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129
pregnancy,16 are some of the provisions added by the African Children’s
Rights Charter to the CRC.
The time that lapsed between the starting of the drafting and the
adoption of the African Children’s Rights Charter is only about two
years. This can be seen as being a reasonably short amount of time
especially as compared to the 10 years it took for the drafting of the
CRC. This analysis is reversed when one compares the amount of time
it took for the coming into force of the Charter (9 years) with the
Convention (less than 1 year). There was no ratification of the Charter
in 1990 and 1991, immediately after its adoption. The first ratification
came in 1992 by Seychelles,17 and the 15th ratification, triggering the
coming into force of the Charter, only happened 7 years later, in 1999.18
It is worth recalling that out of the first 20 countries that ratified the
CRC, and led to its coming into force on 2 September 1990,19 only
Sweden is a developed country. Others were developing countries. Half
of the 20 State parties on that list are African countries: Egypt, Ghana,
Guinea, Guinea Bissau, Mauritius, Niger, Senegal, Sierra Leone, Sudan,
and Togo. In addition, the largest number of first signatories of the
CRC, on 26 January 1990, were African countries:20 Burkina Faso,
Gabon, Guinea Bissau Kenya, Mali, Mauritania, Morocco, Niger,
Nigeria, Rwanda, Senegal, and Togo.21 However, most of these African
countries did not show the same level of enthusiasm towards the
African Children’s Rights Charter.
If indeed the Charter reflected the peculiar concerns of African
countries in relation to children, why did it then take 9 years, from
1990-1999, to receive the 15 ratifications needed for the Charter to
come into force? For the purpose of comparison, it is worth noting that
the African Charter on Human and Peoples’ Rights was adopted in 1981
and came into force in 1986, just after 5 years.
There is neither any one answer, nor a way to conclusively identify
the reason(s) for such a delay. However, it is possible, but also
important, to tender a few possible explanations. The short time it took
for the drafting of the African Children’s Rights Charter might have
limited the level of awareness about its existence among States in
Africa. There is anecdotal evidence that some States confused it with
the CRC, and assumed that they have either ratified or are in the
process of ratifying it. Moreover, the extent to which UNICEF22 has
been able to allocate resources to advocate for the ratification of the
16
Article 11(6) of the Charter.
On 13 February 1992.
18
In accordance with article 47(3) of the Charter which states that ‘[t]he present
Charter shall come into force 30 days after the reception by the Secretary-General of the
Organization of African Unity of the instruments of ratification or adherence of 15
Member States of the Organization of African Unity.
19
Article 49(1) of the Convention.
20
See, United Nations Treaty Collection, available at https://treaties.un.org/pages/
viewdetails.aspx?src=ind&mtdsg_no=iv-11&chapter=4&clang=_en
(accessed
10 October 2017).
21
As above.
22
Which is the official custodian of the CRC.
17