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We have more than 1.3 million of children aged under 18 in Hong Kong. They occupy over 20% of the total local population. Every day, many children hit the headlines when they were killed, severely injured or seriously abused. Other children are suffering from neglect, psychological harm and witnessing domestic violence with no one known. We, adults, can no longer lie to our conscience that these are individual cases only. Without a representative body to reflect their views, children continue to suffer in silence without being heard or respected.

The joint efforts of society over the years have succeeded to help raise the status of some marginal groups. We are glad to see the birth of Commission on Youth in 1990, Equal Opportunities Commission in 1996, Elderly Commission in 1997 and Women!&s Commission in 2001. If we look at the population that each group occupies, we see youth (aged 15 !V 24) occupies about 13% of the population and elderly (aged 65 or above) occupies about 11%. Children occupy over 20% of the population. Why don!&t they deserve to have a Child Commission? The reasons are simple. They have no votes. They are too young to form a visible group. They are being neglected.

Children need a special mechanism to represent their interests

because:

- Children have no right to vote and cannot use the democratic process to express their views;

- Children have very limited economic and social power;

- Children are particularly vulnerable to manipulation, ill-treatment, abuse or exploitation;

- Children are living in an adult-centred society where they are subject to restrictions, particular rules and regulations in tradition;

- Children are less likely to have access to independent advice and advocacy when their rights have been breached;

- Children are invisible in the government structure and consultation mechanisms;

- Children need special attention and care because of their less mature physical and mental development.

The existing mechanisms failed to put children in focus

When we look at the case for a Child Commission, we need to ponder at a question: "Would the creation of a Child Commission add value to existing mechanisms for the promotion and protection of children!&s rights?" In the first Periodic Report under the UNCRC submitted to the UN Committee on the Rights of the Child this year, the Government expressed that a Child Commission and a Child Policy are unnecessary and undesirable. They claimed the existing bureaux, departments, and numerous advisory committees and working groups involving NGOS are adequate channels of communication.

Under the government structure of HKSAR at present, we have many bureaux that are responsible for children. For example, Home Affairs Bureau is responsible for drafting reports under the UNCRC; Food, Environment and Health Bureau is responsible for medical, health and welfare policies for children and families; Education and Manpower Bureau is responsible for education and career building policies for students and young people; Security Bureau will take care of children under special protection such as refugees, illegal immigrants, new arrivals!K etc. We can say that various needs of children are taken care of by different government bureaux and departments. However, there is no single bureau that can put children in focus and would be able to encourage public authorities to make a theoretical commitment of the UNCRC into a reality by putting children!&s needs at the heart of policy and practice. Without such a move, children!&s rights continue to languish at the bottom of the political agenda. A Child Commission does not aim to replace the existing mechanisms but will have a role in ensuring that they are effective.

An Independent Child Commission

The concept of having a champion for children is not new. In fact, Norway is the first country to have pioneered it in 1981, followed by Sweden in 1993. Since then, other countries followed suit, particularly in Europe, Scandinavia, also Australia, New Zealand, Latin America, and many others. The arrangements in each country vary greatly. Some are independent; others are government agencies; some have specific powers laid down in legislation; others do not. Some include ombudsman/complaints investigation functions; others focus more on a promotional or advisory role. Nevertheless, it is clear that each Child Commission serves the unique needs and rights of children and young people. More important, it underlines the Government!&s commitment to the United Nations Convention on the Rights of the Child (UNCRC) and to making every effort to apply its principles and spirit to all our work with children and young people.

The role and power of a Child Commission for Hong Kong is open for public discussion. What is clear is that children need a strong, influential and independent voice to represent their interests, to promote and protect their rights, and to challenge government and all those responsible for and working with children to do better. They need a spokesperson to promote a child-focused, holistic and coordinated approach, and to act as a watchdog and an engine for change. The Commission should promote the participation of children in society and ensure that they are consulted on matters affecting them. The Commission should also listen to the views of children and try the best to represent them and put forward their views, concerns and interests at the highest level.

Functions of an Independent Child Commission

I. To advocate and influence policies

- Monitor the implementation of the UNCRC and child right situation in Hong Kong;

- Develop plan of actions and fulfillment targets as the direction of improvement to strive towards for the entire society;

- Meet various government bureaux and departments to review existing policies, legislation and procedures and suggest changes;

- Ensure a child impact study is done when policies are changed or new policies introduced;

- Develop a Child Policy to promote a child-focused, holistic and coordinated approach for Hong Kong.

II. To research and analyze

- Set up a Central Data Bank for statistics related to children;

- Conduct research for systematic analysis and evaluation on child right situation of different aspects;

- Develop indicators to measure the improvement of child right situation in Hong Kong.

III. To investigate

- Receive complaints from the general public against the government and other sectors for cases in breach of children!&s rights and conduct investigation on a discretionary basis. The focus will not be on individual cases but of those which have wider policy implications;

- Suggest changes and make recommendations when necessary.

IV. To educate and promote

- Develop guidelines and training materials for child right education for different target groups, eg. young children, teenagers, teachers, parents, child-related professionals;

- Provide training for different target groups;

- Promote children!&s rights through public education programmes and media campaigns.

V. To coordinate, communicate and cooperate

- Coordinate and communicate with various government bureaux, departments, private and voluntary sectors on matters affecting children;

- Communicate and cooperate with local and overseas organizations, professionals to seek better practice and services for children.

VII. To speak for children

- Develop mechanism for consulting and communicating directly with children and organizations working with or on behalf of children;

- Represent children and put forward their views, concerns and interests at the highest level.

Make their Voice Heard!

Since 1994, Hong Kong Government has committed to improve the wellbeing of our children by extending the United Nations Convention on the Rights of the Child to Hong Kong. Ten years have passed, yet we failed to see practical improvement on the rights of children in Hong Kong, and the special status of children remains doubtful in the society. We feel helpless and have no where to turn to when the rights of children are being threatened. The Government has no clear direction, plan of actions or targets on how to improve the wellbeing of our children. We need an independent Child Commission to highlight these problems and seek changes.

The United Nations Committee on the Rights of the Child will listen to the First Periodic Report under the UNCRC of the HKSAR Government later this year. In the report submitted, the Government still considers that a Child Commission and a Child Policy are unnecessary and undesirable. They still claim the existing bureaux, departments, and numerous advisory committees and working groups are adequate channels of communication. Children, supposedly the stakeholders, nevertheless, never took part in the discussion process.

An independent Child Commission and a clear Child Policy are directions for the entire community to strive towards. It is unacceptable, illogical and discriminative to rule out the call of our children, if we allow the establishment of other commissions for women, youth, elderly, disabled persons and minority groups in the society. We always say: "Children are our future pillar." But how can they take the future lead if we fail to give them the best possible start?

A Child Commission is not the answer to all the problems children face but it can be a channel through which the voice of children can be heard more clearly. The Commission marks the point at which we move beyond the traditional, narrow and somewhat paternalistic focus on the welfare of the child to a broader, more rounded appreciation of the importance of children's rights and best interests.

It is time to action. Let's join hands to make our children's voice heard and help those suffering in silence. Make our children feel proud and confident to grow up in a society that treasures them and respects their views.

Date: 15 March 2005

The Hong Kong Committee on Children's Rights

3/F, Western District Community Centre,
36A Western Street, Sai Ying Pun, Hong Kong.
Tel: 2324 9782 Fax: 2324 9804
Email: hkccr@childrenrights.org.hk
Website: http://www.childrenrights.org.hk