Executive Summary
Ethiopia has recently drafted a National Child Policy in 2011. With the overall... more Executive Summary Ethiopia has recently drafted a National Child Policy in 2011. With the overall objective of assessing whether the Draft National Child Policy is adequate to protect and promote the rights and welfare of children, a child impact assessment has been conducted. This report holds the outcome of this child impact assessment. In order to undertake this impact assessment, the researchers employed a qualitative research method. This assessment report gives an overview on the foundations for child impact assessment by considering the historical and theoretical aspects, definition and rationale of child impact assessment. It also discusses international and regional human right norms, principles and standards relating to the rights of children which are the basis for a child impact assessment. It particularly focuses on the four basic principles of the UN Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC) and implementation measures expected from States Parties. It also addresses global and regional policy commitments for the betterment of child rights protection. It also draws a picture on the actual situation of children in Ethiopia by relying on various research and different national policies to show the existing policy safeguards to children. It also briefly considers the existing legislative framework for the protection of children. By relying on the aforementioned, the assessment has analysed the process and approach undertaken during the drafting of the Policy, normative adequacy of the Draft National Child Policy, implementation and enforcement strategies, coordination among stakeholders’ and social mobilization, budget and resources allocations, and monitoring and evaluation mechanisms. Accordingly, the research has principally identified a failure to put the CRC as a reference point and apply human rights-based approach, which would ensure compliance with international human rights norms and concrete realization of human rights. This lack of clear and conventional approach has caused its own pitfalls in the drafting and process of developing of a comprehensive and holistic national child policy that could be effectively implemented. The Situational Analysis, the document upon which the Policy was developed, was limited in its scope and data. Despite its importance for the development of the Policy, the Situational Analysis has not been finalized and made available to the general public. In addition, the participation of governmental and non-governmental stakeholders was irregular and limited. The drafting process failed to adequately collect the views of the extensive range of stakeholders in child rights issues and those who will be directly and indirectly affected by the Policy. Children from all regions have not been reached to take part in the minimal consultation effort carried out during the drafting process. Even those who were said to be reached have not been consulted in a child friendly manner. Moreover, the entire process of making the Policy including the consultation processes has not been adequately documented. It is commendable that the Draft National Child Policy has adopted the four fundamental principles of child rights. Especially in relation with the best interest of the child, the Draft Child Policy considers the best interest of the child as the primary consideration in any decision, which is a stronger guarantee than the CRC, which considers the best interest of the child to be a primary consideration. However, it failed either to recognize or fully and clearly capture the essence of the core human rights principles or rightly promote them throughout the document. This has created its own major gaps. For instance, it failed to adequately address the special needs of children especially of girls and children of pastoralists. Moreover, issues related with children in conflict with the law, child trafficking, early marriage and corporal punishment that have been identified as priority issues by the Situational Analysis and other studies have not been sufficiently addressed. A comprehensive and holistic approach to systematically deal with different categories of rights and safeguard children’s rights is affected by failure to sufficiently consider the core human rights principles. It also does not clearly guarantee the systematic involvement and direct participation of all sectors of society, particularly children. The enforcement mechanisms that are provided under the Policy fail to clearly outline the mandate of different structures. The Draft Child Policy is silent when it comes to the status of CRC in the domestic law and signing and/or ratification of the three Optional Protocols to the CRC. It has not addressed the need to harmonize national laws with international human rights standards and norms. It also failed to consider the realization of other human rights instruments pertinent to children to which Ethiopia is a party. The Policy failed to clearly define the responsibilities and obligations of government bodies in light of the specific elements of the Policy which makes it challenging to ensure accountability on the side of government stakeholders. Even though it has recognized the role of local aid organizations and associations, it has not laid down how they can carry out their responsibilities in light of the existing legislative framework of the country. The Draft Policy merely provides that the government shall allocate resources with due regard to the economy of the country for the provision of the services mentioned in the policy. It also fails to use progressive terms to pronounce positive obligations. In relation with budgetary issues, the Policy still remains to be synchronized with other development plans of the country and specific duties of pertinent stakeholders. In addition, the Draft Child Policy provides that a monitoring, evaluation and report system will be set up at a national level clearly encouraging self-monitoring mechanism with no definite time frame. Accordingly, the assessment provided recommendations to address each of the aforementioned limitations of the Draft Child Policy. It is recommended that the entire process starting from the review of situations to the development of the Policy adopt a human rights-based approach. Moreover, there should be a popular participation of all relevant stakeholders’ at all levels as well as those who will be directly and indirectly affected. The process of developing the Policy should be transparent and information should be made available to the general public. Above all, child participation should be appropriately employed at all stages of development of the Policy. In terms of normative adequacy, the Draft Child Policy should clearly stipulate the status of the CRC, ACRWC and other human rights instruments pertinent to children. Apart from the founding fundamental principles of children’s rights, the core general human rights principles should also be recognized in the Policy. Moreover, critical issues identified under the Situational Analysis such as issues related with children in conflict with the law, child trafficking, early marriage and corporal punishment should be adequately addressed. The dire situation of a girl child should also be specifically addressed by mainstreaming gender equality in the Policy. Appropriate institutional reforms and capacity building initiative, which takes into account the existing situations, child service providers and special child related initiatives should be put in place to effectively implement the Policy. The overall implementation of the Policy should adopt multi-sectorial and integrated approach to guarantee the inclusion of all stakeholders working on children’s issues. Moreover, the mandate of each structure to be established by the Child Policy should be clearly spelled-out and the hierarchy between them should be clearly defined. In the light of existing legislative framework, the Policy should also clearly provide how civil society organizations could actively support government’s efforts to realize children’s rights. For the effective implementation of the Policy as well as to adequately protect children’s rights, the Government should guarantee the provision of adequate human and financial resources and should outline its commitment to allocate ever-increasing resources for the realization of children’s rights and the specific duties of stakeholders related with budgeting. The Policy should also set out effective, efficient, regular and impartial monitoring mechanism to evaluate the actual impact for the Policy on children in Ethiopia.
Executive Summary
Ethiopia has recently drafted a National Child Policy in 2011. With the overall... more Executive Summary Ethiopia has recently drafted a National Child Policy in 2011. With the overall objective of assessing whether the Draft National Child Policy is adequate to protect and promote the rights and welfare of children, a child impact assessment has been conducted. This report holds the outcome of this child impact assessment. In order to undertake this impact assessment, the researchers employed a qualitative research method. This assessment report gives an overview on the foundations for child impact assessment by considering the historical and theoretical aspects, definition and rationale of child impact assessment. It also discusses international and regional human right norms, principles and standards relating to the rights of children which are the basis for a child impact assessment. It particularly focuses on the four basic principles of the UN Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC) and implementation measures expected from States Parties. It also addresses global and regional policy commitments for the betterment of child rights protection. It also draws a picture on the actual situation of children in Ethiopia by relying on various research and different national policies to show the existing policy safeguards to children. It also briefly considers the existing legislative framework for the protection of children. By relying on the aforementioned, the assessment has analysed the process and approach undertaken during the drafting of the Policy, normative adequacy of the Draft National Child Policy, implementation and enforcement strategies, coordination among stakeholders’ and social mobilization, budget and resources allocations, and monitoring and evaluation mechanisms. Accordingly, the research has principally identified a failure to put the CRC as a reference point and apply human rights-based approach, which would ensure compliance with international human rights norms and concrete realization of human rights. This lack of clear and conventional approach has caused its own pitfalls in the drafting and process of developing of a comprehensive and holistic national child policy that could be effectively implemented. The Situational Analysis, the document upon which the Policy was developed, was limited in its scope and data. Despite its importance for the development of the Policy, the Situational Analysis has not been finalized and made available to the general public. In addition, the participation of governmental and non-governmental stakeholders was irregular and limited. The drafting process failed to adequately collect the views of the extensive range of stakeholders in child rights issues and those who will be directly and indirectly affected by the Policy. Children from all regions have not been reached to take part in the minimal consultation effort carried out during the drafting process. Even those who were said to be reached have not been consulted in a child friendly manner. Moreover, the entire process of making the Policy including the consultation processes has not been adequately documented. It is commendable that the Draft National Child Policy has adopted the four fundamental principles of child rights. Especially in relation with the best interest of the child, the Draft Child Policy considers the best interest of the child as the primary consideration in any decision, which is a stronger guarantee than the CRC, which considers the best interest of the child to be a primary consideration. However, it failed either to recognize or fully and clearly capture the essence of the core human rights principles or rightly promote them throughout the document. This has created its own major gaps. For instance, it failed to adequately address the special needs of children especially of girls and children of pastoralists. Moreover, issues related with children in conflict with the law, child trafficking, early marriage and corporal punishment that have been identified as priority issues by the Situational Analysis and other studies have not been sufficiently addressed. A comprehensive and holistic approach to systematically deal with different categories of rights and safeguard children’s rights is affected by failure to sufficiently consider the core human rights principles. It also does not clearly guarantee the systematic involvement and direct participation of all sectors of society, particularly children. The enforcement mechanisms that are provided under the Policy fail to clearly outline the mandate of different structures. The Draft Child Policy is silent when it comes to the status of CRC in the domestic law and signing and/or ratification of the three Optional Protocols to the CRC. It has not addressed the need to harmonize national laws with international human rights standards and norms. It also failed to consider the realization of other human rights instruments pertinent to children to which Ethiopia is a party. The Policy failed to clearly define the responsibilities and obligations of government bodies in light of the specific elements of the Policy which makes it challenging to ensure accountability on the side of government stakeholders. Even though it has recognized the role of local aid organizations and associations, it has not laid down how they can carry out their responsibilities in light of the existing legislative framework of the country. The Draft Policy merely provides that the government shall allocate resources with due regard to the economy of the country for the provision of the services mentioned in the policy. It also fails to use progressive terms to pronounce positive obligations. In relation with budgetary issues, the Policy still remains to be synchronized with other development plans of the country and specific duties of pertinent stakeholders. In addition, the Draft Child Policy provides that a monitoring, evaluation and report system will be set up at a national level clearly encouraging self-monitoring mechanism with no definite time frame. Accordingly, the assessment provided recommendations to address each of the aforementioned limitations of the Draft Child Policy. It is recommended that the entire process starting from the review of situations to the development of the Policy adopt a human rights-based approach. Moreover, there should be a popular participation of all relevant stakeholders’ at all levels as well as those who will be directly and indirectly affected. The process of developing the Policy should be transparent and information should be made available to the general public. Above all, child participation should be appropriately employed at all stages of development of the Policy. In terms of normative adequacy, the Draft Child Policy should clearly stipulate the status of the CRC, ACRWC and other human rights instruments pertinent to children. Apart from the founding fundamental principles of children’s rights, the core general human rights principles should also be recognized in the Policy. Moreover, critical issues identified under the Situational Analysis such as issues related with children in conflict with the law, child trafficking, early marriage and corporal punishment should be adequately addressed. The dire situation of a girl child should also be specifically addressed by mainstreaming gender equality in the Policy. Appropriate institutional reforms and capacity building initiative, which takes into account the existing situations, child service providers and special child related initiatives should be put in place to effectively implement the Policy. The overall implementation of the Policy should adopt multi-sectorial and integrated approach to guarantee the inclusion of all stakeholders working on children’s issues. Moreover, the mandate of each structure to be established by the Child Policy should be clearly spelled-out and the hierarchy between them should be clearly defined. In the light of existing legislative framework, the Policy should also clearly provide how civil society organizations could actively support government’s efforts to realize children’s rights. For the effective implementation of the Policy as well as to adequately protect children’s rights, the Government should guarantee the provision of adequate human and financial resources and should outline its commitment to allocate ever-increasing resources for the realization of children’s rights and the specific duties of stakeholders related with budgeting. The Policy should also set out effective, efficient, regular and impartial monitoring mechanism to evaluate the actual impact for the Policy on children in Ethiopia.
Uploads
Papers by Rakeb Aberra
Ethiopia has recently drafted a National Child Policy in 2011. With the overall objective of assessing whether the Draft National Child Policy is adequate to protect and promote the rights and welfare of children, a child impact assessment has been conducted. This report holds the outcome of this child impact assessment.
In order to undertake this impact assessment, the researchers employed a qualitative research method. This assessment report gives an overview on the foundations for child impact assessment by considering the historical and theoretical aspects, definition and rationale of child impact assessment. It also discusses international and regional human right norms, principles and standards relating to the rights of children which are the basis for a child impact assessment. It particularly focuses on the four basic principles of the UN Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC) and implementation measures expected from States Parties. It also addresses global and regional policy commitments for the betterment of child rights protection. It also draws a picture on the actual situation of children in Ethiopia by relying on various research and different national policies to show the existing policy safeguards to children. It also briefly considers the existing legislative framework for the protection of children.
By relying on the aforementioned, the assessment has analysed the process and approach undertaken during the drafting of the Policy, normative adequacy of the Draft National Child Policy, implementation and enforcement strategies, coordination among stakeholders’ and social mobilization, budget and resources allocations, and monitoring and evaluation mechanisms.
Accordingly, the research has principally identified a failure to put the CRC as a reference point and apply human rights-based approach, which would ensure compliance with international human rights norms and concrete realization of human rights. This lack of clear and conventional approach has caused its own pitfalls in the drafting and process of developing of a comprehensive and holistic national child policy that could be effectively implemented.
The Situational Analysis, the document upon which the Policy was developed, was limited in its scope and data. Despite its importance for the development of the Policy, the Situational Analysis has not been finalized and made available to the general public. In addition, the participation of governmental and non-governmental stakeholders was irregular and limited. The drafting process failed to adequately collect the views of the extensive range of stakeholders in child rights issues and those who will be directly and indirectly affected by the Policy. Children from all regions have not been reached to take part in the minimal consultation effort carried out during the drafting process. Even those who were said to be reached have not been consulted in a child friendly manner. Moreover, the entire process of making the Policy including the consultation processes has not been adequately documented.
It is commendable that the Draft National Child Policy has adopted the four fundamental principles of child rights. Especially in relation with the best interest of the child, the Draft Child Policy considers the best interest of the child as the primary consideration in any decision, which is a stronger guarantee than the CRC, which considers the best interest of the child to be a primary consideration.
However, it failed either to recognize or fully and clearly capture the essence of the core human rights principles or rightly promote them throughout the document. This has created its own major gaps. For instance, it failed to adequately address the special needs of children especially of girls and children of pastoralists. Moreover, issues related with children in conflict with the law, child trafficking, early marriage and corporal punishment that have been identified as priority issues by the Situational Analysis and other studies have not been sufficiently addressed. A comprehensive and holistic approach to systematically deal with different categories of rights and safeguard children’s rights is affected by failure to sufficiently consider the core human rights principles. It also does not clearly guarantee the systematic involvement and direct participation of all sectors of society, particularly children.
The enforcement mechanisms that are provided under the Policy fail to clearly outline the mandate of different structures. The Draft Child Policy is silent when it comes to the status of CRC in the domestic law and signing and/or ratification of the three Optional Protocols to the CRC. It has not addressed the need to harmonize national laws with international human rights standards and norms. It also failed to consider the realization of other human rights instruments pertinent to children to which Ethiopia is a party.
The Policy failed to clearly define the responsibilities and obligations of government bodies in light of the specific elements of the Policy which makes it challenging to ensure accountability on the side of government stakeholders. Even though it has recognized the role of local aid organizations and associations, it has not laid down how they can carry out their responsibilities in light of the existing legislative framework of the country.
The Draft Policy merely provides that the government shall allocate resources with due regard to the economy of the country for the provision of the services mentioned in the policy. It also fails to use progressive terms to pronounce positive obligations. In relation with budgetary issues, the Policy still remains to be synchronized with other development plans of the country and specific duties of pertinent stakeholders. In addition, the Draft Child Policy provides that a monitoring, evaluation and report system will be set up at a national level clearly encouraging self-monitoring mechanism with no definite time frame.
Accordingly, the assessment provided recommendations to address each of the aforementioned limitations of the Draft Child Policy.
It is recommended that the entire process starting from the review of situations to the development of the Policy adopt a human rights-based approach. Moreover, there should be a popular participation of all relevant stakeholders’ at all levels as well as those who will be directly and indirectly affected. The process of developing the Policy should be transparent and information should be made available to the general public. Above all, child participation should be appropriately employed at all stages of development of the Policy.
In terms of normative adequacy, the Draft Child Policy should clearly stipulate the status of the CRC, ACRWC and other human rights instruments pertinent to children. Apart from the founding fundamental principles of children’s rights, the core general human rights principles should also be recognized in the Policy. Moreover, critical issues identified under the Situational Analysis such as issues related with children in conflict with the law, child trafficking, early marriage and corporal punishment should be adequately addressed. The dire situation of a girl child should also be specifically addressed by mainstreaming gender equality in the Policy.
Appropriate institutional reforms and capacity building initiative, which takes into account the existing situations, child service providers and special child related initiatives should be put in place to effectively implement the Policy. The overall implementation of the Policy should adopt multi-sectorial and integrated approach to guarantee the inclusion of all stakeholders working on children’s issues. Moreover, the mandate of each structure to be established by the Child Policy should be clearly spelled-out and the hierarchy between them should be clearly defined. In the light of existing legislative framework, the Policy should also clearly provide how civil society organizations could actively support government’s efforts to realize children’s rights.
For the effective implementation of the Policy as well as to adequately protect children’s rights, the Government should guarantee the provision of adequate human and financial resources and should outline its commitment to allocate ever-increasing resources for the realization of children’s rights and the specific duties of stakeholders related with budgeting. The Policy should also set out effective, efficient, regular and impartial monitoring mechanism to evaluate the actual impact for the Policy on children in Ethiopia.
Ethiopia has recently drafted a National Child Policy in 2011. With the overall objective of assessing whether the Draft National Child Policy is adequate to protect and promote the rights and welfare of children, a child impact assessment has been conducted. This report holds the outcome of this child impact assessment.
In order to undertake this impact assessment, the researchers employed a qualitative research method. This assessment report gives an overview on the foundations for child impact assessment by considering the historical and theoretical aspects, definition and rationale of child impact assessment. It also discusses international and regional human right norms, principles and standards relating to the rights of children which are the basis for a child impact assessment. It particularly focuses on the four basic principles of the UN Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC) and implementation measures expected from States Parties. It also addresses global and regional policy commitments for the betterment of child rights protection. It also draws a picture on the actual situation of children in Ethiopia by relying on various research and different national policies to show the existing policy safeguards to children. It also briefly considers the existing legislative framework for the protection of children.
By relying on the aforementioned, the assessment has analysed the process and approach undertaken during the drafting of the Policy, normative adequacy of the Draft National Child Policy, implementation and enforcement strategies, coordination among stakeholders’ and social mobilization, budget and resources allocations, and monitoring and evaluation mechanisms.
Accordingly, the research has principally identified a failure to put the CRC as a reference point and apply human rights-based approach, which would ensure compliance with international human rights norms and concrete realization of human rights. This lack of clear and conventional approach has caused its own pitfalls in the drafting and process of developing of a comprehensive and holistic national child policy that could be effectively implemented.
The Situational Analysis, the document upon which the Policy was developed, was limited in its scope and data. Despite its importance for the development of the Policy, the Situational Analysis has not been finalized and made available to the general public. In addition, the participation of governmental and non-governmental stakeholders was irregular and limited. The drafting process failed to adequately collect the views of the extensive range of stakeholders in child rights issues and those who will be directly and indirectly affected by the Policy. Children from all regions have not been reached to take part in the minimal consultation effort carried out during the drafting process. Even those who were said to be reached have not been consulted in a child friendly manner. Moreover, the entire process of making the Policy including the consultation processes has not been adequately documented.
It is commendable that the Draft National Child Policy has adopted the four fundamental principles of child rights. Especially in relation with the best interest of the child, the Draft Child Policy considers the best interest of the child as the primary consideration in any decision, which is a stronger guarantee than the CRC, which considers the best interest of the child to be a primary consideration.
However, it failed either to recognize or fully and clearly capture the essence of the core human rights principles or rightly promote them throughout the document. This has created its own major gaps. For instance, it failed to adequately address the special needs of children especially of girls and children of pastoralists. Moreover, issues related with children in conflict with the law, child trafficking, early marriage and corporal punishment that have been identified as priority issues by the Situational Analysis and other studies have not been sufficiently addressed. A comprehensive and holistic approach to systematically deal with different categories of rights and safeguard children’s rights is affected by failure to sufficiently consider the core human rights principles. It also does not clearly guarantee the systematic involvement and direct participation of all sectors of society, particularly children.
The enforcement mechanisms that are provided under the Policy fail to clearly outline the mandate of different structures. The Draft Child Policy is silent when it comes to the status of CRC in the domestic law and signing and/or ratification of the three Optional Protocols to the CRC. It has not addressed the need to harmonize national laws with international human rights standards and norms. It also failed to consider the realization of other human rights instruments pertinent to children to which Ethiopia is a party.
The Policy failed to clearly define the responsibilities and obligations of government bodies in light of the specific elements of the Policy which makes it challenging to ensure accountability on the side of government stakeholders. Even though it has recognized the role of local aid organizations and associations, it has not laid down how they can carry out their responsibilities in light of the existing legislative framework of the country.
The Draft Policy merely provides that the government shall allocate resources with due regard to the economy of the country for the provision of the services mentioned in the policy. It also fails to use progressive terms to pronounce positive obligations. In relation with budgetary issues, the Policy still remains to be synchronized with other development plans of the country and specific duties of pertinent stakeholders. In addition, the Draft Child Policy provides that a monitoring, evaluation and report system will be set up at a national level clearly encouraging self-monitoring mechanism with no definite time frame.
Accordingly, the assessment provided recommendations to address each of the aforementioned limitations of the Draft Child Policy.
It is recommended that the entire process starting from the review of situations to the development of the Policy adopt a human rights-based approach. Moreover, there should be a popular participation of all relevant stakeholders’ at all levels as well as those who will be directly and indirectly affected. The process of developing the Policy should be transparent and information should be made available to the general public. Above all, child participation should be appropriately employed at all stages of development of the Policy.
In terms of normative adequacy, the Draft Child Policy should clearly stipulate the status of the CRC, ACRWC and other human rights instruments pertinent to children. Apart from the founding fundamental principles of children’s rights, the core general human rights principles should also be recognized in the Policy. Moreover, critical issues identified under the Situational Analysis such as issues related with children in conflict with the law, child trafficking, early marriage and corporal punishment should be adequately addressed. The dire situation of a girl child should also be specifically addressed by mainstreaming gender equality in the Policy.
Appropriate institutional reforms and capacity building initiative, which takes into account the existing situations, child service providers and special child related initiatives should be put in place to effectively implement the Policy. The overall implementation of the Policy should adopt multi-sectorial and integrated approach to guarantee the inclusion of all stakeholders working on children’s issues. Moreover, the mandate of each structure to be established by the Child Policy should be clearly spelled-out and the hierarchy between them should be clearly defined. In the light of existing legislative framework, the Policy should also clearly provide how civil society organizations could actively support government’s efforts to realize children’s rights.
For the effective implementation of the Policy as well as to adequately protect children’s rights, the Government should guarantee the provision of adequate human and financial resources and should outline its commitment to allocate ever-increasing resources for the realization of children’s rights and the specific duties of stakeholders related with budgeting. The Policy should also set out effective, efficient, regular and impartial monitoring mechanism to evaluate the actual impact for the Policy on children in Ethiopia.