CRIN - Child Rights Information Network - African Committee on the Rights and Welfare of the Child

The information below is a rough guide to the work of the African Committee on the Rights and Welfare of the Child. The Committee is still in the process of establishing its working methods and only recently began to examine State parties’ reports on child rights in May 2008. This guide is therefore a working document.

Menu: What is the African Committee of Experts? | What is the African Charter on the Rights and Welfare of the Child? | Powers and functions of the Committee | Differences between the UN Convention and the African Charter |

The Committee's work: What are the Committee's powers and functions? | When does the Committee meet? | Who are the experts? | Committee investigations | How does the State reporting process work? |

How to get involved: Civil society participation | Does the Committee examine individual complaints? | Provisional measures | Session reports | Upcoming on-site visits |

More information: Other complaints mechanisms in the African human rights system | Useful contacts

Links

What is the Committee of Experts on the Rights and Welfare of the Child?

The African Committee of Experts on the Rights and Welfare of the Child, which was established in July 2001, monitors the implementation of the African Charter on the Rights and Welfare of the Child. The Committee draws its mandate from Articles 32-46 of the Charter.

The Committee reports to the Assembly of Heads of State and the African Union (AU) every two years. It must also consider any communications it has received about violations of children’s rights under Article 44 of the Charter to the AU.

What is the African Charter on the Rights and Welfare of the Child?

The African Charter on the Rights and Welfare of the Child spells out the rights that African States must ensure for children living in their jurisdiction. It is the main instrument of the African human rights system for promoting and protecting child rights.

The Charter, which was adopted by the Organisation of African Unity (now the African Union) in July 1990, entered into force in November 1999. The Charter was the first regional treaty to address child rights.

The Charter is divided into two parts of four chapters. Part one deals with the rights, freedoms and duties of the child and has 31 articles. Part two deals with States’ obligations to adopt legislative and other measures to implement the provisions of the Charter and has 18 articles.

The African Charter was created partly to complement the UN Convention on the Rights of the Child (CRC), but also because African countries were under-represented in the drafting process of the CRC, and many felt another treaty was needed to address the specific realities of children in Africa.

What is the difference between the UN Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child?

The two treaties make many similar provisions and have the same over-arching principles of non-discrimination, participation, the best interests of the child, survival and development, evolving capacities.

Some of the other issues that African States wanted the Charter to include were: children living under apartheid, harmful practices against the girl child, such as female genital mutilation (FGM), internal conflicts and displacement, the definition of a child, the rights of children of imprisoned mothers, poor and unsanitary living conditions, the African conception of communities’ responsibilities and duties, weak enforcement and monitoring mechanisms, role of the family in adoption and fostering, and the duties and responsibilities of the child towards the family and community.

For more analysis of the African Charter, see: The Merits and Demerits of the African Charter on the Rights and Welfare of the Child

What are its powers and functions?

The role of the African Committee of Experts on the Rights and Welfare of the Child is to promote and protect the rights spelled out in the African Charter of the Rights and Welfare of the Child.

Its main functions are to:

collect information
interpret provisions of the Charter; monitor the implementation of the Charter
give recommendations to governments for working with child rights organisations
consider individual complaints about violations of children’s rights; and,
investigate measures adopted by States to implement the Charter by carrying out missions, collecting information, and questioning States (see Article 45 of the Charter).
The Committee also chooses the theme of the Days of the African Child which are held every year on 16 June to commemorate those killed in the Soweto uprisings in South Africa. See CRIN's information sheet on previous Days of the African Child.

When does the Committee meet?

The Committee meets twice a year in ordinary sessions of no more than two weeks. It held its first session in July 2001. The chairperson can also convene extraordinary sessions at the request of the Committee or of a State Party to the Charter.

Sessions generally take place at the Headquarters of the African Union in Addis Ababa, Ethiopia, but can be held elsewhere at the Committee’s request.

Who are the experts?

The Committee is formed of 11 experts, who serve in an individual capacity and are elected for a term of five years by the Executive Council. They are appointed by the Assembly of Heads of States and Government of the African Union. In contrast to the African Commission on Human and People’s Rights, Committee Experts may not be re-elected. Click here for a list of current members.

What types of investigations can the Committee undertake?

The Committee has not yet undertaken any investigations, but it is empowered to undertake two types of investigations under Article 45 of the Charter:

1. on issues arising from the Charter based on allegations of violations of child rights

2. on measures taken by States Parties to implement the Charter.

Who would carry out the investigations?

The Committee could set up sub-committees or working groups to carry out the investigation. The Committee can designate a Special Rapporteur among its members or independent experts to accompany sub-committees, working groups and Special Rapporteurs on their missions.

The Committee will prepare a preliminary mission report on the situation of child rights in the country, and a final report in which it will make recommendations to the State Party concerned. The recommendations will also be sent to other public and private institutions responsible for monitoring and implementing child rights.

Will these investigations be followed up?

The Committee invites a State to submit a written reply with information on measures taken to follow up recommendations made by the Committee after the mission. It could also request additional information on measures taken by the State Party from other institutions and civil society organisations. It could also ask the State to include information about measures it has taken to follow-up recommendations in its next report to the Committee.

How does the State reporting process work?

States were due to submit their initial reports about the measures they have adopted to implement the provisions of the African Charter two years after they have ratified the Charter, and every three years thereafter. However, the Committee began its work in 2001 and as of December 2006, only the following countries had submitted their initial reports: Egypt, Mauritius, Rwanda and Nigeria. The Committee began examining State Party reports in May 2008. Search for reports here. Rapporteurs have been appointed to examine each country’s report.

Search for State Party reports to the African Committee here

Guidelines for submitting reports

Guidelines for considering reports

How can civil society organisations participate?

The parameters of civil society’s participation have not yet been formally established. Some draft criteria for granting NGOs and other associations observer status to allow them to participate in the Committee’s activities were agreed upon and are available here.

Some of the ways NGOs and associations will be allowed to participate include:

attending opening and closing ceremonies of the Committee sessions,
participating in the Committee’s meetings
accessing documents that are not confidential and do not deal with issues concerning the observers
being invited to participate in closed sessions dealing with issues that concern them
making statements on issues that concern them, provided the statement has been sent to the Committee in advance
responding to questions they may be asked in meetings

Does the Committee examine individual complaints?

Article 44 of the Charter empowers the Committee to consider individual communications alleging a violation of any of the rights enshrined in the Charter. However, States can make reservations on the extent of the Committee’s powers; for example, Egypt does not consider itself bound by this article. Any individual, group or non-governmental organisation recognised by the African Union, by a Member State, the UN, or children themselves may bring such a complaint.

The Committee’s guidelines state that “where a child is capable of expressing his or her opinions, they should be heard by a Committee member.” Children may bring complaints under universal human rights treaties if their State is not a party to the African Charter. However, a communication may be presented on behalf of a victim without his consent if the author is able to prove that the complaint has been brought in the supreme interest of the child.

Communications are sent to all Committee members three months prior to each ordinary session.

The Committee may set up a working group to meet before its sessions to consider whether a communication will be accepted. The working group then appoints a rapporteur. The Committee, working group or rapporteur brings the communication to the attention of the State concerned and requests an explanation or written statement within six months. The Committee may also request the presence of the person or group submitting the communication and the State party concerned for more information, clarification or observations.

Provisional measures

While the Committee is considering a communication, it can ask the State concerned to take certain measures to prevent any harm to the child mentioned in the communication, or other children who could be victims of similar violations.

No such requests for provisional measures have yet been made, but see examples of provisional measures requested in by other regional human rights mechanisms here: the Inter-American Commission - Council of Europe

Session reports

8th session: report

7th session: report

Upcoming on-site visits

At its 8 th session, the Committee of Experts agreed to undertake visits to encourage countries which have not already done so to ratify the Charter, and to encourage others to submit their country report. Visits will be made shortly to Tunisia, Sao Tome and Principe, Democratic Republic of Congo, Gabon, Liberia and Zambia. Dates for the missions have yet to be set.

Other complaints mechanisms in the African system

Complaints can also be submitted to the African Commission on Human and People's Rights

In addition, the African Court of Justice was formally launched in July 2006, but has yet to begin its work.

Useful links and contacts

African Committee on the Rights and Welfare of the Child
Commission of the African Union
African Union Headquarters
P.O.Box 3243, Roosvelt Street (Old Airport Area)
W21K19 Addis Ababa, Ethiopia
Tel: + (251) 1 51 35 22; Fax: + (251) 1 53 57 16
Email: dsocial@africa-union.org
Website: http://www.africa-union.org/child/home.htm#

African Commission on Human and People’s Rights
Kairaba Avenue, P.O. Box 673, Banjul, The Gambia
Tel (220) 4392 962; Fax (220) 4390 764
Email achpr@achpr.org
Website: http://www.achpr.org

African Network for the Prevention and Protection against Child Abuse and Neglect
Komo Lane, Off Wood Avenue, P.O. Box 1768, 00200, City Square, Kenya
Tel: + 254 020 3873990/3876502/3861086; Fax: + 254 020 3876502
Email: regional@anppcan.org
Website: http://www.anppcan.org

African Child Policy Forum
P.O.Box 1179, Addis Ababa, Ethiopia
Tel: +251 11 6628192/96/97/99; Fax: +251 011 6628200
Email: info@africanchildforum.org
Website: http://www.africanchildforum.org/index.asp

The Institute for Human Rights and Development in Africa
Brusubi Layout 949, Coastal Highway, P.O. Box 1896, Banjul, The Gambia
Tel: +220 996 22 80, 775 12 00, 775 12 01; Fax: + 220 449 41 78
Email: info@africaninstitute.org
Website: http://www.africaninstitute.org

Save the Children Sweden (Eastern and Central African Region)
PO Box 19423, 202KNH, Nairobi, Kenya
Tel: + 254 20 2711 282; Fax: + 254 20 2711 280
Email: david.neveling@swedsave-ke.org
Website: http://www.rb.se