84.
In support of the second limb (d) of the request, the Committee argues that
with respect to the interpretatio n of treaties, the lCJ in the AdvisOIJ' Opinion on
the Competence of the General Assembly for the Admission of a State to the
United Nations, 33 held the view that treaties should be interpreted 'ln accordance
with their object and purpose.' According to the Committee, this position is
further strengthene d by Article 31 of the Vienna Convention , which provides
specifically that treaties are to be interpreted in the light of their objects and
purpose, adding that one of the ovelTiding objectives of the Protocol, as reflected
in its Preamble, is the promotion and protection of human rights in Africa.
85.
34
The Committee goes on to refer to Article 4(1) of the Children's Charter
which underlines thai 'in all actions undertaken concerning the child, the best
interests of the child shall be the primary consideratio n,' as well as the United
Natjons Committee on the Rights of the Child in the General Comment No 5
5
(2003/ to the following effect:
'Courts of law[ ... ] every legislative, administrati ve and judicial body
or Institution is required to apply the best interests principle by
systematica lly considering bow children's rights and interests are or
will be affected by their decisions and actions.'
86.
The Committee also suggests that the Court also consider the Committee' s
own decision in The Institute for liuman Rights and Development in Africa and the
Open Society Justice initiative (On behalf of children of Nubian descent in Kenya)
36
/the Government of Kenya, in which it held that the best interests or the child,
8
Paras 3 and 7 of the Protocol to the African Court
"General measures of Implementation of the Convention on the Rights of the Child (arts 4. 42 and 44, Para 6)
n ICJ Reports (1 950)
34
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25