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The Forum on the participation of NGOs at the 44th Ordinary session of the African Commission on Human and Peoplesâ rights (ACHPR) took place between 7 and 9 November in Abuja (Nigeria) and was followed by the Commissionâs session which ended on Monday 24 November. 220 participants from 35 countries took part in the NGO forum. They were for the most, representatives of various national and global civil society organisations, but also human rights lawyers, members of the ACHPR and members of the African Committee of Experts on the Rights and Welfare of the Child (ACERWC). For the first time, Childrenâs Rights were among the priority themes of the Forum. This was the fruit of lobbying done by Plan International, since its participation at the NGO Forum preceding the 42nd session, a year ago in November 2007 in Brazzaville (Republic of Congo). At that Forum, Plan intervened on the agenda item focusing on womenâs rights, in the discussion on Harmful traditional and cultural practices affecting girls, which are explicitly protected under the Protocol on Women in Africa (also known as the Maputo Protocol). âWe felt that children were not given enough space in the various human rights discussions and that there was need for increased awareness about the existence of an African mechanism for children, which is the African Charter on the rights and welfare of the Child and its monitoring body, the ACERWCâ said Laure Abado from Plan. Having this in mind, Plan called for a group of like- minded Child rights entities to form a united team of child rights advocates for this yearâs November Forum. The team was composed of the Institute for Human Rights and Development in Africa (IHRDA), the National Coalition of Childrenâs Associations and NGOs (CONAFE â Senegal), Plan International, Save the Children, the Southern Africa Network against Trafficking and Abuse of Children (SANTAC), the African Committee of Experts on the Rights and Welfare of the Child and with close collaboration with the Secretariat of the ACHPR and with the African Centre for Democracy and Human Rights Studies which is the official organiser of the NGO Forum.. The team planned for a child rights programme to be carried out at the November Forum and Commission session. This included a panel discussion entitled âtowards child survival and development: Enhanced partnerships for the promotion and protection of the rights of Children in Africaâ, which took place on November 8. It focused on some aspects of child protection and on the necessary collaboration between the various human rights entities of the African Union to ensure respect for human rights and child rights in particular. The afternoon of that same day, organisations split into various âinterest groupsâ- as it is traditionally done at the NGO Forum- to develop thematic recommendations/draft resolutions for the Forumâs and, later- the Commissionâs consideration. Among those was an âinterest group on childrenâs rightsâ, where a group of about 10 interested organisations and the ACERWC developed a draft resolution on the rights of the child. In order to avoid duplication with the role of the ACERWC (each having similar responsibilities but towards two different Charters), the resolution focused on concrete recommendations for the Commission on how to contribute efficiently to the protection of children in Africa and how to improve its collaboration with the ACERWC. The draft resolution on childrenâs rights was adopted by the NGO Forum in plenary and, together with other draft resolutions from other interest groups, it was forwarded to the Secretariat of the African Commission for the Commissionersâ consideration. The main messages in the resolution were reiterated by Mrs DiakhatĂŠ, chairperson of the ACERWC on November 10th during her speech before the ACHPR. It was also reinforced by the public statement made by the representative of the NGO Forum (Mrs Hanna Foster) during the opening ceremonies of the session and by the statement of Mrs Sheila Keetharuth (IHRDA) on behalf of the Child rights group, which was presented on November 13, under agenda item 7 relating to the presentation of the report of the Special Rapporteur on the Rights of Women in Africa. Achievements: Appreciating this, Mrs DiakhatĂŠ, chair of the ACERWC said ânow it seems that people understand better the distinction between the Committee of Experts on the Rights and Welfare of the Child and the African Commission on Human and Peoplesâ rights, which is a positive developmentâ Mrs CissĂŠ, Secretary of the ACERWC added that she was approached by various NGOs and coalitions who wished to contribute to the Committeeâs work through preparing alternative reports etc. Another important achievement is the excellent team work between all the members of the child rights group present, who worked as one unity to reach their common objectives. It was a great occasion also to network with other human rights organisations and with commissioners. The message relating to the importance of integrating the child perspective in all aspects of human rights and the need for improved collaboration between the ACHPR and the ACERWC and between Child rights and human rights organisations was also welcomed by members of the Commission who decided to take action on this matter in the near future. Further information âTowards child survival and development: Enhanced partnerships for the promotion and protection of the rights of the African Childâ- A Panel discussion which took place at the NGO Forum on 8 November 2008. The concern for the survival and development of African children and the need to create a better world for them has been emphasised and reiterated in various charters, protocols, declarations, campaigns, development goals and calls for action. However, despite these joint commitments and the efforts made by various stakeholders, many challenges remain at stake. Recognising this, the African Committee on the rights and welfare of the Child decided to dedicate the next Day of the African Child (June 2009) to this theme. It is for this same reason that civil society organisations (IHRDA, CONAFE- Senegal and Plan International), the ACERWC and the ACHPR held a panel focusing on childrenâs rights during the NGO Forum. The discussion focused on legal and practical aspects of protection, crucial to the implementation of the rights of the child to survival and development. The speakers also addressed the roles and responsibilities of the various stakeholders in the implementation of childrenâs rights and the improved partnerships needed to ensure an efficient realisation of the rights of Children in Africa. * * * Professor Adeyemi made an introduction on the situation of children in Africa, focusing in particular on the various provisions of the African Charter on the Rights and Welfare of the Child (ACRWC) and on the procedural considerations when faced to a violation on the rights of the child, mentioning the situations before domestic courts, the ACERWC, the ECOWAS court and the African Court of Justice and Human Rights. Abiola Tilley-Gyado of Plan International mentioned the importance of working in collaboration among NGOs and between the various bodies of the AU and the UN, in order to ensure an effective protection for children. She then focused her presentation on the right to an identity, a name and a nationality within the African context. She stressed the importance of registering births as an important element to ensure the right of the child to survival and development (articles 5+6 ACRWC). Knowing that the UNCRC and the ACRWC protect human beings up to 18 years, no registration makes it difficult to prove the age of the person. This is particularly relevant in cases of early marriages, trafficking etc. Birth registration is a preliminary step to the access and enjoyment of many rights such as the right to a nationality, to freedom of movement, to education and health in several African countries. She also stressed that giving a name and celebrating this event is not enough unless the name is officially registered. Cheikh Bamba Diaw of CONAFE- SENEGAL made a presentation on the protection of children from corporal punishment in all settings whether at home, at school or in the community. He affirmed that it is difficult to have a proper definition of violence because it differs from society to society and mentioned the psycho- social effects of violence against children. He explained that children are mostly violated by family members, teachers and generally by those that are close to them and that there is a need for attitudinal change on the way of disciplining children. He stated that no violence against a child can be justified. Hence it is imperative that State Parties and other stakeholders prevent violence against children, and make efforts to enforce the provisions of the UN Convention on the Rights of the Child, as well as the African Charter on the Rights and Welfare of the Child. Seynabou Ndiaye Diakhate- The Chairperson of the African Committee of Experts on the Rights and Welfare of the Child- gave a brief history of the ACRWC. She explained the mandate of the Committee and the mechanisms provided for by the Charter such as the reporting process, communications and investigation procedures. She encouraged CSOs to apply for observer status with the ACERWC and invited them to support the Committeeâs work by providing it with supplementary or alternative reports on the situation and rights of children in their respective countries. She also called for CSOsâ support in disseminating the ACRWC and to generally collaborate together and with the Committee to combat violations of childrenâs rights in Africa. She finally said that collaboration between the various entities is important in order to implement the Call for Accelerated Action and the Plan of Action on Africa Fit for Children. Sheila Keetharuth of the IHRDA described the communications procedure of the ACERWC pursuant to article 44 of the ACRWC. She highlighted the importance of the ACERWC as the only international child rights protection mechanism with a communications procedure. She called for child rights defenders in particular and human rights defenders in general to use the opportunity to present communications, in order to strengthen the ACERWCâs protection mandate. She finally discussed the prospects and challenges for litigation by the ACERWC itself before the yet to be established African Court of Justice and Human Rights. Finally, Commissioner Soyata Maiga, made a presentation on child protection through the special procedures of the ACHPR, with particular reference to the experience of the Special Rapporteur on the Rights of Women in Africa. She highlighted the fact that the Womenâs Protocol also covers the rights of the girl child and some of its Articles (Articles 5, 7, 11, 12, & 20) are specific to girls and young women. However, she added that despite all legal instruments, the attitudes of peoples and communities are not easily changed, especially with regards to issues of harmful traditional and cultural practices, such as FGM on young girls, but also early and forced marriages and said that the effects of divorce on children are not taken seriously by many countries. Furthermore, she stated that the Protocol commits States to protect childrenâs rights. She Finally mentioned the Ouagadougou joint meeting which ran from the 28-30 October 2008, and aimed at ensuring better collaboration and cooperation of AU structures and institutions working in similar areas, which was a good step towards future collaboration between the ACHPR and the ACERWC. Â
Among the outcomes, the group found that it succeeded in raising awareness among other human rights organisations and activists present, on the existence of the African Charter on the Rights and Welfare of the Child and the role of the Expert Committee in charge of monitoring its implementation.
The panel was introduced and facilitated by Adedokun Adeyemi - Human rights Professor and was composed of Dr. Abiola Tilley-Gyado from Plan International; Mr. Cheikh Bamba Diaw from CONAFE Senegal; Mrs. Seynabou Ndiaye Diakhate- Chairperson of the African Committee of Experts on the Rights and Welfare of the Child (ACERWC); Ms. Sheila Keetharuth, from the IHRDA and Commissioner Soyata Maiga, Special Rapporteur on the Rights of Women in Africa.