(2017) 1 African Human Rights Yearbook
143
There still remain 11 State parties with overdue reports,99 and Central
African Republic’s initial report will be due in August 2018.
While the Rules of Procedures of the Committee make provision for
the consideration of the situation of children’s rights in a State party in
the absence of a State party report, the Committee seems to have
preferred not to invoke such a rule but rather engage and support State
parties to report. Such an approach is reflected in the most recent AU
Executive Council report, in which it asked the Committee to continue
to support the efforts of State parties that have not reported to enable
them to report.100
To date, the great majority of reports submitted by States are of
good quality and the engagement during the constructive dialogue has
often been composed of high level and multi-sectoral members of
delegation. The submission of complementary reports by CSOs has also
informed both the dialogue as well as the contents of concluding
observations. What is in need of further improvement include an
engagement with national human rights institutions around reporting
and follow up, consolidation of the method and process of the follow up
to implementation of Concluding Observations conducted by the
Committee, as well as the extent to which the recommendations
contained in concluding observations are focused, actionable, and to a
certain extent prioritised.101 While the Committee has already
undertaken measures to reduce the reporting fatigue by States,102 it
would also be worthwhile to explore the advantages and disadvantages
of aligning the timing for periodic reports from every three years to
every five years.
5.2
Individual complaints and investigative missions
Probably by design, the first three individual complaints decided on
their merits by the African Committee have focused on issues on which
the African Children’s Rights Charter has added normative value.103
99
Botswana, Burundi, Cape Verde, Djibouti, Equatorial Guinea, Gambia, Guinea
Bissau, Mauritius, Seychelles, Swaziland, and Zambia. In 2014, the Executive Council of
the AU ‘[w]elcomed 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
and URGES the 7 Member States who have not yet ratified the Charter, to expedite their
ratification process for possible completion on or before the end of 2015’. See 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.
100
EX.CL/Dec.977 (XXXI) Decision on the Report of the African Committee of Experts
on the Rights and Welfare of the Child Doc.EX.CL/1033(XXXI) (2017).
101
‘Prioritization’ does not mean making a hierarchy between rights, but rather
identifying and labeling few recommendations as in need of urgent attention.
102
Such as indicating in its guidelines for reporting that States that have submitted a
report to the CRC Committee, can use the elements of the same report and submit to the
African Committee by highlighting the specificities of the African Children’s Rights
Charter.
103 Table of cases available at http://www.acerwc.org/communications/table-ofcommunications/ (accessed 10 October 2017).
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