The African Charter on the Rights and Welfare of the Child (also called the ACRWC or Children's Charter) was adopted by the Organisation of African Unity (OAU) in 1990 (in 2001, the OAU legally became the African Union) and was entered into force in 1999. Like the United Nations Convention on the Rights of the Child (CRC), the Children's Charter is a comprehensive instrument that sets out rights and defines universal principles and norms for the status of children. The ACRWC and the CRC are the only international and regional human rights treaties that cover the whole spectrum of civil, political, economic, social and cultural rights.
It calls for the creation of an African Committee of Experts on the Rights and Welfare of the Child (Committee of Experts). Its mission is to promote and protect the rights established by the ACRWC, to practice applying these rights, and to interpret the disposition of the ACRWC as required of party states, African Union (AU) institutions, or all other institutions recognized by AU or by a member state.
Focus on children's rights in Africa Children in Africa are affected by many different types of abuse, including economic and sexual exploitation, gender discrimination in education and access to health, and their involvement in armed conflict. Other factors affecting African children include migration, early marriage, differences between urban and rural areas, child-headed households, street children and poverty. Furthermore, child workers in Sub-Saharan Africa account for about 80 million children or 4 out of every 10 children under 14 years old which is the highest child labour rate in the world.
The ACRWC defines a "child" as a human being below the age of 18 years. It recognises the child's unique and privileged place in African society and that African children need protection and special care. It also acknowledges that children are entitled to the enjoyment of freedom of expression, association, peaceful assembly, thought, religion, and conscience. It aims to protect the private life of the child and safeguard the child against all forms of economic exploitation and against work that is hazardous, interferes with the child's education, or compromises his or her health or physical, social, mental, spiritual, and moral development. It calls for protection against abuse and bad treatment, negative social and cultural practices, all forms of exploitation or sexual abuse, including commercial sexual exploitation, and illegal drug use. It aims to prevent the sale and trafficking of children, kidnapping, and begging of children.
Children's Charter vs. Convention on the Rights of the Child The Children's Charter originated because the member states of the AU believed that the CRC missed important socio-cultural and economic realities particular to Africa. It emphasises the need to include African cultural values and experiences when dealing with the rights of the child in such as: Challenging traditional African views which often conflict with children's rights such as child marriage, parental rights and obligations towards their children, and children born out of wedlock Expressly saying that the Children's Charter is higher than any custom, tradition, cultural or religious practice that doesn't fit with the rights, duties and obligations in the Charter The Children's Charter has a clearer definition of the child as a person aged under 18 years old Outright prohibition on the recruitment of children (i.e. under 18 years old) in armed conflict and deals with conscription of children into the armed forces Prohibiting marriages or betrothals involving children Prohibiting the use of children as beggars Granting girls the right to return to school after pregnancy Promoting affirmative action for girls' education Tackling specific African issues that affect children. For example, it called for the confrontation and abolishment of apartheid and similar systems; and although, apartheid is now over, this provision is still applicable to children living under regimes practicing ethnic, religious or other forms of discrimination Protecting internally displaced and refugee children Protecting imprisoned expectant mothers and mothers of infants and young children Providing a way for children themselves to petition the Children's Charter's Committee of Experts regarding infringements of their rights Including special reference to care of the child by extended families Encouraging the state to provide support for parents "in times of need" Protecting handicapped children.
The fundamental principles guiding implementation of these rights include: Non-discrimination The best interests of the child The life, survival and development of the child Child participation Providing for the responsibilities that every child has with regard to their and society, the state and the international community.
Ratification of the Children's Charter As of 2016, the ACRWC has been ratified by 47 of the 54 states of the African Union, and signed but not ratified by the remaining seven states. Central African Republic, Democratic Republic of the Congo, Sahrawi Arab Democratic Republic, São Tomé and Príncipe, Somalia, South Sudan, and Tunisia have signed but not ratified the Charter. Morocco, a non-AU member state, has also not ratified.
Shortcoming and criticism It doesn't protect children from life imprisonment without the possibility of release When dealing with criminal activities, there is no provision for alternative measures such as community rehabilitation No mention of the rights such as to remain silent, to be protected from retroactive legislation, to challenge detention, or to be compensated for miscarriages of justice Article 20 can be construed as supporting physical punishment by parents as it is unclear regarding the meaning of "domestic discipline;" There is some confusion regarding Article 31 that deals with children's responsibilities. Children are required to respect parents, superiors and elders at all times which could conflict with the child's right to participate in decisions that affect them The omission of a provision which requires countries to fully commit and use their resources means that the Children's Charter has no way to ensure or force states to provide resources to ensure the realisation of children's rights Although the Children's Charter makes provision for special protection measures for the disabled, it fails to expressly include disability as a prohibited ground of discrimination Unlike the CRC, which specifically ascribes rights to children of minorities, there is no similar provision in the African Charter, despite many countries in the region having significant populations of minority and indigenous groups.
African Committee of Experts on the Rights and Welfare of the Child (Committee of Experts) The committee was formed in July 2001, one and half years after the Children's Charter came into force. The members are elected by the Assembly of Heads of State and Government of the African Union. The criteria for the selection of members are: Members must be nationals of a state party to the Children's Charter. They must be individuals of high moral standing, integrity, impartiality and competence in matters of the rights and welfare of the child. Members are nominated by signatory countries and elected by the Assembly of Heads of State of the African Union. Members are elected for a term of five years and serve voluntarily in their individual capacity. They may not be re-elected.
The Committee of Experts meets twice each year, usually in May and November in Addis Ababa, Ethiopia. The exact dates depend on other items on the AU agenda around these times. They are empowered to receive and examine the country ("state") reports on the measures they have adopted to implement the provisions of the Children's Charter as well as the progress achieved regarding how the rights are being protected. The final protective function of the Committee of Experts is related to the investigations procedure. They are empowered to resort to any appropriate method of investigation in respect of any issue covered in the Children's Charter.
Members of the African Committee of Experts on the Rights and Welfare of the Child The current members of the ACERWC are (name, country, position): Hon. Wilson Almeida Adão, Angola, Chairperson Hon. Aver Gavar, Nigeria, Vice Chairperson Hon. Anne Musiwa, Zimbabwe Hon. Poloko Nuggert Ntshwarang, Botswana Hon. Aboubekrine El Jera, Mauritania Hon. Ghislain Roch Etsan, Congo-Brazzaville (RotC) Hon. Hermine Kembo Takam Gatsing, Cameroon Hon. Sabrina Gahar, Algeria Hon. Robert Doya Nanima, Uganda Hon. Karoonawtee Chooramun, Mauritius
Position Former Members Mr. Benyam Dawit Mezmur, Ethiopia, Chairperson Mrs.Fatima Delladj-Sebaa, Algeria, 1st Vice-President Prof Julia Sloth-Nielsen, South Africa, 2nd Vice President Mr. Clement Julius Mashamba, Tanzania, 3rd Vice-President Mr. Alfas Muvavarigwa Chitakunye, Zimbabwe, Rapporteur Mr. Cyprien Adébayo, Benin, Member; (former 1st Vice President 2010-2012) Mrs. Agnès Kabore, Burkina Faso, Member;(former Chairperson 2010-2012) Mr. Andrianirainy Rasamoely, Madagascar, Member Mrs. Maryam Uwais, Nigeria, Member Mrs. Amal Muhammad El Henqari, Libya, Member Mrs. Félicité Muhimpundu, Rwanda, Member
As at October 2008, the elected Committee of Experts were (name, country, position): Ms. Seynabou Ndiaye Diakhate, Sénégal, Chairperson Ms. Marie Chantal Koffi Appoh, Côte d'Ivoire, Vice-Chairperson Ms Boipelo Lucia Seitlhamo, Botswana, Rapporteur Hon. Justice Martha Koome, Kenya, Member Mrs. Mamosebi T. Pholo, Lesotho, Member Mr. Moussa Sissoko, Mali, Member Mrs. Dawlat Ibrahim Hassan, Egypt, Member Mr. Cyprien Adébayo, Benin, Member Mrs. Agnès Kabore, Burkina Faso, Member Mr. Andrianirainy Rasamoely, Madagascar, Member Mrs. Maryam Uwais, Nigeria, Member
Challenges faced by the Committee of Experts Functional secretariat: K.F. Malindi Jr, Founder of The Rights Club and a human and child rights activist notes that the Committee of Experts have yet to establish a fully functional secretariat which means that it cannot carry out its activities or deal with communications as well as country reports. It suffers from a serious lack of resources Attitude of member states: Many member states are unenthusiastic about the Children's Charter and are often unwilling to nominate suitable people to sit on the Committee of Experts. Often, the committee members resign midway through their term Non-state reporting: A look at states’ reporting history to the Committee of Experts also shows non-commitment by countries to fulfil their treaty obligations in respect of the Children's Charter. The responsibility for preparing and submitting country reports differ from country to country, which makes it difficult for the Committee of Experts to follow up with defaulting states The rule of pendency & appropriate bodies: Cases cannot be tried or investigated at the same time in two or more human rights bodies. Thus once a case has been brought before the Committee of Experts, it has to remain there until the legal process has been exhausted. The problem is that it takes an average of two and a half years for cases to be decided by the Committee of Experts Other problems: Other important setback identified are the constant lack of legal counsel present at sessions of the Committee to give legal guidance on decisions being taken by the Committee; lack of coordinated cooperation and communication between the African Commission and the Committee and the non- prioritising by the AU of the work of the Committee resulting in delays and cancellation of sessions.
State party reporting