has come to be recognised as the principal treaty dealing with children on the
African continent. By December 2015, it had been ratified or acceded to by 47 AU
member States.
The Children’s Charter’s almost universal acceptance as the foremost
treaty framework was a gradual process. The milestone of its entry into force,
which required ratification by 15 States, was reached after about a decade, on
29 November 1999. By the end of the first decade (1990-1999), 16 States had
become party to the treaty; by the end of the second decade (2000-2009), another
29 States had been added; in the last five years (2010-2015), only two States
joined. The advent of the new millennium, in 2000, saw the largest number – six
States – ratifying in a single year. The accelerated acceptance by States at the time
coincided with the transition of the Organisation of African Unity (OAU) into the
African Union (AU). The seven States that are not yet State parties have at least
signed the Children’s Charter. By signing the Charter, they have shown that they
are prepared to align themselves with its object and purpose.
The adoption of the African Children’s Charter’s and its subsequent level
of acceptance irrevocably changed the basis on and the way in which continental
organs and member States deal with children. Under the Children’s Charter,
children are no longer viewed as objects of concern and sympathy, but are accepted
as autonomous rights holders. This understanding of the child, particularly the
girl child, has been resisted by forces of patriarchy and those holding deep-seated
traditional views about the child’s subservient position in society. While some
conceptual contestation continues, the Charter has set the continent on a constant
course of growing acceptance of the independent personhood of children.
Together with the shift in the discourse towards accepting children as rights
holders came the recognition that States bear the duty to uphold these rights.
Accountability of the State – in the form of the current government – is based on
the synergy between rights holders and duty bearers. The Children’s Charter has
given us a continental basis for State accountability to uphold the independent
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