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at accelerating ratification and reporting.25 A theme of the Day of the
African Child (DAC) focussing on the same topic has also been
commemorated in 2015. It is hoped that all these and other efforts
would bring about a universal ratification of the Charter in the
foreseeable future.
It still begs the question, if indeed, the African Children’s Rights
Charter is an African fingerprint on children’s rights, why then is there
not a universal ratification after 18 years of the coming into force of the
instrument? Why was it a challenge for Somalia and South Sudan, the
two countries that ratified the CRC more recently, to undertake a
parallel ratification process for the African Children’s Rights Charter?
Why is Tunisia, whose government announced in 2013 that it will ratify
all AU human rights instruments, taking too long to ratify the Charter?
Ratification of the Charter without reservations is also critical for
the enjoyment of all the rights in the Charter by all children. African
countries, in general, are not known for the practice of entering many
reservations to both regional and international human rights treaties.
It is therefore no surprise that the number of countries that entered a
reservation to the African Charter is limited. These countries are
Botswana (reservation on Article to on the definition of a child),26
Egypt (reservations on child marriage,27 adoption,28 children of
imprisoned mothers,29 and on the mandate of the Committee to receive
communications and undertake investigative missions30), Mauritania
(on the right to freedom of religion),31 and Sudan (on the right to
privacy,32 on the education of children who fall pregnant,33 and child
marriage34).
While the number of reservations entered by State parties is
relatively small, it is notable that the majority of the reservations
entered by the four State parties can be considered to be far reaching,
thereby placing serious limitations on the enjoyment of rights under the
Charter. In fact, some of these reservations appear to be against the
object and purpose of the Charter. For example, Botswana’s reservation
challenges the very core, scope of application, as well as added value of
the Charter. Moreover, Egypt’s reservations to articles 44 and 45 of the
25
In EX.CL/Dec.843(XXV) Decision on the Report of the African Committee of
experts on the Rights and Welfare of the Child – Doc. EX.CL/858(XXV), para 3, the
Executive Council of the AU ‘Welcomed the Committees campaign on the Universal
Ratification of and Reporting on the implementation of the African Charter on the
Rights and Welfare of the Child which builds towards the 25th anniversary of the
adoption of the Charter in 2015.
26
Article 2 of the African Children’s Rights Charter.
27
Article 21(2) of the African Children’s Rights Charter.
28
Article 24 of the African Children’s Rights Charter. Notably a similar reservation
that the government of Egypt entered into in the CRC has already been withdrawn.
29
Article 30 of the African Children’s Rights Charter.
30
Articles 44 and 45 of the African Children’s Rights Charter.
31
Article 9 of the African Children’s Rights Charter.
32
Article 10 of the African Children’s Rights Charter.
33
Article 11(6) of the African Children’s Rights Charter.
34
Article 21(2) of the African Children’s Rights Charter.