Mapping Children on the Move within Africa CHAPTER 8 CONCLUSION This Report affirms as has other studies that there are millions of children on the move within Africa. While there has been little focus on migration of children within Africa, the study reveals that they face significant challenges and human rights violations in breach of the African Charter on the Rights and Welfare of the Child and other international children’s rights instruments. The study confirms that movement of the children is necessitated by various factors most of which are preventable and can be mitigated by state action. As children move to escape some of the drivers that drove them from their homes in the first place they encounter even greater challenges and endure violation of the human rights. The study also reveals that there are several legal and institutional mechanisms at the continental and domestic level that are available to vindicate children rights including children on the move. However, some of these avenues are either inadequate or due to the migrant’s status as well as the children’s vulnerability are either out of reach or unavailable. The ACERWC reiterates that children on the move are entitled to their fundamental rights and freedoms as guaranteed under the ACRWC, CRC and other international and regional human rights standards irrespective of their migrant status. It notes and underscores that Member States have an obligation to respect, protect and fulfill the rights of children on the move and treat them primarily as children. Where there is no legislation and policies to protect children on the move, Member States should put in place such legislation and policies or clearly extend the current legislation relevant to children nationals to also cover children on the move. Importantly, in enacting legislation, policies and programmes that protect or affect the rights of migrant children, Member states should take into consideration the four cardinal principles enshrined in the ACRWC and the CRC, namely; non-discrimination, best interest of the child, the right to life, survival and development and child participation. Importantly Member states should appreciate and take into consideration the peculiar challenges faced by children on the move and should avoid to employing a one size-fits-all approach in addressing the challenges. The ACERWC stresses that Member States and other stakeholders should always seek to disaggregate data on various categories of migrants and particularly specific categories of children on the move. For instance, disaggregation of data based on age, sex, states of origin, whether or not the children are accompanied or unaccompanied. This will be instrumental in the development of sound and relevant laws, policies and programmes to address the plight of children on the move. Finally, the ACERWC further stresses that Member States should treat the situation of children on the move as a child protection issue and view children on the move foremost as children regardless of their status and to take all necessary measures to protect children on the move in their respective territories. 93