Plan to organize "street children" or illegal detention and child abuse
The plan to organize street children, which has been carried out many times over the past two decades by the Welfare Organization in cooperation with other institutions, including municipalities and governorates, has been accompanied by illegal detention, violence, and placing children in inappropriate conditions in care centers. The implementation of this plan with its current characteristics, in addition to contradicting the government's obligations as a signatory to the Convention on the Rights of the Child, has imposed additional psychological and social harm on these children and has in practice pushed them towards underground and hidden jobs with the possibility of further abuse and harm.
During the new round of collecting working children from the city of Tehran, which began on June 12, 2019, 270 working children were collected from the streets of Tehran. Since its first implementation in 2002, the implementation of this plan has always been accompanied by criticism and opposition from child rights activists, who have considered it “inefficient, costly, and ineffective.” Dariush Bayatnejad, Director General of Welfare of Tehran Province, announced on July 16, 2019 that the latest round of implementation of the plan has been stopped due to the capacity of temporary child care centers being full, but he announced that its implementation will continue as soon as a suitable location is available. The plan to organize working and street children was first implemented in 2002 by the Social Affairs Department of the Ministry of Interior and has been implemented about thirty times so far. However, statistics indicate an increase in the number of working children in the country, which reveals the failure of this plan.
Instead of a social and supportive view of child labor and planning to eliminate the roots and factors of child labor, the organizational plan has taken a security and criminal approach to the issue and has focused on removing children from the streets and expelling non-Iranian children from the country. The Tehran Municipality has also adopted a dual policy, on the one hand cooperating with the Welfare Department in collecting and caring for street children, and on the other hand, taking no action against the exploitation of these children in waste separation by its contractors.
A lawyer and children's rights activist told the Human Rights Campaign in Iran, requesting anonymity, in this regard: "The government should permanently halt the implementation of this plan and, in consultation with child rights experts, prepare and implement an appropriate plan to address the roots of child labor, including poverty and ignorance of families and the demand for child labor, and ensure that in any plan and program in this regard, ensuring the interests of the child is a priority. The parliament and the Guardian Council should also prioritize the passage of the law on the protection of children from violence and ensure that the law will create effective mechanisms to protect these children."
Illegal detention of children on the street
The relevant authorities, following the “Regulations for the Organization of Street Children,” use the term “recruitment of street children.” According to the head of the Social Work Association, “the role of social workers is to identify children and recruit them, not collect them. Recruiting means voluntary presence and introducing the capacities of working children.”
But what is happening in practice is the forcible transfer of children to welfare residential centers. A review of interviews conducted by the media inside Iran with children who have been detained under this plan shows that the plan's implementation officers have forcibly and against the will of these children, or by resorting to deception, loaded them into special vehicles for the implementation of the plan and transferred them to designated centers.
For example, an Afghan boy named Moin, who was cleaning car windows on the street, told an Etemad reporter about the day he was arrested: “They said, ‘Let’s go to the welfare center.’ I shouted and said, ‘I’m not coming,’ but two people grabbed my hand and took me away. I didn’t want to come, and I don’t want to be here now.’” Another child described his arrest to an ISNA reporter as follows: “One day, when I was at the store, two people came and said they wanted to give me new clothes. I told my employer and I went to the car, but they grabbed my hand and wouldn’t let go. It was six o’clock when they arrested me, and they brought me to this center at nine o’clock.”
From a legal perspective, such an action is an example of arbitrary and unlawful detention. Because according to the law, deprivation of liberty of individuals, including children, is possible only by order of legal authorities and on charges of committing a crime, and only by persons who are judicial officers. Any deprivation of liberty that occurs without observing these conditions is considered unlawful and arbitrary detention. However, there is no law under which a child under the age of 18 who is present on the street to work is a criminal and can be arrested. This year, the identification and recruitment of children on the street has been entrusted to the “Avaye Baran” assistance clinic. Therefore, a non-governmental organization has in fact taken action to detain children throughout the city of Tehran, which is not legal at all.
The document of the welfare department and other institutions involved in this project is the regulation for organizing street children approved in 2005, which foresees the possibility of their residence in welfare centers after identifying and attracting street children. However, the regulation in question defines the process of attracting children as follows: “The strengthened communication between the social worker and the street child that involves gaining trust and acceptance of the communication from the street child. This activity is carried out with the aim of informing the street child of the resources and services that can be made available to him.”
Therefore, firstly, the project implementation officers must be trained and qualified social workers. No information is available on how the project implementers, who this time were assigned to the Avay Baran support clinic, were selected, and it is not clear how their performance is monitored. Secondly, the main goal is to inform the child about the available facilities and resources and to gain his trust, and this regulation does not allow the use of force or the transfer of the child against his will.
What is intended in this plan is to create a gradual relationship based on interaction and trust between a social worker and a child worker present on the street, which may eventually lead to the child agreeing to stay in one of these centers after providing information about the facilities available in the welfare centers. While according to existing reports, the plan that has been implemented in the streets of Tehran in recent years, including June and July 2019, bears no resemblance to the plan envisaged in the regulations. In this regard, one of the workers at the Avae Baran Clinic, who is responsible for collecting these children, told Khabar Online: “Since the plan began on June 12, children have been running away as soon as they see us, and we have to hide and ambush them in order to catch them.”
Also, separating a child from the family environment is only possible with a judicial order, and if there are definite reasons that the child is exposed to abuse and violence, he or she can be separated from the family permanently or temporarily and transferred to government centers. However, this action must be taken after examining the conditions of the child's presence in the family and informing the family of the child's transfer. The place chosen to keep the child must be suitable for living conditions and it must be ensured that no violence, whether physical, sexual, verbal or psychological, is applied to the child during the process of transferring and keeping him or her.
Hamid Farahani, a child rights activist and sociologist, while calling such plans propaganda, told Khabar Online that "this plan has very bad effects on these children. This is officially detaining children and taking them hostage. I am very sorry that a welfare clinic has taken on the responsibility of arresting children and I ask people to stop this plan by demanding it."
Violent and criminal treatment of detained children
After being transferred to temporary centers, the officers proceed to determine and register the children's identities and file a case for them, assigning each one a specific code. The reason for registering the children's identities and coding is to be aware of their records if they return to the streets, which in fact means creating a case and, in a way, creating a criminal record. This action also clearly reflects the criminal view of child laborers on the streets.
In the next stage, the children are examined and medically tested. While this also requires the consent and knowledge of the child's family, it is not clear how the children are treated during these examinations and tests. It is also not clear what information is collected and under what conditions it is protected, to which institutions it is made available, and how it is used.
Reports from one of three street children's shelters in Tehran show that children live in prison-like conditions, under severe violence and restrictions. An ISNA reporter who visited the Yaser Center for Boys between the ages of 12 and 18 reported that 150 children live in the center, which has a capacity of 35 children, and even to visit another floor of the center or its courtyard, they need permission from the administrators and a special lock to be opened. Children's exit from these centers is subject to the parents' visit and the submission of a commitment, and until then, the children are even denied visits from their families.
One of the children at the Yaser Center told an ISNA reporter, describing the conditions in the center: "We don't even have enough space to sleep here. At night, they give each of us one pillow, and we sleep from corner to corner in the corridors and rooms." The report also mentions punishment and violence against children, as the child interviewed shows the reporter a man who "forces the children to stay behind a short wall that apparently separates the kitchen from the rest of the corridor and not move as punishment." The reporter added, "In the direction I look, the man's finger is raised as a sign of threat to one of the children in the center, and now he is pointing it at him."
In addition, the implementers of the street children organization project, with a security perspective, have prevented the presence of NGOs active in the field of children's rights in the centers for the care of these children. According to Fatemeh Ashrafi, CEO of the Association for the Support of Refugee Women and Children (Hami), which is the only non-governmental organization participating in the implementation of this project, following tensions with the officials of the Yaser Children's Center due to the lack of appropriate treatment of the children under the project, the employees of this association have also been denied permission to enter and communicate with the children.
Double violation of the rights of non-Iranian children
According to Masoudi Farid, deputy director of social affairs at the Welfare Organization, 53 percent of the non-Iranian children arrested during the new round of the child labor program lack identity papers. Reports indicate that non-Iranian children who entered the country illegally and lack identity papers are separated from other children during the “program” program and are expelled from the country, or so-called “removal,” by the Ministry of Interior’s Department of Foreign Nationals and Immigrants. On July 14, 2019, Mohammad Rahim Fazelinejad, director of the Welfare Organization of Tehran Province, told Khabar Online: “Out of the 250 children who were collected during the program, over 210 are children without immigrant permits. 50 of these children who are immigrants and without permits are scheduled to be deported by the end of this week.”
The mass deportation of children based on identity documents violates the state’s international obligations and constitutes violence and abuse against children. In such circumstances, all necessary measures must be taken to ensure that the child is not separated from his or her family as much as possible. If the child’s family is in Iran, the child must be returned to his or her family and, if the authorities decide to do so, must be required to leave the country with dignity and with his or her family. In the case of children whose family is not present in Iran, the child’s deportation from the country must also be carried out in the company of a trusted person and protective measures must be taken to ensure that the child is not subjected to violence or abuse in any way during the process of leaving the country.
Hadi Shariati, vice president of the Association for the Protection of Children's Rights, said in this regard: "The fundamental problem is that decision-making institutions classify child laborers based on whether they are Iranian or non-Iranian. Meanwhile, they adopt more aggressive policies towards migrant children. This issue is completely contrary to Article 2 of the Convention on the Rights of the Child, which refers to the principle of non-discrimination. Incidentally, according to the Convention on the Rights of the Child and humanitarian documents, migrants and refugees, whether adults or children, need more attention and support."
Although Shokrolah Hassanbeigi, the deputy political and social director of the Tehran governor's office, denied the news of the deportation of Afghan children without identity documents, according to Hadi Shariati, vice president of the Association for the Protection of Children's Rights, "This is not the first time that migrant child laborers have been deported. This so-called solution has happened many times before, and I can honestly say that not only has it not had the desired results, but due to the form and method of deportation, most of them suffer serious harm and after a while return to Iran due to the insecure conditions in their country." The Human Rights Campaign in Iran has not been able to obtain more information about the deportation of children from the country in recent days.
Tackling child labor instead of eradicating child labor
An examination of the implementation of the regulatory plan shows that instead of identifying and eliminating the factors that cause families to force their children to work, the authorities are simply trying to combat the presence of child laborers on the streets. Therefore, the plan being implemented is not aimed at combating child labor, but at combating a limited group of child laborers who are working on the streets. Hadi Shariati, Vice President of the Association for the Protection of Children's Rights, said in a roundtable discussion held on this topic: "We believe that what needs to be combated is child labor, not child labor. Police and judicial measures will not bring any positive results. We recommend that you fight the conditions that create child labor. We must deal with the paralyzed economy and the market that devours and exploits cheap labor. We must educate a society that turns a blind eye to the rights of workers, immigrants, and marginalized people. In the field of social welfare for low-income groups, it had larger plans and instead of driving experts away, it used their knowledge to increase the solution to this harm. If we had put the budget and energy that had been spent on the organized plan for the past few years into strengthening social welfare, support systems such as insurance, etc., these discussions would undoubtedly be raised differently today. If you are familiar with the life of child laborers, you certainly know that they are constantly victimized in this society and by implementing this plan, we are imposing additional fear and terror on them.
Family poverty is one of the main roots of child labor, and therefore, no plan to combat child labor can achieve lasting success without planning to eradicate poverty in their families. Arash Nasr-Esfahani, head of the Tehran Municipality's Social and Cultural Studies Office, also pointed out the ineffectiveness of plans implemented to reduce social problems, including the situation of working and street children, and said: "The type of solution and understanding of the problem is wrong, and we made a mistake in confronting these phenomena." He pointed out the need to amend laws to protect children and added: "The issue of child labor must be solved fundamentally and with respect to the family and its environmental conditions, and only erasing children from the public space should not be considered."
Nasr Esfahani stated that the solution to the problems of child labor is being handled in a forced manner and the causes are not being addressed. He added: "In various divisions to organize this issue, children are returned to Afghanistan based on their place of residence, for example, and such policies consider the solution to be the removal of child laborers from city spaces."
The need to change the waste collection and separation system is another way to combat child labor, because many of these children are recruited into the waste separation network, and if contractors responsible for waste collection, separation, and disposal refuse to employ children, one of the most dangerous and harmful jobs will be effectively closed to children.
Hassan Gholami, a representative of the municipality, responded to criticism from child rights activists regarding the employment of children by municipal contractors in waste centers and the deplorable condition of these centers, stating: "According to the contracts concluded with them, contractors do not have the right to use people under the age of 18, and if they do so, it is a violation and will be prosecuted."
Lack of coordination and planning among the responsible agencies is another factor in the failure of measures taken to combat child labor. Payam Roshanfek, a sociologist and researcher in the field of children, said during the Tehran City for All Children meeting held on the occasion of the World Day Against Child Labor: “Experiences of countries around the world show that solving the harm of child labor in our country is also possible, but it requires a coalition between the government, the Islamic Consultative Assembly, the private sector, universities, etc.” He added: “Currently, more than ever, we need commitment in this field, and instead of eliminating the agenda, we need to provide a solution. We have not had a coherent plan, regardless of our capacity and facilities, we have turned around and have not reached any results.”
The tendency of children to engage in hidden work, which increases the likelihood of harm and abuse, is one of the negative consequences of violent treatment of child laborers. Hadi Shariati, vice president of the Association for the Protection of Children's Rights, told Salamat News: "Policies of threats and intimidation fuel social harm. When the street space becomes unsafe for children in any way, the child is forced to engage in hidden work to provide for their livelihood and economic needs. Child laborers in underground workshops remain hidden from the eyes of all citizens, and civil society organizations also face a serious challenge in accessing these children. If a child working underground is abused, no one will be informed, and in fact, their relationship with support systems is reduced or severed."
Seyyed Hassan Mousavi Chelak, the head of the Iranian Social Work Association, also confirmed this problem and said: "If we simply collect children from the streets, eventually the work of children will go underground and they will be transferred to underground workshops and areas of child trafficking to neighboring countries, etc. This is while the streets are even safer than many underground workshops, because there is at least public supervision on the streets."
Denial and justification, reaction of those responsible for implementing the plan
With these relevant officials, instead of investigating violations of the rights of child laborers during the implementation of the reorganization plan and trying to correct its shortcomings, they deny such cases. Among them, Habibollah Masoudifarid, Deputy Director of Social Affairs of the Welfare Organization, said in response to news about violent treatment and forced transfer of children to welfare centers: "In any case, we should have more supervision, but when I spoke to a few of these children, they said that they brought us here with complete consent and even gave us cakes."
Regarding the overcrowding of children in care centers, he said: "It is not at all the case that we are overcrowding; I visited these centers and they were not overcrowding at all. Besides, is it good for these children to be on the streets? They are taken care of and fed properly. But on the streets, their self-esteem is trampled. In any case, we believe that the reorganization plan should be implemented and all agencies should cooperate. We are also against any kind of violence against children."
Mahshid Moqar, deputy director of social affairs at the Tehran Provincial Welfare Department, also said: "No type of conflict, injury, or death has occurred in child labor centers, and the allegations of these cases are rumors."
Actions taken by child rights activists to counter the plan to organize street children
The publication of reports on the methods of arresting and keeping children within the framework of the reorganization plan has generated widespread protests and criticism among child rights activists. For example, the Association for the Protection of Children's Rights, considering the main responsibility of the Ministry of Cooperatives, Labor and Social Welfare as the upper body of the Welfare Organization, filed a complaint against this ministry with the National Inspection Organization. Also, the Working Children's Aid Network, which was formed with the membership of NGOs active in the field of child protection, has objected to the reorganization plan for working and street children, which is tied to the arrest of children on the streets, in a statement and has called for its implementation to be permanently halted.
In addition, a group of citizens have organized civic activities on this issue by launching the “No to the Plan to Collect Street Child Labor.” This campaign is currently active on social media with more than four thousand citizens, and is publishing relevant news and articles and raising public awareness about the dimensions of the violent treatment of street child labor.
Source: Iran Human Rights Campaign
