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HARMONISATION Of CHIldReN'S lAwS IN eASTeRN ANd SOuTHeRN AfRICA COuNTRY BRIefS The AfricAn child Policy forum (AcPf) AcPf is an independent, pan-African institution of policy research and dialogue on the African child. AcPf was established with the conviction that putting children first on the public agenda is fundamental for the realisation of their rights and wellbeing and for bringing about lasting social and economic progress in Africa. AcPf’s work is rights based, inspired by universal values and informed by global experiences and knowledge. its work is guided by the un convention on the rights of the child, the African charter on the rights and Welfare of the child, and other relevant regional and international human rights instruments. AcPf aims to specifically contribute to improved knowledge on children in Africa; monitor and report progress; identify policy options; provide a platform for dialogue; collaborate with governments, inter-governmental organisations and civil society in the development and implementation of effective pro-child policies and programmes and also promote a common voice for children in and out of Africa. The African child Policy forum (AcPf) P.o. Box 1179, Addis Ababa, ethiopia Tel: +251 (0)116 62 81 92/96/97/99 fax: +251 (0)116 62 82 00 email: [email protected] Websites: www.africanchildforum.org www.africanchild.info © 2012 AcPf Suggested citation: AcPf (2012). Harmonisation of Children's Laws in Eastern and Southern Africa Addis Ababa: The African child Policy forum. AcknoWledgmenT AcPf is very grateful to all those involved in this review of the status of harmonisation of laws in Africa. We especially acknowledge and thank dr Benyam dawit mezmur for his role in the preparation of the country briefs. AcPf further extends its sincere gratitude to Save the children and Plan international for the financial support without which this publication would not have been possible. i i PrefAce laws are the foundation of social policies and are central to the promotion and defense of child rights and wellbeing. The African charter on the rights and Welfare of the child (AcrWc) and the un convention on the rights of the child (crc), are important instruments for advancing children’s rights. They not only fully articulate a society’s vision, but also the nature and limits of a State’s action. The ratification by most African countries of the AcrWc and crc has marked a significant milestone towards the protection and promotion of the rights of children across the region. By ratifying these treaties, African governments have acknowledged their obligations and responsibilities for children. The harmonisation of laws research seeks to audit and review the level of alignment of national laws with international and regional standards, carried by AcPf. This publication is a compilation of country briefs which is an update of preceding harmonisation research done in 19 countries in eastern and Southern Africa. As the briefs indicate, there have been some key positive developments in the domestication of children’s rights in Africa even though most countries face significant implementation challenges. The research establishes that a number of gaps remain between ratification, domestication into national legislation and practical implementation of the laws and policies adopted upon ratification. Advancing children’s rights starts with ensuring that adequate laws and policies are established. if African children are to thrive, in an African society, if the wellbeing of the African child is to be improved and protected, it is paramount that States create an environment suitable for positive child development. African governments must play an important role in bringing added value to the lives and wellbeing of children by implementing their laws and policies relating to children. it is our hope that these country briefs will not only expand the knowledge base of the current legal and policy provisions relating to children, but will also inform child rights research by identifying current gaps and challenges in laws and policies and therefore contribute to law and policy reform at country level. African governments and other stakeholders must prioritise fully harmonising laws on children and developing effective policies that will ensure that “the best interests of the child” are continuously realised both in policy and practice. With this publication, AcPf hopes to nobly deepen the understanding of children’s rights in Africa. david mugawe ii ii TABle of conTenT AknoWledgmenT .................................................................................................................... i PrefAce ..................................................................................................................................... ii 1. AnglolA ................................................................................................................................... 1 2. BoTSWAnA ........................................................................................................................... 12 3. Burundi ............................................................................................................................. 23 4. comoroS .................................................................................................................................. 34 5. eriTreA ..................................................................................................................................... 43 6. eThioPiA ................................................................................................................................... 52 7. kenyA .......................................................................................................................................... 65 8. leSoTho .................................................................................................................................... 78 9. mAdAgAScAr ............................................................................................................................ 89 10. mAlAWi ............................................................................................................................... 9 100 11. mozAmBique ............................................................................................................................ 111 12. nAmiBiA .................................................................................................................................... 122 13. rWAndA .............................................................................................................................. 10 132 14. SouTh AfricA ........................................................................................................................... 144 15. SWAzilAnd ............................................................................................................................... 157 16. TAnzAniA ................................................................................................................................... 169 17. ugAndA .................................................................................................................................... 183 18. zAmBiA ....................................................................................................................................... 195 19. zimBABWe ..................................................................................................................................205 harMoNISaTIoN of chILDreN’S LaWS IN aNgoLa HARMONISATION OF CHILDREN’S LAWS IN ANGOLA COuNTRY BRIEF internationally, as persons below the age of 18 aBSTracT years, make up about 50% of the population of angola. The legal system of angola is a combination of Portuguese civil law and customary law. angola adopted a new constitution in 2010. This The civil code, inherited from the colonial constitution has a section on fundamental rights era still continues to operate in angola. This and freedoms. a number of provisions within the law predates the convention on the rights constitution have direct and at times indirect of the child (crc) and the african charter relevance for children’s rights in the country. Like on the rights and Welfare of the child other Portuguese speaking african countries, (acrWc) and other international angola inherited the civil system from the instruments relevant to children’s rights. Portuguese colonial administration. The country’s however, there are also positive lower courts are not bound to the decisions of developments in relation to children’s rights higher courts and ratified international instruments in the country. The 2010 constitution has international law norms form part of the domestic provided for a number of rights for children. legal system once they have been officially In addition, with support from UNIcef and published.2 other Ngos and INgos, there is a process of drafting a comprehensive children’s law angola has ratified and is bound by a number of in the country. The need to expedite the international documents which protect the drafting of this law and applying it across interests of children, including, for example, the the country should be seen as one of the african charter on the rights and Welfare of the priorities of government in the field of child (acrWc) and the convention on the rights children’s rights. of the child (crc). angola has also ratified the ILo convention 182 on the elimination of Worst
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