The African Child Policy Forum (ACPF)

Research Findings – Study on Gender and Child Rights in Five Eastern African Countries

Child Participation and Gender Learning Event

3-5 November 2015

Entebbe, Uganda

Dr. Nkatha Murungi

•Introduction

•Background to the Study

•Objectives of the Study

•Research Method

•International and Regional Normative Framework

•Research Findings:

(i) Child Marriage

(ii) Economic and Sexual Exploitation

(iii) Inheritance Rights

•Key Learning's/ Observations

•Recommendations

•Conclusion

Presentation Outline

Introduction

3

•legal systems in Africa are largely determined by:

-customs and customary laws

-formal legislative frameworks that mainly draw

their principles from international and regional

human rights standards

Background to the Study

4

• Ethiopia, Kenya, Rwanda, South Sudan and

Sudan

• Need to make thematic inquiries into

domestication of laws which will lead to

improved understanding of implementation

• The research was a response to the identified

knowledge gaps in the area of gender and

children’s rights

• Thematic areas

(i) Child Marriage

(ii) Economic and Sexual Exploitation

(iii) Inheritance Rights

Objectives of the Study

5

1.Goal of the Research: to influence change in law, policy

and practice to ensure non-discrimination of children on the

basis of gender

2. Objectives of the Study :

•Determine status of harmonisation

•To assess the legislative and policy protection and

practices that have an impact on children’s rights and gender

and extent of implementation

•To sensitise and inform policy makers on gaps in law and

practice in relation to children’s rights and gender

•To mobilise State and other institutions to act against

discriminatory practices on children based on gender.

Research Method

• One methodological approach: desk based analysis

• Desk-based analysis involved:

i. The review of State legislative and policy frameworks

ii. Assessment of the level of implementation and

enforcement of these laws and policies in relation to

gender and children’s rights

iii. Case law review (jurisprudence)

• Validation workshops involving the 5 countries

Harmonisation of laws with international

standards

Constitutions : countries have incorporated or provided room

for domestication of child rights standards in their constitutions

The five national Constitutions prohibit any form of

discrimination based on age and sex.

Specific Children’s Statues :

Kenya- Children’s Act 2001

Rwanda- Law Related to the Rights of the Child 2012

South Sudan -Child Act No 10, 2008

Sudan -The Child Act, 2010

Other Legislation(Family, Civil and Criminal Codes) in all

five countries :

Harmonisation of laws with international

standards

Policy Frameworks :The national legal framework is

complemented by national polices and strategies and plans of

actions, to ensure effective implementation of children’s rights

Ethiopia- Growth and Transformation Plan –education-

promotes girls enrolment, Ethiopian Development and Social

Welfare Policy –emphasises protection of children from

malpractices such as child marriage

Rwanda- Integrated Child Policy, Rwanda National Gender

Policy and Vision 2020-long term development strategy

Kenya- Return to School Guidelines and Gender Policy in

Education-encourage school attendance

South Sudan- Development Plan and National Social

Protection Policy

Sudan- Comprehensive Peace Agreement

Harmonisation of laws

Institutional Frameworks: Institutions are responsible for

the implementation and follow-up of laws and policies-put in

place strategies . All five countries have general and

specific institutions that have a bearing on the

implementation of children’s rights Ethiopia - Children’s Ombudsman, Ministry of Women, Children

and Youth Affairs

Kenya- Ministry of Gender, Children and Social Development,

National Council for Children’s Services

Rwanda- Ministry of Gender and Family Promotion and National

Child Commission

South Sudan- Ministry of Gender, Child and Social Welfare

Sudan- National Council for Child Welfare, human rights

commission

Research Findings – Child Marriage

Causes of Child Marriages

•Poverty

•Gender Discrimination

•Tradition and Culture

•Social Stigma

•Low Literacy levels

•Lack of Strong Legal and Policy Frameworks

Consequences

•Violence against women

•Limited literacy leading to intergenerational poverty

•Health consequences e.g. Depression; Fistulae; HIV/AIDS

infections

•High infant and maternal mortality rates

Research Findings- Child Marriage

In summary :

All countries set a minimum age of marriage, with Kenya and

South Sudan meeting international standards of 18 years.

Rwanda goes beyond the international standards by setting

the minimum age of marriage at 21 with certain exceptions

•Sudan has a discriminatory minimum age of marriage for

boys and girls under Islamic and non-Islamic laws. The

minimum ages of marriage for both boys and girls are very low,

but even lower for girls (13 years) for non- Islamic marriages

•Ethiopia, Kenya, Rwanda and South Sudan explicitly

criminalise early marriage, with Sudan only criminalising forced

marriage through abductions

Research Findings : Economic and Sexual

Exploitation

Causes

•Poverty and social inequalities

•Gender discrimination

•Low value attached to education

•Cultural obligation to support the family

•Family dysfunction

•Weak legislative and enforcement mechanisms

Consequences

•Physical and emotional injury

•Intergenerational poverty due to lack or education

•Health consequences, unwanted pregnancies, HIV/AIDS

infection.

Research Findings- Economic and Sexual

Exploitation

Economic and Sexual Exploitation Gender Profiles

Sources: Anti-Slavery (2013); ILO (2012); UNICEF (2009)

Type of Practice

Girls Boys

Forced Manual Labour

Domestic Servitude

Recruitment into Armed Forces

Child Prostitution

Child Trafficking

Child Pornography

Research Findings –Economic and Sexual

Exploitation

•All countries signed both ILO Convention No.

138 on Minimum Age for Admission to

Employment and ILO Convention No.182 on

worse forms of child labour

•All set the minimum age of recruitment into the

army at 18 years

•All countries have provisions that criminalise

and provide sanctions for the sale, abduction and

trafficking of children . Kenya and Sudan have

specific anti-trafficking Bills that are still to be

adopted as laws. Ethiopia has been working on

its anti trafficking laws

Research Findings – Inheritance Rights

Causes

•Patrilineal nature of African societies – son

preference

•Discriminatory customary laws and practices

•Increased orphan hood mainly due to HIV/AIDS

•Low literacy levels, Poverty

•Lack of effective legal and judicial systems

•Lack of knowledge about importance of wills and

testaments ,corruption

Consequences

Increased vulnerability of children

Research Findings – Inheritance Rights

Existence of legal and policy frameworks protecting

children from disinheritance:

• Protection in the Constitutions, acts

•Customary laws or traditions have a great influence over

written law in all target countries, contradict written law and

sometimes override it with the complicity of society members

who stick to them out of fear of change.

•In all target countries, the boy child often inherits and girls

are not allowed to inherit to the extent that where the

deceased pre-deceases only female children, the property

reverts to either his family.

Research Findings – Inheritance Rights

•All the five countries have made an attempt to

address inheritance rights of children in courts of

laws,

•Challenge - discriminatory customary laws are

still applied in most cases, to the detriment of

women and children

Key Learning's

Progress :

Over the last few years there have been numerous

efforts made by governments to implement

mechanisms that protect children from gender based

child rights violations

•i.edomestication of key international and regional

treaties, via national legislation as well as extensive

mapping of the institutions related to child protection

•Laws have provided for the provision, protection and

participation of children although specific

consideration of girls’ and boys’ inherent

vulnerabilities is still lacking

Key Learnings

19

•In most cases, clear criminal sanctions have also

been set for gender based child rights violations.

•Efforts to implement these laws and policies have

involved both state and non-state actors

•However, there are still numerous challenges that

are impeding the full implementation of the laws and

systems that protect children

especially girls

Key Learning’s

Challenges include :

•Lack of gender considerations at legislative and policy level

as children are viewed as a homogeneous group reinforcing

gender stereotypes in implementation of laws, as laws are

silent on the specific needs of girls and boys.

•Nature of African legal systems (customary law or religious

influence)

•Structural differential treatment of girls and boys in laws and

policies (discriminatory minimum ages of marriages for boys

and girls)

•Ineffective legal and policy standards

Key Learnings

21

•Poverty

•Limited role played by the Judiciary

•Lack of data and follow-up measures

(Monitoring)

•Children’s incapacity to participate in decision

making

•Lack of awareness of girls’ and women’s rights

•Fragmented responses by various actors

leading to duplication of efforts

Recommendations

In addressing gender based child rights violations,

East African governments are encouraged to:

• Ratify and Harmonize their laws with

international and regional standards

• Harmonisation efforts, ensuring laws, policies

and budgets are gender sensitive, gender

responsive, and gender accountable.

• Put in place implementation and enforcement

measures that ensure laws are effectively

implemented,

• Address gender biases, invest in strategies that

build the resilience of the girl child

Conclusion

•Achieving gender equality is fundamental to the

realisation of children’s rights, thus a legal and

policy framework must play an important role in

addressing practices that reinforce the

differential treatment of girls and boys

•Legislative, policy and programmatic reform

should reflect international and regional child

rights principles and always be gender sensitive

and gender responsive

Conclusion

24

•Effectiveness also requires that the rights of

both girls and boys be legally-entrenched ,

preferably in the context of the legislation itself.

•The necessary structures and resources must

also be put in place so that legislation can be

effectively implemented as intended.

•Protecting children against gender based

discriminatory practices is an obligation shared

by both state and non-state actors.

Thank you!