In compliance with the United Nations Convention on the Rights of the Child (UNCRC), the Capital Administration and Development Division (CADD) is expected to introduce a child protection policy to be implemented in the Islamabad Capital Territory (ICT). It will include legislative framework, prevention of violence against children, elimination of child labour and effective juvenile justice system to help protect children against child sexual abuse and sexual exploitation, child pornography and prostitution and sale and trafficking in children.
Pakistan ratified the UNCRC in 1990 and it was since then obligatory for the country to implement its provisions by harmonising national policies, legislations, programmes, plans of action with the convention and report progress to the UN Committee on the Rights of the Child in Geneva. In order to undertake this task, local institutional set-up is needed to be strengthened by giving statutory status to effectively initiate the requisite actions for meeting the standards set forth under the UNCRC. The objectives of the policy prepared by the CADD include draft, validate, and implement a child rights-based approach to legislation.
The policy would focus as a priority on introducing a law on corporal punishment, child abuse and neglect with provisions of making reporting of such cases mandatory for professionals working with children as teachers, doctors, nurses, policemen, social workers and removing any such provisions from the existing laws which allow corporal punishment for children. The draft policy covers the key areas of child protection including legislative framework, child protection at community level, prevention of violence against children in specific situation, elimination of child labour, ensuring child protection in emergencies, development of child protection services and effective juvenile justice system.
The policy, a copy of which is available with Pakistan Today, seeks developing rules and regulations for the creation of Child Protection Courts or judges in consultation with the high court concerned. A separate system of criminal justice will be established for children under 18. The federal government will establish exclusive juvenile courts, which have been taken care of in the Juvenile Justice System Ordinance of 2000, said the draft child protection policy. Under it, the existing and new laws and their elaboration will be periodically analysed and reviewed by the government authorities responsible for child protection in consultation with NGOs and civil society.
The policy seeks developing standard guidelines on justice for child victims and witnesses of crime. It would consider revisiting the Guardian and Wards Act 1890 to bring it in conformity with the best interests of the child. The objective of the policy also includes passage of the Child Protection Bill or making legal provisions including criminalizing child sexual abuse and sexual exploitation, child pornography and prostitution, sale and trafficking in children. It also seeks raising the minimum age of criminal responsibility from 7 years to an internationally acceptable standards.
Improvement in rules and procedures concerning compulsory birth registration and registration of all children without birth documents is also part of the policy. It seeks introduction of model law at the ICT level for prohibiting domestic child labour.
The policy also seeks revision of FIR format and computerising police records so that information recorded may be disaggregated by gender and age. It will help introduce a mechanism for child complaints to check the abuse of public power. It will also pave the way for introducing specific legislative provisions for protection of children with disabilities.
In the community context, efforts shall be made to enhance the prosecution of offences relating to the sale of children, child prostitution and child pornography. Special efforts will be made to protect girls from violence inflicted by adults in authority in the name of “discipline” and “tradition”. In order to combat forced child marriages, the relevant authorities shall be sensitized. Corporal punishment shall be prohibited in schools and religious institutions in accordance with international standards. CRC will be included in school curriculum. Children’s Helpline would be created.
At the ICT level, child protection committees comprising representatives from local government and others may be created, the policy stated further. According to the draft policy, a recent study on the street children conducted by the National Child Protection Centre in 34 Katchi Abadis of Islamabad reveal that there are around 42000 street children who need protection services. The policy will ensure the protection of all children in the ICT from harm, violence, abuse and exploitation, neglect and discrimination.
Out of 170 million population of the country, approximately 70 million are children and majority of them are vulnerable to abuse, neglect, discrimination, violence and exploitation, the policy said. In the wake of 18th constitutional amendment the National Commission for Child Welfare and Development (NCCWD) has been transferred to the Capital Administration and Development Division and functioning under the Directorate General of Special Education, Social Welfare, Child Welfare and Development at the ICT level.
