Problems and prospects of implementing the Children's Act CAP 59 : a case of Wakiso District

Abstract

The major objective of the study was to investigate the problems and prospects of implementing the Children's Act cap 59. The study was conducted in Kasanje and Makindye Sub-Counties in Wakiso District. Views and information were obtained from Local Council executive officials, parents/guardians, community members, District officials and other key informants. Interviews from MGLSD, NCC and LRC were also conducted. The study revealed that although communities have some knowledge on child rights, the level of awareness on some rights that are not basic necessities of life like parental love, protection from discrimination, right to participation was limited. Respondents had received information about the Act through training programmes by CSOs and MGLSD advocacy materials, reading materials and radio programmes. The study revealed that the District and Sub County budget allocations to the community-based services sector where child care and protection falls is still low and hence, childcare and protection depended on donor support through a consortium of NGOs. Additionally, although the Act is perceived as a useful instrument to counteract the violation of children rights, there is still a feeling that it favors children without considering enforcement of discipline and good behavior towards their parents and the community and this tended to weaken the community commitment and support hence its enforcement and implementation becomes a thorny issue. However, despite the problems identified in the implementation, the study established various prospects and opportunities which could be used and exploited in the implementation of the Act. In particular, the study established that CSOs playa complementary role in the Government's effort to pursue developmental ventures. Issues concerning vulnerable and disadvantaged groups are being complemented by NGOs. Further, the study revealed that the community development function has been revitalized and the District has community development workers who just need an in-depth training on the provisions and technical issues of implementing the Children's Act. There was increased support from the MGLSD catering for activities of OVC geared at implementing the Act. It was further revealed that community involvement and existence of community structures is a resource to be exploited in the implementation of the Act. What is required are refresher trainings and supporting them to become active and working closely with the legal enforcement structures. Based on the findings of the study, it was concluded that, limited knowledge about the technical issues in the Act, financial constraints, poor performance of existing institutions, inadequate staffing limited institutional capacity of key institutions involved in the implementation of the Act, inadequate coordination, poverty and lack of a human rights culture in the Uganda society all impede the effective implementation of the Children Act. It was therefore recommended that the budget allocation for childcare and protection should be improved at all levels, there is need to recruit more magistrates to handle family and children's court, increase sensitization to raise awareness, strengthen the capacity of the probation and social welfare officer to provide support to Sub-County and lower level structures to effectively deal with childcare and lastly, the capacity of the DPWO need to be reinforced to develop and monitor integrated programmes targeted at ensuring the care and protection of children.