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{
    "id": 1237334,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1237334/?format=api",
    "text_counter": 97,
    "type": "speech",
    "speaker_name": "Seme, ODM",
    "speaker_title": "Hon. (Dr.) James Nyikal",
    "speaker": null,
    "content": " Thank you, Hon. Speaker, for giving me this opportunity to contribute to this Motion. I rise to support the Motion on the ratification of the Hague conventions relating to matters of children. These are very important conventions. First, they are in line with the United Nations (UN) Convention on the Rights of the Child, which this country has ratified. As per our Constitution, any law or treaty that we ratify becomes part of our law. It is important because children move a lot, particularly with their parents. Sometimes in circumstances where there are differences within a family, the child moving may be considered to have been abducted. Sometimes children move with their parents and one parent abandons the children. Sometimes there are civil disruptions and children move alone. Therefore, it becomes very important that we have internationally agreed ways of handling children. Hon. Speaker, I support this Motion because these conventions are in three parts. The first part deals with the movement of children and how they will be handled when they move from one place to another, or if a parent has moved with a child, or if a parent has moved and left a child behind. When a child has been moved from their usual area of habitation, there is need to know how he or she can be returned to his or her home. There are many laws in different jurisdictions such that it becomes very difficult to move children and go through all the procedures. Therefore, the first convention that deals with abduction gives provisions, so that children can be removed and returned to their habitual residences in an orderly manner, across various jurisdictions. This is so that those involved, whether they are parents or Government officers, do not have to go through different complex jurisdictions. That part also deals with criminalisation of moving and detaining children in areas where they do not normally reside, or without the concurrence of one or both parents. The second convention deals with various laws. What methods do we use? Sometimes children may end up in private institutions like children’s homes. Others may have been fostered, while in some cases, others may be adopted. Therefore, we need to know how to deal with such scenarios. As I said earlier, there are different laws in different countries and, therefore, we need a law that is universally agreed on, so that people who deal with these matters can handle children without any problem. It is vital, especially if there are parental disputes and one parent wants to move with the children while the other parent does not. Eventually, it turns into abduction. Sometimes children are unaccompanied, yet they are minors. How do you deal with them? That convention gives provisions for dealing with cross- border issues. The other part that I find extremely useful is how to enforce parental responsibility and child maintenance. When a child has been moved, or a parent has moved, what is the responsibility of that parent in terms of maintenance of the child? These conventions have covered everything that we really need to look at in terms of children. Once this is ratified, we will be bound by it. It will be an obligation on all Government officers, including children officers to deal with these issues. The judiciary and the office of the Attorney-General are responsible here. This Treaty will ease the issue of handling children across different jurisdictions."
}