Ensuring child rights in FATA

For almost a decade now, a debate about bringing Fata into the mainstream, introducing legal and social reforms to bring the area on a par with other parts of the country and ensuring all basic human rights to the inhabitants of the tribal areas has been going on intermittently, but without any solid steps having been taken in this regard. If our rulers believe that sustainable peace and development is possible in the country in general and in Fata in particular without bringing the latter into the mainstream, they are mistaken. There is no wisdom in approximately four million people being left at the mercy of the bureaucracy and few power centres. There is a need to seriously debate this issue in both houses of parliament, being the supreme lawmaking body, it should decide the future of Fata according to the wishes of the people of the area.

The current state of affairs in Fata has serious repercussions for the children of the area. Above all, there is the issue of the rehabilitation of hundreds of thousands of temporarily or internally displaced persons (TDPs/IDPs), of which children form a significant portion. According to the Planning Commission, the government released Rs60 billion for TDP rehabilitation and security enhancement under the current year’s development programme, however, there is a more specific need to focus on the rehabilitation of children and their families in the best possible manner, including ensuring health, education, livelihoods and social infrastructure rehabilitation. It’s also of the utmost importance to improve the self-esteem of the returning TDPs and avoid linking their return home to so-called ‘social agreements’ that call for the residents to swear loyalty to the Frontier Crimes Regulation regime.

There should be special focus on the state of child rights in Fata during the ongoing rehabilitation and reconstruction process. The high infant, under-five and maternal mortality rates in the area show that there is no focus on child survival. The Expanded Programme of Immunisation (EPI), the Lady Health Workers Programme and the Mother and Child Health Programme have not been used effectively and efficiently to respond to the situation of mother and child health. The ongoing operation against militants has further weakened the fragile health system in various parts of Fata although this has at least had a positive impact on polio immunisation. The routine immunisation system, however, remains very weak and requires urgent attention.

The literacy rate in Fata is 17.42 per cent, with the female literacy rate being only three per cent. There are 5,579 regular, community and mosque schools out of which 4,880 are functional. The teacher to student ratio is 1:28 for boys and 1:31 for girls. The drop-out rate at the primary level is 63 per cent for boys and 77 per cent for girls, while at the secondary level it is 53 per cent for boys and 58 per cent for girls. These figures clearly depict the poor state of education and particularly girls’ education. Following the passage of the 18^th Amendment, the focus of the government, civil society, media and donors increased considerably and advocacy for the right to education for children from five to 16 years of age resulted in the enactment of the Right to Free and Compulsory Education Act 2012, which was also extended to Fata. Unfortunately, however, there is no focus on the implementation of Article 25-A in the region despite the dismal situation of education there. The government needs to make education a top priority and ensure that all children of the school-going age receive quality education so that the vacuum left by the government’s indifference is not filled by nefarious forces.

Although no survey has been conducted in Fata to come up with an authentic figure about the number of children involved in labour, civil society reports suggest that child labour is common in both formal and informal sectors. Despite the extension of the Employment of Children Act 1991 and the Bonded Labour System Abolition Act 1992, no practical steps have been taken to protect children from being forced into hazardous labour. Child labour is common in shops, business establishments, factories including the marble industry, mining and even smuggling and drug-trafficking. Similarly, despite the extension of the Juvenile Justice System Ordinance (JJSO) 2000 to Fata in 2004, not a single juvenile has been reported to have enjoyed procedural rights accorded by the JJSO, which include release on bail and probation, trial by juvenile courts, free legal aid and rehabilitation through borstal institutions, among various other rights. Unfortunately, over the last 16 years, neither has any system been put in place to implement the JJSO nor is there any probation system.

The president, the government and above all parliament, must look into the issues related to Fata reforms in light of the demands of the people of the tribal areas as well as to ensure that we fulfil our international obligations. We need to recommit ourselves to bring in genuine reforms in accordance with the wishes of the people of the Fata. Amendments should be made to Articles 1, 246 and 247 of the Constitution that can help bring Fata into the mainstream and ensure protection of the fundamental rights of the people of Fata, including children. Efforts should be made for child survival in light of Pakistan’s obligations under the Millennium Development Goals, which we have miserably failed to achieve. We now have in front of us the Sustainable Development Goals related to children and women, and every effort must be made to fulfil these. Budgetary allocations need to be made for the EPI, the Lady Health Workers Programme and the Mother and Child Health Programme to effectively respond to the situation of mother and child health. Targeted budgetary allocations should be made to ensure implementation of the Right to Free and Compulsory Education Regulations 2012 introduced in line with Article 25-A of the Constitution that ensures the right to education of children aged five to 16 years. There must be special focus on ensuring girls are given their right to education. In this regard, what is needed is an increase in the number of girls’ schools, female teachers as well as incentives to encourage the enrollment of girls.

Published in The Express Tribune, May 25^th, 2016.

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