African Charter On The Rights and Welfare of The Child - Specific Requirements of A Communication

Specific Requirements of A Communication

A communication must meet the following criteria:

• It cannot not be anonymous;

• It must be written;

• It must be submitted within a reasonable deadline or timeframe, depending on the nature of the complaint;

• It must written in a reasonable and non-defamatory tone;

• It must be compatible with the AU rules and laws or the Children's Charter;

• It must not be exclusively based on information in the media;

• Issues must not have been already decided by another investigation, procedure or international regulation;

• It must only be submitted when all local / domestic remedies have been exhausted or when the author of the communication is not satisfied with the solution provided at the local / domestic level;

• The Committee of Experts can also review its own decision in a communication where the complainant can provide additional information to support his/her case;

• The Committee of Experts can receive a communication from a non-State Party (e.g. CSO, individual, group of people) if it is in the best interest of the child.

If the communication meets the above requirements, then it may be considered by the Committee of Experts. When a complaint reaches the committee, a group will be assigned to work on it to decide if it is acceptable. If it is acceptable then they will give feedback both to the country where the problem is located. If there are gaps, then the committee will ask the country to take measures to protect the complainant while it is being investigated further.

The work on the complaint is confidential and is held in closed session debates. Once a decision has been taken, a communication is sent to the country's state department. A member on the Committee of Experts is designated to follow up and coordinate the process. Once the process has been completed, a report is sent to the Committee of the Heads of State and Government.

Children who are the authors or who are the victims in the communication process now have an opportunity to express their opinions to the Committee of Experts. This provision guarantees the cardinal principle of child participation in issues concerning them.