Third and Fourth Periodic Report on CRC - Unicef

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<strong>Third</strong> <strong>and</strong> <strong>Fourth</strong> <strong>Periodic</strong> <strong>Report</strong> The steps of the Government in order to improve the juvenile justice, include, among others: Raised the age of criminal responsibility from 7 to 9 years Established a Committee to review the laws concerning juvenile justice Establishment of 4 Divisional Juvenile Courts of Sessions is under process Established a high level Juvenile Justice Tasks Force, <strong>and</strong> identified priority areas of action <strong>and</strong> Tasks Forces were constituted at district <strong>and</strong> sub-district (Upazila) level A committee involving all concerned Ministries, Departments <strong>and</strong> Organizations to monitor the implementation of Children Act, 1974 has been constituted. Arranged advocacy, meetings <strong>and</strong> workshops collaboration with NGOs <strong>and</strong> Government throughout the country Developed training materials <strong>and</strong> provided training to judges, magistrates, police, social welfare officials <strong>and</strong> other concerned on juvenile justice. Some bold Suo Moto orders were issued by the High Court Division in the recent years in light of the Children Act, 1974 upholding children’s rights <strong>and</strong> protection. In one judgement passed in 2005, the Court also observed that ‘as a signatory to the Convention, Bangladesh is duty bound to reflect the above Article (article 40) as well as other articles in CRC in our national laws. We are of the view that the time is ripe for our legislature to enact laws in conformity with the UNCRC’. Table 8.1: Repartriation Statistics of Rohingya Refugee Year Repartriation (person) Cumulative (person) 1992-2001 232,325 232,325 2002 760 233,085 2003 3,231 236,316 2004 210 236,526 2005 92 236,618 2006 - 236.618 Source: UNHCR All these resulted in significant reduction of confinement of children in jail. While the total number of Children in confinement was 1303 in Jails in 2003, the number decreased to 395 in June 2007. The number of children kept with adult prisoners in Jails has reduced over the years. One day-care centre for the children of the female inmates of jail is running in Dhaka central Jail. 8.2 Children in situation of emergency 8.2.1. Refugee children The Rohingya coming form Myanmar since 1991 is the only people to whom Bangladesh has given refugee status. Over 250,000 refugees are estimated to arrive in Bangladesh since 1991 from Myanmar. Out of them, around 21,000 are living in 2 camps in Cox’s Bazar district, some are living in make-shift houses <strong>and</strong> around 82
Convention on the Rights of the Child 236,000 have been repatriated. Neither there is legislation for the refugees in the country nor has it ratified the UN Convention relating to the Status of Refugees of 1951, however, the government provides services to the Rohingyas under an MOU with UNHCR which coordinates the process of repatriation, ensures that refugees are repatriated strictly on voluntary basis. The Refugees living in the camps are provided with food, shelter, health <strong>and</strong> sanitation facilities, <strong>and</strong> informal education at primary level. Health services include: immunization, family planning, antenatal care, screening for malnutrition, supplementary <strong>and</strong> therapeutic feeding, vitamin-A distribution, curative health services, deworming <strong>and</strong> health education. Transfer to local hospitals is arranged, if needed. There are a total of 16 schools (8 per camp), each staffed by a 5 teachers. 93 percent children of school age are enrolled; average attendance rate is 87 percent <strong>and</strong> average teacher to student ratio st<strong>and</strong>s at 1.32. The Government maintains law <strong>and</strong> order. NGOs are involved in building awareness on protection issues, such as domestic <strong>and</strong> sexual violence <strong>and</strong> trafficking. In case of any incidence of violence or abuse, children can complain directly to UNHCR or NGO field staff. Counselling is also given where appropriate. The vulnerable unaccompanied refugee children <strong>and</strong> women are given safety <strong>and</strong> security in the camps. Children, both accompanied <strong>and</strong> unaccompanied, are registered at birth or at the time of arrival. 8.2.2 Children in armed conflicts including physical <strong>and</strong> psychological recovery <strong>and</strong> social reintegration Bangladesh has ratified the Optional Protocol to the CRC on the involvement of the Children in Armed Conflict. Bangladesh submitted its report on the Protocol, defended the same <strong>and</strong> recently received concluding observation on it. Bangladesh does not allow its under-18 citizens to serve in the positions in armed forces, police, Bangladesh Rifles (BDR) <strong>and</strong> Ansar (Auxiliary Force) <strong>and</strong> Village Defence Party (VDP). Persons are recruited in the armed forces on strictly voluntary basis. Moreover, the recruits like officer of Commissioned Rank of Bangladesh Army, Cadets of Bangladesh Navy <strong>and</strong> Flight Cadets of Bangladesh Air Force undergo training of two years before they are employed for actual services. No one is recruited in Police, VDP <strong>and</strong> Ansar at an age below 18 years. School curricula include issues on human rights to strengthen a culture of peace <strong>and</strong> tolerance. The text books, for example of Grade-V, also have a separate chapter on "World Peace <strong>and</strong> the United Nations". After decades of insurgency, tension in Chittagong Hill Tracts (CHT) has substantially reduced after signing the Peace Accord in 1997. Many organizations have started working with the hill people, including children, to bring peace <strong>and</strong> prosperity in the area. 8.3 Children in conflict with law 8.3.1 The administration of juvenile justice The Children Act, 1974 <strong>and</strong> the Children Rules, 1976 are the principal legal instruments governing the administration of juvenile justice in Bangladesh. They deal with children in conflict with law <strong>and</strong> the children in need of protection. The Government has made various efforts to put juvenile justice issues on the agenda, but still much more needs to be done. The age of criminal responsibility has been recently raised from 7 to 9 years. Criminal liability of children between the ages 9 <strong>and</strong> 12 years is subject to judicial assessment of their capacity to underst<strong>and</strong> the nature 83
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Third and Fourth Periodic Report on CRC - Unicef

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