AFRICA: Recommendations from the 1st Child Focused Civil Society Forum on the African Committee of Experts on the Rights and Welfare of the Child

Preamble:

Recognizing the child’s “unique and privileged position in the African society” as reaffirmed in the African Charter on the Rights and Welfare of the Child [African Children’s Charter];

Reaffirming the adherence to the principles of the rights and welfare of the child contained in the declarations, conventions and other instruments of the African Union, in particular the Call for Accelerated Action for an Africa Fit for Children (2008-2012), as well as in the United Nations Convention on the Rights of the Child;

Acknowledging the crucial work which the African Committee of Experts on the Rights and Welfare of the Child [ACERWC] carries out while monitoring implementation of the African Children’s Charter;

Recognizing the work the ACERWC has already undertaken as it watches over State Parties’ compliance with their obligations deriving from their ratification of the African Children’s Charter in order to ensure the respect, protection, promotion and fulfilment of child rights;

Commending the ACERWC and the African Commission on Human and Peoples’ Rights [ACHPR] for creating ways to promote closer links between these two treaty bodies;

Commending the African Union for putting in place a Communications Procedure under the African Children’s Charter to ensure that State Parties are held accountable for the protection of the rights of children in Africa;

Appreciating the efforts the ACERWC has put in while discharging its mandate regarding the consideration of communications and stressing that time is of the essence in performing this task;

Commending the ACERWC for developing criteria for granting observer status to NGOs/CSOs;

Noting the importance of the observer status for a fruitful collaboration between the ACERWC and NGOs/CSOs for the advancement of the rights and welfare of African children;

Recognizing the value of the free flow of information in the realization of child rights on the African continent;

Taking note the role played by the ACERWC and NGOs/CSOs in the African Peer Review Mechanism (APRM) and the need to use the APRM to promote and monitor children’s rights in Africa;

Observing with concern that several State Parties are yet to fulfill their implementation and reporting obligations under the African Children’s Charter;

Noting with regret that eight Member States of the African Union have not yet ratified the African Children’s Charter;

Deeply concerned by the enactment of restrictive legislation which may negatively impact on the work of NGOs/CSOs, and taking note of the enactment in January 2009 of such a law in Ethiopia;

Welcoming the celebration of the Day of the African Child, marked on 16 June every year since 1991, as it draws attention to the lives and the plight of children in Africa,

We, the participants to First Child Focused Civil Society Forum on and around the 13th Session of the African Committee of Experts on the Rights and Welfare of the Child held in Addis Ababa, Ethiopia, from 17 and 19 April, 2009, make the following recommendations to:

A) The ACERWC to:

General Functions (Article 42 ACRWC):

Continue in its efforts to forge a progressive and sustained relationship with the ACHPR in order to create a common platform for the promotion and protection of children’s rights;

Communicate at least three months in advance the identified themes to mark the Day of the African Child not only to Member States, but also to NGOs/CSOs and other partners;

Participate actively with all stakeholders in the celebration of the Day of the African Child;

Use its influence and position as an institution of the AU to initiate discussions on the need for countries to create a conducive environment for the operations of NGOs/CSOs.

Use all available channels and means, including promotional missions, to ensure that the African Children’s Charter reaches full ratification status in line with the African Union Heads of State and Government’s Report for complete ratification by December 2008;

Circulate the Session’s agenda four weeks in advance as per the Rules of Procedure of the ACERWC;

Reporting Procedure (Article 43 ACRWC):

Amend the guidelines for initial State Party Reporting to take into account the specificities of the African Children’s Charter;

Set the maximum number of pages for State reports (excluding the attached annexes) so as to favour a standardized format to expedite consideration of reports;

Put in place mechanisms to improve the flow of information between the ACERWC and NGOs/CSOs by periodically circulating information on State Party Reports and communications, among others, through the Committee’s own regularly updated webpage and through partners’ websites;

Communications (Article 44 ACRWC):

Develop a template or a form that any person, group or NGO/CSO planning to forward a communication to the ACERWC can use for that purpose;

Amend its guidelines for the consideration of Communications to include a timeframe of six weeks for the ACERWC to acknowledge receipt of a Communication, to make a decision on admissibility within six months from the date of receipt, and finally to give its decision on the merits of the Communication within one year from the date of admissibility to ensure that victims are not left without redress;

Take provisional measures, in cases of urgency, to prevent any harm to the child or children who would be victims of violations, as provided for in the Guidelines for the Consideration of Communications;

Include a progress report on Communications as a standing agenda item for each ACERWC Session;

Participation & Representation:

Provide a progress report on applications they have received from NGOs/CSOs seeking Observer Status to the applicants;

B) State Parties to the African Children’s Charter to:

Proceed with the domestication and application of the provisions of the African Children’s Charter;

Submit, in a timely manner, initial and periodic state reports in accordance with the African Children’s Charter;

Call on Central African Republic, Democratic Republic of Congo, Djibouti, Sahrawi Arab Democratic Republic, São Tomé & Principe, Somalia, Swaziland and Tunisia to ratify the African Children’s Charter without any further delay to comply with the African Union Heads of State and Government’s Report for complete ratification by December 2008;

Jointly plan and implement activities to mark the Day of the African Child in collaboration with the ACERWC, parent ministries and NGOs/CSOs and other partners;

Respect their obligations under human rights treaties they have ratified by ensuring that NGOs/CSOs are able to work without restrictive conditions to curtail their operations.

C) The CSO Forum to:

Urge Central African Republic, Democratic Republic of Congo, Djibouti, Sahrawi Arab Democratic Republic, São Tomé & Principe, Somalia, Swaziland and Tunisia to ratify the African Children’s Charter without any further delay;

Encourages NGOs/CSOs and other partners in countries affected by restrictive legislation to collaborate with national and international networks and other human rights organisations to collectively advocate for the continuance of a conducive environment for the operation of NGOs/CSOs in Africa.

Done in Addis Ababa, Ethiopia, on 19 April 2009