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A VIEW FROM PAKISTAN
A child’s right to an identity
The right to a name and nationality is well
established. However, some 50 million births go unregistered every year
— over 30 per cent of all estimated births worldwide. These unregistered
children are almost always from poor, marginalised or displaced families
or from countries where systems of registration are not in place or
functional. South Asia has the largest number of unregistered children,
with approximately 22.5 million, or over 40 per cent of the world’s
unregistered births. In Pakistan the birth registration ratio has been
recorded variably to the tune of 15 to 30 per cent in different
provinces.
If looked into, the responsibility of birth
registration comes under the Convention on the Rights of the Child (CRC)
adopted by UN General Assembly in November 1989. The Convention ensures
rights for children without discrimination, regardless of their race,
colour, sex, language, religion, national, ethnic or social origin,
disability, birth or other status, or that of their parent or legal
guardian. Until now the CRC has been ratified worldwide by 190 states
including Pakistan. Only two countries in the world ie United States and
Somalia are still giving a second thought before signing it.
Pakistan was amongst the very first few members who
signed the CRC. The implementation of the CRC is the responsibility of
the Ministry of Women Development, Social Development and Special
Education. The most important responsibilities are normally given the
"miscellaneous" ministries. We shouldn’t be worried about that because
this is a common practice in our homeland. The Ministry has constituted
a National Commission for Child Welfare and Development (NCCWD) to
facilitate and monitor the implementation of the CRC. A fair progress
has been made with regard to various aspects of the CRC, particularly
related to health and education of the children. But the fact of the
matter is that we need to build in a coalition - a pubic-private
partnership - to face the challenges ahead of fullest implementation of
the CRC in Pakistan. Our children are our future. We have to prepare
them for the coming times. We have to give them the best to fight the
life. We have to protect and take very good care of them so that could
utilise their best of potentials for their own benefit as well as for
the development of our motherland.
Apart from being the first legal acknowledgement of a
child’s existence, registration of births is fundamental to the
realisation of a number of rights and a number of practical needs. The
child who is not registered at birth is in danger of being shut out of
society — denied the right to an official identity, a recognised name
and a nationality. Some 50 million babies — more than two fifths of
those born — go unregistered every year worldwide. These children have
no birth certificate, the ‘membership card’ for society that should open
the door to the enjoyment of a whole range of other rights including
education and health care, participation and protection. Children in
Pakistan and everywhere in the world are the most vulnerable members of
society and need special protection and assistance. Their right to grow
up without fear of abuse and exploitation is paramount. The state has a
duty to protect children from abuse and to provide them with the means
to develop and realise their potential. With no document to prove how
old they are — or even who they are — Pakistani children are likely to
join the millions facing discrimination and the lack of access to basic
services such as health and education. And, with no proof of age and
identity, they may lack the most basic protection against abuse and
exploitation.
An unregistered child will be a more attractive
‘commodity’ to a child trafficker and does not have even the minimal
protection that a birth certificate provides against early marriage,
child labour or detention and prosecution as an adult. In later life,
the unregistered child may be unable to apply for a passport or formal
job, open a bank account, and stand for an elective office or vote. The
‘invisibility’ of unregistered children makes it more likely that the
discrimination, neglect and abuse they experience will remain unnoticed.
Unregistered children are, almost inevitably, the children of the poor
and excluded. Lack of registration exacerbates their poverty and
underscores their marginalisation.
As for barriers to birth registration, it is not
universally perceived as a fundamental right and, as a result, is given
low priority at every level. Registration may not be seen as important
by society at large or by a government facing severe economic
difficulties, by a country at war, or by families struggling with
day-to-day survival. Its value is often neglected in the face of
problems that are more immediate and tangible and the long-term
potential of birth registration to ease such problems is frequently
overlooked. It is often seen as nothing more than a legal formality,
with little relevance for the development of the child, including access
to health care and education services. The end result is lack of support
for birth registration from national and local authorities, and little
demand from the general public, who remain unaware of its importance.
The registration procedure itself may be too complex and bureaucratic,
or the legislative framework inadequate or even nonexistent. It may be
too costly for parents. Or there may simply be too many logistical
hurdles, including the sheer difficulty and expense of travelling to the
nearest registration office from a remote area, losing one or two day’s
work in the process and leaving other children unsupervised.
While birth registration does not itself guarantee
education, health, protection or participation, its absence can put
these fundamental rights beyond the reach of those already on the
margins of society. In today’s world, with massive population movements,
organised child trafficking and illegal adoption networks, and increased
targeting of civilians in warfare, birth registration is more essential
than ever. But the importance of registration — or the lack of it — goes
beyond the individual. In the context of Pakistan, without strong civil
registration systems, it is virtually impossible to plan or implement
effective development strategies. Unregistered children who do not show
up in the data are often overlooked in social development planning. They
are completely invisible when important policy and budget decisions are
made. And on top of all without proper birth registration, how can we
even be certain of our own birth or death rates.
Birth registration is a fundamental step towards good
governance and a vital element in the fostering of democratic processes.
Not only does the process of registration allow effective administration
and bring children to the notice of decision-makers, it is the official
and positive recognition of a new member of society, who is entitled to
all the rights and responsibilities of a valued citizen. The value of
birth registration as a fundamental human right continues to be
overlooked in developing countries including Pakistan.
There is a continuing lack of awareness of
registration as a critical measure to secure the recognition of every
person before the law, to safeguard the protection of his or her
individual rights, and to ensure that any violation of these rights does
not go unnoticed. Birth registration establishes the child’s identity
and is generally a prerequisite for the issuing of a birth certificate.
A fully registered birth and the accompanying birth certificate help our
child secure the right to his/her origin, to a nationality and also help
to safeguard other human rights like education, health, protection
against exploitation, juvenile justice etc. While there is much to be
done to achieve birth registration in Pakistan, the government needs
partners from NGO sector, civil society, and private-corporate sector to
take forward this uphill task which will contribute to national
development at the end of the day. A range of initiatives might be
taken, there are certain approaches that are effective, particularly in
combination. These are: (1) involving all levels of society, including
local communities; (2) raising awareness of the importance of birth
registration; (3) passing relevant legislation or updating old laws; (4)
ensuring coordination between relevant government ministries and
institutions at all levels; and (5) building the capacity of relevant
government officials through adequate training and materials.
Ahmed Saleem
4 August 2004
http://jang.com.pk/thenews/aug2004-daily/04-08-2004/oped/o6.htm
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