Presented by Enakshi Ganguly Thukral, Co-Director, HAQ: Centre for Child Rights

1. Conference on Budget Decisions and Economic and Social Rights November 14-15, 2009 Queen’s University, Belfast, Ireland Presented by Enakshi Ganguly Thukral, Co-Director, HAQ: Centre for Child Rights

2. HAQ: Centre for Child Rights works through: Children and Governance Budget Tracking of Government Expenditure & Executive Decisions (Budget for Children) Performance Monitoring – Status of India’s Children Reports Monitoring & Analyzing Parliament Questions (Says a Child…) Child Protection Legal Support to Children Counselling Support to Children Monitoring Judicial Process Training and Capacity Building for police, judicial officers & NGOs Monitoring State Accountability

3. Child Rights Impose Three Distinct Obligations on Governments: The Obligations to Respect, Protect and Fulfill those Rights The obligation to fulfill rights necessitates that governments fulfill the rights of children, through the implementation of legislative, administrative, budgetary, judicial and other measures. Through HAQ’s other work we look at the others

4. While holding state accountable is a distinctive, complex and central feature of human rights, there is very little work in this regard on children HAQ’s work on Budget for Children (BfC) must be understood in this context of the obligation of the States to fulfill rights through the provision of adequate and appropriate financial resources. It is a tool for monitoring state performance in order to hold it accountable

5. This Presentation looks at • Budget for Children (BfC): analysis- history, method and process • Using BfC and other tool: completing the circle of advocacy- policy change- implementation-impact-advocacy • Challenges before us

6. There are Several Reasons Why the Budget should give Priority Attention to Children • The well being of the society depends on the investment in its human resource development, particularly development of children and the youth • India continues to rank poorly on several key counts. Children continue to suffer from poor nutrition, inadequate health services, and still don’t have access to clean water, sanitation and basic education • Most importantly- National Commitments (Constitution, Laws and Policies) and International Commitments (UN Conventions, Concluding Observations and General Comments) • Political Commitments Must Translate Into Financial Commitments- But does it?

7. “State parties shall undertake such measures to the maximum extent of available resources and where needed the framework of international cooperation” -Article 4, UN Convention on the Rights of the Child “Implementation of the human rights of children must not be seen as a charitable process, bestowing favours on children…The implementation duties of article 4 and other provisions of the Convention demand rigorous monitoring of the effects of such changes and adjustment of policies to protect children’s economic, social and cultural rights.” - General Comment no.5 on general measures of implementation for the Convention on the Rights of the Child (2003)

8. Question before us?In the wider context of poverty, disease-prevalence, malnutrition, high mortality, world’s highest child labour and sexual abuse cases, and the increase in the number of children coming into conflict with law, can the neglect of children’s rights – in financial terms – be justified?

9. What is Budget for Children (BfC)? Budget for children is not a separate budget. It is an attempt to disaggregate from all allocations made, those made specifically for children.

10. WHO IS A CHILD? ALL PERSONS UPTO THE AGE OF EIGHTEEN YEARS

11. A Little History… • HAQ is not a organisation that focuses only on budget analysis. It works on CHILD RIGHTS and uses Budget analysis to monitor state performance • HAQ started budget analysis in 2001 with a decadal analysis 1990-2000 a period of economic change and structural adjustment. Since then it has continued doing so… • HAQ complements its BfC work with other tools that measure state performance and with policy analysis and advocacy • HAQ believes that it is both Economic Social and Cultural Rights as well as Civil and Political Rights that need to be monitored such as Juvenile Justice

12. BfC At Two Levels:Union and State • Analysis at both levels is necessary to comprehensively gauge the Governments’ commitment to Child Rights • Policy making, planning and allocation of funds – at both levels • Flow of Funds – From Union to State • Tracking the budget flow—how and where does it go?

13. Questions Before Us What were the resources being invested by the government for children? What proportion of the allocation was actually spent? How did it match the outcomes in terms of indicators for children? More importantly, are the resources being allocated and spent “adequate”? What is the Performance of programmes at the implementation level vis-a-vis allocation? For HAQ, budget analysis fitted perfectly into the work of watching over and monitoring state performance in all matters pertaining to the realisation of Child Rights.

14. Challenges before us at that time • Developing a methodology • Gaining acceptance for the concept • Using the findings

15. Budget for Children A Study by HAQ: Centre For Child Rights • First phase: HAQ’s work on the Budget for Children (BfC) established the need for such analysis and set the initial direction for developing a methodology to do this more effectively

16. Since 2002… • Began BfC in the States- 6 states now • Union Budget through out….

17. For Our Analysis, We Refer To…. Government’s budget documents (Finance Bill as well as Detailed Demands for Grants) Other govt documents Reports of the Comptroller and Auditor General Appropriation Accounts (Report of the Accountant General) AND Performance Budget of Departments and Ministries Annual Reports Economic Survey Parliamentary Standing Committee Reports Reports and studies that reflect on the implementation of schemes and programmes and situation of children

18. Share of Children in the Budget: A Quick Peek Of every Rs.100 allocated to the Union Budget, an average of Rs. 4.45 has been allocated to children during 2004-05 to 2008-09. Of every Rs.100 within the budget for children, Rs. 49.05 has been provided for education, Rs. 17.14 for health, Rs. 16.54 for development and 1.08 paise for protection.

19. What is Allocated and What is Finally Spent on Children? • The difference in the budget estimates (BE) and revised estimates RE) shows how the budget undergoes a change in the middle of the financial year • The actual expenditure (AE) is the reflection of the implementation of any programme as envisaged in the beginning of the year • On an average, 2.74 percent allocations remained unutilised… Governments almost always report only on allocations

20. Share of Children in Different Sectors in the Union Budget Health and Protection have the lowest allocation and also show under-spending

21. Advocating for BfC - At the National Level • Presentation and discussions with the government since 2001. (First recognition was MWCD’s chapter in its Annual Report in 2003 (since then almost every year) • To file a Petition with the National Commission for Women to argue forinclusion of 0-6 in Right to Education Amendment • Developing a Children’s Manifesto • File legal petitions • Questions in Parliament and Legislative Assemblies • Strengthening arguments of various campaigns • Arguing for better allocations for Protection Sector

22. Some Success: Government of India has adopted Child Budget as its mandate • On October 26, 2005 in a meeting of State Secretaries organised by the Ministry of Women and Child Development, the government promised that it would henceforth undertake Child Budgeting • Inclusion in various other important policy documents

23. But final recognition only when Finance Minister Finally Accepts BfC “We will score another 'first' this year. A statement on child related schemes is included in the budget documents and Honourable Members will be happy to note that the total expenditure on these schemes is of the order of Rs. 33,434 crore.” - P. Chidambaram, Budget 2008-2009

24. Finally a separate statement in the Expenditure Budget “Recognising that children under 18 constitute a significant percentage of the Indian population, the Government is committed to their welfare and development. This statement reflects budget provisions of schemes that are meant substantially for the welfare of children. These provisions indicate educational outlays, provisions for the girl child, health, provisions for Child protection, etc.” Expenditure Budget. Volume 2

25. State Level • Advocacy with local self governments, panchayats (linking BfC with communities) • Setting up of alliances • Starting a campaign • Linking up with national level campaign on child labour • Tracking the flow

26. Advocacy at International Level • For alternate report to the UNCRC Committee and recommendations in the concluding observations • Submission at the General Day of Discussion on Right to Adequate Resources

27. HAQ Works On… Financial accountability, which is about allocation, disbursement and utilisation of funds (through Budget for Children (BfC) analysis) Performance accountability,which is about demonstrating and accounting for performance through implementation of initiatives in the light of agreed indicators (through Status of Children reports and other research) Political or democratic accountabilityinvolves policy making, political process and elections (through its Parliament Watch and other policy advocacy work) Judicial Accountability involves responsiveness and performance of the judicial process (Through direct legal intervention as well as action research, particularly Juvenile Justice)

28. It is each of them separately and also together (complimenting each other) forms the basis of advocacy…BfC is only one dish in the menu and not the whole meal

29. Case Example: Enhanced Budget for Protection and New Comprehensive Programme • HAQ’s BfC analysis, since its very first time, has been pointing out that child protection was inadequately resourced and received the least allocation. Every BfC document that HAQ put out pointed to this • The 2nd status report highlighted the need for a protective environment and programming and investing on it • The Juvenile Justice work pointed to the urgent need for intervention in protecting children • Concluding observations have made comments on both need for more resources and greater protection Based on HAQ’s status report and BfC –argued This was picked up by the government and the ministry argued for a new and comprehensive scheme –The Integrated Child Protection Scheme that was approved by the Planning Commission

30. “Provision of Child Protection will be a key intervention in the Eleventh Plan. ‘Child Protection’ refers to protection from violence, exploitation, abuse, and neglect. It has also recognized that some children are in ‘especially difficult circumstances’, such as child labour, street children and children under the juvenile justice system, and has made specific programme interventions for them. This recognition is underpinned by the fact that every child has a right to protection, even if he/she is not in difficult circumstances. Thus the Eleventh Plan intervention for Child Protection takes both a preventive and a protective approach. During the Eleventh Plan, the Ministry of WCD will launch an Integrated Child Protection Scheme.”

31. Challenges That Remain • Accessing and Unpacking the Data • Selection of programmes and schemes for children remains a huge challenge, especially when there are several of them that address both women and children • Direct transfer of funds from centre to autonomous bodies—no reflection in state budget documents • Abdication of state responsibility—Privatisation of services • Good things happen when there are good people...and then they sometimes stop.. • Going beyond UNCRC to other treaty bodies

32. States have adopted the rhetoric...this makes our task more difficult • The methodology is still evolving. Hence, even if they draw upon each other, researchers tend to customise the methodology to their needs leading to different results • The most difficult challenge remains the acknowledgment and acceptance of citizenship of children and the relevance of focussing on children in the larger governance and human rights discourse

33. THANK YOU