Introduction
The Child Rights Act was passed on the 7th of June 2007 with series of changes to the Bill. This means some clauses have been removed from the Bill by Parliamentarians to make it adaptable to our society. Key among those removed is the clause prohibiting initiation. Before enacting the Bill, the SLCMP had written Part I and II of this article. The printed Child Rights Act is yet to be published. Therefore, this article will not contain the necessary changes. However, once it is made public, the SLCMP will produce an abridged version highlighting key changes. The current article, therefore, essentially summarizes Bill, including maintenance and custody of children and parentage, child welfare functions of local committees and district councils, and institutionalized care.
Child Welfare Functions of local committees
The child rights bill makes provision for a village and a chiefdom child welfare committee wherein the chiefdom welfare committee shall be the supreme adjudicator. The reason for the both child welfare committees is to ensure and coordinate the advancement of the enjoyment of the rights of the child at both village and chiefdom level respectively. The village welfare committee is responsible for the promotion of child rights awareness and enjoyment, in the village or ward and the monitoring of this enjoyment within its jurisdiction. It also submits regular observations, reports and concerns on child welfare committee to the Ministry and monitors the advancement of child education. This is very innovative but what plans are there for the funding of this project? The village welfare committee determines the suitability of a person to foster a child and monitor all foster placements within the village. This is a very important clause as this is not the case now. It is matter of fact that even the children placed under the remand homes run away and are not even searched for after their disappearance. The responsibility of the village welfare committee includes the prevention of domestic violence and all forms of gender based violence, providing advice and instruction to a child alleged to have committed a minor misdemeanor. It is really good that advice can be sought in community based levels. This helps to promote the development of the country. It does not also only renders advice to children, parents and other community members in promotion of short and long term best interests of the child but also issues recommendations and instructions on maintenance and support of a particular child or children within the village. When the matter is above the village welfare committee it refers it to the chiefdom child welfare committee and undertakes any other functions that may advance the enjoyment of the rights of the child within the committee’s jurisdiction.
The Chiefdom welfare committee renders advice to village welfare committees, receive and attend to cases and questions referred to committee from village. Furthermore, it monitors the enjoyment of the child rights within the chiefdom and refers to district council any matters relating to child welfare that the chiefdom welfare committee is not able to deal with. Additionally, it is the responsibility of this committee to submit regular observations, reports and concerns on child welfare to the Ministry. It is important to note that the chiefdom welfare committee undertakes any other functions that may advance the enjoyments of the rights of the child within the jurisdiction of the committee.
The Ministry is the overall supervisor and so is therefore responsible for provision of logistics, training of committee members, rendering expert advice and guidance and respond to questions asked. The Ministry is also responsible for submitting quarterly reports on the status and welfare of the children in Sierra Leone and to facilitate information- that is sharing and networking of child welfare committees. We hope that the Ministry will this time around take this responsibility very serious as in making sure all the logistics are sought out, so the so many excuses given about fuel and the likes will not be given when its time to implement these policies. It is also the responsibility of the Ministry and all civil society organizations dealing with child matters to sensitize and educate the populace about their rights.
It is not within the limit of the child welfare committee to investigate serious crimes like rape, murder etc. The Child welfare committee has no power to punish perpetrators, imprison, and impose fine, order damages or any other sanctions. Any offender who fails to comply with any of the child welfare committee will be fined a sum of Le50, 000.00.
A child who is need for foster care and protection is defined as one who is an orphan, one who is maltreated by foster parents the destitute, one who is under the care of a criminal or drunken parent or guardian. The bill states that any child who has no place to sleep and no way to sustain one himself and who by all indications is a beggar or accompanies a beggar is in need of foster care and protection Also a child who frequents the company of thief or prostitute is desperately in need of foster care and protection. The question now is whether the Ministry of Social Welfare capable of taking care of these homes financially. What is the budget available for this? Will these children not suffer when placed in these homes? Currently the Ministry can’t even give an account of the children at the one and only remand home and approve school. Not only that they cannot stop these children from running away.
Parentage Custody and Maintenance of Children
Application for confirmation of parentage of a child in a family court is done before the birth of the child, within three years after the death of either mother or father of the child and before the child is 18 years old or after the child has attained that age with special leave of the family court. This application can only be done by the child, the parent, the guardian, the probation officer, a social welfare officer or any other interested person. In order for the Family Court to determine parentage, it considers the name of the parent entered in the register of births, performance of customary ceremony by the father of the child, refusal to submit a medical test by the parent published acknowledgement of parentage and any other matter the Family court considers relevant.
A parent, family member or any one who is raising the child can apply for custody of the child. Also, the same set of people can apply for periodic access to the child. The Court shall take into consideration the age of the child, the preferability of the child to be with his parents except if his rights are being abused by his parents, the independent views of the child, the desirability to keep the siblings together, the need for continuity in the care and control of the child and any other matter the Court considers relevant. It is unlawful for anybody to remove a child from the person who has lawful custody of the child. It is the duty of any parent or any person to maintain a child or contribute towards the maintenance of the child. The family Court will take into consideration when making a maintenance order the income and wealth of both parents or the person legally liable to maintain the child, the cost of leaving in the area where the child resides, the financial responsibility of the person with respect to the maintenance of other children, any impairment of the earning capacity of the person legally liable to maintain the child, the rights of the child under this Act and any other matter the Family Court considers relevant. However, maintenance of a child stops at age 18 or before 18 in the event of death of the child or the child gains employment. The only exception to this is in the case wherein the child continues his education or training after the age of 18.
A Family court awards maintenance to the mother of a child whether married or not to the father and he should provide medical for the duration of her pregnancy, delivery or death of the child, allowance for mother during her period of pregnancy and nine months after delivery of child, and a payment of a reasonable amount determined by the Family Court for the continued education of the mother if she is a child herself. This is the most important under this section. This is simply because in this society women are treated like dirt. The moment a girl child gives birth it is the end of her education. In another instant there was this lady who went to seek help from social welfare. She had two kids from this man who had sent her to live in the Gambia . To cut a long story short he neglected them. He never maintained them and the kids. This man had asked her to come for money in Freetown for the kids. The lady was even worried how the children were surviving at Banjul . There was no ticket to return and so on. These are the sufferings women are made to undergo.
Institutionalized Care
It is the responsibilities of the Government of Sierra Leone after this bill would have been made law to establish approve homes in areas determined by the Minister. These homes have the responsibility of the care of the children. They act as parents for these children while they stay in these homes. It is the responsibility of the staff of these homes to reunite the children with their parent. Afterwards, they keep in regular touch with these families to see that the best interests of the child are sustained. In the case where the child is unable to return to his parents, they shall encourage and assist the child to be independent and self reliant. A Family Court can order the parents to contribute a reasonable amount towards the maintenance of the child in the home. Also the home can decide to put a child up for adoption if it is the best interests of the child. Any non-governmental home shall have to apply for approval and issue of license to the district council within a period of 6 months from the commencement of this Act. Failure to obtain shall lead to the ceasing of the operation of the home. Children legible for admittance to the approve homes are, children awaiting judgment, orphans, and those children who are recommended by a probation officer or social welfare, who has determined that the approved home is the most suitable place for the child. An application should be made for permit to operate day-care centers to the District Council otherwise the daycare would be closed on a 14 days notice. Anyone who falls short would be fined a sum not exceeding 2 million or imprisonment of not more than one year. The offender continues to commit the crime Le50, 000.00 for each day the offence continues.
Employment of Children
The minimum age for the full time employment of the child is 15. The bill prohibits the employment of children at night which begins between 8 O’clock and 6 O’clock in the morning. The bill further stipulates that the minimum age for light work is 13. Light work is that which is not harmful to the health of the child and does not affect the child’s education. The age for which a child can engage in any hazard work is 18. This includes going to see, mining,porterage of heavy loads, manufacturing industries where chemicals are produced, work places were machines are used and entertainment work places like bars etc, where a person may be exposed to immoral behavior. Anyone who flouts the law will be fined 10 million or term of two years imprisonment or both fine and imprisonment. The bill states that the minimum age for child apprentices is 15 years after the completion of basic education. The responsibility of the craftsman is to train the apprentice, provide food, medical and a safe and healthy environment for the apprentice.
Quasi- Judicial and Judicial Child Adjudication
Under this bill the criminal age of responsibility of a child is 14 years. The bill provides for the establishment of a Child Panel in each district. It shall perform non-judicial functions like mediating in civil and minor criminal child matters. This is to ensure that the child’s rights are obtained and enjoyed. Family courts will also be made available for the enjoyment of the child rights. This shall comprise of a magistrate, a social welfare officer appointed by the Chief Justice on the recommendation of the chief social welfare officer and not less than two but not above four other members of child rights experience. A child has the right to legal representation. All human rights accorded to the child under the CRC, like privacy, right to appeal, right to give an account and express an opinion shall be upholded. Nobody shall publish any information that may stigmatize the child. Any body who commits this crime will be fined Le2, 000,000.00 or one year imprisonment.