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A Study on Child Rights Governance Situation in Bangladesh

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A Study on Child Rights Governance Situation in Bangladesh A Study on Child Rights Governance Situation in Bangladesh A Study on Child Rights Governance Situation in Bangladesh House CWN (A)35, Road 43 Gulshan 2, Dhaka, Bangladesh Phone: +88-02-9861690 Fax: +88-02-9886372 Child Rights Governance Analysis (CRGA) Bangladesh 2012 Child Rights Governance Analysis (CRGA) Bangladesh 2012 Research Team Table of Contents Researcher: Abbreviations VI Dr. Charika Marasinghe International Child Rights Law Consultant, Sri Lanka List of Tables VII Preface X Associate team members: Md. Mokhlesur Rahman Executive Summary 12 Senior officer – Research & Publications Child Rights Governance, Save the Children 1 Introduction 16 Chowdhury Tayub Tazamul (Rana) 1.1 Study on Child Rights Governance Analysis 16 Senior Manager- Civil Society & Governance 1.1.1 Purpose, Objectives and Scope of the Study 16 Child Rights Governance, Save the Children 1.1.2 Methodology 16 Coordinated and supervised by: 1.1.3 Conceptual Framework, Constraints and Limitations 16 Birgit Lundbak Director – Child Rights Governance 2 Child Rights Governance Contextual Framework 17 2.1 Country Context 17 Published: 2.1.1 Demographic Features 17 Child Rights Governance 2.1.2 Birth of a Nation and the Liberation Struggle 18 Save the Children in Bangladesh house – CWN(A) 35, Road- 43, Gulshan-2, Dhaka 1212 2.1.3 National Governance 19 2.1.4 Local Governance 21 Cover design: 2.1.5 Rule of Law and Governance 22 Raihan Ahmed 2.1.6 Socio-Economic Developments 24 Member of Ichchey Meida 2.2 International Human Rights Treaty Obligations 26 2.2.1 International Treaties Ratified or Acceded to by Bangladesh 27 Printing: 2.2.2 Treaty Obligations under the United Nations Convention on the Child Rights of the Child 27 ROOT Marketing Services 2.2.3 Achievements in and Impediments to Realization of Child Rights 28 First edition: 2.3 Child Rights Governance: Theory and Practice 28 December 2012 2.3.1 What is Child Rights Governance? 28 2.3.2 General Measures of Implementation 29 Copy right: 2.3.3 Interpretative Guidance from Good Governance 32 Save the Children 3 Strengthening National Systems 41 ISBN: 3.1 National Laws, Policies and Plans of Action 42 Save the Children in Bangladesh is working with Child Rights Governance with a vision that far more 3.1.1 Enactment/Amendment of Laws 42 children have their rights fulfilled. The programme comprise of child rights monitoring and advocacy, 3.1.2 Law Enforcement 47 strengthening child friendly governance systems and building awareness and capacity of civil society. 3.1.3 Interpretation of the Laws 52 3.1.4 National Strategies, Policies and Action Plans for Children 56 Your comments on child rights governance in general and this report in particularly are very much welcome. Please write to [email protected]. 3.2 Coordination of Implementation of Children’s Rights 60 ii iii Child Rights Governance Analysis (CRGA) Bangladesh 2012 Child Rights Governance Analysis (CRGA) Bangladesh 2012 1.2.1 Ministry of Women and Children Affairs (MOWCA) 61 2.6.1 The Anti-corruption Act of 2004 and the Anti-corruption Commission 127 1.2.2 Inter-ministerial CRC Committee (also known as CRC Standing Committee) 63 2.6.2 Other Legislative Measures 128 1.2.3 National Council for Children (NCC) and National Council for Women and 2.6.3 Corruption Index 129 Child Development (NCWCD) 63 2.6.4 Trends in Corruption 130 1.2.4 Coordinating MDG Goals 64 2.6.5 UN Convention against Corruption (UNCAC) and Bangladesh’s International Treaty Obligations 1.2.5 Focal Points within Ministries 64 133 1.2.6 National Children’s Task Force (NCTF) 65 2.7 Data collection 139 1.2.7 Coordination at Sub National Level 65 2.7.1 Institutions Responsible for Data Collection 140 1.3 Local Government Structure and Functions relating to Children 67 1.3.1 Zila Parishad 68 3. Building Awareness and Capacity 143 1.3.2 Upazila Parishad 68 5.1 Civil Society 143 1.3.3 Union Parishad 69 5.1.1 Contribution of Civil Society 143 1.3.4 City Corporations and Paurashavas 70 5.1.2 Politics and Civil Society 144 1.3.5 UNDP and Local Governance 70 5.1.3 Civil Society and Government Partnerships 145 1.4 Economic Governance 73 5.1.4 Civil Society and Child Rights 145 1.4.1 Budgetary Concepts and General Framework of the Budgetary Procedure 74 5.2 Government of Bangladesh 148 1.4.2 Taxation 82 5.3 Children 149 1.5 Birth Registration and Citizenship 88 5.3.1 Fundamentals of Capacity Building 149 1.5.1 Birth Registration 88 5.3.2 Child Participation in Child Rights Governance 149 1.5.2 Citizenship 93 6. Conclusion 153 4. Child Rights Monitoring 99 4.1 International Standard Setting on Independent Child Rights Monitoring Mechanisms 100 Annex 1 155 4.1.1 United Nations Convention on the Rights of the Child 100 Bibliography 156 4.1.2 Vienna Declaration and Programme of Action 100 Annex 2 164 4.1.3 Paris Principles 101 4.1.4 Standards for Independent Human Rights Institutions, 101 European Network of Ombudspersons for Children (ENOC) 4.2 Essential characteristics of an independent child rights monitoring mechanism 101 2.2.1 Legality and Independence 101 2.2.2 Powers and Functions 103 2.3 National Human Rights Commission of Bangladesh 106 2.3.1 Legal Framework of the Commission 107 2.3.2 UNDP Capacity Development Project 113 2.4 Right to Information Act 115 2.4.1 Legal Framework of the Act 116 2.4.2 Powers and Functions of the Information Commission 117 2.5 Child-focussed Budget Analyses 120 2.6 Anti-Corruption 126 iv v Child Rights Governance Analysis (CRGA) Bangladesh 2012 Child Rights Governance Analysis (CRGA) Bangladesh 2012 Abbreviations List of Tables ACC Anti-Corruption Commission Table No. Subject ADP Annual Development Programme Table 2.1 Demographic Status of Bangladesh BAC Bureau of Anti-Corruption Table 2.2 Distribution of Children (0-17 years) by Geographic Regions BSA Bangladesh Shishu Academy Table 2.3 National Governance Structure BSAF Bangladesh Shishu Adhikar Forum Table: 2.4 Succession in Political Leadership Since Independence CLU Child Labour Unit Table 2.5 Local Governance Structure CPI Corruption Perceptions Index Table 2.6 Status of Children Against Key MDG Indicators (per cent) CRG Child Rights Governance Table 2.7 Status of MDGs in Bangladesh CSOs Civil Society Organizations Table 2.8 International Treaty Obligations Undertaken by Bangladesh GDP Gross Domestic Product Table 2.9 Rights-Based Approach to Governance ILO International Labour Organization Table 2.10 Child Rights Governance Model INGOs International Non-governmental organizations Table 2.11 Duty Bearers responsible for Governance at National Levels JATI Judicial Administrative Training Institute Table 2.12 Duty Bearers responsible for Governance at Sub National Levels MoE Ministry of Education Table 3.1 Comparison of the Mandate of MoWCA and Ministry of Social Welfare MDG Millennium Development Goals Table 3.2 Functions of Upazila Parishads MoHFW Ministry of Health and Family Welfare Table 3.3 Budgetary Time Frame MoLE Ministry of Labour and Employment Table 3.4 Total Revenue and Taxes as Percentage of GDP MoPME Ministry of Primary and Mass Education Table 3.5 Birth Registration of Children under the Age of 5 years: Comparison of 2006 and 2009 MCIS Surveys MoSW Ministry of Social Welfare Table 3.6 Birth Registration by Educational Level of Mothers and Caretakers MoWCA Ministry of Women and Children Table 3.7 Birth Registration by Wealth Index Quintiles NBR National Board of Revenue Table 4.1 Complaints handled by the NHRC NCC National Council for Children Table 4.2 Five-Year Strategic Plan NCTF National Children’s Task Force Table 4.3 Budget Allocation of Child-Related Ministries NCP National Child Parliament Table 4.4 Pattern in Budget Allocation NCC National Council for Children Table 4.5 Allocation in ADP for the Six Selected ministries NCWCD National Council for Women and Child Development Table 4.6 Bangladesh’s Scores in CPI (2001-2011) Table 4.7 CPI: Performance of South Asian Countries 2010-2011 NGOs Non-governmental organizations Table 4.8 National Estimate of Bribery NHRC National Human Rights Commission Table 4.9 Percentage of Households Who Experienced Corruption NPA National Plan of Action Table 4.10 Corruption – bias against poor RTI Right to Information Table 4.11 Key Statistics Child Labour Unit, Ministry of Labour and Employment SSN Social Safety Net Table 5.1 Rise of NGOs Receiving Foreign Funding Since 1990s in Bangladesh UNICEF United Nations Children’s Fund Table 5.2 CSO Active at Different Geographic Levels UNCRC United Nations Convention on the Rights of the Child Table 5.3 Statistics of Registered CSOs in Bangladesh UNDP United Nations Development Programme Table 5.4 Statistics of CSOs and Total Population of Selected Countries in Asia Table 5.5 Policy interests of civil society organizations Table 5.6 Relationship of CSOs with Ruling Party and Opposition Table 5.7 Presence of the National Children’s Task Force vi vii Child Rights Governance Analysis (CRGA) Bangladesh 2012 Child Rights Governance Analysis (CRGA) Bangladesh 2012 Preface Executive Summary Save the Children is working on Child Rights Governance with the aim of building societies that fulfill children rights. Our long-term vision is that children have their rights fulfilled. This requires: Introduction • All States to meet their obligations to monitor and implement children’s rights The relational link and the importance of good governance for the promotion and protection of human rights have • A strong civil society, including children, holding States and the international community to account for long been discussed and debated.
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