African Child - Children's Rights First Humanitarian Action in Africa: ACERWC
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ACERWC
African Committee of Experts on
the Rights & Welfare of the Child
16th June
Day of the
African Child
“ Humanitarian
Action in Africa:
Children’s
Rights First
“Humanitarian Action in Africa: Children’s Rights First “
A. Backgound and impartiality, to deal with instances
that affect the best interests of the child.
1. The theme for the Day of the African These may be national issues concerning
Child (DAC) 2019 selected by the African children that warrant a deliberate effort
Committee of Experts on the Rights and by the States Parties to re-evaluate the
Welfare of the Child (ACERWC), established approaches, policies, and laws that speak
in accordance with Articles 32 and 33 of the to the rights and welfare of children.
African Charter on the Rights and Welfare
B. Context of the theme
of the Child (the Charter) is “Humanitarian
Action in Africa: Children’s Rights First.”
5. Humanitarian crises result from various
2. In 1991, the Assembly of Heads of State factors or events or from a combination of
and Government of the then OAU instituted several factors, and pose significant risks
the DAC in memory of the 16th June 1976 and threats to the lives, safety, security,
student uprising in Soweto, South Africa. health or general wellbeing of a large
At that time, students marched in protest number of people at a time – with little or
against the poor quality of education they no capacity to cope with the impacts of the
received and demanded to be taught in crises.1
their own languages. 6. Humanitarian crises may be natural
3. The DAC serves to commemorate these disasters, such as earthquakes, tsunamis,
floods, and health epidemics. They may
children and the brave action they took
also be man-made, resulting from factors
in defence of their rights. The DAC thus
such as armed conflicts, tensions, or strife,
celebrates the children of Africa and calls
or the result of human error or action,
for a serious introspection and commitment
such as large scale industrial accidents.
towards addressing the numerous
Humanitarian crises may also come in the
challenges facing children across the form of complex emergencies, that is,
continent. The Day should not be celebrated usually, a combination of both man-made
by State Parties and other stakeholders crises and natural disasters. This broad
as an event but rather as a process that understanding of humanitarian crises also
draws on previous celebrations to create calls for humanitarian action by States that
synergies that improve the realisation of may not be experiencing (armed) conflicts
the rights of children under national and but other disaster or emergency that
international law. requires humanitarian action.
4. The Committee is of the view that States
Parties that do not have humanitarian 1 World Vision International [US] ‘What
crises should engage the principles of is a humanitarian disaster?’ http://www.wvi.
org/disaster-management/what-humanitarian-
humanitarian action, including humanity disaster.
Day of the African Child 2019 1“Humanitarian Action in Africa: Children’s Rights First “
7. These crises often lead to the violations 10. Humanitarian crises have far-reaching
of children’s rights. These violations include implications and affect all strata of society,
failure to provide education, health or an with children being the most vulnerable to
adequate standard of living for children the impacts, as ‘they have fewer resources
to enjoy their rights, and the effects of to draw on to plan for, cope with, and
these violations may affect boys and girls recover from disaster.’3
differently. For example, boys may, to a great
11. The purpose of humanitarian action
extent be subjected to arbitrary detention,
is to uphold, as much as possible, the
torture and other inhuman treatment and
human dignity of those affected by
forced recruitment; while girls often suffer
humanitarian crises, by among others,
slavery, sexual exploitation like forced
taking measures to save lives and alleviate
marriages, physical and sexual violations
their suffering. ‘Humanitarian action
like rape and forced prostitution during or
provides life-saving services and facilitates
after a crisis.
the return to normalcy for people and
8. Children in vulnerable situations suffer communities affected by natural and man-
most from these crises. A case in point is made disasters. It also seeks to lessen
children with disabilities, who need special the destructive impact of disasters and
care and attention before, during or after a complex emergencies.’4
crisis. State Parties are obliged to evaluate
12. At its core, the selection of the 2019
the viability of their policies to cater for
DAC theme recognises that children in
children in vulnerable situations, including
Africa endure the most consequences
children with disabilities, to ensure that
of armed conflict, tension, strife, and
their rights are upheld.
other humanitarian disasters/crises. This
9. Complex emergencies usually manifest phenomenon depicts a greater problem-
in a complete or significant breakdown the inadequacy in the protection of the
of order and authority, often arising from child even before a humanitarian crisis
or resulting in violence and loss of life, takes place.
displacements, damaged economies and a
13. According to UNICEF, approximately
breakdown of the fabric of society. ‘Security
1 out of every 4 children live in countries
risks for humanitarian workers’ and the
that are plagued by humanitarian crises,
‘hindrance or prevention of humanitarian
resulting in rights violations such as, lack
assistance by political and military
constraints’ are some other features of
complex emergencies.2 crises/0/steps/22887.
3 World Vision International.
2 London School of Hygiene & Tropical 4 InterAction, ‘Humanitarian
Medicine, ‘Health in Humanitarian Crises’, Action’, https://www.interaction.org/work/
https://www.futurelearn.com/courses/health- humanitarian.
Day of the African Child 2019 2“Humanitarian Action in Africa: Children’s Rights First “
of access to medical care, clean water and the use of explosive weapons in densely
sanitation, nutrition, quality education or populated areas, the destruction of vital
protection.5 It acknowledges that solutions infrastructure like hospitals and schools.
to the challenges that these children face Not only does this affect the provision of
lie in the use of human rights law and humanitarian assistance but it also affects
humanitarian law. Problems like forcible the positive realization of essential rights
displacement, separation of children from such as health and education for children.
their families, trafficking or recruitment The rights to education and health are
for conscription into armed groups, often relegated in the hierarchy of rights
detention, economic exploitation, physical that should be upheld during humanitarian
and psychological abuse and sexual crises because States Parties do not often
exploitations require continued recognition consider the realization of these rights as
and protection of children’s rights in such “life-saving”.
humanitarian situations.
16. According to UNHCR, children
14. While these challenges can be constitute a significant proportion
addressed through humanitarian action, of populations on the move across
this requires humanitarian access. UNICEF international borders globally, with a large
decries the lack of humanitarian access in number of those children moving from
the protection of the rights of the child in and across Africa, especially children in
humanitarian situations.6 The lack of access West and Central Africa.7 In Africa, 50%
is exacerbated through armed conflict, civil of refugees are children, with about 3
unrest, and high-threat environments that million children forced out of their origins
target humanitarian workers. This also due to various humanitarian crises. Among
arises through the continued interference migrants, nearly 1 in 3 is a child, which is
by parties to the conflicts, who restrict the more than twice the global average.8
movement of workers, supplies and the
17. Due to this significant number of
affected people.
affected children, UNHCR recognises that
15. These challenges are exacerbated by children face unique protection risks, that
the continued disregard for international require that States and other partners work
law by parties to conflicts or in emergency together to reduce these risks through the
situations. This is sometimes shown in the
deliberate targeting of civilians through 7 UNICEF, ‘In Search of Opportunities:
Voices of children on the move in West and
Central Africa’, 2017.
5 UNICEF, ‘Protecting the Rights of the 8 KM Donato, ‘A Global Mapping of
Child in Humanitarian Situations’, Submission Migrant and Displaced Children: Trends and
by UNICEF to the OHCHR Report, September Patterns’, https://www.oecd.org/migration/
2017. forum-migration-statistics/1.Katherin-Donato.
6 UNICEF (September 2017). pdf.
Day of the African Child 2019 3“Humanitarian Action in Africa: Children’s Rights First “
strengthening of child protection systems. and child participation) subsist even during
humanitarian crises and should accordingly
18. In 2016, the ACERWC prepared a 25-
be prioritized.
year Agenda “Agenda 2040: Fostering an
Africa fit for children”, with the objective 21. Thus, the theme contextualizes the
to restore the dignity of the African child need for State Parties, in the protection of
through assessing the achievements and children’s rights, to start from a preventive
challenges faced towards the effective framework as the first level of complying
implementation of the African Children’s with their obligations under the Charter.
Charter. With a focus on the African child This aligns with the right to life, survival
who is affected by emergencies such as and development, and the principle of the
natural disasters, conflicts, tensions and best interests of the child as provided in
strife, the restoration of his/her dignity lies Articles 5 and 4 of the Charter respectively.
in how the States Parties are prepared for, Humanitarian crises compromise the
and deal with challenges during, and after realization of these rights and others. This
an emergency situation. calls for a deliberate effort by States to
ensure that children’s rights, beginning with
19. The ACERWC particularly draws the
the right to life, survival and development,
attention of States Parties to Aspirations
take centre-stage in humanitarian
7 and 9 of Agenda 2040. While Aspiration
emergencies.
7 seeks to ensure that “every child is
protected against violence, exploitation, 22. Further, within the bounds of the
neglect and abuse,” Aspiration 9 seeks theme of the 2019 Day of the African
that “every child is free from the impact Child- “Humanitarian Action in Africa:
of armed conflicts and other disasters or Children’s Rights First”, the ACERWC seeks
emergency situations.” These stress the to evaluate the steps that States have
need to denounce and prevent the violation taken with regard to the challenges faced
of children’s rights during conflicts and towards the protection and promotion of
emergencies, and calls for the prioritisation the rights of the child who is affected by
of the rights of the child during humanitarian emergencies and humanitarian crises.
situations.
C. Children’s Rights First
20. The selection of the 2019 DAC theme
reiterates the ACERWC’s commitment to 23. The ACERWC reiterates that the
uphold the rights of the child as laid out in the physical and psychological safety of children
Charter, even during humanitarian crises. is key to their health and future prospects.
The core principles of children’s rights (the Where this safety is threatened, their
right to life, survival and development; non- rights and needs are ignored. Children who
discrimination; the best interests’ principle; are affected include adolescents, females,
Day of the African Child 2019 4“Humanitarian Action in Africa: Children’s Rights First “
refugees, and displaced children, children need to uphold the best interests of the
in armed conflict, tension and strife. As child at all times.
such, the first step towards the promotion
27. Placing children’s rights first is a
and protection of this safety lies in the
recognition of the principle in Article 4(1)
application of international human rights
of the Children’s Charter that should be
law in humanitarian situations.
interpreted broadly to incorporate all actions
24. The requirement to protect and to that directly or indirectly affect children. The
ensure the protection of the rights of the best interests’ principle ought to be used
child, calls for the use of international as a “gap filling” tool that is used to ensure
human rights law as the measure of first that the child whose rights are violated
resort in a humanitarian crisis. Reliance in a humanitarian crisis are subsequently
on human rights law as captured in the recognized and protected by the States.
African Children’s Charter, for example,
28. As an example, States that have used
offers protection of children affected by
the DDR programming need to show how
conflict, crises and humanitarian situations,
the interventions that are being used are in
and protection in other situations. This
is because human rights standards give
rise to legal obligations that are generally
valid at all times and in all situations,
including during humanitarian crises. Thus,
the application of humanitarian law is a
complementary tool to the protection of
children’s rights in humanitarian contexts.
25. The universally recognized humanitarian
principles of humanity, neutrality, impartiality
and independence are themselves linked
to the core principles of children’s rights,
particularly the right to life, survival and
development, non-discrimination, and the
best interests of the child.
26. The requirement to place children’s
rights first is an indication that where
there is an obligation, the requisite body
or individual must fulfil such an obligation
in the interests of the child or children
concerned. This is a restatement of the
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Day of the African Child 2019 5“Humanitarian Action in Africa: Children’s Rights First “
the best interest of the child. This should education, with its content focused on
be evaluated through the tools used to re- children’s development, is able to prepare
integrate the children who are affected by children for preventing and dealing with
the humanitarian crisis. or responding to humanitarian crises,
by equipping them equipping them with
29. Closely linked to the child’s right to life,
practical skills to enhance their protection
survival and development is the right to
and survival. States Parties are therefore
health. Humanitarian crises affect children’s
called upon to have strategies in place to
health not only physically, but mentally and
ensure children can continue to access
psychologically as well. States needs to pay
education during humanitarian crises.
attention to the health needs of children,
even and especially during humanitarian 31. ‘Children’s rights first’ underscores the
crises, and respond to their survival interconnectedness of all children rights
needs. Attention should also be paid to the whether during or outside of humanitarian
health needs of children based on gender crises. Like the Charter (and the global
differences. For example, adolescent girls United Nations Convention on the Rights of
in humanitarian crises may have sanitation the Child – CRC), Agenda 2030 recognizes
and/or menstruation as well as sexual the interdependence of rights and
and reproductive health needs (including underscores the importance of the goals
sexually transmitted diseases) that are to the development of children. Through
different from the needs of other affected the adoption of a rights-based approach
children. to sustainable development, children’s
rights are highlighted as the pivot around
30. Also of great importance to children’s
which State action towards development
survival and development during
should revolve. This approach increases
humanitarian crises is the right to education.
monitoring and improves accountability
The ACERWC affirms the importance of
of governments towards the realization of
securing education for children regardless
children’s rights in connection to Agenda
of context. Access to education and
2030 goals.
learning helps children cope with the
trauma of humanitarian disasters, enabling 32. Similarly, it is important for all
them to build resilience and provides them stakeholders, including those working in
with some form of stability9. Good quality separate fields of development, policy,
and human rights, etc. to work together
and ensure a cohesive and comprehensive
9 Save the Children, «What do children
want in times of emergency and crisis? They response to humanitarian crises rather
want an education », 2015,https://www. than working in silos. The protection of the
savethechildren.org/content/dam/global/re-
rights of the child, including securing their
ports/education-and-child-protection/what-chil-
dren-want.pdf. best interests at such times depends on
Day of the African Child 2019 6“Humanitarian Action in Africa: Children’s Rights First “
joint efforts for a long-lasting impact. in places affected by humanitarian
emergencies.
D. DAC 2019: Expected outcomes d. Report (as receiving States of
refugees) on the steps taken to
ensure that the rights of children to
33. Through DAC 2019, the ACERWC affirms health, education, and a conducive
that the protection of children’s rights environment are offered to the
should be at the forefront of all humanitarian children who have been displaced as
actions, and should accordingly, be a result of emergencies.
prioritised during humanitarian crises.
e. Furthermore, to report (as receiving
34. Specifically, the ACERWC envisages States of refugees) on the steps
the following outcomes from the taken to ensure that the perpetrators
commemoration of the DAC in 2019: of violations of physical abuse against
children are brought to justice.
i. Continental commemoration of
the DAC hosted by an AU Member State. f. Develop national strategies to
prevent humanitarian emergencies,
ii. African governments publically
and where there exist, steps taken
reaffirm commitments to: Use preventive
to ensure that the protection of the
measures to avoid humanitarian situations
rights of children is prioritized.
which lead to the violation of the rights of
the child. g. Regularly undertake consultative
voluntary national reviews (VNRs)
a. Prioritise the protection and
at national and sub-national levels
promotion of children’s rights during
to monitor the protection of the
humanitarian emergencies as a key
rights of children under humanitarian
to achieving the desired outcome of
emergencies.
Aspirations 7 and 9 of Agenda 2040
and the broader Agenda 2063. iii. DAC celebration events are held in
two-thirds of AU Member States.
b. Develop strategies that indicate the
steps taken to ensure that the best iv. The mass sensitisation and
interests of the child, especially dissemination of DAC messages in
children with disabilities are upheld in national and regional media (such
humanitarian crises. as TV, newspapers and the internet,
especially social media).
c. Report the steps taken to ensure
the recognition and respect of the v. Children at all levels and from various
rights of the child in instances of or backgrounds play a major role in the
Day of the African Child 2019 7“Humanitarian Action in Africa: Children’s Rights First “
planning and implementation of DAC concerted effort on the specific
2019 activities. needs and concerns of these children.
E. Methodology • The States’ approach to the possible
violation of the rights of the child
35. The ACERWC, in collaboration with a should proceed from a preventive
Member State of the African Union, will hold approach to a protective approach.
a Continental Commemoration of the DAC This will ensure that a human rights
on or around June 16, 2019. approach prevails in the course of
the humanitarian emergencies
36. The ACERWC recommends that all AU
Member States, in collaboration with civil
society, UN agencies and other partner G. Opportunities and Strategies
organizations, celebrate the DAC through
a wide variety of national and sub-national Agenda 2040
events and activities. Member States and
partners are also encouraged to promote 39. The ACERWC calls on Member States
the DAC through local and national media to incorporate Agenda 2040 and particularly
coverage. Aspirations 7 and 9 to guide the protection
of the rights of the child at the national and
37. The ACERWC strongly recommends
regional level. This will aid the pre-emptive
the active participation of children in the
and protective mandate of the rights of the
planning, implementation and monitoring of
child during humanitarian crises.
DAC activities.
F. Key messages The Voluntary National Reviews
38. Member States and partners are en-
mechanism
couraged to incorporate the following top-
40. The State government should be
line messages into their activities, while
accountable with regard to the steps taken
highlighting issues specific to the national/
to protect and ensure protection of the rights
local context, for example, a focus on the
groups of children whose rights may not be of the children. This accountability is seen
at the forefront during a humanitarian crisis. in consultative voluntary national reviews
(VNRs) at national and sub-national levels.
• Africa’s Agenda 2063 and 2040
41. The ACERWC welcomes the use of
cannot be achieved without attention
this positive development and encourages
to the children whose rights are
other Member States to carry out reviews
continually violated in humanitarian
conduct the VNRs and sign up to submit the
emergencies. There is need for a
reports in 2019 and beyond. By so doing,
Day of the African Child 2019 8“Humanitarian Action in Africa: Children’s Rights First “
Member States will increase momentum for the
realization of children’s rights in their countries.
H. Commemoration of the DAC and
Reporting
42. The ACERWC calls upon Member States
to give serious attention to the protection and
promotion of the rights of the child before,
during and after the occurrence of humanitarian
emergencies. Consequently, the proper
organisation of programmes and activities to
mark the DAC 2019 should be prioritized. The
ACERWC will be better able to establish the
state of protection of the rights of the child in
humanitarian situations.
43. The reports made by the States Parties will
be instructive in gauging the steps that Member
States have taken and enable the ACERWC to
measure success against the objectives of the
DAC 2019 while dealing with the question of
violation of the rights of the child. Through the
reports, the ACERWC is also able to highlight
progress made and best practices with regard
.
to the protection of the rights of children in
humanitarian emergencies
Day of the African Child 2019 9“Humanitarian Action in Africa: Children’s Rights First “
ANNEX
Monitoring Framework for Reporting on Commemoration of the Day of the African Child
2019: Template: “Humanitarian Action In Africa: Children’s Rights First”
This template is a reporting framework that the AU Members States and other stakeholders may use to report
to the Committee on the celebration of the DAC on 16 June 2019, on the theme, ‘“Humanitarian Action In
Africa: Children’s Rights First”.
Country/Organization:
Partners:
Measures and Activities undertaken:
• Summary/Analysis of the theme as it applies to national, local or organizational context
• Legal, Policy, Administrative and other measures in place to identify and reach the
children affected in humanitarian situations.
• Measures to be undertaken to identify, reach and promote awareness about the dangers
of the non- protection of the rights of children during a humanitarian crisis.
Report on Events organized on or leading up to 16 June 2019
Event Details Of No. Of Participants/ Details Of National, Regional
Event Those Reached Implementing Or District Level
(Children)⃰ Agency Impact
*Provide disaggregated data on age, sex, place of origin, etc.
Day of the African Child 2019 10ACERWC
African Committee of Experts on the Rights & Welfare of the Child
P.O.Box: 3243, Roosevelt Street
#DAC2019
Addis Ababa, Ethiopia
For more informations:
Ms. Catherine Wanjiru Maina
Email: MainaC@africa-union.org
Tel: +251-11 551 77 00 www.acerwc.africaYou can also read
