EALA adopts Report on Child Rights, wants them fully protected
The EAC needs as a matter of priority to embrace a regional approach to combat child-related criminal acts, the Assembly has recommended.
At the same time, regional legislators want EAC Partner States to strive for uniformity in the delivery and management of child-related services. They further recommend a regional approach that shall also comprise uniform standards on location of facilities, juvenile courts within local jurisdiction, their numbers and standards as well as guidelines on management and funding.
This morning, EALA passed a report of the Committee on General Purpose (GPC) on the legal framework and implementation of policies on the rights of children. The report was a result of oversight activities undertaken by the Committee in the Partner States on 22nd-26th February 2015.
The objective of the oversight activity was to assess the legal framework and implementation of policies related to rights of the child as well as to update on the challenges faced. The Committee report recommends the fast tracking of cases of violence against children by specialised and specific institutions that handle such matters within the framework of the law.
In undertaking the Oversight activity, the Committee interacted with actors in the area of protection of the rights of the child including concerned Government officials from the respective Ministries, Non-Governmental Organisations, Civil Society, representatives of National Commissions among others.
The report presented to the House by the Chair of the GPC, Hon. Dr Odette Nyiramilimo further implores the EAC to establish a regional fund and sustainable financing for child-related issues of protection, prevention and management.
The institutional basis of such a fund would be coordinated at the regional level by the EAC and any children’s Committees, as the case may be. Such is notwithstanding the other sources of financing at national level, Hon. Dr Nyiramilimo told an attentive House.
“The Committee is of the view that children and youth are without doubt a very important part of the Community and have to be protected as the future depends on the quality of care, education as well as values inculcated into them”, the report says in part.
It cites some of the forms of child abuse as violence against children, denial of rights to play and corporal punishment and other forms of punishments. Other challenges that children carry to school include diminishing job opportunities, drug abuse, sexual abuse and Female Genital Mutilation (FGM).
EAC Partner States have put in place policies that protect child rights but that they face various challenges in the implementation. In Burundi, for example, the Committee observes that Burundi has ratified most of the international legal instruments relating to rights of the child – but there is need to harmonise and align the same to the national principles and legislations.
In Kenya, the Committee observes that FGM continues to be a major challenge terming the act detrimental and causing medical and psychological repercussions and calls for an immediate end to the practice.
In Rwanda, the Committee finds that a large number of children are orphaned as a result of the Genocide against the Tutsi in 1994 and as a result of the HIV and AIDS pandemic.
In Uganda, the report cites the lack of enforcement of existing legislation and notes that only few Family and Children’s Courts were operational and with irregular Sittings. On its part, in Tanzania, the report cites inconsistencies between the Law on Marriage and that of Child.
Contributing to the debate on the floor of the House, Hon. Martin Ngoga said it was important for the Partner States individually and collectively, as EAC, to look into the legal machinery to deal firmly with the challenges facing children.
Hon. Dora Byamukama lamented that there were many cases of child defilement and FGM and that legislation should be enforced. The Member said human trafficking was as a result of poverty and said at an appropriate time a Bill on Human Trafficking would be tabled in the House.
Hon. Joseph Kiangoi said children were entitled to both parents to foster their upbringing. He further termed the abuse of drugs as deterring rights of children and said there was need to stiffen the penalties. The legislator also called for stronger laws to protect and streamline adoption and said the continued influx of foreigners going for adoption of children from the region was worrying. “Where are they taking our children?”, he poised.
Hon. Adam Kimbisa decried culture and customs, legal framework and economic situation as challenging to the debate. “Customarily, our girls still go through FGM even though such practices are clearly outdated. We must enhance education and sensitisation to address the issues squarely”, Hon. Kimbisa said.
Hon. Hafsa Mossi called for enactment of a regional law to put in place a holistic approach to the issues facing children.
“Poverty is a main factor. The entire region has street children and we must address and find solutions to the same. It is important for Governments to provide assistance to children who are abused”, Hon. Mossi said, adding that affected families at times lacked finances to institute legal measures.
The legislator said that ICTs had contributed to exposure of pornography and violence amongst others and called on Communication regulators to look into the matters urgently.
Hon. Christophe Bazivamo termed the children as the future of the Community and called for prioritising of children rights as a national obligation.
He said there was need for adequate budgeting to be allocated to children issues. The legislator decried malnutrition as a major problem and called for serious measures to be taken so that they develop and are able to benefit from education and other social rights.
Hon. Abubakar Zein called on Members themselves to be change agents and to engage other stakeholders including National Assemblies.
Others who rose in support of the report were Hon. Bernard Mulengani, Hon. Susan Nakawuki, Hon. Valerie Nyirahabineza, Hon. Peter Mathuki, Hon. Straton Ndikuryayo, Hon. Ussi Maryam and Hon. Mumbi Ngaru.