Our Life, Our Responsibility KENYA CHILDREN ASSEMBLY Revised 2015 Our life, Our responsibility 2011 Maisha yetu, wajibu wetu TABLE OF CONTENTS TABLE OF CONTENTS ......................................................... 2 ACRONYMS AND DEFINITIONS ......................................... 4 FOREWORD .......................................................................... 5 ACKNOWLEDGEMENT ........................................................ 6 EXECUTIVE SUMMARY .................................................... 7 1.0 INTRODUCTION ............................................................ 9 2.0 ADMINISTRATION OF THE CHILDREN ASSEMBLY 10 2.1 Vision ......................................................................... 10 2.2 Mission ....................................................................... 10 2.3 Core Values ................................................................ 10 2.4 Guiding Principles ...................................................... 10 2.5 Motto .......................................................................... 10 3.0 OBJECTIVES ................................................................. 11 3.1 Main Objectives .......................................................... 11 3.2 Specific Objectives ..................................................... 11 4.0 FUNCTIONS OF CHILDREN ASSEMBLY .................... 11 5.0 ACTIVITIES OF THE CHILDREN ASSEMBLY ............ 12 5.1 Core Area 1: Empowering children with knowledge, skills, values and appropriate attitudes on their rights and responsibilities. ................................................................. 12 5.2 Core Area 2: To involve children in policy formulation, planning, implementation, monitoring and evaluation. ..... 12 5.3 Core Area 3: To provide forums for the promotion of child participation at local, regional and international levels. .......................................................................................... 13 5.4 Core Area 4: Facilitate networking among children and other relevant stakeholders. .............................................. 13 5.5 Core Area 5: To promote patriotism, cohesion and nationhood among Kenyans. ............................................ 13 Our life, Our responsibility 2 Maisha yetu, wajibu wetu 5.6 Core area 6: To improve the status, conditions and wellbeing of children and the realization of their rights in the country. ............................................................................. 14 6.0 STRUCTURE OF THE CHILDREN ASSEMBLY ........... 14 6.1 Children’s Assemblies Administrative Structure ........ 14 6.2 Leadership Structure ................................................... 15 6.2.1 National Children’s Assembly ........................ 15 6.2.2 County Children Assembly ............................. 15 7.0 ROLES OF THE LEADERS............................................ 16 7.1 Roles of a President .................................................... 16 7.2 Roles of a Deputy President........................................ 16 7.3 Roles of a Governor .................................................... 16 7.4 Roles of a Deputy Governor ....................................... 16 7.5 Roles of a Speaker ...................................................... 16 7.6 Roles of the Cabinet.................................................... 16 7.7 Roles of the Clerk ....................................................... 17 7.8 Roles of the members of the assembly........................ 17 8.0 ADDITIONAL RULES OF ENGAGEMENT................... 17 9.0 FINANCING ................................................................... 18 10.0 MONITORING AND EVALUATION .......................... 18 11.0 REPORTING ............................................................... 19 Our life, Our responsibility 3 Maisha yetu, wajibu wetu ACRONYMS AND DEFINITIONS AACs Area Advisory Councils ACRWC Africa Charter on the Rights & Welfare of the Child AIDS Acquired Immune Deficiency Syndrome CDCS County Director Children Services CDF Constituency Development Fund Child Any human being under the age of eighteen (18) years of age DCS Department of Children Services FGM Female Genital Mutilation GV County Government HIV Human Immunodeficiency Virus IEC Information Education and Communication KCA Kenya Children Assembly; An institution where children gather together to participate in decision making, policy formulation, planning and implementation of child related activities and issues affecting them. MLSS&S Ministry of Labour Social Security and Services NCCS National Council for Children’s Services SCCO Sub County Children Officer UNCRC United Nations Conventions on the Rights of Children UNICEF UNITED NATIONS CHILDREN FUND Our life, Our responsibility 4 Maisha yetu, wajibu wetu FOREWORD Child Participation is a process of child development that provides an opportunity for children to be involved in decision making on matters that affect their lives and to express their views in accordance with their evolving activities. Child participation recognizes that children are not passive, powerless target group, but rather capable communicators, who can effectively engage in activities within their communities. In this regards, these Operational guidelines for Children Assembly are a strategy that will enhance the Assembly to reach to all children, even the most marginalized groups of children and involve them in public debates, networking and skills development at local and national levels. The Children Assemblies will provide an enabling environment where children will participate in matters affecting them and will create an avenue which will inform the Government on the critical issues affecting children. It will inform on key issues like Rights of Children, education, health, HIV/AIDS and protection of children from violence, child abuse and exploitation. Successful interpretation and implementation of this Operational Guidelines for Children Assembly is expected to promote Child Participation in Kenya and lead to establishment of a Children Institution that will ensure freedom of expression, democracy and equality for all children. Our life, Our responsibility 5 Maisha yetu, wajibu wetu ACKNOWLEDGEMENT The Ministry of Labour and East African Affairs in collaboration with the National Council for Children Services (NCCS) has developed this Operational Guideline for the Kenya Children’s Assembly. This is a product of broad consultation and collaboration effort that involved the two organizations and other stakeholders at various stages including children. This collection is a result of concerted coordination effort by the Department of Children’s Services and the NCCS who have been able to think through the past, considered the different issues affecting our children so as to map out realistic strategy on Child Participation one of the four pillars of pillars of Child rights and principle promulgated by the UNCRC in article 31, ACRWC, the Children Act 2001 in section 17 and other international and local policy documents. I wish to express our gratitude to all stakeholders who made valuable contribution in the development of this Operational Guidelines. In particular the Child Participation Committee, National Council for Children Services, Department of Children’s Services, Non-Governmental Organizations, Community Based Organizations, individuals, children as well as the support from a number of development agencies. Our special thanks to Development partners for their financial and technical assistance. We appreciate the personal commitment and the focused leadership of the Ministry of Labour Social Security and Services It is in the recognition of your invaluable contributions towards the development of this guideline that I wish to convey our sincere gratitude to all who supported us in this endeavor. Since I cannot exhaust the list of those we owe gratitude, allow me to wholesomely acknowledge heart fully whoever contributed towards the development of this Operational Guidelines for Kenya Children’s Assembly either directly or indirectly. Our life, Our responsibility 6 Maisha yetu, wajibu wetu EXECUTIVE SUMMARY The United Nation On the Rights and of the Child (UNCRC), the African Charter on the Rights and Welfare of the Child ACRWC the Children Act 2001 and the Kenya Constitution (2010) stipulates that children have the right to form and air views, right to expression, right to thought, conscience and religion, right to association amongst others. Participation, along with the right to survival, development and protection make the four principals of the United Nations Convention on the Rights of the Child. Child Participation being one of the four pillars of Child rights and principles enshrined by the United Nation On the Rights and of the Child (UNCRC) in article 31, African Charter on the Rights and Welfare of the Child (ACRWC), The Kenyan Constitution in the chapter on bill of rights also envisages aspects of Child participation in the rights for children .The Children Act 2001 in section 17 and other international and local policy documents. The Department of Children’s Services has taken lead to safeguard the rights and welfare of all children in Kenya through implementation of relevant policies, coordination, supervision and delivery of services. This has lead to the development of this Operational Guideline so as to promote Children’s participation in Kenya. This will ensure that the Department meets its mission of ensuring a society where children become responsible citizens through fulfillment of their prescribed rights and welfare. The Concept of Children Assemblies established through this guidelines aims at inculcating in children principles of child participation. The Ministry in charge of children affairs is obliged by the UNCRC article 44 to report about Kenya’s efforts on matters of children in the implementation of the Convention. The goal of the Children assembly is to create a sustainable mechanism for children to engage in policy dialogue and to influence on issues affecting from the local to the national level. There are two levels of the Children Assemblies at National, and County. The core values and the motto of the Children assemblies are as highlighted in this guideline. This guideline identifies the specific objectives, functions of the Assembly and activities for the Children assemblies. The leadership structure and their roles at the different levels are also highlighted. The sessions and activities of the Assembly will be conducted during school holidays as per the guidelines and the standing orders. The Government will take lead through the ministry in charge of children affairs, in funding the activities of the Assembly. It will also undertake to develop Monitoring Our life, Our responsibility 7 Maisha yetu, wajibu wetu & Evaluation and the reporting system. Donors and other development partners also play a vital role. These guideline has been developed through a consultative process with the involvement of the children. The success of its implementation will depend on the strong will and commitment of all parties for the best interest of the Kenyan Child. These guidelines will be reviewed in future to capture any changes or emerging issues that might arise. Our life, Our responsibility 8 Maisha yetu, wajibu wetu 1.0 INTRODUCTION The United Nation Convention on the Rights of Child (UNCRC) sets out four pillars of Children Rights. These are Survival, Development, and Protection and Participation rights of children. These rights are echoed in the ACRWC, the constitution of Kenya and domesticated through the Children Act 2001. The Pillars briefly elaborated as per the UNCRC guide in child protection programing. Survival (states that every child has the inherent right to life and ensure the maximum extent possible the survival and development of the Child). This addresses the issues of right to be born and be protected in all ways so as to live a healthy life, conformable life; right to highest standard of health, health services and maintenance. Development right deals with access to quality education develop child’s personality and ability; develop the child morally, spiritually and physically while Protection deals with the right to protection from work that is dangerous or prevents a child from attending school or holistic development, protection from all forms of abuse, Child Participation (is a process of child development that provides an opportunity for children to be involved in decision making on matters that affect their lives and to express their views in accordance with their evolving activities. Child participation recognizes that children are not passive, powerless target group, but rather capable communicators, who can effectively engage in activities within their communities. Child Participation as outlined in Articles 12-15 of the UNCRC provides children with the means by which they can engage in those processes of change that will bring about the realization of their rights, and prepare them to be active part in society and change. Kenya promulgated her Constitution in August 2010. Article 53 of the Constitution is in tandem with international children’s rights, the Constitution established internationally acclaimed principles on the rights of children, such as the best interests of the child is paramount in every matter concerning children. This therefore gives opportunity for children to be heard. Kenya Children Assemblies enhance child participation in matters affecting them and act as a medium for children to articulate the various issues, especially in matters concerning education, health, protection from violence, abuse and exploitation and HIV/AIDS. The Assembly will empower children to lead Kenyan effort to promote child participation and to strengthen freedom of expression democracy and equality of all children. These structures will provide appropriate forums to promote association and expression of opinion for all categories of children at all levels, with proper representation by county, age and gender. Our life, Our responsibility 9 Maisha yetu, wajibu wetu 2.0 ADMINISTRATION OF THE CHILDREN ASSEMBLY These guidelines provide information on the administration of the Children Assembly. The assembly shall be called Kenya Children Assembly (KCA). 2.1 Vision A society where children enjoy all their rights and realize their potential to the fullest. 2.2 Mission To provide a protective and enabling environment where children participate in matters affecting them through capacity building, collaboration and advocacy. 2.3 Core Values o o o o o Honest Respectful Responsibility Accountability Commitment 2.4 Guiding Principles o o o o Best interests of the child Child Rights Approach Non discrimination Child friendliness 2.5 Motto Maisha yetu, wajibu wetu Our life, our responsibility Our life, Our responsibility 10 Maisha yetu, wajibu wetu 3.0 OBJECTIVES 3.1 Main Objectives To promote and provide children with the necessary skills to confront structural and social change by stimulating and supporting their creativity and critical thinking/sense so as to enable them to actively participate in the decision process on issues concerning them and their future. To enhance child participation in Kenya by building their capacity and provide appropriate forums skills, stimulating their creativity, strengthening networks and platforms for their roles in decision making on matters affecting their lives. 3.2 Specific Objectives 1. To empower children with knowledge and skills on their rights and responsibilities. 2. To involve children in policy formulation, planning, implementation, and give feedback on issues affecting them. 3. To provide forums for the promotion of child participation at local, regional and international levels. 4. To facilitate networking among children and other relevant stakeholders. 5. To promote patriotism, cohesion and nationhood among Kenyans. 6. To improve the status, conditions and well-being of children and the realization of their rights in the country. 7. To promote the participation of children and their role in promoting a culture of child rights and raising awareness of their importance and in addition following up the implementation of the CRC and CA 8. Create a culture of dialogue among children and between children and adults on matters affecting them 9. To provide the children a more responsible role, for them to participate more actively in the lives of their families, community and society. 4.0 FUNCTIONS OF CHILDREN ASSEMBLY 1. Address issues of Child participation in all situations that affect and shape the well-being of a child. 2. Enhance and strengthen Child participation in the decision making process in Kenya. 3. Enhance cooperation and information sharing by providing platforms for children to share their experiences and learn from one another. 4. Lobby and organizations and duty bearers to support the best interest of the child. 5. Creation of awareness on children rights, responsibilities and related activities. 6. Organize forums for children to engage leaders on national matters that promote integration and national cohesion. 7. Promote mentorship, cultural and environmental activities among children. Our life, Our responsibility 11 Maisha yetu, wajibu wetu NOTE: The Children will meet and develop action plans and their activities will be conducted during school holidays to ensure all children participate. The activities will be child centered and in the best interests of the child. 5.0 ACTIVITIES OF THE CHILDREN ASSEMBLY 5.1 Core Area 1: Empowering children with knowledge, skills, values and appropriate attitudes on their rights and responsibilities. o Sensitization and creation of awareness on child rights, responsibilities and related activities o Training children on effective child participation and build their capacity. o Harnessing and developing talent among the children and seeking legal protection for their patent rights. o Engaging members of the assembly in mobilizing other children on the activities of the Assembly. o Developing and disseminating of Information, Education and Communication (IEC) materials on children’s issues. o Promotion of online child protection through the Communication Authority. o Engaging communication Authority, print and electronic media on child rights with care taken to sieve and filter all negative information and images on internet and other media. o Creating awareness on child protection issues among the communities as a way of advocating against negative practices e.g. F.G.M. o Create awareness on existing legal and policy frameworks, National Institutions, Programmes and Structures for child protection. o Promoting and appreciating cultural diversity, positive beliefs, and practices and respect for others o Formation of Child Protection teams for children at all levels. 5.2 Core Area 2: To involve children in policy formulation, planning, implementation, monitoring and evaluation. o To inform and influence Government policies and programmes that affects their rights. o To inform and influence the development of communication and implementation strategies. o Carry out research on children issues in conjunction with relevant institutions. o Training and writing proposals on issues affecting children to the Government and other stakeholders o Develop a service delivery charter for the Kenya Children Assembly (KCA) o Develop work plans and action plans for the assemblies. o Develop a monitoring an evaluation framework for their activities o Monitor, evaluate and report on their programmes and activities. Our life, Our responsibility 12 Maisha yetu, wajibu wetu 5.3 Core Area 3: To provide forums for the promotion of child participation at local, regional and international levels. o Organizing and participating in the annual children commemorations and periodic children forums. o Initiating debates on various issues affecting children through different channels of communication e.g. Talk shows, print and electronic. o Availing opportunities for children to discuss issues affecting their lives and come up with appropriate interventions. o Promoting advocacy and exchange programmes for children at all levels. o Conducting periodic election of Assembly officials/ representatives. o Promote Coverage and broadcasting of Children’s activities through mass media. o Engaging children in environmental conservation activities. o Compiling and publishing Children newsletters. o Participate in the review of the Kenya Children Assembly Documents and the Child Participation Guidelines. o Participating in the preparation of the National State Party reports, situational analysis and research. o Participate in the planning and mobilizing children to attend children’s forums locally, nationally and internationally. o Lobbying for child friendly policies and programmes. o Participating in drama, essay, competitions, poems, songs, exhibition, sports and games. o Involving KCA children in community social responsibility. 5.4 Core Area 4: Facilitate networking among children and other relevant stakeholders. o Sharing of knowledge and experiences and other emerging issues affecting children arising among children, parents, teachers, partners, communities.. o Networking with different stakeholders Organize exchange programs for children both locally and internationally;-locally the exchange programs will be done at the constituency level, county level, regional level, and national level. Internationally it will be done with countries that already have similar forums/assemblies o The children to be facilitated to create a virtual assembly for on-line consultation;-The Children will design and establish a national website. 5.5 Core Area 5: To promote patriotism, cohesion and nationhood among Kenyans. o Organize peace building forums at all levels. o Develop and disseminate IEC materials and manuals on peace and reconciliation o Train children as ambassadors of peace and reconciliation at different levels. Our life, Our responsibility 13 Maisha yetu, wajibu wetu o Organize activities that promote patriotism such as participation in national days and sporting activities, branding Kenya, competitions, drama, festivals, and music with themes promoting patriotism, children programs on Kenya, tourism, historical sites and cultural centers. o Organize forums for children to engage leaders on national matters that promote integration for national cohesion at different levels at schools, community levels. 5.6 Core area 6: To improve the status, conditions and well-being of children and the realization of their rights in the country. o To promote income generating activities o Providing financial and material support to most vulnerable children in the communities. Promote role modeling and peer counseling among the children. 6.0 STRUCTURE OF THE CHILDREN ASSEMBLY 6.1 Children’s Assemblies Administrative Structure NATIONAL ASSEMBLY COUNTY ASSEMBLY SUB COUNTY ASSEMBLY ASSEMBLY DISTRICT / CONSTITUENCY Our life, Our responsibility 14 Maisha yetu, wajibu wetu 6.2 Leadership Structure 6.2.1 National Children’s Assembly PRESIDENT DEPUTY PRESIDENT NATIONAL SPEAKER CABINET SECRETARIES CLERK COUNTY DELEGATE COUNTY DELEGATE COUNTY DELEGATE 6.2.2 County Children Assembly COUNTY GOVERNOR DEPUTY COUNTY GOVERNOR COUNTY SPEAKER CLERK District / Constituency Delegate District / Constituency Delegate Our life, Our responsibility 15 District / Constituency Delegate Maisha yetu, wajibu wetu 7.0 ROLES OF THE LEADERS 7.1 Roles of a President The President will head the executive arm of children assembly. The roles will be; 1 Submitting Assembly deliberations and other communication to the Director Children’s services 2 Opening Assemblies sessions 3 Chairing cabinet 4 Represent the children in all forums at all levels. 7.2 Roles of a Deputy President The Deputy President will be the principal assistant to the President and will assume Presidential roles as stipulated in this guideline in the absence of the latter or if the position falls vacant. The roles will be; 1. Assist in Presidential roles 2. Chairing cabinet committees 7.3 Roles of a Governor The Governor will head the executive arm of children assembly at the County level. The roles will be: 1. Submitting Assembly deliberations and other communication to the County Director for Children’s Services Opening Assemblies sessions 2. Chairing executive committee meetings. 3. Receiving reports from the committee chairs. 7.4 Roles of a Deputy Governor The Deputy Governor will be the principal assistant to the Governor and will assume Governorship roles as stipulated in this guideline in the absence of the latter or if the position falls vacant. 7.5 Roles of a Speaker Copy from the standing Orders page 6 The Speaker shall be elected by the representatives during the first day of the Assembly meeting after elections. There shall be a Deputy Speaker who will be a County or sub county delegate. The roles of the speaker shall be; 1. Introduce motions before the members 2. Control deliberations during debates 3. Conclude debates 4. Submit to the President/ Governor the assembly deliberations. 5. Any other role assigned by the assembly standing orders Note a speaker will vote in case of a votes tie. 7.6 Roles of the Cabinet There shall be a Cabinet of between 14-24 members. Cabinet Secretaries will head Ministries constituted according to the National Government Ministries. Our life, Our responsibility 16 Maisha yetu, wajibu wetu The Cabinet’s roles shall be; 1. Compiling issues affecting children and clustering them according to Ministries concerned, submit to the Assembly Speaker for debate. 2. Approving motions to be tabled before the assembly. 3. Approving assembly deliberations in collaboration with the president for communication to the Department of Children’s Services for the necessary action. 7.7 Roles of the Clerk Every Assembly shall have a Clerk and a deputy whose roles will be:-; 1. Compile all motions to be discussed by the assemblies. 2. Record assemblies’ proceedings. 3. Compile assembly proceedings and forward to the Assembly Speaker. 4. Administer oath of Office to the speaker. 5. Any other role assigned by the assembly’s standing orders. 7.8 Roles of the members of the assembly Delegates will be responsible for tabling issues before the assemblies, deliberations and voting. They shall also share the deliberations of the Assembly to the children (views during the monitoring). 8.0 ADDITIONAL RULES OF ENGAGEMENT 1. Eligibility Age : 7- below 18yrs 2. All children who wish to participate in the assemblies must have consent from their parents/ guardians. 3. Age: 7- 10yrs should hold separate sessions during meetings where appropriate. 4. During deliberation discussions will be based on different cohort 5. In all assemblies, each of the following age group; 7-10 age group, 11-13 age group and 14-17 age group, must have at least a 1/3 representation of the total membership; All children are eligible for membership. 6. Only children who are Kenyan citizens are eligible for leadership positions and voting. 7. Discipline and complaint procedure should be in line charter. 8. Dress code shall be school uniform. 9. Official languages to be used at all times: English, Kiswahili and Sign language 10. Meetings shall be held during school holidays 11. The KCA at the National level will be composed of 188 members (4 drawn from each county with a 1:1 gender representation rule.) and the Secretariat 12. Other devolved Children’s Assemblies will have 44 members with 1:1 gender representation; 40 representatives from sub county covered by the assembly, one Governor, One Deputy Governor, One Speaker and One Clerk. There Our life, Our responsibility 17 Maisha yetu, wajibu wetu shall be fair representation in all sub counties within an assembly area of jurisdiction. 13. Children with special needs shall have 15% representation at all children assemblies levels 14. A third of Assembly membership will constitute a quorum to transact assembly business. 15. Election shall be conducted by secret ballot. 16. Children vying for positions in all levels of assemblies must be 17. Below 16 years of age. 18. Gender representation in leadership shall be 1:1 with alternating positions shared between the alternating gender e.g. when the president is a boy, the vice president shall be a girl. 19. Tenure of office shall be one term of a two year period. 20. By-election shall be held in case of relocation, missing prerequisite assembly sittings, resignation, gross misconduct, involved in criminal and natural attrition or on attainment of age 18 years. 21. There shall be uniform standing orders and electoral code. 9.0 FINANCING The Children Assemblies will be funded from the National government through the Ministry in charge of children affairs. However, these assemblies funding will be supplemented by county government, development partners, communities, devolved funds (e.g. CDF) and well-wishers. There shall be a Secretariat in all Children’s Assemblies headed by the Children’s Department. It shall comprise Officers appointed by the Director Children’s Services and KCA Stakeholders. Their roles shall be: 1. Assisting in convening assemblies 2. Assisting in conducting assemblies business 3. Provision of professional guidance in conducting assemblies business 4. Resource Mobilization. 5. Identification, Training and vetting of chaperones. 6. Development and review of KCA documents. 7. Identification of children to represent KCA in forums at different levels. 8. Identify the schedules of duties for the cabinet. 10.0 MONITORING AND EVALUATION o Periodic monitoring to be done at all levels as per the structure by the Department of Children’s Services. o Assembly evaluation will be done towards the end of its 2-years term. Our life, Our responsibility 18 Maisha yetu, wajibu wetu 11.0 REPORTING Reporting will be done by all levels of the children assembly and shall follow the formal structure adopted. All reports shall be forwarded to the successive levels and persons mandated within two weeks after the assembly session. Reporting will be done by the President and Governor to the; o successive levels of the assembly; o Children’s Officer in-charge of the assembly area of jurisdiction. Deliberations at County levels are to be shared during the National level meetings. The Assemblies will report on various areas which will include meetings, activities, resources, identified issues and recommendations. It shall be done through narrative reports, publications, and documentary, pictorial and other evidence. Our life, Our responsibility 19
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