I.
INTRODUCTION
1. The African Committee of Experts on the Rights and Welfare of the Child
(ACERWC) extends its compliments to the Government of Eritrea and wishes to
acknowledge with thanks receipt of the initial report on the status of
implementation of the African Charter on the Rights and Welfare of the Child.
The Committee congratulates the State Party for sending an important high-level
delegation led by the Director General of Social Welfare Department, Ministry of
Labour and Human Welfare to discuss the Report during its twenty eight session
held in Banjul, The Gambia, from 21st October to 1st November 2016.
2. After considering the report from Eritrea, the Committee has the honour to
forward to the Government the following observations and recommendations:
II.
PROGRESS IN THE IMPLEMENTATION OF THE CHARTER
A. General Measures of Implementation
3. The Committee notes with satisfaction that the State Party has adopted several
legislative frameworks protecting the rights of children. The Committee is
however concerned that a specific legislation protecting the rights of children has
not been adopted. The Committee also notes that 1997 Constitution which
provides for promotion of the rights of children is yet to be implemented.
4. The Committee therefore recommends that the State Party urgently take steps to
review the yet to be implemented 1997 Constitution in a transparent and
participatory manner to bring it in line with the State Party’s obligation with the
view to implementing the Constitution. The Committee also recommends that
the State Party enact a specific legislation promoting and protecting the rights of
children and a legislation dealing with issues concerning trafficking of persons.
The Committee further recommends that the State Party establish a Ministerial
institution responsible for the coordination of the rights of children.
B. Definition of a child
5. Under the Charter a child is defined as any human being under the age of 18.
However; in Eritrea this is implied within the context of “a minor person” as
defined by Article 198 of the Transitional Civil Code of Eritrea but due to the
pluralistic nature of Eritrean Society, different definitions are given depending on
the values of the group. The rights of children are also found in different laws.
The Committee, therefore, recommends that the State Party undertake measures
to harmonise laws defining a child with the enactment of a law specifically
dealing with children and conduct a campaign to sensitize and inform the
population on this law.
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