15     strengthen the independence and the integrity of his country”.18 However, the application of this Article is subject to the child’s “age and ability, and such limitations as may be contained in the present Charter”. As a result, in the presence of Article 22 of the Charter that absolutely prohibits the recruitment and use of children in armed conflicts, there is no legally and textually sound argument that can be made to support the involvement of children in armed conflict. In this context, the African Committee would like to reiterate its position made in the Nubian Children case that children’s rights are not contingent upon them fulfilling their “duties”, since duties are given their rightful place in children’s rights lexicon if they are viewed as inter-dependently co-existing with and as reinforcing rather than invading rights.19 60. As a result, the African Committee finds a violation of Article 22, in particular Article 22(2) on the recruitment and use of children in armed conflict during the material time covered by this Communication (2001-2005) Alleged violation of Article 11 (the right to education) 61. As the Communication underscores, and the Respondent State acknowledges, the war severely disrupted the education system in Northern Uganda. Globally, especially in the last decade, concern for the specific protection of education has emerged from the broader desire to improve the protection of civilians, and particularly children. Some recent reports rightly call this situation a “hidden crisis”.20 Notably, education is an example of a vital socio-economic sector where the consequences of armed conflict may be felt long after the fighting is over.21 62. The Complainants have alleged a number of violations pertaining to the right to education. These alleged violations relate to, among others, the inadequate budgetary allocation for the education sector, particularly for the conflict affected areas, the use of schools for military purposes and indiscriminate military attacks on schools, lack of effective measures to facilitate access to education for demobilized children, and the availability, accessibility, and quality of education for children in the IDP camps. 63. The drafters of the African Children’s Charter, being fully aware of the important role of education for creating an Africa fit for children, have crafted a very comprehensive and detailed provision on the right to education. For instance, Article 11(3)(e) of the Charter is peculiar in that it requires that “States Parties to the Charter shall take all appropriate measures with a view to achieving the full realization of this right and shall in particular…take special measures in respect of female, gifted and disadvantaged children, to ensure equal access to education for all sections of the                                                                                                                 18 Article 31(e).   See J Sloth-Nielsen and BD Mezmur “A dutiful child: The implications of Article 31 of the African Children’s nd Charter” (2008) 52 Journal of African Law 159; See too F Viljoen International human rights law in Africa (2012) (2 Edition) 393-394, for further discussions on this matter.   20 The 2007 and 2010 UNESCO studies Education under Attack, and the 2011 Education For All (EFA) Global Monitoring Report dedicated to the theme of Armed Conflict and Education are few examples of this concern. See too, in general, Protecting education in insecurity and armed conflict: An international law handbook (2012). 21 R. Quinn, ‘Attacks on Higher Education Communities: A Holistic, Human Rights Approach to Protection’, in UNESCO, Protecting Education from Attack: A State-of-the-Art Review, UNESCO, Paris, 2010, p. 109.   19