ISLAMABAD: After setting up the National Commission on Human Rights (NCHR), the government is now preparing to establish a similar body to protect rights of children in accordance with the United Nations Convention on the Rights of the Child.

The bill to set up the National Commission on the Rights of Child (NCRC) was moved by Minister of State for Parliamentary Affairs Sheikh Aftab Ahmed on behalf of Law Minister Pervez Rashid in the National Assembly on April 20.

The bill seeking to establish an independent commission to monitor, protect and promote children’s rights is on the agenda of a meeting of the National Assembly’s standing committee on law and justice to be held on Monday (today).

It suggests formation of an independent commission comprising 18 members, including chairperson, with powers of a civil court. Of the 18, 10 will be ex-officio members and the remaining eight, including chairperson, will be appointed by the federal government.

“A person... of not less than 45 years of age, having experience of not less than 15 years of working in the field of child rights” is eligible to be appointed as the commission’s chairperson.

“Six members, one each from each province, the Islamabad Capital Territory and the Federally Administered Tribal Areas, of whom two members shall be from women and one from minorities, all having experience of not less than 10 years of work in the field of child rights” will be nominated by the federal government.

One child member and secretary of the commission will also be appointed by the federal government. However, the bill does not explain the criteria for selection of the child member.

The secretary of the division responsible for protecting child rights, representatives of foreign affairs and interior ministries and heads of the NCHR, the National Commission on the Status of Women and the provincial commissions on children’s rights will be ex-officio members of the NCRC.

“The chairperson and every member, other than ex-officio members, shall hold office for a term of three years, extendable to a further term of three years, provided the chairperson or a member... shall not hold office for more than two terms,” says the bill.

The chairperson or a member may be removed from the office “on the grounds of misconduct” or through a resolution passed by 50 per cent of the members of the commission.

The proposed commission is bound to meet at least once in every quarter and the quorum of the meeting “shall not be less than 50 per cent of its total membership... provided that 50 per cent of ex-officio members are also present”.

The basic functions and responsibilities of the NCRC will be to “examine existing or proposed legislations and administrative instruments and proposals related to child rights and to make commendations”.

The NCRC will liaise with the provincial commissions and other provincial organisations concerned, review any policy or practice aimed at protection of child rights and recommend measures for their effective implementation.

The commission will have the powers to hold an inquiry into “violation of child rights and recommend to the relevant agency or department initiation of proceedings in such cases”.

The NCRC will examine “all factors that inhibit enjoyment of rights of child, for example, violence, abuse and exploitation, trafficking, torture, pornography and prostitution and recommend appropriate remedial measures”.

The commission will be tasked to “spread awareness and promote dialogue on child rights among different sections of society and promote awareness of the safeguards available for protection of these rights”.

The NCRC will “advise the federal government to sign, ratify or accede to an international treaty, protocol, etc”.

While inquiring into complaints of violations of child rights, the NCRC “may call for information or report from the federal government, civil society organisations and autonomous bodies”. In this regard it “shall have the powers vested in a civil court under the Code of Civil Procedure, 1908 (Act V 1908) for enforcing the attendance of any person and compelling the production of documents”.

The proposed commission will prepare an annual report on the situation of child rights in the country and its own performance and submit it to the federal government for its presentation in the National Assembly and the Senate.

The draft law suggests that the federal government will establish a fund to be known as the “Child Rights Fund”, which will be utilised by the commission to meet its expenditure.

The federal government will allocate non-lapsable grant to the commission every year and voluntary donations or subscriptions as may be made by provincial governments will also be utilised for this purpose.

Published in Dawn ,July 13th, 2015

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