Committee on the Rights of the Child
Sixty - second session
14January – 1February 2013
Implementation of the Convention on the Rights of the Child
List of issues concerning additional and updated information related to the consideration of the initial report of Niue (CRC/C/NIU/1)
Addendum
Written replies of Niue *
Part I
Reply to the issues raised in part I, paragraph 1, of the list of issues (CRC/C/NIU/Q/1)
1.To harmonize the multiple sources of law and review those that are out-dated, the Government of Niue is undertaking considering “Family Law Code Reform”.
2.This commenced with the Family Law Code 2007. The Family Law Code 2007 is a reprint and consolidates relevant sections from the Niue Act 1966, the Niue Amendment Act (No.2) 1968 and the Property Law Act. Specific Acts of family law relevance such as the Administration Act 1969, the Adoption Act 1955, the Child Allowance Act 1995, the Guardianship Act 1968, the Wills Act 1937 and the Wills Amendment Act 1852 have also been included. The reprint makes no change to the law and presents all the relevant general family law in one place in order to facilitate its application and its reform. [Editorial Note, Family Law Code, 2007].
3.Niue’s Family Laws have come from a number of different sources and have been incorporated into the law of Niue at different times. One result of this is that the laws do not always fit easily with one another. They frequently reflect the cultural situation of the place from which they were borrowed, at the time at which they were borrowed, thus presenting the law unevenly.
4.The first stage of Family Law Code Reform deals with a number of key issues that may be the subject of reform and deals primarily with matters of principle. These issues will also be considered in line with the Convention.
5.The following areas have been identified:
-Marriage – minimum age for marriage, relationships other than marriage – de facto and same sex relationships
-Age of majority
-Domicile
-Void Marriages
-Separation
-Divorce
-Guardianship
-Maintenance-Child
-Maintenance - Spouse
-Matrimonial Property
-Wills
-Succession
6.A Family Protection Bill was drafted in 2010 and aims to preserve and promote harmonious family relationships and prevent domestic violence in all levels of society in Niue. There is consideration for this Bill to be part of family law reform rather than having a separate piece of legislation.
Reply to the issues raised in part I, paragraph 2 of the list of issues
7.The National Coordinating Committee for the Convention on the Rights of the Child (NCCRC) was established on 17 March 1998 by Cabinet (CM(97)395). Each member was appointed for three years. The Chair was the Minister for Education and later changed to the Secretary to Government.
8.The Committee is comprised of members that represent sectors from government departments and also the community such as religious groups. The Committee does not meet regularly but on an ad hoc basis and for the purpose of considering matters relating to the Convention on the Rights of the Child. The first task of the Committee was a public launch of the Committee and the Convention itself. Following this in 1999 a consultant was appointed to work on completing the Niue National Communication Report, to facilitate sectoral consultations and to compile Niue’s first national report to the Committee on the Rights of the Child. The consultant did prepare a draft report; however due to a number of reasons the report was not progressed. Other tasks involved each committee member reporting and monitoring their respective areas for the Convention.
9.In 2001, with end of the first term, membership for the Committee was renewed.
10.In 2002 further work to revive the report under the Convention on the Rights of the Child was made, and the responsibility for the report was shifted from Community Affairs to the Education Department. This involved a visit from United Nations Children’s Fund (UNICEF) representatives and a workshop was held with the Committee members to develop a plan for completion of the Niue report.
11.In 2004 a further workshop was held by the Committee with UNICEF representatives to discuss the process to complete the draft report. In addition, the Committee worked on a report with a consultant for a UNICEF Situation Analysis Report on Women and Children and this report was completed in 2004.
12.In 2004 the Committee also worked on the Optional Protocol to the Convention on the Rights of the Child on the state of children, child prostitution and pornography with a view to ratify the Optional Protocol to the Convention on the Rights of the Child and adopting the Stockholm Declaration.
13.In 2010, after over a decade in attempts to finalize the report, it was finally done and submitted. The report was also launched in November 2010.
Reply to the issues raised in part I, paragraph 3, of the list of issues
14.There are several surveillance systems in place at the moment. Each system has different purposes where data on children aged 18 years and under are collected. These systems are functional in accordance with WHO, UNICEF and the Secretariat of the Pacific Community (SPC) requirements.
Hospital - based active surveillance
15.Since 1997, monthly surveillance on Polio, Measles, Rubella and Neonatal Tetanus in children aged 15 years and younger is undertaken. Since this was initiated the Health Department has not detected any polio or neonatal tetanus but have a few cases of suspected measles and rubella. These were discarded after laboratory investigation as not positive for either condition. All new born babies are observed for congenital Rubella syndrome;
Syndromic surveillance
16.Since 2007, weekly surveillance on Acute Fever and Rash, diarrhoea, flu like illness. This for the general population and children are part of it of the survey.
Tuberculosis surveillance
17.Commenced in 2003 and reported every three months, where any child/persons suspected of tuberculosis is investigated and treated over a period of six months. Within the Niue Education Department, there have been invitations to participate in a series of UNESCO regional workshops on Education For All (EFA) Mid-Decade Assessment (MDA). The purpose of the workshop was on how to collect data on children that can be disaggregated, analysed and regularly evaluated to identify disparities and also for assessing Niue's progress and gaps in achieving the EFA goals in which there are 6 in total with 18 core indicators which are used to disaggregate the data.
18.A National Task Force was established consisting of representatives from Education, Statistics, Community Affairs, Health, Civil Society etc. Work on collecting data for each of the goals, disaggregation and analysis of data was carried out by the national team and was expecting an advisor from the Pacific UNESCO Office to assist the Niue team in formulating the EFA Draft report for Niue. Due to unforeseen circumstances the Advisor was unable to make the visit.
19.At this point in time the Niue Education Department would like complete the initial exercise, and to continue on a regular basis with funds permitting.
Reply to the issues raised in part I, paragraph 4 of the list of issues
20.There is Human Rights/children rights/Rights -based education embedded in the adopted curriculum statements and of recent the contextualised Niue National Curriculum Document. At the different schools ECE, Primary and Secondary human rights/children rights/rights-based education is taught/learned through topics or themes in social studies, literature in Languages, health, Bible Instructions etc, through United Nations world or international commemoration days, through values, virtues, principles and activities.
21.Education needs to strengthen its rights programmes and raise more awareness in its schools not only for students but for the parents.
22.Support to the Education Department will be reviewed on an ongoing basis regarding human rights education for the school curricula. This support will be provided by the various stakeholders in the community as well as the government departments.
Reply to the issues raised in part I, paragraph 5, of the list of issues
23.Niue’s laws do not explicitly prohibit corporal punishment in the home or school. Nonetheless there is presently is no practice of corporal punishment in any of the three schools.
Reply to the issues raised in part I, paragraph 6, of the list of issues
24.Adoption in Niue is undertaken subject to the Niue Amendment Act (No.2) 1968. It is an open process as the adoption has implications in terms of land ownership as land is owned on a collective basis (by family lines). The adoption will mean that the child becomes a member of a particular family with equal rights to the land of such family. In recent court hearings the judge has closed the sessions from the public due to the nature of the adoption, although this is at the prerogative of the presiding judge.
Reply to the issues raised in part I, paragraph 7(a), of the list of issues
25.The Niue Government through the Department of Education and the Health Department have stepped up in completing in collaboration an education-HIV/STI and reproduction health framework to be actioned and an on site health officer stationed at the school.
Reply to the issues raised in part I, paragraph 7(b), of the list of issues
26.There are currently none in place.
Reply to the issues raised in part I, paragraph 7(c), of the list of issues
27.The Department of Community Affairs prepared the Niue National Policy on Disability (endorsed by Cabinet in 2011), and Policy Area 2 provides for: “Prevention, early detection, intervention, rehabilitation and health”. This covers (among other things) a referral procedure for persons with disabilities (including mental health) where a diagnosis or further investigation needs to be conducted. Rehabilitation programmes are also covered under this area that is likely to the responsibility of the Health Department.
28.The Health Department is presently working on a Mental Health Bill to address deficiencies in legislation and to improve on responses to individuals. This Bill will aim to provide for mental health care, the conditions of admission of persons suffering from mental problems, the treatment and the conditions of living of patients at the mental health- care centre, protection of mental patients, their rights and the principles applicable to accused persons who plead mental disorder or are found to be unfit to plead to a criminal charge.
Reply to the issues raised in part I, paragraph 8, of the list of issues
29.While there is general awareness of alcohol abuse by adolescents, a formal programme is yet to be developed. The Police Department has commenced work on this with a review of the legislation relating to liquor and has identified areas for legislative reform that may assist with enforcement.
30.The Department of Community Affairs has assisted key stakeholders such as the Niue Youth Council, Police and Health in such programmes such as Youth & Alcohol with emphasis on changing people’s attitudes.
31.The Department of Community Affairs can offer counselling services to young offenders and are currently working on formalising this service with the Justice Department. This will formalize counselling as part of the penalty for the court’s consideration. However in saying this, as part of formalizing this service a ‘needs assessment’ is a must to better determine capability/ capacity of counsellors to provide quality effective services, especially since rehabilitation programmes for drugs and alcohol abuse is a specialized field. It is however recognized that there is a great need for more people trained in the field of counselling, psychology and psychiatry
Reply to the issues raised in part I, paragraph 9, of the list of issues
32.The Department of Community Affairs (DCA) can provide counselling services for child victims but a needs assessment is a must to better determine capability/ capacity of counsellors to provide quality effective counselling. Child abuse is also a specialized field and should have qualified and experience counsellors, psychologists or mental health specialists to ensure long term benefits for the victims. This will ensure that ‘counselling’ does not do more harm than good for the victim because of the counsellor’s inexperience to deal with such cases. It is recommended that key stakeholders working in this field should be attached to an overseas agency for capacity-building and up-skilling such as CYFs in New Zealand.
33.DCA recognizes that counselling should be made available for victims of physical and sexual abuse, but because such services is not yet formalized it is not done. Most cases, parents or families of the victim choose to take their child overseas for a second opinion and counselling because of the limitation of confidentiality in a small country.
34.The DCA is open to making arrangements between the Police/Justice and DCA under a MOU so that even cases which do not make it to court but are reported to the Police can be addressed.
Part II
Reply to the issues raised in part II of the list of issues
New bills or laws, and their respective regulations
35.The following bills are applicable.
Family Protection Bill
36.The purpose of this Bill is:
(a)To preserve and promote harmonious family relationships; and
(b)To prevent domestic violence in all levels of society in Niue.
37.This Bill is based on traditional values of Niue and on Christian principles and:
(a)Recognizes that domestic violence of any kind is not acceptable behaviour;
(b)Provides measures for the effective legal protection of the victims of domestic violence; and
(c)Provides for punishment of all persons who commit acts of domestic violence.
38.Under this Bill the definition of child is:
-“child of a person means an individual under the age of 18 who is:
(i)a biological, adopted, step or foster child of the person; or
(ii)in the care or custody of the person.”
39.The definition of family member:
-“family member of a person means
(i)the spouse of the person;
(ii)a child of the person and/or of the person’s spouse;
(iii)a parent of the person or of the person’s spouse;
(iv)a brother or sister of the person or of the person’s spouse;
(v)any other person who is treated by the person as a family member.”
Mental Health Bill
40.A Bill to provide for mental health care, the conditions of admission of persons suffering from mental problems, the treatment and the conditions of living of patients at the mental health care centre, protection of mental patients, their rights and the principles applicable to accused persons who plead mental disorder or are found to be unfit to plead to a criminal charge.
New institutions (and their mandates) or institutional reforms
41.None.
Recently introduced policies, programmes and action plans and their scope
42.The Niue National Policy on Disability was endorsed by the Government of Niue in 2011. The Policy Areas are:
(a)National Disabled Persons Organisation and Women with Disabilities;
(b)Prevention, early detection, intervention, rehabilitation and health;
(c)Accessible infrastructure, transport and ICT systems;
(d)Family life protection, poverty alleviation, social security and livelihoods;
(e)Sports and recreation;
(f)Education, training and employment programmes;
(g)Statistics, policy monitoring and evaluation.
43.The Policy covers both genders (with a special emphasis on women with disabilities) and all age groups. It is more a social policy than a health-oriented one based on the rights of persons with disabilities. The DCA is looking at the possibility of ratifying the Convention on the Rights of Persons with Disabilities.
44.The DCA is looking to finalize the Family Protection Bill which provides protection for all members of a family unit etc. The purpose of such Act is:
(a)To preserve and promote harmonious family relationships; and
(b)To prevent domestic violence in all levels of society in Niue.
45.The Act is based on traditional values of Niue and on Christian principles and:
(a)Recognizes that domestic violence of any kind is not acceptable behaviour,
(b)Provides measures for the effective legal protection of the victims of domestic violence; and
(c)Provides for punishment of all persons who commit acts of domestic violence.
Recent ratifications of human rights instruments
46.None.
Part III
Reply to the issues raised in part III, paragraph 1, of the list of issues
47.It is difficult to obtain the data required for this matter due to the sensitive nature that Niue places on sexual abuse, including incest of those under the age of 18. Traditionally these cases are not brought to the attention of the authorities as the families have tended to resolve the matter through customary means, i.e. mediation through the church or village elders. Nonetheless there was a case in 2006 where 3 males were charged with rape and sex with a girl under 18 years. They were all convicted. There are no pending cases.
Reply to the issues raised in part III, paragraph 2, of the list of issues
48.According to 2011 data from the schools:
-ECE= one disability and 29 enjoy access,
-Primary = one disability and 184 enjoy access,
-Secondary = one disability
-180 enjoy access.
2011 Population Census
|
Disability |
Total |
0-4 |
5-9 |
10-14 |
15-19 |
||||||||||
|
Total |
M |
F |
Total |
M |
F |
Total |
M |
F |
Total |
M |
F |
Total |
M |
F |
|
|
Total |
69 |
32 |
37 |
2 |
2 |
0 |
3 |
0 |
3 |
3 |
1 |
2 |
2 |
1 |
1 |
|
Physical Disability |
25 |
14 |
11 |
0 |
0 |
0 |
1 |
0 |
1 |
2 |
1 |
1 |
1 |
0 |
1 |
|
Physical – Intellectual Handicap |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Intellectual |
3 |
3 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Deaf/Hearing |
5 |
3 |
2 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Blind/Visual |
2 |
0 |
2 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Speech/Stuttering/Mute |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Health and Medical Conditions |
14 |
4 |
10 |
1 |
1 |
0 |
2 |
0 |
2 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Multiple disability |
1 |
1 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Old Age (Senility) |
11 |
3 |
8 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Other |
8 |
4 |
4 |
1 |
1 |
0 |
0 |
0 |
0 |
1 |
0 |
1 |
1 |
1 |
0 |
Reply to the issues raised in part III, paragraph 3(a), of the list of issues
Number of adolescents affected by sexually transmitted infections, including HIV/AIDS, tobacco use and drug and alcohol abuse, disaggregated by age and sex
49.The following statistics have been collated for the number of adolescents affected by sexually transmitted infections, including HIV/AIDS, tobacco use and drug and alcohol abuse.
|
Year |
Adolescents (13-19 Years) |
||
|
STI & HIV/AIDS |
Tobacco use |
Drug & alcohol abuse |
|
|
2005 |
0 |
0 |
0 |
|
2006 |
0 |
0 |
0 |
|
2007 |
0 |
0 |
0 |
|
2008 |
0 |
0 |
0 |
|
2009 |
0 |
0 |
0 |
|
2010 |
0 |
0 |
0 |
Reply to the issues raised in part III, paragraph 3(b), of the list of issues
Number of teenage pregnancies disaggregated by age
50.The number of teenage pregnancies is as follows:
|
Year |
Number of pregnancies (13-19 year olds) |
|
2005 |
3 |
|
2006 |
3 |
|
2007 |
2 |
|
2008 |
0 |
|
2009 |
0 |
|
2010 |
4 |
Reply to the issues raised in part III, paragraph 4, of the list of issues
51.The Department of Justice collects this data and has identified only nine children below the age of 18 were charged during these years. There were none detained.
Reply to the issues raised in part III, paragraph 5, of the list of issues
52.The following are some of the areas affecting children that are considered to be of priority:
(1)The general distribution of female teachers and its effect on access and achievement of boys.
(2)Gender bias in curricula and teaching.
(3)The quality and relevance of curricula in relation to learning needs and employment possibilities of genders.
(4)Trends of participation rates at each level of education (ECE, Primary, Secondary, Tertiary).
(5)Continuous staff shortages, staff mix.
(6)Teacher up-skilling and upgrading.
(7)Infrastructure to support the new and now/current teaching and learning.
(8)Develop and design assessment tools appropriate to measure Vagahau Niue literacy.
(9)Develop and implement clear guidelines and enact legislation to explicitly prohibit corporal punishment.