Promoting child rights in Kenya - Pelastakaa Lapset ry

The meeting agreed that the Draft Convention was comprehensive in terms of addressing therights of children globally. However, it was felt that it did not adequately address the uniquesituation of majority of the children in Africa. Following are some of the challenges faced bychildren in Africa which the meeting discussed: lack of education opportunities for majority of the children; large numbers of children who are forced to work in order to help their parents with moneyand food; high levels of prevailing poverty as well as poor and unsanitary living conditions whichthreaten survival of the children; lack of access to quality health care facilities; the impact caused by perennial disasters such as famine, floods and conflicts on children; large numbers of displaced and refugee children due to conflict; harmful cultural practices such as early marriage and female genital mutilation; lack of meaningful participation of local communities in planning and managing basicprogrammes for children; discrimination based on religion, ethnicity, race, gender, disability etc; and children whose mothers are in prison; among others.Participants at the meeting also noted that the Draft Convention: lacked clarity on the definition of a child as it made provision for attainment of adulthoodearlier depending on the particular laws applicable to the child; did not address the duties and responsibilities of children towards their parents,communities and the state, a departure from traditional African culture; did not address the role of relatives in adoption and fostering and in general care andprotection of children.In view of these concerns the meeting recommended that a working group comprised of specialistsin different disciplines and based in Africa be formed to work under the guidance of theOrganisation of African Unity (OAU), ANPPCAN, UNICEF and other interested organizations. Themandate of the working group was to prepare a Draft Charter on the Rights and Welfare ofChildren for consideration by African governments. In addition to addressing the issues that hadbeen singled out by the meeting the proposed Charter was to complement the Draft UNConvention as well as facilitate its ratification and implementation among African countries once itwas adopted. It was also agreed that both the Draft Convention and the Draft Charter, onceadopted would be applicable in Africa and none would be treated as being superior to the other.A legal team with expertise in treaty drafting was selected to draft the Charter. It sent the draft tothe Secretary General of the OAU who then presented it to the Council of Ministers and Heads ofState and Government Summit in Addis Ababa in July, 1990. 30 The Charter was adopted and cameinto force on 29 November, 1999 when the required 15 states parties had ratified it. Kenya ratified iton 25 July, 2000 31 and is mandated to report to the African Committee of Experts on the Rightsand Welfare of the Child (ACERWC) on progress made with regard to its implementation two years30Two Kenyan lawyers were members of the legal drafting team.31The first Chairperson of the African Committee of Experts on the Rights and Welfare of the Child was Kenyan (Lady Justice JoyceAluoch) and she worked with stakeholders in the children sector to lobby the government to ratify the Charter.28