African Charter on the Rights and Welfare of the Child
ARTICLE 44: COMMUNICATIONS1. 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.
ACERWC Revised Guidelines for the Consideration of Communications - 2014
2) Determination of Admissibilityi. For the purpose of determining the admissibility of a Communication, the Committee shall, without prejudice to anonymity, transmit a copy of the Communication to the respondent State Party
African Charter on the Rights and Welfare of the Child
ARTICLE 44: COMMUNICATIONS1. 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.
African Charter on the Rights and Welfare of the Child
ARTICLE 45: INVESTIGATIONS BY THE COMMITTEE1. 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 Government 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.
1969 Vienna Convention on the Law of Treaties
(c) In cases not falling under sub-paragraphs (a) and (b), the reservation is incom patible with the object and purpose of the treaty.
ACERWC Revised Guidelines for the Consideration of Communications - 2014
SECTION VII PROVISIONAL MEASURES 1) General Provisions (i) Where the Committee considers that one or more Communications submitted to it or pending before it reveal a situation of urgency, serious or massive violations of the African Children’s Charter and the likelihood of irreparable harm to a child or children in violation of the African Children’s Charter may, either on its own initiative or at the request of a party to the proceedings, request the State Party concerned to adopt Provisional Measures to prevent grave or irreparable harm to the victim or victims of the violations as urgent as possible. (ii) After the request for Provisional Measures has been transmitted to the State Party, the Committee shall transmit a copy of the letter requesting Provisional Measures to the victim, the Assembly, Peace and Security Council and the African Union Commission
African Charter on the Rights and Welfare of the Child
African Charter on the Rights and Welfare of the Child
06/12 African Commission on Human and Peoples' rights v Kenya
03-16 John Lazaro v Tanzania (Order of Provisional Measures)
App. No. 004/2011 – African Commission on Human and Peoples’ Rights v. Great Socialist People’s Libyan Arab Jamahiriya
African Charter on the Rights and Welfare of the Child
African Charter on the Rights and Welfare of the Child
ARTICLE 44: COMMUNICATIONS1. 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.
ACERWC Revised Guidelines for the Consideration of Communications - 2014
African Charter on the Rights and Welfare of the Child
ARTICLE 44: COMMUNICATIONS1. 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.
ACERWC Revised Guidelines for the Consideration of Communications - 2014
d) The Communication is submitted after having exhausted available and accessible local remedies, unless it is obvious that this procedure is unduly prolonged or ineffective;
002/2009 IHRDA (on behalf of Children of Nubian Descent) v. Kenya
25/89 Free Legal Assistance Group and Others v Zaire
ACERWC Revised Guidelines for the Consideration of Communications - 2014
d) The Communication is submitted after having exhausted available and accessible local remedies, unless it is obvious that this procedure is unduly prolonged or ineffective;
299/05 Anuak Justice Council v Ethiopia