130
Mezmur/18th birthday of the African Children’s Rights Charter
Charter is not clear. The same can be said of ANPPCAN, and other CSOs
in Africa. While there is a systemic practice of advocating for the
ratification by the AU Office of Legal Counsel (OLC) including during
AU Summits, it is doubtful if such a practice existed in the 1990s. Since
the African Children’s Committee was created only in 2002, it did not
get the chance to play any role in lobbying for ratification in the 1990s.
If the reason for the delay for ratification resulted from African
countries harbouring doubts about some of its contents, it would have
led to a significant number of reservations upon ratification, which, as
is shown in the next section, was not really the case. It is important that
current and future engagements and plans aimed at reaching universal
ratification of the Charter will need to take some of this information on
board.
3
THE COMMITMENT TO BE BOUND:
RATIFICATIONS, AND RESERVATIONS
As at October 2017, the ratification of the Charter stands at 48
countries. The latest ratification of the Charter, in July 2016, was by the
Central African Republic.23 Subsequently, between August 2016 and
January 2017, there remained 6 countries that have not ratified the
Charter. These countries are the Democratic Republic of Congo (DRC),
Saharawi Republic, São Tome and Principe, Somalia, South Sudan, and
Tunisia. In January 2017, with the re-admission of Morocco into the
AU, this list of countries increased to 7. With the exception of Morocco,
all 6 countries have signed the Charter, and have received a
promotional visit by the African Children’s Committee, advocating for
ratification.
A number of systemic efforts are exerted to urge ratification of the
Charter. For instance, the African Committee has undertaken
promotional missions to advocate for ratification of the Charter to
Tunisia (2013), to Saharawi Republic (2014), to DRC (2015), and to São
Tome and Principe (2016). A long list of subsequent decisions of the AU
Executive Council urge member States that have not ratified the
Charter to do so.24 The Secretariat of the African Committee regularly
sends note verbales to States as a reminder about ratification. In 2013,
the African Children’s Committee started a two years campaign aimed
23
Available
at
https://au.int/sites/default/files/treaties/7773-sl-african_charter
_on_the_rights_and_welfare_of_the_child_1.pdf (accessed 10 October 2017).
24
See, for instance, EX.CL/Dec.843(XXV) Decision on the Report of the African
Committee of experts on the Rights and Welfare of the Child (ACERWC) – Doc. EX.CL/
858(XXV) (2014); EX.CL/Dec.923(XXIX) Decision on the Report of the African
Committee of Experts on the Rights and Welfare of the Child (ACERWC) Doc. EX.CL/
977(XXIX), (2016); EX.CL/Dec.977(XXXI) Decision on the Report of the African
Committee of Experts on the Rights and Welfare of the Child Doc.EX.CL/1033(XXXI)
(2017).