early age?
Budget allocation for health and education should be expressed in the percentage of gross domestic product, the Chairperson said, while the delegation was speaking in terms of the percentage of the national budget. Could the delegation comment on this?
Response by the Delegation
Concerning the budget allocation for health in terms of percentage of gross domestic product, the delegation said that in 2009 it stood at 7 per cent. In the Lao People’s Democratic Republic there was a National Library, and libraries at the provincial and district levels. Mobile libraries were available at the village level. Gender disparity in school drop-outs was a concern of the Government which had created village development groups to provide villages with schools and education strategies so as to improve access to education for children. Drop-outs who had not completed primary education could benefit from different training programmes. The delegation confirmed that the compulsory primary education was five years and said the Government had a policy on early childhood education, which promoted language learning at the village level through village assistants. It was rare for a child of an incarcerated parent to stay in prison with the parent. One of the future tasks in combating human trafficking was to promulgate the law; nevertheless the current law already mentioned penalties for this criminal act.
The village reconciliation units were normally concerned with mediating on minor issues such as land or animals, and were composed of men, youth, women and civil society pecializeds trained in law and justice. Juvenile justice was a new phenomenon in the country; the spirit of the Lao was not to punish those committing offences, particularly children, but rather re-educating them and making good citizens out of them. Regional courts, covering several districts, were established which had a jurisdiction for medium level offences. Provincial courts had higher-level competence; both courts could pronounce sentences at primary level, which could be appealed to the People’s Supreme Court, which also dealt with extreme offences. Juvenile courts had not yet been established, due to resource constraints. Children less than 14 years of age who committed an offence would be sent to their parents; those at the age of 16 would receive a sentence. The death penalty was not applicable for children in the Lao People’s Democratic Republic.
The justice system in the country was based on proximity, whereby the community played a big role in reintegrating a young person, but an Expert wanted to know how the community approach could intervene in major offences, such as murder for example. Due to low education levels in the country, the enforcement of sanctions was difficult, the delegation said. The application of sanctions started at the age of 15; younger children were returned to their parents. Most offences committed by children less than 15 years of age were minor offences. An Expert said that the Government should continue to apply the community approach for minor offences, but pecialized courts needed to be established for juveniles committing serious offences such as murder or rape.
On human trafficking, the delegation said that during 2001-2007, there had been over 1,600 victims of trafficking, mostly women and children. Most victims were from Thailand. The Government had undertaken various measures to combat human trafficking in cooperation with the National Commission for Mothers and Children, a number of ministries, state prosecution and other organizations.
Speaking of child labour, the delegation noted that the Lao People’s Democratic Republic was a poor country, so child labour was practiced for simple activities such as planting or raising animals. There were a number of organizations working with the Ministry of Labour and Social Welfare on combating sexual exploitation and abuse, who worked in close collaboration with the police. Children under the age of 18 could not be recruited into the army, however, children aged 14 to 18 could be employed in difficult areas such as underground or working with chemicals, but only six hours per day. The law prohibited illegal use of child labour, the delegation said.
Asked about the vocational education system, the delegation explained that the Government regarded vocational and technical education as very important and saw it as a way out of poverty and underdevelopment. Apart from schools belonging to the Ministry of Education, there were institutions run by the Ministry of Labour and Social Welfare. Drop-out students could access vocational and technical schools, together with students from primary schools. There was also an out-of-school programme. Street children were provided with assistance and services, including health and education and literacy training; some of the programmes were run in cooperation with Friends International.
An Expert noted that there were a number of children’s associations in the country and asked if they participated in the preparation of reports to the Committee on the Rights of the Child; the delegation explained that pupils and students were involved and it expected that their participation would be improved in the preparation of reports of the two Optional Protocols.
Preliminary Concluding Observations
KAMLA DEVI VARMAH, the Committee Expert serving as Rapporteur for the report of the Lao People’s Democratic Republic, in preliminary concluding observations, thanked the delegation for the exhausting and frank dialogue and said that some challenges remained for the Lao People’s Democratic Republic and the development of its people. The Committee would prepare its concluding observations on the report and assured the delegation that all the comments and questions were made with the best interest of children at heart.
SYSAY LEUDEDMOUNSONE, President of the Lao Women’s Union, Permanent Deputy Head of the National Commission for Mother and Children, thanked all the members of the Committee for their dynamic contributions that would be useful to the Government in the implementation of the rights of the child in the Lao People’s Democratic Republic. The delegation was very proud of the Government’s considerable achievements in women’s and children’s affairs, thus leading to consistent improvement in their lives and livelihoods. The Government and the National Commission for Mother and Children were currently discussing with the international community the way forward in addressing the remaining challenges in the implementation of the Convention on the Rights of the Child.
It was not to be forgotten that the Lao People’s Democratic Republic was a developing country with a sensitive economy vulnerable to global economic and financial crises and climate changes, which had slowed down the achievement of the Millennium Development Goals. Like other developing countries, the Lao People’s Democratic Republic needed international cooperation in addressing women’s and children’s issues, fulfilling its international commitments and reaching the government goal of removing the country from the United Nations List of Least Developed Countries by 2020. In closing, Ms. Leudedmounsone reiterated the commitment of the Government to building a world fit for children in which they fully enjoyed their rights in peace and security.
For use of the information media; not an official record
CRC11/009E