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Institute for Human Rights

and Development in Africa

Nomination and selection of the Members of the


African Committee of Experts on the Rights and
Welfare of the Child

Nomination et sélection des membres du Comité


Africain d’Experts sur les Droits et Bien-être de
l’Enfant

2nd CSO Forum on the African Charter on the Rights and


Welfare of the Child
2ème Forum des OSC sur la Charte Africaine des Droits et du
Bien être de l’Enfant
Who is eligible to be a Committee member?

• The Committee has eleven members who are elected by the AU


Assembly, on the advice of the Executive Council, to serve a five
year team and who cannot be re-elected on completion of their term.

• The African Charter (Art.33) states that they must be ‘of high
moral standing, integrity, impartiality and competence in matters
of the rights and welfare of the child.’

• They serve on a voluntary basis and in an independent capacity, not


as representatives of their government. They are supported in their
work by a small Secretariat based in Addis Ababa, Ethiopia. They
come from many different backgrounds including civil society,
academia or state institutions. (Cf. Folder for biographies of the
current Members).

• However, according to the Rule 11 (Rules of Procedure of the


ACERWC) and in order to maintain their independence, members shall
not be part of an inter-governmental organization, UN agency or
hold any politically binding position such as Cabinet Minister,
Deputy Minister, Member of Parliament or Ambassador.

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How are Committee members nominated and elected?
(1)

Nomination by states (Art.35 of the African Children’s


Charter)

• Each State Party can nominate a maximum of two candidates.


However, no two members of the Committee can be from the same
state which means that when two candidates are nominated by a State, one of
them shall not be a national of that State.

• Foreign ministers and the representatives of permanent missions


to the AU are asked to submit the names and CVs of their
nominated candidates to the AU Commission’s Office of the Legal
Counsel at least two months before the election is to be held.

• The process of candidate election will vary from state to state


and the best way to find out who your country is planning to
nominate (if anyone) is to contact your foreign ministry or
permanent mission to the AU in Addis Ababa, Ethiopia.

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How are Committee members nominated and elected?
(2)

• States Parties have to ask nominees to complete biographical


information indicating their judicial, practical, academic,
activist, professional and other relevant experience in the field
of children’s rights. This biographical information should also
include information on political and other associations relevant to
determining questions of both eligibility and incompatibility. In
addition, nominees have to submit statements indicating how they
fulfill the criteria for eligibility contained in the Charter.

Who elects the members?

• Members are elected by the Executive Council (comprised of the


foreign ministers of AU member states) by secret ballot in a
meeting held just prior to the AU Summit.

• Their decision is then passed to the AU Assembly for final approval


and adoption (Article 34 of the Charter).

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When are the next elections?

• The most recent election for new Committee members was at


the AU Summit in July 2008 when four new members were
elected from Benin, Burkina Faso, Madagascar and Nigeria.

• The next elections will be held in July 2010 when six of


the current members will complete their term (the
Committee’s year runs from July to July).

• There will be another election in January 2011 when Ms.


Dawlat Hassan will end her term of office.

• A list of the current members of the Committee, dates of


completion of their term of office and their short
biographies can be found in your folder.

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How can you lobby for a favoured candidate?

• The nomination and election of members to the Committee is often


shrouded in secrecy and it can be very difficult to obtain
information formally about who has been put forward.

• If you are able to find out that a candidate in your country has
been put forward, then you could try to influence the process by
contacting him or her and asking:
 What are your plans for your term at the Committee?
 How do you hope to strengthen the work of the Committee?
 What do you see as the role and potential for civil society
engagement in the work of the Committee?
 What are your views about the rights of children in Africa
and what are your views about the active participation of
children?

• This information could then be used to inform others (including


members of the Executive Council) about the candidate, and where
appropriate, to build momentum around their nomination.

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END
FIN

Thank you for your attention!

Merci de votre attention!

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