The presentation, "Toward full implementation of the Child’s Rights Law 2008: A Law to ‘provide and protect the Rights of the Child in the State’" is the author's original work. The month of June this year marks the 11th anniversary of Benue State Child's Rights Law, enacted in November 2008 and gazetted on 18 November 2009. This year the UN has celebrated the 30th Anniversary of the UNCRC with fanfare since early this year; not so with Nigeria or Benue State, specifically. The objectives of this presentation are, to: • Highlight and discuss provisions of the Benue State Child’s Rights Law 2008; • Identify implementation gaps that require to be addressed; and, • Provide a context for reflection on policy options for better protection and safeguarding of children. This presentation is a contribution toward better protection of the Nigerian child and better performance of Social Service in Nigeria. In 2018 CORAFID responded to the Call to Action by the Global Social Workforce Alliance (GSSWA). The call was for stakeholders to play their part toward strengthening the Social Service Workforce to Better Protect Children and Achieve the SDGs. CORAFID is one of 35 organisations that signed up to the Call. Nathaniel is Executive Facilitator of Civil Organizations Research Advocacy and Funding Initiatives Development (CORAFID), a non-profit organization based in Benue State, Nigeria.

1. Toward full implementation of the
Child’s Rights Law 2008:
A Law to ‘provide and protect the
Rights of the Child in the State’
Author:
Nathaniel Msen Awuapila, FSPSP, FIIM, FIMC, CMC
Executive Facilitator CORAFID

2. Objective & Expected Outcome
Objective:
• To highlight and discuss provisions of the Benue
State Child’s Rights Law 2008; and,
• Identify implementation gaps that require to be
addressed;
• To provide a context for reflection on policy options
for better protection and safeguarding of children.
Expected outcome:
• Participants will discuss and appreciate CRL
provisions on adequate protection of children’s rights.
• Participants will determine ways to strengthen
collaboration toward the full implementation of CRL.

3. BACKGROUND
1.This year marks the 30th anniversary of the UNCRC, 16th
anniversary of CRA 2003, and 11th anniversary of BNS CRL
2008. The UN has celebrated their achievements with fanfare
since early this year; not so with Nigeria or Benue State,
specifically. Why?
2.The words of Mohamed Malick Fall, UNICEF Rep in Nigeria:
“This convention (UNCRC)…sets out the special care and
protection that children require – reminding the world that
children have human rights too – and it protects children’s
rights by setting standards in health care; education; and
legal, civil and social services…It is in everyone’s interest to
see the rights of Nigerian children fully implemented. For it is
only through the full realisation of children’s rights that
Nigeria can fully realise its potential.”

4. BACKGROUND
This presentation is a contribution toward better protection of the Nigerian child and better
performance of Social Service in Nigeria. In 2018 CORAFID responded to the Call to Action
by the Global Social Workforce Alliance (GSSWA). The call was for stakeholders to play
their part toward strengthening the Social Service Workforce to Better Protect Children and
Achieve the SDGs. CORAFID is one of 35 organisations that signed up to the Call.

5. Introduction
• The Benue State Child’s Rights Law 2008 (hence CRL) was
enacted as a ‘Law to provide and protect the Rights of the
Child in the State and for purposes connected therewith.
• The Law was passed on 18th November 2008, and
gazetted 4th June 2009 [Gazette No. 23, Vol. 34].
• The Law, however, provides that “Any provision in any
other law securing the protection of the child (whether
born or unborn) in criminal matters shall continue to apply
for the protection of the child under this Law [Art. 38].”
• Note that children constitute about 50% of the Benue
population of 4,253,641 (as at 2006) which was projected
to rise to 5,614,066 by 2015 [NPC, 2006, FRN Gazette Vol
94 Jan 2007 & Vol 96 Feb. 2009]

6. Scope of children’s rights
• CRL Art. 6-20 describe the rights
and scope of rights of children:
– In addition to rights recognized by
CRL, Art. 21 recognizes that children
have responsibilities;
– Art. 22 recognizes that parents,
guardians, institutions, have a right to
provide guidance to children.

7. Summary of key provisions - 1
• The Law identifies children as persons aged 0-17
years; these are also called rights holders;
Adults, who are persons aged 18+ years are duty
bearers.
• The law provides the principle of best interest of
the child (Art. 3);
• It establishes that a child shall be given a certain
quality of protection and care necessary for the
well-being of the child;
• It provides that duty bearers shall conform with
standards established by appropriate authority
(Art. 4[1-2]);

8. Summary of key provisions - 1
• It adopts Chapter IV of 1999 Constitution
which provides for fundamental rights of
citizens;
• Thus, like the rest of citizens, children are
entitled to: right to life (Art. 33); right to
personal liberty (Art. 35); right to fair hearing
(Art. 36); right to freedom of movement (Art.
41); Freedom from discrimination on the basis
of “ethnic group, place of origin, sex, religion
or political opinion (Art. 42).”
• A summary of provisions of the CRL follow
below:

10. A Further breakdown of key provisions

16. A closer look at role assignments and
matters of procedure under the Law - 1
• Art. 39-47, provides for procedure for protection of
children especially on matters of child assessment,
emergency protection.
• Art. 48-50, identifies children in need of care and
protection and ways to initiate support for them.
These include: orphans, neglected, destitute,
beggars, found with or involved with criminal
elements, staying with prostitute or vulnerable to
being involved in prostitution, etc.
• Art. 61-65, provides for use of scientific tests to
determine paternity or maternity;

17. A closer look at role assignments and
matters of procedure under the Law - 2
• Part VIII, Art. 66-79 establishes a procedure for acquisition of
parental responsibility, especially where parents of a child gave
birth to a child while still unmarried.
• Part XIII, Art. 147-155 provides for establishment of the Family
Court;
• Art. 156-178, provide for child minding and day care services
for children, and support for children in need of care by State
Government.
• Art. 179-196, provide for community homes, voluntary homes
and voluntary organisations, registered children’s homes, and
supervision duties by SMWASD.
• Art. 197-250, provide for child justice administration,
supervision, and establishment as well as operation of
approved institutions and post-release supervision, etc.
• Art. 251-257, provides for establishment and functions of the
SCRIC and LCRIC and related matters (which is that….)

18. GAPS IN IMPLEMENTATIN OF THE CRL -1
1. Inadequately functional child rights implementation
committee (SCRIC, LCRIC in 23 LGAs of the State)
2. Non functional family court
3. Lack of awareness about existence of the CRL and
unavailability of the CRL
4. Lack/inadequate child correctional centre,
community homes, child friendly structure,
children’s residential centre, caregiver centres and
emergency centres
5. Inadequate provision for children at risk and weak
coordination of care services e.g. place of refuge for
children at risk; referral pathways in the event of
abuse, exploitation, neglect

19. 1. Weak data about child protection trends and
issues in the State
2. Weak coordination and collaboration between
MWASD and ministries, departments and
agencies (MDAS) and CSOs working on child
protection
3. Inadequacy of number of staff in social
workers, and capacity issues
4. Inadequate funding for child protection services
and lack of budget for child protection-specific
services, interventions.
GAPS IN IMPLEMENTATIN OF THE CRL -2

20. Concluding remark
• It is still difficult to comprehend that the Family
Court should remain inactive in Benue State
after all the support from UNICEF, UNODC, EU,
USAID.
• The coordination capacity of the SMWASD
requires to be supported significantly.
• Civil Society must understand that the
responsibility to protect children, like any other
citizen, is that of Government. We should
support Government to play this role rather
than try to usurp the mandate, because the Law
will frown at you.

21. Thank you!
CORAFID 2019©