Society for the Protection of the Rights of the Child (SPARC) organised a consultation on the subject of “Post Provincial Responsibilities of 18 Amendment and Child Protection Bill 2011” on Tuesday. People from all walks of life including renowned human rights activist IA Rehman, Justice (r) Munir Mughal, Pakistan Muslim League-Quaid (PML-Q) Member of the Provincial Assembly (MPA) Seemal Kamran and others attended and shared their valuable inputs in the light of their experiences.
It was discussed that the child rights situation in Punjab is deteriorating daily and child labour, child abuse and child marriages are common. Each day brings with it news of another murdered child and recently a child trafficking racket was uncovered that involved handicapped children being trafficked to Iran by gangs and mafias. According to investigation, 300 people, including children, had been sent to Iran for forced begging. This is just the tip of the iceberg, the speakers said.
There are also cases of children being kidnapped or girls subjected to karokari due to unjust jirga systems and children being subjected to corporal punishment that leaves them physically, emotionally and psychologically injured. Children could be provided with protection if governmental and non-governmental organisations (NGO) play their part, speakers said. But so far this has not been the case as seen in the form of the Child Protection Bill 2011, which is still pending in the Punjab Assembly (PA) for discussion.
In fact, this bill even if approved does not cover all aspects of child rights. The bills presented in the Khyber Pakhtunkhwa Assembly, in fact, are better drafted than the one pending in the PA. Another area of concern is the-non implementation of the Punjab Primary Compulsory Education Ordinance, which has been in place for years. Also so far no survey has been conducted for ascertaining child labour in the informal sector nor has any legislation been drafted to this effect.
But it is not clear where legislations pertaining to children stand due to the confusion created by 18th Amendment. This amendment was passed by parliament on April 15, 2010 and has been receiving praise from many. But with regard to children’s rights, a debate ensues within relevant ministries and departments following the deletion of the concurrent list. This as a result has made the future of various laws, bills and policies uncertain.
As for the legislative measures of the federal government in compliance with its ratification of the UNCRC, a number of legislative initiatives were under process during passing of the 18th Amendment. In the post amendment scenario, these laws are still in limbo including the National Commission on the Rights of Children Bill 2009, Child Protection Criminal Law Amendment Bill 2009, Charter of Child Rights Bill 2009, Prohibition of Corporal Punishment Bill 2010 and the Child Marriages Restrain (Amendment) Bill 2009, already pending before the NA.
These laws are now facing a dead end. Speakers said that it is essential that the legal framework for protection of children be drafted for Pakistan’s future.
The Punjab Assembly adopted Employment of Children Act 1991 without any changes which shows how interested the provincial legislators are in the subject and in issues like child domestic labour which took lives of 14 children since Shazia Masih. Article 25-A has bee inserted in the Costitution under 18th Amendment which makes education a fundamental right of every child from 5 to 16. The Punjab Assembly should immediately adopt a Compulsory Education Law to make education free and compulsory for children of 5 to 16. This will also help reduce child labour.
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