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institutional frameworks, or allocation of resources) in accordance with
the provisions of the Charter and the recommendations provided to a
State within the framework of Concluding Observations from a
monitoring body,4 is not always apparent.
With this as a backdrop, an article of this nature can aim to assess
the maturity or otherwise of the Charter, and explore its general
contribution to the conceptualisation and implementation of children’s
rights in Africa. What has been the significant added value of the only
child rights focussed regional instrument in the world in the last 18
years?5 What are some of the important developments in relation to the
African Committee of Experts on the Rights and Welfare of the Child
(African Children’s Committee) and its work on State party reporting,
individual complaints, and investigations? What is the synergy of the
Charter with the African human rights architecture, in particular with
the African Commission on Human and Peoples’ Rights (African
Commission), and the African Court on Human and Peoples’ Rights
(African Court)? What are some of the main challenges faced in
implementing the African Children’s Rights Charter?
This piece, however, will be limited in scope. It will start with a
discussion on the drafting, as well as ‘slow start’ the Charter faced. This
is followed by a section that raises a few issues in relation to the
ratification of the Charter, as well as reservations entered into it by a
number of States. The next section focuses on three substantive issues
that the Charter has added value on, namely, the definition of a child,
child marriage, and children and armed conflict. The section that
follows delves briefly into the core business of the African Children’s
Committee, namely, consideration of State party reports, dealing with
individual complaints, and conducting investigative missions.
Subsequently, some reflections on the future of the Charter as well as
the work of the Committee is proffered in the form of concluding
remarks.
2
A QUICK DRAFTING, LEADING TO A SLOW
START?
The 1979 Declaration on the Rights and Welfare of the Child6 of the
OAU served as a precursor to the African Children’s Rights Charter. To
a limited extent, the 1924 Geneva Declaration on the Rights of the
Child7 and 1959 Declarations on the Rights of the Child have also
served as a background in informing the content of the Charter.8
4
Such as the African Committee, or UN Committee on the Rights of the Child (CRC
Committee).
5
Unfortunately, the search for a travaux préparatoires, or any background
documents that chronicle the discussions that unfolded during the drafting and
adoption of the Charter has proven elusive to date.
6
Available at www.chr.up.ac.za/chr_old/hr_docs/african/docs/ahsg/ahsg36.doc.
7
Available at http://www.un-documents.net/gdrc1924.htm.
8
Available at https://www.unicef.org/malaysia/1959-Declaration-of-the-Rights-ofthe-Child.pdf.