THE AFRICAN COMMITTEE OF EXPERTS REVEWS KENYA ON ITS COMPLIANCE WITH THE AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD
The African Committee of Experts on the Rights and Welfare of the Child (the Committee) has released its Concluding Observations and Recommendations following its review of Kenya’s compliance with the African Charter on the Rights and Welfare of the Child (ACRCW). The review of Kenya was based on the 2nd Periodic Report submitted by the Government of Kenya detailing the steps taken to protect and promote the rights and welfare of children in Kenya. The review was also informed by reports submitted by stakeholders including civil society organizations.
The Committee following the receipt of the Government’s 2nd Periodic Report and reports from stakeholders engaged in a dialogue with the Government of Kenya on the 8th September 2020. During the review, the Kenyan delegation led by the Cabinet Secretary in Charge of Labour and Social Protection Hon. Simon Chelugui was questioned on the steps it has taken to secure the rights and welfare of children in Kenya in accordance with the African Charter on the Rights and Welfare of the Child. The review focused on among other things; the age of criminal responsibility; the plight of children in the criminal justice system; the situation of children seeking asylum or displaced; the situation of orphaned and vulnerable children; infant and child mortality; violence against children, harmful cultural practices and sexual exploitation; quality of education in Kenya; plight of children with disabilities; child labour; and plight of children in street situations.
To inform the dialogue, the Commission submitted to the Committee a briefing report detailing the situation of children in Kenya informed by its mandate to monitor and report on the situation of human rights in Kenya. In its report, the Commission commended the State for enacting laws and policies geared towards protecting rights and welfare of children. The Commission however expressed concern over the following:
- Violence against children including harmful cultural practices against children;
- Likelihood of exclusion of children of stateless persons from registration through the proposed National Identification Integration Management System (NIIMS);
- Delay in amending the Children Act to align it to the Constitution of Kenya, 2010;
- Lack of adequate funding to the Kenya National Commission on Human Rights to implement its Constitutional mandate to promote and protect rights of all in Kenya including Children;
- Inequities in access to quality education for children in arid and semi-arid area and children with disabilities;
Non-implementation of the Prevention of Torture Act, 2017 as a means to address reported cases of torture and ill-treatment of children.
Following the constructive dialogue between the Government and the Committee, the Committee issued its Concluding Observations and Recommendations in November 2020. The Concluding Observations and Recommendations detail areas in which the government has made significant progress in protecting and promoting the rights and welfare of children. The Concluding Observations and Recommendations further highlight areas of concern and make recommendations towards improving the situation of children in Kenya. Specifically, the Committee commended Kenya for enacting legislation and establishing institutions and program geared towards protecting and promoting the rights and welfare of children. Notable efforts/programs commended include the establishment of Child Protection Units in police stations; and social protection schemes for orphaned and vulnerable children including cash transfer schemes. ; The Committee however noted amongst others the following key concerns to the welfare of children in Kenya:
- High rates of child mortality- The high rates of child mortality contributed by the prevalence of Malaria and HIV/AIDS and food insecurity and malnutrition. The Committee was further concerned with lack of access to clean water and sanitation for populations residing in rural areas and urban slums and informal settlements contributing to preventable communicable diseases amongst children. The concern was raised concomitantly with the concern of state of the health sector in Kenya with reports of insufficient personnel, medical equipment and drugs, delays in salary payment for health sector workers, protracted strikes of healthcare staff in the public sector (2017 and 2018) over wages and dire working conditions; poor service delivery despite high cost; inaccessibility of healthcare centers especially in rural and remote areas disproportionately affecting the economically disadvantaged population. The Committee urged the Government to take all appropriate measures to reduce alarmingly high rates of child mortality; to provide sanitation and access to safe drinking water targeting populations residing in rural areas and urban slums and informal settlements; and address food insecurity and malnutrition amongst children. The Committee further urged the Government to address concerns raised in the health sector.
- Violence against Children- The prevalence of violence against Children and the findings of the National Survey on Violence against Children which provides up to date information on the prevalence of violence against children. The Committee recommended that the Government takes concrete measures to eradicate violence against children and take action against perpetrators of child abuse and torture in schools, care facilities and communities. Additionally, the Government was urged to fully implement the Prevention of Torture Act, 2017
- Challenges in the education sector- in noting the measures taken to enhance access to education such as the 100% transition policy and change in curriculum, the Committee raised concern that teacher-student ratio, long distance to reach school, the security of children, psychosocial support for pregnant girls, equitable distribution and scarcity of teachers, low-cost private schools most prevalently in urban informal settlements; lack of clean and safe water in schools; and inadequate instructional materials, equipment and infrastructure were hampering realization of quality education for children in Kenya. The Committee recommended that the Government takes steps to address these challenges by investing resources towards building more schools, hiring teachers, improving school infrastructure by providing access to clean and safe water for school going children. The Government was also urged to fully implement re-entry guidelines for pregnant girls and address issues related to stigma and discrimination at schools and communities that prevent teenage mothers from returning to schools
- Strengthening institutions charged with responsibility of protecting and promoting rights and welfare of children- Whereas the Committee commended the Government for establishing institutions that are mandated to protect and promote the rights of children, the Committee made strong recommendations to provide adequate resources and capacity for the institutions to carry out their respective mandates. Amongst the institutions identified include the Kenya National Commission on Human Rights and the Street Family Rehabilitation Trust Fund charged with mandate to look into the plight of children in street situations.
The Commission notes that the implementation of the Concluding Observations and Recommendations of the Committee is key to improving the welfare of children in Kenya. It therefore behoves upon Government with the support of stakeholders to implement the recommendations received in November 2020. The Commission in its dual role as advisor and watchdog, will continue to advice, to monitor, and to report on progress made in implementation of these recommendations.
Kenya became a state party to the ACRWC on the 25th July 2000, committing to protect the rights and welfare of all children in Kenya. The rights contained in the ACRWC have been domesticated in chapter four of the Constitution of Kenya, 2010 specifically article 53; as well as the Children Act 2001 and other domestic legislation. The ACRWC requires Kenya to report on the measures it has taken to implement her obligations under the ACRWC.
For more information on Kenya’s review by the African Committee of Experts on the Rights and Welfare of the Child, contact us at haki@knchr.org