Friday, 15 October 2010

Children Protection

In a society where children are perhaps the most vulnerable of all sections of the population, any effort for their protection is welcome. In this context, the Khyber Pakhtunkhwa Assembly has taken a progressive step by passing the Child Protection Bill 2010 in September.
The bill is designed to provide care and protection to children “at risk” through the establishment of a child protection court as well as a provincial commission along with other associated mechanisms. A proposed amendment sponsored by the MMA calling for the age limit of children to be lowered from 18 to 15 was rejected and perhaps rightfully so, as according to international norms adulthood is deemed to begin at age 18.
The KP government has taken a bold initiative considering the fact that both the centre and the provinces have been extremely tardy when it comes to legislation designed to protect children’s rights. Laws have been written up but have been gathering dust for years, either waiting to be taken up in the federal and provincial legislatures or their passage has been blocked on procedural grounds. Hopefully Khyber Pakhtunkhwa’s move will prompt the provinces and Islamabad to enact similar laws.
Yet, to truly end exploitation and give the children of Pakistan access to education, health, nutrition and a safe and secure environment, laws must be implemented. There are lots of good laws on the books. It is their implementation which is lacking and which is key to achieving the aims for which they were framed.
Also, some experts are of the opinion that the Child Protection Bill 2010 is a little vague when it comes to describing children “at risk” as well as the assessment procedure that would allow the authorities to determine which children are at risk. These concerns can possibly be addressed in future amendments.

Children at risk

In the event of a disaster, groups that are already disadvantaged, such as women and children, become even more vulnerable to abuse and exploitation. In the post-flood situation, apart from the victims’ immediate needs such as shelter, food and medical attention, the protection of children is also a major concern.
According to Unicef, out of the 20 million or so people affected by the floods, over half are children. A report by the agency on the floods’ effect on children says that “children have been or are at risk of being separated from their families, they are at risk of abuse … and have witnessed death and destruction”. There are also reports that boys from flood-affected families are being lured into prostitution in some parts.
In the aftermath of natural calamities worldwide we have witnessed elements taking advantage of children. After the January earthquake in Haiti some American missionaries were convicted of illegally transporting a busload of Haitian children into the Dominican Republic without any paperwork. In Pakistan, after the 2005 earthquake the adoption of children was banned to prevent the risk of child abductions. Though people may be well-intentioned in wanting to take children away from the scene of tragedy, it doesn’t justify ignoring due process. In the current scenario the trafficking and abuse of children cannot be ignored as the state grapples with the post-flood situation. In present conditions, protecting the welfare and rights of minors is more important than ever as the chances of their exploitation are far greater considering that the whole social structure in many parts of the country has collapsed. Vigilance is key in this regard.
The state and society — especially rights organisations — must play a proactive role in ensuring the safety of children so that they are kept from harm. It is also important that a child protection law is passed and implemented at the federal level. Presently, such a law only exists in Khyber Pakhtunkhwa. It is essential that the federal government passes a law that can protect children from all forms of abuse both in times of crises and otherwise.