“We the children of Kenya make 54 percent of this country. So this country needs to focus on us, and give us ears and focus on our issues. We only need our rights to be respected, that all children in this country enjoys their rights [...]. And we also need leaders who give ears to listen to children because when there are people there to listen to us all the time, we shall feel respected.” - these were the words of Moses Kibet, a child leader from Pokot who read out the Children’s Communique at the 30th Year Celebrations of the ratification of the UN Convention on the Rights of the Child. Child representatives from all the 47 counties in Kenya, children with disabilities and intersex children converged at the Kenyatta International Conference Centre in Nairobi to mark this event.
The Children’s Communique was the outcome of two-days of intensive discussions and group work. The children shared ideas and exchanged views on the strides the Kenyan government had or had not made over the last thirty years in promoting and protecting children’s rights.
Child representative Moses Kibet presented the Communique before the Cabinet Secretary, Labour and Social Protection Amb. Yukur Yatani representing the President of Kenya, the UNICEF Kenya Country Representative Maniza Zaman and the Chairperson of the NCAJ Special Task Force on Children Matters and Court of Appeal Judge, Martha Koome. Also gracing the occasion were Nairobi County Women’s Representative Esther Passaris; Nominated Member of Kiambu County Assembly Lillian Mwarua; former Justice MInister of Kenya, politician and women’s rights activist, Martha Karua; and the Principal Secretary, State Department of Social Protection among other dignitaries, members of the Martha Koome led Task Force, senior members of the Kenyan Judiciary and other State agencies, and child rights actors from diverse non-governmental organisations including Jaslika Consulting, Africa Early Childhood Network (AfECN), Women Educational Researchers of Kenya (WERK).
We reproduce the Children’s Communique here.
PREAMBLE
We the 125 children from the 23 Counties in the Republic of Kenya, from different primary and secondary schools in Kenya, with representation from the Kenya Children’s Assemblies, congregated at Multimedia University from the 18th – 19th November, 2019 to reflect on the gains Kenya has made in the implementation of children's rights over the last 30 years.
Acknowledging the big steps the Government of Kenya has made towards the realization of children's rights such as the Children Act, 2001 and including a separate article on children in the Constitution 2010. In addition we appreciate the Government’s efforts of ensuring every child in Kenya enjoys their right to Education through the provision of Compulsory Basic Education and every child enjoys the right to health by rolling out of the Universal Health Care and ensuring food security. Most children have been protected from harmful cultural practices by having strong laws against cultural practices such as FGM; children have access to justice through the establishment of children’s courts to hear children matters, and most Children have been given equal opportunities by providing bursaries and school support for children in vulnerable and marginalized communities. years
Concerned that, although there are laws, policies and plans to promote and protect children's rights, budget allocation for children's services is still not adequate; some Kenyan children are still not enjoying their rights to the fullest. Some children are not able to go to school because of insecurity, lack of classrooms and teachers (who run away due to insecurity and terror threats from Al-Shabaab in the North-Eastern region). Children are still dying of some preventable diseases such as diarrhoea and recently non-communicable diseases such as cancer; Our girls are still being defiled, exploited, mutilated and being married early; online child abuse and exploitation is on the rise; some children are unable to have at least one meal a day due to drought (most children do not go to school due to lack of feeding programmes) and unfortunately some children are living without parental care and love.
Having deliberated and reflected on how as a country we have implemented the United Nations Convention on the Rights of the Child, we have the following key recommendations.
A Reflection On Our Rights
The United Nations Convention on the Rights of the Child envisioned a world where every child, everywhere is able to reach their maximum potential. These rights cannot be fully realized without us being provided with food, housing, care, health services and education or the opportunity to participate in decision-making regarding our own lives and in society. As we commemorate this milestones in child rights, we the children of Kenya have the following recommendations to ensure not only the full realization of our rights, but also the achievement of the United Nations Sustainable Development Goals, the Kenya Vision 2030 and the Big 4 Agenda.
Non-discrimination
THAT, although the government has made big steps to ensure that all children are equal, we the children feel that a lot is yet to be done, such as ensuring that the quality of education is the same regardless of where one comes from, all children should enjoy learning in classrooms with teachers. Children should not be discriminated against based on the regions they come from in terms of resource allocation in the schools. For example some children from well off families are given bursaries - the bursary application process should be made easier and child friendly considering we have children who head households.
THAT, the government should ensure full implementation of the free universal health care services for the children as most hospitals still charge some fees, (street children and unaccompanied children face challenges when accessing health facilities).
Best interests of the child;
THAT, the government should fully implement Article 53 of our Constitution, by ensuring that child wellbeing is taken into consideration when decisions are made.
THAT, the Attorney General fast tracks the enactment of the Children Bill 2018, which we participated in developing.
THAT, the government should implement a child friendly justice system that ensures dignity and vulnerability of children regardless of whether they are in contact or conflict with the law by building special police child protection units, having specialized trained law enforcement and judicial officers as well as having special courts for children. Children cases should be fast tracked and not to take years.
THAT, county and national government agencies should collaborate in the implementation of children's rights from the ward level.
Right to Life, Survival and Development;
THAT, measures should be taken to ensure children with disabilities are accorded the same opportunity of learning and developing themselves.
THAT, government to start focusing on mental health and psychosocial support for children by placing qualified personnel in schools and hospitals (professional counsellors)
THAT, county governments should ensure that children have spaces of play and relaxation.
THAT, in rolling out of the competence-based curriculum, the government should consider infrastructure development of rural and marginalized areas to ensure that no child has been left behind.
THAT, the government should implement measures to prevent the looming climate crisis, by increasing tree coverage, regulation of use plastic and carbon emission and encouraging sustainable consumption.
THAT, the government should harmonize the different policy documents that regulate minimum age for work and the types of work acceptable for every age bracket as different policies have different information.
THAT, the government take measures to ensure all children in Kenya have the opportunity to live in a home with parental care.
Right to participate
THAT, the government should take steps to ensure that children participate in national development including the budgeting and planning processes.
THAT, in line with the Big 4 Agenda, that government should provide opportunities for young people to contribute to national development through creation of jobs.
THAT, leaders should avail themselves at children’s functions and activities rather than delegating to representatives so that they have an opportunity to listen and respond to children’s views and ideas.
THAT, the government sets aside funds for the facilitation of Kenya Children Assembly forums and activities at national and county levels.
Right for Protection
THAT, different government agencies should collaborate in protecting children from harmful cultural practices. This includes training and recruiting more child protection officers, having a child helpline in every county and establishing rescue centers in every county.
THAT, the government works with religious and cultural leaders in the advancement and protection of children's rights from the grassroots level.
THAT, government puts measures to protect children from online abuse and exploitation by developing regulations for internet service providers. Further to that children should be protected from sex tourism, drug abuse, child labour, production and consumption of pornographic materials, especially in coastal region.
THAT, all roads near learning facilities should have bumps and zebra crossings to ease children’s safe movement.
THAT, government puts measures to ensure a friendly process of acquiring birth certificates especially in border regions and street children.
Your Excellency, President Uhuru Kenyatta, we the children of Kenya have great faith in our country, we believe we have the ability to contribute to her development and prosperity. This will be fully achieved in the next 30 years with the implementation of this convention. We therefore request you to recommit in not only the aspirations of the UNCRC, but also for your government to work to fully implementation of the convention and it’s protocols.