08 October 2009

The EU gives views on Children's Rights at public hearing on draft bill On 8 October Swedish Ambassador Staffan Herrström was invited, representing the EU Presidency, to give a presentation at a public hearing on the draft Bill of the Law of the Child Act in Tanzania. The speech is attached below.

First of all – thank you for inviting the European Union through the Swedish Presidency to comment upon this important bill. Human rights, governance and democracy are highly prioritised by EU - both overall and here in Tanzania.

The bill of the Law of the Child Act dicussed here today is a commendable step in the effort to respect, protect and fulfil Children’s rights which we strongly encourage.

We believe it is important to use this legislative process to fully domesticate the Convention on the Rights of the Child.

There is a strong commitment from EU in this area. There are even specific guidelines adopted by EU guiding and energising our actions for Children’s rights. EU locally has put Children’s rights on top of our agenda.

I am happy to see that Government and the Bunge are cooperating closely with UNICEF and civil society to secure the best possible outcome of this process. I certainly would like to encourage the involvement of children, listening to their views as well.

From an EU point of view I would like to especially emphasise four important points:

1. We would encourage Tanzania to provide for free birth registration and certification of all children at birth. the level today is very low and this certificate is the foundation for protection throughout life.

2. We suggest that all possible efforts are made to address all forms of violence against children including corporal punishment. An important step would be to at least take this opportunity to prohibit corporal punishment in schools and other institutions. Corporal punishment is mentioned as significant obstacle to learning in the Voice of the children-survey. And I have listened to the children myself – hearing what too many need to suffer through, often having to experience punishment beyond all reason. A decision to abolish corporal punishment could preferably be combined with awareness raising including alternative forms of discipline.

I want to add a few personal comments here as well. 30 years ago: Sween passed a corporal punishment ban. Corporal punishment was banned completely. The initial arguments against: children will never learn to behave.

But one MP made this statement: “In a free democracy like our own, we use words as arguments, not blows. We talk to people and do not beat them. If we cannot convince our children with words, we shall never convince them with violence.”

My plea wherever I go is the following: Let’s stop beating our children. Let’s stop legitimising violence, so often turning into abuse against kids being dependent on us adults – needing our support and protection. Let’s stop teaching our children that violence is what counts. Use words, not the cane!

3. Issues related to age: According to the Convention a child is defined to be every person below the age of 18. We believe it is important to use this opportunity to make sure that this is implemented for both boys and girls without any discrimination – also in the case of marriage.

4. Make sure that implementation mechanisms are set in place. A good law could become a disappointment if not the right mechanisms for implementation are set in place. This should also preferably include improved institutional arrangements to coordinate children’s issues across sectors. The infrastructure for child protection should be put in place as well as some kind of provision for children to claim their rights.