Mapping Children on the Move within Africa his or her views without discrimination.63 States in particular should address discrimination against vulnerable and marginalized groups to ensure that children have their right to be heard protected and thus can participate in all matters that affect their lives. States in Africa have put in place measures to guarantee the right to be heard or the right to participation. For example, Tanzania’s Law of the Child Act No. 21 of 20 November 2009 under Section 11 provides that ‘a child shall have a right of opinion and no person shall deprive a child capable of forming views the right to express an opinion, to be listened to and to participate in decisions which affect his well-being.’ The Act adopts the broad approach taken by the CRC in guarantee the right to be heard of a child who is ‘capable of forming views’ as opposed to the restrictive approach of the ACRWC which only guarantee the right to be heard of a child ‘capable of communicating his views.’ South Africa’s Children’s Act No. 38 of 2005 under Section 10 provides that: ‘every child that is of such an age, maturity and stage of development as to be able to participate in any matter concerning that child has the right to participate in an appropriate way and views expressed by the child must be given due consideration.’ In Kenya’s case, the Children Act No. 8 of 2001 under Section 4(4) provides (4) In any matters of procedure affecting a child, the child shall be accorded an opportunity to express his opinion, and that opinion shall be considered as may be appropriate taking into account the child’s age and the degree of maturity. In General Comment No. 14 the Committee on the Rights of the Child pointes out that the child’s right to be heard is inextricably linked to the best interests of the child principle.64 Both rights are complementary thus the right to be heard should be included in the assessment of the best interest of the child.65 This should be appreciated within the context of children on the move. Therefore, in assessing the best interests of a migrant child, they must be availed an opportunity to be heard. The observation by the ACERWC in respect to the protection of right to be heard or child participation in Uganda demonstrates the link between the right to participation and best interests of the child as shown in the box below: Children on the move must have their right to be heard or participation fully implemented. The child’s right to participate should be realized in asylum-seeking processes and other migrant process and their views must be given due weight. Children on the move should be granted access or supplied with information that is relevant to assist them to participate in all processes that affect them. Such information must be provided in a language that they understand. 63 64 65 General Comment No. 14 (n 41 bove) Para 75. General Comment No. 14 (n 41 bove) Para 43. As above. 25