The Concerned for Working Children welcomes the announcement made by the Government of India regarding the setting up of the National Children’s Commission under the guidelines of the Convention on the Rights of the Child.

We wish to highlight the following issues for the consideration of the Honorable President, Sri K.R.Narayanan.

India became a signatory to the Convention on the Rights of the Child (CRC) in 1992. The most significant aspects of this Convention is that it views children not as recipients of services but as holders of rights. It upholds children’s right to determine what they need. It recognises children’s right to get organised and to participate in all process in which decisions regarding their lives are being taken. This includes decision making processes within their own homes and communities going right up to the level of international policy discourses.

The Convention clearly states that the best interests of children should be the primary consideration for all interventions. In this context we request the formulators of the National Children’s Commission to take serious note of the following issues:

1. Children’s right to representation: The Convention on the Rights of the Child upholds children’s right to participation and representation in all arenas where decisions regarding their lives are taken. It guarantees children the right to express their opinions in matters affecting them depending on their age and ability.

   Experience has shown that however it is not easy for children to participate effectively as individuals. However through their unions and organisations they are able to assert their right to self expression and to participation much more effectively. There are several such children’s own organisations in India today.

   It is important to note that when children participate as representatives of larger movements they present larger concerns and act with larger mandate. In this context, the National Children’s Commission(NCC) should give due recognition to the National Movement of Working Children, NMWC. The representatives of the NMWC should be invited to be part of the National Children’s Commission.

2. Structure of the Children’s Commission: The structure of the NCC should contain ‘hierarchical’ levels to establish clear lines of accountability from the national to the local levels. It should also evolve a ‘vertical’ structure to ensure local specific programming designed in consultation with the children of the area. These two structures should be inter linked in such a manner that the NCC develops both a strong grassroots presence and a national presence.

3. Children’s access to NCC: Unless children in distress are able to access the National Children’s Commission effortlessly, it will fail to fulfil its basic objective. The Commission should have extensive presence in areas where children are acutely deprived. The Children’s Commission should have in-built mechanisms such as toll free phone lines, presence of children’s friends (Makkala Mitras) in all Panchayats and towns, stamp free post cards etc so that all children can have easy access to it. The Makkala Sahaya Vani (children’s help line in Karnataka) is a good example of how this can be achieved.

4. Children’s access other existing services: In several parts of the country services have been set up to assist children in times of crisis. For example the Makkala Sahaya vani of Bangalore and Udipi in Karnataka. Children have benefited from such services. It will be to the advantage of the National Commission to make links with such services and to work in collaboration with them.

5. Learning from existing models: There are several role models in this country where structures have been created to ensure that entire communities are supportive of children’s rights. For example the Makkala Panchayats of Karnataka are children’s councils formed and run by children. Through this children have access to political space within their communities due to which they have been able to not only fight against the exploitation of children but also create environments which are child rights friendly. The Commission has to examine such models, learn from them and to build strong links with them.

6. The criteria for membership of the NCC: Children in their note have listed several criteria for the adult membership of the NCC. We wish to make an additional point which is that the members should not only be concerned with children but should have a record of having worked with children in a proactive manner.