4
9.
The Complainants also allege a violation of the rights enshrined in Articles 16 or
27 by the Government of Uganda. These allegations include that UPDF soldiers were
involved in sexual exploitation, and in few occasions they either facilitated or did not
take appropriate action in relation to the sexual abuse of children in the region that was
affected by the armed conflict.
10.
In sum, the Complainants allege a violation of five of the so-called “six grave
breaches” which are the recruitment and use of children, sexual violence against
children, the killing and maiming of children, the abduction of children, and attacks on
schools and hospitals, in contravention of applicable international law, in particular the
African Children’s Charter.
The Complaint
11.
The Complainants alleged that a number of rights of children in Northern Uganda
that are guaranteed in the African Children’s Charter were violated as a result of the
action or omission of the Government of Uganda. It should be noted that these rights
include protection of children from being involved in armed conflict in Article 22; the right
to education in Article 11; the right to life, survival and development in Article 5; and the
right to enjoy the best attainable state of physical, mental and spiritual health in Article
14; and the right to be protected from sexual abuse and violence in Articles 16 and 27.
Procedure
12.
In 2005, the Secretariat of the African Committee of Experts on the Rights and
Welfare of the Child (African Committee) received a Communication brought by Michelo
Hunsungule and Others (the Complainants) on behalf of children in Northern Uganda,
against the Government of Uganda. This same Communication was updated and
submitted in 2010.
13.
Notably some time has elapsed since this Communication was lodged in 2005.
The reasons for this delay are mainly technical, prime of which is the fact that the
Communication was lodged before the African Committee adopted its Guidelines for the
Consideration of Communications, and as a result, few years lapsed before the African
Committee was fully engaged with the matter. Once the Guidelines were adopted, there
was a need to re-submit the Communication in a manner that complies with the
Guidelines, which the Complainants have done so.
14.
Subsequently, the consideration of the admissibility of the communication had
been planned for the 15th session of the African Committee, but the Complainants
requested on 23rd February 2010 that the Committee postpone the consideration of the
admissibility to allow them with time to submit documentation in both English and
French. During its 15th session the Committee agreed to postpone the consideration of
the communication until its next session in order to allow the authors to submit the
translated documents. A letter was sent to the Complainants on 30thJuly 2010 informing
them that the Committee postponed the consideration of the admissibility of the
Communication to its 16th session.