not carried out during the law reform process while it is pertinent to consult;
particularly in cases where society plays key role in implementation, such as in the
case of the amendment of the Marriage Act.
iv. Institutional measures and coordination: To address the institutional gap
observed by the Committee at the time of the consideration of the Initial Report,
the Committee has recommended for the establishment of a separate Ministry for
children. In the absence of implementation this recommendation, the Committee
is concerned that lack of coordination of child rights issues greatly affects the
implementation of the Charter and the concluding observations in the State Party.
The Committee particularly notes that the National Plan of Action for Children,
which is the main coordination body for protection and promotion of child rights
issues, but it is located within the Ministry of Health and Child Care; whereas most
of the child rights and welfare issues including monitoring the Children’s Act falls
under the mandate of the Ministry of Public Services, Labour, and Social Welfare.
The Committee notes with concern, that this arrangement creates tensions and
disconnections in the State Party’s activities on children’s rights; which, coupled
with lack of the capacity to implement the National Plan of Action for Children by
the Ministry of Health and Child Care adversely affects the full implementation of
the African Children’s Charter in general and the Committee’s recommendations
in particular. With regard to independent monitoring, the Committee was informed
that the National Human Rights Commission has child rights as one of its 8
thematic areas and hence there is a Commissioner for child rights who leads the
thematic area.
VIII.
Child Friendly Budgeting: During the various discussion, the Committee
noted that there is no mechanism to ensure child friendly budgeting. The
Committee was informed that the Ministry of Public Services, Labour, and
Social Welfare, which deals with most of child rights and welfare issues, has
only been listed once in the 5 Ministries that are prioritized in budget
allocations. The Committee also notes that public investment on children is low
in terms of services. For instance, the target of the Abuja Declaration on health
budgeting is never met as only 5% of the total budget goes to the health sector.
Beyond issues of budget allocation, the Committee observes that there is
discrepancy between budget allocation and disbursement in sectors like
education where there is relatively higher budget allocation. Likewise, Social
Cash Transfers are not being transferred due to the fiscal challenge the State
Party is going through, hence the allocation budget is not being consumed. Due
to insufficient budget allocation, most programs and projects are supported by
donor funding and hence not sustainable. A case on point that was brought to
the attention of the Committee is the pre-trial diversion program which stopped
after the pilot project supported by donor funding.
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