personhood of our children.
By 2015, four States had entered reservations in respect of the African
Children’s Charter. Botswana does not consider itself bound by article 2, which
defines the child with an inflexible upper age limit of 18, differing from the more
flexible approach of the United Nations (UN) Convention on the Rights of the Child
(CRC). Sudan does not consider itself bound by article 21(2), which calls for the
abolition of child marriage, and further made reservations in respect of the right to
education of pregnant girls (article 11(6)) and to privacy (article 10). Egypt entered
reservations in respect of adoption and the rights of the children of imprisoned
mothers (articles 24 and 30 respectively). Mauritania entered a reservation in
respect of freedom of religion (article 9). On matters related to procedure, Egypt
entered a reservation concerning the competence of the African Committee of
Experts on the Rights and Welfare of the Child (African Children’s Committee)
under article 44 to receive communications, and to conduct investigations under
article 45(1). Of these four States, all of whom State parties to both the African
Children’s Charter and the CRC, three (Botswana, Egypt and Mauritania) made
reservations under both treaties, reiterating their reservations under the CRC
when becoming party to the African Children’s Charter. Egypt has subsequently
withdrawn its reservation under the CRC. While a greater number of African States
initially entered reservations under the CRC, by 2015, Djibouti, Egypt, Mauritius
and Tunisia (to a large extent) had withdrawn these, leaving only the following
States with reservations under the CRC: Botswana, Mali, Mauritania, Somalia and
Tunisia (albeit only in limited form).
In terms of the African Children’s Charter, the African Children’s Committee,
consisting of 11 members, has been created as supervisory body to monitor
States’ implementation of its provisions. Reflecting the mandate of the African
Commission on Human and Peoples’ Rights (African Commission), the Children’s
Committee performs its supervisory function by examining State reports, by
considering individual communications and by undertaking investigations. In this
respect, the African pendant provides for more intrusive monitoring, compared to
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