Table of Contents.

Acronyms and Abbreviations 3

Acknowledgment 4

Foreword 5

Background 6

Rationale of Guidelines 7

Objectives of AACs 8

Functions of AACs 8

Functions of District AACs 8

Functions of Divisional AACs 9

Functions of Locational AACs10

Composition of AACs11

Composition of District AAC11

Composition of Division AAC12

Composition of Locational AAC13

Co-option of members13

Criteria for nomination of members13

Procedure for nomination of members14

Dismissal of members15

Thematic Working Groups16

Proceedings of AACs16

Coordination of AACs17

Reporting of Activities of AACs17

Recognition and Capacity Building17

Annex 1: Levels and Structure of AACs18

Annex 2: Reporting Structure of AAC19

Acronyms and Abbreviations.

AACArea Advisory Council.

CAChildren Act.

CBOCommunity Based Organisation.

CCICharitable Children’s Institution.

CRCConvention on the Rights of the Child.

CSOCivil Society Organisation

DCDistrict Commissioner

DCACDistrict Children Advisory Committee.

DCODistrict Children’s Officer

DCSDepartment of Children’s Services.

DODistrict Officer

FBOFaith Based Organisation

NCCSNational Council for Children’s Services.

NGONon Governmental Organisation.

OVCOrphans and Vulnerable Children.

PCOProvincial Children’s Officer.

VCOVolunteer Children Officer.

1

Acknowledgment.

The National Council for Children Services wishes to extend its gratitude to the following partners who contributed towards the development of these guidelines:

World Vision Kenya and Save the Children Canada, who offered technical and financial support.

African Network for the Prevention and Protection against Child Abuse and Neglect (ANPPCAN-Regional Office) for invaluable advice and comments.

In addition, we appreciate the input of the following stakeholders during the validation workshop held on 17th May 2006: ANPPCAN Kenya chapter, Care International in Kenya, Child Life Trust, Hope for Africa Initiative Kenya (HACI-K), Center For Research Communication And Gender In Early Childhood Education (CRECHE), Twana Twitu, Ministry of Health, Ministry of Education, the Kenya Police and Probation Department.

Members of the National Council for Children Services, its secretariat and Children Officers are appreciated for their contribution throughout the process

Last but not least, the Council would like to thank Bobby Mkangi who provided necessary consultancy services.

Mr.Ahmed Hussein

Secretary,National Council for Children Services and

Director of Children’s Services.

Foreword

The Children Act, which domesticated the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, contains provisions to ensure fulfillment, protection and respect of the rights and welfare of children in Kenya. The National Council for Children Services (NCCS) was established in 2002 following the enactment of the Children Act of 2001. The Council has the mandate to exercise general supervision and control over the planning, financing and co-ordination of child rights and welfare activities and to advise the Government on all aspects related to the rights and welfare of children in Kenya.

The rights, welfare and interests of children are best safeguarded at the community level. For this reason, the Council is mandated to establish Area Advisory Councils (AACs) to address issues pertaining to children at the district, division and location levels. It is, in this respect, recognized and appreciated that communities understand best the issues affecting children in their areas and enhance the delivery of service in a decentralized system.The composition and mandate of AACs is borrowed from that of NCCS with regard to public and private sector partnership

For AACs to function effectively, NCCS has, with the participation of stakeholders, drawn these guidelines which will act as beacons of operation for them. The guidelines offer direction in many diverse issues affecting AACs, including their composition and mandate. The NCCS is confident that these guidelines will streamline the operation of AACs in the country and, in turn, ensure that service delivery to children is enhanced -and thus strengthen the supervisory and co-ordinational roles of NCCS at the national level.

The NCCS wishes to express its hope that all stakeholders in the children sector, will own, put into use and be committed in the implementation of these guidelines.

DENIS AFANDE, CBS

CHAIRMAN

NATIONAL COUNCIL FOR CHILDREN SERVICES

BACKGROUND

It is a well appreciated fact that the rights and best interests of children are best safeguarded at the community level That is why as shown below; both at an international and local level, laws and policies have been formulated to empower communities to effectively safeguard the rights of its children. Community participation in the planning and decision making process on issues affecting children, guarantees better delivery of services to the children andguarantees their rights and welfare.

International Perspective.

On 20th November 1989, the International community under the umbrella of the United Nations adopted the Convention on the Rights of the Child (CRC) to safeguard the rights of all children in the world. The CRC protects the four pillars of children rights; survival, development, protection and participation.

Kenya ratified the CRC on July 30th 1990, committing itself to the protection of the rights of children in Kenya as prescribed in the CRC. Amongst other important articles, Article 5 of the CRC urges Governments to respect the responsibilities, rights and duties of communities, as provided for by local custom, to provide for in a manner appropriate to the evolving capacities of children, appropriate direction and guidance in the exercise by the child of the rights recognized in the CRC. This lays the beacons for community participation in safeguarding the rights of children.

Regionally, echoing the very words of the CRC in an African context, the African Union (AU, formerly known as the OAU) adopted the African Charter on the Rights and Welfare of Children (ACRWC) in July 1990. Kenya ratified the Charter in the year 2000.

Local Perspective.

The ratification of the CRC in 1990 meant that Kenya had committed itself to the implementation of its provisions. This was done through the enactment of the Children Act (CA) 2001. The CA facilitated the implementation of both the CRC and the ACRWC, by having their provisions in it. The CA amongst other things forms the NCCS which is given the powers to form the AACs charged with the responsibility of safeguarding the rights of children in their areas of operation; through community participation.

RATIONALE FOR GUIDELINES FOR AACs.

The AACsformerly known as District Children Advisory Committees (DCACs) were formed in 1992 through a Presidential Administrative Directive to address issues affecting children at the District level. This was in line with the then District Focus for Rural Development policy, which was formulated to decentralize delivery of Government services to wananchi;from the National to the district level with the understanding that the local people understood their problems better. Therefore, DCACs were created to address children’s issues at the district level so as to ensure that their best interests and priorities were met specifically.

However, during that period, membership of DCAC was not well defined. All the Heads of departments from line ministries dealing with children and all the NGO’S, Faith Based Organizations, Community Based Organizations were welcomed to participate in the meetings which at times numbered up to 60 people. The various sub committees formed differed from one district to another and while some Districts had bank accounts and had developed constitutions to govern their operations, others did not. Funding for the DCAC was problematic; with no particular source of funds to enable them carry out their activities. Training of the DCAC members also differed from one district to another.

With the enactment of the Children Act in 2001, the DCAC was renamed as the AAC, which is to be established by the NCCS. The AAC is therefore a statutorily recognized structure with legal guidance on its composition and mandate. AACs represent the NCCS in their areas of operation. Further,the removal of the term District means that the AAC can now devolve beyond the district to operate at the divisional and locational levels.

It is against the above background that these guidelines have been developed.

They shall provide performance standards for AACs in Kenya. They aim to give guidance and direction with regard to the formation and the day-to-day operations of AACs. They shall be interpreted within the context ofSection 32 subsection (2) q of the Children Act (Cap 586 laws of Kenya)which gives the NCCS the duty to establish AACs

The guidelines shall apply to all the members of AAC and other relevant stakeholders working with and for children.

The guidelines will be subjected to review after three years for implementation, monitoring and evaluation.

OBJECTIVES OF AREA ADVISORY COUNCILs (AACs).

he objectives of AACs shallecho those of the NCCS provided for in Section 32 (1) of the CA. Specifically, the objectives of the AACs shall be:

To exercise general supervision and control over the planning, financing and coordination of child rights and welfare activities in their areas of operation;

To advise the government through the NCCS on issues of child rights and welfare of children in their areas of operation.

FUNCTIONS OF AACs.

Thefunctions of the AACs shall be guided by the NCCS and shall facilitate the implementation of the decisions and policies formulated by the NCCS.

Primarily their work shall be to safeguard the survival, development, protection and participation rights of children which are contained in the CRC, the African Charter on the Rights and Welfare of Children and the Children Act 2001.

Additionally, AACs shall work towards the enhancement of the welfare of children in their areas of operation. In particular, they shall ensure that the best interests of children in need of care and protection such as Orphans and Vulnerable Children (OVC) are safeguarded.

Their operations shall be guided by the guiding principles of exercising the rights of children provided for in the CRC, African Charter on the rights and Welfare of the Child and the CA. These are:

The best interests of the child;

The Child’s opinion(participation);

Non-discrimination (protection); and

Maximum survival and development.

The functions shall be defined according to the AACs areas of operation, i.e. District, Division or Location.

Functions of District AACs.

  1. To supervise and regulate planning, financing and coordination of children welfare programmes in the district. In addressing the best interests of children in the district, it shall Identify needs and priority areas in the district and recommend appropriate action to relevant authorities.
  1. Mobilize resources and facilitate funding for identified programmes andactivities in the district. The AAC shall link child rights and welfare activities in the area with other support systems and resources within the districts such as Constituency Development Fund (CDF), Constituency Bursary Fund (CBF), Local Authorities Transfer Fund (LATF) and others.
  1. Through advocacy,promote and create public awareness on child rights and child protection and the laws thereof and in particular the Children Act and other laws both local and international and support their implementation in the district. In line with this, it shall facilitate and participate in the State’s Reporting process in the implementation of International laws and obligations relating to children.
  1. Facilitate Partnership and networking among the stakeholders. In the same vein,facilitate the establishment of child protection referral systems at all levels. In achieving the above, it shall identify and establish directory of relevant Children’s Services providers in the district.
  1. Oversee, supervise, regulate and recommend for approval and disapproval of charitable children institutions and programs in line with the CA and the Children (Charitable Institutions) Regulations, 2005.
  1. Facilitate capacity buildingof all stakeholders and service providers in the district through training and other ways. It shall recruit, buildcapacity, supervise and monitor the conduct and activities of Volunteer Children Officers (VCOs) in the district.
  1. Facilitate strengthening of data collectionand creation of data bankson children issues and facilitate the dissemination andsharing of information amongst stakeholders.
  1. Monitor, evaluate and report on the implementation of Child Rights and welfare activities in the district using tools developed by NCCS.
  1. Undertake any other function that it may be assigned by the NCCS.

Functions of Divisional AACs.

AACs at the divisional level will report to the District AACs and shall generally undertake some of the functions of the District AAC at that level. In particular, its activities shall be:

  1. Supervise and regulate planning and coordination of children welfare programmes in the division. In addressing the best interests of children in the division, it will Identify needs and priority areas in the division and recommend appropriate action to district AAC and other relevant authorities. It shall also assist the district AAC in the vetting of child welfare programmes in the division pending their approval or disapproval.
  1. Participate in mobilization of resourcesfor identified programmes andactivities in the division.
  1. Through advocacy, promote and create public awareness on child rights and child protection and the laws thereof and in particular the Children Act and other laws both local and international and support their implementation in the division.
  1. Facilitate the formation of Partnership, linkages and networking among the stakeholders in the division.
  1. Identify needs and coordinate activities aimed atbuilding the capacity of stakeholders and service providers in the division.
  1. Facilitate the collection of data and creation of data bankson children issues and facilitate information sharing amongst stakeholders.
  1. Participate in Monitoring and evaluation of the implementation of Child Rights and welfare activities in the division.
  1. Undertake any other functions as directed by the NCCS or by the District AAC.

Functions of the locational AAC.

The location AAC will report to the relevant division AACs and will undertake the services of the divisional and district AACs at the locational level. In particular it shall:

  1. Participate in the coordination of children welfare programmes in the location. In addressing the best interests of children in the location, it shall Identify needs and priority areas in the location and recommend appropriate action to relevant authorities. It shall also assist the district AAC in the vetting of child welfare programmes in the location pending their approval.
  1. Identify and link children in need of care and protection such as OVC to support agencies and structures. In line with this it shall respond to cases of child abuse and all forms of violation of the rights of children in the location. In meeting the best interests of each child in the location, the Location AAC will work with other structures such as Sub-locational Committees, village committees, Community Own Resource Persons (CORPS), paralegals, Community Health Workers and Home Visitors. Where such structures do not exist, the AAC with the facilitation of the District AACs will endeavour to form them in the location.
  1. It shall undertake activities aimed at , promoting and creating public awareness on child rights and child protection and the laws affecting children; in particular the Children Act and other laws both local and international and support their implementation in the location.
  1. It shall support networking by Creating linkages and Partnerships between stakeholders in the location.
  1. Participate in data collectionand dissemination of information on children issues and facilitate information sharing amongst stakeholders in the location.
  2. Participate in Monitoring and evaluation activities in the implementation of Child Rights and welfare activities in the location.
  1. Undertake any other functions as identified by the NCCS or district and division AACs.

COMPOSITION OF AACs.

The membership of AACs shall broadly be guided by the provisions governing the composition of the NCCS in section 31 (1) of the CA. The CA incorporates relevant Government Departments and Ministries, CSOs, FBOs and the private sector in the composition of the NCCS. This shall also be done in the AACs.

However, it is appreciated that membership of AACs shall greatly be influenced by the levels (district, divisional and locational) and circumstances in the area of operation.

The composition of AACs at all levels shall try to ensure that of all its members, at least a third of each gender is represented so as to guarantee gender parity.

Composition at District level:

The District AAC shall consist of:

The District Commissioner (DC) who shall be the Chairperson of the AAC;

The District Children Officer(DCO) who shall be the Secretary of the AAC;

The following Line ministries and Government departments shall be permanent members of the AAC. They shall be represented by:

District Education Officer;

District Medical officer; of Health;

Officer commanding Police Division (OCPD);

District Social Development Officer;

District Probation officer;

Clerk to the Council;

Council Chairperson or equivalent;

District Labour officer;

District Information officer;

Registrar of Birth & Deaths;

Children’s Magistrate or representative from the Judiciary;

District Planning Officer.

The following persons shall be nominated as members of AACs for a term of three years. After completing the first termtheyshallbe eligible for re-nomination for a term of three years:

Two (2) children representatives*; a boy and a girl nominated from child led initiatives in the districts

Six (6) persons representing NGOs engaged in child welfare activities*;

Two (2) representatives of the private sector (business community)*;

Three (3) persons representing FBOs*;

* The number of the members shall be determined by the circumstances in the district, i.e. depending on the number of NGOs, FBOs and representatives of the private sector in the district.

Composition at Division Level

The following shall be members of Divisional AACs:

The District Officer (DO) who shall be the chairperson of the AAC;