1.0 Introduction
The delegates representing 16 countries in the Eastern and Southern Africa region, gathered at Sunbird Hotel in Lilongwe, Malawi from 24 - 27 August 2009 on the invitation of the Malawi Government in collaboration with the UNICEF Regional Office in Nairobi to discuss justice for children in the region and reach a common understanding through dialogue, mapping of systems and sharing of information on best practices. In this report we highlight objectives of the meeting, its outcomes, presentation by country delegates, the Botswana priorities, Lilongwe Commitment on Justice of Children and Recommendations on the Way forward.
2.0 Objectives of the meeting
The Eastern and Southern Africa Regional meeting focused on achieving a common understanding amongst Government stakeholders on Justice for Children and its importance to fulfill their obligations under the United Nations Convention on the Rights of the Child (UNCRC) and the African Charter on the Rights and Welfare of the Child (ACRWC). The focus included recognition of the importance in relation to the Rule of Law, Safety and Security within their states, the achievement of the Millennium Declaration towards reaching the MDGs, as well as its importance towards the overall state development. The Africa Child Well-being 2008 Report shall be launched and shared with stakeholders and participants.
3.0 Expected Outcomes
The expected outputs of the meeting include the following:
1. A map of the justice systems in each participating country with highlights of gaps and systematic issues;
2. A matrix of 5 priority interventions per country over the next 2 years to address the gaps and inefficiencies within national systems that hamper justice for children;
3. A regional statement of common priorities and supported needed;
4. Share the African Well-being Report.
4.0 Background Information
Justice for children is an approach to child justice that focuses on the child’s rights. It means that official actions affecting a child needs to be child friendly, in accordance with prevailing legal frameworks and not in violation of the child’s fundamental human rights as an individual, as well as a child. It puts the child in the center of the justice system and realizes that children require the sort of care and protection that adults do not. A child has special needs and need special provisions that recognize those needs and take them into consideration. A majority of children in conflict or contact with the law have a personal history of abuse, exploitation, poverty, abandonment or drug addiction. These children need help and support, rather than to be punished by a justice system constructed for adults and often poorly prepared for handling children. This includes all children in contact with the law, i.e. child victims, witnesses as well as offenders. The development over the last two decades shows us that justice for children initiatives are being developed with increased frequency when more countries are putting justice for children on the agenda. However, there are still many hurdles to overcome. Implementing CRC child justice provisions faces states with problems and the CRC Committee comments repeatedly on the need of better compliance. Continued development is critical.
All the countries in the Eastern and Southern Africa are State Parties to the Convention on the Rights of the Child with the exception of Somalia, and all but three ( Somalia, Swaziland and Zambia) have ratified the African Charter on the Rights and Welfare of the Child.
The CRC and the ACRWC is binding for all its State Parties and the most fundamental legislation constituting the civil, political, economic, social and cultural rights of all children. Both frameworks recognize that people under 18 years need special care and protection that adults do not. This includes all children in contact with the law; the ones who are victims, witnesses of crime or offenders themselves.
Child justice systems are limited to non-existent in all the countries in the region, even though the commitment made by State parties when ratifying the CRC obligates them to provide for special provisions for children in conflict with the law. Adult criminal systems do not take factors like the child’s age, their vulnerability and special needs into consideration.
Child justice systems have a history of primarily focusing on child offenders with little or no attention to child victims or witnesses. In 2005 however the UN adopted the Guidelines on Justice in Matters Involving Child Victims and Witnesses of Crime, to ensure child victims and witnesses are treated fairly and to further enhance their protection when in contact with the law. For the first time, these guidelines provided an international standard and fortified the notion of the fact that justice for children is not only necessary for child offenders but also for child victims and witnesses.
In 2008, the UN Common Approach to Justice for Children was developed. The goal for the approach is to ensure that children are better served and protected by justice systems. It especially aims at ensuring full application of international standards for children in contact with the law and related state systems as victims, witnesses or alleged offenders, or in situations regarding care, custody or protection. The principles are based on international norms and standards and apply in all circumstances.
5.0 Country Presentations
Delegates presented country reports and identified gaps on justice for children. From the presentations it is apparent that child justice systems primarily focus on child offenders with little or no attention to child victims or witnesses and their protection.
6.0 Botswana Presentation
The presentation was based on the VISION 2016 Pillars in order to deal adequately with child justice. In Botswana the emphasis is on prevention rather than cure thus social justice plays a major part in molding children to be responsible citizens. The social safety nets have been put in place to safeguard the well-being of children so that they do not fall in the poverty trap and end up on the wrong side of the law. The number of children in need of protection is on the increase hence the need to:
• Strengthen collaboration with stakeholders, fast track the establishment of child protection units in the Police Service
• Increase knowledge and training among service providers through education i.e. police, magistrates etc on court procedures for child justice, laws and legal instruments on child protection.
• Explore the possibility of introducing diversion in our child justice system as an alternative to child criminal justice and sentencing.
• Inadequate probation and after care services.
• Establish child friendly courts
7.0 Botswana’s Priority Gaps for Intervention on Justice for Children
The gaps identified and considered as priorities for intervention were:
• Lack of child protection units in the Police Service
• Inadequate knowledge and training among service providers i.e. police, magistrates etc on court procedures for child justice, laws and legal instruments on child protection.
• No diversion as an alternative to child criminal justice and sentencing.
• Inadequate probation and after care services.
• Unavailability of child friendly courts.
8.0 The Lilongwe Commitment on Justice of Children and Recommendations on the Way forward
Towards the end of the meeting, it was apparent that the level of awareness, commitment of countries and progress made in the Eastern and Southern African region to develop child friendly justice and social systems were quite significant. On the basis of that, countries affirmed and made a commitment to;
1. Promote, encourage, support and facilitate the domestication of international agreements, legal reforms, and the formulation of appropriate and adequate legislation, policies, protocols, and strategies aimed at promoting justice for children. This includes children who come into contact with the traditional, formal and informal justice systems, whether as offenders, victims or witnesses in criminal and civil trials or victims of abuse, neglect, trafficking and exploitation as well as children who are participating in our parties to civil process relating to their care and protection.
2. Promote an enabling framework for cooperation on an Agency to Agency basis in sharing technical expertise in the improvement of access to age appropriate and empathetic justice systems for children in our countries in line and in compliance with the best interests of the child.
3. Promote inter-sectoral work in each country on costing, budgeting and implementation planning to support more efficient, effective and adequately resourced systems for justice for children.
4. Develop inter-sectoral aligned information management systems in relation to justice for children.
5. Enhance capacity for research, data capturing, intra-agency data sharing, monitoring and evaluation of the processes and systems that support justice for children.
6. Strengthen human resources to support child friendly delivery of justice for children by attracting, appointing and retaining adequate and appropriately skilled personnel, as well as facilitating capacity development by engaging in regular needs assessment for resource planning, providing ongoing training, and developing practice standards and manuals. Specialization and skills retention should be promoted while facilitating promotional opportunities for staff working with children in the justice and social systems;
7. Establish and strengthen national and international partnerships and, pledge to continuously forge and strengthen collaboration with all sectors of Civil Society, as well as inter-governmental organizations and development partners;
8. Promote the design and development of an accessible repository of good practices for the region to facilitate sharing of successful strategies and lessons learnt on processes and mechanisms for the implementation, strengthening as well as promotion of justice for children in the Eastern and Southern African Region and,
9. Communicate in the region through accessible mechanisms to exchange ideas, legal and policy frameworks, protocols, strategies, costing models, and procedural models.
Tuesday, September 29, 2009
Friday, May 15, 2009
Protecting Children in Cyberspace in Botswana
The magnitude of child pornography in Botswana is not yet known. However, we provisions have been made in the Children’s Act of 2009 with respect to measures for combating sexual abuse and exploitation of children via the internet. The new Act provides for the facilitation of the respect, protection, promotion and provision of the realisation of child rights. The Act further contributes to the survival, development, participation, and protection of the current and future children in Botswana in compatibility with the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, all of which Botswana has acceded to.
For instance, the Act provides that:
1) Every child has a right to be protected from sexual abuse and exploitation, including prostitution and pornography.
(2) Any parent, guardian, teacher or other person who, without reasonable excuse, fails to report a case of child abuse or exploitation of which he or she is aware shall be guilty of an offence and liable to a fine of not less than P10 000 but not more than P30 000, or to imprisonment for a term of not less than two years but not more than three years, or both.
(3) Any person, including a parent, who connives with a person who sexually abuses or exploits a child shall be guilty of an offence and liable to a fine of not less than P30 000 but not more than P50 000, or to imprisonment for a term of not less than five years but not more than fifteen years, or both.
(4) The Minister shall devise or cause to be devised programmes to prevent the sexual exploitation of children.
Corruption o f children
(1) A parent, other relative, or other person having custody of a child who causes or conduces to the seduction, abduction or prostitution of the child, or the commission, by the child, of an immoral act, shall be guilty of an offence and liable to a fine of not less than P20 000 but not more than P50 000, or to imprisonment for a term of not less than 12 months but not more than five years, or both.
(2) For the purposes of this section, a person shall be deemed to have caused the seduction, abduction or prostitution of a child if, being the parent, other relative or guardian of the child or having the custody of the child, that person knowingly allows the child to consort with or enter or continue in the employment of a prostitute or person of known immoral character.
Exposing children to pornography
(1) No person shall expose a child to pornographic material or make such material available to a child, or involve a child in the making of such material.
(2) No person shall, in any form or manner, store, keep or distribute any indecent images of a child depicting any form of illegal sexual activity against a child.
Establishment of structures to protect children
The Act provides for the establish a Children’s Consultative Forum, and provisions that children be consulted on matters which affect them, the Act enables children’s voices to be heard.
A National Children’s Council is also established to facilitate, at the National Level, the better planning and coordination of programmes regarding the welfare of Children.
The new Act also establishes Village child well-being committees (Ntebele ke go lebele) at the community level. Plans are under to establish child rights clubs which will be focusing on sensitizing children.
The Children’s Act provides for the opening and maintaining of a Register of child abusers or paedophiles.
(1)The Head of the Department responsible for children’s affairs (referred to in this Part as “the Director”) shall open and maintain a register of service providers and other persons who have been convicted of any offence under this Part, and any person whose name appears in the register shall not be employed by any person who has children in their care and, in the case of an institution, the license issued to that institution shall be revoked.
(2) In the register shall be entered such particulars as are required by this Act or such further particulars as the Minister may, by regulations, prescribe.
(3) Any person may, upon payment of the prescribed fee, and in accordance with any conditions which may be prescribed, consult, inspect or make a copy of, or obtain an extract from, any register referred to in this section.
(4) Entries made in the register shall be a permanent record and may be removed only in accordance with such conditions, and in such manner, as may be prescribed.
Interventions on Cases of Abuse through the New Technologies
There is a need research to establish ‘best practice’ with regard to victim identification and its consequences for the child and non-offending family. There is also an urgent need to utilize inter-agency intelligence to improve detection, within the context of a world wide strategic approach. In addition we need to build on the considerable advances from IT industry to further a more discriminative approach to online protection of children.
Raise awareness for growing risks in cyberspace
There is need to develop awareness and skills among children, parents, communities and the private sector of the risks involved in internet usage. Training sessions are needed to facilitate parents and teachers with the skills required to increase awareness. There is need for collaboration between governments, politicians, the technology industry, the private sector and other stakeholders in order to achieve the necessary policy changes for improved child protection in cyberspace.
Educating children on how to protect themselves
In order to ensure that children and young people will continue to benefit from the enormous opportunities offered online, the project provides interactive information and activities to help them remain safe in the online environment. Program activities include an interactive analysis of child protection environment in cyberspace and follow up activities, mapping and co-ordination with social action programs in the virtual world, the development of internet safety curricula as well as training in schools and awareness rising campaigns. By engaging directly with children in the virtual world, the project wants to establish presence in social networking environments and intervene where necessary. Children and youth participating in the program (or having been reached through awareness initiatives) will be better able to recognize potential risks and to respond appropriately. This will ensure their protection while using technology.
Conclusion
In conclusion one, can say that the internet growth and the use of mobile phones, along with new advances in technology, increases the opportunity for child exploiters and molesters to access children's networks, thus exposing children to sexual abuse and exploitation which negative life long psychological trauma. There is a need for concerted efforts from both governments and stakeholders to take immediate action to combat this problem. Parents should not always express their love by give mobile phones to their children when they are still young.
It is vital to conduct educational and awareness-raising actions focusing on children, parents, teachers, youth organizations and other stakeholders working with and for children with a view to improving understanding of the risks of sexually exploitative use of the Internet, mobile telephones and other technologies, such actions to include information for children on how to protect themselves. They should be able to get help and report incidences of child pornography and online exploitation, and indicators and evaluations to identify the effectiveness of such programmes, not only in relation to increasing knowledge but also in effecting behaviour change.
For instance, the Act provides that:
1) Every child has a right to be protected from sexual abuse and exploitation, including prostitution and pornography.
(2) Any parent, guardian, teacher or other person who, without reasonable excuse, fails to report a case of child abuse or exploitation of which he or she is aware shall be guilty of an offence and liable to a fine of not less than P10 000 but not more than P30 000, or to imprisonment for a term of not less than two years but not more than three years, or both.
(3) Any person, including a parent, who connives with a person who sexually abuses or exploits a child shall be guilty of an offence and liable to a fine of not less than P30 000 but not more than P50 000, or to imprisonment for a term of not less than five years but not more than fifteen years, or both.
(4) The Minister shall devise or cause to be devised programmes to prevent the sexual exploitation of children.
Corruption o f children
(1) A parent, other relative, or other person having custody of a child who causes or conduces to the seduction, abduction or prostitution of the child, or the commission, by the child, of an immoral act, shall be guilty of an offence and liable to a fine of not less than P20 000 but not more than P50 000, or to imprisonment for a term of not less than 12 months but not more than five years, or both.
(2) For the purposes of this section, a person shall be deemed to have caused the seduction, abduction or prostitution of a child if, being the parent, other relative or guardian of the child or having the custody of the child, that person knowingly allows the child to consort with or enter or continue in the employment of a prostitute or person of known immoral character.
Exposing children to pornography
(1) No person shall expose a child to pornographic material or make such material available to a child, or involve a child in the making of such material.
(2) No person shall, in any form or manner, store, keep or distribute any indecent images of a child depicting any form of illegal sexual activity against a child.
Establishment of structures to protect children
The Act provides for the establish a Children’s Consultative Forum, and provisions that children be consulted on matters which affect them, the Act enables children’s voices to be heard.
A National Children’s Council is also established to facilitate, at the National Level, the better planning and coordination of programmes regarding the welfare of Children.
The new Act also establishes Village child well-being committees (Ntebele ke go lebele) at the community level. Plans are under to establish child rights clubs which will be focusing on sensitizing children.
The Children’s Act provides for the opening and maintaining of a Register of child abusers or paedophiles.
(1)The Head of the Department responsible for children’s affairs (referred to in this Part as “the Director”) shall open and maintain a register of service providers and other persons who have been convicted of any offence under this Part, and any person whose name appears in the register shall not be employed by any person who has children in their care and, in the case of an institution, the license issued to that institution shall be revoked.
(2) In the register shall be entered such particulars as are required by this Act or such further particulars as the Minister may, by regulations, prescribe.
(3) Any person may, upon payment of the prescribed fee, and in accordance with any conditions which may be prescribed, consult, inspect or make a copy of, or obtain an extract from, any register referred to in this section.
(4) Entries made in the register shall be a permanent record and may be removed only in accordance with such conditions, and in such manner, as may be prescribed.
Interventions on Cases of Abuse through the New Technologies
There is a need research to establish ‘best practice’ with regard to victim identification and its consequences for the child and non-offending family. There is also an urgent need to utilize inter-agency intelligence to improve detection, within the context of a world wide strategic approach. In addition we need to build on the considerable advances from IT industry to further a more discriminative approach to online protection of children.
Raise awareness for growing risks in cyberspace
There is need to develop awareness and skills among children, parents, communities and the private sector of the risks involved in internet usage. Training sessions are needed to facilitate parents and teachers with the skills required to increase awareness. There is need for collaboration between governments, politicians, the technology industry, the private sector and other stakeholders in order to achieve the necessary policy changes for improved child protection in cyberspace.
Educating children on how to protect themselves
In order to ensure that children and young people will continue to benefit from the enormous opportunities offered online, the project provides interactive information and activities to help them remain safe in the online environment. Program activities include an interactive analysis of child protection environment in cyberspace and follow up activities, mapping and co-ordination with social action programs in the virtual world, the development of internet safety curricula as well as training in schools and awareness rising campaigns. By engaging directly with children in the virtual world, the project wants to establish presence in social networking environments and intervene where necessary. Children and youth participating in the program (or having been reached through awareness initiatives) will be better able to recognize potential risks and to respond appropriately. This will ensure their protection while using technology.
Conclusion
In conclusion one, can say that the internet growth and the use of mobile phones, along with new advances in technology, increases the opportunity for child exploiters and molesters to access children's networks, thus exposing children to sexual abuse and exploitation which negative life long psychological trauma. There is a need for concerted efforts from both governments and stakeholders to take immediate action to combat this problem. Parents should not always express their love by give mobile phones to their children when they are still young.
It is vital to conduct educational and awareness-raising actions focusing on children, parents, teachers, youth organizations and other stakeholders working with and for children with a view to improving understanding of the risks of sexually exploitative use of the Internet, mobile telephones and other technologies, such actions to include information for children on how to protect themselves. They should be able to get help and report incidences of child pornography and online exploitation, and indicators and evaluations to identify the effectiveness of such programmes, not only in relation to increasing knowledge but also in effecting behaviour change.
Saturday, May 9, 2009
Gender Based Violence in Botswana
In Botswana, gender-based violence takes many forms including emotional and physical abuse, economic deprivation, rape and recently passion killings. Sexual abuse, rape and incest often go unreported and if reported, the cases are withdrawn due to lack of a supportive environment to follow the case through and/or lack of financial resources to secure legal representation. The Children’s Act of 2009 provides for a strengthened legal and policy environment to bolster the protection measures that exist under Botswana law while providing provisions to fill in the gaps that in the past infringed on the child’s right to full protection
UNICEF aims to support the Government of Botswana (GoB) in improving its upstream mechanisms, norms and standards that will ensure continued coverage and strengthened quality and equity of access to justice for children in conflict with the law in Botswana. Since 2005, UNICEF has worked with GoB in reforming protective systems for children and women in a comprehensive manner. This approach emerges out of a strategy to enhance protection for all Batswana children through knowledge, information and the right to protection from abuse and exploitation and to create space for children to participate in the protection of their own rights. Specifically, GoB and UNICEF will address the legal environment in which children must seek legal protection and remedial measures when various forms of exploitation whether as a victim, witness and/or offender.
Victims of crime can be persons who are either younger than the age of 18 or those who are older than 18years. Vulnerable victims are all victims under 17 years old or whose quality of evidence is likely to be reduced because they have mental disorder or learning or a physical disability or disorder. Intimidated victims are victims whose quality of evidence is likely to be reduced because they are in fear or distress about giving evidence.
Botswana acceded to the United Nations Convention on the Rights of the Child (CRC) in March 1995. The Committee on the Rights of the Child in its most recent report for Botswana (2004) noted with deep concern in paragraph 60 that “the juvenile system is not yet compatible with the provisions and principles of the Convention.” The Committee recommended that Botswana “ensure the full implementation of juvenile justice standards and in particular articles 37, 39 and 40 of the Convention, as well the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), and in the light of the Committee's 1995 discussion day on the administration of juvenile justice.” Thus, the GoB and UNICEF are collaborating to address the broad range of legal and social issues experienced by Batswana children in contact with the law, as well as the channels and mechanisms by which children must have their cases adjudicated in the Botswana justice system.
UNICEF aims to support the Government of Botswana (GoB) in improving its upstream mechanisms, norms and standards that will ensure continued coverage and strengthened quality and equity of access to justice for children in conflict with the law in Botswana. Since 2005, UNICEF has worked with GoB in reforming protective systems for children and women in a comprehensive manner. This approach emerges out of a strategy to enhance protection for all Batswana children through knowledge, information and the right to protection from abuse and exploitation and to create space for children to participate in the protection of their own rights. Specifically, GoB and UNICEF will address the legal environment in which children must seek legal protection and remedial measures when various forms of exploitation whether as a victim, witness and/or offender.
Victims of crime can be persons who are either younger than the age of 18 or those who are older than 18years. Vulnerable victims are all victims under 17 years old or whose quality of evidence is likely to be reduced because they have mental disorder or learning or a physical disability or disorder. Intimidated victims are victims whose quality of evidence is likely to be reduced because they are in fear or distress about giving evidence.
Botswana acceded to the United Nations Convention on the Rights of the Child (CRC) in March 1995. The Committee on the Rights of the Child in its most recent report for Botswana (2004) noted with deep concern in paragraph 60 that “the juvenile system is not yet compatible with the provisions and principles of the Convention.” The Committee recommended that Botswana “ensure the full implementation of juvenile justice standards and in particular articles 37, 39 and 40 of the Convention, as well the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), and in the light of the Committee's 1995 discussion day on the administration of juvenile justice.” Thus, the GoB and UNICEF are collaborating to address the broad range of legal and social issues experienced by Batswana children in contact with the law, as well as the channels and mechanisms by which children must have their cases adjudicated in the Botswana justice system.
THE ORPHAN CARE PROGRAMME
Definition of an orphan
An orphan is a child under 18 years who has lost one or both parents.
A social orphan is a child who has been abandoned and his or her parents cannot be traced.
Assistance given to Orphans
Once they have been identified and assessed orphans are provided with food, clothing, educational necessities, shelter, protection and care. Food basket ranges between P216.60 and P350.00.
Orphans who Turn 18 years of age and exit the Programme
Persons who exit the Orphan Care Programme after attaining the age of 18 years should be immediately assessed by the social workers to ensure continuum of care. This should be a smooth transition which enhance their livelihoods and safeguard them from any consequential trauma that could arise from any delays in giving them due care and support.
These persons should be given a full support particularly in relation to scholastic materials to facilitate their schooling and enhance their positive development. Social workers should make sure that there are no delays or gaps whatsoever in providing them with the necessary services timely under the pretext that they are still awaiting assessment. Any unwarranted delays could only jeopardise their schooling and subject them to emotional distress. There should be no disparity between the package they received under the Orphan care programme and the one they receive under the Destitute Persons Policy because that would traumatise them further
Councils should facilitate a continuum of care for persons exiting the Orphan Care programme without any delay.
Formulate and review policies: Development of the National Policy on Orphans and Vulnerable children
The national Policy on Orphans and Vulnerable children intends to provide guidance to service providers and other stakeholders on the care and support to orphans and vulnerable children.
It also will ensure provision of optimal care and support through coordination, planning, management and implementation.
Drafting of the policy document and work commenced in 2007 and the final draft which was completed in September, 2008 is awaiting passing of the Children’s Bill by Parliament. Allocation for the Policy was P 408, 250.00. Once the Bill is passed in parliament, drafting of the Cabinet memorandum will commence. The Plan is to start implementation of the new Policy by end of 2009/10.
Formulate and review policies: Review of the Children’s Act (1981)
The Children’s Act of 1981 was reviewed to ensure Botswana’s commitment to the ratification of the United Nations Convention on the Rights of the Child and African Charter on the Rights and Welfare of the Child. This was to ensure human rights based approach to law reform in children’s legislation.
The Review was also intended to ensure the involvement of families and communities in the protection of the well-being of children.
P 200,000.00 was allocated for the drafting of the Children’s Bill and work commenced in 2007. A Cab memo was submitted to Cabinet in December 2008. Publication of draft Children’s Bill in the Government Gazette was on 09 January 2009. The Bill was tabled before Parliament on 02 February 2009. Further instructions on Child Protection Regulations to the Attorney General’s chambers are being drafted.
Hope this has been informative...
An orphan is a child under 18 years who has lost one or both parents.
A social orphan is a child who has been abandoned and his or her parents cannot be traced.
Assistance given to Orphans
Once they have been identified and assessed orphans are provided with food, clothing, educational necessities, shelter, protection and care. Food basket ranges between P216.60 and P350.00.
Orphans who Turn 18 years of age and exit the Programme
Persons who exit the Orphan Care Programme after attaining the age of 18 years should be immediately assessed by the social workers to ensure continuum of care. This should be a smooth transition which enhance their livelihoods and safeguard them from any consequential trauma that could arise from any delays in giving them due care and support.
These persons should be given a full support particularly in relation to scholastic materials to facilitate their schooling and enhance their positive development. Social workers should make sure that there are no delays or gaps whatsoever in providing them with the necessary services timely under the pretext that they are still awaiting assessment. Any unwarranted delays could only jeopardise their schooling and subject them to emotional distress. There should be no disparity between the package they received under the Orphan care programme and the one they receive under the Destitute Persons Policy because that would traumatise them further
Councils should facilitate a continuum of care for persons exiting the Orphan Care programme without any delay.
Formulate and review policies: Development of the National Policy on Orphans and Vulnerable children
The national Policy on Orphans and Vulnerable children intends to provide guidance to service providers and other stakeholders on the care and support to orphans and vulnerable children.
It also will ensure provision of optimal care and support through coordination, planning, management and implementation.
Drafting of the policy document and work commenced in 2007 and the final draft which was completed in September, 2008 is awaiting passing of the Children’s Bill by Parliament. Allocation for the Policy was P 408, 250.00. Once the Bill is passed in parliament, drafting of the Cabinet memorandum will commence. The Plan is to start implementation of the new Policy by end of 2009/10.
Formulate and review policies: Review of the Children’s Act (1981)
The Children’s Act of 1981 was reviewed to ensure Botswana’s commitment to the ratification of the United Nations Convention on the Rights of the Child and African Charter on the Rights and Welfare of the Child. This was to ensure human rights based approach to law reform in children’s legislation.
The Review was also intended to ensure the involvement of families and communities in the protection of the well-being of children.
P 200,000.00 was allocated for the drafting of the Children’s Bill and work commenced in 2007. A Cab memo was submitted to Cabinet in December 2008. Publication of draft Children’s Bill in the Government Gazette was on 09 January 2009. The Bill was tabled before Parliament on 02 February 2009. Further instructions on Child Protection Regulations to the Attorney General’s chambers are being drafted.
Hope this has been informative...
What is Meaning Child Participation?
Here's what meaningful Child Participation means...
Child participation involves encouraging and enabling children to make their views known on the issues that affect them. Participation is all about adults listening to children, to their entire multiple and varied ways of communicating. It ensures children’s freedom to express their views openly without fear of intimidation.
What child participation should be.
Child participation must be authentic and meaningful. It must start with children and young people themselves, on their own terms, within their own realities and in pursuit of their own visions, dreams, hopes and concerns. Authentic and meaningful child participation requires a radical shift in adult thinking and behavior — from an exclusive to an inclusive approach to children and their capabilities.
Article 12 of the Convention on the Rights of the Child provides that States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.
For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.
Child Participation in Botswana includes among other things:
Commemoration of the Day of the African Child (June 16).
Children’s Forum (June 2008)-160 children from 16 districts met in Tlokweng to make an input into Children’s Bill.
Section 4 (2) of the Adoption of Children Act provides that a court to which application for an order of adoption is made shall not grant the application unless it is satisfied-
(e) that the child, if over the age of 10 years, consents to the adoption.
Challenges
Some of the challenges that are going to be addressed through the reviewed Children’s Act of 2009 are as follows:
Under the formal & informal foster care consent of the child is not always sort.
Placement of children in places of safety or child welfare institutions does not take into account their consent.The current Children’s Act (1981) & Children in need of care Regulations (2005) do not clearly spell out child participation.
Customary law does not encourage child participation in kgotla meetings (The CRC, Legislative Reform, and Customary Law, 2004). Child participation is not structured (Children only meet as and when need arises). Some of the activities that encourage child participation are:
4Bs
Youth Rallies
Girl guides & Boy Scouts
Young People’s Convention.
Youth Parliament.
Currently these are either not effective or non existent. They need to be strengthened.
Way forward
For the current & future children we believe that:
Every child who is of such age, maturity and level of understanding should be able to participate in decisions which have a significant impact on that child’s life & shall have a right to do so.
The reviewed Children’s Act proposes structures such as National Children’s Council, Children’s Consultative Forum & District Child Well-being committees to ensure child participation. Support the formation and work of child rights clubs in schools and communities
Child participation involves encouraging and enabling children to make their views known on the issues that affect them. Participation is all about adults listening to children, to their entire multiple and varied ways of communicating. It ensures children’s freedom to express their views openly without fear of intimidation.
What child participation should be.
Child participation must be authentic and meaningful. It must start with children and young people themselves, on their own terms, within their own realities and in pursuit of their own visions, dreams, hopes and concerns. Authentic and meaningful child participation requires a radical shift in adult thinking and behavior — from an exclusive to an inclusive approach to children and their capabilities.
Article 12 of the Convention on the Rights of the Child provides that States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.
For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.
Child Participation in Botswana includes among other things:
Commemoration of the Day of the African Child (June 16).
Children’s Forum (June 2008)-160 children from 16 districts met in Tlokweng to make an input into Children’s Bill.
Section 4 (2) of the Adoption of Children Act provides that a court to which application for an order of adoption is made shall not grant the application unless it is satisfied-
(e) that the child, if over the age of 10 years, consents to the adoption.
Challenges
Some of the challenges that are going to be addressed through the reviewed Children’s Act of 2009 are as follows:
Under the formal & informal foster care consent of the child is not always sort.
Placement of children in places of safety or child welfare institutions does not take into account their consent.The current Children’s Act (1981) & Children in need of care Regulations (2005) do not clearly spell out child participation.
Customary law does not encourage child participation in kgotla meetings (The CRC, Legislative Reform, and Customary Law, 2004). Child participation is not structured (Children only meet as and when need arises). Some of the activities that encourage child participation are:
4Bs
Youth Rallies
Girl guides & Boy Scouts
Young People’s Convention.
Youth Parliament.
Currently these are either not effective or non existent. They need to be strengthened.
Way forward
For the current & future children we believe that:
Every child who is of such age, maturity and level of understanding should be able to participate in decisions which have a significant impact on that child’s life & shall have a right to do so.
The reviewed Children’s Act proposes structures such as National Children’s Council, Children’s Consultative Forum & District Child Well-being committees to ensure child participation. Support the formation and work of child rights clubs in schools and communities
The Children’s Act Of 2009
The object of the new Children’s Act is not only to give effect to Botswana’s obligations in terms of United Nations Convention on the Rights of the Child, and the African Charter on the Rights and Welfare of the Child regarding the well-being of children, but also to promote well-being of families and communities in Botswana as espoused by our Vision 2016.
The new Act provides for the facilitation of the respect, protection, promotion and provision of the realisation of child rights. The Act will further contribute to the survival, development, participation, and protection of the current and future children in Botswana in compatibility with the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, all of which Botswana has acceded to.
Background Information
The Children’s Act of 1981 mainly addresses custody, care, juvenile justice, and aspects of child protection. Over the past 28 years, this country has encountered many new challenges, ranging from the HIV/AIDS scourge, rapid urbanization, child abuse, increase in single parenthood and the emergence of child headed households. These challenges have made the Children’s Act of 1981 inadequate and defective because it falls short of the provisions on children’s rights and responsibilities, hence the decision to review it and make it more holistic to address all the issues of child protection.
The need to finalise the amendment of the Act was amongst the notable recommendations from the United Nations Committee on the Rights of the Child in 2004. The committee noted with appreciation the comprehensive review of the Children’s Act of 1981 with a view to harmonizing it with the provisions of the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. The committee was concerned that “this process has been slow and that the current Act is outdated and does not fully take into account the Convention’s principles and provisions.
In developing the new Children’s Act of 2009, the Ministry of Local Government in collaboration with UNICEF, established a Multi-sectoral Reference Group, the Key Stakeholders’ Forum and a Children’s Consultative Forum for a more participatory process. The Local Authorities and Members of Parliament have been consulted in drafting the Bill. The then Minister of Local Government have also had the opportunity to address kgotla meetings in some villages on the Bill.
Some Parts of the Act
Part II definitively sets out the objects and guiding principles of the Children’s Act of 2009, the paramount principle being that in the performance of the functions of the various authorities tasked with protecting and caring of child, the best interest of the child must be paramount. The other key principle is meaningful participation of children in matters that affect them depending on their level of maturity.
In Part III therefore, the new Act sets out a Bill of child rights which is balanced by provisions setting out the duties and rights of parents vis-à-vis their children. Thus, while children are given and may exercise various rights, such as freedom of expression, they are still subject to, amongst other things, parental guidance and control.
By the establishment of a Children’s Consultative Forum, and provisions that children be consulted on matters which affect them, the Act enables children’s voices to be heard. A National Children’s Council is also established to facilitate, at the National Level, the better planning and coordination of programmes regarding the welfare of Children. The new Act also establishes Village child well-being committees (Ntebele ke go lebele) at the community level.
Part VIII establishes children’s courts to deal with such matters as applications for protection orders in circumstance in which the safety and security of children are compromised or endangered.
Part XIV seeks to ensure that children are not traumatised in cases where they are victims of perpetrators of crime by, amongst other things, providing that they be tried in informal court settings and do not come face to face with those accused of causing them harm.
The new Act also, in Parts XII and XIII, provides for the placement of children in alternative care where the circumstances in their homes make it either difficult or impossible for children to be cared for or protected from harm. These Parts of the new Act ensure that children are cared for in places of safety, such as foster homes and licensed child welfare institutions while the situations in their homes are being improved or normalised for their reintegration into their families. A penalty for contravening these Parts carries a penalty of a fine of not less than P10, 000 but more than P20, 000.
The new Act provides for the licensing of the various kinds of institutions in which children may be temporarily placed to ensure their safety, security and general well-being.
Abduction and trafficking of children are prohibited by the new Act, as are various other types of negative acts such as the sexual abuse and exploitation of children, exposing them to pornography and narcotic substances, and subjecting them to cruel treatment or punishment. A penalty for abduction, selling or trafficking of children carries a penalty of a fine of not less than P30, 000 but more than P50, 000 or to imprisonment of not less than 10 years but not more than 20 years.
Participation of Children in their Protection.
Child participation involves encouraging and enabling children to make their views known on the issues that affect them.
Participation is all about adults listening to children, to their entire multiple and varied ways of communicating.
It ensures children’s freedom to express their views openly without fear of intimidation.
Child Participation in Botswana
Commemoration of the Day of the African Child (June 16).
Children’s Forum (June 2008)-160 children from 16 districts met in Tlokweng to make an input into Children’s Bill
Section 4 (2) of the Adoption of Children Act provides that a court to which application for an order of adoption is made shall not grant the application unless it is satisfied-
(e) that the child, if over the age of 10 years, consents to the adoption.
The new Act provides for the formation of the Children’s Consultative Forum which will include children’s representatives across the country based on their evolving capacities and level of maturity.
Challenges
• The challenge is the manner in which the justice system treats children in contact with the law-whether as witnesses, accused or plaintiff/applicant (duly represented).
• There is need for child friendly courts for children in need of protection.
• The current set up does not provide a conducive environment for children to be free to give evidence in court.
• There is no protocol that spells out the roles and responsibilities of the various service providers.
• There is serious under reporting of cases of sexual abuse for various reasons such as the perpetrators being covered up by family members they are the sole breadwinners in the household and to report them would undermine the family income. In some cases children are just powerless and not prepared to report.
Conclusion
In conclusion, one can say that the Government of Botswana is fully committed to ensuring maximum protection of the current and future children from all forms of abuse, neglect and exploitation. Child protection requires a multisectoral approach thus all stakeholders including children themselves, their parents and the community at large should be involved in child protection. The implementation of the new Children’s Act of 2009 requires concerted efforts, the full cooperation and collaboration of all key role players for effective protection of Botswana’s children.
The new Act provides for the facilitation of the respect, protection, promotion and provision of the realisation of child rights. The Act will further contribute to the survival, development, participation, and protection of the current and future children in Botswana in compatibility with the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, all of which Botswana has acceded to.
Background Information
The Children’s Act of 1981 mainly addresses custody, care, juvenile justice, and aspects of child protection. Over the past 28 years, this country has encountered many new challenges, ranging from the HIV/AIDS scourge, rapid urbanization, child abuse, increase in single parenthood and the emergence of child headed households. These challenges have made the Children’s Act of 1981 inadequate and defective because it falls short of the provisions on children’s rights and responsibilities, hence the decision to review it and make it more holistic to address all the issues of child protection.
The need to finalise the amendment of the Act was amongst the notable recommendations from the United Nations Committee on the Rights of the Child in 2004. The committee noted with appreciation the comprehensive review of the Children’s Act of 1981 with a view to harmonizing it with the provisions of the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. The committee was concerned that “this process has been slow and that the current Act is outdated and does not fully take into account the Convention’s principles and provisions.
In developing the new Children’s Act of 2009, the Ministry of Local Government in collaboration with UNICEF, established a Multi-sectoral Reference Group, the Key Stakeholders’ Forum and a Children’s Consultative Forum for a more participatory process. The Local Authorities and Members of Parliament have been consulted in drafting the Bill. The then Minister of Local Government have also had the opportunity to address kgotla meetings in some villages on the Bill.
Some Parts of the Act
Part II definitively sets out the objects and guiding principles of the Children’s Act of 2009, the paramount principle being that in the performance of the functions of the various authorities tasked with protecting and caring of child, the best interest of the child must be paramount. The other key principle is meaningful participation of children in matters that affect them depending on their level of maturity.
In Part III therefore, the new Act sets out a Bill of child rights which is balanced by provisions setting out the duties and rights of parents vis-à-vis their children. Thus, while children are given and may exercise various rights, such as freedom of expression, they are still subject to, amongst other things, parental guidance and control.
By the establishment of a Children’s Consultative Forum, and provisions that children be consulted on matters which affect them, the Act enables children’s voices to be heard. A National Children’s Council is also established to facilitate, at the National Level, the better planning and coordination of programmes regarding the welfare of Children. The new Act also establishes Village child well-being committees (Ntebele ke go lebele) at the community level.
Part VIII establishes children’s courts to deal with such matters as applications for protection orders in circumstance in which the safety and security of children are compromised or endangered.
Part XIV seeks to ensure that children are not traumatised in cases where they are victims of perpetrators of crime by, amongst other things, providing that they be tried in informal court settings and do not come face to face with those accused of causing them harm.
The new Act also, in Parts XII and XIII, provides for the placement of children in alternative care where the circumstances in their homes make it either difficult or impossible for children to be cared for or protected from harm. These Parts of the new Act ensure that children are cared for in places of safety, such as foster homes and licensed child welfare institutions while the situations in their homes are being improved or normalised for their reintegration into their families. A penalty for contravening these Parts carries a penalty of a fine of not less than P10, 000 but more than P20, 000.
The new Act provides for the licensing of the various kinds of institutions in which children may be temporarily placed to ensure their safety, security and general well-being.
Abduction and trafficking of children are prohibited by the new Act, as are various other types of negative acts such as the sexual abuse and exploitation of children, exposing them to pornography and narcotic substances, and subjecting them to cruel treatment or punishment. A penalty for abduction, selling or trafficking of children carries a penalty of a fine of not less than P30, 000 but more than P50, 000 or to imprisonment of not less than 10 years but not more than 20 years.
Participation of Children in their Protection.
Child participation involves encouraging and enabling children to make their views known on the issues that affect them.
Participation is all about adults listening to children, to their entire multiple and varied ways of communicating.
It ensures children’s freedom to express their views openly without fear of intimidation.
Child Participation in Botswana
Commemoration of the Day of the African Child (June 16).
Children’s Forum (June 2008)-160 children from 16 districts met in Tlokweng to make an input into Children’s Bill
Section 4 (2) of the Adoption of Children Act provides that a court to which application for an order of adoption is made shall not grant the application unless it is satisfied-
(e) that the child, if over the age of 10 years, consents to the adoption.
The new Act provides for the formation of the Children’s Consultative Forum which will include children’s representatives across the country based on their evolving capacities and level of maturity.
Challenges
• The challenge is the manner in which the justice system treats children in contact with the law-whether as witnesses, accused or plaintiff/applicant (duly represented).
• There is need for child friendly courts for children in need of protection.
• The current set up does not provide a conducive environment for children to be free to give evidence in court.
• There is no protocol that spells out the roles and responsibilities of the various service providers.
• There is serious under reporting of cases of sexual abuse for various reasons such as the perpetrators being covered up by family members they are the sole breadwinners in the household and to report them would undermine the family income. In some cases children are just powerless and not prepared to report.
Conclusion
In conclusion, one can say that the Government of Botswana is fully committed to ensuring maximum protection of the current and future children from all forms of abuse, neglect and exploitation. Child protection requires a multisectoral approach thus all stakeholders including children themselves, their parents and the community at large should be involved in child protection. The implementation of the new Children’s Act of 2009 requires concerted efforts, the full cooperation and collaboration of all key role players for effective protection of Botswana’s children.
BOTSWANA GOVERNMENT’S COMMITMENT ON CHILD PROTECTION
The Government of Botswana ratified various international conventions and instruments dealing with child abuse, neglect, exploitation and violence against children. The Government ratified the World Declaration on the Survival Protection and Development of Children in 1992; the United Nations Convention on the Rights of the Child in 1995; the ILO Minimum Age for Admission to Employment Convention of 1973 in 1999; and the ILO Worst Forms of Child Labour in 1999. The African Charter on the Rights and Welfare of the Child was acceded to in 2001. In addition, the government has enacted or reviewed legislation that deals either directly or indirectly with child abuse, exploitation and violence such as the Children’s Act of 1981, the new Children’s Act of 2009 and the Affiliation Proceedings Amendment Act of 1999, just to name a few.
WHAT IS CHILD PROTECTION?
Chid Protection means the protection of children from violence, abuse, neglect, exploitation and discrimination. It involves, Birth Registration, Child Abuse, Sexual exploitation of children, Trafficking and sale of children, harmful traditional practices, violence and neglect, alternative care, justice for children and child labour.
• Birth Registration: As of 2000 it was estimated that only 59% of births of under 5 year olds were registered in Botswana (MICS 2000) and in some districts more than half of the birth are not registered. The Department of National and Civil Registration (DNCR) routinely collects statistics of births from health facilities across the country and produce annual births and deaths statistics report. Even though 90% of births take place in health facilities it is estimated that only 60% of births are registered.
• Justice for Children system (Juvenile Justice) comprises both (1) State-run justice and law enforcement institutions, including the judiciary (criminal and civil), justice and interior ministries, the police, prisons, criminal investigation and prosecution services and (2) Non-state justice mechanisms, i.e the whole range of traditional, customary, religious and informal mechanisms that deal with disputes at community levels. Cases pertaining to children in conflict with the law (juvenile offenders) will be held in Children’s courts where the media or members of the public will not allowed.
• Sexual exploitation of children includes incest, rape, defilement, child marriages, violence, abuse and commercial sexual exploitation. Information on the prevalence of sexual exploitation and adequacy of systems and structures in preventing, responding and mitigating this issue is extremely limited. Harmful traditional practices that contribute to these violations also need to be assessed and identified to inform advocacy and planning.
The number of cases of sexual abuse, exploitation and violence reported to the Police Services is on the increase in Botswana, although it is also understood that many cases are not reported due to the powerlessness of children. This is also due to the fact that the perpetrators are often the sole breadwinner in the household and to report them would undermine the family income.
• Child Trafficking is the recruiting, transfer, transporting, receipt of persons by means of threats or use of force or other form of coercion, of abduction, fraud, deception, abuse of power, the giving or receiving of payment to achieve the consent of a person having control over another person for the purpose of exploitation. The forms and reasons for trafficking need to be assessed to ensure evidence based planning.
• Child labour: Some background research has been done via the National Labour Force Survey (LFS) (2005/2006) conducted by the Central Statistics Office (CSO). The survey addressed questions on employment of persons aged 7 years and above, and incorporated a specific children’s activities component. The preliminary results released by CSO in December 2006 showed:
- 6.9% (37,936) of the employed population (548,594) are children (aged 7 to 17 years old);
- Male children constitute 60.9% of the employed children (23,109 boys);
- 66.1% of the children (25,093 children) are employed in agriculture, and 22% (8,339 children) in the retail trade;
- Employed children constituted 8.9% of all children aged 7-17 years; and
- 51% of the employed children are aged 7-13 years (19,435 children).
3.4 In order to address issues related to child labour, the National Action Plan towards the Elimination of Child Labour in Botswana (APEC) was developed in 2008. It focuses on cross-cutting actions, actions that relate to and may impact upon all the forms of child labour that have been identified in Botswana. It also focuses on each of the following specific child labour issues:
i. Children doing excessive and inappropriate domestic work
ii. Children working in agriculture
iii. Children used by adults to commit crime
iv. Commercial sexual exploitation of children
v. Children working in the liquor, retail, and informal sectors
vi. Children working on the streets
vii. Orphaned and vulnerable children
viii. Children involved in physical labour at schools
• Alternative care includes kinship care, foster care adoption and placement in suitable institutions of care of children. With the increasing prevalence of HIV/AIDS and resulting numbers of orphans in Botswana, the adequacy of institutions, structures and monitoring processes need to be assessed to inform planning and advocacy.
• Other vulnerable children: Children with disability, indigenous children and those children who are orphaned, living on the streets or in extreme poverty often face double discrimination. They should be identified and recognized in studies in order to inform Policy and legal reform, administration and planning.
Since 1999, the Ministry of Local Government has been implementing the Short Term Plan of Action (STPA) for orphan care in Botswana. In the last quarter there were 49, 000 orphans and 31, 000 needy children registered countrywide by the local authorities. They are supported with food and school uniform. A draft National Policy on Orphans and Vulnerable Children has been completed.
Hope to hear from you…
The Government of Botswana ratified various international conventions and instruments dealing with child abuse, neglect, exploitation and violence against children. The Government ratified the World Declaration on the Survival Protection and Development of Children in 1992; the United Nations Convention on the Rights of the Child in 1995; the ILO Minimum Age for Admission to Employment Convention of 1973 in 1999; and the ILO Worst Forms of Child Labour in 1999. The African Charter on the Rights and Welfare of the Child was acceded to in 2001. In addition, the government has enacted or reviewed legislation that deals either directly or indirectly with child abuse, exploitation and violence such as the Children’s Act of 1981, the new Children’s Act of 2009 and the Affiliation Proceedings Amendment Act of 1999, just to name a few.
WHAT IS CHILD PROTECTION?
Chid Protection means the protection of children from violence, abuse, neglect, exploitation and discrimination. It involves, Birth Registration, Child Abuse, Sexual exploitation of children, Trafficking and sale of children, harmful traditional practices, violence and neglect, alternative care, justice for children and child labour.
• Birth Registration: As of 2000 it was estimated that only 59% of births of under 5 year olds were registered in Botswana (MICS 2000) and in some districts more than half of the birth are not registered. The Department of National and Civil Registration (DNCR) routinely collects statistics of births from health facilities across the country and produce annual births and deaths statistics report. Even though 90% of births take place in health facilities it is estimated that only 60% of births are registered.
• Justice for Children system (Juvenile Justice) comprises both (1) State-run justice and law enforcement institutions, including the judiciary (criminal and civil), justice and interior ministries, the police, prisons, criminal investigation and prosecution services and (2) Non-state justice mechanisms, i.e the whole range of traditional, customary, religious and informal mechanisms that deal with disputes at community levels. Cases pertaining to children in conflict with the law (juvenile offenders) will be held in Children’s courts where the media or members of the public will not allowed.
• Sexual exploitation of children includes incest, rape, defilement, child marriages, violence, abuse and commercial sexual exploitation. Information on the prevalence of sexual exploitation and adequacy of systems and structures in preventing, responding and mitigating this issue is extremely limited. Harmful traditional practices that contribute to these violations also need to be assessed and identified to inform advocacy and planning.
The number of cases of sexual abuse, exploitation and violence reported to the Police Services is on the increase in Botswana, although it is also understood that many cases are not reported due to the powerlessness of children. This is also due to the fact that the perpetrators are often the sole breadwinner in the household and to report them would undermine the family income.
• Child Trafficking is the recruiting, transfer, transporting, receipt of persons by means of threats or use of force or other form of coercion, of abduction, fraud, deception, abuse of power, the giving or receiving of payment to achieve the consent of a person having control over another person for the purpose of exploitation. The forms and reasons for trafficking need to be assessed to ensure evidence based planning.
• Child labour: Some background research has been done via the National Labour Force Survey (LFS) (2005/2006) conducted by the Central Statistics Office (CSO). The survey addressed questions on employment of persons aged 7 years and above, and incorporated a specific children’s activities component. The preliminary results released by CSO in December 2006 showed:
- 6.9% (37,936) of the employed population (548,594) are children (aged 7 to 17 years old);
- Male children constitute 60.9% of the employed children (23,109 boys);
- 66.1% of the children (25,093 children) are employed in agriculture, and 22% (8,339 children) in the retail trade;
- Employed children constituted 8.9% of all children aged 7-17 years; and
- 51% of the employed children are aged 7-13 years (19,435 children).
3.4 In order to address issues related to child labour, the National Action Plan towards the Elimination of Child Labour in Botswana (APEC) was developed in 2008. It focuses on cross-cutting actions, actions that relate to and may impact upon all the forms of child labour that have been identified in Botswana. It also focuses on each of the following specific child labour issues:
i. Children doing excessive and inappropriate domestic work
ii. Children working in agriculture
iii. Children used by adults to commit crime
iv. Commercial sexual exploitation of children
v. Children working in the liquor, retail, and informal sectors
vi. Children working on the streets
vii. Orphaned and vulnerable children
viii. Children involved in physical labour at schools
• Alternative care includes kinship care, foster care adoption and placement in suitable institutions of care of children. With the increasing prevalence of HIV/AIDS and resulting numbers of orphans in Botswana, the adequacy of institutions, structures and monitoring processes need to be assessed to inform planning and advocacy.
• Other vulnerable children: Children with disability, indigenous children and those children who are orphaned, living on the streets or in extreme poverty often face double discrimination. They should be identified and recognized in studies in order to inform Policy and legal reform, administration and planning.
Since 1999, the Ministry of Local Government has been implementing the Short Term Plan of Action (STPA) for orphan care in Botswana. In the last quarter there were 49, 000 orphans and 31, 000 needy children registered countrywide by the local authorities. They are supported with food and school uniform. A draft National Policy on Orphans and Vulnerable Children has been completed.
Hope to hear from you…
Thursday, May 7, 2009
In Botswana, the concept of the best interests of the child is not constitutionally enshrined nor built into public or private institutional decision-making and policy-making; courts of law; administrative or legislative bodies.
In its original jurisdiction, the High Court is the upper guardian of minor children. Courts, therefore, consider the welfare or best interests of the child as being paramount, and have affirmed this principle in various judicial pronouncements (see below). The concept, as judicially interpreted, is given an all-embracing approach that seeks to protect the general welfare of the child, such that all relevant circumstances are taken into account in determining what is best for the child.
The Children’s Act of 2009 makes every magistrate a Commissioner of Child Welfare, and where there is no magistrate, the District Commissioner, District Officer of the administrative district, or the Chief .
The Children’s Act of, 2009 provides that:
A person or the court performing a function or exercising a power under
this Act shall regard the best interests of the child as the paramount
consideration.
.(1) The following factors shall be taken into account in determining
the best interests of the child :–
(a) the need to protect the child from harm;
(b) the capacity of the child’s parents, other relative, guardian or other person to care for and protect the child;
(c) the child’s spiritual, physical, emotional and educational needs;
(d) the child’s age, maturity, sex, background, and language;
(e) the child’s cultural, ethnic or religious identity;
(f) the likely effect on the child of any change in the child’s circumstances;
(g) the importance of stability and continuity in the child’s living
arrangements and the likely effect on the child of any change in, or
disruption of, those arrangements; and
(h) any wishes or views expressed by the child, having regard to the child’s
age, maturity and level of understanding in determining the weight to be given to those wishes or views; or
(i) any other factor which will ensure the general well – being of the child.
(2) The provisions of subsection (1) shall not be construed as limiting the factors that may be taken into account in determining what is in the best interests of the child.
7. The following principles shall be observed in the administration of this Act
–
(a) no decision or action shall be taken whose result or likelihood is to
discriminate against any child on the basis of sex, family, colour, race,
ethnicity, place of origin, language, religion, economic
status, parents, physical or mental status, or any other status;
(b) every child shall be cared for and protected from harm;
(c) the parents, family and community of a child have the primary responsibility of safeguarding and promoting the child’s well – being;
(d) every child shall have stable, secure and safe relationships and living
arrangements;
(e) a child’s parents and any other people who are significant in the child’s
life shall be given an opportunity and assistance to participate in decision - making processes under this Act that are likely to have a significant impact on the child’s life;
(f) the people referred to in paragraph (e) shall be given adequate information, in a manner and language they understand, regarding –
(i) decision – making processes under this Act that are likely to have a
significant impact on the child’s life,
(ii) the outcome of any decision about the child, including an explanation of the reasons for the decision, and
(iii) any relevant complaint or review procedure;
(g) decisions about a child shall be consistent with cultural, ethnic and
religious values and traditions relevant to the child; and
(h) decisions about a child shall be made promptly having regard to the age, circumstances and needs of the child.
I hope this has helped shed some light in the new Act. Let’s hear your views…
Cheers!
In its original jurisdiction, the High Court is the upper guardian of minor children. Courts, therefore, consider the welfare or best interests of the child as being paramount, and have affirmed this principle in various judicial pronouncements (see below). The concept, as judicially interpreted, is given an all-embracing approach that seeks to protect the general welfare of the child, such that all relevant circumstances are taken into account in determining what is best for the child.
The Children’s Act of 2009 makes every magistrate a Commissioner of Child Welfare, and where there is no magistrate, the District Commissioner, District Officer of the administrative district, or the Chief .
The Children’s Act of, 2009 provides that:
A person or the court performing a function or exercising a power under
this Act shall regard the best interests of the child as the paramount
consideration.
.(1) The following factors shall be taken into account in determining
the best interests of the child :–
(a) the need to protect the child from harm;
(b) the capacity of the child’s parents, other relative, guardian or other person to care for and protect the child;
(c) the child’s spiritual, physical, emotional and educational needs;
(d) the child’s age, maturity, sex, background, and language;
(e) the child’s cultural, ethnic or religious identity;
(f) the likely effect on the child of any change in the child’s circumstances;
(g) the importance of stability and continuity in the child’s living
arrangements and the likely effect on the child of any change in, or
disruption of, those arrangements; and
(h) any wishes or views expressed by the child, having regard to the child’s
age, maturity and level of understanding in determining the weight to be given to those wishes or views; or
(i) any other factor which will ensure the general well – being of the child.
(2) The provisions of subsection (1) shall not be construed as limiting the factors that may be taken into account in determining what is in the best interests of the child.
7. The following principles shall be observed in the administration of this Act
–
(a) no decision or action shall be taken whose result or likelihood is to
discriminate against any child on the basis of sex, family, colour, race,
ethnicity, place of origin, language, religion, economic
status, parents, physical or mental status, or any other status;
(b) every child shall be cared for and protected from harm;
(c) the parents, family and community of a child have the primary responsibility of safeguarding and promoting the child’s well – being;
(d) every child shall have stable, secure and safe relationships and living
arrangements;
(e) a child’s parents and any other people who are significant in the child’s
life shall be given an opportunity and assistance to participate in decision - making processes under this Act that are likely to have a significant impact on the child’s life;
(f) the people referred to in paragraph (e) shall be given adequate information, in a manner and language they understand, regarding –
(i) decision – making processes under this Act that are likely to have a
significant impact on the child’s life,
(ii) the outcome of any decision about the child, including an explanation of the reasons for the decision, and
(iii) any relevant complaint or review procedure;
(g) decisions about a child shall be consistent with cultural, ethnic and
religious values and traditions relevant to the child; and
(h) decisions about a child shall be made promptly having regard to the age, circumstances and needs of the child.
I hope this has helped shed some light in the new Act. Let’s hear your views…
Cheers!
The ‘Day of the African Child’ is a day when the African nations come together in unison, to recall and reflect on the achievements made and more importantly, on the challenges that confront children throughout the African continent.
Botswana as a member of the African Union commemorates the Day of the African Child on June 16 every year. This day was designated by the African states as a “Day of the African Child” at a summit in Addis Ababa, Ethiopia. The day is marked by massive children’s participation and communicating all matters pertaining to the enjoyment of their fundamental rights which include, among others, the right to life.
In an endeavor to take this day to the people, the Ministry of Local Government has been commemorating this day with different communities around the country. The theme for 2009 is “Africa fit for Children: Call for Accelerated Action towards their Survival.” This theme calls for accelerated action to address the problems that impact negatively on child survival and development. Over the past decade children’s right to life has been compromised mainly due to the AIDS scourge and road carnage. The Government of Botswana has made efforts to address this issues as reflected by our success rate under the Prevention of Mother to child Transmission (PMTCT) Programme which is implemented by the Ministry of Health and my Ministry.
The objectives of the 2009 commemorations are;
• To educate children on their right to life, their survival and development;
• To advocate for the making of laws and establishment of government structures that ensure child survival, development and protection;
• To increase awareness on the need for wider coverage of children in the realization of their survival, development and protection;
• To foster alliances and collaboration which promote investment in the welfare of the current and future children;
• To strengthen and empower communities on issues of child survival, development and protection through public education.
The Ministers of African Union Member States responsible for promoting and safeguarding the rights and welfare of children met in Cairo, the Arab Republic of Egypt, at the Second Pan African Forum on Children: Mid-Term Review from 29 October - 02 November 2007 to consider and review the progress made in implementing the 2001 Declaration and Plan of Action of Africa Fit For Children. They focused their deliberations on the ten priorities set out in the Plan of Action, namely: Overall framework; Enhancing Life Chances; Overcoming HIV/AIDS, Realizing the Right to Education; Realizing the Right to Protection; Participation of Youth and Children; Actions at all levels; International Partnership; Follow-up Actions and Monitoring; and a Call for Accelerated Action.
At the end of the Forum, AU Member States reaffirmed their commitment towards the achievement of the targets for the 2001 Plan of Action and committed to the following priority actions:
1. Allocate sufficient resources in the national plans, Poverty Reduction Strategies and the supporting Medium Term Expenditure Frameworks and budgets for implementing various elements of the Africa Fit for Children with a focus on marginalized children, including those from poor families, vulnerable, children who are orphaned and children with disabilities.
2. Strengthen health systems in order to provide good and quality maternal and child health services and develop health centres and hospitals that are child and youth friendly, in line with the Africa Health strategy;
3. Scale up universal access to HIV and AIDS prevention, treatment, care and support (linking with other health measures on promoting reproductive health and reducing Tuberculosis, Malaria and other related diseases) with an emphasis on adolescents, young girls, women, children living with HIV and AIDS and the most vulnerable segments of the society;
4. Promote and implement multi-sectoral programmes on ending violence against children, including neglect, abuse, sexual exploitation, child labour and trafficking guided by the findings and recommendations of the UN Study on Violence against Children as well as support activities such as lifelines and safe havens to rehabilitate and reintegrate child victims of abuse, sexual exploitation, rape and trafficking;
5. Promote the right to participation of all children (particularly of those who are marginalized, children from poor families, children with disabilities and children who are orphaned and vulnerable) based on their evolving capacities through establishing appropriate consultative for a including child rights clubs, children’s parliament, associations.
That's all for now.
Put your views down...
Botswana as a member of the African Union commemorates the Day of the African Child on June 16 every year. This day was designated by the African states as a “Day of the African Child” at a summit in Addis Ababa, Ethiopia. The day is marked by massive children’s participation and communicating all matters pertaining to the enjoyment of their fundamental rights which include, among others, the right to life.
In an endeavor to take this day to the people, the Ministry of Local Government has been commemorating this day with different communities around the country. The theme for 2009 is “Africa fit for Children: Call for Accelerated Action towards their Survival.” This theme calls for accelerated action to address the problems that impact negatively on child survival and development. Over the past decade children’s right to life has been compromised mainly due to the AIDS scourge and road carnage. The Government of Botswana has made efforts to address this issues as reflected by our success rate under the Prevention of Mother to child Transmission (PMTCT) Programme which is implemented by the Ministry of Health and my Ministry.
The objectives of the 2009 commemorations are;
• To educate children on their right to life, their survival and development;
• To advocate for the making of laws and establishment of government structures that ensure child survival, development and protection;
• To increase awareness on the need for wider coverage of children in the realization of their survival, development and protection;
• To foster alliances and collaboration which promote investment in the welfare of the current and future children;
• To strengthen and empower communities on issues of child survival, development and protection through public education.
The Ministers of African Union Member States responsible for promoting and safeguarding the rights and welfare of children met in Cairo, the Arab Republic of Egypt, at the Second Pan African Forum on Children: Mid-Term Review from 29 October - 02 November 2007 to consider and review the progress made in implementing the 2001 Declaration and Plan of Action of Africa Fit For Children. They focused their deliberations on the ten priorities set out in the Plan of Action, namely: Overall framework; Enhancing Life Chances; Overcoming HIV/AIDS, Realizing the Right to Education; Realizing the Right to Protection; Participation of Youth and Children; Actions at all levels; International Partnership; Follow-up Actions and Monitoring; and a Call for Accelerated Action.
At the end of the Forum, AU Member States reaffirmed their commitment towards the achievement of the targets for the 2001 Plan of Action and committed to the following priority actions:
1. Allocate sufficient resources in the national plans, Poverty Reduction Strategies and the supporting Medium Term Expenditure Frameworks and budgets for implementing various elements of the Africa Fit for Children with a focus on marginalized children, including those from poor families, vulnerable, children who are orphaned and children with disabilities.
2. Strengthen health systems in order to provide good and quality maternal and child health services and develop health centres and hospitals that are child and youth friendly, in line with the Africa Health strategy;
3. Scale up universal access to HIV and AIDS prevention, treatment, care and support (linking with other health measures on promoting reproductive health and reducing Tuberculosis, Malaria and other related diseases) with an emphasis on adolescents, young girls, women, children living with HIV and AIDS and the most vulnerable segments of the society;
4. Promote and implement multi-sectoral programmes on ending violence against children, including neglect, abuse, sexual exploitation, child labour and trafficking guided by the findings and recommendations of the UN Study on Violence against Children as well as support activities such as lifelines and safe havens to rehabilitate and reintegrate child victims of abuse, sexual exploitation, rape and trafficking;
5. Promote the right to participation of all children (particularly of those who are marginalized, children from poor families, children with disabilities and children who are orphaned and vulnerable) based on their evolving capacities through establishing appropriate consultative for a including child rights clubs, children’s parliament, associations.
That's all for now.
Put your views down...
Thursday, February 26, 2009
Here are Various Catergories of Children who need your support..
There is national concern about the growing numbers of vulnerable children and the need to protect them, through a coordinated guided response in Botswana. The National Situation Analysis on Orphans and Vulnerable Children (2007) identified 30.6% of children as vulnerable due to living in poverty, while other children struggle to grow up in families prone to internal conflicts, alcoholism, violence, abuse and poor parenting skills.
We have situations where children are also heading households and living in households headed by their young brothers or sisters. Other groups of vulnerable children are those who are displaced or refugees or who have parents in prison or detention
These children are unlikely to enjoy their rights and may even be driven onto the streets to support themselves. Children with unmet emotional needs are also particularly vulnerable to sexual exploitation and abuse.
Let us define some of the common terms used to define the various categories of children in Botswana:
A child is a person below the age of 18 years.
‘Orphan’
International definition
An orphan is a child below the age of 18 years who has lost one or both parents
Botswana programme definition
“an ‘orphan’ is a child below 18 years who has lost one (single parents) or two (married couples) biological or adoptive parents. Married couples include those married in civil or traditional marriages”
‘social orphan’
Botswana programme definition
‘Social orphans’ are those abandoned or dumped or whose parents cannot be traced”
‘vulnerable child’
A vulnerable child is a person below the age of 18 years who is in any situation or circumstance which is or is likely to adversely affect the child’s physical, emotional, psychological or general well-being, which prevents the enjoyment of his or her rights, and who is in need of protection.
‘A child in need of protection’
A child in need of protection is a vulnerable child under the age of 18 years and includes a child who is temporarily or permanently deprived of parental care and support; or who is temporarily or permanently deprived of his or her family environment and care; or heads or lives in a child headed household; or displays behaviour which cannot be managed by the parent, guardian or other person; or suffers from physical/mental disability or any form of chronic illness; or is involved in work which is harmful to his or her emotional, physical, psychological, social or educational development or well-being; or suffers/lives in abusive circumstances; or lives in circumstances calculated to cause or conduce to the child’s seduction, prostitution or corruption; or is in contact or conflict with the law.
‘Child-headed household’
A child headed household is a family headed by a person under the age of 18 years, in the absence of his or her parent (s) or other adult family member to provide care for the children in the household.
Let's discuss support to these children later...
We have situations where children are also heading households and living in households headed by their young brothers or sisters. Other groups of vulnerable children are those who are displaced or refugees or who have parents in prison or detention
These children are unlikely to enjoy their rights and may even be driven onto the streets to support themselves. Children with unmet emotional needs are also particularly vulnerable to sexual exploitation and abuse.
Let us define some of the common terms used to define the various categories of children in Botswana:
A child is a person below the age of 18 years.
‘Orphan’
International definition
An orphan is a child below the age of 18 years who has lost one or both parents
Botswana programme definition
“an ‘orphan’ is a child below 18 years who has lost one (single parents) or two (married couples) biological or adoptive parents. Married couples include those married in civil or traditional marriages”
‘social orphan’
Botswana programme definition
‘Social orphans’ are those abandoned or dumped or whose parents cannot be traced”
‘vulnerable child’
A vulnerable child is a person below the age of 18 years who is in any situation or circumstance which is or is likely to adversely affect the child’s physical, emotional, psychological or general well-being, which prevents the enjoyment of his or her rights, and who is in need of protection.
‘A child in need of protection’
A child in need of protection is a vulnerable child under the age of 18 years and includes a child who is temporarily or permanently deprived of parental care and support; or who is temporarily or permanently deprived of his or her family environment and care; or heads or lives in a child headed household; or displays behaviour which cannot be managed by the parent, guardian or other person; or suffers from physical/mental disability or any form of chronic illness; or is involved in work which is harmful to his or her emotional, physical, psychological, social or educational development or well-being; or suffers/lives in abusive circumstances; or lives in circumstances calculated to cause or conduce to the child’s seduction, prostitution or corruption; or is in contact or conflict with the law.
‘Child-headed household’
A child headed household is a family headed by a person under the age of 18 years, in the absence of his or her parent (s) or other adult family member to provide care for the children in the household.
Let's discuss support to these children later...
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