144 Mezmur/18th birthday of the African Children’s Rights Charter The first communication decided on its merits, Institute for Human Rights and Development in Africa (IHRDA) and Open Society Justice Initiative on behalf of Children of Nubian descent in Kenya v Kenya,104 dealt with the question of the right of the child to acquire a nationality and not be discriminated against in accessing services on the basis of nationality.105 The second communication, Hansungule and others (on behalf of children in Northern Uganda) v Uganda106 revolved around the obligation of the Ugandan government to protect children in armed conflict, and in particular, not to recruit or use persons below the age of 18 in armed conflict in line with article 22 of the Charter. The third communication decided on its merits is The Centre for Human Rights (University of Pretoria) and La Recontre Africaine sur la Defense des Droits de l’Homme (Senegal) v Senegal,107 finding the Senegalese government in violation of protecting children, in particular against enforced begging by religious teachers (Marabouts). All these three cases evidence the argument that the individual complaints mechanism under the African Children’s Rights Charter holds a very strong potential to protect children in Africa. All the communications involve an unidentified number of children, thereby highlighting the Committee’s flexibility to entertain individual complaints even when the alleged victims are not individually identified. The African Children’s Committee has also invoked the principle of the best interests of the child not only as a substantive right, but also as a principle that should inform procedure. For instance, in the Children of Nubian descent in Kenya case, the fact that the government of Kenya did not appear before the Committee on a number of occasions was perceived to go against the principle of children’s best interests, and was used as a ground to continue with the proceedings in the absence of the State party. Where appropriate and possible, child participation has also informed the process for these communications. Also, all three communications have benefitted from in situ investigation or implementation follow-up by the Committee. The cases against Kenya and Senegal were moreover made a subject of implementation hearings with government representatives during the Committee’s 29th Ordinary Session in April/May 2017 in Maseru, Lesotho. Because of the ‘precedent’ setting nature of these cases, African countries that might have similar issues within their jurisdictions can learn more on their obligations to undertake legislative and other measures from these decisions. 104 No. 1/Com/1/2005 (Children of Nubian descent in Kenya). Full text of decision available at https://www.opensocietyfoundations.org/sites/default/files/ACERWCnubian-minors-decision-20110322.pdf (accessed 30 October 2017). 105 The children in the Children of Nubian descent in Kenya case are qualified to be Kenyan citizens and were found to be deprived of their rights in articles 3 (non discrimination), 6 (name and nationality), 11 (education), and 14 (health and health services) of the Charter. 106 No. 2/Com/002/2009. Full text of decision available at http://www.chr.up.ac.za/ images/files/news/press/DSA-ACE-64-1038.15.pdf (accessed 30 October 2017). 107 No. 3/Com/001/2012. Full text of decision available at http://www.chr.up.ac.za/ images/files/news/press/DSA-ACE-64-1047.15_2_3.pdf (accessed 30 October 2017).