The African Commission on Human and Peoples' Rights (the Commission), meeting at its 86th Ordinary Session held virtually from 23 February to 9 March 2026;
Recalling its mandate to promote and protect human and peoples' rights under Article 45 of the African Charter on Human and Peoples' Rights (the African Charter);
Considering Articles 2, 3, 4, 5, 16, 18(3), and 24 of the African Charter, guaranteeing rights to non-discrimination, equality, dignity, life, health, protection of the family, and a satisfactory environment;
Further considering Articles 2, 3, 4, 12, 14, 15, 16, and 18 of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (the Maputo Protocol), affirming women's rights to dignity, life, health, reproductive health, adequate housing, food security, and economic and social welfare;
Recalling the Commission's Guidelines on the Right to Water in Africa (2019), which recognize sanitation as integral to the right to water and affirm the need for gender-responsive approaches, including menstrual hygiene management;
Further recalling Agenda 2063, and the African Union theme for 2026 on "Assuring Sustainable Water Availability and Safe Sanitation Systems to Achieve the Goals of Agenda 2063";
Further recalling, the Ngor Declaration on Sanitation and Hygiene (2015), and the Sustainable Development Goals, in particular Goal 6 (Ensure availability and sustainable management of water and sanitation for all) and its interlinkages with Goal 3 (Good Health and Well-being), Goal 4 (Quality Education), Goal 5 (Gender Equality), and Goal 8 (Decent Work and Economic Growth);
Noting with grave concern that millions of Africans lack access to basic sanitation, with women and girls disproportionately bearing the burden through heightened risks of gender-based violence, health complications, educational exclusion, and economic marginalization;
Recognizing that inadequate sanitation undermines not only dignity and health but also socio-economic development, perpetuating cycles of poverty, limiting girls' school attendance, restricting women's economic participation, and imposing significant productivity and healthcare costs on households and communities;
Acknowledging that while the 2019 Guidelines on the Right to Water provide a foundational framework, they address sanitation primarily as interdependent with water, and that gender-specific provisions, while present, require further elaboration to fully capture the distinct dimensions of sanitation as a right;
Further acknowledging the need for greater conceptual and technical clarity regarding the right to sanitation, including its normative content, the corresponding obligations of States, and the specific measures required to address the vulnerabilities and needs of women and girls;
Recognizing that Guidelines, as a practical and flexible instrument, are well-suited to providing Member States with accessible and actionable guidance on the implementation of the right to sanitation, while allowing for broad consultation and adaptation to diverse national contexts;
Convinced of the urgent need for authoritative continental guidance that interprets the right to sanitation under the African Charter and Maputo Protocol, addressing both its human rights imperatives and its socio-economic dimensions;
The Commission:
i. Underscores that the right to sanitation is implicit in the African Charter's protections of non-discrimination (Article 2), dignity (Article 5), health (Article 16), and the right to a satisfactory environment (Article 24), and is reinforced by the Maputo Protocol's guarantees of reproductive health, housing, food security, and economic opportunities for women;
ii. Affirms that sanitation is both a fundamental human right and a critical enabler of socio-economic development, essential for poverty reduction, educational attainment, gender equality, productive employment, and the realization of the Sustainable Development Goals and Agenda 2063;
iii. Recognizes that while the right to sanitation applies to all persons, women and girls face specific and disproportionate barriers to access, requiring targeted guidance to ensure that State obligations are fulfilled in a manner that addresses their distinct needs and vulnerabilities;
iv. Determines that the existing normative and technical gaps require the development of practical Guidelines to assist Member States in fulfilling their obligations relating to the right to sanitation for women and girls and the general population;
v. Tasks its Special Rapporteur on the Rights of Women in Africa (SRRWA) and the Working Group on Economic, Social and Cultural Rights (the Working Group), in consultation with other relevant mechanisms, to develop Guidelines on the Right to Sanitation in Africa, with a specific focus on women and girls, and to present them to the Commission for consideration and adoption within two (2) years from the date hereof;
vi. Urges States Parties, civil society, National Human Rights Institutions, academic institutions, technical experts, and other stakeholders to collaborate with the SRRWA and the Working Group by contributing actively to the process of developing the Guidelines.
Done virtually, 9 March 2026
