BOTSWANA: Children's bill tabled

Botswana's proposed Children's Bill will promote the well being of families and communities as well as give effect to the country's international obligations, says the Minister of Local Government, Ms Margaret Nasha.

Presenting the bill last Thursday, Ms Nasha said it is intended to replace the current Children's Act, which mainly deals with issues of custody, care, juvenile justice and other aspects of child protection.

The proposed bill is more comprehensive, and contains 121 clauses.

The minister said the bill will also give effect to the country's obligations as specified in the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child.

She said due to challenges such as HIV and AIDS and rapid urbanisation, the current Children's Act is outdated, inadequate and ineffective.

Ms Nasha said the main goal of the proposed bill is to empower the various authorities that are mandated to protect and care for children to put the best interests of the child first when performing their functions.

The proposed Bill of Child Rights, said Ms Nasha, is balanced by the provision setting out the duties and rights of parents in the upbringing of their children.

"Thus, while children are given and may exercise various rights, such as freedom of expression, they are still able to benefit from, amongst other things, parental guidance," said the minister.

She said it is also proposed that a Children's Consultative Forum be established to ensure that children are consulted on matters that affect them.

The bill also proposes a National Children's Council to facilitate the planning and coordination of all programmes intended to promote the welfare of children.

The minister explained that committees would also be established at community level to ensure that people who neglect or abuse children are not allowed to get away with the crime.

The bill further proposes the establishment of Children's Courts.

The bill proposes that children should be tried in informal court settings and should not have to come face-to-face with those accused of causing them harm.

The minister said the bill also seeks to ensure that children are not traumatised in cases where they are victims of crime.

Furthermore, the bill provides for the placement of children in alternative care if circumstances at their homes make it either difficult or impossible for them to be cared for or protected from harm.

"The idea here is to ensure that children are cared for in places of safety, such as foster homes and licensed institutions of child welfare while efforts are put in place to improve or normalise situations at their homes," said the minister.

She noted that institutions in which children may be placed to ensure their safety, security and general well being, would be licensed to ensure monitoring and unhindered access by child care officials.

The bill also prohibits the abduction and trafficking of children as well as their abuse and exploitation.

She said the intention is also to severely punish those who expose children to pornography and narcotic substances.

It also sets out punishment for those who cruelly treat or punish children and involve them in armed conflict.

Ms Nasha also noted that the bill require all citizens to report cases of children in need of protection.

"Turning a blind eye to cases of child abuse is irresponsible, and is in itself an offence," she said.

Further information

pdf: http://www.gov.bw/cgi-bin/news.cgi?d=20090317&i=Nasha_presents_Childrens...Association: Botswana Daily News

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