country is considered State Party to the Charter, and when an initial report should be
submitted after ratification. Question were also raised with regards to the kinds of
challenges the ACERWC faces concerning reporting of States and the standards of the
ACERWC on State Party reports including collection of data and statistics.
In response to the questions raised, the Secretariat of the ACERWC first indicated that
a country is considered to be a State Party once it deposits its ratification instrument in
the African Union Commission (AUC). Upon ratification, a State Party is obliged to
submit its initial report to the Committee in two years and every three years afterwards.
The Secretariat informed the Forum that the Committee has allowed the submission of
combined reports and also for States to use the report they submitted to UNCRC by
contextualizing it to the Charter.
Concerning challenges, it was underlined that lack of deposition of the ratification
documents in the AUC and lack of reporting to the Committee while submitting reports
to the UNCRC are challenges the Committee is facing. Regarding the issue of the
support available to States, the Secretariat highlighted that as a matter of priority States
should allocate budget to the process of reporting to the Committee, but that supports is
also available from UNICEF and other organizations. It was also emphasized that the
Committee engages with other human rights organs to enhance ratification and report
including the African Governance Architecture Platform to which all human rights organs
are a member. The Committee also has a joint task force with the UNCRC. It was finally
mentioned by the Secretariat that, reservations remain until a country withdraws its
reservations despite the Committee pronouncing that certain reservations are against
the objective and purpose of the Charter.
7. Relevance of State Party reporting
This session was conducted through group discussions (two Anglophone and two
Francophone). The Facilitator raised the following questions to guide the group
discussions:
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Why do countries report and others don’t?
Why do countries make reservations?
How does a state party benefit from reporting? Why should we invest in reporting?
What are the introspection aspects in your country?
How does State Party report help in the protection and promotion of children’s
rights?
Following the group discussions, each group presented their findings on the
discussions.
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