Findings of the CRM 468. The CRM noted with some satisfaction that, following the enactment of the 2009 Law of the Child Act76, government is attempting to reform and consolidate all the laws pertaining to the protection of child rights. The 2009 Child Act defines a child as anyone below the age of 18 but a challenge remains in that children are allowed to work from the age of 14 years. This has left such children vulnerable to exploitation by employers, especially in the extractive industries. A positive development in the law is the absence of reference to corporal punishment for juvenile delinquency. 469. The Ministry of Health puts OVC figures at 1.5 million, with half of such children falling into the most vulnerable category77. The collapse of traditional safety nets worsened the plight of such children. Grandparents care for 40 per cent of them and 13 per cent are in the care of older siblings. There are obvious gaps in implementing the National Guidelines for Institutional Care and Support of MVC/OVC and the various child policies. As a result of these gaps, child-headed households risk plunging into further destitution. 470. The CRM confirms the CSAR finding that the problem of street children is on the rise in urban areas and there seemed to be no remedial action from Government about their welfare. These kids, allegedly forced onto the streets by family disputes/violence and parental deaths, live in dangerous places, are vulnerable to abuse by many elements, and are exposed to the temptations of criminal behaviour. 471. Contrary to Article 26.2 of the URT Constitution and Article 23 of the Guidelines for Action on Children in the Criminal Justice System, forced removals of street kids from the streets violates their freedom of movement. Sexual offences were the second most common type of offence for which children were arrested78. In prison, where children are mixed with adult offenders, there are reports that these children are often sexually abused. Girl street kids are in a worse position than the boys and they often end up becoming pregnant. 472. The CRM observed that there is a shortage of specialised juvenile justice institutions in Tanzania. There are no designated police units or officers who deal specifically with children suspected of being in breach of the law. The criminal justice system does not provide for specialist prosecutors or prosecution units to investigate and prosecute cases involving child suspects79. There is also a significant shortage of Social Welfare Officers (SW Officers) in most districts and no specialised SW Officers in many regions. Only three SW Officers are attached to the Dar es Salam Juvenile Court. As a result, children are kept in police detention over prolonged periods, in contravention of international and domestic law. Furthermore, conditions of detention are not up to international standards, compromising the children’s health and wellbeing. 473. During CRM stakeholder consultations, the youth claimed that their right to employment is compromised in the absence of an enabling environment for self-employment. According to the Integrated Labour Force Survey (2000/2001), 17 per cent of youth are unemployed, compared to a general unemployment rate in Tanzania of 12.9 per cent. In Zanzibar, the youth unemployment rate was estimated at 20 per cent in 200780. The absence of a high school curriculum that prepares youth for employment is partly to blame for this situation. Rural youth unemployment rates are even higher and there is gender disparity, with rural young men mostly engaged in cash crops farming, livestock keeping, fishing, petty trade and work as casual labourers. Girls, on the other hand, work longer hours and are disadvantaged in terms of educational achievement and access to basic services such as credit, information, and markets. 474. The National Employment Policy of 2008 acknowledges the need to combat the worrisome phenomenom of youth unemployment81. Its opening statement emphasises the need to identify, address and enhance youth employment opportunities. Important inputs such as infrastructure, skills training, vocational guidance and counseling, capacity building, business development and financial services for business start-ups and improvement were to be addressed through coherent and coordinated efforts driven by the Government, private sector, CSOs and other employment stakeholders. Instilling desirable values that encourage self-employment is also part of the strategy. The Law of the Child Act 2009, Act Supplement no. 21, URT, 25th Dec 2009. Monitoring and Evaluation Plan for the National Plan of Action for Most Vulnerable Children in Tanzania, URT Ministry of Health and Social Welfare, March 2011. 78 Analysis of the situation for children in conflict with the law in Tanzania, July 2011, Ministry of Constitutional and Legal Affairs In collaboration with UNICEF (Compiled by the Children’s Legal Centre and the National Organisation for Legal Assistance. 79 Ibid. 80 Promoting Livelihood Opportunities For Rural Youth: Some Lessons from Tanzania, International Fund for Agricultural Development (IFAD), Feb 2007. Asha Juma, Governing Council Roundtable Generating Remunerative Livelihood Opportunities For Rural Youth.  81 URT, The National Employment Policy 2008, Ministry of Labour, Employment and Youth Development, Dar-es-Salaam, 2008 76 77 104