CHILD PROTECTION: Government plugs legal loopholes

DODOMA: THE government has amended three key legislations to strengthen child protection and safeguard their interests.

The laws were amended through the Child Protection Laws (Miscellaneous Amendments) Bill, 2024 which was presented to the National Assembly yesterday for its second and third readings and subsequently endorsed by Members of Parliament.

The bill proposes amendment in the Cyber Crimes Act, Cap. 443, the Law of the Child Act, Cap. 13 and the Legal Aid Act.

Presenting the bill in the House, Minister for Community Development, Gender, Women and Special Groups, Dr Dorothy Gwajima said the changes seek to address challenges identified during implementation of various provisions of the respective laws.

Under the proposed amendments to the Cyber Crimes Act, Cap. 443, Section 13 is repealed and replaced in order to make provisions relating to child sexual abuse and exploitation offences through computer systems.

The adjustment aims to protect children following the escalation of children sexual abuse through computer system equipment which are mainly used to solicit, or display pornography materials for purposes of soliciting them to engage in sexual activities.

Section 19A has been introduced to make provisions preventing a person from using a computer or computer system to carry out a terrorist act. The section also imposes penalties on the person who violates those provisions.

This change is intended to control and prevent terrorist acts which may be committed through computer or computer systems.

Additionally, Section 49 is proposed to be repealed and replaced in order to make provisions regarding penalties for offences committed by a company or body corporate.

The adjustment is intended to identify how to address crimes committed by a company or corporate bodies and to ensure that the directors of the entities or bodies are legally responsible for cybercrimes committed by such firms or bodies.

Section 50 has been amended to exempt offences relating to child sexual abuse from compounding provisions.

The amendments aim to exclusively bestow courts with powers to punish offences relating to child sexual abuse.

Changes to the Law of the Child Act, Cap. 13 include Section 36 which adds a mandatory requirement for the court to consider social inquiry report from a social welfare officer when issuing costs order for DNA tests to enable the court to reach a fair and enforceable decision.

Section 45 has been amended by introducing requirements for a social welfare officer to prepare social inquiry report to be used in court proceedings regarding parentage, maintenance, custody and access of children.

The change in this section intends to assist the court in obtaining information that will enable it to make a fair decision based on the best interest of the child.

Section 54 has been revised to specify the jurisdiction of the court in handling adoption cases and add Juvenile Courts as among the courts that will handle such cases to increase efficiency and reduce backlog in other courts.

The law also removed the power of courts to allow a child to be taken out of the country during issuance of interim order pending adoption in order to ensure protection for the child intended for adoption before issuance of adoption order by the court.

Section 71A has been introduced to empower the court to revoke an adoption order in the best interest of the child upon application by the parent, guardian, or relative of the adopted child.

Adjustment in Section 74 has been instituted to reduce the period required for a non-citizen who wants to adopt a child to stay within the country from three years to two years consecutively.

Moreover, the duration to foster care a child before adoption is extended from three months to six months. The change in Section 158 has broaden the scope of sexual abuse offences against children.

These amendments intend to ensure protection for children against sexual offences, which are currently on the rise due to the rapid advancement of technology and globalisation.

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The amendment to the Legal Aid Act, Cap. 21 include section 33 which confer upon a magistrate the power of assigning an advocate to a child who is accused of an offence, upon certification that he ought to have legal aid