Africa marks Day of the African Child

Daily Graphic, Pg. 11. Tues. June 16/09

By Rebecca Quaicoe-Duho

TODAY, June 16, is being commemorated as the 'Day of the African Child'. It is a day marked across Africa every year to seek the welfare of children who most often end up being the worst affected whenever there is civil unrest, famine or bad economic situations.
The day is being celebrated on the theme ,“Africa, Fit for Children: Call for Accelerated Action towards their Survival”.
The African Charter on the Rights and Welfare of the Child, which was promulgated in November 1999, is the first regional treaty on the human rights of children. However, children in Africa continue to suffer various abuses of their rights. These take the form of child labour, child soldiers, trafficking, etc.
Statistics from the International Labour Organisation (ILO) reveals that over 40 per cent of the children in Africa are working. They are mainly working as slaves in private households, apart from other industries.
The Convention on the Rights of the Child (CRC) was adopted in 1989 by the UN General Assembly, and in it, Article 32 asserts children’s right not be engaged in work deemed to be "hazardous or to interfere with the child's education, or to be harmful to the child's health".
The issue of child trafficking in Africa has also gained growing international recognition as a serious violation of children's rights - rights affirmed by important international human rights treaties dating back to the 1956 UN Convention on the abolition of slavery, slave trading and institutions and practices similar to slavery.
The 1989 UN Convention on the Rights of the Child (CRC), its general principles and its specific provisions, particularly Article 35, calls on State parties to “take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form” - and Article 32 recognises the child's right “to be protected from economic exploitation”.
Also, Convention 182 of the ILO on the Worst Forms of Child Labour (1999), in Article 3 (a) recognises child trafficking as one of the worst forms of child labour and calls for action by Member States to eliminate them.
Another abuse that children in Africa need to be rescued from is the issue of child soldiers. It is estimated that more than 500,000 children under 18 have been recruited into state and non-state armed groups in over 85 countries worldwide, according to the Coalition to Stop the Use of Child Soldiers.
Most child soldiers are between the ages of 15 and 18 years, but some are as young as seven. The recruitment and use of these children for combat is outlawed by various measures of international human rights law, humanitarian law, labour law and criminal law but a chasm exists between these standards and their application.
Up to half of the world's child soldiers are in Africa, despite the coming into force- in 1999 - of the African Charter on the Rights and Welfare of the Child; the only regional treaty in the world that prohibits the use of child soldiers. The charter forbids member states from recruiting or using children in a participatory role in any acts of war or internal conflicts.
On violence against children in Africa, many forms of violence meted out to children are linked to specific economic, social and cultural contexts. It rarely occurs as an isolated event but is more likely a result of a combination of factors that increase the vulnerability of children and triggers behaviour that results in others preying on this vulnerability in a number of ways, including through violent acts.
Many countries, especially in West and Central Africa, face the challenges of poverty, increasing urbanisation, disease and conflict, and these increase children's vulnerability and deviant social behaviours.
Some cultural traditions also contribute to violence against children. All these factors act as catalysts for violence against children, as do the significant gender disparities across the region, which allow hierarchies of power that put women and girls at particular risk in many circumstances. Some cultural, traditional and religious practices also foster power dynamics that can result in violence being inflicted on those who are seen as weaker or subservient.
Currently, what is being done to stop violence against children is that all countries in West and Central Africa have ratified the United Nations Convention on the Rights of the Child, the over-arching international agreement that children have rights, including the right to a life free of violence, abuse and exploitation.
Also, some countries have taken some steps, in accordance with the CRC, to bring national laws in line with the provisions of the convention.
However, the enforcement of these laws remains seriously inadequate and there is a huge gap between the intent as embodied in the law and the reality of children's daily lives.
One problem is that in this region, national laws often co-exist with customary or religious laws. Most frequently, the law gives authority to customary law in certain areas and even codifies customary practices in some instances (for example, in laws relating to succession) even if they are contrary to international norms.
There is a real need for a recognised framework based on human rights in all countries of the region that acknowledges the rights and responsibilities of all sectors of society and encourages the protection of children as an overriding objective.
Governments, international agencies and national NGOs have been active in programmes aimed at child protection in recent years, but as we celebrate the Day of the African Child today, what is needed is a massive turn-around in the mindset of people in the region who tolerate violence against children and view it as part and parcel of everyday life.