Seventieth session

Summary record of the 2042nd meeting

Held at the Palais Wilson, Geneva, on Friday, 25 September 2015, at 3 p.m.

Chairperson:Mr. Mezmur

Contents

Consideration of reports of States parties (continued)

Second and third periodic reports of Timor-Leste (continued)

The meeting was called to order at 3.05 p.m.

Consideration of reports of States parties (continued)

Second and third periodic reports of Timor-Leste (continued) (CRC/C/TLS/2-3; CRC/C/TLS/Q/2-3 and Add.1)

At the invitation of the Chairperson, the delegation of Timor-Leste took places at the Committee table.

Mr. Valente (Timor-Leste) said that the concept of the defence of the best interests of the child was applied in Timor-Leste, in line with article 3, paragraph 1, of the Convention.

Ms. Soares (Timor-Leste) said that Timor-Leste was committed to ensuring literacy and bilingualism in both official languages of the State party, Tetum and Portuguese, through the recently overhauled national basic education curriculum. However, owing to financial and staffing constraints, the focus was on gradual language acquisition rather than bilingual teaching. The law required that textbooks and teaching manuals be produced in both official languages. Most teachers were familiar with local cultures and traditions, which were also covered extensively by the school curriculum. Although many teaching staff did not possess formal qualifications, they had access to prescriptive lesson plans for preschool and basic education levels and training through the National Teacher and Education Professional Training Institute. The issue of children’s rights was covered in primary and secondary schools. However, owing to poor methodology, results had been disappointing. The Office of the Ombudsman for Human Rights and Justice had launched a school-based human rights training programme and the primary education curriculum had been revised to cover the issue of HIV/AIDS. Hygiene was a problem in schools, owing to poor infrastructure and limited access to water. The Ministry of Planning and Strategic Investment had built around 311 new schools with sanitation facilities in 2014, although not all had access to water. The issues of hygiene and sanitation were covered as a part of the national curriculum.

Ms. Aldoseri asked what progress had been made with respect to plans to eliminate illiteracy by the end of 2015 and what measures had been taken to tackle the growing number of fee-paying schools.

Ms. Soares (Timor-Leste) said that the school enrolment rate was around 95 per cent. Most private schools employed teachers who received training and support from the Government, used the same textbooks as public schools and were covered by the State school meals programme. Fees for students at private schools located in remote areas were subsidized by the Government.

Mr. de Araújo (Timor-Leste) said that, independently of any criminal proceedings, at least five teachers had been dismissed for misconduct and the penalties for the sexual abuse of children were severe. The existing rules governing the conduct of teachers were being reviewed from the perspective of accountability and respect for others. The number of complaints received by the Office of the Ombudsman for Human Rights and Justice and the education inspectorate concerning abuse of children at school had increased as society was becoming more open.

Ms. Soares (Timor-Leste) said the school enrolment rate for 3 to 6 year olds had risen to around 30 per cent over the past three years but that progress in that area had been hampered by delays in school construction projects and limited resources. Preschool education was not included in the nine-year period of compulsory education. Over the past 13 years, the number of registered preschools had increased from 27 to over 200 and the number of students they served had risen from 2,900 to more than 30,000. The general enrolment rate for secondary education had increased to around 60 per cent. In 2014, more than 30 per cent of children had not progressed to the second year of primary education. Consequently, end-of-year exams would be replaced by a new continuous assessment system. Formative, rather than summative, assessment would be employed at the preschool level. The dropout rate at the primary education level had fallen significantly, standing at less than 3 per cent in 2014, with girls more likely to stay in school than boys.

The Chairperson asked how the authorities ensured that quality was improved and maintained in the sphere of education.

Ms. Soares (Timor-Leste) said that the preschool and basic education level curriculums had been revised, in order to ensure quality. Furthermore, over 15,000 teachers had been trained. Teaching staff and school inspectors also attended refresher courses on the correct use of prescriptive lesson plans on a regular basis.

Mr. Valente (Timor-Leste) said that, following ratification of the International Labour Organization (ILO) Minimum Age Convention, 1973 (No. 138), the Government had set up a national commission on child labour, while the ILO Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) had been submitted to Parliament for consideration. Under legislation governing the application of criminal sanctions, mothers sentenced to a term of imprisonment could keep their children with them until they reached the age of 3 years. He said that he would do everything possible to promote the setting up of a specialized unit within the Office of the Ombudsman for Human Rights and Justice to deal with children’s rights.

In order to file complaints with the Office of the Ombudsman for Human Rights and Justice, children under the age of 14 had to be accompanied by an individual over that age. That individual did not have to be a parent, guardian or relative and could be freely chosen by the child in question. There were very few child psychology experts in Timor-Leste and the Office of the Ombudsman had not been able to recruit any for its staff. The Government would continue to develop strategies to tackle violence and abuse directed at children and to promote work on children’s rights, safe houses, early marriage, child labour, domestic violence, negligence and trafficking in and sexual abuse of children. A free 24-hour telephone helpline for use by minors to report instances of abuse would be set up.

Ms. Ayoubi Idrissi asked for clarification relating to the age at which children could file a complaint with the Office of the Ombudsman.

Mr. Valente (Timor-Leste) said that children could file a complaint at any age.

Mr. Gusmão (Timor-Leste) said children aged between 13 and 15 years could carry out light work, which the Labour Code defined as simple, defined activities not involving physical or mental effort that might endanger the health and development of minors or have a negative impact on their education. Many families were dependent on subsistence farming and the participation of children in such activities was not considered to be work. Mechanisms had been put in place to ensure that adolescents carrying out light work were protected. The National Commission against Child Labour and the General Labour Inspectorate had carried out joint inspections and awareness-raising activities at the grassroots level, uncovering cases of illegal child labour involving 103 children in 2015.

Ms. Winter (Country Rapporteur) said that she had not received a reply to her question on bonded labour.

Mr. Valente (Timor-Leste) said that his delegation would reply to Ms. Winter’s question at a later stage. With regard to child protection professionals, Timor-Leste had a very limited number of qualified professionals with a specialization in social assistance, and none of them was currently working in the area of child protection. However, the country did have 26 very committed child protection officers, who had begun their jobs with no formal specialized training but who had received hundreds of hours of on-the-job training. In addition, there were 65 social services staff in administrative posts who were responsible for carrying out preventive measures. The Government was working towards providing equivalency certification for those experienced workers and ensuring that at least six staff members of the Ministry of Social Solidarity received training in social assistance at the university level within the next five years so that they could serve as mentors to the child protection officers. The Government still had no professional counsellors, mental health practitioners or psychologists who worked exclusively in its child protection programme. On the subject of juvenile justice, he noted that the international community had found Timorese prison conditions to be satisfactory.

Mr. Cardoso (Timor-Leste) said that, in accordance with the Timorese Criminal Code, young people between the ages of 16 and 21 were liable to the same penalties as adults. Such sentences as victim compensation, community service, house arrest or imprisonment might therefore be imposed on them, with imprisonment being reserved for the most serious offences, such as assault, sexual violence or homicide.

The Decree-Law on the Criminal Enforcement Regime took a tailored approach to sentencing, based on the convicted individual’s profile and the available facilities for juvenile offenders. Sentences imposed on minors were more rehabilitative than punitive and included vocational training, art and music recreation, physical education and psychological support in developing a life plan in preparation for the young person’s return to the community. There were 31 juvenile offenders in Timor-Leste; of those, 18 had been convicted, 12 were awaiting trial and 1 had been subject to the imposition of a security measure. Juvenile offenders were currently housed in Becora Prison for adult males but were assigned to a separate cell block. In order to improve the treatment afforded young offenders and their families and to facilitate the process of their social rehabilitation, plans had been made to begin building new juvenile rehabilitation centres in 2016. Each centre would hold a maximum of 14 inmates and would function in much the same way as a boarding school or training centre, the aim being to keep young offenders close to their communities of origin.

Ms. Da Cruz (Timor-Leste) said that the Government operated a social assistance programme that provided means-tested financial benefits to poor families with children up to the age of 17, giving priority to single-parent families and families with disabled children. In 2014, the Mother’s Purse Programme (Bolsa da Mãe) had provided benefits to more than 55,000 families, including some 270,000 children, 2,000 of whom suffered from some type of disability. To date, 80 per cent of the targeted 70,000 families had been helped. Because the programme was being rolled out gradually, its results had not yet been evaluated.

The Ministry of Social Solidarity was responsible for protecting the confidentiality of the testimony given in judicial proceedings by child victims, in keeping with the Act against Domestic Violence No. 07/2010 and the relevant operational protocols. Confidentiality of proceedings was a fundamental principle of juvenile justice and of child protection in general. Non-governmental organizations (NGOs) worked alongside the Ministry to provide child victims with temporary shelter and assistance during trial proceedings. Protocols had also been drawn up with regard to the placement of children in shelters. The operation of shelters and the well-being of the children in them were constantly monitored by the Government, together with its development partners, including the United Nations Children’s Fund (UNICEF).

Given the culture of solidarity and the importance of the extended family in Timor-Leste, orphans or other children whose circumstances so required lived in a family environment under an alternative care arrangement. Although the Government did not currently have statistics on the number of families who cared for children under such arrangements, the Government’s programme of work envisaged the collection of such statistics by means of a household survey and the design and implementation of programmes to strengthen the family. In order to prevent any discrimination against or ill-treatment of the children concerned, the Government had been conducting awareness-raising campaigns targeted to communities and families.

Mr. Rodríguez Reyes asked what body was in charge of monitoring the residential institutions and shelters in which children were placed. He asked whether there was a complaints mechanism that such children could use to lodge a complaint of abuse or ill-treatment without fear of reprisal.

Ms. Da Cruz (Timor-Leste) said that a child protection network had been set up in all 13 districts of the country; its members included the Timor-Leste National Police Vulnerable Persons Unit, child protection officials, the Roman Catholic Church and civil society organizations. The main message of the awareness-raising campaign was that domestic violence and child abuse were criminal offences. Children had the right and were encouraged to report any abuse to which they had been subjected, and any other person who had knowledge of an alleged violation of a child’s rights was required to report it. The complaint could be submitted directly to the child protection official, the National Police, the Public Prosecution Service, the Ombudsman for Human Rights and Justice or the National Commission for the Rights of the Child. If any member of the child protection network received a complaint, the child concerned was assisted by the competent units in the network. Priority was being given to the establishment of a telephone hotline for children; however, there was still much work to be done in order to develop or improve both the quality and the capacity of the services on which the hotline depended.

Ms. Gomes (Timor-Leste) said that improving air quality was one of the nine priorities that had been set by the Ministry of Health as part of the Government’s environmental strategy, given that respiratory diseases were closely linked to air quality. In 2014, in conjunction with local and international NGOs, a pilot project had been carried out to test cooking methods that used less wood than the traditional ones, and there were plans to replicate the project in other areas of the country.

Mr. Valente (Timor-Leste) said that it was vitally important for the Government to address the problem of the widespread use of tobacco and alcohol among young people in Timor-Leste if the latter were to develop to their full potential. Unfortunately, Timor-Leste had one of the highest levels of tobacco consumption in the world, and 35 per cent of adolescents between 13 and 15 were smokers. That was a tragic figure for a country that aspired to becoming a prosperous nation. In 2015, the Government had taken a series of specific measures to control and monitor tobacco consumption and had launched a national campaign to educate the population about its dangers.

Ms. Gomes (Timor-Leste) said that there was currently no legal framework to prohibit the sale of alcohol or tobacco to minors; however, the Government was committed to taking action to rectify that situation. A legislative bill was being finalized that would prohibit the sale of alcoholic beverages to minors under the age of 17. Another illustration of the Government’s commitment was the National Strategy on Non-communicable Diseases, Injury, Disabilities and Healthy Ageing, which aimed to restrict the sale of alcohol and tobacco to adults. In May 2015, an order had been issued to all ministries to ban the consumption of tobacco in public spaces, including public transport, and in June 2015, the ban had been extended to all government workplaces. Special training was being offered to health-care staff to provide assistance to those wishing to quit smoking. The first such smoking cessation service was being established in the Guido Valadares National Hospital, and others were being planned elsewhere in the country. The Government was preparing a bill on tobacco control, which would be submitted for approval to the Council of Ministers, that would prohibit smoking in enclosed public spaces, in the workplace and on public transport, and contained provisions on the composition of cigarettes, packet warnings and the prohibition of the advertising and sale of tobacco products to children and young people.

As to mental health, the Ministry of Health was implementing the National Mental Health Strategy, the objective of which was to implement a community-based mental health support system that provided information and support to families. There were 15 doctors in the country who specialized in mental health and who practised throughout the entire country. The current system offered three levels of care: at the first level, doctors or nurses dealt with the majority of patients; at the second level, health-care professionals followed up patients’ treatment; and at the third level, psychiatrists dealt with more complex cases. In addition, new doctors and health-care staff received specialized training in children’s mental health. According to records for 2015, there were some 2,019 mentally ill patients in the country but only one treatment centre, which was located in Manatuto in the central part of the country. No data were available on child and adolescent mental health problems; however, the National Mental Health Strategy called for the provision of community-based assistance so as to ensure that patient care was provided close to home and family, while at the same time ensuring that patients received the level of treatment they needed. Awareness-raising activities were conducted for families and communities in order to prevent discrimination against and stigmatization of patients with a mental health disorder. The lack of qualified human resources and statistics were two areas that the National Mental Health Strategy was in the process of addressing.

Ms. Aho Assouma, referring to the fact that the Government was preparing a bill on tobacco control, asked whether Timor-Leste was a party to the World Health Organization (WHO) Framework Convention on Tobacco Control. She wished to know whether awareness-raising campaigns had been organized on the effects of passive smoking on infants and children and what was being done to protect them from that health risk.

Ms. Gomes (Timor-Leste) said that tobacco and alcohol control was a national priority. Accordingly, the Ministry of Health had been working with the World Health Organization (WHO) to devise methods of reducing the very high prevalence of smoking and alcohol consumption in Timor-Leste and, thereby, reduce the incidence of tobacco- and alcohol-related diseases. Sensitization campaigns were also being conducted to raise public awareness of the dangers of smoking and drinking.

The Government was also committed to eradicating malnutrition, which was a major concern in Timor-Leste. Various initiatives and programmes were in place or envisaged to address, in particular, low birthweight, child stunting and malnutrition in pregnant women, as well as to improve access to drinking water and sanitation. Such initiatives included focusing on locally sourced foodstuffs, supplementing foods with micronutrients and vitamins, promoting exclusive breastfeeding for babies under 5 months old and testing for HIV/AIDS. A food and nutrition study had also been carried out by the Ministry of Health to identify and tackle the root causes of malnutrition.

The meeting was suspended at 4.30 p.m. and resumed at 4.50 p.m.

Mr. Rodríguez Reyes (Country Rapporteur) said that acknowledgement of the problem was often the first step towards resolving it and he applauded the Government’s attitude in that regard. In that connection, he would be interested to hear specific information about the policies being implemented to promote breastfeeding, including how many hospitals were actively promoting breastfeeding. He also wished to know whether the Government intended to incorporate the International Code of Marketing of Breast-milk Substitutes into national legislation. Lastly, he wondered whether there were plans to amend the Labour Code to extend the current, albeit insufficient, 12 weeks’ maternity leave.

Ms. Oviedo Fierro said that it was not completely clear what provision was made for children whose parents were in jail. In particular, she wished to know what happened to children over 3 years of age, who often had no other family members to live with. Were there any specific policies in place for those children? Were they placed in foster care?

The Chairperson said that malnutrition was an intergenerational problem and he welcomed the fact that it had been made a national priority. In that connection, he wondered what was being done to highlight the dangers of malnutrition and low body weight, which might sometimes be viewed in a positive light in the State party. As to food supplements, he said that while those would certainly help to reduce the child mortality rate they would do little to address the problem of malnutrition.

Ms. Gomes (Timor-Leste) said that breastfeeding was one of the priority focuses in the National Nutrition Strategy. According to a 2013 study, the rate of early initiation of breastfeeding was 93 per cent, while almost two thirds of 0-3 month olds were exclusively breastfed. Various awareness-raising and promotional activities were under way, including a baby-friendly hospital programme that currently included five reference hospitals and 75 health-care centres.

All public servants had the right to 90 days’ maternity leave. The private sector was required to give women workers a certain degree of flexibility, including time to breastfeed every three hours. Moreover, the Government was carrying out awareness-raising activities to inform the public about health in the community and the importance of breastfeeding. Initiatives to improve maternal health included media campaigns targeting mothers and rural communities and improved access to health care.

The Ministry of Health had recently launched a family health initiative under which community-based health-care professionals would visit all families in the 2,250 communities of Timor-Leste in order to assess their individual problems. That initiative was benefiting from a new intake of doctors who had been trained in Cuba. The Government was also committed to ensuring access to basic primary health care and comprehensive maternal services, including in rural areas, as well as providing training to health-care staff with a view to improving the overall quality of health care. A national childhood immunization programme was also being rolled out to prevent certain preventable diseases.

Ms. Da Cruz (Timor-Leste) said that a memorandum of understanding between the Ministry of Justice and the Ministry of Social Solidarity was intended to ensure social protection and assistance for families of prisoners. To that end, two programmes had been launched: one to facilitate family visits for prisoners and provide assistance to the family; the other to promote the social reintegration of former convicts, including mediation and financial help and support. There were plans to carry out impact assessments in both cases.

Ms. Winter (Country Rapporteur) enquired whether alternatives to imprisonment for children and adolescents were utilized. If so, information on such alternatives, including statistics, would be useful. In that regard, the use of mediation programmes in rural areas was a particularly good practice and she wondered whether the Government intended to make provision for it in law so that it could be officially requested and monitored.

Mr. Valente (Timor-Leste) said that it was important to note that Timor-Leste was still a young and developing country and that the country’s laws required further development. In that connection, he drew attention to article 62 of the Labour Code, which made provision for the granting of up to one hour for mothers to breastfeed; consequently, that right was guaranteed in national law. While the Government was seeking to establish a universal health-care system, it acknowledged that there were many challenges to overcome in order to achieve that goal, particularly in respect of reproductive health. Regarding nationality, he said that the child of two foreign parents did not automatically acquire Timorese nationality; however, Timorese nationality was extended to a child that would otherwise be stateless.

In addition to the approval of the national plan of action to combat trafficking and the Law against Human Trafficking by the Council of Ministers, the Government had introduced specific programmes to train law enforcement, border control, consular and other relevant officials to deal with the problem. It was also making efforts to raise awareness among local authorities and schools about trafficking in persons. It had improved investigation, prosecution and court procedures to protect victims and combat trafficking in children. According to available data, the Government had thus been able to prevent the trafficking of at least 20 children in recent years. None of the cases of human trafficking for the purpose of sexual exploitation or forced labour that had been brought to light involved persons under the age of 18.

The issue of corporal punishment raised by the Committee was one that the Government took seriously; every effort was being made to end the practice. The rights of the children would be fully realized only when they were free from violence in the community, at school and in the home. Any disciplinary measure that affected the physical or mental well-being of the child was impermissible. Corporal punishment was prohibited by law in all settings. A number of acts relating directly to the use of corporal punishment were treated as criminal offences, including the ill-treatment of children, threats, physical assault and torture. Under the Penal Code, persons acting in a supervisory capacity, such as school administrators, were duty-bound to report to the authorities any such acts. Offences committed in such institutions as boarding schools, prisons or orphanages carried heavier penalties.

An additional level of protection had been provided by the Law on Domestic Violence, which covered physical, psychological and other forms of violence in the home. Parents had been convicted under the Law for inflicting corporal punishment on their children. That did not mean, however, that a general prohibition against corporal punishment would not improve the situation of children’s mental and physical health. The Government was therefore currently working towards establishing such a prohibition.

The law required that the opinions of the child should be heard during any proceedings that dealt with him or her. Public prosecutors worked with social workers to ensure that the child concerned was heard in the courts. When circumstances prevented the child from appearing before the judicial authorities, an informal hearing was held or a written report drawn up in order to ensure the child’s participation. A Committee member had stated that there had been cases in which children had been excluded from proceedings involving matters affecting them. He could affirm, however, that when he himself had worked as a public prosecutor, he had never encountered such a situation. The support provided by an NGO specialized in providing legal assistance to children who were the victims of violence or abuse had also helped to ensure that children were duly heard. In the first quarter of 2015 alone, the NGO had provided legal assistance in more than 85 new cases. The NGO also offered assistance in bringing appeals against court decisions that were tainted by procedural irregularity. Under the Law on Domestic Violence, a child had the right to have his or her own legal counsel at all stages of the proceedings. Judges and public prosecutors had received extensive training on the rights of the child, including the right to be heard.

Mr. Madi, following up on the questions raised about the Optional Protocol on the involvement of children in armed conflict, said he wished to know whether military service was voluntary or compulsory. He wondered whether the recruitment of persons below the age of 18 by non-State armed groups was a criminal offence under the law.

Mr. Gonsalves (Timor-Leste) said that his Government was striving to achieve security, safety and development, as none of those goals was possible without the others. After years of instability and conflict in the country, the Government was now promoting its motto “Goodbye Conflict, Welcome Development”. It had introduced a new national curriculum that included peace and civic education at the primary and pre-secondary education level. The Government was also working with the relevant stakeholders to raise public awareness that violence resolved nothing.

Turning to the question raised about martial arts, he said that a legal framework was in place to govern instruction in martial arts, which were treated as a sport. Military conscription was limited to persons between 18 and 30 years of age. The law provided that no one under the age of 18 could be drafted for military service and that the conscription of a minor was punishable by up to 25 years’ imprisonment. National law on children in the military was in keeping with international standards. Furthermore, Timor-Leste had ratified all the major instruments of international humanitarian law, including the Optional Protocol on the involvement of children in armed conflict.

The Chairperson said that the questions raised about intercountry adoption and bonded labour had not been addressed.

Ms. Oviedo Fierro said she would appreciate further information on early childhood development programmes, particularly for children under 3 years of age in day-care centres.

Ms. Ayoubi Idrissi said she wished to draw attention to the questions raised earlier concerning the payment of child maintenance and the status of the pending family bill that would cover such maintenance. She would also like to know what was being done about parents who did not have custody of their children but who had unlawfully absconded with them abroad.

Ms. Soares said that, although there was no policy for early childhood development, the Government had been working with UNICEF on one. A high-level national workshop on early childhood development would be held in early December in order to bring the issue to the attention of all the relevant ministries and coordinate action among them.

Ms. Da Cruz (Timor-Leste) said that there were no programmes as such to assist families with children in cases of intercountry adoption. However, the Government did have guidelines that set out the procedures for assessing whether a family wishing to adopt a child was suitable. The assessments were carried out by the Ministry of Social Solidarity for both domestic and intercountry adoptions and then submitted to the courts for a decision.

Ms. Khazova said she wished to know what laws governed domestic adoption, as it was important to avoid informal adoptions.

Mr. Valente (Timor-Leste) said that there were still no regulations governing intercountry adoption. Nevertheless, the Government was in the process of drafting laws to regulate all adoptions. Pending the passing of those laws, adoptions within the country were covered under the Civil Code.

Mr. Gusmão (Timor-Leste) said that there was no bonded child labour in Timor-Leste. The Government had carried out various campaigns against child labour. In 2014, it had established a National Tripartite Commission against Child Labour composed of representatives of the Government, employer and workers organizations and civil society.

Mr. Valente (Timor-Leste) said that the Convention on Protection of Children and Cooperation in respect of Intercountry Adoption had been ratified in July 2009. There were plans to develop a specific legal framework to regulate national and international adoption. The legislation division of the Ministry of Justice had been tasked with drafting a special law on adoption by 2016. Nevertheless, adoption was already subject to a system of strict control, including judicial supervision.

Mr. Rodríguez Reyes (Country Rapporteur) said that the Committee noted the progress made in Timor-Leste in such areas as health and nutrition. However, there were challenges still facing the country, including strengthening institutions and laws on the protection of children. Most important was the need to develop national strategies and action plans that promoted the rights of children and to allocate the necessary resources to realize them.

Mr. Da Silva (Timor-Leste) said that the Government would continue to fight for justice for the children of Timor-Leste, regardless of resource constraints and other challenges. His delegation looked forward to receiving the Committee’s observations and recommendations in order to help Timor-Leste to improve the mechanisms in place for the protection of Timorese children against discrimination and violence and to ensure their right to happiness.

The Chairperson said he urged the Government to consider acceding to the Optional Protocol to the Convention on the Rights of the Child on a communications procedure. He would be grateful if the delegation would convey the Committee’s greetings to the children of Timor-Leste.

The meeting rose at 6.05 p.m.