Dr. Md. Shairul Mashreque and Nasir Uddin :
Human rights recognized and proclaimed by United Nation Convention (UNC) have drawn serious attention from Global Civil Societies (GCS). It suffices mentioning that emphasis is given not only on declaration of human rights on diverse frontiers of human development but also on governance issue to facilitate implementation of human right (ARISE report).
In Bangladesh like other democratic countries human rights are protected by constitutional guarantee. The international human rights norms have been enshrined in part III of the constitution of Bangladesh as fundamental rights and the Supreme Court has been entrusted by the constitution with the duty of safeguarding and enforcing those rights and prevents any violation of them by any authority of the state (S.M. Solaiman).
Articles 27, 28 and 31 of the constitutions lay down general principles regarding the protecting of children and others from all formers of discrimination (Kamal Siddique). Laws relating to child rights in Bangladesh include: the Penal Code of 1860, the Divorce Act of 1869, the Contract Act of 1872, the Guardians and Wards Act (amended by presidential Ordinance no. 50 of 1982), the Code of Criminal Procedure of 1898, the Mines Act of 1923, the Child Marriage Restraint Act of 1929, the Suppression of Immoral Traffic Act of 1933, the Children (pledging of labour) Act of 1933, the Employment of Children Act of 1938, the Vagrancy Act of 1943, the Minimum Wage Ordinance of 1961, the Shops and Establishment Act of 1965, the Factories Act of 1965, and the cruelty to women and children (special provisions) Act, 1995 ( Kamal Siddique). All these constitutional and legal provisions are quite relevant to UNCRC. Besides, Children Act 1974, children Rule 1976 and Children Policy 1994 provide for the implementation of UNCRC.
The authority of the independent state of nation has attempted to give a thematic shape to child right through policy exercise and institution building. So institutional intervention in the implementation of UNCRC with unparalleled thoroughness is obvious. Now it remains to attempt a brief introduction of United Nation Convention on Rights of the Children (UNCRC). It was approved by the General Assembly in November, 1989. Bangladesh ratified UNCRC in September, 1991.
The UNCRC contains articles to protect child from all sorts of abuse. The authority of the state feel obligated to take necessary measures for the protection of child rights. Mentionably Article 1- defines a child as a person under the age of 18. Article 2- forbids discrimination of children on many grounds. Article 3- enjoins all parties to take the best interest of the child into account in every respect. Articles 5- and 18 of the convention refer to parental guidance and responsibilities and state’s obligations to assist parent in fulfilling such responsibilities. Article 29 insists that the education of children should include preparation for a responsible life in a free society (Kamal Siddique).
The state in its National Plan of Action for Children (1997-2002) seeks to implement UNCRC through executive action, policy decisions, programs and projects/sub-projects. It prioritizes the theme like children in need of special protection (CNCP). CNCP is intended to locate and assist those children who are in special difficulties and need special treatment in terms of protection and empowerment.
The National Children Policy, 1994 and the Decade of Action Plan are the guiding instruments for the implementation of URCRC. The principal objective of State Policy is to formally harmonize all children development activities with the provisions of UNCRC. In pursuance of the fundamental principles of UNCRC the government already evolved operational strategies to implement National Children Policy (department of social service report, ministry of women and social welfare).
The main factor in implementation responsibility is GO-NGO collaboration. The Government of the state enjoins NGO’s to assume implementation responsibilities under GO-NGO collaboration. NGOs not only operate as development partners; they have been shouldering the burden of implementation tasks for quite sometime in the pursuit of UNCRC. The role of civil societies cannot be left out of equation. It can spearhead civil movement projecting child protection and safety right as a case in point.
NGOs have a definite advocacy role to play. This role is being redeemed through continuous persuasion, discussion, campaign, communication and networking NGOs like PSTC, PMUK, AB, SPK, JOGAJOG, ACD, ACLAB, VOSD and VARD have been chanellising efforts in a desired direction to implement child policy in line with UNCRC. While they co-operate with government NGO join human rights movement of civil societies who continue ‘hard and soft measures’ such as campaigning, demonstration, seminar and discussion to pave for implementation of relevant children laws and ordinances.
(Dr. Md. Shairul Mashreque, Professor, Department of Public Administration, Chittagong University, and Nasir Uddin, Lecturer, Department of Public Administration, Chittagong University)
