Child rights and strategic planning in Jamaica

Henry-Lee & Heron 1

Globalization, Child Rights and

Strategic Planning – a

Caribbean Context

Dr Aldrie Henry Lee, SALISES, University of the West Indies

Ms Taitu Heron, SPPRD, Planning Institute of Jamaica

2nd Regional Conference on Child Rights

Early Childhood Commission June 19-21, 2007

Henry-Lee & Heron 2

Why Child Rights

If we want to overcome poverty and the instability it generates, we must start by investing in our young people… Are you getting all the children in the classroom? Are you protecting your children against disease? Are they safe from abuse, exploitation and violence? Are we loving them? (adapted, UNICEF former Director- Carol Bellamy)

Why focus on children? Children are the link between the past and the future. Children remind us that we are continuous links in the passage of time. We do not own the future, we can release control over NOW because we will not be here to see it. However children will. Does the current situation of children guarantee a prosperous future? What kind of future do they foresee for themselves?

Child rights therefore allows us to focus on improving the guaranteeing that future that we as adults will not really be around to see.

Henry-Lee & Heron 3

Workshop objectives

At the end of this workshop:

Participants should be able to identify the

elements of strategic planning

Be familiar with a rights based approach to

planning with a focus on General Comment No.

7 – Implementing Child Rights in Early

Childhood.

To contribute a “positive agenda for early

childhood” via the working group exercises.

Henry-Lee & Heron 4

A Caribbean Context – situation

analysis of children SIDs – characteristics – econ. Dep., ecological vul; pol. arrangement based on colonialism.

General condition of children – health, education (esp.ECD), vulnerability, children at risk, children with HIV/AIDs, orphans, infant mortality, exposure to violence [Barbados, Trinidad, Jamaica, St Lucia, Haiti]

Legislative process and policy development relating to children across the region

International instruments and ratification in the region.

Henry-Lee & Heron 5

The Issue of Rights

What are rights and why are rights

important

International instruments (CRC, WFFC,

CEDAW, MDGs)

Regional Instruments (CARICOM, OAS)

National Instruments (Ja - CCPA)

Henry-Lee & Heron 6

World Fit for Children

21 specific goals and targets (2002)

Four priority areas-

1. Promoting healthy lives

2. Providing quality education for all,

3. Protecting children against abuse,

exploitation and violence

4. Combating HIV/AIDS

Henry-Lee & Heron 7

CRC Adopted by the UNGA on November 20, 1989- One of the most widely accepted human rights agreements: 192 countries have ratified. Jamaica did so in May 1991

Defines the child as a person below the age of 18, with evolving needs

Special reference to the UN Declaration on Human Rights: special care and assistance- Children to be brought up in a family environment, in the ideals of the UN charter- in the spirit of peace, dignity, tolerance, freedom, equality, and solidarity

It seeks to balance the rights of the child with the rights and duties of parents and all those who have responsibility for children. Responsibility of the States and international community

1959: UN Declaration of the Rights of the Child- GA resolution

The Convention on the Rights of the Child

Henry-Lee & Heron 8

5 Core Principles

1. Universality

2. Non-discrimination

3. Best interests of the child

4. Participation and the views of the

child

5. The indivisible right to life, survival,

development

Henry-Lee & Heron 9

Other relevant international

instruments

Additional protocols to CRC: sale/prostitution/pornography, child soldiers

CEDAW

ILO conventions- #138 and 182

UN Standard Minimum Rules for the Administration of Justice (Beijing Rules)

UN Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines)

UN Rules for the Protection of Juveniles deprived of their Liberty

Convention on persons living with disabilities

Henry-Lee & Heron 10

Latin America and Caribbean Biennial

Meetings

Ministerial Meetings on Children and Social

Policy in the Americas

1992 Mexico Declaration of Tlatelolco

1994 Columbia Narino Agreement

1996 Chile Santiago Accord

1998 Peru Lima Accord

2000 Jamaica Kingston Consensus


Millennium Development Goals and

Declaration- by 2015

Goal 1: Eradicate Extreme Hunger and Poverty

Goal 2: Achieve Universal Primary Education

Goal 3: Promote Gender Equality and Empower Women

Goal 4: Reduce Child Mortality

Goal 5: Improve Maternal Health

Goal 6: Combat HIV/AIDS, Malaria and other diseases

Goal 7: Ensure Environmental Sustainability

Goal 8: Develop a Global Partnership for Development

http://www.unmillenniumproject.org/goals/goals02.htm









RESPONSE OF CARIBBEAN

SUB-REGION

CARICOM meetings

1996 Belize

(Ministers resp. for

Children)

Belize Commitment to

Action for the Rights of

the Child

1997 Jamaica

(Ministers resp. for

Children)

Kingston Accord

1997 Jamaica

(Heads of Govts.)

Above two proposals

ratified


Belize Commitment to Action for Child Rights

Identified three priority areas for Caribbean action:

1. Budgeting for an Enabling Environment

Social investment in accordance with 20/20 formula; fiscal/economic measures to aim at poverty reduction.

2. Legal Reform and Law Enforcement

Harmonize national laws with human rights conventions and strengthen capacity to enforce laws. Establish office of ombudsman or equivalent for children. Appropriate sentencing and rehab for child offenders.

3. Family Development and Empowerment

Govts along with NGOs and communities to address needs of children and families.


Belize Commitment to Action for Child Rights

A Children’s Resolution was also included reflecting the position of fifty-two (52) children who attended the Children’s Forum of the Caribbean Conference on the Rights of the Child.

- Contained 14 points identifying the responsibilities of Govts., parents, teachers and children in relation to education, crime, abuse etc.


Kingston Accord

Endorsed Belize Commitment and specified priority actions requiring immediate attention:

Secure political, administrative and public consensus to shift the development agenda from welfare to social development orientation, putting children first as an investment in breaking the inter-generational cycle of poverty.

Have holistic approach giving primacy to integration of service delivery to children and families.

Institute participatory mechanisms involving public sector and civil society, but also children themselves in decision making, implementation and evaluation.

Promote equity in resource allocation so the needs of poor children and families are addressed.


FOCUS ON EARLY CHILDHOOD

Meetings and

Outputs

1997 Barbados

(2nd Car.

Conf. on

ECE)

Caribbean Action Plan for

Early Childhood

Education, Care and

Development, 1995-2002

2000 Jamaica

(3rd Car.

Conf. on

ECE)

Reaffirmed Action Plan

with renewed targets


Caribbean Action Plan for Early Childhood

Education, Care and Development

To be adapted to individual country priorities,

and fully implemented within 6 years (1997-

2002). Provides policy framework for developing

comprehensive and co-ordinated early childhood

services from birth. Focuses on development of:

1. Service delivery – access, quality and coverage

particularly for disadvantaged;

2. Policy standards and legislation;

3. Management/admin. strengthening;


Caribbean Action Plan for Early Childhood

Education, Care and Development

4. Communication, advocacy and social mobilization – increase awareness and encourage appropriate parental care;

5. Training – improve capacity of ECD workers to deliver services;

6. Materials development – standards, range and quality of provisions;

7. Integrated provisions – between all agencies, ministries etc. involved in service at EC level;

8. Financing – adequate;

9. Research and monitoring.


NATIONAL FRAMEWORK IN JAMAICA

POLICIES AND PLANS

1995 – National Plan of Action: Goals for Jamaican Children to the Year 2000 endorsed by Cabinet. Went further than the CRC by directing attention to the status of women in recognition of the importance of their role in child development.

1997 – National Policy on Children tabled in Parliament. Focuses on three main areas: survival and protection; development; and participation. Guided by the International and regional agreements as well as Jamaican Constitution and existing legislation.


NATIONAL POLICY AND PLAN OF ACTION FOR

CHILDREN IN JAMAICA

1. Expressed government’s commitment to ensure that the welfare and development of children were afforded high priority.

2. Translated into efforts to ensure adequate budgetary allocations to relevant areas, while rationalizing scarce resources

3. Sought to reduce duplication of effort through provisions for inter-sectoral collaboration.

4. Used by Sector agencies as well as NGO community to inform programming and to access resources from funding agencies e.g. UNICEF, Save the Children etc.



Other Policies and Plans affecting Children

National Youth Policy (1997, rev. 2003)

National Policy for Persons with Disabilities (2005)

National Strategic Plan for HIV/AIDS/STI (2002-2006)

National Plan of Action for Orphans and Children affected by HIV/AIDS

National Plan of Action on Child Justice (2006)

National Plan of Action for an Integrated Response to Children and Violence (draft 2006)



LEGISLATION

Legislative review resulted in:

1. 2004 - Child Care and Protection Act –comprehensive law embracing all aspects of child rights enacted after a decade of drafting, consultation and discussions.

Also additional pieces of legislation:

2. 2003 – Early Childhood Commission Act – setting up the Commission as an advisory body to ensure strengthening of Early Childhood Development Programmes. The ECC saw to -

3. 2005 – Early Childhood Act – for the management and monitoring of early childhood institutions. Accompanied by Standards for the Operation of ECIs.


CHILD CARE AND PROTECTION ACT

Certain critical features:

Enables the country to fulfill obligations under the CRC

Mandatory reporting of child abuse

Stiffer punishment for child abuse

Provides for Registry of Child Abuse to maintain central database for reported cases of abuse

Provides for Office of Children’s Advocate to act in legal matters on behalf of children


Key Provisions of the Child Care

and Protection Act 2004

Definition of a child

Best Interest of the child

Care and protection

Children in conflict with

the law

Children in care

Mandatory

reporting/prescribed

persons

Court proceedings

Rights of children in care

Child labour

Child exploitation

Duty to secure education

Licensing of Child Care Facilities

Child trafficking



INSTITUTIONAL

1998 – Office of the Special Envoy for Children was established; this was subsequently closed

2003 – Early Childhood Commission established to strengthen early childhood development.

2004 – Child Development Agency established as an Executive Agency to streamline child welfare service delivery; consolidated three former institutions.

2006 – Office of the Children’s Advocate established.



Other Institutions for Children within the

Govt.

- Early Childhood Unit within the Ministry

of Education

- Child Guidance Clinic within the Ministry

of Health dealing with mental health


NATIONAL FRAMEWORK IN JAMAICAADDENDUM

Overall Institutional Framework (reproduced from “Strategic/Operational Review – National Early Childhood Programme”)

The institutional arrangements for implementation involve government ministries and agencies, the private sector, non-governmental organizations in actions directed towards achievement of its goals.

The Human Resources Council (HRC): A sub-committee of Cabinet responsible for social and sustainable human development planning, including that of children, in the areas of policy, legislative and institutional matters;

The Office of the Prime Minister (OPM): Responsible for providing Cabinet and the Prime Minister, through its Policy Development Unit, with policy advice and support to line ministries in collaboration with the PIOJ.

The Child Development Agency (CDA): Executive Agency, with responsibility for management of children’s services in Jamaica, and administration of the Child Care and Protection Act.



The Planning Institute of Jamaica (PIOJ): Responsible for economic and social programming and technical and advisory support for programmes affecting children and women and coordination of bilateral and multilateral programmes contributing to the rights of children.

The Ministry of Education, Youth and Culture (MOEYC): Responsible for the provision of quality education at the Early Childhood and Primary education levels and focuses on youth development (out of school youth) within the National Centre for Youth Development (NCYD), including the development and articulation of a National Youth Policy.

The Ministry of Health (MOH): Involved with three aspects of the WFFC goals – healthy schools, HIV/AIDS and the right to a high level of nutritional and health status.

The Ministry of National Security (MNS): Addresses crimes and acts of violence committed by adolescents or committed against adolescents and administers a unit dealing with rape.



The Ministry of Justice (MOJ): legislative provisions relating to protecting the rights of the child, legislation and regulations affecting children in especially difficult circumstances, as well as important institutions affecting children in the Family Courts, the Juvenile and Corrections system.

The Ministry of Labour and Social Security (MLSS): Protection of children against oppressive child labour laws, supports the MOEYC in ensuring that children are granted the full rights to an education and the acquisition of skills by attending school regularly and that specific laws, in keeping with international conventions, exist to protect them against trafficking and sexual exploitation and pornography through the ILO Secretariat located at the MLSS and administers the Programme of Advancement through Health and Education (PATH).

The Bureau of Women’s Affairs (BWA): Along with other NGOs, provides advocacy and “watchdog” functions in relation to children and families and implements programmes and services to protect children against sexual arrestment, domestic violence, incest and other forms of child abuse.



The Jamaica Coalition of the Rights of the Child (JCRC): A coalition of 18 NGOs and 3 individual members engaged in advocacy and lobbying for protection of the rights of the child by ensuring that local legislation relating to International Conventions and declarations are increasingly modified and new legislation introduced in ensuring that the rights of the Jamaican child meets international standards and all laws affecting children are incorporated in relevant plans and programmes.

Other NGOs: NGOs, CBOs, faith-based organizations, private sector groups, philanthropic organizations and individuals, parent-teachers’ organizations, citizen associations have been active in advocacy for the advancement of child rights and in the provision of critical services including remedial training and vocational training for children at risk, the disabled, health services, residential and institutional care, and direct services to children.


Planning for Children

Planning for children must be undertaken within a framework of identified national priorities as expressed in various Policy Documents, and , must be influenced by international commitments such as the Millennium Development Goals and the Convention on the Rights of the Child, including GC7.

It means taking into consideration the rights of the child, to survival, protection, development and participation while at the same time ensuring that the best interests of the child are upheld.


Why strategic planning (SP)?

We need SP using a rights-based approach

because the current situation of children is dim.

SP allows us to design programmes & policies

that ensures that rights are adhered to and to

facilitate our children becoming productive

adults.

– Strategic means focusing on specific problems that

need to be addressed.


What is Strategic Planning?

Strategic Planning is a medium to long term framework for facilitating human development. This entails focusing on the specific problems; and creating a vision, mission (statement) and a set of strategic objectives. This is then followed by a Plan of Action, Implementation Strategy, Monitoring and Evaluation, Cost-Analysis; and Budget Support. Some include advocacy and communication strategies.


Elements of Strategic Planning

Lead Organization: Who has the overall responsibility

for guiding the strategy?

Stakeholders: Have other major groups been identified

(e.g. MDAs, CSOs, IDPs in labour, education, health,

culture, the environment, business, other?

Coordinating Committee: For a multi-sector

strategy, is there a committee mandated to review all

aspects of a provincial strategy for the issue? For an

internal strategy (e.g. government of major corporate

strategies) is there an advisory committee of key

stakeholders?


Planning Phase cont’d

Policy & Planning Coherence: Is there coherence and coordination in the planning process? Has there been previous work done in the sector? Does it complement the strategic planning process? Are we building from the base up or are we repeating what was done before?

Background Research: Is there adequate and readily-available information on the situation of children e.g.: levels of education, literacy, health condition, murder rate among children, child abuse, child neglect, unregistered births, children in conflict with the law, children in care of the state?


Planning phase continued

Consultation: Are there adequate opportunities for

broad consultation?

Goal: Is there a long range vision and/or a goal that

has been adopted by all stakeholders?

Target: Are there measurable interim targets that

can be used as an indicator of the strategy's

success?

Suitability/ Applicability: Do best practices from

other countries provide suitability? Are some targets

not culturally applicable?


Implementation

Responsible organization(s): Has an implementing agency been identified? Is there multi-sectoral involvement at the implementing level? Is implementation supported by an adequate budget?

Legislation: Is there legislation that addresses the issue and provides a clear mandate for addressing the issue?

Regulations: Are there government regulations in support of the legislation which prescribe how the desired result is to be achieved?


Implementation cont’d

Standards: Are there standards that address ecological quality, performance requirements, and/or training procedures?

Self-Regulation: Are there any policies or procedures that allow for self-regulation?

Policies: Are there policies that explain how child-related goals and standards will be met? For instance, health care, education, infrastructure for children with disabilities, parent training; family services, etc.


Implementation continued

Enforcement: How are the laws, regulations, standards, and policies enforced? This requires special attention in the Caribbean, b/c while laws exist, cultural barriers impede enforcement hence the need to improve RBA.

Essential Services: Are there essential services that need to be delivered by government, or where government needs to accept overall responsibility? Are there other institutions that deliver essential services? Is there a relationship with civil society? E.g. NGOs, faith-based organizations, women’s organizations, children’s organizations, men’s organizations etc.

Economic Instruments: Is the right economic message being given by full-cost accounting, subsidies, incentives, and taxes?

Voluntary Action / Stewardship: Are there any government, corporate, or non-governmental stewardship programmes in place?


Implementation cont’d

Child-specific Design: Are there any significant advances in child rights and child protection (0-8 yrs) that would improve the design ?

Research and Development: Are there programmes to support research into new technologies and techniques that will help meet the goal? Are there gaps in the sector that need research to improve planning? Does the current data adequately inform the sector?

Support Programmes: Are there any other sector programmes that will help individuals, organizations, agencies, to meet (or preferably exceed) the current targets, standards, or best management practices?


Implementation cont’dPartnerships: Are there any synergistic partnerships between government, non-government organizations and/or businesses that take advantage of the unique skills each partner has to offer?

Assessment and Conflict Resolution: Are there mechanisms to identify and reduce barriers and developments that may negate the progress made through the strategy?


Monitoring and Review

Reporting: Is there regular reporting

mechanism, including: evaluations, biannual

reports, donor reviews, stakeholder reviews, etc.

Who monitors? A single organizational entity or a multi-

agency committee?

Public Review: Is there a regular opportunity for

public review of the progress made with respect

to resolving the issue and for improving the

current strategy?


Discussion Question

What are some the barriers to successful

strategic planning?

What are some of the current opportunities

that facilitate successful strategic

planning?

(e.g. political, financial, social, cultural)


Overall Context for Development

Policy and Planning in JamaicaMedium Term Socioeconomic Framework – provides guidelines for policy development and general development priorities. Macroeconomic concerns are given primacy over social policy concerns.

Macroeconomic Policy environment is hierarchical, pre-set programmatic designs, IDP-led, prioritized in implementation.

Social Policy environment is engaging and consultative with various forms of social partnership, e.g. stakeholder participation, consultative programmatic designs, best practices modeling, multi-sectoral management and policy formation, e.g. MDAs, CSOs, IDPs.

– Competes with macroeconomic policy framework for prioritization and implementation.

There is an artificial separation between both sectors with limited policy dialogue between actors in the macroeconomic framework and the social policy framework.


Development Policy and Planning

in Jamaica – weaknesses

Policies, programmes and plans go through several bureaucratic procedures that may take very long and may affect the beneficiaries.

Some may be collapsed or discontinued because of political tribalism or turfism

Subordination to the macroeconomic framework inhibits the social policy implementation, which includes planning for children.

Some policies maybe externally driven or reactive.


Development policy and planning –

weaknesses cont’d

Policies and planning does not guarantee

implementation.

Implementation requires political will that may

not necessarily be there.

Policy framework is not holistic

Inadequate coherence between international

commitments and local legislative frameworks.

[a very good commitment to signing/ratifying int’l

commitments but slow to implement an RBA]


Development policy and planning in

Jamaica – Strengths

Efforts are made to ensure that policy is

informed by research findings.

Efforts at policy & planning, coordination - e.g.

The CDA, the OCA and the SICI.

The existence of the CCPA – this is the first act

that strongly reflects international instruments.

A core of rights advocates among policy makers

Evidence of a progressive realization of rights in

policy development


Possibilities

Rights-based strategic planning that includes children– Leaves no room for subjectivity such as turfism or

tribalism

– Implies a transformative approach to development process and policy change that is easier said or written rather than done.

Paradigmatic shift to balance the macroeconomic framework with social policy framework

Political will to create/facilitate paradigmatic shift


Workshop Group ExerciseBased on the presentations and the copy of the

CRC and GC7, discuss the issues of rights that children 0-8 years face in:

The home

The school

The church

The streets and the wider community

What recommendations would you put forward for a positive agenda for early childhood?


The presentation should include:

Identification of rights that are being

violated (provision, protection &

participation)

Recommendations must be based on

some elements of strategic planning

The focus of the presentation must be on

children 0 to 8 years (see GC7).


References

Edwin Jones & Eris Schoburg, “Deconstructing the Policy Framework in a Caribbean Context”, SES, Vol. 4, 2006.

Aldrie Henry-Lee, “Investing in our Children”, Presentation to SALISES Graduate Programme, UWI, 2006.

Taitu Heron, “Gender & Culture Issues in Jamaica’s Development Policy Framework”, Unpublished conference paper, May 2007.

Pauline Knight, “Social Investment in Children: International, Regional and National Framework for Jamaica” Presentation to SALISES Graduate Programme, UWI, 2006.

National Framework of Action for Children (unpublished draft) (CDA, PIOJ, OCA, UNICEF), 2006.

The Report of the Caribbean Conference on the Rights of the Child; UNICEF, CARICOM, Government of Belize, 1996

Maureen Samms-Vaughn, “The Jamaican Pre-School Child: The Status of Early childhood Development in Jamaica” (PIOJ) 2004.


The end…and Thank you !!

Child rights and strategic planning in Jamaica

Government & Nonprofit

Transcript of Child rights and strategic planning in Jamaica