Mapping Children on the Move within Africa to life, survival and development is also guaranteed under Article 9 of International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. According to the Committee on the Rights of the Child in General Comment No. 14 states must create an environment that respects human dignity and guarantees the holistic development of all children.48 Also in determination of the best interests of a child, states must ensure that there is full respect for his or her inherent right to life, survival and development.49 As pointed out by UNHCR, the right to survival and development entails the physical, mental, moral, spiritual and social development of a child, in a manner that is compatible with human dignity.50 African states have put in place measures to guarantee the right to survival and development. For instance, the Nigeria’s Child’s Rights Act No. 26 of 2003 under Section 4 provides that ‘every child has a right to survival and development.’ In Kenya, the child’s right to survival and development is provided for under Section 4(1) of the Children Act No.8 of 2001. The Section places an obligation on the government and family to ensure the survival and development of the child. In Lesotho, the Child Protection and Welfare Act No. 7 of 2011 under section 22 requires the state to formulate policies that ensure a child’s right to survival and development. In Tanzania Law of the Child Act No. 21 of 2009 under Section 9 provides that every parent has the responsibility to provide ‘assurance of child’s survival and development.’ The ACERWC points out that the right to survival and development can only be realised by states implementation of children rights such as the right to health, education, protection from child labour, abuse and torture.51 The ACERWC also notes that the physiological well-being and physical health of a child are important to the survival and development of a child and they may be jeopardized by adverse living conditions, insensitive or abusive treatment, neglect and lack of opportunities to realize human potential.52 The right to life, survival and development is fundamental to protection of rights of children on the move. As such states should ensure that they provide an environment that respects the dignity of all children on the move and guarantees their holistic development. This should, for instance, constitute designing and implementing refugee and migration laws and policies in a manner that ensures physical, mental, moral, spiritual and social development of the concerned children. Implementation of these laws and policies should also be done in a manner that respects the dignity of the children. At certain points in the process their movments, the lives, survival and development of children on the move may be at risk because of challenges such as violence, push-back or interception operations, excessive use force by border officials or limited access to services.53 Unaccompanied children may be exposed to more vulnerabilities such as trafficking for sexual or labour exploitation.54 They may also face xenophobia, racism, exclusion from socio-economic services and goods such as education, health and safe food. These challenges have the capacity to impair their mental, physical, spiritual, emotional and psychological well-being.55 In order to protect the well-being, life, survival and development of children on the move, states must put in place refugee and migration laws and policies that are child friendly and that seek to address 48 49 50 51 52 53 54 55 General Comment No. 14 (n 40 bove) Para 42. As above. UNHCR Guidelines on Determining the Best Interests of the Child (2008) p 74. Minority Rights Group International and SOS-Esclaves v Mauritania (n 29 above) para 71. As above. Joint General Comment No. 3 (n 30 above) para 40. As above. As above. 23