Government of Kenya

2

Government of Kenya

Kenya’s Mid-term Review Report on progress achieved in the implementation of the AU Plan of Action on Children –

“Africa Fit for Children”

July 2007

INTRODUCTION

Kenya ratified the African Charter on the Rights and Welfare of the Child (ACRWC) in 2000 like other countries in Africa. Articles of the Charter aim at ensuring child survival and development.

In 2000, the United Nations Special Session on Children (UNGASS) came up with a time-bound set of specific goals for children and young people to be pursued by State Parties. These goals are contained in the document A World Fit for Children.

They are in four broad areas: Promoting healthy lives, providing quality education, combating HIV/AIDS and Protecting against abuse, exploitation and violence.

The African Union (AU) took a common position in May 2001 known as African Common Position on Children otherwise ‘Africa Fit for Children’. Heads of State and governments reaffirmed their responsibility to realizing the full range of rights of children. They came up with a Declaration and Plan of Action to guide member states in pursuing child rights.

Consequently, member states of the AU were requested to report on the achievements made towards attaining the goals set out in the UNGASS declaration. This would enable the AU Secretariat elaborate an African common position on children to be tabled at the United Nations General Assembly special session on children as Africa’s contribution.

This report provides information that reflects the situation of children in Kenya on issues raised by the questionnaire from the African Union. The report focuses on data and statistics general measures of implementation, dissemination of the United Nations Convention on the Rights of the Child (UNCRC) and the ACRWC, legislation and policies among other issues.

We hope that this document will provide adequate answers to the issues raised by the AU Secretariat and elucidate the situation of the Kenya child.

List of Acronyms

AAC Area Advisory Council

ACRWC African Charter on the Rights and Welfare of the Child

AIDS Acquired Immuno-Deficiency Syndrome

AMREF African Medical and Research Foundation

ARV Anti-Retroviral

ASAL Arid and Semi-Arid Lands

BEOC Basic Essential Obstetric Care

BoG Board of Governors

CAS Country Assistance Strategy

CBO Community Based Organisation

CEOC Comprehensive Essential Obstetric Care

CIDA Canadian International Development Agency

CRC (UN) Convention on the Rights of the Child

CSO Civil Society Organisation

DCS Department of Children Services

DFID Department for International Development

ERS Economic Recovery Strategy for Wealth and Employment Creation

FBO Faith Based Organisation

FGM Female Genital Mutilation

FPE Free Primary Education

GCN Girl Child Network

GJLOS Governance Justice Law and Order Sector

GoK Government of Kenya

HIV Human Immuno-deficiency Virus

ILO International Labour Organisation

IMCI Integrated Management of Childhood Illness

IMR Infant Mortality Rate

IPEC International Programme on the Elimination of Child Labour

ITN Insecticide treated nets

JICA Japan International Cooperation Agency

KAACR Kenya Alliance for Advancement of Children

KCO Kenya Country Office

KDHS Kenya Demographic and Health Survey

KEMRI Kenya Medical Research Institute

KEPI Kenya Expanded Program on Immunization

KES Kenya shillings (US $1= Approx. KES.75)

KNCHR Kenya National Commission on Human Rights

KIBHS Kenya Integrated Household Budget Survey

MDG Millennium Development Goals

MNT Maternal and Neonatal Tetanus

MoEST Ministry of Education Science and Technology

MoH Ministry of Health

MoPND Ministry of Planning and National Development

MPET Master Plan on Education and Training

NACADA National Agency for the Campaign Against Drug Abuse

NCC Nairobi City Council

NCCS National Council for Children Services

NGO Non-Governmental Organisation

NHSSP National Health Sector Strategic Plan

NPAN National Plan of Action for Nutrition

NSHIF National Social Health Insurance Fund

OVC Orphans and Other Vulnerable Children

PMTCT Prevention of Mother to Child Transmission

PRSP Poverty Reduction Strategy Paper

SIDA Swedish International Development Agency

SOWCR State of the World’s Children Report

SWAP Sector-wide Approach to Planning

UNCRC United Nations Convention of the Rights of the Child

UNESCO United Nations Educational, Scientific and Cultural Organisation

UNFPA United National Population Fund

UNHCR United Nations High Commission for Refugees

UNICEF United Nations Children’s Fund

UPE Universal Primary Education

USAID United States Agency for International Development

VCT Voluntary Counselling and Testing

WHO World Health Organisation

AFRICAN UNION

/

UNION AFRICAINE

UNIÃO AFRICANA

Addis Ababa, ETHIOPIA P. O. Box 3243 Telephone 5517 700 Fax:517844

ACERWC/8/7-Rev.2

AFRICAN COMMON POSITION ON CHILDREN -

‘AFRICA FIT FOR CHILDREN’

(Questionnaire and Framework for reports on progress achieved by Member States towards the implementation of the AU Plan of Action on Children - Africa Fit for Children).

Background

It will be recalled that pursuant to the decision taken by the UN General Assembly to hold a Special Session on Children in September 2001 the 72nd Session of the then OAU Council of Ministers adopted Decision CM/Dec. 542(LXXII) Rev. 1 requesting the OAU Secretariat to elaborate an African Common Position on Children to be tabled to the UN General Assembly Special Session (UNGASS) on Children as Africa’s contribution.

In implementation of the above Decision, a draft African Common Position was developed. The document was shared with a wide number of UN Agencies, regional and national NGOs and other stakeholders for inputs. The first draft was submitted to the April 2001 Session of the OAU Labour and Social Affairs Commission which requested Member States to submit further inputs to enrich the document. Subsequently, the draft Common Position was considered and adopted by the Pan-African Forum on the Future of Children held in Cairo, Egypt in May, 2001 and endorsed by the 74th Session of the OAU Council of Ministers and 37th Assembly of Heads of State and Government in July 2001.

In adopting the African Common Position which consists of a Declaration and a Plan of Action, Member States recognised that the future of Africa lies with the well being of its children and youth and reaffirmed their responsibility to realising the full range of the rights of children. They also committed themselves to respond to the needs of Africa’s children, in particular, the most vulnerable.

The adopted Plan of Action is the policy framework for implementing the goals set out in the Common Position. It provides guidelines and key objectives to be achieved and gives latitude to Member States to formulate their own mechanisms based on their national needs and specificities. The priority areas identified in the Plan of Action include: the overall framework for realising the rights of the child in Africa, in particular, the call for realistic National Plans of Action; enhancing the life chances; overcoming HIV/AIDS; realising the right to education; realising the right to protection, including, legal and protection against violence, abuse and exploitation; and participation of youth and children. It also calls for actions to be undertaken at all levels and for an international partnership to assist in realising the rights of children in Africa. Furthermore, it provides follow up and monitoring guidelines for various stakeholders to implement the Plan of Action at national, regional and continental levels. The Plan of Action describes them as follows:

Levels / Structure / Activities
National / National Mechanism / a) Develop clear and realist national plans with achievable goals, clear timetables with adequate resources;
b) Review progress in the implementation of the PoA on annual basis
c) Establish mechanisms for high level supervision and monitoring of policies and ensure the implementation of national programmes for and with children;
d) Establish participatory monitoring mechanisms to allow communities, civil society Organisations and children to monitor the programmes intended for children as well as child rights abuses and violations;
e) Use disaggregated data by geographical units and population groups to enable decision-makers understand data better and formulate appropriate decisions on children and their rights
Regional / RECs / Monitor Member States in the implementation of the PoA, evaluate the performance in achieving the goals and propose measures to be taken accordingly
Continental / AU Commission / a) Monitor Member States in the implementation of the PoA and in achieving the set goals
b) Produce regular biennial report on the status of the African child;
c) Hold special sessions for children every two years to review progress in implementing commitments to children’s rights and welfare;
d) Conduct mid-term review on progress achieved in implementing the PoA in 2006
e) Present joint report to AU Summit focussing on specific issue relevant to children
f) Encourage development of information systems at country level capable of generating data and the situation of the African child
African Committee of Experts on the Rights and Welfare of the Child / a) Monitor Member States in the implementation of the PoA, evaluate performance in achieving the goals and propose measures to be taken;
b) Examine the special needs of African children and evaluate the implementation of the provisions of the ACRWC;
c) Disseminate the Declaration and PoA as widely, inform teachers and community leaders about the significance of the Common Position with a view for them to teach its contents and involve children in pursuing strategies to monitor its implementation and realise their rights

The following questionnaire has been developed within the framework of the mandate given to the AU Commission in the Plan of Action and in Decision Assembly/AU/Dec.75(V) to conduct a Mid-term Review to assess progress achieved in implementing the Plan of Acton.

However, achievements are country specific. For ease of reference and harmonisation in the collection of data and information across the continent, a simple framework has been designed to that effect

Completed Questionnaire

Identification:

Country’s Name / Kenya
Ministries in Charge of Children issues
Address:
Tel:
Fax:
E-mail: / Ministry of Home Affairs
Department of Children’s Services
P.O Box 46205
Nairobi
GPO 00100
+254 20 228411

Other Ministries dealing with issues related to children / Ministries:
·  Ministry of Planning
·  Ministry of Finance
·  Ministry of Health
·  Ministry of Education
·  Ministry of Labour
·  Ministry of Youth
·  Ministry of Gender, Sports Culture and Social Services
·  Ministry of Justice and Constitutional Affairs
·  Ministry of Immigration and Registration of Persons
·  Ministry of Local Government
·  Ministry of State for National Security and Provincial Administration
·  Ministry of State for Special Programmes / Departments:
·  Kenya National Bureau of Statistics (KNBS)
·  National Aids Control Council (NACC)
·  National Coordinating Agency for Population and Development (NCAPD)
·  National Agency for Campaign Against Drugs and Substance Abuse (NACADA)
·  Department of Civil Registration (DCR)
·  Street Families Rehabilitation Trust Fund (SFRTF)
·  Police Department
·  Prison Department
·  Department of Probation and Aftercare.
·  Judiciary
·  Attorney General’s Chambers
·  Office Public Prosecutor
·  Provincial Administration
·  Immigration
Structure mandated to follow-up on the implementation of action plans for children / The National Council for Children’s Services
P.O Box 6446
Nairobi
00100
+254 20 310257

PART I

Initiatives taken in safeguarding the best interest of the child in all development matters.

Actions required

/ Examples / Country Status
1. / Ratify the African Charter on the Rights and Welfare of the Child / - Year of ratification / ·  Kenya Ratified the African Charter on the Rights and Welfare of the Child in 2000
2. / Implement the provisions of the Charter / - Children’s Act
- Child Protection Act
- Labour Laws etc / ·  Children Act, 2001 in place and under review
·  Sexual Offences Act, 2006
·  Refugee Act, 2006
·  Education Act (1982), Taskforce currently reviewing the Act guided by the Children Act
·  Public Trustee Act Cap 168
·  Succession Act Cap 160
·  Persons with Disabilities Act (2003)
·  Adoption Regulations (2005)
·  Youth policy
·  Teachers Service commission Act
·  Adolescent Reproductive Health Policy
·  Early Childhood Development Policy, 2006
·  Charitable Children’s Institutions Regulations,2005
3. / Accede to or ratify other regional and international instruments / - UN Convention on the Rights of the Child;
- The Palermo Protocol;
- The Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography;
- The Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts;
The ILO Convention No.182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour etc…
Convention 138 on minimum age of employment / ·  Ratified the UNCRC in 1990
·  Acceded to in 2005
·  Signed in 2000 but not ratified
·  Signed in 2000, Ratified in 2002
·  Ratified 2001
·  Ratified in 1979
·  The Employment Act sets minimum age of entry into employment (light work) at age sixteen (16)
4. / Legislate and domesticate international instruments into National Legislations / - Children’s Act,
- Child Protection Act,
- Labour Laws translating into concrete actions the ILO Convention no.182 on the worst form of labour etc. / ·  Children Act 2001 incorporates issues identified in the UNCRC and the ACRWC.
·  Child protection issues are incorporated in the Children Act which is currently under review
·  Labour laws have been reviewed and a labour bill is currently before parliament.
·  The employment bill part 7 provides for the protection of children against child labour. The penalties on perpetrators have been made more punitive. Where the Offence constitutes Worst Forms of Child Labour offender shall be liable to a fine of Kshs. 50,000 or maximum imprisonment of 12 months or both.
·  Draft guidelines on child participation.
·  Charitable Children’s Institutions Regulations, 2005
·  National Early Childhood Development Policy, 2006
·  Adoption Regulations, 2005
·  Orphans and Vulnerable Children draft Policy.
·  Sexual Offences Act, 2006
5. / Reporting on Implementation of the African Charter on the Rights and Welfare of the Child / Year report(s) were submitted / ·  Initial report submitted in 2007
6. / Provide Institutional responses/ programmes to address Children’s problems / - Establishment of Ministry for Children’s Affairs,
- Children’s Desk at the Ministry of Health or Gender,
-National Children’s Council;
Ombudsperson for children’s Office,