GUIDELINES FOR THE FORMATION AND OPERATION OF AREA ADVISORY COUNCILS 2006 Table of Contents. Acronyms and Abbreviations Acknowledgment Foreword 3 4 5 Background 6 Rationale of Guidelines 7 Objectives of AACs 8 Functions of AACs 8 Functions of District AACs Functions of Divisional AACs Functions of Locational AACs Composition of AACs Composition of District AAC Composition of Division AAC Composition of Locational AAC Co-option of members Criteria for nomination of members Procedure for nomination of members Dismissal of members 8 9 10 11 11 12 13 13 13 14 15 Thematic Working Groups 16 Proceedings of AACs 16 Coordination of AACs 17 Reporting of Activities of AACs 17 Recognition and Capacity Building 17 Annex 1: Levels and Structure of AACs 18 Annex 2: Reporting Structure of AAC 19 2 Acronyms and Abbreviations. AAC Area Advisory Council. CA Children Act. CBO Community Based Organisation. CCI Charitable Children’s Institution. CRC Convention on the Rights of the Child. CSO Civil Society Organisation DC District Commissioner DCAC District Children Advisory Committee. DCO District Children’s Officer DCS Department of Children’s Services. DO District Officer FBO Faith Based Organisation NCCS National Council for Children’s Services. NGO Non Governmental Organisation. OVC Orphans and Vulnerable Children. PCO Provincial Children’s Officer. VCO Volunteer Children Officer. 3 Acknowledgment. The National Council for Children Services wishes to extend its gratitude to the following partners who contributed towards the development of these guidelines: World Vision Kenya and Save the Children Canada, who offered technical and financial support. African Network for the Prevention and Protection against Child Abuse and Neglect (ANPPCAN-Regional Office) for invaluable advice and comments. In addition, we appreciate the input of the following stakeholders during the validation workshop held on 17th May 2006: ANPPCAN Kenya chapter, Care International in Kenya, Child Life Trust, Hope for Africa Initiative Kenya (HACI-K), Center For Research Communication And Gender In Early Childhood Education (CRECHE), Twana Twitu, Ministry of Health, Ministry of Education, the Kenya Police and Probation Department. Members of the National Council for Children Services, its secretariat and Children Officers are appreciated for their contribution throughout the process Last but not least, the Council would like to thank Bobby Mkangi who provided necessary consultancy services. Mr.Ahmed Hussein Secretary, National Council for Children Services and Director of Children’s Services. 4 Foreword The Children Act, which domesticated the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, contains provisions to ensure fulfillment, protection and respect of the rights and welfare of children in Kenya. The National Council for Children Services (NCCS) was established in 2002 following the enactment of the Children Act of 2001. The Council has the mandate to exercise general supervision and control over the planning, financing and coordination of child rights and welfare activities and to advise the Government on all aspects related to the rights and welfare of children in Kenya. The rights, welfare and interests of children are best safeguarded at the community level. For this reason, the Council is mandated to establish Area Advisory Councils (AACs) to address issues pertaining to children at the district, division and location levels. It is, in this respect, recognized and appreciated that communities understand best the issues affecting children in their areas and enhance the delivery of service in a decentralized system. The composition and mandate of AACs is borrowed from that of NCCS with regard to public and private sector partnership For AACs to function effectively, NCCS has, with the participation of stakeholders, drawn these guidelines which will act as beacons of operation for them. The guidelines offer direction in many diverse issues affecting AACs, including their composition and mandate. The NCCS is confident that these guidelines will streamline the operation of AACs in the country and, in turn, ensure that service delivery to children is enhanced and thus strengthen the supervisory and co-ordinational roles of NCCS at the national level. The NCCS wishes to express its hope that all stakeholders in the children sector, will own, put into use and be committed in the implementation of these guidelines. DENIS AFANDE, CBS CHAIRMAN NATIONAL COUNCIL FOR CHILDREN SERVICES 5 BACKGROUND It is a well appreciated fact that the rights and best interests of children are best safeguarded at the community level That is why as shown below; both at an international and local level, laws and policies have been formulated to empower communities to effectively safeguard the rights of its children. Community participation in the planning and decision making process on issues affecting children, guarantees better delivery of services to the children and guarantees their rights and welfare. International Perspective. On 20th November 1989, the International community under the umbrella of the United Nations adopted the Convention on the Rights of the Child (CRC) to safeguard the rights of all children in the world. The CRC protects the four pillars of children rights; survival, development, protection and participation. Kenya ratified the CRC on July 30th 1990, committing itself to the protection of the rights of children in Kenya as prescribed in the CRC. Amongst other important articles, Article 5 of the CRC urges Governments to respect the responsibilities, rights and duties of communities, as provided for by local custom, to provide for in a manner appropriate to the evolving capacities of children, appropriate direction and guidance in the exercise by the child of the rights recognized in the CRC. This lays the beacons for community participation in safeguarding the rights of children. Regionally, echoing the very words of the CRC in an African context, the African Union (AU, formerly known as the OAU) adopted the African Charter on the Rights and Welfare of Children (ACRWC) in July 1990. Kenya ratified the Charter in the year 2000. Local Perspective. The ratification of the CRC in 1990 meant that Kenya had committed itself to the implementation of its provisions. This was done through the enactment of the Children Act (CA) 2001. The CA facilitated the implementation of both the CRC and the ACRWC, by having their provisions in it. The CA amongst other things forms the NCCS which is given the powers to form the AACs charged with the responsibility of safeguarding the rights of children in their areas of operation; through community participation. 6 RATIONALE FOR GUIDELINES FOR AACs. The AACs formerly known as District Children Advisory Committees (DCACs) were formed in 1992 through a Presidential Administrative Directive to address issues affecting children at the District level. This was in line with the then District Focus for Rural Development policy, which was formulated to decentralize delivery of Government services to wananchi; from the National to the district level with the understanding that the local people understood their problems better. Therefore, DCACs were created to address children’s issues at the district level so as to ensure that their best interests and priorities were met specifically. However, during that period, membership of DCAC was not well defined. All the Heads of departments from line ministries dealing with children and all the NGO’S, Faith Based Organizations, Community Based Organizations were welcomed to participate in the meetings which at times numbered up to 60 people. The various sub committees formed differed from one district to another and while some Districts had bank accounts and had developed constitutions to govern their operations, others did not. Funding for the DCAC was problematic; with no particular source of funds to enable them carry out their activities. Training of the DCAC members also differed from one district to another. With the enactment of the Children Act in 2001, the DCAC was renamed as the AAC, which is to be established by the NCCS. The AAC is therefore a statutorily recognized structure with legal guidance on its composition and mandate. AACs represent the NCCS in their areas of operation. Further, the removal of the term District means that the AAC can now devolve beyond the district to operate at the divisional and locational levels. It is against the above background that these guidelines have been developed. They shall provide performance standards for AACs in Kenya. They aim to give guidance and direction with regard to the formation and the day-to-day operations of AACs. They shall be interpreted within the context of Section 32 subsection (2) q of the Children Act (Cap 586 laws of Kenya) which gives the NCCS the duty to establish AACs The guidelines shall apply to all the members of AAC and other relevant stakeholders working with and for children. The guidelines will be subjected to review after three years for implementation, monitoring and evaluation. 7 OBJECTIVES OF AREA ADVISORY COUNCILs (AACs). he objectives of AACs shall echo those of the NCCS provided for in Section 32 (1) of the CA. Specifically, the objectives of the AACs shall be: To exercise general supervision and control over the planning, financing and coordination of child rights and welfare activities in their areas of operation; To advise the government through the NCCS on issues of child rights and welfare of children in their areas of operation. FUNCTIONS OF AACs. The functions of the AACs shall be guided by the NCCS and shall facilitate the implementation of the decisions and policies formulated by the NCCS. Primarily their work shall be to safeguard the survival, development, protection and participation rights of children which are contained in the CRC, the African Charter on the Rights and Welfare of Children and the Children Act 2001. Additionally, AACs shall work towards the enhancement of the welfare of children in their areas of operation. In particular, they shall ensure that the best interests of children in need of care and protection such as Orphans and Vulnerable Children (OVC) are safeguarded. Their operations shall be guided by the guiding principles of exercising the rights of children provided for in the CRC, African Charter on the rights and Welfare of the Child and the CA. These are: The best interests of the child; The Child’s opinion(participation); Non-discrimination (protection); and Maximum survival and development. The functions shall be defined according to the AACs areas of operation, i.e. District, Division or Location. Functions of District AACs. 1. To supervise and regulate planning, financing and coordination of children welfare programmes in the district. In addressing the best interests of children in the district, it shall Identify needs and priority areas in the district and recommend appropriate action to relevant authorities. 8 2. Mobilize resources and facilitate funding for identified programmes and activities in the district. The AAC shall link child rights and welfare activities in the area with other support systems and resources within the districts such as Constituency Development Fund (CDF), Constituency Bursary Fund (CBF), Local Authorities Transfer Fund (LATF) and others. 3. Through advocacy, promote and create public awareness on child rights and child protection and the laws thereof and in particular the Children Act and other laws both local and international and support their implementation in the district. In line with this, it shall facilitate and participate in the State’s Reporting process in the implementation of International laws and obligations relating to children. 4. Facilitate Partnership and networking among the stakeholders. In the same vein, facilitate the establishment of child protection referral systems at all levels. In achieving the above, it shall identify and establish directory of relevant Children’s Services providers in the district. 5. Oversee, supervise, regulate and recommend for approval and disapproval of charitable children institutions and programs in line with the CA and the Children (Charitable Institutions) Regulations, 2005. 6. Facilitate capacity building of all stakeholders and service providers in the district through training and other ways. It shall recruit, build capacity, supervise and monitor the conduct and activities of Volunteer Children Officers (VCOs) in the district. 7. Facilitate strengthening of data collection and creation of data banks on children issues and facilitate the dissemination and sharing of information amongst stakeholders. 8. Monitor, evaluate and report on the implementation of Child Rights and welfare activities in the district using tools developed by NCCS. 9. Undertake any other function that it may be assigned by the NCCS. Functions of Divisional AACs. AACs at the divisional level will report to the District AACs and shall generally undertake some of the functions of the District AAC at that level. In particular, its activities shall be: 1. Supervise and regulate planning and coordination of children welfare programmes in the division. In addressing the best interests of children in the division, it will Identify needs and priority areas in the division and recommend appropriate action to district AAC and other relevant authorities. It shall also assist the district AAC in the vetting of child welfare programmes in the division pending their approval or disapproval. 9 2. Participate in mobilization of resources for identified programmes and activities in the division. 3. Through advocacy, promote and create public awareness on child rights and child protection and the laws thereof and in particular the Children Act and other laws both local and international and support their implementation in the division. 4. Facilitate the formation of Partnership, linkages and networking among the stakeholders in the division. 5. Identify needs and coordinate activities aimed at building the capacity of stakeholders and service providers in the division. 6. Facilitate the collection of data and creation of data banks on children issues and facilitate information sharing amongst stakeholders. 7. Participate in Monitoring and evaluation of the implementation of Child Rights and welfare activities in the division. 8. Undertake any other functions as directed by the NCCS or by the District AAC. Functions of the locational AAC. The location AAC will report to the relevant division AACs and will undertake the services of the divisional and district AACs at the locational level. In particular it shall: 1. Participate in the coordination of children welfare programmes in the location. In addressing the best interests of children in the location, it shall Identify needs and priority areas in the location and recommend appropriate action to relevant authorities. It shall also assist the district AAC in the vetting of child welfare programmes in the location pending their approval. 2. Identify and link children in need of care and protection such as OVC to support agencies and structures. In line with this it shall respond to cases of child abuse and all forms of violation of the rights of children in the location. In meeting the best interests of each child in the location, the Location AAC will work with other structures such as Sub-locational Committees, village committees, Community Own Resource Persons (CORPS), paralegals, Community Health Workers and Home Visitors. Where such structures do not exist, the AAC with the facilitation of the District AACs will endeavour to form them in the location. 3. It shall undertake activities aimed at , promoting and creating public awareness on child rights and child protection and the laws affecting children; in particular the Children Act and other laws both local and international and support their implementation in the location. 10 4. It shall support networking by Creating linkages and Partnerships between stakeholders in the location. 5. Participate in data collection and dissemination of information on children issues and facilitate information sharing amongst stakeholders in the location. 6. Participate in Monitoring and evaluation activities in the implementation of Child Rights and welfare activities in the location. 7. Undertake any other functions as identified by the NCCS or district and division AACs. COMPOSITION OF AACs. The membership of AACs shall broadly be guided by the provisions governing the composition of the NCCS in section 31 (1) of the CA. The CA incorporates relevant Government Departments and Ministries, CSOs, FBOs and the private sector in the composition of the NCCS. This shall also be done in the AACs. However, it is appreciated that membership of AACs shall greatly be influenced by the levels (district, divisional and locational) and circumstances in the area of operation. The composition of AACs at all levels shall try to ensure that of all its members, at least a third of each gender is represented so as to guarantee gender parity. Composition at District level: The District AAC shall consist of: The District Commissioner (DC) who shall be the Chairperson of the AAC; The District Children Officer (DCO) who shall be the Secretary of the AAC; The following Line ministries and Government departments shall be permanent members of the AAC. They shall be represented by: District Education Officer; District Medical officer; of Health; Officer commanding Police Division (OCPD); District Social Development Officer; District Probation officer; Clerk to the Council; Council Chairperson or equivalent; District Labour officer; District Information officer; Registrar of Birth & Deaths; 11 Children’s Magistrate or representative from the Judiciary; District Planning Officer. The following persons shall be nominated as members of AACs for a term of three years. After completing the first term they shall be eligible for re-nomination for a term of three years: Two (2) children representatives*; a boy and a girl nominated from child led initiatives in the districts Six (6) persons representing NGOs engaged in child welfare activities*; Two (2) representatives of the private sector (business community)*; Three (3) persons representing FBOs*; * The number of the members shall be determined by the circumstances in the district, i.e. depending on the number of NGOs, FBOs and representatives of the private sector in the district. Composition at Division Level The following shall be members of Divisional AACs: The District Officer (DO) who shall be the chairperson of the AAC; The District Children’s Officer* who shall be the Secretary; The following line Ministries and Departments shall be permanent members of the AAC: Area Education Officer; Public Health Officer; Officer commanding Police Station (OCS); Social Development Officer; Representative of local authorities; Children’s Magistrate or representative of the Judiciary; Divisional Agricultural Officer / Livestock development officers ; Divisional Water Officer; Voluntary Children’s Officer(s) from the division; The following members shall be nominated. Once nominated they shall be members of the AAC for a term of three years. After completing the first term after completing the first term they may be re-nominated for a further term of three years: Two (2) children representatives*; a boy and a girl nominated from child led initiatives in the division; Six (6) persons representing NGOs engaged in child welfare activities**; Two (2) representatives of the private sector**; Three (3) persons representing FBOs**. 12 * The children representatives shall be of an age, maturity and ability that would enable them participate and represent other children in the division effectively. The selection and participation of the children should be in line and guided by the National Guidelines for Child Participation that were developed by the NCCS. ** The number of the members shall be determined by the circumstances in the division, i.e. depending on the number of NGOs, FBOs and representatives of the private sector in the division. Composition at Location level: The following shall be members of Locational AACs: Chief/Assistant Chief who shall be chairperson; Zonal Education Officer to act as Secretary; VCO from the location; Public Health Officer; Area councilor(s); Three (3) representatives of FBOs; Three (3) representatives of CBOs; Two (2) representatives from the private sector (business community); Two (2) representatives of opinion leaders in the location; Two (2) children representatives*; a boy and a girl. *The children representatives shall be of an age, maturity and ability that would enable them participate and represent other children in the division effectively. The selection and participation of the children should be in line and guided by the National Guidelines for Child Participation that were developed by the NCCS. Co-option of members and appointment of committees: The AAC may co-opt members or appoint committees* where necessary for the specialized aspects of its functions. The AACs are encouraged to co-opt the participation of professionals like lawyers and doctors where available and interested, to assist in the effective delivery of services to children in the area. They are also encouraged to co-opt the participation of workers organizations, research institutions and institutions of higher learning where in existence. AACs shall also work closely with other structures that have been established by the Government to work on specific issues concerning children in their area such as District Child Labour Committees (DCLC) and Locational Child Labour Committees (LCLC). * Members of AAC who are organizations operating charitable children’s institutions or children’s homes shall not be members of District AAC committees constituted to 13 inspect, approve or disapprove the registration of charitable children’s institutions or children’s homes. Criteria for nominating non-government members of AACs: (a) Criteria for nominating Organisations. Organizations that wish to become members of AACs shall meet the following criteria: Situated and operating in the AAC’s area of operation; Be duly registered with the relevant authorities and have a current certificate of registration or operation; Undertaking child welfare or related activities*; Must show a record of performance and accomplishments since inception; Must not have been previously involved in any activities that are not in the best interests of children or corruption. *Depending on the number and type of organisations in an area, the organizations nominated should represent different children’s issues and interests. (b) Criteria for nominating individuals as members of AACs: The following criteria will be used in nominating AAC members in their individual capacities; Proven Commitment in serving children and Interest in issues affecting children Residence in the area and further, they must prove that they will be resident in the area for at least three (3) years after selection. Of good Integrity and high moral standing in society and with no criminal record. Minimum of O-Level education qualification or equivalent*. *This shall apply to the District and Division levels of AACs. Procedure for nomination of non-government members to AACs. The process of nominating the AAC members who are not from the Government departments or Ministries shall be as follows: 1. The DCO shall call for applications from interested organisations from the private Sector (business community),FBOs and NGO depending on the circumstances in the area. Where there are many NGOs, FBOs and many business people, the DCO shall ask for those interested to apply for nomination. This may be done through advertisements in the media, public announcements or by any other 14 means. In circumstances where the NGOs, FBOs and the business people are not many, the DCO may request those available and interested to join the AAC. 2. The DCO will then constitute an ad hoc committee consisting of the Permanent members representing different Government departments and Ministries, to discuss the applications based on the criteria provided above. 3. After the committee has nominated the members, the DCO shall send the list of the nominated organisations and/or individuals to the PCO who shall forward the same to the NCCS through its Secretary for approval. Dismissal and cessation of individuals and members representing organisations from AACs. A member* of an AAC may be dismissed for any of the following reasons: 1. 2. 3. 4. 5. 6. Child abuse or violation of the rights of children in any way by the member; Abuse of position as AAC member and participation in corruption; Dismissal from employment in the organisation that the member is representing; Being charged with or convicted of a criminal offence; Missing three consecutive meetings without notice; Any other reason that affects the activities of the AAC. NB: A person ceases to be a member of AAC if in breach of nos. 1 and 4 above. Dismissal of a member shall be decided upon the deliberations of the AAC and the minutes thereof shall be forwarded to the PCO who shall then forward the same to the NCCS through its Secretary for approval. Once dismissal proceedings of a member have been commenced, the member shall remain suspended pending the final outcome and will not participate in any activities of the AACs while under suspension. The member must be given a hearing by the AAC to explain herself/himself before a final decision is made. If and when a member is dismissed, the aggrieved party may appeal to the Minister within thirty days of such dismissal. *Dismissal of a member representing an organisation shall not lead to the automatic dismissal of the organisation. The organisation shall be asked to appoint another suitable representative to represent it in the AAC. An organisation may however be dismissed as a member of an AAC on the following grounds: Upon its dissolution or winding up Upon it’s deregistration by relevant authorities; 15 Involvement in any activities which are adverse and contrary to the interests of children in that area and generally; The same process of dismissing an individual or member representing an organisation given above shall also be followed when dismissing an organisation. THEMATIC WORKING GROUPS Each AAC, subject to its level, shall form the following thematic groups to address the various issues relevant to the interests of children: District AAC. District AAcs will be encouraged to form thematic groups around the following themes: Policy Development and Legal issues Planning, Research Monitoring and Evaluation Resources Mobilization, Management and Organizational Development Advocacy Media Participation and Partnerships. Further to the above, the district AAC, may form other thematic groups addressing the pertinent issues in that area. Division AAC and Location AAC. At the divisional and locational level, thematic groups may be formed depending on the circumstances on the ground and issues and activities that the AAC wishes to address. In particular, AACs at this level will be encouraged to form thematic groups touching on issues such as OVC Care and Support, Child labour and Child Protection PROCEEDINGS OF AACS. (a) AACs shall have at least four (4) meetings in one calendar year. (b) The chairperson shall preside at every meeting of the AAC at which he/she is present, and in the absence of the chairperson from a meeting the members present shall elect one of their number who shall, with respect to that meeting and the business transacted thereat have all the powers of the chairperson. (c) The total number of members in AACs shall not exceed twenty five (25). The quorum for an AAC meeting shall be nine (9) but shall also ensure that they represent all the stakeholders from government and CSOs. (d) At any meeting of the AAC the Chairperson shall have a casting as well as a deliberative vote and subject thereto, the decision of the majority of the members 16 present and voting at the AAC meeting shall be deemed to be the decision of the AAC. (e) Subject to paragraph (b), no proceedings of the AAC shall be invalid by reason of a vacancy among the members thereof. (f) All documents made by, and all decisions of the AAC shall be signed by the Chairperson or Secretary. COORDINATION OF AAC ACTIVITIES. The NCCS shall coordinate the activities of all AACs in the country and shall endeavour to provide the AACs with all relevant logistical support and resources to enable the AAC undertake their activities effectively. This coordination shall be done through the Director of Children’s Services who is the Secretary of the NCCS. The NCCS shall also monitor the activities of all AACs in the country in line with their workplans. The Children’s officer as the Secretary of the AAC, shall coordinate the activities of AACs within the Districts and ensure that the implementation of the decisions of AACs at all levels. AACs shall come up with annual work plans that will clearly outline their activities in line with guidelines provided by the NCCS. To ensure consistency, organizations which are members of the AAC shall endeavour to have one person attend the meetings for as long as is feasibly possible. REPORTING OF AAC ACTIVITIES Locational AACs will report their activities to the Divisional AAC in its area of operation while the Divisional AACs will report their activities to the District AAC. (See Annex 1). The reporting shall be done in the manner prescribed by the NCCS. RECOGNITION & CAPACITY BUILDING OF AACs. Each AAC shall endeavour to build the capacity and recognize the good effort of its members and may use the following methods to do so: Award Certificates for good work and service; Facilitate Trainings for its members in relevant fields and issues; Facilitate Exchange visits to other AACs with good practices; Rotational hosting of meetings by the various members; 17 Sharing out of Responsibilities amongst members especially in the thematic ANNEX 1: LEVELS OF AREA ADVISORY COUNCILS (A.A.Cs). working groups; Any other way. OFFICE OF THE VICE PRESIDENT AND MINISTRY OF HOME AFFAIRS. NATIONAL COUNCIL FOR CHILDREN’S SERVICES (N.C.C.S.) DISTRICT AREA ADVISORY COUNCIL. DIVISIONAL AREA ADVISORY COUNCIL LOCATION AREA ADVISORY COUNCIL. SUB-LOCATIONAL/VILLAGEBASED/COMMUNITY BASED/HOME BASED CHILD CARE STRUCTURES. CHILD 18 ANNEX 2: REPORTING STRUCTURE OF AREA ADVISORY COUNCILS MINISTRY OF HOME AFFAIRS. NATIONAL COUNCIL FOR CHILDREN’S SERVICES. DIRECTOR OF CHILDREN’S SERVICES/SECRETARY TO N.C.C.S. PROVINCIAL CHILDREN’S OFFICER DISTRICT CHILDREN’S OFFICER. DISTRICT AREA ADVISORY COUNCIL DIVISION AREA ADVISORY COUNCIL. LOCATION AREA ADVISORY COUNCIL. COMMUNITY BASED/HOME BASED CHILD CARE/PROTECTION STRUCTURES. CHILD.