126
3
4
5
6
1
Mezmur/18th birthday of the African Children’s Rights Charter
The commitment to be bound: ratifications, and reservations ...................... 130
Examples of substantive provisions ...................................................................... 133
4.1
4.2
4.3
Definition of a child .............................................................................................. 133
Child marriage ...................................................................................................... 135
Children and armed conflict................................................................................. 139
The African Committee of Experts on the Rights and Welfare of the
Child.............................................................................................................................. 142
5.1
5.2
State party reporting............................................................................................. 142
Individual complaints and investigative missions............................................... 143
Concluding remarks .................................................................................................. 147
INTRODUCTION
The African Charter on the Rights and Welfare of the Child (African
Children’s Rights Charter or Charter) came into force on 29 November
1999. The coming into force materialised a month after the 15th
instrument of ratification was submitted to the then Organization of
African Union (OAU, now the African Union (AU)). November 2017
thus marks the 18th anniversary of the Charter, counting from the years
since it has come into force.
For children, and in children’s rights discourse, 18th birthdays are
very important. For an individual, 18 years marks, in the large majority
of countries in Africa as well as globally, the age of the legal transition
from childhood to adulthood. It is considered to be a time at which full
legal autonomy is acquired. It is also often accompanied by full
responsibility of the individual. In other words, it is a time that is often
characterised by the assumption of acquiring maturity.
A stock-taking exercise of the various anniversaries of the
Convention on the Rights of the Child (CRC), for instance its 18th as
well as 25th anniversaries, have been undertaken by different
stakeholders. These stakeholders include academics,1 UN agencies,2
and treaty bodies.3 A similar exercise by stakeholders in relation to the
African Children’s Rights Charter would assist to inform progress, but
would also reflect on the work that remains to be done in maximising
the potential of the Charter to contribute to the creation of an Africa
that is fit for children.
Admittedly, it is not an easy task to determine causation, or
establish a linear relationship, between the ratification of the African
Children’s Rights Charter by a State, on the one hand, and subsequent
behavioural change in the form of law and policy reform, and the design
and implementation of programmes, on the other. In the same streak,
the link between the obligations to undertake ‘other measures’ (such as
1
See, for instance, K Arts ‘Twenty-five years of the United Nations Convention on the
Rights of the Child: achievements and challenges’ (2014) 61 Netherlands International
Law Review 267-303.
2
See, for instance, UNICEF ‘25 years of the Convention on the Rights of the Child: Is
the world a better place for children?’ (2014) available at https://www.unicef.org/
publications/files/CRC_at_25_Anniversary_Publication_compilation_5Nov2014.pdf
(accessed 10 October 2017)
3
See, for instance, Institut international des droits de l’enfant (IDE) and OHCHR ‘18
candles: The Convention on the Rights of the Child reaches majority’ (2007) available at
http://www.ohchr.org/Documents/Publications/crc18.pdf (accessed 10 October 2017).