Mapping Children on the Move within Africa
unite children with parents or relatives where the separation is as a result of ‘internal and external
displacement arising from armed conflicts or natural disasters.’ This provision is critical to the
protection of the rights to parental care and protection of children on the move.
2.6 Protection from sexual abuse and exploitation
Articles 33, 34, 35 and 36 of the CRC provide for the protection of children from sexual abuse
and exploitation, including prostitution and pornography and from the sale of children for these
and other similar purposes and all other forms of exploitation and the concomitant State obligation
to prevent the abduction, sale and trafficking of children for such purposes.
Article 16(1) of the ACRWC provides that State Parties have an obligation to put in place
legislative, administrative, social and educational measures to protect children from, among
others, abuse, neglect or maltreatment including sexual abuse. In particular, Article 16(2) of
ACRWC provides that protective measures include effective procedures for the establishment
of special monitoring units to provide necessary support for the child and for those who have
the care of the child, as well as other forms of prevention and for identification, reporting referral
investigation, treatment and follow-up instances of child abuse and neglect.
In addition, under Article 27 of the ACRWC states are required to protect children from all
forms of sexual exploitation and sexual abuse and in particular to take measures to prevent: ‘the
inducement, coercion or encouragement of a child to engage in any sexual activity, the use of
children in prostitution or other sexual practices and the use of children in pornographic activities,
performances and materials.’
In Africa states have put in place constitutional and legislative measures to protect children
from sexual exploitation and abuse. For instance, the Constitution of Kenya 2010 under Article
53 (1) (d) provides that every child has a right to be protected from abuse. Kenya’s Children Act
No.8 of 2001 under Section 13 provides that children are entitled to protection from physical and
psychological abuse and any other form of exploitation. In addition, Section 15 of the Act states
that children should be ‘protected from sexual exploitation and use in prostitution, inducement
or coercion to engage in any sexual activity, and exposure to obscene materials.’ In Uganda,
the Constitution under Article 17 provides that every citizen of Uganda has the duty to ‘protect
children and vulnerable persons against any form of abuse, harassment or ill-treatment.’ Uganda’s
Children Act 59, 1997 under Section 5 provides that any person who has the custody of a child
has a duty to protect the child from, among others, abuse and neglect.
In the Gambia, the Children’s Act under Article 21(2) any person who has the child has the
duty to protect the child from abuse and neglect among others. The Nigeria’s Child’s Rights Act
No. 26 of 2003 under section 11 provides that every child should not be ‘subjected to physical,
mental or emotional injury, abuse, neglect or maltreatment, including sexual abuse.’ In Tanzania,
the Law of the Child Act No. 21 of 2009 under Section 9 provides that every parent has the duty
and responsibility to protect the child from, among others, abuse and neglect.
All the foregoing legal provisions are instrumental in the protection of children on the move
who are susceptible to sexual exploitation and abuse because of their vulnerability.
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