Institutional Framework for Street Children in Pakistan

Ministry of Human Rights is the federal government agency is mandated for the reinforcement of the essential institutions for safeguarding the human rights as per the Constitution of Pakistan, the Universal Declaration of Human Rights and the International Human Rights Conventions and Covenants ratified by the Government of Pakistan. It has been active in raising child protection issues and played important role in the enactment of the Zainab Alert, Response and Recovery Act , 2020, the National Commission on the Rights of Child Act, 2017 and the ICT Child Protection Act, 2018. It is also involved in the oversight of child protection institutions and mechanisms in ICT.

Other important stakeholders at the federal level include Ministry of the Interior, which oversees the police and ICT Administration. The Labour Welfare Department, under the ICT Administration, is responsible for implementing labour laws in the Islamabad Capital Territory. Other key stakeholders at the federal level include the the Ministry of Overseas Pakistanis and Human Resource Development, the Ministry of Federal Education and Professional Training and the Ministry of Law and Justice.

Provincial Departments

In all provinces, the important stakeholders are Department of Social Welfare, Department of Labour, Department of Education, Home Department and Law Department.

National Parliament/Provincial Assemblies

Parliaments around the world have three main functions: to represent the interests of citizens, to pass laws, and to oversee the actions of government. Parliamentarians can be engaged in the process of advocating for and passing legislation to guarantee access to basic rights for street-connected children especially the concerned standing committees. The members of the Womens’ Caucus and Education Caucus can in particular be galvanised for this purpose, as well as the SDGs Secretariat and the Child Rights Committee.

Education

Provincial education departments and local government

Each province has autonomy over the running of public schools and has a commitment to ensuring Education for All. District Education Officers can play a key role in raising enrolment for out-of-school children and offering education options that are appropriate for communities.

Education service providers

The education system in Pakistan is divided into six major levels: preschool, primary, middle, high, intermediate, and university programs. If looking at 11 years of education for street-connected children, between 5 and 16 years, there are four main categories of schools that can serve them:
– public schools,
– private schools,
– non-profit private schools
– madrassahs(UNESCO, 2010)

The Annual State of Education Report (ASER) survey in katchi abadis (2021) shows that the highest enrolment of children in katchi abadis is in private schools including madrassahs (59%). This could be because of barriers to accessing government schools and also the perception that low-cost private schools offer a better standard of education (ASER,2021).

National Vocational and Technical Training Commission (NAVTTC)

This is the apex body of at national level to regulate, facilitate, set skills standards, accredit and develop skilled human resource in the Technical & Vocational Training Sector, enhancing employment for the youth, contributing to the national productivity and development. There is a need to provide children on the urban margins with the means to break the cycle of poverty and contribute productively, by offering skills that are relevant to the evolving economy.

Child Protection

Ministry/Department

The Ministry of Human Rights and the Ministry of the Interior at the federal level, while the Departments of Social Welfare and the Home in the provinces are the parents departments of the child protection agencies, having cross-cutting roles and responsibilities depending on territory/provincial legislation.

Child Protection Authorities and District-level CPUs

Each province is meant to have designated child protection facilities, in accordance with respective provincial laws, including Child Protection Units and Institutions at the district level, and to offer facilities for children in need of protection and care e.g. complaint handling, reunification of runaway or missing children; psychological counselling and shelter.

Child Protection Courts

All matters involving children in contact or conflict with the law should be handled by specialised courts as provided for in the respective child protection laws or the Juvenile Justice System Act, 2018. Child protection courts can play a key role in protecting street children, providing child-friendly and fair justice to children, protecting them from violence and abuse, and directing authorities to take action for their welfare as provided by law. Courts can have the power to award custody of children, with the best interests of the children as the primary consideration.

Police

Contact with the police differs according to whether children are “in contact with” or “in conflict with” the law. The first point of contact for vulnerable children should be a social worker, not law enforcement agencies, but in practice children who are on the streets are often in contact with the police. The relationship can be based on fear and mistrust on the children’s side, and there is a need to set up protocols in order to ensure that children’s rights are safeguarded and there is a positive relationship with those who are meant to protect them.

Social Protection

Ehsaas Programme

Ehsaas is a national-level social protection initiative that is an umbrella for several programmes aimed at poverty alleviation. It operates according to a registry, which determines eligibility for support under the various programmes. While all initiatives aimed at alleviating urban poverty will have spill over effects for street-connected children and their communities, the specific programmes that can apply include:

the Kafalat programme aimed at financial inclusion for women;
the Education Stipends which provide conditional financial assistance to Kafaalat eligible families for the education of their children aged 4- 22 years at primary, secondary and higher secondary levels (higher for girls at all levels).
Ehsaas Nashonuma, aimed at addressing malnutrition.

Bait-ul-Mal

Pakistan Bait-ul-Mal (PBM) is an autonomous body that operates at both federal and provincial levels. Its purpose is to facilitate poverty alleviation by helping destitute, orphans, widows, and other marginalized sections of the society such as street children. PBM is also a part of the Ehsaas initiative and has several relevant projects including Dar-ul-Ehsas, which provides shelter and sustenance for orphaned children; the Child Support Programme aimed at raising enrolment; and the PBM School for Rehabilitation of Child Labour, meant to protect children from hazardous labour (with mention of begging).

Oversight and Monitoring of Child Rights in Pakistan

National Commission on the Rights of Child (NCRC)

The Federal Government has constituted the National Commission on the Rights of Child in exercise of powers conferred by Section 3(1) of the National Commission on the Rights of Child Act, 2017. The Commission has an overarching mandate in relation to the promotion, protection and fulfilment of the rights of the child and is empowered to investigate and review laws, policies or practices, investigate violations of the rights of the child and advise the federal and provincial governments to take action for effective implementation. The Commission also monitors the compliance of UNCRC in Pakistan.

Federal and Provincial Ombudsman

The role of the Federal Ombudsman and the Provincial Ombudsmen is to hold government agencies accountable within the scope of their jurisdictions, to handle complaints, to conduct independent investigations into “maladministration,” and to address systematic problems in order to eliminate maladministration. The Federal Ombudsman has constituted a National Committee on Children in 2022 to monitor the status of rights of children in Pakistan especially children at risk, and address systematic issues relating to child rights.

Non-governmental Organisations

Today, there are a number of non-governmental organisations in Pakistan and around the world that take on different tasks depending on their expertise, mandate and objectives to address the problems and improve the lives of street children. This is done by providing facilities for children such as drop-in centres, non-formal education, vocational training, shelters, etc. NGOs also play an important role as watchdogs, organising capacity building sessions for duty bearers, raising community awareness, advocating for policy and legal reforms, and more.

Media

The media plays an important role in upholding the rights of children by reporting on the issue of street children and raising public awareness of the problems faced by street children in order to bring about lasting change in attitudes as well as in prevention, awareness and accountability of those responsible.