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March 7, 2004

Reporting to CRC committee and state of juvenile justice

Oli Md. Abdullah Chowdhury

As a signatory of UN Convention on the Rights of the Child (UNCRC), the government of Bangladesh obliged to submit a report on the implementation of Child Rights Convention (CRC) every five years. The committee sat for the discussion on the 2nd periodic report of the State Party on September30, 2003. Committee hailed Bangladesh for submitting the report. After discussing with the Bangladeshi government representatives, the report was adopted with some comments and suggestions at 918th meeting of UN on October 3, 2003. Alternative reports prepared by NGOs and UN agencies were also considered by CRC committee before.

Firstly, the report reveals the state of implementing rights of the child in Bangladesh. Condition is not satisfactory in many cases as well. Therefore, committee has suggested Bangladesh to work more sincerely in establishing rights of the child. CRC Committee authenticates their observations by getting from other sources rather than considering only report from the government.

However, some steps taken by the government have also been praised. Adoption of amended National Plan of Action (NPA), National Water and Sanitation Regulation and NPA on Sexual Abuse, Exploitation and Trafficking are the stories of success for the state party of Bangladesh as committee pin down. Committee also applauded induction of some new legislation. The 2000 Suppression of Violence against Women and Children Act, the 2002 Acid Control Act, the 2002 Acid Crimes Prevention Act, the 2002 law safeguarding the speedy progress of trials; and the withdrawal of the 2002 Public Safety Act were hailed by the committee.

Nevertheless juvenile justice system has not been developed properly despite existing laws. Lowest age for criminal responsibility is 7 years which is well below of the mark. There is a provision of life imprisonment from the age of 7 years and execution from the age of 16 years still exists in Bangladesh. In addition to this, separate trial system is to be developed and juvenile court is not established in all the places. Though the Constitution of the People's Republic of Bangladesh has provided a provision for ombudsman (Article77), there is neither any ombudsman nor an independent human rights commission. CRC Committee, however, suggests for ombudsperson as there is a necessity for monitoring juvenile justice mechanism.

It also suggests that arbitrary treatment by police leads street children to prostitution and custody. Corporal punishment, nonetheless, exists. Convicted children do not get proper legal assistance. Not only children are being imprisoned without trial, children themselves don't rely on the justice system. Children are often kept with adults where there are no basic facilities. "Imprisonment should be the last resort, not the first"- as Children Act 1974 suggests though there is always a problem in exercising law and regulations.

In this respect, committee also made some suggestions. Committee suggested that justice for the juvenile must be guaranteed. State party should follow related conventions and protocols relating juvenile justice. The minimum age for criminal responsibility must be increased. Independent, impartial, child-friendly system should be developed where children could express their views freely. Neither capital punishment nor life imprisonment should be applicable for any child before the age of 18. Children must be separated from adults in the custody and condition of custodies should be improved. Police should be trained on juvenile justice in collaboration with UNICEF and UN High Commission for Human Rights.

To recapitulate, all the suggestions and observations were made on the basis of UNCRC, nevertheless Children's Act 1974 has some affinity in many cases. It is a matter of regret that we could neither comply with our own law nor international convention as yet. Unless state part ensure the rule of law, implementation on the rights of the child is really difficult. Report of the concluding observation brings some new tasks for the government. The sooner would be implementation the better would be the condition of the children in Bangladesh.

Oli Md. Abdullah Chowdhury is Programme Assistant of Save the Children Sweden-Denmark.