I wish to thank Mr Gandhi for extending an invitation to Swaziland to attend this auspicious event where so many legal luminaries are present.

I wish to also extend my heartfelt thanks to Mrs. Gandhi who must be a pillar of strength to this visionary man who is her husband. May they continue to be ray of hope in the world.

To the teachers and support staff I wish you continuous success in helping to teach and nurture the children of CMS.

To the Students themselves may you continue to be a beacon of peace and hope not to your peers but also to the world.

I bring with me apologies and greetings from our Chief Justice His Lordship Mr. Richard Banda. For those of you who do not know where Swaziland is, it is in Southern Africa. It is landlocked between the Republic of Mozambique in the east and Republic of South Africa on the South , North and West.

For many years Swaziland did not have a constitution having abrogated the Westminster Independence Constitution.

Recently Swaziland adopted a new constitution which formally came into effect during February 2006. For this accomplishment we have to thank among others the Chief Justice of Uganda His Lordship Mr B.J. Odoki.

Children by reason of their physical and mental immaturity need special safeguards and care including appropriate legal protection before as well as after birth.

There is already in existence various human rights instruments where children are mentioned explicitly culminating in the Convention on the Rights of the Child. This convention brings together the children's human rights articulated in other international instruments.

However, this convention articulates the rights of the children more completely and provides a set of guiding principles that fundamentally shape the way in which we view children.

The articles of the Convention in addition to laying the foundational principles from which all rights must be achieved, call for the provision of specific resources, skills and contributions necessary to ensure the survival and development of children to their maximum capability.

The articles also require the creation of means to protect children from neglect, exploitation and abuse.

Swaziland is member state of the United Nations. It has ratified the Convention on the Rights of the child. It is now involved in the process of domesticating it.

Chapter III in the Constitution of Swaziland provides for the protection and promotion of fundamental rights and freedoms of the individual. In particular section 29 provides for the rights of the child.

Clause 4 there of states that " children whether born in or out of wedlock shall enjoy the same protection and rights"

Clause 6 states that "every Swazi child shall within three years of the commencement of this Constitution have the right to free education in public schools at least up to the end of primary school beginning with the first grade"

Section 31 states that "For the avoidance of doubt the ( common law) status of illegitimacy is hereby abolished"

The above are commendable initiatives towards the provision of security for the child in our society.

There is also legislation being currently put into place for the protection of Women and Children against sexual and physical abuse. Relevant stakeholders in Swazi Society were invited to make an input into this initiative which is driven by various NGO's.

Swaziland has also joined the drive for the protection of the environment against degradation. We have in place the Swaziland Environment Authority which is self- regulatory by Act of Parliament and has its own CEO.

How then should the International Court of Justice be empowered to safeguard the future of the World's two billion children and generations yet to be born in the face of the above initiatives?

The role of the International Court of Justice is to:

"Settle legal disputes in accordance with international law submitted to it by states, and

"To give advisory opinions to questions referred to it by authorized united nations organs and specialized agencies.

There is no direct access by individuals to the ICJ. Children or their agents cannot take any matters to the ICJ. My submission is that children of the world should come together and lobby member states and the UN to allow the ICJ to extend its jurisdiction to adjudicate on children's rights.

This would enable children to report states who have failed to comply with ratification and domestication of conventions relating to them.

Children ought to be able to get assurance from their countries of origin that initiatives for their protection in all areas of concern shall be taken care of including the time frames when these would be implemented.

Our obligations as judges is to uphold the rule of law and to enforce fundamental rights and freedoms. I can assure the children of CMS that this is a mandate I intend to carry out as long as I am a judge.

Ladies and gentlemen, I thank you.