Information Note Experts’ Consultation on Laws and Policies on Violence against Children in Africa In collaboration with Plan Norway December 13-14, 2010 Addis Ababa The African Child Policy Forum P.O. Box 1179 Addis Ababa, Ethiopia Tel: 251-11-662-8192/96/97/99 Fax: 251-11-662-8200 Website: www.africanchildforum.org www.africanchild.info Experts’ Consultation on Laws and Policies on Violence against Children in Africa Background Across Africa the protection of children from violence calls for urgent action. Children in Africa are exposed to various forms of physical, sexual and psychological abuse in the home, school and community. Much as children are valued as precious beings both in their own right and as sources of social and economic security, they are also treated with little sensitivity, consideration or respect in their everyday life. This happens either in the name of what tradition dictates or because they are not viewed as whole human beings with all the rights that adults have. There are several underlying reasons why violence remains widely prevalent, largely invisible and socially accepted, but three below are especially important. First, there is insufficient recognition of the serious consequences and unacceptability of violence against children resulting in complacency. This has its genesis in a general acceptance of violence as a form of discipline and in the continued justifications given for traditional practices, harmful though they may be. At the political and policy level, the reticence and complacency of leadership is related in part to insufficient knowledge on the huge nature of the problem and its impact on child survival, development and wellbeing, and ultimately on the establishment of a culture of peace, rights and good governance in Africa. Civil society organisations have not (yet) been able to change public opinion and attitudes towards violence against children. Nor have they been able to penetrate the political and policy level with sufficient argumentation on the detrimental consequences of violence and the legal national, regional and international prohibitions in place to curb and stop its occurrence. Second, inequality between men and women and the overall subordination of women and girls in society at large contributes to the persistent violence. The social belief that women are fundamentally of less value than men results in deeply entrenched gender inequalities and in institutionalised social customs, norms and attitudes. This in turn supports and perpetuates violence against girls. Although civil society organisations are actively engaged in combating gender inequalities and lobbying for gender issues, the fruits of these efforts are still relatively small. A stronger civil society united around cases of gender based violence and harmful traditional practices against girls and women using common evidence based advocacy tools would be fundamental in changing the status quo. Third, violence continues to prevail because of weak legal and policy frameworks and response mechanisms. Despite progress in some countries in enacting national legislation to curb violence, many are yet to put in place national legal frameworks that prohibit or penalise violence. Where laws exist, they suffer from various shortfalls such as: the limited awareness of the laws among duty bearers; the absence of provisions prohibiting specific forms of violence such as corporal punishment; and, the non-prohibition of harmful traditional practices. Although many civil society organisations work on popularising national laws and regional and international legal instruments, the absence of a comprehensive overview of the legal frameworks in African and the status of their implementation in African 2 countries limits many organsiations from making a strong case to outlaw violence. Finally, where good legislation is in place, enforcement remains a key obstacle due to insufficient budget allocation and capacity to ensure implementation. Consequently, The African Child Policy Forum (ACPF) has taken up the theme of Budgeting for Children in its bi-annual African Report on Child Wellbeing as a means of brining out the assisting gaps. The African Union has emphasised the importance of budgeting by making it the theme for the Day of the African Child in 2010. Data and analysis of how countries are allocating resources to prevent violence against children is imperative for civil society to tackle this challenge. The UN Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (‘the African Charter’) expect state parties to undertake legislative and other measures to implement the rights enshrined in the treaties. In Africa, progress and success rates in realising Article 19 (1) and 16 (1) of the CRC and the African Charter that oblige states to provide appropriate legislative, administrative, social and educational measures to protect children from all forms of violence varies from country to country. Countries apply different approaches and processes in amending existing provisions or the introduction of new provisions and harmonisation of the provisions of the national laws in order to eliminate inconsistencies, contradiction or gaps with the international and regional principles. Indeed significant developments have been marked at the national level, in terms of the constitutional recognition of children’s protection rights and the development of national legislations and policies designed to ensure their realisation. Others are pursuing legislative review to achieve full prohibition. Despite this, research by The African Child Policy Forum (ACPF) indicates that gaps and inconsistencies within national laws still persist, indicating the need for adequate legal and policy instruments concurrent with the appropriate provisions at the various levels to ensure that the rights recognised in the CRC and African Charter are respected, protected and fulfilled. The proposed experts’ consultation meeting will offer an opportunity for policy makers, practitioners, civil society, and academics from Burkina Faso, Cameroon, Democratic Republic of Congo, Ethiopia, Kenya, Malawi, Nigeria, Senegal, Uganda and Zambia to reflect and debate on the steps needed to strengthen the national legal and policy instruments concurrent with the appropriate provisions at the various national levels to ensure the realization of the rights recognised in the CRC and the African Charter. This is part of a wider ACPF initiative on the Family and Child programme. The overall goal of the programme is to invest in the family which is at the centre for child protection and wellbeing. In order to achieve this goal, the consultation will be based on two objectives. First, provide up-to-date data and knowledge on the law and policy environment, prevention and response mechanisms and national programmes put in place to end violence against children in Africa. Secondly reach consensus on the way forward for change by proposing a way forward for legislative and policy reform. 3 Objectives to provide latest data and information on laws, policies, implementing and monitoring mechanisms to eliminate all forms of violence in all settings against children selected African countries. to produce a Plan of Action for legislative and policy reform for the protection of children from violence in Africa to be proposed to the African Committee of Experts on the Rights and Welfare of the Child (the Committee)1. to promote further national law and policy reforms by proposing options for establishing adequate legal and policy instruments concurrent with the Convention on the Rights of the Child and African Charter. Outcomes The expected key outcomes include: Increased awareness of and support for laws, policies and institutional reform for the protection of children from violence in Africa A Plan of Action for legislative and policy reform on protection of children from violence in Africa A strengthened constituency to stimulate further national law and policy reforms for the elimination and prevention of violence against children in their settings Renewed governments’ commitment to: i) ensure zero tolerance to violence against children in all settings, ii) strengthen the protection and response mechanisms and iii) provide the appropriate support and assistance to parents Partners and Participants The meeting is being organised by ACPF in partnership with Plan Norway. Participants will include government representatives, policy makers, child rights experts, researchers, and CSOs from ten African countries. Consultative Meeting Programme The programme includes sessions on the following: Message from the Special Representative of the Secretary-General on Violence against Children Violence against Children in Africa: An Overview Positive Initiatives on Full Prohibition of Corporal Punishment Across the Region 1 On the occasion of the 15th Session of the Committee and during a special session on violence against children, the Committee, pledged to lobby for violence against children to be the theme of an AU Heads of State Summit in the year 2012. This experts’ consultative meeting will be an input to putting issues of violence against children on the pan-Africa agenda. 4 Combating Violence against Children in Africa: A summative analysis of the legal and policy strategies in selected African countries Child Protection and Response Mechanisms in Africa Violence against Children with Disabilities Children and Youth Participation Draft Plan of Action for Legislative and Policy Reform on the Protection of Children from all forms of Violence in Africa ACPF’s Publications on Violence against Children to be presented at the Experts’ Consultation 1. A Review of Laws and Policies on Violence against Children in Africa 2. Une Revue des Lois et Politiques sur la Violence Contre les Enfants en Afrique 3. Laws, Policies and Realities for Ending Violence against Children in Ethiopia, Kenya and Uganda 4. Childhood Scars in Africa: A retrospective study on violence against girls in Burkina Faso, Cameroon, Democratic Republic of Congo, Nigeria, and Senegal 5. Breaking the Silence: Violence against Children with Disabilities 6. Briser le Silence: violence contre les enfants en situation de handicap en Afrique 7. Breaking the Silence: Violence against Children with Disabilities An advocacy Report 8. Female Genital Mutilation in Africa: Promising Actions and Persisting Challenges 9. Mutilations Genitales Feminines: Actions prometteuses et defies persistants Launch Ceremony on December 13, 2010 Experts’ Consultation Programme 5 Protection of Children against Violence in Africa December 13-14, 2010 at CCRDA, Addis Ababa, Ethiopia Time Activity Resource Person Day One 8:30 – 9:00 Registration Welcome Note Opening Remarks 9:00 – 10:00 ACPF David Mugawe, Executive Director, ACPF H.E. Wzo. Zenebu Tadesse, Minister of Women, Children, and Youth Affairs, Ethiopia Representative from Plan Norway Keynote Address 10:00 – 10:20 Coffee Break 10:20 – 11:05 Violence against Children in Africa: An Overview 11:05 – 11:15 Documentary: Beating Violence 11:15 – 11:45 Positive Initiatives Across the Region Presentation: Progress towards full prohibition of Corporal Punishment in Africa 11:45 – 12:15 Plenary Discussion 12:15 – 13:00 Presentation: Combating Violence against Children in Africa: A summative analysis of the legal and policy strategies in selected African countries 13:00 – 14:00 Lunch 14:00 – 14:30 Presentation: Child Protection and Response Mechanisms in Africa 14:30 – 15:15 Plenary Discussion The Vulnerable Position of Children with Disabilities 15:15 – 15:30 Presentation: Breaking the Silence: Violence against Children with Disabilities 15:30 – 15:50 Coffee Break Mrs. Agnès Kabore, Chair of ACERWC CRDA Saba Lishan, Programme Officer, ACPF ACPF Sonia Vohito, Programme Officer, ACPF Dr. Benyam Dawit, Vice President of ACERWC Dr. Atangcho Nji Akonumbo, University of Yaoundé II– Cameroon CRDA Dr. Eddy Joshua Walakira, Makerere University Dr. Benyam Dawit, Vice President of ACERWC Bob Ransom, Ethiopian Center for Disability and Development CRDA 6 15:50 – 16:30 Plenary Discussion Dr. Benyam Dawit, Vice President of ACERWC Day Two Children and Youth Participation in Protection 9:00 – 9:15 Documentary: Of Life and Death What Children Say ACPF 9:15 – 9:45 Presentation: Children and Youth Participation 9:45 – 10:05 Message from the Special Representative of the SecretaryGeneral on Violence against Children David Mugawe, Executive Director, ACPF 10:05 – 10:30 10:30 – 10:50 10:30 – 11:00 Plenary Discussion Coffee Break Presentation: Draft Plan of Action for Legislative and Policy Reform on Protection of Children from Violence in Africa Participants CRDA Dr.Eddy Joshua Walakira, Makerere University 11:00 – 11:10 Briefing on the Group Work Session 11:10 – 13:00 Group Work Session 13:00 – 14:00 Lunch 14:00 – 15:30 Plenary Presentation: Working Session Outputs 15:30 - 16:00 Coffee Break 16:00 – 16:30 Closing of the conference Yehualashet Mekonen, Senior Programme Manager, ACPF Dr. Benyam Dawit, Vice President of ACERWC Group Leaders CRDA Group Leaders CRDA H.E. Bience Gawanas, Commissioner for Social Affairs, African Union ACERWC: African Committee of Experts on the Rights and Welfare of the Child Proposed group leaders Dr. Atangcho Dr. Atangcho Nji Dr.Eddy Joshua Walakira Professor Jacquline Oduol Mrs. Grace Tikambenji Mrs. Judith M A Mulenga Contact person Saba Lishan: Programme Officer Email: [email protected] Telephone +251 116 62 81 92/96/97/99 Fax: +251 116 62 82 00 ACPF 7
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