The relevance of the Hague Children’s Conventions in the African context will be under the spotlight this week and key to discussions will be the Child Abduction Convention and the Inter-country Adoption Convention.
International mobility and the opening up of borders linked to increasing globalisation have given rise to serious risks for children caught up in cross-border situations. On one hand, there is the risk of cross-border trafficking of children for economic, sexual or other exploitation. On the other, there are children caught up in fractured relationships within transnational families, with disputes over custody and relocation, the hazards of international child abduction, and the problems of maintaining contact and enforcing claims for child support across international borders.
Then there is the phenomenon of inter-country adoption. This expanded slowly after World War II until the 1970s, when the numbers increased considerably. By the 1980s, this phenomenon was causing complex social and legal problems in the absence of existing domestic and international regulatory legal instruments. In more recent years, Africa has become the new frontier for inter-country adoption, with the much publicised inter-country adoptions by the likes of Madonna and Angelina Jolie being only the tip of the iceberg.
The general norms that should apply to the protection of children in these cross-border situations in Africa are to be found in the United Nations Convention on the Rights of the Child, 1989 (CRC) and in the African Charter on the Rights and Welfare of the Child, 1990 (African Charter). All African countries have ratified the CRC, while the African Charter has been ratified by 47 African states, including South Africa.
These norms consist of the general principles of the child’s best interest, non-discrimination, and the child’s right to be heard. In addition, there are the more specific principles applicable to cross-border situations, such as the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, and the principles governing inter-country adoption.