Ombudsman for children in East AfricaKenya and Uganda Professor Willy-Tore Mørch University of Tromsø Faculty of health sciences, RKBU Annual IY conference, Wales ,April 10th 2014
Percent score on«PeabodyIndividualachievment test – math» related to parental income and age
Rate ofreturn to human capitalinvestment (Opportunitycostsoffunds = ifinvested in savings)
Ombudsperson for children • An autonomusnationalinstitution, independentofthegovernment and politicalparties, thatensurestheaccountabilityofgovernmentthrougheffectivelyoverseeingtheadministrationofgovernment services in itsjurisdiction and providing an independentcomplaintmechanism for citizens in case ofmaladministration. • The fist ombudsperson in theworldwasestablished in Norway in 1981 • Today: over 100 ombudspersons aroundtheworld • Wales: ChildrensCommissioner for Wales (Est. 2001). A separate human rightsinstitution.
Convention onthe Rights ofthe Child • To protectchildren from violenceofthe Convention onthe Rights ofthe Child (CRC) (1989). The rightshave beenclassified as promotion, protection and participation. • Three Optionalprotocols: • On the sale ofchildren, childpornography and childprostitution (2000) • On theinvolvementofchildren in armedconflicts (2000) • On communicationprocedure (2011)
Ombudsperson for children • The tasksareto monitor and investigate all institutions and agenciesworkingwithchildren (schools, hospitals, chilldprotection, mental health) and giveadvice to theGovernment. • Beeing a watch dog
The Norwegian legal delegation • Ombudsperson for children in Norway Dr. Anne Lindboe (paediatrician) • Deputy ombudsperson Knut Haanes (psychologist) • Legal advisor Ivar Stokkereit, UNICEF Norway • Child psychologist Magne Raundalen (Former UNICEF secretary general) • Dr. Willy-Tore Mørch (Professor in child and adolesent mental health and grandfather)
ChangiliaChildren’shome, Nairobi, KenyaResponsible for aprox. 80 children from a slum area of 300 000 people
The Kenya situation • 21,3 millchildren under 18 yearsof age. (50% ofthepopulation) • 46% ofthechildren live in extremepowerty • Only 37,5% ofthechildrenareborn under satisfactoryhealthconditions • 75% ofthechildrenaredeprivedofbasiclivingconditions like food, care, school and accomodation • Despitethatphysicalpunishment in schools is prohibited, 80% ofthechildrenarebeated by theirteachers. • 100% ofthechildrenarebeated by theirparents
The mission in Kenya and Uganda • To initiate a process for establishing an ombudsperson for children in thesecountries • The local UNICEF hadprepared for and organizedmeetingsbetweenthedelegation and theauthorities in bothcountries • The Norwegian Embassy in Kenya and Uganda assistedwithimportantinformation and practical arrangements
Human rightsagenciesin Kenya Kenya National Commission on Human Rights (KNCHR) • “an autonomous national Human rights institution established under article 59 of the Constitution of Kenya 2010 with the core mandate of furthering the promotion and protection of human rights in Kenya. It is a successor to the body of the same name established by an earlier Act of Parliament in 2002, that later became operational in July 2003.The KNCHR succeeded the Standing Committee on Human Rights established in 1996 through presidential decree. The Commission is established in accordance with the United Nations approved Paris Principles. The management team consists of five Commissioners and the Secretariat.”
Kenya Human Rights Commission (KHRC) • “Our mission is to foster human rights, democratic values, human dignity and social justice. • This will be achieved through multiple strategies and actions aimed at entrenching human rights and democratic values in the society by facilitating and supporting individuals, communities and groups to claim and defend their rights and holding state and non-state actors accountable for the protection and respect of all human rights for all peoples and groups.”
Kenya Alliance for the Advancement of Children (KAAC) • Kenya Alliance for Advancement of Children (KAACR) is national umbrella body for NGO’s cooperation and exchange of information on children rights in Kenya with a membership of over 100 children agencies in Kenya.. • KAACR envisions a society that protects all the rights of children and youth to survive, develop and participate in all matters concerning them. KAACR’s mission is to advocate for and promote the realization of rights and responsibilities of children and youth in Kenya. • Notice the R (Rights) in the text (KAACR), but not in the name of the organization
National Gender and Equality Commission (NGEC) • National Gender Equality Commission is a constitutional Commission established by an Act of Parliament in August 2011, as a successor commission to the Kenya National Human Rights and Equality Commission with the objectives of promoting gender equality and freedom from discrimination.
Human rightsagenciesin Uganda Uganda Human Rights Commission (UHRC) og National Council for Children (NCC) • The Uganda Human Rights Commission (UHRC) was established under the 1995 Constitution of the Republic of Uganda to promote and protect human rights and freedoms in the country
National Council for Children (NCC) • National Council for Children was established by Act of Parliament (NCC Act Cap 60) in 1996 as a semi-autonomous institution. MISSION: To provide a structure and mechanism which will ensure proper coordination, monitoring and evaluation of policies and programs relating to survival, development, protection and participation of the child and other connected matters • OBJECTIVES: To act as a body through which the needs and problems of children can be communicated to Government and other decision-making institutions and agencies in Uganda.
Otheragenciesvisited by the Norwegian delegation in Uganda • Uganda Parliamentary Forum for Children, • Ministry of Gender, Labour and Social Development (MoGLSD) • Justice, Law and Order Sector (JLOS).
Kenya Alliance for the Advancement of Children (KAAC) The photografer is me
Ombudsperson Anne Lindboe and The Norwegian Ambassador to Uganda Thorbjørn Gaustadsætherwrotethisarticle in Uganda’sbiggestnewspaper
National Council for Children (NCC) in UgandaSecretary General Kiiza Martin and the Ombudsperson for Children in Norway dr Anne Lindboe
Meeting in The Ministry of Gender, Labour and Social Development in Uganda.
Justice LameckMukasa, Head of the Criminal Division of the High Court (Middle) addressing a meeting with the visiting UNICEF Legal Advisory delegation from Norway on 16 January 2014
Uganda has ratifiedseveral human right acts for children • The Convention onthe Rights ofthe Child (CRC), ratified in 1990 • The African Charter on the Rights and Welfare of the Child (ACRWC) in2000. • International Labour Organization’sconvensjonno182 aboutchildren’slabour problems in 2002 The problem is the gap betweenthe human rightsacts and theenforcementofthe legal provisions. In thispicture, an Ombudsperson is extremelyimportant
The nextsteps The Ministry of Gender, Labour and Social Development and UNICEF decided to appoint a task force with mandate to develop a “concept report” and will be further developed to a proposal for a new ombudsperson model in Uganda. The Norwegian Ombudsperson will have a consultatory role • UNICEF has the practical responsibility for the report • UNICEF organize the consultatory work with the different parties • The Ombudsperson for children in Norway continue the professional support • The Ministry og Gender, Labour and Social Development is responsible for being host for the process.