PRESS STATEMENT ON THE COMMEMORATION OF THE DAY OF THE AFRICAN CHILD - 16 JUNE 2004

POPULARISING THE AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD

DITSHWANELO - The Botswana Centre for Human Rights joins the international community in commemorating the Day of the African Child on 16 June 2004. This marks the anniversary of the Soweto Uprising, which took place on 16 June 1976 in South Africa. On that day, thousands of students took to the streets to demonstrate against the inferior quality of education, the imposition of Afrikaans as a medium of instruction and the right to be taught in their own language. The Apartheid government responded by use of lethal force that resulted in the death of several black students in Soweto, among whom was Hector Peterson, who became a symbol of the Uprising.

This year's theme is 'Popularising the African Charter on the Rights and Welfare of the Child' (ACRWC), the first regional treaty on children's rights, adopted by governments in 1990 and entered into force in 1999. Botswana ratified the ACRWC on 10 July 2001. In 1995, Botswana had committed herself to be bound by the principles of the United Nations Convention on the Rights of the Child (CRC). The ACRWC and the CRC outline a child's right to survival, development, protection, and participation in matters and actions, that affect them. There is a need for the Government to work together with NGOs to simplify and distribute both the AWCRC and the CRC in Primary and Secondary Schools.

DITSHWANELO is concerned that some children continue to be denied their fundamental rights as guaranteed in the ACRWC and the CRC. Of particular concern is the effect of the HIV/AIDS epidemic. Children orphaned by HIV/AIDS are often denied the right to their inheritance by adult relatives. In response to this issue, DITSHWANELO and Women's NGO Coalition are finalising an information manual on access to inherited property.

As we commemorate this day, DITSHWANELO, calls upon the Government of Botswana to fulfill its obligations of ensuring that mechanisms are speedily put in place to comprehensively implement the ACRWC and the CRC. The ACRWC recognises 'that the child, due to the needs of his physical and mental development requires particular care with regards to health, physical, mental, moral and social development, and requires legal protection in conditions of freedom, dignity and security'.

All children have rights and corresponding responsibilities. A crucial aim of education should be to develop a sense of responsibility towards self and others in the child. This notion is reflected in our cutural value of Botho. Corporal punishment in itself does not instill a sustainable set of values. Instead it instills fear of a violent reaction to perceived wrongdoing. Learner-centred, education facilitates the realisation of the rights contained in the ACRWC and the CRC.

DITSHWANELO urges the Government to complete the current review of the laws relating to children in Botswana. The rights of the child as contained in the ACRWC and CRC need to be harmonised with the laws of Botswana. This will enable children, in the spirit of Botho, to actively participate and contribute towards the achievement of the goals and aspirations of Vision 2016.

15 June 2004
Gaborone