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Children

The Interagency Working Group on the EAC Child Policy

The Inter-Agency Working Group on Children (IAWG) is a group of international and regional non-governmental organisations that have supported the development and implementation of the East Africa Community Child Policy.

This group is composed of United Nations Children's Fund (UNICEF), The Office of the United Nations High Commissioner for Refugees (UNHCR), Save the Children International, Plan International, World Vision International, the African Child Policy Forum (ACPF), the African Platform for Social Protection (APSP), Regional Inter-Agency Task Team on Children Affected by AIDS (RIATT-ESA) and Elizabeth Glaser Paediatric AIDS Foundation (EGPAF).

The main goal of the IAWG is to support the EAC Secretariat and Partner States in the implementation of the EAC Child Policy and the formulation, implementation of related policies, global standards and norms. They support this function through the provision of technical and financial support and forging effective partnerships with Civil Society Organisations working in the area of children.

The IAWG also aims to work with the governments, other EAC Organs and the African Committee on the Rights and Welfare of the Child to promote accountability through regular and systematic monitoring and reporting of progress in the promotion of Child rights in the region.

Ratification, domestication and implementation of international instruments

Instruments Policy Priority Area 1:  Ratification, domestication, and implementation of international instruments

Objective: To promote a regional approach of ratification and domestication of international child rights instruments.


1.1. Develop an advocacy strategy for ratification and domestication of all pending Child Rights international instruments by Partner States.

  • Identify gaps in the ratification and domestication of International Child Rights Instruments

  • Country consultations based on the assessment of gaps

  • Develop an EAC Strategy on ratification and domestication

  • Implementation of the Regional Advocacy Strategy on ratification and domestication

1.2. Urge Partner States to develop implementation plans for the Child Rights international instruments.

  • Develop a common approach/ framework to NPAs in the EAC

  • Hold cross-learning Forums on the implementation of NPAs in the EAC

  • Build capacity of duty bearers for the implementation of NPAs

1.3. Put in place a monitoring mechanism to track the ratification, domestication and implementation of all Child Rights international instruments

Establish a harmonised Regional Periodic State Reporting Matrix on Status of ratification, domestication and implementation of International and Regional Child Rights Instruments




ProgressProgress in the implementation of Priority Area One:

  • So far, the baseline study on the implementation of Child Rights commitments by the EAC Partner States is the reference document highlighting the status of ratification and domestication of International Child Rights Instruments in the EAC Partner States.

  • Cognizant of the fact that the Baseline Study was carried before the Republic of South Sudan (RSS) joined the East African Community, the EAC Secretariat with support from the African Child Policy Forum (ACPF) commissioned a similar study in RSS. The Baseline Study on the implementation of Child Rights in the Republic of South Sudan is now complete.

 

Harmonization of national laws & policies to the African Charter, UNCRC and International Child Rights instruments

Instruments Policy Priority Area 2:  Harmonization of national laws & policies to the African Charter, UNCRC and International Child Rights instruments

Objective: To encourage all partner states to correspond and implement all national laws of international child rights instruments.


2.1. Harmonise the minimum ages of marriage, sexual consent, conscription into armed forces in line with the definition of the Child which is any person below the age of 18 years (as provided by the UNCRC and the ACRWC).

  • Identifying gaps between national and international laws on child rights

  • Ensure the inclusion of these basic children’s rights in the Constitutions and Child Acts of all Partner States

  • Enact an EAC Bill on Child Rights where Partner States laws are brought in compliance with the rights and freedoms enshrined in the UNCRC and the ACRWC

2.2. Define and harmonise the minimum age for criminal responsibility and employment across policies and legislations in Partner States

  • Harmonise national legislations with the provisions of the ACRWC and the CRC

  • Harmonised national legislation complies with International Labour (ILO) Standards on Child labour

2.3. Develop and implement a regional framework for the harmonisation of Child Rights related policies and legislations including Child justice

  • Hold consultations on child justice in the EAC

  • Develop a harmonised format/structure of the legislative measures to be undertaken by Partner States




ProgressProgress in the implementation of Priority Area Two:

  • In October 2018 the study on the Harmonization of Laws on Children by EAC Partner States was concluded. The study provided an in-depth analysis of harmonization of laws on children by EAC Partner States following their ratification of 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 study report also analyses some relevant thematic areas covered in the other nine objectives of the EAC Child Policy; and establishes that Partner States have done commendable work on harmonization of laws as guided by the UNCRC and the ACERWC but to varying extents. The study is a valuable tool for those Partner States that have not achieved much to build on the lessons of those that have made considerable progress.


 

Right to Citizenship and Identity

Instruments Policy Priority Area 3:  Right to Citizenship and Identity

Objective: All Partner States enhance birth and death registration systems


3.1. Strengthen the Birth and Death Registration Systems in all Partner States

  • Carry out an Assessment of the gaps in Birth and Death Registration Systems, especially in relation to marginalized groups or districts with particularly low birth registration rates.

  • Raise awareness on all Civil registration

  • Establish and strengthen electronic mobile registration systems in the relevant institutions

3.2. Ensure that each child has a nationality

  • Conduct a study on the impact of lack of nationality affecting children the EAC region

  • Establish electronic identity documents for all registered children among all Partner States (2018 – 2019)

  • Develop regional/national action plans that undertake relevant actions under the Global Action Plan

  • Build awareness on safeguards to prevent statelessness among children

  • Build capacity of legal professionals and the justice sector on statelessness, citizenship and nationality issues



 


 

Cross border Child Rights violations

Instruments Policy Priority Area 4:  Cross border Child Rights violations

Objective: To prevent and respond to all cross-border child rights violations in all Partner States


4.1. Put in place and strengthen a collaborative framework and administrative mechanisms that prevent and respond to cross border child rights violations

  • Conduct a baseline survey on child related border crimes

  • Conduct needs-assessment on existing border infrastructure, including preventive and response mechanisms and personnel capacities.

  • Develop training tools on mitigating cross border violations.

  • Conduct joint capacity building trainings of border management officers, local authorities, civil society on collective efforts in identifying and mitigating cross border violations and in child-sensitive reception and asylum systems.

  • Develop a collaborative framework, including information sharing among border authorities.

  • Establish child protection and guardianship systems for children deprived of parental care and child victims of trafficking and other cross border violations

4.2. Strengthen collaboration between development partners, UN agencies, Partners States and the EAC Secretariat to address cross border Child Rights violations

  • Establish an electronic system to track and record cross border movements of children with valid travel documents

  • Establish an Integrated Cross-Border child-rights violations Management Information system.

4.3 Strengthen the investigative capacities of cross border immigration and law enforcement agencies to be more responsive and vigilant to child rights violations.

  • Develop and disseminate circulate handbooks, manuals and other tools

  • Train law enforcement officials on investigation and mitigation of cross border violations of child rights.

  • Create public awareness on cross border child rights violations

4.4 Put in place a Juvenile justice system at the regional level

  • Harmonise the definition of ‘a juvenile’ and the age of criminal responsibility among Partner States

  • Institute separate correction and remand facilities, Juvenile courts, ensure due process and legal representation, protect the dignity of the juvenile and abolish corporal punishments.

  • Establish child protection units at police stations, as well as child-friendly courts.




ProgressProgress in the implementation of Priority Area Four:

  • There are various cross border issues in the EAC and some beyond the jurisdiction of the East Africa Partner States to neighbouring countries that may not be in the EAC. As such, Priority is outward oriented in approach, responsibility but also in the issues. It is against this background that the EAC aims to collaborate with the other RECs and the African Union to address common issues such as migration, refugee management, conflicts and disasters and other violations especially Female Genital Mutilation, Child Marriage and trafficking.

    Various workshops have been organized by African Committee of Experts on the Rights and Welfare of the Child (ACERWC) in the Regional Economic Communities including the East African Community (EAC). The objective is establishing a harmonised approach to curb and address child rights violations.

    The proposal for an ACERWC and Inter-REC collaboration plan was presented and adopted at the 34th Ordinary Session of the African Committee of Experts on the Rights and Welfare of the Child in November, 2019, in Cairo, Egypt.


 

Strengthening of national child protection systems and community mechanisms

Instruments Policy Priority Area 5:  Strengthening of national child protection systems and community mechanisms

Objective: Enforcing of child protection systems in the EAC region


5.1. Develop a regional framework for assessing the status of Child Protection Systems in the Partner States

  • Develop a regional mapping and assessment toolkit

  • Carry out a Mapping study to assess the child protection systems (formal and informal) in the region (or aggregate existing country level mappings) and the existing gaps in terms of workforce, service delivery and community protection mechanisms, as well as gaps in national coverage and possible marginalized group

  • Develop an EAC Regional Matrix of Child Protection Indicators

5.2. Promote the development and implementation of family strengthening and protection policies in Partner States

  • Harmonise and align with international standards the laws, policies and programmes in Partner States that affect child welfare and promote family support

  • Develop a Regional White Paper and Policy Framework For strengthening Families

5.3. Support the promotion of role of parents as the primary care givers in the Partner States

Ensure Partner States develop National Family policies with coherent parenting and ECD programming guidance

5.4. Establish alternative family-based care systems and expansion of kinship, foster care and other family reintegration services

Develop integrated framework on alternative care aligned with the UN Guidelines on Alternative Care which also address emergency situations and displaced and refugee children without parental care.

5.5. Strengthen community and national mechanisms for child protection

  • Carry a mapping assessment of existing Community based child protection mechanisms (CBCPMS), including those in refugee camps and settlements

  • Link the CBCPMS to the national child protection systems.

  • Develop a comprehensive regional MIS (reporting research, evaluation and data management database).

5.6. Ensure convergence of national development plans and programmes aimed at the preventing, responding and progressive elimination of all forms of Child Rights violations

Develop a framework of Partnerships with the United Nations Bodies Human Rights Treaty Bodies and Mechanisms, sub regional, regional, national mechanisms, Civil society organisations and Children on elimination of Child Rights violations.




ProgressProgress in the implementation of Priority Area Five:

  • The EAC has adopted a Framework for Strengthening Child Protection Systems and Community Mechanisms in the East African Community. The framework lays out a comprehensive agenda for harmonising of standards and approaches on promotion and protection of child rights across the EAC Partner States. It also provides practical guidance on addressing child protection more holistically, by giving greater focus on prevention and strengthening the critical roles of the key sectors and stakeholders. The Framework also helps Partner States to conduct self-monitoring and review for continuous strengthening of their national child protection systems through set of standardised indicators.

  • The EAC Secretariat with support from the African Child Policy Forum (ACPF) and Save the Children has so far conducted learning workshops in all Partner States; and in a bid to domesticate the framework into National Programming, Partner States have identified country-specific priorities and developed an action plan to fast track the implementation of the framework.


 

Providing quality education, health and social protection to children

Instruments Policy Priority Area 6:  Providing quality education, health and social protection to children

Objective: To encourage ministries to integrate programmes with other agencies and stakeholders


6.1. Develop and implement minimum regional standards for children in Education, Health and Social Protection

  • Harmonise National Plans of action with the Minimum Standards

  • Mapping of groups of children who are not able to access services or facing specific obstacles in doing so.

  • Develop EAC Regional Minimum Package of Services for vulnerable children and youth

  • Standardise the training curriculum for the Social Workforce in the EAC

  • Map the status of implementation of Article 24 of CRC (right of access to highest standard of health care services possible) among partner states.

  • Map the status of implementation of Article 28 of CRC (right of the child to education)

6.2. Improve access to and utilisation of quality health care services, education, social protection and other social services

  • Define and adopt quality education and healthcare standards for vulnerable children in EAC.

  • Conduct a study on social protection mechanisms in Partner States to inform the harmonisation and development of a regional framework.

  • Develop regional guidelines for designing and implementation of social protection in the region targeting all children.

6.3 Strengthen the integrated/Inclusive management of health, education and social protection services

Develop and implement a framework for the establishment of integrated Basic Social Services Networks for Child Survival and Development




ProgressProgress in the implementation of Priority Area Six:

The EAC has adopted the Minimum Standards for Comprehensive Services for Children and Young People in the East African Community. The Minimum Standards target all young people below the age of 24 years with a recognition that most times 18-24-year olds fall through the cracks if they have not been adequately supported throughout the various stages of childhood. The guiding principles of the Minimum Standards stress the importance of ensuring that services especially in Education, Health and Social Protection are accessible and appropriate for the wellbeing of all young people. The Minimum Standards use psychosocial wellbeing as the entry point to provide clarity and guidance as to what services are needed and at what levels, to ensure the holistic needs of children and young people are met. The With support from RIATT-ESA, the Minimum Standards have been published and disseminated in various fora and learning workshops.


 

Child protection in conflict and emergencies

Instruments Policy Priority Area 7:  Child Protection in Conflict and Emergencies

Objective: To provide an internal mechanism for detecting and responding to conflict and emergencies


7.1. Strengthen the protection of children affected by armed conflict, including children displaced due to armed conflict in collaboration with the African Union Commission.

Develop and implement a framework of institutional collaboration with the AUC and the African Committee of Experts on the Rights and Welfare of the Child on monitoring, accountability and reporting

7.2. Improve the regional disaster preparedness plans and disaster risk reduction to include children and child protection response.

Develop a harmonised and implement a regional Child focused Disaster Risk Reduction and Management Plan and DRR National Platforms.

7.3 Establish a Regional Child Emergency Fund

  • The EAC develops a fundraising mechanism for children in conflict and emergencies

  • Establish a fundraising mechanism [to support national capacity for child protection emergency response

7.4. Enhance meaningful child participation initiatives in peace building at national and regional level

  • Establish and implement Children’s Dialogue Framework on Peace building from grassroots levels to the regional level building on existing child participation national mechanisms.

  • Mainstream Peace education in the curricula at national level

7.5. Establish and implement mechanisms to address the protection of Children from all forms of abuse, violence, neglect, exploitation and extremism.

  • Enhance existing national plans of action to address children in emergencies and CAAC to protect them from abuse, violence, neglect exploitation and extremism

  • Develop community-based and national systems for identifying, enumerating, and documenting children outside of family care, including among refugee communities through approaches that can be used rapidly in emergencies.




ProgressProgress in the implementation of Priority Area Seven:

The EAC Secretariat participated in the 2019 in the Pan African Conference on Children and Armed Conflict that was held from 15-17 October 2019 in Addis Ababa, Ethiopia. The EAC committed to promote the protection of children in armed conflict and to prevent violations by implementing the following actions:

  1. Establish mediation mechanisms with a mandate to engage and dialogue with all political actors, communities, local leaders, and the armed groups. For example, establish a panel of eminent persons from neighboring countries who are accepted, respected and regarded as impartial.
  2. Strengthen the existing early warning mechanisms such as the AU/EAC Conflict Early Warning and Response Mechanism to identify violence hot spots and potential conflict situations
  3. Institute measures to ensure safety for children in existing public spaces as well as ensuring availability of new safe public spaces for children.
  4. Conduct trainings and capacity building of defence forces, standby forces and peace keeping missions on humanitarian principles, human rights and child protection.
  5. Increase documentation and collection of evidence on violations of child rights.
  6. Promote and enable birth registration without time limitations at the country level through concrete safe measures (children ask) - birth registration in emergencies
  7. Include child protection indicators in the M&E framework for silencing the guns targets.

The EAC also committed to fastrack specific actions for the Republic of South Sudan and Burundi as follows:

A: Focused and Accelerated Program for South Sudan (based on the 2018 Baseline Study on Child Rights in South Sudan)

  1. To strengthen the Child Protection System in South Sudan (as guided by the EAC Framework for Strengthening Child Protection Systems) especially building the capacity of the social service workforce.
  2. Undertake a sustained advocacy and awareness programme for Government to provide Humanitarian Access and Security (to facilitate service provision but also reporting violations committed against children and the perpetrators - for proper accountability).
  3. Support the government of the Republic of South Sudan on Child Rights Governance especially the ratification and submission of the initial report of the African Charter on the Rights and Welfare of the Child; and implementation of the EAC Child Rights monitoring and reporting framework.

B: Support for the Republic of Burundi

  1. In Monitoring and Reporting on the UNCRC, ACRWC, and the EAC Child Policy.
  2. Conduct a needs assessment of the demobilized and reintegrated youth and children including capacity building in order to support the government of Burundi in designing a responsive Technical Vocational Education Training (TVET) programmes.  

 


 

Resourcing of Child Welfare Services and Institutions

Instruments Policy Priority Area 8:  Resourcing of Child Welfare Services and Institutions

Objective: To increase resources and upgrade the level of investment for resourcing of child welfare services.


8.1. Strengthen human and financial resources at the EAC Secretariat to monitor and coordinate Child Rights in the region

  • Establish and operationalise a Youth and Children Desk at the EAC Secretariat

  • Develop an Interagency Funding Strategy for Promotion Child Rights and Welfare in the EAC

  • Develop and implement a multi-sectoral approach for funding and monitoring CRs in the region

8.2. Promote evidence-based research, information sharing and advocacy to key decision makers at national and regional level to influence investment in children for economic development

  • Develop and implement evidence-based research strategy with research priorities on investment in children

  • Develop a platform for knowledge sharing among policy makers, universities, research think tanks and Civil Society.

  • Facilitate Regional and International Exchanges to support cross-country learning and sharing of best practices

8.3 Prioritise Child Rights issues in national and regional plans, budgets, projects and programmes

  • Incorporate the objectives of the regional policy in strategic and operational planning at Partner States level

  • Convene quarterly working group meetings to report on the Status of Child Rights in the Partner States

  • Convene an annual regional meeting to report on CRs

  • Develop an EAC Child Rights Score Card




There is currently no institutionalised budgeting and funding strategy for Child Rights both at regional and national levels. There is need to follow through with the commitments of the 2nd EAC Child Rights Conference whose theme was on ‘Investment in Children’.

Thus, there is need to conduct an analysis on Child Responsive Budgeting in the EAC in response to the UN Committee on the Rights of the Child General Comment No. 19 on Public Budgeting for the Realization of Children’s Rights.

 


 

Monitoring, Evaluation and Reporting of Child Rights

Instruments Policy Priority Area 9:  Monitoring, Evaluation and Reporting of Child Rights

Objective: To develop coordination of monitoring, evaluating and reporting of child rights among the Partner States and other experts on children


9.1. Develop and implement a regional Monitoring and Evaluation System on Child Rights including tools to monitor compliance and enforcement

  • Training of key actors such as the Ministries, Child Rights Experts, CSOs in areas such as budget tracking and monitoring human rights compliance

  • Develop a Regional Evaluation Toolkit on human rights compliance and enforcement

9.2. Strengthen linkages between the AU Committee of Experts and the EAC to monitor and report progress on Child Rights

Develop standards in monitoring and reporting children's rights violations and status of implementation of Regional, Sub Regional and International Commitments to the ACERWC and the EAC

9.3. Document and share best practices among Partner States and in collaboration with the Civil Society, Private Sector, development partners and other stakeholders for learning purposes

  • Develop and operationalise an online information and social media portal for Children in the EAC

  • Organise Annual Conferences and Forums to share best practices among Partner States



ProgressProgress in the implementation of Priority Area Nine:

  1. In an effort to implement the priority area, the EAC Secretariat with support from ACPF has finalised the regional framework for monitoring, evaluating and reporting on child rights within EAC. The framework aims primarily to promote accountability for child rights at Partner States level. The framework in addition to enabling Partner States and EAC Secretariat to monitor and evaluate compliance and enforcement on the Child Policy will also guide Partner States in harmonizing and streamlining their reporting obligations under various international instruments, notably the ACERWC and UNCRC. The framework provides a set of standardized indicators for Partner States to continuously self-monitor, evaluate and report progress to the EAC policy organs, encourage peer review and continuous learning, reflection and policy guidance.

The EAC will this year conduct a review of the implementation of the Child Policy and also provide a regional report on Status of Implementing the African Charter on the Rights and Welfare of the Child.

 


 

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