Background
The African Union developed Agenda 2063 as the strategic blue print encapsulating seven aspirations for the continent of Africa. For the realization of this agenda, Aspiration six provides for people driven development. Paragraph 53 under aspiration six infers that the precursor to having people driven development is the full implementation of the African Charter on the Rights and Welfare of the Child (ACRWC). It is from this provision that the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) enunciated Agenda 2040, a document that is meant to ensure full implementation of the ACRWC. Agenda 2040 has ten aspirations, which when realized, will become an inevitable launching pad for the realization of the continental agenda.
It is however important to know that there are certain prerequisites for making all the aspirations a reality. One indispensable condition is for the children to grow up in enabling environments where they can realize their full potential. In light of this, the Preamble of the ACRWC underscores the need for every child to grow up a family environment in an atmosphere of happiness, love and understanding. This will ensure full and harmonious development of the child’s personality. Be though as it may, the continent of Africa is face with a challenge where children are without parental care and some are at the risk of losing parental care. The travesty about this scenario is that there has not been a continental effort to appreciate the scale of the predicament. Globally though, there are about 220 million children without adequate parental care[1]. One in 10 children under the age of 18 years lives with neither biological parent and various national demographic studies show that a good percentage of these are orphans with one or both parents dead.[2] The ACRWC in Article 19 posit that ‘every child shall be entitled to the enjoyment of parental care and protection and shall, whenever possible, have the right to reside with his or her parents.’ This provision of the Charter is premised on the understanding that parental care is the first level of protection for children.
In the absence of parental care, children are left at a higher risk of discrimination, abuse, exploitation, and inadequate care as their wellbeing may not be properly monitored. As such, a family environment is recognized as one of the prerequisites for the optimum development of a child. In cases where a child is not able to live within a family, efforts must be made to ensure that the mode of care provided to the child is temporary and that continuous efforts are made to place them within a family. This philosophy is the basis for the growing momentum for other care options that are in the best interests of the child.
Much as there are many such children in need of parental care, in Africa, domestic adoptions and other family based solutions (such as foster care, kinship care, Kafalah and others) are not sufficiently promoted, developed or applied. As a result, many children end up in institutional care and some are given for international adoption. Yet, Africa is not well equipped in law, policy and practice, to uphold appropriate childcare and protection when they are adopted internationally. Institutional care on the other hand, also has its own problems in that in the absence of child protection systems, children often receive inadequate care and are vulnerable to emotional, sexual and physical abuse and exploitation. Their life chances and potential are affected. This is particularly also worse for children with disabilities as they are institutionalised even where parental care could easily be provided. Domestic, family based care helps children to grow in an environment with strong bonds with their carers and their physical and cognitive development is greatly enhanced. As such, local and traditional family based options of care for children in need of parental care ought to be promoted. However, many countries in Africa do not have adequate systems to preserve and strengthen families and communities to be able to provide care to children without parental care. There is therefore a need to promote an integrated approach and ensure that coherent alternative care systems, focusing on family based local solutions are promoted in Africa.
However, much as the phenomenon of children without parental care is a growing one in Africa, there is a big evidence gap in terms of the scale and magnitude of the problem, as well as the programmatic responses. To date, no comprehensive study has been conducted at the continental level, covering all countries as well as the various forms and of care and the gaps and challenges in ensuring that all children have access to parental care.
In response to the realization of the need to intervene in ensuring that the issue of children without parental care needs attention, the UN General Assembly’s Third Committee adopted an annual resolution on the Rights of the Child (A/C.3/74/L.21/Rev.1), focusing on Children Without Parental Care (CWPC), as one of the world’s most vulnerable populations. The Resolution urges governments to put in place programs, policies and investments to better fulfill the rights of children without parental care, ensuring that the professionals and systems serving them do so with a rights-based and participatory approach. Adoption of this resolution, creates the momentum to take action for improving the situation of millions of families and children around the world.
In November 2019, during the 34th Ordinary Session of the African Committee of Experts on the Rights and Welfare of the Child (ACERWC), the Committee resolved to undertake a continental research on the nature and scope of children without parental care and those at the risk of losing parental care. SOS Children’s Villages, UNICEF and ACPF committed to support the ACERWC this endeavor.
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