Manipur Alliance for Child Rights: May 2012

Monday, May 21, 2012

NCPCR grills state on ‘encounter’

http://www.ifp.co.in/imphal-free-press-full-story.php?newsid=6286&catid=1

IMPHAL, May 20: The state Home Minister Gaikhangam has assured the members of National Commission for Protection of Child Rights (NCPCR) that the alleged encounter death of Ahanthem Amujao would be investigated.

The 16 year boy from Sawombung was allegedly killed in an encounter at Khuman Palli by Imphal West commandos on February 29 last.

Briefing newsmen at Hotel Classic this morning Chairperson of North East Cell NCPCR Prof Shantha Sinha stated that after holding a formal hearing and meeting family members and other testimonies being heard, the NCPCR team found several ‘gaps’ in the police report of the encounter.

“The matter has been intimated to state home minister Gaikhangam and he has assured us that an investigation will be carried out and the report will be tendered to the NCPCR,” she said.

Mentioning another case of a juvenile being arrested by paramilitary forces at Chandel recently, Sinha said that the child was detained at the police station.

“This is a clear violation of the Juvenile Justice Act, a child cannot be kept in police custody and the act supersedes the AFSPA in the regard”, she added.

Prof Shantha Sinha stated that Manipur needs a state child policy to effectively address the child rights violation issues. As per recommendations of the public hearing held last year at Kangla, the complaint issues pertaining to education of children, SSA, mid day meals, disabilities etc have been addressed to a satisfactory level. She however stated that there have been no reports available for issues of children affected with HIV/AIDS.

Manipur has a worse problem with its law and order among north eastern states, the porous border, drugs, child trafficking, HIV/AIDS, poor educational facilities are more concentrated in the region and the worst end is received by the children.

“We condemn the recruitment of child soldiers by some insurgent outfits here, the state government needs to tackle the menace, for that a state child policy needs to be set up for holistic redress”, she said.

An IFP query on setting up of the State Commission for Protection of Child Rights (SCPCR) a state official Binobala informed members of the press that the state cabinet has already approved the institution of SCPCR and and that the notification would be issued shortly.

The NCPCR delegates notified that to address the challenges in tackling the child right violations, the Commission has approved setting up of a nodal cell here. The cell will comprise of two child right activists, namely Anne Mangsatabam of Childline and Keisam Pradipkumar of Manipur Alliance for Child Rights. The cell will function as a nodal agency for the NCPCR.

The Commission delegates with the chairperson included former CBI director Dr Kaarthikeyan and special advisor of NCPCR (north east), L Mishra.

It may be mentioned that this is the first time that the NCPCR chairperson and members have personally investigated an alleged fake encounter case following a complaint made by Centre for Organization, Research and Education (CORE).

Memorandum

Memorandum Submitted to Madam Prof. Shantha Sinha, Hon’ble Chairperson, National Commission for Protection of Child Rights (MACR), 5ht Floor Chndralok Building, 36 Janpath New Delhi, 110 001, who is presently in Imphal, by Manipur Alliance for Child Rights, Maringlane, New Checkon, Imphal East, 795001, Manipur, a collective body for protection of child rights, on this day the 19^th May, 2012 for favour kind consideration and necessary recommendations in the best interest of the children.

Charter of demands of Manipur Alliance for Child Rights (MACR):

1. Urged upon the NCPCR, to develop and prescribe a Standard Operational Procedures/ Mandatory Guidelines on the basis of guiding principles of UN Convention on Rights of the Child (UNCRC) and Juvenile Justice (Care and Protection of Children) Act 2000 and as amended in 2006, taking into consideration the true spirit of “The best interest of the child”; to be followed by security personnel and police engaged in such activities, where children may likely to get direct or indirect impact of their military/aggressive action, in such manner and extent, thereby affecting basic rights of children such as Right to Survival, Development, Protection and Participation.

Because, Children in the state, are often entangled and being the primary and secondary victims of such aggressive action of the security personnel and police, primarily during Counter Insurgency Military Operations, Encounters between state and non state actors, Extra Judicial executions, Mass Eviction and requisition of houses/homestead lands, villages, forest and water bodies, in the name of so called development projects- Dam construction, Airport expansion, Loktak protection etc. etc.

In order to prevent children becoming the victims of displacement, victims of armed conflict, being detached from attending school, who would be either made homeless or damped inside temporary relief camps without basic human needs, such as proper food, medicine and care facilities, exposing the children in unhygienic, discomfort and un-child friendly environment.

2. Urged upon the NCPCR, to recommend the state of Manipur, to submit the NCPCR a periodic detailed action taken report, the state has so far initiated against the recent cases, of rape, and murder of girl children after being raped, child trafficking in order to have a periodic consolidated status reports of heinous crimes against children vis –a- vis state’s legal actions so far taken up.

3. Urged upon the NCPCR, to issue a recommendation to the state home department, to submit a mandatory action taken report on each and every child trafficking, rape and murder of girl children within a stipulated time limit (least possible time), so that police do not neglect or derelict from their bounded duties, which may, otherwise cause undue delay and denial of justice. It is to prevent any possible negligence of concerned police official (s) duties, to check reluctance on timely FIR registration and deliberate slow-moving of police’s crime investigation on child rights violation cases

4. As Criminal Justice system, juvenile criminal justice system in the state is not in place and in many cases improper charge sheet framing against the perpetrators, who committed offences against the children, have largely resulted into loss of evidence, twisting of facts and ultimately failed to book and punish the culprits, many culprits have not been awarded deterrent legal punishment supposed to be awarded, various traffickers, rapists and murderers of young girls and children, remained scot-free and they are found to be committing similar crimes against girls and children again and again.

5. Urged upon the NCPCR, to give directions, to the state home department, so that a speedy crime investigation is undertaken in every reported crime against child, to make sure that culprit (s) gets deterrent punishment and victim (s) gets justice as per relevant provisions of law of the country.

6. Urged upon the NCPCR to recommend the state home department to give compulsory induction training/sensitization on Child Rights/JJ Act/CRC/International Humanitarian and International Human Rights laws pertaining to child rights and juvenile justice to all state police/ Village Defense Force/Manipur Riffles/Indian Reserve Battalion/ Central Para Military forces – Assam Rifles , CRPF and others security forces operating in Manipur on priority basis.

7. Urged upon the NCPCR, to ensure prompt follow up action against the state and concerned departments, so that the concerned department (s) would really comply with the relevant verdicts passed upon by the NCPCR Public hearing held in Imphal on 17 and 18 August, 2011 positively.

8. Urged upon the NCPCR, to take up necessary steps so that Manipur government speed up the process for setting up the State Commission for Protection of Child Right in the state.

Issue of child soldiers to be taken up with Centre

ZEE news

Shillong: The issue of child soldiers being used by militant outfits in Meghalaya and Manipur would be taken up with the Centre by National Commission for Protection of Child Rights.

"We will take suo moto cognisance and raise the issue with the union home secretary and seek appropriate actions in this regard," Commission member Yogesh Dube told reporters here after reviewing the status of child rights in Meghalaya on Saturday.

Terming the matter of child soldiers as 'serious', he said the Government should ensure that action is taken at all levels to ensure that children be given their rights to life, education and health services. Garo National Liberation Army (GNLA) in Meghalaya has been recruiting children in its fold and more than a hundred of them are at its camps in the jungle in Garo Hills, Meghalaya police said.

In trouble-torn Manipur, several militant organisations reportedly having children as soldiers.

The Commission said senior concerned officers in Meghalaya, Assam, Arunachal Pradesh and Manipur would be pulled up for violation of child rights.

The Commission members during their three-day visit to Meghalaya said it should be ensured that no children were employed in mines in the state and stressed on the need to focus more on labour, mining and education.

During their tour of coal mines in Jaintia Hills districts in Meghalaya, they found that some of them flouted labour norms and safety standards and provided no health care facilities.

Dube asked the tribal mine owners to address the health and safety issues of its workers and said he would raise the issue with the union ministry of labour and with the Director General of Safety Mines to ensure that minimum safety standards are followed in the state's coal mines.

During an interaction with members of civil society and NGOs and the Commission, the issue of childrights in stone and limestone quarries in other districts of the state also came under the scanner.

The state government had yesterday handed over to the Commission the action taken report (ATR) on recommendations made by it during its visit to the state in November.

Issue of child soldiers to be taken up with the Centre

Shillong, May 19: The issue of child soldiers being used by militant outfits in Meghalaya and Manipur would be taken up with the Centre by National Commission for Protection of Child Rights.
“We will take suo moto cognisance and raise the issue with the union home secretary and seek appropriate actions in this regard,” Commission member Yogesh Dube told reporters here after reviewing the status of child rights in Meghalaya today.
Terming the matter of child soldiers as ‘serious’, he said the Government should ensure that action is taken at all levels to ensure that children be given their rights to life, education and health services.
Garo National Liberation Army in Meghalaya has been recruiting children in its fold and more than a hundred of them are at its camps in the jungle in Garo Hills, Megha-laya police said. In trouble-torn Manipur several militant organisations reportedly have children as soldiers.
The Commission said senior concerned officers in Meghalaya, Assam, Arunachal Pradesh and Manipur would be pulled up for violation of child rights.

NCPCR team visits Manipur

IMPHAL, May 19: A team of National Commission for Protection of Child Rights (NCPCR), North East Cell led by chairperson Prof Shantha Sinha, Special Adviser of NCPR NE Cell Dr L Mishra, former Director of CBI and DG of NHRC Sh DR Kaarthikeyan, RTE Project Coordinator of NCPCR Ajay Kumar, Senior Consultant of NCPCR Sanjay Kumar Tiwari and Santosh Chakma, consultant of Asian Centre for Human Rights along with other prominent personnels is visiting Manipur to investigate into the alleged encounter killings of children in Imphal West district from May 18 to 20.
According to a statement of the Centre for Organization Research & Education (CO-RE), the Centre claimed that the visit was in response to the complaint put forward by them against the alleged killing of Ahanthem Amujao (16) by the Imphal West Commandos.
During a formal hearing conducted by the team at the Imphal Hotel, on May 18, they also brought out the the case of Master Sonkhopao Mate (16) who was allegedly tortured by Assam Rifles.
The team also had a consultation with the the NGOs of the State along with the Child Welfare Committees (CWCs) of various districts to discuss the protection of children in 'disturbed areas' or armed conflict situations.
The Civil Societies Coal-ition on Human Rights, Manipur and UN(CSCHR) felicitated the NGOs Consultation.
The team held a meeting with the Deputy Commissio-ners and Superintendent of Police of Chandel, Tamenglong and Imphal West, the Home Secretary, Chief Secretary, Home Minister and the Chief Minister of the State today, the statement added.

NCPCR meets CM, HM

IMPHAL, May 19: The Chairperson of North East Cell of the National Commission for Protection of child Rights (NCPCR) Prof Shantha Sinha and his team today met the state Chief Minister O Ibobi Singh and Home Minister Gaikhangam.

The meeting was attended by state Chief Secretary DS Poonia, Principal Secretary (Home) Dr Sureshbabu and DCs and SPs of Chandel, Tamenglong and Imphal West.

The Civil Societies Coalition on Human Rights in Manipur (CSCHR) submitted a petition to the team regarding 92 documented cases of extrajudicial executions of children in Manipur from 1979 till February 6, 2012 with a prayer to the Commission to take up urgent steps regarding these cases for the end of justice.

A press release of the Centre for Organisation Research & Education (CORE) said that the team on an unprecedented visit to the state is scheduled to investigate into alleged encounter killings in Imphal West district of the state.

The team is visiting the state in response to a complaint made by the CORE regarding the alleged extra judicial execution of (L) Ahanthem Amujao, 16 of Sawombung at Khuman Palli, Imphal West by the Imphal West Commandos.

On their arrival in the state, the team had conducted a formal hearing at Hotel Imphal on May 18 and met with family members and other witnesses of the Amujao case, the statement said.

The NCPCR team also took up the case of Sonkhopao Mate, 16 from Chandel district who was allegedly tortured by Assam Rifles, it added.

Following the hearing, the NCPCR team had a consultation with the NGOs of Manipur including members of the Child Welfare Committees (CWCs) of Chandel, Tamenglong, Ukhrul and Imphal West and Imphal East and discussed related issues of protection of children in ‘disturbed’ areas or armed conflict situations.

The CORE release said, “The issues discussed in the petition are impunity in the context of Armed Forces (Special Powers) Act, 1958, various lapses and lacunae in the procedures to be taken up by the Government in cases of culpable homicide involving children in accordance to the guidelines of the Supreme Court, the National Human Rights Commission and the Code of Criminal Procedures (CrPC); the need to assert the supremacy of The Juvenile JusticeAct, 2000 (amended 2006) over AFSPA with regard to children in conflict with the law and involved in the armed conflict in Manipur and other parts of India; and the need to develop a ‘Standard Operating Procedure’ to be adopted by NCPCR to deal with complaints relating to ‘encounter deaths’ of children”.

Other members of the team accompanying the Chairman are Special Adviser (North East Cell) NCPCR, Dr L Mishra; former Director, CBI and DG, NHRC, Dr Kaarthikeyan; Project Coordinator (RTE) NCPCR Ajay Kumar; Sr. Consultant, NCPCR, Sanjay Kumar Tiwari and Consultant, Asian Centre for Human Rights, Santosh Chakma.

The team on a three day visit to the state will leave on May 20 after addressing a press conference at Hotel Classic at 10am.

THE CHILD RIGHTS MANIFESTO

Today, unseen, ignored, almost half of all Indian children under
the age of five are underweight, millions die each year of easily preventable
diseases and 8 million children do not go to school. In the 21st century, in
one of the world's fastest growing economies, this is unacceptable.

CRY - Child Rights and You works to ensure lasting change in the
lives of underprivileged children and you can help - by making your vote
count. Get our leaders to do more for children. Create a vote bank big enough
for them to hear that we, the people. demand child rights - the rights to
education, safety, healthcare, and participation.

Pledge your support and wear the yellow ChildMark proudly on
your finger.

THE CHILD RIGHTS
MANIFESTO
16th General
Elections 2014
CRY - Child Rights and You calls on all political parties to
become campaigner of rights of all children in India.

India, with about 430 million children, has the world’s largest
child population with every sixth child in the world today referring to India
as ‘home’. Although children constitute over a third of India’s population,
they are accorded a low priority in national policy and governance decisions.
CRY urges political parties and governments in power to take heed and ‘Put children first’ and include the following commitment
suggestions that can impact over a third of this nation’s population, when
designing their own election agenda.
• Harmonize the age
definition for all child-related legislations in line with National Policy for
Children 2013 where child is any person below the age of eighteen years.
• Ensure Right to
Education is fully exercised as fundamental right and Amend and expand the
scope of Right to Free and Compulsory Education (RTE) Act, 2009 such that: All Children between 6-14 years
get enrolled, regularly attend Elementary
school and avail quality education. Also, all children from 0-6 years and 14-18 years should come under the purview of the Act.
• Strengthen
implementation of Integrated Child Development Scheme (ICDS) such that all six services viz
Supplementary nutrition, Health Check-ups, Immunization, Nutrition & Health
Education, Pre-school non-formal education and referral services are
effectively functioning. Also ensure that there is an adequate investment
carried out in decentralized planning, universal coverage and trained
personnel.
• Reduce child mortality
and morbidity and ensure that no child remains malnourished through carrying out sustained efforts
towards complete immunization, regular health check-ups and growth monitoring,
proper nutritional support and health counselling of all children under 18
years.

• Declare access to
quality primary healthcare a Fundamental Right in the Constitution of India and strengthen Primary Health Care
systems and child health amongst the urban poor.
• Ensure Food security at
household level for all marginalized groups of people with proper implementation of the National
Food Security Act, 2013 and consider amendments (i) increasing the
protein/fat intake for pregnant mothers and children to 20-25 gms (according to
Supreme court order) instead of current provision of 18-20 gms (ii) including services such as immunization, health check-ups etc
which have been part of the ICDS as part of the Act (iii) making provision of supplementary
nutrition for children in the14-18 age group.
• Amend the Child Labour
(Prohibition and Regulation) Act, 2012: to abolish all forms of child labour by removing the distinction
between hazardous and non-hazardous categories of work for all children up to
18 years of age.
• Invest adequately in
ensuring protection for children by: (i) implementing policies and programme that protect children from
abuse, violence and exploitation; (ii) investing in
appropriate referral services for the recovery, rehabilitation and
reintegration of victims of abuse, violence and exploitation; investing in
creating a cadre of trained professional (iii) creating robust
monitoring of implementation of child protection mechanisms, schemes and
policies (iv) creating a proper database for child
trafficking, street children, missing children and ensuring a fully functional
newly developed child tracking system – ‘Track child’.
• Ensure Gender Parity,
Social Equity, and the rights of Children with disabilities with providing equal opportunities for all
social groups – SC, ST, Minority group and urban deprived groups. Become more responsive
to needs of girl children and children with disabilities.
• Allocate sufficient
Budget for Children (BfC) allocations by
increasing the allocation from 4.64% to at least 10% of total Union Budget. Also introduce a child budget component in the budget of all
allied Ministries and ensure effective National, State and District-level
management and utilization of outlays/ budgets.

The best interest of the child needs to be put at the centre of
all policy, legislation and practice affecting their young lives. India’s one
third population deserves demonstration of commitment as a nation. It calls for
action to express zero tolerance towards violation of children’s rights so that
every child attains happy, healthy and creative childhood.

MACR- Manipur Alliance for Child Rights- Charter of demand in Assembly elcetion, 2012

1. A strong political commitment to find out a political solution in place of repressive militarisation policy, to end the
long dawn armed conflict, that has been bringing out xtraordinary denial of the right to survival, development, and
protection of all the children in Manipur, including the children living with HIV/AIDS, by repealing the AFSPA which gives impunity extra judicial powers to the army.

2. A holistic state policy for ensuring safe and secured environment, where each and every individual could enjoy the equal opportunity for economic, social and cultural development.

3. A mass employment policy for youths, providing employment opportunity within the state, not merely in state security forces but in welfare and other allied sectors.

4. Setting up of State Commission for Protection of Child Rights with the full strength of the members, free from any political interference, where independence of the commission members while providing justice to the aggrieved children is upheld.

5. A comprehensive State Children’s Policy, under which children are provided with all the entitled rights of survival,
development, protection and participation without any discrimination.

6. A commitment to announce the education institutions as completely free zone, free from any political interference, corruption, military occupation, economic hindrance, while
ensuring meaningful free and compulsory education to children.

7. A commitment for providing adequate budget for schools’ infrastructural development, with special provisions for accessing to barrier free for children with disability, creating an enabling environment, so- that teachers could attend the schools without any hindrance, adequate support and monitoring mechanism for complete implementation of Mid Day Meal scheme in Government Schools and Aided Private Schools in the state.

8. A commitment for adequate budget support for nfrastructural improvement of health institutions at Panchayat, Block and District level, accessible provisions
for institutional delivery in the PHCs with proper pre and ante natal care facilities.

9. A commitment to make all ICDS centres, accessible and functional, ensuring additional nutritional support to the Children Living with HIV/AIDS by linking with the existing
ICDS centres.

10. Commitment for timely disbursement of fund to the
Government sponsored children homes, proper implementation of Integrated Child Protection Scheme (ICPS). Opening of Girls Shelter homes and Girls Children Homes
in the state on priority basis.

11. To set up Integrated Trauma Counselling cum Life skill Centres in all districts, for victims of child trafficking, rape,
conflict inflicted children, and other Child in Need of Care and
Protection and Juvenile in Conflict with
Law.

12. A commitment to ensure regular supply of safe
drinking water and uninterrupted power supply to every village and household, by acknowledging that without regular water and electricity supply, realisation of basic rights including right to life, right to education, right to health and development are not possible.

CRY- CHILD RIGHTS and YOU appeals to the people of Manipur on the event of Assembly election

1. Political and social stability in the state where people can be engaged in peaceful social and cultural life. Each and every individual, especially children could feel secure and protected. There must be ample opportunity for children and the youth to enjoy a happy and healthy life.
2. Children should be completely immunised at the community level. Government health services must reach every community so that each and every child can access basic Government health services.
3. Children below 6 years must be enrolled in ICDS centres and must get a midday meal along with additional food nutrient support. ICDS centres must be opened everyday for the children.
4. HIV positive children must get additional nutritional support, regular health check ups and ART treatment. Families of HIV positive children must get additional economic support from the state.
5. All children must get free and compulsory education at the community level. Government schools must be easily accessible and should have properly trained and qualified teachers.
6. Children must not be trafficked; it is the responsibility of the state to be alert on the issue of child trafficking, and ensure the protection of children at the community level.
7. All efforts must be made to rescue and rehabilitate trafficked children into society and through Government sponsored homes/institutions.
8. Children who are engaged as child labourers or as domestic workers must be rescued by the state and rehabilitated through proper legal actions by the state authority.

CRY- Child Rights & You Charter of demand on the occassion of 10th ManipurAssemble election

1. All political parties should commit to ensuring a safe and secured social environment, where each and every individual, especially children can enjoy a peaceful and healthy life; all individuals must get equal opportunity for economic, social and cultural development.
2. All political parties should commit to setting up a State Commission for Child Rights to protect the rights of children in the state. The Commission should be kept free from any political interference.
3. All political parties should commit to drawing up a clear-cut policy for children at the state level, where children will be provided with the rights to survival, development, protection and participation.
4. All political parties should commit to announce all educational institutions as zones free from political unrest, and ensure free and compulsory education to all the children.
5. All political parties should commit to allocate adequate budgetary provisions for building basic infrastructure for schools, with special provisions for disabled children.
6. All political parties should commit to make provisions for adequate budget support to develop infrastructure of health institutions at Panchayat, Block and District level. They must ensure that all children in the state can avail of free Government health services.
7. Long-term conflict has resulted in the unprecedented denial of the right to health, survival and development for all children in Manipur, including HIV positive children. The government should push for a permanent end to the armed conflict as it is one of the major reasons behind the poor access to healthcare.