As we commemorate International Day of the African Child today, good governance and anti-corruption drive the realisation of human rights for all.
Universal Declaration on Human Rights provides that all human beings, irrespective of age, sex, tribe, country of birth or social economic status, are entitled to respect and enjoyment of human rights.
Children play a major role in the continuity and development of Kenya. In essence, they are the future leaders who will shape policy development and interventions in all spheres of governance. The welfare of all children both at global and local arenas should be a top-priority.
Concerted efforts on children rights date back to 1948 during World War II, when the UDHR codified human rights to include humans of all age categories.
Specific to children was the adoption of the Declaration on the Rights of the Child (1959), the first major international instrument exclusively devoted to the children’s rights.
It introduced the principle of the best interests of the child to guide decisions made that would ultimately affect the children.
UN Convention on the Rights of the Child was ratified in Kenya in 1990.The Organization of African Union, now African Union, adopted the African Charter on the Rights and Welfare of the African Child in recognition of socio-cultural peculiarities of the African child.
The attention on the African child gained impetus in Kenya when the government declared 1990s as the Decade of the African child and set June 16 as the Day of the African Child.
Consequently, Kenya ratified African Charter on the Welfare of the African Child and passing of the Children’s Act in 2001.
As we take stock of the progress made in promotion of these rights as we observe Day of the African Child 2021, many questions linger regarding our commitment to the welfare of the Kenyan child.
The theme being “30 years after adoption of the charter: accelerate the implementation of Agenda 2040 for an Africa fit for children”, have we adequately put in place robust governance mechanisms to address the welfare of our children? Are we just to our children? Are policies cognizant of the plight of the Kenyan child? Are these children and adults aware of their rights? What are we doing to ensure that Corruption doesn’t stifle the enjoyment of human and children’s rights in Kenya?
Corruption erodes trust in public institutions, hinders economic development and has a disproportionate impact on enjoyment of human rights. This is particularly by the vulnerable and marginalised groups such as women and children by hampering their access to basic social rights such as healthcare, housing and education.
Corruption adversely violates the rights of children hence affecting service delivery at various levels, where children deserve to access quality healthcare, education, protection from harm and a fair justice system.
CRC recognises the rights of children to health, education, and identity, protection from abuse, discrimination, sexual abuse, child labor and trafficking among others.
Corruption-related crimes cost developing countries about $1.26 trillion annually. Wastage and diversion of public funds distort public policy leading to skewed resource allocation.
The nexus between violation of children’s rights and corruption can be seen through direct effects on children. For instance, during times of war or conflict, children and women suffer most. Similarly, when corruption affects policy implementation on matters affecting children, their rights will not be fully realised.
When donor and Exchequer funds towards implementation of water and agricultural projects and government housing (provided for in social economic rights) are misused, children miss out on the right to access to clean water, sanitation, food and nutrition and shelter.
Corruption in the education-sector denies children the right to quality education, as noted by Transparency International, Kenya. Unfortunately the right to leisure is stolen from children when public utilities such as play grounds are grabbed by private developers.
Corruption and unethical conduct such as delay and denial of services, bribery, money laundering and illicit financial flows from proceeds of crime, including human trafficking to a large extent affects the rights of children.
Children are subjected to sexual abuse or exposed to harmful media content. Children have right to a name and identity, right to protection from harm, abuse, child labour and harmful cultural practices.
Allegations of bribe taking in birth registration bureaus, school-admission, off the book payments or gifts paid to some public officials to fast track service delivery are rife. It is high time we reassessed our commitment to children’s rights.
Cases of child abuse point to abuse of office by officials dealing with child-related services, which continue to extensively undermine children’s rights.
Exposure to harmful cultural practices such as early marriages or female circumcision mostly happen under the watch of public officers induced through favours, gifts and bribes hence betraying their trust.
Children are blatantly discriminated against based on religious beliefs that shouldn’t be the case. Cases of children who die in the hands of caregivers or professionals such as doctors, teachers, and parents due to negligence, diversion of medical supplies and physical abuse flood the media platforms.
In most cases, the truth is never concealed and affected families do not get justice a result of corruption and unethical conduct.
In responding to questions raised in this article, it is imperative to acknowledge that children are affected by any action of the state.
Professor Enakshi Ganguly finds that agricultural, environmental, healthcare and educational policies significantly impact on children’s livelihoods in Every Right for Every Child: Governance and Accountability.
The effect of corruption on accessibility of quality services has implications on governance and attendant consequences on the realisation of children’s rights.
Requisite to a country fit for children is the need for stakeholders and institutions to uphold principles of non-discrimination calling for public policies to cover all rights of children and promote governance systems that address inequities.
The best interest of the child principle implies need for child-centred policies. Right to life, survival and development calls for monitoring of policy-outcomes, programs and services for survival and development of children. Right to be heard requires consultation and involvement of children in matters affecting them. Governance will not be realised if children are excluded.
Governance and anti–corruption efforts should take in to consideration the best interest of the Kenyan child – the leader of tomorrow.‘Tukomeshe Ufisadi kwa manufaa yetu na vizazi vijavyo.’
Anne Kiprotich is a governance trainer, Nairobi
