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Statement by StreetInvest to the African Committee on the Rights and Welfare of the Child

15 June 2011

StreetInvest welcomes the African Union's recognition of street children by devoting a session to reflect on the causes, conditions and possible solutions for children whose rights are abused and ignored. We wish this response to add to the many voices that seek to end the injustices suffered by street children on a daily basis around the world; we believe our approach offers a solution that has at its core a rights based approach which moves from mere tokenism in working for street children to "child initiated shared decisions with adults"[1].

While civil society bears the brunt of service provision for street children, many African governments remain slow to address the structures that contribute to abuses of rights for street children.

 The African Panel of experts recognise that parents, or trusted family members act as the duty bearers in children's lives; promoting and defending children's substantive rights as recognised in the United Nations Convention on the Rights of the Child (UNCRC) and African Charter on the Rights and Welfare of the Child (the Charter).  This is upheld by many African Union members, the majority of whom are signatories to the UNCRC and the Charter. The reality is that all too often society pays 'lip service' to these rights. This is particularly the case when it applies to those very children, who often through no fault of their own, are outside family care, namely children on the streets. For StreetInvest, and many small NGOs that share our simple philosophy, the key element in addressing this basic right to a trusted adult in their lives, is a ‘Street Worker'; a trained professional youth worker who develops a friendship based on trust with a street child. This is an open relationship that makes no demands but relies on supporting and guiding children and young people on the street to make the best decisions with them and to start a change for the better. A Street Worker is an adult who is an advocate and promoter of street children's rights.

Our view is not one that sits comfortably with many people. Many responses to street children arise out of good intentions but ultimately try to fit the child to the service, not the service to the child. For many street children, and many who are sleeping rough in ditches and drains in Lagos, Johannesburg, Monrovia, Addis Ababa this very night, these 'services' do not respect that individual child's freedom of expression and choice, let alone dignity, equality and right to choose their own futures. Often rights to shelter, education, and nutrition can be fulfilled by NGOs and small community based organisations, but what about the other rights that street children are entitled to?  Crucially, what is missing for those not ready to leave the street are their fundamental right to protection and full respect for their legal rights. These are grossly abused every day of the year by those duty bearers who have a responsibility to street children as rights holders. Police beat, pimp and abuse street children on a regular basis; juvenile justice systems adapted for children and young people are poorly resourced, legal processes to bring abusers to court are costly and bureaucratic and no one is prepared to advocate on behalf of a street child; they are simply viewed as 'not worth it'.

If Africa and the African Union are to truly reflect the deepest principles set out in the UNCRC they have to start holding these duty bearers to account. Parents need educating, attitudes and behaviours that are often outdated and harmful traditional practices should be outlawed and de-mystified, police particularly need to uphold the principles of protection towards vulnerable citizens, juvenile justice systems need to be child-friendly and willing to hold the community to account when cases of abuse drive children to the street. Street children are the shame of Africa; they are the shame of a world which puts adults' needs before children's rights.

StreetInvest wishes to make three recommendations based on two of UNCRC and the Charter's four core principles - participation and best interest:

Children at the centre: policy makers, community leaders, families and individuals must work to secure a social protection system that reflects the experiences of children and young people on the street until such time those young people are ready to leave the street. By placing trained youth workers on the streets of Africa, street children's rights and needs are respected.

The State taking responsibility: for all its citizens including street children by tackling weak institutions that renegade on their duties as right bearers on behalf of children. Programmes of Institutional Staff Development & Training should be targeted at those social institutions that currently act in a discriminatory way and may have more influence on developmental outcomes for street children than they recognise at first hand. These should include:

a.    Schools - awareness raising to encourage inclusion of former street children

b.    Police forces - awareness raising and encouragement to work with community and street children to reduce harassment, bullying and violence

c.    Rural communities - awareness raising on issues around realities of employment prospects in urban centres and the high risk of exploitation for girls and boys in city environments

d.    Local government - build on willingness to work hand in hand with NGOs

Reach out to children on the street: Street children are the children who are outside the parental care and protection which is guaranteed for all children (UNCRC Article 18 & Charter Article 19).  Those deprived of a family environment are entitled to special protection and assistance (UNCRC Article 20). Street children cannot wait for poverty reduction programmes, prevention programmes, reintegration programmes.  There is a generation that is already on the street, will largely remain there and will be joined by others.  These children's rights must be recognised where they are and as they are.  Street Workers represent an immediate response that can at least, and at last, reach all children

[1] Hart UNICEF Innocenti Essays No 4,8 (1992) reproduced in Van Bueren 1994 p.137)

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