Issue 2/ 2010
February
Editorial
Dear
Go
frica
Africa
Go
Germany
The right of participation of children
and adolescents
community, dear readers,
The February issue of Joint MAG
is
focussing
children
JOINT M
A
G
on
and
Germany
the
rights
of
adolescents
and
in
African
The significance of the right of participation of children and adolescents is visible
context. Uwe Kamp, expert on
through provisions in both the United Nations Convention on the Right of the Child
children's
the
and the Charter of Fundamental Rights of the European Union. Article 12,
has
paragraph 1 of the UN Convention specifies "States Parties shall assure to the child
magazine
who is capable of forming his or her own views the right to express those views
with an article on children's and
freely in all matters affecting the child, the views of the child being given due
participation rights in Germany,
weight in accordance with the age and maturity of the child." Concerning the right
while Go Africa aluma Susanne
of participation of children and adolescents, the Charter of Fundamental Rights of
Meltl
the European Union stipulates in its Article 24, paragraph 1 "Such views shall be
rights
Deutsches
at
Kinderhilfswerk,
contributed
report
the
by Uwe Kamp, Germany
ermany
wrote
to
this
a
on
self-researched
female
genital
taken into consideration on matters which concern them in accordance with their
mutilation in parts of Uganda.
age and maturity."
Julian Bergman researched for
Germany has ratified the UN Convention on the Right of Child on 5 April 1992 and
the info boxes and links of this
is thus legally bound to its provisions. One could thus contemplate that the right to
MAG
Tsebe
participate is regulated and that children and adolescents are indeed given the
interviewed Isaac from the 3rd
possibility to participate in political processes. The reality however is far from this
Generation.
ideal. One of the reasons is that the UN Convention on the Right of the Child has
Enjoy and reflect on the lates
had little influence on jurisdiction and on public administration. Recent studies
issue of MAG and do not hesitate
concerning the right of participation of children and adolescents in the German
to contact the editor's team for
constitution and the constitutions of the federal states show that reference is being
comments
made to the constitution itself, to Germany's s 8th Book of Code of Social Law
and
Lerato
or
future
own
contributions!
(Children and Youth Welfare Law), German Civil Law or German Penal Law. The UN
Best,
Convention on the Right of the Child however is only rarely being referred to. This
Linda Poppe and Dennis Kumetat
clearly shows that in matters concerning the right of the child and thus in matters
pertaining to the participation of children and adolescents international law is not
taken into consideration.
German legislation concerning the participation of children and adolescents is not
fully developed. Legislation on children and adolescents stipulates that these
should be consulted in all decisions pertaining to youth welfare services in
Content
accordance with age and maturity of the child concerned. Participation is thus only
Right of participation of children
secure in this limited field. The participation of children and adolescents in politics
and adolescents // 1
of the municipality is not secured. Existing regulations can be differentiated
The UN Convention on the Rights of
according to the stage of participation in CAN, SHOULD and IS regulations. A path
the Child // 2
breaking example is here Article 47 f of the municipal code in Schleswig-Holstein
SAlumni Profile // 3
where the participation of children and adolescents is mandatory. In practice this
Fem. Gen. Mutilation // 4
means that in matters pertaining to the interests of children and adolescents, the
Misscellaneous // 5
municipality has to involve these. The participation is thus not contingent on the
Imprint // 5
goodwill of the mayor or the local council but is a compulsory task of the
municipality.
While
this
example
is
promising,
the
Infobox
participation of children and adolescents should
also be a central element in the German
constitution and the constitution of the federal
The UN Convention on the Rights of the
Child
states. In times of decreasing voter turnout
and the estrangement of many with the state
On 20 November 1989, the UN General Assembly unanimously
and its institutions, participation – in this case
adopted the Convention on the Rights of the Child. Though the
the participation of children and adolescents –
convention was not the first UN document acknowledging that
should be a central element in the formulation
children should be granted basic human rights to the same
of public policies and in fact be enshrined in the
extent as adults (see for example the UN Declaration on the
constitution. The right to participation of the
Rights of the Child 1959), it was the first legally binding
child should be standard procedure in nurseries
document emphasizing the specific rights and needs of children.
and should not be dependent on the goodwill of
The Convention immediately gained wide-spread support and by
adults.
2005, all UN member states, except the USA and Somalia, had
Consequently,
the
participation
of
children and adolescents in these constitutions
should
be
backed
legally
with
ratified the convention.
provisions
granting participation in accordance with the
The Convention on the Rights of the Child is an integral part of
age and maturity of the child. Also the right of
the international human rights framework which is set up by the
participation
extended
Universal Declaration on Human Rights and other core human
further. This should include the mandatory
rights treaties such as the International Covenant on Civil and
election of a class representative starting in the
Political Rights and the International Covenant on Economic,
first grade as well as equal rights for student
Social and Cultural Rights. According to the convention, a child
and parent representations. Students should
means every human being below the age of eighteen unless the
independently of their age be able to vote in
laws of a particular country set the legal age below eighteen
meetings of the class’s subject teachers and
years. The 40 articles of the convention can be grouped into four
student
categories:
of
pupils
governments
should
should
be
be
formed
in
primary as well as secondary schools.
•
A further central aspect is the right to vote for
obligation that the best interests of the child shall be a primary
children
consideration in every action undertaken by adults
and
adolescents,
which
has
been
Guiding
principles,
such
as
non-discrimination
and
the
discussed for an extensive period of time.
• Survival and development rights, such as the right to adequate
Children and adolescents are being excluded
food, the right to formal education, the right to primary health
from elections. Our society is being reined by
care and the right of information on their rights
adults.
• Protection rights, such as the protection from all forms of child
To
counter
this,
children
and
adolescents should be granted the right to
abuse, exploitation and cruelty
vote. In summary, the right of participation of
• Participation rights, such as the freedom of expression and the
children
freedom of thought, conscience and religion.
and
adolescents
in
Germany
is
a
mosaic of legal provisions that do not live up to
the standards necessary and possibly. This also
To provide a more precise legal framework for the protection of
means that Germany partially violates the UN
children, especially of those involved in armed conflict or being a
Convention for the Right of Children as this
victim of sexual exploitation, the UN General Assembly adopted
convention aims at the supremacy of every
two Optional Protocols to the Convention. The Optional Protocol
child's well-being, the realization of children's'
on the involvement of children in armed conflict, which entered
rights and the consideration of the child's
into force in 2002, defines 18 as the minimal age for direct
choice. The federal government and the federal
participation in armed conflict (note: not for military recruitment
states have to take measures to ensure the
in general). Furthermore, states are required to do everything to
participation of children and adolescents in
avoid that children are involved in direct hostilities. The Optional
Germany.
be
Protocol on the sale of children, child prostitution and child
involved in this matter, as the participation on
pornography, which also entered into force in 2002, draws
the local level is indispensable for children to
special attention to the sexual exploitation of children and
develop
requires states to take all actions necessary to end the abuse of
The
norms
environment.
municipalities
of
need
reference
to
to
their
children. Today, more than 100 states have signed and ratified
these protocols. Still, much remains to be done.
Scholarship Holder Profiles
way Africa needs Germany, the prospects are bright, the
challenges are still enormous but there still exist a lot of
Interview with Isaac Owusu, Ghana
opportunities to overcome them. Only time will tell.
by Lerato Tsebe, South Africa
Lerato: What are your thoughst on contemporary African
politics?
Lerato: What do you do?
Isaac:The answer to this question could be multi-faceted.
Isaac: I am currently a National Service Personnel working
In
with the National Commission for Civic Education (NCCE),
perspective
Ghana as a Senior Principal Field Officer.
certain specific countries such as Ghana where many of
general,
the
trend
significant
looks
promising
transformations
taking
into
happening
in
the ministers of state and other state officials are actually
Lerato: How has the programme impacted your life?
Isaac:It
is
really
interesting
to
note
that
below the age of 40. This is fantastic. A very good
before
indication that the status quo is changing. The youth are
participating in the programme, my knowledge about
being drafted into national policy making and empowering
Germany was really narrow. Not even my Bachelor’s degree
them to make critical decisions on key national issues.
in Political Science and History provided me with much
There is a lot of investment in the people especially the
information about the history and historical development of
youth, which has eluded the country for a very long time.
Germany through the ages. That is not to underestimate
Did you ever believe a time will come when Nigerians
the reputation of my University but perhaps due to the fact
would stand up for their rights and boldly take on issues
that there was little interest in German affairs.
without intimidations? I guess I know the
I must admit that being part of the programme
responses
has been an eye opener, re-shaping moment of
attempt to give a response to this simple
my perception and thinking about Germany. My
but delicate question; the answer is simply
naivety was exposed and not just that but for
‘NO´.
the better because I have indeed learnt a lot
vibrant. (…) There are still isolated cases
from the programme. I now know a lot about
but
Germany
transformation
and
what
it
means
to
the
international global economy. (...)
Civil
with
of
many
society
time,
the
people
is
who
now
becoming
massive
sweeping
will
political
across
the
continent will catch up with all. The future
looks bright and that is all Africans should
Lerato: What are your sentiments on Afro-
be proud of.
German relations?
Isaac: I think the answer to this question is very obvious: it
Lerato: How can the youth on both continents aid in
has not been the best through times. After the defeat of
creating a new global dialogue?
Germany in WWI, and the subsequent loss of all her
Isaac: As youth on both continents we must first all come
colonies especially in Africa, Germany ‘looked back’ on
to terms with existing global dialogue and begin to ask
Africa. African issues became a back burner for Germany.
ourselves if it is adequate and how we can consolidate it
This is what marked perhaps the genesis of the weakening
and if not what would be appropriate. That must be the
of Afro-German relations. In plain language, Africa was
starting point. We must be realistic in our approaches. We
never the priority of Germany though Africans somehow
must realize the fact that the current global system is
showed some interest in German affairs. I can remember
already polarized and for that matter a volatile one.
my parents delaying the time of going to the farm in the
The challenges in charting a new global dialogue will not
village on Saturdays when I was in primary school just to
come on a silver platter. It fundamentally entails the
watch a broadcast of the Rothmans Soccer Made in
creation of an avenue with the potential of resolving
Germany show.
conflicts amicably with implied gratifications on both sides.
The opening up of the international global system and
In view of this challenge and the tendency of aggravating
especially the search for a new global order and leadership
the already polarized world, the exercise of extra vigilance
has seen Germany making
should be our trumcard.
inroads into the African
continent. From the transfer of closely satisfactory amount
Youth on both continents must agitate for active political
of technology, encouraging trade relations, educational
roles in order to be abreast with issues. We must realize
exchanges, capacity building through scholarships, just to
that how well we are able to shape this new global
mention a few are strong indications of improving relations.
dialogue will determine the face future global politics. We
The simple truth is that Germany needs Africa the same
must understand that we are the future, and our destiny
lies within us today.
suffer
How a Community-Based NGO
Successfully Fights the Violation of
Human Rights: The Case of Female
Genital Mutilation
from
long-term
consequences
like
psychological
the
formation
and
of
physical
cysts
and
abscesses, urinary incontinence, anaemia or prolonged
and obstructed labour and delivery. Cutting is relative,
Beatrice reminds me, there is no standard procedure
and the results depend on who cut you on that
particular day, how drunk the surgeon was and how
bad her eye-sight.
by Susanne Meltl, Uganda
With its headquarter being located in Kapchorwa, a
When I meet Beatrice Chelangat, Director General of
small, remote town at the foot of Mount Elgon close to
the Reproductive, Educative and Community Health
the Kenyan border, REACH programme was initiated in
(REACH) Programme, in January in Kampala, she is
1996
content: Peter Kamuron, a REACH Executive Board
conditions and stop FGM. Launched and financed by
member, and herself are just about to inquire from
the United Nations Population Fund (UNFPA), Beatrice
parliament about the progress made concerning a new
stresses
bill passed in December last year. The bill is a major
programming
success for her programme as it criminalizes and
decisions are made exclusively by the community.
outlaws a practice that is widely known as female
Being
genital mutilation (FGM). FGM – or female genital
transformed into an NGO in 2007.
in
order
that
to
improve
despite
always
home-grown
reproductive
external
takes
and
place
managed,
health
funding,
the
internally
and
REACH
was
cutting, an expression Beatrice prefers for the sake of
the victims’ dignity and self-respect – refers to all
Among the Sabiny people, primarily adolescent girls
procedures involving partial or total removal of the
are cut almost exclusively in December of even-
external female genitalia or other injury to the female
numbered years. Asked about the origins for FGM,
genital organs for non-medical reasons.
Peter refers to the Sabiny history that is kept in their
myth and tales. One of them talks about men being
FGM is primarily practised in 28 African countries as
absent from home for the purpose of hunting. Arriving
well as in some parts of Asia and the Middle East, with
back home after a long time, it was often the case
the national rates of prevalence varying from 1 to 98
that the women left behind had fallen pregnant from
per cent. According to the World Health Organization
other men. Thereafter, they decided to control the
(WHO), today, some 140 million girls and women
sexuality of women by cutting off their external
throughout the world have been genitally mutilated.
genitals. Psychosexual reasons, however, are just one
Each year, an additional 3 million girls face the risk of
of the common explanations used to justify FGM.
being subjected to this procedure. In Uganda, FGM is
Others
practised mainly among the Sabiny and Pokot people in
motivations.
speak
of
hygienic
or
socio-economic
Kapchorwa, Bukwo, Amudat and Nakapiripirit in the
REACH
Despite operating in a very conservative, traditional
programme statistics, 6198 Sabiny girls underwent that
region, the REACH programme has been effective in
practise between 1990 and 2004 in Kapchorwa.
changing attitudes and practices: In 1994, prior to its
North-East
of
the
country.
According
to
inception, 854 Sabiny girls were genitally mutilated.
FGM is a violation of human rights, including the right
Despite
to safety and personal freedom, to life and physical
programme’s efforts, the number of girls who undergo
integrity
the practice is dropping: FGM in Kapchorwa district
and
to
health
in
general.
The
surgical
FGM
glass without any anaesthetic. Severe pain, shock,
establish what the secret is behind the success of the
haemorrhage, urine retention or other infections are
REACH programme.
examples
of
the
being
cut
in
the
Considering the reduction in numbers, I am curious to
many
girls
to
unsterilised razor-blades, knives or pieces of broken
of
226
thanks
has
some
to
persisted,
procedure performed in FGM is often conducted with
only
declined
having
2006.
immediate
consequences these women are exposed to. But girls
Here, several points become apparent during our
and women who underwent the practise also tend to
discussion. Most important, the REACH programme is
community-based and does not challenge, but actually
promotes the Sabiny culture. FGM is part of a
whole package, Peter explains, marking a girl’s
Miscellaneous
initiation to womanhood. Starting several months
before the actual cutting, the rite of passage
Close the Circle
includes mentoring and teaching. During this
The Italian photographers Alessandro Tossato, Silvia
time, girls at the age of 13 to 15 years are
Morara and Fabiano Avancini have recently published a
prepared for adulthood, values and behaviour are
very interesting photo book on children’s rights in
passed
Africa. You can find a book preview here
on
from
generation
to
generation.
Instead of rejecting the Sabiny culture as a
whole,
REACH
adapts
a
culture-sensitive
Institute for Security Studies: Call for Papers
approach and aims at exclusively removing its
The South African ISS has issued calls for papers for
harmful parts. More and more of the Sabiny girls
the African Security Review on the themes of "Africa
nowadays graduate during an alternative rite of
and the ICC" and "Borders, Barriers and Boundaries".
passage institutionalised by REACH – here the
For more information, please visit the ISS website.
very same values are promoted, but no cutting
takes place. In addition, all stakeholders are
Eurafrika! Berlin: Email Friends
involved
Eurafrika! Berlin, the German Acadamic Exchange
in
the
programme,
among
others,
families, clan-leaders, politicians from the local
Service and the Gotehe Institut in Togo are organizing
level up to parliament, religious organisations
a new version of the old familiar "Brieffreundschaft"
and, of course, the women themselves. REACH
(letter friends). Germans with a knowlegde of French
also involves those in favour of FGM, adding
and Togolese students university can participate. For
dialogue
more information write to daad.togo@gmail.com.
to
awareness
and
sensitization
meetings, and making it possible, among others,
through a popular radio talk-show. Oftentimes,
Information about international campaigns
they
against Child Soldiers
also
assist
surgeons
who
previously
depended on the income generated from FGM in
...can be found on the homepage of the Coalition to
finding
Stop the Use of Child Soldiers. More...
an
alternative
source
of
sustainable
income.
Answering the question, whether he is optimistic
about the future, Peter points at his two missing
front-teeth. Although Beatrice and he are from
the same people, since she belongs to a different
generation and was not subject to the tradition of
knocking out teeth – initially introduced to feed
patients suffering from a tetanus caused lockjaw
–, her smile reveals a complete set of teeth. The
Call for contributions to the May Issue of JointMAG
Brain Drain - Brain Gain: Life abroad
new bill is a success, both of them stress, but
the efforts of REACH do not end there. Instead,
The May issue of JointMAG will deal with experiences
there is still a lot of work to do: In the early
when living, working and studying abroad. Connected to
1990s, external attempts to ban the practice
our March issue and the perception of the other, we will
provoked
resistance.
look into what it is like to live abroad and provide some
Thus, the law will only benefit the girls if the ban
insights on how to deal with it. We will supplement this
is integrated into the understanding and beliefs
issue with some practical advise on who, when and
of the Sabiny people. Also, being a contributing
where.
factor to FGM, lack of education, inadequate
preferably until April 25th.
cultural
indignation
and
Contributions
and
suggestions
are
welcome,
access to health services and low household
income needs to be addressed.
Editors: Dennis Kumetat and Linda Poppe // Editorial Team: Julian Bergmann, Mwenda Gatobu, Lerato Tsebe and Benjamin Zasche
Available online: www.bpb.de // Contact: goafrica (at) bpb.de