Nepal’s children have suffered in extreme ways from the insecure political and security environment in which they have grown up. Many have never known national peace, rather they have seen their families living in fear and insecurity, facing disruption from general strikes (bandas), their schools targeted by politics and their country suffering from economic stagnancy and political division.
This environment has made it impossible to give children the education they deserve, limited their access to decent health care, fostered an atmosphere of uncertainty and mistrust. Some 50 percent children under five years are stunted in Nepal. A stunted child is very often damaged for life because the lack of micronutrients permanently impacts children physically, and in particular impairs their mental development. A stunted child is typically deprived of the opportunity to reach his or her full potential meaning they will be lifelong underachievers.
This is not just a severe loss to the children themselves but also to the country’s economic development potential. These are the children who will be prevented from growing into educated, intelligent and productive youth. It is for these children, the future of the country that the constitution should be written timely. Issues of malnutrition, exploitation, violence, neglect, abuse are unchecked and need to be addressed urgently with a concrete child rights structure in the fundamental law of the country.
Much time has been spent and efforts made to ensure rights of children in the new constitution by two child rights’ coalitions, Children as Zones of Peace and Child Protection (CZOPP) and Consortium of Organizations Working for Child Participation, a network comprising of 72 non-governmental organizations working for child rights. These coalitions have worked predominantly with children through massive consultations at the district and national level to have their aspirations enshrined by the state. Furthermore, initiatives such as capacity building of Constituent Assembly (CA) members in child rights, expert submission (a consolidated documentation of child rights provision), media mobilization, exhaustive interactions with CA members and formation of a parliamentary forum of child rights advocates were undertaken to highlight the need for the inclusion of comprehensive child rights and associated structures to protect child rights.
An important way of ensuring the guarantee of constitutional rights, other than through the courts, is through the creation of an independent statutory body with responsibility for monitoring rights violations by the state.
After much anticipation, the Fundamental Rights Committee has incorporated most of the recommendations as an Expert Submission into the concept note of the Committee of Fundamental Rights and Directive Principles. On reviewing the draft concept note for Fundamental Rights and Directive Principles, it has been found out that there are few issues related to child rights which have not been built-in, in the areas of citizenship, child participation, misuse of children in political purpose and the provision of best interest of children.
CITIZENSHIP
Every child has to be registered at birth and has a right to preserve his or her identity, including name and nationality. There should be a provision for a person to acquire citizenship right if either his father or mother is a Nepali national on the basis of his/her lineage. There should be a provision for both men/women married to Nepali citizens to acquire citizenship as /when s/ he starts the process of giving up his/her citizenship of his/her country of origin. If living in the country is a requirement, then it should be the same for all foreign men/women marrying a Nepali national and the time period should be less. The existing constitutional provision under the citizenship section of the concept papers and decision of High Level Political Task Force results in a situation of statelessness for many such children.
CHILD PARTICIPATION
Children should be able to participate and express their views in all matters affecting them. Children should not to be used directly or indirectly in conflict or be manipulated or coerced for political purposes. This needs to be addressed.
CHILD RIGHTS COMMISSION
An important way of ensuring the guarantee of constitutional rights, other than through the courts, is through the creation of an independent statutory body with responsibility for monitoring rights violations by the state. In Nepal’s case, this responsibility lies with the National Human Rights Commission (NHRC). To ensure accountability by the government and to monitor the fulfillment of the child rights guaranteed in the constitution, a more definite child protection role may be needed. This could take the form of an expanded role for the NHRC with a separate child rights section, or a Child Rights Commissioner, with powers to investigate child rights violations and to issue an annual report on the situation of child rights in Nepal and the progress made by the government in fulfilling its obligations to children. This is yet to be incorporated.
Ensuring child rights in the new constitution will guarantee rights for children throughout the country, irrespective of their gender, ethnicity, religion or race. It will address many areas of children’s rights that will provide a suitable environment for their survival, development, protection and participation. It will most importantly serve as a testimony of the state´s declared responsibility and accountability toward them. It will also prioritize the need to invest in children and allocate more resources for children. With child friendly policies and structures to protect the rights of children, children will be able to live a life with dignity.
Amidst so many conflicting priorities of constitution drafting, it is easy to forget about children and their rights. But they should be central to the political debate, especially when children constitute 48.9 percent of the total population. Progressive and timely investment on half of population of Nepal, who are the children, is imperative for Nepal’s future. Children cannot wait.
Writer is the Information and Advocacy Director of World Vision International Nepal
deepesh_paul_thakur@wvi.org
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