Problems in Africa, the African Union Convention on the Protection and Assistance of
Internally Displaced Persons in Africa, the Protocol to the African Charter on Human
and Peoples’ Rights Establishing the African Court on Human and Peoples’ Rights. He
further stated that the institutions include The African Commission on Human and
Peoples’ Rights, the African Court on Human and Peoples’ Rights, the African
Committee of Experts on the Rights and Welfare of the Child (ACERWC).
Mr. Ayalew explained that the need to adopt a regional child rights instrument was
inspired by political and legal reasons. The political reason is the exclusion of African
countries during the negotiations of the Convention on the Rights of the Child (UNCRC)
and the legal reason is that UNCRC does not contain provisions that address the
specific issues of Africa such as the situation of children in apartheid, the specific
disadvantages of the girl child, harmful practices prevalent in Africa, definition of the
child, the role of extended families, and the minimum age of recruitment to the military.
It was mentioned that the African Children’s Charter is ratified by 48 states with 7 States
remaining namely, Democratic Republic of Congo, Morocco, Sao Tome and Principe,
Sahrawi Arab Democratic Republic, Somalia, South Sudan, and Tunisia.
During his presentation, Mr. Ayalew highlighted that the Charter has four cardinal
principles which guide the implementation of all the 31 substantive provisions of the
Charter. The principles are Non-discrimination; Best interests of the child; The life,
survival and development of the child; and Participation of the child. Mr. Ayalew
informed the Forum that the ACERWC is the monitoring body of the Children’s Charter
established in 2001 pursuant to article 32 of the Charter. The Committee has 11 elected
members. He underscored that in accordance with article 42 of the Charter, the
ACERWC has the mandate to promote and protect the rights of children, to monitor the
implementation of the provisions of the Charter, to interpret the provisions of the
Charter, and to collect and document information. Finally, Mr. Ayalew mentioned that
the functions of the ACERWC include consideration of State Party reports,
consideration of complaints, adopting general comments, undertaking investigative
missions as well as conducting research and studies.
Presentation and discussion on the rationale and practicalities of ratification of
and reservations made on the African Children’s Charter
Mr Sekone Wendyam Philippe from the Secretariat of the ACERWC made a
presentation on the justification and practical aspects of the ratification process and
reservations made on the provisions of the Charter.
After giving an update on the actual ratification status by 48 AUMS, Mr Sekone
presented that the main reason why to ratify the Charter. This can be used at last resort
in case of violation in order to protect children’s rights. To ratify the Charter, there is a
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