he South African government is working hard to ensure that South African children receive the best education. However, this is not the case in Zimbabwe as children who are living alongthe border cross into South Africa (SA) to attend school during the day or even to see a doctor. This is a great risk to their personal safety.
15 countries discussed ways to strengthen crossborder co-operation for the protection of childrenat risk and to better regulate inter-country adoption in Pretoria on 23 to 25 February 2010.
Speaking at the conference, Chief Family Advocate, Ms Petunia Seabi said the South African government was in talks with Zimbabwean authorities to set up protocols to protect these children. She said neither of the governments would prevent children from accessing services across theborder, but would rather try to address the risks the children take while crossing the border unaccompanied.
"The National Programme of Action for children in South Africa deals with all policies and plans to promote and implement the treaties. It also coordinates the efforts of different government departments and Non-Governmental Organisations,"she said.
Adv Seabi said an efficient and effective method of cross-frontier child protection will uphold the child's best interest. "A proper method will provide mechanism; enhance collaboration and cooperation between party states in safeguarding the welfare of children. It will also ensure the applicabilityof the laws of the country of origin in foreign countries," she explained.
Charter on the Rights and Welfare of the Child and the United Nations Convention on the Rightsof the Child, many countries have yet to ratify theHague Conventions pertaining to children, which seek to standardise international law in the best interests of the child and provide a comprehensive legal framework for the cross border movement of children between countries.
Hague Convention of 2007 on the International Recovery of Child Support.
Convention, Ms Seabi said The Convention is enforceable between SA and 33 countries.
Deputy Secretary-General for the Hague Conference on Private International Law Professor William Duncan said "The African child is the Continent's most precious resource. Many African countries are reforming their national systems ofchild care and protection. However, because of the increasing movement of families and children across borders, the protection of the child can nolonger be secured by national action alone."
The recent movement of large numbers of unaccompanied minors between Zimbabwe, SouthAfrica and other States in the Region, with theprospect of further movements around the 2010FIFA World Cup, underlined the urgency of the situation.
Prof Duncan said concerted action by two or morestates may be needed to protect children, who are the victims of sale, trafficking or abduction, unaccompanied minors who in large numbers are crossing country borders.
State co-operation is needed to track, find, protect and in some cases repatriate vulnerable children,he said.
The seminar, according to Prof Duncan, was an important beginning but will need follow-up at the national and regional levels if the spirit of cooperation demonstrated by the participants is tobe translated into permanent and workable structures, through the Hague Conventions and byother means, for inter-State co-operation in childprotection.
The Hague Conference on Private InternationalLaw is an inter-governmental organisation basedin the Netherlands working for the harmonisationof rules of private international law. It currentlyhas 69 Members located on every continent andover 130 States party to one or more Hague Conventions. The Hague Conference seeks to build bridges between various legal systems, while respecting their diversity. In doing so it reinforces the legal security of private persons which is essentialin this age of globalisation.
"States will need assistance in developing CentralAuthorities to support co-operation," Mr Duncansaid. South Africa has already established a central authority. The authority is headed by Ms Seabi. The Central Authority in South Africa applies, on behalf of the applicant, to the Central Authority of the country to which the child has been taken.
Provide or facilitate the provision of legal aidand advice.
The Central Authority will assist in tracing a child if a child has been wrongfully removed from SouthAfrica or retained in South Africa.