A communication refers to a ‘complaint’ (‘individual complaint’) brought before a treaty body alleging the violation of a right contained in the treaty. Communications are important because through the adjudication process, tangible meaning is given to the provisions of the treaty, which may otherwise remain theoretical and abstract.
Article 44 is the basis for individual complaints/communications under the ACRWC. Article 44 of the ACRWC provides that the “Committee may receive communications, from any person, group or non-governmental organization recognized by the Organization of African Unity,by a Member State, or the United Nations relating to any matter covered by this Charter.” Thus, individual communications can be presented by a larger number of physical persons and moral entities. (See Communications Guidelines)
Download Communications Guidelines :
So far, the Committee has received 4 communications against State Parties and has given its decision on 3.
The first Communicaiton was filed in 2005 by Michelo Hunsungule on behalf of children in Northern Uganda against the Government of Uganda and was declared admissible by the Committee. The Committee rendered its decision. Download the Committee’s decision :
The second Communication is related to the child’s right to nationality. It was received in April 2009, from the Institute for Human Rights and Development in Africa (IHRDA) and the Open Society Justice Initiative (OSJI) on behalf of children of Nubian Descent in Kenya against the Government of Kenya. The Committee has given a decision on this communication. Read the decision:
The third Communication deals with child begging and was filed by the Centre for Human Rights and La Rencontre Africaine pour la Défense des Droits de l’Homme against the Government of Senegal. A decision was given on this case. Read the decision:
The fourth Communication is pending for consideration.