Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation
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protection against apartheid and discrimination – art. 26;
sexual exploitation – art. 27;
drug abuse – art. 28;
the sale, trafficking and abduction of children – art. 29; as well as
the children of imprisoned mothers – art. 30.
2.2.3 The child’s duties
According to article 31 of the Charter, “every child shall have responsibilities
towards his family and society, the State and other legally recognized communities and
the international community”. Such responsibilities include the duty to work for the
cohesion of the family, to serve the national community, to preserve and strengthen
social and national solidarity and to contribute to the promotion of African unity.
2.2.4 The implementation mechanism
An African Committee of Experts on the Rights and Welfare of the Child
shall be established within the Organization in order to promote and protect the rights
and welfare of the child (art. 32). It shall consist of eleven independent and impartial
members serving in their individual capacity (art. 33).
The Committee shall, in the first place, promote and protect the rights
enshrined in the Charter and, second, monitor the implementation and ensure
protection of the rights concerned (art. 42). In carrying out the first part of its mandate,
it shall, in particular, collect and document information, organize meetings, make
recommendations to Governments, formulate rules and principles aimed at enhancing
the protection of the rights and welfare of the African child, and cooperate with other
African regional and international institutions in the same field (art. 42(a)). It may
interpret the terms of the Charter at the request, inter alia, of a State party or institution
of the OAU (art. 42(c)). With respect to monitoring of implementation of the Charter,
the latter provides for the following two procedures:
v the reporting procedure: every State party undertakes to submit reports on the
measures it has adopted to give effect to the provisions of the Charter within two
years of the entry into force of the Charter, and thereafter every three years (art.
43(1)). The Charter does not specify how the Committee shall examine these
reports;
v the complaints procedure: the Committee may receive communications from any
person, group or non-governmental organization (NGO) recognized either by the
OAU, a Member State or the United Nations relating to any matter covered by the
Charter (art. 44).
Lastly, the Committee may resort to any “appropriate method” of
investigating any matter falling within the ambit of the Charter. It shall further submit
regular reports on its activities to the Ordinary Session of the Assembly of Heads of
State and Government every two years, a report that shall be published after having
been considered by the Assembly (art. 45).
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
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