I am thankful to the City Montessori School for inviting me as one of the guests to address this important gathering. I am deeply humbled that I stand to participate at least in this way on a platform concerning the well being of and future of children and youth of the world. As I rise to the height of this occasion, let me convey profound greetings and solidarity from the children and the Government of the United Republic of Tanzania to you. Related organizations in Tanzania are following up this conference and its deliberations hereinafter with keen interest. I am convinced that acting together at any level and agreeing to rally around important obligations, will save human kind and make the earth a safe place for us to live in tranquility.
Honourable Chairperson, the theme of the Conference is the Enforceable of the International Law which relates to one of the topical subjects in International Law. In essence there is utmost need for states and other international actors to respect and implement international law in setting standards in social, economic, cultural and humanitarian concerns as prescribed in the Convention on the Rights of the Child, the United Nations standard minimum rules for the Administration, of Justice (1985- the Beijing Rules), the United Nations Rules for the protection of Juveniles deprived of their liberty (1990), and all other human rights international instruments which further protect the rights of children, to mention a few.
A common phenomenon in all of these instruments is based on the notion- "the best interests of the child".
The Convention on the Rights of the Child (CRC) provides that, best interests of the child shall be a primary consideration in all actions concerning children. These are very strong norms within international law. CRC has been ratified by more countries than other human rights instruments. Its basic premise is that children are born with fundamental freedom and inherent rights of human beings.
On the basis of the high number of countries that have ratified the CRC it is correct to argue that the most common denominator for all nations is their children, and it is therefore imperative that their future be fortified. This obligation is extended to many other fields including criminal justice, child labour, human trafficking, child prostitution and child pornography. We may legitimately ask ourselves how successful are we? Millions of children die of hunger and starvation, go without education and are victims of conflicts. The answer to this question is obvious.
There still exist a circle of hunger that needs to be broken, in order to improve the world children quality of life and their chances they will have in their future, with proper education. We are still miles away from the set standards, achievements have been registered through the UN for example of UN Committee on the Rights of the Child established under Article 43 of CRC and other treaty monitoring mechanisms such as independent rappourteurs. UN reports are important catalysts in making comparative analysis, raising issues that are related to commitments and international standards.
At the national level the most crucial area in the protection and promotion of human rights, the children's rights, is enforcement and accountability. The important aspect is exploring the extend to which national law enforcement mechanisms protects the right of a child is to consider the synergy between them. One could look into the roles of different actors in the enforcement of international law and if networking will provide a rationale for formal intergovernmental child rights systems for the sub regions, regions and the world. We are the ones vested with responsibilities in our municipalities, cities, countries and on this planet.
It is clear that there are disparities in state practices in complying with international instruments in the protection of children's rights. Particularly on how countries meet the reporting obligations and affecting the necessary legal reforms in compliance with international norms and standards. The common dissatisfaction is that state parties to the CRC are not meeting reporting obligations are required. Perhaps we require a constitutional modeling and sharing of experiences of good practices. However, domesticating international norms or standards into domestic law is key in the implementation of international law. If this is successfully done, Judges in our Courts will have an upper hand in harmonizing international and national law without necessarily being labeled "ambulance judges".
Many governments have made strides in enacting new legislations, creating mechanisms and putting into place a range of creative measures to ensure the protection and realization of the rights of citizens under the age of 18. Nevertheless, as former UN Secretary General Kofi Annan, rightly said that, "The principle of all children, all rights' is still much too far from being a reality.”
In November 2002, the Committee on the Rights of the child adopted General Comment No. 2 on "The Role of Independent National Human Rights Institutions in the Protection and Promotion of the Rights of the Child". In addition, the committee adopted General Comment No. 5 one year later on "The General Measures of Implementation of the Convention on the Rights of Child", which outlined more generally what states should do to implement the CRC. These instruments and many others illustrates how at the international level the children's agenda has formed part of an all-embracing agenda through World Summit, UN General Assembly resolutions, international and regional days and decades designated to promote children's rights. Such gatherings and commemorations have renewed commitment to the protection and promotion of children's rights and have enthused governments, CSO's and other actors to pledge to take specific actions for the well being of our children.
The African Union has established mechanisms for protection and promotion of the rights of children in Africa. The African Committee of Experts on the Rights and Welfare of the Child was created by the African Charter on the Rights and Welfare of the Child and it empowers the committee to consider individual complaints.
The African Commission on Human and People's rights was established by the African Charter on Human and People's Rights. The Charter allows the Commission to supervise and monitor all rights enshrined in the Charter.
The African Court on Human and People's Right was established by the protocol on the Establishment of an African Court on Human and People's Rights. The protocol entered into force in 2006, but has not yet begun its work.
Though much has been done in Africa in connection with child rights, still much is left to be done. In most of African countries, children are yet to fully enjoy their rights to live, grow and develop in terms of food, education, health and hygiene. The African child is still affected by the cruelty of poverty, HIV/AIDS, violence and armed conflicts. It is estimated that sub-Sahara Africa has the highest child labour rate in the world.
Furthermore, while child mortality on the African continent has declined between the 1970s and early 1990s, this trend has since reversed. Diseases such as malaria have undermined efforts to ensure children have a right to live and to grow free from preventable diseases. It is estimated that 19,000 African children die daily from easily curable diseases and that 80 percent of the world's HIV-positive children under the age of 15 live in Africa. With regard to conflicts, thousands of children some as young as nine (9) years old are involved in armed conflict in several countries in the African continent.
Honourable Chairperson, the Government of the United Republic of Tanzania, an active member of the United Nations reiterates its commitment to observance of and compliance to international instruments to which it is party to and urges other state actors to adhere to International Law in the manner that is conducive to coexistence to states of the world.
My Government recognizes that children are both the present and future of the nation and hence it is all out to ensure that child rights are promoted and protected. However, poverty and the adverse effects of globalization are the militating factors in achieving the set objectives. Tanzania has ratified international and regional instruments which protect the rights and the well being of the child, but lack of adequate resources has resulted into provision of inadequate services in education, health, water and sanitation, transportation of children to and from school, and effective implementation of juvenile justice system.
Some factors that affect children's well being are a result of cultural practices and traditions e.g. early marriages. HIV/AIDS is a serious obstacle as children fall victim to infection, become care givers of sick parents and some end up as orphans because of the resulting deaths of parents. As per UNICEF and UNAIDS 2006 report, 12 million out of the 48 orphans in sub-Saharan Africa, have lost one or both parents due to AIDS. There are other cross-boarder crimes with effect on child rights e.g. drug trafficking, related money laundering and human trafficking. The latter affects mainly the women and children negatively as they are forced into prostitution and domestic labor. Other factors include climate change, environmental degradation and conflicts. The refugee child is in double or triple jeopardy because the displacement has negative effects on its basic necessities like food and housing and also on education and health. Who knows what goes through a child's mind when faced with peculiar hardships and what are negative effects in the future at both the personal and societal levels?
The Government of Tanzania is aware of the recommendations of the 7th International Conference of Chief Justices at Lucknow, India in its endeavours to protect the best interests of its children. Room for proper interpretation of the international laws in the domestic court system is provided and supported by an atmosphere of love, unity, goodwill and peace that will give Tanzanian children a smooth transition into adulthood and hence be able to contribute effectively to the development of our planet Earth, a perfectly peaceful and prosperous global village.
Honourable Chairman, I must acknowledge the role of Municipal and national Courts in fostering and integrating rules of international law in domestic settings. However, much more needs to be done for children to effectively achieves sustainable peace and development.
One way of bringing the necessary changes is the introduction of the human rights and peace education in educational and training curricula throughout the world. There is also a great need in each jurisdiction to increase awareness and information regarding international law in legal training and in continuing judicial education. Governments of the world are called upon to demonstrate their commitment to child rights beyond the international instruments and mechanisms in the creation of a better world for tomorrow. To do that we have to move to the cause, from the world of pleasure to the world of duty. We are duty bound by the children and for that purpose they are our inspiration.
Let us struggle to make the world a better place for all because a world fit for children is a world fit for everyone.
I thank you for your kind attention.
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