CHILD RIGHTS SECTOR SHOULD COLLABORATE

CHILD RIGHTS SECTOR COLLABORATION KEY FOR CHILD FRIENDLY DEVELOPMENT

The Zimbabwe Child Rights Sector has launched its five year Advocacy strategy with more than hundred organisations participating in the compiling of strategy document under the auspices of the Zimbabwe National Council for the Welfare of Children.

The vision of the sector is summed up in the strategy as “Full enjoyment of rights and responsibilities by children as citizens of Zimbabwe.”  In support of this vision the sector has pledged to promote, protect and respect the rights of children as a coordinated and united body. The advocacy strategy has three major priorities they desire to fulfill by 2017 and these are;

·         Access to quality Health

·         Access to quality basic education

·         Child Protection, covering sub-themes like child sexual abuse, child labour, detention of minors, child marriages and birth registration.

Commenting on the launch of the Advocacy Strategy, Mr Musa Chibwana the Development Manager at Zimbabwe National Council for the Welfare of Children said that “this advocacy strategy is coming with an objective of establishing collaboration and harmony in the child rights advocacy at a macro level as well as giving the sector direction on priority issues”. His comments come at the backdrop of mushrooming individualistic and illegal children’s homes, institutions and crèches threatening collaboration for the best interest of the child.

The growth of the child rights sector was mainly propelled by the need for extensive advocacy and lobbying against human rights abuses and policy blunders by the government that was prevalent at the wake of the new millennium in Zimbabwe. It is at this time that several advocacy organisations were birthed to give alternative care to children and also put pressure on the government to observe human rights. By the year 2000, the number of organisations representing children was huge and blooming ranging from community based to faith based national and international organisations. These organisations commendably worked in different thematic areas of child rights programming and trustee response was very high to the plight of the children in the country.

Despite the good work that has been done by the sector; prevailing socio-economic, cultural and political circumstances are presenting growing challenges to vulnerable children. It is also worrying that the sector’s response to these complex challenges has been lacking consensus on the priorities and some have even ignored binding government policies. In addition to divergent priorities the other tragedy that emerged was the lack of coordinated and effective macro advocacy with key stakeholders resulting in the latter being indifferent about the sector. This discord has been downplaying the African Committee on the Rights of the Child’s concluding Observations (1995); which stipulates the need for legislative and policy reforms that will benefit all children in Zimbabwe through collaborative effort.

The sector’s advocacy strategies must be therefore be harmonised in initiating and conducting research, budget tracking, establishing systematic learning and knowledge management platforms and strengthening the capacity of children as rights holders. The organisations in the sector should then create a body of evidence by collecting on the ground indicators on the conditions and state of children’s rights in their areas. It would be upon the ZNCWC as the mother body to have a national call for policy reforms or reversal on the child rights basing on the body of evidence and this will bring a child friendly development in the country.

Birth Registration The First Right For the Child

BIRTH REGISTRATION SECURING YOUR CHILD’S FUTURE

During the holiday season, unwelcome visitors entered my home and relieved me of my personal belongings, including my identity documents. With my birth certificate and passport gone missing, I found myself in the peculiar situation of being unable to substantiate my identity, nationality, or even my own name through official means. I took it upon myself to get my documents from the Registrar’s office starting with my birth certificate. At the registrar’s office, I was already late to beat the queue at 630 in the morning because the queue was meandering and long. While we were waiting to be served we started sharing our birth registration issues that had brought us together. The problems ranged from wrong spellings, missing certificates, torn and old birth certificates, new registration and registering children who were born out of the country. What really shocked me was that there were two young men in their early twenties who did not have birth certificates. Chilling and pathetic were their testimonies of how they reached that age without any formal registration. We all wondered how these young men had lived all these years off the official record and what could have happened to them if they had an accident or if ever they wanted to be formally employed, they already had failed to write their grade seven examination because they did not exist officially and it was their families that had denied them this right.

What is birth registration and why bother yourself to register your child promptly one may ask? The UNICEF Report (2013) defines registration as the continuous, permanent and universal recording, within the civil registry, of the occurrence and characteristics of births in accordance with the legal requirements of a country. The Government of Zimbabwe enacted the Birth and Death Registration Act (5.02) as statutory instrument for the registration of all births (and deaths as well) in the country. In the new constitution of Zimbabwe it has been enshrined that all Zimbabwean citizens are entitled to, among other things birth certificate and other identity documents issued by the state. In the process of registering the birth of a child a parent or guardian has to firstly notify through a hospital or through an informant to the Registrar’s officers which will register and issue a birth certificate within a week or two. Despite the availability of these legal instruments and officials ready to serve, many children are not registered and do not have birth certificate throughout the country. UNICEF estimated that between 2010 and 2012, only 49 percent of the children under the age of five were registered and issued with birth certificates in Zimbabwe. In rural areas approximately 70 percent of the children are not registered while in the urban areas 43 percent are not registered. It is also estimated that nearly 230 million children under the age of five have never been registered worldwide. Many parents or guardians who do not register their children always take for granted the importance of birth certificates. A child who does not have a birth certificate does not legally exist. This lack of formal recognition by the state means that the child does not have a legal name, nationality or citizenship rights neither ;neither can their age can be ascertained. The major hindrances in obtaining birth certificate are the bureaucracy at the registrar’s office, the rigorous systems, screening and vetting the parent the parent and the long distances that parents or guardians travel to the registrar’s office. Parents in some cases overlook or fail to understand the importance of a birth certificate and only rush when there is a pressing need like when the child is about to go to school, writing an examination, or when there are inheritance squabbles. Late registration fees imposed by the state may encourage parents to register their children early but the statistics prove that the state is imposing an unfair burden on families that find it difficult to register such as those living in resettlements, farms and remote rural areas which are poorly served by government services and cannot afford the fees no matter how now nominal it may be. Registered children are a step ahead in securing their future as they will be recognised by the law hence their rights will be safeguarded. Without a birth certificate a child may be denied access to health and education, forced into early marriages or be pushed into the labour market or be detained as adults if they are accused of a crime because no one can prove their age. These violations of child rights can only be averted if there is a concerted effort to register children all the time.

Statistically, it is important to register children because it tracks the entry and exit of a human being into the world and it will help in data gathering. This data will be necessary for the development of policies and programming in health, education, employment and industrial production. No proper planning by the government or local authority can be done without proper data from birth and death registration. Birth registration not only guarantees the fulfillment of a child's future rights but also serves as a foundation for accessing other essential rights. Consequently, it is the responsibility of the government to facilitate easy access to registrar offices, particularly for families in remote areas such as resettlements, farms, and rural regions. This includes eliminating late registration fees in disadvantaged communities. It is imperative to invest in Information and Communication Technology (ICT), especially mobile communication technologies, is crucial to expanding birth registration coverage and alleviating congestion in district or central registry offices, which has been a major factor contributing to slow service delivery. B

TOKWE MUKOSI: NO CHILD SHOULD BE LEFT BEHIND

During our church council meeting, discussions on various church matters came to a standstill when the topic of our pledged donation to Tokwe Mukosi was raised. It was a heartfelt call to aid the victims downstream of the dam, now relocated to the Chingwizi camp. Amidst the deliberations, my mind couldn't help but dwell on the plight of the children affected by this disaster. I firmly believe that no child should suffer due to circumstances beyond their control.

Currently, approximately 1000 children in Tokwe Mukosi are unable to attend school as they await relocation to safer areas in Chivi. The government has promised to expedite the construction of schools, appealing for $20 million from the international community to mitigate the crisis. Local and international organizations, as well as individuals, have already provided aid to this drought-stricken region of Masvingo, which experienced unprecedented rainfall this year, leading to the dam's structural issues.

The children of Tokwe Mukosi deserve a secure home, adequate nutrition, access to healthcare, basic education, and protection from harm. They face heightened vulnerability, both from the disaster itself and the risk of being neglected by the world, potentially falling into poverty or engaging in illicit activities, especially given their proximity to Ngundu business center and South Africa. As a former teacher near Tokwe Mukosi Dam, I witnessed first hand how some schoolchildren migrated to South Africa, disrupting their education and moral upbringing.

Such a calamity leaves children with limited options, putting them at risk of engaging in harmful activities to support their families. Should we wait for international donors or affluent individuals to contribute the $20 million needed? Have we considered the daily needs of rural children for survival? During the liberation struggle, children in camps were cared for and educated by dedicated individuals. It's time for us, as a free nation, to step up and make a personal commitment to support at least one child in reaching their potential.

The selection criteria for aiding a child may vary, but what matters most is taking action to secure their future. It doesn't require the involvement of NGOs, wealthy individuals, or political figures—it simply takes the compassion and sacrifice of ordinary individuals. Most donations from developed countries come from ordinary citizens moved by the plight of those in need, like the children of Tokwe Mukosi.

Zimbabweans are renowned for their generosity and compassion, not only for foreigners but also for their fellow citizens. Let's not allow pride to overshadow our resilience in helping those in despair. Together, let's ensure every child in Tokwe Mukosi is embraced with friendship and support, leaving no child behind.

Child Friendly Budgeting

                                                                               

With the introduction of the new constitution, much attention has been drawn to section 81 – children’s rights. Acknowledging children, who make up 45% of the Zimbabwe population (UNICEF, 2011), as a vulnerable demographic that requires the protection of the state is a pivotal moment in a step towards sustainable development in Zimbabwe. Zimbabwe National Council for the Welfare of Children (ZNCWC) commends the government of Zimbabwe for coming to this realisation. The child rights sector subsequently hopes to envision social policy that is biased towards children.

The provisions of children’s rights in the constitution are the ideal state of children’s welfare that we want to see in Zimbabwe. Tools and other mechanisms are required in order to arrive at this end goal. One of these tools is national and council budget. A budget is considered child friendly if it enhances the welfare of children by allocating adequate financial resources to sectors of the economy that directly and indirectly affect the welfare of children.

With this said, it is important for government and council alike to adhere to the recommendations of the Abuja, Dakar and Maputo declarations that were ratified in the early 2000s. The Abuja declaration promises to allocate 15% of GDP to the health sector, the Dakar declaration promises to allocate 20% of GDP to education and finally the Maputo declaration promises to allocate 10% of GDP towards agricultural development and food security.

A trend analysis of the past five years reveals that in the recent three years education has received allocations well above the requirements of the Dakar declaration. However there has been a lag in health and food security that has been in the ranks below 10%.

There is also a difference between allocations and actual disbursements. It is important to ensure that the allocated finances be disbursed in full to the relevant ministries so as to ensure efficient service delivery for the realization of children’s rights. Hence it is our duty and responsibility as citizens of Zimbabwe to ensure that finances that are allocated are disbursed and are used solely for their intended purposes. It is also imperative to be diligent in tracking the use of these finances by analysing the performance of the budget through active participation in the budget process. This encourages a citizen’s budget that performs optimally and in transparency

Zimbabwe Consider the Best Interest of Children

One of the greatest milestones that we as Zimbabweans pride ourselves in for the year 2013 is the adoption of a home grown constitution. We all are bound by the collective duty we enshrined the new constitution to uphold the rights of children. The previous constitution did not have a section on child right despite the fact that we as a nation had signed the UN Convention on the Rights of the Child (UNCRC) and the African Charter on the Rights and Welfare of the Child (ACRWC) but thanks be to the caring fathers and mothers of this country we have Section 19 and 81 in the new constitution which clearly spell out the rights of children and the obligation of all the duty bearers.

Section 19 paragraph 1 of the new Constitution states that “The State must adopt policies and measures to ensure that in matters relating to children, the best interest of the children concerned are paramount.” Matters relating to children go beyond what the sentence in the supreme law could cover in words and come down to our families, schools, work places and media. We sometimes are even afraid of discussing or addressing such issues as inheritance ,separation from parents, alternative care,  basic education for vulnerable children, supporting children living with HIV in platforms where children are to be consulted in fact we always endorse that tradition should be followed or any other guiding religious or cultural values should be imposed.

 Best interest of the child is not what many parents and guardians are afraid of; that is letting off the reigns and giving in to the ever increasing demands of the wishful and youthful demands of the child. It is important to understand that the UN Convention on the Rights of the Child (UNCRC) article 3 paragraph 1 state that; “in all actions concerning children , whether undertaken by public or private social welfare institutions, court of law , administrative authorities or legislative bodies, the best interest of the child shall be a primary consideration” This concept can only be fully applied if there are proper rights based approaches that will engage all actors to secure the wholesome integrity of the child and promote his or her human dignity.

Commenting on the rule of procedure on defining Child’s best interest, Musa Chibwana the Programs Manager at Zimbabwe National Council for the Welfare of Children (ZNCWC) ; stated that whenever a decision is to be made that will affect a specific child , an identified group of children or just children general , the decision –making process must include an evaluation of the possible impact (positive or negative) of the decision on the child or children concerned. This is an affirmation of the UNCRC General comment 14 (2013) in which the Committee agreed on the substantive right of the child’s best interest as a primary consideration. The Committee underlines that assessing the child’s best interests is a unique activity that should be undertaken in each individual case, in the light of specific circumstances of each child or group of children or children in general. Circumstances such as, inter alia, age ,sex , level of maturity, experience, belonging to a minority group , having a physical, sensory or intellectual disability, presence or absence of parents, the quality of relationship between the child and his or her family or care givers,  environmental safety and the existence of quality alternative means available to the family extended family or caregivers are some of the peculiar individual characteristics the child or children may find themselves in.

It is therefore imperative to not that the concept of the child’s best interest can be complex but should be adjusted and defined on an individual basis, according to the specific situation of the child or children concerned taking into consideration their personal context, situation and needs. In solving conflicts or in the case of divorce sometimes the authorities focus on the adults who are warring and splitting however the UNCRC General Comment 14 (2013) endorsed that in such cases attention must be placed on identifying possible solutions which are in the child’s best interests and the State has the obligation to clarify the concept especially in vulnerable situation.

It is clear that in many cases children are not able to express their interests explicitly let alone being aware of their own primary interests and this gives the duty bearers the role of safeguarding the well being of the voiceless children in cases of expression of interest as the primary consideration. It is the children’s constitutional right to be protected adequately by the courts and  in particular by the High Court as their upper guardian

Child rights and primary consideration of the best interest of the child does not dismiss the responsibility of the African child neither is it a creation of selfish and perpetually childish new crop of Africans. The African Charter on the Rights and Welfare of the Child (ACRWC) article 31 clearly states that every child shall have responsibilities towards his family and society, the State and other legally recognised communities and international community. Responsibilities include among many others, to work for the cohesion of the family, to respect his parents, superiors and elders at all times and to assist them in case of need. It is therefore a primary consideration to see the African child rising above all the challenges the continent may be facing and become an  epitome of strength and resilience celebrated and protected by the State, parents and guardians; and all those in involved in his or her welfare.