The African Committee of Experts on the Rights and Welfare of the Child (ACERWC) was established under the African Charter on the Rights and Welfare of the Child (ACERWC). It draws its mandate from articles 32-46 of the African Charter on the Rights and Welfare of the Child, which was adopted by the Organization of African Unity (OAU) Heads of State and Government on 11 July 1990 and came into force on 29 November 1999.
MANDATE. The Committee serves as a specialized body within the African Union dedicated to ensuring the effective implementation of the Charter. It is also a regional quasi-judicial treaty body which recognizes the unique needs and vulnerabilities of children in Africa and aims to safeguard their welfare by developing concrete guidelines, conducting country visits and issuing decisions to Member States.
ACHIEVEMENTS. ACERWC achievements include among others,
- Implementation of guidelines and recommendations
The organ has played a crucial role in developing guidelines and recommendations which provide practical guidance on various issues related to children's rights and include:
Guidelines on Children Deprived of Liberty, which provide comprehensive guidance on ensuring the rights and well-being of children in detention or other forms of deprivation of liberty,
Guidelines on the Alternative Care of Children, providing guidance to member states on ensuring appropriate care arrangements for children without parental care, including foster care, adoption, and residential care,
Guidelines on Children's Rights and the Internet, addressing the challenges and opportunities presented by the digital world and offering recommendations to protect children online,
Guidelines on Children's Involvement in Armed Conflict, outlining measures to prevent the recruitment and use of children in armed conflicts and to support their reintegration into society,
- Country Visits and Engaging in Dialogue:
The ACERWC conducts country visits to assess the situation of children's rights on the ground and engage in direct dialogue with governments and other stakeholders. Country visits have led to tangible improvements in policy and practice.
For instance, following a visit to Sierra Leone in 2017, the committee made recommendations that contributed to the development of a national plan of action on child rights.
During a country visit to Kenya in 2016, the ACERWC engaged with government officials, civil society organizations, and children themselves to assess the situation of child labor and exploitation, resulting in recommendations for strengthening legislative and policy frameworks.
- Issuing Decisions on Cases of Violations:
The ACERWC has the authority to consider complaints and communications regarding violations of children's rights in member states. It issues decisions and recommendations based on its findings, urging member states to take appropriate measures to address the violations. Some notable examples include:
ACERWC's decision in the case of Hadijatou Mani Koraou v. Niger, where it found the state of Niger in violation of the African Charter by failing to protect the applicant from slavery and providing her with appropriate remedies.
In the case of Endorois Welfare Council and Minority Rights Group International v. Kenya, the ACERWC found Kenya in violation of the African Charter by failing to recognize and protect the rights of the Endorois indigenous community and provided recommendations for restitution and compensation.
- Impact on Member States
As of June 2022, 50 AU Member States had ratified the Charter and five were still to ratify: Morocco, Sahrawi Republic, Somalia, South Sudan and Tunisia. (See https://au.int/treaties for the full list)
The committee has conducted over 20 country visits to assess the situation of children's rights across Africa, including Nigeria, Ethiopia, Sierra Leone, and Uganda, to assess the situation of children's rights and provide recommendations for improvement.
The ACERWC's work has resulted in the development of a comprehensive monitoring and reporting system, enabling member states to regularly report on their progress in implementing the African Charter and addressing challenges in children's rights protection.
To learn more about ACERWC, visit, ACERWC - African Committee of Experts on the Rights and Welfare of the Child