Child Soldiers and the Law
African Charter on the Rights and
Welfare of the Child
OAU Doc.
CAB/LEG/24.9/49 (1990), entered into force Nov. 29, 1999
[also in PDF]
PREAMBLE
The African Member States of the Organization of African Unity,
Parties to the present Charter entitled 'African Charter on the
Rights and Welfare of the Child',
CONSIDERING that the Charter of the Organization of African Unity
recognizes the paramountcy of Human Rights and the African Charter
on Human and People's Rights proclaimed and agreed that everyone is
entitled to all the rights and freedoms recognized and guaranteed
therein, without distinction of any kind such as race, ethnic group,
colour. sex, language, religion, political or any other opinion,
national and social origin, fortune, birth or other status,
RECALLING the Declaration on the Rights and WeLfare of the
African Child (AHG/ST.4 Rev.l) adopted by the Assembly of Heads of
State and Government of the Organization of African Unity, at its
Sixteenth Ordinary Session in Monrovia, Liberia. from 17 to 20 July
1979, recognized the need to take appropriate measures to promote
and protect the rights and welfare of the African Child,
NOTING WITH CONCERN that the situation of most African children,
remains critical due to the unique factors of their socio-economic,
cultural, traditional and developmental circumstances, natural
disasters, armed conflicts, exploitation and hunger, and on account
of the child's physical and mental immaturity he/she needs special
safeguards and care,
RECOGNIZING that the child occupies a unique and privileged
position in the African society and that for the full and harmonious
development of his personality. the child should grow up in a family
environment in an atmosphere of happiness, love and understanding,
RECOGNIZING that the child, due to the needs of his physical and
mental development requires particular care with regard to health,
physical, mental, moral and social development. and requires legal
protection in conditions of freedom, dignity and security,
TAKING INTO CONSIDERATION the virtues of their cultural heritage,
historical background and the values of the African civilization
which should inspire and characterize their reflection on the
concept of the rights and welfare of the child,
CONSIDERING that the promotion and protection of the rights and
welfare of the child also implies the performance of duties on the
part of everyone,
REAFFIRMING ADHERENCE Lo the principles of the rights and welfare
of the child contained in the declaration, conventions and other
instruments of the Organization of African Unity and in the United
Nations and in particular the United Nations Convention on the
Rights of the Child; and the OAU Heads of State and Government's
Declaration on the Rights and Welfare of the African Child.
HAVE AGREED AS FOLLOWS:
PART 1: RIGHTS AND DUTIES CHAPTER
ONE: RIGHTS AND WELFARE OF THE CHILD
Article 1: Obligation of States Parties
1. Member States of the Organization of African Unity Parties to
the present Charter shall recognize the rights, freedoms and duties
enshrined in this Charter and shall undertake to the necessary
steps, in accordance with their Constitutional processes and with
the provisions of the present Charter, to adopt such legislative or
other measures as may be necessary to give effect to the provisions
of this Charter.
2. Nothing in this Charter shall affect any provisions that are
more conductive to the realization of the rights and welfare of the
child contained in the law of a State Party or in any other
international Convention or agreement in force in that State.
3. Any custom, tradition, cultural or religious practice that is
inconsistent with the rights, duties and obligations contained in
the present Charter shall to the extent of such inconsistency be
discouraged.
Article 2: Definition of a Child
Article 3: Non-Discrimination
Every child shall be entitled to the enjoyment of the rights and
freedoms recognized and guaranteed in this Charter irrespective of
the child's or his/her parents' or legal guardians' race, ethnic
group, colour, sex, language, religion, political or other opinion,
national and social origin, fortune, birth or other status.
Article 4: Best Interests of the Child
1. In all actions concerning the child undertaken by any person
or authority the best interests of the child shall be the primary
consideration.
2. In all judicial or administrative proceedings affecting a
child who is capable of communicating his/her own views, and
opportunity shall be provided for the views of the child to be heard
either directly or through an impartial representative as a party to
the proceedings. and those views shall be taken into consideration
by the relevant authority in accordance with the provisions of
appropriate law.
Article 5: Survival and Development
1. Every child has an inherent right to life. This right shall be
protected by law.
2. States Parties to the present Charter shall ensure, to the
maximum extent possible, the survival, protection and development of
the child.
3. Death sentence shall not be pronounced for crimes committed by
children.
Article 6: Name and Nationality
1. Every child shall have the right from his birth no a name.
2. Every child shall be registered immediately after birth.
3. Every child has the right to acquire a nationality.
4. States Parties to the present Charter shall undertake to
ensure that their Constitutional legislation recognize the
principles according to which a child shall acquire the nationality
of the State in the territory of which he has been born if, at the
time of the child's birth. he is not granted nationality by any
other State in accordance with its laws.
Article 7: Freedom of Expression
Every child who is capable of communicating his or her own views
shall be assured the rights to express his opinions freely in all
matters and to disseminate his opinions subject to such restrictions
as are prescribed by laws.
Article 8: Freedom of Association
Every child shall have the right to free association and freedom
of peaceful assembly in conformity with the law.
Article 9: Freedom of Thought, Conscience and Religion
1. Every child shall have the right to freedom of thought
conscience and religion.
2. Parents. and where applicable, legal guardians shall have a
duty to provide guidance and direction in the exercise of these
rights having regard to the evolving capacities, and best interests
of the child.
3. States Parties shall respect the duty of parents and where
applicable, legal guardians to provide guidance and direction in the
enjoyment of these rights subject to the national laws and policies.
Article 10: Protection of Privacy
No child shall be subject to arbitrary or unlawful interference
with his privacy, family home or correspondence, or to the attacks
upon his honour or reputation, provided that parents or legal
guardians shall have the right to exercise reasonable supervision
over the conduct of their children. The child has the right to the
protection of the law against such interference or attacks.
Article 11: Education
1. Every child shall have the right to an education.
2. The education of the child shall be directed to:
(a) the promotion and development of the child's personality,
talents and mental and physical abilities to their fullest
potential;
(b) fostering respect for human rights and fundamental
freedoms with particular reference to those set out in the
provisions of various African instruments on human and peoples'
rights and international human rights declarations and
conventions;
(c) the preservation and strengthening of positive African
morals, traditional values and cultures;
(d) the preparation of the child for responsible life in a
free society, in the spirit of understanding tolerance,
dialogue, mutual respect and friendship among all peoples
ethnic, tribal and religious groups;
(e) the preservation of national independence and territorial
integrity;
(f) the promotion and achievements of African Unity and
Solidarity;
(g) the development of respect for the environment and
natural resources;
(h) the promotion of the child's understanding of primary
health care.
3. States Parties to the present Charter shall take all
appropriate measures with a view to achieving the full realization
of this right and shall in particular:
(a) provide free and compulsory basic education:
(b) encourage the development of secondary education in its
different forms and to progressively make it free and accessible
to all;
(c) make the higher education accessible to all on the basis
of capacity and ability by every appropriate means;
(d) take measures to encourage regular attendance at schools
and the reduction of drop-out rates;
(e) take special measures in respect of female, gifted and
disadvantaged children, to ensure equal access to education for
all sections of the community.
4. States Parties to the present Charter shall respect the rights
and duties of parents, and where applicable, of legal guardians to
choose for their children's schools, other than those established by
public authorities, which conform to such minimum standards may be
approved by the State, to ensure the religious and moral education
of the child in a manner with the evolving capacities of the child.
5. States Parties to the present Charter shall take all
appropriate measures to ensure that a child who is subjected to
schools or parental discipline shall be treated with humanity and
with respect for the inherent dignity of the child and in conformity
with the present Charter.
6. States Parties to the present Charter shall have all
appropriate measures to ensure that children who become pregnant
before completing their education shall have an opportunity to
continue with their education on the basis of their individual
ability.
7. No part of this Article shall be construed as to interfere
with the liberty of individuals and bodies to establish and direct
educational institutions subject to the observance of the principles
set out in paragraph I of this Article and the requirement teal the
education given in such institutions shall conform to such minimum
standards as may be laid down by the States .
Article 12: Leisure, Recreation and Cultural Activities
1. States Parties recognize the right of the child to rest and
leisure, to engage in play and recreational activities appropriate
to the age of the child and to participate freely in cultural life
and the arts.
2. States Parties shall respect and promote the right of the
child to fully participate in cultural and artistic life and shall
encourage the provision of appropriate and equal opportunities for
cultural, artistic, recreational and leisure activity.
Article 13: Handicapped Children
1. Every child who is mentally or physically disabled shall have
the right to special measures of protection in keeping with his
physical and moral needs and under conditions which ensure his
dignity, promote his self-reliance and active participation in the
community.
2. States Parties to the present Charter shall ensure, subject to
available resources, to a disabled child and to those responsible
for his care, of assistance for which application is made and which
is appropriate to the child's condition and in particular shall
ensure that the disabled child has effective access to training,
preparation for employment and recreation opportunities in a manner
conducive to the child achieving the fullest possible social
integration, individual development and his cultural and moral
development.
3. The States Parties to the present Charter shall use their
available resources with a view to achieving progressively the full
convenience of the mentally and physically disabled person to
movement and access to public highway buildings and other places to
which the disabled may legitimately want to have access to.
Article 14: Health and Health Services
1. Every child shall have the right to enjoy the best attainable
state of physical, mental and spiritual health.
2. States Parties to the present Charter shall undertake to
pursue the full implementation of this right and in particular shall
take measures:
(a) to reduce infant and child morality rate;
(b) to ensure the provision of necessary medical assistance
and health care to all children with emphasis on the development
of primary health care;
(c) to ensure the provision of adequate nutrition and safe
drinking water;
(d) to combat disease and malnutrition within the framework
of primary health care through the application of appropriate
technology;
(e) to ensure appropriate health care for expectant and
nursing mothers;
(f) to develop preventive health care and family life
education and provision of service;
(g) to integrate basic health service programmes in national
development plans;
(h) to ensure that all sectors of the society, in particular,
parents, children, community leaders and community workers are
informed and supported in the use of basic knowledge of child
health and nutrition, the advantages of breastfeeding, hygiene
and environmental sanitation and the prevention of domestic and
other accidents;
(i) to ensure the meaningful participation of
non-governmental organizations, local communities and the
beneficiary population in the planning and management of a basic
service programme for children;
(j) to support through technical and financial means, the
mobilization of local community resources in the development of
primary health care for children.
Article 15: Child Labour
1. Every child shall be protected from all forms of economic
exploitation and from performing any work that is likely to be
hazardous or to interfere with the child's physical, mental,
spiritual, moral, or social development.
2. States Parties to the present Charter take all appropriate
legislative and administrative measures to ensure the full
implementation of this Article which covers both the formal and
informal sectors of employment and having regard to the relevant
provisions of the International Labour Organization's instruments
relating to children, States Parties shall in particular:
(a) provide through legislation, minimum wages for admission
to every employment;
(b) provide for appropriate regulation of hours and
conditions of employment;
(c) provide for appropriate penalties or other sanctions to
ensure the effective enforcement of this Article;
(d) promote the dissemination of information on the hazards
of child labour to all sectors of the community.
Article 16: Protection Against Child Abuse and Torture
1. States Parties to the present Charter shall take specific
legislative, administrative, social and educational measures to
protect the child from all forms of torture, inhuman or degrading
treatment and especially physical or mental injury or abuse, neglect
or maltreatment including sexual abuse, while in the care of the
child.
2. Protective measures under this Article shall include effective
procedures for the establishment of special monitoring units to
provide necessary support for the child and for those who have the
care of the child, as well as other forms of prevention and for
identification, reporting referral investigation, treatment, and
follow-up of instances of child abuse and neglect.
Article 17: Administration of Juvenile Justice
1. Every child accused or found guilty of having infringed penal
law shall have the right to special treatment in a manner consistent
with the child's sense of dignity and worth and which reinforces the
child's respect for human rights and fundamental freedoms of others.
2. States Parties to the present Charter shall in particular:
(a) ensure that no child who is detained or imprisoned or
otherwise deprived of his/her liberty is subjected to torture,
inhuman or degrading treatment or punishment;
(b) ensure that children are separated from adults in their
place of detention or imprisonment;
(c) ensure that every child accused in infringing the penal
law:
(i) shall be presumed innocent until duly recognized
guilty;
(ii) shall be informed promptly in a language that he
understands and in detail of the charge against him, and
shall be entitled to the assistance of an interpreter if he
or she cannot understand the language used;
(iii) shall be afforded legal and other appropriate
assistance in the preparation and presentation of his
defence;
(iv) shall have the matter determined as speedily as
possible by an impartial tribunal and if found guilty, be
entitled to an appeal by a higher tribunal;
(d) prohibit the press and the public from trial.
3. The essential aim of treatment of every child during the trial
and also if found guilty of infringing the penal law shall be his or
her reformation, re-integration into his or her family and social
rehabilitation.
4. There shall be a minimum age below which children shall be
presumed not to have the capacity to infringe the penal law.
Article 18: Protection of the Family
1. The family shall be the natural unit and basis of society. it
shall enjoy the protection and support of the State for its
establishment and development.
2. States Parties to the present Charter shall take appropriate
steps to ensure equality of rights and responsibilities of spouses
with regard to children during marriage and in the even of its
dissolution. In case of the dissolution, provision shall be made for
the necessary protection of the child.
3. No child shall be deprived of maintenance by reference to the
parents' marital status.
Article 19: Parent Care and Protection
1. Every child shall be entitled to the enjoyment of parental
care and protection and shall, whenever possible, have the right to
reside with his or her parents. No child shall be separated from his
parents against his will, except when a judicial authority
determines in accordance with the appropriate law, that such
separation is in the best interest of the child.
2. Every child who is separated from one or both parents shall
have the right to maintain personal relations and direct contact
with both parents on a regular basis.
3. Where separation results from the action of a State Party, the
State Party shall provide the child, or if appropriate, another
member of the family with essential information concerning the
whereabouts of the absent member or members of the family. States
Parties shall also ensure that the submission of such a request
shall not entail any adverse consequences for the person or persons
in whose respect it is made.
4. Where a child is apprehended by a State Party, his parents or
guardians shall, as soon as possible, be notified of such
apprehension by that State Party.
Article 20: Parental Reponsibilities
1. Parents or other persons responsible for the child shall have
the primary responsibility of the upbringing and development the
child and shall have the duty:
(a) to ensure that the best interests of the child are their
basic concern at all times-
(b) to secure, within their abilities and financial
capacities, conditions of living necessary to the child's
development; and
(c) to ensure that domestic discipline is administered winh
humanity and in a manner consistent with the inherent dignity of
the child.
2. States Parties to the present Charter shall in accordance with
their means and national conditions the all appropriate measures;
(a) to assist parents and other persons responsible for the
child and in case of need provide material assistance and
support programmes particularly with regard to nutrition,
health, education, clothing and housing;
(b) to assist parents and others responsible for the child in
the performance of child-rearing and ensure the development of
institutions responsible for providing care of children; and
(c) to ensure that the children of working parents are
provided with care services and facilities.
Article 21: Protection against Harmful Social and Cultural
Practices
1. States Parties to the present Charter shall take all
appropriate measures to eliminate harmful social and cultural
practices affecting the welfare, dignity, normal growth and
development of the child and in particular:
(a) those customs and practices prejudicial to the healthor
life of the child; and
(b) those customs and practices discriminatory to the child
on the grounds of sex or other status.
2. Child marriage and the betrothal of girls and boys shall be
prohibited and effective action, including legislation, shall be
taken to specify the minimum age of marriage to be 18 years and make
registration of all marriages in an official registry compulsory.
Article 22: Armed Conflicts
1. States Parties to this Charter shall undertake to respect and
ensure respect for rules of international humanitarian law
applicable in armed conflicts which affect the child.
2. States Parties to the present Charter shall take all necessary
measures to ensure that no child shall take a direct part in
hostilities and refrain in particular, from recruiting any child.
3. States Parties to the present Charter shall, in accordance
with their obligations under international humanitarian law, protect
the civilian population in armed conflicts and shall take all
feasible measures to ensure the protection and care of children who
are affected by armed conflicts. Such rules shall also apply to
children in situations of internal armed conflicts, tension and
strife.
Article 23: Refugee Children
1. States Parties to the present Charter shall take all
appropriate measures to ensure that a child who is seeking refugee
status or who is considered a refugee in accordance with applicable
international or domestic law shall, whether unaccompanied or
accompanied by parents, legal guardians or close relatives, receive
appropriate protection and humanitarian assistance in the enjoyment
of the rights set out in this Charter and other international human
rights and humanitarian instruments to which the States are Parties.
2. States Parties shall undertake to cooperate with existing
international organizations which protect and assist refugees in
their efforts to protect and assist such a child and to trace the
parents or other close relatives or an unaccompanied refugee child
in order to obtain information necessary for reunification with the
family.
3. Where no parents, legal guardians or close relatives can be
found, the child shall be accorded the same protection as any other
child permanently or temporarily deprived of his family environment
for any reason.
4. The provisions of this Article apply mutatis mulandis to
internally displaced children whether through natural disaster,
intemal armed conflicts, civil strife, breakdown of economic and
social order or howsoever caused.
Article 24: Adoption
States Parties which recognize the system of adoption shall
ensure that the best interest of the child shall be the paramount
consideration and they shall:
(a) establish competent authorities to determine matters of
adoption and ensure that the adoption is canied out in
conformity with applicable laws and procedures and on the basis
of all relevant and reliable information. that the adoption is
permissible in view of the child's status concerning parents,
relatives and guardians and that. if necessary, the appropriate
persons concerned have given their informed consent to the
adoption on the basis of appropriate counselling;
(b) recognize that inter-country adoption in those States who
have ratified or adhered to the Intemational Convention on the
Rights of the Child or this Charter. may. as the last resort, be
considered as an alternative means of a child's care, if the
child cannot be placed in a foster or an adoptive family or
cannot in any suitable manner be cared for in the child's
country of origin;
(c) ensure that the child affected by inter-country adoption
enjoys safeguards and standards equivalent to those existing in
the case of national adoption;
(d) take all appropriate measures to ensure that in
inter-country adoption, the placement does not result in
trafficking or improper financial gain for those who try to
adopt a child;
(e) promote, where appropriate, the objectives of this
Article by concluding bilateral or multilateral arrangements or
agreements, and endeavour, within this framework to ensure that
the placement of the child in another country is carried out by
competent authorities or organs;
(f) establish a machinery to monitor the well-being of the
adopted child.
Article 25: Separation from Parents
1. Any child who is permanently or temporarily deprived of his
family environment for any reason shall be entitled to special
protection and assistance;
2. States Parties to the present Charter:
(a) shall ensure that a child who is parentless, or who is
temporarily or permanently deprived of his or her family
environment, or who in his or her best interest cannot be
brought up or allowed to remain in that environment shall be
provided with alternative family care, which could include,
among others. foster placement, or placement in suitable
institutions for the care of children;
(b) shall take all necessary measures to trace and re-unite
children with parents or relatives where separation is caused by
internal and external displacement arising from armed conflicts
or natural disasters.
3. When considering alternative family care of the child and the
best interests of the child, due regard shall be paid to the
desirability of continuity in a child's up-bringing and to the
child's ethnic, religious or linguistic background.
Article 26: Protection Against Apartheid and Discrimination
1. States Parties to the present Charter shall individually and
collectively undertake to accord the highest priority to the special
needs of children living under Apartheid and in States subject to
military destabilization by the Apartheid regime.
2. States Parties to the present Charter shall individually and
collectively undertake to accord the highest priority to the special
needs of children living under regimes practising racial, ethnic.
religious or other forms of discrimination as well as in States
subject to military destabilization.
3. States Parties shall undertake to provide whenever possible,
material assistance to such children and to direct their efforts
towards the elimination of all forms of discrimination and Apartheid
on the African Continent.
Article 27: Sexual Exploitation
1. States Parties to the present Charter shall undertake to
protect the child from all forms of sexual exploitation and sexual
abuse and shall in particular take measures to prevent:
(a) the inducement, coercion or encouragement of a child to
engage in any sexual activity;
(b) the use of children in prostitution or other sexual
practices;
(c) the use of children in pornographic activities,
performances and materials.
Article 28: Drug Abuse
States Parties to the present Charter shall take all appropriate
measures to protect the child from the use of narcotics and illicit
use of psychotropic substances as defined in the relevant
international treaties, and to prevent the use of children in the
production and trafficking of such substances.
Article 29: Sale, Trafficking and Abduction
States Parties to the present Charter shall take appropriate
measures to prevent:
(a) the abduction, the sale of, or traffick in children for
any purpose or in any form, by any person including parents or
legal guardians of the child;
(b) the use of children in all forms of begging.
Article 30: Children of Imprisoned Mothers
1. States Parties to the present Charter shall undertake to
provide special treatment to expectant mothers and to mothers of
infants and young children who have been accused or found guilty of
infringing the penal law and shall in particular:
(a) ensure that a non-custodial sentence will always be first
considered when sentencing such mothers;
(b) establish and promote measures alternative to
institutional confinement for the treatment of such mothers;
(c) establish special alternative institutions for holding
such mothers;
(d) ensure that a mother shall not be imprisoned with her
child;
(e) ensure that a death sentence shall not be imposed on such
mothers;
(f) the essential aim of the penitentiary system will be the
reformation, the integration of the mother to the family and
social rehabilitation.
Article 31: Responsibility of the Child
Every child shall have responsibilities towards his family and
society, the State and other legally recognized communities and the
international community. The child, subject to his age and ability,
and such limitations as may be contained in the present Charter,
shall have the duty;
(a) to work for the cohesion of the family, to respect his
parents, superiors and elders at all times and to assist them in
case of need;
(b) to serve his national community by placing his physical
and intellectual abilities at its service;
(c) to preserve and strengthen social and national
solidarity;
(d) to preserve and strengthen African cultural values in his
relations with other members of the society, in the spirit of
tolerance, dialogue and consultation and to contribute to the
moral well-being of society;
(e) to preserve and strengthen the independence and the
integrity of his country;
(f) to contribute to the best of his abilities. at all times
and at all levels, to the promotion and achievement of African
Unity.
PART 11
CHAPTER TWO: ESTABLISHMENT AND ORGANIZATION OF THE
COMMITTEE ON THE RIGHTS AND WELFARE OF THE CHILD
Article 32: The Committee
An African Committee of Experts on the Rights and Welfare of the
Child hereinafter called `the Committee' shall be established within
the Organization of African Unity to promote and protect the rights
and welfare of the child.
Article 33: Composition
1. The Committee shall consist of 11 members of high moral
standing, integrity, impartiality and competence in matters of the
rights and welfare of the child.
2. The members of the Committee shall serve in their personal
capacity.
3. The Committee shall not include more than one national of the
same State.
Article 34: Election
As soon as this Charter shall enter into force the members of the
Committee shall be elected by secret ballot by the Assembly of Heads
of State and Government from a list of persons nominated by the
States Parties to the present Charter.
Article 35: Candidates
Each State Party to the present Charter may nominate not more
than two candidates. The candidates must have one of the
nationalities of the States Parties to the present Charter. When two
candidates are nominated by a State, one of them shall not be a
national of that State.
Article 36
1. The Secretary-General of the Organization of African Unity
shall invite States Parties to the present Charter to nominate
candidates at least six months before the elections.
2. The Secretary-General of the Organization of African Unity
shall draw up in alphabetical order, a list of persons nominated and
communicate it to the Heads of State and Government at least two
months before the elections.
Article 37: Term of Office
1. The members of the Committee shall be elected for a term of
five years and may not be re-elected, however. the term of four of
the members elected at the first election shall expire after two
years and the term of six others, after four years.
2. Immediately after the first election, the Chairman of the
Assembly of Heads of State and Government of the Organization of
African Unity shall draw lots to determine the names of those
members referred to in sub-paragraph 1 of this Article.
3. The Secretary-General of the Organization of African Unity
shall convene the first meeting of Committee at the Headquarters of
the Organization within six months of the election of the members of
the Committee, and thereafter the Committee shall be convened by its
Chairman whenever necessary, at least once a year.
Article 38: Bureau
1. The Committee shall establish its own Rules of Procedure.
2. The Committee shall elect its officers for a period of two
years.
3. Seven Committee members shall form the quorum.
4. In case of an equality of votes, the Chairman shall have a
casting vote.
5. The working languages of the Committee shall be the official
languages of the OAU.
Article 39: Vacancy
If a member of the Committee vacates his office for any reason
other than the normal expiration of a term, the State which
nominated that member shall appoint another member from among its
nationals to serve for the remainder of the term - subject to the
approval of the Assembly.
Article 40: Secretariat
The Secretary-General of the Organization of African Unity shall
appoint a Secretary for the Committee.
Article 41: Privileges and Immunities
In discharging their duties. members of the Committee shall enjoy
the privileges and immunities provided for in the General Convention
on the Privileges and Immunities of the Organization of Afncan
Unity.
CHAPTER THREE: MANDATE AND PROCEDURE OF THE COMMITTEE
Article 42: Mandate
The functions of the Committee shall be:
(a) To promote and protect the rights enshrined in this
Charter and in particular to:
(i) collect and document information, commission
inter-disciplinary assessment of situations on African
problems in the fields of the rights and welfare of the
child, organize meetings, encourage national and local
institutions concerned with the rights and welfare of the
child, and where necessary give its views and make
recommendations to Governments;
(ii) formulate and lay down principles and rules aimed at
protecting the rights and welfare of children in Africa;
(iii) cooperate with other African, international and
regional Institutions and organizations concerned with the
promotion and protection of the rights and welfare of the
child.
(b) To monitor the implementation and ensure protection of
the rights enshrined in this Charter.
(c) To interpret the provisions of the present Charter at the
request of a State Party, an Institution of the Organization of
African Unity or any other person or Institution recognized by
the Organization of African Unity, or any State Party.
(d) Perform such other task as may be entrusted to it by the
Assembly of Heads of State and Government, Secretary-General of
the OAU and any other organs of the OAU or the United Nations.
Article 43: Reporting Procedure
1. Every State Party to the present Charter shall undertake to
submit to the Committee through the Secretary-General of the
Organization of African Unity, reports on the measures they have
adopted which give effect to the provisions of this Charter and on
the progress made in the enjoyment of these rights:
(a) within two years of the entry into force of the Charter
for the State Party concerned: and
(b) and thereafter, every three years.
2. Every report made under this Article shall:
(a) contain sufficient information on the implementation of
the present Charter to provide the Committee with comprehensive
understanding of the implementation of the Charter in the
relevant country; and
(b) shall indicate factors and difficulties, if any,
affecting the fullfilment of the obligations contained in the
Charter.
3. A State Party which has submitted a comprehensive first report
to the Committee need not, in its subsequent reports submitted in
accordance with paragraph I (a) of this Article, repeat the basic
information previously provided.
Article 44: Communications
1. The Committee may receive communication, from any person,
group or non-governmental organization recognized by the
Organization of African Unity, by a Member State, or the United
Nations relating to any matter covered by this Charter.
2. Every communication to the Committee shall contain the name
and address of the author and shall be treated in confidence.
Article 45: Investigations by the Committee
1. The Committee may, resort to any appropriate method of
investigating any matter falling within the ambit of the present
Charter, request from the States Parties any information relevant to
the implementation of the Charter and may also resort to any
appropriate method of investigating the measures the State Party has
adopted to implement the Charter.
2. The Committee shall submit to each Ordinary Session of the
Assembly of Heads of State and Govenrment every two years, a report
on its activities and on any communication made under Article [44]
of this Charter.
3. The Committee shall publish its report after it has been
considered by the Assembly of Heads of State and Government.
4. States Parties shall make the Committee's reports widely
available to the public in their own countries.
CHAPTER FOUR: MISCELLANEOUS PROVISIONS
Article 46: Sources of Inspiration
The Committee shall draw inspiration from International Law on
Human Rights, particularly from the provisions of the African
Charter on Human and Peoples' Rights, the Charter of the
Organization of African Unity, the Universal Declaration on Human
Rights, the International Convention on the Rights of the Child, and
other instruments adopted by the United Nations and by African
countries in the field of human rights. and from African values and
traditions.
Article 47: Signature, Ratification or Adherence
1. The present Charter shall be open to signature by all the
Member States of the Organization of Afncan Unity.
2. The present Charter shall be subject to ratification or
adherence by Member States of the Organization of African Unity. The
instruments of ratification or adherence to the present Charter
shall be deposited with the Secretary-General of the Organization of
African Unity.
3. The present Charter shall come into force 30 days after the
reception by the Secretary-General of the Organization of African
Unity of the instruments of ratification or adherence of 15 Member
States of the Organization of African Unity.
Article 48: Amendment and Revision of the Charter
1. The present Charter may be amended or revised if any State
Party makes a written request to that effect to the
Secretary-General of the Organization of African Unity, provided
that the proposed amendment is not submitted to the Assembly of
Heads of State and Government for consideration until all the States
Parties have been duly notified of it and the Committee has given
its opinion on the amendment.
2. An amendment shall be approved by a simple majority of the
States Parties.
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