الميثاق الأفريقي لحقوق ورفاهية الطفل 1990

AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF

THE CHILD

OAU Doc. CAB/LEG/24.9/49 (1990), entered into force Nov. 29, 1999.

PREAMBLE

The African Member States of the Organization of African Unity, Parties to the

present Charter entitled 'African Charter on the Rights and Welfare of the

Child',

CONSIDERING that the Charter of the Organization of African Unity

recognizes the paramountcy of Human Rights and the African Charter on

Human and People's Rights proclaimed and agreed that everyone is entitled to

all the rights and freedoms recognized and guaranteed therein, without

distinction of any kind such as race, ethnic group, colour. sex, language, religion,

political or any other opinion, national and social origin, fortune, birth or other

status,

RECALLING the Declaration on the Rights and Welfare of the African Child

(AHG/ST.4 Rev.l) adopted by the Assembly of Heads of State and Government

of the Organization of African Unity, at its Sixteenth Ordinary Session in

Monrovia, Liberia. from 17 to 20 July 1979, recognized the need to take

appropriate measures to promote and protect the rights and welfare of the

African Child,

NOTING WITH CONCERN that the situation of most African children,

remains critical due to the unique factors of their socio-economic, cultural,

traditional and developmental circumstances, natural disasters, armed conflicts,

exploitation and hunger, and on account of the child's physical and mental

immaturity he/she needs special safeguards and care,

RECOGNIZING that the child occupies a unique and privileged position in the

African society and that for the full and harmonious development of his

personality. the child should grow up in a family environment in an atmosphere

of happiness, love and understanding,

RECOGNIZING that the child, due to the needs of his physical and mental

development requires particular care with regard to health, physical, mental,

moral and social development, and requires legal protection in conditions of

freedom, dignity and security,

TAKING INTO CONSIDERATION the virtues of their cultural heritage,

historical background and the values of the African civilization which should

inspire and characterize their reflection on the concept of the rights and welfare

of the child,

CONSIDERING that the promotion and protection of the rights and welfare of

the child also implies the performance of duties on the part of everyone,

REAFFIRMING ADHERENCE Lo the principles of the rights and welfare of

the child contained in the declaration, conventions and other instruments of the

Organization of African Unity and in the United Nations and in particular the

United Nations Convention on the Rights of the Child; and the OAU Heads of

State and Government's Declaration on the Rights and Welfare of the African

Child.

HAVE AGREED AS FOLLOWS:

PART 1: RIGHTS AND DUTIES

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CHAPTER ONE: RIGHTS AND WELFARE OF THE CHILD

Article 1: Obligation of States Parties

1. Member States of the Organization of African Unity Parties to the present

Charter shall recognize the rights, freedoms and duties enshrined in this Charter

and shall undertake to the necessary steps, in accordance with their

Constitutional processes and with the provisions of the present Charter, to adopt

such legislative or other measures as may be necessary to give effect to the

provisions of this Charter.

2. Nothing in this Charter shall affect any provisions that are more conductive to

the realization of the rights and welfare of the child contained in the law of a

State Party or in any other international Convention or agreement in force in

that State.

3. Any custom, tradition, cultural or religious practice that is inconsistent with

the rights, duties and obligations contained in the present Charter shall to the

extent of such inconsistency be discouraged.

Article 2: Definition of a Child

For tile purposes of this Charter. a child means every human being below the

age of 18 years.

Article 3: Non-Discrimination

Every child shall be entitled to the enjoyment of the rights and freedoms

recognized and guaranteed in this Charter irrespective of the child's or his/her

parents' or legal guardians' race, ethnic group, colour, sex, language, religion,

political or other opinion, national and social origin, fortune, birth or other

status.

Article 4: Best Interests of the Child

1. In all actions concerning the child undertaken by any person or authority the

best interests of the child shall be the primary consideration.

2. In all judicial or administrative proceedings affecting a child who is capable of

communicating his/her own views, and opportunity shall be provided for the

views of the child to be heard either directly or through an impartial

representative as a party to the proceedings, and those views shall be taken into

consideration by the relevant authority in accordance with the provisions of

appropriate law.

Article 5: Survival and Development

1. Every child has an inherent right to life. This right shall be protected by law.

2. States Parties to the present Charter shall ensure, to the maximum extent

possible, the survival, protection and development of the child.

3. Death sentence shall not be pronounced for crimes committed by children.

Article 6: Name and Nationality

1. Every child shall have the right from his birth no a name.

2. Every child shall be registered immediately after birth.

3. Every child has the right to acquire a nationality.

4. States Parties to the present Charter shall undertake to ensure that their

Constitutional legislation recognize the principles according to which a child

shall acquire the nationality of the State in the territory of which he has been

born if, at the time of the child's birth, he is not granted nationality by any other

State in accordance with its laws.

Article 7: Freedom of Expression

Every child who is capable of communicating his or her own views shall be

assured the rights to express his opinions freely in all matters and to disseminate

his opinions subject to such restrictions as are prescribed by laws.

Article 8: Freedom of Association

Every child shall have the right to free association and freedom of peaceful

assembly in conformity with the law.

Article 9: Freedom of Thought, Conscience and Religion

1. Every child shall have the right to freedom of thought conscience and religion.

2. Parents, and where applicable, legal guardians shall have a duty to provide

guidance and direction in the exercise of these rights having regard to the

evolving capacities, and best interests of the child.

3. States Parties shall respect the duty of parents and where applicable, legal

guardians to provide guidance and direction in the enjoyment of these rights

subject to the national laws and policies.

Article 10: Protection of Privacy

No child shall be subject to arbitrary or unlawful interference with his privacy,

family home or correspondence, or to the attacks upon his honour or reputation,

provided that parents or legal guardians shall have the right to exercise

reasonable supervision over the conduct of their children. The child has the right

to the protection of the law against such interference or attacks.

Article 11: Education

1. Every child shall have the right to an education.

2. The education of the child shall be directed to:

(a) the promotion and development of the child's personality, talents and mental

and physical abilities to their fullest potential;

(b) fostering respect for human rights and fundamental freedoms with particular

reference to those set out in the provisions of various African instruments on

human and peoples' rights and international human rights declarations and

conventions;

values and cultures;

(d) the preparation of the child for responsible life in a free society, in the spirit

of understanding tolerance, dialogue, mutual respect and friendship among all

peoples ethnic, tribal and religious groups;

(e) the preservation of national independence and territorial integrity;

(f) the promotion and achievements of African Unity and Solidarity;

(g) the development of respect for the environment and natural resources;

(h) the promotion of the child's understanding of primary health care.

3. States Parties to the present Charter shall take all appropriate measures with

a view to achieving the full realization of this right and shall in particular:

(a) provide free and compulsory basic education;

(b) encourage the development of secondary education in its different forms and

to progressively make it free and accessible to all;

by every appropriate means;

(d) take measures to encourage regular attendance at schools and the reduction

of drop-out rates;

(e) take special measures in respect of female, gifted and disadvantaged children,

to ensure equal access to education for all sections of the community.

4. States Parties to the present Charter shall respect the rights and duties of

parents, and where applicable, of legal guardians to choose for their children's

schools, other than those established by public authorities, which conform to

such minimum standards may be approved by the State, to ensure the religious

and moral education of the child in a manner with the evolving capacities of the

child.

5. States Parties to the present Charter shall take all appropriate measures to

ensure that a child who is subjected to schools or parental discipline shall be

treated with humanity and with respect for the inherent dignity of the child and

in conformity with the present Charter.

6. States Parties to the present Charter shall have all appropriate measures to

ensure that children who become pregnant before completing their education

shall have an opportunity to continue with their education on the basis of their

individual ability.

7. No part of this Article shall be construed as to interfere with the liberty of

individuals and bodies to establish and direct educational institutions subject to

the observance of the principles set out in paragraph I of this Article and the

requirement teal the education given in such institutions shall conform to such

minimum standards as may be laid down by the States.

Article 12: Leisure, Recreation and Cultural Activities

1. States Parties recognize the right of the child to rest and leisure, to engage in

play and recreational activities appropriate to the age of the child and to

participate freely in cultural life and the arts.

2. States Parties shall respect and promote the right of the child to fully

participate in cultural and artistic life and shall encourage the provision of

appropriate and equal opportunities for cultural, artistic, recreational and

leisure activity.

Article 13: Handicapped Children

1. Every child who is mentally or physically disabled shall have the right to

special measures of protection in keeping with his physical and moral needs and

under conditions which ensure his dignity, promote his self-reliance and active

participation in the community.

2. States Parties to the present Charter shall ensure, subject to available

resources, to a disabled child and to those responsible for his care, of assistance

for which application is made and which is appropriate to the child's condition

and in particular shall ensure that the disabled child has effective access to

training, preparation for employment and recreation opportunities in a manner

conducive to the child achieving the fullest possible social integration, individual

development and his cultural and moral development.

3. The States Parties to the present Charter shall use their available resources

with a view to achieving progressively the full convenience of the mentally and

physically disabled person to movement and access to public highway buildings

and other places to which the disabled may legitimately want to have access to.

Article 14: Health and Health Services

1. Every child shall have the right to enjoy the best attainable state of physical,

mental and spiritual health.

2. States Parties to the present Charter shall undertake to pursue the full

implementation of this right and in particular shall take measures:

(a) to reduce infant and child morality rate;

(b) to ensure the provision of necessary medical assistance and health care to all

children with emphasis on the development of primary health care;

(d) to combat disease and malnutrition within the framework of primary health

care through the application of appropriate technology;

(e) to ensure appropriate health care for expectant and nursing mothers;

(f) to develop preventive health care and family life education and provision of

service;

(g) to integrate basic health service programmes in national development plans;

(h) to ensure that all sectors of the society, in particular, parents, children,

community leaders and community workers are informed and supported in the

use of basic knowledge of child health and nutrition, the advantages of

breastfeeding, hygiene and environmental sanitation and the prevention of

domestic and other accidents;

(i) to ensure the meaningful participation of non-governmental organizations,

local communities and the beneficiary population in the planning and

management of a basic service programme for children;

(j) to support through technical and financial means, the mobilization of local

community resources in the development of primary health care for children.

Article 15: Child Labour

1. Every child shall be protected from all forms of economic exploitation and

from performing any work that is likely to be hazardous or to interfere with the

child's physical, mental, spiritual, moral, or social development.

2. States Parties to the present Charter take all appropriate legislative and

administrative measures to ensure the full implementation of this Article which

covers both the formal and informal sectors of employment and having regard to

the relevant provisions of the International Labour Organization's instruments

relating to children, States Parties shall in particular:

(a) provide through legislation, minimum wages for admission to every

employment;

(b) provide for appropriate regulation of hours and conditions of employment;

enforcement of this Article;

(d) promote the dissemination of information on the hazards of child labour to

all sectors of the community.

Article 16: Protection Against Child Abuse and Torture

1. States Parties to the present Charter shall take specific legislative,

administrative, social and educational measures to protect the child from all

forms of torture, inhuman or degrading treatment and especially physical or

mental injury or abuse, neglect or maltreatment including sexual abuse, while in

the care of the child.

2. Protective measures under this Article shall include effective procedures for

the establishment of special monitoring units to provide necessary support for

the child and for those who have the care of the child, as well as other forms of

prevention and for identification, reporting referral investigation, treatment,

and follow-up of instances of child abuse and neglect.

Article 17: Administration of Juvenile Justice

1. Every child accused or found guilty of having infringed penal law shall have

the right to special treatment in a manner consistent with the child's sense of

dignity and worth and which reinforces the child's respect for human rights and

fundamental freedoms of others.

2. States Parties to the present Charter shall in particular:

(a) ensure that no child who is detained or imprisoned or otherwise deprived of

his/her liberty is subjected to torture, inhuman or degrading treatment or

punishment;

(b) ensure that children are separated from adults in their place of detention or

imprisonment;

(i) shall be presumed innocent until duly recognized guilty;

(ii) shall be informed promptly in a language that he understands and in detail of

the charge against him, and shall be entitled to the assistance of an interpreter if

he or she cannot understand the language used;

(iii) shall be afforded legal and other appropriate assistance in the preparation

and presentation of his defence;

(iv) shall have the matter determined as speedily as possible by an impartial

tribunal and if found guilty, be entitled to an appeal by a higher tribunal;

(d) prohibit the press and the public from trial.

3. The essential aim of treatment of every child during the trial and also if found

guilty of infringing the penal law shall be his or her reformation, re-integration

into his or her family and social rehabilitation.

4. There shall be a minimum age below which children shall be presumed not to

have the capacity to infringe the penal law.

Article 18: Protection of the Family

1. The family shall be the natural unit and basis of society. it shall enjoy the

protection and support of the State for its establishment and development.

2. States Parties to the present Charter shall take appropriate steps to ensure

equality of rights and responsibilities of spouses with regard to children during

marriage and in the even of its dissolution. In case of the dissolution, provision

shall be made for the necessary protection of the child.

3. No child shall be deprived of maintenance by reference to the parents' marital

status.

Article 19: Parent Care and Protection

1. Every child shall be entitled to the enjoyment of parental care and protection

and shall, whenever possible, have the right to reside with his or her parents. No

child shall be separated from his parents against his will, except when a judicial

authority determines in accordance with the appropriate law, that such

separation is in the best interest of the child.

2. Every child who is separated from one or both parents shall have the right to

maintain personal relations and direct contact with both parents on a regular

basis.

3. Where separation results from the action of a State Party, the State Party shall

provide the child, or if appropriate, another member of the family with essential

information concerning the whereabouts of the absent member or members of

the family. States Parties shall also ensure that the submission of such a request

shall not entail any adverse consequences for the person or persons in whose

respect it is made.

4. Where a child is apprehended by a State Party, his parents or guardians shall,

as soon as possible, be notified of such apprehension by that State Party.

Article 20: Parental Reponsibilities

1. Parents or other persons responsible for the child shall have the primary

responsibility of the upbringing and development the child and shall have the

duty:

(a) to ensure that the best interests of the child are their basic concern at all

times-

(b) to secure, within their abilities and financial capacities, conditions of living

necessary to the child's development; and

manner consistent with the inherent dignity of the child.

2. States Parties to the present Charter shall in accordance with their means and

national conditions the all appropriate measures;

(a) to assist parents and other persons responsible for the child and in case of

need provide material assistance and support programmes particularly with

regard to nutrition, health, education, clothing and housing;

(b) to assist parents and others responsible for the child in the performance of

child-rearing and ensure the development of institutions responsible for

providing care of children; and

and facilities.

Article 21: Protection against Harmful Social and Cultural Practices

1. States Parties to the present Charter shall take all appropriate measures to

eliminate harmful social and cultural practices affecting the welfare, dignity,

normal growth and development of the child and in particular:

(a) those customs and practices prejudicial to the health or life of the child; and

(b) those customs and practices discriminatory to the child on the grounds of sex

or other status.

2. Child marriage and the betrothal of girls and boys shall be prohibited and

effective action, including legislation, shall be taken to specify the minimum age

of marriage to be 18 years and make registration of all marriages in an official

registry compulsory.

Article 22: Armed Conflicts

1. States Parties to this Charter shall undertake to respect and ensure respect for

rules of international humanitarian law applicable in armed conflicts which

affect the child.

2. States Parties to the present Charter shall take all necessary measures to

ensure that no child shall take a direct part in hostilities and refrain in

particular, from recruiting any child.

3. States Parties to the present Charter shall, in accordance with their

obligations under international humanitarian law, protect the civilian population

in armed conflicts and shall take all feasible measures to ensure the protection

and care of children who are affected by armed conflicts. Such rules shall also

apply to children in situations of internal armed conflicts, tension and strife.

Article 23: Refugee Children

1. States Parties to the present Charter shall take all appropriate measures to

ensure that a child who is seeking refugee status or who is considered a refugee

in accordance with applicable international or domestic law shall, whether

unaccompanied or accompanied by parents, legal guardians or close relatives,

receive appropriate protection and humanitarian assistance in the enjoyment of

the rights set out in this Charter and other international human rights and

humanitarian instruments to which the States are Parties.

2. States Parties shall undertake to cooperate with existing international

organizations which protect and assist refugees in their efforts to protect and

assist such a child and to trace the parents or other close relatives or an

unaccompanied refugee child in order to obtain information necessary for

reunification with the family.

3. Where no parents, legal guardians or close relatives can be found, the child

shall be accorded the same protection as any other child permanently or

temporarily deprived of his family environment for any reason.

4. The provisions of this Article apply mutatis mutandis to internally displaced

children whether through natural disaster, internal armed conflicts, civil strife,

breakdown of economic and social order or howsoever caused.

Article 24: Adoption

States Parties which recognize the system of adoption shall ensure that the best

interest of the child shall be the paramount consideration and they shall:

(a) establish competent authorities to determine matters of adoption and ensure

that the adoption is carried out in conformity with applicable laws and

procedures and on the basis of all relevant and reliable information, that the

adoption is permissible in view of the child's status concerning parents, relatives

and guardians and that, if necessary, the appropriate persons concerned have

given their informed consent to the adoption on the basis of appropriate

counselling;

(b) recognize that inter-country adoption in those States who have ratified or

adhered to the International Convention on the Rights of the Child or this

Charter, may, as the last resort, be considered as an alternative means of a

child's care, if the child cannot be placed in a foster or an adoptive family or

cannot in any suitable manner be cared for in the child's country of origin;

and standards equivalent to those existing in the case of national adoption;

(d) take all appropriate measures to ensure that in inter-country adoption, the

placement does not result in trafficking or improper financial gain for those who

try to adopt a child;

(e) promote, where appropriate, the objectives of this Article by concluding

bilateral or multilateral arrangements or agreements, and endeavour, within this

framework to ensure that the placement of the child in another country is

carried out by competent authorities or organs;

(f) establish a machinery to monitor the well-being of the adopted child.

Article 25: Separation from Parents

1. Any child who is permanently or temporarily deprived of his family

environment for any reason shall be entitled to special protection and assistance;

2. States Parties to the present Charter:

(a) shall ensure that a child who is parentless, or who is temporarily or

permanently deprived of his or her family environment, or who in his or her best

interest cannot be brought up or allowed to remain in that environment shall be

provided with alternative family care, which could include, among others, foster

placement, or placement in suitable institutions for the care of children;

(b) shall take all necessary measures to trace and re-unite children with parents

or relatives where separation is caused by internal and external displacement

arising from armed conflicts or natural disasters.

3. When considering alternative family care of the child and the best interests of

the child, due regard shall be paid to the desirability of continuity in a child's up-

bringing and to the child's ethnic, religious or linguistic background.

Article 26: Protection Against Apartheid and Discrimination

1. States Parties to the present Charter shall individually and collectively

undertake to accord the highest priority to the special needs of children living

under Apartheid and in States subject to military destabilization by the

Apartheid regime.

2. States Parties to the present Charter shall individually and collectively

undertake to accord the highest priority to the special needs of children living

under regimes practising racial, ethnic. religious or other forms of

discrimination as well as in States subject to military destabilization.

3. States Parties shall undertake to provide whenever possible, material

assistance to such children and to direct their efforts towards the elimination of

all forms of discrimination and Apartheid on the African Continent.

Article 27: Sexual Exploitation

1. States Parties to the present Charter shall undertake to protect the child from

all forms of sexual exploitation and sexual abuse and shall in particular take

measures to prevent:

(a) the inducement, coercion or encouragement of a child to engage in any sexual

activity;

(b) the use of children in prostitution or other sexual practices;

Article 28: Drug Abuse

States Parties to the present Charter shall take all appropriate measures to

protect the child from the use of narcotics and illicit use of psychotropic

substances as defined in the relevant international treaties, and to prevent the

use of children in the production and trafficking of such substances.

Article 29: Sale, Trafficking and Abduction

States Parties to the present Charter shall take appropriate measures to prevent:

(a) the abduction, the sale of, or traffick of children for any purpose or in any

form, by any person including parents or legal guardians of the child;

(b) the use of children in all forms of begging.

Article 30: Children of Imprisoned Mothers

1. States Parties to the present Charter shall undertake to provide special

treatment to expectant mothers and to mothers of infants and young children

who have been accused or found guilty of infringing the penal law and shall in

particular:

(a) ensure that a non-custodial sentence will always be first considered when

sentencing such mothers;

(b) establish and promote measures alternative to institutional confinement for

the treatment of such mothers;

(d) ensure that a mother shall not be imprisoned with her child;

(e) ensure that a death sentence shall not be imposed on such mothers;

(f) the essential aim of the penitentiary system will be the reformation, the

integration of the mother to the family and social rehabilitation.

Article 31: Responsibility of the Child

Every child shall have responsibilities towards his family and society, the State

and other legally recognized communities and the international community. The

child, subject to his age and ability, and such limitations as may be contained in

the present Charter, shall have the duty;

(a) to work for the cohesion of the family, to respect his parents, superiors and

elders at all times and to assist them in case of need;

(b) to serve his national community by placing his physical and intellectual

abilities at its service;

(d) to preserve and strengthen African cultural values in his relations with other

members of the society, in the spirit of tolerance, dialogue and consultation and

to contribute to the moral well-being of society;

(e) to preserve and strengthen the independence and the integrity of his country;

(f) to contribute to the best of his abilities, at all times and at all levels, to the

promotion and achievement of African Unity.

PART 11

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CHAPTER TWO: ESTABLISHMENT AND ORGANIZATION OF THE

COMMITTEE ON THE RIGHTS AND WELFARE OF THE CHILD

Article 32: The Committee

An African Committee of Experts on the Rights and Welfare of the Child

hereinafter called `the Committee' shall be established within the Organization

of African Unity to promote and protect the rights and welfare of the child.

Article 33: Composition

1. The Committee shall consist of 11 members of high moral standing, integrity,

impartiality and competence in matters of the rights and welfare of the child.

2. The members of the Committee shall serve in their personal capacity.

3. The Committee shall not include more than one national of the same State.

Article 34: Election

As soon as this Charter shall enter into force the members of the Committee

shall be elected by secret ballot by the Assembly of Heads of State and

Government from a list of persons nominated by the States Parties to the present

Charter.

Article 35: Candidates

Each State Party to the present Charter may nominate not more than two

candidates. The candidates must have one of the nationalities of the States

Parties to the present Charter. When two candidates are nominated by a State,

one of them shall not be a national of that State.

Article 36

1. The Secretary-General of the Organization of African Unity shall invite States

Parties to the present Charter to nominate candidates at least six months before

the elections.

2. The Secretary-General of the Organization of African Unity shall draw up in

alphabetical order, a list of persons nominated and communicate it to the Heads

of State and Government at least two months before the elections.

Article 37: Term of Office

1. The members of the Committee shall be elected for a tenn of five years and

may not be re-elected, however. the term of four of the members elected at the

first election shall expire after two years and the term of six others, after four

years.

2. Immediately after the first election, the Chairman of the Assembly of Heads of

State and Government of the Organization of African Unity shall draw lots to

determine the names of those members referred to in sub-paragraph 1 of this

Article.

3. The Secretary-General of the Organization of African Unity shall convene the

first meeting of Committee at the Headquarters of the Organization within six

months of the election of the members of the Committee, and thereafter the

Committee shall be convened by its Chairman whenever necessary, at least once

a year.

Article 38: Bureau

1. The Committee shall establish its own Rules of Procedure.

2. The Committee shall elect its officers for a period of two years.

3. Seven Committee members shall form the quorum.

4. In case of an equality of votes, the Chairman shall have a casting vote.

5. The working languages of the Committee shall be the official languages of the

OAU.

Article 39: Vacancy

If a member of the Committee vacates his office for any reason other than the

nonmal expiration of a term, the State which nominated that member shall

appoint another member from among its nationals to serve for the remainder of

the term - subject to the approval of the Assembly.

Article 40: Secretariat

The Secretary-General of the Organization of African Unity shall appoint a

Secretary for the Committee.

Article 41: Privileges and Immunities

In discharging their duties, members of the Committee shall enjoy the privileges

and immunities provided for in the General Convention on the Privileges and

Immunities of the Organization of African Unity.

CHAPTER THREE: MANDATE AND PROCEDURE OF THE COMMITTEE

Article 42: Mandate

The functions of the Committee shall be:

(a) To promote and protect the rights enshrined in this Charter and in particular

to:

(i) collect and document information, commission inter-disciplinary assessment

of situations on African problems in the fields of the rights and welfare of the

child, organize meetings, encourage national and local institutions concerned

with the rights and welfare of the child, and where necessary give its views and

make recommendations to Governments;

(ii) formulate and lay down principles and rules aimed at protecting the rights

and welfare of children in Africa;

(iii)cooperate with other African, international and regional Institutions and

organizations concerned with the promotion and protection of the rights and

welfare of the child.

(b) To monitor the implementation and ensure protection of the rights enshrined

in this Charter.

Party, an Institution of the Organization of African Unity or any other person or

Institution recognized by the Organization of African Unity, or any State Party.

(d) Perform such other task as may be entrusted to it by the Assembly of Heads

of State and Government, Secretary-General of the OAU and any other organs

of the OAU or the United Nations.

Article 43: Reporting Procedure

1. Every State Party to the present Charter shall undertake to submit to the

Committee through the Secretary-General of the Organization of African Unity,

reports on the measures they have adopted which give effect to the provisions of

this Charter and on the progress made in the enjoyment of these rights:

(a) within two years of the entry into force of the Charter for the State Party

concerned: and

(b) and thereafter, every three years.

2. Every report made under this Article shall:

(a) contain sufficient information on the implementation of the present Charter

to provide the Committee with comprehensive understanding of the

implementation of the Charter in the relevant country; and

(b) shall indicate factors and difficulties, if any, affecting the fullfilment of the

obligations contained in the Charter.

3. A State Party which has submitted a comprehensive first report to the

Committee need not, in its subsequent reports submitted in accordance with

paragraph I (a) of this Article, repeat the basic information previously provided.

Article 44: Communications

1. The Committee may receive communication, from any person, group or non-

governmental 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.

Article 45: Investigations by the Committee

1. 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 Govenrment 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.

CHAPTER FOUR: MISCELLANEOUS PROVISIONS

Article 46: Sources of Inspiration

The Committee shall draw inspiration from International Law on Human

Rights, particularly from the provisions of the African Charter on Human and

Peoples' Rights, the Charter of the Organization of African Unity, the Universal

Declaration on Human Rights, the International Convention on the Rights of the

Child, and other instruments adopted by the United Nations and by African

countries in the field of human rights, and from African values and traditions.

Article 47: Signature, Ratification or Adherence

1. The present Charter shall be open to signature by all the Member States of the

Organization of African Unity.

2. The present Charter shall be subject to ratification or adherence by Member

States of the Organization of African Unity. The instruments of ratification or

adherence to the present Charter shall be deposited with the Secretary-General

of the Organization of African Unity.

3. The present Charter shall come into force 30 days after the reception by the

Secretary-General of the Organization of African Unity of the instruments of

ratification or adherence of 15 Member States of the Organization of African

Unity.

Article 48: Amendment and Revision of the Charter

1. The present Charter may be amended or revised if any State Party makes a

written request to that effect to the Secretary-General of the Organization of

African Unity, provided that the proposed amendment is not submitted to the

Assembly of Heads of State and Government for consideration until all the

States Parties have been duly notified of it and the Committee has given its

opinion on the amendment.

2. An amendment shall be approved by a simple majority of the States Parties.