acerwc · “h umanitarian action in africa: children s rights first “ 5 refugees, and displaced...

ACERWCAfrican Committee of Experts onthe Rights & Welfare of the Child

Day of the

16th June

African Child

Humanitarian Action in Africa: Children’s Rights First

“

Day of the African Child 2019

“Humanitarian Action in Africa: Children’s Rights First “

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A. Backgound

1. The theme for the Day of the African Child (DAC) 2019 selected by the African Committee of Experts on the Rights and Welfare of the Child (ACERWC), established in accordance with Articles 32 and 33 of the African Charter on the Rights and Welfare of the Child (the Charter) is “Humanitarian Action in Africa: Children’s Rights First.”

2. In 1991, the Assembly of Heads of State and Government of the then OAU instituted the DAC in memory of the 16th June 1976 student uprising in Soweto, South Africa. At that time, students marched in protest against the poor quality of education they received and demanded to be taught in their own languages.

3. The DAC serves to commemorate these children and the brave action they took in defence of their rights. The DAC thus celebrates the children of Africa and calls for a serious introspection and commitment towards addressing the numerous challenges facing children across the continent. The Day should not be celebrated by State Parties and other stakeholders as an event but rather as a process that draws on previous celebrations to create synergies that improve the realisation of the rights of children under national and international law.

4. The Committee is of the view that States Parties that do not have humanitarian crises should engage the principles of humanitarian action, including humanity

and impartiality, to deal with instances that affect the best interests of the child. These may be national issues concerning children that warrant a deliberate effort by the States Parties to re-evaluate the approaches, policies, and laws that speak to the rights and welfare of children.

B. Context of the theme

5. Humanitarian crises result from various factors or events or from a combination of several factors, and pose significant risks and threats to the lives, safety, security, health or general wellbeing of a large number of people at a time – with little or no capacity to cope with the impacts of the crises.1

6. Humanitarian crises may be natural disasters, such as earthquakes, tsunamis, floods, and health epidemics. They may also be man-made, resulting from factors such as armed conflicts, tensions, or strife, or the result of human error or action, such as large scale industrial accidents. Humanitarian crises may also come in the form of complex emergencies, that is, usually, a combination of both man-made crises and natural disasters. This broad understanding of humanitarian crises also calls for humanitarian action by States that may not be experiencing (armed) conflicts but other disaster or emergency that requires humanitarian action.

1 World Vision International [US] ‘What is a humanitarian disaster?’ http://www.wvi.org/disaster-management/what-humanitarian-disaster.



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7. These crises often lead to the violations of children’s rights. These violations include failure to provide education, health or an adequate standard of living for children to enjoy their rights, and the effects of these violations may affect boys and girls differently. For example, boys may, to a great extent be subjected to arbitrary detention, torture and other inhuman treatment and forced recruitment; while girls often suffer slavery, sexual exploitation like forced marriages, physical and sexual violations like rape and forced prostitution during or after a crisis.

8. Children in vulnerable situations suffer most from these crises. A case in point is children with disabilities, who need special care and attention before, during or after a crisis. State Parties are obliged to evaluate the viability of their policies to cater for children in vulnerable situations, including children with disabilities, to ensure that their rights are upheld.

9. Complex emergencies usually manifest in a complete or significant breakdown of order and authority, often arising from or resulting in violence and loss of life, displacements, damaged economies and a breakdown of the fabric of society. ‘Security risks for humanitarian workers’ and the ‘hindrance or prevention of humanitarian assistance by political and military constraints’ are some other features of complex emergencies.2

2 London School of Hygiene & Tropical Medicine, ‘Health in Humanitarian Crises’, https://www.futurelearn.com/courses/health-

10. Humanitarian crises have far-reaching implications and affect all strata of society, with children being the most vulnerable to the impacts, as ‘they have fewer resources to draw on to plan for, cope with, and recover from disaster.’3

11. The purpose of humanitarian action is to uphold, as much as possible, the human dignity of those affected by humanitarian crises, by among others, taking measures to save lives and alleviate their suffering. ‘Humanitarian action provides life-saving services and facilitates the return to normalcy for people and communities affected by natural and man-made disasters. It also seeks to lessen the destructive impact of disasters and complex emergencies.’4

12. At its core, the selection of the 2019 DAC theme recognises that children in Africa endure the most consequences of armed conflict, tension, strife, and other humanitarian disasters/crises. This phenomenon depicts a greater problem- the inadequacy in the protection of the child even before a humanitarian crisis takes place.

13. According to UNICEF, approximately 1 out of every 4 children live in countries that are plagued by humanitarian crises, resulting in rights violations such as, lack

crises/0/steps/22887. 3 World Vision International.4 InterAction, ‘Humanitarian Action’, https://www.interaction.org/work/humanitarian.



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of access to medical care, clean water and sanitation, nutrition, quality education or protection.5 It acknowledges that solutions to the challenges that these children face lie in the use of human rights law and humanitarian law. Problems like forcible displacement, separation of children from their families, trafficking or recruitment for conscription into armed groups, detention, economic exploitation, physical and psychological abuse and sexual exploitations require continued recognition and protection of children’s rights in such humanitarian situations.

14. While these challenges can be addressed through humanitarian action, this requires humanitarian access. UNICEF decries the lack of humanitarian access in the protection of the rights of the child in humanitarian situations.6 The lack of access is exacerbated through armed conflict, civil unrest, and high-threat environments that target humanitarian workers. This also arises through the continued interference by parties to the conflicts, who restrict the movement of workers, supplies and the affected people.

15. These challenges are exacerbated by the continued disregard for international law by parties to conflicts or in emergency situations. This is sometimes shown in the deliberate targeting of civilians through

5 UNICEF, ‘Protecting the Rights of the Child in Humanitarian Situations’, Submission by UNICEF to the OHCHR Report, September 2017.6 UNICEF (September 2017).

the use of explosive weapons in densely populated areas, the destruction of vital infrastructure like hospitals and schools. Not only does this affect the provision of humanitarian assistance but it also affects the positive realization of essential rights such as health and education for children. The rights to education and health are often relegated in the hierarchy of rights that should be upheld during humanitarian crises because States Parties do not often consider the realization of these rights as “life-saving”.

16. According to UNHCR, children constitute a significant proportion of populations on the move across international borders globally, with a large number of those children moving from and across Africa, especially children in West and Central Africa.7 In Africa, 50% of refugees are children, with about 3 million children forced out of their origins due to various humanitarian crises. Among migrants, nearly 1 in 3 is a child, which is more than twice the global average.8

17. Due to this significant number of affected children, UNHCR recognises that children face unique protection risks, that require that States and other partners work together to reduce these risks through the

7 UNICEF, ‘In Search of Opportunities: Voices of children on the move in West and Central Africa’, 2017.8 KM Donato, ‘A Global Mapping of Migrant and Displaced Children: Trends and Patterns’, https://www.oecd.org/migration/forum-migration-statistics/1.Katherin-Donato.pdf.



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strengthening of child protection systems.

18. In 2016, the ACERWC prepared a 25-year Agenda “Agenda 2040: Fostering an Africa fit for children”, with the objective to restore the dignity of the African child through assessing the achievements and challenges faced towards the effective implementation of the African Children’s Charter. With a focus on the African child who is affected by emergencies such as natural disasters, conflicts, tensions and strife, the restoration of his/her dignity lies in how the States Parties are prepared for, and deal with challenges during, and after an emergency situation.

19. The ACERWC particularly draws the attention of States Parties to Aspirations 7 and 9 of Agenda 2040. While Aspiration 7 seeks to ensure that “every child is protected against violence, exploitation, neglect and abuse,” Aspiration 9 seeks that “every child is free from the impact of armed conflicts and other disasters or emergency situations.” These stress the need to denounce and prevent the violation of children’s rights during conflicts and emergencies, and calls for the prioritisation of the rights of the child during humanitarian situations.

20. The selection of the 2019 DAC theme reiterates the ACERWC’s commitment to uphold the rights of the child as laid out in the Charter, even during humanitarian crises. The core principles of children’s rights (the right to life, survival and development; non-discrimination; the best interests’ principle;

and child participation) subsist even during humanitarian crises and should accordingly be prioritized.

21. Thus, the theme contextualizes the need for State Parties, in the protection of children’s rights, to start from a preventive framework as the first level of complying with their obligations under the Charter. This aligns with the right to life, survival and development, and the principle of the best interests of the child as provided in Articles 5 and 4 of the Charter respectively. Humanitarian crises compromise the realization of these rights and others. This calls for a deliberate effort by States to ensure that children’s rights, beginning with the right to life, survival and development, take centre-stage in humanitarian emergencies.

22. Further, within the bounds of the theme of the 2019 Day of the African Child- “Humanitarian Action in Africa: Children’s Rights First”, the ACERWC seeks to evaluate the steps that States have taken with regard to the challenges faced towards the protection and promotion of the rights of the child who is affected by emergencies and humanitarian crises.

C. Children’s Rights First

23. The ACERWC reiterates that the physical and psychological safety of children is key to their health and future prospects. Where this safety is threatened, their rights and needs are ignored. Children who are affected include adolescents, females,



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refugees, and displaced children, children in armed conflict, tension and strife. As such, the first step towards the promotion and protection of this safety lies in the application of international human rights law in humanitarian situations.

24. The requirement to protect and to ensure the protection of the rights of the child, calls for the use of international human rights law as the measure of first resort in a humanitarian crisis. Reliance on human rights law as captured in the African Children’s Charter, for example, offers protection of children affected by conflict, crises and humanitarian situations, and protection in other situations. This is because human rights standards give rise to legal obligations that are generally valid at all times and in all situations, including during humanitarian crises. Thus, the application of humanitarian law is a complementary tool to the protection of children’s rights in humanitarian contexts.

25. The universally recognized humanitarian principles of humanity, neutrality, impartiality and independence are themselves linked to the core principles of children’s rights, particularly the right to life, survival and development, non-discrimination, and the best interests of the child.

26. The requirement to place children’s rights first is an indication that where there is an obligation, the requisite body or individual must fulfil such an obligation in the interests of the child or children concerned. This is a restatement of the

need to uphold the best interests of the child at all times.

27. Placing children’s rights first is a recognition of the principle in Article 4(1) of the Children’s Charter that should be interpreted broadly to incorporate all actions that directly or indirectly affect children. The best interests’ principle ought to be used as a “gap filling” tool that is used to ensure that the child whose rights are violated in a humanitarian crisis are subsequently recognized and protected by the States.

28. As an example, States that have used the DDR programming need to show how the interventions that are being used are in

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the best interest of the child. This should be evaluated through the tools used to re-integrate the children who are affected by the humanitarian crisis.

29. Closely linked to the child’s right to life, survival and development is the right to health. Humanitarian crises affect children’s health not only physically, but mentally and psychologically as well. States needs to pay attention to the health needs of children, even and especially during humanitarian crises, and respond to their survival needs. Attention should also be paid to the health needs of children based on gender differences. For example, adolescent girls in humanitarian crises may have sanitation and/or menstruation as well as sexual and reproductive health needs (including sexually transmitted diseases) that are different from the needs of other affected children.

30. Also of great importance to children’s survival and development during humanitarian crises is the right to education. The ACERWC affirms the importance of securing education for children regardless of context. Access to education and learning helps children cope with the trauma of humanitarian disasters, enabling them to build resilience and provides them with some form of stability9. Good quality

9 Save the Children, «What do children want in times of emergency and crisis? They want an education », 2015,https://www.savethechildren.org/content/dam/global/re-ports/education-and-child-protection/what-chil-dren-want.pdf.

education, with its content focused on children’s development, is able to prepare children for preventing and dealing with or responding to humanitarian crises, by equipping them equipping them with practical skills to enhance their protection and survival. States Parties are therefore called upon to have strategies in place to ensure children can continue to access education during humanitarian crises.

31. ‘Children’s rights first’ underscores the interconnectedness of all children rights whether during or outside of humanitarian crises. Like the Charter (and the global United Nations Convention on the Rights of the Child – CRC), Agenda 2030 recognizes the interdependence of rights and underscores the importance of the goals to the development of children. Through the adoption of a rights-based approach to sustainable development, children’s rights are highlighted as the pivot around which State action towards development should revolve. This approach increases monitoring and improves accountability of governments towards the realization of children’s rights in connection to Agenda 2030 goals.

32. Similarly, it is important for all stakeholders, including those working in separate fields of development, policy, and human rights, etc. to work together and ensure a cohesive and comprehensive response to humanitarian crises rather than working in silos. The protection of the rights of the child, including securing their best interests at such times depends on



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joint efforts for a long-lasting impact.

D. DAC 2019: Expected outcomes

33. Through DAC 2019, the ACERWC affirms that the protection of children’s rights should be at the forefront of all humanitarian actions, and should accordingly, be prioritised during humanitarian crises.

34. Specifically, the ACERWC envisages the following outcomes from the commemoration of the DAC in 2019:

i. Continental commemoration of the DAC hosted by an AU Member State.

ii. African governments publically reaffirm commitments to: Use preventive measures to avoid humanitarian situations which lead to the violation of the rights of the child.

a. Prioritise the protection and promotion of children’s rights during humanitarian emergencies as a key to achieving the desired outcome of Aspirations 7 and 9 of Agenda 2040 and the broader Agenda 2063.

b. Develop strategies that indicate the steps taken to ensure that the best interests of the child, especially children with disabilities are upheld in humanitarian crises.

c. Report the steps taken to ensure the recognition and respect of the rights of the child in instances of or

in places affected by humanitarian emergencies.

d. Report (as receiving States of refugees) on the steps taken to ensure that the rights of children to health, education, and a conducive environment are offered to the children who have been displaced as a result of emergencies.

e. Furthermore, to report (as receiving States of refugees) on the steps taken to ensure that the perpetrators of violations of physical abuse against children are brought to justice.

f. Develop national strategies to prevent humanitarian emergencies, and where there exist, steps taken to ensure that the protection of the rights of children is prioritized.

g. Regularly undertake consultative voluntary national reviews (VNRs) at national and sub-national levels to monitor the protection of the rights of children under humanitarian emergencies.

iii. DAC celebration events are held in two-thirds of AU Member States.

iv. The mass sensitisation and dissemination of DAC messages in national and regional media (such as TV, newspapers and the internet, especially social media).

v. Children at all levels and from various backgrounds play a major role in the



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planning and implementation of DAC 2019 activities.

E. Methodology

35. The ACERWC, in collaboration with a Member State of the African Union, will hold a Continental Commemoration of the DAC on or around June 16, 2019.

36. The ACERWC recommends that all AU Member States, in collaboration with civil society, UN agencies and other partner organizations, celebrate the DAC through a wide variety of national and sub-national events and activities. Member States and partners are also encouraged to promote the DAC through local and national media coverage.

37. The ACERWC strongly recommends the active participation of children in the planning, implementation and monitoring of DAC activities.

F. Key messages

38. Member States and partners are en-couraged to incorporate the following top-line messages into their activities, while highlighting issues specific to the national/local context, for example, a focus on the groups of children whose rights may not be at the forefront during a humanitarian crisis. • Africa’s Agenda 2063 and 2040

cannot be achieved without attention to the children whose rights are continually violated in humanitarian emergencies. There is need for a

concerted effort on the specific needs and concerns of these children. • The States’ approach to the possible violation of the rights of the child should proceed from a preventive approach to a protective approach. This will ensure that a human rights approach prevails in the course of the humanitarian emergencies

G. Opportunities and Strategies

Agenda 2040

39. The ACERWC calls on Member States to incorporate Agenda 2040 and particularly Aspirations 7 and 9 to guide the protection of the rights of the child at the national and regional level. This will aid the pre-emptive and protective mandate of the rights of the child during humanitarian crises.

The Voluntary National Reviews mechanism

40. The State government should be accountable with regard to the steps taken to protect and ensure protection of the rights of the children. This accountability is seen in consultative voluntary national reviews (VNRs) at national and sub-national levels.

41. The ACERWC welcomes the use of this positive development and encourages other Member States to carry out reviews conduct the VNRs and sign up to submit the reports in 2019 and beyond. By so doing,



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Member States will increase momentum for the realization of children’s rights in their countries.

H. Commemoration of the DAC and Reporting

42. The ACERWC calls upon Member States to give serious attention to the protection and promotion of the rights of the child before, during and after the occurrence of humanitarian emergencies. Consequently, the proper organisation of programmes and activities to mark the DAC 2019 should be prioritized. The ACERWC will be better able to establish the state of protection of the rights of the child in humanitarian situations.

43. The reports made by the States Parties will be instructive in gauging the steps that Member States have taken and enable the ACERWC to measure success against the objectives of the DAC 2019 while dealing with the question of violation of the rights of the child. Through the reports, the ACERWC is also able to highlight progress made and best practices with regard to the protection of the rights of children in humanitarian emergencies.



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ANNEX

Monitoring Framework for Reporting on Commemoration of the Day of the African Child 2019: Template: “Humanitarian Action In Africa: Children’s Rights First”

This template is a reporting framework that the AU Members States and other stakeholders may use to report to the Committee on the celebration of the DAC on 16 June 2019, on the theme, ‘“Humanitarian Action In

Africa: Children’s Rights First”.

Country/Organization:

Partners:

Measures and Activities undertaken:

• Summary/Analysis of the theme as it applies to national, local or organizational context

• Legal, Policy, Administrative and other measures in place to identify and reach the children affected in humanitarian situations.

• Measures to be undertaken to identify, reach and promote awareness about the dangers of the non- protection of the rights of children during a humanitarian crisis.

Report on Events organized on or leading up to 16 June 2019

Event Details Of Event

No. Of Participants/Those Reached

(Children)⃰

Details Of Implementing

Agency

National, Regional Or District Level

Impact

*Provide disaggregated data on age, sex, place of origin, etc.

ACERWCAfrican Committee of Experts on the Rights & Welfare of the ChildP.O.Box: 3243, Roosevelt StreetAddis Ababa, Ethiopia

For more informations: Ms. Catherine Wanjiru MainaEmail: [email protected]: +251-11 551 77 00 www.acerwc.africa

#DAC2019

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