Revised Guidelines for the Consideration of Communications
iv. The Committee may, having regard to its mandate under the African Children’s
Charter, decide to proceed with consideration of the Communication notwithstanding
the notice of such amicable settlement.
2) Amicable settlement under the auspices of the Committee
i. The Committee, on its own initiative or at the request of any of the parties to a
Communication, may promote amicable settlement guided by the best interest of
the child principle and on the basis of respect for the rights and welfare of the child
recognised in the African Children’s Charter and other applicable instruments.
ii. Any process of amicable settlement shall be initiated and continued on the
basis of mutual consent of the parties to the Communication.
iii.
The Committee may appoint one or more of its members to facilitate
negotiations between the parties for the amicable settlement of a Communication
and shall render its good office at the deposal of the parties for facilitating amicable
settlement.
iv.
The Committee may terminate its facilitation of an amicable settlement upon
the following grounds:
a. If it finds that the matters raised in the Communication are not susceptible
to such an amicable resolution;
b. If any of the parties does not consent to an amicable settlement;
c.
If any of the parties chooses not to continue with an amicable settlement;
d.
If any of the parties displays an unwillingness to reach an amicable
settlement based on respect for children’s rights and welfare.
e.
If the subject matter of the Communication involves serious and massive
violation of children’s rights
v.
Where an amicable settlement is reached, the Committee shall adopt a report
giving a brief statement of the facts of the Communication, the issues identified for
determination by all parties and the terms of settlement reached. Provided that the
Committee shall verify whether the victim of the alleged violation or, as the case
may be, his or her representative has consented to the terms of settlement.
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