State assumed as it is directly responsible for actions of officials undertaken
with public authority that result in violations.
293. The Court observes as noted earlier, that the issue that arises herein is
whether the transfer of children with albinism and their stay at the temporary
shelters was in accordance with their best interest. In this regard, of concern
to the Court is whether the conditions in the shelter were suitable for the
children to enjoy their rights and whether separation of the children from
their families was conducted in a manner that would ensure that the children
could be reunified with their families once the attacks had subsided.
294. The Court notes the Respondent State’s submission was uncontroverted by
the Applicants that the children with albinism were transferred to temporary
shelters to shield them from the attacks that were on-going at the time.
295. The Court acknowledges the Report of the Children’s Committee regarding
a visit to one of the centres as follows:
i.
Most children were brought to the centres without birth certificates and
some parents provided wrong information in order to conceal their
identity which meant they were many children without family linkages;
ii.
The beds and food were severely inadequate; and
iii. There were only a few staff to cater for the children and thus the centres
“did not meet the standard to be habitable for children”.
296. The Court underscores that the best interest of the child requires that
actions taken in relation to children should be conducted with an aim to
ensure their best interests are promoted. The Court notes that the
placement of the children in the shelters without birth certificates and also
wrongful information provided a bottleneck to the future reunification of the
children with their families. The Court notes that the Respondent State’s
officials should have been vigilant to ensure that all the children were
properly documented including information regarding their parents.
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