The promotion of economic, social, and cultural rights of vulnerable groups in Africa pursuant to treaty obligations: CRC, CEDAW, CERD, & CRPD. (Convention for the Rights of the Child, Convention for the Elimination of All Forms of Discrimination Against Women, Convention for the Elimination of All Forms of Racial Discrimination, International Convention on the Promotion and Protection of the Rights and Dignity of Persons with Disabilities)

• Published date: 22 March 2015
• Author: De La Vega, Connie,Zeleke, Kokeb,Wilch, Esther
• Date: 22 March 2015

I. INTRODUCTION

This Article will examine the promotion of the economic, social, and cultural rights of vulnerable groups, such as women, children, persons with disabilities, and racial minorities through the human rights treaty body review process. It will highlight the range of mechanisms at the international level that can be used to enforce the rights of vulnerable communities in Africa, and the extent to which these mechanisms have been utilized by African States, with a focus on four applicable international treaties. These treaties are the Convention for the Rights of the Child (CRC), (1) the Convention for the Elimination of All Forms of Discrimination against Women (CEDAW), (2) the Convention for the Elimination of All Forms of Racial Discrimination (CERD), (3) and the International Convention on the Promotion and Protection of the Rights and Dignity of Persons with Disabilities (CRPD). (4) These treaties are monitored by committees bearing names similar to the treaties and thus the same initials will be used: Committee on the Rights of the Child (CRC); Committee on the Elimination of Discrimination Against Women (CEDAW); Committee for the Elimination of Racial Discrimination (CERD); and the Committee on the Rights of Persons with Disabilities (CRPD). This Article will analyze the participation of African states in the treaty bodies and the articulation and implementation of the rights under those treaties for the identified vulnerable groups. The purpose of the review of African countries is to consider the effect that treaty participation has had on the continent, with the view of assessing the capacity that the treaty bodies have for promoting and protecting human rights by documenting laws and practices in various countries. It is hoped that the Article will provide an overview of the laws as well as some positive practices that have been adopted by various African countries in line with the human rights treaties.

The adoption and implementation of the treaties reveals that the African continent is the center of the focus of this analysis because of its vast diversity and relative lack of information in regards to the adoption and implementation of UN agreements. Rather than lumping the different countries into a single narrative, this Article gives a cursory look at various issues and how they arc being approached in the context of individual countries.

Because it is often difficult to get information in these countries, the research is based primarily on the Concluding Observations of four treaty body committees, and on other resources from governmental and nongovernmental organizations. Concluding Observations report on individual countries' compliance with the relevant treaty, taking into account the states' reports, dialogues, and other information received from Civil Society. (5)

The countries reviewed, and the issues discussed, are a reflection of some of the most positive changes in law and practice that have occurred in the last several years. The countries covered, along with the solutions offered, are not representative of the continent as a whole, and are not intended to be taken as such. The primary principle for selection of the countries included reflects the availability of reports that address both the situation of vulnerable groups and the protection of economic, social, and cultural rights. Within the constraints of the reporting system, there is a variety of geographic, demographic, and governmental structures covered that show models of successful implementation.

While it is difficult to document the connection between participation of countries in the treaty body system and their subsequent human rights record, it is postulated that the system is having an effect on legislation and programs aimed at protecting the rights of vulnerable people. In addition, the system allows for reporting of practices, both of which can be emulated by other countries.

II. CONVENTION ON THE RIGHTS OF THE CHILD

The Convention on the Rights of the Child (CRC) is an international treaty adopted by the United Nations General Assembly. (6) Adopted in 1989, 195 countries are parties to the CRC. (7) The United States of America and Somalia are the only two countries that have signed the treaty but have not yet ratified it, (8) while South Sudan, which seceded from Sudan in 2011, has yet to sign or ratify the Convention. (9)

This part will focus on six countries, including those that have made significant progress, as well as those that require stronger laws and practices in order to ensure the protection of children. The countries are Botswana, Liberia, Mali, Namibia, Algeria, and Cameroon, based on Concluding Observations by the CRC in 2004 for Botswana, (10) 2007 for Mali, (11) 2010 for Cameroon, (12) and 2012 for Liberia, (13) Namibia, (14) and Algeria. (15)

The rights of children encompass a wide variety of issues, and the following will focus on themes that are presently addressed in multiple African countries, with a focus on positive changes, as well as shortcomings, and how they can be remedied. These issues are child labor, trafficking and sex tourism of children, educational standards, corporal punishment, health care affecting children, and the formulation of the justice system as it applies to minors.

A. Child Labor, Trafficking, and Sex Tourism

In regards to child labor, Article 32 of the CRC states that children have the right to be "protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, ... health, or physical, mental, spiritual, moral or social development." (16) The same Article also states that parties to the CRC must establish a minimum age for employment, regulate hours and conditions of work, and establish and enforce penalties for those who violate standards and/or subject children to child labor. (17)

Namibia is one of the African countries that has made positive progress in this respect. In 2012, the state launched a five-year (2012-2016) call of action in order to implement the constitutional mandate that reflects the obligations outlined in the CRC. (18) Enacted in June 2012, the Namibia National Agenda for Children centers on five principles: "health and nourishment; early childhood development and schooling; HIV prevention, treatment, care and support; adequate standard of living and legal identity; and protection against neglect and abuse." (19) Namibia promoted education and awareness of children's rights through various initiatives including the "Day of the African Child" and the "Day of the Namibian Child". (20) Namibia also printed child-friendly versions of the CRC, although only in English so far. (21)

Algeria has implemented numerous initiatives to eradicate child labor, some of which were focused on raising awareness about the dangers of this practice, and involved around 300,000 children in educational and vocational training establishments. (22) Although the minimum legal age to work is 16, the government lacks the ability to enforce such laws when they apply to children employed in the informal sector. This has resulted in the age restriction having little or no substantial impact.

With respect to trafficking, Article 35 of the CRC provides that "States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form." (23) Algeria passed a law in 2009 that criminalizes human trafficking, with increased penalties for those who are involved in the trafficking of children. (24) A network of civil society organizations also manages a helpline specifically for children. (25) Despite these laws and the efforts of non-governmental organizations, Algeria is still lacking in terms of the implementation and enforcement of these laws. (26) Cameroon, for its part, has a few measures in place to fight this problem including laws that criminalize the trafficking and smuggling of children and the National Plan to Combat Trafficking and Sexual Exploitation, approved in 2009, as well as other measures taken to address this human rights violation specifically in the context of tourism. (27)

B. Education Standards

Article 28 of the CRC provides that children have the right to education. (28) In order to afford this positive right, the CRC lists potential party actions, including implementing "measures to encourage regular attendance at schools and the reduction of drop-out rates," and making "primary education compulsory and available free for all." (29) Algeria is a country that shows significant advancement in this respect. In 2007, Algeria reached a 98% primary education enrollment rate. (30) In 2009, Algeria implemented a strategy to eliminate illiteracy by 2015 and achieved a girl's right to education by making education compulsory for boys and girls between the ages of 6 and 16; (31) however, education in Algeria is still not free as required by the CRC. (32) Families still have to pay 10% of school fees at the primary level and around 21% at the secondary level. (33)

C. Corporal Punishment

In regards to corporal punishment and various types of abuses that are often times legitimized by local cultures, Article 19 of the CRC states in part that countries need to "take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation." (34) In some societies, corporal punishment is seen as an appropriate vehicle for influencing and teaching behaviors to children. In addition to its use in the nuclear family structure, corporal punishment is also used in schools to discipline young children; (35) however, as parties to the CRC, States are required to take...