10/07/09
The Afghan government submits first report on the child rights situation in the country
Kabul: Today the Afghanistan Government submitted its first report to the Committee on the Rights of the Child in Geneva. This is a huge step forward for the children of Afghanistan. By submitting this report the current government is the first one to have fulfilled its obligations according to the Convention on the Rights of the Child that the country signed in 1994. We commend the government on completing this important task. The report is a first step, the situation for children in Afghanistan is difficult and urgent further steps need to be taken. As NGO’s we are ready to assist the government in achieving lasting improvements for children. We especially want to draw the government’s attention to the following areas.
Incorporate child rights in new legislation
Since 1994, little reference to the provisions of the Convention on the Rights of the Child has been given in legislations enacted – it is time to change this. We urge the government to implement the convention in the legal system of the country and will assist the process.
Address the needs of children with disabilities
Today there is no comprehensive mechanism in place that is addressing the needs of children with disabilities. Children with disabilities are today to a large extent denied their right to education and extremely vulnerable in their contact with the juvenile justice system. A gap exists between the legislation and practice, which leads to discrimination against disabled children: This gap needs to be addressed with no further delay.
The government needs to prioritize the national strategy on children with disabilities that has been developed by the Ministry of Labor and Social Affairs (MoLSAMD) in cooperation with the Afghan Independent Human Rights Commission (AIHRC). The strategy is under funded and the law concerning people with disabilities is not yet finalized.
Address the practice of Child Marriage
Afghanistan has a high percentage of child marriage. In 48% of the marriages one or both partners were children at the time of marriage. According to the law, the legal age of marriage for boys and girls is different – boys 18 and girls 16 – granting fathers and grandfathers the right to give girls to marriage one year below the legal age. We consider the provisions of the law discriminatory; they deprive the girl child rights to education and living with parents.
We strongly urge the government to take measures to address the practice of child marriage, to revise legislations, raise awareness in order to change traditional practices of early marriages.
Address issues of cruel treatment against and punishment of children
Violence is still a daily reality for many Afghan children. Cruel, inhuman or degrading treatment or punishment takes place in many state institutions. Corporal punishment against child offenders and children in school – where especially boys are subject to physical violence – is of special concern.
A vast majority of teachers continue to beat children and believe that physical punishment is an essential and unavoidable practice to maintain discipline in the school. Afghanistan still legally permits teachers to physically punish children in their care.
The penal code of Afghanistan allows fathers to discipline family members including children and provides for no penalties. Girls are more often victims of abuse and torture by their relatives than boys.
Laws in modern Afghanistan have failed to define domestic and institutional violence and failed to take measures to deal with such violence. Legal reform is a crucial step towards ending violence against children in schools and homes. However, real change requires a package of interventions comprised of both policy and legislation at the national level and direct work at all levels to achieve attitude and behavioral change.
Provide access to education
Long walking distance between home and school is one of the major causes that limits access to education. A main reason for girls not taking part in education is because their families do not consider it safe for them to walk the long distances to their school
Moreover, children with disabilities at large are denied education. The absence of facilities such as ramps and wider gates and lack of programs to sensitize children and teachers to ensure dignity to children with disabilities are major causes for them not to attend school. At present, no education opportunities are available for mentally challenged children.
We support the government and encourage it to expand the programs of community based schools and to speed up the processes of certifying new schools in order to provide access to education for more children.
Provide higher quality of education
The expansion of the education system in the last years is exceptional. Today, the total number of Afghan children in school is more than six times the number in 2002 and this number keeps growing.
The education system faces challenges with too large classes, too few teachers and classrooms as well as run-down facilities highly affecting the quality of education. Existing classroom-based methods are neither effective in making students literate or numerate nor do they develop the critical thinking and analytical skills of students. Very few teachers are educated beyond high school level and trained to teach classes higher than primary grades. The concept of quality of education is not defined and not standardized in most state documents including the education policy.
We encourage the government to pay special attention to the quality aspect of education. The millions of children already in Afghan schools need better education for a better future.
We support the government to accelerate the process of revising the curriculum for students and to renew the efforts of accomplishing better training for both new teachers and teachers already active in the education system.
Make every possible effort to protect children in Armed Conflict
Children are suffering from the consequences of grown-up’s wars in Afghanistan for three decades, both as direct victims and by being bereaved of family members.
Over the last few years both insurgency and pro-government forces operation has caused damages to the life and normal growth of children. Children are traumatized by the incidents of explosions, suicide attacks and air strikes.
We urge the government to use every effort to minimize civilian casualties in its combat operations and to continue to advocate strongly for the protection of civilians when discussing with its international partners.
We encourage the government to implement mechanisms that deal with not only the physiological consequences of war, but also with the psychological effects of the ongoing violence in Afghanistan. Compensation in terms of money is not enough.
Focus on child survival
Today, one out of five children born in Afghanistan doesn’t live to see its fifth birthday. Most of these children die from preventable diseases and malnutrition. Children in Afghanistan need more operational clinics and more competent staff to take care of them and their mothers.
Legislation in Afghanistan recognizes and addresses children’s rights to health care as part of the rights for every citizen, but in reality many children are completely without access to any kind of health care.
Access to health care is essential to save children from an early death. Today 15% of vulnerable people in urban settings and 30% of those in rural areas, including children, do not have access to any government, non-governmental organization or privately run health facilities.
We encourage the government to further focus on health and nutrition projects and to expand the health care system, especially in rural areas, and we pledge to work with the government to achieve this.