Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography

In Bhutan traditional family systems and values have always been strongly maintained and most Bhutanese are greatly influenced by their religious beliefs. Most Bhutanese believe that any joyous or calamitous event is a part of one's destiny and a direct result of one's actions during this life or in a previous life. It is this belief that influences the values of most Bhutanese and urges them to accumulate merit in this lifetime to ensure a better life after rebirth.

A child of either sex born in a Bhutanese family is welcomed without any disparity. The fact that there has, so far, never been any need for the establishment of children's homes or institutions in Bhutan reflects the strength of the Bhutanese family. Every child is brought up with the belief that he/she has an inherent right to survival, protection, security, development, love, care, education, health care, justice, peace and freedom. Furthermore, Bhutan 's development philosophy of “Gross National Happiness (GNH)” which emphasizes the importance of spiritual wellbeing over material gain is also very relevant to the rights and needs of all children.

Even though Bhutan remained in self-imposed isolation until the 1960s when planned development began, Bhutan is fully committed to accomplishing “Health for All” and “Education for All”. This will be achieved by setting specific targets related to primary school enrolment, adult literacy, and reductions in infant, child and maternal mortality by promoting access to health services, improved dietary intake and better childcare practices. Bhutan allocates more than 20 percent of its development budget to the social sector which reflects the importance that the country accords to the welfare of its people.

Bhutan currently has a population growth rate estimated at 2.5 percent annually [ Statistical Yearbook of Bhutan, 2005, NSB] which will have serious implications on the development of the country in the future, especially the government's ability to provide free social services to the population. Therefore, with the proportion of children below 19 years estimated as high as 51 percent, children are considered an important target group of all integrated development programmes of the government. In 1991, the government declared 11 th . November, the birth anniversary of His Majesty the King, as Children's Day. On this day, special events are held throughout the country where children participate and express themselves through various activities such as drama, sports and cultural events.

The Buddhist way of life, well enshrined social and family values and Bhutan 's development philosophy of GNH all contribute to the protection of children's rights in Bhutan .

Although non-formal education (NFE) existed in disorganized traditional forms earlier, it was formalized under the Ministry of Education in 1992. The number of non-formal education centers expanded from 6 centers with 300 learners in 1992 to 623 centers with 16,642 learners and 584 instructors in 2005. The NFE centers provide only basic literacy courses of reading and writing.

[Source: General statistics 2005, MoE]

Children who miss primary education or who drop out early can attend these non-formal classes. Local committees manage and look after these institutions with the help ad support from the government and NGOs. Although NFE is designed for people of 15 years and older, it has also attracted children who are seven years and older. This may be because parents see this as an interim measure or because they need a child to work at home and see NFE as a part-time educational alternative.

According to the 9 th Five Year Plan document, there are 8000 disabled children in Bhutan estimated at around 3.5% of the total population. The National Institute for the Disabled (NID) in Khaling, Eastern Bhutan , is the only facility for visually impaired children at present. The NID provides instructions in reading and writing Braille so that children skilled in Braille can be integrated into regular schools toward the end of the primary cycle. At present there are 30 children and some adults at NID. Another facility in Paro also enrols children with hearing and speaking disabilities.

The government aspires to make free education assessable to all children with disabilities and special needs. One of the targets of the Ministry of Education during the 9 th Five Year Plan is to equip a few schools in each Dzongkhag with the appropriate resources to enable children with disabilities to assess education locally. The NID will then serve as a resource center to support education for the visually impaired and a Braille production unit will be set up in the National Institute of Education (NIE), Paro, to ensure that curriculum and other relevant materials will be available in Braille for these children. A special education unit will also be established in the Department of Special Education.

Older children with disabilities in Thimphu can also benefit from the centre run by an NGO, Drak-Tsho Vocational Training Centre for Disabled, where they can acquire vocational skills, such as sewing and weaving.

Though the country has seen a recent trend of unemployment among the youth, child labor is not an issue in Bhutan . However, there are cases where children are employed as housekeepers, caddy boys at the golf course and street sellers. These cases are now being looked into by the National Commission for Woman and Children.

Bhutan has clearly made impressive advances in actualizing the Education for All (EFA) goals and targets. However, the country still faces critical challenges in the education sector.

One of the challenges includes enhancing the outreach of primary education to children in rural and remote communities and others who are unable to enrol in schools. The spatial disparity in the levels of participation in education, comparably lower educational attainments and quality of education between urban and rural areas of the country is another major challenge for the education sector.

Reduction of school dropouts and adopting an inclusive approach to improve educational access for those with physical disabilities is yet another challenge for the education sector in Bhutan . Programs such as the school feeding programme need to be continued as they promote the retention of children in schools, especially in the remote areas where the poor are sometimes unable to afford basic education due to their economic conditions or distance from the nearest school.

Due to the high enrolment rate at the primary level there has been an ever increasing need to expand the secondary level of education. Similarly admissions into tertiary education institutes are becoming more competitive every year. Therefore expanding secondary and tertiary education facilities is another challenge for the royal government.

In light of serious resource constraints, developing school infrastructure, training teachers and providing equipment and facilities to provide quality education in Bhutan are challenges that need serious consideration.

The establishment of the first hospital in Langjopakha, Thimphu in 1961 marked the beginning of the present day modern health services in Bhutan. Today, there are 29 hospitals providing sophisticated modern medical care, 176 Basic Health Unit (BHUs) and 485 ORCs spread over 205 gewogs providing primary health care services. Staffing these facilities, there are about 145 medical doctors, 463 health workers, 529 nurses, 438 technicians, 66 drungtshos and menpas (Indigenous Physicians). Apart from these regular service providers, there are 1200 active village health workers (VHWs) continuously assisting the health workers in delivering the health care services. Currently, doctor per 10,000 populations is 2.3 and hospital bed per 10,000 is 17.

The last national health survey conducted in 2000 indicates that Bhutan is on track in meeting its target of reducing the under-five mortality rate by two thirds. This also indicates that Bhutan will attain the MDG Goal 4 to reduce child mortality much earlier than 2015.

Table 2: Target 5 of MDG to Achieve Goal 4

Due to the importance attached by the royal government to health services, the health of Bhutanese children has improved remarkably, especially in the last decade. Infant mortality rates have declined substantially since 1994 but still need further reduction. The Health Ministry also emphasizes the importance of educating parents on health issues such as nutrition, sanitation and positive child care practices.

Although the rough and difficult mountain terrain hinders the expansion of an effective primary health care system, the Health Ministry has established a well-integrated primary health care service through the establishment of Basic Health Units (BHU). As a result, 90% of Bhutan 's population has access to basic health services.

Some of the major cause of under-five deaths and morbidity in the country are generally due to infectious diseases such as acute respiratory infections (ARI), diarrhoea, worm infection and malnutrition.

Figure 1: Causes of death in children under five years

[Source: DOHS, 2000 ]

The Health Division is implementing many programs on health and nutrition, both independently and in collaboration with international agencies and organizations. These programs are geared entirely towards ensuring the survival and development of children in the kingdom. The Expanded Program on Immunisation (EPI), the Maternal and Child Health and Family Planning Program (MCH/FP) or Reproductive Health Program, the Control of Diarrhoea Diseases (CDD) Program, the Acute Respiratory Infection (ARI) Program, the Nutrition Program and the Comprehensive School Health Program are some of the public heath awareness programs.

The EPI program in Bhutan has been one of the most successful programs in the country. In 1988, the 66 th session of the National Assembly passed a resolution to immunize all children and pregnant mothers. The declaration of universal child immunization (UCI) in 1991 further confirmed Bhutan's commitment to eradicate all vaccine-preventable diseases in general, and polio in particular, by the year 2000.

The impact of the immunization program is visible in the dramatic decline in children suffering from measles: from several thousand cases every year before 1988 to just 169 in 1997. There have been no reported cases of poliomyelitis since 1986. In addition, Bhutan has been able to sustain a high coverage of full immunization. In 1996 immunization against hepatitis B was introduced as an extension of EPI services to Bhutanese children.

[Sources: Millennium Development Goal, 2005, the Convention on Rights on Child]

Self-employment, particularly those working on their own land characterises the economy of Bhutan . The number of people working for wages is therefore relatively low. Agriculture is the predominant sector of the Bhutanese economy providing employment to around 79% of the people.

The government is the largest employer of the literate population with the private sector emerging as an important sector in generating employment opportunities for the rapidly increasing labour market in Bhutan .

The overall unemployment rate in Bhutan was estimated at 2.5% in 2004. Youth unemployment doubled from 2.6% in 1998 to 5.5% in 2004, about twice as high as the general unemployment level.

The unemployment rate is comparatively higher in urban areas than in the rural areas with 14.3% of those unemployed between the ages of 15 and 19. This is because of the increasing number of school leavers looking for job opportunities in urban areas. Young girls in urban areas constitute the highest proportion of the unemployed.

Figure 2: Youth unemployment, 2004

[Source: NLFS, MoLHR, 2004]

In 2003 the royal government established the Ministry of Labor and Human Resources to initiate numerous skills development programs and activities. The ministry is mandated to provide a wide range of services and labor market interventions to promote employment and to facilitate a more efficient operation of the nation's labor market. One of the effective interventions has been the provision of employment services and human resource development and skills enhancement related to labor market realities. A number of vocational training institutes have been established around the country to provide candidates with some vocational skills like plumbing, carpentry, tailoring etc. In line with formal employment in the government and private sectors, self-employment is seen as an important factor to reduce unemployment.

Bhutan continues to make efforts to normalize laws and put safeguards for children. Several notable amendments have been made in legislation to bridge gaps and harmonise the National Acts with the principles of the Convention on the Rights of the Child (CRC). These are mainly uniform definition of the child as directed by CRC and sections that address juvenile issues.

In 1995 under the Royal Command of His Majesty the Druk Gyalpo, the High Court started drafting the Penal Code of Bhutan. The Bhutan penal Code was passed by the National Assembly in the year 2004.

The Bhutan Penal Code is the consolidation of sections from existing Acts dealing with criminal offences. It is intended to reinstate dignity to the victims of crime and increase the possibilities for rehabilitation of offenders.

The Bhutan Penal Code includes specific provisions regarding juvenile delinquency and mental disability, sexual offences against children, offences against infants, children, mentally disabled and incompetent persons and several provisions dealing with offences involving minors.

The Civil and Criminal Procedure Code also contains explicit provisions for juveniles, providing for the right to privacy, the right to defence and the right for adult accompaniment during the trial. It also provides for the possibility to allow juveniles to go home after advice/admonition or release on probation based on a series of factors. Section 213.2 provides guidelines for the court in determining sentence for juveniles.

The National Commission on Women and Children is collaborating with the Royal Bhutan Police and the Royal Court of Justice on the development of women and child friendly procedures.

The social and economic costs of substance abuse place a great strain on the society and country, both economically and socially, especially for a developing country like Bhutan . In order to address the problem of substance abuse the Ministry of Health as a Nodal Agency has been working towards fostering common platform for all stakeholders. A more comprehensive Act covering most aspects of the Drug control and prevention has been initiated in a draft after realising the limitation of the 1988 Notification on Narcotic drugs and Psychotropic substances.

Substances abuse now significantly recognised as a disease and criminalisation by law is not the solution, but a supportive environment of treatment, counselling, education and imparting life skills are seen as some of the options to enhance the process of main streamlining the addicts back to the society.

The Bhutan Citizenship Act, 1985 came into force on 10 th June 1985. According to this Act, Bhutanese citizenship can be acquired:

•  By birth, if both parents are citizens of Bhutan.

•  By registration, if the person was officially registered in the census and living in Bhutan before December 31, 1958, which is the date of the first Citizenship Act.

•  By naturalization, if the person is 21 years old (15 years if one parent of the child is a citizen); can speak, read and write Dzongkha proficiently; and have good knowledge of the culture and traditions of Bhutan.

The Citizenship will be granted if:

•  A person whose application for naturalization has been favourably considered by the Ministry of Home Affairs.

•  A person has received a Kashog (A Royal Decree) form His Majesty the King of Bhutan.

The Citizenship will be terminated if:

•  Any citizen of Bhutan acquires the Citizenship of another country.

•  Any citizen of Bhutan who has acquired citizenship by fraud, false representation or the concealment of any material fact.

•  Any citizen of Bhutan who is disloyal to the King, Country and the People of Bhutan.

•  Any citizen of Bhutan who leaves the country of their own accord and with the knowledge of the Royal Government of Bhutan.

The Marriage Act of Bhutan, 1980, covers separation, adultery, and divorce and child custody.

According to the Act, either women or men may initiate the divorce and be held responsible for compensating their partner. Both men and women can remarry without social prejudice. The mother is awarded custody of children of less than 9 years of age, regardless of who has initiated or has caused the separation. After the children have reached 9 years of age, they have the choice to live with either one of the parents. The father must provide child support allowances either as per negotiated terms, or pay 20% of his monthly income for each child up to a maximum of 40% till the child/children reaches 18 years of age.

The legal age for marriage for both sexes was raised in 1996 to 18 years -previously it was 18 for males and 16 for females.

In cases of adultery, the person who commits adultery must pay compensation to the aggrieved spouse. The Act also protects unmarried women who become pregnant. The man who is responsible for the pregnancy must pay for all medical expenses and provide 20% of his monthly income as child support allowance.

The National Assembly of Bhutan resolved in 1988 to permit adoption when it is registered through a court of law. This ensures that the child assumes full benefits under the Inheritance Act and that she/he is entitled to register as a Bhutanese citizen.

The Inheritance Act of Bhutan, 1980 came into force on 1 st October 1980. The Act includes rights and restrictions on inheritance, procedures for transactions of inherited properties, procedures for transactions on inheritance on separation of a living member, procedures for inheritance in case of divorce, procedures for making a last will and testament and procedures for transactions of properties by members of a joint family.

Any citizen of the country can inherit property according to the Inheritance Act, 1980.

In 1989, the UN General Assembly adopted the Convention on the Rights of the Child (CRC). The CRC is the clearest expression of what the world wants for its children. It is one of the most accepted human rights treaties and almost every country in the world has ratified it.

Bhutan was one of the first countries to show its support by ratifying the CRC without any reservations on 23 rd May 1990 . This reflects the commitment of His Majesty and the royal government of Bhutan to provide the best opportunities for each and every Bhutanese child.

An Initial Report on the Rights of the Child in Bhutan was prepared and submitted to the CRC Committee in Geneva in April 1999. Bhutan is now in the process of completing its second periodical report to be submitted to the CRC Committee this year.

The Four Areas of Support

The CRC contains 54 different, yet inter-related, articles on the rights of the children emphasizing four areas of support:

Rights to survival : This concerns children's rights to have their most basic needs for survival and health addressed and met.

Rights to Development : This includes those things that children need to realize their fullest potential.

Rights to Protection : Requires children to be safe-guarded from all forms of abuse, exploitation and abandonment.

Rights to Participation : This allows children to play an active role in their communities and nation through the rights to express their opinions freely and to be heard.

Children are the symbol of hope of a new world. War and armed conflicts are only the outcome of misunderstanding between two communities. So the international community, recognizing the need to increase the protection of children from involvement in armed conflict, has agreed to tackle the issue through the adoption of an optional protocol to the convention.

The Protocol sets the age at 18 years for possible recruitment of persons into armed forces and their participation in hostilities.

Bhutan signed this Protocol on 15 th September 2005.

The Protocol contains 17 different articles on the rights of the Child and calls for the State parties to prohibit and prevent the sale of children, child prostitution and child pornography in any form. It protects the child from sexual exploitation, child labour and transfer of organs of the child for profit by any individuals or organized groups whether domestically or transnationally.

As per the provisions of the Protocol each State Party under the Protocol is required to establish measures that prevent and prohibit any form of child exploitation. The Protocol also calls for State Parties to assist each other in investigations or criminal or extradition proceedings against offences committed against the child under the provisions of the Protocol.

Bhutan signed this Protocol on 15 th September 2005

This Convention protects the rights of child in the SAARC member countries. It covers basic education, health care, prevention of diseases and malnutrition as basic rights of the child. The convention ensures that child is protected from any form of discrimination, abuse, neglect, exploitation, torture or degrading treatment, trafficking or violence. The Convention also discourages child labour and ensures the administration of juvenile justice in SAARC region in a manner consistent with the promotion of child's sense of dignity and worth.

The convention encourages all the member states countries to co-operate and make collective actions to promote child rights and development. It calls for the member states to frame national laws and policies that are in the best interest of the child promotion and development in all areas.

Bhutan ratified this convention on 4 th September 2003.

“The purpose of this Convention is to promote cooperation amongst Member States so that they may effectively deal with the various aspects of prevention, interdiction and suppression of trafficking in women and children; the repatriation and rehabilitation of victims of trafficking and prevent the use of women and children in international prostitution networks, particularly where the countries of the SAARC region are the countries of origin, transit and destination.”

The Convention calls for the State Parties to prevent trafficking of women and children in any form and ensures that trafficking in any form is punishable under the State Law. It also ensures that the State parties protect and maintain the confidentiality of the child and women victims of trafficking and that they are provided appropriate counseling and legal assistance. It calls for State Parties to sensitize their law enforcements agencies and judiciary to prevent and interdict trafficking of women and children.

The Convention encourages State parties to promote awareness of the problem of trafficking in Women and Children and it underlying causes through the use of media. In case of cross- border trafficking, the State Parties should make suitable means for the repatriation of the victims to the country of origin and provide legal advice, health care facilities to the victims.

The Convention also calls for the State Parties to adopt in accordance to their respective constitutions, the legislative and other measures necessary to ensure the implementation of the Convention.

Bhutan ratified the convention on 4 th September 2003.

The purpose of this Convention is to promote cooperation among Member States, so that they may address more effectively the various aspects of prevention and control of drug abuse and suppression of illicit drugs and psychotropic substances which are specific to the SAARC region.

The SAARC Code for the Protection of Breastfeeding and Young Child Nutrition was adopted by the SAARC Member countries in August 1996 at the 3 rd Ministerial Conference on Children of South Asia that took place in Rawalpindi , Pakistan from 20 to 22 August 1996.  

The purpose of this code is to promote breastfeeding and child nutrition by educating health workers and the public on the benefits of breastfeeding and by regulating the marketing and promotion of infant and complementary foods and related products.

The Code urges the member countries of SAARC to formulate policies to educate health workers, students and members of the public on the benefits of breastfeeding and appropriate child feeding practices and the hazards of using infant milk, foods and related products.

The Ministry of Labour and Human Resources is actively involved in supporting youth and children in career guidance, employment counselling, job placement, Vocational Trainings Opportunities. The Ministry also organise and conduct job fairs for the youth and employment seekers in the country.

Contact Details

Tashi Wangmo

Department : Ministry of labour and Human Resources
Phone : 326732
Email : tashiwangmo2002@yahoo.com / tashiwangmo@hotmail.com
Website : www.employment.gov.bt

The Youth Information Centre situated in Youth Centre provides various kinds of help, facilities and information to the youth of Bhutan . The centre provides facilities like internet access, telephone calls, and photocopying, printing, basic computer skills in very nominal fee. The centre also provides counselling and guidance in various fields like employment, career and numerous other fields concerning the youth of Bhutan .

Contact Details

Paima Lhaden

Youth Information Centre Youth Centre, Thimphu
Helpline : (02) 327000/327008
Emai l: youthcentre@druknet.bt

The Youth Development Fund is carrying out an increasing number of activities to care for the disadvantaged. For example, YDF funds the disabled centre, Drak-Tsho , and a rehabilitation centre, REWA for drug abusers in Thimphu . Destitute families are also receiving more attention with the establishment of NGOs like the Tarayana Foundation.

Contact Details

Tashi Choden

Department : Youth Development Fund
Phone :02-322250/327483 (fax)
Mobile : 17604137
Email : tashichoden@druknet.bt
Website : www.youthdevfund.gov.bt

Career Education and Counselling Division under the Dept. of Youth And Sports is focussed on the youth related development programmes. The division carries out the following youth related programmes:

•  School Based Parenting Education and Awareness Programmes

•  School Based Vocational Clubs

•  School Based Career Education And Counselling Programmes

•  Comprehensive School Health Programmes

Contact Details

Joint Director

Career Education and Counselling Division
Location : Opposite Bhutan Chamber of Commerce & Industry
Phone : 325177
Fax : 332251
Email : ycdchead@druknet.bt

Contact Details

Jurmi Dukpa

Location : MKTS Shopping Complex, 1 st Floor
Phone : +975-2-334715
Mobile : 17630856  

The Royal Bhutan Police are continuing in their efforts to make police procedures more child friendly, emphasizing the need to be prompt and sensitive in response to investigations and receiving of complaints. The RBP has plans to establish a women and child protection unit in Thimphu . Many policemen also provide advice and counsel to children in conflict with the law.

Contact Details

Lieut. Karma Rigzin

Department : RBP, Crime Branch HQ, Thimphu.
Phone : (02) 322347/ 322348/ 321148 (Fax)
Mobile : 17618459
Email : krigzin@yahoo.com

The extent of violence and abuse is still largely not well understood in Bhutan. Steps have been initiated by NGOs such as RENEW to conduct assessments of the situation and promote awareness of the need to stop ill-treatment of children.

Contact Details

Tshering Dolkar

The Youth Development Fund is supporting a drop-in centre in the capital, Thimphu , for people trying to combat drugs, alcohol and substance abuse. The Centre, REWA (meaning Hope), was opened in December, 2004, and aims to promote treatment and rehabilitation for alcohol and drug dependency and to provide support to alcohol and drug/dependent persons and their families. Three types of programmes are offered by REWA: a day programme, a drop in programme, and counselling. REWA has so far referred three persons to rehabilitation programmes in neighbouring India and are counselling six youths. Eight youths are enrolled in the day programme and some parents have also come seeking help for their children and information about rehabilitation. REWA members also visit police stations to talk to youths caught in connection with drug abuse.

Contact Details

Ugyen Dorji and Nidup

Location : Plot No 2, below Kuenga Zokhang, Opposite MTI
P.O Box : 255 , Thimphu
Phone : (02) 333303
Mobile : 17608475 (Ugyen Dorji)
Email : rewa@druknet.bt

Tarayana Foundation is a non profit NGO organization founded by Her Majesty the Queen Ashi Dorji Wangmo Wangchuk in 2003. The organization helps the needy, poor and socially and economically disadvantaged people in the country through sponsorship, maintenance allowances for people living in difficult circumstances, sponsor students in disadvantage circumstances, supporting needy patients to receive medical care and other charity works.

Contact Details

Tshering Yangzom

Location : 147 Zomlha Complex
PO Box : 2003 , Thimphu Bhutan
Phone : (02) 329333
Mobile : 17603507
Fax : 331433
Email : tarayana@druknet.bt/tarayana_bhutan@yahoo.com
Website : www.tarayanafoundation.org