256:
92:
association, peaceful assembly, thought, religion, and conscience. It aims to protect the private life of the child and safeguard the child against all forms of economic exploitation and against work that is hazardous, interferes with the child's education, or compromises his or her health or physical, social, mental, spiritual, and moral development. It calls for protection against abuse and bad treatment, negative social and cultural practices, all forms of exploitation or sexual abuse, including
597:
identify issues for further discussion with the state and request for any other information that may help when considering the report. Other organisations, civil society organisations, UN groups, who have contributed alternative reports or who are considered relevant may be invited to attend the session on an informal basis. This is where civil society organisations can bring information to the process. A pre-sessional report is produced after this meeting.
268:
244:
336:
provisions of the
Children's Charter as well as the progress achieved regarding how the rights are being protected. The final protective function of the Committee of Experts is related to the investigations procedure. They are empowered to resort to any appropriate method of investigation in respect of any issue covered in the Children's Charter.
84:, including economic and sexual exploitation, gender discrimination in education and access to health, and their involvement in armed conflict. Other factors affecting African children include migration, early marriage, differences between urban and rural areas, child-headed households, street children and poverty. Furthermore, child workers in
789:
Once the mission has finished its investigation, it has to release a preliminary result to the government and the media in the country of investigation. A final report is then prepared which incorporates the mission's recommendations. This mission report must be attached to the progress report of the
148:
Tackling specific
African issues that affect children. For example, it called for the confrontation and abolishment of apartheid and similar systems; and although, apartheid is now over, this provision is still applicable to children living under regimes practicing ethnic, religious or other forms of
768:
The work on the complaint is confidential and is held in closed session debates. Once a decision has been taken, a communication is sent to the country's state department. A member on the
Committee of Experts is designated to follow up and coordinate the process. Once the process has been completed,
564:
Ideally it should be a comprehensive report that includes input from the state, civil society and other recognised bodies at the regional, continental, international levels. But usually, the state report doesn't include much information from civil society. So civil society organisations can submit a
526:
The rule of pendency & appropriate bodies: Cases cannot be tried or investigated at the same time in two or more human rights bodies. Thus once a case has been brought before the
Committee of Experts, it has to remain there until the legal process has been exhausted. The problem is that it takes
797:
The country's response should also include information on any measures in reaction to the recommendations made by the
Committee after the mission. Civil society organisations and ‘specialised institutions’ like children's civil society organisations could also be requested to provide information on
785:
To ensure the investigative mission team has background knowledge of the situation, a preliminary report according to certain guidelines and based on available information is prepared before each investigation. The mission will meet with available state and non-state organisations and people in the
781:
Investigations may be initiated because the
Committee of Experts has received a communication indicating a serious violation. Investigation missions can be initiated either by a state referring a matter to the Committee of Experts, or the committee can undertake its own investigations, although the
638:
Civil society organisations and international institutions have played a significant role in the work of the
Committee of Experts and they have served as the backbone of the committee's work since inception. International non-governmental organizations have been particularly involved in the work of
596:
Once the State Party and
Alternative reports have been finalised, they are submitted to AU Secretariat for translation into the other working languages (English, French, Portuguese and Arabic). Then different Committee of Expert members review the report in a pre-sessional working group in order to
530:
Other problems: Other important setback identified are the constant lack of legal counsel present at sessions of the
Committee to give legal guidance on decisions being taken by the Committee; lack of coordinated cooperation and communication between the African Commission and the Committee and the
335:
The
Committee of Experts meets twice each year, usually in May and November in Addis Ababa, Ethiopia. The exact dates depend on other items on the AU agenda around these times. They are empowered to receive and examine the country ("state") reports on the measures they have adopted to implement the
642:
Although civil society organisation involvement was minimal in the beginning, over the intervening years they have since taken a pivotal role in ensuring that the committee fulfills its mandate and in providing the necessary support needed to facilitate its work. The adoption of the guidelines for
522:
Non-state reporting: A look at states’ reporting history to the Committee of Experts also shows non-commitment by countries to fulfil their treaty obligations in respect of the Children's Charter. The responsibility for preparing and submitting country reports differ from country to country, which
540:
Countries which have ratified the Children's Charter must submit initial reports within two years of ratification or the entry into force of the Charter and every three years thereafter. In 2008, the Committee of Experts started the process of reviewing the first four state reports that had been
580:
Consideration: The consideration process examines the reports to determine if the information supplied reflects the true situation in the country as a kind "photocopy" or "clear picture" at that point in time. This includes determining if there are any gaps or inconsistencies in the information
568:
Until very recently, this "alternative" report could only be accepted after the state had submitted their report. But now a process has been put into place whereby the state is given 18 months to submit their report, failing that, the "alternative," civil society report will be accepted as that
91:
The ACRWC defines a "child" as a human being below the age of 18 years. It recognises the child's unique and privileged place in African society and that African children need protection and special care. It also acknowledges that children are entitled to the enjoyment of freedom of expression,
764:
If the communication meets the above requirements, then it may be considered by the Committee of Experts. When a complaint reaches the committee, a group will be assigned to work on it to decide if it is acceptable. If it is acceptable then they will give feedback both to the country where the
690:
Once the organisation has obtained observer status, it may request the Committee of Experts to include issues of interest on their agenda and to make oral statements at the sessions. They are entitled to receive information on the time, location and agenda of the sessions of the committee. The
625:
After the initial State Party / Alternative report has been accepted, the state will then have to submit additional reports every 3 years. These reports are called "periodic reports." This will allow for comparison with the previous report to determine whether there has been progress or if the
629:
There may also be follow-ups and country visits. The State Party / Alternative Report and recommendations are sent to the Summit of the Heads of States and Government. Civil society is also able to intervene every 3 years to encourage the state to make improvements ahead of the preparation of
514:
Functional secretariat: K.F. Malindi Jr, Founder of The Rights Club and a human and child rights activist notes that the Committee of Experts have yet to establish a fully functional secretariat which means that it cannot carry out its activities or deal with communications as well as country
694:
The civil society organisations are also under an obligation to establish close relations with the committee and to hold regular consultations on all issues of common interest. Civil society organisations are required to submit reports on their activities every two years. When civil society
600:
After the pre-sessional report has been produced, the members who have been appointed to review the State Party / Alternative Report meet to discuss an in-depth review of the report. Their findings are submitted to the respective state concerned and discussed with high level government
604:
As a result of the in depth discussion, the Committee of Experts will identify problems, progress and differences in implementation of the Children's Charter by the State Party. These recommendations are called "concluding observations" and may include the following:
909:
A platform for the exchange and dissemination of information and networking among organisations, experts and advocates for the rights and welfare of the child. Documents such as the minutes of the Committee of Experts meetings can be found under the "events"
772:
Children who are the authors or who are the victims in the communication process now have an opportunity to express their opinions to the Committee of Experts. This provision guarantees the cardinal principle of child participation in issues concerning them.
576:
Elaboration: The elaboration process is the first process that occurs. The Committee of Experts determines the report's completeness, representativeness, its conformity to the guidelines, etc. and specific information is extracted regarding the children's
703:
A communication is a complaint submitted to the Committee of Experts regarding a violation of the rights of children under the Children's Charter. The following are some guidelines for those wanting to submit a communication to the Committee of Experts:
296:
There is some confusion regarding Article 31 that deals with children's responsibilities. Children are required to respect parents, superiors and elders at all times which could conflict with the child's right to participate in decisions that affect
317:
The committee was formed in July 2001, one and half years after the Children's Charter came into force. The members are elected by the Assembly of Heads of State and Government of the African Union. The criteria for the selection of members are:
560:
The state party report must contain specific information pertaining to children in their country. This includes political, legal, administrative issues that are linked to the requirements of the structure supplied by the Committee of Experts.
255:
518:
Attitude of member states: Many member states are unenthusiastic about the Children's Charter and are often unwilling to nominate suitable people to sit on the Committee of Experts. Often, the committee members resign midway through their
934:
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Follow-up: The follow-up process is where the state and civil society are contacted again to explain and complete any discrepancies or missing information. Further information and interviews may be required before the Committee is
793:
The country that has been investigated has up to 6 months after the adoption of a decision by the Committee of Experts to submit a written reply on what they have done regarding the requirements or measures in the mission report.
307:
Unlike the CRC, which specifically ascribes rights to children of minorities, there is no similar provision in the African Charter, despite many countries in the region having significant populations of minority and indigenous
116:
believed that the CRC missed important socio-cultural and economic realities particular to Africa. It emphasises the need to include African cultural values and experiences when dealing with the rights of the child in such as:
300:
The omission of a provision which requires countries to fully commit and use their resources means that the Children's Charter has no way to ensure or force states to provide resources to ensure the realisation of children's
669:
The guidelines encourage the formation of coalitions by civil society organisations with similar objectives. The following are the requirements for the participation of civil society organisations for observer status are:
64:
68:(Committee of Experts). Its mission is to promote and protect the rights established by the ACRWC, to practice applying these rights, and to interpret the disposition of the ACRWC as required of party states,
863:
Much of the information on this page is from the booklet "The African Charter on the Rights and Welfare of the Child: A Practical Guide for CSOs" prepared for Save the Children Sweden in Pretoria in October
1185:
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The African Charter on the Rights and Welfare of the Child - An assessment of the legal value of its substantive provisions by means of a direct comparison to the Convention on the Rights of the Child
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It must only be submitted when all local / domestic remedies have been exhausted or when the author of the communication is not satisfied with the solution provided at the local / domestic level
121:
Challenging traditional African views which often conflict with children's rights such as child marriage, parental rights and obligations towards their children, and children born out of wedlock
931:
47:(CRC), the Children's Charter is a comprehensive instrument that sets out rights and defines universal principles and norms for the status of children. The ACRWC and the CRC are the only
124:
Expressly saying that the Children's Charter is higher than any custom, tradition, cultural or religious practice that doesn't fit with the rights, duties and obligations in the Charter
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The Committee of Experts can receive a communication from a non-State Party (e.g. civil society organisation, individual, group of people) if it is in the best interest of the child.
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Although the Children's Charter makes provision for special protection measures for the disabled, it fails to expressly include disability as a prohibited ground of discrimination
267:
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No mention of the rights such as to remain silent, to be protected from retroactive legislation, to challenge detention, or to be compensated for miscarriages of justice
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According to the proposed guidelines for observer status, some of the ways civil society organisations and associations will be allowed to participate will include:
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problem is located. If there are gaps, then the committee will ask the country to take measures to protect the complainant while it is being investigated further.
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The Committee of Experts can also review its own decision in a communication where the complainant can provide additional information to support his/her case
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Outright prohibition on the recruitment of children (i.e. under 18 years old) in armed conflict and deals with conscription of children into the armed forces
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243:
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granting observer status will now also ensure that more civil society organisations are able to formally participate and contribute in the process.
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Africa account for about 80 million children or 4 out of every 10 children under 14 years old which is the highest child labour rate in the world.
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committee can invite a civil society organisation to participate in the deliberations of the meetings of the committee without a voting right.
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They must be individuals of high moral standing, integrity, impartiality and competence in matters of the rights and welfare of the child.
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Article 20 can be construed as supporting physical punishment by parents as it is unclear regarding the meaning of "domestic discipline;"
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Providing a way for children themselves to petition the Children's Charter's Committee of Experts regarding infringements of their rights
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This graph shows the slow progress of both the signing and ratification process of the Children's Charter since it was adopted in 1991.
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They must submit a list of documentation to aid their application at least three months before a session of the Committee of Experts.
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Providing for the responsibilities that every child has with regard to their and society, the state and the international community.
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The Danish Institute for Human Rights document on African Human Rights Complaints Handling Mechanisms published in April 2008
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Members are elected for a term of five years and serve voluntarily in their individual capacity. They may not be re-elected.
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When dealing with criminal activities, there is no provision for alternative measures such as community rehabilitation
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The web site for the African Committee of Experts on the Rights and Welfare of the Child is still useful information
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Members are nominated by signatory countries and elected by the Assembly of Heads of State of the African Union.
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Making statements on issues that concern them, provided the statement has been sent to the committee in advance
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They must be registered in a member state with the mandate to carry out regional and international activities
101:
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A communication may be submitted by individuals, groups, associations, non-governmental organizations, etc.
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non- prioritising by the AU of the work of the Committee resulting in delays and cancellation of sessions.
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Issues must not have been already decided by another investigation, procedure or international regulation
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It must be submitted within a reasonable deadline or timeframe, depending on the nature of the complaint
683:
They must have a recognised headquarters, democratically adopted statutes and a representative structure
695:
organisations default on their obligations, the committee may suspend or withdraw the observer status.
572:
Once received, the report then becomes available as a public document and it undergoes a process of:
143:
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A comprehensive site with information and lots of resource links regarding the Children's Charter.
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Download a copy of the Children's Charter and a list of countries that have signed and ratified it
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Accessing documents that are not confidential and do not deal with issues concerning the observers
438:
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the committee, providing different kinds of expertise and financial support to most of the work.
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representatives. There is no non-governmental organisation or civil society input at this level.
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The Children's Charter has a clearer definition of the child as a person aged under 18 years old
932:"Educate a Woman, You Educate a Nation" - South Africa Aims to Improve its Education for Girls
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The country where the violation has occurred must be a signatory of the Children's Charter.
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313:
African Committee of Experts on the Rights and Welfare of the Child (Committee of Experts)
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41:
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second or "alternative" report that contains the information that they have gathered.
527:
an average of two and a half years for cases to be decided by the Committee of Experts
954:
711:
These individuals or groups MUST be recognised by the state, AU or international body
659:
Being invited to participate in closed sessions dealing with issues that concern them
589:
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As at October 2008, the elected Committee of Experts were (name, country, position):
284:
It doesn't protect children from life imprisonment without the possibility of release
273:
Map of Africa showing the current status as at August 2008 of the Children's Charter.
202:
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72:(AU) institutions, or all other institutions recognized by AU or by a member state.
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makes it difficult for the Committee of Experts to follow up with defaulting states
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Members of the African Committee of Experts on the Rights and Welfare of the Child
155:
Protecting imprisoned expectant mothers and mothers of infants and young children
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Committee may only visit a State Party if invited to do so by the government.
494:
398:
885:
Read the concept note on procedures to be followed at a pre-sessional meeting
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Attending opening and closing ceremonies of the Committee of Experts sessions
621:
Follow-ups by the Committee of Experts to obtain more information or clarity.
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It must be compatible with the AU rules and laws or the Children's Charter
172:
The fundamental principles guiding implementation of these rights include:
445:
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Original material used for this section referenced the following sites:
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a report is sent to the Committee of the Heads of State and Government.
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Encouraging the state to provide support for parents "in times of need"
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As of 2016, the ACRWC has been ratified by 47 of the 54 states of the
554:
419:
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Members must be nationals of a state party to the Children's Charter.
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Selected structures within the AU relating to the Children's Charter.
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Including special reference to care of the child by extended families
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The Children's Charter originated because the member states of the
65:
African Committee of Experts on the Rights and Welfare of the Child
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The current members of the ACERWC are (name, country, position):
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205:, and signed but not ratified by the remaining seven states.
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It must not be exclusively based on information in the media
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Granting girls the right to return to school after pregnancy
108:
Children's Charter vs. Convention on the Rights of the Child
80:
Children in Africa are affected by many different types of
742:
It must be written in a reasonable and non-defamatory tone
880:
Read the 14 country reports so far received by the ACERWC
581:
supplied in both the official and the alternative reports
889:
790:
Committee to the African Heads of State and Government.
680:
Must have done work in the defence of children's rights
916:
Michael Gose, Community Law Center, Belleville, 2002,
677:
Must have been registered for a minimum of three years
665:
Responding to questions they may be asked in meetings.
133:
Prohibiting marriages or betrothals involving children
18:
African Charter on the Rights and Welfare of the Child
618:
Changes in the country since the report was prepared
515:
reports. It suffers from a serious lack of resources
152:
Protecting internally displaced and refugee children
896:
Guidelines for the Initial Reports of State Parties
941:WNN - Women News Network. Aug. 28, 2007. Lys Anzia
729:A communication must meet the following criteria:
615:Suggest unique decisions suitable for each country
1186:Treaties of the Republic of the Sudan (1985–2011)
714:The state is excluded from the complaints process
237:, a non-AU member state, has also not ratified.
49:international and regional human rights treaties
717:Any violation of child rights may be considered
634:Observer status for civil society organisations
387:, Member; (former 1st Vice President 2010-2012)
186:The life, survival and development of the child
96:, and illegal drug use. It aims to prevent the
40:) and was entered into force in 1999. Like the
8:
808:African Charter on Human and Peoples' Rights
509:Challenges faced by the Committee of Experts
947:How Children Are Heard in 250 Jurisdictions
786:country where they will be investigating.
699:Communications to the Committee of Experts
233:have signed but not ratified the Charter.
136:Prohibiting the use of children as beggars
798:the situation of children in that state.
653:Participating in the committee's meetings
725:Specific requirements of a communication
824:
394:, Member;(former Chairperson 2010-2012)
239:
104:, kidnapping, and begging of children.
1111:Treaties of the Libyan Arab Jamahiriya
813:International Day of the African Child
197:Ratification of the Children's Charter
1036:Treaties of the Republic of the Congo
45:Convention on the Rights of the Child
7:
76:Focus on children's rights in Africa
57:economic, social and cultural rights
976:Treaties entered into force in 1999
376:Mr. Alfas Muvavarigwa Chitakunye,
14:
142:Promoting affirmative action for
51:that cover the whole spectrum of
266:
254:
242:
215:Sahrawi Arab Democratic Republic
211:Democratic Republic of the Congo
167:Protecting handicapped children.
75:
62:It calls for the creation of an
945:Representing Children Worldwide
609:The steps that need to be taken
437:Ms. Marie Chantal Koffi Appoh,
411:Mrs. Amal Muhammad El Henqari,
430:Ms. Seynabou Ndiaye Diakhate,
94:commercial sexual exploitation
1:
1056:Treaties of Equatorial Guinea
907:African Child Information Hub
493:Mr. Andrianirainy Rasamoely,
397:Mr. Andrianirainy Rasamoely,
369:Mr. Clement Julius Mashamba,
30:Organisation of African Unity
472:Mrs. Dawlat Ibrahim Hassan,
444:Ms Boipelo Lucia Seitlhamo,
32:(OAU) in 1990 (in 2001, the
451:Hon. Justice Martha Koome,
182:best interests of the child
1237:
971:Treaties concluded in 1990
961:Children's rights treaties
733:It cannot not be anonymous
418:Mrs. Félicité Muhimpundu,
362:Prof Julia Sloth-Nielsen,
355:Mrs.Fatima Delladj-Sebaa,
1091:Treaties of Guinea-Bissau
348:Mr. Benyam Dawit Mezmur,
279:Shortcoming and criticism
1181:Treaties of South Africa
1176:Treaties of Sierra Leone
1006:Treaties of Burkina Faso
626:situation has worsened.
612:Agree on recommendations
458:Mrs. Mamosebi T. Pholo,
207:Central African Republic
1046:Treaties of Ivory Coast
1031:Treaties of the Comoros
196:
102:trafficking of children
1171:Treaties of Seychelles
1141:Treaties of Mozambique
1131:Treaties of Mauritania
1116:Treaties of Madagascar
1076:Treaties of the Gambia
1021:Treaties of Cape Verde
966:African Union treaties
1136:Treaties of Mauritius
981:Child labour treaties
536:State party reporting
479:Mr. Cyprien Adébayo,
383:Mr. Cyprien Adébayo,
219:São Tomé and Príncipe
28:) was adopted by the
1216:Treaties of Zimbabwe
1196:Treaties of Tanzania
1191:Treaties of Eswatini
1066:Treaties of Ethiopia
1041:Treaties of Djibouti
1016:Treaties of Cameroon
1001:Treaties of Botswana
874:CRIN Resource Centre
630:additional reports.
465:Mr. Moussa Sissoko,
373:, 3rd Vice-President
366:, 2nd Vice President
359:, 1st Vice-President
1166:Treaties of Senegal
1156:Treaties of Nigeria
1146:Treaties of Namibia
1106:Treaties of Liberia
1101:Treaties of Lesotho
1061:Treaties of Eritrea
1011:Treaties of Burundi
986:Treaties of Algeria
500:Mrs. Maryam Uwais,
486:Mrs. Agnès Kabore,
404:Mrs. Maryam Uwais,
390:Mrs. Agnès Kabore,
189:Child participation
36:legally became the
1211:Treaties of Zambia
1206:Treaties of Uganda
1161:Treaties of Rwanda
1121:Treaties of Malawi
1086:Treaties of Guinea
991:Treaties of Angola
937:2009-12-13 at the
736:It must be written
588:Submission to the
441:, Vice-Chairperson
177:Non-discrimination
26:Children's Charter
1151:Treaties of Niger
1096:Treaties of Kenya
1081:Treaties of Ghana
1071:Treaties of Gabon
1051:Treaties of Egypt
996:Treaties of Benin
20:(also called the
1228:
1221:1990 in Ethiopia
1201:Treaties of Togo
1126:Treaties of Mali
1026:Treaties of Chad
861:Download Booklet
848:
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835:. Archived from
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569:state's report.
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144:girls' education
53:civil, political
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841:. Retrieved
837:the original
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488:Burkina Faso
448:, Rapporteur
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392:Burkina Faso
380:, Rapporteur
364:South Africa
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227:South Sudan
86:Sub-Saharan
955:Categories
843:2013-05-04
833:"Ambf CMS"
495:Madagascar
399:Madagascar
585:satisfied
547:Mauritius
935:Archived
910:section.
802:See also
504:, Member
497:, Member
490:, Member
483:, Member
476:, Member
469:, Member
462:, Member
455:, Member
446:Botswana
422:, Member
415:, Member
408:, Member
401:, Member
378:Zimbabwe
371:Tanzania
350:Ethiopia
551:Nigeria
502:Nigeria
460:Lesotho
432:Sénégal
406:Nigeria
357:Algeria
308:groups.
235:Morocco
231:Tunisia
223:Somalia
920:
577:rights
555:Rwanda
420:Rwanda
301:rights
229:, and
864:2009.
819:Notes
543:Egypt
481:Benin
474:Egypt
453:Kenya
413:Libya
385:Benin
82:abuse
22:ACRWC
918:ISBN
553:and
519:term
467:Mali
297:them
180:The
100:and
98:sale
16:The
34:OAU
24:or
957::
590:AU
549:,
545:,
225:,
221:,
217:,
213:,
209:,
114:AU
59:.
55:,
898:.
892:.
870:.
846:.
592:.
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