Африкалық балалар құқықтары мен әл-ауқаты хартасы

The African Charter on the Rights and Welfare of the Child (also called the ACRWC or Children's Charter) was adopted by the Organisation of African Unity (OAU) in 1990 (in 2001, the OAU legally became the African Union) and was entered into force in 1999. Like the United Nations Convention on the Rights of the Child (CRC), the Children's Charter is a comprehensive instrument that sets out rights and defines universal principles and norms for the status of children. The ACRWC and the CRC are the only international and regional human rights treaties that cover the whole spectrum of civil, political, economic, social and cultural rights. It calls for the creation of an African Committee of Experts on the Rights and Welfare of the Child (Committee of Experts). Its mission is to promote and protect the rights established by the ACRWC, to practice applying these rights, and to interpret the disposition of the ACRWC as required of party states, African Union (AU) institutions, or all other institutions recognized by AU or by a member state.

Children in Africa are affected by many different types of abuse, including economic and sexual exploitation, gender discrimination in education and access to health, and their involvement in armed conflict. Other factors affecting African children include migration, early marriage, differences between urban and rural areas, child headed households, street children and poverty. Furthermore, child workers in Sub Saharan Africa account for about 80 million children or 4 out of every 10 children under 14 years old which is the highest child labour rate in the world. The ACRWC defines a "child" as a human being below the age of 18 years. It recognises the child's unique and privileged place in African society and that African children need protection and special care. It also acknowledges that children are entitled to the enjoyment of freedom of expression, association, peaceful assembly, thought, religion, and conscience. It aims to protect the private life of the child and safeguard the child against all forms of economic exploitation and against work that is hazardous, interferes with the child's education, or compromises his or her health or physical, social, mental, spiritual, and moral development. It calls for protection against abuse and bad treatment, negative social and cultural practices, all forms of exploitation or sexual abuse, including commercial sexual exploitation, and illegal drug use. It aims to prevent the sale and trafficking of children, kidnapping, and begging of children.

As of 2016, the ACRWC has been ratified by 47 of the 54 states of the African Union, and signed but not ratified by the remaining seven states. Central African Republic, Democratic Republic of the Congo, Sahrawi Arab Democratic Republic, São Tomé and Príncipe, Somalia, South Sudan, and Tunisia have signed but not ratified the Charter. Morocco, a non AU member state, has also not ratified.

The committee was formed in July 2001, one and half years after the Children's Charter came into force. The members are elected by the Assembly of Heads of State and Government of the African Union. The criteria for the selection of members are:
Members must be nationals of a state party to the Children's Charter. They must be individuals of high moral standing, integrity, impartiality and competence in matters of the rights and welfare of the child. Members are nominated by signatory countries and elected by the Assembly of Heads of State of the African Union. Members are elected for a term of five years and serve voluntarily in their individual capacity. They may not be re elected. The Committee of Experts meets twice each year, usually in May and November in Addis Ababa, Ethiopia. The exact dates depend on other items on the AU agenda around these times. They are empowered to receive and examine the country ("state") reports on the measures they have adopted to implement the provisions of the Children's Charter as well as the progress achieved regarding how the rights are being protected. The final protective function of the Committee of Experts is related to the investigations procedure. They are empowered to resort to any appropriate method of investigation in respect of any issue covered in the Children's Charter.

Functional secretariat: K. F. Malindi Jr, Founder of The Rights Club and a human and child rights activist notes that the Committee of Experts have yet to establish a fully functional secretariat which means that it cannot carry out its activities or deal with communications as well as country reports. It suffers from a serious lack of resources
Attitude of member states: Many member states are unenthusiastic about the Children's Charter and are often unwilling to nominate suitable people to sit on the Committee of Experts. Often, the committee members resign midway through their term
Non state reporting: A look at states’ reporting history to the Committee of Experts also shows non commitment by countries to fulfil their treaty obligations in respect of the Children's Charter. The responsibility for preparing and submitting country reports differ from country to country, which makes it difficult for the Committee of Experts to follow up with defaulting states
The rule of pendency & appropriate bodies: Cases cannot be tried or investigated at the same time in two or more human rights bodies. Thus once a case has been brought before the Committee of Experts, it has to remain there until the legal process has been exhausted. The problem is that it takes an average of two and a half years for cases to be decided by the Committee of Experts
Other problems: Other important setback identified are the constant lack of legal counsel present at sessions of the Committee to give legal guidance on decisions being taken by the Committee; lack of coordinated cooperation and communication between the African Commission and the Committee and the non prioritising by the AU of the work of the Committee resulting in delays and cancellation of sessions.

Investigations may be initiated because the Committee of Experts has received a communication indicating a serious violation. Investigation missions can be initiated either by a state referring a matter to the Committee of Experts, or the committee can undertake its own investigations, although the Committee may only visit a State Party if invited to do so by the government. To ensure the investigative mission team has background knowledge of the situation, a preliminary report according to certain guidelines and based on available information is prepared before each investigation. The mission will meet with available state and non state organisations and people in the country where they will be investigating. Once the mission has finished its investigation, it has to release a preliminary result to the government and the media in the country of investigation. A final report is then prepared which incorporates the mission's recommendations. This mission report must be attached to the progress report of the Committee to the African Heads of State and Government. The country that has been investigated has up to 6 months after the adoption of a decision by the Committee of Experts to submit a written reply on what they have done regarding the requirements or measures in the mission report. The country's response should also include information on any measures in reaction to the recommendations made by the Committee after the mission. Civil society organisations and ‘specialised institutions’ like children's civil society organisations could also be requested to provide information on the situation of children in that state.