148
Mezmur/18th birthday of the African Children’s Rights Charter
left behind such as children living in poverty, children deprived of their
family environments, children affected by armed conflict, children
subjected to harmful practices, children with disabilities, and
indigenous children.
Substantively speaking, there still remain a number of provisions of
the Charter whose application to issues of great significance today
needs to be clarified. Some of these issues have been around for years,
while others are emerging issues. In relation to the latter, challenges
created as a result of the advancement of technology, climate change,
migration crisis, health emergencies (such as Ebola), terrorism (such as
the so-called Islamic State and its effect on children’s rights) and
responses to it, privatisation and increased globalisation, as well as
economic crisis (including the current fall on commodity prices) which
often lead to austerity measures need to benefit from a robust
interpretation of the provisions of the Charter. As shown above, there
are also issues that need further guidance in relation to definition of a
child, child marriage, and children and armed conflict.
The sustained success (or lack thereof) of the Charter also hinges on
the extent to which its provisions are able to stimulate efforts for
institutional reforms. This includes institutional reforms for improved
data collection, coordination, budgeting, as well as concerted efforts by
and engagement with national human rights institutions and CSOs.
Ongoing work by the African Committee on a draft General Comment
on general measures of implementation and systems strengthening
holds potential to give States detailed guidance on some of these
important institutional reforms.
Inevitably, the extent to which States manage to create synergy
between the Charter and their efforts to achieve the 2030 Agenda for
Sustainable Development will be critical. Indeed, breaking the silos
between those working in human rights and those in development is
apposite to make progress on issues such child protection, early
childhood education and reducing inequality. The themes for the DAC
in 2017 and 2018 that are focused on the SDGs are indeed a welcome
platform to contribute to achieving this link, and positive synergy.
The core work of the Committee in relation to State party reporting,
individual complaints and investigative missions is on a positive
trajectory. Moreover, the activities around the DAC, issuing general
comments, conducting studies, and the granting of observer status are
important catalysts for the implementation of the Charter. Critically
important, the prospect of the Committee having direct access to the
African Court through an amendment of the Court Protocol, a process
that has officially been triggered by the Court in 2017,129 holds a lot of
potential to improve the protective mandate of the Committee.
Engagement with relevant AU organs, such as the Peace and Security
Council needs to be strengthened. These notwithstanding, unless the
budgetary allocations for the Committee significantly increase beyond
129
Advisory Opinion, Request 2/2013, 5 December 2014, http://en.african-court.org/
images/Cases/Advisory%20Opinion/Advisory%20Opinions/Advisory%20Opinion%20
no%20%20002-2013.pdf (accessed 30 October 2017).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents