Challenges Faced By The Committee of Experts
• 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 mid-way 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.
Read more about this topic: African Charter On The Rights And Welfare Of The Child
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