Promoting child rights in Kenya - Pelastakaa Lapset ry

mobilization of all stakeholders to participate; and collaboration with local and internationalagencies which work in HIV and AIDS control and prevention.4.6 Lessons LearnedCollaboration between the government and CSOs during the enactment and subsequent review ofthe Children Act has resulted in a better law for children. In the initial stages when the parties actedas competitors and antagonized each other the passing of the law was delayed for years to thedetriment of children. Lessons learnt with regard to enactment and implementation of the ChildrenAct and other laws relevant to children include: Participation by CSOs in law review has built their ownership in the process. CSO input in drafting of laws including development of Bills raises the probability of theissues lobbied for being enshrined in law. Lack of coordination among CSOs contributes to delay in enactment and review of laws asthey are not able to lobby effectively. Law making in a charged political climate calls for innovative lobbying and advocacy skillsby CSOs. Effective implementation of laws must be supported by national policies and programmes. Communities need to understand what makes practices retrogressive before they(communities) can become part of the solution. Media plays a big role in creating awareness about laws before, during and afterenactment and can ensure stakeholders are informed adequately.5. Child Rights in Constitution makingIntroductionThe current Constitution of Kenya was promulgated in August, 2010. It provides for a Bill of Rights,defined national values, citizenship, the rule of law, unity, devolution of power, equity and equality,integrity and the principles of people involvement and effective participation. All these provisionshave either a direct or indirect effect on children. The Bill of Rights embraces social, economic andcultural rights of children, youth, persons with disability, marginalized groups and older members ofsociety. The Constitution has also acknowledged the special needs of children; with Article 53articulating the rights of children which are also in line with the provisions of international andregional instruments that Kenya has ratified including the UNCRC and the ACRWC. It is the firsttime that the Constitution in Kenya has provided for the rights of the child.The children sector was actively involved in the process leading to the enactment of theConstitution of Kenya, 2010 through activities carried out by children and different civil societymembers.5.1 Background43