|
II. The participation of individual ‘hand picked’ children or youth is fraught with discrimination and is ineffective because such ‘representatives’ represent no one but themselves; it excludes the less vocal and visible; and it gives more room for manipulation. On the other hand the organised participation of children Child Representatives in local councils are not elected by their peers nor are they true representatives of the body of children they are supposed to represent. The absence of democratic norms to determine children’s representation on these platforms
and youth, especially the more disadvantaged children, gives children strength, access to more information, confidence, an identity and ownership. Individual children or youth representing such groups voice the views and aspirations of the collective. Their coming together also enables them to find collective ways to solve problems. However what needs to be ensured is that all children and youth have an equal right to participate in the development of this collective voice.
When in reality social, political and economic structures are still very much hierarchical; children and youth are the most marginalised - even more so than women; their effective participation depends largely on the extent to which they are organised. Coming together gives them visibility, strength and a collective voice.
Organisations of children must have a role in governance. The reason for the failure of many youth organisations is that they have no significant role, really no tasks to perform and no mandatory status in relation to the State.
The mandatory participation of democratically formed child and youth organisations will bring about a de facto accountability on the part of the administration and a transparency in their functioning. For children and their organisations to be able to participate effectively they need structures or platforms that encourage their constructive involvement and that take their inputs seriously to be acted upon.
Experience from around the world shows that when children and young people get organised, their capacities, strength and collective bargaining power is exponentially increased. The more marginalised they are, the greater their need for autonomous child governed organisations/associations. Children in different parts of the world who have organised themselves unequivocally say that they have most often received immediate support from their peers and fellow members. They derive strength and moral courage from their organisations.
The role of ‘State parties to consider the introduction of legislation or regulations which enable and support children to form their own associations’ should not be misinterpreted as State control or the possibility of influencing the agenda of these associations. It is strongly recommended that the State should be prohibited from playing a direct facilitative or regulative role in the formation and running of children’s organisations or associations that may compromise their autonomy.
Many countries have state sponsored youth movements and also control it. The same could happen with children’s associations. In India for example government orders have been issued to schools for the formation of ‘children’s clubs’. These State sponsored organisations invariably become ‘State Controlled’ and ‘co-opted’ there by totally defeating their very purpose.
III. National Law and more specifically the corresponding Plans of Action have not been examined with reference to Article 12 and made compatible. A case in point is the Indian National Child Labour Action Plan.
In most countries the Child Labour Laws and more specifically the Child Labour Action Plans violate Article 12 of the CRC. The ILO was set up to be a tripartite body consisting of representatives of Governments, Workers and Employers. However, when it came to discussions on child labour, the ILO refused to recognise the right of working children to represent themselves; and this was not from want of trying on the part of working children’s movements all over the world.
Ensure that approaches such as the ‘ban’, that only criminalises children and traps them between the abyss of poverty and starvation on the one hand and the harsh ministrations of over eager NGOs and the labour department on the other are not advocated.
Treating working children and their families are those who have transgressed the law.
Consult working children and their families on the design, implementation, monitoring and evaluation of all plans.
A first step for the ILO, also a UN body, would be to respect the CRC and especially Article 12 and ensure the conformity and compatibility of their initiatives to address the issue of child labour.
Similarly all international conventions and national laws need to be re-examined to ensure their conformity and compatibility to the CRC and Article 12.
|