The Work of ACERWC on Racism, Discrimination, and Children's Rights
The African Committee of Experts on the Rights and Welfare of the Child (ACERWC) focuses on issues such as racism, ethnic and religious discrimination, and children's rights. Established in 1990 and ratified by 49 countries, ACERWC ensures non-discrimination, child survival, participation, and development. Its functions include considering state reports, complaints mechanisms, general comments, fact-finding missions, and research. ACERWC addresses racial discrimination in Central Africa, citizenship issues in Liberia, Nigeria, Egypt, Uganda, and other regions.
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The work of the ACERWC on matters of issues of racism, ethnic/religious discrimination and children s rights The work of the ACERWC on matters of issues of racism, ethnic/religious discrimination and children s rights
Adopted in 1990 and came into force in 1999 Ratified by 49 Countries Not Ratified: DRC, SS, Somalia, SADR, Tunisia, and Morocco. Reservations- Botswana, Mauritania, Egypt and Sudan
i. i. ii. ii. Best iii. iv. Non Best interest iii. Life, iv. Participation Non- -discrimination interest of Life, survival Participation discrimination of the and development the child development child survival and
Article 3: Non Article 3: Non- -Discrimination Discrimination Every child shall be entitled to the enjoyment of the guaranteed in this Charter irrespective child s race, religion, political or other opinion, national and social origin, fortune, birth or other status. No discrimination- NOT CHILD S HIS/HER rights and freedoms recognized irrespective of or legal colour, and the of the child s or race, or his/her ethnic his/her parents ethnic parents or group, legal guardians sex, guardians language, group, colour, NOT ONLY BUT ALSO ONLY BASED ALSO BASED STATUS. . BASED ON BASED ON ON THE THE ON CHILD S RACE/ETNICITY HIS/HER PARENTS/GUARDIANS RACE/ETNICITY BUT PARENTS/GUARDIANS STATUS
Established implementation of the ACRWC. Functions 1. Consideration of State Part Reports- concluding observations 2. Complaint Mechanisms (Communication) 3. General Comments 4. Fact finding/investigation Missions 5. Research and studies in 2001 to monitor the
Using the State party reporting mechanism, the Committee engaged identified issues in the following countries Using the State party reporting mechanism, the Committee engaged identified issues in the following countries Central Ethnic Pygmy populations who suffer from racialized discrimination mostly from Bantu people. Liberia Negro-African descent may be citizens from birth. Nigeria those born in Nigeria before the date of independence either of whose parents indigenous to Nigeria. Egypt deprivation of nationality discriminate against non-Muslims as well as non-Arabs. Uganda a member of any of the indigenous communities existing and residing within the borders of Uganda as at the first day of February, 1926. Central Africa Africa Regions Regions- - Discrimination against children of the so called Liberia and and Sierra Sierra Leone Leone- - take the position that only those of Negro or Nigeria- -The Constitution provides citizenship by birth to be given to or any of whose grandparents belong to a community Egypt- In Egypt the rules on naturalisation and recognition or Uganda- Constitutional provisions on citizenship privilege those who are
Burundi who do not have access to basic services and are discriminated in schools and social arena. Zambia getting birth registration and nationality. Cameroon- indigenous parents. Namibia groups such as the San people who are excluded from accessing basic services. Children The Madi and the Acholi in South Sudan who find themselves at the border with Uganda, Azande on the border with the Democratic Republic of Congo, The Ngok Dinka of Abyei, The Kakwa on the Ugandan border Burundi- - Discrimination faced by the minority Batwa children Zambia- - children from Muslim background face discrimination in discrimination against Children who belong to Namibia- - Discrimination against children from indigenous Children who who belong belong to to trans trans- -boundary boundary communities communities- - such as:
IHRDA Nubian Committee IHRDA and Nubian descent Committee concludes and Open descent in concludes- - Open Society in Kenya Society Justice Kenya Vs Justice Initiative Vs the Initiative on the Government on behalf of Kenya behalf of Kenya- - Where of Children Where the Children of of Government of the Challenges related to registration and denying Nubian children Kenyan nationality amounted to making them stateless, which is against the best interest of the child. The vetting system put in place to decide who gets access to citizenship unlawfully leaving them stateless or at risk of being stateless, which is a violation of Article 3 of the African Charter. unlawfully discriminates discriminates against against Nubian Nubian children, children, Effects adequate health care and education was also found to be in breach of Articles 14 and 11 of the African Charter- Effects of of such such discrimination discrimination- -Denied Nubians access to
African and Republic concludes: African Centre and People s Republic Centre of People s Legal of of Justice Legal Aid Sudan Justice and Aid Centre Sudan- - and Peace Centre (PLACE) w where Peace Studies (PLACE) Vs the Studies (ACJPS) (ACJPS) Vs the the of Committee The Republic of the Sudan has violated its obligation Children s Charter, by introducing a legislation which Sudanese basis under article 3 of the African arbitrarily origin their of the arbitrarily deprives Sudanese nationality the national deprives their Sudanese national origin children nationality on of their children of of South on the South the Sudanese origin basis of origin of their parents parents.
Minority Esclaves Ould the Committee concludes: Minority Esclaves on Ould Salem Rights on behalf Salem Vs Rights behalf of Vs The Group of Said The Republic Group International Said Ould Republic of International Ould Salem of Mauritania and and Yarg and SOS Yarg SOS- - Salem and Mauritania- - where Slavery persists in Mauritania despite its abolition in 1980 and mostly affects the descendants of black Africans- The Committee notes that slavery is clearly prohibited under the national law of Mauritania rights laws and it amounts to discrimination under the Charter. and various international human
UN 1. 2. UN Mechanisms To To racism Mechanisms To do To undertake racism on do a a joint undertake joint on children joint follow follow up joint studies children in up on studies on in Africa on implementation on the Africa implementation the impact 1. 2. impact of of NHRIs 1. NHRIs and 1. Apply the 2. Submit related ethnicity/religion, rights and CSOs Apply for the ACERWC Submit briefings related to ethnicity/religion, xenophobia rights in CSOs for an ACERWC an affiliate affiliate or or Observer Observer status status before before briefings to to racism, to the discrimination based xenophobia and the ACERWC ACERWC on on matters based on and children s matters 2. racism, discrimination on children s in Africa Africa
