Consultant Policy Briefs on Child Domestic Labor & Marriage

1. BACKGROUND

Article 4 of the Convention on the Rights of the Child obliges States parties to “undertake all appropriate legislative, dministrative and other measures for the implementation of the rights recognized in the present Convention”. Independent National Human Rights Institutions (NHRI’s) are an important mechanism to promote and ensure the implementation of the Convention on the Right of the Child (CRC). The Committee on the Rights of the Child (the Committee) considers the establishment of such bodies to fall within the commitment made by States parties upon ratification to ensure the implementation of the Convention and advance the universal realization of children’s rights.

In its General Comment No. 21, the Committee describes the role and characteristics of independent human rights institutions for children. The Committee encourage States parties to establish specialist independent human rights institutions with the aim to promote and protect rights of the children. The Committee recommends that State parties should seek UN’s assistance including The United Nations Children’s Fund (UNICEF) which offers expertise and technical cooperation for the establishment and strengthening of independent human rights institutions for children.

In addition, the United Nations General Assembly and the Commission on Human Rights already called for the establishment of national human rights institutions, underlining the important role NHRIs play in promoting and protecting human rights and enhancing public awareness of those rights. The 1993 World Conference on Human Rights reaffirmed in the Vienna Declaration and Programme of Action “... the important and constructive role played by national institutions for the promotion and protection of human rights”, and encouraged “... the establishment and strengthening of national institutions”.

Realizing its commitment under CRC, the State of Pakistan has recently established a National Commission on the Rights of the Child (NCRC) through the Act XXXII of 2017. The preamble of the Act says; “WHEREAS it is expedient to set up a National Commission on the rights ofthe child inaccordance with international obligations and for matters connected therewith or incidental thereof.”

One of key function of NCRC is to examine existing or proposed legislations and administrative instruments and proposals related to child rights and make such recommendations as it deems appropriate. The NCRC is expected to develop a policy brief on child labor with clear and concise recommendations to capture the attention of policy makers.

The growing statistics of child labor indicates that it increases in Pakistan while numbers drop internationally. According to the International Labour Organization (ILO), there are an estimated 8.5 million child workers in Pakistan. Child labour is most rampant in agriculture - about 76 per cent - followed by the service sector 14.6pc and manufacturing 6.7pc. They are often exposed to hazardous substances and poor living conditions2. Last year, the roars against child domestic labor and murder flitted through the air after Zohra Shah’s case and people from all corners of the country came forward courageously and swiftly to remind the state that Zohra Shah’s incident is not a first — Shazia, Uzma and so the list goes. Afshan Tahseen Bajwa, the chairperson of the NCRC in her official statement on the World Day against Child Labor 2020 emphasized her determination to resolve matters concerning the plight of children in domestic labor. She stated that as per the international treaties ratified by the Government of Pakistan, it is important to designate strict compliance, whereby the practice of child labor is eliminated.

Rather sending them to school, parents pushing children into child labor blatantly challenges progress for implementation of the Sustainable Development Goals (SDGs). Obsolete data on child labor indicators, unresponsive and desensitized attitudes of communities towards child labor, lack of coherence in provincial and federal laws, loopholes within the legislative system particularly the issue of varying legal age and segregating child domestic labour as a hazardous occupation are those bitter realities which keep the status quo.

A Consultant to Develop a Policy Brief on Child Labor in Pakistan

Based on the above mentioned premise, the objective of this assignment is to prepare a policy brief in line with the international commitments of Pakistan to advocate for legislation on child labor without any lacunas and contradictions. The consultant is required to review the progress around (Law, Policy, Institutions) around the frame work as per following Legal framework on Child Labor. -

• Employment of Children Act-1991 (Applicable in ICT, Balochistan) 
• KP Prohibition of Employment of Children Act 2015 
• Punjab Restriction on Employment of Children Act 2016 
• Punjab Prohibition of Child Labour at Brick Kilns Act (2016)
• Punjab Domestic Workers Act (2018)
• Sindh Prohibition of employment of Children Act-2017

In addition, the consultant shall also take into an account of different federal and provincial laws on child protection as well as free and compulsory education laws, and determine their relevance and linkages to child labor laws in Pakistan.

The consultant will also take into consideration the various international commitments of the country while developing this policy brief. For instance, UN Committee on the Rights of the Child in its concluding observations on the fifth periodic report of Pakistan on 3 June, 2016, Para 72(a) urged Pakistan to take appropriate measures to eradicate child labour, in particular the worst forms of child labour by addressing the root causes including poverty. Likewise, Committee on Economic, Social and Cultural Rights in its Concluding observations on the initial report of Pakistan on July 2017 expressed its serious concerns about the economic exploitation of children (Para 63) that, according to official data, over 2 million children aged between 10 and 14 years are working and that 28 per cent of them are engaged in hazardous work. Moreover, most of these children are out of school. It is further concerned at the working conditions of children, most of whom work in agriculture, with brick kilns, in coal mining, in the street and in domestic settings, and at the high risk faced by these children of exposure to sexual and economic exploitation (arts. 7, 10 and 13-14). The Committee recommends (Para 64) that the State party has to strengthen its legislation prohibiting child labour and the enforcement of such legislation, including by enhancing labour inspections of child labour.

The brief will further analyze the progress of Pakistan in relation to its international commitment particularly in line with Target 8.7 of the Sustainable Development Goals to “take immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of child labour, including recruitment and use of child soldiers, and by 2025 end child labour in all its forms”.

This policy brief would be a secondary analysis.

2. SCOPE OF THE WORK

• Inception Meeting
• Hold consultation meeting(s) in all provinces and ICT to develop the brief
• Review the relevant policy documents and analyses carried out by the Government and other organizations
• Consult with NCRC chairperson and members
• Prepare a 15 to 20 page policy brief based on the review. A policy document proofread and ready for layout.

3. DUTIES AND RESPONSIBILITIES

Under the overall supervision of NCRC chairperson, the Consultant will do the following:

• Develop a Concept Note and work plan along with deliverables and Methodology
• Inception report 
• Develop a policy brief that highlights the lacunas and gaps in various provincial laws and institutional mechanisms related to child labor
• Map out a set of recommendations on how to address these gaps to support children engaged in child labour
• Map out opportunities and support mechanisms for children involved in child labour 

4. DELIVERABLES

• The key deliverable is a draft 15-20 page brief.
• The brief should be logically structured, contain context, rationale, a set of specific recommendations, and identify the necessary actions as way forward for child labour including child domestic labour for all relevant stake holders including policy makers, government and CSOs.

5. REPORTING RELATIONSHIPS The Consultant will report to the chairperson NCRC

6. DURATION OF THE WORK 25 consultancy days

7. QUALIFICATIONS OF THE CONSULTANT

Functional Competencies:

• Expert knowledge of human rights, legal framework, child rights and the law
• Experience of conducting policy briefs - Ability to research and write at a high level reports
• Expert knowledge of government policy formulation and rules of business

Core Competencies:

• Ability to produce high quality products in a timely manner while understanding and anticipating the evolving client needs.

Required Skills and Experience Education:

• Advanced University degree in Law, Human Rights or any of the Social Sciences
• Minimum of 7 years of relevant experience is required.
• Excellent written English

A Consultant to Develop a Policy Brief on Child Marriages in Pakistan

Based on the above mentioned premise, the objective of this assignment is to prepare a policy brief clearly highlighting the gaps in existing legislation both federal and provincial level, and to propose amendments and recommendations without any lacunas and contradictions. in line with the international commitments by Pakistan. The consultant is required to review the on-going policy, legislative and institutional reforms aiming to improve the legal framework on child marriages in Pakistan. 

• Legal Framework on Child Marriages (National and Provincial)
• Child Marriage Restraint Act-1929 (Applicable in ICT, KP, Balochistan)
• Child Marriage Restraint (amnd) Act -2015 (Punjab)
• Sindh Child Marriage Restraint Act-2013
• Related sections of Pakistan Penal Code : PPC-310 A, 498-B

The consultant will also take into consideration the various international commitments of the country while reviewing this policy brief. For instance, besides expressing its concerns about legal inconsistencies regarding the definition of a child at the federal, provincial and territorial levels, UN Committee on the Rights of the Child in its concluding observations on the fifth periodic report of Pakistan on 3 June, 2016, Para 39(a) urged Pakistan to immediately “enforce its legislation that prohibit child marriages throughout the country and initiate investigations and prosecutions of persons, including members of local councils (jirga), which decide and endorse harmful practices in violation of the State party’s laws and international obligations. Likewise, Committee on the Elimination of Discrimination against Women also expressed its concerns about child marriages in its Concluding observations on the fifth periodic report of Pakistan on 10 March, 2020. The committee in its report Para 50 (a) asked Pakistan to adopt a bill to amend the Child Marriage Restraint Act to set the minimum age of marriage at 18 years for both sexes without exceptions throughout the State party. Furthermore, UN Human Rights Committee Concluding Observation to periodic report of Pakistan in August 2017 in Para 42: The State party should ensure that minimum age for marriage is set 18 years for both girls and boys.

The brief will further analyze the progress of Pakistan in relation to its international commitment to preventing child marriage by 2030 in line with Target 5.3 of the Sustainable Development Goals.

This policy brief would be a secondary analysis.

1. SCOPE OF THE WORK

• Draft framework and develop concept note
• Conduct Inception Meeting and receive feedback on the concept from the concerned reporting lines.
• Hold consultation meeting(s) in all provinces and ICT to develop the brief.
• Review the relevant policy documents and analyses carried out by the Government and other organizations. 
• Consult with NCRC chairperson and members.
• Prepare a 15 to 20-page policy brief based on the review.
• A policy document proofread and ready for layout.

2. DUTIES AND RESPONSIBILITIES

Under the overall supervision of NCRC chairperson, the Consultant will do the following:

• Develop work plan and concept note along with deliverables and methodology
• Submit inception report
• Develop a policy brief that highlights the lacunas and gaps in various provincial laws related to child marriages with recommendations on how to address these gaps
• Map out opportunities for advocacy 

3. DELIVERABLES

• The key deliverable is a draft 15 to 20 page brief
• The brief should be logically structured, contain context, rational, a set of specific recommendations, and identify the necessary actions as way forward for all stake holders including policy makers, government, media and CSOs.

4. REPORTING RELATIONSHIPS

The Consultant will report to the chairperson NCRC

5. DURATION OF THE WORK 25 consultancy days

6. QUALIFICATIONS OF THE CONSULTANT

Functional Competencies:

• Expert knowledge of human rights, legal framework, child rights and the law
• Experience of conducting policy briefs
• Ability to research and write at a high level reports
• Expert knowledge of government policy formulation and rules of business

Core Competencies:

• Ability to produce high quality products in a timely manner while understanding and anticipating the evolving client needs.

Required Skills and Experience Education:

• Advanced University degree in Law, Human Rights or any of the Social Sciences
• Minimum of 7 years of relevant experience is required.
• Excellent written English 

8. CONFIDENTIALITY The documents produced during the period of this consultancy will be treated as strictly confidential, and the rights of distribution and/or publication will reside solely with NCRC.

APPLICATION INSTRUCTION:

• Strictly follow the instructions indicated in the Terms of Reference 
• Group of Individuals and/or Firms are not eligible for this consultancy assignment (open only for individual consultant).

CONSULTANCY FEE PKR 500,000/