128
Mezmur/18th birthday of the African Children’s Rights Charter
However, the influence of these non-binding instruments on the
African Children’s Rights Charter pales in comparison when the extent
to which the provisions of the CRC (not only what is contained in the
CRC, but also what is not) have informed its content.
In fact, the idea for the African Children’s Rights Charter was
triggered as a spill-over of the negotiation process to adopt the CRC.9 In
particular, the very limited number of African countries that were
meaningfully involved in the drafting of the CRC stood as a concern.10
Therefore, in 1988, with the support of UNICEF, the African Network
for the Prevention and Protection Against Child Abuse and Neglect
(ANPPCAN)11 convened a meeting that aimed to look at the draft CRC,
and deliberate on the extent to which it covers peculiar issues that
children in Africa were facing at the time.12 The main recommendation
of the meeting was the need to draft and adopt an Africa specific
instrument on children’s rights.
There is an adequate amount of literature interrogating13 and
comparing the provisions of the Charter with the CRC.14 Suffice to
mention that the issue of children living under apartheid,15 the
involvement of children in armed conflict, the protection of refugees
and internally displaced persons, the special vulnerability of the girl
child including in relation to accessing education during and after
9
See, in general, D Chirwa ‘The merits and demerits of the African Charter on the
Rights and Welfare of the Child’ (2002) 10 International Journal on Children’s Rights
157; BD Mezmur ‘The African Committee of Experts on the Rights and Welfare of the
Child: an update’ (2006) 6 African Human Rights Law Journal 550. D Olowu
‘Protecting children’s rights in Africa: a critique of the African Charter on the Rights and
Welfare of the Child’ (2002) 10 International Journal of Children’s Rights 127; J SlothNielsen ‘Strengthening the promotion, protection and fulfilment of children’s rights in
African context’ in Alen et al (eds) The UN Children’s Rights Convention: theory meets
practice (2007) 81.
10 One of the reasons for a separate African Charter on the Rights and Welfare of the
Child was that during the drafting process of the CRC, Africa was underrepresented.
Only Algeria, Morocco, Senegal and Egypt participated meaningfully in the preparatory
meetings. Furthermore, specific provisions on aspects peculiar to Africa were not
sufficiently addressed in the UN instrument.
11
More details on ANPPCAN available at http://www.anppcan.org/.
12 P Ankut ‘The African Charter on the Rights and Welfare of the Child: linking
principles with practice’ (2007/2008) available at http://www.fairplayforchildren.org/
pdf/1299577504.pdf (accessed 10 October 2017).
13
See, for instance, B Thompson ‘Africa’s Charter on Children’s Rights: a normative
break with cultural traditionalism’ (1992) 41 International and Comparative Law
Quarterly 432; F Viljoen ‘Supra-national human rights instruments for the protection of
children in Africa: the Convention on the Rights of the Child and the African Charter on
the Rights and Welfare of the Child’ (1998) 31 CILSA 199; F Viljoen ‘The African Charter
on the Rights and Welfare of the Child’ in C Davel (ed) Introduction to child law in
South Africa 214.
14
See, for instance, O Ekundayo ‘Does the African Charter on the Rights and Welfare
of the Child (ACRWC) only underline and repeat the Convention on the Rights of the
Child (CRC)’s provisions?: examining the similarities and the differences between the
ACRWC and the CRC’ (2015) 5 International Journal of Humanities and Social Science
143; BD Mezmur ‘The African Children’s Charter versus the UN Convention on the
Rights of the Child: a zero sum game?’ (2008) 23 SA Public Law 1; T Kaime The African
Charter on the Rights and Welfare of the Child: a socio-legal perspective (2009).
15
Article 26 of the Charter.