Carol Samuels, Contributor
Samuels
The Jamaica Coalition on the Rights of the Child (JCRC) carries a burden of concern about the number of children who are abused and exploited in our country. Recent media stories have brought into sharp focus, the number of children who are victims of the ugliest and most shameful range of abuses perpetuated against them by persons usually known to them. The majority of these abuses takes place in the private spheres of homes and other institutions designed primarily for their protection. Simultaneously, the stories have highlighted the number of adults who currently neglect their responsibilities towards children and the many inadequacies of the social systems and institutions established for their benefit.
The JCRC, with the help of the Environmental Foundation of Jamaica and UNICEF, has been conducting a series of child rights awareness-building workshops with principals, teachers and guidance counsellors in the primary schools around Jamaica over the past three years. The discussions in these workshops focus primarily on building more child-centred, rights-friendly environments for children. However, in the process of conducting these workshops, the JCRC had an opportunity to garner some views, opinions and experiences relating to the treatment of children in Jamaica. This proved to be very enlightening.
Physical abuse was by far the most common form of abuse reported. But causing equal concern, were the many reports of the sexual abuse and exploitation of children inflicted by teachers, family members and other persons within the community. There were also reports of abusers going free or with just "a slap on the hand" by the justice system. Teachers and counsellors spoke of the high levels of frustration that accompanied their efforts to deal with these cases from the very agencies established primarily for that purpose.
Lack of mechanism
For example, they explain that because the Registry of Child Abuse (a new agency, established by Section 5 of the Care and Protection Act, 2004) is not yet in place, reports have to be made to the Child Development Agency (CDA) or the police. One teacher reported that in attempting to report a matter to the CDA, it was the telephone operator who took the call and ultimately made the decision that it was important enough to be passed on for action.
Calls to the Office of the Children's Advocate, which was set up in January of this year, are not yet getting the attention they deserve, as that office still does not have in place the necessary mechanisms and structures to deal adequately with the many issues that require urgent attention.
The issue of sexual abuse is one of those problems that is usually kept hidden in most societies and is only now being brought to light because of a new awareness on child rights internationally, which implores us to listen to our children and to take their reports and testimonies more seriously. The Convention on the Rights of the Child (Article 19) states that "the Government should take appropriate legislative, administrative, social and educational measures to protect children from all forms of abuse, neglect, violence, injury, maltreatment and exploitation - including sexual exploitation - while in the care of parents, legal guardians or any other person who has the care of the child."
The recent story of the 13-year-old girl and the church deacon relates the chilling ordeal of being raped in the presence of an individual whose responsibility it was to guide and protect her. Despite the tremendous outcry, there were many whose first reaction reeked with suspicion while there were others who generalised about "young girls in today's Jamaica". Many asked then: Why didn't she report it? Too often we forget the pain, frustration, confusion as well as the range of emotions that bombard our children when caught in such situations. The situation is compounded by the fact that children fear the repercussions from the persons they may share their ordeal with and this includes parents, teachers, guidance counsellors and those placed in society to help in such situations. This most recent situation is a loud and painful plea for help and mirrors the many stories we have heard in recent times. Our children need to be protected, but how do we protect them from the very persons who are supposed to be caring, nurturing and protecting them?
A challenge to parents
Parents are first in line to protect their children and promote their rights. Listen to your children. Be in touch with what is happening in their lives. Build a relationship with your children and learn to trust them. They are intelligent human beings and more vulnerable than they realise. Create opportunities for them to discuss troubling issues. Yes! Children have problems too. On many occasions the signs are there but we are just too busy to take notice. Monitor the institutions to which you entrust your children. Why does it always have to take some kind of crisis to get any kind of reasonable response? In most homes today, both parents must work to make ends meet. It, however, does not negate the fact that you must ensure that your children are safe and enjoy a good quality of life. It is your God-given responsibility.
A challenge to institutions
Outside of the home, schools and churches are highly placed among those institutions which drive the development of society and as a consequence, have a direct responsibility to protect our children. The current assessment, however, tells another story, as many of the atrocities against our children are taking place within these very institutions. In addition, when these situations occur, it is the reputation of the institutions that usually takes precedence over the welfare of the children. What about our children's homes? Are our places of safety really safe? How are individuals selected for employment in these institutions? We pause here to commend the recent improvements in the monitoring of these institutions, but are the findings of these reports leading to prompt and decisive actions for the benefit of the children?
Governments must lead. If an important piece of legislation like the Child Care and Protection Act is passed with the primary purpose of protecting our children, then it must have in place the necessary elements to make it work effectively from the very outset. How can something so important be implemented in such an ad hoc and piecemeal manner?
The provisions of the act are clear in relation to the duty to report abuse and the consequences of a failure to meet this duty. It requires "prescribed persons" (health professionals, guidance counsellors, teachers, day care workers, social workers) and others who, in the discharge of their duties, acquire information that may lead them to suspect that a child has been or may in the future be abandoned, neglected, physically or sexually ill-treated or is otherwise in need of care and protection, to promptly make a report to the registry.
Outside of "prescribed persons" the act also places a duty on "any person" who has information, which causes the person to suspect that a child was, is or may in the future be abandoned, neglected, physically or sexually ill-treated or is otherwise in need of care and protection, to report these situations to the registry. In addition, it outlines serious penalties for persons who fail to make a report. For example, Section 6 (4) of the act makes it an offence if a "prescribed person" fails to make a report, which carries a maximum penalty on a summary conviction in a Resident Magistrate's Court of $500,000 or six months in prison or both fine and imprisonment.
Establishing the registry
The act is clear that reports are to be made to the registry. But what good is all this if the registry to which persons are to report is not yet in place, as required by the law? We are aware that steps are being taken to establish the registry but the process is far too protracted. As a result, children cannot benefit from the protection now in place by a piece of legislation, which took close to 10 years to move from planning and consultations to its enactment more than two years ago.
We challenge the Government to make the protection of our children a priority by ensuring that the act is not a document only, but means something because it can be enforced at all levels for the benefit of our children. Allocate the necessary resources to effectively establish and maintain the important agencies provided by the law for the additional protection of our children. It is all well and good to encourage persons to not keep quiet about what they know and come forward to report the information so that appropriate action can be taken. But for this to happen, the reporting mechanisms must be established promptly, adequately equipped and accompanied by relevant public education that will ensure that children are indeed the beneficiaries of these efforts.
We cannot continue to ignore our children's call for help. If we truly love our children, then that love must be translated into actions that make them feel safe and protected wherever they are. We must respond promptly and decisively to the issues that affect them, first, by moving away from the social practices that accept the abuse of children as part and parcel of their development - some of which is inflicted under the guise of discipline and, by extension, love. We must also begin to accept our children as valuable assets, knowing that their positive growth and development not only safeguards their own well-being, but is the best guarantee we have for building a stable future for our country.
Carol V. Samuels is executive director of the Jamaica Coalition on the Rights of the Child. Email: rights@cwjamaica.com.
