Children of a Lesser God

A few years ago a leader of a major political party stated that he knew about 70 small children who had been taken to the Gulf region to be made into camel jockeys, a popular sport among Arabs that required riders to be of light weight. It did not matter that the children were very small. Obviously they would have been very scared to ride on the racing camels, clinging on for dear life. The political leader also revealed a shocking fact. After the kids had grown too heavy to be camel jockeys, they would be used as forced kidney donors for rich Arabs who needed transplants. If what the leader says has even an iota of truth in it then one must ask, is anybody protecting children's rights in this country?

CWIN's (Child Workers in Nepal Concerned Center) National Bi Annual Report (January to June 2004) reported 6919 cases including 54 deaths and 6689 abductions due to armed conflict. It also recorded 3328 child right violations not related to armed conflict. CWIN's 1997 annual report had recorded just 587 such cases in the whole year. Is it that more cases are being recorded now than before? Or is it that poor governance and poverty has contributed to such a massive increase in child right violations? It could be a bit of both, but whatever the case may be, it is a truth of the times that children in Nepal are receiving a raw deal.

Witness how schools have become playgrounds for terrorist acts to settle political vendettas. People have surely lost count of the number of days schools have been closed this year and have become almost used to the bombings and vandalizing of school premises for doubtful political gains. The number of schools that have closed down in many parts of the country, depriving thousands of children of their basic right to education, has become routine news in the media.

According to a recent newspaper report there are about 21000 children working as domestic servants in Kathmandu alone. Out of about 12000 women trafficked to India every year many are children. Informed estimates show that out of about 2,00,000 women working in Indian brothels, at least 20% had been sold when they were below 14 years of age. Out of around 5000 sex workers in Nepal about 1000 is reported to be below 16 years of age. Oh yes, if statistics are anything to go by, then the deprivation of child rights in this country is on the increase.

This, in spite of the government's Child Development Policy stating, " The objective of the HMG will be to carry out physical, mental and educational development of the children with the view to preparing active, disciplined and responsible citizens…and protecting and promoting their rights and interests."

This, in spite of the fact that Nepal was among the first 20 nations to sign the 'UN Convention on the Rights of the Child' in 1990 after the UN had adopted the same on November 20^th 1989. The 'Children's Act' that guarantees a child's basic rights as well as the right to education and survival, prohibits child labor, and covers juvenile delinquency and rehabilitation of children at risk, was passed by parliament in 1992. The Civil Code Act of 1963 outlawed child marriage. The Labor Act 1992 strictly prohibits child labor in factories and risk areas. Out of the 150 registered NGOs and INGOs about 37 claim to be working for the rights of children. With so many laws and with so many organizations working to protect children one would think that the plight of children in this country would be lessened.

Yet, what do the statistics for the past year show? 2.6 million children are engaged in different forms of child labor. 27000 die due to diarrhea every year. Out of 100 children, 40 belong to extremely poor families, 47 are malnourished, 80 are admitted to school but only 51 complete primary level. There is only one national level children's hospital and one child specialist for every 1,04,066 children. Annually 12000 women are trafficked to India, many of them children. At least 40,000 children are bonded laborers and 5000 children live and work on the streets. The infant mortality rate is 72 per 1000 live births and under-5 mortality rate is 100 per thousand. 34 % of marriage involves children below 15 years.

These are statistics. Apart from that, who is not aware of the prevailing conditions in schools today? Conditions that affect millions of children. An air of uncertainty surrounds the education sector. One can never predict when schools will again be forced to close down. Is it that the government is failing in its duty to clearly define rules and regulate the same in a responsible manner that has lead to this state of affairs? Or is it that political parties have found schools an ideal playground to settle their political vendettas? Whatever the case may be, forcing schools to close down on any pretext is not tolerable. Likewise, there must not be undue pressure on schools to bow down before politically motivated diktats. Parents are the best judges as to what is best for their children and the choice of the right school for their wards is best left to them. If parents feel that their children deserve better education and some schools seem to be providing the same, then obviously cost doesn't become the major factor. Free choice is what lies at the crux of the matter.

November 19^th is observed as the World Day for Prevention of Child Abuse and November 20t^h as International Children's Day. According to the Convention on Rights of Children (CRC) adopted on November 20^th 1989, every human being under the age of 18 is a child, unless majority is attained earlier under national law. One of the guiding principles of the CRC is that the "best interests of the child" should be a primary consideration in all decisions or procedures related to the child.

The United Nations expects governments to ensure that all children enjoy their rights. No child should suffer discrimination. The rights of the CRC apply, "regardless of race, color, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status". The essential message is equality of opportunity. Girls should be given the same opportunities as boys. Poor children, disabled children, refugee children, children of indigenous or minority groups should have the same rights as all others, the same opportunities to learn, to grow, to enjoy an adequate standard of living. The rights contained in the CRC fall into four broad categories:

subsistence rights, including the rights to food, shelter and health care; development rights, which allow children to reach their fullest potential, including education and freedom of thought, conscience and religion; protection rights, such as the right to life, and to protection from abuse, neglect or exploitation; participation rights, which allow children to take an active role in community and political life.

Statistics do not lie and the situation is far from ideal for children in this country. Perhaps it is time for the government to stop making pompous statements such as " children are the future of our country", and instead buckle up and get down to putting into practice what it preaches. Similarly, it is high time the large number of INGOs and NGOs that claim to be working for children's welfare justify their existence by really showing significant results so that next year's reports on the state of the state's children is not as dismal as it is today.