Is the State doing enough for the children?

Yangyel Lhaden

In 2008, the Respect Educate Nurture and Empower Women (RENEW) rescued a child from a troubled home, the first of many to follow, and placed her in an emergency shelter.

Today, at 30, she is an independent woman, working as a caregiver at Gawailing Happy Home, part of RENEW’s mission to support those in need. “Without RENEW and its timely support, I would not be the woman I am today,” she says.

Yet, despite the passage of 16 years since she first received help, the country still grapples with serious challenges in ensuring the well-being of its children. Many services outlined in the Childcare and Protection Act of Bhutan (CCPA) 2011, which was adopted in 2012, four years after her entry into the shelter, are yet to be fully implemented.

Childcare and Protection Act

The CCPA was designed to safeguard children’s rights and establish services for children in difficult circumstances (CIDC) and children in conflict with the law (CICL). The Act aims to align child protection practices with Bhutan’s constitutional principles and its commitments under the United Nations Convention on the Rights of the Child.

However, an assessment conducted from December 2021 to March 2022 highlights critical gaps in implementation. The report reveals that the National Commission for Women and Children (NCWC), although operational, is hindered by limited resources, curtailing its effectiveness.

In Thimphu, the Child Justice Bench exists but lacks specialised judges, relying on interim duty bearers who often lack the requisite expertise in child welfare.

While a multidisciplinary approach is employed for CIDC, qualified child welfare officers are scarce in districts. There is a lack of awareness about child-friendly procedures and inconsistent legal support.

Though awareness programmes are conducted, preventive services are minimal, and rehabilitation initiatives often lack formal certification.

The assessment report states that alternative sentencing measures are rarely utilised, and community involvement in child protection is weak.

The recommendations emphasise the need to allocate more resources to the NCWC, formalise appointments for specialised roles, enhance training for law enforcement, and promote community engagement through family group conferencing, among others.

The assessment of child homes highlights a significant gap in state provision under the CCPA, which mandates the establishment of facilities for CIDC. Currently, the government has not created any child homes. Instead CSOs like Nazhoen Lamtoen and RENEW provide shelter.

The 2017 Guidelines for Accreditation and Management of Shelter Homes set standards for managing these facilities, but they do not mandate the establishment of government-run homes, underscoring the ongoing reliance on CSOs to meet essential child welfare needs.

For vulnerable children

Founded in 2018, Nazhoen Lamtoen’s Children Halfway Home (CHH) is the only specialised shelter dedicated to children in need. It serves as a haven for those without a safe home or supportive community, including those whose parents are unable or unwilling to care for them.

Currently, around 20 children, some as young as two, call this place home. Many come from single-parent households struggling with poverty, or from families where parents are intoxicated or imprisoned.

The home primarily receives child referrals from The Pema Secretariat, RENEW, and community complaints regarding CIDC.

A child is removed from their home when signs of neglect are evident, such as inadequate nutrition, lack of a separate bedroom, unmet educational needs, or any indication of abuse or low social standing.

Nazhoen Lamtoen focuses on providing a safe home for children while equipping their parents with the skills and resources needed to care for them. Its goal is to reintegrate children into their families once the parents are stable.

However, this process is fraught with challenges.

“We use shelter homes as a last resort because there is a high risk of children becoming institutionalised, making reintegration difficult,” official with Nazhoen Lamtoen said.

Although the organisation is mandated to reintegrate children back into their families as soon as possible, the reality is often more complex. Reintegration is based on comprehensive assessments of living conditions, familial support, financial stability, mental health, and access to services.

This is well illustrated by the story of a single mother, a victim of gender-based violence. Despite searching for a job but in vain, she could not provide for her child. After receiving help from Nazhoen Lamtoen, she is now undergoing chef training and living in a hostel while her child remains at the CHH.

“Currently, I have no means to support my child,” she said. “I am working hard to bring my child into a home I would create soon.”

Protecting children during their formative years is one of the preventive measures Nazhoen Lamtoen takes seriously, including working to shield them from abuse and keeping them out of conflict with the law.

Nazhoen Lamtoen has supported 62 CICL and 65 diversion cases, with 99 percent belonging to difficult circumstances.

“Children coming from difficult circumstances and children who have previously come into conflict with the law have similar experiences of impoverished living situations, dysfunctional family dynamics, and vulnerable social standings,” the official said. “Many have histories of abuse and adverse childhood experiences, leading to borderline mental disorders. “

One particular case is that of a 16-year-old boy who came into conflict with the law for stealing to feed himself. The youngest of four, he dropped out of school to help his mother with farming, when his father passed away. He stayed back with his mother when his older siblings married and moved away.

One time, when his mother went to his siblings’ place, he was left alone in the village. There was nothing at home, so he went to a nearby relative’s place, dug up a few potatoes, took some rice and Nu 500. Though he returned the items before the police came, he was sent to the Youth Development Rehabilitation Centre for rehabilitation.

He was also charged for raping a bed-ridden elderly woman, who was alone at the house, when he came to steal at his relative’s place.

“Looking back, I think it was a blessing,” he said. “At YDRC, I could eat on time, wear decent clothes, and get training. Everyone supported me.”

With the help of Nazhoen Lamtoen, he is now an independent 23-year-old with a tailoring job that sustains him. “If there had not been poverty, if I had  come from a good family, I would never have stolen. I was only hungry.”

Nazhoen Lamtoen works to uplift vulnerable children through education, livelihood support, psychological aid, and medical services. It also focuses on family reintegration by providing support to impoverished families through micro-businesses and financial assistance for training fees. For parents struggling with addiction, the organisation funds rehabilitation fees throughout their treatment.

Nazhoen Lamtoen collaborates with the Pema Secretariat, NCWC, and Royal Bhutan Police. Save the Children Bhutan and UNICEF Bhutan fund most of its activities.

Way forward

Last  year, The PEMA Secretariat, founded by Her Majesty in 2022, took over child protection services from the NCWC, including case management and adoption services, implementing the provisions of the Act.

The Response Service Division of the Secretariat provides these services alongside mental health support.

A new initiative, PEMA Home, is set to open next month in Thimphu, providing interim shelter for children in difficult circumstances and those in conflict with the law. This initiative aims to address mental health needs and offer options for alternative care and adoption.

For those in need, the gender-based violence helpline for women and children can be reached at 1098. For additional counseling and mental health services, call 112 or 1010 for telephonic support.

This story is supported by an EU-funded project managed by Save the Children Bhutan in collaboration with Bhutan Transparency Initiative and RENEW, implemented by the Bhutan Media Foundation.

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