Dave Kissoondoyal : « I am not confident that offences limited to the child up to the age of 16 only, will be in the best interests of the child « 

A children’s Bill is going to be presented at the National Assembly shortly. The main object of the Bill is to repeal the Child Protection Act and replace it with a more appropriate, comprehensive and modern legislative framework so as to better protect children and to give better effect to the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child.

While I welcome the establishment of a Children’s Court and the setting up of a Child Services Coordinating Panel, within the Ministry with the responsibility for the coordination of all activities relating to the implementation of the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, I am not confident that offences limited to the child up to the age of 16 only, will be in the best interests of the child as mentioned in Article 3 of the UN Convention on the Rights of the Child, which stipulates “in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

Section 2 interpretation – “child” means a person under the age of 18 which is inline with both the UN Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. Mauritius has signed and ratified both the Convention and the Charter.
However, while the meaning of the child is clear and explicit, i.e. a person under the age of 18, the bill’s Sub-Part II – Protection of Children, section 16. states Causing, inciting or allowing child under age of 16 to be sexually abused
(1) No person shall cause, incite or allow a child under the age of 16 to be sexually abused by another person.
(2) For the purpose of subsection (1), a child under the age of 16 shall be deemed to be sexually abused by another person where he has taken part whether as a willing or unwilling participant or observer in any act which is sexual in nature for the purposes of – (a) another person’s gratification; (b) any activity of pornographic, obscene or indecent nature; (c) any other kind of exploitation by any person.
As a child is under the age of 18 and it is an offence if a person shall cause, incite or allow a child under the age of 16 to be sexually abused by another person, does it mean that it is not an offence if the child is between 16 and 18 years of age?
Similarly, section 19. Child grooming (1) Any person who – (a) having met or communicated with a child under the age of 16 on one earlier occasion – (i) intentionally meets the child; (ii) travels, in any part of the world, with the intention of meeting the child in any part of the world; or (iii) makes arrangements, in any part of the world, with the intention of meeting the child to travel in any part of the world; and (b) at the time he does so, intends to engage in unlawful sexual activity with the child or in the presence of the child during or after the meeting, shall commit an offence. Does it mean that it is not an offence if the child is between 16 and 18 years of age?

The Bill lays little or no emphasis to the following offences:

Children’s Online Privacy Intrusion, where it can be an offence from getting a child’s personal information without a parent knowing about it and agreeing to it first.

Cyberbullying, which includes sending hateful messages or even death threats to children, spreading lies about them online, making nasty comments on their social networking profiles, or creating a website to bash their looks or reputation.

Online sexual predators, which target children online for sexual solicitations

Damaging children’s reputation online by posting, manipulating posts, pictures, profiles in social networks and websites.

Pedophile activities on the internet

Harassment of Children on the internet

Commercial sexual exploitation of children (CSEC) which is a commercial transaction that involves the sexual exploitation of a child, such as the prostitution of children, child pornography, and the (often related) sale and trafficking of children. CSEC may involve coercion and violence against children, economic exploitation, forced labour, contemporary slavery
A declaration of the World Congress against Commercial Sexual Exploitation of Children, held in Stockholm in 1996, defined CSEC as: Sexual abuse by the adult and remuneration in cash or kind to the child or a third person or persons. The child is treated as a sexual object and as a commercial object. CSEC includes child sex tourism and other forms of transactional sex where a child engages in sexual activities to have key needs fulfilled, such as food, shelter or access to education. It includes forms of transactional sex where the sexual abuse of children is not stopped or reported by household members, due to benefits derived by the household from the perpetrator.

Since a Children’s Bill is of paramount importance for the rights of the child and the protection thereof, it is as much important that the bill is brought not only in the National Assembly but discussed thoroughly by all stakeholders including the politicians, civil society, parents, school, socio cultural organisations etc.
Our children —> Our Youth … Our Future.