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Her Majesty Queen launches Child Welfare and Protection ACT 2011

The nation's dream came true when the long awaited Child Protection and Welfare Act No 7 of 2011 was officially launched by her Majesty Queen ‘Masenate Bereng Seeiso at the ceremony held at Maseru club on Friday August 5, 2011. The launching marked a peak of the big task that started 10 years back in 2001 when the first draft of the Bill was then developed.


Queen Masenate said the Act marked the birth of history of the rights of the Mosotho child. She said the Government therefore repealed the former Child Protection Act of 1980 that only focused on children who are in conflict with the law and was silent about other challenges that face Orphans and Vulnerable Children (OVC).


Caption: Her Majesty Queen Masenate blowing the baloons. On the right Queen Masenate launch the Act

 

The theme of the launch was “our country cares: we are a caring and a responsible nation” which reveals the Country’s awareness of various problems facing children of our time especially OVC and establish structures and systems to address children’s challenges.


Speaking at the same occasion, the Minister of Health and Social Welfare Dr. Mphu Ramatlapeng said her Ministry will have to change Social Welfare policy in order to transform the Department of Social Welfare to be a Social Development unit to be able to execute this law effectively.


Dr. Ramatlapeng said efforts to transform the Ministry have started with deployment of specific Principal Secretary of Social Welfare Mrs. Selloane Qhobela to spearhead the process.


She thanked UNICEF Lesotho for taking the leading role in supporting the success of the enactment of this Act and all donors and stakeholders who directly or indirectly contributed to this historical achievement.


The Minister of Justice and Human Rights Mrs. Mpeo Mahase – Moiloa said this Act took long time because it is different and unique from other Acts as it only focuses on children while other laws are more focused on adults.


“This Act borrowed from international laws such as UN Convention on the rights of the child and other international and local laws but also taking into consideration Basotho culture and identity,” she added.


The former Act of 1980 was out dated and had loop holes where other children’s problems of our time were not addressed in the former law. She added that the country has learnt so much during the formulation of the new law.


“Our role now is to ensure the community at large is all aware of the new law,” she said. Other people claim that this law gives children too much rights that are harmful for their wellbeing but she assured all that this law will not temper with guardians who do not abuse children and only focus to criminals that offend children’s rights through rape, property grabbing, child neglect, denies children right to education and others types of child abuse.


Minister Mahase-Moiloa mentioned that the objective of this law is to offer full protection to children with more focus on the principle of the best interest of the child’. This principle, she said, talks to all guardians on whatever decision they make on their children should be on the best interest of the child.


She said the law also gives children’s rights to speak for themselves on decisions that involvethem. This Act is not only focusing on rights alone but also responsibilities of the child i.e if the child is afforded right to education, it means he/she has to study hard and pass her exams etc.


The Act is however ambitious piece of legislation that is too costly to implement as it recommends establishment of different new structures to protect the welfare of children such as formation of children’s court to ensure child friendly court processes and introduce diversion and restorative justice to ensure minors are not imprisoned but serve their sentences out of jail.


The law provides regulations for adoption and fostering of children, administration of the property of children by office of the Master of the High Court office, protect children from abduction and trafficking, provide protection for child in need of care and protection, and responsibilities of the guardian and state to ensure child protection throughout the country.


The launching was attended by Cabinet Ministers, representatives from United Nations (UN) family, senior government officials, Lesotho Mounted Police Services (LMPS), civil society, children from Juvenile Training Centre (JTC), children’s home and other stakeholder who have stake in child protection issues.


 
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