ACERWC African Committee of Experts on the Rights & Welfare of the Child Best Interests of the Child The Committee notes with satisfaction the recognition of the right to participation of children, in particular, in the field of juvenile justice, by the Government of the Republic of Uganda. However, it regrets that this right is not clearly recognized in the national legal instruments. This poses some problems when taking into account the best interests of the child and for the children to become more engaged on issues affecting their survival and development. Recommendations and Observations sent to the Government of the Republic of Uganda by the African Committee of Experts on the Rights and Welfare of the Child on the Initial Implementation Report of the African Charter of the Rights and Welfare of the Child 2.2 Education The CRC under Article 28 places an obligation on states to recognize the right of the child to education and to progressively achieve the right on the basis of equal opportunity. Thearticle also requires that states provide compulsory primary education that is available free for all. Similarly, the ACRWC under Article 11(1) provides that ‘every child shall have the right to education’ in addition, ACRWC’s Article 11(3) requires states to take all appropriate measures with the aim to attain the full realisation of the right to education and in particular, among others provide free and compulsory basic education. Unlike the CRC, the ACRWC under Article 11(3)(e) places an obligation on states to put in place special measures in respect to female, gifted and disadvantaged children, to guarantee ‘equal access to education for all sections of the community.’ This provision is of particular importance considering that many children on the move are disadvantaged by the myriad of challenges that they face in the country of origin, transit and destination. As noted by the Committee on the Rights of the Child in General Comment No. 14, access to education is in the best interest of the child.66 The Committee points out that all decisions on measures and actions that touch on a particular child or a group of children must adhere to the best interests of the child principle, in respect to education.67 All children within the jurisdiction of particular state, including those with undocumented status are entitled to the right to education. The African Commission on the Human and Peoples’ Rights in its Resolution on the Right to Education urges states to provide high quality and appropriate educational programmes that serve the needs of all segment of the society, and in particular girls, vulnerable children such as refugee children, migrant children, children with disabilities and internally displaced children.68 Particularly, children within the context of international migration should be granted full access to all levels of education on the basis of equality with nationals of the country where they are living.69 The ACERWC observed that the compulsory aspect of education requires ‘states to take positive measures to ensure that all children are enrolled in school.’70 The ACERWC also pointed out that education should be available, acceptable, accessible, and adaptable to all children.71 66 67 68 69 70 71 General Comment No. 14 (n 41 bove) Para 79. As above. Resolution on the Right to Education in Africa ACHPR/Res. 346 (LVIII) (2016) available at http://www.achpr.org/sessions/58th/resolutions/346/ (accessed on 08 February 2019). Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child, Para 59, available at https://www.refworld.org/docid/5a12942a2b.html (accessed on 08 February 2019). Minority Rights Group International and SOS-Esclaves v Mauritania (n 29 above) para 73. Minority Rights Group International and SOS-Esclaves v Mauritania (n 29 above) para 74. 26