Ugandas Law and Sexual Abuses - Research Paper Example

Uganda’s law and Sexual abuses Uganda, an African country, has historically under the governance of the United Kingdom. However, in the year 1962 the country has received its independence from the British rule. The people of the country are consisted of a diverse mixture of different ethnic societies and different linguistic as well as cultural groups1. The location of the country is consisted of South Sudan in the north, Democratic Republic of Congo on the west, Kenya on the east, and United Republic of Tanzania on the south. The total population of the country, on the basis of the census data of 2012 (estimated) is 35,873,2532. There are several languages speaking people living in the country. Although English is the main official language in the country, there are two other major languages frequently spoken by large number of people in the country, including Swahili, and Bantu3. This paper is aimed at providing a detailed description of extent that Uganda’s law has protected the rights of a child whom is a victim of sexual abuses. Children rights in the world: Around the world, most of the government as well as non-government officials search for enhancing rights for children, with various experts reporting on different factors that emerge essential to promoting these rights. In a different place, some scholars have questioned the usefulness of these rights4. According to Gran (2010), “as the 20th anniversary of the adoption of the U.N. Convention on the Rights of the Child draws near, children’s rights continue to be subject to debate”5. The “U.N. Convention” regarding the “Rights of the Child” has been adopted in the year 1989 and gives that national as well as international governments will respect as well as implement children’s rights6. This Convention of the U.N. has been a center of children’s rights attempts, if merely due to the fact that nearly every public government has approved the U.N. Convention. Oman has been one of the most current governments which have adopted the ratification of the Convention, while Ghana has been among the first administrations to approve the Convention. There have been 192 state nationals in favor of the Convention7; only two of the national administrations have not approved the Convention. In this respect, the U.N. Convention can be higher than, or lower than, an almost universal approved children’s treaty. This can serve as the “normative framework”, pointing out different goals or objectives for government officials as well as children’s rights activists. Even though the U.N. Convention has been twenty-years old, and also some experts have advanced the concept that children have intrinsic rights, various evidences indicate disparity across the world regarding application of effective children’s rights8. For the purpose of answering what explains divergences in the process of establishment of different children’s rights as well as whether children’s rights have been regarded as valuable to children’s as well as others’ outcomes, a contrast across nations and over time becomes essential. In his renowned work on different citizenship rights, “Citizenship and Social Class”, T.H. Marshall (1964) has suggested that the notion of citizenship is a position that signifies a person is a full associate in regard to his or her own society9. This is also consists of three most important rights, including civil, political, as well as social rights. According to Marshall (1964), different civil rights facilitate a person to speak as well as to think freely and also to protect one’s civil rights. These rights also acquire due procedure when another person tries to confine civil rights. Also political rights are described as those rights people possess to contribute fully in the political system of the country under consideration10. Marshall (1964) has defined the political right in terms of the right for participating in the implement of all political powers, as the effective member of the organization invested with the underlying political authority. This has also been defined as a voter of the effective members of that type of a body11. Even though Marshall’s concept of political rights can emerge limited to selection or helping in a designated office, it appears fair to incorporate within Marshall’s concept the ability to figure governing institutions with the help of participation in different other institutions, like schools. These rights are given to the children through their ability to participate into the educational system of a country12. The very right which follows civil as well as political rights is described as social rights. In this context, Marshall (1964) has defined that, social rights allow a person to benefit from an intensity of economic as well as social well being. This level of well being authorizes effective contribution in respect to various aspects of his or her society. In this respect also various child rights are considered around the world as the most important aspects of child rights. This is due to the fact that greater level of protection for the children across the globe. Marshall has challenged that devoid of an education, a person could not efficiently implement her civil as well as political rights. Hindess (1993), in this context, has stated that, “In the absence of social rights, then, the impact of a formal equality of civil and political rights will be somewhat restricted”13. Freedom of principles as well as the right to congregation, for example, is more functional if a person (including mainly a child) can read as well as write14. CRC – definition and protocol: The Convention on the Rights of the Child has been defined as one of the most important legal rights law in the world. This law has been particularly implemented for the purpose of providing greater level of economic, social, cultural, as well as health rights to the children15. This right has been implemented by the UNICEF. “The Convention on the Rights of the Child” is regarded as the first legally obligatory international instrument in order to integrate the entire range of human (mainly child) rights. These rights include various civil, cultural, social economic and political rights16. In the year 1989, the world leaders have decided that children required a special conference just for them due to the fact that people below 18 years old sometimes require special care as well as protection which adults do not need. These leaders have also wanted to make certain that the world acknowledged that children also possess significant level of human rights. The Convention has set out these different types of rights in 54 law articles as well as two “Optional Protocols”. This fact spells out the fundamental human rights which children everywhere posses: “the right to survival”; the right “to develop to the fullest”; the right “to protection from harmful influences, abuse and exploitation”; and the right “to participate fully in family, cultural and social life”17. The four foundation principles of this very Convention are described as non-discrimination against children; attachment to the most excellent significance of the child under consideration; the right to live a child’s life, survival as well as development; and also admiration for the views and various creative and intuitive aspects of the child. Each and every right has been spelled out in this Convention which has been intrinsic to the human dignity as well as harmonious development or growth of every child18. This Convention defends childrens rights with the help of setting different standards in the health care; as well as in education; along with various legal, civil, cultural, and social services. In this respect, by agreeing to take on the compulsions of the Convention (through approving or consenting to it), different national governments have dedicated themselves in the process of protecting as well as ensuring childrens rights. Also these governments have agreed to embrace themselves responsible for this assurance before various international communities. Also states parties in regard to the Convention have been obliged to expand and to take on all actions, strategies, and policies in the face of the most efficient interests or needs of the child under consideration19. Also in respect to the existing high level of poverty, the aspect, like children protection, is very much important20. However, one of the most important problems associated with the successful application of these rights is related to the fact that children themselves do not understand the effectiveness or seriousness of these laws and regulations. As adults are reluctant to ask in favor of the rights of the children, it is the responsibility of the children to ask for the fundamental rights and protections that they need. This level of self-determination of various rights and protections are lacking in the mind and attitude of these children which are essentially required to be developed in countries across the globe, but mainly among the children of the developing or less-developed countries, like Uganda. Children belonging to the developing as well as less-developed part of the world do not understand the needs and wants. This makes their achievement of rights and protections more and more difficult in the modern world21. In Uganda, large numbers of children are used as soldiers who are also treated very badly by the enemies of the country and also the countrymen themselves. During the 2005 and 2006 time period, the “Coalition to Stop the Use of Child Soldiers” has reported that an estimated 300,000 children in more than 40 nations across the world are affianced in various armed conflicts. Out of this approximated 300,000 child soldiers all over the world, 120,000 children are most likely to be found in different countries of Africa alone22. Child protection acts in Uganda and children’s condition in the country: There are large number of children in the country who are suffering from malnutrition and several chronic diseases, such as “diarrhea, pneumonia, malaria, measles, and neonatal disorders”23. There are small numbers of acts and laws present in the country in respect to creation of significant level of child protection in the country24. In the year 2000, a workshop has been conducted in the country by the UNICEF in regard to implementing the greater level of training facilities. These training facilities have been given to the people of the country regarding the policy of the international organization in respect to save the children of the country and of other countries from any kind of physical or mental harassment25. Also the Defence for Children International Act has been implemented in the country for the purpose of providing greater level of defensive power to the children of the country from any kind of mental or physical harassment26. Also the Juvenile Justice system in the country has been developed to some significant level with the help of the international organizations, such as the UNICF and the UNESCO. Evaluation Report on the basis of the “Programme of Strengthening the Capacity of Local Council Committees” in order to handle different child related cases of harassment or abuse in the Kampala District have been evaluated by the international organizations and necessary steps have been taken to punish the main culprits27. Along with these aspects, greater levels of protection are given to the children of the country with the help of the process of providing growth and development opportunities of the children. These opportunities are given to the children of the country with the help of government as well as non-government organizations. These opportunities include provision for the children of the country, including mainly the female children of the country to participate into the educational system of the country. These also include rehabilitation of the poor and orphan children in the country. Also providing some basic counseling skills as well as developments of child-friendly communication skills is included in these opportunities. Greater level of integration of the children of the country is also regarded as an important aspect of these opportunities28. Joseph Kony 2012 case: The case of Joseph Kony in the year 2012 has been one of the most important cases of violation of various child rights acts. The “Prosecution of Joseph Kony” has been described in Uganda as the notion of “DIRECT MILITARY ENGAGEMENT”29. With the help of this act the Invisible Children Movement of the country has been revealed to some significant level. Under this act the problem of child abuse and also the problem of inclusion of innocent children into the grave social aspects of civil or cultural wars are revealed. In Uganda the problem of child abuse has been revealed as one of the grave problems. Greater level of cases of child abuse and also cases of sexual harassments of small children has significantly been revealed in the country. Along with this the problem of engagement of children in pornographic films has been prominently revealed with the help of this case in 2012. Small children in the country have been given dangerous weapons, such as AK-47s and RPGs, to fight against those people whom they hardly know and also have hardly know the reasons of their fighting30. Conclusion: Cases of sexual harassments and engagement of little children various pornographic films and actions have been one of the most important problems for Uganda. As the country is not only economy poor, but the poor social and cultural integration of the country has always been one of the most brutal problem for the country and its people. Although various child protection acts and rights have been implemented in the country, over the passage of time, these acts have not been much effective in terms of reducing the problem of child abuse in the country. Various illegal organizations, including several African terrorist groups have been creating significant level of negative effects on the process of development of the social and cultural aspects of country. Mainly the negative effects have been created on the development of social, economic as well as cultural aspects or conditions of the children of the country. Also various cases, such as the famous case of Joseph Kony of 2012, have been significantly affecting the social and cultural conditions of the children of the country. Children in the country, mainly the female children are not at all allowed by the social and cultural system of the country to take part into the educational system of the country. This fact is negatively affecting the development of thinking processes of the present as well as the future generation of the country to some great extent. Along with these aspects, the inefficiency of the government of the country is also creating significant level of negative effects on the process of hurting the growth path of the children of the country. Under these circumstances, it can be said that, if international organizations, such as the UNICEF, or the United Nations, or even some of the developed countries of the world, such as United States of America or the United Kingdom, take the responsibility together to develop the social and cultural aspects of the country, then these cases of child abuse and violation of children rights can be avoided. In this respect greater volume of much stricter laws and regulations are also required to be implemented in the country, in favor of the greater level of child protection and right. References: 1. Alianza, Casa. “Protecting the rights of children in conflict with the law”, PROGRAMME AND ADVOCACY EXPERIENCES FROM MEMBER ORGANISATIONS OFTHE INTER-AGENCY COORDINATION PANEL ON JUVENILE JUSTICE, (2010), accessed May 17, 2012, http://www.unodc.org/pdf/criminal_justice/Protecting_children_en.pdf 2. Alston, Philip and John Tobin, “Children’s Rights in International Law”, NYU Law School, (2006), accessed May 17, 2012, http://www.protectionproject.org/wp-content/uploads/2010/09/Childrens-Rights-in-International-Law-Alston-Tobin.pdf 3. Björkman, Martina and Jakob Svensson, “POWER TO THE PEOPLE: EVIDENCE FROM A RANDOMIZED FIELD EXPERIMENT ON COMMUNITY-BASED MONITORING IN UGANDA”, Quarterly Journal of Economics (forthcoming), (2010), accessed May 17, 2012, http://people.su.se/~jsven/PtP_QJE.pdf 4. Blanchfield, Luisa, “The United Nations Convention on the Rights of the Child: Background and Policy Issues”, Congressional Research Service, (2011), accesses May 17, 2012, http://www.fas.org/sgp/crs/misc/R40484.pdf 5. Cherney, Isabella, and Nancy Walker Perry, “Children’s Attitude Towards Their Rights: An International Perspective”, Kluwer Law International, (1996), 241-250, accessed May 17, 2012, http://www.icherney.com/Research/Publications/Cherney_Perry96.pdf 6. Gran, Brian, K. “Comparing Children’s Rights: Introducing the Children’s Rights Index”, International Journal of Children’s Rights, 18 (2010): 1–17 7. Hovil, Lucy. “Hoping for peace, afraid of war: the dilemmas of repatriation and belonging on the borders of Uganda and South Sudan”, Policy Development and Evaluation Service United Nations High Commissioner for Refugees, (2010), accessed May 17, 2012, http://www.unhcr.org/4cf5018b1.pdf 8. Jones, Gareth A. Children and development: rights, globalization and poverty, Progress in development studies, 5 (4), (2005), 336-342 9. Mezmur, Benyam, Dawit, “CHILDREN AT BOTH ENDS OF THE GUN: TOWARDS A COMPREHENSIVE LEGAL APPROACH TO THE PROBLEM OF CHILD SOLDIERS IN AFRICA”, THE UNIVERSITY OF THE WESTERN CAPE, SOUTH AFRICA, (2005), accessed May 17, 2012, http://etd.uwc.ac.za/usrfiles/modules/etd/docs/etd_init_1181_1176816169.pdf 10. Mwakikagile, Godfrey. Uganda: The Land and Its People, Uganda: Godfrey Mwakikagile, 2009 11. Nogami, Norie, “Children’s Health and Human Rights”, R E V I E W DI G E S T : HUMA N R I G H T S & HEALTH, (2010), 58-77, accessed May 17, 2012, http://www.du.edu/korbel/hrhw/researchdigest/health/children.pdf 12. UNICEF, “Convention on the Rights of the Child”, Last modified 2012. http://www.unicef.org/crc/ 13. United Nations Human Rights, “Uganda”, Last modified April, 2012. http://www.ohchr.org/EN/countries/AfricaRegion/Pages/UGIndex.aspx 14. Weebly, “Concerning Kony 2012”, Last modified May 2012. http://seet.weebly.com/1/post/2012/03/concerning-kony-2012.html Read More