Recommendation on Children in Africa

We, participants to the Forum on the Participation of NGOs in the 45^th Ordinary Session of the African Commission on Human and Peoples’ Rights held at the Kairaba Beach Hotel in Banjul, The Gambia from 9-11 May, 2009,

Recalling the African Charter on the Rights and Welfare of the Child, The African Charter on Human and Peoples’ Rights, the Protocol to the African Charter on the Rights of Women in Africa, the Solemn Declaration on Gender Equality in Africa, the AU Declaration on an Africa fit for Children among many treaties and declarations;

Considering the Resolutions of the African Commission on the Right to a Remedy and Reparation for Women and Girls Victim of Sexual Violence made during the 42^nd Ordinary Session; and on the situation of Women and Children in Africa;

Concerned about the increasing vulnerability of millions of children on the African continent due to poverty and its acute impact on the children, their families and society as a whole and the insufficient political will to protect them;

Noting that to effectively address children’s rights issues on the continent, diverse, wide reaching and strong partnerships are required;

Hereby recommend that the African Commission to

Work effectively with the media to circulate information on children, and also circulate information on the work of the various national child networks;

Multiply its collaborative efforts with the African Committee of Experts on the Rights and Welfare of the Child by:

-Establishing a formal relationship with the African Committee of Experts on the Rights and Welfare of the Child (ACERWC)

-Designating a Focal Point on the Rights of Children in Africa, who would be the main contact point between the two treaty bodies;

-Attending the Committee’s sessions;

Address the issue of children’s rights in a cross-cutting manner through its own mechanisms by:

– Carrying out joint missions with ACERWC members in the implementation of the mandates of Special Rapporteurs, during promotional and investigative missions;

– Sharing information on children’s rights stemming from the consideration of state party reports, with the ACERWC;

– Taking into account progress of State implementation of other child rights/human rights treaties while examining state reports;

– Making children’s rights a cross- cutting theme in the special mechanisms of the Commission;

Accord high priority to the Call for Accelerated Action and the Plan of Action on Africa Fit for Children on its agenda and work in collaboration with the African Committee of Experts on the Rights and Welfare of the Child and the Department of Social Affairs in implementing these commitments.
Permit child rights defenders to visit detention centres and observe trials involving children.

Further call on the African Commission to urge Member States to:

stop the use of child soldiers and to ensure that children are protected in conflict situations and never used shields in war.
ensure Pro-Child budgets that prioritise issues concerning children.
encourage the nine African Governments that have not ratified the African Charter on the Rights and Welfare of the Child to do so immediately.
establish special mechanism, structures and policies within the context of UN Security Council Resolution 1325 of Women Peace and Security.
implement the STOCHOLM AGENDA on Commercial Sexual Exploitation of Children and the Agreed Conclusions of the World Congress 111, Rio De Janeiro 2008, on Commercial Exploitation of Children (CSEC).
give recognition to EU provisions of the UN Convention on the Rights of Persons with Disabilities by ensuring Children with Disabilities are given special recognition and protection within all thematic areas.
Ensure children are at the lowest possible risk of morbidity and mortality, including Mother to Child Transmission of HIV, by providing highest possible level of health and counselling services.
Ensure the right of the child to optimal health, nutrition and care including enactment and enforcement of a national code of marketing of breastmilk substitutes, particularly with regard to current global economic crisis and risk of food insecurity.
Ensure that Children’s right to health is assured through access to ethical public private interaction (PPI) programmes on food, nutrition, child’s health and development.

Done in Banjul, May 11th, 2009