ISLAMABAD: The draft National Commission on the Rights of the Child (NCRC) Bill 2015, passed during the current National Assembly session, has raised hopes that issues like ones that plagued the response to the case of Tayyaba, a 10 year old maid allegedly abused by her employers, will not be repeated if the bill becomes law.

The case, in which the child was employed and allegedly abused in the home of a serving Islamabad judge, raised questions about where the victim would be housed after the case came to light.

The commission proposed by the bill would include representation from across the country, monitor child rights violations and pave the way for the establishment of orphanages and set standards for them.

After Tayyaba’s case came to light, both the chief justice of the Islamabad High Court and the chief justice of Pakistan took notice. The victim was supposed to be medically examined on Jan 6, but disappeared, and was recovered from an Islamabad suburb on Jan 8.

‘Draft bill meets Pakistan’s obligations under international conventions, UNCRC’

Child rights activist Habiba Salman told Dawn that one of the problems that surfaced in Tayyaba’s case was where the victim would be housed.

“Initially, Tayyaba was taken to a women’s crisis centre, after which Zamarud Khan came forward and offered to move the child to Pakistan Sweet Homes. Although Tayyaba’s problem was addressed, there should be a proper mechanism to keep such children,” she said.

“However, the bill passed during the current National Assembly session has raised hopes that issues related to children will be addressed,” she said.

According to the draft of the bill, the NCRC will be led by a chairperson over the age of 45 with at least 15 years of experience working in the child rights field. All the provinces, Fata and the Islamabad Capital Territory will be represented, and heads of the National Commission on Human Rights, the National Commission on the Status of Women and other officials will be commission members.

The proposed commission would be empowered to examine and propose legislation on child rights, ensure the implementation of child rights laws, look into child rights violations and recommend the relevant authorities to initiate proceedings.

It would also examine factors responsible for violence, abuse, exploitation and trafficking of children, and will encourage research and maintain a database with regards to children’s issues. It would also hold dialogues on child rights, examine international instructions and recommendations and advise the federal government on signing and ratifying international treaties.

The commission would also be tasked with issuing an annual report on the situation of child rights in Pakistan and its performance, and may prepare special reports on any matter.

A statement by former law, justice and human rights minister Pervaiz Rashid that is attached to the draft legislation states that Pakistan ratified the United Nations Convention on the Rights of the Child (UNCRC) in 1990 and its optional protocol on the sale of children, child prostitution and child pornography in 2011, and is therefore obliged to implement these instruments and report its progress to the UN Committee on the Rights of the Child in Geneva every five years.

It also says that in 2009, the UN committee urged the Pakistani government to establish an independent commission to monitor, protect and promote child rights. He said the NCRC bill would fulfil the government’s obligations under various international conventions, particularly the UNCRC.

Ms Salman said the Child Rights Movement, of which she is a member, was established after the convention was ratified in order to submit reports to the UN. It drafted the original bill and has been trying to get the bill passed for seven years, she said.

“We hope the bill is passed by Senate, and after that the commission will be established. [It] will have powers equal to the NCHR, such as, it will be able to take suo motu notice and seek explanations from any department or agency,” she said.

Published in Dawn, March 18th, 2017