Violence Against Children

Regional Consultation on

Violence Against Children

in South Asia Islamabad, Pakistan 19-21 May 2005

empry page

Regional Consultation on

Violence Against Children

in South Asia Islamabad, Pakistan 19-21 May 2005

empry page

Contents Highlights from the South Asian Regional Consultation on Violence Against Children

1

Regional Study on Violence Against Children in South Asia

11

Country Briefs Recommendations

Annexes Annex I:

91 151

159 Agenda South Asia Regional Consultation on Violence Against Children

161

List of Participants South Asia Regional Consultation on Violence Against Children

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Annex III: Concept Paper South Asia Regional Consultation on Violence Against Children

175

Annex II:

Annex IV: Inaugural Session

Annex V:

Welcome Speech by H.E. Ms. Zubaida Jalal, Ministry of Social Welfare and Special Education, Government of Pakistan

181

Speech by Prof. Paulo Sergio Pinheiro, Independent Expert, Secretary General's Study on Violence against Children

185

Speech by Mr. Mohamed Naseer Director, SAARC Secretariat

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Key Note Address by Begum Sehba Pervez Musharraf, First Lady of Islamic Republic of Pakistan

195

Review of South Asia Regional Report on Violence Against Children

197

Annex VI: Country Presentations Afghanistan Bangladesh Bhutan India Maldives Nepal Pakistan Sri Lanka

203 203 205 208 212 216 221 224 228

Annex VII: Breakaway Session Violence Against Girls in South Asia

231

Sexual Violence Against Children

245

Physical and Psychological Punishment

269

Annex VIII: Closing Session Welcome Remarks By H.E. Ms. Zubaida Jalal, Minister for Social Welfare and Special Education 285 Impressions By Prof. Pinheiro Independent Expert, UN Study on Violence Against Children

287

Presentation of the Summary of the Consultation By Ms. Cecilia Lotse, Regional Director, UNICEF Regional Office for South Asia

288

Concluding Remarks By H.E. Mr. Shaukat Aziz, Prime Minister of Islamic Republic of Pakistan

290

Annex IX: Country Action Points Annex X:

Terms of Reference of South Asia Forum for Ending Violence Against Children

Annex XI: Children's Consultaion on Violence Against Children

293

303 305

(i) Agenda

305

(ii) Highlights of Children Consultation

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(iii) Statement by Children and Young People

309

Highlights from the South Asian Regional Consultation on Violence Against Children 19-21 May 2005, Islamabad, Pakistan

REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

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REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

Background: The two-day Regional Consultation for the UN Study on Violence against Children was organized by the South Asia Coordinating Group against Commercial Sexual Exploitation and Trafficking of Children and Women and hosted by the Government of Islamic Republic of Pakistan on 19-20 May 2005 in Islamabad. Immediately prior to the Regional Consultation, a consultation of children and young people from the region was organized on 17-18 May 2005, to prepare them to participate in the Regional Consultation. The intention of the Regional Consultation was to review the situation of violence against children in the region, analyse legal frameworks, good practices and to come up with recommendations for a regional action plan that addresses the priority issues to collectively combat violence against children in the region. Another aim of the Consultation was to provide inputs into the "UN Study on Violence against Children" in the form of regional perspectives and recommendations. The Regional Consultation brought together delegations from Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka comprising Ministers, senior government officials, SAARC Secretariat, representatives from civil societies, I/NGOs, UN agencies, South Asia Coordinating Group, UN Study Secretariat, bilateral agencies, experts and resource persons, children and young people, and media and opinion formers. Five of the country delegations were led by Ministers with all countries' government delegations having representation from different ministries. Together with children, they discussed the prevailing forms of violence in the region and their causes. They also reviewed the existing interventions, gaps and challenges. The *

participants came up with a list of recommendations to confront violence against children and identified specific actions and strategies for prevention, protection, intervention, treatment, recovery and reintegration.

Highlights 19 May*: The inaugural session of the two-day consultation, presided over by the First Lady of Pakistan, started with speeches, remarks and a presentation by a group of children representatives of the countries of the region. After a recitation from the Holy Quran, H.E. Ms. Zobaida Jalal, Minister for Social Welfare and Special Education, Representative of the Host Government of Islamic Republic of Pakistan, welcomed the participants, gave an overview of the legislative situation with regard to children in Pakistan, commented that one of the main reasons for violence is ignorance and denial

Sura XCIII Dhuha, or the Glorious Morning Light (…) 6. Did he not find thee An orphan and give thee Shelter (and care) 7. And He found thee Wandering, and He gave Thee guidance, 8. And He found thee In need, and made Thee independent. 9. Therefore, treat not The orphan with harshness, 10. Nor repulse the petitioner (Unheard).

The speeches and key note presentations are attached as Annex iv.

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REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

Children are not mini human beings with mini human rights. As long as adults

We have to wipe their tears and transform their gloomy faces into happy

continue to regard children as mini-

ones. We have to kindle the flame of

human beings, violence against children

hope and a better tomorrow in them.

will persist. - Prof. Paulo Sergio Pinheiro, Independent Expert, United Nations Secretary-General’s Study on Violence Against Children. and emphasized the importance of investing in children and sensitizing the media in promoting child rights awareness. Then Prof. Paulo Sergio Pinheiro, Independent Expert of the SecretaryGeneral's Study on Violence against Children addressed the audience. He indicated that "violence is present in every country, frequently invisible and cutting across boundaries of culture, class, ethnic origin and age. Every boy and girl, as any human being, must have their rights completely respected to develop with dignity. Any form of violence can only undermine their development. We can't wait to see violence occurring to act, many successful initiatives already showed that much violence is absolutely preventable." The aim of the study, he explained, is to break the walls of silence on this issue: "this report will be more than a catalogue of horrors, it will be policyoriented, it will look at the root causes of violence and find ways of preventing violence from occurring". Mr. Mohammed Naseer, Director Social Affairs, on behalf of SAARC Secretariat, stressed the importance SAARC attached to welfare and protection of children from violence and trafficking. The heightened level of political commitment was displayed with the two SAARC Conventions on Child Welfare and Prevention of Trafficking and the declaration of the "SAARC Decade of the Rights of the Child". He indicated that in order for the State Parties to work towards

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- Begum Sehba Pervez Musharraf, First Lady of Islamic Republic of Pakistan. development and protection of the full potential of the South Asian child, the two Conventions have to enter into force following ratification by all State parties. The key address note was delivered by the First Lady of Pakistan, Begum Sehba Pervez Musharraf, in which she displayed her deep involvement in the cause for children. She highlighted the fact that children form 48 per cent of the total population of South Asia, therefore more needs to be invested in children. She also indicated that a healthy childhood requires love, affection and care and that no society or religion approves of violence against children. Honouring the children present for their talent, courage and desire of excellence, she encouraged the other participants to support these children in their endeavours to play a leading role in making our society free from exploitation, abuse and violence. Following the First Lady's address, children and government representatives were invited by the Minister of Social Welfare and Special Education, H.E. Ms. Zubaida Jalal, to an inaugural event featuring the release of purple balloons, each one of which symbolised a tear. As she helped the young people to send them skywards, the Minister said, we are sending out a message from Islamabad that it is time to end violence against children in South Asia. The Regional Consultation started with welcoming and encouraging words from Cecilia Lotse, Regional Director of UNICEF ROSA who invited Peter Newell to provide a brief presentation of the Regional Study on Violence against Children in South Asia.

REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

We are the crown princes We are the crown princes and princesses of our region So why do you hurt us, hit us and burn us? Why do you treat us like this? Please don't ill treat us, even with a word! People who laugh, but make us cry, relatives who try to make us their servants Aren't they parents to little children like us? Aren't the tears of them and us the same? Puppies and kittens they all play, but if we're caught playing we become devils We can't even cry for sorrow, we're beaten, I wonder whether the grown ups love us at all! Music & lyrics by Tharaka Madumal, child participant

The morning session concluded with a presentation by the children and young people representatives of the region. Through a collage of activities such as drama, singing and a drawing exercise, the children appealed for attention for their cause, followed by the proclamation of their declaration (see Annex xi (iii)). The country presentations* that followed in the afternoon provided the participants with descriptions of the situation, issues, gaps and challenges with regard to violence against children in the different countries of the region. The situation in Afghanistan is deeply affected by 20 years of armed conflict, which resulted in a highly precarious situation for children. The main issues are that violence is often hidden for fear and shame, and that the family support structures in Afghanistan have collapsed due to the conflict. The Government is committed to address the issues of violence against children by providing legislation, inter-ministerial cooperation, implementation of a national plan of action and approval of a juvenile code. Furthermore, a child welfare network is being established, and activities are carried out for awareness raising. Services will be *

established for recovery and reintegration. The gaps identified are a lack of implementation of the existing legislation, gaps in existing laws and knowledge bases, lack of capacity in human resources and funding, and a lack of cross border coordination. The main challenges ahead are reaching remote areas, improving security, law enforcement and cross border coordination. Other challenges are general poverty alleviation, information sharing and establishing an attitudinal change. One of the successful practices identified is the use of religious leaders to take the lead in acting and appealing against violence against children. Bangladesh, through a National Consultation has had the opportunity to review the situation of violence against children throughout the country with the wide rane of stakeholders, including children. One of the main issues identified in Bangladesh is child labour (7.9 million working 5-17 year olds) which, due to the precarious socio-economic situation of the workers and their families, is difficult to address. The government is however implementing numerous activities and programmes to deal with child labour. Similar interventions and programmes are being implemented with street children and

Country presentations are attached as Annex vi.

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REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

trafficking of children. Measures include legislation, awareness raising, a national policy and education incentives. In Bhutan, the activities for children's rights are based on the Buddhist way of life, with strong traditions and customs and the establishment of support structures, presented in the form of a child rights mandala. The principal incidences of violence and abuse in Bhutan occur among child workers, disabled children, and through corporal punishment and sexual abuse. The areas of commercial sexual exploitation and cross border trafficking are yet to be explored and understood but there is increasing concern about the scale of these activities. Particular attention was drawn to the importance of media to focus on cases of violence. The representative of the government of India gave an overview of the specific problems in India, such as violence against the girl child, child labour, street children, trafficking, violence in schools and violence in conflict situations and indicated at the same time how the government intervenes to address these problems. The presentation summarized the findings of the India Country Report on Violence against Children, which was recently published. The most important message was that there is a need to change the people's mindsets with regard to violence against children. Furthermore, it was said that resources are not always a problem and it must be understood that spending on children is important. Social services should be prioritized in the allocation of the national budget. Although institutional framework exists most of the time, implementation has lagged behind. The recent focus of the Maldives has been to rebuild the nation after the devastating Tsunami, and therefore the consultation on violence against children that was planned, has been delayed. However, there are national responses and interventions at all

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levels to combat violence in the Maldives. Reasons for violence are strains on families (due to island culture) and the high congestion. In order to address violence, efforts have been made at all levels such as legislation, awareness raising etc. There is a clear need for coordinated endeavours amongst all countries of the region. In Nepal, the 9 year conflict has deeply affected the situation of children and women. The presentation highlighted that violence against children is gradually becoming a recognized issue, which the government tries to address with the cooperation of civil society and development partners. There have been some significant efforts to facilitate collaborations and multi-sectoral interventions. It was stated that the government of Nepal is committed to address all the issues concerning children through implementation of the CRC through the National Action Plan for Children. In Pakistan there is quite an extended legal framework to combat violence against children. However, practices such as early marriage, trafficking (to and from Pakistan) and honour killings, child labour, sexual abuse and corporal punishment continue to exist. In order to address these issues, activities as a consultation for the preparation of a National Plan of Action, the establishment of reporting mechanisms and legal frameworks have been carried out, and support has been given to NGOs, who are extending their arms and expertise in the areas of capacity building, awareness promotion, prevention, advocacy and facilitating the government in all its efforts. Furthermore, a National Child Protection Center and Child Welfare and Protection Bureau (Punjab) were created. Emphasis is placed on the fact that cooperation between government bodies and NGOs is necessary to achieve the best results. The main challenges for combating violence against children in Sri Lanka are the sequels

REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

of the recent conflict and the Tsunami that both caused extensive internal displacement. Furthermore, children are recruited for the armed forces, child labour, prostitution and other forms of exploitation. Responses to address these issues include advocacy and media campaigns, legislation, creation of the National Child Protection Authority, a deterrent approach to sex tourism and the formation of District Child Protection Committees. The challenges ahead however are continuing violence, the lack of processes for prevention and early intervention, and the need to promote family unity.

Conclusion of the day The discussions that followed the presentation of the Regional Study as well as the Country Presentations led to a key conclusion at the end of this day: multiple actions at multiple levels are necessary in order to address the issue of violence against children. Actions as continuing advocacy, alleviating poverty and creating awareness will contribute to changing South Asia's attitude with regard to violence against children. Necessary actions identified were: l Continuous advocacy and awareness raising to address violence against children l Poverty alleviation to combat general issues that contribute to the incidence of violence l Identify, document and disseminate good practices l Provision of scientific data for development of sound programming l Harmonization of national laws in accordance with the CRC l Establish a clear and common definition of violence l Fast-track the introduction of laws addressing violence l Provision of quality education *

Two main issues that recurred in all Country Presentations and the discussions that needed further attention were:

Gender related violence: South Asia has the largest numbers of girls' foeticide and infanticide; girls are subject to malnutrition and neglect (2-5 year olds in particular), honour killings, early marriage and non-existence of girl friendly and safe schools. Girls are more likely to suffer from violence. In the work place, there is a growing exploitation of domestic girl workers. The sexual aspect of violence is mostly hidden since children are afraid to speak out, fearing disbelief and retribution while the perpetrators sometimes try to cover up the situation by falsely accusing the abused child. Country specific violence: Examples are acid throwing in Bangladesh and sex tourism in Sri Lanka. Harsh physical violence causes children to leave their homes and become street children, perpetuating the state of vulnerability and more violence. Therefore it is essential to strengthen the family unity, conceptually and in practice. Gaps and Challenges l Need to develop professionalism of service providers l Need to promote family unity l Impact of discrimination based on sex, economic status and ethnic minorities but also on caste. l Difficulty to determine the extent of the problem with vital gaps in data/knowledge base.

Highlights 20 May*: During the second day of the consultation, three working groups were formed for the three themes, each addressing a specific

The papers presented by the Resource Persons and the Recommendations arrived at by Group Work are attached as Annex vii.

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REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

aspect of violence against children that were the focus of the consultation: 1. Gender related Violence Specific to Girls 2. Child Sexual Abuse 3. Physical and Psychological Punishment The respective themes were briefly presented by resource persons in each of the three groups, after which each group broke up into five subgroups, in order to discuss the issues in 5 different settings: family, community, school, institutions and work place and to formulate recommendations in order to address these issues.

1. Gender related Violence Specific to Girls Ms. Nasreen Huq, Country Director Action Aid Bangladesh, summarized the issue of gender related violence as follows: Gender bias operates through the following social syndromes: 1. son preference 2. lesser value to girls 3. subservience of girls 4. social seclusion 5. constant threat of violence This is further aggravated by widespread poverty and culturally engrained practice of social stratification. This results in a discriminatory cultural tradition leading to grotesque violence against girls - both by omission and commission. Negligence of the girl child is as deleterious as overt acts of violence which combined have resulted in excess female mortality. It was suggested that interventions should be developed with the participation of girls, children and youth. There is a need to work with the community as well as develop services to support survivors and victims both for physical and mental health and as appropriate legal redress and social

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rehabilitation. It is important to address the underlying causes to address the gender specific violence against girls.

2. Child Sexual Abuse The consultation on child sexual abuse started with Prof. Harendra de Silva, Chairperson of NCPA, Sri Lanka, presenting the situation in the region in relation to child sexual abuse, with special reference to Sri Lanka and the achievements of the National Child Protection Authority. He highlighted that child sexual abuse is one of the most unreported and hidden forms of violence against children, affecting both girls and boys in the region. Child sexual abuse remains a silent issue since children reporting on child sexual abuse are seldom believed and even blamed for the abuse. Professor Harendra de Silva emphasized the importance of combining laws and implementation against Child Sexual Abuse, capacity building of professionals on CRC and child sexual abuse, awareness raising of the public including children, providing child friendly information material, coordination between government officials and NGOs, providing child friendly services and child protection units. He also showed the importance of not seeing child sexual abuse in isolation but to relate it to the larger issue of violence in society and the linkages between different forms of violence that affect children.

3. Physical and Psychological Punishment The presentation by Mark Jordans, International Project Coordinator of TPO, highlighted general psychological and physical punishment practices as well as specific information related to these punishment practices in the home, school, institutions, community and work places. He emphasized that violence against children in these settings is common, though also

REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

represents a 'grey area' between necessary disciplining and abusive and violent punishment. Furthermore, the presentation focused on the causes of severe punishment, including lack of prioritization within governments, lack of awareness, socio-cultural dimensions, lack of legal provisions and/or law enforcement and lack of awareness of the negative impact of severe punishment combined with the short term 'benefits' of harsh disciplining. The short and long term consequences of severe punishment were discussed (including the increased risk of antisocial behaviour, depression & anxiety and alcohol consumption, in turn related to intergenerational transmission of violence). The presentation also tried to touch on the areas of a child's functioning and development that are affected by violence, through sets of moderators and mediators. Finally, the presentation looked into some issues related to (psychosocial) interventions for affected children, including cultural relevance, focus on resilience and a developmental approach.

Closing*: In the Concluding Session, presided over by the Prime Minister of Pakistan, H.E. Shaukat Aziz, H.E. Ms. Zobaida Jalal, Minister for Social Welfare and Special Education, while summarizing the highlights of the Consultation, indicated the importance of "establishing a South Asia Forum to end violence against children that would enable the region to stand together in the efforts to thematically strategize and effectively implement measures for ending violence against children, be it in the area of gender violence, physical and psychological punishment child sexual abuse and trafficking, thereby meeting the national obligations, regional and international commitments."

*

…we all want to replace children's tears with smiles. - Mrs. Zobaida Jalal, Federal Minister for Social Welfare and Special Education, Pakistan. Prof. Paulo Pinheiro praised the openness and candid approach of the participants. "All are committed to act and great examples of initiatives have been mentioned. There are constraints (cultural, traditional practices, economic…) but it is the role of every government to contribute to the change. Mindsets can be changed. There is a sense of urgency in having children's dignity rehabilitated." He further stated that this consultation should not be an end, but merely the beginning of a journey. Lastly, he thanked the organizers and the children and their chaperons for their enthusiasm and commitment. Cecilia Lotse thanked the Government of Pakistan and in particular H.E. Ms. Zobaida Jalal for the hospitality and the atmosphere of cordiality and warmth. She thanked the children for bringing the participants rapidly to the heart of the matter. She emphasized the similarities in the issues that emerged between countries and the "need for urgent action and a motion of sorts that suggested that at an official level there should be regular meetings for countries to share common experiences and learn more about what is working for children". Indicating that corporal punishment and early marriages demonstrate the link between the violence against children and the slow progress being made in the countries toward achieving the Millennium Development Goals and the promise for a World Fit for Children, Ms. Lotse indicated UNICEF ROSA's commitment to act and coordinate efforts to address these issues. Finally, she expressed the hope that the spirit of openness will bring more smiles to the children of Asia.

The speeches and closing statements of the concluding session are attached as Annex viii.

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REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

H.E. Prime Minister Shaukat Aziz stating that children are the most vulnerable group in our societies, and their rights are still subject to serious abuse around the world emphasized the need for urgent and effective national and international action. The persistence of poverty in its largest sense (lack of freedom, resources, education) as well as conflict, illiteracy, social inequality lead to the critical situation of children regarding violence. He stated that education can be the best way of changing mindsets and that civil society and the private sector

…needs our resolute commitment at all fronts for crafting child friendly and child protective legislation as well as formulation of child sensitive policies and strategies. - HE, Prime Minister of Islamic Republic of Pakistan, Mr. Shaukat Aziz.

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have to get involved. To this end, a Child Protection Centre will be established at federal level as a model for others to follow.

Working Session on Implementation Modalities The technical officials of the country delegations came together for half day on 21st May, 2005 to determine the immediate actions to be taken at country level to address the issues of violence against children, based on the recommendations that were presented during the Regional Consultation. The delegations, consisting of government officials and representatives of I/NGOs and UN agencies active in the country, agreed on the immediate actions within a plan, which was subsequently presented to the other delegations. The actions identified by the countries as a result of their deliberations are presented in Annex xi.

Regional Study on Violence Against Children in South Asia

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Contents List of Abbreviations

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1. Introduction 1.1 Protecting children against violence in a complex and multi-faceted region 1.2 Background: UN Secretary General’s Study on Violence against Children 1.3 Aim and Purpose: South Asia Regional Study on Violence against Children

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2. Overview of Violence Against Children in South Asia 2.1 The known and unknown in regard to child abuse in South Asia

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2.2 Causes and risk factors for violence against children (i) Gender-related violence specific to girls (ii) Child sexual abuse (iii) Physical and psychological punishment

23 25 26 26

2.3 South Asian responses to violence against children 2.3.1 Global commitments 2.3.2 Regional responses 2.3.3 National responses to violations against children

27 27 28 29

3. Violence Against Children in the Home and Family 3.1 Regional overview 3.2 International and national responses 3.3 Interventions and good practices 3.4 Gaps and challenges 3.5 Agenda for change

33 38 39 41 42

4. Violence Against Children in Schools 4.1 Regional overview 4.2 International and national responses 4.3 Interventions and good practices 4.4 Gaps and challenges 4.5 Agenda for change

45 48 50 51 51

5. Violence Against Children in Institutions 5.1 Regional overview 5.2 International and national responses 5.3 Interventions and good practices 5.4 Gaps and challenges 5.5 Agenda for change

53 56 58 58 60

REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

6. Violence Against Children in Communities 6.1 Regional overview 6.2 International and national responses 6.3 Interventions and good practices 6.4 Gaps and challenges 6.5 Agenda for change

63 68 70 72 73

7. Violence Against Children in Workplace 7.1 Regional overview 7.2 International and national responses 7.3 Interventions and good practices 7.4 Gaps and challenges 7.5 Agenda for change

75 78 79 80 80

8. Conclusion

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Bibliography

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Country Briefs

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Recommendations

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List of Abbreviations AIHRC: BRAC: CCWB: CEDAW: CRC: DCWB: ECPAT: ICDS: ILO: IOM: LCES: MoWCSW: NCCWD: NCPA: NCPCR: NCWC: NGOs: NPA: NWFP: SAARC: UNAIDS: UNCRC: UNDP: UNESCAP: UNFPA: UNICEF: UNIFEM: UNOHCHR: URC: USAID: WHO:

Afghanistan Independent Human Rights Commission Bangladesh Rural Advancement Committee Central Child Welfare Board Convention on the Elimination of All Forms of Discrimination of Women Convention on the Rights of the Child District Child Welfare Board End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes Integrated Child Development Services International Labour Organization International Organization for Migration Lasallian Community Education Services Ministry of Women, Children and Social Welfare National Commission for Child Welfare and Development National Child Protection Authority National Commission for Protection of Child Rights National Commission on Women and Children Non Governmental Organizations National Plan of Action Northwest Frontier Province South Asia Association for Regional Cooperation Joint United Nations Programme on HIV/AIDS United Nations Committee for the Rights of the Child United Nations Development Program United Nations Economic and Social Commission for Asia and the Pacific United Nations Fund for Population United Nations Children’s Fund United Nations Development Fund for Women United Nations Office of the High Comissioner for Human Rights Unit for the Rights of Children United States Agency for International Development World Health Organization

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Introduction 1.1 Protecting children against violence in a complex and multi-faceted region In many aspects of life, children in South Asia are better off than they were five, ten or twenty years ago. More children are born healthy, more children live to see their fifth birthday, more children have access to education and despite endemic poverty in many parts of the region more children have hopes and aspirations than the previous generation. In spite of these achievements, violence, abuse and exploitation marks the childhood of many children in South Asia. South Asia (Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka)1 is one of the most disadvantaged regions with one-fifth of the world’s population and, despite the economic progress over the last few years, among the lowest per capita incomes.2 While there is relative security in the region as a whole there are currently a number of politically and ethnically motivated armed struggles, most of them relatively localized and of low-intensity. The relationship among many religious communities and groups is based on mistrust and violence. Civilians are the largest category of gun-owners and have more small arms than the police and the military as well as the insurgents.3 The proliferation of small arms nurtures a general culture of violence that impacts on children’s lives and well-being. Armed conflicts, ethnic tensions

1 2

3 4

and a range of other factors have resulted in a considerable number of refugee and/or internally displaced persons, including children, in many countries.4 A discussion on child protection and child abuse in this context thus poses many challenges. The region is vast, the challenges enormous and the countries covered are diverse in almost all senses, regardless of whether the focus is on geographical, socioeconomic, ethnic, religious, political or demographic factors or measures of child welfare. In spite of the diversities, child abuse and exploitation occurs in all countries in South Asia, among all walks-of-life, in all castes, all religions and among all ethnic groups. There are common characteristics among the types of violence children endure, whereas some children suffer violence that is only rarely suffered by children in other regions of the world. Yet, there are many positive aspects of child rearing traditions and practices in South Asia that need to be noted. For instance, many South Asian parents and families have managed – better than their western peers -

These countries constitute South Asia region as defined for purposes of UNICEF’s global operations. The secretariat of the UN Global Study on Violence against Children has adopted the same regional division as UNICEF Regional Offices. The World Bank estimates that 45 per cent of the population is forced to live with less than $1 a day, which represents 40 per cent of the world’s poor. See http://www.eia.doe.gov/emeu/cabs/sasia.html and http:// lnweb18.worldbank.org/sar/sa.nsf/2991b676f98842f0852567d7005d2cba/ 9bcec7b2e99856fe852567f4006ec27d?OpenDocument. http://www.iansa.org/regions/scasia/scasia.htm . Pakistan hosts more than 1 million refugees. There are some 380,000 war displaced persons in Sri Lanka and about 180,000 internally displaced persons in Afghanistan. See www.unhcr.ch and www.idpproject.org.

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REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

to maintain the virtue of respecting parents and elders and the importance of intergenerational learning and exchange of ideas. In order to advance the protection of children against violence and abuse in South Asia, identification and strengthening of such practices will be critically important.

1.2 Background: UN Secretary General’s Study on Violence against Children The South Asia Regional Report on Violence against Children is part of an international initiative to combat violence against children. The UN General Assembly commissioned the Secretary General to conduct an in-depth international study on violence against children (hereafter referred to as the Study).5 The Secretary-General appointed Professor Paulo Sergio Pinheiro as an Independent Expert to lead the study.6 The Study is expected to be a landmark ‘study of record’ that would be recognized and referred to for its findings on scope of violence against children, impact and responses. It is expected to influence thinking and behaviour and to guide interventions at different levels in order to combat this endemic violation of fundamental rights of children. The South Asia Coordinating Group7 , initially established to follow up on the Yokohama Conference, is coordinating regional initiatives towards the Study besides ensuring information sharing and stimulating networking among various agencies, organizations, corporate sector, public authorities and civil society including

5 6

7 8

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academic institutions, NGOs and media. The Coordinating Group has been supported by the Steering Committee8 , to serve as a technical working group in preparing the framework of the Regional Study, and National and Regional Consultations. Towards the preparation of the Study, it would be holding National Consultations in April and the Regional Consultation in May 2005.

1.3 Aim and Purpose: South Asia Regional Study on Violence against Children This Regional Study aims to examine and map the current situation of children in South Asia pertaining to violence, abuse and exploitation. It will partly inform the Study, but equally important is the objective to inform regional processes regarding issues, challenges, gaps and best practices. The Regional Study is a working document to support discussions at national consultations and the regional consultation. The highlight of discussions and recommendations from the national and regional consultations will be included in a final report that will constitute the South Asian contribution to the global process. The Regional Study is structured around the five settings that will be considered in the Study. The settings represent specific places and contexts where children are subjected to violence, abuse and exploitation in different forms. Individual agencies have been allocated responsibility for preparing chapters relating to the settings which are closest to their respective mandates. The Regional

UN Doc. GA Res 56/138. In his work, the Independent Expert is supported by the Office of the High Commissioner for Human Rights (OHCHR), the United Nations Children’s Fund (UNICEF) and the World Health Organization. UN agencies, NGOs, civil society groups and national human rights institutions are part of a loosely formed coalition that contributes in various ways to the preparation of the global study. Members include: SAARC Secretariat, ECPAT, International Save the Children Alliance, ILO, IOM, UNAIDS, UNDP, UNFPA, UNICEF, UNIFEM, UNESCAP, USAID, the International Federation of Terre des Hommes, WHO, UNOHCHR, and Plan International. Steering Committee Members: UNICEF, WHO, Save the Children, ILO, UNOHCHR, UNIFEM and Plan International.

REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

Study will thus consider the following settings prepared mainly by the initiatives of the indicated organizations: l Violence against children in Home/Family (Save the Children/WHO) l Violence against children in Schools (UNICEF) l Violence against children in Communities (Save the Children/WHO) l Violence against children in Institutions (UNICEF) l Violence against children in Workplaces (UNICEF/ILO)9

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The South Asia Coordinating Group opted for three focus areas that relate to issues of particular concern in the region, viz. (i) gender related violence specific to girls, (ii) child sexual abuse, and (iii) physical and psychological punishment. These focus areas were identified as cross-cutting themes when considering violence against children in homes/families, schools, institutions, workplace, and communities.

Neither the global study nor this report covers violence against children in armed conflicts, a theme that has been well documented by a global report on the Impact of Armed Conflict on Children (1996) and through processes and mechanisms established thereafter.

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Overview of Violence against Children in South Asia 2.1 The known and unknown in regard to child abuse in South Asia In South Asia, reliable and nationwide data is available for very few forms of violence against children. All dimensions of violence in different settings have not been studied comprehensively10. Certain areas have been better covered than others, albeit assessments as to what areas are more researched than others is essentially a subjective view; each actor believes that their focus area is less researched. Available information tends to be limited in scope in terms of geographical areas covered and sample size. Estimation of changing trends is difficult because the studies are either occasional or provide anecdotal information. Crime related data being compiled in all countries although limited to reported cases11 provides some information on violence against children but the level of disaggregation is uneven. Increased crime statistics signify higher awareness levels with lower thresholds for reporting rather than increased prevalence.

Nonetheless, there is statistical evidence about female foeticide and infanticide, largely derived from abnormal demographics on female-male sex ratios in certain countries and districts in South Asia. Mandatory reporting is not common in the region. Given the lack of systematically collected data, any comment on the situation and trends on violence against children in South Asia need to be made with great caution. Nonetheless, available researches, assessments and surveys suggest that children in South Asia are at risk of many forms of violence in different contexts and settings. There is also lack of comprehensive knowledge about interventions that work well in the South Asian context. The following matrix summarizes some general observations about violence in different settings.

CURRENT ISSUES AND CHALLENGES12 Homes/Families

l l

l

10 11 12

The highest numbers of child victims of violence in the region are those who have suffered in the hands of parents and close relatives. Abusive families are protected from intervention by the widespread attitude that what happens in the home is part of the ‘private sphere’ and thus child abuse within the family is rarely reported and prosecution is even more rare. The strong preference for sons subjects many girls at risk of female foeticide, infanticide and neglect.

Some of the less researched and documented areas appear to be: physical punishment in homes, violence and bullying by children against their peers, violence against children with disabilities, violence against children in homes. Almost 90 per cent of child sexual assault cases in Pakistan are believed to go unreported. Source: UNFPA: Violence against Women in South Asia – A Regional Analysis, p. 26 The information in this matrix is based on information included in the subsequent chapters of this report.

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REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

l l l

Schools

l l l l

Communities

l l

l l

Institutions

l

l l l l

l

Workplaces

l l l l l l

13

22

Traditional practices that involve elements of violence, abuse or exploitation tend to bear heavily on young girls. There are indications that parents physically abuse their sons more than their daughters. Corporal punishment is practiced throughout the region and among all socio-economic, religious, caste and ethnic groups of the society. Law in any country in the region does not prohibit physical punishment in homes. There is increasing attention and recognition of violence against children in schools. There is a lack of information on extent of the problem, especially in private institutions such as madrassas and monasteries. Unacceptably high non-attendance ratio for girls in many parts of the region. Physical punishment in schools is widely practised and only one country (Sri Lanka) has explicit legal provisions banning physical punishment in school. Many street children say that they ended up in the street due to violence in the home/family. Due to globalisation and breaking up of traditional extended families there has been an increase in gang violence in many urban areas in the region. Main victims and perpetrators of gang violence are adolescents and young adults. Gang rape is reported to be increasing (India and Bangladesh) and some of the incidents had ethnic or political underpinnings. There is a tendency to uncritically think of institutions as the obvious solution to many child protection concerns (i.e. ‘orphans’, street children, juvenile offenders, children victimized by sexual exploitation etc.) Information on incidents of child abuse in institutions is not systematically collected, which makes monitoring more difficult. Private actors or organizations operating child welfare institutions are often not properly registered and monitored. Governments are reluctant to admit that abuse of children in state and private institutions does occur. Due to shortcomings in juvenile justice legislation and mechanisms children can be unnecessarily put at risk of violence in penal institutions. There is a remarkable lack of ‘good practices’ in this field, which signifies that children in institutions are to some extent forgotten by governments, civil society, international organizations and individuals. Many children in the region are engaged as bonded labour and child soldiers and also exploited through prostitution and drug trafficking. Child domestic labourers are at particular risk of abuse, violence and exploitation, in this informal sector that is particularly difficult to monitor. When family resources are limited, girls are often sent to work – but boys kept in school. In South Asia, children work in a wide range of sectors – including coal mines, carpet industries, fishing industries, garment factories etc. There is no comprehensive data available, but surveys covering several sectors indicate that physical punishment is used against child workers. Estimates suggest that there are more than 2 million women in commercial sex work in South Asia, 25 per cent of them are believed to be children13 .

UNFPA (2003) Violence against Women in South Asia: A Regional Analysis. p. 54

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2.2 Causes and risk factors for violence against children A combination of a variety of factors triggers, encourages or condones abuse and exploitation of children. Certain individual factors, such as age, gender and possible disabilities, affect the level of a child’s vulnerability to abuse.14 As for the perpetrators, a history of previous abuse seems to increase the likelihood for abusive behaviour, as does low educational attainment and substance abuse.15 16 In homes, young, single, poor or unemployed parents and parents with four or more children are statistically more likely to resort to abusive behaviour. Unrealistic expectations about child development, stress and social isolation have also been linked to abusive behaviour by parents. There is also a close link between domestic violence and child abuse.17 Certain critical societal and cultural factors, however, determine the roots, context and responses to abuse and exploitation of children and contribute to the incidence and intensity of the issue.

Socio-economic factors: Violence against children occurs in all social classes and the link between poverty and violence against children is not so simple. The global WHO report on Violence and Health states that poverty does not contribute to violence on its own but instead accompanies factors such as unemployment, low educational levels, substance abuse and poor housing.18 Poor families, especially in areas with high birth rates, are stretched to their edges and 14 15 16 17 18 19

children are seen as a financial burden – yet another more mouth to feed. In such situations, girls are more likely than boys to be neglected when food is scarce. For older children, and again especially girls, poverty and economic disadvantage makes them more vulnerable to trafficking and commercial sexual exploitation, bonded labour or low-paid labour. Poverty is also seen as a cause (and a consequence) of early marriage. In South Asian dowry-practising countries there is a financial incentive to marry off girls early, as the dowry is likely to be lower for younger girls. The lack of economic independence of girls/women can also result in the girl staying on in an abusive relationship, due to lack of viable alternatives, especially when return to the native home is not an option.19

Deeply embedded patriarchal and hierarchical traditions: The strong patriarchal and hierarchical system based on the unequal power structure in South Asia tends to allow and accept the oppression of certain group of people characterized by castes, classes and ethnic groups, and especially by gender and age. Patriarchy, the system of control or governance by men in the hierarchical relationships, is at the core of the deeply internalized idea of male supremacy and female dependency. This social construct equates masculinity with the exercise of power and gives the husband and father full authority in the household and a

Research also indicates that there are certain ‘peak-ages’, i.e. periods of time when children are more at risk of abuse. Peak age can vary among countries. For instance, the peak age for abused children in this category is 6-11 years in India. Fatal physical abuse is most common among young infants. See UN Doc. E/CN.4/1995/42 of 22 November 1994, para. 119 (i and ii); WHO (2003) World Report on Violence p.15; UNFPA (2003) Violence against Women in South Asia – a Regional Analysis p. 24 More recent studies suggest that the link between past experiences of abusive behaviour is less apparent than previously thought. See WHO World Report on Violence, 2003, p. 68. WHO World Report on Violence, p. 67-68. WHO World Report on Violence and Health, p. 244. http://www.who.int/violence_injury_prevention/ violence/global_campaign/en/. The Special Rapporteur on Violence against Women states that denying women economic power and economic independence is a major cause of violence. She also predicts that unless economic relations in a society are more equitable towards women, the problem of violence against women will continue. In fact, a study of 90 societies in relation to wife beating found that economic equality was a key factor which prevented violence against women. See UN Doc. E/CN.4/1995/42 of 22 November 1994, para. 53

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right to control the lives of women and children and especially his daughters. Femininity, in turn, entails submission by the wives and daughters, whose identity and selfesteem are tied to the relationship with the male – her father, husband or son.20 This being said, violence is not a necessarily a problem stemming from the relationship man– woman but rather the relationship between a man and other men in the society. The dictates of masculinity assume that a man should be able to demonstrate his power over his household (including wife and children) vis-à-vis his male peers. Similarly, the principle of ‘respect for the elders’ followed widely in South Asia gives power to those in authority. In its pure form, in the society this would be a senior, respected man (with religious authority), in the family the father, and in schools the teachers. Children are at the lower scale of the ladder in a strong patriarchal and hierarchical system and as they are considered relatively immature adults in different settings usually make the decisions about their lives.21

Maintaining a sharp distinction between public-private spheres: All South Asian societies believe in the sanctity of the family and privacy of the family life.22 This is an expression of individuals’ right to privacy and free choice but when such attitudes become sacrosanct and are allowed to override other fundamental rights, children are at heightened risk of violence in homes. What happens within the four walls of the homes is considered to be within the man’s private sphere to which ‘the public’ has no access. Thus, the law enforcement officials are reluctant to intervene in child and domestic abuse and neighbours become complacent, 20

as they dare not get involved in the matter. The private-public distinction also has patriarchal underpinnings as a man is widely assumed to have the authority to ‘discipline’ his wife and children at his own discretion. The emphasis of the ‘private’ poses a clear risk for abuse of children.

Cultural practices: Due to the prevailing patriarchal values, cultural practices that might have been gender neutral initially have been distorted against girls and women. For instance, dowry (India, Bangladesh and Pakistan) was initially instigated to ensure their share in family property and financial security for any unforeseen events, such as widowhood. It has now been reduced to a financial transaction between their family and the family of their husbands. The practice has resulted in many additional risk factors such as early marriage (lower dowry for younger girl), dowryrelated violence and polygamy and has introduced a new concept ‘disposable brides’ which signifies young girls who are married off and abandoned by their husbands who later move on in search of new dowries and the girls that come with it. The practice of young girls being married to the Quran to prevent a split of family property in Pakistan is reportedly declining23 but is indicative of the subservience of the entity of females. In the name of religion and culture but propelled by poverty, young girls are offered to serve a god but almost always end up in a life of prostitution (India and Nepal). ‘Honour killing’, karo kari, is most common in Pakistan and refers to the murder of a woman by her family as an act to restore the ‘honour of the family’. Honour killings are most commonly practised when the virginity of a sister/daughter or the faithfulness of a wife is in doubt.24

More on this see UN Doc E/CN.4/1995/42 of 22 November 1994, para. 64 (UN Commission on Human Rights, Preliminary Report of the Special Rapporteur on Violence against Women) 21 The situation is somewhat more complex in the family structure where the hierarchy of authority defines the place of each member. Thus, in a traditional set-up a 40 year old man would occupy a subservient position to his 65 year old father. 22 More on this is the chapter on Violence against Children in Home and Family. 23 UN Economic and Social Commission for Asia and the Pacific, Report of the Sub-regional Expert Group Meeting on Eliminating Violence Against Women , Dhaka, Bangladesh, 14-16 December 1997, para. 10. See www.unescap.org/esid/GAD/Issues/Violence/dhak-rep.pdf . 24 UNFPA and AFPPD (2003) Violence against Women in South Asia-A Regional Analysis 2003, p.5

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Lesser value of females: Females have been given a position subservient to males in cultures and interpretation of religions. The notion of females as temptress often puts the onus of violence on her and attempts to justify the actions of the offenders. In many instances, their presence is viewed as polluting. Many communities consider women and girls as impure and prohibit them from religious and social activities during menstruation. Whether Hindu or Muslim, girls cannot enter the temple or mosque. In some Hindu communities girls and women avoid visiting households with sick members for fear they will be blamed for causing the illness25 . Emanating from the underlying and risk factors, three themes recur in different settings whenever violence against children is explored.

(i) Gender related violence specific to girls

Notwithstanding the progress of some countries in the region, South Asia remains the most gender unequal and insensitive region in the world. Compared to other regions, statistics pertaining to social development tend to be unfavourable to women and girls in region although several gender specific social indicators suggest that women and girls in Sri Lanka and Maldives fare better.

Gender-based violence has been attributed to the lower status of females in most of the communities in South Asia. The discrimination against girls begins even before their birth and continues throughout their life. They are at higher risk of feticide, infanticide and their basic needs are neglected especially if resources are insufficient for both boys and girls in the family. Considering the situation in many South Asian communities, it is more difficult for girls to tap into existing social capital. Girls’ mobility and healthy relationships with adults outside of the family is limited. Their mobility is restricted and they must conform to traditional gender stereotypes. Besides being sexually exploited within or outside their homes by the same boys and men from whom they expect protection, they also face the less severe form of abuse by neglect at home and by society at large27 . While the socialisation process perpetuates the lower status of girl children, their marginalisation by referring to traditions and beliefs continues. In the last few decades, the Taliban in Afghanistan institutionalized gender roles and made the state responsible for punishment of transgressors. The extent of the initial public support for their movement can be explained by the fact that the movement is structured around co-opted elements of Islam and traditional Pashtun culture which people have already internalized. During the Taliban regime women and girls would be whipped and beaten if they did not practice

Selected regional averages for statistics relating to women26 South Asia

Sub-Saharan Africa

Middle East and North Africa

East Asia and Pacific

World

Life expectancy: females as % of males

102

104

105

106

105

Adult literacy rate: females as a % of males

64

75

70

87

82

Gross primary school enrolment: females as a % of males

82

88

90

101

92

Contraceptive prevalence (%)

45

22

52

78

60

Skilled attendant at delivery (%)

35

42

70

73

58

25 26 27

UNICEF and Save the Children Nepal (2000). Bringing up Children in a Changing World. UNICEF: The State of the World’s Children 2004 - Girls, Education and Development www.unicef.org/ infobycountry/. Hayward, R.F (2000). Breaking the Earthenware p. 81

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purdah i.e. cover themselves from head to toe, walked in public places without a male relative or violated other such laws decreed by the regime.

(ii) Child sexual abuse

Child sexual abuse and exploitation are issues of concern for all the countries in South Asia. They are mostly hidden and underreported because sexual abuse is associated with shame and stigma. Furthermore, children are afraid to speak out fearing disbelief and retribution. Sometimes the perpetrators try to cover up the situation by falsely accusing the abused child.28 Girls are believed to be a greater risk of sexual abuse but boys too are vulnerable. In some parts of Pakistan and Afghanistan sex with boys is considered less of an offence than sexual abuse of girls. The vulnerability of children to sexual abuse, as Type of risk to the poor Lifecycle

l l l l

l l l l l

Environmental

l l

Social

l

l

28

26

(iii) Physical and psychological punishment

A consensus on what constitutes violence against children in South Asia is lacking. Physical punishment is so pervasive and widely contested in South Asia that it did not till recently merit attention and not much information about its nature and consequences was available. South Asian societies accept and justify punishment of children, irrespective of whether it impacts on their physical integrity and breaches their

Sub-set associated with risks/vulnerabilities to Child Sexual Abuse l

Economic

other major forms of violence, is heavily influenced by aspects of their identity, such as gender, ethnicity, caste or economic status, which are part of the wider context of discrimination, neglect and disadvantage in South Asian societies.

Street children with no guardians Adolescents, especially girls Children from families in crisis (e.g. alcoholic parents, traumatized by war or civil conflict) Women/girl migrants – either alone or with families Family that cannot meet its basic needs (e.g. large number of dependents without assets; female headed households; where one or more member has out-migrated) Livelihood based on arduous labour, especially for women and girls High unemployment or long term underemployment Sudden economic shocks (e.g. climatic, erosion, market driven, change in prices of basic needs) Indebtedness of family (e.g. girls living in communities where dowry payments required upon marriage divert scarce resources) Income disparities between rural/urban or between countries Lack of sustainable livelihoods due to long-term environmental degradation, including erosion and drought Disasters and emergencies (e.g. cyclones, earthquakes and floods) Social Capital (e.g. new migrants with few, if any, social contacts; communities displaced by development initiatives and projects whose existing social networks are disrupted; excluded or marginalized groups or individuals who may be unable to benefit from the existing structures) Security (e.g. those living in violent or abusive families/ households)

Jabeen, F and Karkara, R. (2004) Mapping Save the Children’s Response to Violence Against Children in South Asian Region

REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

respect and dignity. They value the ideals and ideas of the aged more than that of the young and obedience by children of adults is a cherished value. In this scheme, punishment is an accepted and preferred method to teach children to respect elders and be obedient, punishment by teachers is favoured and reinforced by parents, to establish control over the children. The belief that boys in particular need greater physical discipline in preparation for adult male roles and responsibilities contributes to acceptance of physical abuse.29 Emotional abuse or psychological violence of children has still not got the attention it deserves. While physical abuse is visible, identification and response to psychological abuse is difficult. Name-calling, belittling, taunts, humiliation, isolation and threats often escape detection or are interpreted subjectively. Nonetheless, they cause a gamut of negative emotions including anxiety, agony, anger, vindictiveness, hopelessness, low selfesteem, sadness, depression, which prevent children from thriving, learning and developing. Similarly, witnessing violence and discrimination by parents, siblings, members of the extended family or other caregivers in the homes who are responsible for their care and upbringing and who have power and trust over them can be a source of trauma.

2.3 South Asian responses to violence against children 2.3.1 Global commitments

All countries in the region have ratified the Convention on the Rights of the Child (CRC), with very few reservations.30 Article 19

29 30

31 32

States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s),legal guardian(s) or any other person who has the care of the child CRC, Article 19(1)

contains the general prohibition against all forms of violence against children. Governments have the primary responsibility to protect its citizens, including children, under the CRC. Among other measures, they are required to: l Take legislative, administrative, social and educational measures to protect children from all forms of violence. This can include assessing existing laws in order to identify gaps, enactment of new laws or repealing of old laws, ensure that laws incorporate provisions for appropriate sanctions for violations and compensation for victims.31 l Take other protective measures, for instance, related to the identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment (Art. 19(2)). Such ‘other protective measures’ can include mandatory reporting of child abuse cases for professional groups working with children’32 or referral systems.

See chapter on Violence against Children in Homes in this report. Bangladesh has made a reservation regarding Article 14(1) on the right of the child to freedom of thought, conscience and religion and a reservation on Article 21 on adoption. India’s reservation states that they will ‘in time’ implement the minimum age to work (Article 32(a)).The Maldives has made a reservation on Article 14(1) relating to adoption. See CRC Implementation Handbook (2002), p. 263. See Guidelines for Periodic Reports (para. 89) in CRC Implementation Handbook (2002), p. 272.

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This general framework for protection of children against all forms of violence is complemented by other Articles that deal with specific aspects of violence, abuse and exploitation, for instance, separation from parents following abuse and neglect (Art. 9); alternative forms of care (Art. 20); protection of children from harmful traditional practices (Art. 24(3)); periodic review of placement or treatment (Art. 25); school discipline without violence (Art. 28(2)); protection from sexual exploitation (Art. 34); protection from torture and inhuman or degrading treatment or punishment (Art. 37); rehabilitative care for victims of violence (Art. 39). In addition to the CRC, children also fall under the general human rights framework and consequently there are other key international instruments with relevance to violence against children. All countries in South Asia have ratified the Convention on the Elimination of all Forms of Discrimination of Women (CEDAW), 33 which requires States Parties to “to take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise” and to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women (Art.2).34 35 Other important international instruments with relevance to violence against children include the Torture Convention and the CRC Optional Protocol on the Sale of Children, Child

33 34

35 36 37

38

28

Prostitution and Child Pornography and the Optional Protocol to the Convention against Trans-national Organized Crime to Prevent, Suppress and Punish Trafficking in Persons. The ILO Convention 182 (protection against worst forms of child labour) provides for protection against children at workplaces. All countries of South Asia, except Afghanistan, have adopted the Stockholm Agenda for Action against the Commercial Exploitation of Children36

2.3.2 Regional responses

The governments in the region have also actively worked towards the elimination of violence, abuse and exploitation against children through regional mechanisms and processes. The South Asia Association for Regional Cooperation (SAARC)37 , which consists of all countries covered by this report except for Afghanistan, has identified women, children and youth as one key area of cooperation. This undertaking has resulted in a number of agreements relating to the protection of children against violence and abuse. The 2002, SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia38 states that States Parties shall: Ensure that their national laws protect the child from any form of discrimination, abuse, neglect, exploitation, torture or degrading treatment, trafficking and violence.

Afghanistan has signed CEDAW but is yet to ratify the Convention. CEDAW does not explicitly deal with violence against women, except in the areas of trafficking and prostitution (art. 6). The Special Rapporteur on Women has stated that a proper interpretation of the definition of discrimination includes violence against women by implication and thus many of the antidiscrimination clauses contained in it provide for the protection of women from violence. In General recommendation 12, adopted in 1989, the CEDAW Committee requested that States include information about violence against women and the measures taken to eliminate such violence in their reports. See also the Declaration on the Elimination of Violence against Women (art.4), which clearly states that “States should condemn violence against women and should not invoke custom, tradition or religious consideration to avoid their obligations with respect to its elimination”. ECPAT International ECPAT Report on the Implementation of the Agenda for Action against the Commercial Exploitation of Children. Available at http://www.ecpat.net/eng/A4A02 The South Asian Association for Regional Cooperation (SAARC) was established in 1985 and includes Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka. Afghanistan is not a member of this organization. SAARC provides a platform for the peoples of South Asia to work together in a spirit of friendship, trust and understanding. It aims to accelerate the process of economic and social development in Member States. Available at http://www.saarc-sec.org

REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

The Convention, which has not yet entered in to force, also includes provisions on child labour and the need to have compulsory civil registration of births in order to facilitate enforcement of national laws on minimum age for employment and marriage. In administration of juvenile justice the Convention recognizes the need to promote child’s reintegration and alternative measures to institutional correction (Art. 3(c)). In relation to gender the SAARC Child Welfare Convention recognizes ‘gender justice’ as a key aspiration for children. It is clear that the Convention is intended to have legal effect, as the State Parties to the Convention are obliged to adopt necessary legislative and other measures to ensure its implementation (Art. VI (1)). In addition to the above, SAARC has also adopted a convention against trafficking of women and children into prostitution.39 Governments in the region have also demonstrated their commitment to children through the three Ministerial Consultations on Children, the observance of a Year of the Youth (1994), Year of the Girl Child (1990), Decade of the Girl Child (1991-2000), and currently observing the Decade of the Rights of the Child (2001-2010). In preparation for the 2nd World Congress (2001) against Commercial and Sexual Exploitation of Children and Child Sexual Abuse, a South Asian Strategy was developed at a regional consultation held in Dhaka. Over 140 participants, including 25 children and young adults participated in the process. Governments in the region restated their commitment to the fight against commercial and sexual exploitation of children at the mid-term review of the Yokohama Global Commitments, held in Sri Lanka in 2004.

39

2.3.3 National responses to violations against children A. Programme Initiatives In addition to international and regional commitments, governments in the region have taken certain measures at the national level to prevent violence, abuse and exploitation of children. Many of them have created statutory bodies or agencies entrusted with responsibilities for monitoring, coordinating and implementing policies and programmes pertaining to children and women. The commissions for human rights and women in some countries have been addressing child protection issues. There is a National Commission for Child Welfare and Development (NCCWD) in Pakistan and National Commission on Women and Children (NCWC) in Bhutan while a National Commission for Protection of Child Rights (NCPCR) to protect and monitor children’s rights is being created in India. This is in addition to the National Commission for Women and National Commission for Scheduled Castes and Scheduled Tribes, who have been dealing with issues of girl children and children belonging to socially marginalized or excluded castes. A national charter and policy for children is proposed in order to define the duties of the government and society regarding the protection of children’s rights. Similarly in Nepal, Central Child Welfare Board (CCWB) and District Child Welfare Board (DCWB) in all the 75 districts have been established to monitor the child rights situation and coordinate child welfare programmes at national and district level. The National Child Protection Authority (NCPA) in Sri Lanka is a unique example in the region of a government institution that has

SAARC Convention on Preventing and Combating the Trafficking in Women and Children for Prostitution, signed in Kathmandu on January 5, 2002. Available at www.saarc-sec.org.

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been successful in supporting legal amendments, introducing new laws and in coordinating between relevant offices. It has the authority to supervise and monitor all institutions providing care to children and to secure the safety and protection of children involved in criminal proceedings. It has been working with a wide range of stakeholders outside the government as well and has sought to focus attention on the various dimensions of violence and abuse.

regional processes aiming at combating violence against children. South Asian children and children’s groups participated in the Yokohama Conference on Commercial Sexual Exploitation of Children as well as in the process that preceded the conference and the follow up. Children will also participate in both the National Consultation as well as the Regional Consultation, which are part of the South Asian contribution to the Study on Violence against Children.

Most countries in the region have prepared National Plans of Action for Children and where not yet available they are in the process of being developed. Countries can also have specific Action Plans to work against commercial sexual exploitation of children. Many countries have established separate child protection bodies to monitor children’s well-being and to coordinate responses.

In relation to initiatives directed to child victims of violence and abuse, some initiatives are underway that seek to ensure that child victims are referred to support services. But availability of such services is still primarily limited to urban centres. The establishment of special bodies within the national police force or ‘desks’ for women and children at police stations have been deemed as positive developments. Safe houses and shelters are also available for child victims in specific areas. It seems that legal support to child victims is provided through voluntary organizations, but again, such services are unavailable to the majority of children in the region. An encouraging sign is the operation of emergency hotlines for children in at least India, Pakistan, the Maldives, Nepal and in Sri Lanka. But sadly, there are many child victims of violence that have few options to deal with their trauma besides suffering in silence.

Child rights training of both children and various service providers (teachers, social workers, police, medical personnel etc.) have been conducted in all countries to a varying degree. This also includes building the capacity of community based organization to initiate legal proceedings on behalf of child victims. Some initiatives aim at children’s empowerment, especially of girls, through provision of knowledge to protect themselves from abuse and violence. Peer learning has proved to be quite efficient and has also been practised in the region. In relation to girl children, initiatives are already underway which aim at empowerment through knowledge. However, initiatives that seek to include men in the protection of children against violence and abuse are very few. Given the patriarchal traditions in South Asia, the involvement of men in this process seems crucial, first through awareness raising and then through peer education initiatives. On the other hand, South Asia has been in the forefront in many aspects in relation to ensuring child participation in national and

30

Considerable efforts and ‘investment’ by governments, international and national organizations has been directed towards advocacy and awareness-raising campaigns on various forms of violence against children. Given the deep-rooted attitudes that put children, and especially girls at risk for violence it is difficult to determine and indeed measure the impact of such campaigns. However, the task at hand is humongous and, unfortunately, success can only be expected over time.

B. Legislative Initiatives All countries in the region have adopted legislation that relate to the protection of

REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

children from violence and abuse. While some of the domestic laws now mirror international standards, there are also deviations from the standards set by the CRC and other international treaties. Measures to review national laws to ensure compatibility with the CRC have been taken in Bangladesh, Sri Lanka, India, Nepal and Pakistan. A number of countries have constitutional guarantees for protection of children either as a general reference to the rights of the child or protection of children or more specifically relating to protection from abuse and maltreatment. Many countries have adopted specific ‘child protection laws’ addressing a wide range of issues relating to the well-being and protection of children, whereas others have more general laws such as the penal codes or other specific laws relating to for instance trafficking of women and children. In law, children in South Asia are quite well protected against early marriage. Sri Lanka, Maldives, Nepal and Bhutan have set the minimum age for marriage at 18 – which applies equally to both girls and boys. The general rule in Bangladesh, Nepal and India is that the girl must have attained 18 years and the boy 21 years. In Afghanistan and Pakistan girls can marry at 16 years, whereas a different standard applies to boys who need to be 18 years. The noteworthy deviation from these laws is the Muslim Law in Sri Lanka and Bangladesh that allow girls to be given away in marriage once they reach puberty. The laws relating to minimum age for marriage is a good example of child protection legislation being in place but yet violations against the law are very common and prosecutions being very rare. This demonstrates that legislative measures alone are not sufficient to prevent child and early marriages.

40 41

Except in Sri Lanka where corporal punishment is banned, none of the South Asian countries explicitly prohibit physical punishment in homes and schools. Sri Lanka, however, still recognises ‘whipping’ as a form of punishment for instance under the Penal Code that can be used with children. Administrative directives prohibit physical punishment in Pakistan, Bhutan and some states in India. Capital punishment for children is illegal throughout South Asia. Regarding violence against children in homes, there are no separate laws for children, but they are seen to fall under the general criminal law provisions relating to violence against person. On the other hand, there are laws in the region that allow parents or guardians to “moderately” hit or beat a child as a measure of disciplining the child.40 Few countries in the region have mandatory reporting for child abuse cases. In Sri Lanka, health professionals are required to report suspected cases of child abuse and neglect. In general mandatory reporting laws are introduced with the intention to, inter alia, ensure early detection of child abuse, to prevent serious injury and to increase safety of the victim having somebody else report the abuse on their behalf. Mandatory reporting also fulfils data gathering purposes.41 There do remain some legislation that hampers work against violence and abuse of children. For instance the evidence law under Hudood ordinance in Pakistan, which requires that a testimony of a woman be attested by two men, is not helpful in addressing sexual abuse of girl children. Under the same ordinance, girl victims filing the complaint also risk being charged of adultery.

For example, Pakistan Penal Code, Section 89 allows parents, teachers and other guardians to use corporal/physical punishment as a means of disciplining and correcting the behaviour of children below 12 years. See: SPARC. The State of Pakistan’s Children 2002, p.140. WHO World Report on Violence and Health, 2003, p. 74.

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Legal aid to victims of violence seems to be available, either through bodies set up by the Government and/or through NGOs or civil society groups.42 In spite of the legal frameworks, lack of enforcement of legal provisions relating to child abuse is still a major concern. Consequently, there is widespread impunity for acts of violence against children. The case could thus be made that the Governments have failed to honour their commitment to the CRC since in

42

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many instances there is still a lack of effective legal remedies for child victims of violence. The aim should thus be to ensure child friendly court procedures for child victims of violence to ensure that court proceedings indeed bring justice and closure for child victims and to the extent possible prevent further trauma. Sensitization and training of police and judicial officials is key in this process. Given the limited resources available in the region, international organization should support governments in this endeavour.

This information is drawn from India, Pakistan, Bangladesh and Sri Lanka, who made available their responses to the questionnaires, sent out relating to legal frameworks and its application in relation to violence against children by February 2005.

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Violence Against Children in the Home and Family 3.1 Regional overview Till recently the governments, non-government and private initiatives in South Asia paid little attention to violence against children within the homes/families, which cuts across the boundaries of geography, culture, religion, ethnicity, and income levels. Ignorance and denial of violence against children is a reflection of the societal beliefs in the region that the adults know and do what is best for children and the privacy of the family should not be intruded upon. This perspective has protected abusive families from the scrutiny of the state and society. However, the increasing testimonies from children and adults in the region suggest that the problem of violence within homes and families is extremely serious. The family is recognized as a place of potential care and protection but poor family relationships, poverty and loss of family members can turn the family into a harsh and unloving environment for children. Various consultations with children in the region43 have shown that they are deeply affected by the physical, psychological and sexual violence they face within their homes. They dislike being beaten, verbal abuse and humiliation and also talk about forced marriages, restrictions on mobility, limited opportunities for participation and expression of opinion and social discrimination against girls, the disabled 43

44 45

and poor children. A research with children in Kabul’44 showed that whilst witnessing war certainly affected children and made them deeply fearful, the challenges and difficulties faced by them are far greater and deeper. According to them, the circumstances of families and the nature of relationships between family members could be most critical to their well being and the biggest challenges to them as they are growing up. While the importance and contribution of family in the well-being of children cannot be underestimated, its primacy and legitimacy inadvertently results in children’s powerlessness and low status in the family and societal hierarchy. As passive recipients of decisions made by parents or other senior members of the extended family, most children in South Asia are unable to protest against violence inflicted on them within their homes. If they do, they are considered disobedient, rude and insolent. It also needs to be noted that the extended family support system available to South Asian parents has helped restrain parental tempers. As it is weakening, the vulnerability of children to uncontrolled violence is increasing. Some studies on child rearing practices in rural areas of India have shown less probability of extreme or severe physical abuse because of the stronger family support system.45

Save the Children (2003). An analysis of the voices of children in South and Central Asia: on violence against children. Save the Children South and Central Asia documented and analysed children’s expressions, views, concerns and priorities in the last four years on violence against girls and boys as part of its effort to prepare for the global study. It drew information from reports/secondary data based on Save the Children’s work, children’s participation processes at the sub-national and national consultations for the Yokohoma conference, and National Plan of Actions (NPAs). De, Berry, J. et al (2003), Children of Kabul – Discussions with Afghan Families, Save the Children US and UNICEF, Afghanistan. Poffenberger (1995) My Name is Today: Child and Protection Issues 2003; Vol. 2 Butterflies Advocacy and Research Centre, New Delhi, India.

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Nonetheless, the possibility of violence against children with physical, mental or learning disabilities is greater because their condition is considered shameful, embarrassing and indeed a curse to the families in South Asia. There is anecdotal evidence and some research, which suggests that apart from being hidden from the public gaze by their families children with disability are also victims of overt and covert violence within their homes. However, it is not possible to state conclusively about the magnitude and nature of violence.

Gender related violence specific to girls

A particular serious concern is the growing incidence of foeticide. In India alone, between 3 million and 5 million female foetuses are aborted each year.46 Neglect, poor health and nutrition, as well as physical and psychological abuse of the pregnant mother impact on her survival and well-being. Infanticide, especially of girl child, is also well known47 . Neglect is the greatest cause of sickness, disability and death among children, especially girls, in the 2-5 year age group48 . All these factors in combination with systematic differential access to food and health care have contributed to the phenomenon of ‘missing girls’ in South Asia49 . Most studies in South Asia do show that the number of males with disability is greater than females in both rural and urban areas, probably because of the high incidence of child mortality among female children caused by social discrimination and deep-rooted gender insensitivity within households. A girl

46 47

48 49 50 51

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child with disability is doubly disadvantaged as she is likely to receive less nutritious food, health care and attention within the family and to die young50 . The desire of families to protect the chastity of girls and thereby their honour is a major cause of early marriages, which are quite common in many South Asian communities.51 While the serious psychological, physical and sexual consequences of early marriages are generally well-known, the incidence and fallouts of mismatched marriages or marriage between partners with a huge age gap is now beginning to draw attention. While most marriages in South Asia have traditionally been forged between families rather than consenting individuals, social customs dictated by economic imperatives contribute to the vulnerability and disempowerment of girls. For instance, Wattao Satta or Addo Baddo is a barter marriage practiced in Pakistan where a girl is given to a man in marriage in return for a girl from the bridegroom’s family. This is practised in very poor families where the bridegroom’s family avoids paying for a bride by giving up to the bride’s family one of their girls. If there is no girl available then a pregnant woman of the bridegroom’s family will have to give her child after the child is born. When children are forced to marry someone who is much older than them, they face the prospect of emotional incompatibility and its consequences (e.g. frustration and aggression) as well. There have been cases of older women being married off to boys

UNFPA and AFPPD (2003) Violence against Women in South Asia-A Regional Analysis The most common cause of death among infants is injury to the head, followed by injury to the abdomen. Intentional suffocation has also been extensively reported as a cause of death. Shaking of very young children, beating, forcefully choking the child causes permanent injuries and even deaths. See http:// www.who.int/violence_injury_prevention/violence/global_campaign/en/chap3.pdf Parents working in agricultural fields or busy with household chores usually bind their babies to ensure their safety by restricting their movement. But this practice harms the child’s muscular and motor development. http://www.unicef-icdc.org/publications/pdf/digest6e.pdf UNICEF ROSA (2003) Examples of Inclusive Education There is anecdotal evidence that some families marry their girls early for the bride price to relieve their indebtedness.

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(usually the brother of the deceased husband) in keeping with the social tradition in some communities to keep her and her children within the family and to avoid division of land and property. Although extremely rare, polyandry is practiced among some communities in Nepal and India. For instance, the Tibetan-influenced Lama community of Humla in Nepal has the tradition of a woman marrying a man having to marry all the younger brothers living in the same house – in some cases, she can end up having as many as 10 husbands52. A child bride experiences physical violation and emotional trauma as she is compelled, sometimes through sexual coercion and violence, to deal with early sexual activity53 . She is at risk of serious injuries and trauma, undesired pregnancy, mental health disorders, sexually transmitted infection and HIV/AIDS transmission. The strains and pains of early pregnancy and childbirth heighten the likelihood of maternal morbidity and mortality.54 Girls who begin their reproductive cycle at younger ages are likely to be more isolated or less empowered and as a result less likely to seek appropriate health care during pregnancy and childbirth. A significant number of victims of femicide or battering females to death within their homes are below 18 years55. In Bangladesh, women who are killed by their husbands account for 50 per cent of all murders56.

52 53 54

55 56 57 58

For failing to bring dowry as per the demands of their husbands or in-laws thousands of women and young girls in India and Bangladesh are killed, albeit the practice of dowry is legally prohibited. The media coverage of dowry related violence (e.g. physical violence, murder or attempt to murder) despite underreporting has been extensive57 . The available data does not reflect the magnitude of such violence as most of the dowry related deaths are disguised as accidents or suicides.

Child sexual abuse

Child sexual abuse occurs at homes more than in other settings but is the most hidden and underreported form of violence against children in South Asia. As abuse by a close relative and acquaintance is a sensitive issue, it is inevitably under-reported. Thus, there is very little data on sexual abuse of children, in general and in homes or family settings in particular. The perpetrators of abuse are usually the people children trust – close relatives or acquaintances. It has been corroborated by a study conducted by ‘Breaking the Silence’, a Bangladeshi NGO in Dhaka, which found that among 50 sexual abusers more than half of the perpetrators were close family members. In India, 40 per cent of the child sexual abuse cases are incestuous, uncles or males cousins being abusers58. It is not always male relatives who abuse children, as a study in Maldives found that 3.1 per cent of the offenders were females.

Sancharika Samuha and UNIFEM (2002) Mother Sister Daughter http://www.unfpa.org/intercenter/violence/gender2d.htm Girls under 15 years of age are more likely to die in childbirth than women in their 20s. Young girls are also likely to have prolonged and obstructed labour. In South Asia, 70 per cent of maternal deaths result from the five direct obstetric causes of maternal death: bleeding, eclampsia (convulsions), infection, obstructed labour and unsafe abortion. Lack of availability of quality Emergency Obstetric Care services, coupled with insufficient awareness about the need for them, places pregnant women in the developing world at a 40 times greater risk of maternal mortality than their counterparts in the developed world. Source: UNICEF Regional Office for South Asia Workshop Report ‘Human Rights and Maternal Mortality,27-29 June 2002, Kathmandu http://www.unicef-icdc.org/publications/pdf/digest6e.pdf Yumi Lee, Violence Against Women: Reflections on the Past and Strategies for the Future- An NGO Perspective, 19 Adelaide Law Review 45 at p.49. (http://www.lawlib.utoronto.ca/Diana/fulltext/lee.htm) According to data based on news clippings compiled by Services Plus and Shishu Odhikar Forum 27 children were murdered in 2003 due to dowry related problems. These were only the reported cases of murder related to dowry. UNFPA (2003) Violence against Women in South Asia—A Regional Analysis

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“I had slept at my cousin’s place in the same room and at night she forced me to have sex.” - A 14-year-old boy in Nepal (Save the Children Norway/CWIN, 2003). Quoted in Save the Children South and Central Asia (2003). An analysis of the voices of Children in South and Central Asia: On Violence against Children.

Generally families maintain silence about child sexual abuse. As sexual harassment and abuse is associated with shame and stigma and the consequences of reporting are perceived to be damaging to the family’s reputation and honour, the abused child’s traumatic experiences are either disbelieved or hushed up. Even rape cases are not revealed due to the fear that the prospects of marriage of the abused girl, and perhaps her sisters and cousins as well, might be affected. Children who have been sexually abused are generally afraid to speak out for fear of being blamed or punished by the family. They are faced with real and perceived threats and enticement by the abuser, and are often unable to express their experiences. The perpetrators sometimes try to cover up the situation by falsely accusing the child who has been abused. Sexual abuse by family members, especially a parent, apart from the physical and psychological trauma, leaves the abused child with a lasting feeling of betrayal. They are often unable to build the relationships of trust and intimacy, essential for their healthy development. Due to lack of faith in the law enforcement system and the prospect of a lengthy process, many families do not file complaints of rape and sexual abuse. They fear the trauma that the abused child may go through in identifying the perpetrator, reporting the crime, in undergoing medical examination and in giving evidence during the trial. But the situation is particularly complicated when the legal representatives of the abused child 59

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(parents, guardians, caregivers) are the perpetrators of sexual abuse. Furthermore, it is almost impossible to report and record the nature and scale of violence against infants and young children who comprise a large proportion of abused children. Limited routine investigations in the event of injuries to children and post-mortem examinations in cases of child deaths make a precise estimation of child abuse extremely difficult.

Physical and psychological punishment

Often studies and programmes addressing physical punishment have concentrated on its incidence in education institutions and avoided exploring homes. However, both adults and children accept physical and psychological punishment of children within homes and families as commonplace. A survey of university students in India found that 91 percent of males and 86 percent of females had been physically punished as children59 . According to a ‘Mini-survey on Corporal Punishment’ conducted by Save the Children Sweden-Norway in Afghanistan, 82 percent of the children interviewed reported that slapping, kicking and hitting with stick are the common forms of physical punishment and many of them indeed justified it. The findings of recent studies undertaken in Bangladesh, Pakistan, Nepal and Maldives show a strong belief among parents and children that corporal punishment is effective and necessary for correcting the behaviour of children or for facilitating the learning process, and that practice of violence is a normal way of solving problems. These studies as well as consultations reveal that girls and boys do not, however, like severe physical punishment, and physical punishment and verbal abuse in public, and imposition of the will of adults. Both girls and boys are subjected to severe physical and psychological punishment when

Save the Children (2001) Ending Corporal Punishment of Children: Making it Happen

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they exceed the cultural barriers of conduct. However, boys are more likely to receive physical punishment than girls in South Asia. A study in Maldives shows that parents are more likely to inflict physical punishment on boys than girls,60 because they are often considered more in need of discipline than the generally docile girls and perhaps in preparation for masculine roles and responsibilities in adulthood. Boys suffer from social pressures that expect them to be ‘masculine’ in appearance, attitudes and behaviour and assume the role of the family’s breadwinners (sometimes at an early age). Higher peer pressure among adolescent boys makes them vulnerable to anti-social relationships, unhealthy habits and risky behaviour61 . Physical and psychological punishment has been linked with increased likelihood of delinquent and antisocial behaviour, and impaired social relationships62 . Children who receive physical punishment have an increased tendency to act out, bully, lie, attack their siblings, hit their parents, retaliate aggressively against peers, and not show remorse. They are less likely to internalize moral values, including resistance to temptation, altruistic behaviour, empathy and moral judgment, than children who are not physically punished. Violence in the home/family is known to have made many children to leave homes and this is one of the causes of children to drop out of schools. Many of them end up as street and working children, sometimes they are pulled into sex trade and criminal activities. Many scientific research studies have also shown that children who witness or experience violence in the early years have a greater chance of becoming violent and abusive adults. The strongest, usually unintended,

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“I hate being a child, I hate being hit and I hate being taken for granted. I have feelings and emotions. I need love, care, protection and attention” - A 13-year-old girl in Pakistan. Quoted in SPARC (2003). The State of Pakistan’s Children 2002. Chapter on Violence against Children.

“I am never allowed to go out alone. If I do, both my mother and brother hit me. When we go out, people in the community look at us as if they have never seen us. They talk behind our back and call us names.” - A girl child worker in India (CWC, 1998). Quoted in Save the Children South and Central Asia (2003). An analysis of the voices of Children in South and Central Asia: On Violence against Children.

“I have to work more, do heavy work and get beaten more because I am a boy” - A South Asian boy. Cited in Save the Children South and Central Asia (2003). An analysis of the voices of Children in South and Central Asia: On Violence against Children

“My father tied me to a tree and beat me in front of everyone in my neighbourhood because I was playing cards with my cousins. Now everyone in the neighbourhood teases me about this and this makes me feel worse than the actual beating.” - A boy from Afghanistan. Cited in Save the Children Sweden (2003). We are the Future of Afghanistan: Children and Young People’s Consultations. A report from the GMC Working Group.

UNICEF Maldives in collaboration with the Ministry of Education (2004) Violence against Children in Schools and Families in Maldives with Focus on Sexual Abuse K.Murthy Ranjani (2001) Regional Mapping of Initiatives on Gender and Masculinity Save the Children South and Central Asia (2004) Physical and Psychological Punishment in South Asia

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message that violence sends to the mind of a child is that violence is acceptable behaviour, that a stronger person may use force to coerce a weaker one. This helps to perpetuate a cycle of violence in the family and in society. Children observe and imitate the behaviour of the adult so if the adult shows anger and aggressiveness the child will adopt that behaviour. Boys are encouraged to use violence as a means to end conflict and conversely, girls are encouraged to accept and internalise the consequences of violence.

3.2 International and national responses South Asia governments generally seek to improve the social and economic situation of families, and thereby children, through percolation of benefits of economic growth and development programme targeting the poor and marginalised. Child protection issues are addressed indirectly through policies and programmes. For instance, India’s National Population Policy 2000 underscores adolescent health as a strategic focus in achieving socio-demographic goals. It aims at ensuring access of adolescents to information, counselling, and reproductive health services, especially in rural areas, where adolescent marriages and pregnancy are most prevalent. It also refers to the importance of enforcement of legislation restraining child marriages and programmes encouraging delayed marriage and childbearing and the need for education about the risks of unprotected sex63 . An intervention whose impact on reducing violence against children and women is not yet discernable but could be significant is the Integrated Child Development Services (ICDS) in India. This holistic early childhood and 63 64 65

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development programme that reaches out 4.8 million expectant and nursing mothers and 22.9 million children under 6 years of age, initially aimed at child survival and growth but gradually its mandate has been broadened to include protection against violence64 . Among the countries in South Asia, Sri Lanka has demonstrated its commitment to reducing physical and sexual violence by bringing about substantial improvement in government policy and legislation pertaining to child protection. Although it has not prohibited physical punishment of children in the homes but a separate law specific to children and specifying various types of violence now protects them. Sri Lanka has amended its laws to include non-violent forms of child sexual abuse and is the only country in the region to formulate a separate law to prohibit incest (Section 364 A of the Penal Code (Amended in 1998)65 . It is the only country in the region to recognise marital rape and sexual harassment. The establishment of NCPA by the government has further strengthened the legal framework, as this agency has successfully influenced policy formulation and legal reform and coordinates between government ministries/departments and NGOs. It has been producing booklets and guidelines on child abuse and alternative forms of punishment and developing the skills of professionals. There is absolute prohibition of torture and cruel, inhuman or degrading treatment of people but laws do not contain any specific provisions on violence against children in the homes. Other countries in South Asia do not have separate laws for children but it is expected that laws for assaults, torture and severe injury can be applied to both adults

Gupta S. D. (2003) Adolescent Reproductive Health in India: Status, Policies, Programmes and Issues (http://www.policyproject.com/pubs/countryreports/ARH_India.pdf) UNICEF (2001) The State of the World’s Children 2001 Save the Children Alliance (2005) Mapping of Save the Children’s Response to Violence Against Children in South Asia

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and children. In the last decade, governments in various countries have made attempts to amend existing legislation and introduce new legal provisions to address emerging issues. For instance, Bhutan amended the Marriage Act of 1980 by increasing the age of marriage of girls to 18. The national legislature of Bhutan also amended the laws on rape and sexual assault recently to impose penalties such as payment of compensation along with imprisonment and, in cases involving minors, providing for sentences ranging between from five to 17 years depending on the severity of the crime and life imprisonment in extreme cases66 . The Indian Government has passed the Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act (1994), which clearly prohibits the use of diagnostic techniques for the purpose of sex determination leading to female foeticide. It could result in three years imprisonment and a fine of Rs.10,000 along with suspension of the doctor’s registration.

3.3 Interventions and good practices Organizations and individuals have generally been reluctant and hesitant in getting involved in matters concerning violence within families, unless it is visible, blatant and direct while women’s groups did advocate and campaign against violence against women, and through association with children. Largely because children’s voices were never heard and their complaints were never deemed serious enough, children as victims of violence never drew attention. In the last few years, an increasing number of small NGOs across the region have been focusing exclusively on child sexual abuse in 66 67

different settings, including families.67 Through research, training and lobbying, they raise awareness about the issue in the society seeking to motivate and mobilise the community and policy makers to take actions against such violence. But other development NGOs working against discrimination and violence in society have also begun spreading awareness in society about the incidence, intensity and serious consequences of violence against children through dissemination of information materials and media advocacy. Different organizations are working out various ways of highlighting and addressing the issue in different fora at different levels. They are producing child friendly materials and training children in self- protection besides providing psycho-social support to abused children. They have also been monitoring incidence and intensity of the problem and researching its various dimensions and underlying causes. They have been able to generate public debate and garnered support from likeminded organizations. They are increasingly advocating the policy makers for plugging the loopholes in legislation and developing appropriate policies and programmes. Projects and programmes increasingly seek to empower children by building their selfesteem, providing them with options and information about available services and working for a supportive environment. Children are provided information that could help them make well-informed choices regarding reproductive and sexual health and their access to quality health care is improved. Their skills to negotiate and to protest against sexual harassment as well as their ability to cope with harassment and violence are developed.

http://w3.whosea.org/women2/initiatives4.htm These include: Breaking the Silence (BTS) and Development Initiative for Social Advancement on CSA (DISA) in Bangladesh, Adithi and Butterflies in India, the Society for the Protection of the Rights of the Child (SPARC), the Pakistan Paediatric Association (PPA), Sahil, Sudhaar, War Against Rape (WAR), Sach, Lawyers for Human Rights and Legal Aid (LHRLA), and Rozan in Pakistan, Eradicating Sexual Child Abuse, Prostitution and Exploitation (ESCAPE) in Sri Lanka. Save the Children US supported Adolescent Sexual and Reproductive Health (ARSH) programmes in Nepal and Bangladesh.

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Various stakeholders such as parents, teachers, other caregivers and government functionaries are trained so that they can help prevent and deal with cases of abuse.68 Establishment of paralegal committees in Nepal is one of the good practice in the region to raise community’s awareness and strengthen the tie between community and district stakeholders for taking actions to protect children. The NCPA in Sri Lanka, the only government agency in the region that is actively working against violence against children in the private domain, has been producing booklets and guidelines on corporal punishment of children, focusing on the effects of violence on children in homes and in schools, the misconceptions and suggestions about how a parent, teacher or caregiver can deal with anger and discipline children. Three interesting and promising developments can be discerned among the organizations working against violence in the region: (i) They are beginning to undertake participatory researches involving various stakeholders on physical and psychological punishment and sexual abuse of children within the home and family69 . They actively involve girls and boys not only as respondents but also as co-researchers. Besides giving children the opportunity to express their views and experiences on punishment by parents and other caregivers in the family, these studies challenge the silence surrounding violence against children in the homes and enhance understanding of the nature

68

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and dimension of child abuse and its after effects. Although the effectiveness of their methodology as a tool for gathering information is still being tested, their insights could help develop appropriate policies, strategies and interventions aimed at reducing the incidence of child abuse. These researches are being used as resource in advocacy and awareness raising campaigns, training and workshops (ii) They have been trying to develop active learning tools and techniques that not only raise awareness among people but also generate discussion and introspection. Theatre has been identified as one tool for development and promotion of child rights. Through discussions among children stories are generated which help develop a play. The play is performed before a varied audience and their feedback and suggestions are sought. (iii) They are involving men in addressing issues of gender and violence, recognising that they are better able to challenge notions of masculinity and engage with other men in introspecting on attitudes and behaviours that result in violence against women and girls. A growing number of male professionals in South Asia in designing and facilitating training events on gender. NGOs in India, such as Adithi and Prerana, work with adolescent boys and men, incorporating issues of children’s rights, violence, gender discrimination and reproductive health and have been able to bring about positive changes in their attitudes

These include: Save the Children-Norway-Nepal and Children-Women in Social Services and Human Rights (CWISH) implemented ‘Combating Silent Suffering by Children in Kathmandu Valley’ project and Save the Children US implemented Adolescent Sexual and Reproductive Health (ARSH) programmes in Nepal and Bangladesh. The ‘Bangladesh Child Abuse Study’ commissioned by Save the Children Alliance, UNICEF and the government of Bangladesh involved children in primary research. In Pakistan, the research ‘Disciplining the Child-Practices and Impacts’ in Pakistan was undertaken by Save the Children Sweden, Save the Children UK and UNICEF in collaboration with the education department in the North-West Frontier Province (NWFP) in 2003. In Maldives, UNICEF undertook a study on ‘Violence against Children in Schools and Families with Focus on Sexual Abuse’ in collaboration with the Unit on the Rights of Children and the Ministry of Education in 2004. In Afghanistan, Save the Children Sweden-Norway undertook a ‘Mini Survey on Corporal Punishment’.

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towards girls and women70 . In their engagement with men and boys, the Men’s Clubs in Tamil Nadu, India, have been able to highlight the benefits and losses for males in a patriarchal society, including: exposure to violence in the community, lack of close contact with their children, high rate of suicide and depressions.

3.4 Gaps and Challenges The CRC by its very scope expects the states to promote the development and protection of the rights of the children in the context in which they live, not only through legislation but also in the social policy and provision of services. Some governments in South Asia have taken meaningful initiatives to promote child rights to education, health and sexual exploitation. But most of them tend to be tolerant and complacent about violence against children in their homes and families. While physical and psychological punishment in homes/families is yet to be recognized as child abuse by parents and the society, sexual abuse is still a taboo in the region. There is lack of awareness among the people in general of the long-term negative impact on physical and psychological abuse of children and resistance to state’s interference in personal matters. There is a denial among most people in South Asia that both girls and boys are being sexually abused within their homes. While physical punishment is visible, psychological punishment is difficult to identify and tackle. Isolation, threats, humiliation, taunting and name-calling often escape detection and so they are usually not recognized as child abuse.

70 71 72

It is a challenge to make the society and the government to recognise physical punishment, psychological and sexual abuse as a violation of the rights of the child and it is the government’s responsibility to protect children from violence within the homes. Ensuring children’s participation without undermining the stature and value of family is an equally serious challenge. There are significant loopholes in legislation that allow serious violations of children’s rights in homes and families. l There is no legal provision prohibiting physical/corporal and psychological punishment of children except in Nepal where recently by the order of the Supreme Court, any punishment has been prohibited. Legislation in most countries allows parents and guardians the right to use physical punishment if it is ‘reasonable’ or ‘moderate’, or if it is believed to be in the ‘best interest of the child’, or if it is done in good faith71 . None of the countries in the region prohibit physical punishment in homes. Indeed, laws in the region allow parents or guardians to “moderately” hit or beat children for ensuring discipline and obedience. For example, Section 89 of the Pakistan Penal Code gives the right to parents, teachers and other guardians to use corporal/physical punishment as a means of disciplining and correcting the behaviour of children below 12 years72 . They can be prosecuted only when the punishment is excessive and causes or could cause serious injury or death. l Except in Sri Lanka and Nepal, none of the South Asian countries have specific laws on incest. Even the Children’s Act 1992 in Nepal which mentions touching parts of a female body with sexual intent

Save the Children (2000) An Assessment of Interventions to Reduce Violence and Discrimination against Girls in South Asia The Penal Code 89 in Bangladesh, India and Pakistan, and the Children’s Act 1992 in Nepal. SPARC (2002) The State of Pakistan’s Children 2002, p.140

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l

l

as well as incest but provides for punishment only if the intent is rape or intent to rape. The Suppression of Violence against Women and Children Act 2000 in Bangladesh recently included less violent forms of sexual abuse, such as men touching sex organs of children, men violating the modesty of the woman or female child or makes obscene gesture to her to get his sexual gratification, but does not refer to incest73 . Laws throughout the region protect children from rape but they do not protect girls above certain age (15 years in the Indian context) from marital rape. The laws do not address marital rape or coerced sexual intercourse between husband and wife unless she is a minor (who may be below 14 to 16 years old). The lack of birth registration in the region cannot even establish the age of the minor child who is raped. Moreover, a girl above 12 years disclosing sexual assault or rape in Maldives and Pakistan if a child runs the risk of being found guilty of ziney / zina (sex outside marriage) if there are no witnesses and the offender denies the abuse. In such case, in Maldives under zina laws she may be subjected to 100 lashes as punishment. The Penal Codes in India, Bangladesh and Pakistan protect girl children from rape but the rape of boys do not fall under the purview of rape. Sections in the Penal Code that protect children against sodomy and oral sex are the only legal provisions that protect boys from sexual abuse. But this law does not refer to female perpetrators of sexual abuse.

Although the existing laws are usually not implemented and enforced due to various loopholes, lengthy legal procedures, corruption and the lack of political will, the absence of legal protection of children against violence within the family gives the 73

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Section 10

perpetrators the opportunity to violate children’s rights with impunity. There are also no child friendly mechanisms for children to lodge complaints against perpetrators of such violence. There is very little research on physical, psychological and sexual violence against children in the homes because the family is considered a sacrosanct institution. The available data and researches are also not very rigorous. As the available data on violence is usually not classified according to the location of the incidence, determining the magnitude of such violence within the homes is extremely difficult. The studies often do not unpack the types of violence, such as physical punishment, assault, rape, battering and murder, experienced by children but usually club them under the general heading of violence. In comparison with organizations engaged in awareness raising and advocacy, the number of organizations providing specialised support services for dealing with the trauma of violence and rehabilitation are limited. The interventions to counter violence against children are limited in scale and demonstrate reluctance to focus on the family. The staffs working on violence are often untrained. Coordination among the donors and national and the international NGOs is lacking as most of them compete for funds for education and health programmes but violence is usually not on their agenda. Indeed, many NGOs and civil society organizations are often reluctant to take up the issue.

3.5 Agenda for change In the national and regional level consultations and in their responses in field researches, girls and boys of the region have been spelling out their very own

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recommendations on how the various types of violence inflicted upon children could be curbed74 . These include:

l

Policy directions:

l

l

l

“All kinds of discrimination, including economic, social and gender based, must be eliminated.” (Save the Children Norway/CWIN, Nepal, 2003) “I have this message for the President of Pakistan, that disabled children should be protected. They have a right to life”. (Save the Children, 2002)

Strict enforcement of legislation: l

“Children should be protected from child sexual abuse by strict implementation of the law and severely punishing the offenders.” (Save the Children, 2002)

“Parents should take care, provide adequate love and affection to their children.” (GMC (Save the Children and UNICEF, 2001) “Educate adults on the issue of child sex abuse.”(Save the Children Norway/CWIN, Nepal 2003)

Counselling and other support services: l

l

“We feel an urgent need for health services and psychological support for child survivors of sex abuse.” (Save the Children Norway/CWIN Nepal, 2003) “Child survivors of sexual abuse should not only be treated as victims. They should be empowered and encouraged to live a dignified life.” (Save the Children Norway/CWIN Nepal, 2003).

Sensitisation and public awareness raising: l

“If the message that rape, trafficking and violence against children are illegal comes from the Prime Minister through television programmes, people will be afraid to do it”. (UNICEF, 2003)

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Save the Children South and Central Asia (2004) Voices of Children

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4

Violence Against Children in Schools 4.1 Regional overview The teacher-oriented schooling system significantly contributes to the vulnerability of children to violence in schools. In South Asia, the teaching method has traditionally been teacher-centred and children are the passive recipients of the information rather than active learners. Thus, teachers are allowed the right to punish their students who fail to listen and follow. Punishment in this context is considered to be an effective pedagogy for maintaining classroom discipline and enabling children to quietly and obediently listen to the teacher. The limited numbers of teachers, who are mostly poorly trained and paid, and increasingly undervalued, contribute to the violence in schools in South Asia. They lack knowledge of alternative teaching and discipline methods partly because budgetary constraints limit training opportunities.

Gender related violence specific to girls

Schools throughout the region with insufficient facilities and infrastructure could be becoming unsafe for children, especially girls. The schools without fence or border wall tempt strangers into entering the school premises without permission and violating children, as has been reported in Nepal75 . Increasing cases of abduction of children from schools has been reported from Nepal along with the increase of armed conflict76 . Children

75 76 77 78 79 80 81

are forcibly taken from schools in most of the cases for political indoctrination77 , but in a few cases for recruiting as child soldier, to work as cooks and porters, and sexual abuse78 . Practice of child marriage is rapidly increasing in the western part of Nepal to protect girls from being abducted and dishonoured79 . Similar situation might exist in other countries in conflict but reports to this effect are not available. However, there are reports from Bangladesh, Nepal, India, Pakistan, and Sri Lanka80 of girls being abducted and physically, sexually abused or forcibly involved in commercial sexual activities. However, information in connection to schools and educational environment is not available. Violence against girls is not restricted to the class-room or the school premises, their vulnerability increases when they have to walk long distances to and from school in rural areas. They are commonly subjected to ‘eve teasing’ (verbal harassment) by boys (India, Pakistan) and in more extreme cases are at risk of being abducted, kidnapped and trafficked (Nepal, India)81 . Some reports argue that in schools, boys receive harsher treatment and punishment than girls, for girls are considered to be physically weak and therefore more protected than boys. Other

Standing and Dhital (2004) The Impact of Conflict on Schooling in Nepal: Reflections from the Gender Experiences in Schools Project p.3 http://www.amnesty.org/library/Index/ ENGASA 310252000 etc. Children and adults abducted are given on lectures on Maoism and being taught Maoist songs and dances. Human Rights Watch (2005) World Report 2005 –Nepal p.3 Standing and Dhital (2004) The Impact of Conflict on Schooling in Nepal: Reflections from the Gender Experiences in Schools Project p.5 Responses to the questionnaire for UN Secretary General’s Study on Violence against Children by the Governments Action Aid International (2004) Stop Violence against Girls in School

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reports, on the other hand, assert that girls are more in danger of violence as they are valued less and often tend to be treated harshly82 , and are punished more than boys (Nepal). Given the widespread gender discrimination in families and communities throughout the region, girl children are likely to suffer from more sustained psychological abuse, if arguably less harsh physical violence, and are at greater risk of sexual abuse and violence. Many teachers regard the aggressive behaviour of male students as part of ‘growing up’ and ignore the violence they inflict upon other male students or the female students. Although there is not enough information about bullying by the older and stronger children, marginalized children on the basis of gender, disability, race, ethnicity, religion or sect and caste are selected as victims of psychological and physical violence of the bullies83 . Teachers are known to use students unofficially as labour in schools and sometimes in their homes.

Child sexual abuse

In depth research and sufficient information regarding the sexual abuse of children in the educational institutions is lacking. Like bullying, sexual abuse is a form of punishment being meted by teachers to the students, and by peers - mostly by male

"As my father could not go to pick up my sister from school one day, she had to come home alone. On the way home four boys touched her but she could not talk to her father about that. …But she told me and even I could not tell father." (A boy in Maldives from UNICEF Maldives (2003))

82 83 84 85 86

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pupils to the female pupils. Although the perpetrators are mostly male, female perpetrators are also known to exist. However, it is still a grey area that needs to be studied in depth in the region especially as children do not disclose being abused and violated until they are older. However, given the fact that the people who are close to children and trusted by them usually commit sexual abuse, its occurrence cannot be denied although the incidence can be debated. The records of sexual offences from some countries are not very informative since they are not disaggregated by location. For example, Bhutan reports a total 52 cases of sexual offence in 2002, 3 per cent of all the crimes84 . Similarly in India, 2000 girls below 16 years were raped according to the National Crime Records of 2001.85 However, in either case, it is not known how many of these offences took place in educational institutions. Nonetheless, the information recently obtained from some of the countries indicates that children of all ages face abuse in schools and its environment. Research in Nepal, conducted with 5,629 children aged from 8 to 15, reveals that 13.7 per cent of the children (13% of boys and 14.5% of girls) were sexually abused by fondling over or under clothes or kissing, and 14.6 per cent of them (12% of boys and 17.5% of girls) experienced this at school. In the same survey, out of 9 per cent of the children who experienced more serious sexual abuse, such as kissing of the sensitive parts of the body, oral sex and penetration, 17.5 per cent told that it took place at schools86 . In Maldives, the recent study on child sexual abuse in schools and families reveal several cases involving teachers who have sexually abused multiple

UNICEF (2001) ibid UNICEF and URC (2003) Violence against Children in Schools and Families in Maldives with focus on Sexual Abuse Royal Government of Bhutan (2003) Convention on the Elimination of All Forms of Discrimination of Against Women- Report of the Kingdom of Bhutan p.53 and P.68 Government of India (2001) Crime in India 2001 CWIN (2003) Silent Suffering-Child Sexual Abuse in the Kathmandu Valley Research Report

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child victims over an extended period of time87 . A similar study conducted in Pakistan88 in three districts of NWFP province, indicates isolated cases of sexual abuse by teachers, confirmed by both the teachers and the parents. Sexual and physical abuse in religious institutions (Pakistan) or by the teachers of the Quran (Maldives) has also been reported in recent years. In Pakistan89 , many poor parents who cannot afford fees in governmentrun schools send their children to the country’s 13,000 or so Islamic seminaries or madrassas, which provide free lodging and food besides religious education. In some cases they also provide intensive political and armed training. Investigations by the Human Rights Commission of Pakistan in 1994 showed that in some seminaries, children in groups of four or five were locked in iron chains to a heavy wooden block to prevent them from escaping. Several children were found to have been chained continuously for up to one year, with chains not being removed even at night. Cases of sexual abuse are also widespread in madrassas, but students do not disclose it or lodge complaints because of the fear of more severe torture. Recently, however, parents of two boys aged 13 and 14, have taken police in confidence to punish the teacher who sexually abused them. In Bangladesh, house tutors90 had sexually abused 32 per cent of 117 surveyed children. The same research also reported that girls were approached and threatened by boys who were their seniors in school, one of the few places girls meet boys outside their community91 . Sexual abuse in the university or college campuses has also been reported. In India, 13.5 per cent of female students experienced

87 88 89 90 91 92

-Zia is a five years old boy studying with 22 years old young male tutor at home. Zia told his mother that he would not study with that tutor any more since the tutor asked him to hold his penis…. Once his mother found everything just as Zia said, she threw the tutor out of the house. (Bangladesh from (Breaking the Silence (2003))

sexual harassment including rape, molestation and verbal harassment from male students and 4.8 per cent from university staff. Sri Lankan female students similarly reported humiliating ‘ragging’ that took a sexual form92 . Thus, the threat of sexual abuse that primary and secondary school students have been facing is very real but has not been fully acknowledged. Child pornography is also prevalent in South Asia and schools can be a place for contacting students both to watch pornography with and to entice them to work as models for pornography. Although more girls are prone to be used as models, boys are also targeted.

Physical and psychological punishment

Physical and psychological punishment in schools and educational environment is one of the most common forms of violence against children in South Asia. In child rearing, punishment is used and praised by adults as a method to socialize the children into the desired behaviour, in schools it is used as a means to create classroom discipline and a method to correct or control ‘bad behaviour’. Although methods of punishment may vary widely, spanking, beating children with canes, and standing

UNICEF Maldives (2004) Violence against Children in Schools and Families in Maldives with Focus on Sexual Abuse: A Qualitative Investigation Final Report p. 19-20 UNICEF and Save the Children (2004) Disciplining the Child: Practices and Impacts, Pakistan SPARC (2003) The State of Pakistan’s Children 2002 p.152 home teachers usually staying together with the family of student Breaking the Silence (2003) Case Studies of Non-Commercial Sexual Abuse of Children in Bangladesh p.17 Panos Institute (2003) Beyond Victims and Villains-Addressing sexual violence in the education sector p. 18

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them outside the classroom for many hours are commonly used forms of punishment by schools in the region. It is only recently, with the CRC, that countries have begun to recognize that these widely used punishments while significantly violating dignity of children, in many cases results in lasting physical and psychological damage. However, despite the Convention, corporal punishment is still widely used and defended by authorities and to a large extent accepted by both children and adults. According to a survey in Afghanistan93 , 82 per cent of the interviewed children reported being slapped, kicked and caned in their schools. Similarly, in Pakistan94 , corporal punishment is prevalent in 40.7 per cent of the government schools and 35.4 per cent of the private schools. Reports also indicate that punishment takes place not only in the formal education systems but also in the religious institutions such as madrassas in Bangladesh95 and Pakistan96 and monasteries in Bhutan97 , and private tutoring classes, in its most severe forms. In some cases, as reported in Nepal, while more corporal punishment is inflicted in private schools, verbal humiliation is practiced more in public schools98 . At the secondary level,

"How I can expect that teachers should not beat my children when I myself beat my children at home" (a Nepali woman from CVICT (2004))

"Teachers have a full right to give corporal punishment to the students" (A Pakistani teacher from NGOs Coalition (2001))

teachers tend to use psychological punishment more than physical. Students regard psychological punishment to be more humiliating and painful than physical punishment especially when they receive it in front of their fellow students99 . The long lasting effect of this type of punishment is observable in the records of mental hospitals, as was seen in Nepal with 27 students being admitted in 2000 and 12 students in 2001100 . In short, there is still not enough information available regarding the different forms of violence in the educational institutions in South Asia. There is a dire need to disaggregate the data on violence for gender, settings, cause and consequence of violence.

4.2 International and national responses All the eight South Asian states have ratified the CRC, which prohibits torture or other cruel, inhuman or degrading treatment or punishment of children in Article 37 and the rights of children in education and school settings in Article 28. Except for Afghanistan, other countries are members of the SAARC and have collectively committed themselves to addressing gender-based inequality. SAARC had announced 19912000 to be the ‘Decade of the Girl Child’ with universal access to basic education for girls as one of the major goals. The South Asia Girl Child Symposium held in 2001 in Pakistan reviewed the different interventions initiated to protect girls against gender based discrimination and abuse and concluded that still much needs to be done and further collective action taken by

Save the Children (2003) Mini Survey on Corporal Punishment in Afghanistan NGOs Coalition on Child Rights-Pakistan (2001) Violence against children within the Family and in Schools submitted to the Committee on the Rights of the Child p. 11 95 UNICEF ROSA (2001) Corporal Punishment in Schools in South Asia p.11-12 96 SPARC (2000) Child Rights in Pakistan p.147 97 UNICEF ROSA (2001) Corporal Punishment in Schools in South Asia p.11-12 98 CVICT (2004) A Study of The System of School Discipline in Nepal p.44 99 Ibid 100 Report submitted by United School, Nepal for the Committee on the Rights of the Child on 28 September 2001 93 94

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government, legislators and other stakeholders has to be undertaken. Following the ratification of CRC, governments in South Asia have taken initiatives at the regional and to a certain degree at country level to address gender based discrimination and violence in schools. The national laws, provisions and ordinances were revised or introduced to protect children against violence. While conforming with the relevant provisions of CRC and CEDAW to a certain degree, they do not specifically and directly address the different forms of violence children face in schools. In cases of violence against children in schools, the offence can be booked as per the existing laws. However, the laws in any of the South Asian countries do not adequately address gender-based discrimination, sexual harassment, molestation and bullying encountered by children in schools. In all the eight countries, various domestic laws such as the constitutions, penal code and Children’s Act strictly prohibit serious physical assaults resulting in severe injury to children. But other articles of the same laws and other laws allow parents and teachers the right to use ‘reasonable’ and ‘moderate’ physical and psychological punishment for correcting the bad behaviour of children101 . Physical punishment is widely accepted as a right of father and elders in the Shariah, which is given preference over the state laws in Afghanistan and the tribal areas of Pakistan, the local trials (Bichar in Bangladesh) and customary laws (Mulki Ain in Nepal) that are prevalent in communities. Although punishment by parents that may harm the child mentally or physically is prohibited in Maldives, punishment in schools is not.

However, three of the provinces in Pakistan, viz. NWFP, Sindh and Punjab have prohibited corporal punishment. The provincial educational departments regularly issue notifications to schools prohibiting the use of punishment. In 2004, Punjab government showed its commitment by punishing three teachers for corporal punishment. Also in India, several states like Tamil Nadu and Andhra Pradesh have amended Education Rules to prohibit punishment in schools. All the countries have relatively strict laws on rape but the applicable conditions and penalties vary and the provisions may not necessarily be in conformity with the CRC. In some countries, such as India, there is severe punishment for the assaults committed by management or authorities of children. While the penalty for sexual abuse has been amended to 10-20 years in 1998 in Sri Lanka, the penalty for rape is just Rs 5,000 or one year imprisonment in Nepal. Furthermore, the girl children in Pakistan and Maldives who have reached puberty could be accused and convicted of adultery in the case of rape102 . Children and families are therefore reluctant to disclose the abuse. An important factor for the enforcement of existing legislation is the need for children and their families to report the offence to the authorities but it is not readily done due to a feeling of shame, the fear of stigma and a lack of trust in the system. The weakness of law enforcement systems contributes to underreporting of the physical and psychological punishments by teachers to the education administration. Even if the cases are reported, very rarely are the teachers or offenders punished by the legal sanctions. Lack of awareness of the legal officers, teachers, parents and children

101 It should be noted that, it is only ten countries in the world where all forms of corporal punishment have been outlawed. 102 Hudood Ordinance in Pakistan deems the child to be legally an adult upon reaching puberty and discriminates against girls by asking for a male witness or confession by the offender. Under the ‘ziney’ law in Maldives, which runs parallel to the law on the protection of the rights of the child, the girl child may be found guilty of adultery.

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towards punishment contributes significantly to the low rates of reporting. Either parents prefer to keep silent or, in worse cases, support the punishment believing it to be important for correcting their child’s behaviour. In many cases, children themselves accept punishment as the norm for classroom discipline and tend to blame themselves. Efforts currently being made are essentially preventive and aim at making schools safer for children by raising awareness of the students, parents and community seeking their active support.

4.3 Interventions and good practices As violence against children in schools is just about beginning to draw attention, there is not much as yet in terms of interventions and good practices. Governments in several countries have established bodies addressing and monitoring child protection and rights issues, some of them such as the NCPA in Sri Lanka and URC in Maldives are highlighting and campaigning for the elimination of violence against children in schools. These initiatives are positive developments but for them to become effective practices, more extensive quality work that translates into protection of children from violence, specifically in the school setting, is required. Some of the effective practices are a result of the initiatives of civil society organizations, especially NGOs and children’s organizations. These initiatives seek to prevent violence by raising awareness about children’s rights and programmes creating violence-free school environment and simultaneously provide support

and rehabilitation services to children who are victims of violence or are at risk. Advocacy and communication campaigns targeting parents, communities and others concerned highlight the adverse effects of violence against children in schools. Leaflets, posters and messages have been developed for this purpose. ‘Child-Friendly Schools’ approach aims at addressing school oriented causes of violence and improving the learning environment for children. It is now being promoted in Nepal, India, and Pakistan. Besides contributing to qualitative improvement in education and decreasing dropouts, it is also curbing the use of punishment by teachers. An initiative in Sri Lanka involves recruitment and training of school social workers to help students deal with problems adversely affecting the continuity of their studies. This programme also provides information about children’s rights among school children, teachers and parents103 . Children’s Parliament in India is a unique approach for peer education. School children come together, elect parliament members and discuss the issues, which concern them, including teachers’ attendance, sanitary and hygiene situation in schools and communities. This experience helps children develop self-esteem, a sense of responsibility and the ability to deal with the issues surrounding them, including violence at schools, more effectively. Children’s clubs, community surveillance system against trafficking and community based district protection systems (Nepal), the girl child project (Pakistan), Kishori Abhijan and BRAC adolescent peer organization network (Bangladesh) and the girl guides (Pakistan, Sri Lanka and Maldives) have been effective in promoting peer learning and facilitating prevention and protection of girls from sexual abuse and other forms of violence104 .

103 Save the Children (2004) Mapping Save the Children’s response to Violence Against Children in South Asia Region 104 Government of Pakistan and UNICEF ROSA (2001) South Asia Girl Child Symposium, Rawalpindi, Pakistan 23-26 July 2001

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The civil society initiatives to empower children at the community level have been quite successful, especially with girls. Children are provided knowledge about selfprotection and how they could address gender discrimination and exploitation, and encouraged to participate in family and community decision-making processes, especially in the areas affecting their lives. The participating girls become role models for their peers and community and change agents for the protection of other children. The need to bring on board the boys and their effective use of advocacy to bring about changes in the thinking of those in authority has also been acknowledged through the ‘Brothers Join Meena’ initiative in Balochistan, Pakistan. Although these initiatives do not directly result in the reduction of violence in schools, they build the potential of children and young people by empowering them with knowledge about violence and abuse and the means and ways of protecting themselves and their peers and challenging gender discrimination. Rehabilitation programmes have been initiated throughout the region to ensure support services and referral to children affected by violence. They include emergency helpline services (India, Pakistan), shelters, transit homes for sexually abused children, medical care, legal support, counselling, skill training and economic support through income generating activities. Although the quality and professionalism of the counselling services needs further improvement, the children’s desk established by the NCPA in Sri Lanka offers a good approach for counselling, care and legal support to the victim children as well as juvenile offenders.

4.4 Gaps and challenges Although awareness about violence against children in schools and its adverse effects on education is growing, some areas need attention.

Although most South Asian countries have ratified the international conventions pertaining to children and violence, they have not done a thorough review or revision of the national legislation and legal enforcement system to conform to the international standards. The law enforcement mechanisms have either not been established or are not fully effective. While some governments have taken strong initiatives to end violence at schools, other governments still have less focus on the issue. Sri Lanka and Maldives have identified protection of children from abuse within schools a major concern and have the NCPA and URC respectively as government institutions initiating capacity building of concerned officials and campaigns. The initiatives of other governments in eliminating violence need strengthening. Awareness among teachers, parents, communities and children themselves on the widespread violence in schools is insufficient. Schools are still considered as safe and sacred places and the violence occurring at schools are overlooked and not reported. The lack of national data collection and monitoring systems is a major shortcoming in understanding the dimension and level of the forms of violence inflicted upon children. Interventions that have proved effective in addressing violence are sporadic and need to be replicated and expanded. Thus, awareness raising, reporting systems, systematic monitoring and new, innovative and sustainable interventions require urgent attention.

4.5 Agenda for change Besides reviewing and amending national legislation to conform to the CRC and other international standards, mechanisms to make the schools safe learning environment for students need to be strengthened. This would require collaboration and cooperation among various ministries and departments

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dealing with education, social welfare, law and law enforcement. The ministries of education together with the concerned ministries and commissions for children’s rights should develop a clear policy against all types of violence occurring in schools and educational settings including punishment, verbal humiliation, sexual abuse, and gender discrimination. Each school should have a code of conduct for preventing any physical, psychological and sexual abuse. Strong political commitment is needed to address the issue of violence against children, gender inequality, and enforcement of disciplinary systems that punish teachers proved guilty of exploitation and abuse of children in schools. The teachers need to see that challenging gender discrimination and equal treatment of girls and boys, and use of alternative methods of discipline is one of their core responsibilities. These focus areas would be served well by ensuring increased budgetary allocation to education and improving the quality of human resources through pre and in-service training of teachers. Children’s groups, clubs, Girl Guides and other girl child initiatives have developed fairly effective practices that enhance the level of

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awareness and the capacity to combat punishment, sexual abuse and other violence among children. Promotion and replication of these practices needs to be complemented with adult support groups involving parents, teachers, school administrators, and communities. The importance of involving boys and men as partners, along with girls and women, in changing attitudes for increased gender equality has already been demonstrated and needs to be followed-up and strengthened. Donors, international organizations and NGOs in collaboration with governments need to share experiences and good practices for combating violence against children. Civil society organizations, including the NGOs have demonstrated the effectiveness of smallscale practices that could be expanded by government for wider impact and sustainability. Regular monitoring at local level by community, children’s groups and district officials needs to be conducted and the data fed into both district and national level system, which could help identify the dimension and trends of violence against children in schools.

5

Violence Against Children in Institutions 5.1 Regional overview In theory, institutions are established for providing children with opportunities to protection and development. In practice, they are known to be places where violence is perpetrated against children. The gap between theory and practice is because South Asian societies broadly accept, and occasionally approve violence against children. The level of tolerance for such violence seems to increase, greater the child’s vulnerability and marginalisation. It is possible that the acceptance comes from the refusal of societies to accept children who do not fit within their moral paradigm. This is evident from the South Asian proclivity for removing children from the streets and locking them in institutions, often under procedures such as vagrancy laws, which criminalise poverty and homelessness. Violence against children is reportedly widespread in various institutions, including: (i) police stations and security force facilities where children might be detained, (ii) remand centres for children awaiting criminal charges or trial, or are undergoing trial, and penal institutions in which children are serving court ordered custodial sentences, and (iii) residential homes for vulnerable children (i.e. orphaned, abandoned, and destitute).105 It is a reflection of the violence that takes place in the wider society. While governments in South Asia, as governments elsewhere, deny or

underestimate the frequent failure of societies to protect their most vulnerable members, the acknowledgement is even harder when the abusers are agents of the state, such as security forces, which are invested with national status, extraordinary powers, and considerable immunity from prosecution. There is mismatch between the view of most South Asian governments on violence in their institutions, or institutions operating under their supervision, and the reports of independent bodies. The most recent CRC Article 44 reports from South Asian governments are extremely positive on the efforts to protect children from violence, yet the evidence is that these measures are not implemented or have been ineffectively implemented. South Asian governments do not document violence against children in their custody or

Children… are arbitrarily detained, tortured, and ill-treated by police and other state authorities in lock-ups, prisons, and army camps throughout South Asia. Far from giving them special protection, their status as children makes them especially vulnerable to abuse. The majority come from extremely poor families or have had to fend for themselves, outside family and social structures, from a very young age. Amnesty International, Children in South Asia: Securing Their Rights, p.10

105 As with any taxonomy, this one creates artificial divisions. The first is the separation of violence perpetuated by the police in the community from that committed in police posts. The second is the distinction between penal and non-penal residential institutions, although both are used to incarcerate non-criminal children. Finally, in some countries, in the absence of children’s homes, vulnerable children are often placed in religious institutions (i.e. madrassas, monasteries).

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care although some maintain data on residential institutions or on children in the criminal justice system. Of the seven recent reports submitted by South Asian governments under CRC’s Article 44106 , only Sri Lanka documented a case of violence against a child in police custody (Kumarasena vs. Sub-Inspector and Others). While this single case demonstrates the possibility of state action, many more cases are not pursued. Governments generally focus on the legislative and administrative protections afforded to children regardless of their effectiveness to definitively proclaim that “…child abuse and neglect is a rare phenomenon…”107 Not a single South Asian country has developed the recommended “…system of mandatory reporting for professional groups working with and for children…”108 If information and analysis on violence against children in a particular country is available it should be seen as evidence of a vigorous civil society rather than a proof of relatively more abuse. Bangladeshi, Indian and Pakistani NGOs are very active in documenting violence against children. There is no country in South Asia that can claim to protect the children they hold in their custody or care from violence. l “Charges of torture are rarely brought against police officers even in cases where allegations of torture have been substantiated.”109 (Bangladesh) l “Children in residential institutions and at the juvenile rehabilitation centre have

l

l

l

l

l

experienced mild to severe corporal punishment.”; “Pre-trial treatment of children is not without physical violence from the police.”110 (Bhutan) “The increasing institutionalisation of (separated) children is occurring in a vacuum of policies on institutional care and protection, which is translated in a lack of monitoring and supervision. The result is considerable violations of children’s rights.”111 (Nepal) “Indian police routinely employ torture techniques (against children) in police stations, lock-ups, detention centres throughout the country.”112 An investigation in Gujarat, India reported “…shockingly savage and barbarous treatment meted out to juveniles by the law enforcement agencies of the state.”113 “…children detained in Pakistan routinely suffer torture and ill-treatment, including sexual abuse, being beaten, hung upside down, whipped with a rubber strap or specially-designed leather slipper, or held in leg irons.”114 Multiple reported cases of torture, rape and murder of women and girls in detention by Sri Lankan security forces. Most cases have not been investigated.115

Many South Asian constabularies use violence as a standard policing practice. In India “…police regularly torture children to obtain evidence and confessions.”116 In Pakistan, “torture is employed to obtain confessions or information about a case…”117

106 Reports were available for Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka but not for Afghanistan. 107 Royal Government of Bhutan (1999) Committee on the Rights of the Child. Consideration of Reports Submitted by State Parties Under Article 44 of the Convention, p. 20 108 UNICEF (2002) Implementation Handbook for the Convention on the Rights of the Child , p.259 109 Chowdhury, A. (2003) Violence against Girls in Bangladesh, p.15 110 Phatak, N. and Yonten, K. (2003) Assessment of the Protection Factors for the Vulnerable Children in Bhutan, p.38 111 Harper, A, Assessment of Separated Children in Nepal , p.21 112 Human Rights Watch (1999) Violence against and Exploitation of “Untouchable” Children, p.14 113 Amnesty International (1998) Children in South Asia: Securing Their Rights, p.13 114 Amnesty International (2000) Hidden Scandal, Secret Shame, p.56 115 Economic and Social Council (2001) Report of the Special Rapporteur on violence against women , p.31-35 116 Human Rights Watch (2001), Easy Targets: Violence Against Children Worldwide, p.8. 117 Human Rights Watch (1999), Prison Bound: The Denial of Juvenile Justice in Pakistan, p.4.

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In a study of Pakistani juvenile detainees, 68 per cent of the respondents claimed that they had been forced to admit their guilt.118 In Bangladesh, “violence within the police station is actually considered an information gathering process”.119 Like adult victims of institution-based violence, children are generally poor and marginalised, and can be tortured and abused with near impunity. Often they come from ethnicities, religions and castes, which face wider societal discrimination or are in conflict with the state. This is particularly evident in the use of vagrancy, preventative detention, public safety, and “uncontrollable children” laws to incarcerate street children and Dalit children, as well as the use of security legislation to detain without trial, children belonging to social groups in conflict with the state. Whether the role of the custody and care systems is to promote the well-being of vulnerable children or to remove them from society is uncertain. As children are victims of violence and sexual abuse in their communities across South Asia, it is not surprising that they are also victims in custody and care. When asked, South Asian children, in institutions, are consistent in their descriptions of the daily reality of violence. They are also consistent in their condemnation of such practices as damaging and unproductive.

Gender related violence specific to girls

A fine line demarcates gender related violence specific to girls and child sexual abuse. The existing data provides almost no information on girls who are incarcerated for criminal offences or are awaiting trial. Similarly, little data exists on the state of girls placed in non-penal residential homes. It is

118 119 120 121 122 123

possible that far fewer girls are in pre-trial detention, which constitutes the vast majority of incarcerated children worldwide. It is also possible that fewer institutions exist for girls alone and that depending upon the circumstances; they are lodged with boys in the case of orphans or with women in the case of criminal justice matters. In India and Nepal, trafficking survivors and women and girls found in brothels are often forced by the police and NGOs into “protective custody” in “locked” or secured institutions. These actions often have no legal basis and revictimise the survivors.

Child sexual abuse

Sexual abuse of children in both penal and non-penal institutions by security forces, staff members, and adult prisoners has been widely documented. Both boys and girls are abused, though a review of the literature seems to suggest that girls are most at risk in police and security force custody, while boys are at risk in remand centres, prisons and care facilities. The UN Special Rapporteur on violence against women has documented many cases of rape, sexual assault, torture, and murder of women and girls in detention in India and Sri Lanka.120 The UNCRC has also noted, with concern, the numerous accusations of sexual abuse of children by police officers in Pakistani custodial facilities.121 There are also reports of widespread sexual abuse of juveniles in detention.122 The rape of children in custody and care facilities by police officers and staff appears to be common in Bangladesh.123 Street children in Kathmandu frequently allege sexual abuse by police officers in police posts. As Nepal’s institutional care system is unlicensed and open to anyone who wishes to care for

NCCWD (2001) Situation Analysis of Juvenile in Jails, p.79. Odhikar (2002) Our Children in Jail, p.21. ESC (2001) Report of the Special Rapporteur on violence against women p. 12-15, 31-35 UNCRC (2003) Consideration of Reports Submitted by Pakistan Under Article 44 of the CRC , p. 8 Human Rights Watch (1999), Prison Bound: The Denial of Juvenile Justice in Pakistan, p. 4 Kabir, M. (2001) The Protection of Children from Violence, p. 8 and 71

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orphans and vulnerable children, it gives credence to the rumours that some children’s homes are managed by paedophiles.124

Physical and psychological punishment

Children in custody and care in South Asia are known to be slapped, beaten, flogged/ caned, physically restrained, humiliated, isolated, deprived of food and family visits. Countries across South Asia have a proclivity for placing children in institutions, whether they are police cells, borstals, or orphanages. In Nepal, many children are placed in orphanages despite having one or both parents alive, or possibilities for care in their extended families. Studies of juvenile detainees in South Asia indicate that the majority are eligible for bail and are neither a danger to the public nor a threat to public order. One study in Pakistan showed that half of all juvenile detainees, being held for trial, had been charged with offences to which bail applied.125 It has also been observed across the world that only a small proportion of the children in detention who are awaiting trial are ultimately convicted126 . This implies that large numbers of children who would be found innocent are being detained often for years in violent settings. Also, given that 90 to 95 per cent of juvenile remand cases are

Many children in South Asia suffer abuses when they are put in the care of institutions that are supposed to look after their needs… Even when abuses become widely known, the authorities appear unwilling to take decisive action… Amnesty International, Children in South Asia: Protecting Their Rights, p. 24.

for minor and petty offences, large numbers of children who are eligible for bail and diversion programmes are needlessly being incarcerated.127 The very low minimum ages of criminal responsibility in South Asia also increase the numbers of incarcerated children by enlarging the pool of people who can be charged with criminal offences. The lowest regional minimum age of criminal responsibility is Pakistan where, in the absence of legislation, it is theoretically the time of birth. Bhutan and Nepal share the highest minimum age at 10 years, still considerably below the UN’s recommended minimum of 13 years. Furthermore, the absence of sound birth registration systems enables police to justify detention of children by frequently claiming that they are older than the statutory minimum age.

5.2 International and national responses Most South Asian states are a party to a range of international legal instruments protecting the rights of children, particularly orphaned and vulnerable children and children in conflict with the law. These include the Convention on the Rights of the Child (CRC), which clearly forbids the use of all forms of physical and mental violence on children, including the torture of children held in custody. The CRC has since been complimented by a range of international rules and guidelines on the treatment of children in conflict with the law, including prohibition of violence against detainees and prisoners. They include: l Standard Minimum Rules for the Treatment of Prisoners (1977)

124 Interview with Alex Krueger, author of Assessment of Separated Children in Nepal 125 NCCWD (2001) Situation Analysis of Juvenile in Jails, p.79 126 While limited information on this exists, Prison Bound: The Denial of Juvenile Justice in Pakistan reported that in Punjab, Pakistan 91 per cent of juvenile prisoners were awaiting trial and that, based on conviction rates data, only 13 to 17 per cent would be found guilty. p.4 127 Meuwese, S.(2003) Kids Behind Bars , p.17

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l

l l l

Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) (1985) Standard Minimum Rules for NonCustodial Measures (Tokyo Rules) (1990) Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines) (1990) Rules for the Protection of Juveniles Deprived of their Liberty (1990)

In addition, national laws, policies and ordinances also provide protection to children in custody or care.128 Many South Asian countries have developed strong legislation and regulations. These include: India’s Juvenile Justice Act, Pakistan’s Juvenile Justice System Ordinance, and Sri Lanka’s National Child Protection Authority Act. Yet, South Asian juvenile justice systems fail in practice despite improved legal frameworks prohibiting violence against children in custody or care. Not only does such violence continue but also appears to be done with impunity. Children are often held illegally and arbitrarily in police custody for long periods. Thus, police continues to detain destitute children in India, many children remain in adult detention facilities in Nepal and children remain in custody awaiting trial for years in Pakistan. The police, who are either unfamiliar with the law or abuse their power deliberately, do not follow proper procedures. A 2001 order by the Nepal Supreme Court to cease handcuffing children in police custody is routinely ignored. Despite signing international conventions to the contrary, both Bangladesh and Sri Lanka sanction whipping and caning as punishment for juvenile offenders. Although whipping was banned in Pakistan in 1996, it continues as a punishment in prisons, and under Quranic and tribal laws. A study found that only one in seven detention centre superintendents in 128 129 130 131

Pakistan were aware of their CRC obligations to children in conflict with the law.129 Many countries lack the infrastructure to administer juvenile justice properly: special juvenile courts or remand boards meant to review and supervise the detention of children often fail to sit regularly; suitable accommodation for children as required by law is often virtually non-existent. Nepal’s Juvenile Benches, created in 2000, are yet to function properly. Despite the recommendations of the 1980 National Police Commission, there is no mandatory judicial review of cases of alleged rape, grievous injury or death in police custody in India. Little progress has been made on the directive of the High Court Division of the Supreme Court of Bangladesh to courts in 2003 to “…expedite or discharge cases brought against juveniles, bail juveniles, separate juveniles from adult prisoners, move juveniles to appropriate institutions, and include human rights activists as ‘non-official jail visitors’.”130 Welfare officials do not regularly visit police stations or jails to look after detained children, nor do police consistently inform welfare officials after arresting a child. Semi-annual inspections of Children’s Homes, as called for under Article 44 of the Nepal Children’s Act, do not happen or are perfunctory in nature. As Human Rights Watch points out “…even a well-drafted law is unlikely to achieve its objectives in the absence of a trained and accountable police force, adequately staffed probation departments, judges that are familiar with the applicable domestic law and international standards, and facilities that are designed for the guidance and care of juvenile offenders.”131 The exact level of violence against children in the care of the state or its agents remains

There are no agreed international standards on the institutional care of orphaned and vulnerable children NCCWD (2001) Situation Analysis of Juveniles in Jails, p.79 Forowicz, M. (2003) Rights of the Child in Bangladesh, p.6 Human Rights Watch (1999), Prison Bound: The Denial of Juvenile Justice, p.7

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unclear. No country keeps records on injury or death in detention or care, reporting requirements on disciplinary action are weak or non-existent, complaints procedures are compromised, the access of monitors can be restricted, and the prosecution of officials is rare. However, due to the diligence of nongovernmental organisations, an increasing number of cases are becoming public.

5.3 Interventions and good practices Not much attention was paid till recently to the condition of children in institutions. As it is an emerging area of policy interest, good practices are likely to accrue with experiences and passage of time. As of now, some attempts have been made to introduce checks within the systems governing children in institutions. The NCPA in Sri Lanka has been entrusted with adequate statutory power to supervise all religious and charitable institutions providing care to children, to monitor all organisations providing care to children, and to secure the safety and protection of children involved in criminal investigations and criminal proceedings. Sri Lanka has established children and women’s desks in most police stations and a national level bureau for the prevention of abuse of children, young persons and women within the police force. Nepal has also established a women’s police cell with a similar role recently. Nepal police has identified 20 police officers as Juvenile Justices Officers who will deal with cases of children in 10 districts which have been identified as the pilot districts to implement juvenile justice programme. Nepal through the Central Child Welfare Board (CCWB) has also established a licensing system to regulate and monitor institutional care systems for children (shelters, rehabilitation homes, orphanages, etc.). Similarly, CCWB in collaboration with UNICEF and ILO has

been working on developing Minimum Standards for Care of Children in Institutions. In India and Sri Lanka, anti-torture provisions of national constitutions to hold police officers and government officials liable for custodial violence against children have been used successfully although on a limited basis.132 The mechanism of Public Interest Litigation has been used by NGOs in India and Nepal with considerable success to ensure respect for children’s legal rights by the government officials. It has also been used to improve the conditions in children’s homes, by holding the home managers accountable for the quality of care and the use of public monies. Some efforts are being made to promote legal literacy that could empower organisations seeking to promote compliance to children’s rights. Child-line India Foundation has produced an excellent manual entitled ‘Child Rights and Law: A Guidebook for Legal Interventions’ which should be distributed throughout India, as well as adapted to the laws and processes of other South Asian countries.

5.4 Gaps and challenges A major challenge for governments will be to come to terms with the daily reality of violence against children in institutions, and their accountability for such human rights violations. An important first step would be more rigorous reporting on the challenges of implementing CRC Articles 19, 37, and 40. Such reporting should go beyond how the laws, policies and regulations work in theory, to an analysis of how they work in fact. Information from non-governmental organisations indicates that the practice of protecting children in detention and care from violence is severely lacking. Governments should also commit to gathering data on the numbers of children in remand, detention, and care, the legislative authority under which

132 Goonesekere, S. (1997) Realising the Human Rights of Adolescent Girls, p.6

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each child is held, the length of incarceration or stay, which institutions are detaining or caring for children, the licensing and inspection of such institutions, and acts of violence or neglect in institutions resulting in serious injury or death. Another major challenge for governments is the application of the existing laws, policies, and regulations for the protection of children from violence in institutions. There are weaknesses, omissions and contradictions in legislation and policy. For instance: laws do not clearly distinguish between delinquent and destitute children. They ban torture but penal regulations permit corporal punishment. Anti-terrorism and security laws allow for unlimited and secret detention and take precedent over child protection laws. Execution of adults for crimes committed while they are children is permitted and safeguards to ensure that children are not tried and punished like the adults are inadequate across the region. Licensing and operating regulations for Children’s Homes are weak or non-existent. Penal institution operating regulations are outdated and inconsistent with national laws and policies. Mandatory reporting requirements on violent incidents, including death, are limited. Nonetheless, while many of these legislative and administrative mechanisms could be improved, they are not so weak as to explain the failure to apply them. India and Sri Lanka have shown that anti-torture provisions in their respective constitutions could be used to prosecute violators. Public Interest Litigation in Nepal and India has shown that the existing laws could be used to force institutions into fulfilling their statutory mandates to protect and nurture children in their care. Certainly, governments serious about reducing the level of violence against children in institutions should seek to apply existing laws to prosecute and punish those who abuse children in the custody or care of the state or its agents. They must also expect a high standard of behaviour and

accountability among their officials to put an end to violence against children in institutions. There is a gap between the official rhetoric on children’s rights and the reality of government actions, which treat delinquent and destitute children as a social problem to be managed and warehoused through prisons and children’s homes. There is a lack of awareness among penal and non-penal caregivers of the rights of children, best practices in the management of penal and non-penal institutions for children, and the international and national laws and standards governing the care of children. This explains partly the ease with which children can be placed in institutions, and the tendency to develop large locked institutions at the expense of more appropriate and costeffective smaller open community-based foster-care facilities. Mobilization of financial and human remains a significant challenge for governments and their development partners. As of now, significant resource constraints hamper efforts at improving or creating new juvenile facilities, fulfilling staffing requirements and ensuring better trained staff, improving licensing and monitoring regimes and complaints and investigation procedures. Given the evidence on the violence and lack of care within institutions, placing children in such places is not being done for their own good. While the resources are available for walls, locks, and guards, they seem to be limited for the creation of facilities which will allow these children to develop and eventually re-enter society as responsible and productive citizens. Thus, inadequate food, crowding, poor hygiene and sanitation, and limited medical, educational, training and recreational services are perennial features of institutional custody and care. Lack of facilities often forces police to place children with adults, and adults and older child prisoners and children’s home residents are

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made responsible for the supervision (including disciplining) of younger children. There is shortage of professional staff, especially female, which is trained in the care and needs of children in various institutions. While low remuneration exacerbates the shortage of trained staff, inadequate staff supervision and a lack of independent and transparent investigation procedures prevents accountability. Adequate complaint procedures and mechanisms for independent inspection are generally lacking. Where they do exist, ensuring that the inspectors visit facilities and meet with children and staff is problematic. The participation of children in the governance of their institutions is negligible.

5.5 Agenda for change To overcome violence against children in institutions, a first step must be the admission that it is being perpetrated against children in the government’s care, despite the existence of the CRC, other international commitments, and national laws. Concrete steps to monitor the problem, achieve compliance with international standards, enforcement of existing laws, and from large orphanages and homes towards smaller community-based, foster care models could reduce the risk of violence by placing children in communities, where they can be observed prosecution of perpetrators must follow.133 Keeping children out of institutions could protect them from violence in institutions. This means removing children charged with bailable offences from remand centres. The minimum age of criminal responsibility could be raised to the international standard of 13 years. Diversion programmes or probation and community sentences could be better alternatives to institutionalization. In the case of both penal and

non-penal institutions, opportunities to develop small community-based open custody facilities for incarcerated children and small communitybased foster care programmes for orphans and vulnerable children could be explored. Similarly, efforts to move from large orphanages and homes towards smaller community-based, foster care models could reduce the risk of violence by placing children in communities, where they can be observed. Various organizations, including Human Rights Watch,134 have identified lessons from their experiences that could significantly reduce the level of violence perpetrated against children in institutions. l An independent commission or body vested with full authority to conduct unannounced visits to institutions and to order sanctions for violations of children’s rights, should be appointed. National policing units dedicated to the protection of women and children, either as victims of crimes or involved in the criminal justice system need to be developed. l Governments must state publicly that torture or ill treatment of children by state officials would result in criminal prosecution. Statements extracted under torture must not be admissible as evidence and no child must be held in secret detention. l The practices and procedures regarding children in detention should conform to relevant international and national laws, with international law as the standard to be pursued. The use of vagrancy laws, preventive detention, and provisions pertaining to ‘protective custody’ and ‘uncontrollable children’ should be disallowed. Physical restraints, corporal punishment and solitary confinement of children must be prohibited. Judicial inquiries for serious injuries and deaths in detention or care must be made mandatory.

133 An important aid in improved CRC reporting, and hopefully increased introspection on the challenges of protecting children from violence in institutions, is UNICEF’s Implementation Handbook for the Convention on the Rights of the Child. Fully Revised Edition (2002). 134 Human Rights Watch (2001) Easy Targets: Violence Against Children Worldwide, p. 39

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l

All facilities charged with the care of children, whether governmental or nongovernmental (including religious institutions), should be licensed, regulated and supervised. No one convicted of an offence against children should be associated with the care of children. Furthermore, they must be staffed with or have referral networks to medical, social work, legal, and teaching personnel. Juvenile offenders must have access to probation officers. The positions of youth officers and youth worker within constabularies and custodial institutions need to be developed. The post holders must be evaluated and monitored for personal suitability for this demanding and difficult work. Adequate compensation is needed to keep qualified staff. Appropriate measures to protect children from rape and sexual abuse by staff and other detainees or prisoners must be taken. These could include separation of girls from boys, children from adults and children awaiting trial from those already convicted. Child offenders should also be kept apart based upon age and seriousness of the offence. Girl detainees and prisoners should be supervised by women police officers and guards, which may require recruitment and training of more female staff. The culture of institutions charged with the incarceration or care of children must be reformed through continuous awareness building on children’s rights and greater supervision and monitoring. The staffs of remand centres, prisons and children’s homes must be made more accountable by strict application of the existing laws, policies and regulations if violence against children in their care is to end. They must be trained in handling and treating children and in the basic human rights to which children are entitled. Simultaneously, effective and confidential complaints

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procedures for children and their families need to be established. Complaints must be investigated by an independent outside authority and staff who violate the rights of children under CRC Articles 19, 37, and 40 and applicable national laws need to be prosecuted. Children in institutions must be made aware of their rights, including information on complaints and appeals processes and accessing independent human rights monitoring bodies. Children could be allowed to participate, as appropriate, in the governance of institutions in which they are incarcerated or where they reside. As orphans, street children, and children in custody have difficulties accessing the legal system and claiming their rights, third-party means to ensure their protection need to be developed. Investments need to be made in the institutions for the incarceration and/or care of children. They require facilities, programmes and staff capacities for protecting children from violence and enhancing opportunities to help them evolve into responsible and productive citizens. To enable monitoring and planning, databases on incarcerated children and children living in care, including pre-trial and sentencing data, disaggregated by the sex and age of children must be maintained. The knowledge base and capacities of NGOs and community-based organisations to protect children from violence by state officials and their agents and to hold the state accountable for the well-being of children in their custody and care need to be strengthened. The development and dissemination of manuals on children’s rights and the law, with specific instructions on the legal interventions required to deal with, for example, torture by police, sexual abuse in children’s homes by staff, death in custody, arrest of a child, could be invaluable.

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Violence Against Children in Communities 6.1 Regional overview Traditional systems and practices reflecting ways of life, norms of care and behaviour based on age, stages of life, gender, religion and social class have helped perpetuate community cohesion, social order and stability and transmission of values to subsequent generations135 . At the same time, the multi-types of communities often provide mechanisms for perpetuating communal and sectarian violence among the groups, especially targeting the weak and marginalised. Besides providing community members identity and social networks, social systems and norms also highlight power relations and hierarchy and gender, caste, religious and ethnic differences leading to discrimination, exclusion and violence. Violence between different communities based on religion, ethnicity, caste and social and economic status has caused millions of children to suffer. Violence is triggered not so much by the incident or remark itself but the memories it revives of things that have happened in the past, and long-held grudges are activated. Communal violence, often described as a ritual or a ‘pact of violence between social groups’ keeps the community boundaries in place but at times the ritual turns from symbolism into organised violence with political and social objectives. The renewed revival of Hindu and Muslim fundamentalism and religion-based politics in the region has led to a steady increase in communal riots and violence against minority

communities. Sometimes, the governments are accused of instigating such violence and the law-enforcing agencies of failing to protect and in some cases colluding with the attackers. The large scale riots following the destruction of Babri mosque in Ayodhya in India 1992 also spilled into the neighbouring Bangladesh where some Muslim fundamentalist groups committed violence against Hindu minorities. The anti-Sikh riots and the famous riots in Gujarat in 2002 caused deep insecurity and resentment among the minority religious groups. Similarly some Islamic organisations seem to be engaged in militant activities and suicide attacks, which are collectively dubbed as Islamic terror networks. Sectarian Violence in Bangladesh and Pakistan has increased over the past few years. Extremist Islamic groups in Pakistan have mounted a terror campaign against women, secular advocates, and even Muslims - Ahmadiyas, dissenting Sunni Muslims and Shia Muslims. Feudal and patriarchal communities with strong socio-economic, class and castebased divisions concentrate power among some classes who use it to perpetuate violence against children and their families belonging to lower income, social or caste groups. Vast inequities and human rights problems plague South Asia. Dalits, the lowest caste in the Hindu hierarchy are oppressed and denied their basic human rights and dignity and considered less than human by many communities in India and

135 For instance, the extent of initial public support for the Taliban movement can be explained by the fact that the movement is structured around co-opted elements of Islam and traditional Pashtun culture which people have already internalized.

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Nepal despite laws to the contrary.136 Failure to follow the social norms set by the upper caste in their communities could expose them to violence and abuse. There are many reports where children were publicly humiliated, paraded naked, beaten and raped with impunity by upper-caste Hindus seeking to keep them in their place. The police, village councils, and government officials often support the caste system and many crimes go unreported due to fear of reprisal, intimidation by police, inability to pay bribes demanded by police or simply the belief that the police will do nothing. The ethnic divide between the Sinhalese and Tamils in Sri Lanka and between the Chakmas in the Chittagong Hill Tracts with the armed forces hailing from the plains in Bangladesh have caused full-scale communal violence. In almost all South Asian countries, there are cases of tribal people being steadily evicted from their lands by wealthy farmers and businessmen, and many of them were subjected to violence, sexual and labour exploitation. Homogeneous communities too have strict norms and practices. While rural traditional communities value group solidarity based on conformity much more than individual interests to maintain cohesion, religious, ethnic and linguistic groups also favour adherence to traditions and cultural behaviour among their members. Any moral transgression could lead to punishment (sometimes extra-judicial) of an individual (especially females) by the community.137 With globalization, urbanisation and gradual breakdown of the traditional extended families there has been an increase in gang violence

in the urban centres of South Asia. The main victims and perpetrators of gang violence, almost everywhere, are themselves adolescents and young adults. Homicide and non-fatal assaults involving young people contribute greatly to the regional burden of premature death, injury and disability. In the past 10 years, there has been a proliferation of terrorist and criminal gangs and illicit firearms, weapons and explosive devices in the region. About 90 percent of those killed have been civilians and 80 per cent of them have been women and children138 . Peer influences during adolescence are generally considered positive and important in shaping interpersonal relationships, but they can also have negative effects. Having delinquent friends, for instance, is associated with violence in young people. The results of studies in many countries consistently find a correlation between violent behaviour and having friends who use drugs or are involved in armed gangs. The communities in which young people live are an important influence on their families, the nature of their peer groups, and the way they are exposed to potentially violent situations. Girls and boys living in high crime neighbourhoods or slums are more likely to be involved in violent behaviour than those living in other neighbourhoods. A commonly held belief in the general population is that community violence only happens among gang members in low-income neighbourhoods and slums in urban areas. Indeed, those of lower socio-economic status, and those living in densely populated urban areas do appear to bear a disproportionately high burden of violence. Children of all ages are at risk of exposure to gang violence in communities.

136 Narula Smita (1999). Broken People: Caste Violence Against India’s Untouchables. Human Rights Watch. 137 Cases of stripping and parading have been reported frequently in many states throughout South Asia. During the Taliban regime in Afghanistan decreed that women and girls upon reaching puberty must cover themselves from head to toe and walk in public places only in the company of a male relative. Those who did not comply were whipped. People of the Ahmadiya community of Ambarnagar village in Noakhali district in Bangladesh passed through utter insecurity after a local Imam ostracized them by issuing a fatwa that they were non-Muslim. Ultimately, a court ruling in January 2004 declared all fatwas illegal. See http:// www.thedailystar.net/2004/03/12/d40312011717.htm 138 http://www.who.int/violence_injury_prevention/violence/global_campaign/en/chap6.pdf

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Researchers have found that an even higher number of urban children have been exposed to indirect community violence (e.g., they have witnessed stabbing, murder, physical assault or gang violence or know a victim). Gang affiliation appears to be a key risk factor, as is involvement in substance abuse and exposure to domestic violence. Alcohol abuse in some rural, tribal and urban communities is a particularly serious problem although reliable population-based data is not available. Binge drinking centred around pay-day or on special occasions, such as marriages and festivals is known to degenerate into quarrels and violence. A study on Violence against Girls in Ladakh found that alcohol was a major contributing factor to violence against women and children139 .

Gender related violence specific to girls Societies and the socialisation processes to a great extent determine the position of girls in the communities and their vulnerability to violence. They are expected to be submissive to parents, teachers and other elders in authority, which in many ways weakens their ability to fight back.

It is indeed difficult to draw a line between violence against children within homes and in communities. Both domains perpetuate violence through attitudes, beliefs and behaviour and complement each other. For instance, the premium on honour has contributed to practices such as honour killings of girls within families under pressure from community leaders and/or norms. Certain traditional practices, particularly in Pashtoon culture in Afghanistan and Pakistan (such as swara), gives away girl child to settle disputes between feuding tribes and clans. The laws of Qisas (retribution) and Diyat (blood money) practiced among the Pashtoons dictate that the victim’s family

“We are followed by the boys and they make rude remarks against us. We feel embarrassed and want to stay in our houses” - A 10-year-old girl in Lahore, Pakistan (Save the Children, Pakistan, 2002)

“I am afraid of walking to school. I am afraid of kidnappers and the boys tease the girls, but if I tell my parents then they will stop me going to school” - An 8-year-old girl in Peshawar, Pakistan (Save the Children, Pakistan, 2002)

“Because we are boys we are expected to protect our family honour. This involves us in fighting. But we don’t like it” - A 13-year-old boy in Peshawar, Pakistan (Save the Children, Pakistan, 2002)

may demand compensation from the wrongdoer, including the hand of a woman or a girl from the accused family (murderer’s family) in lieu of blood money140 . If a girl is not available immediately to complete the transaction then a pregnant woman of the groom’s family pledges to hand over her child after it is born. Honour killing, karo kari141 is common in Pakistan. The rate of honour killings in Swat district in Pakistan is among the highest in the world – 2.7 times higher than that of Jordan, which has a high incidence of this practice. Honour killing has already claimed more than 382 lives during 2002; girls as young as 3-10 years old were among those killed on the pretext of having illicit relations in Sindh province.142 There are instances of girls becoming pawns in the community’s display of its traditional

139 Save the Children UK India (2002) 140 Jabeen F. and Karkara R. (2005) Mapping of Save the Children’s Response to Violence against Children in South Asia. Save the Children South and Central Asia. 141 Kari is a term used for those having illicit relations. 142 UNFPA and AFFPD (2003) Violence against Women in South Asia: A Regional Analysis

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and religious beliefs and ending up marginalised, exploited and abused. In India, hundreds of young girls are consecrated every year as joginis, or servants of the local deity, in the states of Orissa, Andhra Pradesh, Karnataka and Tamil Nadu. This practice has its roots in the ‘devdasi’ system, where female servants of god performed ritual dances in temples as part of religious ceremony. They also provided lifetime services to the temple saint and were never married. In Nepal, Deuki, and Jhuma143 refer to the practices of offering a woman or a girl to a god under which she is expected to devote her whole life to the god. Some of these practices by design or default have degenerated into religious sexual exploitation. The Kumari system makes a very young girl the virgin goddess and leaves them with few options when she passes on the title to another girl after attaining puberty.

Child sexual abuse

There has been growing recognition of the phenomenon of sexual violence against children usually by a person known to the victim in the communities of South Asia.144 In Bangladesh in 2003 alone 435 children were raped and of these 62 were murdered thereafter. In Delhi in 2004, 525 cases of rape were reported and social workers revealed that rape of minors was rampant in the slums. In Pakistan according to reported cases in 2002,

“They raped me for six or seven hours. I did not report to police because I was afraid that the police would take me to prison where they could be bad things to me.” - A 15-year-old girl in Bangladesh (UNICEF, 2003)

340 were rapes, of these, 287 were sodomy. Amnesty International has documented several cases of rape by Sri Lankan security forces. The authorities in Sri Lanka took some initial action against alleged perpetrators but it is not clear whether or not they have been brought to justice on charges of rape. While boys are at greater risk of witnessing and experiencing various forms of community violence, such as physical assault, girls are at higher risk of community violence related sexual assault. Indeed, both war and rape are motivated by ideas of using power to subordinate. People involved in communal violence tend to use sexual violence such as rape and gang rape, burning adults and children alive, looting and destroying properties as weapons to attack upon the entire community and to instil terror. Violence against women and girls within the community is often characterised by attacks on the honour of women and, by association, their male relatives and communities by one group against another. In the last few years, there has been an increase in the reported cases of gang rape against girls from minority religious groups by the males from the dominant religious groups in the region. Armed boys or/and men with political affiliations and patronage have been accused of committing the increasing number of gang rapes in Bangladesh - 509 gang rapes were reported in 2002. This trend is particularly alarming because it is brutal and damaging to the victim but also shows that rape becoming an accepted activity in many male peer groups. They are able to discuss and plan gang rapes with their friends without feeling ashamed.145 In India, however, people in higher positions generally inflict gang rape upon girls from lower castes or tribes in an exercise of assertion and control.

143 Jhuma is practised in some Buddhist communities. 144 Source: Bangladesh Shishu Adhikar Forum 2003; Sunday Hindustan Times, New Delhi. February 20, 2005. SPARC (2003) The State of Pakistan’s Children 2002. 145 BNWLA (2002) Violence against Women in Bangladesh. In Bangladesh, 509 gang rapes were reported in 2002. This trend is particularly alarming because the attack is much more brutal and damaging to the victim and it shows that rape is an accepted activity in many male peer groups. They are able to discuss and plan gang rapes with their friends without feeling ashamed.

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Acid violence is a serious problem in Bangladesh and children are also becoming victims of this heinous crime. Nowhere in the world have acid attacks been used as a violence mechanism the way they have in Bangladesh146 . Acid is thrown at the face or body of the victim with deliberate intent to burn and disfigure the person for life. The majority of the victims were girls, many below the age of 18 years, who rejected sexual advances and marriage proposals. Today even the males are attacked with acid for revenge, land disputes, political enmity and other unknown reasons. The problem of trafficking and forced prostitution of children, especially girls, is widespread. Trafficking takes place in country as well as across borders in the region and quite often to the Middle East and the West. The traffickers either operate independently or in groups, sometimes linked to organized transnational criminal networks. Markets for sex and cheap labour and the growing sex tourism industry fuel the demand for trafficked children. Weak rule of law, porous borders and widespread official corruption provide the context that allows human traffickers to operate with impunity.

Physical and psychological punishment

Societal norms determine to a great extent how adults must behave and how children learn to behave147 . As individuals are socialised to accept and promote the norms and values by patriarchal societies and communities, authoritarian treatment of children is a normal feature of child rearing practices. Girls are socialized to be obedient and docile, while boys are expected to be strong and prepared to assume economic

responsibilities. Children speaking up against their elders are considered as a threat to the male’s authority, which carries the risk of the male ‘losing face’ before other male peers. While physical and psychological punishment of children is justified in the name of tradition, obedience and disciplining, violence within communities impacts on their physical, psychological and emotional well-being. Children who are exposed to communal violence commonly suffer from psychological trauma. They may become depressed, angry, distrustful and fearful, and feel alienated and betrayed. Adolescents who are chronically exposed to community violence in particular do not feel they have a future and believe that they will not reach adulthood. Impaired self-esteem and body image, learning difficulties, and risk taking behaviours such as running away, drug or alcohol use, suicide attempts, and inappropriate sexual activities are also reactions to trauma. Indeed, studies have found post-traumatic symptoms and disorders even among infants and toddlers. The risk of developing psychological damage and trauma increases with the severity of exposure, the level of negative parental reactions to the exposure, and the child’s physical proximity to the community violence. Many scientific research studies have shown that witnessing and experiencing violence causes children to become violent and abusive in their adulthood. The child receives the unintended message that physical, psychological and sexual violence is acceptable and that it is all right for a stronger person to use force to coerce a weaker one. In this way, a cycle of violence is perpetuated in the family and in society. Boys

146 In 2001 alone, 66 reported cases of acid-affected children were recorded from nine daily newspapers. In 2003, about 57 cases of acid-affected children were reported in the media. Source: Save the Children UK and Odhikar (2001), Our Children in Jail. Yearbook on the State of Juvenile Justice and Violence against Children in Bangladesh, p.10 and Habibunnessa (2003). Violence against Children: Prepared from data based on news clippings compiled by Services Plus and Bangladesh Shishu Odhikar Forum 147 Poffenberger. T. (2003) Child Rearing and Social Structure in Rural India. Towards Cross-Cultural Definition of Child Abuse and Neglect. Butterflies, New Delhi.

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are encouraged to use violence as a means to end conflict and handle stress, and conversely, girls are encouraged to accept and internalize the consequences of violence. Societal attitudes and peer pressure also contribute to emotional and psychological violence against children in the region. In regional consultations, children from minority communities and subordinate castes have been heard expressing severe psychological abuse inflicted upon them by people belonging to the so-called higher castes including their peers on the basis of their caste and religion.

“They say, ‘your religion is wrong and full of stupid things and is false. Our religion is the only right religion” - A 16-year-old in Bangladesh (UNICEF Bangladesh, 2003)

“Because of my disability with my right hard, if takes me one hour to write what the other children can write in 20 minutes. My teacher never considers this disadvantage and she gives me the same time as my classmates for completing the exams”

- A 14-year-old student in Bangladesh (UNICEF, 2003)

“People look down on me. Most treat me like the dirt, just simply walking over me on the street” - A 12- year-old boy in Tashkent, Central Asia (with suspected deformity from birth).

“When I come out of my house the people point at me and say, “Why don’t you stay in, look at you! You cannot walk properly.” - A 12-year-old boy with physical disabilities in Lahore, Pakistan (Save the Children, Pakistan, 2002)

“I am disabled and I hate children tell me so” - A child of 8-10 age group in Herat, Afghanistan (Save the Children, Afghanistan 2003)

6.2 International and national responses At the 11th SAARC Summit regional leaders signed the Convention on Preventing and Combating Trafficking in Women and Children for prostitution and the Convention on Regional Arrangements for the Promotion of Welfare of Children. The adoption of these conventions is expected to be instrumental in checking trans-border trafficking and in improving the overall status of children in the region. The Trafficking Convention is expected to promote cooperation among member nations in dealing effectively with various aspects of prevention, induction, and control; in addition, the Convention is also aimed at repatriation repartition and rehabilitation, and preventing the involvement of women and children in international prostitution. The convention on the promotion of welfare of children has provisions such as cooperation among member nations to raise the socioeconomic condition of children. Institutional mechanisms set up by the governments in South Asia for monitoring, coordinating and promoting children’s rights in lesser or greater degree are expected to respond to instances of violence against women and children. The National Commission for Women in India, for instance, is a statutory body entrusted with the objective of checking incidents of violence against women and promoting social, legal and economic equality of women148 . A National Commission for Children with special mandate for children’s rights is in the process of being set up. A number of legislative measures have been devised in India to address the root and immediate causes of violence in communities. Despite the fact that untouchability was officially banned when

148 In addition to the NCW, several states of India have established State Women’s Commissions (there is no formal relationship between the state and national bodies). As of March 2001, there were reported to be State Women’s Commissions in 17 states

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India adopted its constitution in 1950, discrimination against Dalits remained so pervasive that in 1989 the government passed legislation known as the ‘Prevention of Atrocities Act’. This Act specifically made it illegal to parade people naked through the streets, force them to eat faeces, take away their land, foul their water, interfere with their right to vote and burn down their homes. Various government institutions promote policies and programmes aimed at curbing violence in communities. In Sri Lanka, the NCPA, Probation and Child Care Services, Human Rights Commission and the national and international NGOs conduct frequent awareness programmes on violence against children by way of workshops, consultative meetings, mass media campaigns using the electronic and print media. The National Commission for Child Welfare and Development (NCCWD) in Pakistan introduced a code of conduct in 2003 for media reporting on issues relating to children to safeguard the dignity and privacy of children involved in different cases and at risk of being exploited through inappropriate exposure. Several Indian states have devised special administrative measures as a means of ensuring implementation of legislative protections for women. Crime against Women Cells in police departments monitor and investigate cases of crime against women and now many states have established Mahila thanas (all-women police stations) to encourage women to lodge complaints without any fear and apprehension. The Indian government has supported the establishment and extension of the Childline Service, a 24-hour phone service for children in distress.

Special units in police stations investigate cases of violence against women and children and the Unit for the Rights of the Child (URC) provides counselling services for addressing the problem of gender-based violence in the Maldives. The URC provides a general counselling service for juvenile sex offenders, who undergo counselling at the recommendation of the police or through the order of the courts as part of their sentence. In Nepal, the government has established 20 women and children service centres (with 3 centres in the capital, 17 in the districts) to assist victims of abuse, exploitation and trafficking. The Community Based Child Protection Programme149 in Afghanistan seeks to create awareness on violence against children including physical punishment, trafficking, early marriage and other gender-based violence in their communities. Members of 30 girls and boys groups and their facilitators have organised CRC training for teachers and other community adults in their communities and have reportedly contributed positively to the prevention of child beating in schools, early marriages, trafficking in the programme area. The Community-based Child Protection Monitoring and Response Programme150 aims at enlisting people from the community in the monitoring, policing and interventions against violence within the community and to mediate resolution of conflicts. In Nepal, community based child protection programme generally known as paralegal programme seeks to create awareness on violence against children and women including physical punishment, trafficking, early marriage, child labour exploitation, and other gender-based violence in their communities. The programme also aims to raise the awareness

149 As part of this programme, Save the Children and other organisations provide support for development and actions of 30 Global Movement Children (GMC) children’s groups (girls and boys groups) in Mazar, Balkh and Dehdadi. 150 Save the Children Alliance has launched this programme besides piloting, refining and promoting the use of a child protection monitoring toolkit. UNICEF supports the training of master trainers for the Alliance as well as a number of other stakeholders. For details, see Jabeen F. and Karkara R. (2005) Mapping of the Save the Children’s Response to Violence against Children in South Asia. Save the Children South and Central Asia.

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on the rights of the child and women and existing laws. The governments in the region have policies and programmes aimed at addressing some of the causes of violence against children. Improving the situation of girl children is high on their agenda. By strengthening the family and communities, India seeks to provide for the protection, well-being and development of children. Special provisions for girls, especially adolescent, have been made in education, health and nutrition programmes. The government of Nepal has organised women’s empowerment programmes such as micro-credit income generating and selfemployment programs; co-operatives and cottage industries; non-formal and vocational education; skill development; and the setting up of funds for poverty alleviation.

6.3 Interventions and good practices There is no comprehensive programme to reduce violence against girls and boys. There are only a few isolated and fragmented community-level initiatives for preventing and addressing child abuse and neglect. They seek to raise awareness through campaigns and monitoring of violence against children within the communities. Many national and local NGOs in the region are working to counter violence against

children.151 They assist children and women who have been subjected to physical and sexual abuse and have been trafficked by providing psycho-social counselling, short term shelter, medical and legal aid. They also undertake sensitisation and training of police and caregivers, monitor situation of violence in the society and institutions, researches on child abuse, perceptions and experiences of children and adults and develop reading materials for schools of social work and child friendly materials on child sexual abuse. If need be and if appropriate, they also assist in the repatriation of trafficked children. An increasing number of these organizations seek to raise the level of social concern on child sexual abuse and to create an enabling environment for children to protect themselves through raising awareness and providing information about available services to children, parents, teachers, employers and other stakeholders. They organise campaigns, sensitisation sessions with men and youth in colleges and organisations, street theatre, and help produce radio and TV programmes to create awareness on violence against women and children.152 They conduct researches, produce information and advocacy materials, operate hotlines and offer psychological counselling to victims of abuse and trafficking. Most of them have recognised the importance of legal reform and child sensitive court procedures, media

151 Among the well-known NGOs are Ain-O-Salish Kendra, Bangladesh National Women Lawyers’ Association (BNWLA), INCIDIN, Naripokkho, Nari Maitree, Karmojibi Kalyan Sangstha (KKS), Bangladesh Shishu Adhikar Forum and CARE Bangladesh, Butterflies and Adithi in India, Maiti Nepal, Women’s Rehabilitation Centre (WOREC), the Centre for Victims of Torture (CVICT), Child Workers in Nepal Concerned Centre (CWIN), the Central Women Legal Aid Committee, Children-Women in Social Services and Human Rights (CWISH) in Nepal; Aurat Foundation, Rozan, Amal, Lawyers for Human Legal Rights and Legal Aid Awareness (LHRLA), Child Rights and Abuse Committee of Pakistan Paediatric Association and SPARC in Pakistan, Eradicating Sexual Child Abuse, Prostitution and Exploitation (ESCAPE) and the Lasallian Community Education Services (LCES) in Sri Lanka. Networks such as Action against Trafficking and Sexual Exploitation in Children (ATSEC) have members from different countries in the region 152 On Human Rights Day (10 December) 2003, Save the Children Alliance in Afghanistan launched the ‘Butterfly Campaign’ to promote further dialogue, awareness and action on child protection. The symbol of the butterfly was drawn from the Hadith Sharif (“Children are the Butterflies of Paradise’) and everyone is encouraged to wear a blue butterfly shaped ribbon as a symbol of their commitment to undertake concrete action to protect children. The Jagoron Pada Jatra, implemented by the Bangladesh government in association with NGOs, raises awareness among the people to combat violence and trafficking against children.

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advocacy, lobbying with law enforcement officials and building the capacity of groups vulnerable to cross-border trafficking. The governments in South Asia in collaboration with several NGOs provide life skills and reproductive knowledge based education to adolescent boys and girls, which include messages on protection from violence. Through peer education and participatory life skills based education, these programmes not only reach out to the adolescents but also their families and communities, and in due course their off springs. They have been effective in reducing early marriages, violence and drug abuse, increasing access to education and improving basic and reproductive health. While Sancharika Samuha in Nepal has begun mediating between the children’s and women’s movement and the mainstream media, the Safe Space for Girls153 project in the Ramghat Village Development Committee of Surkhet in Nepal highlights girls’ capacities and potential in creating a safer space for girls. Core groups of school-going and non-school-going girls are formed in each ward, the smallest administrative unit. Girls identify issues, plan, design, implement and assess the programme. They identify unsafe spaces and persons, such as schools, dubious teachers, market and fairs, and then negotiate with a variety of stakeholders to make girls safer. They organise protests in the village the moment there is any event unsafe for girls and facilitate community security committees in every ward to listen to the voices of sexually abused or exploited girls and to boost their morale.

The Lasallian Community Education Services (LCES)154 through its early childhood interventions pro-actively seeks to prevent the causes of child abuse and neglect by treating child participation as a developmental need from birth – an approach that lays the foundation for effective youth autonomy in later years. This approach demonstrates that reactive protection needs to be balanced with proactive prevention for an efficient and effective child-care system. Several initiatives like Sarvodaya in Sri Lanka focus on life skills, social skills and inter-personal relations that are critical for active participation and draw upon the spiritual and cultural resources of the community and the burgeoning talents of children and youth to advance social processes of individual and collective healing and re-awakening. Initiatives built around children’s participation and the use of films in countering violence against children is gaining favour in the region. Children’s organisations in South Asia have actively highlighted violence at the community level through public protests and lobbying.155 Children monitor the situation in the communities, organize meetings with parents, influential religious and community leaders and approach the employers and the local government officials to negotiate their working hours, food, and attitudes towards working and other children in their communities. These organisations have campaigned against early marriages, violence against girls and physical punishment of children in their areas.156

153 Save the Children News Flash: Save the Children South and Central Asia 154 LCES is an NGO working for multi faceted programs that serve the urban slum communities and rural poor communities in Sri Lanka. More information is available from http://www.clarendonfoundation.org/ proj_LasCommEduSrv.php 155 Prominent among children’s organizations are the Children’s Children’s Committees for Village Development (CCVD) in Ladakh in India, the Child Brigadeand Child Congress in Bangladesh 156 Girls’ groups in Dehdadi formed under the Child Protection Monitoring and Response Programme in Afghanistan are tackling the issue of early marriage by raising awareness amongst their own families and neighbours. They have already prevented early marriage of some of their members. Save the Children UK and Save the Children Sweden-Norway supports Child Protection Monitoring and Response Programme to address issues on violence and gender discrimination in Afghanistan.

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Making men as partners is a new approach to reduce violence against girls and boys in the community. Men are being encouraged to challenge other men to stop abusing women and the norms that encourage such violence. This requires support for men to become good role models to younger men and raising boys in a peaceful environment that fosters respect of females. A growing number of male professionals in South Asia now design and facilitate training events on gender inequality and issues of violence. Their programmes include anger management, coping skills, and stress-relief skills. ‘Let’s Talk Men’ is a series of films targeting adolescent boys and girls to promote the understanding of masculinity and its relation to gender inequity and violence against girls and women157 . The films (and accompanying workbooks) have been used in schools and in community projects to bring out issues of violence against girls and to present alternative role models and ways of behaving for boys. Through the film on ‘Children’s Voice against Violence against Girls and Boys’, Save the Children facilitated children’s meaningful and ethical participation in addressing violence affecting them158 . The film focuses on the effects of violence on children and highlights the importance of partnerships with governments and communities. An interesting initiative was the production of a video film on physical and degrading/humiliating punishments by children in Andhra Pradesh, India. They were trained and allowed creative freedom to showcase the gravity of the problem. To get different perspectives on the issue, they interviewed teachers, head masters, counsellors, parents, children and

NGO workers. The film is now being used as a tool in forums and meetings to initiate debates on the topic.159

6.4 Gaps and challenges There is an economic dimension to communal, sectarian and gang violence in South Asia because the unemployed and under-privileged segments of society became an easy constituency of those elements whose agenda requires social and political instability. The economic and social contradictions in the society contribute to the gravity of violence in the communities. Most leaders of sectarian, religious or other armed groups belong to upper or upper middle classes and they continue with sectarian politics so as to wield considerable authority and resources. Lack of community cohesion, break-up of extended families, low socio-economic and educational status, economic insecurity and poor housing conditions in crowded slums and settlements provide a breeding ground for violence in poor urban communities. Children bear the brunt of begging, prostitution, violence, abuse, drug abuse and vandalism, problems that are common in slums and lowincome neighbourhoods. Many of them are left to fend for themselves as one of or both the parents go away to work, which increases the risk of sexual abuse by people in the community of the law enforcing officials. The most positive aspect that protects children from violence is the support system that the extended families and neighbours provide for raising children. The extended family or other

157 Let’s Talk Men was a three- year film project on masculinities in South Asia. Local filmmakers in India, Nepal, Bangladesh and Pakistan made four documentary films exploring different aspects of male identity and providing a way to deconstruct patriarchy in their cultural contexts. Save the Children UK and Save the Children Sweden undertook this project in collaboration with UNICEF. 158 Save the Children brought together girls and boys (with diverse backgrounds) from South Asia who were involved in children’s media initiative and they took active part in developing a short film from existing films on ‘children and violence’ made by both adults and children. The children were responsible for the final decisions while editing this regional film on violence against children. 159 Bhandari, N. (2004). Working against Physical and Degrading/Humiliating Punishments of Girls and Boys, Experience from Andhra Pradesh and Orissa, Save the Children UK, South Zone

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community members are often a restraining influence when parental tempers get out of control and reduce the likelihood of frustration and aggression of the caregiver that lead to uncontrolled violence against children. Parents are less stressed because children have multiple caregivers and the opportunity to interact with different people even in times of crisis. Sexual abuse is prevalent in communities in South Asia but mostly denied or not disclosed. Non-violent forms of sexual abuse are also prevalent but there are not sufficient laws in the region to convict the culprits. Given the complexity of situation contributing to violence against children in communities, multiple and complementing approaches at different levels are required. Several NGOs currently work independently under the very broad banner of the CRC, which does not permit comprehensive policy making. Only pilot projects on empowerment and protection of rural adolescent girls are being implemented throughout the region but these would need to be scaled if these are to have a significant impact on the entire society.

6.5 Agenda for change In various consultations and in their responses in field researches, girls and boys of the region have been spelling out their very own recommendations on how the various types of violence inflicted upon children in the communities could be curbed. These include:

Policy directions:

“Eliminate all kinds of discrimination, including economic, social and gender discrimination” (Save the Children Norway/CWIN, Nepal, 2003) “I have this message for the President of Pakistan, that disabled children should be protected. They have a right to life”. (Save the Children, 2002)

Strict enforcement of legislation:

“I want my government to stop early marriages because they make me feel sad and they have deprived me of my freedom of choice and robbed me of my adolescence” (UNICEF 2003) “Children should be protected from child sexual abuse by strict implementation of the law and severely punishing the offenders” (Save the Children, 2002) “If parents collaborate with the law enforcement agents, traffickers can be identified and through the traffickers, it would be possible discover where all the missing children are kept. Moreover, the police have to monitor the situation of children in border areas. Parents do not know that it is dangerous to give their children away.” (UNICEF, 2003)

Education:

“Girls and Boys should be provided equal opportunities for education. Adequate protection for girls outside home and child marriages should be eradicated”. “Legislation to be more girl friendly” GMC (Save the Children & UNICEF, 2001)

Sensitisation and public awareness raising:

“Educate adults on the issue of child sexual abuse”(Save the Children Norway/ CWIN, Nepal 2003)

Counselling and other support services:

“We feel an urgent need for health services and psychological support for child survivors of sex abuse” (Save the Children Norway/CWIN Nepal, 2003) “Child survivors of sexual abuse should not only be treated as victims. They should be empowered and encouraged to live a dignified life” (Save the Children Norway/CWIN Nepal, 2003)

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7

Violence Against Children in Workplaces 7.1 Regional overview Children at workplaces are mostly located at the edges of the mainstream society because of their impoverishment and social marginalisation. These children suffer wage and labour exploitation, unspecified working conditions and are constantly at risk of losing their jobs, which makes them more vulnerable to, as per media reports, to sexual abuse, violence and criminalisation. The exact level of violence against children in workplaces is either not available or hidden but it is common knowledge that children in South Asia are often expected to work long hours, which keep them out of school, and subjected to gruelling conditions and health and other hazards. While physical punishment is quite common, employers or supervisors subject many of them to torture, forced labour, denial of food, psychological abuse, isolation, restraints and sexual assaults. While they experience pain and humiliation routinely, the media has been reporting severe injuries and loss of lives of children in workplaces. Various national and sub-national level consultations with girls and boys in South Asia, including the Yokohoma process and the National Plans of Action (NPAs), have shown that violence in workplace is a major concern that affects their lives.160 A review of the available data and information in the region illustrates that the value based system prevalent in the South Asian countries has to a large extent been responsible for minimizing and even

undermining the issue of violence against children in workplaces. Most countries have systematised the data on the number of cases of violence perpetrated against women and general workers in workplace but not on violence against children. The available information on violence against children is largely a compilation of cases, largely a result of the efforts of some NGOs or concerned citizens. While information on the child labour and violence at workplaces is insufficient or sketchy in Afghanistan, Bhutan and Maldives, considerable data is available elsewhere in South Asia. Furthermore, the national level NGOs in Nepal, Pakistan, India and Bangladesh have highlighted the issue of violence against children in workplaces and some have produced good documents and action plans. India has the dubious distinction of having the largest number of working children in the world. Estimates on the magnitude of child labour vary from approximately 11.28 million (Census of India, 1991) to 23.2 million estimated by the ILO. About 74.4 million children who are neither enrolled in schools nor accountable for in the labour force are all potential child labour. Most of these children start working from a very tender age as their parents do not have proper employment and miss out on education and sometimes recreation as well. Growing unemployment has resulted in high incidence of child labour. Although substantive data is lacking, most of

160 www.ilo.org

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these children are also subjected to violence and sexual exploitation161 . In Pakistan, a large number of children working in the garment and carpet industries are subjected to various forms of sexual abuse especially in the outlying provinces. In Afghanistan, Sri Lanka and lately Nepal, children are being forcibly conscripted into combat. It is reported that more than a quarter of the rebels in Sri Lanka comprise of child soldiers. There is widespread sexual abuse of child soldiers. In Nepal there is large mass of child workers working in the numerous carpet and garment industries. There is also a wide prevalence of rag pickers, child domestics and general street children in the townships. A sizable number of these children, including girls, are subject to sexual harassment and even abuse17. In Bhutan, the number of child workers in the informal sector enterprises is growing, many of them are exploited and abused physically, verbally and sexually by virtue of their age and occupation. As there are no groups advocating their rights, they are virtually unrepresented. Given their impoverished backgrounds and the threat of unemployment, the child workers have no option but to suffer the indignities thrust upon them.162 In Maldives, a study by UNICEF in collaboration with the Ministry of Education in November 2004 found that child sexual abuse is a major problem facing children and youth in various settings, including at the workplace.

Gender related violence specific to girls Girl children up to the age of 6 years are vulnerable to physical and sexual abuse and

bondage while those in the 6-11 years age group are prone to emotional trauma, forced labour and working in hazardous conditions. Girls in the 12-18 years age group, apart from facing violence are also at greater risk of sexual exploitation as they work as girl domestics and workers in factories and the informal sector.163 While adolescent boys continue to work in the informal sector in Bangladesh, there has been a dramatic increase in the employment of adolescent girls in the garment industry. These children suffer wage and labour exploitation, unspecified working conditions and are constantly at risk of losing their jobs, which makes them more vulnerable to, as per media reports, sexual abuse, violence and criminalisation.164 In India, girl children work mainly in the unorganized sector and the agricultural sector. They are either underpaid or work in conditions similar to bondage while experiencing physical abuse to sexual exploitation. The conflict in the last two decades has rendered many girl children orphans and destitute in Afghanistan.165 Many of them still eke out their living in the refugee camp of Pakistan, where they are subjected to or are at risk of various forms of violence including commercial sexual exploitation. Similarly a large number of girl children are engaged in domestic labour. There have been several unsubstantiated instances of girls working as waitresses and shop assistants in Bhutan being subjected to verbal and sexual harassment and molestation by their customers and severe chastisement and physical punishment by

161 National Labour Institute India. 162 Phatak, N. and Kunzang, Y. (2003) Assessment of the Protection Factors for the Vulnerable Children in Bhutan. 163 UNICEF ROSA (2003) Mapping of Advocacy and Capacity Building Materials Addressing Issues of Violence, Abuse and Exploitation of Children in South Asia 164 Kabir, M. (2001) The State of Violence against Children in Bangladesh. Law Watch, Dhaka, 2001 165 Jabeen, F. and Karkara, R. (2004) Mapping Save the Children’s Response to Violence Against Children in South Asia Region.

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their parents when they are unable to sell all their products.166 Many girls in Nepal work in the carpet and garment industries and are subjected to violence, including sexual harassment and abuse. With growing urbanization and conflict in the districts a large number of internally displaced girls and women are employed as waitresses in ‘cabin restaurants’ where most of them are subject to violence and sexual intimidation not only from their clients but also from their owners and the local police. A study conducted in 2001 in Nepal reveals that approximately 12,000 girls are being trafficked for prostitution annually.167 In Pakistan girls and women are generally not found working in the workplaces as compared to some of its neighbouring countries. In fact many girls in the informal sector quit their jobs after reaching puberty. Therefore violence against girl children in workplaces is not on an institutionalized scale as it is in Nepal and India. However there are growing cases of girl children being exploited in the carpet factories and even the brick kilns. In Sri Lanka the general awareness level relating to violence against children and particularly girl child is relatively higher than the other South Asian countries with the exception of Maldives. This could explain the low level of reported violence against girl children in workplaces. However there is evidence of increasing rape and incest particularly of girls from families where the mother has migrated to the Middle East for employment. Similar to Sri Lanka, the level of violence against girl children in Maldives is not a cause of serious concern. However with growing urbanization and economic stimulation of the economy, more and more girl children are resorting to work primarily to supplement family income.

In many instances especially in Nepal and Bangladesh, girls are sent to work while their brothers and kins are sent to school. Though this may not have a direct bearing on violence perpetrated against girl children, it nevertheless heightens their mental anguish and may impact on their psychological upbringing.

Child sexual abuse

At workplace, girls are prone to sexual harassment and abuse, and sometimes trafficking for sexual exploitation. Families try to conceal the matter as the prospects of marriage of sexually abused girls are significantly reduced. Many of them do not even file complaints of sexual abuse and rape to save the abused child from the further trauma of medical examination and interrogation during the trial. A large number of girls are forced into sexual slavery in the region. Of the 900,000 estimated sex workers in India, 30 per cent were estimated to be girls and reports suggest 8 to 10 per cent yearly increase in the number of children involved in commercial sexual exploitation.168 Although sexual harassment and abuse is popularly associated with girls, boys too are vulnerable to sexual abuse and exploitation at workplaces. Many children who live and work on the streets are exposed to high levels of drugs and sexual abuse and at considerable risk of contracting sexually transmitted diseases, including HIV/AIDS because of their early exposure to both heterosexual and homosexual sex169 . There are unsubstantiated reports of street children and domestic helps in Afghanistan being subjugated to sexual abuse because of the perception that sexual activity with virgin girls and boys rids one of sexually transmitted diseases.

166 Phatak, N. and Kunzang, Y. (2003) Assessment of the Protection Factors for the Vulnerable Children in Bhutan. UNICEF and the Royal Government of Bhutan, Thimpu. 167 Subedi, G. (2002) Trafficking and Sexual Abuse among Street Children in Kathmandu . ILO/IPEC 168 Amnesty International (1998) Children in South Asia: Securing their Rights. 169 Raasta Development Consultants, Child Protection Documentation, UNICEF: Islamabad, 2004

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Physical and psychological punishment

Physical and psychological abuse is widespread in the workplaces of children throughout South Asia, be it homes where they work as domestics, agricultural sector or the sweatshops. An estimated 15 million children in India work in conditions of servitude to help pay off debts incurred by their family170 . Most of them work in the agricultural sector while many are engaged in domestic servitude, production of silk, beedi (hand-rolled cigarettes), handwoven carpets, jewellery, leather and other products, and prostitution. During an investigation in late 1995 and early 1996, Human Rights Watch found that bonded child labourers were frequently punished for arriving late, working slowly, making a mistake in the work, talking to other workers, or even missing work because of illness171 . Media has frequently reported appalling cases of violence against children by their employers. The coalmines of Dhanbad in Bihar, India, the fishing industries of Sri Lanka, the carpet industries of Nepal, the garment industries of Bangladesh and the tanneries of Pakistan are notorious for physical and psychological exploitation of child labour. Albeit the number of child workers in the carpet industries has declined due to pressure from the donors, they continue to be employed in large numbers because their nimble fingers are prized in the

“We have no time for study and education, no time to play and rest, we are exposed to unsafe working conditions and we are not protected.” - Children’s Forum Against the Most Intolerable Forms of Child Labour, Bangkok, 1997

hand knotting processes. Instances of child abuses in the fishing industry in Sri Lanka have been reported, where children are grossly underpaid and overworked in extreme conditions. Almost all of about 70 children that Human Rights Watch spoke to during a 1998 investigation of the treatment of child domestic workers in Sri Lanka reported that they were punished by their employer for being naughty, careless and lax172 . The punishment ranged from deprivation of privileges, to smacking, and beatings with a cane or stick. Several children had been deliberately burnt. Some of the children had been badly injured during these punishment sessions and many had scars from beatings. In Bhutan physical abuse is widespread in the informal sector and in many instances physical abuse considered necessary for bringing children into a life of discipline. In addition to being beaten up at work, many children are physically and verbally abused by their guardians for not being able to sell the products sent out to be sold by the parents. Political parties especially in Pakistan, Bangladesh, India and Nepal reportedly use street children to throw bombs/bricks at the police, vehicular traffic and the processions of political opponents. Children are also used by criminal gangs for transporting arms, trafficking narcotics, collecting tolls and alms, snatching and pick pocketing.

7.2 International and national responses South Asian countries have ratified the Rights of the Child (CRC) and many of them have also signed the ILO convention 182 on the worst forms of child labour. Nevertheless, the

170 Human Rights Watch (2001) Easy Targets: Violence against Children Worldwide 171 Anti Slavery (2003) Program Consultation Meeting on the Protection of Domestic Workers Against the Threat of Forced Labour and Trafficking 172 Human Rights Watch (2001) Easy Targets: Violence against Children Worldwide

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governments in these countries have not been able to effectively implement their commitments. In most cases, the governments have been prodded into action at the instance of the donors and international agencies such as ILO, UNICEF and Save the Children and the local NGOs. Although national bodies entrusted with adequate executive authority have been set up in different countries, they are dedicated to the protection of children in all circumstances and not specifically to violence against children at workplaces. These include the child protection unit of the Afghanistan Independent Human Rights Commission (AIHRC) and the NCPA in Sri Lanka. National policing units dedicated to the protection of women and children are also being developed in different South Asian countries. While governments of Sri Lanka and India have established a cell to look after the cases of children in workplaces, the lack of enforcement is a perennial source of concern.

7.3 Interventions and good practices In different countries, governments have been collaborating with the NGOs in tackling problems associated with violence at workplaces. In Bangladesh, the government does not offer shelter to trafficking victims, but refers victims to NGOs such as the Bangladeshi Women Lawyers Association for shelter, medical care, and counselling. In Nepal, the government provides limited funding to local NGOs to provide assistance with rehabilitation, medical care, and legal services of children affected by violence in workplaces. Directly and through district-level task forces, the Ministry of Women, Children and Social Welfare (MoWCSW) coordinates NGO provision of victim rehabilitation and assistance.

Similarly in Pakistan, NGOs provide the majority of assistance and protection services for victims. The Prevention and Control of Human Trafficking Ordinance calls for the government to provide victims relief and access to medical care, shelter and food. There is an ever-increasing commitment from the civil society to the necessity of the enforcement of the international and national legislation by the governments. The creation of the SAARC Convention owes much to NGO action, expertise and lobbying. NGOs were involved in creating the convention’s first draft and continue to push for the signing, ratification and amendment of the convention. Where the civil society and the government can work effectively together, results are very encouraging and the outcome sustainable. What the civil society adds in terms of translation of ideas into reality, the government system can contribute by mainstreaming and scaling up the efforts. These complementary roles need to be recognized and promoted. Coordinated efforts among various civil society organizations and with the government can help address a number of issues for effectively working towards fulfilment of child rights. Programmes and schemes aimed at improving the quality of life of children can reach the unreached children as NGOs can help identify such missed out groups of children and families and resources could be better targeted to reach the vulnerable children. The NGOs, especially in India, Bangladesh, Pakistan and Nepal, have been monitoring and assessing the situation and making the governments accountable for the well-being and development of children in workplaces. In India, Nepal and Bangladesh, they have quite effectively used Public Interest Litigation to bring child labour issues to the attention of courts and have compelled the state into becoming more responsible for children’s rights.173 International NGOs such as

173 Human Rights Watch (2001) Easy Targets: Violence Against Children Worldwide, Human Rights Watch: New York, 2001

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Rugmark has lent a helping hand by monitoring child abuse cases in the factories in Nepal and Pakistan. They have even gone a further step by denying exporting rights to guilty offenders of the carpet factories, through a ‘child labour free’ certificate.

7.4 Gaps and challenges Millions of children work in South Asia, many in conditions that harm their well-being. The valuebased system of South Asia has indirectly promoted child labour. It is common to see children working side by side with their parents in the agricultural sector, carpet and garment industries. Although most continue to work in home-based agricultural activities, they are increasingly working in other sectors of the economy as well. Despite extensive advocacy, bonded child labour is still prevalent in the carpet industry in India, Nepal and Pakistan. Indeed, so many parents make their children work in exchange of a loan that this practice is often not recognized as a form of bonded labour. It is very important to educate the parents and the guardians of the children about the evil of child labour and the violence associated with it in the workplace, because the majority of the children working and prone to violence are those that have been sent by their parents to supplement household income. Although the role of various national and international agencies to reduce child labour in the informal workplaces is commendable, the agriculture sector especially in India, Pakistan, Bangladesh and Nepal, which employs millions of children, is virtually unmonitored unlike the manufacturing sector. Moreover, a downslide of South Asia’s recent economic boom is the growing dependence on children for labour. In their zeal to scale down operational costs and in some cases to improve quality (e.g. children are preferred for their slim and tender fingers in carpet weaving) more and more children are being employed in the sweatshops.

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The South Asian governments have expressed their commitment to the eradication of violence against children and have signed and ratified the CRC and ILO Convention 182. But the implementation of their commitments remains at best average. The governments of Afghanistan, Nepal and Sri Lanka have an alibi in the violent secessionist campaigns that have been the focus of state action. But counties like India, Bangladesh and Pakistan with relatively stable governments and bureaucracy also seem lukewarm about this growing challenge. Ironically, the NGOs and the donors in countries like India, Bangladesh, Sri Lanka and even Nepal seem more concerned than the governments. It is not possible to eliminate violence in the workplaces overnight but with proper all round education and awareness, violence against children can be significantly reduced, though this requires joint concerted action from all the stakeholders including the civil society.

7.5 Agenda for change Children’s rights should be incorporated as a policy issue in the Poverty Reduction Plan of the various countries in South Asia and labour and social policy should begin focusing on violence against children in the workplaces as well. Programmes that reach the families and children in the informal sector and aim at improving the socioeconomic condition of districts and areas where children in worst forms of labour are located or come from, should be designed. Governments must formulate appropriate child labour and related policies, legislation, regulatory mechanisms and national plans and ensure sufficient budgetary provisions and effective enforcement. The ILO Convention 182 needs to be implemented rigorously at the grassroots level.

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Programmed interventions must ensure that education for the potential child worker is relevant, easily accessible and affordable. Non-formal education has immense value in the rehabilitation process but it must allow and encourage transition to formal or vocational training for potential and present child workers. Special mechanisms for social protection of children, especially girls working in hidden sectors, are required. Indeed programmes specifically targeting girls need to be designed. Harmful traditional practices such as Deuki in Nepal and Devdasis in India, which foster child labour need to be eliminated through multi-pronged strategies of strict enforcement of legislation, prevention and rehabilitation. The deficiencies and contradictions in the child labour laws, rules and regulations need to be reviewed and suitably amended. The level of awareness of the key actors in the legislative system about the worst forms of child labour and violence against children in workplaces need to be increased and their capacities to address these issues should be strengthened. A supervisory system to ensure effective implementation of the law and sensitization of the judiciary, police and administrative units in charge of enforcement is needed throughout South Asia. More multi-disciplinary researches including various sub-groups and segments of society to explore various dimensions and outcomes of violence at workplaces in collaboration with various key stakeholders are required. The findings of the available researches and the new

ones in the future could help develop new precautionary and sensitivity raising strategies. Through new partnerships and new perspectives and approaches, strategic alliances nationally and internationally could be built towards addressing various dimensions of rights violations at workplaces. Awareness and public opinion against violation of laws needs to be mobilised especially within educational institutions, teachers’ associations, media, political establishment and religious institutions. If need be, judicial action should be undertaken. Employers’ organizations and the trade unions could formulate and enforce codes of conduct and issue national directives to all affiliates for an immediate ban on the worst forms of child labour. Besides acting as watchdog bodies and pressure groups for sound labour practices like the trade unions, NGOs too could undertake prevention and rehabilitation oriented direct action programmes for the elimination of the worst forms of child labour, which focus on awareness raising, training, income and asset generation. Employers’ organisations, trade unions and NGOs could help mobilize resources for a ‘Child Labour Elimination Fund’ and in implementation of the funded programmes. The donors must ensure effectiveness and synergy of programmes through regular consultations in thematic group meetings and by monitoring the implementation. A map of the ongoing child labour related projects that could help in the coordination and future programming is required.

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Conclusion Violence against children is just about beginning to draw attention of NGOs and governments in South Asia. While the reality of domestic violence has been acknowledged, the more comprehensive notion of physical, sexual and psychological violence is less understood and usually denied. NGOs and media have contributed to the growing awareness about the various dimensions of violence that takes place in various settings – homes and families, schools, institutions, workplaces and communities. Factors such as deeply embedded patriarchal and hierarchal traditions, the distinction between the public and private domain in people’s lives, cultural practices, aided by economic and political imperatives provide the context within which violence against children takes place in South Asia. There is a gender dimension as girls are prone to sexual abuse and exploitation. Nonetheless, boys too face abuse and exploitation, both physical and sexual. While the culture of silence and conservatism have hitherto kept the phenomenon of sexual abuse under wraps, physical punishment is so pervasive and widely contested that it is still considered a form of disciplining. The notion of psychological abuse has not been recognised sufficiently. In many instances, children’s rights are violated and they are subjected to violence of various kinds because societies and adults determine what is right for them. The responses of governments and other stakeholders need to be viewed against this backdrop. The governments in South Asia have ratified major international legal instruments pertaining to violence, especially against children and women. However, their commitment is still not reflected in their policy frameworks and legislation. They have national laws but they contain loopholes and

are very often implemented poorly. The situation is not helped by the fact that governments are usually reluctant to deal with matters in the private domain of family, religion and culture. The state institutions share societal perceptions and attitudes about childhood and gender and exercise power indiscriminately without sufficient checks and balances. Yet, the situation is not so bleak. As researches are revealing the incidence and intensity of violence against children and awareness levels are rising, governments and civil society institutions (especially the NGOs) in South Asia are responding in their own ways. Governments in several countries of South Asia have established bodies addressing and monitoring child protection and rights issues, such as the National Child Protection Authority (NCPA) in Sri Lanka, the Unit for the Rights of the Child (URC) in Maldives, the National Commission for Women and the newly formed National Commission for Children in India and the Afghan Independent Human Rights Commission in Afghanistan (AIHRC). They have the mandate to address some or more dimensions of violence against children, albeit a comprehensive policy and institutional framework dealing with prevention, redressal, justice and rehabilitation could be more effective. Governments prefer to address the popularly identified causes of violence through targeted development projects. While education, health and nutrition services targeting the poor and marginalised, and especially girls are indeed a good idea, the outcomes are essentially limited if the power dynamics within homes, families, institutions, workplaces and communities are not recognised and suitably addressed. Patriarchy, hierarchy, masculinity, control and

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lack of accountability are essential components of violence against children. As of now, sensitisation and training of government functionaries responsible for law enforcement and social welfare and awareness raising among the general public are the main strategies for addressing violence in the region. Without complementary strategies, nuanced approaches and support services, they are likely to yield limited results. Nonetheless, initiatives of governments and NGOs are resulting in experiences and lessons in effective practices that could be of immense value in curbing violence.

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While equitable social and economic development is imperative for dealing with the root causes of violence, challenging the notions of masculinity could be the basis of a preventive strategy. Affirmative action for children, girls and boys of different age groups in different settings could add value to social policy. Effective and child-friendly legislation, complaints procedures and systems for redressal and justice and support services in the event of violence are critical. So are checks and balances in the system of governance that allows proper representation. Greater participation of girls and boys in matters concerning them in various settings could be an empowering and sustainable approach.

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Government of Bangladesh (2003) Committee on the Rights of the Child. Consideration of Reports Submitted by State Parties Under Article 44 of the Convention. United Nations (CRC/C/65/Add.22, 14 March 2003) Government of Bangladesh (2003) Committee on the Rights of the Child. Consideration of Reports Submitted by State Parties Under Article 44 of the Convention. United Nations (CRC/C/15/Add.221, 27 October 2003) Government of Bangladesh (2004) United Nations Secretary-General’s Study on Violence against Children. Questionnaire to Governments. Government of Bhutan (1999) Committee on the Rights of the Child. Consideration of Reports Submitted by State Parties Under Article 44 of the Convention, United Nations: Thimphu (CRC/C/3/Add.60) Government of India (2004) United Nations Secretary-General’s Study on Violence against Children Questionnaire to Governments. Government of India (2003) Committee on the Rights of the Child. Consideration of Reports Submitted by State Parties Under Article 44 of the Convention. United Nations: New Delhi (CRC/C/93/Add.5) Government of Maldives (1996) Committee on the Rights of the Child. Consideration of Reports Submitted by State Parties Under Article 44 of the Convention. United Nations: Male (CRC/C/8/Add.33) Government of Pakistan (2004) United Nations Secretary-General’s Study on Violence against Children. Questionnaire to Governments. Government of Pakistan, Ordinance No. XXII of 2000. An ordinance to provide for protection of the rights of children involved in criminal litigation Government of the Maldives (1996) Committee on the Rights of the Child. Consideration of Reports Submitted by State Parties Under Article 44 of the Convention. United Nations (CRC/C8/Add 3.3, 5 August 1996) Government of Nepal (2004) Committee on the Rights of the Child. Consideration of Reports Submitted by State Parties Under Article 44 of the Convention. United Nations (CRC/ C/65/Add.30, 30 December 2004) Government of Sri Lanka (2002) Committee on the Rights of the Child. Consideration of Reports Submitted by State Parties Under Article 44 of the Convention. United Nations. (CRC/C/70/Add.17, 19 November 2002) Government of Sri Lanka (2004) United Nations Secretary-General’s Study on Violence against Children. Questionnaire to Governments Haq, M and Haq, K (1998) Human Development in South Asia 1998– The Education Challenge Human Rights Watch (1999) Prison Bound: The Denial of Juvenile Justice in Pakistan. Human Rights Watch: New York. Human Rights Watch (1999) Violence against and Exploitation of “Untouchable” Children, Human Rights Watch: New York. Human Rights Watch (2001) Easy Targets: Violence Against Children Worldwide. Human Rights Watch: New York. Human Rights Watch (2005) World Report 2005 –Nepal International Labour Organisation (2001) The National Stakeholder Consultation on the Timebound programme on the Worst Forms of Child Labour in Nepal, ILO: Kathmandu Jabeen F. and Karkara R. (2005) Save the Children’s Response to Violence against Children in South Asia. Save the Children South and Central Asia

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Juvenile Justice Network NWFP (2001) Give Children a Voice: Stop Locking Them Up. Save the Children Sweden. Kabir, M. (2001) The State of Violence against Children in Bangladesh. Law Watch: Dhaka. Kane O’Claire (1995) The Phenomenon of Child Abuse in India. Article published in My Name is Today, Vol. 3, No. 1 and 2 Jan-Jun 1995. Karim, Nilufer Ahmed et al. (1999) Human Rights Situation in the Vagrant Homes. Institutional Development of Human Rights in Bangladesh: Dhaka. Karki, M. and Bhandari, N. (2004) An analysis of the voices of Children in South and Central Asia On Violence against Children; In perspective of the UN Study on Violence against Children. Save the Children South and Central Asia KC, Bal Kumar (2002) Child Labour in the Nepalese Carpet Sector – A Rapid Assessment. FNCCI - ILO Nepal KC, Bal Kumar (2001) Situation of Child Porters: A Rapid Assessment, ILO: Kathmandu. Krueger, A. and Paudel, S. (2003) Assessment of Separated Children in Nepal. Save the Children: Kathmandu Labour and Human Resource Department, Government of the Punjab (2003) Occupational Health and Safety Risk Assessment of Child Labour in Coal Mines in Cherat and Choa Saidan Shah areas Center for the Improvement of Working Conditions and Environment, Lahore Meuwese, S. ed. (2003) Kids Behind Bars. Defence for Children International: Amsterdam Narula Smita (1999) Broken People: Caste Violence Against India’s Untouchables. Human Rights Watch National Commission for Child Welfare and Development (2001) Situation Analysis of Juveniles in Jails, Government of Pakistan: Islamabad National Child Protection Authority (2003) Corporal Punishment of Children –Is It Really Necessary? National Child Protection Authority (2003) National Child Protection Authority Report 2002-2003 National Statistical Bureau (2003) Statistical Yearbook of Bhutan 2003. Royal Government of Bhutan Odhikar (2002) Our Children in Jail Odhikar: Dhaka Panos Institute (2003) Beyond Victims and Villarins-Addressing Sexual Violence in the Education Sector Phatak, N. and Yonten, K. (2003) Assessment of the Protection Factors for the Vulnerable Children in Bhutan, UNICEF and the Royal Government of Bhutan: Thimphu Penal Reform International and Advocacy Forum (2004) Assessment Report: Juvenile Justice System in Nepal. UNICEF: Kathmandu Raasta Development Consultants (2004) Child Protection Documentation, UNICEF Pakistan: Islamabad Robinson, Paul H. (2004) Report on the Criminal Justice System of the Republic of the Maldives: Proposal for Reform, UNDP Maldives: Male Sancharika Samuha and UNIFEM (2002) Mother Sister Daughter SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia Save the Children South and Central Asia (2004) Physical and Psychological Punishment of Boys and Girls in South and Central Asia Save the Children (2001) Afghanistan’s Children Speak to the UN Special Session Save the Children (2002) Pakistan’s Most Vulnerable Children, Speak to the UN Special Session

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Save the Children (2003) Mini Survey on Corporal Punishment in Afghanistan Save the Children (2004) Mapping Save the Children’s Response to Violence against Children in South Asia Region Save the Children UK (2004) Agents of Change Sharma, S. (2001) Situation of Domestic Child Laborers in Kathmandu: A Rapid Assessment. ILO SPARC (2000) Child Rights in Pakistan SPARC(2003) The State of Pakistan’s Children 2002 Staehle, Mark (2002) Prevention and Elimination of the Worst Forms of Child Labor in the Informal Economy in Dhaka. The baseline survey for BGD/00/P01/NET. Standing and Dhital (2004) The Impact of Conflict on Schooling in Nepal: Reflections from the Gender Experiences in Schools Project Subedi, Govind (2002) Trafficking and Sexual Abuse among Street Children in Kathmandu. ILO/IPEC. March, 2002 The World of Work, The Magazine of the ILO – Issues 47, 52, 55 United Nations Children’s Fund (1997) Children and Violence. Innocenti Digest No.2. UNICEF: Florence. United Nations Children’s Fund (2002) Implementation Handbook for the Convention on the Rights of the Child. Fully Revised Edition, UNICEF: New York. United Nations Children’s Fund (2004) Education Update Volume 7 Issue 1, 2004 United Nations Children’s Fund Regional Office for South Asia (2001). A Reference Kit on Violence Against Women and Girls in South Asia United Nations Children’s Fund Regional Office for South Asia (2001). Corporal Punishment in Schools in South Asia United Nations Children’s Fund Regional Office for South Asia (2003). Mapping of Advocacy and Capacity Building Materials Addressing Issues of Violence, Abuse and Exploitation of Children in South Asia. UNICEF ROSA: Kathmandu. United Nations Children’s Fund Regional Office for South Asia (2003) Examples of Inclusive Education. United Nations Children’s Fund Regional Office for South Asia (2004) South Asia and the Minimum of Age of Criminal Responsibility: Raising the Standard of Protection for Children’s Rights (Preliminary Draft. UNICEF ROSA: Kathmandu. United Nations Children’s Fund and Government of the People’s Republic of Bangladesh Country Office (2004) National Plan of Action for Children 2004-2009 (Draft). UNICEF Bangladesh: Dhaka. UNICEF Bangladesh (2003) Give us voice—We know what we want. UNICEF Bhutan (2004) Assessment of the Protection Factors for the Vulnerable Children in Bhutan Sep-Dec 2003 UNICEF Maldives (2004), Children living in institutions. A report based upon information received from the Unit for the Rights of Children, Ministry of Gender, Family Development and Social Security, Ministry of Education, National Narcotics Control Bureau, Malé, Maldives,. UNICEF: Male. UNICEF Maldives (2004) Violence against Children in Schools and Families in Maldives with Focus on Sexual Abuse: A Qualitative Investigation Final Report UNICEF Pakistan (2004) Disciplining The Child Practices and Impacts

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UNFPA and AFPPD (2003) Violence against Women in South Asia: A Regional Analysis United Nations Committee on the Rights of the Child, Consideration of Reports Submitted by Pakistan Under Article 44 of the Convention, (United Nations: Islamabad, 2003). United Nations Committee on the Rights of the Child, State Violence Against Children, (United Nations: New York, 2000). Proceedings excerpted from CRC/C/97, 25th Session, 22 September 2000. United Nations General Assembly, Convention on the Rights of the Child. Resolution 44/25, (United Nations: New York, 1990).

United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines). General Assembly Resolution 45/112 of 14 December 1990. (United Nations General Assembly: New York, 1990). United Nations Standard Minimum Rules for Non-Custodial Measures (“The Tokyo Rules”). General Assembly Resolution 45/110 of 14 December 1990, (United Nations General Assembly: New York, 1990). United Nations Rules for the Protection of Juvenile Deprived of their Liberty. General Assembly Resolution 45/113 of 14 December 1990, (United Nations General Assembly: New York, 1990). United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The Beijing Rules”). General Assembly Resolution 40/33 of 29 November 1985, (United Nations General Assembly: New York, 1985). United Nations Standard Minimum Rules for the Treatment of Prisoners. Economic Social Council Resolution 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977, (Economic and Social Council: New York: 1957 and 1977). West, Andrew (2003) At the Margins: Street Children in Asia and the Pacific, Asian Development Bank: Manila. Westwater International Partnerships (2003) Children Deprived of Parental Care – Whose Responsibility? Report on National Assessment of Situation of Children Deprived of Parental Care in Institutions in Afghanistan. UNICEF and Ministry of Labour and Social Affairs: Kabul.

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Country Briefs

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Afghanistan

General Information of the Country1 Population (total) (under 18) (under 5) Religion

23.8 million 11.9 million 4.1 million Muslim 99%

Enrolment rate for primary school (net)

Girls: 15% Boys: 42%

Mortality Rate (under 1) (under 5)

165 257

GNP per capita

250$

HDI rank

NA

GDI rank

NA

Child Protection Indicators2 Child Labour (% of workingchildren aged 5-14)

Total: 26

Rural: 28

Urban: 22

Child Marriage(% of women who got married under 18)

Total: 43

Rural: NA

Urban: NA

Birth Registration (% of less than 5 years old children registered)

Total: 6

Rural: 4

Urban: 12

National Machinery National Focal Point

l

Ministry of Labour and Social Affairs

Key Ministry and Related Offices

l

Ministry of Labour and Social Affairs Ministry of Women’s Affairs Ministry of Interior, Child Trafficking Department Ministry of Justice Ministry of Youth Affairs Ministry of Foreign Affairs

l l l l l

Partner NGO and Private Sectors

Save the Children Sweden-Norway: working on corporal punishment at schools, CRC sensitization, sexual abuse etc. Save the Children UK: community based child protection program, early childhood development, sensitization of the rights of the child to police Save the Children US: developing training modules for teachers and health workers. Aschiana: providing shelter, basic education, health education and vocational training to street working children and reintegration support to demobilized child soldiers. SVF (Social Voluntary Foundation):establishing a clinic to provide counselling and therapy for, forming Child Rights Committees

1 2

From UNICEF (2005) The State of the World’s Children 2005 except the data for HDI and GDI from UNDP(2004) Human Development Report and Religion from http://atheism.about.com/library/irf/irf03/ blirf_afghanistan.htm (estimated) From MICS (2003)

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Children in Crisis: deinstitutionalization of children/ reintegration of children with living parents in orphanages Other organizations such as BRAC, AREA, CRS, Action Aid, Solidarite Afghan Belgium and International Organization for Migration are working for reintegration support to demobilized child soldiers, street/working children and migrant child labourers.

Legal Background for Violence Against Children International Laws

CRC Ratified on 28 March 1994 Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography 2002 Signed on 19 September 2002 Optional Protocol on the Involvement of Children in Armed Conflict supplementing the Convention on the Rights of the Child, 2002 Signed and ratified on 23 September 2003 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 1981 Ratified on 6 March 2003 ILO Convention 182-Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor1999 Not signed

Domestic Laws

1. Gender related Violence Specific to Girls (Early Marriage) Civil Law 1976 (Article 70, 71) The age set for marriage for boys is 18 years and for girls 16 years. Any marriage under the age of 15 is prohibited by law. There is a provision that the consent of the parents should be sought for stipulate any marriage under 16 years of either gender and not below 15 years. Shariah Law It defines 14 years of age for girls and 16 years for boys, as well as cited as the ages at which puberty is reached, menstruation for girls and the growth of facial hair for boys. (Trafficking) Penal Code (Article 420 and 421) It deals with the mostly inter-country abduction and kidnapping of children. It is not enough to protect children against the new threat of national and international organized crime involving intra and inter country sale of children under different pretexts such as marriage or promises of jobs for boys and girls.

2. Sexual Abuse (Rape) Penal Code (Articles 426-430) The code protects women and children against rape, sexual abuse and sexual exploitation. It categorically protects girls, persons not 18 years old and those

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women and girls who become pregnant due to violent acts. Where teachers, tutors and persons having sexually transmitted diseases are perpetrators of sexual abuse, they are liable to severe punishment. It is not mandatory for medical personnel and supervisors to report cases of sexual abuse that they encounter. There are no specific laws on incest since there is no legal acknowledgement that parents and siblings could be perpetrators of sexual abuse. (Child Pornography) Press Law 2002 (No. 81) It prohibits the publication of articles and photos which contravene traditional values and morals.

3. Physical and Psychological Punishment Penal Code (Article 407-412) It provides protection only from the excessive violence which causes severe injury such as beating and laceration. According to the interpretations of the Shariah, physical punishment is widely accepted as a right of the father. Customary law generally does not interfere with the disciplinary measures taken in the family. Afghanistan Constitution 2004 (Article 29) The Article 29 defines that no person, even with the intention of discovering the truth, can resort to torture or order the torture of another person who may be under prosecution, arrest, detention or convicted to be punished. Punishment contrary to human integrity is prohibited.

4. Other Violence (Child Labour) Labour Law 1999 (Article 15: Employment and Labour Contract) It states that in special situation the child who has completed the age of 14 can be appointed as a servant. If the child has completed the age of 13, the child can be admitted as a learner and can be assigned for work. Independent job cannot be delivered to the child. (Juvenile Justice) Penal Code It provides the protection of children under the age of 20 from death penalty and life imprisonment. Juvenile Code 2005 The code was adopted in February 2005. It provides measures and procedures applicable to children in conflict with the law, children at risk, and children in need of care and protection to safeguard their rights during investigation and trial. The minimum age on which children can be held criminally responsible is now 12 years instead of 7 years. Also it sets rules for speedingup the process of cases for children. From arrest to trial no child can be deprived of their liberty for more then two months. Before trial children shall be kept as much as possible with their families or guardians.

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Overview of Violence Against Children 1. Gender-related Violence Specific to Girls l

Early Marriage There is a flagrant violation of the law in many locations throughout Afghanistan. There is evidence that girls are given away for marriage at much younger ages than customary as dowries are families’ last resort to escape further indebtedness. Girls are married in exchange for a bride price of US $300-8003 . Early marriages are prevalent particularly in rural areas and among extremely vulnerable groups such as returning refugees and internally displaced people. It has been practiced as a coping strategy for families in drought areas.

l

Forced Marriage Some marriages are being arranged for girls for the purpose of family debt alleviation or to settle disputes between families and communities for centuries. To restore the family honour, girls have been traditionally victimized for marrying to another family where she is bestowed the lowest status in the family and exploited sexually and physically. There are cases that girls as young as 7 years old are married to settle the disputes among 2 families or 2 tribes.

2. Sexual Abuse l

Sexual Abuse Most of the case, it is found that the child is abused by somebody the child is acquainted with such as family, relatives, friends or teachers. It is often found that the victimized children cannot tell the incident and the experience gets traumatizing because of the close relationship. It is also reported that the child is also abused by the local commanders and armed groups. There are also a few cases of child sexual abuse while they are in the institutional care.

l

Child Prostitution There is no official record available, but many of the NGOs are concerned about the situation. There are some cases of forced prostitution reported. There are cases reported that girls are sold to brothels inside and outside the country once they marry.

3. Physical and Psychological Punishment

There is no official data available, but according to a survey conducted, 82 percent of the children interviewed reported that slapping, kicking and caning were the common forms of physical punishment used in their schools4 .

3 4

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IOM (2003) Trafficking in Persons: An Analysis of Afghanistan Save the Children (2003) Mini Survey on Corporal Punishment in Afghanistan

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4. Others

Prevention Strategy taken

5 6 7

l

Child Labour A survey of street/working children in Kabul in 2002 resulted in a head count of 37,284, with the estimated 60,000 total nation-wide. 80.7 % of those surveyed were boys, 38% of whom had never been to school, and a staggering high number of 36% were between 8-10 years and 54%, and 12-14 years indicating that the age at which children are sent to the streets to work is lowering. Only a third of the surveyed children attended school and 68.7 % worked more than 8 hours a day. About 90% of the widows of long conflict aged 20 to 40 have children and these children are assumed to be engaged in even hazardous work conditions. The child labour in south and east of the country is more pronounced where women are not encouraged to work by their male family members5 .

l

Bonded Child Labour The recent report on Child Trafficking in Afghanistan, “Incidence and Pattern of Child Trafficking in three regions in Afghanistan”6 indicates the incidence of child bonded labour.

l

Underage Soldiers It is estimated that 8,000 children were recruited as ‘underage soldiers’ by all armed groups. Positive steps were taken by the Government and the age of recruitment into the Afghan National Army is set as 22 years although some local militia not under the control of the government have children under the age.

l

Children Deprived of Parental Care/In Institutions There are more than 8,000 children living in State and private orphanages, whilst most of them have living parents. The recent national assessment7 indicated a marked level of fighting between children and also noted a high number of cases of beating children as a form of discipline by mothers and teachers.

l

Trafficking /Kidnappings 315 children (23 girls and 292 boys) aged 5-18 years old child labourers / trafficked children were deported from Kingdom of Saudi Arabia during October 2003 to May 2005. According to the Ministry of Interior, there were 202 reported cases of child kidnapping in Afghanistan during March 2004 to March 2005.

l

Child Rights Cell within Afghan Independent Human Rights Commission (AIHRC) AIHRC was formed on 6 June 2002 in accordance with the Bonn Peace Agreement for Afghanistan. Save the Children Sweden-Norway and UNICEF is

SPARC (2003) This research was conducted ALTAI (2004) and but not published yet Children deprived of parental care in Afghanistan-Whose responsibility? (August 2003)

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supporting the Child Rights Section of the Commission by providing technical and financial support for capacity building, training, publishing and printing of materials.

Good Practices and Interventions by NGOs

98

l

National Child Protection Action Networks (CPAN) CPAN was established in 2003 and coordinated by the Ministry of Labour and Social Affairs, incorporating government ministries, NGOs and UN humanitarian agencies to act and advocate on child rights issues. The CPAN functions both at the central and provincial levels. The central tenets of the CPAN are influencing pro child rights policy formulation by government, advocacy, information sharing and technical capacity building for organizations working with children.

l

National Plan of Action to combat child trafficking The Plan of Action is implemented through a committee to combat child trafficking which was established with a presidential decree in October 2003 under the responsibility of Ministry of Labour and Social Affairs. UNICEF serves as the secretariat for this committee.

l

The Plan of Action for the prevention of institutional placement of children It has been developed with the participation of all relevant stakeholders. The implementation of the Plan is underway and the major areas of focus are; 1) transformation of institutional care through family and community based care models, 2) professional capacity development in social welfare/child protection, 3) establishment of data collection, analysis and monitoring systems for children at risk, 4) financial and human resources requirements, including redistribution/ reallocation of resources from institutional forms of care to family support and community-based alternatives. The Plan of Action will also be used as an advocacy tool to raise awareness at the level of central and local authorities with responsibility for the welfare of children lacking protection of parents or family as to their plight and of the need for urgent reform to be introduced at policy and practice levels.

l

Reintegration Programme The Ministry of Labour and Social Affairs has been supporting for the child survivors of trafficking in collaboration with NGOs and UNICEF by providing the services of transit care, family tracing and reunification of child victims of trafficking. Reintegration programme supported over 15,500 child soldiers, orphans, trafficked children, and street/working and at-risk children.

l

Media Campaigns Ministries of Women’s Affairs, Labour and Social Affairs, Education, Health and AIHRC have supported awareness raising campaigns through various media including radio, TV, workshops on the adverse effects of early marriage on girls in collaboration with UN agencies and INGOs.

REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

Relevant Publications

l

Capacity Building of National Journalists on Child Rights UNCIEF in collaboration with the Ministry of Information conducted series of training for national journalists on child rights.

l

Complaints Procedures 8 Human Rights Units were established within police forces to receive complaints of violence. Investigation will be conducted within 24 hours and will be reported to the Chief Security Officer of each Province. The Ministry of Women Affairs also receives complaints and victims of violence may take refuge in the Ministry’s shelter. The Human Rights Violation, Monitoring and Investigation Department of AIHRC which has 8 regional offices and 3 provincial offices can also receive complaints.

l

Community Based Child Protection Program Children are involved in to Child to Child, Child to Adults awareness session on CRC training for teachers and other community adults. These groups have reportedly contributed positively to the prevention of child beating in schools, early marriages, trafficking in the programme area of north, northeast, east, and south part of the country.

l

Community Based Child Protection and Monitoring and Response Programme It is aimed to enlist people from the community in the monitoring and interventions against violence within the community and to mediate resolution of conflicts supported by Save the Children Alliance and UNICEF. Over 150 local child protection committees are established at the community level in the north, east and central parts of the country to monitor the abuse of child rights and take responses to deal with such abuses and violations.

l

Data Collection Since 2002, the Ministry of Interior maintains records on violations of child rights including the information on victims and perpetrators of child kidnappings. Ministry of Labour and Social Affairs established data bases on family tracing and reunification and reintegration and maintain it.

l

Capacity building of professionals working with children Training of 30,000 teachers on abuse and violence against children, 100 national and provincial master trainers on abuse and violence against children, training of 75,000 religious leaders on child rights and other training on basic social work, child trafficking, international standards and norms on juvenile administrations were conducted by UNICEF

AIHRC (2003) A study on the causes of crime committed by children and the judiciary procedures applied on children in conflict with law AIHRC (2003) Child right for different audience i.e. teachers, police, doctors, judiciary in Dari and Pashto languages

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AIHRC (2004) A study on the judiciary procedures applied on perpetrators of trafficking by Government of Afghanistan (2005) Response to the Questionnaire of the UN Secretary General’s Study on Violence against Children IOM (2003) Trafficking in Persons: An Analysis of Afghanistan Ministry of labour and Social Affairs (2002) Lost Chances Ministry of labour and Social Affairs (2003) Children of Kabul Ministry of labour and Social Affairs (2003) Children deprived of parental care in Afghanistan Ministry of labour and Social Affairs (2004) Child Trafficking in Afghanistan: incidence and pattern of child trafficking Ministry of labour and Social Affairs (2002) Lost and Found – the psychosocial needs and resources of Afghan youth in post conflict era Save the Children (2004) Mapping Save the Children’s Response to Violence Against Children in South Asia Region SPARC (2003) IV Children in Afghanistan in The State of Pakistan’s Children 2002 Terre des Hommes, ASCHIANA and Central Statistics Office (2002) Needs Assessment of Children working in the streets of Kabul UNICEF ROSA (2001) A Reference Kit on Violence Against Women and Girls in South Asia Relevant Web site

http://www.af/ (Homepage of Government of Afghanistan) http://www.unicef.org/emerg/afghanistan/ http://www.aihrc.org.af

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Bangladesh

General Information of the Country8 Population (total) (under 18) (under 5)

146.7 million 65.3 million 19.4 million

GNP per capita

$ 400

Religion

Muslim 90% Hindu 9% Others (Christian, Buddhist)

HDI rank

138

Enrolment rate for primary school (net)

Girls: 86% Boys: 88%

GDI rank

110

Mortality Rate (under 1) (under 5)

46 69

Child Protection Indicators9 Child Labour (% of workingchildren aged 5-14)

Total: 8

Male: 10

Female: 5

Child Marriage(% of women who got married under 18)

Total: 65

Rural: 70

Urban: 48

Birth Registration (% of less than 5 years old children registered)

Total: 7

Rural: 7

Urban: 9

National Machinery National Focal Point

l

National Children Council, Ministry of Women and Children Affairs (establishment of Directorate of Children Affairs is under consideration)

Key Ministry and Related Offices

l

Ministry of Women and Children Affairs (MoWCA) Ministry of Social Welfare

l

Partner NGO and Private Sectors

BNWLA (Bangladesh National Woman Lawyers’ Association): publishing statistical information on violence against girls and women, providing legal aid. Nari Maitree: providing protection for children of sex workers from brothel and street based sex workers. KKS (Karmojibi Kalyan Sangstha): operating safe home for daughters of sex workers and providing life skills training, sensitization etc. Save the Children Alliance: conducting child rights training and working against sexual abuse and exploiting of children

8 9

From UNICEF (2004) The State of the World’s Children 2005 except the data for HDI and GDI from UNDP (2004) Human Development Report and Religion from Government of Bangladesh (1991), Population Census From UNICEF (2004) The State of the World’s Children 2005

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Legal Background for Violence Against Children International Laws

CRC Signed on 26 January 1990 and ratified on 3 August 1990 with reservation on Article 14(1) on the right of the child to freedom of thought, conscience and religion and also Article 21 on Adoption Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography Signed and ratified on 6 September 2000 Optional Protocol on the Involvement of Children in Armed Conflict Signed and ratified on 6 September 2000 CEDAW Acceded on 6 November 1984 with reservation on Article 2 on condemnation of discrimination and commitment to the elimination by State partied, 13 (a) and 16 (l), (c) and (f) on equal marriage and its dissolution as they are conflict with the Shariah Law, but on 23 July 1997, the Government of Bangladesh withdrew the reservations relating to Article 13 (a) and 16 (l), (c) and (f). ILO Convention 182 Signed on 12th March 2001 SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution Signed on 5 January 2002 and ratified on 10 June 2002 SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia Signed on 5 January 2002 and ratified on 2 April 2002

Domestic Laws

1. Gender-related Violence Specific to Girls (Early Marriage) Child Marriage Restraint Act 1929 The Act provides 18 years as minimum for girls and 21 for boys but religious laws permit marriage at an earlier age. (Dowry) Dowry Prohibition Act 1980 It states that payment of demand for payment of dowry by any one is punishable with imprisonment for up to five years or a fine or both. The law was amended in 1983, 1995 and 2000 to provide for a sentence of death or life imprisonment and financial penalty to a husband or any of his relatives who causes or attempts to cause death or grievous injury to a wife on account of dowry. (Trafficking) Suppression of Violence against Women and Children Act 2000 (Amended in 2003) (Section 12) The law states that if anyone illegally imports, exports, buys or sells a child (below 14 years of age) or through these means keeps a child, or transfers a child to another place or person, then he or she is subject to death or life imprisonment. There is another provision for women (of any age) prohibiting trafficking but the punishment is lighter.

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Penal Code 1860 Amendment 366A and 366B in 2001 366A gives provisions which prohibit inducing a girl under 18 years of age to go from any place or to do any act with the intent that she will be forced to or seduced into having illicit intercourse. 366B prohibits imposing a girl below 21 years of age into Bangladesh with the intent that she will be forced or seduced into having illicit intercourse. These were added to support the International Convention for the Suppression of traffic in Women and Children to punish the export and import of girls for purposes of prostitution. There have been cases filed under these provisions but no convictions have resulted yet. Suppression of Immoral Traffic Act 1933 Although this Act is still in effect, it is not widely applied since many of its offences are addressed by the more recent and comprehensive above legislations. (Acid Violence) Acid Crimes Control Act 2002 and the Acid Control Act 2002 This law was passed in the Parliament with the Acid Control Act which is aimed to control the access to acid. The Prevention Act imposes very strict punishment including death penalty.

2. Child Sexual Abuse (Prostitution) Children Act 1974 and Children Rules 1976 The Act addresses a wide range of issues related to children including the prohibitions of allowing a child over 4 years of age to reside or frequently visit a brothel (Section 41) and encouraging the seduction or prostitution of a girl below 16 years of age (Section 42). (Sexual Abuse and Rape) Suppression of Immoral Traffic Act 1993 (Section 10) The Act defines that any person who detains any minor girls of under 18 years of age in any house or room or place where prostitution is carried out will be punished. It is also stated if a person abducts, forces or engages girls under 18 years for the purpose of commercial sexual use in that case he may be punished with imprisonment. The Act includes less violent forms of sexual abuse, such as men touching sex organs of children, men violating the modesty of the woman or female child or makes obscene gesture to her to get his sexual gratification. However, there is no clause for sexual abuse of boys by female adults and incest. (Rape) Penal Code 1860 (Section 375) It states that rape within marriage is not considered a crime unless the wife is less than 13 years of age. It also states that any man who has sexual intercourse with a female with or without her consent when she is below 14 years of age will be said to have committed rape.

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(Pornography) Penal Code 1860 (Section 292, 293 and 294) It prohibits the sale, rent distribution exhibition and/or circulation of materials that are obscene to any person, but in the case of to young person under 20 years of age, punishment will be twice as harsh.

3. Physical and Psychological Punishment Child Act 1974 It prohibits corporal punishment of children. Article 6 states notwithstanding anything contained in any law for the time being in force, no children shall be charged with or tried for any offence together with adult. Penal Code 1860 It protects children from torture, cruel violence which are defined as ‘criminal force’ and ‘assault’.

4. Other Violence (Child Labour) Employment of Children Act 1938 It prohibits children below 12 years from working in the places with hazardous conditions. Minimum Wages Act 1961 It prohibits employees from payment of juvenile (below 18 years) workers below the minimum rates fixed under the Act. It also provides for punishment for contravention. (Minimum Age of Criminal Responsibility) Penal Code 1860 Children have full criminal responsibility from the age of 12. Regarding children aged 9 to 11 years, there is a rebuttable presumption of capacity to infringe the criminal law, the relevant test being whether a child has “attained sufficient maturity of understanding to judge of the nature and consequences” of his or her conduct. (Birth Registration) Birth and Death Registration Act 2004 Birth registration became a requirement to obtain a passport, a marriage certificate or school admission which will help prevent child labour, child marriages and will make child immunization more routine.

Overview of Violence Against Children 1. Gender-related Violence Specific to Girls

104

l

Early Marriage Despite the existence of laws, early marriage is common. It is widely accepted that if a girl reaches puberty, she is no longer a child.

l

Dowry related Violence Although dowry demand is illegal, the practice persists in rural communities. 84% of the cases of

REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

wife battering was related to dowry in 2000 and 173 girls and women were killed due to dowry demand with 79 of these victims below the age of 18 in 200110 . l

Acid Throwing Despite the existence of law, acid violence has been increasing over the last few years. Out of 264 cases reported in 2002, 60 cases were against children under 18 years old. The attacks were primarily against women, males are also being targeted these days11 .

l

Wife Battering Wife beating is the most common act of domestic violence in Bangladesh- nearly half of the adult female population surveyed reported physical abuse by their husbands.

l

Trafficking Women and girls are trafficked both within the country and internationally. 335 cases were reported in 2002 and 272 cases were the children under 18 years old12 .

2. Sexual Abuse l

Rape and Sexual Offence In 2002, 1434 cases of rape were reported and out of 882 victims whose age was known, 488 cases were under 18 years old and 509 were the cases of gang rape. In the last few years, gang rape has been increasing and become the prevalent form of rape13 .

l

Marital Rape Although there are no official reports or statistics, marital rape and coerced sexual rape between husband and wife are fairly common. There is no legislation to protect girls from marital rape other than the cases the wife is under 14 years of age (Penal Code 1860).

3. Physical and Psychological Punishment Physical and psychological punishments are commonly used in the family and schools and often are justified as a necessary means of discipline. It is reported that punishments are harsher in madrassas than in normal schools.

4. Other Violence l

10 11 12 13

Child Labour The survey, conducted by Bangladesh Bureau of Statistics, found that 17.5 percent of total children of the 5-17 age groups were engaged in economic activities in 2002-03. The highest proportions of working children, some 49.5 percent, were engaged in unpaid economic activities in family farms or business. The second highest 28.6 percent were employed as paid day-labourers.

BNWLA (2002) Violence against Women in Bangladesh 2002 BNWLA(2002) Violence against Women in Bangladesh 2002 BNWLA (2002) Violence against Women in Bangladesh 2002 BNWLA (2002) Violence against Women in Bangladesh 2002

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These children are found engaged in household service and other activities such as in agriculture, transportation and businesses14 . Prevention Strategy taken

14

l

National Policy for the Advancement of Women and Girl Child The policy was adopted in March 1997 to improve women’s fate recognizing that they have been oppressed and neglected for decades. It includes the elimination of all forms of discrimination against girl child and enact necessary laws, strict enforcement of laws against early marriage, rape, trafficking and prostitution, child labour and any other ill treatment and discrimination. National Task Force to look into the child issues has been recently formed under the leadership of the Principal Secretary of the Prime Minister.

l

NPA National Action Plan for Children (1997-2002) has been adopted in parallel with the Government’s Fifth Five-Year Plan (1007-2002). It was revised in 2002 and National Plan of Action against the Sexual Abuse and Exploitation of Children including Trafficking was adopted.

l

Reporting Mechanism MoWCA bears primary responsibility for coordinating implementation of the Convention including monitoring both between different Ministries and between the national and sub national levels. An inter-Ministerial Committee was formed in 1998 and annual reporting system has been developed based on the information collected from relevant ministries towards realizing children’s rights.

l

Monitoring System The Annual Multiple Indicator Cluster Survey (MICS) has been conducted jointly by Bangladesh Bureau of Statistics and UNICEF since 1993 to assess the progress on situation of children. MICS collects data on 27 different indicators relating to health, water, sanitation and education and many other areas covered by the Convention including protection issues. Monitoring function under district (upazila) level is very weak because there is no monitoring body for children’s rights and MoWCA is directly in charge.

l

Re-formation of National Children Council The National Children Council was reformed in 1996 and is responsible for formulating policy and undertaking the necessary reform and enforcement of laws relating to children.

l

Child Rights Awareness “Decade of the Rights of the Child 2001-2010” was called by Prime Minister of Bangladesh. There have been various awareness-raising activities conducted by MoWCA and partner NGOs and media.

‘Child labour in Bangladesh’ By A.N.M. Nurul Haque in the New Nation of Nov 25, 2004 (http:// nation.ittefaq.com/artman/publish/article_14081.shtml)

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Major activities by Government and NGOs

Relevant Publications

l

Coordinated Program to Combat Child Trafficking (CPCCT) by MoWCA It is a three year (2002-2005) pilot project focusing on awareness building activities at Union and Village levels by holding workshops, rallies, meetings and street drama etc through ten national NGOs.

l

Awareness raising activities by ATSEC 15 NGOs are consolidated as Action Against trafficking and Sexual Exploitation (ATSEC) in Children. They work collectively in prevention of child trafficking, protection of victims and assistance in their recovery and reintegration.

l

Data Collection and publication by BNWLA Bangladesh Nationals Women’s Lawyers Association (BNWLA) conducts a study on violence against women and publishes reports every year.

l

Kishori Abhijan Since 2001, MoWCA in collaboration with several NGOs, have been implementing a pilot project on empowerment and protection of rural adolescent girls. It is aimed at building the capacity of girls through peer education and participatory life skills.

BNWLA (2001, 2002, 2003) Violence against Women in Bangladesh Breaking the Silence (2003) Case Studies of NonCommercial Sexual Abuse of Children in Bangladesh CRC (2003) Consideration of Report Submitted by States Parties under Article 44 of the Convention Concluding Observations: Bangladesh (CRC/C/15/ Add.221) ECPAT and Plan (2004) Report on Laws and Legal Procedures concerning the Commercial Sexual Exploitation of Children in Bangladesh Government of Bangladesh (2003) Consideration of Reports Submitted by States Parties under Article 44 of the Convention Second Periodic Report submitted to the Committee on the Rights of the Child (CRC/C/ 65/Add.22) Government of Bangladesh (2004) Response to the Questionnaire of UN Secretary General’s Study on Violence against Children OMCT (2003) Violence against Girls in Bangladesh Report prepared for the 34th Session of the Committee on the Rights of the Child Save the Children (2004) Mapping Save the Children’s Response to Violence Against Children In South Asia Region UNICEF ROSA (2001) Corporal Punishment in Schools in South Asia UNICEF ROSA (2001) A Reference Kit on Violence Against Women and Girls in South Asia UNICEF ROSA (2001) Mapping of Advocacy and Capacity Building Materials Addressing Issues of Violence, Abuse and Exploitation of Children in South Asia

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Relevant Web site

http://www.mwca.gov.bd (Ministry of Women and Children’s Affairs Home Page) http://www.hri.ca/fortherecord2003/vol13/ bangladeshtb.htm (Bangladesh Reports to Treaty Bodies-Committee on the Rights of the Child)

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Bhutan

General Information of the Country15 Population (total) (under 18) (under 5)

2.2 million 1 million 0.3 million

GNP per capita

$ 660

Religion

Buddhist: 75% Hindu 20.25%

HDI rank

134

Enrolment rate for primary school (net)

Girls: 74.47% Boys: 78.22%

GDI rank

NA

Mortality Rate (under 1) (under 5)

60.5 84

Child Protection Indicators16 Child Labour (% of workingchildren aged 5-14)

Total: NA

Male: NA

Female: NA

Child Marriage(% of women who got married under 18)

Total: NA

Rural: NA

Urban: NA

Birth Registration (% of less than 5 years old children registered)

Total: NA

Rural: NA

Urban: NA

National Machinery National Focal Point

l

National Commission on Women and Children (NCWC)

Key Ministry and Related Offices

l

Planning Commission Ministry of Education, Youth Guidance and Counselling Section Ministry of Health

l l

Partner NGO and Private Sectors

National Women’s Association of Bhutan: One of the only two organizations registered in Bhutan, funded by Government of Bhutan RSPN (Royal Society for the Protection of Nature): One of the only two organizations registered in Bhutan, working for environment protection Tarayana Foundation: Non-profit organization based in Thimphuresponsible for supplementing and complementing the Bhutanese government’s efforts to alleviate poverty Youth Development Fund: Non-profit organization that enables Bhutanese youth to realize their full potential as productive citizens through various youth development and education programmes and sustained financial support to such kind of activities in the country

15 16

From UNICEF (2004) The State of the World’s Children 2005 except the data for HDI and GDI from UNDP (2004) Human Development Report, Religion from http://en.wikipedia.org/wiki/Demographics_of_Bhutan, and Enrollment rate from Bhutan Living Standards Survey 2004 and Mortality rate from National Health Survey 2000 From UNICEF (2004) The State of the World’s Children 2005

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Legal Background for Violence Against Children International Laws

CRC Signed on 23 May 1990 and ratified on 1 August 1990 without any reservation Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography Not signed nor ratified Optional Protocol on the Involvement of Children in Armed Conflict Not signed nor ratified CEDAW Signed on 17 July 1980 and ratified on 31 August 1981 without any reservation ILO Convention 182 Not signed nor ratified (Not member of ILO) SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution Signed on 5 January 2002 and ratified on 4 September 2003 SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia Signed on 5 January 2002 and ratified on 4 September 2003

Domestic Laws

1. Gender-related Violence Specific to Girls (Children and Marriage) Marriage Act 1980 (Amended in 1996) The minimum age for marriage was 18 for males and 16 for females but it was amended in 1996 and the legal age for marriage is now 18 years for both sexes. (Trafficking) There is no legal provision for trafficking.

2. Child Sexual Abuse Rape Act 1996 The crime of rape is defined as having sexual intercourse with a person under any of the following circumstances: without his / her consent; use of any force; or with his / her consent when the consent is obtained by putting him / her in fear of death or of hurt. Offenders shall be charged to pay compensation and imprisoned for a term of one to five years. If a girl or boy aged above 12 and below 18 years of age is raped, imprisonment shall be for five to ten years. If the victim is younger than 12 years, the mandatory sentence is 10-13 years. Gang rape results in heavier sentences of 10-15 years. This Act does not apply for “Night Hunting”.

3. Physical and Psychological Punishment Teachers and Students Code 1997 This Code prohibits punishment in schools but does not have any legal status as it has not been passed by the National Assembly. Also, it does not cover punishment occurring in families.

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4. Other Violence (Child Labour) Regulation for Wage Rate, Recruitment Agencies and Workmen’s Compensation 1994 It prohibits employment of any kind for children. (Juvenile Justice) Prison Act 1982 It states that prisoners below 18 years are kept separately from other prisoners. Police Act 1980 It states that no handcuffs are to be used on a person below 13 years of age. Civil and Criminal Procedure Code 2001 (Chapter 24) It defines that a juvenile arrested on criminal charges shall; 1) be informed promptly and directly of the charge through their parents, member of family and legal guardians, 2) be accompanied by a parent, family / legal guardian unless the childe does not want to, 3) have the opportunity to be represented by a lawyer and 4) have the privacy fully respected at all stages of the proceedings. The code generally prohibits any torture, cruelty, inhumane and degrading treatment/punishment in the criminal procedure. Bhutan Penal Code 2004 It defines that persons below 18 years of age are to be awarded half of the sentences given to adults for criminal offences.

Overview of Violence Against Children 1. Gender-related Violence Specific to Girls l

Early Marriage Although the marriage is not legally recognized until marriage certificate was issued as written in the Marriage Act, both boys and girls engage in common-law marriage as early as 15 years of age. The practice of polygamy and polyandry is commonly conducted and is permissible under the law.

2. Child Sexual Abuse l

17

Rape and Sexual Offence Few cases of rape are reported in Bhutan. There were only 52 cases of sexual crime (means rape, attempted rape, adultery, incest, molestation, elopement and dacoity cum rape) reported in 2002, which is only 3% of all the crimes but has been increasing for the last five years17 . It is assumed that victims are getting more aware of their rights and legal imposition of severe penalty on convicts.

Royal Government of Bhutan (2003) Convention on the Elimination of All Forms of Discrimination of Against Women- Report of the Kingdom of Bhutan

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l

Night Hunting There is a persistent traditional practice called “night hunting” where young men enter village houses at night to have sex with young women in rural area of Bhutan. Although frequently it is consensual and has been arranged in advance, it is reported that many young girls and their families are fearful of this tradition.

3. Physical and Psychological Punishment

Despite the directives to schools issued by education departments, corporal punishment in schools is still commonly used by teachers as a discipline for children. Sometimes parents promote punishment at schools for correcting the children’s behaviour. Physical punishment at workplace is more widespread in informal sectors and believed to be necessary for correcting behaviour by employers and parents.

4. Other Violence (Child Labour) There are hardly any children working in industrial sectors but it is common for children in rural area to work in their families’ farms and help in domestic work. These children are subjected to violence, sexual harassment and physical punishment by their employers or customers. Prevention Strategy taken

Major preventive activities

Relevant Publications

l

NPA National Plan of Action for Children was formulated in 1991 and was incorporated in the Government’s Seventh Five Year Plan (1992-1997) and the current Eighth Five Year Plan (1997-2002).

l

Establishment of National Commission on Women and Children (NCWC) The Commission was launched in May 2004 for promoting the well being of children and women, monitoring implementation of activities under CRC and CEDAW and preparing reports for the government and provide a forum for receiving and investigating violations of rights of women and children to be reported to the government18 .

l

Youth Activities Youth Guidance and Counselling Section in Ministry of Education supports the school based activities such as scouting, clubs through leadership camps, workshop / seminars.

Planning Commission Secretariat, Royal Government of Bhutan (2000) Bhutan National Human Development Report Royal Government of Bhutan (2003) Convention on the Elimination of All Forms of Discrimination of Against Women- Report of the Kingdom of Bhutan Royal Government of Bhutan (1999)Country Report

18

Online newspaper, Keunsel of 8 May 2004 from http://www.kuenselonline.com/article.php?sid=4039

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Submitted to the Committee of the Rights of the Child (CRC/C/3/Add. 60 on 14 October 1999) UNICEF ROSA (2001) A Reference Kit on Violence Against Women and Girls in South Asia Relevant Publications

http://www.bhutan.gov.bt/ (Government official Page) http://www.unicef.org/bhutan/unicefbh.htm (UNICEF Bhutan Homepage) http://www.state.gov/g/drl/rls/hrrpt/2004/41739.htm (Country Report of US Department of State; Bhutan) http://www.unhchr.ch/html/menu2/6/crc/treaties/statusopsc.htm http://www.un.org/womenwatch/daw/cedaw/states.htm http://en.wikipedia.org/wiki/Demographics_of_Bhutan

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India

General Information of the Country19 Population (total) (under 18) (under 5)

1065.4million 414.9 million 118.5 million

GNP per capita

530$

Religion

Hindu:820 million Muslim: 130 million Sikh: 35 million Others: Christian, Buddhist etc.

HDI rank

127

Enrolment rate for primary school (net)

Girls: 74.47% Boys: 78.22%

GDI rank

103

Mortality Rate (under 1) (under 5)

60.5 84

Child Protection Indicators20 Child Labour (% of workingchildren aged 5-14)

Total: 14

Male: 14

Female: 15

Child Marriage(% of women who got married under 18)

Total: 46

Rural: 54

Urban: 26

Birth Registration (% of less than 5 years old children registered)

Total: 35

Rural: 29

Urban: 54

National Machinery National Focal Point

l

National Commission for Protection of Child Rights (NCPCR) to be formed soon

Key Ministry and Related Offices

l

Department of Women and Child Development (DWCD) of the Ministry of Human Resource Development

A few Partner NGOs of Government

Butterflies: working for street children and working children in Delhi, providing non formal education and health care. Sanlaap: rescuing and rehabilitation of children forced into prostitution, providing shelter, counselling and vocational training to child victims. Jabala Action Research Organization: working for sex workers and their children by raising awareness against child trafficking, gender sensitization and running vocational centres etc.

19 20

From UNICEF (2005) The State of the World’s Children 2005 except the data for HDI and GDI from UNDP (2004) Human Development Report and Religion from http://www.go4links.com/Directory/India4world/ Indian-Religion.shtml From UNICEF (2005) The State of the World’s Children 2005

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Legal Background for Violence Against Children International Instruments

CRC Acceded on 11 December 1992 with declaration that the Government of India undertakes to take measures to progressively implement the provisions of article 32, particularly paragraph 2 (a), in accordance with the national legislation and relevant international instruments to which it is a State Party Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography Signed on 15 November 2004 Optional Protocol on the involvement of children in armed conflict Signed on 15 November 2004 CEDAW Signed on 30 July 1980 and ratified on 9 July 1993 with reservation on Article 29 (1) on disputes between state parties and on Article 16 (1) on marriage and family relations and 16 (2) on child marriage for the sake of variety of customs, religion and level of literacy in India. ILO Convention 182 Not signed yet SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution Signed on 5 January 2002 and ratified on 2 September 2003 SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia Signed on 5 January 2002 and ratified on 2 September 2003

Domestic Laws

1.Gender-related Violence Specific to Girls (Early Marriage) Child Marriage Restraint Act 1929 The Act restraints marriage of children below the age of 18 years in case of females and 21 years in case of males. The Act is being amended . A Bill has been tabled in the Parliament in the shape of a Prevention of Child marriage Bill, 2004 which proposes to declare child marriages as void. (Female Foeticide) Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act 1994 It prohibits the uses of diagnostic techniques for the purpose of sex determination leading to female foeticide. It could result in three years imprisonment and a fine of Rs. 10,000 along with suspension of the doctor’s registration. This Act has been amended and is now called the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act 1994.

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2. Child Sexual Abuse (Rape) Indian Penal Code 1860 It provides strict measures against offenders of sexual harm to minors. It gives severe punishment in the case that rape was committed by the management or staff of a children’s institution or any inmate of the institutions by taking advantage of his official position. (Trafficking) Immoral Traffic (Prevention) Act 1956 The Act relates to the prevention of trafficking with special reference to children, rehabilitation of victims and punishment of offenders. (Commercial Sexual Exploitation) Indian Penal Code 1860 (366A, 367, 372, 373) The Code defines it illegal to procure a minor girl by any means and induce a girl under 18 years of age into prostitution or any form of illicit sexual intercourse. (Pornography) Cable TV Network (Regulating) Act 1995 It prohibits telecasting of programs / advertisements which are obscene, defamatory or denigrates children. Young Person’s (Harmful Publications) Act, 1956 It lays down provisions to prevent dissemination of certain publications harmful to young persons under the age of 20 years. Information Technology Act 2000 It prohibits electronically publishing or transmitting any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons.

3. Physical and Psychological Punishment Indian Penal Code covers these aspects to some extent. However, there is an absence of adequate provision prohibiting punishment in the families, communities and workplace other than the severe forms of physical violence. For the punishment at schools, several states such as Tamil Nadu and Andhra Pradesh have amended the Education Rules to prohibit punishment .

4. Other Violence (Children in Work) Child Labour (Prohibition and Regulation) Act 1986 The Act prohibits children below the age of 14 years from working in hazardous occupations.

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(Children in conflict with the law; children in need of care and protection ) Juvenile Justice (Care and Protection of Children) Act 2000 The Act provides for care, protection, treatment, development and rehabilitation of neglected juveniles and for children in conflict with the law, defined as below 18 years.

Overview of Violence Against Children 1. Gender-related Violence specific to Girls l

Early Marriage In spite of the law prohibiting marriages under 18 for girls and 21 for boys, there were 85 child marriages reported in 2000 and there may be more, if not reported cases are to be included21 .

l

Female Feticide and Infanticide These customs still exist in 27 out of 32 states in India. In the 2001 Census, it was reported that only 927 girls for every 1000 boys were born. This gap is due to the selective abortions with at least 5% of girls being killed every year. In the 2001 census, 133 cases of infanticide were reported22 .

l

Trafficking It is reported that around 500,000 girl children below 18 years old are the victims of trafficking. They are trafficked for the purpose of sexual exploitation, forced / fake marriages, bonded labour and other labours. 5% of all the trafficked children are from Bangladesh and Nepal23 .

l

Joginis Hundreds of young girls are consecrated every year as joginis, or servants of the local deity, in the states of Orissa, Andra Pradesh, Karnataka and Tamil Nadu. Some of the girls were provided lifetime services, performing ritual ceremonies in the temple and were never married.

2. Child Sexual Abuse

21 22 23 24 25 26

l

Rape In the National Crime Records, it is reported that 2000 girls were raped in 200124 . In Delhi alone, 525 cases of rape were reported and social workers revealed that rape of minors was rampant in the slum areas.

l

Sexual Abuse There are no official records reporting the cases of sexual abuse, but it is estimated that at least 600,000 to 700,000 children are likely to have experienced sexual abuse25 . It is also reported that 40 % of the children are abused by families and relatives26 .

National Crime Records Bureau, Ministry of Home Affairs, Government of India (2001) Crime in India 2001 Oxfam (2004) Towards Ending Violence Against Women in South Asia Fact sheet on child trafficking from http://www.slartc.org/trafficking.html#1 Crime in India 2001 http;//www.thp.org/sai00/India/violence.htm UNFPA (2003) Violence against Women in South Asia- A Regional Analysis

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l

Child Prostitution It is estimated that there are more than 900,000 sex workers in India and 30% of these are estimated to be children. The number of children involved in prostitution is increasing at 8-10% per annum. It is also estimated that around 300,000 children in India are suffering commercial sexual abuse which includes children being exploited in pornography27 .

3. Physical and Psychological Punishment

There are no official records available but a study shows that out of 187 school going children ages between 6 to 10, 160 received beating at home28 . Another survey of university students found that 91 % of males and 86% of females had been physically punished as children29 .

4. Other Violence

Prevention Strategy taken

27 28 29 30

l

Child Labour It is estimated by ILO that 23.2 million children are working compared to 11.28 million in 1991. About 74.4 million children who are neither enrolled in schools nor in the labour force are all potential child labour.

l

National Policy for Children It was adopted on 22nd August 1974 and it provides for protection of children from all forms of exploitation and abuse and for all round development of children.

l

National Charter for Children It has been recently adopted as a statement of intent embodying the Government’s Agenda for Children. It emphasizes the commitment of government and duties of state and communities to children’s rights to survival, health and nutrition, standard of living etc. It also defines the duties of children towards family, society and the Nation.

l

National Coordination Group The group was originally constituted for monitoring of implementation of child rights in the country under the chairpersonship of the Secretary, Department of Women and Child Development, Ministry of Human Resource Development but recently reconstituted under the chairpersonship of the Minister of State, Human Resource Development.

l

National Commission on Protection of Child Rights (NCPCR) The bill for establishing NCPCR has been tabled in the Parliament and is expected to be passed soon. It aims at setting up similar commissions at state levels30 .

Child Prostitution in India (2002) (http://www.jubileeaction.co.uk/reports) Butterflies (2003) My name is Today Save the Children (2001) Ending Corporal Punishment of Children: Making it Happen The Hindu, March 25, 2005 from http://www.infochangeindia.org/ChildrenItop.jsp?section_idv=4

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Good Practices by government and NGOs

Relevant Publications

l

NPA The NPA was formulated in August 1992 in which 27 survival and development goals were laid down as identified quantifiable targets for the year 2000. All the major States of the country prepared their individual State Plans of Action (SPA). It is being revised with new goals, objectives and strategies for the current decade by the department of women and children. The country is in the process of formulating its new NPA for children at national and state levels.

l

Media Campaigns Department of Women and Child Development (DWCD) launched several media campaigns to address issues pertaining to children such as declining sex ratio, promotion of girl child, child rights, combating trafficking and preventing child marriages, in collaboration with the Ministry of Information and Broadcasting.

l

Child Help Line Phone Government has started a toll free 24 hour telephone service for children in need of care and protection in 55 cities in the country from 2000.

l

Children’s Parliament It is a unique approach for peer education. School children come together, elect parliament members and discuss the issues which concern them such as violence in schools and communities. This experience helps children develop a sense of responsibility towards the issues and the ability to deal with them.

l

Legal Literacy Child-line India Foundation has produced a manual entitled ‘Child Rights and Law; A Guidebook for Legal Interventions to promote legal literacy.

l

Establishment of Mahila Thanas Many states have established Mahila thanas (all women police stations) to encourage women to lodge complaints without any fear and apprehension.

Butterflies (2003) My name is Today ECPAT and Plan (2004) Report on Laws and Legal Procedures concerning the Commercial Sexual Exploitation of Children in India Government of India (2005)Response to the UN Secretary general’s Study on Violence against Children Kirthi Singh (2002) Violence against Women and the Indian Law (UNIFEF Working Paper) Oxfam (2004) Towards Ending Violence Against Women in South Asia Save the Children (2004) Mapping Save the Children’s Response to Violence against Children in South Asia Region UNFPA (2003) Violence against Women in South AsiaA Regional Analysis

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UNICEF ROSA (2001) A Reference Kit on Violence Against Women and Girls in South Asia UNICEF ROSA (2001) Corporal Punishment in Schools in South Asia UNICEF ROSA (2003) Mapping of Advocacy and Capacity Building Materials Addressing Issues of Violence, Abuse and Exploitation of Children in South Asia Relevant Web site

http://wcd.nic.in/ (DWCD) http://nhrc.nic.in/ (National Human Rights Commission) http://www.jubileeaction.co.uk/reports (Child Prostitution in India) http://www.thp.org/sai00/India/violence.htm

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Maldives

General Information of the Country31 Population (total) (under 18) (under 5)

0.3 million 0.15 million 0.05 million

GNP per capita

$ 2300

Religion

Muslim 100%32

HDI rank

84

Enrolment rate for primary school (net)

Girls: 96% Boys: 96%

GDI rank

NA

Mortality Rate (under 1) (under 5)

55 72

Child Protection Indicators33 Child Labour (% of workingchildren aged 5-14)

Total: NA

Male: NA

Female: NA

Child Marriage (% of women who got married under 18)

Total: NA

Rural: NA

Urban: NA

Birth Registration (% of less than 5 years old children registered)

Total: 7334

Rural: NA

Urban: NA

National Machinery National Focal Point

l l

Unit for the Rights of Children (URC), Ministry of Gender Family Development and Social Security National Council for the Protection of the Child (NCPC) Ministry of Gender Family Development and Social Security

Key Ministry and Related Offices

l

Partner NGO and Private Sectors

FASHAN: mainly focusing on violence, drug abuse prevention and gender sensitization, HIV/AIDS awareness and child rights. Care Society: working for children and adults with disability, community based rehabilitation program. Society for Health Education: creating awareness about emerging health and social problems, such as drug addiction and HIV/AIDS in the society including children and youth. The counselling unit serves counselling on sexual abuse, violence issues etc.

Legal Background for Violence Against Children International Laws

31 32 33 34

CRC Signed on 21 August 1990 and ratified on 11 February 1991 with reservations on Article 14, in keeping with the constitutional clauses that all Maldivians should be

From UNICEF (2005) The State of the World's Children 2005 except the data for HDI and GDI from UNDP (2004) Human Development Report Muslim is the only official religion in Maldives. Only foreigners are allowed to practice their own religions. From UNICEF (2005) The State of the World's Children 2005 MICS (Multiple Indicator Cluster Survey) conducted by Ministry of Health (2001)

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Muslim and all the clauses and provisions in the CRC relating do adoption which is against Islamic Shariah Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography Signed and ratified on 10 May 2002 Optional Protocol on the Involvement of Children in Armed Conflict Signed on 10 May 2002 and ratified on 29 January 2005 CEDAW Acceded on 1 July 1993 with reservations to Article 7(a) which conflicts with the provisions of article 34 of the National Constitution and Article 16 which do not conform with Shariah ILO Convention 182 Not Signed SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution Signed on 5 January 2002 and ratified on 28 December 2003 SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia Signed on 5 January 2002 and ratified on 28 December 2003 Domestic Laws

1. Gender-related Violence Specific to Girls (Children and Marriage) Law on the Protection of the Rights of Children 1991 (Chapter II-21)* Parents are advised to pay particular attention to prevent children from marrying before they attain 16 years of age. In November 2000, the legal age of the child was raised to 18 years.

2. Child Sexual Abuse Law on the Protection of the Rights of the Child 1991 (Chapter III-25)* It states that no persons shall commit an act that is detrimental to the integrity of children, nor shall any person commit an act of sexual abuse, exploitation of oppression against the child.

3. Physical and Psychological Punishment Law on the Protection of the Rights of the Child 1991 (ChapterI-10)* It states in Chapter I-10 as duties of the government, punishment given in schools must be appropriate to the age of child and should not be physically or psychologically harmful to the child. It also states in Chapter II-18 that no child shall, even as a measure of discipline be subjected to punishment which may cause physical injury or which may be detrimental to the health of the child.

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4. Other Violence (Children in Work) Law on the Protection of the Rights of the Child 1991 (ChapterIII-27)* It prohibits any child below the age of 14 from being employed for remuneration. A child who has attained the age of 14 years can be employed for remuneration but compatible with the child's age and health. A child shall be paid reasonable remuneration for the work performed and shall be provided medical care for injuries caused in the course of such employment. It also states that a child below 18 is not allowed to undertake certain specific jobs such as construction, guards, carpentry, welders etc.

* The definition of children was persons under the age of 16 years, but it was raised to 18 years in November 2000.

Overview of Violence Against Children 1. Gender-related violence Specific to Girls l

Early Marriage The Family law restrict children under 18 years to marry. There has been no marriage acknowledged below the age of 18 years since the inception of family law in 2000.

l

Trafficking There are no cases of trafficking reported so far.

2. Sexual Abuse l

Sexual Abuse The number of sexual abuse cases reported to URC in 2003 were 19 (12 female and 7male) whereas they were 58 (48 female and 10 male) in 1997.

3. Physical and Psychological Punishment

Physical and psychological punishment is intermittently used by family members and teachers. It is reported that parents are more likely to inflict physical punishment on boys than girls because they are often considered more in need of discipline than the generally docile girls35.

4. Other Violence l

35

Child Labour There is no data of children hired as employees in any sector. The majority of children performing domestic tasks may be treated with respect and care but some children may face abuse and exploitation. There is no data available in detail.

UNICEF Maldives in collaboration with the Unit of the Rights of Children (URC) and the Ministry of Education (MOE) (2004) Violence against Children in Schools and Families in Maldives with Focus on Sexual Abuse: A Qualitative Investigation Final Report (Stages 1-3)

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Overview of Violence against Children Prevention Strategy taken

l Year of the Maldivian Child and the National

Conference on the Maldivian Child 1991 was declared as the year of the Maldivian Child and The National Conference was held in July 1991, following the World Summit of Children in 1990.

l NPA

Following the ratification for the CRC in 1991, interministerial Committee was formed and National Plan of Action for Children was adopted.

l The law on Protection of the Rights of the Child

(Law 9/91) This law was passed following the adoption of NPA in 1991. The law identified guiding principles and objectives for the State, Parents and the Community with respect to their responsibilities towards children. The definition of the child was below 16 years old, but it was amended to below 18 years old in November 2000.

l Establishment of Unit for the Rights of the Child

(URC) URC was established at the Ministry of Home Affairs in 1992 to deal with all issues related to children's rights, their publicity, promotion and implementation to support for the National Council for the Protection of the Rights of the Child.

l Reporting Mechanism

Unit for the Rights of Children (URC), Ministry of Gender Family Development and Social Security file a case. The format for filling cases is available from the internet38. URC also has Help Line service.

Good practices by government and NGOs

l Advocacy and Campaigns

Various advocacy campaigns were taken by URC including the publication, Children's Day, Advocacy for children.

l Children's Telephone Help Line

URC provides telephone help line services.

l Counselling Services for the Juvenile Sex

Offenders URC provides counselling services for juvenile sex offenders. Some of the clients have been instructed to undergo counselling as part of their sentence while others may not have gone to court but have been recommended for counselling by the police. This is mainly for the offenders in the mainland.

Relevant Publications

36

http://www.urcmaldives.gov.mv/report.html

126

UNICEF Maldives in collaboration with the Unit of the Rights of Children (URC) and the Ministry of Education (MOE) (2004) Violence against Children in Schools and Families in Maldives with Focus on Sexual Abuse: A Qualitative Investigation Final

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Report (Stages 1-3) UNICEF Maldives (2000) Situational Analysis of Children and Women in the Maldives: Mid-term Review Government of MaldivesUNICEF Male CRC/C8/Add.33 (submitted on 5 August 1996)UNICEF ROSA (2001) Corporal Punishment in Schools in South AsiaUNICEF ROSA (2001) A Reference Kit on Violence Against Women and Girls in South Asia HR/CRC/98/29 (28 May 1998)US Department of State(2003) Country Reports on Human Rights Practices-2002 Relevant Web site

http://www.urcmaldives.gov.mv/ (official homepage of URC)

127

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Nepal

General Information of the Country37 Population (total) (under 18) (under 5)

25.1 million 11.7 million 3.6 million

GNP per capita

240$

Religion

Hindu 18.3 million Buddhist 2.4 million Muslim 0.95 million Others (Kirat, Christian etc.)

HDI rank

140

Enrolment rate for primary school (net)

Girls: 66% Boys: 75%

GDI rank

116

Mortality Rate (under 1) (under 5)

61 82

Child Protection Indicators38 Child Labour (% of workingchildren aged 5-14)

Total: NA39

Male: NA

Female: NA

Child Marriage (% of women who got married under 18)

Total: 56

Rural: 59

Urban: 38

Birth Registration (% of less than 5 years old children registered)

Total: 34

Rural: 34

Urban: 37

National Machinery National Focal Point

l

Ministry of Women, Children and Social Welfare (MoWCSW)

Key Ministry and Related Offices

l

National Human Rights Commission Central Child Welfare Board National Task Force against Trafficking in Children

l l

Partner NGO and Private Sectors

CVICT (Centre for Victim of Torture): mainly concerned with the rehabilitation of victims of torture by the state, providing medical treatment and psycho-social support for torture survivors and prisoners CWIN (Child Workers in Nepal): involved in research and advocacy on child workers and street children, providing support services like counselling, vocational training and scholarships Maiti Nepal: focusing on rescue and repatriation of girls trafficked for prostitution, run shelter and transit homes, providing counselling, health services and help trace relatives

37 38 39

From UNICEF (2005) The State of the World's Children 2005 except the data for HDI and GDI from UNDP (2004) Human Development Report and for Religion from Central Bureau of Statistics (2002) Population Census 2001 From UNICEF (2005) The State of the World's Children 2005 According to ILO (1995/6), it is estimated that 2.6 million children are engaged in child labour. Similarly Labour Force Survey by CBS (1998/99) estimated that a total of 2 million (41%) children out of the total 4.9 million children between 5-14 years were involved in work.

129

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FWLD (Forum for Women, Law and Development): conducting advocacy, training to raise awareness about gender equality INHURED: conducting training workshop, developing posters against trafficking in girls and women

Legal Background for Violence Against Children International Laws

CRC Legal Background for Violence against Children Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography Signed on 8 September 2000 Optional Protocol on the Involvement of Children in Armed Conflict Signed on 8 September 2000 CEDAW Signed on 5 February 1991 and ratified on 22 April 1991 ILO Convention 182 Signed on 3 January 2002 SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution Signed on 5 January 2002 but not ratified yet SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia Signed on 5 January 2002 but not ratified yet

Domestic Laws

1.Gender-related Violence Specific to Girls (Early Marriage) 11th Amendment of Civil Code on Legal Age for Marriage It defines the age of marriage as followings; 1) for court marriage, the age of the boy should be 22 years and the one of the girl should be 18 years, 2) for the marriage with consent from parents, both boys and girls should be 18 years and 3) for the marriage without consent from parents, both boys and girls should be 20 years of age. (Trafficking) Human Trafficking Act 1986 It prohibits compelling women and girls in forced sex and the selling and buying of women and girls. It prescribes heavy punishments for violators, enabling prosecution even when the crime is committed outside the country.

2. Child Sexual Abuse (Rape and Sexual Abuse) Civil Code of Nepal Chapter 13 states that if any man holds any part of the body of a woman above 11 years old other than his own wife with the intent to rape, that person shall be fined Rs. 500 or can be sentenced to jail for one year. Chapter 14 states that a man will be liable to imprisonment if he rapes a girl below 16 years old with or without her consent, or rapes a woman above 16 years old. There are some loopholes of this law;

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1) There is no clause of rape of boys except in the case of father raping the son, 2) There is no clause for the rape and sexual abuse for girls below 11 years old, and 3) Punishment will be imposed only when there is any intent of rape. (Pornography) Children's Act 1992 It prohibits the use of children for pornography. It prohibits pornography, publication, exhibition or distribution of photographs or personal events or descriptions of a child that tarnish the character of child.

3. Physical and Psychological PunishmentChildren's Act 1992 -Supreme Court Order to change Supreme Court issued an order to nullify the provision of corporal punishment in the Children's Act and prohibited all kind of corporal punishment for any purpose.

4. Other Violence (Children in Work) Child Labour (Prohibition and Regularization) Act 1999 It is concerned with child labour in formal sector and defines hazardous types of activities and prohibits the employment of children below 16 years of age in those areas. Labour Act 1999 It prohibits employment of children under the age of 14. However, it does not guarantee the access to education of a child under this age because schooling has not been made compulsory in Nepal primarily for economic reasons. (Birth Registration) Birth, Death and Other Personal Incidences (Vital Registration) Act 1976 It provides that the birth of a child should be registered within 35 days of his/her birth.

Overview of Violence Against Children 1. Gender-related Violence Specific to Girls l

40

Early Marriage Despite of the laws, many young children get married in early ages. According to the Central Bureau of Statistics, 34% of girls marry by the age of 15 and 83.1% of girls from ethnic minority communities marry before the age of 1540. There is a tendency in these days parents want their girl children to get married at earlier ages in the conflict affected area.

Government of Nepal (2003) Consideration of Reports Submitted by States Parties under Article 44 of the Convention Second Periodic Report submitted to the Committee on the Rights of the Child (CRC/C/65/Add.30)

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l

Trafficking It is reported that there are 135 to 150 cases are filed in the court but it is assumed that there are more if the unreported cases are included. Although the girl child is the focus of trafficking for sex trade, many young boys, mostly from the hilly districts of the mid-western region of Nepal, are also trafficked into India, where most of them are forced to work in hazardous conditions in farms, factories and other places41.

l

Deuki (Hindu) and Jhuma (Bhuddist) There is a tradition of offering girls to god. The tradition has been still pervasive in rural villages. Although the conditions of the chosen girls are getting better; provided with education and other basic facilities, being entitled to live a normal life once she leaves the status, some of these practices have led to religious sexual exploitation.

2. Sexual Abuse l

Rape According to the State of the Rights of the Child200342,of the 159 recorded rape cases, 91 (57%) were children below 16 years of age and 33 (20.7%) involves children below 10 years of age and five were boys. Out of 159 cases, 11 cases (7%) were incest.

l

Sexual Abuse There is no national data available other than rape. However, a study43 shows that out of 4660 children (age 8-15) interviewed, 13% boys and 14.5% girls have experienced one or more contact forms of sexual abuse.

3. Physical and Psychological Punishment

41 42 43 44 45 46

132

l

Punishment at Schools In the report of 1998, it was revealed that 14% of the school drop out is attributed to fear of teachers44. More corporal punishment is inflicted in private schools, verbal humiliation is practiced more in public schools45. Another source reports that 27 students were admitted in mental hospital in 2000 and 12 students in 200146.

l

Punishment at Other Places There are some cases reported that children placed in orphanages or detention centres face psychological or physical punishment but there is no detailed statistics available. Also, although it is

Government of Nepal (2003) Consideration of Reports Submitted by States Parties under Article 44 of the Convention Second Periodic Report submitted to the Committee on the Rights of the Child (CRC/C/65/ Add.30) CWIN (2003) Silent Suffering-Child Sexual Abuse in the Kathmandu Valley Research Report CWIN (2003) Silent Suffering-Child Sexual Abuse in the Kathmandu Valley Research Report Haq, M and Haq, K (1998) Human Development in South Asia 1998- The Education Challenge p. 81 CVICT (2004) A Study of The System of School Discipline in Nepal p.44 Report submitted by United School, Nepal for the Committee on the Rights of the Child on 28 September 2001

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assumed that children in families or communities are punished by parents or neighbours as they are punished at schools, there is no statistical information available.

4. Other Violence

Prevention Strategy taken

47 48 49 50 51

l

Child Labour According to the Nepal Labour Force Survey conducted by the Central Bureau of Statistics in 1998, It is estimated that 4.86 million children in the 5-14 age group are engaged in various work. It is also estimated that in rural areas, among children ages 5-9 years, 19.8% of boys and 25.4% of girls are economically active47. It is assumed the number of children engaged in work is increasing along with the glowing number of internally displaced children moving to towns because of the conflict.

l

Bonded Labour Although Kamaiya (from impoverished Tharu caste) system was abolished in July 2000, it is reported that as many as 17,000 children of the exKamaiyas still work48. Many of the children are forced to live in squatters as temporary transit camps with insufficient assistance by landlords and suffer from lack of food, illness and education49. There are also many debt-bonded labourers, who tend to work in places like carpet factories, households, restaurants, brick kilns, and so on.

l

Abduction With the increase of the conflict, it is reported that more children have been recruited by Maoists and forcibly been made to work as political motivators (going house to house to encourage support for Maoists), cooks, porters and soldiers. There are increasing cases of children forcibly abducted from schools. It is also reported that some girls abducted have been faced with sexual exploitation50.

l

Birth Registration Birth Registration was introduced in 1977 in 10 districts following the adoption of the law in 1976. By 1990, all the districts are covered and extensive campaigns are still running. The national coverage of the birth registration is 34% (2002)51.

l

Establishment of District Child Welfare Board Under the Children Act of 1992, District Child Welfare Board was set up in all the 75 districts, together with a Central Child Welfare Board for

CRC/C/65/Add.30 ILO (2001) Bonded child labour among child workers of the Kamaiya system: A rapid assessment Watch List on Children and Armed Conflict (2005) Human Rights Watch (2005) and Watch List on Children and Armed Conflict (2005) CBS, National Planning Commission (2001). Report on the Situation of Women, Children and Households (Between Census Household, Monitoring and Evaluation System (BCHIMES)

133

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promoting awareness on child rights and mobilizing the Government and NGOs to address the issue at district level.

Good Practices by Government and NGOs

134

l

Special Child Development Policy Government has adopted special child development policies in its Ninth (1997-2002) and Tenth (2002-2007) Plans. Special child development programmes for children below five in remote and economically under developed areas are being implemented.

l

National Plan of Action to Combat Commercial Sexual Exploitation of Women and Children 2000 The Plan of Action envisages detailed interventions, including a policy research and institutional development, reform in legislation and its enforcement, awareness creation, advocacy, networking and social mobilization, health and education programmes, income and employment generation, and rescue and reintegration programmes.

l

National Master Plan on Child Labour 2004-2014 The Master Plan has been prepared to eliminate the worst forms of child labour by 2009 and all forms of child labour by 2014.

l

Creation of National Human Rights Commission National Human Rights Commission was created in 2000 as a national mechanism for monitoring the human rights situation in the country. The commission has prepared a code of conduct for government employees, which includes advocacy against employment of children as domestic workers etc.

l

Reporting Mechanism Government monitors activities in the areas of child rights and welfare issues through its existing mechanisms such as Central Child Welfare Board at the central and District Welfare Boards and District Child Protection Committees at the District level and Village Child Protection Committees in the community level. MoWCSW organizes quarterly meetings and consultative meeting with partner organizations and the agencies.

l

Establishment of Juvenile Benches Although the government announced the establishment of juvenile benches in all the 75 districts, in practice, it is not fully implemented. The government has plan to pilot in 10 districts.

l

Juvenile Justice Officers Nepal Police has set up juvenile justice officers in 10 pilot districts in 2004. In collobaration with UNICEF, PRI and local NGO Nepal Police will train these juvenile justice officers on the international and domestic standards of the administrations of juvenile justice and how to work better with children in conflict with the law.

l

Creation of Separate Cells for Women and Children in District Police Offices Government started to create separate cells for women and children in 1996 in district police offices. These cells exist in 16 districts now.

REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

Relevant Publications

l

Children's Clubs A consortium of organizations working with children's clubs has been formed to promote children's rights to participation. More than 1500 clubs in different districts, involving more than 50,000 children are currently involved in raising awareness on the Convention through various activities.

l

Helpline Service A helpline service for rescue, emergency support, counselling and legal aid for children victims of abuse and exploitation was established in 1998 by CWIN in Kathmandu and Biratnagar. The helpline runs 12 hour hotline support along with an ambulance service.

l

Counselling Services CVICT in collaboration with other national and international organizations has been providing training on counselling services and so far more than 600 people have been trained and are working in different parts of the country.

l

Licensing System Central Child Welfare Board has recently established a licensing system to regulate and monitor institutional care systems for children (shelters, rehabilitation homes, orphanages, etc.).

l

The Safe Space for Girls Project The project has been supported by Save the Children and aims to raise girls' capacities and potentials in creating a safer space for girls in Surkhet.

l

Para-legal Committees In collaboration with local administrations and NGOs, UNICEF has been supporting 204 Village Para-legal Committees in 15 districts. In 2004 only Para-legal Committees received about 3,000 cases of violence against children and women. Para-legal committees respond specific needs of reported cases and facilitate victim's access to appropriate services, carry out extensive social mobilization to raise community's awareness on various protection issues, and maintain the record of protection abuse cases and share the information regularly with district stakeholders for actions to protect vulnerable children. Amnesty International (2003) Widespread "Disappearances" in the Context of Armed Conflict CVICT (2004) A Study of The System of School Discipline in Nepal CWIN (2003) Silent Suffering-Child Sexual Abuse in the Kathmandu Valley Research Report ECPAT and Plan (2004) Report on Laws and Legal Procedures concerning the Commercial Sexual Exploitation of Children in Nepal Human Rights Watch (2005) World Report 2005 Nepal Jason Hart (2001) Conflict in Nepal and its Impact on Children: A Discussion Document Prepared for UNICEF ROSA

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Government of Nepal (2004) Consideration of Reports Submitted by States Parties under Article 44 of the Convention Second Periodic Report submitted to the Committee on the Rights of the Child (CRC/C/65/Add.30)Save the Children (2004) Mapping Save the Children's Response to Violence against Children in South Asia Region Standing and Dhital (2004) The Impact of Conflict on Schooling in Nepal: Reflections from the Gender Experiences in Schools Project UNICEF ROSA (2001) Corporal Punishment in Schools in South Asia UNICEF ROSA (2001) A Reference Kit on Violence Against Women and Girls in South Asia UNICEF ROSA (2001) Mapping of Advocacy and Capacity Building Materials Addressing Issues of Violence, Abuse and Exploitation of Children in South Asia Watch List on Children and Armed Conflict (2005) Caught in the Middle:Mounting Violations against Children in Nepal's Armed Conflict Relevant Web site

136

http://www.nepalhmg.gov.np/women/index.html (Homepage of Ministry of Women, Children and Social Welfare)http://www.cwin.org.np/http:// www.maitinepal.org/index.htmhttp:// www.cvict.org.np/

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Pakistan

General Information of the Country52 Population (total) (under 18) (under 5)

153.5 million 73.7 million 23.5 million

GNP per capita

470$

Religion

95% Muslim 5% Others (Christians, Hindu etc.)

HDI rank

142

Enrolment rate for primary school (net)

Girls: 48% Boys: 83%

GDI rank

120

Mortality Rate (under 1) (under 5)

81 103

Child Protection Indicators53 Child Labour (% of workingchildren aged 5-14)

Total: NA

Male: NA

Female: NA

Child Marriage (% of women who got married under 18)

Total: 32

Rural: 37

Urban: 21

Birth Registration (% of less than 5 years old children registered)

Total: NA

Rural: NA

Urban: NA

National Machinery National Focal Point

l

National Commission for Child Welfare and Development (NCCWD)

Key Ministry and Related Offices

l

Ministry of Social Welfare and Special Education

Partner NGO and Private Sectors

ROZAN: sensitizing through campaigns, support to save children from brothels, trafficking etc. SAHIL: working for child sexual abuse and exploitation by awareness raising, research, legal advocacy, training etc. SACH: running shelter homes for the victims of trafficking and sexual exploitation SPARC: advocacy on child protection, release annual report on the state of children JDHR: sensitizing media professionals to save children from sexual abuse and exploitation

Legal Background for Violence Against Children International Laws

52 53

CRC Ratified on12 November 1990 with a reservation on interpreting its provisions following the principles of Islamic laws and values, but reservation was withdrawn in 1997.

From UNICEF (2005) The State of the World's Children 2005 except the data for HDI and GDI from UNDP (2004) Human Development Report and Religion from Government of Pakistan (http://www.infopak.gov.pk/public/country_profile_index.htm) From UNICEF (2005) The State of the World's Children 2005

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Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography Signed on 26 September 2001 but not ratified yet. Optional Protocol on the Involvement of Children in Armed Conflict Signed on 26 September 2001 but not ratified yet. CEDAW Ratified on 12 March 1996. Reservation on Article 29 (1) on disputes between state parties. The government of Pakistan declared that its accession is "subject to the provisions of the Constitution of the Islamic Republic of Pakistan". ILO Convention 182 Ratified on 11 Oct 2001 SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution Signed on 5 January 2002 and ratified on 16 November 2002 SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia Signed on 5 January 2002 but not ratified yet Domestic Laws

1. Gender-related Violence Specific to Girls (Children and Marriage) Child Marriage Act Restrain 1992 The Act prohibits the marriages of children below the age of 18 for boys and 16 years for girls. (Children and Justice) Hudood Ordinance 1979 This Ordinance defines that a girl will be an adult either when she attains the age of 16 or puberty whichever is earlier while a boy is deemed to be an adult at the age of 18. Thus, a girl as young as 11 or 12 years old could be regarded as falling in the adult category by the major criminal laws. This law equates the testimony of two women to that of one man. (Trafficking) Prevention and Control of Human Trafficking Ordinance 2002 The Ordinance 2002 protects and assists victims of trafficking. It recognizes the role of organized groups in trafficking, makes offences non-bailable, noncognizable and non-compoundable, provides for payment of compensation and expenses to victims, as well as for shelter, food and medical care of unaccompanied children and destitute women. It recommends punishments of up to 14 years and a fine up to Rs. 2 million for trafficking children and women for entertainment, com mercial sexual exploitation or adoption.

2. Sexual Abuse (Sexual Abuse) Hudood Ordinance 1979 There is only the clause to protect children from rape. No punishment will be executed if there is no penetration.

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The case of adultery will be applied only when there is a sexual relationship between a man and a woman without being legally married to each other. (Child Sex work) Suppression of Prostitution Ordinance 1961 It states the punishment for causing, encouraging or abetting the sex work of girls less than 16 years old. This law does not protect male child sex workers. (Child Pornography) Penal Code 1860 (Section 292) It prohibits any act of pornography of both adults and children. There are no separate harsher punishments for child pornography.

3. Physical and Psychological Punishment Punjab Children Ordinance 1983 and the Sindh Children Act 1955 These Ordinances provide legal protection for the children from any forms of physical and psychological abuse. In 2004, the NWFP Education Department Issued a notification to the schools to discourage corporal punishment, however, a recent study conducted by Save the Children Sweden with support from UNICEF reveals that there is widespread corporal punishment in schools. Penal Code (Section 89) The Code states that parents, teachers and other guardians have the right to use corporal / physical punishment for the purpose of correcting the children's behaviour if the children are below 12 years although The Criminal Procedure Code states that beating a child is illegal. Punjab Children Ordinance (Section 19) and Sindh Children Act (Section 48) They have statements defining that punishment by the guardian for the good of the child is not necessarily deemed to be an offence. 0nly when punishments result in serious injuries, violence is taken as penalized and imprisoned.

4. Other Violence (Children in Work) Employment of Children Act 1991 It is the latest government legislation on child labour. This Act defined 'child' as a person under 14 years of age and prohibits any employment of children from working in hazardous conditions and restricts working hours prohibiting the overtime, holding more than one job and giving no weekly holidays. However, this Act does not cover the children working in agriculture sector which consists of more than 66% of all the working children. Bonded Labour System (Abolition) Act 1992 The Act prohibits bonded labour and forced labour. Violation of the law is punishable with imprisonment of up to 5 years or a fine of Rs. 50000, or with both.

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(Juvenile Justice) Juvenile Justice System Ordinances 2000 It bans the sentence of death and whipping for children below the age of 18 years (it was defined as 15 years old by the previous Ordinance of 1983) and provides the rehabilitation of juvenile delinquents.

Overview of Violence Against Children (Gender-related violence specific to girls) l

Early Marriage In spite of the law prohibiting marriages under 18 for boys and 16 for girls, there have been many cases children are getting married earlier than these ages especially in rural areas. However, the Census report of 2000 suggests that the age of marriage is being raised and this trend is particularly noticeable in the urban areas.

l

Trafficking Most of the girls trafficked to Pakistan come from Bangladesh. They are trafficked for the commercial sexual exploitation, bonded labour and marriages. Many of the children trafficked from Pakistan are for the purpose of the camel racing, domestic labour, and sexual exploitation in Middle East. There are also many children trafficked inside the country for bonded exploitation.

l

Honour Killing Girls and women are sacrificed for protection of the honour of the family or family members. It is more prevalent in NWFP, South Punjab and Sindh. During 2002, more than 382 lives were sacrificed and girls as young as 3-10 years old were among those killed on the pretext of having illicit relations in Sindh province54.

l

Watta satta or Addo baddo These forms of marriage are practiced not only among the lower classes as paying for a bride is avoided, but also among the middle and upper classes. A woman is given to a man in marriage in return for a woman from bridegroom's family being married to a man from the bride's family. If there is no exchange match available, a pregnant woman in the family pledges to give her child when it is born. These marriages contain the potential for the abuse of two women whose marital happiness depends on the family relations.

(Child Sexual Abuse)

54 55

l

Rape According to the reported cases in 2002, out of 1615 cases of physical and sexual violence reported, 340 were rapes, of these, 287 were sodomy55.

l

Sexual Abuse It is observed that the number of the cases of child abuse is increasing. According to a survey

UNFPA and AFFPD (2003) Violence against Women in South Asia: A Regional Analysis SPARC (2002) The State of Pakistan's Children 2002

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conducted by NCCWD, girls are more likely to be molested by family members, acquaintances and neighbours, whereas the majority of boys were molested by teachers and strangers and the average age of victims of sexual abuse is tended to be very young;10 years old56. l

Child Prostitution Although prostitution is illegal, it is prevalent mostly in the dancing businesses. Brothels are linked to the music and dancing entertainment places. Those girls, who were born in the family of these businesses, are bonded to inherit the job as a prostitute. There are also girls trafficked from other provinces and countries.

(Physical and Psychological Punishment) l

Punishment at Schools Despite of the directives to schools issued by education departments, corporal punishment in schools is still commonly used by teachers as a discipline for children. It is reported that punishment is prevalent in 40.7 % of the government schools and 35.4% of the private schools in NWFP and 57.3% of heads of schools think corporal punishment as necessary at schools57. Slapping and beating with stick are most common types of punishments. It is revealed that punishment is harsher in madrassas58. Punishment is also used in the families and sometimes parents promote punishment at schools for correcting the children's behaviour.

l

Punishment in other places Although whipping was banned in 1996, it continues as a punishment in prisons and in the tribal area.

(Other Violence)

56 57 58 59 60

l

Child Labour According to ILO, 3.3 million children of 5-14 years of age were reported to be economically active out of 40 million children in 1996. Among them, 70% are estimated to be working as unpaid family helpers, followed by 23 % as employees and 7% of selfemployed59. There are also a large number of bonded children to pay off the inherited debts of their parents.

l

Child Soldiers It is reported that recruitment of children in armed groups exist although the laws prohibits children under 18 years to take a direct part in hostilities. Many children estimated as many as 15,00025,000 are reported to be recruited and sent to Jammu and Kashmir, Afghanistan etc after being trained in madrassas60.

OMCT(2003) Rights of the Child in Pakistan-Report prepared for the Committee on the Rights of the Child 34th Session-Geneva NGOs Coalition on Child Rights-Pakistan (2001) Violence against children within the Family and in Schools submitted to the Committee on the Rights of the Child SPARC (2000) Child Rights in Pakistan ILO (2004) Child Labour and Responses Overview Note-South Asia OMCT(2003) Rights of the Child in Pakistan-Report prepared for the Committee on the Rights of the Child 34th Session-Geneva

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Prevention Strategy taken

Good Practices and Interventions by Government and NGOs

142

l

Creation of NCCWD was established in 1980 to follow up the recommendations of the International year of the Child. It reviews national laws and enforcement of CRC through national laws, takes any measures for implementation, monitors the violation of children, reports to CRC, and disseminates information on CRC to public. There are also provincial commissions and they are responsible for monitoring and coordinating with line ministries, departments and NGOs for implementation of CRC.

l

National Core Committee and National Expert Committees on Priority Areas National Core Committee, comprising representatives of the relevant federal and provincial governments and NGOs develops strategies for accelerating implementation of CRC, monitors and feedbacks to NCCWD. There are six national expert committees on six priority areas to review existing legislation and policies, identify gaps, suggest amendments or propose new legislation, and prepare programmes and plans for the implementation of CRC.

l

NPA The National Plan of Action for Children was revised to incorporate views of children after holding 18 consultations with children, and merging the NPA on Child Sexual Abuse and Commercial Sexual Abuse and Exploitation. The NPA is expected to be approved by the cabinet in June 2005.

l

Code of Conduct for Media Reporting NCCWD has introduced a code of conduct for media reporting on issues relating to children in 2003 in collaboration with UNCIEF. It is aimed to safeguard the dignity and privacy of children involved in different cases and at risk of being exploited through inappropriate exposure. .

l

Legal Aid Legal Aid Centres have been set up in the vicinity of borstal jails or the central jails through the efforts of young lawyers. These centres are helping in securing the rights of the child in accordance with the provisions of the CRC.

l

National Project for Rehabilitation of Child Labour By the initiative of the government in collaboration with some NGOs, 33 centres for the rehabilitation of child labour have been established. In these centres, children are provided with basic education, health care and recreation.

l

District Based Monitoring System It was designed with a view to collecting information from the grass roots at the district and community levels from 136 districts in the country. In 2005, with support from UNICEF, the NCCWD will identify child protection indicators, and information based on those selected indicators will be collected.

REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

Relevant Publications

Government of Pakistan (2003) Consideration of Reports Submitted by States Parties under Article 44 of the Convention Second Periodic Report submitted to the Committee on the Rights of the Child (CRC/C/ 15/Add.217) Government of Pakistan (2004) Response to the UN Secretary general's Study on Violence against Children-Questionnaire to Governments ILO (2004) Child Labour and Responses Overview Note- South Asia NGOs Coalition on Child Rights-Pakistan (2001) Violence against Children within the Family and in Schools submitted to the Committee of the Rights of the Child OMCT (2003) Rights of the Child in Pakistan-Report prepared for the Committee on the Rights of the Child 34th Session-Geneva Save the Children (2004) Mapping Save the Children's Responses to Violence against Children in South Asia Region SPARC (2003) The State of Pakistan's Children Report 2003 SPARC (2005) The State of Pakistan's Children Report 2005 SPARC(2000) Child Rights in Pakistan UNICEF and Save the Children Pakistan (2004) Disciplining The Child Practices and Impacts UNICEF ROSA (2001) Corporal Punishment in Schools in South Asia UNICEF ROSA (2001) A Reference Kit on Violence Against Women and Girls in South Asia UNICEF ROSA (2001) Mapping of Advocacy and Capacity Building Materials Addressing Issues of Violence, Abuse and Exploitation of Children in South Asia

Relevant Web site

http://www.sparcpk.org/index.htm (SPARC) http://www.pakistan.gov.pk/women-developmentdivision/informationaandservices/ (NCCWD) http://www.infopak.gov.pk/public country_profile_index.htm (Information of Government of Pakistan)

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Sri Lanka

General Information of the Country61 Population (total) (under 18) (under 5)

19 million 5.7 million 1.5 million

GNP per capita

$ 930

Religion

Buddhist: 76.7% Muslim: 8.5% Hindu: 7.9% Christian: 6.9%

HDI rank

96

Enrolment rate for primary school (net)

Girls: 100% Boys: 100%

GDI rank

73

Mortality Rate (under 1) (under 5)

13 15

Child Protection Indicators62 Child Labour (% of workingchildren aged 5-14)

Total: 15 %

Male: NA

Female: NA

Child Marriage (% of women who got married under 18)

Total: 14

Rural: 15

Urban: 10

Birth Registration (% of less than 5 years old children registered)

Total: NA

Rural: NA

Urban: NA

National Machinery National Focal Point

l

National Child Protection Authority (NCPA)

Key Ministry and related offices

l

Ministry of Justice - Attorney General's Department, Judiciary and Family Counsellors Service, Mediation Boards Commission, Ministry of Defence - Children and Women's Desks of the Sri Lanka Police. Ministry of Women Empowerment and Social Welfare - Probation and Child Care Services, Department of Social Services, Samurdhi Authority Ministry of Health Ministry of Education Human Rights Commission

l l

l l l

Partner NGO and Private Sectors

Don Bosco: Faith based Salesian Organization which provides an effective rehabilitation and vocational job oriented training programme for former victims of child abuse and neglect including former child soldiers at several residential training centres within the island. ESCAPE (Eradicating Sexual Child Abuse, Prostitution and Exploitation): Providing therapeutic and legal victim support services advocacy and awareness raising services.

61 62

UNICEF (2005) The State of the World's Children 2005 except HDI and GDI from UNDP (2004) Human Development Report and Religion from Government of Sri Lanka (http://www.statistics.gov.lk/census2001/ population/text_tabe.htm) UNICEF (2005) The State of the World's Children 2005

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LHRD (Lawyers for Human Rights and Development): operating children's Desk to provide legal aid and assistance to abused children and juvenile offenders; research and advocacy for child rights. PEACE (Protection Environment And Children Everywhere): combating sexual exploitation and abuse of children through victim support in individual cases; advocacy and prevention in high risk areas by counselling and empowering mothers. Sarvodaya: A unique people's self-help organization with a record of over 40 years that takes an integrated holistic approach to development, peace and spiritual re-awakening, focusing on women and children. Residential care for sexually abused girls and support for reintegration. Also specializing in ECD and community development. SERVE(Socio-economical, Ecological, Religious, Virtuous Empowerment ): working against child sexual abuse and commercial sexual exploitation of children focusing on peer education based in schools

Legal Background for Violence Against Children International Laws

CRC Signed on 26 January 1990 and ratified on 12 July 1991 with no reservations Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography Signed on 8 May 2002 but not ratified yet Optional Protocol on the Involvement of Children in Armed Conflict Signed on 21 August 2000 and ratified on 8 September 2000 CEDAW Signed on 17 July 1980 and ratified on 5 October 1981 ILO Convention 182 Ratified on 1 March 2001 SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution Signed on 5 January 2002 and ratified on 31 December 2004 SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia Signed on 5 January 2002 and ratified on 16 June 2003

Domestic Laws

1. Gender-related Violence Specific to Girls (Children and Marriage) Marriage Registration (Amendment) Act No.18 of 1995 It fixes the age of marriage at 18 years. Being underage is a legal bar to the formation of a valid marriage. However, in the Muslim law, it is defined that age of puberty is the legal age for marriage. (Trafficking) Penal Code (Section 360) (amended in 1995) It states that whoever engages in the act of buying or selling or bartering of any person for money or for any

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consideration; for the purpose of promoting, facilitating or inducing the buying or selling or bartering or the placement in adoption, of any person for money or for any other consideration commits the offence of trafficking.

2. Child Sexual Abuse (Sexual Abuse) Penal Code Amendment No. 22 1995 It defines that a man is said to commit rape where he has sexual intercourse with a girl below 16 years of age, with or without her consent unless she is his wife. If physical force or deceit is employed, the act of rape is categorized as the one committed without consent. Sri Lanka is the only country in the region to recognize marital rape and sexual harassment by this amendment. (Child Pornography) Penal Code (Amended in 1998) (Section 286) It punishes any person who hires, employs, assists, persuades, uses, induces, any child to appear or perform, in any obscene or indecent exhibition or show or to pose or model for, or to appear in, any obscene or indecent photograph or film or who sells or distributes, or otherwise publishes, or has in his possession, any such photograph or film (including video recording). It provides punishment to parents, guardians, photographers, photo and film developers who are involved in any such activities.

3. Physical and Psychological Punishment Part V of the Children and Young Persons Ordinance This contains legal provision to deal with cruelty to children as far back as 1939. It was never brought into force. The laws relating to cruelty to children were brought into force by the Penal Code (Amendment) Act No. 22 of 1995. This provision in sec. 308A represents the most comprehensive provision against child abuse and neglect in Sri Lanka. Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act No. 20 1998 The Act prohibits any acts of violence committed against children in both schools and universities.

4. Other Violence (Children at Work) Employment of Women, Young Persons and Children Act No 47 of 1956 It restricts and regulates the employment of children in different settings including that of family labour. Child is defined as below 14 years old.

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Overview of Violence Against Children 1. Gender-related violence specific to girls l

Trafficking It is estimated that 10,000 to 12,000 children are trafficked and drafted into sex work by organized crimes groups63. Many of the children are trafficked from rural area in Sri Lanka. Most of the children trafficked from poor families in rural area of Sri Lanka are engaged in coerced labour and sexual exploitation.

2. Sexual Abuse l

Rape In 2003, a total 753 cases of rape were reported to the Women and Children's Bureau, Sri Lanka Police. The number has been increasing in the last four years64. A large number of these rape cases are cases of statutory rape where the girl is under 16 years of age the age of valid consent to sexual intercourse. Intercourse had taken place within the context of a love affair and in many of these cases the production of a marriage certificate resulted in the withdrawal of the indictment by the Attorney General65.

l

Sexual Abuse In 2003, total 366 cases were reported to the Women and Children's Bureau, Sri Lankan Police as 'unnatural offices and grave sexual abuse'. The number is twice as many as in 200066.

l

Commercial Sexual Exploitation Despite the tightened laws (amendment in 1998), the number of children victimized for commercial sexual exploitation has been increasing. There are nearly 40,000 child sex workers in the country, of which about 10,000-12,000 children are trafficked from rural areas67. It is also reported that 10,000-15,000 boys are involved in commercial sexual work on the beaches of Sri Lanka known as 'beach boys'68.

l

Child Pornography Sri Lanka, as a principal source of child pornography for US and Europe, many children, not only girls but increasing number of boys have been victimized.

3. Physical and Psychological PunishmentPunishment has been recognized as a form of violence and campaigned by the National Child Protection Authority but still very common in schools, homes, institutions, communities and workplace.

4. Other Violence l

63 64 65 66 67 68

Child Labour It is estimated that around 495,000 children of 5-14 years age are working according to ILO which

Save the Children (2004) Mapping Save the Children's Response to Violence against Children in South Asia Region Government of Sri Lanka (2004) Response to the UN Secretary general's Study on Violence against Children-Questionnaire to Governments LHRD Study (Feb 2003) Government of Sri Lanka (2004) Response to the UN Secretary general's Study on Violence against Children-Questionnaire to Governments Save the Children (2004) Mapping Save the Children's Response to Violence against Children in South Asia Region http://www.endchildexploitation.org.uk/issue_sexual_exploitation.asp

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accounts around 15% of total children. It is also estimated that around 5,000 children are trafficked inside the country for labour but with very few numbers of cross border trafficking69.

Programs implemented

69 70

l

Child Soldiers It is estimated that more than 60,000 people were killed in the civil war from 1983-2002 and 40-60% of those killed were children under 18 years old. Some of them have been used as suicide bombers. Even after the ceasefire in 2002, it is reported that more than 3,500 new children were recruited by LTTE (Liberation Tigers of Tamil Eelam).From June 2003, 873 children were released by LTTE, but more than 1700 children are recruited or re-recruited70.

l

Establishment of NCPA The National Child Protection Authority was established in 1998 as an umbrella organization to unify and coordinate the work of 10 line ministries in relation to child protection. Its principal task is the formulation of policy for prevention and protection and to guide and support other service providers.

l

NPA There are three plans being implemented. 1) Public Policy and a National Plan of Action to combat trafficking of children for exploitative employment prepared by the NCPA supported by ILO/IPEC (International Programme for the Elimination of Child Labour 2001), 2) NCPA Plan of Action 20012006 and 3) National Plan of Action for the Children of Sri Lanka 2004-2008 which focuses on education, health, juvenile justice, child labour, child protection and water supply and sanitation, was prepared by Department of Planning, Ministry of Finance and supported by UNICEF pursuant to the World Summit for Children 2002.

l

Reporting Mechanism NCPA monitors implementation of policies and guidelines related to violence against children. Human Rights Commission has also established a mechanism for monitoring the situation of children in different types of detention facilities.

l

District Child Protection Committees (DCPCC) These were pioneered in 1996 with case conferencing in Galle District. The DCPC is a linking mechanism that enables informed decision making relating to in individual child victims by shifting the focus from criminal procedures to therapeutic and multi-disciplinary work. In addition the key DCPC players are trained to manage local child protection concerns through a process of data collection, research and planning.

l

Child Info by NCPA NCPA initiated the project for collecting data on child abuse and maintaining a data-base in 2000 funded by UNICEF.

ILO (2004) Child Labour and Responses Overview Note-South Asia http://hrw.org/english/docs/2004/11/11/slanka9662_txt.htm

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Relevant Publications

l

School Child Protection Committee by NCPA To protect students from all forms of violence at schools, school committees were established in seven schools in Colombo districts under the initiative of NCPA as a two years' pilot project.

l

The Cyber-watch Project by NCPA To prevent the use of Sri Lankan children for pornography and sexual exploitation, the project initiated by NCPA funded by Save the Children Norway, monitors websites patronized by paedophiles.

l

Special Women and Children Police Desks The desks have been set up at 34 police divisional centres. It is being planned to set up Women and Children Unit at every police station.There are women police officers in most of the police stations. Police officers dealing with children have been given some training in law and procedure relating to child abuse and to the treatment of child offenders.

l

School Social Worker by Serve Serve (local NGO) with the support of Save the Children in Sri Lanka, initiated a program to train school social workers for promoting CRCAmong school children, teachers and parents in 2003.

Government of Sri Lanka (2004) Response to the UN Secretary general's Study on Violence against Children-Questionnaire to Governments Government of Sri Lanka (2002) Consideration of Reports Submitted by States Parties under Article 44 of the Convention Second Periodic Report submitted to the Committee on the Rights of the Child (CRC/C/70/Add.17) ILO (2004) Child Labour and Responses Overview Note- South Asia NCPA (2003) Corporal Punishment of Children- Is It Really Necessary? NCPA (2003) NCPA Report 2002-2003 Parenting Skills - Nayomi Kannangara and Piyanjali SoysaSave the Children Norway: Caring for separated Children: An approach from Eastern Sri Lanka, Ananda Galappatti Save the Children (2004) Mapping Save the Children's Response to Violence against Children in South Asia Region Shyamala Gomez and Mario Gomez (2002) Sri Lanka The Law's Response to Women Victims of Violence (UNICEF Working Paper) UNICEF ROSA (2001) Corporal Punishment in Schools in South Asia UNICEF ROSA (2001) A Reference Kit on Violence Against Women and Girls in South Asia UNICEF ROSA (2001) Mapping of Advocacy and Capacity Building Materials Addressing Issues of Violence, Abuse and Exploitation of Children in South Asia

Relevant Web site

http://www.childptotection.gov.lk (NCPA) http://www.statistics.gov.lk/census2001/population/ text-tabe.htm (Government of Sri Lanka)

150

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Violence at Home Gender based violence l

l l l

l

l

Conduct awareness raising campaigns and education programmes through strengthened formal and non formal education on rights issues to change attitude at home and break the cycle of intergenerational violence. Implement policies and programmes to discourage the system of dowry and establish community support system for the protection of married girls. Increase awareness of boys and girls about sexuality and provide psychosocial support through rehabilitation homes for girls subject to sexual violence and other kinds of violence Conduct legal audit in selected areas e.g. inheritance, divorce, marriage to identify and address male bias through a participatory and educative process, involving the community and policy makers Establish programmes to break the culture of silence through help lines and involvement of neighbours and relatives and establish community based councils to deal with home based violence, balancing responsibility in addressing gender based violence between state and family Conduct research on identifying the root causes of home based violence and promote responsible and gender sensitive reporting by the media.

Child Sexual Abuse l l

l

l

Review of existing laws against child sexual abuse for boys and girls (with focus on family) at a regional level, including the customary laws and systems for implementation. Strengthen and build capacity of the parents associations, mother and father groups, on parenting techniques and work with elder sisters, brothers, and friends for child protection at family level. Work with men and boys on prevention of child sexual abuse and gender based discrimination Strengthen and build capacity of children’s task force/ group against child sexual abuse including awareness raising, prevention and action using peer to peer techniques and child friendly methods. Regular qualitative and quantitative data collection of child sexual abuse in family and other settings for advocacy and strategising mechanisms for protection and prevention of child sexual abuse.

Physical and Psychological Punishment l

l l l l l

Harmonize national laws on violence against children with CRC and develop specific and clear laws which urgently, explicitly prohibit all violence against children in the family and other settings, and establish child friendly protection services to enforce and implement this legislation Repeal any existing defences that can be used to justify physical and psychological punishment Strengthen existing social safety nets and structures that provide services to children and the existing family and community support mechanisms that protect children Awareness raising and capacity building on the rights of the child for law enforcement officials, educational professionals, health professionals, faith leaders and community elders Provide the community (parents, teachers, faith leaders, other professionals) with information and training on non-violent child rearing alternatives and techniques of positive discipline Establish a database and carry out research on prevalence studies and on the effectiveness of child protection services

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REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

Violence in Schools Gender based violence l l

l l l l

Legal reform and revision of penal code to include sexual harassment and sexual attacks in schools and ban all forms of corporal punishment Include gender violence in education conferences, teacher training and in head teacher manuals and provide comprehensive school counselling and guidance programs, involving teachers, students and parents Include gender equity promotion and equal participation as part of the curriculum and child-friendly schools, as well as life skills education- saying ‘no’ to adults Provide home based and community based recovery services (by NGOs, civil society and government) Provide games for girls, sports for boys, and peer clubs, child to child programmes. Collect base line data and annual reports on gender related incidents; monitor through CRC bodies

Child Sexual Abuse l l

Include CRC in teachers training curricula as well as action against child sexual abuse and life-skills (including sexual health issues, gender relations, masculinities) Establish child protection policies in schools, develop a monitoring mechanism and involve children in developing action to address child sexual abuse, through child clubs, child to child programs, and peer counsellors.

Physical and Psychological Punishment l l l l l l l

Pass and implement laws banning corporal punishment and promote child participation in parliaments Increase budget allocations on education Include training on positive discipline methods in teacher curricula and address the causes of violent behaviour of teachers and students Re-align methodologies and structures based on a national cultural basis, link systems between policies and children Involve parent-teacher association, increase child and youth fora participation in setting school rules and provide or expand counselling services/social work in schools Provide child friendly learning (including life skills programmes) and learning spaces and address congestion in schools Carry out research and monitoring on attendance and drop out rates

Violence in Institutions Gender based violence l l l l l

Ensure that proper infrastructure is put in place to make laws, policies and programmes functional by 2010. Provide more financial allocation and improvement in norms, up scaling of effective practices Creation of state, civil society, family, national commissions for women and children Increase gender mainstreaming and gender sensitive training at all government levels and support attitudinal change in institutions More research on and strong monitoring of gender based violence

154

REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

Child Sexual Abuse l l l l

Improve/establish child friendly adolescent health care system/ departments/ wards in hospitals and set appropriate minimum standards of professional care. Separate “institutions” for rehabilitation of children in conflict with the law including community based structures and provide child friendly legal aid schemes for children. Train government officials at the local and district level on CRC and action against child sexual abuse. Registration of all child care institutions monitored by independent bodies.

Physical and Psychological Punishment l

l l l l l

l

Actively and responsively review laws to address gaps between present laws and CRC and other human rights instruments and provide effective implementation and monitoring so that impunity is broken Divert children to other services rather than criminalizing them by putting them in the juvenile justice system Increase awareness about CRC and reporting mechanisms such as help lines and other service provisions that provide ways to report violence Provide protection and training on child friendliness and approachability in all institutions to sensitise people who work to help victims of abuse Focus on victims in counselling and protect them from stigmatisation, while also keeping track of perpetrators Have independent research and monitoring bodies for research and dissemination on effective practices and regular monitoring, and provide an ombudsmen as deterrence and to monitor abuse Increase networking between all levels of government down to grassroots and strengthen judiciary to be active and responsive

Violence in the Community Gender based violence l l l

l

Reform laws and legal procedures on violence against girls through a participatory and educative process Strengthen institutional and organizational frameworks at the community level Close the gap between the community and government through: l establishment of child friendly courts, l children desks at police stations l Social department centers l Village committees Positive and constructive engagement with religious bodies to induce a revolution from within

Child Sexual Abuse l

l

Develop specific laws to address child sexual abuse beyond rape and incest to also include sexual harassment, etc., establish fast track child friendly courts for all children’s cases and a witness protection system for children. Involve civil society members, especially religious leaders, community leaders and political leaders in programmes to address child sexual abuse and encourage UN and bilateral/ development agencies for the development of awareness and advocacy material targeting all stakeholders, including professional and civil society members.

155

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l

Support children’s collectives/organisations and other community based monitoring systems to monitor violation against children and the means to address this.

Physical and Psychological Punishment l

l l l

l

l l

Reform adoption procedures, harmonize national laws with CRC and establish child friendly procedural laws, legally define punishment and violence, and establish criminal liability of the community Public litigation in child protection and prevention of violence against children needs to be seen as advocacy tool as well as a means to deter perpetrators. Provide strong information and human rights education campaigns for judiciary and police Promote structures like the Child Welfare Commission in Afghanistan and the National Child Protection Authority in Sri Lanka as well as capacity building for people working with children, across the region Awareness raising on prevention through public information campaign, training of teachers, parents, etc. including addressing some of the larger problems such as impact of media, substance abuse, globalisation, Monitoring mechanisms and baseline data required to support advocacy, as well as increased attention on disabled children and on HIV/AIDS and discrimination Reporting mechanisms should be child friendly and children should be part of existing programs on rehabilitation and (medical) recovery.

Prevention l l l

Child friendly school curriculum. Child protection issues must be integrated at the ‘panchayat’ level or other decentralised levels Compulsory birth registration and registration of marriages

Areas of research l

On impact of media, effect of alcoholism, displacement, migration, impact of disasters on children and situations of stress that increase children’s vulnerability to all forms of violence.

Violence in the Work Place Gender based violence l l

l

l

State should provide legal safeguards for children’s rights to protection from violence. Child labour should be addressed as a labour issue and employers should be made aware of violence against children in work places and be trained in non violent ways of supervising children’s work. Posters and other awareness raising material highlighting violence in workplaces and rights of the child labourer should be placed in workplaces and opportunities for education and vocational training should be provided to working children. Collect data on child labourers, their conditions and threats to their well being to inform policy and reform measures.

Child Sexual Abuse l

Review national and regional child labour laws to address violence and sexual abuse in the workplace, including domestic child work.

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Physical and Psychological Punishment l l l

Children should not be in the workplace- but if necessary, should have a minimum age Define hazardous work that children cannot do in line with international standards Have alternative places where children can stay while parents work.

Cross-cutting Recommendations l l

l l l

l l

Accountability and monitoring of implementation of laws Develop and allocate resources for infrastructures to support the implementation of the legislation (such as improving the health services – including mental health services, transition homes, legal aid to children, birth registration programme etc). Capacity building of all stakeholders of the judicial process, (including juvenile justice system, etc) Improve coordination and networks between all organisations within the region working on child rights and influence them to address child sexual abuse. Legal awareness and capacity building amongst people using people/child friendly information/material - in local languages and make media a partner in addressing and advocating prevention of child sexual abuse Support children’s initiatives and groups on awareness raising and child centred advocacy and produce child friendly and age specific material in country specific languages Appoint an ombudsperson for children.

157

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158

ANNEXES Annex I:

Annex II:

Annex III:

Annex IV:

Annex V:

Annex VI:

Agenda — South Asia Regional Consultation on Violence Against Children

161

List of Participants South Asia Regional Consultation on Violence Against Children

165

Concept Paper South Asia Regional Consultation on Violence Against Children

175

Inaugural Session South Asia Regional Consultation on Violence Against Children

181

Welcome Speech by H.E. Ms. Zubaida Jalal, Ministry of Social Welfare and Special Education, Government of Pakistan

181

Speech by Prof. Paulo Sergio Pinheiro, Independent Expert, Secretary General's Study on Violence against Children

185

Speech by Mr. Mohamed Naseer Director, SAARC Secretariat

189

Key Note Address by Begum Sehba Pervez Musharraf, First Lady of Islamic Republic of Pakistan

195

Review of South Asia Regional Consultation on Violence Against Children

197

Country Presentations Afghanistan Bangladesh Bhutan India Maldives Nepal Pakistan Sri Lanka

203 203 205 208 212 216 221 224 228

Annex VII:

Annex VIII:

Breakaway Session Presentations and Recommendations

231

Violence Against Girls in South Asia Resource Person: Ms. Nasreen Haque

231

Sexual Violence Against Children Resource Person: Prof. Harendra De Silvia

245

Physical and Psychological Punishment Resource Person: Mr. Mark Jordans

269

Closing Session Welcome Remarks By H.E. Ms. Zubaida Jalal, Minister for Social Welfare and Special Education 285 Impressions By Prof. Pinheiro Independent Expert, UN Study on Violence Against Children

287

Presentation of the Summary of the Consultation By Ms. Cecilia Lotse, Regional Director, UNICEF Regional Office for South Asia

288

Concluding Remarks By H.E. Mr. Shaukat Aziz, Prime Minister of Islamic Republic of Pakistan 290 Annex IX:

Country Action Points

293

Annex X:

Terms of Reference of South Asia Forum for Ending Violence Against Children

303

Children's Consultaion on Violence Against Children

305

(i) Agenda

305

(ii) Highlights of Children Consultation

306

(iii) Statement by Children and Young People

309

Annex XI:

160

ANNEX I

AGENDA South Asia Regional Consultation on Violence Against Children

Thursday, 19 May 2005 10:00 – 10:30

Arrival and Registration

10:30 – 10:45

Guests to be seated

10:45 – 11:00

Arrival of the Chief Guest Inaugural Session: Recitation from the Holy Quran Welcome H.E. Ms. Zubaida Jalal, Minister for Social Welfare and Special Education, Representative from Host Government of Pakistan Secretary-General’s Study on Violence against Children Prof. Paulo Sergio Pinheiro, Independent Expert, Secretary-General’s Study on Violence against Children Address Mr. Mohamed Naseer, Director, Social Affairs, SAARC Secretariat Key Note Address Chief Guest, Begum Sehba Pervez Musharraf, First Lady of Islamic Republic of Pakistan Inaugural Event (Release of Message Balloons by the Chief Guest)

11:45 – 12:00

Tea/Coffee Break

12:00 – 12:10

Review of Agenda

12:10 - 13:30

Regional Review: Chair: Cecilia Lotse, Regional Director, UNICEF Regional Office for South Asia Presentation of Regional Study on Violence against Children in South Asia Presented by Mr. Peter Newell, Member, Editorial Board, UN Secretary General’s Study on Violence Against Chldren 12:10 – 12:30 Children and Young People’s Perspectives on the Regional Study Representatives of Children and Young Participants 12:30 – 12:45

161

REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

Plenary Discussion 12:45 – 13:30 13:30 – 14:30

Lunch Break

14:30 – 15:30

Country Presentations and Discussions: Violence against Children – Issues, Responses, Gaps, Challenges Chair: Dr. Neena Raina, Regional Advisor for Adolescent Health, WHO South East Asian Regional Office

Afghanistan: Bangladesh: Bhutan: India:

14:30 – 14:45 14:45 – 15:00 15:00 – 15:15 15:15 – 15:30

Plenary discussion and concluding remarks by Chair 15:30 – 16:00 16:00 – 16:15

Tea / Coffee Break

16:15 – 18:15

Country Presentations and discussions: Violence against Children – Issues, Responses, Gaps, Challenges Chair: Ms. Wan-Hea Lee, Acting Regional Representative, Asia-Pacific UNHCHR

Maldives 16:15 – 16:30 Nepal 16:30 – 16:45 Pakistan 16:45 – 17:00 Sri Lanka 17:00 – 17:15 Plenary discussion and concluding remarks by Chair 17:15 – 17:45 Reception Dinner - Hosted by Government of Pakistan

162

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Friday, 20 May 2005 09:00 – 12:30

Breakaway Session:

Group 1:

Gender Related Violence Specific to Girls Chair: Mr. Mattias Bryneson, Regional Child Rights Advisor, Plan Asia Regional Office 09:00 – 09:35 Thematic Presentation followed by discussion: Resource Person: Ms. Nasreen Haque, Country Director, Action Aid Bangladesh

Facilitator: Ms. Maria Rashid, ROZAN, Pakistan *09:35 – 11:15 Five Sub-Groups: Discussion on Gender related Violence specific to Girls in five different settings: family, community, school, institutions, work place (accountability, monitoring, child participation, follow up and Action Plan) 11:15 – 12:30 Summation of discussion on five different settings by Facilitator Group 2:

Child Sexual Abuse Chair: Ms. Lena Karlsson, Global Adviser for Violence against Children, Save the Children - Sweden 09:00 – 09:35 Thematic Presentation followed by discussion: Resource Person: Prof. Harendra De Silva, Chairperson, NCPA, Sri Lanka

Facilitator: Ms. Rita Panikar, Butterfly, India *09:35 – 11:15 Five Sub-Groups: Discussion on Child Sexual Abuse in five different settings: family, community, school, institutions, workplace (accountability, monitoring, child participation, follow up and Action Plan) 11:15 – 12:30 Summation of discussion on five different settings by Facilitator Group 3:

Physical and Psychological Punishment Chair: Mr. G. Pramod Kumar, Senior Advocacy & Communication Officer, UNDP Regional HIV and Development Programme, RCC, Colombo 09:00 – 09:35 Thematic Presentation followed by discussion: Resource Person: Mr. Mark Jordans, International Project Coordinator,

* 10:30 -10:45: Tea/Coffee Break

163

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Transcultural Psychosocial Organization, the Netherlands (based in Kathmandu, Nepal) Facilitator: Ms.Zehra Kamal, ROZAN, Pakistan *09:35 – 11:15 Five Sub-Groups: Discussion on Physical and Psychological Punishment in five different settings: family, community, school, institutions, workplace (accountability, monitoring, child participation, follow up and Action Plan) 11:15 – 12:30 Summation of discussion on five different settings by Facilitator 12:30 – 14:30 Lunch Break 14:30 –16:30

Plenary: Presentation by the three Breakaway Sessions (Gender Related Violence Specific to Girls; Child Sexual Abuse; Physical and Psychological Punishment) followed by discussion (Each Group: 15 minutes presentations followed by 15 minutes discussion) Chair: Ms. Chandni Joshi, Regional Programme Director, UNIFEM South Asia Regional Office

16:30 – 16:45

Tea / Coffee Break

16:45 – 17:30

Closing Session: Recitation from the Holy Quran Welcome Remarks H.E. Ms. Zubaida Jalal, Minister for Social Welfare and Special Education, Islamic Republic of Pakistan Presentation of the Summary of the Consultation Ms. Cecilia Lotse, Regional Director, UNICEF Regional Office for South Asia Concluding Remarks H.E. Mr. Shaukat Aziz, Prime Minister of Islamic Republic of Pakistan

17:30 – 18:00

Press Conference

Saturday, 21 May 2005 Working Session on Implementation Modalities: (To be attended by Technical Group only) 12:30 –-13:30 Lunch Break 09:00 – 12:30

* 10:30 -10:45: Tea/Coffee Break

164

ANNEX II

LIST OF PARTICIPANTS South Asia Regional Consultation on Violence Against Children Islamic State of Afghanistan

11.

Government: 1. H.E Sayed Ekramuddin Massomi Minister Ministry of Labour and Social Affairs

Children and Young Participants: 12. Mr. Wajehullah Badakhshan

2.

13.

Mr. Mansor Ahmad Kabul

14.

Ms. Noorjahan Akbar Kabul

15.

Ms. Niloufar Chaperone

3.

Mr. Timor Shah Ishaqzai Deputy Minister Ministry of Youth Affairs Mr. Mohammad Ismail Amarkhail UN Department Ministry of Foreign Affairs

4.

Mr. Haji Sultan Mohammad Govt. of Islamic State of Afghanistan

5.

Ms. Suraya Hakim Director, Orphanages Ministry of Labour and Social Affairs

6.

Mr. Abdul Qayoum Administrative Officer Juvenile Rehabilitation Centre Ministry of Justice

UNICEF 16. Mr. Ibrahim Sesay Child Protection Officer UNICEF Afghanistan 17.

7.

Mr. Namatullah Mojaddedi Third Secretary Embassy of Afghanistan, Pakistan

NGOs: 8. Ms. Palwasha Abed Child Rights Coordinator Save the Children, UK 9.

10.

Mr. Fazel Jalil Senior Programme Officer Save the Children, Sweden Mr. Ghafoor Qaderi Director Just for Afghan Capacity and Knowledge (JACK)

Mr. Mohammad Yousaf Director, ASHIANA

Ms. Fawzia Koofi Assistant Child Protection Officer UNICEF Afghanistan

People’s Republic of Bangladesh Government: 18. Mr. Mohammad Abdur Rashid Sarkar Secretary in Charge Ministry of Women and Children’s Affairs 19.

Mr. Muhammad Abul Quasem Joint Secretary Ministry of Women and Children’s Affairs

20.

Mr. Md. Abdul Karim Joint Secretary Ministry of Social Welfare

21.

Mr. A.T.M. Mustafizur Rahman Joint Secretary Ministry of Mass and Primary Education

165

REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

22.

Mr. Dilder Ahmed Deputy Secretary Ministry of Home Affairs

NGOs: 23. Mr. A.T.M. Zakir Hossain Executive Director Jagrata Juba Shangha (JJS) 24.

25.

26.

27.

35.

Ms. Tshering Dolkar Joint Director, Department of Youth Culture & Sports, Ministry of Education

36.

Major (Ms.) Kesang Choeden Superintendent, Crime Branch, Royal Bhutan Police

37.

Mr. Ngawang Phuntsho Director, Dratshang Lhentshog (Central Monastic Body)

38.

Mr. Kuenlay Tshering Director Department of Legal Affairs

Mr. Ratan Sarkar Executive Director INCIDIN Bangladesh Ms. Nargis Akhtar Senior Facilitator Protection of Working Children Unit Ain O Salishi Kendra (ASK) Ms. Mayeeda Choudhury Chairperson Breaking the Silence Mr. Mahmud Hasan Project Coordinator Community Development Centre

Children and Young Participants: 28. Atia Ferdousi Chaity 29.

Mr. Md. Shaidul Islam (Shanto)

30.

Ms. Dolly Akhtar

31.

Ms. Jubaida Akhtar Chaperone

32.

Mr. Ahmed Fuad Chaperone

UNICEF 33. Mr. Ghassan Khalil Chief, Child Protection UNICEF Bangladesh

NGOs: 39. Ms. Yandey Penjor Director, Youth Development Fund 40.

Children and Young Participants: 41. Ms. Ugyen Lhamo Lhazin 42.

166

Mr. Tenzin Rabgye

UNICEF 43. Ms. Anoja Wijeyesekera Country Representative UNICEF Bhutan

Republic of India Government: 44. Ms. Rajini Patel Chairperson Central Social Welfare Board (CSWD) 45.

Ms. Loveleen Kacker Joint Secretary Department of Women and Child Development Ministry of Human Resource Development

46.

Mr. R. K. Ojha Deputy Secretary Department of Women and Child

Kingdom of Bhutan Government: 34. Dr. Rinchen Tshering Chophel Executive Director, National Commission for Women & Children

Mr. Kelzang Tenzin Private Sector Representative

REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

Development Ministry of Human Resource Development 47.

Mr. J. S. Kochher Director, Child Welfare Ministry of Social Justice and Empowerment

NGOs: 48. Dr. Brendan Mac Carthaigh SERVE, Kolkata 49.

Ms. Sangeeta Punerkar ADWAIT FOUNDATION, Mumbai

50.

Ms. Bharti Ali HAQ, Delhi

51.

Ms. Jyotsna Chatterji India Alliance for Child Rights, Delhi

Academician: 52. Prof. N.R. Madhava Menon Director National Judicial Academy Bhopal, India UNICEF 53. Mr. Eimar Barr Deputy Director of Programmes UNICEF India 54.

55.

Ms. Sudha Murali Child Protection Officer UNICEF Hyderabad Ms. Anu Dixit Child Protection Officer UNICEF India

Republic of Maldives Government: 56. H.E Zahiya Zareer Minister for Gender Family Development and Social Security

57.

Dr. Aishath Shiham Director Unit for the Rights of Children MGFDSS

58.

Ms. Aisha Shujune Muhammad Assistant Legal Officer Juvenile Court Ministry of Justice

59.

Ms. Jameela Ali Khalid Superintendent of Education Ministry of Education

60.

Mr. Mohamed Rishwan Sub-Inspector Family & Child Protection Unit Maldives Police Service

NGOs: 61. Ms. Aminath Shimla Assistant Special Educator Care Society 62.

Ms. Siyanath Hashim Counsellor Society for Health Education

63.

Ms. Fiunaz Waheed FASHAN

Children and Young Participants: 64. Mr. Abdullah Yameen 65.

Ms. Hawwa Nashfa

66.

Mr. Mohamed Shakoor Chaperone

UNICEF 67. Mr. Mohamed Naeem Project Officer - Child Protection UNICEF Maldives

Kingdom of Nepal Government: 68. H.E. Durga Shrestha Minister for Ministry of Women, Children and Social Welfare

167

REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

69.

Mr. Shyam Sundar Sharma Joint Secretary Ministry of Women, Children and Social Welfare

82.

Dr. Sara Karim Joint Secretary Ministry of Law, Justice and Human Rights

70.

Mr. Ram Sworup Sinha Joint Secretary Ministry of Women, Children and Social Welfare

83.

Mr. Athar Saeed Bil Chief Ministry of Health

84. 71.

Mr. Trilok Prasad Shrestha Section Officer Ministry of Home Affairs

Mr. Altaf Hussain Agral Senior Joint Secretary Ministry of Interior

85. 72.

Mr. Paban Timilsena HMG Nepal

Mr. Hassan Mangi Director, National Commission for Child Welfare and Development

NGOs: 73. Ms. Sumnima Tuladhar CWIN

86.

Dr. Haroona Jatoi Joint Educational Adviser Ministry of Education

74.

87.

Mr. Ashraf Ali Khan Joint Secretary Ministry of Social Welfare and Special Education

Mr. Devendra Ale CVICT

Children and Young Participants: 75. Ms. Sonu Danuwar 76.

Mr. Khamba Bahadur Karki

77.

Ms. Ranjana Paudel Chitwan

78.

Ms. Khila Nath Niraula Chaperone

79.

Ms. Purnskala Koirala Chaperone

UNICEF 80. Ms. Noriko Izumi Child Protection Officer UNICEF Nepal

NGOs: 88. Ms. Manizah Bano Secretary, SAHIL 89.

Ms. Tracey Wagner Rizvi National Office Coordinator Society for the Protection of the Rights of the Child (SPARC) Islamabad.

90.

Ms. Baela Jamil Chairperson, Idara-e-Taleem-oAagahi, Lahore

91.

Mr. Zia Ahmed Awan President Lawers for Human Rights and Legal Aid (LHRLA)

92.

Dr. Ghaffar Biloo Chairman HANDS, Karachi

Islamic Republic of Pakistan Government: 81. H.E Ms. Zubaida Jalal Minister for Social Welfare and Special Education

168

REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

93.

Dr. Tufail Muhammad President, Pakistan Pediatric Association (Child Rights and Abuse Committee) Peshawar

Children and Young Participants: 94. Ms. Quratulain Chakwal 95.

Mr. Muhammad Jafar Hussan Peshawar

96.

Mr. Mohammad Waris Quetta

97.

Ms. Sonia Bibi Islamabad

98.

Ms. Somia Karachi

99.

Mr. Iftikhar Ahmed Chaperone

100. Ms. Dur-e-Shehwar Chaperone 101. Mr. Haroon Ur Rasheed Chaperone 102. Ms. Nusrat Chaperone 103. Ms. Rukshana Iqbal Chaperone 104. Mr. Shahriyar Khan Translator

UNICEF 105. Mr. Omar A. Abdi Country Representative UNICEF Pakistan 106. Ms. Silvia Pasti Chief, Child Protection and Adolescence Empowerment UNICEF Pakistan

107. Ms. Riffat Sardar Project Officer, Child Protection UNICEF Pakistan

Democratic Socialist Republic of Sri Lanka Government: 108. H. E. John Seneviratne Minister Ministry of Justice 109. Mr. W.H.W. Soysa Additional Secretary Ministry of Women Empowerment and Social Welfare 110. Mr. Suhada Gamlath Secretary Ministry of Justice 111. Mr. H.M. Sunil Padmashantha Provincial Commissioner of Probation and Child Care Services

NGOs: 112. Ms. Suneetha Fernando Manager Operations Sarvodaya Suwasetha Sewa Society Ltd. 113. Mr. Rajitha Sanjeeva De Mel Executive Director, SERVE 114. Father Dixon Fernando Father In-Charge Don Bosco Murunkan 115. Dr. W. M. S. Fernando Executive Director Sri Lanka Sumithrayo 116. Dr. D. S. Rajasingham Director. ESCAPE

Children and Young Participants: 117. Ms. Pramudi Karunarathne

169

REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

118. Ms. Nithyavani Kandasami 119. Mr. Tharaka Madumal

131. Ms. Sreelaksmi Akula Researcher on Boy Prostitution ECPAT Hyderabad, India

120. Mr. Thangaval Sritharan 121. Mr. E. A. Rizvi 122. Ms. Kumudu Perera Chaperone 123. Mr. Priyantha Premasiri Chaperone

UNICEF 124. Mr. Sajeeva Samaranayake Project Officer – Child Protection UNICEF Sri Lanka Coordinating Group Members 125. Ms. Chandni Joshi Regional Programme Director UNIFEM South Asia Regional Office New Delhi, India 126. Ms. Archana Tamang Regional Program Coordinator UNIFEM SA Regional Office New Delhi, India 127. Ms. Sangeeta Thapa Officer-in-Charge/ Senior National Programme Officer UNIFEM-NFO, Kathmandu, Nepal 128. Ms. Saktida Singh Consultant Nepal Programme Office, UNIFEM Kathmandu, Nepal 129. Mr. Anil Raghuvanshi Deputy Director - Programme and Admin. ECPAT International Bangkok, Thailand 130. Ms. Salima Sarwar Association for Community Development ECPAT Bangladesh

170

132. Ms. Lena Karlsson Global Adviser for Violence and Exploitation Against Children Save the Children - Sweden Sweden 133. Ms. Mali Nilsson Global Adviser for Violence and Abuse Against Children Save the Children - Sweden Sweden 134. Mr. Mehmood Asgher Country Manager Save the Children Sweden Pakistan 135. Mr. G. Pramod Kumar Senior Advocacy and Communications Officer, UNDP Regional HIV and Development Programme, RCC Colombo, Sri Lanka 136. Ms. Wan-Hea Lee Acting Regional Representative for Asia-Pacific Officer of the United Nations High Commissioner for Human Rights Bangkok, Thailand 137. Dr. Neena Raina Regional Advisor Adolescent Health & Development WHO/SEARO New Delhi, India 138. Mr. Mattias Bryneson Regional Child Rights Advisor Plan International Shanta Bhawan Road Kathmandu, Nepal 139. Mr. Saleem Malik Child Rights Coordinator Plan Pakistan Islamabad, Pakistan

REGIONAL STUDY ON VIOLENCE AGAINST CHILDREN IN SOUTH ASIA

140. Ms. Ramrajya Joshi Programme Support Manager Plan Pakistan Islamabad, Pakistan 141. Mr. Joost Van Der Aalst Regional Representative Regional Office for West Asia International Organization for Migration Islamabad, Pakistan 142. Ms. Sudha Pant Nepal Programme Officer UNFPA CST Kathmandu, Nepal

SAARC 143. Mr. Mohamed Naseer Director, Social Affairs SAARC Secretariat Kathmandu, Nepal Bilaterals 144. Mr. Shoaib Tayyab Senior Program Manager AusAID Australia High Commission Islamabad, Pakistan

Group: Violence Against Girls Resource Person: 148. Ms. Nasreen Haque Country Director Action Aid Bangladesh Dhaka Facilitator: 149. Ms. Maria Rashid ROZAN Islamabad, Pakistan.

Group: Physical/Psychological Punishment Resource Person: 150. Mr. Mark Jordans Transcultural Psycho-Social Organisation The Netherlands, International Project Coordinator, CVICT, Kathmandu Facilitator: 151. Ms. Zehra Kamal ROZAN Islamabad, Pakistan

Young Resource Person for Children’s Consultation:

145. Mr. Julian Schweitzer Sector Director Human Development World Bank HQ Washington DC, USA

152. Ms. Yarlagadda Ganga Bhavani Regional Advisor, Child Participation and Positive Discipline, Save the Children Sweden Regional Programme for South and Central Asia, Kathmandu, Nepal

Resource Persons and Facilitators for Working Groups

153. Ms. Shikha Gihildyal Child Rights Adviser Plan International Nepal Country Office Kathmandu, Nepal

Group: Child Sexual Abuse Resource Person: 146. Professor Harendra de Silva Chairman National Child Protection Authority Colombo, Sri Lanka. Facilitator: 147. Ms. Rita Panicker Director, Batterfly, India

154. Ms. Naomi Dawn Alfini Consultant, Save the Children Sweden South and Central Asia, Kathmandu, Nepal 155. Ms. Shirin Niaz Principle Trainer Save the Children Sweden Pakistan

171

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156. Mr. Saghir Bukhari Save the Children Pakistan

UN Secretary General’s Study on Violence Against Children 157. Professor Paulo Sergio Pinheiro Independent Expert, Secretariat, The Secretary General’s Study on Violence Against Children Geneva, Switzerland 158. Ms. Amaya Gillespie Secretariat, The Secretary General’s Study on Violence Against Children, Geneva, Switzerland 159. Mr. Marcelo Daher Secretariat The Secretary General’s Study on Violence Against Children UNICEF Geneva, Switzerland 160. Mr. Peter Newell Member Editorial Board The Secretary General’s Study on Violence Against Children

164. Mr. Gopalan Balagopal Senior Adviser, Child Protection UNICEF Headquarters New York 165. Ms. Cecilia Lotse Regional Director UNICEF Regional Office for South Asia, Kathmandu 166. Dr. Serap Maktav Regional Child Protection Adviser UNICEF Regional Office for South Asia Kathmandu 167. Mr. Martin Dawes Regional Communication Officer UNICEF Regional Office for South Asia, Kathmandu 168. Ms. Susan Durston Regional Education Officer UNICEF Regional Office for South Asia Kathmandu 169. Dr. Maurice Robson Chief, Education Section UNICEF Pakistan

161. Mr. Ravi Karkara Save the Children Sweden Advisor Participation of Girls and Boys Secretariat The Secretary General’s Study on Violence Against Children Geneva, Switzerland

170. Ms. Julia Spry - Leverton Communication Officer UNCIEF Pakistan

Others

172. Ms. Huma Khawar Consultant, Communication Section UNICEF Pakistan

162. Ms. Verronica Yates CRIN

UNICEF 163. Ms. Malika Abrous Desk Officer, South Asia UNICEF HQ New York

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171. Mr. Abdul Salim Malik Communication Officer UNICEF Pakistan

173. Ms. Mercuria Ferreera Bejemino Conference Organiser (Consultant) UNICEF Pakistan

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174. Ms. Michiko Ono Assistant Programme Officer UNICEF Regional Office for South Asia Kathmandu

176. Ms. Esther van der Woerdt Consultant UNICEF Regional Office for South Asia Kathmandu

175. Mr. Evan Rai Programme Assistant UNICEF Regional Office for South Asia Kathmandu

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ANNEX III

CONCEPT PAPER South Asia Regional Consultation on Violence Against Children Background The UN Secretary General’s Study on Violence against Children

The UN Secretary General’s Study on Violence against Children is a global initiative mandated by the General Assembly in 2001 (resolution 56/138) following a recommendation from the UN Committee on the Rights of the Child. The recommendation called for an in depth international study on violence against children that, “should lead to the development of strategies aimed at effectively preventing and combating all forms of violence against children, (and) outlining steps to be taken at the international level and by States to provide effective prevention, protection, intervention, treatment, recovery and reintegration”. The Secretary-General of the United Nations appointed an Independent Expert, Professor Paulo Sergio Pinheiro to lead the Study, with direct support from the Office of the High Commissioner for Human Rights (OHCHR), the United Nations Children’s Fund (UNICEF), and the World Health Organization (WHO). The Study will also rely on the broad participation of a range of other United Nations organizations, non-governmental organizations, and other parts of civil society, including national human rights institutions and others. The active involvement of children and young people will be a key feature of the process.

Objectives of the UN Study The UN Secretary General’s Study aims to provide an in-depth global picture of violence against children and propose clear recommendations for the improvement of legislation, policy and programs relating to the prevention of and responses to violence against children. It will document the magnitude, incidence and consequences of various types of violence against children according to locations including in the home and family, in the streets, in schools, in child institutions, and in the work place. For each type of violence against children addressed, the study will also review what is known about the causes and associated risk and protective factors. Gender and discrimination issues will be considered as overarching concerns. Its focus will be on prevention strategies, in particular through the identification of best practices in prevention, including those designed by children. It will also survey legal responses to violence and services for children who have been its victims, again including interventions designed by children; furthermore, the study will describe the evidence demonstrating which interventions work, which are promising, and which have been shown to be ineffective. The study will also seek to generate sharing approaches to the issue, in particular from a South-to-South perspective.

Process and methodology The main processes for gathering information for the Study include: l Government questionnaire: More than 70 Governments have responded to an official prepared by Professor Pinheiro. l Regional consultations: involving all governments will be held during 2005 which aim to ensure that Member States and all parts of civil society pay increased attention to violence against children. These consultations are expected to involve inputs from sub-regional and national activities.

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l l

Call for public submissions: is expected to attract inputs from academics and institutions, NGOs and civil society. Participation of children and young people: Special emphasis will be placed on the participation of children and young people with leadership from Save the Children Alliance.

Outputs of the Study The final outputs of the UN Study will be a short report for the Secretary General to provide to the General Assembly in 2006. There will also be a comprehensive ‘popular’ publication and a child friendly version of the report.

South Asia Regional Coordinating Group and Steering Committee

In South Asia, the “South Asia Coordinating Group against Commercial Sexual Exploitation and Trafficking of Children and Women in South Asia” was established in 31 March 2004 to follow-up on and work towards the Mid-Term review of the Yokohama Global Commitment on Commercial Sexual Exploitation of Children. Represented by regional agencies/organizations: SAARC Secretariat, ECPAT, International Save the Children Alliance, ILO, IOM, UNAIDS, UNDP, UNFPA, UNICEF, UNIFEM, UNESCAP, USAID and International Federation of Terre des Hommes, the “South Asia Coordinating Group Against Commercial Sexual Exploitation and Trafficking of Children and Women in South Asia” in its meeting on 23 July 2004, agreed to coordinate regional initiatives towards the UN Study on Violence against Children and to expand the participation by including WHO, UNOHCHR, PLAN International and other specialized I/NGOs working in the region. In the same meeting, the Coordinating Group also established a Steering Committee (working group) with representatives from UNICEF, WHO, Save the Children, ILO, UNOHCHR and UNIFEM to be responsible for ensuring the preparations towards the Regional Study, National and Regional Consultation for the UN Study on Violence. Tasks for the Coordinating Group The overall objective for the Coordinating Group is to coordinate and support the South Asian countries’ participation in the UN Study on Violence against Children through a three tier initiative: Regional Study, National Consultations, and South Asia Regional Consultation on Violence against Children. The specific tasks of the group are to: l Ensure information sharing regarding the UN Study and other areas of violence including Commercial Sexual Exploitation of Children (CSEC) and Child Sexual Abuse (CSA) among the member agencies, Governments, NGOs, and children and young people in South Asia; l Stimulate and enhance the networking among agencies, organizations, corporate sector, public authorities and civil society including academic institutions, NGOs, and media in South Asia to combat violence against children; l Support the National Consultations; l Organize the Regional Consultation in collaboration with the agencies, governments of South Asia and l Ensure the meaningful participation of children and young people in the regional study, national and regional consultations and follow-up activities; l Raise and mobilize funds to support and follow-up the regional and national processes for the UN Study.

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Tasks for the Steering Committee The overall objective for the Steering Committee is to serve as a technical working committee in preparing the framework of the regional study, and national and regional consultations. The specific tasks of the committee are to: l l l

l

Compile the documents, information related to UN study on violence and to develop an archive on violence against children available on the web site; Develop the framework for the Regional Study, including drafting of TOR Ensure progress in planning for the national and regional consultations by developing the concept note for the Consultations, and the adequate representation and participation in the consultations; Develop the child-friendly information for children to ensure their participation.

South Asia Regional Study And Consultations 1. Regional Study on Violence against Children Objectives of the Study The Regional Study will be a desk review taking stock of the studies, documents and good practices available in the region. Based on the available documents, the regional synthesis will highlight the issues, interventions, good practices, gaps and challenges in relation to violence against children in the region.

Process of Regional Study Based on the agreed outline and terms of references by the Coordinating Group, the regional study, a desk review, will focus on three major areas: l l l

Gender related violence specific to girls Child sexual abuse Physical and psychological punishment

The regional report will review these three focus areas within the five settings identified in the UN Study: l l l l l

Home/family School/education Institutions (shelters, orphanages, child care institutions, prisons, etc.) Communities (street children, children in conflict with law) Workplaces

In addition to this matrix of three focus areas and five settings, the report is expected to highlight the legal frameworks and enforcement mechanisms; causes; current trends; interventions; good practices and gaps. The agencies with their main work against violence in the different settings will collect and collate the available documents/research for the three focus areas, with inputs provided by all other Coordinating Group agencies (UNFPA, UNDP, UNIFEM, ECPAT, UNESCO, UNHCR, UNHCHR, UNESCAP, and TdH) as follows: l l l l l

Home/family: Save the Children, WHO School/education: UNICEF Institutions: Save the Children, UNICEF Communities: WHO, Save the Children Workplace: ILO

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The draft chapters thus prepared by the above agencies, by 20 January 2005 with all references, will be compiled into a regional synthesis by a consultant, by end February 2005. The regional report is expected to be used in the subsequent national and regional consultations.

2. National Consultations towards the Regional Consultation Objectives The objective of the National Consultations, to be organized in the eight South Asian countries, including Afghanistan, is to provide a forum to discuss the issues of violence against children based on the responses to the questionnaire, the prevailing forms of violence, its causes, and review interventions, gaps and challenges. The consultation is expected to increase the attention and commitment of the state, civil society and other stakeholders to confront violence against children and to identify country specific actions and strategies for their implementation.

Expected Outcome l Validation of regional synthesis l Review of the situation of violence against children based on the national analysis, progress made and gaps, challenges, and priority areas that need addressing l Identification of strategies and accelerated actions to ensure that violence against children is combated, with country based recommendations, contributions into the regional consultation; l Establishment of national and local level mechanisms for monitoring and collaboration. Participants The national consultation is expected to bring together government officials (under the leadership of the Ministry of Social Welfare/Women and Child Development, the relevant ministries of finance, planning, education, health, law, etc.), civil societies, including national human rights institutions, academic institutions, media, religious leaders, children/young people, UN agencies and I/NGOs, and other stakeholders. Two agencies of the Coordinating Group will attend each national consultation.

Date and Venue April 2005

3. South Asia Regional Consultation Objectives The broad objective of the regional consultation will be to review the situation of violence against children in the region, analyse legal frameworks, good practices and to come up with recommendations for a regional action plan that addresses the priority issues to collectively combat violence against children in the region. Another output of the regional consultation will be to provide inputs into the UN Global Study on Violence in the form of regional perspectives and recommendations. Meaningful participation of children and young people will be factored into this level of consultation as with the national consultations.

Expected Outcomes The main outcome of the consultation will be a regional statement/agenda for action on: l

Overview of the situation of violence against children in South Asia, based on the regional study and national and regional analyses of the priority issues,

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l l l

Identification of the priority/accelerated actions and recommendations for the regional agenda for action Establishment/strengthening of national and regional monitoring/follow-up mechanisms Agree on the Regional Agenda for Action

Participants The South Asia Regional Consultation is estimated to have around 150 participants (including 2-3 children and young people and 1 chaperone per country). Participants will be representatives of: l l l l l l l l

Government delegations from South Asian countries, led at ministerial level, including up to three (3) senior and technical officials SAARC Secretariat United Nations Agencies INGOs, and regional/national NGOs Bilateral agencies Children and young people Experts/resource persons Opinion formers/media

Dates and Venue The South Asia Regional Consultation for the UN Study on Violence against Children is scheduled for 19-21 May 2005, to be preceded by a two-day Children and Young People’s consultation on 17-18 May 2005, in Islamabad, Pakistan.

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ANNEX IV

INAUGURAL SESSION

Address by Mrs. Zubaida Jalal Federal Minister for Social Welfare and Special Education at Inaugural Session of the South Asian Regional Consultation on Violence against Children Marriott Hotel, Islamabad on 19th May 2005

Bismillah Hir Rehman Nir Rahim

The Honorable First Lady of Pakistan, Mrs. Sehba Pervaiz Musharraff. Distinguished Federal Ministers Excellencies, Foreign Ministers, Ms. Cecilia Lotse, Regional Director, UNICEF ROSA Mr. Omer A. Abdi, Representative UNICEF, Pakistan Distinguished Guests, Loving Children, Ladies and Gentlemen,

Assalam-o-Alaikum,

It is a matter of great privilege for me to welcome you at this Regional Consultation on ‘Violence against Children’. The meeting is significant because we are going to address a deep-rooted malaise which is threatening the well-being of our children. There is accumulating evidence that children, the world over are victimized by violence in their homes, schools, institutions, and in communities. These violations of child rights have serious and life long repercussions for children. The problem is pervasiveness and its presence is spread across geographical, cultural, religious and socio-economic boundaries. Ignorance and denial of violence against children alongwith societal beliefs has sheltered this abuse and protected the perpetrators.

Ladies and Gentlemen,

Today’s Consultation is the result of a global initiative to combat violence against children. It started with United Nations Secretary General’s appointing of Mr. Paulo Sergio Pinheiro as an independent expert for carrying out a global study while focusing on its key aspects such as violence against the girl child, child sexual abuse and physical and psychological violence. The study is unique in its approach, as it will take into account magnitude, incidence and consequences of various types of violence against children according to various locations. Its strength will be in focusing on prevention strategies through identification of best practices and surveying of legal practices and services available for child victims. Besides, identification of best interventions strategies will also make this exercise valuable for South Asian countries that share same problem. Protection of Children has always been the inspiration for human kind throughout the generations and this is formally enshrined in the Quran as a special social and state

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responsibility. Children, because of their vulnerability, need special care and protection, and the responsibility of their survival, protection and development lies on us, the adult society. The idea of protecting their rights through a dynamic prism is a tremendous challenge. I think there is no task nobler than working for a world fit for children and giving them a better future.

Ladies and Gentlemen,

In Pakistan, efforts to ensure the protection and development of children started soon after passing a resolution proclaiming 1979 as the International Year of Child (IYC) by the UN General Assembly in December 1976. The Government appointed a National level Committee for Observance of International Year of Child. The Committee recommended setting up of the National Commission for Child Welfare and Development (NCCWD). On 16th December 1980, the Government established National Commission for Child Welfare and Development (NCCWD). In 1990, the Government of Pakistan ratified the Convention on the Rights of the Child. Since then, we have been striving to implement our commitments under the Convention and other regional and international obligations. Pakistan was among the prime movers of the World Summit for Children convened in 1990, which gave the “First Call for Children” in the form of international targets for the development of children in the 1990’s. As follow up of the World Summit, a National Programme was prepared in 1990 and End Decade Review Report was also prepared to review the progress of this plan. This report was shared with UN in Special Session on Children held in May 2002, to review global progress. Now before us is the outcome document of the UN in Special Session on Children “A World Fit for Children” in the shape of new commitments and targets for the next decade. The National Commission for Child Welfare and Development has prepared a comprehensive National Plan of Action for Children through consultative process with all stakeholders and children. We are also signatory to the Stockholm Agenda and Yokohama Global Commitments Against Commercial and Sexual Exploitation. In order to translate these commitments, a National Plan of Action for Combating Commercial Sexual Exploitation of Children (CSEC) and Child Sexual Abuse (CSA) has been prepared. Besides, the government has also reviewed 78 child related laws. At the regional front, Pakistan is signatory to the SAARC Convention on Regional Agreements for the Promotion of Child Welfare in South Asia and SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution. These SAARC commitments have been duly reflected in the SAARC Social Charter 2004, giving the region a renewed hope for realization of our targets and aspirations through social, political, economic stability and human happiness.

Ladies and Gentlemen,

I can assure you that there is no better investment than investing for the cause of children. I urge South Asian countries to inculcate in their values and practices, the best interest of the children. The general public, the media, the Civil Society, the NGOs and International Organizations should come forward to join hands with the Government and invest in children for their welfare and development. Children proportionately make a higher percentage of the total population in South Asian countries. As such, they naturally deserve a higher proportion of national attention and resources, which are well utilized in service of children’s holistic

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needs. The history of humankind is primarily a history of preparing each succeeding generation to perform better than the preceding generation in all aspects of life. We also need to critically look at our strategies and programmes from this point of view. We should continuously ask ourselves if the strategies and programmes that we are evolving for the children would help them in becoming a better generation than ours. If not, the programmes should be re-evaluated and re-designed.

Ladies and Gentlemen,

While concluding, I will first thank Begum Sahiba, for her presence that is reflective of our government’s acceptance of the issue and a strong commitment and willingness to eradicate it with support from all quarters. The First Lady of Pakistan is also here because of her personal involvement and commitment of working for children. This gesture will have long lasting impact on the efforts of all of us in addressing the call for Children First. Madam, indeed, we all are deeply encouraged by your presence here. We are very thankful to the Federal Ministers for their presence here. It is encouraging to see that we have strong political commitment for taking exceptional steps for the protection, welfare and development of children. I also thank the Ministers and members of foreign delegations and representatives of national and international organizations for their participation in this consultation and I hope that their deliberations and valuable discussions will lay the foundation for joint and well coordinated steps towards ending violence against children. UNICEF ROSA and UNICEF Pakistan took extra-ordinary measures towards the organization of this event. We also thank them for their support. Let me also emphasize the need to sensitize the media in promoting child rights awareness, at a faster pace. Media is the most powerful medium of communicating messages to the masses and thus creating awareness and sensitization on child rights as a whole. I urge upon the media personnel to invest more energies for ensuring awareness on child rights. With these words I once again thank you all for being here and look forward to your invaluable contributions.

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INAUGURAL SESSION

United Nations Secretary General’s Study on Violence Against Children Statement by the Independent Expert, Mr. Paulo Sergio Pinheiro to the Opening of the South Asian Regional Consultation for the United Nations Secretary-General’s Study on Violence against Children Islamabad, 19 May 2005

Excellencies, colleagues from the United Nations system, representatives from the civil society, ladies, gentlemen and young people. The South Asian Regional Consultation on Violence against Children is the second regional meeting that is being held by the study between March and July this year. These consultations are being held all over the world and are organized with the support of UNICEF, in coordination with the OHCHR, WHO and other local partners. Firstly, I must acknowledge the commitment of the Government of Pakistan in generously hosting this meeting and in collaborating with the study. I am also happy to recognize the commitment to fight violence against children by the South Asian countries demonstrated not only through the high level presence and representation from different Ministries in this Regional Consultation, but also by the excellent National level Consultations already held in countries such as Bangladesh, Bhutan and Sri Lanka. I also thank the collaboration of the UNICEF Regional Office for South Asian and of the South Asia Coordinating Group Against Sexual Exploitation and Trafficking of Children and Women that together organized this meeting. The meaningful participation of children in forums as this one is important to understanding the issues from their unique point of view. Their inputs will provide us with insight and fresh perspectives in the fight against and prevention of violence against children.

Ladies and Gentlemen:

Even if the vast majority of the world publicly disapproves of violence against children, violence remains too common and still unrecognized. It is present in every country, frequently invisible and cutting across boundaries of culture, class, education, income, ethnic origin and age. Every society – no matter the cultural, economic or social background - can stop violence against children.

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The massive ratification of the Convention on the Rights of the Child by 192 States (out of the 194) is a landmark for recognition of Human Rights at the international level and clearly reflects the commitment of those States to respect and promote the positive development and protection of children. The Convention on the Rights of the Child has had a definite impact on the situation of children around the world, by enhancing mechanisms for their protection and respecting their best interests. The South Asian region, for instance, has shown great strides in and commitment to stopping sexual exploitation. I am aware of the very successful outcomes related to the 2nd World Congress against Commercial Sexual Exploitation of Children and Child Sexual Abuse, and that 2001-2010 was declared the ‘SAARC Decade of the Rights of the Child’. There are also remarkable achievements obtained by The South Asia Coordinating Group against Commercial Sexual Exploitation and Trafficking of Children and Women in support of the work that countries are doing at the national level.

“Children are not mini human beings with mini human rights. As long as adults continue to regard children as mini-human beings, violence against children will persist”. Every boy and girl, as any human being, must have their rights completely respected to develop with dignity. Any form of violence can only undermine their development. As you are probably aware, in 2000 and 2001, the Committee on the Rights of the Child devoted two days of general discussion to the theme of violence against children, and as a result of those discussions, recommended that the Secretary-General be requested, through the General Assembly, to conduct an in-depth international study on violence against children. In February 2003, I had the honour to be appointed to take on this challenging role to lead this global study. A coordinating group formed by the Office of the High Commissioner for Human Rights, UNICEF and WHO was also established to support the endeavour. The UN Study on Violence against Children was conceived not only to gather information, breaking down the walls of silence that frequently surround the problem of violence against children, but also to build feasible recommendations on how to address and prevent the occurrence of violence against children based on experience in different areas of the world. Breaking the silence does not mean merely compiling shocking stories, but requires continuous efforts to understand the root causes of violence, the factors that allow it to occur frequently and most importantly, the effective ways to adequately prevent and respond to this violence, where it occurs. We can’t wait to see violence occurring to act, many successful initiatives already showed that much violence is absolutely preventable. As described in the concept paper prepared subsequent to my appointment, the study will approach the various types of violence against children by concentrating on the different settings where it may occur. It will pay special attention to violence in homes and within the family, in the community, in schools, in care and residential institutions, in detention facilities and prisons and in the administration of justice. I am aware that in many of the countries in the region, children are suffering from the consequences of armed conflict or other forms of violence. There is no doubt that armed conflict is important to the context in which other forms of violence occur, however the study will work with Mr. Olara Otunnu and Special Rapporteurs, rather than duplicate their efforts, including building on the excellent global study conducted by Ms. Graça Machel on children in

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armed conflict. Related issues such as violence against child-asylum seekers and refugees will be addressed by the study. Many boys and girls displaced from their communities have increased vulnerability to violence and comprehensive preventive strategies need to be urgently developed to tackle this problem. The definition of violence that I have fixed for the study is based on that used in WHO World Report on Violence and Health combined with article 19 of the CRC. I consider violence to be much broader than physical alone – it includes the wider notion of psychological and verbal forms of violence, and humiliating and degrading treatment. Also for the purposes of the study, as set out by the article 1 of the Convention, “Children” are understood as “[e]very human being below the age of eighteen years unless, under the law applicable to the child, the majority is attained earlier.” The responses to the Questionnaire for Governments prepared especially for the study are an important source of information: to date I have received the impressive number of 97 responses. I am extremely grateful for the responses submitted by Bangladesh, India, Pakistan and Sri Lanka and I understand that Afghanistan will follow soon. I encourage the other countries in the region to do the same. While the questionnaire is aimed at governments a separate call for public submissions has been made to encourage experts, civil society organizations and other institutions to provide us with additional information on specific aspects of violence against children. I urge you to take advantage of this opportunity and I look forward to receiving your inputs before 30 June.

Ladies and Gentlemen:

I understand that the situation of violence against children and women in the home and family setting was raised through various national consultations. The perception that families, schools and other institutions have an unquestionable authority to use the methods and forms of punishment they choose to raise their children needs to be challenged. This situation harms children and threatens our future: all violence caused to a child will reflect in the development of this human being with consequences to that child and the society as a whole. Allowing physical and psychological chastisement of a child in their home and in our schools, or accepting the use of degrading treatments against adolescents in conflict with the law by state agents are examples of clear violations of human rights that must be combated by all available means. Of course, when I am speaking about combating the various forms of violence, I am not speaking about merely punishing eventual perpetrators, but I am talking about developing initiatives to change the hearts and minds of society. For example, it is important to give other instruments to deal with child discipline excluding physical chastisement. It is also crucial to develop comprehensive strategies to tackle the root causes that may be associated with violence such as the exclusion of girls from the school system and significant economic inequalities. In all countries of the world it is difficult to discuss the sensitive and emotional issues of violence against children. The preparation of a truly global picture and which seeks to propose effective and clear recommendations requires the support and active participation of a vast number of networks, especially those working in the field, directly with children, and children

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themselves. It is also essential to establish solid links with key actors for change, who can follow up the recommendations of the report. Your efforts at the national level consultations are commendable, and already brought together a cross section from various sectors of government and civil society as promoted the participation of children. Let’s continue and expand this experience! I have been moved to see the motto “Wipe away of the tears” and its visual representation here. It sums up in a powerful way our commitment to end the pain in the lives of children, which is the message that each of us in takes away from Islamabad. Thank you.

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INAUGURAL SESSION

Statement by Mr. Mohamed Naseer Director, SAARC Secretariat At the Inaugural Session of the South Asia Regional Consultation on Violence Against Children 19-20 May 2005, Islamabad

Hon’ble Chief Guest, Begum Sehba Pervez Musharraf, First Lady of Pakistan, Her Excellency Ms. Zubaida Jalal, Minister for Social Welfare and Special Education of the Government of Pakistan, Hon’ble Ministers, Prof. Paulo Sergio Pinherio, Independent Expert, UN Secretary General’s Study on Violence Against Children, Ms. Cecelia Lotse, Regional Director, UNICEF, Distinguished Participants, Ladies and Gentlemen. 1. It is indeed a great honour to represent the SAARC Secretariat at this august gathering of the South Asia Regional Consultation on Violence Against Children. I have the pleasant task to convey the warm greetings of the SAARC Secretary General, H.E. Mr. Chenkyab Dorji and his best wishes for every success in your deliberations. The Secretary General, who would have been very much liked to be present personally at this very important event, has asked me to express his commendation to the Government of Pakistan and the UNICEF Regional Office for South Asia for jointly convening this important and very timely Regional Consultation. SAARC attaches particular importance to this event, as it is being organized to review the situation of violence against children in South Asia, based on the Regional Study as well as the National Consultations held. 2. We are particularly honoured to have with us on this occasion Begum Sehba Parvez Musharraf, First Lady of Pakistan. Her presence at this Inaugural Session not only signifies the importance of this event but also reflects the commitment that she and her country attach to preventing and combating violence against the Children. We keenly look forward to her Inaugural Address, which, I am certain, will set the tone for a very fruitful and productive Consultation. 3. Ever since SAARC and UNICEF signed a Memorandum of Understanding in 1993, the two organizations have been holding regular consultations in ameliorating the condition of children in South Asia. These consultations have primarily focused on the preparation of the Annual Report on the Situation of Children in the South Asia and the implementation of decisions of the SAARC Ministerial Conferences on Children. The three Ministerial Conferences on Children organized under the joint auspices of SAARC and UNICEF have not only highlighted the need and merit of common endeavors of the

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two organizations to address the specific concerns of children but have also enabled them to identify measures to promote the survival, development, protection, health, nutrition and education of children. Excellencies, Distinguished delegates, 4. South Asia is home to a quarter of the entire global population of children. The sheer magnitude of their helplessness, combined with their extreme poverty, calls for comprehensive and coordinated efforts in the survival, protection and development of children in the region. 5. Ever since the launching of the regional cooperation in South Asia, Children and Women issues figures prominently on the agenda of SAARC. The development of Children and women was one of the five original areas of cooperation identified by SAARC Member States as early as 1981, which even precedes the formal launching of SAARC in December 1985. 6. Recognizing the importance of welfare of children in South Asia, there has been a heightened level of political commitment to address it. 7. During the Ninth SAARC Summit held in Male’ in May 1997, the Leaders launched the “SAARC Decade of the Rights of the Child”, from the year 2001 to 2010 to reaffirm their commitment to improve the status of children in disadvantaged circumstances, including those orphaned, disabled and or exploited in the region. They recognized that the problems of these children are inextricably linked to the prevailing socio-economic conditions and problems of the region and called for a holistic approach to address them. At the same Summit, the Leaders also called to eliminate the evil of child-labour from the region by the year 2010 A.D, including the call for stringent measures to protect children from all forms of exploitation. Following the directive of the Summit the Member States are undertaking the appropriate activities in observance of the “SAARC Decade of the Rights of the Child”. This year we are planning to undertake the mid-term review of the SAARC Decade. 8. As a result of this declared commitment, the Eleventh Summit held in Kathmandu in January 2002 is regarded as the regional breakthrough in addressing the plight of Children and Women with the signing of two landmark Conventions – The SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution and; the Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia. 9. Allow me to say few words about these two Conventions. The SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution underscores the seriousness of the heinous crime of trafficking in women and children, its incompatibility with the dignity of human beings and the need for establishing effective regional cooperation to prevent it. References are drawn to the Convention for the Suppression of Trafficking in Persons and of the Exploitation of Prostitution of Others, Convention on the Elimination of All Forms of Discrimination against Women, International Covenant on Civil and Political Rights, the Convention on the Rights of the Child and Beijing Platform of Action.

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10. Article 1 of the Convention elaborates on the definitions of some key terms. It defines prostitution as “sexual exploitation or abuse of persons for commercial purposes” and trafficking as “moving, selling or buying of women and children for prostitution” irrespective of the element of consent of the “persons subjected to trafficking”. Repatriation has been defined as “return to the country of origin of the person subjected to trafficking across international frontiers”. This article has attracted intense scrutiny from many quarters. The common concern appears to be the protection of human rights as their violations are arguably both the cause and effect of trafficking. It has been pointed out, that the focus of the article is on trafficking for sexual purposes and risks diverting attention away from others such as forced labour. It has therefore been suggested that reference to prostitution be dropped from the title of the convention. Amendments to the definitions of repatriation have been suggested to include return to the place of residence of the trafficked persons. While these observations are cogent it has be stressed here that the convention has been negotiated over a long period and judiciously crafted so that it enjoyed the regional support vital for its very survival. 11. The purpose of the convention is to promote cooperation among member states to deal with various aspects of prevention, interdiction and suppression of trafficking in women and children, and their repatriation and rehabilitation. Member states will have to address the issue of making the repatriation process voluntary to avoid reprisals and ostracism. Since there has been a shift in the meaning of the word “rehabilitation” to that connoting criminality, deviance or even disability, “reintegration” seems to capture the essence of the original purpose of “rehabilitation”. Reintegration envisions a process through which the state supports and assists the victim to realise her/his social and economic rights without discrimination. 12. Though the convention does not specify punitive measures it calls upon the state parties to prescribe appropriate and stringent penalties under its respective criminal law taking into account the grave nature of the crime of trafficking. Several aggravating circumstances have been spelt out which make the offences particularly grave. These include the involvement of organised criminal groups, use of violence, abuse of public authority and previous conviction. The convention provides for confidentiality of the child and women victims and their legal and counselling needs. 13. As trafficking usually takes place across international borders, regional cooperation in investigations and legal proceedings would be very effective in countering its menace. The convention therefore calls for collaboration in taking evidence, provision of information, location of persons, conducting search and seizures and service of documents. It also calls for cognisance of offences it covers as extraditable infractions. Article VII attempts to plug a potential loophole that could arise in the absence of an extradition treaty between two countries. It calls for the State parties to consider the Convention as the basis for the extradition process. In countries where laws do not permit extradition of its nationals the convention requires to prosecute them. 14. Article VIII deals with the measures to prevent and interdict trafficking in women and children. The thrust of the measures is to empower concerned authorities with adequate information and expertise to effectively counter trafficking. The importance of promoting awareness of the problem of the trafficking and its underlying causes are stressed. It urges closer supervision of employment agencies, as it is a fact many victims are lured by

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deceptions. Concerns have been raised however, that the rights of the people to migrate must not be compromised in the effort to stifle trafficking. A very important feature of this article is to ensure implementation of the provisions of the convention through the formation of a Regional Task Force. The Task Force will engage in periodic reviews, which will be necessary to sustain regional cooperation in an important area. 15. The Convention finally calls for the State parties to provide suitable care and maintenance of the victims of trafficking. Their need for legal advice, health care and counseling are also covered. Provisions have been included for protective homes, which are required to shelter and rehabilitate the victims. Member states are required by the convention to work out modalities so that the process of repatriation is expeditious. It has been recognised that members of the civil society can play a collaborative role with the governments in helping the victims. Some NGO’s have pointed out that difference in needs among the children themselves and from adults are important considerations while addressing the issues of rehabilitation, health care and legal support to the victims. 16. I shall now invite your attention to the Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia. The peramubular paragraphs highlight the relevant international instruments relating to children with particular reference to the commitment of the State Parties to the UN Convention on the Rights of the Child. It refers to the Universal Declaration of Human Rights and underlines the special needs of Children. This part of the Convention brings to sharp focus the need for concerted regional action for securing their right, which is crucial for social development and human progress. 17. Concerns that Child rights perspective must be maintained are addressed by the inclusion in Article 1 wherein, it is specified that “Rights of the Child” mean the rights of children as enunciated in the UN Convention on the Rights of the Child. The Convention calls for cooperation among State Parties to work towards development and protection of the full potential of the South Asian Child taking into account their changing needs. There are opinions that different needs, perceptions and experiences of the children must be taken into account. Others feel that the ‘girl child’ must receive special consideration in the convention. While these views may be convincing it would be fair to point out that the provisions of the convention do not preclude or jeopardise them. 18. The Convention recognises that survival, protection, development and participatory rights of the child are linked inextricably to human rights, economic progress and social development. Further, it emphasises on the commitment of the State Parties to the Convention of the Rights of the Child while upholding the interests of the child. This provision has an enabling significance, as the SAARC member countries are signatories to the UN Convention on the Rights of the Child (CRC). As the body of national laws and bilateral and multilateral agreements of the State Parties grow the convention is expected to form the basis for their formulations. 19. The Convention calls upon the State Parties to pursue National Programmes of Actions for the development of the Child with emphasis on education, health care, malnutrition and ultimately the survival of the Child. Under Article IV the national laws are required to protect the child from discrimination, abuse, exploitation, degrading treatment, trafficking and violence. Not only does it address the working environment of the child it prescribes the total elimination of the detestable practice of child labour from the region. Mindful of the child’s best interests, careful consideration is given to promotion of the child’s sense of dignity and his/her integration into

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the society. Suitable mechanisms have been recommended whereby children can seek information and due weight is given to their views in matters affecting them. In this regard, the issue of protecting children from harmful information needs to be addressed. Regional cooperation has been spelt out in the area of a South Asian nutrition initiative and human resource development for the promotion of child rights and development. 20. In contrast to the trafficking convention this convention elaborates on the need for cooperation with UN agencies, other international bodies and Non-Government Organisations in the fulfilment of the objectives of the Convention. Both the Conventions call upon the State parties to ensure their implementation through legislative and other measures including allocations of resources, while carefully underlining the fact that they do not prejudice existing national laws. The latter is an important provision, which may greatly facilitate the ratification process. The positive role of the media is recognized in the two conventions. 21. The Conventions will enter into force when the seventh Instruments of Ratifications are deposited with the Secretary General of SAARC. Two State Parties are yet to ratify the conventions. Since ratification processes are dissimilar in the Member States all the Instruments are expected to be deposited in the fullness of time. The two conventions require the ratification by all the Member States, effectively conferring on each of them the ‘veto power’. The importance therefore, of the need of a smooth passage for ratification by all the countries cannot be overemphasized. 22. These two conventions have attracted considerable attention of a diverse group of organisations, civil societies and individuals. While there is a clear support for the conventions it seems there are concerns about some inadequacies and anomalies perceived in them. Since these well-intentioned views reflect the general anxiety that the conventions must be comprehensive and remain effective they deserve serious consideration. However, caution must be exercised that in the enthusiasm to refine the letter of the Convention its spirit must be preserved. The Leaders in their wisdom anticipated such a situation for the Trafficking Convention and authorised a review conference to consider broadening its scope. Improvement of the Conventions may perhaps be best achieved by incorporating the suggested changes through agreed protocols that could later be form part of the Conventions. 23. Another important document that would contribute towards the improving of the status of children is the SAARC Social Charter. At the Twelve Summit held in this city of Islamabad in January 2004, the Leaders signed the Social Charter, which has given a welcome boost to the rich social agenda of SAARC, which has been developed by SAARC over the years. The Charter would develop beyond national plans of action, a regional dimension of action including a specific role for SAARC. It focuses on drawing up targets with a broad range to be achieved across the region, among others areas, the promotion of the rights and well being of the Child. 24. SAARC Leaders have clearly recognised the critical role of the UN and other multilateral and bilateral agencies including non-governmental bodies in furthering regional cooperation. In collaboration with UNICEF and UNIFEM, SAARC Secretariat has already prepared and presents the report by Secretary General to the Council of Ministers on measures for effective implementation of the Conventions. While political commitment for

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cooperation has been established in many priority areas, it can be best addressed through specialist approach and treatment. This is where SAARC can draw on the collective experience, expertise and resources of these organisations. It is most likely that their missions and purposes will overlap with the specific needs of regional cooperation making such collaboration mutually fruitful. 25. To conclude, I would like to reiterate our sincere gratitude and appreciation to the Government of Pakistan and UNICEF Regional Office for South Asia for the generous hospitality extended to me. I would kike to take this opportunity to commend UNICEF for the various initiatives taken to advance the cause by protecting children against violence and abuse around the world. I particularly appreciate the efforts of Ms. Cecelia Lotse, Regional Director for South Asia, Dr. Serap Maktav, Regional Child Protection Advisor and their able team for their central role in guiding the SAARC region towards improving the status of children in South Asia. 25. I wish the Regional Consultation every success.

Thank you!

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INAUGURAL SESSION

Speech by Honorable First Lady, Islamic Republic of Pakistan, Mrs. Sehba Pervaiz Musharraf for Inaugural Session of the South Asian Regional Consultation on Violence against Children 19 May 2005, Islamabad, Pakistan

Mrs. Zobaida Jalal, Federal Minister for Social Welfare and Special Education Distinguished Federal Ministers Excellencies Ms. Cecilia Lotse, Regional Director, UNICEF ROSA Mr. Omar A. Abdi, Representative UNICEF, Pakistan Dearest Children Ladies and Gentlemen It is indeed my proud privilege to be part of the Regional Consultation on Violence against Children. The theme of this conference is very close to my heart as it concerns the wellbeing of our children. The landmark event gives us an opportunity to bring forward problems, which presently confront the children around the world. I am positive that discussions in the working sessions will contribute to the UN Secretary General’s study on the subject.

Ladies and Gentlemen,

Violence against children is a major concern for civilized nations, it has a grave impact on their personality; leading to changes like low self-esteem humiliation, guilt and anger. A healthy childhood needs love, affection and care. I firmly believe that no society and religion approves of violence against children. Parents have a commitment towards upbringing and grooming of their children. “The Prophet Muhammad (peace be upon him), was the most affectionate caretaker of children. He raised the status of children in general and particularly of the girl child.”

Ladies and Gentlemen,

The future of a nation rests in the future of children. The proportion of child population in Pakistan is around 48%. As such it is incumbent on the state to ensure the wellbeing of this major portion of population particularly for their protection and development. More than a decade ago Pakistan, along with five other countries organized the largest World Summit of Children in history of the United Nations. Within the framework of the Child Rights Convention, the outcome comprised an agenda for survival, protection and development of children. More so Pakistan’s commitment found expression at the Millennium Summit where the President of Pakistan reaffirmed “We have a duty ….. to all the World’s people, especially the most vulnerable and in particular, the children of the world, who are the future.”

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The Government is fully alive to its responsibilities. However, there is a need for coordinated efforts towards betterment of children and creating an environment conducive for their grooming. I call upon the entire society, the NGOs, the international development partners and media to play their role for improving the life of the children. Now a few words for our special guests, the children. Indeed: “You are our future”. We honour you for your talent, courage and desire of excellence. We expect that you will continue to explore new avenues and play a leading role in making our society free from exploitation, abuse and violence. You must remember that everyone of us is there to support you in this endeavour. In the end, I would like to appreciate the efforts of the organizers for this international event; which is central to the development of the region. I warmly thank all the distinguished delegates for their participation and wish them all the best in this three-day regional consultation. I believe that the depiction of a child on the backdrop with tears rolling down on cheeks is true presentation of state of the children. We have to wipe their tears and transform their gloomy faces into happy ones. We have to kindle the flame of hope and a better tomorrow in them. May Allah help us and guide us in serving the cause.

I thank you all Pakistan Paindabad.

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ANNEX V

REVIEW OF South Asia Regional Report on Violence Against Children Regional Study on Violence against Children in South Asia Summary by Peter Newell

As we have heard this morning, the UN Secretary General’s Study is human rights based. All acts of violence against children are violations of their fundamental and equal right to respect for their human dignity and physical integrity. The UN Study is encouraging every region and every state to review what is known about violence against children, as a basis for agreeing on action needed at all levels. I have been asked to summarise the Regional Study, commissioned by the South Asia Coordinating Group, as a prelude to hearing reports from each of the eight States this afternoon, and then tomorrow debating the action needed to prevent and eliminate violence. The Regional Study summarises the clear legal obligations to protect all children from all forms of violence – obligations which all states in the region have accepted, under the key international human rights instruments and in particular under the Convention on the Rights of the Child. We are not talking about doing favours to children, but about fulfilling the promises that States have made to them and to all citizens. Regionally, SAARC too has developed Conventions reflecting and promoting international standards and governments have made commitments at other consultations. To start on a positive note, the Regional Study identifies some of the protective features and traditions of the region: strong, positive childrearing traditions, including the care offered by extended families (albeit diminishing, particularly in urban areas). The Study highlights institutional developments in a number of countries, placing children’s rights and needs at the heart of government, and in most cases with a special focus on child protection. National plans of action cover protection from all forms of violence to varying degrees, and Action Plans to combat commercial sexual exploitation are in place. Child rights training – targeted both at children and at various service-providers – is developing, as are some initiatives aiming at empowerment of children, and especially girls, to protect themselves from violence. Support services for child victims of violence do exist but are rare. As the report notes: “Sadly, there are many child victims of violence that have few options to deal with their trauma besides suffering in silence”. There have been considerable efforts by governments and others on advocacy and awareness-raising campaigns – but little evaluation, as yet, of their impact. Reviewing legal frameworks, the report finds deviations from the international human rights standards throughout the region. In all states, corporal punishment remains lawful in the home. In fact, the law actually defends “moderate” or “reasonable” beating of children. As an aside, I must apologise for the origin of this law in the common law of my own country, England, where it still persists. In most states in the region, corporal punishment is also lawful in schools, other institutions and penal systems for young offenders. As another example, children in some but not all states are legally protected from early marriage – but the Study suggests that enforcement of these laws is variable. There are few

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obligations to report violence against children, although in one state, health professionals are required to report suspected cases. In general, there is a lack of effective remedies and therefore widespread impunity for acts of violence against children. Finally, in its overview of regional progress, the Study suggests that participation by children and young people themselves in processes to combat violence and exploitation is advanced in this region - and this is certainly demonstrated by the welcome presence of young participants alongside us today. Violence against children, in this region and globally, is still largely an invisible outrage, as the Regional Study confirms. Violence against children can best be portrayed as an iceberg, with all but its tip submerged in adult ignorance or denial. The tip represents the tiny proportion of violence that becomes visible, through reporting and statistics of crimes of violence against children. The Regional Study emphasises the lack of systematically collected data, even of reported violence, and also the lack of systematic and rigorous investigation of child injury and death. The full picture of violence against children only begins to emerge through confidential interview studies with children themselves, their parents and other carers. These studies are not yet common in this region or others. But the adult denial of violence against children cannot continue in the face of the results of even a few small-scale studies – and in particular in the face of the revelation that young children suffer most violence within their homes and families and from those employed to care for and teach them. These should no longer be surprises. It is worth emphasising that violence against children is a global problem, common to every region and every state. What are the factors which combine to trigger, encourage or condone all forms of violence against children? The Regional Study highlights five: Socio-economic factors: Poverty on its own does not cause violence. Poverty adds to stress and makes parenting much more difficult. For older children, poverty makes girls, and to a lesser extent boys, more vulnerable to sexual exploitation and trafficking. Deeply embedded patriarchal and hierarchical traditions: children, as the Regional Study puts it, come on the lower steps of the hierarchical ladder, with girls at the bottom. The Study identifies the dominance of men – and also highlights in several places the lack of effective involvement of men and boys in promoting non-violence. Again, while these factors may be intensified in this region and within certain localities in the region, they are reflected to some extent still in most societies worldwide. Lesser value of females: Both in culture and in interpretation of religions, females are given a subservient position which puts them at particular risk of violence. But in the child-focused context of this consultation, it also has to be acknowledged that because of women’s – mothers - almost complete responsibility for day-to-day care of children within the family, women are probably the greatest perpetrators of physical violence against young children. Emphasis on the sanctity and privacy of the family: As the Study puts it: “What happens within the four walls of the family home is considered to be within the man’s private sphere to

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which ‘the public’ has no access. And the man – the father – is widely assumed to have the authority to “discipline” his wife and children at his own discretion”. Harmful cultural practices: Given the patriarchal context, most harmful cultural practices affect girls and women disproportionately. The report identifies, for example, dowry-related violence, early marriage with its assumption of sexual consent, and so-called “honour” killings and violence. Having looked at these underlying causes or risk factors for violence against children, the Regional Study identifies for special focus three themes which re-occur when examining violence in the various settings for children’s lives. These are: l Gender-related violence specific to girls; l Child sexual abuse including in the family; and l Physical and psychological punishment. The UN Secretary General’s Study is looking at violence against children in five settings: within the home and family; schools; other institutions; the community and situations of child labour. It also recognises that there are cross-cutting themes. I emphasise that this is a brief overview, which does not do justice to a very detailed and fully referenced report, which you now all have. The national reports this afternoon will go into more detail on responses to violence, positive interventions and practices and the remaining gaps and challenges in each country I will briefly review the three themes as covered in the Regional Study. First, gender-related violence specific to girls: While acknowledging progress in some states in the region, the Study asserts that “South Asia remains the most gender unequal and insensitive region in the world… The discrimination against girls begins even before birth and continues throughout their life”. The Report notes how in some areas, gender-based population analysis starkly demonstrates the extent of foeticide and infanticide of girls. Other examples of gender-related violence against girls, identified in the Study, are: l The disproportionate neglect of girls where families are living in poverty (neglect is the greatest cause of sickness, disability and death among children, especially girls, in the 2 – 5 age group); also making older girls more vulnerable to sexual exploitation and trafficking; l Cultural practices: these include dowry-related murder and violence – much of which the research suggests is disguised as accidents or suicide, so-called “honour” killing, early and forced marriage; Schools are often unsafe for children and in particular for girls; there are cases of strangers entering schools and violating children, and children are abducted from schools. Girls are vulnerable not only within schools, but when they have to walk long distances to school. Girls are likely to suffer more psychological violence, including as a form of bullying, although probably less physical violence in the form of corporal punishment.

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In other institutions, including penal institutions, existing data provides almost no information on girls, and it appears the numbers of girls in both non-penal and penal institutions may be much fewer than boys. Going by global experiences, the lack of licensing and inspection of residential homes in some states makes the children in them very vulnerable to all forms of violence and exploitation. In general, girls are expected to be submissive to parents, teachers and other elders. Traditional attitudes, beliefs and behaviour towards girls pervade both homes and communities. Community and religious leaders in many cases put pressure on families to maintain harmful traditional practices and to pursue so-called honour violence. As the Regional Study puts it: “Girls can become pawns in the community’s display of its traditional and religious beliefs and end up marginalised, exploited and abused”. In the workplace, girls up to the age of six are vulnerable to physical and sexual abuse and bondage; 6 – 11 year olds are prone to emotional trauma, forced labour and hazardous working conditions. Older girls are at greater risk of sexual exploitation when working as girl domestics, in factories and the informal sector. Wage and labour exploitation add to their vulnerability. Next, child sexual abuse and exploitation: The Regional Study emphasises that this is the most hidden and under-reported form of violence against children in South Asia. Families remain silent because reporting may damage their reputation and honour: “Children are afraid to speak out, fearing disbelief and retribution. Sometimes, the perpetrators try to cover up the situation by falsely accusing the abused child” . Girls appear to be at greater risk than boys – but boys too are vulnerable (and in some states sexual abuse of boys is regarded as a less serious offence than of girls). Factors such as ethnicity, caste, economic status and disability may heighten the risk for children. In schools, again there is too little information, but some major surveys have revealed that between 13 and 15% of young people report sexual abuse, and a substantial proportion of them – 17 per cent of girls – experience it at school. Sexual as well as physical abuse has also been reported from some religious institutions (as it has emerged in many parts of the world). Sexual harassment of young women continues in universities and colleges. In other institutions, including the penal system, sexual abuse including rape of children is widely reported. Most sexual abuse of children is by someone known to them - if not within the family, then in the immediate community. People involved in communal violence tend to use sexual violence including rape and gang rape. Acid violence is a serious problem in at least one state; the victims are most frequently girls who have rejected sexual advances and marriage proposals. Trafficking and forced prostitution of children is reported as widespread, with trafficking taking place in-country, across borders and also to the Middle East and western countries. While sex tourism has been made more visible with some notable and well-publicised prosecutions, it persists widely.

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Thirdly, physical and psychological punishment: Here, we come to an area where, the Regional Study emphasises, there is still much adult denial that violent discipline constitutes violence. And here, it is probably boys who suffer the most severe physical violence. But surveys make clear that most children, and in particular young children, are hit, and many of them are hit frequently, or punished physically in other ways. And the Study also highlights the prevalence, and the harm, of other non-physical but humiliating forms of punishment – namecalling, taunts, belittling, isolation, threats and so on. Children are beginning to be asked how they feel about being hit and humiliated by their parents, teachers and others. What they tell us is upsetting in the extreme. Violence in the family is known to have made many children leave their homes; it is also a cause of drop-out from schools. In schools, the Regional Study shows that beating with canes and other implements and other forms of physical punishment are extremely common still and generally remain lawful, in clear conflict with international human rights obligations. But here too there are signs of progress in most states, of governments beginning to lead, rather than follow, majority teacher and public opinion. In penal systems, while whipping or caning of children is prohibited as a sentence of the courts in at least two states, it persists as a punishment within the institutions. The very low ages of criminal responsibility in most states and the high rates of detention of children in institutions which are invariably violent must come within the scope of the Study. It is surely ironic that all this legal and state-authorised violence against children persists alongside developing state child protection systems. As the Regional Study points out: “The strongest, usually unintended, message that violence sends to the mind of a child is that violence is acceptable behaviour, that a stronger person may use force to coerce a weaker one.” In workplaces, in addition to the exploitation of their labour, children are frequently punished by beating, whether in homes where they work as domestics, in the agricultural sector, or in sweatshops. So that is a very brief summary of the Regional Study. This region includes one fifth of the world population. Eliminating violence against children within it is no modest task. The Regional Study and this consultation contribute to making the scale and extent of this violence visible. They illustrate the yawning gap between states’ clear obligations and the reality of children’s lives. But visibility and an end to the possibility of adult denial should help to fuel political priority. I hope this summary will help to set the scene for developing clear proposals and commitments for action now, to wipe away the tears and end violence against children across South Asia.

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ANNEX VI

COUNTRY PRESENTATIONS

Afghanistan

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Bangladesh

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Bhutan

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India

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Maldives

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Nepal

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Pakistan

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Sri Lanka

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ANNEX VII

BREAKAWAY SESSION Presentations and Recommendations

Violence Against Girls in South Asia Resource Person: Ms. Nasreen Huq, Bangladesh

1. Introduction South Asia1 is one of the most densely populated, poorer regions of the world. Forty percent of the world’s poor reside in this region (as defined by those living on less than one US dollar per day)2 . Childhood evades most children in this region as they have to take on adult roles and responsibilities at an early life due to poverty and social and cultural tradition. While recent advances has meant that children in South Asia are better off compared to the past decades, the vast majority of children in south asia are one of the most deprived groups. The trends in globalization which have opened up possibilities of progress and advancement for the governments do not carry the same promise for the children. This compounded with a culture and tradition that view children either as a nonentity or as small adults has further aggravated the situation for children. Gender bias and the subordinate status of women make the girl child more vulnerable to violence. South Asia has been described as the most gender unequal and insensitive region in the world.3 The region as a whole has an adverse sex ratio, and some sixty million women and girls are “missing” from the population – due to sex-selection, negligence of the girl child, gender discrimination and violence. Table 1 below describes the situation vis a vis other regions.

South Asia

1 2 3

Sub-Saharan Africa

Middle East and North Africa

East Asia & Pacific

World

Life expectancy: female as % of males

102

104

105

106

105

Gross primary school enrollment female as % of males

82

88

90

101

92

Adult literacy: female as % of males

64

75

70

87

82

Contraceptive Prevalence

45

22

52

78

60

Skilled attendant at delivery

35

42

70

73

58

For purposes of UNICEF's global operations, South Asia includes the countries of Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka. Information from the World Bank cited in the Regional Study on Violence against Children in South Asia. Regional Study on Violence against Children in South Asia.

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These indicators reflect a situation of gender discrimination that pervades in the region, although individual countries such as Sri Lanka, Maldives and Bangladesh may vary in degrees from the norm due to active programs taken up by the respective governments of those countries. Recent advances which have been driven by the women’s movement and the United Nations and the shift in over all development paradigm has meant that there is greater attention to changing the hostile situation for girls and women to bring about greater justice for women and girls. In this paper, I will first focus on the common factors in the region which contribute to the gender discrimination and then highlight the situation on the ground in terms of the home, school, institution, communities and the workplace, and then reflect on the international and regional commitments and initiatives to address the problem, gaps and the suggested ways forward.

2. How gender bias translates into gender discriminatory behaviour? Gender bias in south asia which elevates men to a superior position and subordinates women, manifests itself through several key social behavioural factors, which underly not only the discriminatory behaviour but ultimately leads to grotesque violence. This is further aggravated among groups or strata who are marginalized. 1. 2. 3. 4. 5.

Son Preference Lesser value of girls compared to men Subservience of women Social seclusion of girls and women – purdah Threat of violence

2.1 Son preference

Son preference in South Asia has become legendary and is amplified through cultural expressions in cinema, theatre, books etc. The roots of son preference are ofcourse based on the fact men have more power in society and therefore families prefer to have a higher proportion of sons as well as the discriminatory laws of inheritance. This is related to future security. However, son preference does not mean that daughters are not desired. However, daughters pose an economic burden, and the concern really is that families can not afford to have more daughters than sons. This is reflected in the adverse sex ratio (more boys than girls) in some of the major countries of South Asia. To understand the severity of the violence of neglect to the girl child, one needs to recognise that biologically, the male newborn is less strong than the female because of lesser genetic material (the Y chromosome is actually an incomplete X), and generally more male children are born than female to compensate for the natural sex bias towards girls. That is why in most countries, there tend to be more females than male in the population. In south asia, the hostile social environment has overturned this advantage. In Bangladesh, this natural advantage is neutralized by 9 months of age, and between the ages of one to four, one notes a higher mortality of the girl child. In India, despite legislation to the contrary, prenatal sex selection continues to be a raging problem and has significantly impacted on the sex ratio. Son preference is the major cause for negligence of the girl child. It has been observed that when families have scarce resources, they will invest in the male child. What is also true is that as families gain more resources they will continue to invest in the male child, which results

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in an increase in gender disparity. One might say, that families with resources have more to discriminate with.

2.2 Lesser value of girls compared to boys

The flip side of son-preference and the higher value of boys is the notion that girls have lesser value and require less. They “need” less of everything including love, and in practical terms this has made her a lesser human. This has resulted in lesser nutrition status of girls. Evidence of discrimination is most well documented in Bangladesh through the continues surveillance studies in nutrition by Helen Keller International and the Institute of Public Health, and morbidity surveillance by the International Centre forDiarrhoeal Diseases. Surveillance studies of hospital and community reveal that more boys than girls are admitted in the hospital for diarrhea. Secondly, when girls are admitted they tend to be more dehydrated than boys. Community based surveillance studies however show similar patterns of diarrheal incidence in both boys and girls. In a separate study, also in Bangladesh, parents reported that they do not discriminate between boys and girls. However, boys are more vulnerable and tend to fall ill easily, which is why they give the boy more care. This illustrates, how internalized gender bias has become, and that discriminatory behaviour has become “nature” rather than “culture.” The lesser priority for girls is reflected every where – in education, household nutrition, in the community, in the workplace, in sports and leisure, in national budgets and translates into lesser opportunities for girls. For example, in Bangladesh, many schools do not have a science section for girls. Thus even meritorious female students can not aspire to study medicine or engineering as her doors were closed early in life. Laws of inheritance in South Asia are for the most part governed by religious law and are discriminatory. Girls are expected to surrender their rightful, albeit lesser, share on account that their brothers have greater responsibility, including the responsibility to look after their parents. The lesser value of girls also translates into having to make dowry payments. Girls who are perceived to have a higher value, i.e fair-skinned, younger require less dowry. On the other hand girls with more education require higher dowry as a groom has to be found who has higher qualifications (since he must have a higher position than the girl, otherwise her subservience can not be ensured).

2.3 Subservience of girls and women

Gender roles are rigid in south asia and girls are expected to conform from a very early age. They are brought up to be docile and diligent. Depending on the community in all countries of the region, a certain degree of latitude is given for the girl child to remain a child. However, at a fairly early age, she has to take on family responsibilities – house cleaning, washing, helping with the cooking. She is expected to do all this and more, including going into paid work as domestic servants or other hazardous work in the informal sector, without protest. Indeed, the culture in south asia is that of the self-sacrificing mother, sister wife or daughter. She has been glorified in cinema and in the classics. Modern day representations in the popular Hindi TV channels which predominate in the region continue to propagate this image. If women protest or refuse to conform to this image, they are punished severely. A woman who is not docile and meek, a woman who asserts her own will, brings dishonour to the family. Conversely, it can be said that honour of the family is based on the obedience of the woman.

2.4 Social seclusion of girls and women – purdah

The dominant culture in most South Asian countries practice social seclusion of girls and

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women. The degree of intensity with which it is practiced may differ from society. However, on the more liberal side, this practice creates an amorphous walls between women and men in social gatherings – where women and men meet and eat separately. More rigid practice as in Afghanistan and parts of Pakistan, India and Bangladesh, create entirely separate worlds for women and men and only certain family members are allowed access. The culture of seclusion or purdah is supposedly to protect girls from sexual violence. In reality the culture of seclusion makes both the girl behind and outside purdah vulnerable to violence. The girl behind purdah can easily fall prey to violence by male – there are fewer witnesses. She has less ability to protest without it impinging on family honour. The girl, who is outside of purdah, i.e. in public space is more vulnerable when she is one of the few women who is outside. (As an example, I can say that when large numbers of women joined the garments factories in Dhaka, I felt less conspicuous and more secure). In a society that practices seclusion, girls and women who deviate are considered “loose”, “available” and therefore easy prey to violence. For example, two weeks ago, a young woman was abducted in Delhi at 2 am and gang raped. She had been studying late and went out for tea with another female friend. The Delhi authorities responded by shutting all Dhaba after a certain time at night. In Bangladesh, after the police were caught on account of raping a young woman and suffocating a young woman, they tried to implicate that she was a “prostitute.” In another instance, following the sexual assault of a female student in one of the Universities, the authorities responded by prohibiting female students from going out after a certain time in the evening. However, when two male university students were charged with raping a girl, no restrictions on the mobility of the male students were issued. The culture of social seclusion also makes it easier to condone different standards of rights for boys and girls, and instances where the rights have been transgressed, to blame the victim: Boys can go places on their own, and be out late with raising the same sort of question. If he falls prey to sexual violence, the perpetrator is considere barbaric. But in case of girls, they raise questions, “why was she out late?” “what was she wearing?” The culture of seclusion leads to the social segregation of boys and girls from an early age. As a result even girls below the age ten can be perceived as a “woman” and subjected to sexual abuse.

2.5 Threat of violence

Girls and women are vulnerable to sexual violence. This alone constrains women – one of the major reasons for restricting girls in the home or even in terms of the community is this fear of violence that is constant. The premium on the honour and chastity of girls is such that families feel most relieved, once they get their daughters married. If there is any besmirchment of the girl’s reputation, the possibility of marriage is threatened, which is the ultimate destiny for girls. A girl’s reputation can be ruined if she is known to like someone or if someone likes her. So it is to protect this possibility that parents tend to marry off their daughters early – before there can be any problem.

3. Poverty and social stratification Above, I have mentioned the pathways by which gender bias operates in South Asia. These are further aggravated by poverty and social stratification. In this region, 45% of the population survive on less than a dollar a day. Among them, those with marginalized social identities are

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more likely to be living in poverty and vulnerable to violence. For example, those from lower castes, minority religious, ethnic or linguistic groups are more vulnerable to violence

3.1 Poverty

The condition of poverty further aggravates the situation and the ways in which the various sectors in society respond (family, school, institutuions, workplace and community). Poverty results in the family making certain choices which are gender biased. The community, school, institutions and workplaces also respond to the poor girl in a gender-biased way and are more likely to exert power over her because of her marginalized position due to poverty. Poverty increases the pressure for sons and desire for fewer daughters. Daughters from poor families face greater risks of violence due to difficulties in making dowry payments. They are also more likely to drop out of school and get married early to ensure lesser dowry payments. Institutions of the state tend to treat the poor with contempt, and poor girls in institutions are more likely to be vulnerable to violence, abuse and sexual abuse, as the authorities are aware that capacity of the poor to effectively protest and get redress are very limited. Poverty is a cause for denial in education. While schools, especially those that are state run, may have the obligation to accept all students, regardless of economic status, the barriers raised in terms of a myriad of fees and contributions make it less likely for the poor to access education, which in turn, reduces the possibility of them being released from the spiral of poverty. The barriers for girls in poverty are greater as their maybe deprioritisation for education from the family, they are likely to be subjected to harassment on the way to school and humiliation and abuse in school itself. They are also likely to drop out of school early. Poor girls are more likely to have to start working at an early age to earn their keep and provide support to the family. Thus they are more likely to be subjected to violence at the workplace than their more affluent counterparts. Also they are more likely to be working in the informal sector, which have few rules to protect the worker. Poor girls are also more likely to be abused and exploited sexually by the community, as their poor status gives impunity to the more wealthy class. There are other ways in poverty makes girls more vulnerable. The kind of housing the poor have is more penetrable. For example, acid violence in Bangladesh frequently occurs in the summer, when people sleep with their windows open. The poor girls are also more vulnerable as they are likely to walk to school compared to their more affluent counterparts. Finally, the poor are more likely to be in state institutions (such as penitentiary or orphanages or vagrant homes) which increases the risk of their being subjected to violence in institutions. Secondly, institutions such as the police are more likely to take advantage of the poor compared to the rich, as the chances of impunity are higher.

3.2 Social stratficiation and stigma

South asia is also the region which abides by rigid social stratification which – a legacy of the caste system, which stigmatizes certain groups of people. This denotes, even to this day, who you sit down at the table with and who stays out. Thus if a person is from the lower caste, or from a marginalised community due to religion, ethnicity or language, it increases their vulnerability to the dominant community. Girls are all the more vulnerable and their sexual exploitation by the dominant group usually occurs with impunity. However, they are also vulnerable to other forms of exploitation and abuse – for example, lesser wages, less access to school and government opportunities due to social discrimination.

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There are other groups of people who are stigmatized due to profession or physiological status or sexual orientation. There are other forms of stigmatization which cast people in the minority and then subject them to the abuse and domination of the majority. It is important to highlight that commercial sex-workers, the majority of whom are female, and a significant proportion are young girls, are so stigmatized that they typically do not receive protection from the state (vis a vis: police) or the community. People who are HIV positive are increasingly being rejected by their communities. Needless to say that girls are more vulnerable. People who profess and or practice different sexual orientations are vulnerable to violence in all fronts. Adolescents all the more so. Girls are vulnerable in more ways than one. While, homosexuality for boys is taboo, it is still acknowledged. Homosexuality of girls is taboo at a higher degree. Secondly, hermaphrodites and homosexual men who profess a female role, tend to identify themselves as women or girls, and they too are much more vulnerable to violence. Disability results in stigma and additional vulnerability of girls to sexual exploitation and abuse.

4. Sites of Violence The report considers the violence against girls operated through the systems mentioned above in five sites – the family, school, institutions, workplace and the community. In discussing the nature of violence at these different sites, I would like to propose two categories of sites. The family and the community in one category, which often fall outside the purview of state regulations. The state often looks the other way when certain behaviour is sanctioned by the community even if it is contradictory to the law. This may be due to the history of colonisation, where law-making was done with a different cultural context in mind and no accountability. Thus even though there has been a child marriage restraint act for nearly a hundred years, early marriage remains a problem in most of South Asia. There is thus a divide between the state law and what is permissible as dictated by the community. The family in this regard is dependant on the community, as it is difficult for them to defy the rules and norms of the community. The school, institution and workplace which fall much more easily under the jurisdiction of the state. As such, the state can more easily put in place protective laws, policies and measures to prevent violence against children and especially girls.

4.1 Community

The community in South Asia is strongly patriarchal and hierarchical. Thus the protective guardianship of the community is not equally extended to all children – and certainly not to all girls. Secondly, impunity is extended based on hierarchy to men and boys from certain strata. A girl in distress from a “good family” may receive protection from the same people who would also protect the perpetrator of violence from a “good family.” This gives the indication that impunity is possible if you are from a certain background and that justice is impossible if you are from a certain background based on caste, class, sex, religion etc. The community also sets the norms of behaviour for girls, and in this context, it is difficult for families to behave independently from the community. Girls also become more vulnerable when there is conflict between two communities. The incident from Pakistan is well-known where conflict arose when a boy raped a girl from one

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community, and was peace was made with the following punishment: the rape victim’s brother would rape the sister of the rapist. Girls simply do not exist as people. All over South Asia, there is a practice to try and marry the rapist with the rape victim if they are both young, not recognising at all the psychological trauma for the girl. Acid violence occurs in almost countries of south asia. In Bangladesh, the frequency is very high at about 300 attacks per year, of which more than 60% target girls and women. Although 10 years ago, rejection of love or marital dispute were considered to be the main reasons for acid violence, at present land enmity is the main reason for acid violence – yet girls remain the main victims. Revenge is taken by disfiguring the daughter of the “enemy.” Honour killings are common in Pakistan. In 2002, 382 lives were destroyed in the name of honour including girls between the ages of 3-10 years in Sind, whose murder was sanctioned by the community on grounds that they were having illicit relations. The rituals around Kumari puja or virgin goddess, in India, Nepal and Bangladesh, deprive the girl of her normal childhood and leave her few options as she passes the title to others on reaching puberty. There are also practices of offering girls to gods in India and Nepal, which virtually tie her to the temple ultimately in sexual slavery. In South Asia, currently there are more guns among the civilians and with insurgents than with the law-enforcing agencies. This along with the proliferation of narcotic drugs has led to a criminalisation of youth. It has also made girls more vulnerable and gang rapes and brutal rape of girls have increased in certain countries. The economic poverty in the region has encouraged young people especially to look for employment elsewhere. This has created a group of unscrupulous businessmen and traders who are now involved in human trafficking. While trafficking does not only take place for sexual exploitation, a large number of the young women, many of them girls, are taken and sexually exploited in the process of travel and end up in brothels. Many of them pick different forms of disease, which further increases their vulnerability.

4.2 Family

The family perpetrates violence against girls through son preference and negligence of the girl child. Lack of care and deprivation that leads to poorer health condition of the girl child is mediated in the family. Prenatal sex selection and infanticide are generally mediated by the family. Violence against girls for dowry payment is also mediated by the family. The family promotes subservient behaviour of girls and in case of dispute, generally has to take the side of the community in censuring the girl. Early marriage is again promoted by the family despite the illegality, because the consequence of having an unmarried daughter is even harsher. This makes the girl vulnerable to early pregnancy and child bearing which carries both physiological and psychological risks. Sexual abuse, frequently occurs at home by people who are close to the family or family members. Girls are more vulnerable to sexual abuse and violence than boys. Daughters in a female headed household can also become more vulnerable to violence by the community.

4.3 Schools

Although some countries have done well in the region in raising enrolment of girls in school, there is unacceptably high non-attendance ratio for girls in many parts of the region. Drop-out of girls is also high. Violence against girls can occur on the way to school, as most have to walk a long way in rural areas, particularly for secondary school. Girls suffer violence and

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sexual harassment in school both from their classmates and occasionally from teachers. Whereas in the past, such behaviour of teachers would have gone unprotested, students are speaking out now. There are also report of sexual abuse to girls by their house tutours and threats from senior boys in school. At the college or university level, girls experience sexual harassment. A study from India found that 13.5% of the female students in University suffered abuse by male students ranging from rape, molestation and verbal abuse and 4.5% had sufferred the same from staff. In Sri Lanka, female students reported that “ragging” took on humiliating sexual forms. It should be stated here also that female teachers also feel vulnerable with adolescent boys. There is a need for indepth information on education in the schools.

4.4 Institutions

Anecdotal information on the vulnerability of girls resident in state institutions is available. However, there appears to be little research data on the vulnerability and victimisation of girls in state institutions. There has been several cases of rape and abuse of young girls in police custody throughout the region. Sex-workers in Bangladesh report being harassed routinely by the police and having to provide free sexual services to the police to avoid harassment. However these issues have been discussed under sexual abuse and institutions. There is a dearth of information on violence, that is not sexual abuse, against girls in institutions.

4.5 Violence against girls in the workplace

Poverty has driven children in South Asia to seek livelihoods away from the safety and comfort of their homes – if lucky, they can work close to home – but many have to travel away from the familiarity of their villages to the towns and cities and to the unfamiliarity across borders. Over and over again, it has been found that victims of trafficking were sent by their families because they believed that their daughter would find work. Others who do find work, are often working in the informal sector in hazardous conditions. Child domestic workers are some of the most vulnerable. They have the added disadvantage of working in a place that is considered to be home for others and therefore protected by the unwritten sanctions of “privacy.” Girls working as domestic are not only vulnerable to physical abuse and torture but also to sexual exploitation and abuse. The situation of the child domestic worker, usually girls is even more damaging psychologically, as there are often children in the household that they work being treated as a child – but the domestic servant has no childhood. They are treated as adults but paid marginal salaries. In India, girl children are working in the unorganised sector and agriculture sector where they are underpaid and or work in conditions similar to bondage while experience abuse and sexual violence. The long ranging conflict in Afghanistan has orphaned many children who eke out a risky livelihood in the refugee camps. Girls have little option but to pursue commercial sexual work. In Nepal, as a result of the internal conflict, increasing numbers of girls are working in cabin restaurants where they sell different degrees of sexual services. Many girls in Nepal working in the carpet or garments factories and suffer violence and sexual abuse. In Pakistan, girls generally leave employment when they reach puberty. In Sri Lanka, in response to the demands of globalisation, more and more girls are joining the labour force to supplement the family income.

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5. State Obligations to Address Violence Against Children and Girls All countries of South Asia have ratified the Convention of the Rights of the Child. A few reservations have been put in by India, Bangladesh and Maldives. Both Maldives and Bangladesh have made a reservation on Article 14(1) on adoption, India has made a reservation on Article 32 (a) minimum age at work. Bangladesh has also made a reservation on Article 21 on the right of the child to freedom of thought, conscience and religion. The CRC can be viewed as the pinciple instrument for prohibition of violence against children

CRC Article 19 (1)

State parties shall take appropriate legislative, social and educational measures to protect the child from all sorts of physical or mental violence, injury or abuse, neglect or negligent treatments, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of that child. Thge countries of SAARC in their 2002 summit adopted the SAARC Convention on Regional Arrangements for the Protection of Childwelfare in South Asia. It states that:

State parties shall ensure that their national laws protect the child from any form of discrimination, abuse, neglect, exsploitation, torture or degrading treatment, trafficking and violence. However this convention has not yet come into force. The SAARC region drew attention to the plight of the girl child by declaring 1990 as the year of the girl child and 1991-2000 as the decade of the girl child. The current decade, 2001-2010 is being celebrated as the decade of the Right of the Child. All countries have stated obligations for the protection of the child in their constitution and national law. Although, one may consider that there are gaps in that there is no specific law protecting the child from her parents and close family. In Pakistan and Maldives, a girl reporting rape may come under Hudood Ordinance and she maybe tried for Zinna, a grave offence which involves sex outside of marriage. Moreover, in almost all countries of South Asia, the personal and family life is governed by religious law, which is often discriminatory against girls. There is a need to address the issue of legal disparity and inequality.

6. Good Practices and Ways Forward There are many initiatives by the governments and NGOs in each of the South Asian countries to address the issue of violence against children and especially girls. To address violence against girls, it is imperative that we address the underlying causes of the problem and not merely consider activities to combat the manifestations of violence. Violence against girls is rooted in gender bias and this is expressed through means such as son preference etc. It is important to note that both culture and laws together uphold the ideology of gender bias and therefore changes have to come in both the laws and policies in order to change the practice.

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Violence Against Girls Manifestation Gender specific violence

Sexual abuse of girls

Physical torture

Immediate Cause Complain specific to the incident Underlying Causes Son Preference Lesser value of Girls

Subservience of Girls & Women

Social seclusion - Purdah

Basic Cause GENDER BIAS

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Threat of violence

ANNEX VII

BREAKAWAY SESSION Presentations and Recommendations Recommendations (Made by Working Breakaway Group)

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ANNEX VII

BREAKAWAY SESSION Presentations and Recommendations Sexual Violence Against Children Resource Person: Prof Harendra de Silva, Sri Lanka Definition of sexual abuse: Sexual Abuse: Child sexual abuse is the involvement of a child in sexual activity that he or she does not fully comprehend, is unable to give informed consent to, or for which the child is not developmentally prepared and cannot give consent, or that violates the laws or social taboos of society. Child sexual abuse is evidenced by an activity between a child and an adult or another child who by age or development is (WHO, 1999) in a relationship of responsibility, trust or power, the activity being intended to gratify or satisfy the needs of the other person. This may include but not is limited to: l The inducement or coercion of a child to engage in any unlawful sexual activity. l The exploitative use of a child in prostitution or other unlawful sexual practices. l The exploitative use of children in pornographic performances and materials. (WHO, 1999) * It is important to highlight that a child cannot give consent to sexual activity and therefore the adult perpetrator would be responsible for the action even if the child has given ‘consent’.

History:

Ancient Egyptian, Jewish, Greek and Roman history reveals sexual abuse of boys and girls including commercial sexual exploitation in the form of boy brothels and ‘rent a boy’ services. Aristotle is quoted to have commented that homosexuality could become habitual in those who have had sexual experiences from childhood. Descriptions of sexual abuse of children by servants both male and female have been documented. Research on the subject of sexual abuse and exploitation is scarce in Asia. Documentation in the North West Frontier Province (NWPF) of Pakistan has revealed a practice of older and rich men having “attractive beardless” youth for their sexual pleasures often referred to as ‘Balkey’ and in some areas referred to as ‘Ashnas’ (Khan, 2000). A similar situation has been described amongst Afghans who are tribally similar. The ‘Devadasi’ system in India although now legally banned is still in existence, and the ‘Deuki’ system in Western Nepal offer children and women to the temple system to function as sex slaves to pilgrims and priests (Frederick & Kelley, 2000). Historically, for centuries Devadasi’s earnings from prostitution contributed significantly to the temple’s earnings. The use of so-called lower castes and downtrodden women and children for prostitution in South Asia has been ‘legitimised’ by society through religious justifications. The mean age of entry into prostitution in the Daulotdia brothel in Bangladesh has been estimated to be around 13 1⁄2 years, indicating the extent of sexual exploitation and abuse of children (Frederick & Kelley, 2000). Data from Sri Lanka indicate that approximately 20% of boys and 10% of girls get sexually abused mainly in a home/community/school environment (de Silva 2000)

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Denial:

Is it a problem in developing countries, especially in the South Asian region? Don’t we often deny its existence? Is it a new phenomenon, or do we not recognize it? Western countries where it is considered a problem have gone through the ‘phase of denial’, while most developing countries are still ‘denying’ its existence. On the other hand in the less developed countries, there are small groups (e.g. ‘activists’, some professionals) who may accept the problem. Child abuse is often considered to demonstrate an ‘iceberg’ phenomenon (Figs I & II), where only a small proportion would be seen ‘above the surface’; i.e. identified. When the public is made aware of the problem and children made aware of their rights, the reporting of cases would increase. At the same time when professionals like doctors, teachers, lawyers, judges, police, and child care/social workers become aware of it’s existence and often given training, there would be more recognition as well as appropriate action taken. As a result of more reporting and increased recognition, the ‘iceberg would surface’ and an apparent increase in the incidence would be seen. In the West, physical abuse was recognized as a problem only in the 1960’s, and the ‘incidence’ (i.e. reporting) of child physical abuse has increased many fold since then. Similarly in sexual abuse; only after it was initially considered a problem in the West in the mideighties was the apparent ‘epidemic’ observed subsequently. Here again these apparent ‘epidemics’ were most likely seen not necessarily due to a true increase in incidence, but due to increased reporting and recognition.

Why is there a tendency for society to deny child sexual abuse?

We as individuals, as a society, or as a Nation are proud of ourselves when one (or a team) of our nationals performs well in sports or any other activity. Individuals in society who may not have had even the remotest affiliation to this success would try to identify with it and would like to have ‘ownership’ to this success. However, in contrast when your national team has done badly the society would not accept the responsibility or ownership, fearing that the negative effect would reflect on them, and may even attack the houses of players. Similarly, when incidents of child abuse stigmatise our society, neither the society nor the individuals would like to belong to that society and it would be not surprising for them to reject reality. It is also easy to justify this denial because of the hidden nature of abuse. At the same time, this denial, which is also partly responsible for stigma, becomes an important factor that makes the issue a hidden phenomenon (Figs I & II).

‘Apparent’ Abuse Complaints of Abuse, Detections, action taken, Deried by adults, dismissed as fantasy,

‘Hidden’ Abuse

Violence, School refusal, Depression, Sucide, Substance abuse, Conflict with the law, sexualized behavior Somatic complaints, Dissociated disorders

Unreported-Threats, blackmail, ‘games’ &? By ‘resilient, children

Condition in Society /Abuse justified by society as a norm

Figure I: Iceberg phenomenon of Child Abuse - Reasons for the phenomenon (Presentations of child abuse)

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Fig I: Iceberg phenomenon of Child Abuse – Reasons for the phenomenon: Child Abuse in society has been endemic for generations and is a hidden phenomenon with only a small percentage being apparent. The most obvious cases ‘seen’ by society and authorities are the complaints and detections by concerned adults. However some of these cases would be denied by adults, dismissing as ‘imagination or fantasy. Child abuse often presents indirectly as violence, school refusal, depression, suicide, substance abuse, in conflict with the law, or with sexualized behaviour, and therefore not recognized as abuse. Some children present with somatic complaints such as abdominal pain, while others may come with ‘Dissociated’ disorder. A larger number of children would not complain because they have been threatened, blackmailed or tricked with ‘bribes’ and the abuse called as ‘games’. The largest numbers of abuse that occur in society do not get recognised because it may be justified in society as a ‘norm’ such as corporal punishment with or without injury, child labour, sexual molestation of children or child marriages. Society may not only justify but may even glorify child soldiers. With Increased, awareness of society reporting would increase and with training and development of skill of professionals, the detection would increase with identification of these different manifestations, with ‘surfacing’ of the iceberg. The incidence of child abuse is apparently high in most developed countries because of increased reporting and recognition. Modified from, Protocol for study of Interpersonal Physical abuse of Children; WHO/FHE/ CHD 94.1 &, Shekar Sheshadri (personal communication) 2002.

Fatal Abuse Foreign Paedophilla

‘Local’ sexual Exploitation

Severe Injuries

‘Mild’ Injuries

Incest

Corporal Punishment

Sexual Abuse

Physical Abuse

Components of the ‘iceberg’

Fig II: The previous figure ‘dissected out’ the reasons for the iceberg phenomenon, this figure shows the different components of both sexual and physical abuse. Some forms of abuse are more apparent than other types, and the dynamics could vary in different countries. With changing socio-economic status, priorities would change in countries and some of these components would become more apparent than previously.

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Scope of the Problem of Sexual Abuse and Predisposing factors:

Sexual abuse is prevalent in all-social, economic, ethnic and religious groups, but would be more common in poor socio-economic groups with increased number of crises including violence in life, with limited economic and social resources. The abuser is often a related caregiver male (or sometimes female) or someone close to the family often a ‘trusted’ person. When the father is unemployed and or an alcoholic, abuse by the father is more common, and it may be associated with spouse abuse, domestic violence and marital difficulties. The ‘triad’ of alcoholism, spouse abuse and physical, sexual and or emotional is a common observation; however, alcoholism should not be considered a primary cause, but is often an ‘excuse’. A male sexual partner of the mother or ‘stepfather’ is a more likely male perpetrator of both physical and sexual abuse of the children. In this type of situation, the mother often becomes aware of the abuse at some stage, but ‘helpless’ in reporting because of the possibility of divulging her involvement or for financial dependency. Many factors predispose to child abuse, and these factors may be variable in different societies and may be inter-related. These risk factors would arise from a spectrum of foci ranging from the individual child, parent/s, family, and wider society (WHO 1994). The sexual abuse within the Home/family includes factors in the child, parents and other extended family.

Child Some may argue that some children ‘asked for sex’. Blaming children is a way of ‘justifying’ the abusive behaviour of an adult, and putting the blame on relatively powerless children. Females in general are more likely to be sexually abuse even in western countries. However, in certain communities where the girl child may be more protected to safeguard against pregnancy and loss of virginity, the boys are more likely to be abused (e.g. Sri Lankan data) Parent / caregiver & media violence: Fathers with prior violent criminal records are more likely to abuse or neglect their children. When a boy is sexually abused during childhood he becomes a more likely abuser of both boys and girls during adult life. This generates a vicious cycle of sexual abuse from generation to another. Sexual abuse in childhood especially when also associated with violent humiliating and degrading punishment during childhood make them violent and aggressive teenagers, and then adults with violent behaviour including sexual violence. Substance abuse is an additional risk factor. Family It has been argued that the extended family system in developing countries especially in South Asia ‘protects’ children from abuse. On one hand a majority of the extended family could justify the abuse by blaming the child of inappropriate behaviour and cover-up the incident to prevent ‘shame’ if others get to know. They (the family) also justify their right to solve a private family crisis informally, rather than use formal legal controls or community involvement. The rights of the child would hardly be addressed by family in communities that view the child as their ‘property’ and could do what they would want with ‘it’. The extended family also predisposes to sexual abuse especially in closed family environments, with increasing risks and overcrowding. Community/Society The integrity of the social fabric is crucial in providing safe and a non-violent environment for a child. Violence in society may be related to armed conflict and other social and political pressures. It is also associated with social, political and legal impunity to laws that are

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supposed to protect the public and children from violence, and/or the non-existence of such laws or a legal system to protect children. Refugee situations encompass a majority of risk factors such as, stress, socio-economic pressures, overcrowding and societal violence. Street Children in urban environments who also may be in conflict with the law are very likely victims of abusive behaviour of adults and are also likely to be sexually exploited and trafficked for sexual exploitation. Children of sex workers are extremely vulnerable with these children following the mother’s footsteps very early in life; mother often not being able to comprehend it as abuse / a problem. It is also absolutely important to recognize children on beaches often from poor fishing communities in parallel with street children, since they flock the beaches roamed by tourists (amongst them paedophiles) for work, money and food. Sexual exploitation by tourists has become a problem in countries where tourists flock for other reasons such as beautiful scenery, culture, ancient history etc. Thailand, Philippines Goa and Kerala in India and Sri Lanka (Possibly also in other countries in the South Asian Region with tourism but still in a state of ‘denial’) were countries that were affected most in the 1980’s and 90’s. Other countries affected to a variable extent include, India, Cambodia, Vietnam, Myanmar and Nepal. An observation in Sri Lanka is: foreign paedophiles often get legally married to local widows or divorcees, to be socially viewed as ‘respectable’ persons, and access to children becomes easier. These women are often paid a salary for the position of ‘wife’. However, it must be emphasized that every foreigner married to a local should NOT be looked at in the same way (de Silva 2000). In communities with inequalities, whether it be gender, race, caste, disability, or a combination of these factors it would be more likely that children too (especially the girl child) are likely to be affected since they would be considered as a group with minimal rights. In a social atmosphere with such perceived norms and justifications, ‘denial’ would not be surprising.

Workplace and Institutions The issue of child abuse becomes a major problem especially children who stay in a workplace (e.g. domestic servant, residential factory workers or child soldiers). The children in Institutions would include, children in orphanages, Institutions for children in Conflict with the law. One should also focus on residential institutions of an academic nature such as hostels/boarding houses in schools and religious institutions where child trainee priests lodge as an Institution rather than school since the environment is different. There are certain factors which make them more vulnerable: 1. They are living without parents or relations who would usually protect these children from abuse and exploitation, and they may not come in contact with other adults whom they would have a chance to trust or complain. 2. They are unlikely to neither know their rights nor given training on rights (More likely to prevent them from knowing rights) and therefore these children perceive that it is the ‘right’ of the adult to control them as a NORM. This situation is also prevalent in homes and communities, but it will have a bigger negative influence on children in Institutions. 3. The most important issue is the use of ‘POWER’ by the adult who is not accountable in these institutions. This too is a common factor in all environments of abuse, but in this situation this power is more likely to be used by adults who are supposed to ‘care’ for these children. It is also important to realize that the use of physical and emotional violence against these children would compound the issue of sexual violence. 4. Children are almost always asked to respect adults; and the RESPECT one has for adults from early childhood would make him/her obey the abusive commands and prevent reporting

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5. Children would get non abusive ‘LOVE’ from adults in many ways. ‘Care givers’ may give love and affection in many other ways to these deprived children but also sexually abuse them. Children then often get confused between ‘love’ and ‘sexual abuse’ and would not comprehend the abuse and may not even think about reporting the incident. 6. The other connected issue is the FEAR that is generated through this power 7. The other factors would be also common in other situations such as ‘stigma’ ‘shame’ etc.

Strategies: A conceptual framework developed for the NCPA, Sri Lanka could be used in addressing strategies (Ref. Prof Harendra de Silva). This framework could be used not only for action against sexual abuse but also against other forms of violence against children.

Sexual Abuse at Home and in the Community:

Conceptual Framework NCPA

It is important to realize that it would be difficult to address issues of sexual violence separately with other forms of violence such as physical and Rehab. Legal Reforms & & psychological violence since there are Research Protection Enforcement many overlapping aspects. For example Monitoring - Investigations - Court proceedings almost all the children who are sexually - Child-care Institutions abused will have a psychological component Resource Development which results in the long term consequences of the abuse or there are psychological manipulations before and after abuse. A significant number of children sexually abused would also be physically abused. At the same time when addressing sexual violence at home it is difficult to isolate it from other areas such as society, school, Institution or workplace since there are interconnections and common factors such as attitudes in general in society, Police, Judiciary and policy makers etc. Awareness

Skills Dev.

Most of the principles of strategies used for the home situation would be common to the community as well and often in other environments as well. There are many common areas in the principles of strategies whether it is in the family, community, Institution or workplace. For example awareness and skills development strategies would be common to all areas. One also should realize that these strategies need not be isolated to sexual abuse, but may be integrated with other forms of violence against children. Telling people “not to abuse children” alone is inadequate since everyone has to know ‘why’ it is bad for the child and community. They also should be made aware of the legal consequence on them. The perpetrators also should be made aware that they themselves could get psychological help. The entire population has to be made aware, with specific targeting of certain groups in particular. Development of skills by children to recognize and avoid sexual abuse as well as to protect themselves is crucial,

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Awareness:

(1) Awareness on the long term effects of sexual abuse and its consequences on the family, society and the country. The issue of denial and stigma which will be unhelpful in eradicating the problem from society. The importance of recognition of boys’ abuse as a reality which needs to be addressed in parallel with abuse of girls. Boys’ abuse is justified by some groups in society (‘there is no physical loss of virginity’) and the awareness should highlight how it is carried from one generation to another (Since it would be today’s abused who become tomorrows abusers) not only in terms of abuse of boys but also abuse of girls. We also need to decide on “who”, “how” (processes) and “what” the awareness and skills programs will be targeted.

“Who”

Some of the Important Groups to be addressed are: l Children l Parents / Family (often ‘extended’) l Population in General including perpetrators and Potential Perpetrators l Trainers, from Professionals to grassroots level l Non Governmental Organizations (NGO), especially those addressing issues of Children l Teachers (would be common to school, home and society since they are role models, be able to teach children rights and how to avoid abuse. They influence knowledge and attitudes at home and society) l Professionals including Paediatricians, Gynaecologists, General Practitioners (GPs), Psychiatrists/Psychologists, Counselors l Decision Makers (Advocacy) l Religious leaders l Police l Judiciary l Youth (Would soon be parents-but already with fixed ideas on sexuality and attitudes based on their childhood experience) l Journalists and Media Managers to become sensitive to the issue/s.

“How” (The Process)

The Principles that have to be applied to ensure a truly successful program l The government and civil society must be made to understand/feel the need for intervention l The Government and other civil society organizations including NGOs should Establish Policy not only on the need but commitment to strategies of intervention l The government and other groups must allocate resources for each level of implementation, taking care not to spend large amounts on’ symbolic’ meetings and ineffective media strategies that target only the event/s. The allocations should not stop at one level or one aspect but should cover all aspects while reaching grassroots. l Monetary l Institutional l Manpower l Expertise l Use existing Institution/s or develop new institution/s (e.g. National Child Protection Authority in Sri Lanka) to implement policy and programs. l Develop and improve policy. l Research into Causes and other factors (Assessment and Analysis)

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Develop capacity by employing professionals with knowledge and skills to implement the training programs, on counseling, and protection (Police and legal). l Develop Strategies to network with other NGO or government partners Develop Methodologies that are culture and religion sensitive that are acceptable to the people. It would also depend on the specific country, society or group, depending on education/literacy and other cultural problems. Develop strategies to reach grassroots level. Consider aspects like literacy and language in developing strategies Documentation of programs both in text and audio-video, with extensive distribution reaching the trainers at all levels, and audience as would be needed. Take care to prevent the documentation from being mere tokenistic (Symbolic) projects. Training of Trainers (TOT) giving expertise on awareness and skills also to receive documentation to ensure reproducibility of training Training to cover all links down to reach Grassroots Implementation of programs l “Top-down” through media and TOT Nationally or Regionally l PLUS a “Bottom-up” process stimulated by the “top down” process implemented through grassroots level community programs l

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Expected Change: l Increased Capacity at all levels to address issues of prevention child sexual abuse and what to do when an incident is known or has happened l Bring about an attitudinal change towards removal of denial and recognition of child sexual abuse at all levels l Bring behavioral change in society regarding prevention of child sexual abuse especially by children

Assessment of the Program/s:

The initial study on sexual violence against children in each of the countries should be looked at as ‘assessment”, and “Analysis” in the “Triple ‘A’ Approach” and the Strategies that are being developed should be considered the aspect of “Action”. The follow up assessment and analysis should be considered the next cycle of the “Triple A”. For example the initial quantitative and semi-qualitative studies (de Silva) on the prevalence of sexual abuse in 1992/ 3 in Sri Lanka enabled the assessment and Analysis in order to strategize the Action. The follow-up assessment of such programs is crucial in terms of Accountability, continued funding, sustainability and improving and or changing strategies. It is also important to assess “Process” as well as the “Impact” of the program. Assessment of the “process” only may not reflect the success of the program. For example, ‘money utilized’ or the number of programs conducted may be based on improper policies and strategies or due to corruption. Hence the need to assess impact (effectiveness) in terms of knowledge, attitudinal, skill and thus behavioral change. This process should be used to improve the knowledge and skills of the population, parents in particular. This process can also be applied to the other strategies in other environments and other forms of violence against children

Children –

The example of children is specifically mentioned since the strategies would be different from that of adults as mentioned above, they would be more receptive than adults and their change in attitudes would be longer term, hence the importance of investing in children.

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The next generation that would perpetuate the vicious cycle of sexual violence especially if exposed to continued violence. l They need to know why sexual abuse is bad l They have to be taught ‘What good touches and bad touches are’ the concept, methodologies in prevention and Skills to avoid and respond positively when exposed to a threat of sexual abuse. l They should understand that it is often people they trust and respect and love who may abuse them l Creating awareness and developing skills in the children who would know the long term problems and consequences of sexual abuse, how they could recognize threats, avoid and protect themselves when threatened abuse and report abuse or attempts. l Use a ‘Rights’ approach to address prevention of sexual abuse in society. Educate children on the CRC on all aspect to strengthen their self esteem and empower them to complain, discuss, and be able to protect other children. Peer to peer education on child rights should be encouraged l Use a participatory processes and methodologies, Using “Drama” including, “Art” etc should be used in the educational/empowerment process. l While teaching them their rights, they should understand and respect other’s rights. I.e. Children’s Responsibilities, which would also prevent adults from obstructing ‘rights’ programs.

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From young age – when they often cannot comprehend the abusive nature. When they are told that abuse is a ‘game’, ‘a secret’, and when threats are easy to use. Youth – Who may already have already been abused and/or are already involved in sexual activity as a continuous process either as a victim or perpetrator.

Media discussions including ‘chat’ programs, Newspapers for children or youth or educational pages in standard newspapers, Youth/Children’s clubs and welfare/drop in centres, both in the community and school are some areas that the issues could be discussed.

Knowledge and Skills Capacity Building of Professionals

It is important to have a planned program to increase the capacity and skills of professionals who should be able to recognize sexual abuse, document injuries and harm and ensure safety and be able to develop therapeutic processes.

Doctors (and Medical Students)

The knowledge and skills of doctors to be able to identify injuries (including an aspect of giving knowledge to change attitudes) due to all aspects of child abuse as well as sexual abuse, the ability to pick-out children with somatic (physical) complaints due to psychological effects of sexual or other types of violence, and the skill to take histories and examine in an appropriate manner, taking more time than usual in a crowded clinic, being sensitive to the child, are skills that need to be developed since it would not be included in the standard curriculum of doctors. It will also be necessary for the medical teachers to include child abuse in a more comprehensive way in the curriculum. This could be done with the support of the governments but more importantly by funding medical meetings focusing on child abuse/violence against children. Medical books on child abuse should be produced and distributed free or for a nominal amount, but should be appropriate for the country/region considering the available knowledge, attitudes, facilities etc. (Good examples are the 7000 books for doctors printed by NCPA of Sri Lanka (UNICEF funded) in 2001 which was distributed to all medical students, General Practitioners (GPs), Paediatricians, Judicial Medical Officers (JMO) etc. It was also

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distributed in the South Asian Meetings in limited quantities. It has also been translated in Pakistan into Urdu. Another more comprehensive book was published by the WHO (authors Prof Harendra de Silva and Dr. Chris Hobbs) to be distributed in South East Asian region in 2004. Only 1000 books were printed and steps should be taken to print more and distribute it to a wider section of the medical population including students). It is absolutely important to understand the need of these publications to reach the grassroots rather than it being a ‘symbolic’ publication.

Psychiatrists, Psychologists (and Counselors)

The knowledge base of this group has to be improved in recognizing abusive situations prevalent in the region. On the other hand we need to recognize the dearth of these professionals and the lack of available courses (except in India, but is also probably relatively inadequate considering the population) to train these categories. Since training of Psychiatrists and Psychologists would take in excess of ten years we should concentrate on training more counselors to meet the immediate demand, while training of psychologists and psychiatrist should be addressed as a longer term strategy. Concentration on production of manuals is crucial for the long term sustainability of the program.

Lawyers and Judiciary

Knowledge and skills with changes in attitudes in the area of violence against children should start from law school with changes in curriculum and introduction of the new laws. One should also understand that there is more money in defending perpetrators as compared to prosecuting them and hence the need for attitudinal change. Interactions with Judges in the format of seminars have proved to be excellent in the Sri Lankan setting. More money should be invested on these strategies by Governments, NGOs, UN and other International Organizations. When we address sexual violence against children in a home environment, we cannot ignore other inter-related types of violence and other factors that play a role in perpetuating all forms of violence against children.

(1) e.g. Domestic violence including sexual violence that starts with marital rape and subsequently abuse of children. The aspects of physical violence that precedes sexual violence and violent threats both on the mother and children to prevent complaining are aspects that cannot be ignored. This chronic process of justification of violence by the perpetrator and the associated “fear” also increases the ‘tolerance’ of violence and or by dissociating oneself when violence takes place, probably as a “Coping” Mechanism. This however increases the justification process setting different ‘Norms’ through the process of childhood, becoming a youth, and an adult. (2) Violence in the community All forms of Violence in the community percolates into the home and vice versa. It is difficult to isolate these two situations of violence. (3) Media Violence The media is now widely disseminated penetrating into individual homes (through TV and Radio) mostly focusing into undesirable but profitable (for the media and advertiser) information especially violence both physical and sexual (and controversy/speculation). The reality of the difficulty of reaching and addressing this aspect has to be realized especially considering the inter-connections of money, politics, the Mafias and other powerful power/ money seeking lobby groups, but nevertheless has to be addressed. Educational Programs for

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journalists/media although useful to change some of their attitudes, are ineffective unless the editors and managers come in since the ultimate publications are approved by the hierarchy. There are numerous illegal papers and magazines that are published not only for the adults but also children. These publications promote sexual activity, rape, abuse of children including promoting children to engage in sexual activity while using not only pornographic pictures but also textual content. Some of the laws prevalent now in most countries are weak to address textual content of pornography. (4) Alcohol and Drugs One must also realize the impact of alcohol and drugs consumption on the spectrum of abuse including sexual abuse, in homes and in the community, hence the importance to have an integrated response rather than disaggregated strategies, also taking into account the different ‘power blocs’ that could interfere with programs. (5) War and Internal Conflicts Conscription of children into combat is one aspect that may facilitate abusive situations but also the fact that there are thousands of refugees and displaced with totally inadequate shelter with extensive overcrowding and stress in adults that would predispose to sexual abuse and other forms of violence. For parents there would be other priorities for survival rather than safeguarding and educating themselves or the children from sexual abuse or other forms of violence. The consumption of alcohol too may be high in these communities. Therefore strategies to address sexual abuse, we should network and integrate with all these other programs of domestic violence, alcohol/drugs, peace and refugees in order to have a cumulative impact. The Use of media to positively contribute to programs, while negative programs are minimized may sound only academic considering the economic aspects of the media. Government control on violence in the media, while imposing compulsory airtime / print space as ‘obligatory’ Commercial Social Responsibility (CSR) may sound a plausible; but could be interpreted as ‘interfering’ with the media and or interfering with freedom of expression etc. The possible influence of the powerful lobby groups on politicians for a negative response is also possible. However this strategy is worthwhile exploring.

Legal Changes and Implementation

In many countries the laws are adequate for prosecutions against perpetrators of violence including sexual offences against children. However the attitudes of professionals reluctant to take action and police and the legal process not taking appropriate action or prone to corruption or interpretation/ambiguity in the laws has led to poor implementation of these laws. Legal obligations start from the National Constitutions that usually vow not to have any discriminatory policy, anti violence etc. while obligations of countries to abide by International Conventions (such as CRC) that it has ratified. Therefore National legal amendments should fall in line with the National Constitution and International ratifications and would become obligatory to all countries. Special effort and investment would be necessary to address this issue at the level of government and lobby groups. Most countries have not put offences against children in line (with the same emphasis) with offences against adults, although there have been attempts in some countries. For example rape of an adult (In spite of gender discrimination) has more focus in the legal process than the rape of a child. Policy makers have been shown to be very resistant to this change. This may be because of the view they have had from child/youth hood or because they themselves have been abused and subsequently some may have even been perpetrators previously/presently. Estimates in

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studies in Sri Lanka have shown that 8-10% of the adult male population has had sex with a child as a youth or adult at some time in their life, although they may not all have compulsive paedophilic tendencies. The lobbying should however continue. At the same time ‘draconian’ laws introduced in Sri Lanka in 1995 (Penal Code Amendment No.22 of 1995- Sri Lanka) which introduced Mandatory severe long jail sentences (e.g. Minimum 10 years rigorous imprisonment for sexual abuse) was expected to be a deterrent against crimes against children and women and all child/women’s rights activists were euphoric about the severe penalties. Although it may be a deterrent especially to foreign paedophiles that come as tourists, many have been discharged by the judicial process. It is believed that judges do not like mandatory sentences thrust upon them, but would like to have discretionary powers, hence the reluctance to sentence especially foreigners or the powerful with mandatory 10-20 year sentences. One High Court Judge in Sri Lanka who was not reluctant and gave sentences even up to 55 years was assassinated (although the reason may not be due to a child abuse case). Therefore we should consider discretionary powers to judges but without reducing maximum punishment and compensation. Non-Implementation of laws is another matter that should be taken seriously. Various factors from political and other power lobby interferences and corruption are the main causes. Not rewarding positive action is another cause especially when the perpetrators are willing to ‘reward’ (bribe) for inaction/suppression of the case. An independent monitoring process making the legal process accountable at all levels should be implemented (accountability should also include reward and punishment) There is also a need to introduce a child friendly court procedure with more emphasis on an inquisitorial process than the present British oriented Adversarial system. Another aspect that has to be highlighted is the issue of shame and stigma to victims in the form of secondary victimization after having reported sexual abuse which prevents reporting. The Penal Code amendment of 1995 in Sri Lanka addresses this issue by describing penalties up to 2 years of imprisonment to those media personnel that exposes the victim’s identity. This is a welcome move and should be adopted by other countries. However there has been NO implementation of this law in spite of complaints made (by NCPA) since the introduction of the law, hence the need to implement the law and probably reform the legal position with more description and clarity. (The awareness to society to prevent stigma and secondary victimization is probably more important than this aspect) This strategy would be common for the Home, Community, School, Institution and Workplace.

Training of Police

The training of Police in the implementation of the law is crucial. However other strategies of such as working towards changes in attitudes that should include a reward system for good work done and negative accountability for poor deeds would prevent corrupt practices. The police training curriculum should also change with introduction of social and economic issues, new laws, investigation procedures and how to question children would be examples. (The NCPA Sri Lanka has produced a manual “GUIDE TO INTERVIEWING CHILDREN” for the police on how to interview children and video-interview techniques ). There is also a manual produced by an NGO (distributed by the NCPA) for children on what a court is and how they should respond in court with the truth.

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Special Police training on surveillance and Investigation

Special training of police on surveillance and investigation of child abuse including community watch with the assistance of the community and NGO would be importance. Use of sophisticated equipment like hidden cameras and ‘wired’ decoys as well as use of Internet cyber-watch programs to track down paedophiles on the internet are useful strategies adopted by the NCPA police in Sri Lanka. However, training alone would be inadequate they should also be provided with the equipment and facilities including transport.

This strategy would be common for the Home, school, Institution and workplace. Rehabilitation and Re-integration

It is important to realize that children who have been physically sexually abused need extensive counseling for variable periods. The present emphasis to punish the adult perpetrator and the anger that is generated often moves the focus away from the child and the need for further protection, rehabilitation and re-integration. At the moment the dearth of psychologists and counselors in the Asian context makes it very difficult to cope with the problem. But more importantly the absence of the recognition of the need for these services has not only weakened the process of such intervention but also not allowed steps to be taken in the Health/Social Services to establish/strengthen such services. Convincing the population on the need for counseling, ensuring training of counselors and provision of facilities is an obligation of governments and civil society. There is a huge gap in this area in all countries and the investment that is needed would be huge, but nevertheless absolutely necessary and cost effective in the longer term. The training of Psychologists and Counselors should include production of manuals, and audio-visual training material. Regional training would bring experts together and the expense would be reasonable. Sending Trainees to Western Countries for long term training would only add to the ‘brain drain’ considering the demand for psychologists in the West.

This strategy would be common for the Home, school, Institution and workplace. Community processes

These are specific areas in addition to what is described above as strategies at home and in the community that would address sexual abuse and exploitation in the community as well as the home. l Empowering Non-Governmental Organizations (NGO) and Community Based Organizations (CBOs) in ‘bottom-up’ educational programs for children as well as mothers. There are many grassroots level women’s groups that are effective and could be used to address children’s issues especially sexual abuse (and other forms of violence). However, it is crucial that the CORRECT messages are given and hence the importance of documentation of such material and intensive training that is needed. l There are many ‘drop in centres’ for street children for their protection and for provision of some needs that are active in India and Bangladesh. In Sri Lanka this concept has been modified not only to provide facilities for street children but also other vulnerable groups that may stay in homes, such as children on the beaches who are exposed to tourist paedophiles for sexual exploitation. Briefly, the Children’s and Youth Development/Welfare centres provide facilities for TV, DVD/VCD, entertainment, Sports facilities including outdoor sports, Formal and Non-formal educational programs computer literacy etc that

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attract the children and youth to these centres. Once they come they are educated on issues of child abuse and especially on exploitation, HIV/AIDS, as well as Drugs and Alcohol abuse that are interlinked subjects. The community group that runs the project and the teachers are trained to give the information and special videos produced on the subject are intermittently transmitted. It is also important to ensure appropriate vocational training of not only the youth / adolescents to empower them but also the parents who may be poor and allow the children to bring home money with or without their knowledge of the process of earning. This training should not be symbolic but should have quality and awards of quality certificates should be ensured. It is unfortunate to see social empowerment projects by some NGOs (Often also supported by UN and other International Organization) ‘evolve’ into profit for sustainability of the Project, followed by Profit for the NGO for its ‘sustainability’, and then profit for ‘self’, leading to economic exploitation of those whom were supposed have been empowered! The Tourist Industry should be partially or indirectly accountable and be given responsibility to invest on CSR (Corporate Social Responsibility) projects to safeguard the surrounding poor population from abuse and exploitation.

Sexual Abuse in Schools

The strategies in homes and community should complement / integrate well with the schools programs. However there are specific areas where action is needed. The Ministry of Education should decide on National Policy that should be implemented through the Provincial/state governments. Circulars banning all forms of Child abuse including sexual abuse, physical and emotional punishment, (Sri Lanka introduced a circular in 2001 banning corporal punishment, together with a booklet to all teachers 200,000 – including why corporal punishment is bad and the alternate methods of punishment. The Ministry will be issuing a new circular which will include aspects of sexual abuse by staff in schools very soon). These policies should be introduced into private schools as well. The Ministry of education has established a new unit in the Ministry with an additional Director in charge, to investigate all forms of abuse (especially sexual and physical) by staff in all National schools across the country, since it was reported by the NCPA that the local educational authorities were not sensitive to complaints and partial towards teachers against the students. This strategy should spread to the smaller schools with sensitization, training and accountability of the local education ministry authorities. Such a concept should be introduced throughout South Asia. Some problems that may crop up are; aspects of responsibility and accountability of private schools to government authorities.

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Awareness and skills development programs in schools targeting teachers, children and parents should be initiated. In Sri Lanka a pilot project of “child protection committees” in schools was encouraging (A book has been produced by the NCPA in Sinhala to describe activities expected by the committee. Translations in progress). This is project uses a child participatory concept; but because of the initial resistance by adults to have “Rights” projects by children, strategically teachers and parents was involved. It also uses child to child (peer to peer) educational programs using posters and notice boards that encourage articles (essays) art and poems against child abuse and child rights. The book gives scripts for child rights plays and activities as examples. They are encouraged to have their own scripts. Display of posters on child abuse, child rights and responsibilities, all forms of violence against children, in the schools has proved to be very useful with a huge impact. The fact that the posters are printed on cardboard resulted it (posters) ‘surviving’ for more than 2 years.

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Bullying and sexual aspects of bullying Bullying (PEER TO PEER ABUSE) is a chronic but unrecognized problem in most schools (including the West). It often leads to severe psychological consequences including suicide. This is hardly recognized by school authorities or parents nor considered important when it is reported. One aspect is the sexual nature of bullying that is not uncommon. It may be ‘sadistic’ forms of abuse or getting the emotionally ‘weaker’ children to succumb to sexual demands. It is important to recognize the problem, include in policy strategies and take appropriate action including inclusion in the curriculum, especially to prevent bullying in schools (e.g. Bullying posters in schools –NCPA Sri Lanka) l

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Counselor training in schools should be a policy in the education system, with adequate resource allocations. The teachers should be trained to build their capacity in recognizing abuse and preventing abuse in schools as well as society in addition to teach children on aspects of preventing abuse including sexual. This capacity building of training counselors and teachers should be a continued process with updating programs. The National Institute of Education (NIE) of Sri Lanka has initiated such a program. Other processes to address trauma of all forms from the Tsunami to physical, psychological and sexual, should be included in curricula in schools. For example, drama, art, and other indirect therapeutic processes that address trauma should be considered important strategies to be included in the school curricula. There should be a process by which children should be able to complain of any sexual abuse (including physical or psychological punishment) in schools and would be listened to and the perpetrators be brought to justice. The teachers on the other hand should be accountable to the education system of any violations on their part. The usual warnings and transfers to a remote school would not be adequate especially for sexual abuse. There should be more severe deterrent punishment from a disciplinary aspect, in addition to the legal process. It also should be obligatory for the school authorities to inform the legal system (e.g. Police) without considering it as an ‘internal problem’ that should be resolved within the schools system. The authorities should be made accountable if they suppress such incidents. Aspects of ‘shame’ and ‘stigma’ to the school are one of the reasons for suppression; therefore discreet reporting with minimal/anonymous media exposure should be a strategy. The education system should also assess (measure performance) any improvements/ progress not only in terms of processes but also in terms of impact.

Institutions Should Include: l l l l l l

Orphanages Correctional Institutions (certified schools) Detention/Remand Homes Prison systems that keep children with adults even temporarily School Hostels/ Boarding Houses Religious Institutions that train priests (Seminaries – Christian, Buddhist and Muslim)

The reduced performance of Institutions in South Asia (Or all over the world) that are supposed to care for children can be easily traced to poor professionalism and monitoring/accountability in the system. l Lack of professionals, l Absence of screening at employment,

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Lack of monitoring by independent groups Lack of an independent/ transparent accountability process l Inadequate training (including continued ‘in service’ training), l Age old policy, l Unprofessional strategies and old concepts on orphans, and children in conflict with the law - are some of the aspects that would need to be totally revamped. Some of the other factors include, poor salaries to employees, inadequate funding, overcrowding, lack of incentives/ rewards, stigma of working in an orphanage, and the absence of an external monitoring system that contribute to the poor performance in institutions including violence of all forms on the children. The internal monitoring systems in institutions generally ‘hide’ problems within, in order to avoid stigma on themselves. It also contributes to the violence, abuse, exploitation and corruption in the form of a vicious cycle. l l

In order to address these problems that contributes to sexual (and other) violence within institution one needs to: l Try much as logistically possible to discourage Institutional care. However Community care in terms of foster-care also needs extensive screening and monitoring and is expensive l Revise age old juvenile justice laws and adoption laws that would be child friendly l Change laws that now enable children to be kept with adult prisoners or in adult prisons l Change policy and laws governing the institution/s especially regarding accountability to abusive behaviour not only by the perpetrator but also by the supervisor and the whole hierarchy and policy on the monitoring systems l Appoint Independent multidisciplinary Boards of Management l Increase funding for facilities, food, and education, training of staff and programs for children consider it as a fundamental obligation of the Government and the NGO funders. The Organizations should abide by the funding rules set by governments and subjected to independent government audits to ensure that the money is spent on the children and the projects and prevent corruption. l Better salaries for employees. The authorities should stipulate a minimum wage for each category of employee l Employ persons with a professional background with adequate training and provide them with attractive salaries. This investment is essential. l Screen the employees before employment by Professional who have the training and capacity to do so. There are many screening methods that could be adopted l Continued in-service training to improve professionalism and capacity is crucial. Encourage postgraduate training. Importance of non violence and non violent conflict resolution should be stressed (Other issues as sexual abuse, gender discrimination etc should also be a part without disaggregating the programs of training. l Take steps to reduce overcrowding in institutions l Have definite regulations on sleeping arrangements and supervision in dormitories or rooms l Work with Judiciary and police to avoid unnecessary admissions to institutions to prevent over-crowding, including involving them at a social level l Periodic inspections/monitoring by an independent group/s to ensure a process of accountability of management, staff and others

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l l l

l

l

Involve schools, youth and others to help and monitor, while ensuring a screening / protection process Ensure that these children come into contact with the general population and admission to regular schools Provision of quality vocational training for adolescents with award of certificates to empower them will prevent continued abuse and exploitation once released/out of the Institution Programs in the community to remove stigmatization. Our experience is that: Removing isolation in the institution and provision of facilities (e.g. playground) in the institution to the surrounding population removes stigma that is attached to the institution Training of the children on child rights, prevention of sexual abuse by teachers in the regular schools including by the trained and committed professionals within the institution is of utmost importance

Strategies in workplaces: l l l l l

l

l

The Most important strategy would be to eliminate/minimize child labour within the legal limits. The laws in relation to employment of children should be changed if necessary. There is a need to set age limits. If the laws are in place already, intensive programs to implement the law with training and incentives to labour officers and police is important to avoid corruption. Support and link with standard programs to eliminate child labour and other anti-violence including anti-sexual abuse programs. Although children involved in armed conflict are not always sexually abused, there are many conflicts all over the world including Asia that use children conscripted as ‘wives’ or sex slaves. At the same time the potential to sexual abuse will always be there in a world where adult rape of men and women occur when newly recruited even in Western countries, and always exists when the issue of POWER and CONTROL by superiors in the army over children exists. Local and International pressure on rebel groups would be essential since recruitment of children in armed conflict should be considered completely intolerable. International standards to take these groups to the war tribunal are important. Instead of this being theoretical a few test cases should be tried to make the others retract from this practice. Local awareness / advocacy programs against conscription will be very useful. For those who can be legally employed beyond the age limit (e.g. 14-18 years in Sri Lanka), minimum standards should be established with a monitoring mechanism by grassroots level workers. What is essential to recognize is that these are still children vulnerable to sexual and other forms of abuse although the laws indicates that they can be employed. It should be the responsibility of the employer to ensure registration of him/ herself and the employees with the monitoring authorities and or police. Periodic research (assessments including measurement of impact) on the situation with some sort of measurement index should judge the progress made over periods of time

Prepared by: Prof. Harendra de Silva Chairman, National Child Protection Authority Sri Lanka

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References WHO/HSCPVI/99.1. 1999 Report of the Consultation on Child Abuse prevention WHO/FHE/CHD/94.1. 1994. Protocol for the Study of Interpersonal Physical Abuse of Children. Khan Tufail M, 2000. Confronting Reality, Sexual Exploitation and Abuse of Children in Pakistan, a Situation Analysis. Published by the Child Rights and Abuse Committee, Pakistani Paediatric Association with Save the Children Sweden. de Silva DGH Chapter on Sri Lanka in: Child Abuse; a Global View 2000. Eds. SchwartzKenney BM, McCauley M, Epstein M. Frederick J and Kelley TL. 2000, in ‘Fallen Angels’, Roli books Pvt. Ltd and Lustre Press Pvt Ltd, New Delhi de Silva DG Harendra & Hobbs CJ 2000, Child Abuse: A Manual for Medical Officers in Sri Lanka, Published by the National Child Protection Authority of Sri Lanka, Colombo. ISBN 955599-215-0 de Silva DG Harendra & Hobbs CJ 2000, Child Abuse: A Handbook for Medical Officers. WHO (SEARO) Publication 2004.

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BREAKAWAY SESSION Presentations and Recommendations Recommendations (Made by Working Breakaway Group)

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BREAKAWAY SESSION Presentations and Recommendations Phychological and Physical Punishment - Occurrence, Effects and Explanations Resource Person: Mark Jordan

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BREAKAWAY SESSION Presentations and Recommendations

Recommendations (Made by Working Breakaway Group) Physical and Psychological Punishment in the Home Legal Actions: l

l l l

Developing specific and clear laws which urgently, explicitly prohibit all violence against children (VAC) including physical and psychological punishment in the family and other settings Repeal any existing defences that can be used to justify physical and psychological punishment Harmonisation of national laws on VAC with CRC Establish national Protection Services that are child friendly and mechanisms to enforce and implement legislation

Social reforms: l l

Strengthening existing social, safety nets Awareness raising and advocacy on the rights of the child to protection and laws and services that protect the rights of the child

Institutional Structures l l l

Sensitisation and capacity building for law enforcement officials, educational professionals, health professionals, faith leaders and community elders Strengthening the structures that provide services to children Utilising and strengthening the existing family and community support mechanisms and structures that protect children

Policies and programmes l

Make available to the community (parents, teachers, faith leaders, other professionals) information and training on non-violent child rearing alternatives and techniques of positive discipline

Research and Monitoring l l l

Prevalence studies Database Research on the effectiveness of the CPS (child protection services)

Physical and Psychological Punishment in Schools l l l l

Pass laws banning corporal punishment and effective rules for implementation of the law Government should increase budget allocations on education Teacher curriculum should include training on positive discipline methods Child participation in parliaments, when passing laws affecting students and consultations

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l l l l l l l l l l l

Re-align methodologies and structures based on a national cultural basis Link systems between policies and children Deal with congestion in schools Expand counselling services/social work in schools Involvement of parent-teacher association Child Friendly learning and spaces Child participation in setting school rules Address the causes of behaviour of teachers and students Life skills programmes to empower students Youth forums on a regular basis Research and monitoring in Attendance and Drop out Rate

Physical and Psychological Punishment in Institutions l l l l l l l l l l l l l l l l l l l l l l l l

Need to increase awareness about CRC Need to have effective laws that are effectively implemented and effectively monitored Review to address gaps between present regional laws and CRC and other human rights instruments Need to look more at implementation development- including human resource development Have independent monitoring bodies with powerful base- Need ombudsmen as deterrence and to monitor abuse Training on child friendliness across the board in all institutions to sensitise workers People who work to help victims of abuse should be approachable Need to protect victims from stigmatisation and further abuse that may happen as they speak out Have toll free Help Lines and other media that provide ways to report violence Use different mediums like email, etc, to have more accessibility by organisations helping children When the NGOs and CBOs look into matters not just of counselling, but also to keep track of perpetrators: don’t just focus on victims Institutions (especially police) to have special units to deal with children Network between all the levels of government down to grassroots More services should be available to match increased awareness and reporting. Otherwise people will get frustrated and not speak out again. Judiciary should be active, responsive and strong Impunity should be broken Have intermediary bodies as a go-between (eg.- ombudsmen) to monitor and deter Restorative justice approach in dealing with children in conflict with the law Divert children to other services rather than criminalizing them by putting them in the juvenile justice system Have guidelines and protocols in place so that institutions know what to do (which must adhere to UN standards of practice and guidelines) Research good practices that currently exist. Disseminate info on them between countries. Regular, continued monitoring Donor attention to focus on services and not only identification of issues, etc. Protection for people working with children

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Physical and Psychological Punishment in the Workplace (No members of the Physical and Psychological Punishment group volunteered to talk about this subject because they did not feel they had expertise in this area) l l l l

Children should not be in the workplace- though reality is different, so we need to work with it. But our ultimate principle is to stop child labour. Have a minimum age Define Hazardous work that children cannot do in line with international standards Have alternative places where children can stay while parents work.

Physical and Psychological Punishment in the Communityl l l l

l l l l l

All laws need to match CRC Role of public litigation in child protection and prevention of violence against children needs to be seen as advocacy tool. Empirical data required is to support advocacy. Need good investigations for this. Adoption procedures need reform and legal documentation. There are trafficking dangers and children’s rights issues to be aware of. Not every child can be given adoption because it’s prohibited. There is a need for laws and policies to ensure safe adoption and follow up Need legal definitions of punishment, and violence against children Need child friendly procedural laws. Laws that exist cover hurt and insult. But legal procedures need to be child friendly. Need children to be able to easily report to mechanisms- that they understand where to go and who they can go to, Children should not come into contact with the police and the court in the first place Need for a strong police information campaign attacking myths and mindsets

Institutional Structures l l l l l l l l l l l l l l l

Counsellors in schools, trauma counselling wide spread. Capacity building Structures like the Child Welfare Commission in Afghanistan and the National Child Protection Authority in Sri Lanka need to be promoted across the region Structures alone not enough- need capacity building for people working with children Monitoring mechanisms at district levels that connect to ministries Children need to be part of existing programs on rehab and recovery. Children have not been integrated specifically here. Medical Treatment and care has to be integral part of recovery. Need to pay attention to disabled children in particular in all programmes and policies and services involved HIV/AIDS and discrimination needs to be looked into (no time here). Prevention: need for strong public information campaign which would raise awareness Training of teachers, parents, Human rights education for judiciary and police. Prevention approach must address some of the larger problems such as impact of media, substance abuse, globalisation, etc. There is need for convergence of services. Legal reform- criminal liability of the community needs to be established and Awareness of laws required for perpetrators.

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Prevention

l

CF school curriculum. Child protection issues must be integrated at the panchayat level or other decentralised levels Compulsory birth registration

l

Registration marriages

l l

Areas of research l

On impact of media, affect of alcoholism, displacement, migration, impact of disasters on children and situations of stress that increase children’s vulnerability to all forms of violence.

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CLOSING SESSION

Welcome Speech by Mrs. Zobaida Jalal, Federal Minister for Social Welfare and Special Education for the Concluding Session of Regional Consultation on Violence against Children on 20th May 2005

His Excellency, the Prime Minister of Islamic Republic of Pakistan, Mr. Shaukat Aziz, Federal Secretary, Mr. Naeem Khan, My Colleagues from the N.A and Provincial Minister Dr. Saeeda Malik Ms. Cecilia Lotse, Regional Director, UNICEF ROSA Professor Paulo Pinheiro Distinguished guests, Excellencies, Dear children, Ladies and Gentlemen,

Assalam-o-Alaikum,

It is a matter of great privilege for me to welcome this impressive gathering of highly knowledgeable and dedicated people at the Concluding Session of the Regional Consultation on Violence against Children. Children are our future and their development is central to all our efforts. This sober and impressive gathering is a manifestation of the fact that we seriously accept the vulnerability of our children and their need for special care and protection at multiple levels. The violence children suffer in any form or in sphere of life, causes physical, psychological and emotional ruptures in the development process of the children. The social costs are too large to be ignored. The problem of violence against children is a chronic issue in a large number of countries, including those representing South Asia. The hurt of children is unacceptable.

Ladies and Gentlemen,

The presence of our Prime Minister, Mr. Shaukat Aziz is a source of absolute encouragement for all of us and it is a reflection of our government’s high priority to child rights. Sir, it is also a clear indication of our commitment towards the well-being, protection and development of children which is also reinforced by our poverty reduction strategy. Pakistan can boldly state that it has mobilized political will at the highest levels for addressing the complex issues of violence against children comprehensively and with sensitivity. Mr. Prime Minister, the presence of children throughout the consultation and even prior to it is a global testimonial to the inclusion of children’s voices which are critical to our search for indigenous and sustainable solutions. A Regional Children’s Consultation was organized prior to this main event making us fully conscious that today’s children will perform critical roles in the future. Their equal participation and comprehensive recommendations for building a safe and protective environment are ample evidence of their awareness about their rights and future responsibilities. We are soliciting children’s views to find out how they perceive ‘violence’, their hopes, aspirations, remedies and priorities.

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I would also like to thank all the foreign delegations from our neighbouring countries including ministers, experts, social activists for travelling to Pakistan for their meaningful participation in this consultation. Their contributions and invaluable inputs during the two days’ proceedings were substantive and commendable. We wish to continue working with the same spirit and enthusiasm, as a collective group from the region. We must have a South Asia Forum on Violence against Children so that we are able to stand together in our efforts to thematically strategize and effectively implement measures for ending violence against children, be it in the area of gender violence, physical and psychological punishments, child sexual abuse and trafficking, thereby meeting our national obligations, regional and international commitments. There are core areas for urgent attention. Sir, it would also be only appropriate to add that the vulnerability of children as it has been articulated forcefully in the recommendations must be fully interfaced and integrated with the Millennium Development Goals (MDGs). This aspect is implicit in the MDGs and not explicit. We want the recommendations of this consultation to be reflected in the targets and workplans of all our mainstream ministries and a strengthened Social Welfare or infact a Social Protection and Special Education Ministry to walk the talk. Sir, we all want to replace children’s tears with smiles.

Ladies and Gentlemen,

I would like to thank all the participants for being here with us. I want to acknowledge UNICEF, its regional and national representatives, Ms. Cecilia Lotse, Ms. Serap Maktav, Mr. Omer A Abdi, and their enthusiastic team for extending full support on the child protection projects in our country and their close association in advancing the objectives of child rights agenda. Save the Children Alliance also deserves special appreciation for their cooperation and assistance in promoting the understanding of children’s issues in our society. Moreover, I also thank donors, INGOs, NGOs who extend continuous cooperation in helping us come closer to the full implementation of the child rights agenda in Pakistan and for their untiring pains in mitigating the suffering of our vulnerable children. May, I also thank the facilitators, and Resource Persons for their full participation and cooperation in making the event successful. While concluding, let me also acknowledge the important and the critical role of media in promoting child rights awareness at a faster pace. Their tremendous work and rigorous efforts for sharing news and creating instant awareness on child rights, responsibly reporting abuse and exploitation cases at local and regional levels is admirable. I also owe a special gratitude to the dedicated team of National Commission for Child Welfare and Development (NCCWD) who worked hard to make this consultation a success. In the end, Sir, I would like to thank you once again for making it possible to be here with us today in this vital consultation, because I know personally that you delayed your other commitments. Your presence shows your personal commitments towards Child Rights. Thank you.

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Impressions by Prof. Pinheiro Independent Expert, UN Study on Violence Against Children

Prof. Pinheiro, while presenting his impressions of the two days SA Regional Consultation on Violence Against Children, thanked the host government and organizers for their support. He acknowledged the importance of the presence and support of the Pakistani Prime Minister and the attention of the press he brought. Excerpts of his impressions are as below: Reaffirming that while violence against children is a problem present in every country, crossing boundaries of culture, economy and education, it is also preventable and avoidable everywhere. I am extremely glad to see that besides having excellent involvement of governments and other regional organizations during the consultation, absolutely no one here denied the existence of violence against children. To not deny the existence of violence against children, but rather to openly acknowledge and recognise the lack of knowledge that we have about it are important steps in this process. The frank presentations from State representatives were remarkable and certainly open important doors. But, as a girl from the child participants group said during the conversation we had: “action is needed and needed urgently”. Children cannot wait until the next generation to see more respect for their rights. And in my dialogue with many State representatives I felt that there are already some concrete action possibilities coming to fruition. One of them is the creation of an inter-governmental group that periodically meets to reflect on and improve their work with topics discussed here. The Pakistan Minister of Social Welfare offered her country’s support for the gathering for the first two years. She also showed great commitment in promoting a ban on corporal punishment. The meeting tomorrow with government delegations will also be an excellent opportunity to continue this work. This is a continuous process - the defense and promotion of human rights is a journey without an end point.

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CLOSING SESSION

Speech by Cecilia Lotse, UNICEF Regional Director for South Asia at the closing session of the South Asia Regional Consultation on Violence Against Children

Islamabad, Pakistan May 2005

Mr. Prime Minister, Honorable Ministers, Prof. Pinherio, UN colleagues, participants and children. I would first like to take the opportunity to thank the Prime Minister and the Government of Islamic Republic of Pakistan for the hospitability that they have shown in hosting this consultation. This meeting has heard forthright views and seen a desire to break with harmful practices that affect children. The meeting has also taken place in an atmosphere of cordiality and warmth and for that I would like to thank everyone, I would like to thank especially Minister Zobaid Jalal for her leadership. There were many things that struck me over the past day or so. In particular I would like to commend the children for bringing us rapidly to the heart of what emerged in may of the country presentations. The skid performed for us showed a child, who was being abused in her home, by someone who she should have been able to trust, and how even her mother did not listen. Abuse, not being listened to, and a feeling of not having any power over her life had tragic consequences. In the presentation from countries we heard about suicides and the children showed us how easily and how painfully such tragedies can occurs as children suffer violence of the body and of the spirit. The Declaration from the Children also pointed out how social conditions can perpetuate violence because of the fear of breaking taboos. Particularly, in the areas of sexual violence there is a worry about personal and family honour. The result is that silence is encouraged and abusers are granted impunity. We should never be asking children to accept the unacceptable. Another thing that struck me was the way that our guests of honour yesterday, Pakistan’s First Lady, pointed out to us the goal as we move forward. She looked at the face of the child on the background behind her and said that next time let us hope that the tears were gone and there is smile on that face. So this is very much work in progress. The consultation in South Asia has provided to be the catalyst for a very impressive audit from countries on how children stand under the law, what they can expect in schools and how some tradition attitudes impact upon their lives. As so often at these kind of meetings, what has come out very strongly is not what divides us but what so many countries have in common. We have heard of ‘night hunting’ in Bhutan and ‘night fishing’ in the Maldives. One assumes that between these two geographical extremes in the region there are other similar activities with perhaps other names that place a gross on extreme harassment and even rape.

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The similarity in the issues emerged time and time again. These included concerns about quality education, concern about some traditional attitudes to upbringing, and the recognition of how severe disparity in South Asia distorts lives and acts against the best interest, not only of women and girls, but also of the societies as a whole. At one point yesterday the discussion provoked, what appeared to me, to be a real consensus around the need for urgent action and a motion of sorts that suggested that at an official level there should be regular meetings when countries could share common experiences and learn more about what is working for children. This feeling was confirmed by Prof. Pinherio and Minister Zobaid Jalal. If this is the will of the countries at this meeting that I can promise assistance. I am more than prepared to do what we can at the UNICEF Regional Office to bring more focus on corporal punishment, street children and early marriage. All these issues, as you know, are regional.

Mr. Prime Minister,

Corporal punishment and early marriage, it seems to me, demonstrates the link between the violence that children so often are forced to endure and the slow progress being made in so many countries towards achieving the Millennium Development Goals and the promises of a World Fit for Children. Other good ideas were produced in the various presentations. Yes, there is clearly a need for better statistics on what is happening to children particularly those that are working, or who are at risk from trafficking or otherwise vulnerable. This is the age, after all, of the database! Children we were told yesterday have ‘disappeared’ but, from what we all know, unfortunately this is not surprising. Accurate figures and facts are a weapon against those who would do harm to the people we need for all our futures. In addition, Mr. Prime Minister, I personally felt there was something of a cry from the heart form one delegate who said that issues dealing with children should not be sole responsible of one Ministry, such as Women and Social Affairs. The future of children is indeed all our future and the suggestion was that actions in support of helping children achieve their full potential should be mainstreamed through all government sectors and should be policy matter for all. As indicated earlier, I was struck by the repeated calls for countries and individuals, for all of us, to break the silence about violence against children and to speck out. Honour killing, dowry deaths, female infanticide. All are against the laws of countries but have persisted. We need attitude change. We need advocacy, and continued exposure at all levels of society of the inequality and extreme gender disparity that lies behind these practices. We need to promote gender equity and be clear that violence against children is completely unacceptable. We are not dealing with, as was said, mini people with mini human rights. One of the speakers yesterday when talking about infanticide and gender selection said, ‘we do not wish to hide’. This spirit of openness will do much to help us to see more smiles on the faces of the children of South Asia. Thank you.

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CLOSING SESSION

Speech for the Concluding Session of the Regional Consultation on Violence against Children by His Excellency, the Prime Minister of Islamic Republic of Pakistan, Mr. Shaukat Aziz 20 May 2005, Islamabad, Pakistan

Mrs. Zobaida Jalal, Federal Minister for Social Welfare and Special Education Ms. Cecilia Lotse, Regional Director, UNICEF ROSA Distinguished Guests Loving Children Ladies and Gentlemen

Assalam-o-Alaikum,

I am delighted to be in your midst at the concluding session of the Regional Consultation on Violence against Children. Today, I am pleased to see glittering faces of children, a reflection of a bright future of the world. I can see deep confidence, profound capabilities and leadership qualities in them, essential elements for moving towards peace, sustainable progress and prosperity.

Ladies and Gentlemen:

Our understanding of the Child is “every human being below the age of 18 years unless, under the law applicable to the child, the majority is attained earlier”, as defined in Article 1 of the Convention on the Rights of the Child; while the intentional use of physical force or power threatened or actual is the violence. We understand that the children are the most vulnerable group in our societies. Their rights are still subject to serious abuse around the world. Notwithstanding the almost universal ratification of the Convention on the Rights of the Child, millions of children are still subject to violence every day. We are still confronted with the challenges of child labour, trafficking in children and children in conflict with law. Children living in sub-human conditions experience deprivation of material, unable to enjoy their rights and achieve their full potential or participate as full and equal members of the society.

Ladies and Gentlemen:

We realize that the situation of girls and boys in many parts of the world remains critical as a result of the persistence of poverty, social inequality, inadequate social and economic conditions in an increasingly globalized world, armed conflict, displacement, exploitation, violence, illiteracy, intolerance, discrimination and inadequate legal protection. We are convinced that urgent and effective national and international action is urgently required for the realization of a standard of living adequate for the child’s physical, mental, spiritual, moral and social development, the protection of the child from torture and other cruel, inhuman or degrading treatment or punishment, the provision of universal and equal access to primary education and the implementation of the commitments on the education of children contained in the United Nations Millenium Declaration.

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Ladies and Gentlemen: We recognize that the Resolution 57/1901 adopted by the General Assembly of the United Nations urges all States to assure the child, who is capable of forming his or her own views, the right to express those views freely in all matters that affect him or her, and to involve children and young people in their efforts to implement the goals of the Summit and the special session of the General Assembly on children, as well as in other programs relating to children and young people. We understand that the UN Study on Violence against Children will be rich in data, global experiences, the development of strategies aimed at effectively preventing and combating all forms of violence against children, and outlining steps to be taken at the international level and by States to provide effective prevention, protection, intervention, treatment, recovery and reintegration of the child. The study should provoke comprehensive national reviews of the situation of violence against children covering, among other things, prevalence, legal frameworks, child protection systems, statistics, violence in institutions, evaluation of reports and recording of data and initiatives to protect children and prevent violence against them.

Ladies and Gentlemen: As signatory of the Convention of the Rights of the Child (CRC), we are committed to provide an enabling environment to the children to harness their full potential without fear and abuse. We believe that the cross-cutting and multi-sectoral nature of child protection calls for a wellcoordinated approach to the issue. The justice system must strive to be transparent and progressive for providing our children a protective, promising environment for their better upbringing and realization of inner potential. This, Ladies and Gentlemen, needs our resolute commitment at all fronts for crafting child friendly and child protective legislation as well as formulation of child sensitive policies and strategies. We will have to build the relationships of trust and mutual dignity that are essential for their healthy development.

Ladies and Gentlemen: The South Asian Countries have a lot in common; the cultural values, societal organization, traditions, and challenges. They can share information, learn from each other’s experiences, and develop a common strategy adjustable to local conditions to fight the violence against the children. On our part, we have set up a Child Welfare and Protection Bureau in the Punjab. The experience is being replicated in other provinces. Child Protection legislation is in the final stages. Assessment of our existing laws, identification of gaps and enactment of new laws is in the pipeline. Treading on the same path, a Child Protection Centre is being established at the federal level including a series of protective measure for identification, reporting, referral, investigation, treatment and follow up of child maltreatment and abuse. Through decentralization of power, child welfare and development centers are being established even at the district level for streamlining of efforts and bringing best practices available to all. I believe that the Ministry has also finalized National Plan of Action for Children.

Ladies and Gentlemen: We believe that education and health will be the key to transform our societies and to eliminate this menace. We need to direct our resources in bringing qualitative changes in developing our human capital. Towards this end, we have declared education free up to secondary level, and are providing various incentives including free text books, scholarships, and nutritional foods to

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girls to encourage the young generation to enroll themselves in schools. As the society becomes more enlightened, tolerant, democratic, and progressive through education, it will transform our cultural values and expected to minimize the violence against children.

Ladies and Gentlemen:

Recognizing the services of the civil society and the private sector, we firmly believe that we need to build partnerships considering the magnitude of the task. The civil society organizations should actively seek to motivate and mobilize the community to take actions for violence against children,. The media, both electronic and print, can be a catalyst, a change agent, and voice of conscience in creating awareness and educating the society to resist all forms of violence against children. Media has a very dynamic role of communicating ideas and knowledge to those living outside of this hall, in our remote areas and indeed our global village instantly. Their role in sensitization of the masses, formulating opinions and urging them to take action is undeniable. In conclusion, let me say, Ladies and Gentlemen, that we will be looking forward to the recommendation of this Conference to synergize our strategies and programs in creating an environment that offers love, security, and care for the children and provide full opportunities to them to acquire knowledge and to be a productive, healthy, and participative members of the society. Let me also commend the efforts to the Ministry, especially that of Mrs. Zubaida Jalal for bringing the issue to the forefront and mobilizing requisite support to address the related problems and issues. I wish the Ministry and the South Asian Countries a success in coming up with convincing and viable recommendations to become part of the UN Secretary General’s Study on Violence against Children.

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ANNEX IX

COUNTRY ACTION POINTS

Afghanistan

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Bangladesh Recommendation for Bangladesh Country Program on Preventive Action of Violence Against Children 01. Harmonization of the child protecting national laws with CRC and other relevant international instruments. 02. Enhance life skill based education in “formal and non-formal” education aiming at protecting them from violence, abuse and exploitation. 03. Make available to community [parents, teachers, faith leaders and other professionals] information and training on non–violent child rearing alternatives and training on positive discipline. 04. To conduct 64 sub-national consultation on violence against children. 05. Initiating database on child protection issues under the management of Ministry of Children and Women Affairs. 06. Increase rehabilitation and reintegration services for children victims of violence, abuse and exploitation.

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Bhutan

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COUNTRY ACTION POINTS

India

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Maldives

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COUNTRY ACTION POINTS

Nepal

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COUNTRY ACTION POINTS

Pakistan

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Sri Lanka

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Terms of Reference of South Asia Forum for Ending Violence Against Children I. Vision A regional body for ending All forms of Violence Against Children Children .. As per CRC convention 0-18 inclusive of stages of development of the child up to adolescence [11-19]

II. Objectives /Scope To : 1. Monitor the commitments of the governments and undertake follow up actions 2. Recommend to the national regional and global levels to bodies such as SAARC, UN and others .. take forward the Recommendations of the UN Study Report 2006 3. Share and disseminate information, effective practices and lessons learnt 4. Undertake collaborative research 5. Collaborate on training and capacity building 6. Initiate innovative programs and projects 7. Advocate at national and regional levels 8. Develop indicators for regular monitoring of Progress to end All Forms of VAC

III. Composition : Focal Ministry /Authority of respective Govts.. preferably autonomous bodies under the government .. Ministry can coopt line agencies/ ministries (vary from country /context) (4) Representatives of Civil Society/NGOs working for VAC (relevance)/or Coalition Rep. Representatives of Children’s Groups ( Gender Balance not more than 2 ) * South Asia Coordinating Group Against Commercial Sexual Exploitation and Trafficking of Women and Children reps will be coopted for facilitation

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IV. Institutional Set UP A Rotating Secretariat every two years ; Pakistan proposed to be the first one. (Focal Ministry ) Personnel :

Dedicated team of professionals (govt./ NGOs/Experts) 3-4 ToRs to be developed and circulated for approval Reporting protocols to be finalized and circulated

Meetings :

Six monthly thematic focus meetings Ministerial meetings annual following the technical meeting for decisions and follow up

Budget :

To be finalized and shared with member countries/ development partners

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ANNEX X

CHILDREN'S CONSULTAION ON VIOLENCE AGAINST CHILDREN

Agenda Children and Young People’s South Asian Consultation on “Un Study on Violence Against Children” 17th - 18th May’ 05, Islamabad, Pakistan

The OBJECTIVES of the Girls and Boys’ Participation in the Regional Consultation for the UN Study on Violence against Children: l To ensure that girls and boys actively share their voices and more importantly their actions, tools and processes against violence l To ensure that girls and boys actively advocate their recommendations and actions against Violence with government, planners and policy makers l To ensure that boys and girls are voices and recommendations are incorporated regional thematic contributions to the UN Study.

17th May 05

18th May 05

l

Welcome and Introductions

l

Creative Recap

l

Expectation and Objectives

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Planning for the Regional Consultation

l

What are girls and boys saying on Violence against Children

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Agreeing and planning for key issues to be raised in the Regional Consultation

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Sharing examples on children’s action to end violence against girls and boys through their own initiatives

l

Opportunities for children to influence the Regional Consultation (panels, from floor and drafting committee)

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South Asian Report: actions and achievements

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Selecting and electing representatives for the Regional Consultation

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Group discussion on achievements and gaps

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Preparing a statement from the C + YP form

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Closing

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Brief Report Regional Consultation with Children and Young People for the South Asia Regional Consultation on Violence Against Children 17-18 May 2005, Islamabad

Background

The South Asia Regional Consultation with children and young people held in Islamabad from 17-18 May prepared the girls and boys to ensure their meaningful participation in the larger South Asia Regional Consultation on UN Study on Violence against Children, which took place in Islamabad, Pakistan from the 19th – 21st of May 2005. The Children and Young People’s consultation provided children a platform and encouraged dialogue and discussion amongst girls and boys on the various forms of violence against children in the region. Furthermore, development of joint recommendations to end violence against children in the South Asia region. The Children and Young People’s consultation brought together 25 girls and boys from seven South Asia Countries, including Afghanistan, and was facilitated by Save the Children , Plan International, and UNICEF. The participants were 13 girls and 12 boys from Afghanistan, Bangladesh, Bhutan, Maldives, Nepal, Pakistan and Sri Lanka. They ranged in age from 10 to 18 years. About half of them understood basic English. All children were accompanied by chaperones or translators. Selection of the children and young participants was done at the country level, either by the children and young people themselves or through a selection process by the country representatives of the South Asia Coordinating Member group, based on the children/young people’s past involvement in activities related to children issues. The facilitator used participatory learning methodology and child friendly tools for working with children to reach the above goals. After a game on self-introduction, they broke into small cross-country groups to discuss their expectations and ground rules for the next two-day consultation. Representatives of each group reported these back to the plenary. Expectations and ground rules were written on a common board so all participants could remember and be aware of them.

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Expectations

Ground Rules

1.

At the end of the day we should make friends and get to know everyone

1.

Everyone should express their own ideas without fear

2.

We should know how to prevent and fight violence against children

2.

Everything which is said should be understood by everyone

3.

Making friends and sharing experiences during the workshop

3.

Mobiles should be turned off

4.

We should focus on child rights

4.

Give chance to everyone to speak

5.

Our parents should be proud of us for our participation

5.

Everyone should talk to each other in their own language

6.

Get clarity about child's rights

6.

Everyone should be friendly to each other

7.

We would like everyone to listen to our opinions

7.

Respect other's opinions

8.

Listen to others and don't interrupt

9.

Respect each other

8.

Adults should work hard to protect children from violence

9.

We will learn about sexual abuse and corporal abuse of children

10. Raise your hand 11. There should be enjoyment of the meeting 12. Language should be slow, understandable and fully translated

The children were shown the film “Children’s Voices Against Violence Against Children,” made by child media groups through partnership with Save the Children Sweden’s Regional Office for South and Central Asia. The movie presented children’s perceptions and concerns about violence against children in different contexts within South Asia, and their actions against it. Children pondered on the issues and recommendations stated in the film. Following this, children then broke into their own country groups to discuss the violence that happens against children in their own countries. Through their own country presentation, children learned about the various forms of violence children are subject to and of the types of interventions in other countries. They also discussed children own action to end violence against girls and boys discussion strategies like negotiation with family, school, discussion and dialogues with members of parliament, using media to raise issues of violence, etc.. Children and young participants discussed these issues in terms of collective recommendations they would create to present to larger group attending the South Asia Regional Consultation on Violence Against Children, government representatives, NGOs, media, academicians, INGOs including UN agencies. Facilitators shared the aim and method of the UN study, focusing on prevention of violence against children and the mechanisms required to support children who fall victim to violence. Furthermore, Children identified actions that had been taken by children against violence against children in their countries. They were also asked to choose representatives to sit in the Statement Drafting, Media and Feedback committees. Children’s actions against violence against children in their own countries was discussed. Following are some examples of Actions taken by Children like children are involved in advocacy, making movies and printing newspapers, National Child Task Forces (Sri Lanka and Bangladesh) to investigate and monitor violence, child-to-child forums to raise awareness and peer educate, and committees for training (of police, teachers, etc). Children, also in a group work, agreed on Recommendations for Action by Government and Parents

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Recommendations Governments l

make the laws concerning children in line with the CRC and make sure that they are strictly implemented

l

Parents l

Create and have special task forces all over the country to end violence

Raise parents' awareness of the CRC by establishing a parents' association in the community so that they can raise their voices on violence against girls/boys

l

l

Create and hold regular consultations with the parents' as well as children's committees and community leaders

Parents should be more connected with their children - listen to them and see things from their point of view

l

l

Create child-related laws and stop violence against children

Involve parents, teachers, NGOs and children in programs to address violence against children. Community should pressurise government administration to stop violence.

Government should also use the existing government and NGO bodies for stopping violence against children

Then, after a presentation of a child friendly summary of the UN Study’s findings in the South Asia region, they returned to the two groups to discuss actions they thought governments and parents should take to stop violence against children. Briefing for the Regional Consultation: Children were briefed about the events and their role in the Regional Conference on the 19th-21st of May. Following the input children worked very hard in separate groups to prepare for various opportunities in the main consultation.

Discussions on Physical and Psychological Punishment, Gender Based Violence and Child Sexual Abuse

Participants divided into three groups to hold in depth discussions about each type of violence, and developed recommendations on ways to combat it. These recommendations were presented in the plenary and incorporated into the Statement released by Children and Young People on Violence Against Children in South Asia.

Presentation of Children/Young People’s Preparation for Regional Consultation Each group then prepared presentations to share at the Regional Consultation on the 19th -20th May. The group on physical and psychological punishment compiled drawings of scenes of physical and psychological punishment, and one member of the group performed a song he had written about child abuse. The groups on Gender Based Violence and Child Sexual Abuse both prepared a series of skits. Groups rehearsed their presentations before the plenary once and asked for feedback for finalisation.

Statement Drafting

A self-selected group of girls and boys drafted a Statement by Children and Young People on Violence against Children in South Asia. The statement was based on the discussions that had taken place during the consultation. The drafting committee incorporated the recommendations made by the three working groups on physical and psychological punishment, gender based violence and child sexual abuse. They presented their work to the plenary for changes before finalising it. A Draft of the Young People’s Statement Follows.

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Statement by Children and Young People Regional Consultation for the UN Study against Violence against Children 17th – 18th May 2005, Islamabad, Pakistan WHO WE ARE… we are children from Afghanistan, Bangladesh, Bhutan, Maldives, Nepal, Pakistan and Sri Lanka who have made this statement. We are 13 girls and 12 boys who have discussed issues of violence against children, which takes place in our countries and in the region. In the last two days we have shared our experiences, concerns and achievements in taking action against violence. We looked at gaps and made recommendations. Our discussions focused on three types of violence: physical and psychological punishment, gender based violence and child sexual abuse. We then prepared our own initiatives and actions to address these issues. WHERE AND HOW CHILDREN FACE VIOLENCE… Physical and psychological violence, gender based violence and sexual abuse happen in different degrees in all countries in the region. Violence not only has physical consequences, but also psychological/emotional consequences, which might even affect children more severely. Adults seldom listen to children when they talk about abuse. Some forms of violence are considered taboo. For example if children try to talk about child sexual abuse, adults are afraid that the community will know about it and they might be discriminated against. When children tell their family that they have been sexually abused the family may feel dishonoured and it may even lead to honour killing. If children are abused in school or at home they do not talk to their friends because they feel ashamed about it. Some adults also abuse children for their own pleasure. In other cases adults think that punishment is good for children and do not see it as abuse. Since many adults themselves were beaten or psychologically punished as children they may believe it is necessary for adults to punish children for the children’s own good. Also, parents may not know different ways of bringing up children. In many countries parents think it is their duty to get girls married at a young age. Young brides may be tortured and harassed by their husband’s family for not understanding family matters. We also discussed many other forms of gender-based violence. When children suffer violence, they sometimes learn to fight violence with violence. This is how cycles of violence are continued.

We Also Discussed Causes of Violence…

Sometimes cultural, traditional and / or religious practices can be harmful for children. At times poverty can cause neglect and violence since parents do not have enough money to fulfil their needs or educate their children. Patterns of violence are also reproduced from one generation to another, making a cycle. Adults like teachers, may lack knowledge of children’s rights or the affect of physical and psychological punishment. Discrimination and unequal power relations in society also makes violence against children worse. Some countries do not have laws on violence against children, or their laws may not be enough to protect children. Often children are not aware of how to get legal help. There are not enough counselling and psycho-social services to rehabilitate children who have been abused.

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We Would Like to Share Some Actions Taken by Children We can keep a watch

For example, in some countries in the region, National Task Forces of Children have been formed. These monitor situations related to violence against children within the country and report to governments and NGOs about it.

We can Help

Girls have developed centres to help other girls who are facing problems such as abuse or threat of forced and early marriage.

We are a part of awareness raising l l l l l l

Street Plays are used for making the community aware of abuse by teachers and parents and its negative impact. Radio shows, monthly newspapers and movies made by children for children. Child-to-Child forums are creating awareness of child rights. Children are involved in making visual arts and creating posters. Children make monthly bulletins that are displayed in their clubs and in public places. Children have made documentaries on child abuse that have been broadcast on satellite channels.

WE RECOMMEND l Adults should listen to children’s suggestions on how to address violence against children and activate them l Governments make the laws concerning children in line with the CRC and make sure that they are strictly implemented l Create and have special task forces all over the country to end violence l Create and hold regular consultations with the parents’ as well as children’s committees and community leaders l Create child-related laws and stop violence against children l Involve parents, teachers, NGOs and children in programs to address violence against children. Community should pressurise government administration to stop violence. l Government should also use the existing government and NGO bodies for stopping violence against children l Raise parents’ awareness of the CRC by establishing a parents association in the community so that they can raise their voices on violence against girls/boys l Parents should be more connected with their children – listen to them and see things from their point of view l Media should not use names, pictures and addresses of children who have been abused l Produce more child friendly information and materials on violence against girls and boys and its prevention l Children who are a part of children’s clubs, task forces, child parliaments and child media groups should be trained on violence against children so that they can train more children to end violence l Children need to be informed of the responsibilities that come along with rights so that they also do not abuse other children

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End Physical and psychological/emotional punishment and promote love and affection for children l

l l l

l

Governments should create national laws against physical and psychological punishment and make systems to implement and properly monitor these Teachers should behave lovingly and affectionately towards children Governments should ensure that laws are widely known by everybody Teachers should be given proper teacher’s training and training on positive discipline and parents on parental education There should be mechanisms in school and out of school where children can complain about severe punishment

End Gender Based Violence l l

l

Parents should know about children’s rights and treat girls and boys equally The government should make laws for violence against girls specifically and implement them strictly throughout the country Governments should raise awareness frequently and regularly on violence against girlsthrough media, such as radio, papers, television, posters, notices and school curriculum throughout the country

End Child Sexual Abuse l l l l

Try to implement the laws of the CRC relating to sexual abuse for children and abusers Counselling and other support should be accessible in the community for the children Forming Child Task Forces which will work on preventing child sexual abuse Include prevention of child sexual abuse education in the curriculum – provide safety education from a young age

We urge you to activate these recommendations and others made by children in previous consultations and to involve us when designing actions on Violence against Girls and Boys in each country and the region.

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