Kindernothilfe Kindernothilfe e.V. Kindernothilfe e.V.

News

Nairobi: National Conference on Child Rights

(Duisburg/ Nairobi, August 2007) The CRADLE, partner organization of Kindernothilfe, together with Childline, Coalition of Young Kenyan Voters, Centre for Education and Rights Awareness (CREAW), FEMNET, Kenya Aids NGOs Consortium (KANCO), Kituo cha Sheria (Legal Aid Centre), the organizations that comprise the Individual Complaints Procedure Working Group, organized a National Conference on the Draft Optional Protocol to the Convention on the Right of the Child with an Individual Complaints Procedure. This Conference was held at the Sarova Panafric Hotel in Nairobi, Kenya. The purpose of the National Conference was to discuss the need for an Optional Protocol to the UNCRC with an Individual Complaints Procedure.

The Cradle Kinderrechte-KonferenzPicture: The Cradle 
This project was founded on the premise of the lacuna in the monitoring mechanisms under the UNCRC. Thus, the need for a mechanism through which individuals can seek redress beyond the national and regional level, where local remedies have been exhausted. The objectives of the National Conference were for participants to understand the necessity for an Individual Complaints/Communications Procedure for the UNCRC and how it affects the child in Kenya, to understand the process of lobbying for an International Human Rights Instrument, to discuss possible strategies for lobbying for an Optional Protocol to the UNCRC with an Individual Complaints Procedure at a National, Regional and International level, to develop a Plan of Action towards this campaign and discuss the Draft Optional Protocol. The ceremony was officially opened by the Minister for Justice and Constitutional Affairs, Honorable Martha Karua. Speaking at the Conference, the Minister acknowledged the gap in the UNCRC and expressed support for this initiative.

She said the government is committed to the promotion and protection of the rights of children by focusing to provide the poor, the marginalized and the vulnerable with improved access to justice, which is affordable, speedy, relevant and effective in relation to both the state and non state justice systems. She acknowledged that the country has a poor track record in so far as acceding to optional protocols on individual complaint procedures is concerned. However, my ministry is organizing a stakeholder's consultative forum to discuss these optional protocols with a view to enhancing the promotion and protection of human rights.

The Cradle Kinderrechte-KonferenzPicture: The Cradle 
Participants underpinned the need for an Individual Complaints procedure under the UNCRC as a key mechanism for monitoring states compliance with international treaty obligations and further as a boon for victims of human rights violations. The background for this discussion was laid by a key presentation on, ‘A Case for an Optional Protocol for individual complaints' by Catherine Mumma. This was followed by Mr. Wanjau Muriu who made a presentation on the "The Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women."

The discussions on the need for this complaints mechanism were informed by a comparative analysis of best practices under other international human right instruments. Notably, there exist individual complaints procedures under the CAT, CEDAW, ICERD and ICCPR. Thus the need for this complaints procedure could not be overemphasized if the rights of the child, as enshrined under the UNCRC, were to be accorded equal measure. Participants considered a Draft Optional Protocol to the UNCRC with an Individual Complaints Procedure and highlighted the following key elements for an effective individual complaints procedure under the UNCRC: the inclusion of the non-reservation clause, both individuals and non-governmental organizations to have access to this procedure and statutory representation for all individuals under the age of eighteen (18) years.

In dealing with the strategy going forward at the campaign at the national, regional and international level, the participants mandated the Working Group to co-opt members at their discretion. The CRADLE was also mandated continue co-ordinating the process but under the overall direction of the Working Group. The Working Group should develop clear terms of reference (ToRs) to include developing a lobbying strategy, creating awareness of and popularizing the process and co-ordinating the entire process.

Gilbert Onyango
Senior Programme Officer & Acting Deputy Director
The CRADLE-The Children Foundation

Annual Report Annual Report 2009 (pdf, 2,5 MB)


Copyright © 2012 Kindernothilfe e.V.
All rights reserve. Disclaimers.