I. INTRODUCTION

[1] (a) The character of international legal order loudly bays for re-definition. It is trite that law as a means and or instrument for social control has to be in keeping with the time and has to adapt to societal development, otherwise chaos and doom would be the ultimate eventuality. The dictates of modern developments demand a constant reappraisal of the structure of international law and its rules; empowering the International Court of Justice to safeguard the future of world's two billion children and generations yet to be born is at the apex of the pyramid in the priority list.

(b) There are myriad international instruments that recognize and prescribe measures to be adopted in ensuring that children of the world are afforded necessary protection from perils of the world. However, the Declaration of the Rights of the Child (1959) come closer to the tenets of the present theme, it states in the preamble that:
"…the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth."

(c) In the last but one, Chief Justices World Summit I stated thus:

"Children are born and bred to sustain the survival of humankind. It stands to reason that a society that does not care for its children does not care for the survival of humanity. Thus, a society that cares to secure its non-extinction is duty-bound to create an environment of human survival in which human rights of children are firmly secured, promoted and protected in the laws, and judicial system. The quality of laws and their effective enforcement re indicia of the commitment of states to secure a better place for our children". [1]

These words are equally apposite to this year's theme and indeed worth repeating.

The erstwhile United Nations Secretary-General, Dr. Kofi Annan was never to be left behind times in this noble cause of recognizing the significance of protecting children of the world, when he firmly stated:

"The desire for our children's well-being has always been the most universally cherished aspiration of mankind…There is no task more important than building a world in which all of our children can grow up to realize their full potential, in health, peace and dignity…" [2]

(d) The international community through the United Nations has developed and enacted beautiful and indeed much vaunted international instruments for protection of children of the world. But why this appeal by the City Montessori School (CMS) on behalf of world children, to the heads of the Judiciaries of the world? The world children are saying:

"We approached the United Nations but were unsuccessful and now if the Judiciary too fails to listen to our request, our future shall be gravely endangered and the world shall perish in a third world war" [3].

The world's children are today appealing to us to empower the International Court of Justice to safeguard their future as well as those of generations yet to be born.

(e) Though there is a plethora of international protocols for protection of world's children [4], historical antecedents have borne testimony to the bare fact that those protocols have become ineffective because of lack of enforceability machinery. Hence the plea by world's children today. The violation of children's primary rights and interests continues with impunity and sadly unabated. The children tried to seek shelter from the United Nations but they claim that their attempts were futile and forlorn. In essence, the world's children are today calling for judicial activism at the landscape of the international legal order.

II. ADEQUACY AND ENFORCEMENT OF CHILDREN'S RIGHTS

A. NATIONAL LEVEL

[2] Lesotho has a provision for protection of children and young persons, enshrined in her Constitution. Section 32 of the constitution reads:
"Protection of Children and young persons

32. Lesotho shall adopt policies designed to provide that -

a) protection and assistance is given to all children and young persons without any discrimination for reasons of parentage or other conditions;

b) children and young persons are protected from economic and social exploitation;

c) the employment of children and young persons in work harmful to their morals or health or dangerous to life or likely to hamper their normal development is punishable by law; and

d) there are age limits below which the paid employment of children and young persons is prohibited and punishable by law."

[3] To practicalise the above provisions of the Constitution, Lesotho has enacted an important piece of legislation that is yet to be piloted through Parliament for approval. This is the Children's Protection and Welfare (Draft) Bill. The innovative provisions of the Bill practicalise the Principles of State Policy (section 32) of the Constitution of Lesotho guaranteeing the protection of children; the Bill also domesticates the important provisions of the UN Convention on the Rights and Welfare of the Child and of the 1990 African Charter on the Rights and Welfare of the Child. It is indeed a bold step in the right direction towards protecting children against economic and social exploitation and above all to lay a foundation for child justice in our legal system.

[4] Although the Child Protection and Welfare (Draft) Bill is destined to comprehensively implement Lesotho's treaty obligations, there is a need to have some enforceability machinery in children matters that transcends national borders.

[5] This need has been demonstrated by the recent Court of Appeal judgment in the Sefeane [5] case involving contempt proceedings against a South African based non-custodian parent who failed to return a child to its Lesotho based custodian father at the end of the holiday period. The parties had been divorced in Lesotho and the ex-husband pounced on the ex-wife when the latter attended a relative's funeral in Lesotho and instituted contempt of court proceedings. She was found guilty of contempt and ordered to restore custody of the child with immediate effect. The court did not impose a fine or sentence of imprisonment.

[6] It is understandable that imprisonment or fine by themselves would not have the effect of immediately producing the child. And it is interesting to know what eventually happened in regard to the enforcement of the order in South Africa.

[7] This bears testimony to the fact that the issue of protection of children's rights far transcends national borders.

B. REGIONAL LEVEL

[8] To try to mitigate the problems of violation of children's rights in national legal systems the treaty obligations assumed by countries in some international legal instruments were continetalised and or regionalized. [6]

[9] The move to continentalise children's rights also failed to acquit itself well as a sustainable and practical means of protecting the future of world's children. The main hurdle being lack of enforceability of state parties obligations under the relevant treaties. The obligations assumed by countries in regional protocols therefore were relegated to nothing but a mere 'white elephant' and this in turn unwittingly afforded perpetrators of breaches of children's rights a carte blanche to continue destroying this world's most cherished jewel - children.

C. INTERNATIONAL TERRAIN

[10] With the wisdom of hindsight, it has been learnt that the issue of protection of children's rights, goes beyond national as well as regional territories. Protection of children's rights has become a global concern. With the upsurge and escalation of threats to humanity like terrorism, genocide, child trafficking and abduction, HIV/AIDS pandemic and other deadly maladies, it is a true reflection that time has come for the international community to roll up its sleeves to guard against these threats to the most vulnerable and easy targets - children. It is imperative that we engage in concerted effort to device some sustainable and practical measures to safeguard the future of two billion children of the world.

[11] There are quite significant international protocols prescribing and proscribing states obligations in ensuring that children lead a wholesome life under a healthy and conducive environment, proper for their growth. However, if the states do not have political will and do not feel the necessity to act in accordance with such treaty obligations, then there does not exist any system of international law worthy of the name. Because of the prevailing state of affairs under the terrain in the international legal order, international law has assumed undesirable 'trademarks', such as, 'a paper tiger' and or 'a toothless bulldog'.

[12] The time has surely arrived when the World Legislature should keep the law abreast of new needs in the international community, and it is necessary to have children representation in that forum. Equally important is to have the World Executive that shuold ensure enforceability of the international laws and rules and see to it that the laws are backed by necessary, practical sanctions and or punishments. The rule of law is currently at stake in international legal order especially with regard to protection of children. The moment has come for the renaissance ('re-birth') of the international legal order. We really need to re-trace our steps.

[13] The world Judiciary can undoubtedly be pioneer for the redemption of the international legal order in ensuring that children are given maximum protection and safeguards. The transformation of the International Court of Justice (ICJ) is definitely one of the issues to be on top of the agenda. The ICJ is described in Article 92 of the United Nations Charter as "the principal judicial organ". Judge Lachs described the ICJ as "the guardian of the legality of the international community, as a whole, both within or without United Nations" [7]. It would be gratifying if these epithets could be translated into practicality and palpability.

[14] What the children of the world are requesting from us as heads of the Judiciaries of the world is to evoke the principle of judicial activism and assist in ensuring that the ICJ becomes the upper guardian of all sons and daughters and minors of the world. The advisory jurisdiction of the ICJ should be cured by legally clothing the court with compulsory jurisdiction in all matters that concern and affect children's human rights that cannot adequately be solved by municipal laws. In that way the court can act as the fortress where children of the world can find sanctuary. Judicial notice is taken of the fact that international law like any law is a product of its environment and to survive it must be in harmony with the realities of the age. It is a reality that can hardly be ignored that children are the edifices and indeed pillars upon which the whole existence of the world rests. Peril of children easily means non-existence of the world and extinction of mankind.