Advocacy dossier UNICEF Chile Constitutional Reform, Comparative case studies, and Youth Participation (short version)

Transcription

1 Theories of Advocacy and Human Development Fall semester 2014/2015 Advocacy dossier UNICEF Chile Constitutional Reform, Comparative case studies, and Youth Participation (short version) Katherine Eshel Lisa Jansen Marianne Samaha Paula Trujillo 1. Constitutional Reform 1.1. Chile s current constitution: limits and opportunities The current constitution was crafted under tight control of the military government, and has been subsequently amended multiple times on an ad hoc basis, as the country transitioned to a representative democratic republic. There is a history of human rights abuses in land conflicts against indigenous groups. 22% of Chile s population is under 15 years old, while the South American average is 27% Chilean constitution currently limited to protecting parents rights over their children, rather than rights of children themselves. Child policy is split between the Ministries of Justice and of Social Development, with insufficient coordination despite the existence of an Intersectoral System of Social Protection in the Ministry of Social Development. Overall, mechanisms lack autonomy and resources Best practices Based on Alejandro Morlachetti s exhaustive 2013 review of constitutional reform in Latin America, seven components should be considered for successful constitutional reform, with relevant case studies in parentheses, and recommendation for Chile for each component: institutionalization (Colombia): empower National Council for children and create councils to operate on regional, provincial and municipal levels, stewardship and coordination (El Salvador): id., decentralization (Brazil): id., Participation: promote parity of government and civil society in Councils at all levels, encourage direct participation of children and youth in local councils in particular,

2 Independent enforcement (Argentina): establish a truly independent public defender to guarantee preeminence of children s rights, following the lead of Argentina, Budget (Venezuela, Dominican Republic, Argentina): specify budet or include provision to guarantee its sufficiency, similar to Argentina s language, Sustainability (Venezuela, Ecuador): create an observatory, evaluation mechanisms and a protocol for reform Constitutional language and norms Constitutions in Latin America widely adopt similar language. Their fulfilment of UNCRC provisions falls under 3 types of constitutional norms: enumerating children s rights and specifying their absolute priority over other rights; affirming rights listed in CRC as complementing rights already granted in the constitution; including a blanket statement that children benefit from particular State protection. 2. Comparative Case Studies 2.1. Brazil: The process of making Child Rights Constitutional 1- Brasilia Meeting of the National Movement of Street Children Participation of 500 child delegates Testimonies and demands of children Huge media coverage 2- Drafts of 2 Constitutional amendments: Gatherings of children in cities Signatures of 1,300,000 children and adolescents & 200,000 adults Voted in Implementing legislation for the Child and Adolescent Statute The Child and Adolescent Rights Forum: jurists, educators, social workers, priests and NGOs Several meetings of children to discuss the project Demonstration of 5,000 children in Brasilia - some invaded the Congress. Widespread campaign: letters to congressmen, exhibition of children s drawings, participation of journalists, artists, TV stars, etcetera. Adoption of the draft statute unanimously

3 Lessons for UNICEF Chile: Participation of the private sector: advertising industry, media organizations, pediatric society, etc.; Information systems which permit communities to follow the effects of their efforts in reaching their goal in order to maintain mobilization of communities; Repetitive demonstrations and gatherings of children all over the country; Petitions signed by children in support of the new legislations; Appointing children delegates on a regional level; Having the children articulate their own concerns and demands directly to the politicians or through the medias; Direct participation of the children in writing the laws through the delegates Colombia: New Law, New Era for Children Changing law process 1989: signing of the Convention of the rights of the child and Beginning of the process for changing the law according the Convention : 3 failed efforts for changing the law due to bureaucratic management. Additionally, the civil society and the organizations weren t coordinated. UNICEF was present on this process giving technical and financial support. 2005: formation of the Alianza por la Niñez Colombiana, a group of national, governmental and non-governmental institutions advocating for the rights of the children with UNICEF participation. They work jointly with a group of parliamentarians in order to present a new project of law. System of of protection of children and adolescents The National System of the Family Wellbeing (Sistema Colombiano de Bienestar Familiar SNBF) is the group of agencies of the three branches (executive, legislative and judicial), the international cooperation and the civil society, which are designed to protect children and adolescents in national, regional and local level. This system was created in 1979 but reinforced and reorganized in 2006 with the new law. Lessons for UNICEF Chile: Advocacy lessons Strengthening the joint work with governmental institutions Coordination among civil society and international organizations Strengthening alliances with parliamentarians interested on the subject Gathering regional inputs

4 Public policy lessons Importance of the existence of a coordination agency for implementing the public policies on childhood and adolescence in the national, the regional and the local level. Strengthening the responsibility of national, regional and local authorities on childhood and adolescent s public policies through the law Iceland: The Young People s Constitution The YPC Project: 1- Education/Information: Short animated films aimed at year olds Worksheets for all stages of education at schools Child-friendly Constitution site: 2- Participation: Meeting of Youth Councils with members of Constitutional Council Motion to expand the clause on Children in the Constitution Suggestions of children through the website Final report to be presented to the Parliament Lessons for UNICEF Chile: Creating municipal youth councils that would represent children throughout the country; Producing child-friendly animated films to explain how the Constitution works; Developing a child-friendly website about the Constitution with a suggestions option through which children can send their input. 3. Youth Participation in Constitutional Reform in Chile 3.1. Challenges in participation of children and adolescents in public policy On the basis of UNICEF reports conducted in Latin America and Chile in particular, we have identified two main challenges for youth participation. 1. Skepticism of adults towards youth participation Recent UNICEF reports state that policymakers may be reluctant of participation of youth in the policymaking process. They do not see the value of youths contributions and/ or perceive it as a threat to their authority. 2. Inclusive participation and proportional representation of diverse categories of children and adolescents.

5 The categories of children and adolescents consist of a wide diversity of individuals. UNICEF however has identified three groups that tend to be underrepresented or excluded from participation, namely girls, indigenous youth and youth with different capabilities How can UNICEF Chile address these challenges? In order to obtain the objective of getting youth involved in the process of constitutional reform, we believe that UNICEF Chile should play a facilitating role and should specifically pay attention to the second challenge. Our proposed action for UNICEF Chile is summarized in the following scheme: Figure 1: Proposed action for UNICEF Chile As an advocate of children s rights, UNICEF Chile should - according to us - reach out to policymakers, youth, and youth organizations to enhance participation Workshops for children and adolescents We have created a workshop to familiarize youth with their rights in an interactive and childfriendly way. The information and opinions gathered from these workshops can be used by UNICEF Chile in their effort to make children participate. The methodology is to be found in the document EL METAPLAN - BROCHURE Follow-ups on the workshops We propose the two follow-ups on the workshops in order to further enhance youth participation in the process of constitutional reform: Using the ideas and opinions of children as input during consultations on constitutional reform (e.g. meetings with the National Council for Children) (indirect participation of youth) Using workshops to inspire and stimulate youth to get involved in children rights advocacy

6 Drawing on the broader UNICEF network of support (civil society, youth organizations, but also through workshops) to recruit youth to become Youth Representatives/ Child Ambassadors; these representatives must be allowed to participate in meetings with UNICEF, the National Council for Children, etcetera (direct participation of youth)