Mapping Children on the Move within Africa In all matters concerning children, the best interests of the child shall be the primary consideration. This is a legal principle contained in Article 34 of the Constitution and the Children Act, and various international conventions ratified by Uganda concerning the rights of children. The best interests of the child set out by the Children Act include the ascertainable wishes and feelings of the child in light of his or her age and understanding; the child’s physical, emotional and educational needs; the child’s age, background and other circumstances relevant in the matter. According to the ACERWC all actions and inactions that affect a child must be undertaken only on the condition that they are in the best interest of the child.38 The ACERWC also notes that the best interests’ principle is flexible and adaptable such that it can be applied to particular needs of children taking into account their specific situation.39 According to Joint General Comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families and No. 22 (2017) of the Committee on the Rights of the Child, states should ensure that best interests of the child are ‘fully taken into consideration’ in immigration law, planning, implementation as well as assessment of migration policies and decision-making processes on individuals cases in decisions regarding migration enforcement or garneting or refusing applications on entry to or residence in a state and restrictions on access to social rights by children and/or their parents.40 The Committee on the Rights of the Child in General Comment No.14 elaborated that the best interests of the child entails:41 i) ii) iii) A substantive right: This constitutes the right of a child to have his or her best interests assessed and taken as a primary consideration in cases where various interests are being considered in order to make a decision concerning a particular child. A fundamental, interpretive legal principle. If a legal provision is open to more than one interpretation, the interpretation that most effectively promotes the best interest of a child should be chosen. A rule of procedure: whenever a decision is being made that has likelihood of affecting a particular child, an identified group of children or children in general, the decision-making process must entail an evaluation of the best possible impact of the decision on the child or children in question. States are thus required to explain how best interests of a child are respected, in broad issues of policy or individual cases. This threefold concept if viewed in light of children on the move means that: as a substantive right the best interest of the child requires that his or her best interests be assessed and taken as a primary consideration in cases where various interests in movement sphere are being considered in order to make a decision in respect to the child; including as a fundamental interpretive principle where a migration policy or law is open to various interpretations, the interpretation that most effectively serves the best interest of the child concerned should be chosen; and as a rule of procedure whenever a decision which is likely to affect a child is made within the sphere of movemnet, an evaluation must be made on the best possible impact of the decision on the child being considered. 38 39 40 41 Minority Rights Group International and SOS-Esclaves v Mauritania (n 29 above) As above. Joint General Comment No. 3 (n 30 above) para 29. General comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration (art. 3, para. 1) CRC/C/GC/14 para 6. 21