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OAU Doc. CAB/LEG/24.9/49 (1990), entered into force
Nov. 29, 1999.
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
For tile purposes of this Charter. a child means
every human being below the
age of 18 years.
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
aninterpreter 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
with 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 health or 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
mutandis to internally displaced
children whether through natural disaster, internal
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 carried 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 International 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 upbringing
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 of
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 tenn 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
nonmal 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 African 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 nongovernmental
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 African 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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