Child Protection

Protection of children is necessary which is reaction of many unaware harsh realities of childhood that knows only misery, fear, deprivation and exploitation. Throughout the world children are considered as the most vulnerable group among various groups of the society and Pakistan is no exception to this. But in case of Least developed Countries (LDC’s) the condition of the children is munch repenting. Attention has been paid at national and international levels to minimize grievances of the children and to address their problems in a systematic way. As result we have Convention on the Rights of Child adopted by United Nations General Assembly in 1989. 

CRC recognizes the vulnerability of children and treats their civil, political, economic, social and cultural rights as elements of interdependent, or mutually reinforcing package. Pakistan had the privilege to be one among six initiators for the 1990 World Summit for Children (WSC). She ratified the UN CRC in 1990, and is not only complying with provisions set forth in the Convention but also making sure the proper implementation through NCCWD and its provincial counterparts. National Plan of Action (NPA) has been made to translate the objectives of the CRC in to reality as a follow up strategy.

The brief aimed to analyse what is being done and how what should be done in pursuance with the CRC and state legislation to protect the children in collaboration with international community. In this regard some of the areas like: Health and Nutrition; Education; Child Labour; Birth Registration; Domestic Child Abuse; Juvenile Justice System; Child Sexual Abuse and Exploitation and Girl Child have been taken as prime objective by NCCWD to ensure the proper implementation of the provisions of CRC.

Child Labour

The issue of child labour is the one where the international community in general and the former US President Bill Clinton has appreciated the efforts of Pakistan in particular. Article 11 of the 1973 Constitution prohibits employment of children under 14 years of age in any factory or mine or any other hazardous employment. The same Article also prohibits all forms of forced labour. Labour laws controlling the formal sector in Pakistan fully meet the above constitutional requirements and international standards.

Statistical Profile

In Pakistan about 3.3 million children are working as child labourer, out which 2.4 million (735) are boys and 0.9 million (27) are girls. 
70% of the working children are as unpaid family helpers. Male and female unpaid working children account for 67% and 78% respectively.
The children working as laborers get low wages but have to do a lot of work.
Majority of the child workers is concentrated in the invisible sector of the economy and thus remains hidden from the statistical perspectives and planning procedures.
The children working on agricultural farms have never been given any consideration for the welfare purpose.
The child workers do not enjoy basic amenities of life.
Children work in exploitative and hazardous environment.
 Children work for longer hours. 

 Initiatives Taken By The Government

In order to prevent child labor, Employment of Children Act (ECA), 1991 has been promulgated.
The enforcement machinery has been activated to take prompt action against violators of the law. 
National Plan of Action and Policy for the elimination of child labor has been implemented.
Pakistan Bait ul Maal established 33 National Centers for rehabilitation of Child Labor, and 18 Community action and education centers.
A National Information Exchange Forum has been established in the Ministry of Labor to establish active contacts with all NGOs and other agencies involved in the task of elimination of child labor.
A national NGO with the name of Child Care Foundation (CCF) has been established with the collaboration of Export Promotion Bureau which aims at establishing and maintaining an indigenous monitoring system for progressive elimination, rehabilitation and prevention of child labor in exportable items.
Pakistan has removed nearly 93 per cent child labor from the soccer ball industry of Sialkot with the help of ILO and UNICEF.
A special fund of Rs. 100 million has been established for rehabilitation of child laborers in the country.
Pakistan has ratified the ILO Conventions 182 against hazardous and exploitative child labor and 100 for equal remuneration for all.
National Plan of Action and Policy against bonded labor and for the rehabilitation of freed bonded labor has been approved by the Federal Cabinet.

Future Strategies

The minimum age limit for child workers must be increased from existing 14 years to 15 years.
There is dire need of providing social support system to the families and children engaged in labor, which is almost non-existent.
The personnel of the enforcement machinery dealing with the child labor is required to be fully motivated and both the federal as well as provincial governments should consider more seriously the provision of better working conditions and transport facilities for carrying out their assignments effectively.
The idea of compulsory primary education can save the children from falling prey to the child labor.
The recreation facilities could be one of the best instruments for the children to remain away from anti-social activities that need to be provided.
Hazardous and exploitative forms of child labor including bonded labor, commercial exploitation and any other work that threatens the survival and full development of the child must not be tolerated and the Government must take immediate steps to end them.
Vocational training facilities should be provided to the working children along with non-formal education with community participation.
Vigilance committees established under the labor laws at district level should regularly meet and perform their active role in combating the menace of the Child Labor.
Poverty alleviation program must include the families of working children.
Social advocacy and mobilization efforts.

Education

Government of Pakistan lays great emphasis on enhancement and provision of this basic human right to its citizens regardless of any cultural, ethnic or religious background. On the top of it, Pakistan as a developing nation, needs to have scientifically and technically oriented professionals to contest the rest of the world. To meet this, a national commitment, appropriate allocation of resources and participation from all walks of communal life deem to be imperative. The Government has recently accorded approval to Education Sector Reform Strategy to translate these ideals into reality.

Statistical Profile

• Total number of boys primary schools are 106900 and of the girls primary schools are 58,800.
• The total number of male primary teachers are 236,000 and female primary teachers are 137,900.
• Gross participation rate is 89 per cent with a dropout ratio of 50.1 per cent 

Goals to be achieved

• Primary School Participation rate to be increased to 100 per cent by the year 2015
• The UPE is aimed for boys by 2003 and for girls by 2007.

Strategies

• Allocation of Rs. 62 billion in the Ten Year Perspective Plan out of which around Rs.60 billion are for the new projects.
• Opening of new primary schools and up gradation of existing primary and secondary schools
• Improved standard of teaching by teacher training projects.
• To improve provision of basic facilities in schools, especially in girl primary schools

Juvenile Justice System Ordinance, 2000

The Government of Pakistan has recently promulgated Juvenile Justice System Ordinance, 2000 which is indeed a bedrock of the juvenile justice system and provides viable mechanism of high standard in Pakistan.

•  For the first time, a person under the age of 18 years has been acknowledged as a child who has special care in justice system.
•  The ordinance is a Federal law and provides unified juvenile courts for all the provinces. There will be one set of courts through out the country run according to the Ordinance.
• The Ordinance has barred death penalty, handcuffs unless necessary, separation of juveniles from adults, exclusive jurisdiction to juvenile courts, timeframe of four months for the conclusion of trial, 
•  Offences carrying ten years punishment are made bailable for children under 15 years of age and prohibiting the publication of juvenile courts' proceeding defaming the child.
•  The Ordinance has also proscribed keeping juveniles in police station in bailable offences. This will really ameliorate the plight of children in police custody, especially the female children.
•  Many children are involved in petty offences and are poor. The Ordinance has provided for legal assistance on state expenses.

Ten year Perspective Plan and the Juvenile Justice System.

A tentative allocation of Rs. 4.947 million has been made in the Ten Year Perspective Development Plan for the Period (2001-2011) for implementation of the Juvenile Justice System Ordinance, 2000. In addition to this, another amount of Rs. 0.17 million has been allocated for identification of needs / problems with regard to implementation of the acts / Ordinances / other instruments concerning social welfare including children.

Actions Taken So Far:

• The Ordinance is to be implemented by the Provincial Governments. In this regard the Governments of the Punjab has issued initial notification for the implementation of the Ordinance. While the notifications of Government of Sindh, NWFP and Balochistan are in process.
• The provincial Governments have to prepare and notify necessary rules for effective implementation of the Ordinance. However the NCCWD initiated a process of preparing draft rules for facilitating the Provincial Governments in this task. In this regard draft rules were prepared in a National Consultation among the stakeholders from Federal, Provincial Government and Non-Governmental Organization on 19th – 20th February 2001. The Rules drafted in the two-day exercise were vetted by the Federal Ministry of Law, Justice and Human Rights and have subsequently been forwarded to the Provincial Governments for further necessary action.
• NCCWD, in consultation with Ministry of Law has incorporated Juvenile Justice Administration System in to their training programmes for judicial officers as a regular event. 

Specific Actions Required

• The Governments of Sindh, NWFP and Balochistan to expedite notification Ordinance.
•  Financial allocations to fulfill the requirement of the Ordinance i.e. funds for legal assistance, establishment of sufficient number of borstal and reformative institutions.
• Establishment of Special Juvenile Courts instead of delegation of powers to existing courts as they are already over burdened and could not deliver up to the expectations attached with this Ordinance.
• Training for Judicial Officers, Police and Prison officials on Juvenile Justice System to be organized.
• Massive awareness campaign about the Ordinance also be launched.

Initiatives Taken by Government and NGOs

Constituted a sub-group on Sexual Abuse and Exploitation of children under "National Committee on Protection of Rights of Children" during 1996 by the NCCWD. 

The NCCWD in collaboration with UNESCAP, Bangkok undertook a research during 1998 on elimination of sexual abuse and sexual exploitation of children and youth in Asia and the pacific.

As a follow-up, the LHRLA conducted 11-day HRD Course on psychosocial and medical services for sexually abused and sexually exploited children and youth in 2000.

The NCCWD prepared a report on the issue of " Trafficking, Sexual Exploitation and Intolerable Forms of Child Labour" during 1998.

Formed a National Core Group, with membership of Plan International, Action Aid Pakistan, ROZEN, SAHIL, Sudhar, HRCP, Pakistan Paediatric Association and National Commission for Child Welfare and Development (NCCWD) for formulation of a National Plan of Action against child sexual abuse and exploitation during the year 2000.

A national consultation was organized in collaboration with Save the Children, Sweden and Child Rights and Abuse Committee of Pakistan Peadiatric Association during February, 2001, resulting in development of a draft National Plan of Action.

The NGOs like Sahil, Rozan, SUCH, ANGAN, LHRLA, Insan Foundation, Pakistan Pediatric Association, Save the Children Fund (Sweden) have been sensitized for working on this issue. 

Crisis Centers for Women in Distress are functioning since 1998. 

Action Aid in District Dadu (Johi) has been working on child rights issues in raising awareness on child abuse and exploitation through conducting Puppet Shows and Theatre Events in different schools. 

ANGAN is a ROZAN programme working on the emotional health of children in general, focusing on child sexual abuse in particular through counseling, awareness raising and prevention programmes since 1996. 

BEDARI is working on advocacy and mobilization on the issue of child sexual abuse and exploitation. Bedari Theatres have Street Theater, Interactive Theatre and Puppet Show to provoke, educate and entertain the audience with meaningful experience. 

Lawyers for Human Rights Legal Aid, (LHRLA) provide Legal Aid Services to the victims of abuse. It organized a Theatre Festival on Child Sexual Abuse and Exploitation in different parts of the country including Karachi from November, 19th - December 19th, 1999, in collaboration with Action Aid Pakistan and UNESCAP. 

  The Federal Cabinet decided in July 2001 to sign Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, during the UNGASS on Children. Some other NGOs like AGHS, Aurat Foundation, Child Care Foundation Lahore, Democratic Commission for Human Development(DCHD), Family Welfare Coop-Society Lahore, Family Planning Association of Pakistan, HRCP, Shirkat Gah, Lahore, Simorgh, Lahore, War Against Rape (WAR), NGO Coalition on Child Rights, Peshawar, Child Aid Association Karachi etc. are also engaged in creating awareness and mobilization of the people on this issue.