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Study on Status of Vulnerable Children, 2015 Study on status of VULNERABLE CHILDREN RENEW, Bhutan November 2015 Copyright © RENEW, Bhutan, 2015 All rights reserved No part(s) of this book may be reproduced, stored in or introduced into a retrieval system, or transmitted in any form or by any means (electronic, mechanical, photocopying, recording or otherwise), without the prior written permission from RENEW, Bhutan. Design & Layout by Chandra Singh Subba, I-Design Consultancy, Thimphu. ii AcKNOWLEDGEMENT Our sincere gratitude goes to Save the Children, Bhutan, without whose support RENEW could not have come up with this important study. We also thank all the respondents of the qualitative and quantitative study, whose inputs have added flavour to the study. To the Dasho Dzongdags, Local Leaders and District Kidu Officers of the three Dzongkhags surveyed, we offer our sincerest thanks for supporting and guiding the enumerators. We also thank all stakeholders who were involved in the study: NCWC, Tarayana Foundation, YDF, Chithuen Phenday, Lhaksam, Ability Bhutan Society, Draktsho, Royal Bhutan Police, guides, President of GAB, Principal and Vice Principal of Jigme Losel Primary School, Assignment Editor, BBS, President, BDMC, parents, children who had conflict with the law and others who contributed immensely to the study. We further convey our gratitude to the Research Ethics Board of Health (REBH) for providing us the opportunity to conduct the study. We hope that this report will help not only children but also serve as a guide for stakeholders who require information and policy makers to come up with required interventions. iii iv Study on status of Vulnerable Children v Study on status of Vulnerable Children AcRONYMS ABS Ability Bhutan Society BBS Bhutan Broadcasting Service BDMC Bhutan Dragon Motorcycle Club BMIS Bhutan Multiple Indicator Survey BNCA Bhutan Narcotics Control Agency CCPA Child Care and Protection Act (CCPA) of Bhutan- 2011 CEDAW Convention on the Elimination of All Forms of Violence Against Women CRC Convention on the Rights of Children CSO Civil Society Organization DYS Department of Youth and Sports FGDs Focus Group Discussions FYPs Five Year Plans GAB Guides Association of Bhutan GNH Gross National Happiness GNHC Gross National Happiness Commission KII Key Informant Interview MoE Ministry of Education MoLHR Ministry of Labour and Human Resources MoHCA Ministry of Home and Cultural Affairs NCWC National Commission for Women and Children NGO Non Government Organizations (NGOs) NSB National Statistical Bureau PHCB Population and Housing Census of Bhutan (PHCB) 2005, POSYPP Police and Out of School Youth Partnership Program PYPP Police Youth Partnership Program RENEW Respect, Educate, Nurture and Empower Women RBP Royal Bhutan Police UN United Nations UNICEF United Nations Children’s Fund YDRC Youth Development and Rehabilitation Centre YDF Youth Development Fund WCPU Women and Child Protection Unit vi Study on status of Vulnerable Children CONTENTS 1. Executive Summary 1 2. Introduction 3 3. Objectives of the study 4 4. Limitations of the study 5 5. Methodology 6 6. Defining Vulnerability 7 7. Literature Review 8 7.1 Understanding Bhutanese Children 8 7.2 Protecting Children 14 7.3 National Legislations supporting Children 16 7.4 Chief Stakeholders 19 8. Findings 23 8.1 Qualitative Findings 23 8.2 Major Findings 24 8.3 Emerging Vulnerabilities/ The invisible ones 29 9. Quantitative findings 30 9.1 Sample size of this study 31 9.2 Major study findings 31 9.3 Summary of the Survey (Quantitative findings) 48 10. Causes/Triggers of Vulnerability 51 11. The Most Vulnerable 52 12. Recommendations 52 13. References 55 Annexures 57 vii Study on status of Vulnerable Children 1. EXECUTIVE SUMMARY Rights of the children are all-encompassing through Bhutan’s Constitution with many specific references on it. For instance, Article 9 specifies the right of children to free education. The Constitution also specifies that the State will endeavour to provide legal aid to all persons to secure justice, which includes children. Protection of children from all forms of discrimination (Article 9:17) and exploitation including trafficking, prostitution, abuse, violence, degrading treatment and economic exploitation (Article 9:18) are reflected in the Constitution. The Constitution also mandates the right to work, trainings and fair remuneration and conditions. It is also the State’s mandate to provide both traditional and modern health services and security in the event of disability. Bhutan’s guiding principle of Gross National Happiness (GNH), requires that children enjoy free health and education in a safe and secure environment. Thus, legislations for protecting children, such as the Child Care and Protection Act 2011, Child Adoption Act of Bhutan 2012 and others1 have been enacted. Bhutan has also conducted a mapping and assessment of the Child Protection System and developed a National Plan of Action for Child Protection in Bhutan.2 Apart from the State, there are several Civil Society Organizations (CSOs), with different mandates. Though these CSOs assist vulnerable children, there are no CSOs working specifically for vulnerable children. As such, there is a lack of data on the number and types of vulnerable children, including factors making children vulnerable. Against this background, the current survey and study was conducted. The study shows that there is a lack of awareness on the legislations, even within important stakeholders like the judiciary, schools and media. This comes in the face of several forms of vulnerability that the study unearthed, beginning from children who are economically disadvantaged to those with multiple vulnerabilities, such as children with disabilities who are poor and orphans. There are children with disabilities, who are tied to a pillar within the house to ensure that they are safe, when parents leave for work. Some do not have a roof over their heads. Working children are exploited, with most paid less than the minimum wage. Most of the children surveyed belong to single parents, due to the high rate of divorces. Rural-Urban migration has led to grandparents bearing the burden of looking after children, with parents moving for greener pastures. 1Other legislations include the Labour and Employment Act 2007, Domestic Violence Act 2013, Marriage Act 1980, Inheritance Act 1980, Citizenship Act 1985 and Royal Bhutan Police Act 2009. 2GNHC, 11th FYP Document 1 Study on status of Vulnerable Children Apart from this, the study has also uncovered emerging vulnerabilities, such as children of HIV/AIDs parents, who themselves are not affected. Sex in the tourism industry is growing by the day and there are children in the flesh trade. The findings indicate that despite several legislations for protecting children, translating the legislations or policies to action is not just vital, but an immediate need. Factors leading to vulnerability have also been identified in this study. “The best interest of the child” should not remain on paper only. Immediate interventions for protecting children has become the call of the moment. 2 Study on status of Vulnerable Children 2. INTRODUCTION Bhutan followed the national development mechanism of “Five –Year Plan periods,”(FYPs) since the first one in 1961. Till date, ten FYPs have been completed and the country is at the middle of the 11th FYP. Although, social sectors such as health and education are prioritized, there was no direct reference to protecting children. However, the 10th FYP “period witnessed a landmark achievement in the area of child protection with the completion of a mapping and assessment of the child protection system and the development of a National Plan of Action for Child Protection in Bhutan. The 11th FYP includes implementation of the action “to ensure systematic and effective prevention and response to child protection issues.”3 This has made child protection an important ingredient of the national development agenda. GNH is central to the national development process in Bhutan and addressing issues of vulnerable children is consistent with GNH. The importance of children and the need to protect them has been reiterated by Bhutan’s visionary Kings, before the Kingdom embraced democracy. Thus, Bhutan ratified and is signatory to international conventions like the Convention on the Rights of Children (CRC), Convention on the Elimination of All Forms of Violence Against Women (CEDAW), and the Beijing Declaration on South-South Cooperation for Child Rights, amongst other international and regional conventions. As the country transformed to a democracy, the commitment was further underlined with Article 9, Section 18 of the country’s Constitution, stating that it is the duty of the State “to take appropriate measures to ensure that children are protected against all forms of discrimination and exploitation, including trafficking, prostitution, abuse, violence, degrading treatment and economic exploitation”. Legislations to provide care and protection for children were framed and passed by Parliament, such as the Child Care and Protection Act (CCPA) of Bhutan- 2011, Child Adoption Act of Bhutan – 2012 and the Domestic Violence Prevention Act 2013. There are also other legislations like the Penal Code of Bhutan 2004 (amended in 2011), Immigration Act of the Kingdom of Bhutan 2007, Labour and Employment Act of Bhutan 2007, Marriage Act of Bhutan 1980 (amended in 2009), Prison Act of Bhutan 2009, and the Royal Bhutan Police Act 2009, which are related to child protection. Additionally,
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