Preparation of the report began in 1992, under the responsibility of the Commission for the Protection of Children, which was established in 1990 following ratification of the Convention. The Commission's objective was to monitor compliance with the Convention.

It was at this time that the Government embarked on the transition to democracy, and coordination between the Government and society at large had barely begun.

For their part, non-governmental organizations in general and those working with children specifically were not yet on a firm footing since they were in the process of organizing what is today the Coordination Body for Non-Governmental Organizations Assisting Children. Nevertheless, the Executive Office of the Commission held several rounds of meetings with both governmental and non-governmental organizations to deal with matters relating to the report.

At the same time, in view of the fact that this was the first report of its kind, research and diagnostic studies had to be carried out in areas on which there was little information; similarly, extensive bibliographical research was conducted using secondary sources of information. In the final stages of drafting the document technical support was received from the recently established Ministry of Social Welfare.

With a view to providing a better interpretation of the Convention on the Rights of the Child, Presidential Decree No. 11-94 in 1994 established the new Commission on the Rights of Children, six of the eleven members of the Board of Directors being representatives of society at large (see annexes 1 and 2). One of its first steps was to edit, publish and distribute 1,000 copies of the report (see annex 3, list of bodies which received a copy of the report).

The report gives this Commission an indication of what the situation of children was like when the report was written, how it has been changing and will continue to change as coordination of activities between NGOs and the

M/CRC/95/1

GE.95-15012 (E)

Government improves. This is one of the strategic objectives on which we are focusing our efforts. The NGOs are members of the present National Commission for the Promotion and Defence of the Rights of Children and as such we have agreed to prepare any reports required.

2. What is the status of the Convention in national law? Can the provisions of the Convention be invoked in court?

Regarding the first part of the question the Convention was ratified by the Government of Nicaragua in 1990; however, a few laws on children had been adopted previously, such as the 1973 Protection of Minors Act and its 1979 implementing regulations and amendments. This is the only specific law on children in force and is applied only in part. There are also laws on the family, which were enacted before the Convention and which are still in force, namely, the Mother, Father and Child Relations Act (1982), the Adoption Act (1981) and the Act on Divorce at the Request of One of the Parties (1988).

Since the ratification of the Convention, no specific laws on children and adolescents have been enacted to implement its provisions; laws predating the Convention remain in force in parallel with the Convention itself. once the Convention was ratified by the Government of Nicaragua, it became a Law of the Republic (see annex 4) and although the Constitution takes precedence, according to its article 182, the Convention in no way affects any provisions of the Constitution, and in this connection, to answer the second part of the question, it may be stated that the Convention can be invoked in any court in the country, simply because it is part of domestic law. Recently, moreover, the National Assembly partially amended the 1987 Constitution, article 71, paragraph 2, of which states: ... "Children shall enjoy special protection and all the rights inherent in their status, to which end the International Convention on the Rights of the Child shall fully apply".

Notwithstanding the constitutional provisions in force, our country does not have an adequate legal background to invoke in court the international treaties and conventions to which Nicaragua has subscribed either in labour matters, human rights or children's and women's rights.

3. Please provide information on measures taken to improve mechanisms for collecting statistical data and other necessary information about the status of children as a basis for designing programmes for the rights of the child. Please indicate whether there is a need for technical assistance in this area.

Statistical data in Nicaragua, as in many Central American countries, constitutes one of the major weaknesses for policy-makers and decision-makers, in both the public and private sectors.

The latest population census in Nicaragua was conducted in 1970 but the wars and natural disasters which our country experienced in the ensuing 24 years have inevitably modified the census data of the 1970s.

The National Cost of Living Survey (ESDENIC 85) conducted in 1985, is our only reliable source of information for the 1980s, and it was used in making population growth projections.

In 1993, the Statistics and Census Institute - the leading national statistics agency - with support from the World Bank and the United Nations, conducted the Cost of Living Survey, which focused on social services and employment.

Dissemination of the results of the Survey began in 1994, and it was at that time that the World Bank prepared a paper on family consumption, in order to measure poverty levels in the country, and the Government of Nicaragua drew up a poverty map reflecting unsatisfied basic needs.

The National Commission is at present publishing basic statistics on the standard of living among children and young people under 18 years of age, based on the findings of the 1994 Survey.

The Population and Housing Census to be conducted early in 1995 will fill many existing gaps.

However, surveys and censuses are not only ways of gathering statistics; information collected by institutions such as the register office, hospitals, etc., provide a complete statistical base. Nevertheless, considerable shortcomings in this area have resulted in under-registration in all fields. This has created confusion and explains the inadequate formulation of policies to cope with various problems.

The National Commission has identified this area as a priority subject for the international cooperation assistance it is to receive in 1995.

To that end, it will coordinate its activities with INEC, the Ministry for Social Welfare, the Ministry of Health and the Ministry of Education, which are the primary sources of information. At the same time, the results of the UNICEF pilot project, which is aimed at designing a strategy for resolving the problem of registering children, will be followed up.

In our view, however, under-registration is a particularly serious problem, especially at the local level, which is where the lack of appropriate methods for proper data collection and processing begins.

International technical assistance should therefore consider this as a priority subject in connection with comprehensive children's care programmes.

Meetings have been held with experts from the Inter-American Development Bank (IADB) with a view to initiating cooperation along these lines.

4. Please indicate what proportion of the local and central budgets are allocated to social priorities for children, particularly in the areas of health and education.

The sources available to the social sector for meeting its resource needs are the central Government's budget and external cooperation funds. The budget is in turn divided into current expenditures and investments; both headings represent centralized and national allocations, with no regional or local budgets being prepared. In recent years the central Government has made efforts not to reduce budgetary allocations for the social sector, despite the fact that its fiscal policy is to cut public expenditures in general.

The proportion of social expenditure to public expenditure has been increasing, rising from 31 per cent in 1990 to 44 per cent in 1994; the same trend is being maintained for 1995. In 1990 the lion's share of public expenditure went on defence and security (40 per cent), while production and other services accounted for only 18 per cent, and social expenditure 31 per cent. The position as regards 1994 reflects radical changes, with a decline in the defence budget from two-fifths of the 1990 figure to 18 per cent of total expenditure in 1994; at the same time social expenditure rose to 45 per cent - a record.

Priority in the allocation of social expenditure has in essence been accorded to two sectors, namely, health and education. The figures for 1994 reveal that the education sector was allocated 43.6 per cent of social expenditure, while the health sector received 42.9 per cent and other bodies, including the ministry of Social welfare, culture, sports, etc., 13.5 per cent.

The share of social expenditure in nominal terms rose from 31.4 per cent to 44.5 per cent, which is a measure of the importance the Government attaches to providing social services to the population groups in need of them, especially children.

Priority in the areas of health and education is accorded to both current expenditure and investments; this makes it possible to continue normal activities through the maintenance and repair of existing facilities and the construction of new ones to meet basic operational needs and also to expand certain priority services for the sector.

Source: Ministry of Finance, General Directorate of the Budget, August 1994.

The Ministry of Health is the State agency responsible for the management and organization of health programmes, services and activities with a view to providing the population with preventive and curative care, and ensures that it has the necessary ways and means to fulfil its functions.

To meet its objectives, the Ministry of Health has been developing activities aimed at modernizing its operations through a process of administrative decentralization, with priority being given to primary health care and restoration of the hospital network as the best way of improving the care provided.

Participation by the people is being encouraged in support of these objectives, and alternative operating methods are being introduced at the local level, with the sale of medical and hospital services.

Expenditure in the health sector indicates that its share of the GDP declined from 5 per cent to 4 per cent in 1993; it is estimated that it will amount to 4.2 per cent at the end of the year.

Measured in dollars, per capita expenditure declined in real terms from us$ 20 million in 1990 to US$ 15 million in 1992; a slight recovery began in 1993, suggesting that the figure for 1994 will be US$ 19 million.

Similarly, population growth has resulted in a decline in per capita health expenditure to 84 per cent in 1994 in comparison with 1990.

To achieve its objectives, the Ministry of Education has been developing activities aimed at modernizing its operations; it also promotes the development of education at all levels on the basis of international cooperation assistance.

The programmes with highest priority are aimed at introducing new methods to improve the quality of the teachers. Another basic programme concentrates on repeat rates at the first to fourth grade levels.

The allocation of resources to the education sector for the period 1990 to 1994 was as follows:

Expenditure on education has increased every year, although not as fast as the GDP.

Despite the steady annual increase in education expenditure, the per capita ratio has declined because of population growth, which exceeds the increase in central Government spending on education.

For this reason, it has been necessary to give priority to primary education programmes, on which expenditure has been increasing steadily, rising from 65 per cent in 1991 to 72 per cent in 1993. Next in importance is the secondary education programme, on which expenditure rose from 9 per cent in 1991 to 17 per cent in 1993.

5. Please provide details of the progress made in amending the Protection of Minors Act to ensure that its provisions are compatible with those of the Convention on the Rights of the Child, including, in particular, with regard to the system of the administration of juvenile justice.

The Government of Nicaragua embarked upon a study with a view to amending the Protection of Minors Act owing to the need to remedy an irregular situation which the Convention itself has corrected. It should be noted that when the amendment process began, there was a degree of uncertainty about the content and spirit of the Convention; it has now become clear, however, that the Convention calls for substantial changes in Nicaraguan legislation that cannot be achieved simply by amending the Act, since the Convention guarantees the rights of the child more fully than the Protection of Minors Act.

This year, the National Commission for the Promotion and Defence of the Rights of Children initiated a series of studies on the legal and social status of Nicaraguan children and adolescents, and has concluded that the amendment of the Protection of Minors Act would not be sufficient and that legislative action was required with a view to drafting a code on children and adolescents in order to ensure proper compliance with the Convention.

As regards the administration of justice, the Protection of Minors Act currently in force contains provisions on juvenile offenders who are under 18 years of age and therefore unimputable. The Act no longer has any practical effect, since it was amended by Executive Decree No. 111 of 1979 which transferred all the jurisdictional functions of juvenile judges and courts to the administrative sphere. In 1987, article 35 of the Constitution established as a constitutional principle the fact that, being unimputable, minors - who are regarded under the ordinary law as persons under 15 years of age - cannot be subjected to any kind of legal proceedings.

In other words, there are virtually no specialized agencies for the administration of juvenile justice for minors who have violated the law but are unimputable.

In accordance with the constitutional principle in force, therefore, unimputable minors cannot be tried.

Juvenile offenders who are over 15 years of age and are therefore considered to be imputable and can therefore be tried, are tried on the basis of the same criminal procedure as adults, but separated from adults in the country's prisons.

6. Has the office of Human Rights Ombudsman been established in Nicaragua? Has the Government considered the Possibility of establishing an Ombudsman for children?

The President, in Executive Decree No. 46-92 (see annex 5,) ordered an amendment of the Organic Law of the Attorney-General's Office that established the office of Human Rights Ombudsman; it must, however, be acknowledged that the office has not been in operation for lack of funding and pending the adoption of constitutional amendments that will elevate the office to constitutional rank. These amendments will continue under the next Parliament. The proposals relating to the establishment of the office of Human Rights Ombudsman were passed at first reading.

As regards the ombudsman for children, one result of the socio-legal studies embarked upon by the National Commission for the Promotion and Defence of the Rights of Children this year was the establishment of an office of ombudsman for Children to handle cases concerned with the defence of children's rights. The status of the new office -whether it should be part of the executive or an independent entity - is now being assessed.

It is important to note that, this year, by Executive Decree No. 11-94, the President established the National Commission for the Promotion and Defence of the Rights of Children whose principal aim, according to article 2 of the Decree is to promote and defend children's rights; in other words, it is required to provide an institutional defence of their rights, this being understood to mean a defence within and beyond the institutional setting of the executive.

The main functions of the Commission are:

1. To promote the follow-up machinery necessary to monitor progress in the

application of the Convention, and to press for the passage of legislation ensuring better compliance with the Convention in Nicaragua;

2. To promote the involvement of the various segments of society in the attainment of the targets set in the Human Development, Childhood and Youth Plans.

3. To promote the teaching and increased public awareness of the rights of the child with a view to the better enforcement of current international and domestic standards.

4. To promote government coordination or participation with national and foreign non-governmental organizations and international bodies in managing and securing aid and cooperation for children.

5. To manage and contribute, directly or through the appropriate State institutions, to the acquisition of financial resources and technical assistance to hasten the development of projects and programmes of benefit to children.

It is important to point out that members of the Social Office, such as the ministers from the Nicaraguan Institute of Municipal Development, the Institute for Women, the Sports Institute, as well as representatives of religious associations and non-governmental organizations working with children and the chairman of the National Assembly's Commission for Children, Juveniles, women and the Family, belong to the National Commission for the Promotion and Defence of the Rights of Children, thus providing a degree of assurance that the policies and activities promoted by the National Commission will be put into practice. The Commission is chaired by the President of the Republic.

7. To what extent is international cooperation focusing on enhancing the implementation of the Convention? What share of international assistance received by Nicaragua is devoted to programmes which benefit children?

The Nicaraguan Government steers a large part of its international cooperation assistance programmes and projects of benefit to children, hence meeting in part the requirements of the Convention on the Rights of the Child.

Total multilateral resources scheduled for disbursement in 1994 amount to US$ 50.2 million. of this, 35 per cent is for projects benefiting children, namely US$17,473,765 for the year 1994, financed by seven multilateral agencies and implemented by six national bodies.

Project	Agency	Sector	Amount
Children in difficult circumstances	UNICEF	INSSBI/NGOs	570 290
Comprehensive pre-school care	WFP	INSSBI/MED	12 364 501
Maternal and child health	UNFPA	MINSA	400,000
How to respect children's rights	EEC	MAS	65,000
Promotion of micro-enterprises and education for children	UNDP	MIPRES	16,700
Expanded Programme of Immunization	WHO	MINSA	1 125 000
Comprehensive care for mothers and children	WHO	MINSA	50,700
Comprehensive development for rural teenagers	UNFPA	RAAS	381 574
Production in vocational schools	CABEI	INATEC	2 500 000
TOTAL			17 473 765

Source: Ministry of External Cooperation. GP-VM-0174-DGGM-94.

8. With regard to information contained in paragraphs 16, 26 and 115 of the report, please provide details of any suggestions or recommendations forthcoming from the stud,/ being conducted on possible changes to be introduced in national legislation concerning children, including any proposals to ensure the compatibility of national legislation with article 1 of the Convention.

The parliamentary debate on the partial amendment of the 1987 Constitution ended on 25 November with the passage of article 71, paragraph 2, which raised the Convention on the Rights of the Child to constitutional status and established its "unrestricted validity". This article is of monumental importance since, besides ratifying the Convention, the Nicaraguan Government has not only incorporated it into domestic law but, with this constitutional standard, is now obliged to bring national legislation into line with it. Since article 182 of the Constitution proclaims the supremacy of the Constitution over any other law that conflicts with it, laws will now have to be reformed, rescinded and promulgated in accordance with the new constitutional principle established in article 71.

The National Assembly's Commission for Children, Juveniles, Women and the Family has launched a series of nationwide discussions in order to standardize the various age criteria laid down in national legislation for specific legal actions. The findings are annexed (annex 6).

The National Commission for the Promotion and Defence of the Rights of Children has also initiated studies, investigations and discussions with a view to the drafting of legislation, priority being given to the Child and Youth Code which will contain the regulations giving effect to the Convention on the Rights of the Child.

A technical committee has been set up for this purpose, comprising members of the executive, the legislature and the general public, who will direct the process of drafting such legislation.

9. How does the minimum age for admission to employment compare with the age of completion of compulsory schooling?

The National Assembly passed the new Labour Code during the present parliamentary session; one of its provisions lays down a minimum working age of 14. The Code is now awaiting approval or endorsement by the executive for later promulgation and publication.

From the legal point of view there is no conflict between the minimum working age and the age at which compulsory schooling ends, which is between 11 and 12 years.

10. Please provide further information on the measures taken or envisaged to implement the provisions of article 2 of the Convention, relating to non-discrimination.

Article 2 of the Convention is valid in Nicaraguan legislation by virtue of the Constitution and the ordinary law.

Article 27 of the present Constitution states: "All persons are equal before the law and are entitled to equal protection. There shall be no discrimination by reason of birth, nationality, political beliefs, race, sex, language, religion, opinion, origins, economic status or social standing."

This provision guarantees the constitutional right not to be subject to discrimination, and applies to "all persons", whether female, male, juvenile, teenage, or elderly, since the aim has been to make the article as comprehensive as possible and to avoid any limitation such as might have been implied by establishing equality among citizens or persons of full age. it is also in keeping with article 2 of the current Civil Code, which states: "All individuals of the human species, whatever their age, sex, extraction or status, are natural persons."

Moreover, article 75 of the Constitution states: "All children have equal rights. No discriminatory designations of filial relationships shall be used."

There are other provisions in the ordinary law that provide safeguards against discrimination, one example being article 73 of the current Code and the associated implementing regulations, which guarantee children, whether or not they are born in matrimony, the right to maintenance by a wage-earning parent.

The 1992 Maintenance Act also guarantees children's right to maintenance, whether or not they are recognized by their presumed fathers.

The 1981 Social Security Act and associated regulations establish the right to orphans, benefits for all children, legitimate or illegitimate, of persons covered by the social security scheme.

11. With reference to information contained in paragraph 132 of the report, please provide information on the pilot project introduced to provide training for children in survival strategies so that they themselves can disseminate and promote their rights and ensure that adults observe them.

The second phase of this project is being launched, involving a selection of 60 children nation-wide between the ages of 9 and 15 working directly and indirectly to pass on the message of the defence and protection of children's rights.

The public education and awareness campaign on children's rights is conducted by means of direct contacts with Government bodies, private businesses and public institutions and through the media - television, radio, newspapers, posters and news-sheets.

The most successful project in Nicaragua has been Los Cumiches de Esteli (the "Esteli Kids"), a group of children aged between 7 and 14 who work as reporters on children's rights. They have been provided with a radio transmitter for broadcasting their programmes. Word of this experiment has spread to other countries in Central America, and the initiative has been imitated by other groups of children within Nicaragua.

12. Please indicate the measures taken or envisaged to ensure that all children are registered after birth. How is registration ensured in the rural areas? What measures have been taken to address the problem of the non-registration of children during the period of the war? In what ways, if any, does the failure to register a child's birth affect the full enjoyment of the other rights provided for in the Convention?

Registration of births and deaths is the responsibility of local government throughout the country. Only when the present Government (1990-1996) took power was administrative decentralization promoted as a national policy, making the municipality the primary unit in the political and administrative division of the country.

Until 1990 municipal governments had no administrative role in the national Government. As a result, their technical and financial capacity for providing services was extremely limited. The register office did not escape these technical and financial shortcomings, whose impact was more conspicuous in rural municipalities, where virtually no tally was kept of births and deaths.

This problem will be solved in part over the coming years by the institutional strengthening of local government and its capacity to handle vital statistics.

Nicaraguan children born abroad could, upon returning home at the end of the war in 1989-1991, be registered by their parents once back in Nicaragua, thanks to the backing of bodies such as CIAV-OAS and UNHCR.

The country has now introduced a notarial procedure under which birth certificates can be resubmitted, thus enabling citizens of any age to be put on the civil register and obtain appropriate documentation.

Birth certificates are not required in order to obtain basic social services, education, health care or housing, but without them it is harder to gain access to other, less basic services such as secondary education, loans, and foreign travel.

UNICEF is currently engaged in a pilot project with street children who have no birth records, to see what obstacles to registration they encounter and what options there are for overcoming them. The project may come up with alternatives for improving registration throughout the country.

13. In view of the information contained in paragraph 135 of the report, please indicate whether the Government is considering developing and implementing a major campaign to ensure that the new system of identification papers being introduced reaches the entire population.

Through the Supreme Electoral Council, Mrs. Violeta Barrios de Chamorro's Government is giving priority to the issue of identity cards to all those who, from the age of 16, may take part in the next elections in 1996.

14. In view of the information contained in paragraphs 140 and 147 of the report, please indicate the measures being taken by the Government to further sensitize media editors or owners of their obligation to protect children from harmful exposure in the media.

Freedom of expression is at present unrestricted in Nicaragua, and the country is enjoying its first few years of participatory social democracy. The media have benefited greatly from this new freedom but have not known how to use it with restraint and, as in many other countries, have lapsed into the misleading defence of violent and unhealthy conduct that does nothing to advance the construction of just and worthy societies for future generations.

In the circumstances, the Government, through the National Commission for the Protection of Children, has included among its activities the development of a participatory public communication strategy in favour of children and young people, transmitting messages through traditional and non-traditional media.

It has defined the nature of the new communicators, in the sense of agents of change (schoolteachers, heads of households, social workers, university students, religious communities etc.) . A wide variety of methods for working with them are under development in order to launch permanent campaigns to make people at the local level aware of issues relating to children.

As work with the media is also important, encouragement has been given to the establishment of a Journalists For Children Movement (Movimiento de periodistas amigos (as) de los niños). This Movement, comprising journalists of all political persuasions, has recently begun work and its stated objective is to support the enjoyment of children's rights.

The Commission will provide backing for training activities and the expansion of the Movement.

15. Are there plans to develop comprehensive family education Programmes to improve the Guidance given, especially to young -people, on the responsibilities of parenthood?

The Government is launching a pilot teenage sex-education project through the Ministry of Social Affairs to reduce maternal mortality in that population group.

It has also drafted a population policy which broadly encompasses the four vital areas relevant to mortality and fertility, namely, freedom, general and sexual education, basic health and nutrition.

Freedom is a right respected by the Government, and there is no thought of touching it. Having children will always be a decision for the couple, the State's duty being to help couples reach educated and informed decisions.

Sexual education must be comprehensive and offered in the context of a set of moral values and the exercise of sexuality subject to fidelity and responsibility. Such education will be provided starting in primary school, its content being tailored to the level of maturity of pupils, but respecting the right of parents to help determine what is taught.

This policy dictates that family planning services will be offered as part of comprehensive health-care programmes designed to reduce infant and maternal morbidity and mortality and the risks of early, frequent and late pregnancies. Health-care and educational efforts will be coordinated for this purpose, and the continuation of financial aid and technical assistance under international cooperation programmes will also be necessary.

16. Have country-wide campaigns, using the mass media, been introduced to prevent violence within the family and sexual and physical abuse of children?

The Nicaraguan Government has embarked upon activities on behalf of children in the departments of Matagalpa, León, Chinandega, Masaya, Nueva Segovia, Rivas, Chontales, Rio San Juan and Managua in conjunction with systematic public information and public education campaigns in the mass media - through radio stations and local television channels and in print (brochures, comic strips, calendars, posters). These departments account for a large proportion of the country. It has also introduced programmes on nation-wide radio networks which have been directly involved in the design and execution of programmes to guide, stimulate, entertain, educate and inform children and the general public about children's rights and related activities.

The Government, through the Ministry of Health and in coordination with local governments, has set itself the objective of reducing infant and maternal perinatal and neonatal mortality, and improving basic health care, drinking-water and environmental sanitation services by means of projects and programmes to tackle problems affecting both mothers and children (drug addiction), mental problems, obstetric problems, battered women, abandoned children and pregnant teenagers.

Though its "No age limits" programme, the Ministry of Education provides care for children in particularly difficult circumstances; under this programme working children complete their primary education in three years thanks to the use of methods geared to the particular characteristics of such children.

Many such programmes are preventive and family- or community-based, addressing the causes of aggressive behaviour in family and community relationships. Interdisciplinary work is also involved, which is supported by local and national non-governmental organizations.

Basic education is considered the preventive factor par excellence, since it can reach into the family setting which, in the great majority of cases, is where most violence against women and children occurs.

17. Please indicate the measures being taken or considered to prevent the high incidence of rape.

One of the measures taken by Nicaragua to prevent the high incidence of rape was the promulgation of Act 150 (see annex 7), approved in June 1992, concerning rape and other sexual offences committed against minors, which established penalties of 15 to 20 years, imprisonment. In addition, this Act introduced a new legal element by classifying as an offence the sexual corruption of a person of under 16 years of age, the offence being aggravated if the victim is under 12.

According to the most important provisions of this Act, sexual offences are now public rather than private offences. Thus, forgiveness by the victim is circumvented and the Public Prosecutor's office is obliged to carry the proceedings through to a conclusion, especially if the victim is a minor.

Another measure adopted by the Government is the establishment of the Commission for women and Children to coordinate the efforts of various State institutions and non-governmental organizations to combat sexual violence against women and children. The experience gained during the Commission's first year of existence has been very encouraging and arrangements are being made to increase to five the number of the Commission's offices in the country.

18. Information available to the Committee indicates that children suffer from a lack of adequately nutritious food and that breast-feeding of children is not sufficiently widespread. In view of this, please indicate the additional measures being taken by the Government to ensure that all segments of the population are adequately -provided with basic knowledge on nutrition as well as the advantages of breast-feeding.

From the standpoint of human rights, breast-feeding is an inalienable right of the child, since it means optimum nutrition and the best social stimulation at its age. Breast-feeding is also an indisputable right of women, which society should do everything in its power to respect.

In order to reinforce these principles, the Breast-Feeding Act (annex 8) was promulgated in December 1981. Subsequently, in 1994, the Ministry of Health took steps to apply the Act by issuing a ministerial decree concerning its implementation in health centres and hospitals at the national level. Nine hospitals in the country have been classified as "children's friend" hospitals and, among other things, encourage breast-feeding.

There is also a National Commission for the Promotion of Breast-Feeding, with membership drawn from government and non-governmental circles, whose aim is to achieve a steady improvement in breast-feeding figures and to establish breast-feeding as the exclusive form of nutrition for infants less than six months old.

Together with the Commission, the Ministry of Health has drawn up an action plan which comprises the following activities for 1995-1999:

1. A popularization campaign through the mass media.

2. A review of the legal framework in force.

3. Dissemination and monitoring of the International Code of Marketing of Breast-milk Substitutes.

4. Inclusion of the subject of breast-feeding in the curriculum of basic, technical, vocational and special schools.

5. A multidisciplinary technical training scheme.

6. Development of the "children's and mothers, friend" hospital strategy.

7. Support for the wet-nurse mother project at the community level. The Breast-Feeding Action Plan is appended (annex 9).

19. Please provide information on the number of children born to girls under the age of 18.

In 1993, the number of children born to adolescent mothers was about 33,866, the corresponding figure for 1994 being 34,956. In both cases these figures represent 24 per cent of the total number of births.

There is a high percentage of adolescent pregnancies in rural areas, where young people are less educated and have less access to family planning information and services.

20. In view of the information given in paragraph 122 of the report that clandestine abortions are one of the major causes of maternal mortality, particularly among the very young, please provide further information on the availability of family planning education and services in Nicaragua.

According to hospital statistics, induced abortion is one of the principal causes of maternal mortality. It is estimated that, in 1990 and 1991, abortion was responsible for 24 per cent of maternal deaths inside and outside hospitals; in 1992 and 1993 this figure is believed to have fallen to 13 per cent and 12 per cent respectively. Thus, in the present situation, the prevention of abortion by preventing unwanted pregnancies through the active practice of family planning would appear to be an important means of reducing maternal mortality, especially among young women.

The Ministry of Education and the Ministry of Health have undertaken a broad joint programme in the field of sex education and family planning. Both subjects will be included in the school curriculum, and services and information relating to all the alternative forms of family planning will continue to be provided at health posts and health centres. Nicaragua does not recognize abortion as a family planning technique, although abortion may be practised for therapeutic reasons in specialized gynaecological hospitals.

21. With regard to the information contained in paragraph 195 of the report that the health and social security systems are now seeking new alternatives, including the possibility that some services may be charged, and others may be semi-subsidized and others may be completely free for priority sectors, please provide clarification as to the measures being taken to ensure that such initiatives do not place too great a financial burden on the 70 per cent of the population already living in a situation of poverty.

It has been decided as public health policy that the Primary Care Programme should be free. This Programme covers care for women and children, in both health centres and hospitals, as well as drugs and medicines for the chronically ill and disabled. Priority attention is accorded to children struggling to survive and to pregnant adolescents.

The Government of Nicaragua uses welfare programmes to supplement primary education and basic health services, which are free. These supplementary programmes are focused on groups with a high degree of social and economic vulnerability and care for more than 200,000 children in a critical situation, providing children's canteens, school milk, dietary biscuits, grants for young people starting work, employment for the heads of low-income families, assistance with building materials for housing, special credit programmes for small producers and encouragement for cooperative movements and micro-enterprises for women and young people.

These various assistance measures form the basis of a welfare system that protects the most vulnerable groups. The implementation of the corresponding programmes is the responsibility of the Government's social agencies in coordination with community bodies.

22. Has the Government taken any steps towards developing a comprehensive housing policy consistent with the State party's obligations under international instruments?

In 1994, support was provided for government-initiated programmes to solve the housing problems of persons demobilized from the army and the resistance movement and of the disabled.

The Banco de la Vivienda de Nicaragua (BAVINIC) has assisted in finding solutions, ranging from the provision of building lots to the provision of housing. The schedule for 1994 included the provision of housing in Chinandega, León, San Marcos and Nueva Guinea.

BAVINIC's housing programmes for 1994 were as follows:

Programme	Target (units)	Completed
		units	%
I. Low-cost housing programme: (a) BCIE-Mexico subprogramme (b) FIV-Venezuela subprogramme	3 677 1 710	3 520 1 493	96 87
II. Low-cost housing unit programme (self-built housing)	350	350	100
III. Middle-income housing programme (free market)	338	338	100
IV. Demobilization and disabled persons programme (government-aided programme)	*3 477	-	-
TOTAL	9 552	5 701	60

* This programme is in the acceptance stage.

For 1994, the Government envisaged the construction, through the Banco de la Vivienda, of 9,552 housing units under four programmes aimed at various sectors of society, namely: the Low-cost Housing Programme comprising the two BCIE-Mexico and FIV-Venezuela subprogrammes, the Low-cost Housing Unit Programme (self-built housing), the Middle-Income Programme (free market), and the Demobilization and Disabled Persons Programme (government-aided programme).

Other government agencies were also active in the housing sector, especially in a supporting role, examples being the Ministry of Social Affairs with its food-for-work programmes, the National Technological Institute (INATEC) with its training activities, and INIFOM with its support for municipal authorities which, in turn, took practical action.

23. In view of the information contained in paragraph 40 of the report please provide details of the costs of sending a child to school. Are any measures being taken or envisaged to assist children from poor families to continue their education?

The share of primary education increased during the period 1991-1993, rising from 65 per cent in 1990 to 72 per cent in 1993, second in order of importance being secondary education which in 1993 accounted for 17 per cent; in other words, the two programmes together absorbed almost 90 per cent of the education budget.

Source: Ministry of Education - Finance Division, 1994.

During the period 1991-1993, trends in cost per pupil for the various programmes administered by the Ministry of Education, expressed as absolute values in current cordobas, were as follows:

Source: Ministry of Education - Finance Division, 1994.

The cost per pupil, which continued to decline between 1991 and 1993 to 51 per cent, is lowest for the adult education programme. The next lowest is the cost of pre-school education which showed a similar decline, mainly because it is covered by the Bernard van-Leer project.

In primary education, the trend has been in the opposite direction, the cost per pupil increasing by 27 per cent between 1991 and 1993. over the same period the cost of secondary education also rose, in this case by 120 per cent, reflecting the largest increase.

Primary education is free throughout the national territory. A secondary school student pays C$ 10 (10 cordobas) per month for his education.

Since the cost of maintaining the school infrastructure is greater than that covered by the budget, some school centres collect the difference from the pupils; the poorest are the most affected by this practice which, although not approved by the Ministry of Education, nevertheless exists.

24. Please provide details of any factors and difficulties encountered and progress achieved with regard to the measures taken to improve the quality of education.

In order to ensure greater efficiency and effectiveness in the delivery of education services, the Ministry of Education improved the inter-sectoral allocation of resources in 1994; explored means of recovering costs and restoring the administrative and financial independence of schools; improved management systems and administrative capabilities; reviewed teacher incentives; made a special effort to eliminate illiteracy among women between 15 and 25 years old and made progress with the provision of care in pre-school education, both formal and informal.

To improve the quality of education, job profiles have been prepared for the posts of primary school teacher and teacher trainer, and 2,400 teachers in the first and second grades have received activity method training. All this has helped to reduce the number of drop-outs and repeaters in the first grades of primary school.

A document entitled "The communal nursery school, a viable educational model,, has been drawn up as a guide for extending the coverage and improving the quality of preschool education. Moreover, the action taken to increase awareness of the importance of preschool education among parents and in the community at large has made it possible to provide regular care for preschool children.

Better provision has been made for the student population, mainly in rural areas, by renovating 237 primary education centres and 9 secondary schools which have been supplied with 198,000 desks.

To provide greater incentives for teachers and raise the quality of education, proposals to amend the Teaching Career Act and a Curriculum Revision Plan have been drawn up.

Coverage in the informal sector has been extended, priority being accorded to rural and urban fringe areas, and an additional 28,521 children, 13 per cent more than the target are now covered.

25. Please indicate the progress made towards decentralizing the education sector (para. 54 of the report).

The extension of the decentralization programme to cover 28 secondary schools has led to greater community participation in educational management.

Similarly, the school budget has been transferred to three decentralized municipalities (matagalpa, Granada, and San Pedro de Lóvago), where it is administered by a municipal council comprising representatives of the civil and religious authorities, parents and private enterprise.

26. In view of the 150,000 children of school age presently outside of the educational system and the generally poor nutritional value of children's diet Provided by the family has the Government considered introducing free school meals as an incentive to encourage school attendance?

In 1994, in order to help reduce malnutrition and drop-out rates and to improve the performance of primary school pupils, the ministry of Education continued its school milk and biscuit programmes through which benefited 430,000 and 120,000 children respectively, or 98 per cent and 96 per cent of the target figures, as may be seen from the following table:

Programme	Target	Target achievement (actual)	Target achievement (percentage)
"Glass of milk for schools" programme
Children benefiting	440 000	430 000	98
Schools covered	5 008	5 193	103
"Biscuits for schools" programme
Children benefiting	125 000	120 000	96
Schools covered	1 561	1 600	102

halted in order to give priority to a larger number of rural schools (where there are fewer children), since the latter have the highest malnutrition and school drop-out rates.

These programmes have helped to improve daily school attendance records, and have resulted in greater contact with parents in the solution of school problems as well as an increase in the number of children continuing their schooling and going on to the next classes in the first primary grades.

As regards the coverage of preschool children, the Nicaraguan Social Security and Welfare Institute (INSSEI), through its social welfare services operated some 1,450 children's canteens that catered to 94,000 children between three and six years of age.

27. Please provide information on the extent to which land-mines may be considered as a problem affecting children's lives in Nicaragua and whether efforts have been undertaken to remove any land-mines still remaining in the country.

The Government, through the Ministry of the Interior, and together with the National Army and the Inter-American Defense Board of the organization of American States has been engaged in mine-clearing operations particularly in areas which were the scene of armed conflict in the 1980s and mainly with a view to protecting Nicaragua's children.

The mines laid jeopardize the lives not only of children but also of adults; however it should be borne in mind that the areas and devices question may be considered as inaccessible to children, since in the main they are in border areas which are difficult to reach, with a low or zero population density. Admittedly bridges, high voltage pylons and military objectives might well have been mined, but although they are situated within national territory, they have been duly identified and marked to indicate the danger they represent.

In the circumstances, the Government began to clear the remaining mines. It should be added, however, that although it embarked upon this operation in March 1993 on the basis of a Mine Clearance Plan under the supervision and with the support of the Inter-American Defense Board (IADB) , as provided for by OAS, it was suspended early this year (1994) for lack of government resources and international support.

The following is a summary of such progress as has been made with this Plan, particularly in the northern and central regions of Nicaragua:

The SPA suffered eight casualties (two deaths and six injured) during these mine-clearance operations.

What is important is that, if the Plan is to continue and the remaining mines are to be deactivated and destroyed, the necessary resources must be made available; it is therefore up to the Government and the international organizations concerned to provide Nicaragua with this support.

Nevertheless, mines continue to be cleared as the need arises in several regions of the country; however these mine-clearance operations are limited in scope and based on cooperation between the SPA and bodies such as the Ministry of Construction and Transport or the Nicaraguan Energy Institute, with a view to the implementation of their specific plans.

28. What concrete measures is the Government taking to halt and prosecute the abuses ranging from searches of homes to the murder of entire families, in which children are not spared, which are caused by rearmed irregular units that are still active in the mountain areas that were the scene of warfare?

The Government of Nicaragua, through the Ministry of Interior, is engaged in the crucial task of disarming various armed groups, the most recent example being the Caulatú Agreements which will bring peace and security to Wilwilí, Quilalí, Susucayán, El Jícaro and Murra. This disarmament process will contribute to family reunification and ultimately to the protection of children against the scourge of violence and displacement as well as to the implementation of economic and social development programmes for the people concerned.

A loan of $1.5 million was recently approved by the Central American Bank for Economic Integration (CABEI) to finance the Integrated Rural Development Project for the Planes de Vilán communities, and will be administered by the Ministry of the Interior and implemented by the International Support and Verification Commission (CIAV-OAS). The importance of this project is that it targets a highly marginalized post-war population and will benefit 5,600 inhabitants of Jinotega department, thereby making an important contribution to peace.

Military operations will continue in the areas affected on the basis of joint EPS-PN operational plans with a view to neutralizing groups of irregulars and bands of criminals in order to achieve pacification and stability, thereby ensuring that the population of rural areas can live and work in peace.

Military operations are at present under way to protect the coffee harvest; this plan was initiated in September 1994 and so far has resulted in the capture of 114 criminals (approximately 15 gangs have been neutralized). There have also been 15 clashes with groups of irregulars, resulting in 34 casualties (16 dead, 16 wounded and 2 prisoners).

29. Please provide detailed information on the system of administration of juvenile justice particularly as regards the measures taken: to prohibit capital punishment and life imprisonment without Possibility of release; to ensure that arrest, detention or imprisonment are used as a measure of last resort and for the shortest possible period of time.

The administration of juvenile justice in Nicaragua falls under two different headings, namely, administrative and judicial:

1. The administration of justice for juvenile offenders under 15 years of age, whose behaviour is governed by the 1979 Protection of Minors Act and its implementing regulations and amendments, which have already been mentioned. Its legal provisions concerning juvenile offenders under 15 years of age are not applied in practice, in other words, they are legally in force but have no practical effect, since by Decree No. 111 of 1979 the then Government Junta of National Reconstruction transferred all jurisdictional functions under the Act to the administrative sphere. At the present time it is the office of Minors and the Family of the Nicaraguan Social Security and Welfare Institute which is responsible for applying the Protection of Minors Act, but without any binding force;

2. Under the judicial heading, juveniles over 15 and under 21 are tried by the ordinary courts with the same guarantees of due process as those laid down in the Constitution. Moreover, article 29 of the Penal Code in force states that the fact that a juvenile offender is over 15 and under 21 years of age constitutes an extenuating circumstance of his criminal responsibility.

With regard to capital punishment, article 23 of the present Constitution states that "the right to life is inviolable and inherent in the individual. There is no death sentence in Nicaragua," which means that no crime, however serious, carries the death sentence in Nicaragua. The maximum sentence laid down in the Penal Code is 30 years' imprisonment.

There is as yet no special act covering juvenile offenders over 15 and under 21, i.e. persons considered to be imputable, and only article 29 (referred to above) of the Penal Code in force is applied in practice, while the fact of being over 15 and under 21 is considered to be an extenuating circumstance, thus enabling magistrates to impose minimum penalties if his guilt is established.

It should be mentioned that the National Assembly amended the Constitution partially on 25 November 1994 and that article 71 (as amended) states that "Children enjoy special protection and all the rights their status demands, and therefore the International Convention on the Rights of the Child is fully valid."

This will permit the promulgation of supplementary laws to ensure compliance with the Convention; one such law will establish the minimum age of imputability and a special act on the trial of offenders will provide for a minimum period of imprisonment, but only for extremely serious offences.

30. In addition, please indicate:

The number of children deprived of their liberty and the reasons for their detention;

The specific rules which exist for the treatment of young law offenders in the institutions used at present for the custody of such offenders; How conditions in such institutions are monitored;

Whether any complaints procedures in cases of ill-treatment exist;

What education and health facilities exist in these institutions; and What measures are taken for the physical and Psychological recovery and social reintegration of children involved in the administration of juvenile justice in a manner which fosters the health, self-respect and dignity of the child.

In Nicaragua minors under 15 years of age are not imputable and therefore cannot be detained or tried, as has already been noted.

The United Nations Rules for the Protection of Juveniles Deprived of their Liberty, adopted by the General Assembly in resolution 45/113, are applicable to juvenile offenders of over 15 and under 21 years of age and who are therefore subject to detention. In addition, article 39 of the Constitution states that the prison system in Nicaragua is humanitarian and that its basic function is to rehabilitate the prisoner with a view to his reintegration into society. The progressive approach adopted promotes family unity, health, educational and cultural achievement and productive employment and provides the prisoner with financial remuneration. Sentences are intended to rehabilitate.

In order to guarantee the rights set out in that article, prison authorities have agreed to the establishment of a prisoners' committee elected by the prisoners themselves to ensure compliance with their rights; there is also a prisoner's management board comprising relatives of prisoners and members of society which protects the interests of prisoners.

In the event of ill-treatment, the relatives of inmates may report any violation of their rights to the office of Civil Accountability, which is subordinate to the Ministry of the Interior. Moreover, humanitarian, religious and human rights organizations have access to the country's prison system for the purpose of monitoring the treatment of inmates by the prison authorities. Those authorities recently submitted to the National Assembly a list of 39 minors under 18 years of age who were sentenced for various types of offences with a view to their being granted a pardon on the occasion of Christmas and the New Year; this list is approved annually by the Legislature.

31. What measures are being taken to invest in the prevention of Juvenile delinquency at the national level? In addition, please provide further details of any measures being taken to establish suitable centres for the treatment of young law offenders, including through any amendments being considered to the law to provide treatment that is suitable to Juveniles.

The Nicaraguan Social Security and Welfare Institute, through its

Department of Minors and the Family, is the Government's administrative agency for implementing prevention and protection programmes for children and adolescents. in addition, the Protection of minors Act empowers INSSBI to look into all cases of children at risk, abandoned children and working children, i.e. children in especially difficult circumstances. Moreover, with regard to the first part of the question, INSSBI operates a so-called "street educators" programme, whose main purpose is to prevent juvenile delinquency. A street educator's work consists in involving children from 7 to 15 years of age in educational and recreational activities.

INSSBI also manages other programmes in the area of prevention, such as a programme of care for abandoned and ill-treated children, and provides them with "substitute homes", of which there are now 1,100; its other preventive programmes include comprehensive basic services, children's cafeterias, which cater to 98,385 children and 1,150 community children's homes, which function as day-care centres, cafeterias, and cultural centres frequented by 92,000 children (annex 10).

As for the second part of the question, it may be noted that, the Protection of Minors Act notwithstanding, there are no detention centres for imputable juvenile offenders for the reasons given in the reply to Question 29 and also because of the explicit prohibition contained in article 35 of the Constitution, which states: "Minors may not be tried or subjected to any form of legal proceedings. Juvenile offenders may not be placed in criminal rehabilitation centres but shall be cared for in centres under the responsibility of the appropriate specialized body. A law on the subject will be enacted."

Juvenile offenders between 15 and 21 years of age are kept separate from adults in the country's criminal rehabilitation centres even in the absence of specific legal provisions to that effect.

32. In view of the information contained in paragraphs 150 to 155 of the report, please indicate the measures being considered to Provide training to law enforcement officers and prison personnel about the provisions of the Convention and other international instruments relating to the administration of juvenile justice. Has the Government requested international technical assistance in this regard?

The Ministry of the Interior has, through the prison system, been acquainting law enforcement officers and prison personnel with the provisions of various international instruments concerning the administration of juvenile justice.

Similarly, the Human Rights Commissions have been conducting human rights seminars to provide a better understanding of the duties and rights of prisoners. Seminars on the subject have also been organized by the Inter-American Institute of Human Rights. At the same time efforts have been made to upgrade the professionalism of prison officials, a recent example being the training of 10 senior prison officials in Buenos Aires, Argentina, for a two-month period on the basis of cooperation between the Nicaraguan Government and the Argentine Government.

Lastly, the Code of Conduct for Law Enforcement officials and the Body of Principles for the Protection of All Persons under any Form of Detention or Imprisonment have been complied with.

33. Is the Government considering undertaking a comprehensive study or diagnosis of the problem of child labour which could form the basis for designing appropriate policy and strategies to address this issue?

A study entitled "Social and Labour Profile of Children 10 to 14 Years of Age in the Urban Areas of Nicaragua,, has been prepared on the basis of the household surveys conducted in eight towns in 1993.

34. Is the Government considering establishing as an offence, the trafficking in children?

Although the criminal legislation in force does not specifically refer to trafficking in children as an offence, a number of general legal provisions describe such acts as punishable offences:

Article 227 of the Criminal Code, which states: "Anyone who abducts a minor under 14 years of age or incompetent person from his parents, guardian or persons responsible for his care and detains him against their wishes shall be punishable by one to three years' imprisonment.

Article 228 of the Criminal Code, which states that the abduction of any person in general is regarded as an offence and provides for a heavier sentence of three to six years' imprisonment if the abductor takes the person abducted out of the country (a).

Lastly, article 552 of the Criminal Code states that any person who engages in the 'white slave trade,, namely, international traffic in women or children for prostitution or sexual purposes shall be punishable by three to five years, imprisonment."

35. Please provide brief details on the situation of minority and indigenous children living in Nicaragua, particularly those residing in the Atlantic coast regions and Central North zones.

According to information from INSSBI, approximately 113,000 minors live in extreme poverty in urban areas, including 50,000 members of ethnic groups located for the most part along the country's Atlantic Coast.