5
15.
A note verbal was also addressed to the Respondent State to present its written
arguments on the Communication to allow the Committee to consider the
Communication. The Respondent State submitted its written arguments both on
admissibility and the merits of the Communication.
16.
In addition, the Committee extended an invitation to both the Complainants and
the Respondent State to make oral arguments before the Committee. Both the
Complainants and the Respondent State (a high level delegation led by the Minister of
Youth) have presented their oral arguments before the Committee during the 18th
Session of the African Committee held in Algiers, Algeria in November 2011.
17.
After the oral arguments, the Respondent State kindly invited the African
Committee to undertake an investigative mission to Uganda, in particular to Northern
Uganda in order to assess the current, but also past situation on the ground (then
current situation on the ground and also the situation of the past). By Note Verbal Ref
XC/AD/27/12 dated 21st May 2012, the Republic of Uganda has officially authorized the
ACERWC to undertake the visit. The mission, which lasted a week, was conducted in
February 2013, and the African Committee had the opportunity to meet and discuss with
a number of Government officials, civil society organizations, the Uganda National
Human Rights Commission, UN agencies, and other stakeholders who were able to
provide information relevant to the Communication. The African Committee is grateful
for the manner in which the Respondent State facilitated the investigative mission into
the country.
Admissibility
decision
18.
The Communication is submitted pursuant to Article 44 of the African Charter on
the Rights and Welfare of the Child which allows the African Committee to receive and
consider communications from “any person, group or nongovernmental organization…”.
The Guidelines for the Consideration of Communications provides, under Chapter II
Article 1, that the admissibility of a communication submitted pursuant to Article 44 is
subject to seven conditions relating to both Form and Content.
19.
The African Committee, after a detailed consideration of the Communication, has
decided on the Form and Content of the Communication for the purposes of
admissibility.
20.
On the issue of Form, the Communication at hand is not anonymous, is written,
and the authors have stated that the Communication is against the Republic of Uganda,
which has ratified the Charter on August 17, 1994. As a result, the Committee declares
the Communication is compliant with the Form as provided in the Guidelines.
21.
Content wise, it is clear from the record that the Communication is related to the
alleged violation of a number of rights of children that are affected in the context of
armed conflict in Northern Uganda. While the Communication refers to information
circulated by the media, it uses such information in a supplementary manner to support
some of the arguments, and does not exclusively rely on such information. As a result,
the Committee is of the view that the Communication is not based exclusively on