ZCEA TOT Manual

Page 1

Child Rights Clubs Facilitator’s Training Manual



Copyright @ 2010 Zambia Civic Education Association (ZCEA). All Rights Reserved No part of this booklet may be reproduced or transmitted in any form or by any electronic or mechanical means, including photocopying and recording or by any information storage and retrieval system without written permission from Zambia Civic Education Association. First Edition 2010 Writers: Judith Mulenga, Kafupi James Banda and Prisca Sikana- Nyoni Proof Readers: Davison Chandela, Baron Mwangwe Lukwesa, Wiston Chiyengi, Agness Changwe Chama, Bubbile Luhana, Bright Mulenga, Christine Malonga, Silvia Kangwa Bwalya, Chama E. Chilambwe. Graphic Designer: Kiss Brian Abraham Printed and bound by: Published by: Zambia Civic Education Association The Lucy Sichone Memorial House Plot 2/1836, Azikiwe Close Off Manchinchi Road Northmead, Lusaka P/Bag RW 239X Phone: +260 211 229641 Fax: +260 211 236232 Email: info@zamcivic.com.zm Website: www.zamcivic.com.zm Supported by


Foreword Since the establishment of Child Rights Clubs in Zambian schools, Zambia Civic Education Association has been training teachers to support the running of the clubs. The teachers that are patrons or matrons of Child Rights Clubs are referred to as 'Facilitators'. The training of the Facilitators was easier when there were fewer clubs but as more and more schools have been established in schools it has not been possible for ZCEA to train all new Child Rights Clubs Facilitators. ZCEA's solution to the dilemma was a methodical and sustainable institutionalisation of the training of Facilitators in the Ministry of Education. The Ministry of Education has well defined training structures at all levels that are well placed to undertake training of new Child Rights Clubs facilitators. It is hoped that the in-service training providers in the Ministry of Education such as District Resource Centres Coordinators, Zone Resource Centres Coordinators and School In-service Coordinators will find the manual a 'good companion' as they train teachers or any other adult who may want to provide adult support to Child Rights Clubs and thereby contribute to children learning about their rights and corresponding responsibilities in an active manner. This manual is therefore a set of instructions intended to guide a trainer when training Child Rights Clubs facilitators. It may further be used as a general reference book on the human rights framework for children's rights and on Child Rights Clubs. Alternatively, the manual may be used as a self-paced guide for those teachers or adults that may want to get an understanding of their role as facilitators without undergoing training. This manual is further intended to offer consistency in presentation of the training programme for Child Rights Clubs facilitators. The content, scope and approach of the training of facilitators have been developed by ZCEA staff over a period of seven years. The earlier version was a very basic framework encompassing broad provisions of the Convention on the Rights of the Child and aspects of the South African Buddyz Clubs. During the past years however, the ZCEA staff, in consultation with children, teachers, district resource centres coordinators and other stakeholders, has been refining the training 'syllabus' to this point of publishing this manual. From all of us who are ardent supporters and promoters of children's rights in Zambia Thank you to all the contributors to this manual.

Enoch Mulembe ZCEA Board Chairperson


Introduction What the manual is about This is a step by step guide on how to train Child Rights Clubs Facilitators. The guide is divided into 3 parts: Part 1 discusses the concept of human rights, their characteristics, categories and major international human rights instruments. It then focuses on the Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC) both of which underpin children's rights. Part 2 discusses the rationale behind formation of Child Rights Clubs. This part also gives information on how a club can be formed, who can be a member of the club, the structure of the club and how it is coordinated. This section also suggests activities that children should be doing in the clubs. Part 3 discusses the roles of a Child Rights Club facilitator, Provincial Education Officers (PEO), District Education Board Secretaries (DEBS), District Education Standards Officers (DESOs), District Resource Centres Coordinators (DRCCs), Zone In-service Coordinators (ZICs), head teachers, School In-service Coordinators (SICs) and other adults in supporting the clubs. The section concludes with a brief description of the content, use of the Child Rights Clubs Facilitator's Manual and the Children's manual and simplified reading materials that ZCEA has produced to assist with the learning of children's rights. The guide ends with annexes of pre training and post evaluation forms for trainees.

Who is to use the manual? Any trainer of trainers may use the manual to teach others children's rights and to help children learn about their rights. However, the manual is intended for in-service providers in the Ministry of Education such as Resource Centre Coordinators and Zone In-service Coordinators.

Who is to be trained? Child Rights Clubs Facilitators or any person supporting any grouping based on child rights. Facilitators are teachers or any adults that support children in the Child Rights Clubs established in Zambian schools and communities.

ii


How are trainees identified? There are two types of trainees; those that are already supporting a club which has already been formed but who are not yet trained as facilitators and those who intend to form a Child Rights Club in future. In the second scenario the usual way that patrons of other clubs in the schools are identified is the same way that facilitators of Child Rights Clubs should be identified. Head teachers of schools should submit names of teachers to be trained to the District Resource Centre Coordinators (DRCCs). In the case of clubs not in schools, community leaders should submit names of persons to be trained to the nearest Zone Resource Centres (ZRCs) for future training. ZCEA would also submit names of clubs that affiliate to it to the appropriate DRCCs.

Pre and post evaluation forms Pre evaluation forms should be completed by trainees before the training for the trainers to understand the level of knowledge of children's rights of the trainees and for the trainer to assess the training needs of the trainees in order to plan to meet these needs. The post evaluation forms are meant to assist the trainer to assess the success of the training. The pre and post evaluation forms which are in this manual are suggestions and the trainer can make adjustments to them or develop other evaluation forms.

Trainer's Notes It is important for the trainer to understand that the trainer's notes that are provided in this manual are not meant to be read to the trainees word by word but are meant to be summarised for the trainees.

iii


Day One Topic: Introduction to Human Rights Framework Session Objectives 1. 2. 3. 4. 5.

To understand the concept of human rights To learn about the characteristics and categories of human rights To trace the origin of the concept of human rights To get an understanding of the UN and AU Human Rights arrangements To get an understanding and appreciation of the CRC and the ACRWC

Rationale The purpose of Child Rights Clubs is to afford children a forum at which they could learn their rights and corresponding responsibilities. In order for a teacher to be a facilitator of a Child Rights Club it is important that such a teacher understands the human rights framework. The issue of human rights raises a lot of emotions in people especially children's rights. Children are excitable about their idea of possessing their own set of human rights and may in their excitement be excessive in their enjoyment of their rights to the extent of going against societal norms. Adults on the other hand are apprehensive of children's rights and often think they bring chaos and contribute to children being rude and arrogant to everyone in society. These perceptions are as a result of ignorance of the actual content of human rights in general and children's rights in particular. Therefore, the facilitator has a big role in clarifying the confusion to both children and adults and can not carry out their responsibilities without a deep understanding of the content of the human rights instruments. This is the reason that the training of Child Rights Clubs facilitators should start with learning about the Human Rights Framework.

Suggested Materials

Flip Chart Plain white and Coloured Card paper Marker pens Old magazines with lots of pictures if possible Pictures or drawings illustrating rights Card with some rights written on them 1


Sub Theme: Definition of Human Rights Duration: 15 Minutes Process 1. Ask participants to state what they understand by the concept 'human rights'. 2. Write the key words they use on the flip chart 3. Agree on a working definition which can include words such as: 'Entitlements' 'Claim' 'Conditions' 'Every human being' 'Dignity' However the definition should not include words such as: 'Benefits' 'Privileges' 'Gifts' 'Kindness' 'Some people'

or 1. Divide participants in groups and give each group an old magazine with lots Of pictures. 2. Ask each group to select one picture that shows a 'human right' quality. For example, a picture showing good food, or one showing education in progress or one showing a family life etc. 3. Afterwards ask each group to explain to the rest of the participants the reason why they selected their picture. 4. With the participants construct a definition of 'human rights.' A working definition of Human Rights An example of a definition of human rights can be: Human Rights are claimable entitlements that every human being has by virtue of being human.

2


Sub Theme: Examples of human rights. Duration: 15 Minutes Process 1. 2.

3.

4.

Show pictures or drawings of rights and ask participants to put name to the rights depicted in them. Or show cards with rights written on them and ask participants to say a few words about each of the rights mentioned on the cards. Encourage the participants to say something about the enjoyment of the rights in their areas where they live and also which groups enjoy these rights more than others and reasons why. Or ask participants to mention rights that they know of. Prod them to think of less obvious rights such as rights to nationality, non discrimination, equality, human dignity, and security of person, equality before the law, and effective remedy to violations, protection from arbitrary arrest, detention or exile. Lead a brief discussion on the reality of these rights in their communities in particular and in Zambia in general.

Sub Theme: Characteristics of human rights Duration: 30 Minutes Process 1. Lead participants on brainstorming on what they know or think characteristics of human rights are. 2. Write down the key words of responses from participants which are in line with the correct answers. 3. In preparation for the session prepare cards with characteristics and explanations written on them. 4. Using these flash cards provide explanations. 5. After each explanation stick the card in the room where participants can have a chance of reading them at a later stage.

Notes for the Trainer Human rights are indivisible, inter related and inter-dependent Every human right is equally necessary for life and dignity. Not fulfilling one right affects the enjoyment of others. For example if one is not enjoying good health it becomes

3


difficult to enjoy other rights such as right to work, movement, assembly and association, education etc. Inversely, fulfilling some rights often allows for the enjoyment of others. For example, if a person has enjoyed the right to education all the way to the highest institutions of learning, the person will enjoy other rights such as the right to assemble, the freedom of thought conscience and religion, right to take part in the government of one's country, right to work, etc. Human rights are not hierarchical either. They are supposed to be enjoyed in totality. Human rights are universal Every human being is entitled to the same rights no matter what race, gender, colour or creed or where they live in the world and what culture they are. All people have equal rights, all the time, everywhere. This principle is commonly referred to by terms such as non-discrimination, equality and inclusion. Human rights are inalienable and inherent Human rights are a birthright of all human beings. All persons are born with the same rights. Human rights cannot be taken away or given up. People have human rights even when they are not enjoying them. There is a difference between having human rights and enjoying or exercising them. Human rights demand accountability Governments and other duty bearers are responsible for and have duties to respect, protect and fulfil human rights. Human rights go beyond state sovereignty which means that a government cannot ignore or violate its citizens' human rights without regional and international concern and condemnation. Human rights demand participation Human beings have the right to participate in every aspect of their life, including influencing all decisions that affect them. People have the right to claim for themselves the fulfilment of their rights and those of others.

Sub Theme: Categories of Human Rights Duration: 30 Minutes Process 1.

2.

In preparation for the session write civil and political rights on one colour cards or paper and economic social or cultural rights on another coloured cards or paper. Each card should contain only one right. Show participants two cards; one with a civil or political right and another

4


3.

4. 5. 6.

with an economic or social or cultural right. Ask participants to imagine that they have one choice only and invite them to choose between the two and to give an explanation of the participant's choice. Repeat this with as many pairs of cards as you can in 10 minutes time. Stick the cards the participants have chosen and find out which category of rights is more important to the participants or are the choices equal? Summarise the session with explanations of the different categories using the notes provided for the trainer.

Notes for the trainer Civil and political rights Civil and political rights guarantee a person's civil liberties, equality before the law and freedom to participate in the political life of a country. These rights are also called 'firstgeneration rights,' 'blue rights' or 'negative rights'. They are called first generation rights because they were the first category of rights to be recognised. They are called negative rights because they require the government not to interfere in the individual's enjoyment of the rights. For example, the freedom of speech requires the government not to gag anyone to express themselves as long as what they are saying is not slander (spoken falsehood about others) or libel (written and published falsehood about others). First generation rights are also referred to as blue rights because they were championed by the Western world, United States of America and its allies. Civil and political rights are stated in both the Universal Declaration of Human Rights and in the International Covenant on Civil and Political Rights. Economic, social and cultural rights Economic social and cultural rights guarantee a person's well being such as the right to work, to an adequate standard of living and to social services such as roads, water, sanitation, electricity, garbage disposal and to take part in cultural life and to enjoy the benefit of scientific progress. This category of rights is also referred to as 'second-generation' or 'red' or 'positive' rights and includes the right to education, employment and minimum health care standards. They are called second generation because they were the second category of rights to be recognised. They are called 'red' rights because they were championed by Union of Soviet Socialist Republic (USSR) as opposed to 'blue' (civil and political) rights that were championed by United States of America and its allies. Furthermore they are referred to as 'positive' rights because government has to take progressive steps to fulfil them. Second generation rights are treated as inspirational rights to which society should aspire in a progressive manner. These rights are enshrined in the

5


International Covenant on Economic, Social and Cultural Rights ("ICESCR"). Solidarity or Group (Peace and Development) Rights Third-generation rights, or 'green' rights belong to the wider community. They include the right to peace, environmental rights and the right to development. These rights are also rooted in the UDHR but are reflected in other human rights arrangement such as the African Charter on Human and People's Rights (Articles 22 to 24).

Sub Theme: Origin of human rights Duration: 1 hr Process 1. 2.

3. 4.

Brainstorm on the origin of human rights Conclude the brainstorming session by stating that there are many theories on the origin of human rights but that the simplest theory for children to comprehend is that: Human rights are God-given and they have been around as long as human life has been in existence. However, because human rights are claimable they can only be claimed if a person lives with other people, in a society. A person living on his or on her own cannot exercise the enjoyment of most rights and has no one to claim them from. Introduce the concepts, rights-holder and duty-bearer (see definitions in the glossary section) Using the notes provided for the trainer 'walk' the participants through the origin of human rights explanations and frequently provoking discussions through posing questions to the participants.

Notes for the Trainer Holy Books The Christian Bible and other holy books such as the Islamic Koran, the Hindu Vedas the Jewish Torah, the Buddhist Tripitaka or the Sikh Guru Ranth Sahib all attest to the oneness of man in the eyes of God. The sanctity of the human being as being made in the image of God the creator is accepted as common religious doctrine. The golden rule of, 'Do unto others as you would like them to do unto you.' is found in all these holy books. The Magana Carta of 1215 Apart from religious books, a well known attempt to document human rights is found in

6


the Magna Carta. The Magna Carta, also called the Magana Carta Libertatum or the Great Charter of Freedoms, a legal charter was issued in 1215 in England. Magna Carta is Latin meaning the Great Charter in English. It was issued during the reign of King John of England and primarily a proclamation of certain rights of freemen and it also limited the powers of the King as the Charter stated that the King's will could be bound by law. The Charter protected certain rights of the King's subject whether free or not and it implied support of what now has come to be known as the writ of habeas corpus which allows appeal against lawful imprisonment. The Magna Carta was the most significant ancient influence on constitutional law, equality before the law and the respect of human rights. Tha Charter of Mande? of 1222 Most Africans think and claim that human rights are a western concept. However, recent historians have discovered that Africa also has an ancient Human Rights Charter which was proclaimed as far back as 1222 in the ancient West African kingdom of Mali. The Charter called the Charter of Mande? was proclaimed by Sundiata Keita also know as Mande? at his coronation as the King of the Kingdom of Mali. The Charter of Mande? has essential elements of modern day human rights provisions such as the inherent dignity and equality of human life and freedom from hunger and slavery. The Charter of Mande?? is reproduced below: The Charter of Mandé "Every human life is a life … there is no life more 'ancient', Or more respectable than another life, as no life is worthier than another life." For this reason: "Every life being a life, Every damage inflicted on a life needs repair. Therefore, Nobody may without reason oppose his neighbour, Nobody may do his neighbour a wrong, Nobody may torment another human being."

"Hunger is not a good thing, Slavery isn't a good thing either; There is no worse calamity than these two things, In this world. As long as we have quiver and arrow, Famine will not kill anybody in Mandé … (and) no village will ever be destroyed By wars fought with the aim to capture slaves … As from to-day, The very substance of slavery is eradicated … Within the borders of Mandé."

The French Declaration of the Rights of Man and Citizens of 1789 / 1893

7


The French Declaration of the Rights of Man and of the Citizen is a principle document of the French Revolution of 1789 when ordinary French citizens overthrew their King, abolished the monarch and declared France a republic. The Declaration of the Rights of Man and of the Citizen was written during the revolution of 1789 and was revised in 1793. The Declaration defined individual and collective rights of all citizens as universal. The Declaration asserted the doctrine of natural rights of man and the universality of rights. The problem with the French Declaration was that although it established the fundamental rights for French citizens and 'all men without exception,' it does neither address women nor the issue of slavery. Despite this short coming the French Declaration of Rights of Man and Citizen is the fore runner of international human rights instruments. The Declaration affirms the natural rights of man to 'liberty, property, security and resistance to oppression'. It called for freedom and equal rights for all men, and access to public office based on talent. All citizens were accorded the right to take part in the legislative process of the country. Freedom of speech and the press was also declared and arbitrary arrests were outlawed. The Declaration asserted the principles of popular rule (democracy) in place of the divine rights of kings that is characteristic of monarchies. It established social equality among citizens, 'All the citizens, being equal in the eyes of the law, are free to determine their own future according to their capacity and without any distinction.' This eliminated the traditional special rights of the nobility and the clergy.

The United Nations Charter of 1945 Human rights as they are known today can be traced to the end of the 2nd World War and the formation of the United Nations. The United Nations was formed in 1945 to maintain international peace and security and to 'develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace.' The concern for human rights arose because of the gross violations of human rights that took place during the Second World War under Nazi Germany occupied territories especially against the Jews. Today there are 192 members of the United Nations including Zambia. The United Nations drew up a Charter to guide its operations. The UN Charter came th into force on 24 October 1945 and in it faith in the fundamental human rights, the dignity and worth of the human person, the equal rights of men and women and of nations large and small were affirmed. However, because of the gross violations of human rights during World War 2 the UN felt that there was a need to promulgate human rights so that no government, person or groups of persons can use the excuse of

8


ignorance of what human rights are in violating them. The result was the Universal Declaration of Human Rights whose writing was spearheaded by Mrs Eleanor Roosevelt, a former First Lady of the United States. The Universal Declaration of Human Rights of 1948 th

In 1948 on 10 December the Universal Declaration of Human Rights (UDHR) was adopted by the General Assembly. The UDHR outlines 30 basic human rights and freedoms which every human person is meant to enjoy and exercise. Article 29 gives duties to every person to the community in which the free and full development of his or her personality is possible and it limits the enjoyment of rights within the law for the purposes of respecting other people's rights and freedoms, morality, public order and general welfare in a democratic society. Article 30 forbids any government, person or group of persons from doing anything to violate any of the rights and freedoms outlined in the Declaration. The International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic Social and Cultural Rights (ICESCR) 1966 The UDHR is a comprehensive list of human rights and all subsequent human rights instruments are drawn from one or two provisions found in it. The UDHR, however, had one major weakness. It was not legally binding. The UN decided to draw up a legally binding human rights instrument. Instead of one instrument, two were drawn; the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic Social and Cultural Rights (ICESCR). Some of the reasons for coming up with two instruments instead of one lie in the difference in the nature of the two types of rights and their implementation: !. Civil and political rights obligate the state not to interfere with the individual enjoyment of these rights or to make it difficulty for the person to satisfy those rights by his/her own efforts. A). Economic social and cultural rights require the state to take positive progressive realisation of the rights. The state is obligated to take steps by law or policies or other administrative measures to ensure that the rights are implemented. The state has to set and meet targets that demonstrate progress in the realisation of the rights. When the state claims not to have enough resources to provide for economic social rights it should demonstrate that it has allocated all available resources at its disposal to the provision of core rights such as education, access to health, water and sanitation, housing and other services. B). Civil and political rights are immediate in implementation because they do not require a huge outlay of resources to implement.

C). Economic and social rights are progressive in implementation because they require a huge outlay of resources to implement. D). Civil and political rights are referred to as 'negative rights' because they require the government, 'not to interfere' in a person's enjoyment of these rights.

9


E). Economic and social rights are referred to as 'positive rights' because they require the government to 'do something', to take steps progressively in order to achieve them. F). After the 2nd World War the World was in a state of what is termed the cold war between the capitalist side led by the United States of America and its allies and the socialist side led by the former Union of Soviet Socialist Republics (USSR) popularly referred to as Russia. The capitalist states believed that when people enjoy civil and political rights then they can achieve economic and social rights according to their potential and ability. It is called the 'American dream.' On the other hand the socialist states believed that economic and social rights were more important that civil and political rights.

As a result of the different ideologies and the other reasons given earlier, the UDHR evolved not into one legally binding instrument but into two legally binding human rights instruments, the ICCPR and the ICESCR. The ICCPR has two Optional Protocols. Optional Protocols are additional or addendum treaties that address a right (s) from the principle treaty that needs emphasis or more elaboration. The Optional Protocols to the ICCPR are: A. The First Optional Protocol to the ICCPR on individual complaints mechanism. The 1-OP ICCPR seeks States parties to allow individuals in their territory to lodge a compliant to the Human Rights Committee when their rights are violated. B. The Second Optional Protocol on the abolition of the death penalty in States parties. The 2-OP ICCPR seeks to promote further the fundamental right to life by urging States parties to abolish the death penalty in their territories. The Human Rights Committee is a treaty body that supervises the implementation of the ICCPR. The International Bill of Rights The parent human rights instrument the UDHR and its offshoots, the ICCPR and the ICESCR are together referred to as the International Bill of Rights.

The International Bill of Rights The Universal Declaration of Human Rights 1948 International The International Covenant Covenant on Civil and on Economic Social and Political Rights. 1966 Cultural Rights. 1966 - 1st Optional Protocol on the Individual Complaints Mechanism 1966 - 2nd Optional Protocol on the Abolition of the Death Penalty 1989

10


Sub Theme: The UN Human Rights System Duration: 1 Hrs

Process 1. Lead a discussion on the difference between the 'UN system' and the 'UN Human Rights System' 2. Provide a brief description of the 6 principle organs of the UN. 3. Ask participants to discuss which of the 6 organs are directly linked to the human rights enactment, enforcement and monitoring. 4. Ask participants to choose a UN organ they would like to work for and to give reasons why. (Do not take long on this process) 5. Invite participants to talk about specialised agencies they know about.

Tips for the trainer 1. This is a session where it requires the trainer to give a brief description of the UN System. This session should be a discussion session. The trainer should be mindful not to make it into a lesson. 2. The trainer could also make it a group exercise with cards with short descriptions of the different levels of the UN with one or two questions testing the comprehension of the participants. 3. The trainer could wrap up the session with a summary of the main points of the session.

Notes for the trainer The United Nations Human Rights System seems complicated because the UN system is very complex. However it is important for facilitators to understand the system in order for the children to appreciate how their human rights are guaranteed, supervised and the mechanisms that guide their implementation. The UN has four objectives: A.) To maintain international peace and security B.) To develop friendly relations among nations C.) To cooperate in solving international problems and in promoting respect for human rights D.) And to be a centre for harmonising the actions of nations The UN has six principle organs: The General Assembly The General Assembly comprises of all the 192 member countries of the UN. It provides

11


a forum for discussions among the members. It is likened to a world parliament. The General Assembly discusses the progress of all the four objectives of the UN. In terms of human rights the GA initiates studies and makes recommendations to promote the realisation of human rights and fundamental freedoms. The Security Council The Security Council is responsible for maintaining international peace and security. The Economic and Social Council ECOSOC makes or initiates studies and makes public reports on international economic, social, cultural, educational, health, and related matters and may make recommendations with respect to any such matters to the General Assembly and to other specialized agencies. It also makes recommendations on the promotion, respect for and observance of human rights and fundamental freedoms in UN member countries. It prepares conventions on any of the subject matters under its jurisdiction. The Trusteeship Council This Council supervises territories that were or are not self governing to encourage observance of human rights and to promote the political, economic, social, and educational advancement of the inhabitants of the trust territories, and their progressive development towards self-government or independence as may be appropriate to the particular circumstances of each territory and its peoples and the freely expressed wishes of the peoples concerned. The International Court of Justice This is the UN's court. It adjudicates disputes of justice. Every member of the UN is required to comply with the decisions of the court. The Court also advises the General Assembly on legal matters. The Secretariat The Secretariat of the UN is the administration organ of the UN. It is headed by the Secretary General who is appointed by the General Assembly and is the chief administrative officer of the UN. The Secretary General appoints staff of the UN according to regulations made by the General Assembly. The Secretary General makes an annual report to the General Assembly on the performance of the UN. Human Rights Council This is the UN body in charge of monitoring and protecting fundamental rights and freedoms. It was formed in 2006 to replace the Commission on Human Rights which the body was originally meant to monitor and protect human rights. The Commission

12


on Human Rights was dissolved because the UN felt it was too politicised to perform its functions properly. It was hoped that the Human Rights Council would be more objective, credible and efficient in denouncing human rights violations in the world than the Commission had been. One way in which the Human Rights Council will examine the human rights situation in every UN member country is through the Universal Peer Review (UPR) mechanism under which every member country would be examined every 4 years. Another way the Council can find out about human rights is through what is known as the Special Procedures. These are ways to monitor, examine, advise and publicly report on human rights. There are two types of Special Procedures; the country mandate which focuses on human rights in a specific country or thematic mandate which focuses on a specific human rights such as use of children in armed conflict. Special Procedures are individual persons or groups of people called, 'Working Groups.' If they are individuals they are also referred to as 'Special Rapporteur' or 'Special Representative' or 'Independent Expert.' The Office of the High Commissioner for Human Rights (OHCHR) with headquarters in Geneva, Switzerland is the UN organisation that promotes human rights. In its efforts to promote human rights, the OHCHR tries to: A.) Prevent human rights violations, B.) Ensure respect for human rights C.) Promote international cooperation to protect human rights D.) It works to promote universal ratification and implementation of the major human rights treaties and the respect for the rule of law. E.) Supports the work of the UN human rights mechanisms such as the Human Rights Council Though the OHCHR supports the work of the Human Rights Council it is under the UN Secretariat. Specialised Agencies Apart from the organs that have been stated above, the UN works with specialised agencies which are independent organisations working with the UN and with each other and coordinated by ECOSOC. The agencies are all specialised in specific areas. The four largest and most well known specialised agencies are the International Labour Organisation (ILO), the Food and Agriculture Organisation of the United Nations (FAO), the United Nations Educational, Scientific and Cultural Organisation (UNESCO) and the World Health Organisation (WHO).

13


Some of the specialised agencies were established by UN organs and others were established independently. For example the ILO was established in 1919 long before the setting up of the UN. The UN has in total 17 specialised agencies that carry out various functions on its behalf. Specialised agencies that were set up with a mandate from the UN can be identified by the letters UN in their name, for example, United Nations Children's Fund (UNICEF) or United Nations Education, Scientific and Cultural Organisation (UNESCO) or United Nations Office on Drugs and Crime (UNODC).

Sub Theme: The Major International and Regional Human Rights Instruments Duration: 1 Hr Process 1. Prepare a short presentation on UN and AU human rights instruments. A power point presentation will be preferable. 2. Another method would be to give groups of participants copies of the particular human rights instruments the night before and ask them to prepare short 5 minutes presentation on each of the instruments followed by questions to the presenters by the rest of the participants. 3. Wrap up the session by clarifying issues.

Notes for the trainer Apart from the International Bill of Rights there are other international and regional human rights instruments. The international human rights instruments are intergovernmental organisations such as the UN system and the regional human rights instruments are inter governmental organisations such as the African Union, the European Council, the Arab League or the Organisation of American States which are regional specific. For the purposes of this handbook, the regional human rights instruments that will be looked at are the ones under the African Union. Human Rights Treaty Mechanisms It is important to understand how the implementation of human rights instruments is monitored or supervised. Treaties of human rights are contracts that countries become part of hence the term 'State party' to an instrument. Once a country becomes a State party to a legally binding human rights instrument then it takes obligations to respect,

14


protect and fulfil. The obligation to respect rights requires states to refrain from any action that would interfere with individuals' enjoyment of their rights or impair their ability to satisfy those rights by their own efforts. In regard to economic, social and cultural rights, this level of obligation requires the state to respect the resources of the individual and his or her freedom to use these resources alone or in association with other individuals for the purpose of satisfying his or her needs and the needs of those dependent upon him or her. The obligation to protect requires the state to prevent violations of human rights by third parties. This is usually considered to be a key function of states, which have to prevent irreparable harm being inflicted upon individuals. This requires states: (a) to prevent violations of rights by any individual or non-state actor; (b) to avoid and eliminate incentives to violate rights by third parties; and (c) to provide access to affordable legal remedies in the event of abuse of rights in order to prevent further violations. The obligation to fulfil requires the government to take the necessary measures to facilitate, promote and provide for the realization of human rights. This obligation entails the facilitation of the progressive realisation of children's survival and development rights. All legally binding human rights instruments provide for establishment of a Committee of men and women of nationals of the States Parties to the particular treaty are persons of high moral character and with recognized competence in the field of human rights. Therefore each human rights treaty has a committee that supervises the implementation of the provisions in the particular treaty. The Committees are also referred to as Treaty Bodies. Almost all the human rights treaties require States parties to write and submit States Party Reports to the supervising committee of the treaty. The reports are supposed to give comprehensive information of how the country is implementing the treaty. The States party compiles the report according to guidelines that the treaty or the treaty body has outlined. Some of the human rights treaties have provisions for Complaints Procedures. The procedures allow for complaints of human rights violations to treaty bodies. The complaints are also called Communications in international human rights law. The Complaints Procedures can either be by an individual or by another country. If the

15


complaint is submitted by an individual it is called an Individual Complaints Procedure. An Individual Complaint can only be eligible to be examined by a treaty body if all local remedies (national court system) have been exhausted. If the complaint is submitted by another country it is called an Inter State Complaints Procedure. Some treaties have both the Individual and the Inter State Complaints Procedures, others have one and yet others have no complaints procedures provided. Other ways of monitoring human rights is by the Inquiries Procedures. This is when an inquiry is ordered to investigate reports of consistent human rights violations either in a particular country or violations of rights in a region or globally. An example, of an inquiry of specific rights is the UN Secretary Generals Study of Violence against Children which was conducted by an independent expert between 2003 and 2005. International Human Rights Instruments 1. International Convention on the Elimination of All Forms of Racial Discrimination, (ICERD). 1966. It was adopted in 1965 by the United Nations General Assembly. It came into force in 1969. It was drafted to draw attention to racial discrimination that was still rampant in the world. America was still a very much segregated society even after its 1964 Civil and Political Rights Act. In South Africa there was Apartheid. The treaty is supervised by the Committee on the Elimination of Racial Discrimination. It has 18 experts of high moral standing and with acknowledged impartiality elected by States Parties. The supervisory mechanisms of this treaty are: a. Inter-State Complaints Procedure b. Individuals Petitions Procedure c. State Reports 2. Convention on the Elimination of All Forms of Discrimination against Women, (CEDAW).1979. Women and girls still suffer some of the worst discrimination all over the World especially in the socio-economic field. Women are generally denied a fair playing field in the society. First, in 1967, there was a declaration on the Elimination of all forms of Discrimination against Women. When the declaration did not effectively address the problem of female discrimination in the World, the legally binding Convention on the Elimination of forms of Discrimination against Women was adopted in 1979. The Optional Protocol allows the United Nations Committee on the Elimination of Discrimination against Women, established under article 17 and composed of independent experts on women's issues, to receive and hear cases of violations of women's rights. This treaty is supervised by the Committee on the Elimination of Discrimination against Women. It has 23 members of high moral standing and

16


competence in the field covered by the Convention. The supervisory mechanisms under this treaty are: a. Individual Petitions Procedure under its Optional Protocol b. Inquiry Procedure c. State Reports 3. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).1984. Despite the fact that torture, cruel, inhuman or degrading treatment or punishment were already categorically forbidden in both the Universal Declaration of Human Rights and regional instruments, there was a general view that a special instrument to forbid absolutely without reservations torture and inhuman or degrading treatment or punishment was needed because the earlier instruments had not completely eradicated human rights violations. The treaty is supervised by the Committee against Torture. This committee is comprised of 10 experts of high moral standing and recognized competence in the field of human rights, who shall serve in their personal capacity. The treaty has the following supervisory mechanisms: a. Inter-State Complaints Procedure b. Individual Petitions Procedure c. Inquiry Procedure d. State Report 4.

International Convention on the Protection of Rights of All Migrant Workers and Members of their Families (CMW) 1990 The Convention as the name suggests is meant to offer protection of rights of migrant workers. The Convention defines a 'migrant worker' as a 'person who is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national.' It is a comprehensive treaty that includes many of the provisions found in other human rights instruments. The treaty is supervised by the Committee on the Protection of the Rights of Migrant Workers and Members of their Families. The Committee is comprised of 14 independent experts who are persons of high moral character, impartiality and recognized competence in the field covered by the Convention. The supervisory mechanisms are: a. State Party Reports b. Individual Complaints Mechanism

5.

Convention on the Rights of Persons with Disabilities The Convention provides protection to persons with disabilities. The Convention reaffirms the universality, indivisibility, interdependence and interrelatedness of

17


all human rights and fundamental freedoms and the need for persons with disabilities to be guaranteed their full enjoyment without discrimination. The Convention emphasises the importance of mainstreaming disability issues as an integral part of strategies of any sustainable development. The Convention is supervised by the Committee on the Rights of Persons with Disabilities (CRPD). It is a body of independent experts which monitors implementation of the Convention. Its total membership is supposed to be 18 members but currently there are only 12 members. The supervisory mechanisms are: a. States Party Reports b. Inquiries Procedure African Regional Human Rights Instruments 6. African [Banjul] Charter on Human and Peoples' Rights 1981 The Charter is based on the AU Charter. It is the major intergovernmental body in Africa. Historically Africa has experienced some of the most serious human rights violations and deprivation. The purpose of the Charter is to promote and protect fundamental human rights with particular emphasis on African tradition and the people's right to development. It covers the entire first, second and third generation rights. The Charter is supervised by the African Commission on Human and Peoples' Rights popularly referred to as The Commission. It has 11 members chosen from amongst African personalities of the highest reputation, known for their high morality, integrity, impartiality and competence in matters of human and peoples' rights; particular consideration being given to persons having legal experience. The Charter has the following supervisory mechanisms: a. Inter-state complaints (communication) b. Individual, group or NGO complaints C. State party reports

Sub Theme: Convention on the Rights of the Child Duration: 1 Hr

18


Process 1. 2.

On separate pieces of paper or card write the words, 'I Agree', 'I Disagree', and 'Not sure.' And stick these signs on separate walls of the room. Read one of the statements below. Ask participants that agree with the statement to stand by the sign that says so and those that do not agree do the same and the ones that are not sure do likewise. Ask each group to give reasons about the positions they have taken. Moderate the discussions and invite those that change their mind to change positions. Do not dwell too long on a statement. Cut the debate on each statement while it is still heated.

Statements A. Children should have the same rights as adults B. The rights of children change from one country to another C. Children only have rights if they have duties D. The rights to food and water are more important than the right to participate E. By giving children rights we (adults) force them into becoming adults too fast. 3. 4. 5. 6.

Divide participants into 2 groups. Ask one group to write characteristics of children and the other one characteristics of adults Invite groups to make their presentations Lead a plenary discussion as way of wrapping up the session

Notes for the Trainer Children's rights are guaranteed under international human rights law starting from the UDHR. For example: Article 25 part 2 of the UDHR provides for children being entitled to special care and assistance and that whether born in or out of wedlock all children should enjoy the same protection. Article 24 of the ICCPR provides for the protection of children and registration at birth of their name and nationality. Article 10 of the ICESCR provides for establishing the right for specific attention, protection and assistance to children. A separate human rights treaty for children called the Convention on the Rights of the Child was therefore developed to offer comprehensive protection of children. It is a comprehensive instrument enshrining civil, cultural, economic, political and social rights, and has special protections specifically required for children. The Convention has been ratified by more nations than any other

19


human rights treaty. The Convention on the Rights of the Child has two optional protocols: 1. Optional protocol on the sale of children, child prostitution and child pornography 2000 The Optional Protocol supplements the Convention by providing States with detailed requirements to end the sexual exploitation and abuse of children. It also protects children from being sold for non-sexual purposes such as other forms of forced labour, illegal adoption and organ donation.

2. Optional protocol on the involvement of children in armed conflicts 2000 The protocol further develops this right, raising the age for direct participation in armed conflict to 18 and establishing a ban on compulsory recruitment for children under 18. The Protocol requires States who ratify it to “take all feasible measures� to ensure that members of their armed forces under the age of 18 do not take a direct part in hostilities. States must also raise the minimum age for voluntary recruitment into the armed forces from 15 years but does not require a minimum age of 18. Principles of the Convention on the Rights of the Child The Convention has four core principles that guide its implementation. The meaning of the principles is that in the implementation of each right provided for in the Convention the four principles become guidelines for any intervention or interaction relating to and with children. In other words if an adult is about to make a decision concerning a child, the adult should ask herself or himself whether the action will ensure that no child is discriminated, it is done in the best interest of the child, it will ensure the survival and development of the child and it has taken into consideration the concerned child or children's views. The four principles are: 1.

Non-discrimination The Convention applies to all children, whatever their race, religion or abilities; whatever they think or say, whatever type of family they come from. It doesn't matter where children live, what language they speak, what their parents do, whether they are boys or girls, what their culture is, whether they have a disability or whether they are rich or poor. No child should be treated unfairly on any basis.

2.

The best interests of the child The best interests of the child must be the primary concern in making decisions

20


that may affect him or her. All adults should do what is best for children. When adults make decisions, they should think about how their decisions will affect children. This particularly applies to national budgets, policies and law makers. 3.

The right to life, survival and development Children have the right to live. Governments should ensure that children survive and develop healthily.

4.

Respect for the views of the child (Participation). When adults are making decisions that affect children, children have the right to say what they think should happen and have their opinions taken into account. This does not mean that children can now tell their parents what to do. The Convention encourages adults to listen to the opinions of children and involve them in decision-making but it does not give children authority over adults. Article 12 does not interfere with parents' right and responsibility to express their views on matters affecting their children. Moreover, the Convention recognizes that the level of a child's participation in decisions must be appropriate to the child's age and level of maturity. Children’s ability to form and express their opinions develops with age and most adults will naturally give the views of teenagers greater weight than those of a preschooler, whether in family, legal or administrative decisions.

Best Interest of the Child

Survival & Development

Non Discrimination

Participation

21


Clusters The rights in the Convention on the Rights of the child are often categorised into clusters of rights. These clusters are survival and development rights; protection rights and participation rights. Sometimes survival and development rights are clustered together and counted as one cluster. It should be remembered that there are several ways of clustering the rights in the Convention. The clustering of rights cited below is just one type: Survival Rights Include such provisions as adequate living standard and access to medical services with specific articles concerning survival and development, paternal responsibilities, refugee and disabled children, social security and children of minorities or indigenous population.

Development Rights Development rights include provisions for education, access to information, play and leisure, cultural activities and the right to freedom of thought, conscience and religion. Protection Rights Protection rights cover those pertaining to all forms of child exploitation and cruelty, arbitrary separation from family, and abuses in the criminal justice system. Participation Rights Participation rights include the child's freedom to express opinions and to have a say in matters affecting his or her life. As capacities evolve, the child shall have increasing opportunities to take part in the activities of society as preparation for responsible parenthood. The Committee on the Rights of the Child The Committee that supervises the Convention on the Rights of the Child is called the Committee on the Rights of the Child. It is made up of 18 experts in the field of children's rights from different countries and legal systems. They are nominated and elected by States parties but act in a personal capacity, not as representatives of their countries. Governments write reports called State Party Reports to the Committee on the situation of children's rights in their country and on how they are implementing the provisions in the Convention and submit them within two years of ratification and every five years thereafter. In reviewing States' reports, the Committee looks at how well governments are setting and meeting the standards for the realization and protection

22


of children's rights as outlined in the Convention. The supervisory mechanism of the Convention is: State party reports

Sub Theme: African Charter on the Rights and Welfare of the Child 1990 Duration: 1 Hr Process 1. 2. 3.

4. 5.

Divide participants into groups. Ask them to make short presentations in whatever form about each of the Africa specific rights found in the ACRWC Conduct a gallery walk to watch the presentations. A gallery walk entails each group to have their own 'stand' in the room where they make their presentations. Encourage participants to be as innovative as possible. The presentations can be in song, poetry, drawings, paintings, sketches etc Elect winners of the 'exhibition.' Wrap up by a mock election of Africans of high moral standing, integrity, impartiality and competence in matters of the rights and welfare of the child to be on the African Committee of Experts on the Rights and Welfare of the Child (ACERWC). Participants can nominate as many names of well known Zambians and non Zambians as possible but only 11 can be elected. The elections can be conducted by a manner agreed upon by the participants.

Notes for trainers This is a comprehensive set of the rights of the child, many of them similar to those of the CRC. It has Africa specific provisions such as protection from harmful traditional practices and affirmative action measures in regard to female children. Furthermore, the ACRWC unlike the CRC puts a responsibility obligation on the rights-holder, the child. Article 31 stipulates the responsibilities of the child towards itself, family and society. The four principles of the ACRWC are also: 1. Non-discrimination; 2. The best interests of the child; 3. Survival and development; 4. Respect for the views of the child

23


The clusters of the ACRWC can also be grouped according to the CRC. However the ACRWC differs from the CRC because it is Africa specific and for the following reasons: Apartheid Article 26 deals specifically with the issue of Apartheid and systemic discrimination. Any state practising Apartheid, systematic discrimination would be in violation of the nondiscrimination clauses in the Charter. This could be seen as imposing specific obligations on states to protect the rights of children living in such societies. Harmful Customary Practices Article 21 places strong obligations on the state to eradicate harmful customary practices. The obligation emphasises the obligation of the state to “eliminate” harmful customary practices. Harmful social and customary practices are practices that, particularly, affect the health and life of the child; and specifically discriminate between sexes. Examples of harmful cultural practices are: • Female Genital Mutilation • Some male circumcision and initiation ceremonies • Pledging of the girl child to religious shrines (common in West Africa) • Lobola? • Virginity testing? • Bride inheritance? • Spirit appeasement • Unhygienic male circumcision Child Marriages and Betrothal Article 21 (2) prohibits child marriages (marriages where one of the parties is under 18) and the betrothal of children under 18. Recruitment to the army The African Charter on the Rights and Welfare of the Child is explicit in outlawing the recruitment of children (anyone under 18) into the armed forces and their involvement in armed conflict Article 22 of the Charter. On the other hand the CRC has set 15 years as the age of protection of children from being recruited in the armed forces. Protection of the Family Article 18 of the ACRWC protects the rights of the family as the primary care giver. This appears though like it is the family's rights that are protected, rather than the child's. But this must be interpreted in the best interests of the child. Furthermore, this must

24


be interpreted against the important role of the extended family in African culture. Special Protection for Children of women in custody Article 30 of the Charter protects the rights of young children whose mothers have or may be sentenced to imprisonment. The provision allows preference for non-custodial sentences for such mothers or for governments to establish special institutional facilities for the holding of such mothers. Governments are urged to prohibit detaining of children with their mothers and to avoid the imposition of the death sentence on such mothers. Pregnant Girls Article 11 (6) provides for pregnant children to be allowed to finish their education. Responsibility of the Child Article 31 stipulates the responsibilities of the child towards itself, family and society. The African Committee of Experts on the Rights and Welfare of the Child The ACRWC is supervised by the African Committee of Experts on the Rights and Welfare of the Child. The committee comprises 11 members of high moral standing, integrity, impartiality and competence in matters of the rights and welfare of the child. The supervisory mechanisms under the Charter are the: ! State party reports ! Individual complaints mechanism The committee has wide power to accept information from a wide variety of sources and can conduct inquiries where necessary

25


Day Two Topic: The Child Rights Clubs Session Objectives 1. To get an understanding of the concept of human rights education 2. To get an understanding and appreciation of importance of human rights education to children 3. To get an appreciation of why it is necessary for children to know their rights 4. To understand what Child Rights Clubs are in terms of why they were formed and who can participate in the clubs activities 5. To understand the way Child Rights Clubs are structured and can be best supported 6. To learn different types of activities that the children can be supported to undertake in the clubs

Suggested Materials

Flip Chart Paper Markers Sheets of plain paper Pens Sticky-stuff Sub Theme: Why Human Rights Education is Important to Children Duration: 2 Hours Process 1. Discuss with participants what human rights education is and its importance to children. (It is important that you keep in mind the fact that many people still have

26


negative impressions and attitudes towards human rights and especially the rights of children; therefore, the idea of human rights education for children may be met with resistance. Even so, it is important that participants recognize that human rights education is very important for ALL human beings particularly children) 2. stick a flip chart paper on the wall and write the title, 'Human Rights Education' 3. Ask participants the following question to introduce the discussion:

From day one's lessons, what would you say human rights education is? Some acceptable suggested answers: o Teaching human rights o Teaching people their human rights o Teaching children their rights o Teaching and learning about human rights o Helping people learn how to claim their rights o Teaching and learning about international/ regional human rights instruments o Teaching people to respect other people and their rights o Teaching people to protect theirs and other people's rights o Helping people change their attitude towards human rights and children's rights 4. Quickly discuss a few of the responses and then provide the definition given in the trainer's notes to wrap up 5. Divide participants into groups to brainstorm on the following sets of questions and write down their responses on flip chart paper for presentation: Set One: What is the importance of human rights education to children? What could be some of the academic and life skills that children can gain in learning about human rights? Set Two: Why should children know their rights? Outline some of the benefits of children knowing their rights? 6. After groups report back, hold a plenary session and discuss each group's Answers and clarify any issues that are misrepresented or are contentious using the notes provided for the trainer.

27


Notes for the Trainer: Definition of human rights education: Human rights education is the teaching and learning of human rights principles and values as contained in international and regional human rights instruments such as the Universal Declaration of Human Rights (UDHR), the Convention on the Rights of the Child (CRC), the African Charter on Human and People's Rights (ACHPR) and the African Charter on the Rights and Welfare of the Child (ACRWC). Importance of human rights education to children: Human rights education is important because: It informs people of their rights It provides information about the international human rights system It builds people knowledge and skills that lead to the protection and support of human rights It redefines people's attitudes to positively embrace human rights values and practices It is central to the human rights framework. All individuals must be aware and informed of their rights in order to claim those rights and to hold governments accountable for protecting those rights It is essential to prepare young people to participate in society and develop individuals

fully as

It fosters in young people respect for human rights and fundamental freedoms (Article 26 of the UDHR and Article 29 of the CRC) It promotes understanding, tolerance and friendship among all nations, racial or religious groups, and the maintenance of peace It supports the learning of concepts of civic participation and government obligation to its citizens It stimulates and engages learners, helps them relate emotionally and intellectually to course material, and helps them make connections between their own lives and events happening elsewhere It helps people appreciate the corresponding responsibilities for enjoying their own rights and for other people to enjoy their rights

Knowledge and skills that can be gained from human rights education include: A. A correct understanding of what human rights are B. Characteristics of human rights C. Categories of human rights D. Origin of human rights

28


E. The UN human rights system F. The international and regional human rights instruments and their supervisory mechanisms G. Critical thinking, analyzing credibility and authenticity of cause-effect relationships, formulating analysis and asking questions; H. Viewing an issue from multiple perspectives and identifying bias in your own and others' opinions; and I. Research and data collection, use of statistics, reporting and monitoring techniques, and measuring human rights violations. Why children need to know their rights The teaching of human rights develops human rights values and knowledge in children. Specifically, children need to know their rights for the following reasons: 1. Children require special protection and continuous improvement of their situation everywhere in the world, and for their development and education in Peaceful and secure conditions 2. Children are entitled to special care and assistance and children need the care and assistance so that they can survive 3. Children require guidance and direction in exercising their rights so that they can develop and fully assume their responsibilities within their community 4. Children are individuals with equal status as adults; they are not possessions of parents or of the state, nor are they people in the making. 5. Children are vulnerable to abuse and exploitation due to their physical, psychological and emotional immaturity and their dependency on adults for their survival and development 6. These rights are for children and it is the children's right to know their rights (Article 1 and Article 42 of the CRC) 7. Children become aware of their rights abuses and violations and the effects that those violations have on their own and other children's lives; 8. Children develop concern about human rights violations and the effects that those violations have on people's lives; 9.Children can understand and grow up to practice human rights values including respect for human dignity, non-violent conflict resolution, tolerance and appreciation of the different cultures;

10. Children can begin to take action in response to human rights violations in their Local communities, their district, and nation.

29


Sub Theme: What are Child Rights Clubs? Duration 1 hr 30 minutes Process 1. Lead a discussion on Children's Rights using the following questions and suggested answers. As a Trainer note that, not all adults believe that Children should have rights to form groups within their schools and communities. Though this is so, it is very important that participants recognize that ALL children, regardless of their age, maturity, sex or ethnic background according to their evolving capacities have a right to assemble and associate and clubs are one way of putting this right into effect. Discussion questions I. What are Child Rights Clubs? II. Where can Child Rights Clubs be formed? 2. Explain to the participants that associations have well defined membership. 3. Lead a discussion on who is eligible to become a member of the Child Rights Club. (Note the definition of a child in the UNCRC and ACRWC). 4. Explain to the participants that the main focus for the members of the Child Rights Club should be to learn about their rights and responsibilities. And that there are many ways that this could be done. Being children, there is need to consider activities that are fun but still educative for them. 5. Ask participants to break into groups and give them flip chart and markers. Let them brainstorm four (4) activities that they think children should undertake in the clubs. Each group should also give the reasons why they think the specified activities add to the overall goal of the clubs. The activities selected should not make children passive but active participants. 6. Each group should make presentations of their findings to the larger group. Notes for the Trainer Introduction to the Child Rights Clubs 1. Child Rights Clubs are clubs formed for the purpose of providing a platform for children to learn about their rights and responsibilities. 2. The clubs were formed in line with Article 42 of the United Nations Convention on the Rights of the Child. Article 42 states that countries should undertake to make the principles and provisions of the Convention widely known, by appropriate and active means, to adults and children alike. 3. Through the clubs the children can have an opportunity to learn about their rights

30


4. 5. 6.

7.

8. 9.

and responsibilities in an active way. Child Rights Clubs can be formed in basic and high schools in public (government), private and community schools. The clubs are expected to be established and run like any other clubs within the school system. There are still so many schools that do not have Child Rights Clubs in the country. This is why there is great need for the establishment of more clubs in more schools in order to enable more children to learn about their rights and responsibilities. Ministry of Education officials such as DESOs, DRCC, Zone In-service Coordinators (ZICs) have the duty to introduce the concept of the club to school head teachers and class teachers. These can then mobilise children who can begin the establishment of the club. A teacher, known as a facilitator, can be assigned to oversee the operations of the club. A facilitator's role is to offer support and guidance and facilitate child participation in the club. When the club is established, contacts should be made with ZCEA for affiliation and materials. The DRCCs will be responsible for materials and training. When the idea of establishing a club in a school has been accepted, the teacher appointed or volunteers to support the club should do the following; Step One- The teacher (Facilitator) should speak to the children around the school to find out whether they would be interested in being part of the club. Step Two- After the teacher has spoken to the children and they feel the club may have enough members to start the club with; the teacher should inform the head teacher and formerly register the club. Step Three- At this stage, the teacher should invite the interested children to join and give them further information about the activities of the club. The teacher should clearly explain to the children his or her role as a Facilitator and the role of the children as members of the club. The teacher should encourage the children to have ownership of the club in order for them to start running the club while the teacher only offers guidance and support. Step Four- The teacher should then help the children who have become members of the club to come up with rules (Code of Conduct) to regulate the running of the club.

Membership of the Child Rights Clubs Membership of the Child Rights Clubs is only open to children who are below the age of 18 years old. The participants should understand that this is according to the UNCRC, ACRWC and the National Child Policy that state that a child is between the ages of 0-18 years old. Since the clubs have been formed against this background, the members of the Child

31


Rights Clubs should not ideally be above 18 years old. Club Activities Members of the Child Rights Clubs can undertake the following activities; 1. Education and awareness campaigns on the UNCRC and the ACRWC to fellow children and adults through drama, songs, poems, debates and discussions. 2. Production of termly programme reminders/newsletters 3. Taking part in major calendar events like Youth Day, Day of the African Child, Independence Day, Commemoration of the UNCRC, World AIDS Day and many other national and international events. 4. Fundraising. The Club Facilitator should guide the children whenever they want to fundraise. It is advised that fundraising is focused within the school with activities such as working on the school farm or garden, filing, selling small items in the school tuck shop. 5. Children's camps 6. Weekly club meetings 7. Provide a quarterly report to ZCEA. The report should be written by the children with the guidance of the Club Facilitator.

Structure and Coordination Explain to the participants that members of the Child Rights Clubs should be allowed to decide on the best way of organizing themselves. However, the clubs should strive to follow the structure as laid down in the Child Rights Clubs Constitution. The Club Facilitator should guide the children to come up with the best structure for their club. Below is the example of the structure in the Child Rights Clubs constitution; A. President B. Vice President C. Secretary D. Vice Secretary E. Treasurer F. Committee Members Make participants understand that the role of adults in the running of the Child Rights Clubs is to offer support and guidance. The day to day activities as much as possible should be planned and coordinated by the children.

32


Day Three Topic: Roles of Various Stakeholders at District and School/ Community Levels and ZCEA in Supporting Child Rights Clubs Session Objectives 1. 2. 3. 4.

To learn the difference between a facilitator and a patron To learn the role of the club facilitator To learn and appreciate the qualities of a good facilitator To identify and understand the role of other key stakeholders in supporting Child Rights Clubs

Suggested Materials

Flip Chart Paper Markers Card/ plain paper Sub theme: The Child Rights Club Facilitator Duration 1 hour 30 minutes

Process 1.

Lead a discussion using the following questions. i) Who is a facilitator? ii) What is the difference between a facilitator and a patron? iii) What are the roles of a facilitator?

2.

Divide the participants in groups. Let them discuss the following questions; I) List five things that you have been doing with the Child Rights Clubs this year? ii) What significant changes have you seen in the members of the club so far?

33


iii) What kind of support do you offer to the Clubs? 3.

Group presentations and discussion

4.

Note: This activity is for participants who are facilitators of the Child Rights Clubs already. From the responses of the participants, as a Trainer, you will be looking for activities that may be outside normal activities for school clubs such as planning a trip to another town, starting a radio station or a national newspaper.

5.

As part of plenary, lead a discussion using the two questions below i) List five qualities of a good facilitator? ii) With regards to what you have learnt during this workshop, what do you think is your role as a CRC Facilitator?

6.

Ask the participants to write their answers on sheets of A4 bond paper using a marker. Participants should stick their answers on any part of the wall in the room you are meeting. When all participants have stuck their papers on the wall, lead a gallery walk. Ask each participant to explain to the group their answers once you get to their work.

7. 8.

Notes for the Trainer 1. A facilitator is a person who manages the process of information exchange. The facilitator addresses the journey, not the destination. 2. A facilitator is someone who is skilled at helping everyone in the group express their leadership qualities. 3. A club facilitator only offers guidance and support to the club while a patron or matron makes the final decision and is hands on. The participants should understand that a club facilitator and patron are not the same.

No. FACILITATOR 1. Someone that supports everyone to do their best thinking and practice. 2. Helps children through the decision making process 3. Guides children 4. Supports and empowers children take ownership

PATRON/MATRON Someone who protects, champions or supports someone or something such as an institution, a cause or an event. Decides on behalf of the children Plans for the children

34


As a Trainer, emphasise to the participants that a teacher who works with the Child Rights Clubs is known as a facilitator and not a matron or patron. A club facilitator guides and supports children in the club and facilitates child participation in the club as discussed in the table above.

Roles of a facilitator Below are the roles of a club facilitator; A. To initiate the formation of the club within the school B. To keep club materials C. Help members with recruitment of new members D. Offer training to the children and other teachers especially in children's rights and responsibilities E. The Facilitator is the link between the club and the school administration F. Assist children in preparing reports G. Provide guidance for the children when making decisions H. The facilitator is the link between the club and ZCEA through the DEBS office

Qualities of a good facilitator A good facilitator must possess the following qualities; A. Passionate about children's issues B. Easy to talk to C. Loves children D. Understands children' s rights E. Is interested in children's rights F. Is readily available to the children

35


Topic: Roles of Various Stakeholders at Provincial, District and School/ Community Levels and ZCEA in Supporting Child Rights Clubs Duration: 2 Hours Process Discuss with participants the importance of support from other stakeholders in facilitating Child Rights Clubs. Emphasise the need for help from other officers and people through networking and channels of communication within the Ministry's structures to achieve the objectives of the Child Rights Clubs. 1. Divide participants into groups 2. Ask the groups to discuss and answer the following questions (in 5 minutes): 3. Who do you consider to be key officers in supporting clubs at school level? 4. Which district officers do you see as essential in supporting clubs in schools? 5. Let groups present their answers and hold plenary session to harmonise the lists of school and district officers 6. Share and discuss the list provided in this manual under notes for the trainer with the participants 7. Ask the groups to brainstorm on possible roles for each of the officers or group of people identified in the previous activity in supporting Child Rights Clubs (30 minutes) 8. Once the groups are done, let them display their work on flip charts on the walls with one member of the group standing by their flip chart 9. Let the rest of the members of the groups conduct a gallery walk to check and take note of what the other groups have come up with and ask questions to the person standing by each flip chart 10. Hold a plenary session to discuss any observations and issues that may arise from the gallery walk and summarise the roles as per the notes for the trainer provided herein

Notes for the Trainer Roles of Provincial, District, School/ Community Level Stakeholders and ZCEA in Supporting Child Rights Clubs Child Rights Clubs are clubs just like all other clubs that children in school choose to belong

36


to. They play a very important role in Human Rights Education and developing a culture of respect for human rights in communities and in the society. Therefore, Child Rights Clubs need the support of all the stakeholders identified herein. The roles of these stakeholders may be summed up as below: The Provincial Education Officer 1. To ensure that the Child Rights Clubs are formed in all the districts 2. To supervise and support all provincial and district officers in supporting the clubs The District Education Board Secretary (DEBS) 1. To ensure that the Child Rights Clubs are formed in all schools in the district 2. To supervise and support all district officers and school head teachers in supporting the clubs The District Education Standards Officer (DESO) and Standards Department 1. To ensure that every school in the district has a Child Rights Club that is functional 2. To ensure that Child Rights Clubs operate in accordance with the general principles of the CRC and the objectives of the clubs and human rights education 3. To ensure that the activities and child rights learning and teaching that goes on in the schools are in line with international human rights standards and the Ministry of Education standards 4. To identify and liaise with DRCCs and ZCEA on training needs for club facilitators and other teachers in schools and ensure that the training offered is up to standard 5. To support DRCCs in training District Education Support Team (DEST) members in children's rights and Child Rights Clubs operations 6. To liaise with ZCEA on child rights materials (i.e. manuals, books, magazines, etc) for schools The District Resource Centre Coordinator (DRCC) 1. To identify training needs and plan appropriate training for school mangers, club facilitators and other teachers 2. To provide training to members of the District Education Support Team in children's rights and operations of Child Rights Clubs 3. To provide training to Zone In-Service Coordinators and other members of the Zone Education Support Teams in children's rights and operations of Child Rights Clubs 4. To source, receive and distribute child rights reference and training materials to zones and schools 5. To monitor the performance of the clubs in schools with a view to providing support to teachers and club members 6. To lead the coordinating of all district level activities by the clubs such as district

37


meetings, conferences, competitions, retreats, etc 7. To prepare periodic reports to the DEBS, PEO and ZCEA on Child Rights Clubs activities in their districts 8. To mobilise zones for children's articles for the termly Child Rights Clubs Magazine and ensure that the clubs send the articles to ZCEA in time for publication The Zone In-Service Coordinator (ZIC) 1. To provide training to school managers, Child Rights Clubs facilitators and other teachers in their zones in children's rights and club operations 2. To monitor schools to check on the performance of the clubs and give support in line with the guidelines for the clubs 3. To assist the DRCC to source and distribute child rights reference and training materials 4. To help coordinate Child Rights Clubs activities that may involve all clubs in the zone such as zone meetings or conferences, competitions, retreats, etc 5. To prepare periodic reports to the DRCC on the clubs and club activities in their zones 6. To mobilise schools for children's articles for the termly Child Rights Clubs Magazine and ensure that the clubs send the articles to ZCEA in time for publication The Head Teacher 1. To allow and encourage children to form a Child Rights Club in the school 2. To identify and appoint suitable facilitators (female and male) for the club in consultation with the club members 3. To oversee and support the Deputy Head and the club facilitator in sourcing child rights materials and facilitating club operations and activities in and outside the school The Deputy Head 1. To supervise the Child Rights Club facilitator in supporting the children in their club activities 2. To ensure that the club operates in line with the school policy, school rules and routines 3. To receive and keep copies of records of the club's list of executive committee and other members, constitution, plans, reports and records of club funds 4. To authorise or give permission to the club for all activities in the school or outside the normal routine of the school

38


The School In-Service Coordinator (SIC)/ Continuous Professional Development Coordinator 1. To support the facilitator in training children and other teachers (in Teacher Group meetings and other CPD activities) and share any information with them on children's rights, club operations and other relevant knowledge and skills 2. To support the facilitator in teaching club members leadership and other club management skills such as conducting meetings, minutes and report writing, coordinating the club and club activities Teachers, Parents and Other Adults 1. To learn and understand children's rights so that they can ably guide and direct children in exercising and claiming their rights 2. To support the school administration and club facilitators in guiding the children in their club operations Zambia Civic Education Association (ZCEA) 1. To publish and supply relevant child rights materials for schools and communities 2. To build capacity of Trainers in providing training to Child Rights Clubs facilitators, teachers and communities 3. To provide technical support to various levels of Ministry of Education on children's rights and related issues 4. To conduct sample monitoring and supportive visits to districts and schools

39


Topic: Child Rights Clubs Reference Materials Session Objectives: 1. To be acquainted with the materials available for Child Rights Clubs 2. To learn what the various Child Rights Clubs reference materials are and how they can be used

Suggested Materials

Flip Chart Paper Markers Card/ plain paper Manuals and easy read books Sub Theme: Child Rights Club Facilitator's Manual, Child Rights Clubs Children's Manual & Children's Rights Easy Read Books What They are and How They Can be Used Duration: 45 Minutes Process This session is meant to acquaint participants with the materials developed for use by and in facilitating Child Rights Clubs. Participants will need to know what each material is, who it is meant for and how it can be used. Therefore, depending on whether you have these materials during the training or not, you can facilitate this session in either of the following ways: Either (when you have copies of the materials with you): 1. Put facilitators into groups 2. Give each group copies of one type of material (i.e. the facilitator's manual, the children's manual, or the Easy-Reads) 3. Ask each group to scheme through the material and identify the following: A. The title of the material b. The audience or target group

40


c. The purpose of the materials d. How the material can be used 4. Let each group present their findings to plenary for discussion 5. Close the session by providing the summary given here under notes for the trainer and emphasise the need for schools and communities to have and use these materials

Or (when you do not have copies of the materials): In this case make this an information giving session. Make it brief and precise. You will need to have flip charts with the titles and notes on the Child Rights Clubs materials (see notes for the trainer) written on each one of them. 1. Introduce the session by explaining to the facilitators that there are materials that have been developed for adults and children to support the facilitation and operations of the Child Rights Clubs 2. Stick the flip charts with titles and notes on the materials on the walls 3. Go through the contents on each flip chart with the facilitators, answering questions if any 4. Inform the facilitators how and where they can obtain copies of these materials

Notes for the Trainer Child Rights Club Facilitator's Manual, Child Rights Clubs Children's Manual & Children's Rights Easy Read Books What They are and How They Can be Used What they are 1. These are materials that were developed by ZCEA for adults and children to support the facilitation and operations of Child Rights Clubs The Child Rights Clubs Facilitator's Manual 2. It is a manual for the adult supporter of Child Rights Clubs who may be a teacher, a parent or any responsible adult 3. It is a guide of how the facilitator may guide children in the club in their exploration of their rights and corresponding responsibilities 4. It has activities for the facilitator that may be done as they are stated or adapted to suit children in the Child Rights Clubs

41


The Child Rights Clubs Children's Manual 1. It is a manual for children who are members of the Child Rights Clubs 3. Non members of the clubs and other persons that may be interested in learning about children's rights may also use it 4. It is intended for children that are between 10 and 18 years of age 5. It is meant to assist children conduct meetings, teach and learn about their rights on their own during times when there are no adults to supervise them 6. Children that want to form clubs can also use it

The Easy Reads 1. These are booklets on children's rights that are written in simple language for children of lower grades (primary school) to be able to read and understand the contents of the Convention on the Rights of the Child 2. The booklets are written in a set of three Book 1, Book 2 and Book 3 3. The three booklets are Children's Rights To Survive and Develop, Children's Rights To Protection and Children's Rights to Participate 4. They contain information and activities that are meant to help young children to read and explore their rights so that they can understand them 5. Facilitators and other adults can use them to teach children about their rights in an active and participatory way

42


Notes

a


Notes

b


Glossary of Terms Rights-holder Theb individual whose rights are protected. Duty-bearer The government and individuals that are supposed to ensure that the rights holder enjoys their rights. Treaty / Covenant / Convention All mean the same i. e. that they are legally binding instruments and they can be used interchangeably except that the instruments called 'Conventions' were born out of a Convention, a big meeting. Signature This is the first step in the process of a country becoming a State party to a Convention. By Signature a country agrees in principle to be bound by the provisions in the Convention. Ratification A country that first appended its signature to a treaty and later decides to be legally bound to implement the provisions in the treaty is said to have ratified the treaty. Ratification has the same legal force as accession. Accession When a State accepts to become a State party to a treaty without having initially having signed it has acceded to the treaty. Accession has the same legal force as ratification and generally occurs after the treaty has entered into force. Entry into force This means a treaty has become legally effective. In multilateral treaties such as UN human rights treaties, the Convention itself may specify that a particular number of States must ratify or accede to the treaty in order for it to enter into force. After a treaty enters into force those States that have expressed their consent to be bound by the treaty (through signature, ratification or accession, as the case may be) are referred to as "Parties" to the treaty or "State Parties". Treaty termination and withdrawal Some treaties contain specific provisions on how a States party can terminate or

c


withdraw from the agreement. If a treaty does not contain such provisions, then the Vienna Convention on termination and withdrawal from a treaty will apply. The Vienna Convention grounds for termination and withdrawal include: mutual agreement (Articles 38 and 59); breach (Article 60); supervening impossibility of performance (Article 61); and fundamental change of circumstances (Article 62). Reservations Reservations excuse a State from implementing certain rights in a treaty. The Vienna Convention defines a reservation as, "a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State." Concluding Observation These are observations made by committees that supervise treaties after an examination of a state party report. The Committee examines each report and addresses its concerns and recommendations to the State Party through “Concluding Observations�. General Comments General comments elaborate further on how specific rights can be implemented.

Mechanism This is a way in which treaties can be used properly. The mechanism is usually created by the treaty itself. For example, the Committee on the Rights of the Child is a mechanism created by Article 43 of the Convention. Calendar Events These are national and international days commemorated for specific purposes. Easy Reads Children's rights reading and activity books written in simple English with the rights arranged in clusters of survival and development, protection and participation rights for use by young children in primary school Patron/Matron Someone who protects, champions or supports someone or something such as an institution, a cause or an event.

d


Facilitator A facilitator is a person who manages the process of information exchange. Child Rights Club This is a club formed for the purpose of providing a platform for children to learn about their rights and responsibilities. Constitution This is a set of laws which a set of people have made and agreed upon. Membership The body of members of an organization or group. Children's rights This is a special set of rights for children and young people below the age of 18. Teacher This is a person who provides schooling for others. A teacher is a coach, leader and motivator. Human rights education The teaching and learning of human rights principles and values as contained in international and regional human rights instruments Human rights Instruments International and regional treaties, covenants and conventions that stipulate and enshrine the rights for all people or a particular group or class of people Stakeholder/s All adults such as teachers, parents, education officers and institutions, and organisations that have an interest and/ or role to play in supporting Child Rights Clubs.

e


Reference 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20.

Southern Africa Litigation Centre: International Treaty Obligations in Human Rights. Cases: A Practical Guide. Brownlie, I. "Principles of Public International Law", 5th Ed., Oxford University Press, 2001. Meron, T. "Human Rights and Humanitarian Norms as Customary Law", Clarendon Press, Oxford, 1989 Fact Sheets on Human Rights Treaty Bodies: http://www.unhchr.ch/tbs/doc.nsf Fact Sheets on UN Human Rights Treaty Bodies: http://www.ohchr.org/english/bodies/index.htm Fact Sheets on the African Charter of Human and Peoples Rights and the African Charter on the Rights and Welfare of the Child: http://www.Africa-union.org Guide to Mechanisms for Children's Rights. Child Rights Information Network. Training Manual on Human Rights Monitoring UN Human Rights Treaties: United Nations Treaty Collection/Collection des traitĂŠs des Nations Unies African Charter on the Rights and Welfare of the Child (1999), Organisation of African Unity Annex B: 'Human Rights Based Approach Statement of Common Understanding' The State of the World's Children 2004. UN/DPI Child Rights Club Facilitator's Manual (2008), Zambia Civic Education Association. Lusaka Convention on the Rights of the Child (1990), United Nations General Assembly Popular Education for Human Rights: 24 Participatory Exercises for Facilitators and Teachers (2000), Human Rights Education Associates. Amsterdam/ Cambrigde Service Learning Lesson Plans and Projects (2007), Amnesty International USA- Human Rights Education Associates. Concord Anchor Introduction to Working with Children and Psychosocial Support Facilitator's Manual Child Rights Clubs Facilitators Manual, ZCEA, 2009 Children's Rights in Zambia, A Situation Analysis, November 2005 Spider Tool by Claire Feinstein and Claire O'kane, Save the Children Child Rights Clubs Children's Manual, ZCEA, 2009

f



Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.