Historically, I think it would be very difficult to say that traditional Africa
respected children's rights.
But I think, while saying this, we also need to acknowledge the fact that a number
of practices within the African continent.
Actually indicate that women and children were actually given a lot of values.
You might find some practicing some traditions where,
even during times of war, children and women are to be unharmed.
So even though that the notion of children's rights is a relative feat
recent import.
I think there are a lot of areas where the African continent as a continent but
also national state or respective counties can actually be proud of.
Now, in terms of a regional instruments, the African charter or
the rights and welfare of the child faces its background from 1979.
In 1979, the Dale organization of African community decided to come up
with a declaration on the rights and welfare of the child.
It's not able that 1979 was also the year that the convention on the rise of
the child was actually proposed by the government of Poland.
So, the build up towards the African child and the rights and welfare of child,
traces it's background from 1979 when this declaration was made In 1990.
1989, 1990 a drafting of the African charter on the rise where the child took
place and in 1990, immediately after one year.
The adoption of the commission rights of the child,
the African charter on the rise where in the child was adopted.
At that point, from 1990 onwards it took 9 years for
the African Charter on the Rights and Welfare of the child to come into effect.
But I think it's also important to recognize that even before it came into
effect, a number of African countries were taking account of that instrument.
To actually overhaul all legislation, most of it was inherited from the colonial era.
So, in terms of harmonization of children slows in Africa, the process for
harmonization has started much earlier before
the African child on the rights with the child was adopted.
But, it's gained a lot of momentum after the adoption of the Convention Rights of
the Child and
the adoption of the African Child on the Rights and Welfare of the child.
Currently, a lot of African countries have adopted
new laws pertain to children's rights.
Some are called Children's Acts, Children's Proclamation,
Children's Status.
And one of the peculiar things that actually come in and noted from most of
these instruments, is that they combine provision post from the convention.
And the rest of the child pro, so the African Charter on the rights and
worth for the child.
And many countries In fact, more than 35 to 40 countries have overhauled their main
legislation that pertains to children's rights in their respective jurisdictions.
One particular element that is also noted is that why most of this countries
actually under take the harmonization of their laws, fighting to children's rights.
Different countries have taken different route,
sometimes it's half come up with a comprehensive children's act of statute.
That covers protection well being are also civic,
are also criminal justice and juvenile justice issues.
Other countries have gone in a direction where the main children's statute actually
covers issues of custody protection so forth.
And coming up is an additional statute or
law that actually covers the juvenile justice issues.
An example of the latter could be South Africa that has the Children Act 38 of
2005 covering many issues pertaining to children's side.
But also the child justice act that came into force in 2010,
covering issues pertaining to the administration of juvenile justice.
Now there are a number of challenge that children's rights in Africa currently face
and some of them have been there for a long period of time.
Maybe the most important one is the issue of poverty,
child poverty is very and poverty is a cycle.
If the grandfather or grandparents were living under poverty,
the parents will probably under poverty and the children will continue that cycle.
And of course in the majority of instances their way to break this
cycle is through education and a number of African county's have recognize.
And increasing and continue to recognize the role that free and compulsory and
primary education continues to play.
Secondly, the challenge that are post by traditions, customs and
religious practices, that go against the provisions of the African charter
still continue to post a lot of challenge.
Issues of issues of child marriage, or a number of other harmful practices
that are prevalent in a number of African countries continue to pose actually for
the realization of these rights.
Certainly, the development of institutions that aren't properly given the mandate,
that actually have sufficient resources, both human and financial resources.
And that actually our cost cutting and
properly coordinated continues to be a big challenge.
For instance, in a number of African countries where
juvenile courts are established in the majority of instances
these courts only exist in the capital city or in some of the major cities.
They don't have a national coverage, so in this regard accessibility for
the purpose of the [INAUDIBLE] of juvenile justice becomes a very big challenge.
In terms of rolling out birth registration, it is extremely important
that the institutions that are involved in the registration of birth are actually
prepared with resources financially but also in terms of human resources.
They need to be able to go at the lowest level, be it district, local level in
order to ensure that every child is registered immediately after birth.
So the effort of African governments to establish,
designate, and to reinforce the various institutions.
National human rights institutions, statistics institutions,
ministries dealing with children's rights, ministries of education,
ministries of health, and the kind of training.
In capacity building, the prices that are working with and for children in these
various institutions is one of the biggest challenge that we face as we move forward.
But I don't only want to talk about the challenge that we face,
I also have to say a few words about the opportunities that currently exist.
For instance, a number of countries' economies are growing significantly.
Fort instance, Ethiopia has been registering economic growth in the range
of of 9% to 12% in the last 5 years and this is not peculiar to Ethiopia.
A number of African countries have registered a number of significant
economic growth in the last five years.
So the opportunity to translate some of these financial resources and
economic to something positive to the live
reality of children on the ground is actually extremely huge.
And a number of African countries and a number of political leadership is
completely aware of this opportunities and is trying to tap in to them.
The other opportunity that currently exist actually comes up
with the sustainable development goals.
A number of African countries have taken a lot of advantage in terms of
the The Millennium Development Goals that have had to promote children's rights.
And there is still a lot of hope in terms of how the forthcoming sustainable
development goals will have to push the boundaries for
the realization of children's rights in Africa.
And sadly, a number of African countries still realize the role that
traditional leaders, religious leaders and
customary leaders actually play for the realization of children's rights.
In this regard, it is becoming increasingly important to involve
traditional leaders and religious leaders and even priests,
imams to talk about children's' rights in their sermons.
To denounce some of the harmful practices that actually go against
children's' rights.
And by making sure that this important opinion leaders, and
these not only particular to one region in Africa, it is true for
all corners of the African Continent.
By bringing them on board for the realization and promotion of children's
rights, quite a number of significant progress is being made.
Roberta RuggieroDr
Philip D. JafféProfessor
Jean ZermattenDr. h. c.
