The Prohibition of Torture and Ill-treatment in the African Human Rights System:
A HANDBOOK FOR VICTIMS AND THEIR ADVOCATES
up of 11 members elected by the Assembly of Heads of State and Government of the
African Union, who may serve a term of 5 years and are not eligible for re-election.290
The African Children’s Rights Committee has received only individual complaints:
one relating to the discrimination and violation of the right to nationality of children of Nubian descent in Africa, and another concerning the situation of children
in Northern Uganda. The Committee has not yet issued its decision in the latter.
The case of Institute for Human Rights and Development in Africa and Open Society Justice
Initiative (on behalf of children of Nubian descent in Kenya) v. Kenya alleged violations of
rticles 3, 6, 11(3) and 14, and did not address issues relating to torture outlined above.291
The Committee is also mandated to receive and review State party reports regarding the implementation of the ACRWC. As mentioned above, as of November 2013,
the Committee had received 14 State party reports, and provided recommendations
for eight.292 This is rather paltry when considering that 46 African countries have
ratified the ACRWC.
Under Article 45 of the ACRWC, the Committee is also mandated to undertake
investigative missions to States parties to document the situation of the rights
of the child in the State, and to make recommendations to the State concerned.
Subsequent to such missions, the Committee prepares a report detailing its investigation and setting out the recommendations. The report is then submitted to
the African Union Executive Council, the Permanent Representatives’ Committee
and the African Union Assembly. Once it has been adopted by the Assembly, the
report may be made publicly available. There is also a follow-up procedure whereby
States Parties may be asked to present a written reply outlining any steps taken to
implement the recommendations of the Committee. The Committee undertook its
first investigative mission in 2005 in Northern Uganda.
The Committee has also commissioned several studies to clarify the scope, meaning and content of specific provisions within the ACRWC. For example, it commissioned research on the ‘Best Interest of the Child’ principle and Article 31 of the
Charter, the findings of which were presented during the 10th and 12th Sessions
of the Committee in November 2007 and May 2008 respectively.
290 Members of the Committee of Experts on the Rights and Welfare of the Child as of November 2013
are: Mme Fatima Delladj-Sebba (Algeria); Mr Cyprien Adébayo Yanclo (Benin); Mrs Agnès Kabore
Ouattara (Burkina Faso); Dr Benyam Dawit Mezmur (Ethiopia); Mme Amal Muhammad al-Hanqari
(Libya); Mr Andrianirainy Rasamoely; Mrs Maryam Uwais (Nigeria); Mme Felicité Muhimpundu
(Rwanda); Prof. Judith Sloth-Nielsen (South Africa); Mr Clement Julius Mashamba (Tanzania); and
Justice Alfas M. Chitakunye (Zimbabwe).
291 ACERWC, Institute for Human Rights and Development in Africa and Open Society Justice Initiative (on behalf
of children of Nubian descent in Kenya) v. Kenya, Comm. No. 002/2009.
292 To view the reports submitted to date, please see: http://acerwc.org/member-states/state-reports/.
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