Promoting child rights in Kenya - Pelastakaa Lapset ry

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set up to finish compiling the report. At the time of writing this report the NCCS in partnership withrelevant stakeholders and a consultant were in the process of finalizing the State Party report duein Geneva by 1 st September, 2012. CSOs are scheduled to produce a Supplementary/Complementary Report as was the case in the previous two reporting processes.3.1.5 Reporting on the Optional Protocols to the UNCRCKenya ratified the Optional Protocol on the Involvement of Children in Armed Conflict on 28 thJanuary, 2002, but not yet the Optional Protocol on the Sale of Children, Child Prostitution andChild Pornography. CSOs have lobbied government to ratify the Protocol without much successwith the promise that the ratification would be done as soon as Cabinet approves the same.Neither has the Third Optional Protocol (complaints procedure for children; approved in 2011) beenratified by Kenya yet. Since the Constitution 2010 requires many laws to be reviewed and wideconsultations, ratification processes tend to take more time.The country was due to submit the Initial Report on the Optional Protocol on the Involvement ofChildren in Armed Conflict in 2004. However, this was not done and at the urging of the UNCommittee this report will be submitted together with the 3 rd , 4 th and 5 th UNCRC State Party report.The report on the Optional Protocol was also discussed during the workshop in Mombasa in April,2012. To generate data for the report stakeholder’s forums and consultations were held with keypolicy makers, children, adults and representatives of CSOs and UN agencies.Key issues addressed in the report include the minimum age for direct involvement in hostilities bychildren, recruitment of children in the country’s armed forces and recruitment of children by nonstate actors in armed or militia groups.Challenges The road map for the second reporting process agreed on by the National SteeringCommittee was not followed and this delayed the reporting process by over one year. Thiscompromised the quality of participation by children and adults in some of the regions. The Ministries of Labour and Local Government were notably absent in most regionalconsultation forums yet the two are critical in implementation of policies and laws toaddress this violation of children rights. Government delay in dissemination and follow up of the Concluding Observations on theUNCRC disrupts the reporting process as well as program intervention by both State andNon State Actors. The NGO Child Rights Committee has not played its role effectively to ensure timelydissemination of Concluding Observations as well as the NGO Supplementary Reports tostakeholders.Lessons learned26
Collaboration between State and Non State Actors during the UNCRC reporting processleads to better coordination of activities, improved quality of reports and efficient use ofresources. Having individual organisations use their own funds to support processes in areas wherethey run programs is cost effective and ensures timely delivery of services. For the desired outputs to be achieved and in the best interests of children consultationforums including regional and validation workshops should target children and adultsseparately.Scheduling meetings with children during school holidays enables consultations during atime when children are available without interrupting their school programme.3.2 African Charter on the Rights and Welfare of the ChildThe ACRWC - also referred to as the Children’s Charter - is the main instrument of the Africanhuman rights system for promoting and protecting the rights of children. It is divided into 2 partsand sets out rights and duties of the child within the African social-economic and cultural context.3.2.1 A Historical perspective of the ACRWCThe idea to develop a Charter for children in Africa can be traced a conference on children insituations of armed conflict in Africa that was organized by the African Network for the Preventionand Protection against Child Abuse and Neglect (ANPPCAN) 29 and UNICEF in 1987. It was at thisconference that participants learnt that a Convention on the Rights of the Child was being draftedin Geneva. The conference discussed and agreed that since few African countries had beeninvolved in the process of drafting the Convention a regional meeting be held to discuss the DraftConvention from an African perspective. To this effect a meeting was convened in 1988 byANPPCAN with support from UNICEF.The objectives of the meeting were:- As a continent, to deliberate upon and take a clear position on the Draft Convention withregard to its general application to all children globally and its specific application tochildren in Africa, given the unique factors of the socio-economic, cultural anddevelopment circumstances prevailing in Africa.- Establish how comprehensive the Draft Convention was and if it was necessary tosupplement it with an African Charter.29The African Network for the Prevention and Protection against Child Abuse and Neglect (ANPPCAN) is a Pan - African Networkwith Observer Status with the African Union.27
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Page 62 and 63: Annexe 3:Profile of authorsREV. AMB

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