Child rights in peril

ARIF AZAD P UB LIS HE D ABOUT 6 HOURS AGO

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IN 1989, the United Nations Convention on the Rights of the Child (UNCRC) was adopted and opened for
signature. Pakistan was one of the early signatories in 1990, and although the country hedged its ratification
with qualifications, it withdrew them in 1997. Immediately after signing up to the document, child-related
legislation was brought in at both the federal and provincial levels. Principal among these were the
Employment of Children Act 1991, Punjab, and the Juvenile Justice System Ordinance 2000. This augured
well for the rights of children in so far as legislation was concerned.
Most importantly, the government also put in place the National Commission on Child Welfare and
Development (NCCWD) to monitor the UNCRCs implementation. The national monitoring body was assisted
in its task by provincial commissions on child welfare and development. Yet the NCCWD was hobbled from
day one, having been established through a National Assembly resolution that gave it a limited legal standing
which had a corresponding bearing on its financial, investigatory and enforcement powers.
The adoption of the 18th Amendment, which devolved powers to the provinces, has further compounded the
future of the NCCWD, apparent in a number of overlapping policy dilemmas for the body. It was initially
placed under the Ministry of Law, Justice and Human Rights which was later abolished by the PML-N
government.
That is why, despite a raft of new child-related legislation at provincial levels in the wake of devolution, child
rights activists have major concerns regarding Pakistans compliance with the UNCRC meant to be ensured
through the NCCWD. They believe that, in the absence of a centralised coordinating body endowed with
statutory status, overseeing Pakistans compliance with the UNCRC would be difficult to monitor and
implement at a time when provincial capacities on child rights issues are weak and underdeveloped.

Children have suffered enormously in the war on terrorism.

In the post-18th Amendment scenario, there is ongoing consultation on the need for an independent National
Commission on the Rights of the Child (NCRC) for effective monitoring of all national and provincial
programmes and the UNCRC. Some progress in this direction was made in 2012, when the federal government
announced the formation of the NCRC. The draft bill governing this announcement, however, has yet to be
enacted. This needs to be done soon if Pakistans compliance with the UNCRC is to be put on sure and
sustained footing.
However, these measures in themselves are not enough if a society-wide, pro-child rights culture is to take
hold. This requires a fundamental change in societal attitudes in relation to childrens needs and sensitivities.

One measure of our insensitivity is our neglect of the plight of children caught up in the ugly war on terrorism.
A huge number of children have been displaced as a result of the ongoing military operation in North
Waziristan. One count has put the number of displaced and traumatised children at 400,000. Children have
suffered enormous hardship in terms of lack of parental care, education, loss of secure homes and deprivation
of vaccinations.
Further, the targeting of children as weapons of war was cruelly exposed in the barbaric attack on Peshawars
Army Public School in Peshawar. Not only this, the use of children as suicide bombers is a cynical ploy in this
dirty war. Pakistan is a signatory of and has ratified the UNCRCs optional protocol on childrens involvement
in armed conflict. Yet no serious effort has been made to ensure that children are safe from the long-range
effects of this war.
While this war goes on, the focus on broader issues of growing child poverty and vulnerability must not
diminish. With the state offering minimal practical help in the area of child protection, the vulnerability and
poverty of children within struggling families is set to become a big policy headache with increasing reports of
child abuse, rape of minors and child poverty in recent years.
Yet these are not insuperable issues. There is already progress in evidence on the legislative front at the
provincial level, thanks to constant prodding by civil society groups working on child rights. However, these
complex problems are also political in nature. The introduction of the right to free education is a laudable first
step in the right direction.
However, unless the broader issues of child poverty and vulnerability coupled with effective enforcement of
child rights as enshrined in the UNCRC find a place on the agendas of political parties, the chances of wideranging societal change in child rights are not bright. This year marks the 25th anniversary of the UNCRC: it is
an opportune moment to reflect on our overall progress on all aspects of child rights.
The writer is a development consultant and policy analyst.
Published in Dawn, December 1st, 2015