ACERWC African Committee of Experts on the Rights & Welfare of the Child Chapter 2 NORMATIVE AND INSTITUTIONAL FRAMEWORK 2.1 Cardinal Principle on Children Rights The United Nations Convention on the Rights of the Child (CRC) is the principal global norm setting instrument on child rights. It has been ratified by all Member States of the UN (including all AU Member States recognized by the UN), except the United States of America (USA).14 The CRC provides for a broad range of rights spanning civil, political, economic, social and cultural rights of the child and includes the four cardinal principles of children’s rights, namely: the best interest of the child,15 right to life, survival and development,16 non-discrimination17and child participation.18 At the regional level, the ACRWC is the foundational instrument for the protection of child rights and welfare. Notably, the ACRWC has been ratified or acceded to by 48 African States.19 To date, February 2019, the African States that have not ratified or acceded to the ACRWC include: Tunisia, Democratic Republic of Congo, Morocco, Sahrawi Arab Democratic Republic, Somalia, South Sudan and Sao Tome & Principe.20 Although the ACRWC shares a lot in common with the CRC, the tenor of the Charter reflects the circumstances of African children, filling in some gaps in the CRC, such as the protection of internally displaced children, protection of the rights of children living under apartheid and protection from harmful social and cultural practices.21 Furthermore, with the process to develop child protection systems at the level of the African Regional Economic Communities (RECs), the ACRWC remains a key instrument. Indeed, while the East African Community (EAC) has developed a Child Policy based on the ACRWC, among others, some regions (e.g. ECOWAS and SADC) are currently purusuing efforts to develop protection mechanisms at the REC level, such process are at an early stage. The ACRWC also provides for the four foundational principles of child rights mentioned above as well as a comprehensive list of rights, spanning all three conventional generations of rights. The Charter is also unique in its provision of the duties of the child.22 Likewise, the ACRWC, though it does not specifically mention children on the move as a broad category, it has provisions, under article 23, which directly address the situation of some categories of children, such as refugee children, which also apply, mutatis mutandis to internally displaced children. 14 15 16 17 18 19 20 21 22 16 The USA has signed the CRC but not ratified it. For the full list of ratifications, see <http://indicators.ohchr.org> (Last accessed on 3rd March 2018). Art 3 of the CRC. Art 6 of the CRC. Article 2 of the CRC. Arts 12 of the CRC. See List of Countries Which Have Signed, Ratified/Acceded to The African Charter on the Rightsand Welfare of the Child as at 15 June 2017 https://au.int/en/treaties/african-charter-rights-and-welfare-child accessed 1 August 2018. As above. See generally, Lloyd A, ‘The African Regional System for the Protection of Children’s Rights’ in Sloth-Nielsen J (ed) Children’s Rights in Africa – A Legal Perspective (2016). Art 31 of the ACRWC.