The African Union (AU) has put in place a robust and comprehensive framework for the promotion and protection of Children’s rights in Africa. This was achieved in 1990 with the adoption of the African Charter on the Rights and Welfare of the Child (African Children’s Charter). The African human rights system is the only regional system that has a child rights instrument. The African Children’s Charter addresses issues that are specific to the African child. The African Children’s Charter entered into force on 29 November 1999. As at the time of conducting this study, the African Children’s Charter had been ratified by 48 African states, whiles even others are yet to ratify same. The African states that are yet to ratify the Charter are: Democratic Republic of Congo, Kingdom of Morocco, Sahrawi Arab Democratic Republic, Republic of Somalia, Republic of São Tomé and Príncipe, Republic of South Sudan, and Republic of Tunisia.
Table of Contents
Chapter one
General introduction
1.1. Background to the study
1.2. Statement of the problem
1.3. Research questions
1.3. Literature review
1.4. Methodology
1.5. Limitations of the study
1.6. Structure
1.7. Clarification of terms
1.7.1. Child
1.7.2. Follow-up
1.7.3. Implementation
1.7.4. Compliance
1.7.5. Communication
Chapter two
Jurisprudential contributions of the communications decided by the African Children’s Committee
2.1. Introduction
2.2. Case of the children of Nubian descent in Kenya
2.3. Northern Uganda case
2.4. Talibe case
2.5. Malawian case
2.6. Conclusion
Chapter three
The African Children’s Committee’s follow-up on the implementation of its decisions on communications
3.1. Introduction
3.2. Legal framework for the African Children’s Committee’s follow-up
3.3. Follow-up measures undertaken by the African Children’s Committee’s
3.3.1. Country visits
3.3.2. Implementation hearings
3.3.3. Forum on implementation of the African Children’s Charter
3.4. Cooperation with CSOs
3.5. Conclusion
Chapter four
Challenges to the African Children’s Committee’s follow-up on the implementation of its decisions on Communications
4.1. Introduction
4.2. Lack of clarity and precision in the African Children’s Committee’s decisions
4.3. Approach adopted during the communications process
4.4. Low level/quality of state representation at implementation hearings
4.5. Lack of child participation
4.6. Weak disaggregated data collection and analysis system
4.7. Collaboration with NHRIs and other national follow-up mechanisms
4.8. Conclusion
Chapter five
Conclusion and recommendations
5.1. Introduction
5.2. Conclusion
5.3. Recommendations
Research Objectives and Themes
The primary objective of this dissertation is to examine the role of the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) in following up on its decisions regarding communications. The research seeks to identify how the committee ensures state compliance with its non-binding recommendations, evaluate current follow-up mechanisms, and propose strategies to enhance their effectiveness in light of implementation challenges.
- Analysis of the jurisprudential contributions of decided communications.
- Evaluation of existing follow-up measures, including country visits and implementation hearings.
- Identification of structural and procedural challenges to effective state compliance.
- Assessment of the role of Civil Society Organisations (CSOs) in the follow-up process.
- Formulation of recommendations to strengthen the committee's protective mandate.
Excerpt from the Book
2.2. Case of the children of Nubian descent in Kenya
The case of the children of Nubian descent in Kenya, the second communication that was submitted to the African Children’s Committee after the Northern Uganda case, makes significant jurisprudential contributions and serves as a strong precedent for the protection of the rights and welfare of the child in Africa. Although this communication was the second to be submitted to African Children’s Committee it was the very first to be decided. This communication was jointly submitted by the Institute for Human Rights and Development in Africa (IHRDA) and the Open Society Justice Initiative (OSJI) on behalf of children of Nubian descent in Kenya against the government of Kenya.
The Nubians in Kenya descended from the Nuba Mountains in Sudan, but today they find themselves in Kenya because of the manipulations of the British colonial administration. IHRDA and OSJI, in their complaint to the African Children’s Committee, alleged that the British colonial authorities allocated the Kibera area in Kenya as settlement for the Nubian descents but this was not accompanied by Kenyan citizenship. The Kenyan authorities have eventually followed this same path by not recognising these Nubian descents as Kenyan citizens.
A major difficulty arising out of this situation has been the inability of Nubian descents in Kenya to register the birth of their children, hence the issue of statelessness. It is clearly indicated on Kenyan birth certificates that ‘[p]ossession of a birth certificate does not constitute proof of nationality’. It follows therefore that the children of Nubian descent in Kenya have the double burden of struggling to overcome the challenges of birth registration, as well as the challenges of acquiring the Kenyan nationality. Consequently many of the children of Nubian descent in Kenya tend to be stateless or risk being stateless.
Summary of Chapters
Chapter one: Introduces the research, outlining the background, the legal mandate of the African Children’s Committee, the research questions, and the methodology used for this qualitative study.
Chapter two: Provides a jurisprudential analysis of the communications decided by the committee, focusing on cases like the Nubian descent children and the Talibe children to demonstrate the committee's protective mandate.
Chapter three: Examines the mechanisms used by the committee for follow-up, specifically country visits, implementation hearings, and the role of cooperation with CSOs in ensuring compliance.
Chapter four: Identifies the core challenges to the follow-up process, including vague recommendations, lack of state political will, and the absence of a standardized, institutionalized system for monitoring decisions.
Chapter five: Concludes the dissertation by summarizing findings and offering strategic recommendations to improve the effectiveness of the committee’s follow-up process and state implementation.
Keywords
African Children’s Committee, ACERWC, Child Rights, Communications, Follow-up, Implementation, Compliance, Nubian Descent, Talibe Children, Northern Uganda, Human Rights Jurisprudence, State Responsibility, Political Will, CSOs, Advocacy.
Frequently Asked Questions
What is the core focus of this dissertation?
This work examines the role the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) plays in following up on its decisions regarding communications filed against state parties.
What are the primary thematic areas?
The research explores the committee’s protective mandate, the jurisprudential value of its decisions, the methods it uses for follow-up, and the specific challenges that prevent effective implementation.
What is the central research question?
The main question is what role the ACERWC is currently taking regarding the follow-up of its decisions on communications, and how this role can be improved to ensure better state compliance.
Which methodology is employed in this research?
This is a qualitative study based on a desk-based review of secondary data, including legal instruments, previous committee decisions, journal articles, and reports.
What does the main body cover?
The body analyzes the jurisprudential impact of specific cases, evaluates current follow-up tools like country visits and hearings, and highlights systemic barriers to implementation, such as the lack of an institutionalized strategy.
What are the key descriptive terms for this research?
The work is characterized by terms such as child rights protection, state compliance, follow-up mechanisms, and jurisprudential precedent within the African human rights system.
Why is the Nubian descent case considered significant?
It is significant because it established a strong precedent for children's right to nationality and highlighted the direct link between birth registration and the enjoyment of other fundamental human rights.
How does the amicable settlement in the Malawian case differ from other procedures?
Unlike the standard contentious proceedings used in other cases, the Malawian case was resolved through a negotiated amicable settlement, which facilitated prompt constitutional reform regarding the age of childhood.
What is the "implementation crisis" mentioned in the research?
It refers to the widespread difficulty faced by regional human rights mechanisms in ensuring that their decisions lead to actual, tangible changes in national laws and policies on the ground.
- Arbeit zitieren
- Ulrike Kahbila Mbuton (Autor:in), 2017, The role of the African Committee of Experts on the Rights and Welfare of the Child in the follow-up of its decisions on communications, München, GRIN Verlag, https://www.grin.com/document/489790
