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Child rights and strategic planning in Jamaica
1. 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
2. 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.
3. 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.
4. 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.
5. 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)
6. 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
7. 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
8. 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
9. 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
10. 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
11. Henry-Lee & Heron 11
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
12. Henry-Lee & Heron 12
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
13. Henry-Lee & Heron 13
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.
14. Henry-Lee & Heron 14
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.
15. Henry-Lee & Heron 15
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.
16. Henry-Lee & Heron 16
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
17. Henry-Lee & Heron 17
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;
18. Henry-Lee & Heron 18
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.
19. Henry-Lee & Heron 19
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.
20. Henry-Lee & Heron 20
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.
21. Henry-Lee & Heron 21
NATIONAL FRAMEWORK IN JAMAICA
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)
22. Henry-Lee & Heron 22
NATIONAL FRAMEWORK IN JAMAICA
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.
23. Henry-Lee & Heron 23
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
24. Henry-Lee & Heron 24
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
25. Henry-Lee & Heron 25
NATIONAL FRAMEWORK IN JAMAICA
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.
26. Henry-Lee & Heron 26
NATIONAL FRAMEWORK IN JAMAICA
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
27. Henry-Lee & Heron 27
NATIONAL FRAMEWORK IN JAMAICA
ADDENDUM
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.
28. Henry-Lee & Heron 28
NATIONAL FRAMEWORK IN JAMAICA
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.
29. Henry-Lee & Heron 29
NATIONAL FRAMEWORK IN JAMAICA
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.
30. Henry-Lee & Heron 30
NATIONAL FRAMEWORK IN JAMAICA
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.
31. Henry-Lee & Heron 31
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.
32. Henry-Lee & Heron 32
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.
33. Henry-Lee & Heron 33
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.
34. Henry-Lee & Heron 34
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?
35. Henry-Lee & Heron 35
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?
36. Henry-Lee & Heron 36
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?
37. Henry-Lee & Heron 37
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?
38. Henry-Lee & Heron 38
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.
39. Henry-Lee & Heron 39
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?
40. Henry-Lee & Heron 40
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?
41. Henry-Lee & Heron 41
Implementation cont’d
Partnerships: 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?
42. Henry-Lee & Heron 42
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?
43. Henry-Lee & Heron 43
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)
44. Henry-Lee & Heron 44
Overall Context for Development
Policy and Planning in Jamaica
Medium 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.
45. Henry-Lee & Heron 45
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.
46. Henry-Lee & Heron 46
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]
47. Henry-Lee & Heron 47
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
48. Henry-Lee & Heron 48
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
49. Henry-Lee & Heron 49
Workshop Group Exercise
Based 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?
50. Henry-Lee & Heron 50
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).
51. Henry-Lee & Heron 51
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.