Mission description

The African Committee of Experts on the Rights and Welfare of the Child (ACERWC) is an African Union Organ established to monitor the implementation of the African Charter on the Rights and Welfare of the Child (the Charter). As per article 43 of the Charter, the ACERWC has the mandate to receive and consider State Party reports on the status of the implementation of the Children’s Charter. After considering State Party reports it issues concluding observations and recommendations on the measures that States Parties may take to improve the implementation of the Charter. In accordance with Article 44, the ACERWC also has the mandate to consider complaints against States Parties on alleged violations of the Charter. Following the consideration of complaints, the Committee issues decisions for the Respondent State if a violation of the Charter was established. Moreover, the ACERWC may undertake investigations pursuant to article 45 of the Charter on child rights issues after which it issues recommendations and calls for action on the issues under investigation. The ACERWC also issues recommendations and call for actions to Member States of the African Union on children’s rights issues in other forms such as letter of urgent appeals, resolutions, statements, among others.

The ACERWC notes that its recommendations and decisions arising out of its mandates enhance the implementation of the Charter if they are implemented. Hence, monitoring State compliance with the decisions and recommendations of ACERWC is key to the full realization of children’s rights. Accordingly, the ACERWC undertakes various activities to monitor the implementation of its decisions and recommendations and from its activities, it notes that the is a gap in implementation.

Various factors contribute for such non-compliance by States including lack of (Inadequate) legislative and institutional frameworks that can facilitate the implementation of the decisions of ACERWC and sometimes lack of capacity to implement; Lack of political will from some States to implement the decisions of ACERWC; Lack of collaboration among Government Organs and other stakeholders; and lack of an effective and fully operational follow up mechanism to monitor the implementation of decisions.

Cognizant of the above-mentioned issues and the need for regular and continued monitoring of States’ compliance with its decisions and recommendations, the ACERWC established the Working Group on implementation of decisions during its 35th Ordinary Session, held virtually from 31 August to 08 September 2020. The Working Group is composed of four members of the ACERWC and mandated to undertake its activities as defined primarily by the African Children’s Charter, the Resolution establishing the Working Group and the Standard of Operating Procedures for the establishment of Working Groups as Special Mechanisms within the ACERWC.

The Working Group on implementation of decisions, at its initial meeting held on November 10, 2021, in Bujumbura, Burundi, adopted its workplan for 2022-2023. Accordingly, a first set of activities was implemented in 2022 including the adoption of resolutions and the development of the Study on the status of the implementation of the decisions of the Committee. Currently, the Working Group is working under the objectives of its workplan for 2023 in order to continue reviewing progress made in the implementation of the ACERWC’s decisions and recommendations, which include among others, developing compliance-guidelines to measure whether States parties to the African Children’s Charter comply with the decisions and recommendations of ACERWC as well as preparing internal Guidelines aiming to provide the Committee with guidance that it will need to consider for developing Reparations in its decisions.

In this regard, the ACERWC in collaboration with Expertise France would like to hire a qualified individual consultant to assist the undertakings of the Working Group on Implementation of Decisions of the ACERWC

Project or context description

Objectives of the technical assistance mission

The main objectives of the short-term mission include:

• Supporting the mandate of the Working Group to deliver its tasks
• Increase the visibility of the Working Group
• Popularising the Study on Status of Implementation of Decisions
• Ensure that the undertakings of the Working Group are compiled and shared with stakeholders through timely reporting to increase collaboration and pave the way for resource mobilization

Main Deliverables

The individual consultant will be tasked to support the activities of the Working Group on Implementation of Decisions. Specifically, the consultant will be undertaking the following activities:

1. Develop criteria/guidelines on States’ compliance to the decisions and recommendations of the Committee and present the same to the Working Group: the guidelines will measure among other things whether adequate compensation has been provided to the victim, a suitable legislative review was undertaken, and non-repetition of the violation had been guaranteed
2. Assist the development of the ACERWC’s guidelines on reparations issued by the Committee under its Communication’s procedures
3. Collect information from Civil Society actors, NHRIs and other stakeholders on their assessment of the level of implementation of the Committee’s Decisions and recommendations to support the Special Rapporteurs/ Country rapporteurs and the Working Group in the exercising of their respective responsibilities/mandates to follow-up on recommendations issued by the ACERWC;
4. Produce a report/publication on level of implementation of the Committee’s Decisions on selected themes/decisions/ countries as decided by the Working Group;
5. Provides support in the facilitation and organization of the 4th working group’s meeting of March 2023); and
6. Draft the activity report of the Working Group

Required profile

The Consultant who will be recruited for this task must have the following qualifications and experience;

1. Advanced university degree in law, human rights, children’s rights/welfare, or other related disciplines.
2. A minimum of five years working experience in the area of children’s rights;
3. Demonstrated experience in child rights monitoring at the continental level;
4. Demonstrated knowledge of the African Charter on the Rights and Welfare of the Child and the work of the African Committee of Experts on the Rights and Welfare of the Child;
5. Work experience in the AU, UN, or other international organizations, especially in treaty body mechanisms;
6. Excellent analytical skills, using both qualitative and quantitative methods.

Additional information

Dates and location of the technical assistance mission

The Consultancy based in Maseru, Lesotho for a duration of 30 payable working days. The distribution and utilization of the 30 working days will be determined through an agreement between the Consultant, the ACERWC and Expertise France. 

1. Reporting Lines

The consultant will work under the direct supervision and guidance of the Executive Secretary of ACERWC.

2. Application

Expertise France and the ACERWC invite eligible Individual Consultants to indicate their interest in providing the consultancy services. Interested candidates must provide information demonstrating that they have required qualifications and relevant experience to perform the services.

The application document should consist of the following:

• A cover letter summarizing the background of the applicant and with names and contacts of three references;
• A Customized Curriculum Vitae not exceeding 3 pages;
• A Technical Proposal on:
  • Understanding and interpretation of the TOR;
  • Work plan and
  • Time and activity schedule
• A Financial proposal on:
  • Consultant’s daily rate in US$.
• Evidence of educational background and professional experience.

Selection criteria for applications

The selection process for candidates will be based on the following criteria :

• Candidate’s training/skills/experience
• Candidate’s training/diplomas related to the expert assignment
• Candidate’s skills linked with the expert mission
• Candidate’s experiences linked with the expert mission