INTER-SESSION ACTIVITY REPORT OF HONOURABLE COMMISSIONER MUDFORD ZACHARIAH MWANDENGA
As
Member of the African Commission on Human and Peoples’ Rights;
Vice Chairperson of the Working Group on the Rights of Older Persons and Persons with Disabilities;
&
Chairperson of the Working Group on Economic, Social and Cultural (ECOSOC) Rights
Presented at the
79th Ordinary Session
14 May- 3 June 2024
Hybrid Format
Banjul, The Gambia
TABLE OF CONTENT
Contents
SECTION I – INTRODUCTION 3
SECTION II – INTER-SESSION ACTIVITIES 4
Part I: Activities Undertaken In My Capacity As A Member Of The Commission & Country Rapporteur……………………………………………………………………..4
Part II: Activities Undertaken In My Capacity As The Vice Chairperson Of The Working Group on The Rights of Older persons and Persons with Disabilities in Africa………………………………………………………………………………………....8
Part III: Activities Undertaken In My Capacity As The Chairperson Of The Working Group on Economic, Social And Cultural (Ecosoc) Rights In Africa........................................................................................................................................9
SECTION III - SITUATION ANALYSIS OF ECOSOC RIGHTS ON THE CONTINENT AND RECOMMENDATIONS 12
Part I: Situation Analysis of Ecosoc Rights on the Continent 12
Part II: Opportunities seized by the workign group on Ecosoc 16
Part III: Conclusion & Recommendations 17
SECTION I – INTRODUCTION
1.This Report is submitted in accordance with Rules 25(3) and 64 of the Rules of Procedure 2020, of the African Commission on Human and Peoples’ Rights (the Commission) and covers the activities undertaken during the inter-session period between the 77th and 79th Ordinary Sessions of the Commission.
2.The Report covers activities I undertook as a Member of the Commission, as Country Rapporteur responsible for monitoring human rights situation in Ethiopia, Liberia, Malawi, Rwanda and Uganda; as Chairperson of the Working Group on Economic, Social and Cultural Rights in Africa and Vice Chairperson of the Working Group on the Rights of Older Persons and Persons with Disabilities in Africa.
3.The Report is divided into three (3) sections as follows:
(a)Section I: Introduction
(b)Section II:
-Part I - Activities undertaken in my capacity as a Member of the Commission and Country Rapporteur Monitoring Human Rights situation in my countries of responsibility;
Part II – Activities undertaken in my capacity as Vice Chairperson of the Working Group on the Rights of Older Persons and Persons with Disabilities;
-Part III – Activities undertaken in my capacity as the Chairperson of the Working Group on Economic, Social and Cultural Rights in Africa; and
(c)Section III:
-Part I – Situation analysis of ECOSOC Rights on the Continent; and
-PART II: Opportunities seized by the Working Group on ECOSOC
-Part II - Conclusion and Recommendations.
SECTION II – INTER-SESSION ACTIVITIES
Part I: Activities Undertaken In My Capacity As A Member Of The Commission & Country Rapporteur
A.Ordinary Sessions of the Commission
77th Ordinary Session
4.From 20th October to 9th November 2023, I participated in the 77th Ordinary Session of the Commission, held in Arusha, Tanzania, wherein I contributed to the Commission’s interaction with stakeholders on urgent human rights issues on the Continent. I also held briefs with delegates and representatives of human national human rights institutions and non-governmental organizations on the human rights situation in the countries I cover. Furthermore, I participated in consideration and adoption of decisions on Communications and Resolutions, examination of Periodic State Reports pursuant to Article 62 of the African Charter on Human and Peoples’ Rights (the African Charter), and review of other documents adopted by the Commission.
78th Ordinary Session
5.On 23rd February to 8th March 2024, I participated in the 78th Ordinary Session of the Commission, held virtually, which primarily considered Communications; Resolutions; Reports; other documents and matters arising from the Commission’s 77th Ordinary Session.
B.1st Joint Forum of Special Mechanisms of the Commission
6.From 25 to 27 April 2024, I attended the inaugural Joint Forum of Special Mechanisms of the Commission in Dakar, Senegal. This pioneering event convened by the Commission with the theme "Advancing the protection and promotion of human rights in Africa: Strengthening commitments, overcoming challenges, and reinforcing opportunities," provided a platform for stakeholders to collaborate on cross-cutting issues and engage in joint initiatives recognizing the interdependence of all human rights.
7.The Forum's main objective was to enhance the Commission's intersectional approach to human rights, emphasizing the interconnected nature of all rights.
C. Country Monitoring:
8.In accordance with the Commission’s mandate under Article 45 of the African Charter, the Commission has an important role in the implementation, monitoring and assessment in respect for the provisions therein. In this regard, Members of the Commission have the responsibility to monitor the situation of human rights in countries and address concerns as appropriate. In doing so, State Parties and other stakeholders are encouraged “to cooperate and consult the Country Rapporteurs of the Commission in the design, planning, implementation and review of Human Rights mandate in their country.”
9.In line with my mandate, I monitor the situation of human rights as Country Rapporteur in the following five (5) State Parties to the African Charter, namely: Federal Democratic Republic of Ethiopia; Republic of Liberia, Republic of Malawi, Republic of Rwanda and Republic of Uganda.
10.During the intersession period therefore, I paid particular attention to the human rights situations in the respective countries, and in doing so, I issued letters of Urgent Appeals, Joint Declaration and Press Release on the human rights concerns brought to my attention, as well as a Congratulatory letter:
Letter of Urgent Appeal to the Republic of Malawi
11.On 26th February 2024, as the Country Rapporteur on the Human Rights situation in the Republic of Malawi, together with the Chairperson and Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa and the Special Rapporteur on Freedom of Expression and Access to Information in Africa, we sent a letter of Urgent Appeal to H.E. Lazarus Chakwera, President of the Republic of Malawi, regarding escalating threats against Mr. Gregory Gondwe, an investigative journalist working in Malawi.
12.The reports indicate that Mr. Gondwe published an article detailing alleged dealings between the Malawi Defence Force (MDF) and a businessman who is facing allegations of corruption, which exposed alleged substantial payments made by Government to companies owned by the businessman for the procurement of military equipment, contradicting government statements that it has cancelled contracts with entities linked to him. Further reports indicate that Mr. Gondwe has allegedly received warnings from “top ranking officials,” indicating the intent of MDF to arrest him for “endangering state security” and to detain him incommunicado unless he discloses his sources for the article.
13.In view of the concerns expressed, and reaffirming the rights and freedoms enshrined in the African Charter, we respectfully urged the Government of Malawi to :
a)Provide clarification regarding the allegations of escalating threats against Mr. Gregory Gondwe;
b)Carry out independent and impartial investigation into the allegations of harassment against Mr. Gondwe;
c)Reaffirm the indispensable role of the media as the fourth estate, in particular, by taking all necessary measures to provide journalists and other media practitioners with an environment that is conducive to free expression without undue interference or fear of reprisal, from State and non-State actors; and
d)Inform the Commission of the steps it has taken or intends to take in fulfilment of its obligations with respect to the concerns raised in this letter.
14.The Commission is yet to receive a response from the Government of the Republic of Malawi.
Joint Letter of Urgent Appeal to the Republic of Senegal
15.On 22 January 2024, in my capacity as the Chairperson of the Working Group on Economic, Social and Cultural Rights in Africa, together with the Commissioner Rapporteur on the human rights situation in Senegal, Hon. Selma Sassi, we sent a Joint Letter of Urgent Appeal to the President of the Republic of Senegal, H.E Macky Sall, regarding the prolonged closure of Cheikh Anta Diop University. The reports indicated that the Cheikh Anta Diop University remained closed since the riots of 1 June 2023, which regrettably set several parts of the country ablaze. The reports also indicated that alhough measures have been taken to mitigate the educational and scientific consequences of the closure, in particular by replacing face-to-face teaching with distance learning, this does not seem to meet the real needs of the students.
16.In view of the concerns expressed, and reaffirming the rights enshrined in the African Charter, we respectfully urged the Government of the Republic of Senegal to :
a)Provide the Commission with an explanation of the position of the Government’s position on raised in this letter;
b)Take appropriate measures for the reopening of UCAD;
c)Ensure the protection of the right to education, particularly in higher education;
d)Respect international obligations and commitments aimed at protecting and promoting human rights for all individuals, particularly socio-economic rights; and
e)Provide the Commission with information on measures taken or planned to address the concerns raised in this letter.
17.The Commission is yet to receive a response from the Government of the Republic of Senegal.
Congratulatory Letter to the Republic of Liberia
18.On 5th February 2024, in my capacity as the Commissioner Rapporteur on the human rights situation in Liberia, I sent a congratulatory letter to H.E Joseph Nyumah Boakai, President of the Republic of Liberia on his election as the President of the Republic of Liberia, following the general elections held in Liberia on 10 October 2023 and his swearing in ceremony held on 22 January 2024. I took the opportunity to wish him great success in his high office, for which the Commission expects significant progress in the areas of promotion and protection of human rights, in line with the African Charter and other relevant human rights instrument ratified by the Republic of Liberia.
Joint Press Statement on Support for an International Treaty on Tax Cooperation and Resources for Financing Social and Public Services
19.On 20th November 2023, as human rights mechanisms of the Commission responsible for the promotion of economic, social and cultural rights and collective rights of peoples, I issued a Press Statement jointly with the Chairperson of the Working Group on Extractive Industries, Environment and Human Rights, Honourable Solomon Ayele Dersso, on support for an International Treaty on Tax Cooperation and Resources for Financing Social and Public Services.
20.We expressed grave concern over the regressions being experienced in the enjoyment of these rights as many people are unable to have access to essential social and public services and many are pushed to extreme poverty in recent years. We, expressed our support for the African Group's call, as expressed in resolution A/78/235 (2023) and further developed in the UN Secretary-General report on the “Promotion of inclusive and effective international tax cooperation at the United Nations” (A/78/235) to begin intergovernmental discussions at the United Nations on ways to strengthen the inclusiveness and effectiveness of tax cooperation and move it forward to the design of a legally binding framework convention.
21.We specifically called on States of the United Nations that are members of the African Group and those who support progress towards the realization of the SDGs and the creation of an equitable world reflective of the shared conviction in the dignity and equal worth of all human beings, to engage decisively in the ongoing discussions at the seventy-eight session of the United Nations General Assembly (under agenda item 16, Macro-economic policy questions”) to advance the proposals made by the African group under the leadership of Nigeria.
Joint Declaration on the Promotion of the Rights of Assembly and Association for Workers in the Informal Economy
22.On 30th April 2024, together with the Office of the Special Rapporteur on Environmental Rights of the Inter- American Commission on Human Human Rights (IACHR), the United Nations Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association, we issued a joint declaration on the promotion of the rights of assembly and association for workers in the informal economy. In the declaration we inter alia urged all States to take meaningful and effective action to protect and ensure the fulfilment of human rights of informal economy workers, with particular attention to their assembly and association rights.
Part II: Activities Undertaken In My Capacity As The Vice Chairperson Of
The Working Group on The Rights of Older persons and Persons with Disabilities in Africa
Webinar to raise awareness of the Anglophone Member States of the AU on the Ratification of the Protocol on the rights of older persons and persons with disabilities.
23.On 14th December 2023, in my capacity as the Vice Chairperson of the Working Group, I took part in a Webinar to raise awareness of the Anglophone Member States of the AU on the Ratification of the Protocol on the rights of older persons and persons with disabilities, held virtually.
24.The Webinar aimed to raise awareness among States Parties to the African Charter and their relevant stakeholders of the urgent issue of the ratification of the Protocols, which could provide a specific framework for State intervention in various situations. This is a particularly relevant a issue in an African context where, on the one hand, the percentage of these two categories of vulnerable people in the overall population continues to increase, while on the other hand, the difficulties they encounter and the violation of their rights is also increasing due to various factors, including the lack of specific and well-articulated legally binding frameworks.
Part III: Activities Undertaken In My Capacity As The Chairperson Of The Working Group on Economic, Social And Cultural (Ecosse) Rights In Africa
Promotion and Protection of ECOSOC Rights in Africa through:
A. Strategic Engagements during Sessions of the Commission
i.Activities during the 77th Ordinary Session
25.During the 77th Ordinary Session of the Commission, I presented my Activity Report which informed participants of the situation of ECOSOC rights in Africa, received interventions from interested Stakeholders and took note of matters requiring the attention of the Working Group. I also had meetings on the margins of the 77th Ordinary Session with partners and discussed possible areas of collaboration with the Working Group, to fulfil its mandate.
26.I also participated in the Panel on Ratification of the Protocol to the African Charter on the Right of Citizens to Social Protection and Social Security in Africa and Dissemination of General Comment No 7: State Obligations under the African Charter on Human and Peoples’ Rights in the context of Private Provision of Social Services, organised by the Working Group on ECOSOC Rights in Africa. The objective of the panel session was to encourage State Parties to sign and ratify the Protocol on Social Protection as well as encouragé the dissemination of the General Comment 7, amongst State Parties, National Human Rights Institutions (NHRIs), Civil Society Organizations (CSOs), Non-Governmental Organizations (NGOs), and all other interested institutions and individuals.
27.Furthermore, I also participated in various side events organised on the margins of the 77th Ordinary Session by various partners/ stakeholders including the followings:
a)77th Ordinary Session of the Commission NGO Forum;
b)6th National Human Rights Institution (NHRI) Forum;
c)Meeting with Centre for Reproductive Health Rights;
d)Side-Event on “The Human Rights Impact of Overfishing in West Africa”;
e)Validation Meeting on the Study on the Impact of Climate Change on Human and Peoples’ Rights in Africa;
f)Validation Meeting on the Study on the Impact of Climate Change on Human and Peoples’ Rights in Africa;
g)Side Event: Twenty Years of The Maputo Protocol: Assessing Its Impact on SRHR Litigation and Non-Communicable Diseases in Africa;
h)Joint Side Event: UN Special Rapporteur on the rights to Freedom of Assembly and Association– Addis Ababa Roadmap; and
i)Advancing the Rights to Freedom of Peaceful Assembly and of Association of Workers in the Informal Economy in Africa.
ii.Activities on the margins of the 79th Ordinary Session
NGO Forum
28. On 11th May 2024, on the margins of the present Session of the Commission, I participated at the Forum on the participation of the NGOs to the 79th Ordinary Session of the Commission (NGO Forum), which took place virtually. The objective of the NGO Forum was to foster closer collaboration among and between NGOs and the Commission to provide a discussion platform for organisations working on democracy and human rights issues in the continent, and promote networking amongst others.
29.I moderated the Inaugural Panel Discussion on Human Rights Educating and Equality in African Education Systems. I was also a Panellist on Panel 3: Overcoming Barriers to Education Access in Rural Africa: Experience Sharing and Lesson Learnt.
B.Strategic Engagements with Partners during the Intersession of the Commission
Meeting of the Working Group on ECOSOC with partners
30.On 28th November 2023, I took part in an online meeting of the Working Group on ECOSOC with its partners, the Solidarity Centre and the International Network for Economic, Social and Cultural Rights, to hold discussions on the roadmap for proposed collaborations, particularity on the development of Guidelines on the Protection of the Rights of Workers in the Informal Economy Sector in Africa, and the development of an Addendum to the Tunis Guidelines respectively.
Public Fireside Chat- Permanent Committee of Human Rights in Arab United Emirates
31.On 16th January 2024, together with the Vice Chairperson of the Commission, Honourable Commissioenr Janet Sallah Njie, we attended a fireside chat on Regional Human Rights Mechanisms and Associated Challenges, organized by the Permanent Committee of Human Rights with the Head of the Permanent Committee of Human Rights in Arab United Emirates, in Abu Dhabi, United Arab Emirates. During the chat, I inter alia discussed the overview of the Commission and its mandate to a gathering of some Diplomats accredited to the UAE and students from the Diplomatic academy,
19th AU-EU Human Rights Dialogue
32.On 25th January 2024, I participated in the 19th AU-EU Human Rights Dialogue on the theme: Strengthening the Rights to Peace and to Education in Africa and Europe, held virtually. The Dialogue which was jointly organised by the European Union and the African Union, aimed to tackle challenges, build on successes and coordinate human rights matters in international bodies like the Human Rights Council. The dialogue facilitated the sharing of perspectives and effective practices for human rights promotion and protection, enhancing collaboration between AU and EU in global forums, particularly in preparations for the Human Rights Council and the United Nations General Assembly third Committee sessions.
33.The Dialogue discussed the State of Human Rights in Africa and Europe and engage on enhancing business and human rights cooperation ; deepening the culture of respect for human and labour rights and promote peaceful coexistent between the host communities and business through the adoption and effective implementation of the Annual AU-EU Human Rights Dialogue draft AU Business and Human Rights Policy. The Dialogue also discussed promoting human rights-based policies and policies that align with international human rights standards, particularly in areas such as gender equality, the abolition of the death penalty etc; and reviewed progress and planned actions regarding the AU Strategic Plan for Human Rights and the EU Gender Action Plan III. During the Dialogue, I made a presentation on the Right to Education in Africa.
5th Anniversary of the Abidjan Principles
34.On 13th February 2024, in my capacity as the Chairperson of the Working Group on ECOSOC, I participated in the 5th Anniversary of the Abidjan Principles with the theme: Celebrating Progress on the Right to Education, which took place virtually. The Anniversary was organised by Global Initiative for Economic, Social and Cultural Rights and Minority Rights Group.
35.I took part in the dynamic and engaging dialogue and gave an insight into the proliferation of private educational privatization challenges and how Abidjan Principles can counteract the proliferation of private educational providers. I also contributed to how the Abidjan Principles inspired the Commission in the drafting of General Comment 7.
Joint Side Event: Advancing the Rights to Freedom of Peaceful Assembly and of Association of Workers in the Informal Economy at the regional and global level
36.From 3rd to 6th March 2024, in Geneva, Switzerland, at the invitation of the UN Special Rapporteur on the Rights of Assembly and Association, Mr. Clement Voule, I took part in a series of meetings with the Special Rapporteur on Economic, Social, Cultural and Environmental Rights of the Inter-American Commission on Human and Peoples Rights (IACHR) on the margins of the 55th Session of the UN Human Rights Council and the 350th Session of the International Labour Organization (ILO). I was also a panelist at a Side Event at the ILO on the 5th March, 2024 which was discussing the Rights of Freedom of Association and Assembly of Informal Workers.
37.The objective of the Joint Side Event was to highlight the challenges and rights violations faced by workers in the informal economy, to suggest reforms which would improve those workers’ situations and ensure that their rights are respected, protected and fulfilled, and to explore avenues through which workers in the informal economy may most effectively organize to advance their voices and promote their work and policy-related aims.
38.During the event, as a panellist I made a presentation on the Curent situation of Workers in the Informal Economy in Africa and the Work of ACHPR.
Meeting with the African Commission on Human and Peoples’ Rights Working Group on Economic, Social and Cultural Rights and Partners, NANHRI and DIHR
39.On 3rd May 2024, I participated in an online Meeting of the Working Group on Economic, Social and Cultural Rights with its Partners- NANHRI and DIHR, held virtually. The meeting was organised to discuss and agree on the research methodology for the draft Study on Integrating Economic, Social and Cultural Rights in National Development Planning in Africa; present the case studies; provide input to the preliminary analysis of national development plans in Africa and agree on an updated process plan for the finalization of the draft study.
SECTION III - SITUATION ANALYSIS OF ECOSOC RIGHTS ON THE CONTINENT AND RECOMMENDATIONS
Part I: Situation Analysis of Ecosoc Rights on the Continent
40.During the inter-session period, in my capacity as the Chairperson of the Working Group on Economic, Social and Cultural (ECOSOC) Rights in Africa, I monitored economic, social and cultural trends in State parties to the African Charter. The following trends that may have huge impacts on the economies of States parties and affect the realization of ECOSOC rights on our continent, caught my attention:
A.Education
41.As the African Union’s theme of the year 2024, is on education, we still have a long way to go. As various regions of the African continent experience crisis, either natural occurrences or conflicts regions, children found in such emergency situations have been deprived of their right to education, among other rights[ https://www.unicef.org/esa/stories/46-million-school-aged-children-out-… ]. According to UNICEF, as at December 2023, almost 46 million school-aged children across Eastern and Southern Africa were out of school. Africa has high rates of poverty learning, Sub-Saharan African ranked the highest in the world with 9 out of 10 children unable to read and understand a simple story by the age of 10[ Ibid.]. UNICEF further states that new data suggests that children in crisis-affected countries may acquire foundational skills six times slower than those in non-emergency situations[ Ibid.]. In Madagascar, 4 percent of children achieve minimum proficiency in reading and mathematics while in Ethiopia, the rate is 10 percent. These states experience damaging cyclones and heatwaves and conflicts, droughts and floods respectively[ Ibid.]. As of early December 2023, it is estimated that the education of 876,000 children in Somalia is affected because of El Niño, a phenomenon due to a warming of the ocean surface, or above-average sea surface temperatures, in the central and eastern tropical Pacific Ocean. The effects of these on children is high vulnerability and risk of child marriage, child labour and recruitment into armed forces[ Ibid.].
42.On the other hand, the Tusome program in Kenya is highly commendable. Students in grades 1 and 2 have been said to have improved their reading in Kiswahili by the equivalent of roughly three to five years of schooling[ https://www.worldbank.org/en/region/afr/brief/afe-education]. Tusome, a program that supports literacy development throughout Kenya and fosters a reading culture among grades 1, 2, and 3 learners including children with visual and hearing impairments, is said to have provided reading instruction to over 7.8 million students in all public primary schools and is sustainably strengthening Kenya’s education systems[ https://www.usaid.gov/kenya/news/tusome-foundation-strong-education-sys…(%E2%80%9CLet’s%20Read%E2%80%9D%20in,with%20visual%20and%20hearing%20impairments ]. This decade long initiative has proven to be impactful with more than 35 percent of students showing significant gains in reading over the life of the program, not only increasing the rate of students reading Kiswahili fluently (from 4 to 15 percent in Grade 1 and from 4 to 12 percent in Grade 2), but also reducing the number of zero readers (reduced from 70 to 45 percent in Grade 1 and from 43 to 19 percent in Grade 2). This program also had positive impact in the learning of the English language[ https://www.rti.org/impact/lets-read-understanding-kenyas-success-impro… ].
43.The internet has become invaluable in our time and internet access has become interwoven with some human rights. In South Africa, for instance, impediments to internet access has been said to obstruct a full realisation of the right to education. Despite having legislations stipulating the provision of internet facilities in public schools[ Section 16 of the Norms and Standards obligates the National and Provincial Departments of Basic Education to supply public schools with internet facilities ‘wired/wireless’ to enhance communication. Source: https://lrc.org.za/legal-resources-centre-lrc-calls-on-department-of-ba… ], not all public schools have received this provision. The effects of this is a multifaceted digital divide of availability and access to internet[ https://regent.ac.za/blog/bridging-the-digital-divide-in-south-africa-p… ] causing ripple effects of long-term educational and economic setbacks and limitations to future employment opportunities[ Ibid.]. Subsequently, students experience a violation of their right to basic education, equality, non-discrimination, dignity and equal protection of the law[ https://lrc.org.za/legal-resources-centre-lrc-calls-on-department-of-ba…]. Unfortunately, the discrimination is most evident between public school learners and those in fee-paying schools[ Ibid.] emphasizing the need for the provision of higher quality of education by the state.
B.Work
44.The ill-treatment and discrimination of informal workers is a growing concern. Cross-border traders in Malawi[ https://times.mw/malawi-failing-to-protect-women-in-informal-cross-bord… ], Zambia and Zimbabwe[ https://webapps.ilo.org/wcmsp5/groups/public/---africa/---ro-abidjan/--… ] are said to be the victims of gender-based violence and economic exploitation[ https://www.amnesty.org/en/latest/news/2024/03/southern-africa-malawi-z… ]. It is notable that these traders have the freedom of association and have formed their own associations, however, it is concerning that despite the fact that women comprise the majority of cross-border traders, Amnesty International states that their research revealed a prevalence of male leadership in such associations[ Ibid.]. The concern is whether women, who form a majority of cross-border traders, are adequately and equitably represented. Do they have a relevant say in policy discussions and decision-making processes?
45.According to Amnesty International’s Regional Director for East and Southern Africa, Tigere Chagutah, “Social security systems in Malawi, Zambia and Zimbabwe favour formal workers, leaving many in the informal sector without adequate assistance”[ Ibid.]. The relevance of social security and social protection for workers from all sectors – formal and informal, cannot be undermined, thus the need for the ratification and adherence to the Protocol to the African Charter on the Rights of Citizens to Social Protection and Social Security.
C.Health
46.Following a multi-country trial involving Ghana, Malawi and Kenya, the four-dose malaria vaccine of RTSS, has been confirmed safe for use among children aged 17 months and 5 years[ https://theconversation.com/two-new-malaria-vaccines-are-being-rolled-o…;
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10916456/ ]. The vaccine is said to have a 30% prevention rate, but when taken alongside other antimalarial prevention treatments before the rainy season, was said to have reduced malaria by nearly two-thirds[ Ibid.]. Cameroon is the first country to introduce the routine vaccination program[ This was on 22nd January, 2024. Source: https://www.thelancet.com/journals/lanmic/article/PIIS2666-5247(24)0007….
https://www.bbc.com/news/world-africa-68037008
https://www.theguardian.com/global-development/2024/jan/22/world-first-…;
https://www.france24.com/en/africa/20240122-cameroon-launches-world-s-f…;
https://www.healio.com/news/infectious-disease/20240201/wider-malaria-v… ] followed by Burkina Faso[ https://www.africanews.com/2024/02/05/burkina-faso-becomes-2nd-african-…
https://www.afro.who.int/news/nearly-10-000-children-vaccinated-malaria…;
https://www.unicef.org/burkinafaso/en/stories/fight-against-malaria-las…. ]. As of February 9, 2024, nearly 10,000 children in Cameroon and Burkina Faso had received the malaria vaccine[ https://www.thelancet.com/journals/lanmic/article/PIIS2666-5247(24)0007…
https://www.afro.who.int/news/nearly-10-000-children-vaccinated-malaria…]. By April 26, 2024, WHO had reported that the Republic of Benin, Liberia and Sierra Leone had also launched a large-scale rollout of the malaria vaccine[ https://www.premiumtimesng.com/health/health-news/689340-who-commends-m…]. This is highly commendable and all states parties are encouraged to adopt means to ensure the full realisation of the right to health.
PART II: Opportunities seized by the Working Group
47.In view of the above concerns raised, the Working Group is already engaging with partners in discussions on practical steps towards protection of ECOSOC rights as enshrined in the African Charter. The Working Group has also placed advocacy with States parties and relevant partners, on the concerns raised, on its priority list.
48.For instance, ACHPR/Res. 446 (LXVI) 2020 mandated the Working Group to conduct a Joint Study on the Right to Health and its Financing in Africa in collaboration with UNAIDS. The “draft Study is yet to be finalised for adoption by the Commission and its publication thereafter.
49.I utilised opportunities given by my engagements mentioned in the present report, as Chairperson of the Working Group, to advocate and participate in discourses that would popularise the newly adopted subsidiary human rights instruments - the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Citizens to Social Protection and Social Security and the General Comment 7 on State Obligations under the African Charter on Human and Peoples’ Rights in the Context of Private Provision of Social Services.
50.The Working Group on ECOSOC Rights and the Working Group on Extractive Industries were also mandated by the Commission to undertake a study on climate change and human rights pursuant to resolution ACHPR/Res. 342(LVIII) 2016. The draft Study was developed and a validation meeting was held on the margins of the 77th Ordinary Session. The report would be presented to the Commission for adoption and publication thereafter.
51.Furthermore, pursuant to ACHPR/Res.561 (LXXV) 2023, the Working Group was tasked by the Commission, to work in collaboration with its partners to develop a Study on ‘Economic, Social and Cultural Rights and National Sustainable Development Processes in Africa’. The Working Group in partnership with DIHR and NANHRI have developed the TOR for the Study and has commenced the drafting process.
52.In line with ACHPR.Res.579(LXXVIII)2024 Resolution on the Development of Guidelines on the Protection of the Rights of Workers in the Informal Economy Sector in Africa, the Commission tasked the Working Group on Economic, Social and Cultural Rights in Africa, to develop Guidelines on the Protection of the Rights of Workers in the Informal Economy; together with Model Law(s) to regulate different occupations in the informal economy; and to work in collaboration with the Special Rapporteur on the Rights of Women in Africa and other stakeholders in the drafting of the Guidelines and Model Law(s). The Working Group in partnership with Solidarity Centre has commenced work on this task and is in the process of reviewing the discussion document on the subject matter.
Part III: Conclusions & Recommendations
To States parties:
i.take legislative and other measures for the full realization of economic, social and cultural rights in accordance with the African Charter;
ii.sign, ratify and domesticate the Protocol to the African Charter on the Rights of Citizens to Social Protection and Social Security;
iii.develop social protection programmes that ensure that every citizen has equal access to adequate, affordable and quality health care;
iv.regulate activities of non-state actors/private actors that provide socio- economic related services;
v.create employment opportunities invest particularly in women and the youth;
vi.ensure access to housing and shelter by all including the most disadvantaged and vulnerable in society;
vii.ensure access to education for all, at every level of the education system;
viii.reform healthcare systems and provide access to health care including adequate and effective healthcare facilities and services for all;
ix.take measures and put in place access to water, sanitation and other basic health care necessities to the public, as conditions for safeguarding health and life;
x.take measures to ensure the full enjoyment of the right to food including quality food that meets the requirement of nutritional standards;
xi.develop action plans towards preventing and combating the negative consequences of climate change;
xii.enact policies that will discourage deforestation and forest degradations, reduce emissions that impact on health, and bring agricultural reforms that will result in increased food production;
xiii.ensure all national development plans including monitoring and evaluation mechanisms of such plans, are human rights driven and take into account their obligations under the African Charter, Agenda 2063 and the 2030 Sustainable Development Goals;
xiv.make use of the Commission’s Principles and Guidelines on Economic Social and Cultural Rights, the State Reporting Guidelines for Economic, Social and Cultural Rights in the African Charter (the Tunis Reporting Guidelines); Declaration of the Pretoria Seminar on Economic, Social and Cultural Rights in Africa; the Guidelines on the Right to Water in Africa; General Comment No 7: State obligations under the African Charter and in the context of Private Provision of Social Services and other regional and international human rights norms; and
xv.authorize promotion missions by the Commission, in line with Article 45(1) of the African Charter.
Civil Society Organisations and other partners:
i. Continue to collaborate and support advocacy efforts at the national, sub-regional and continental levels to implement economic, social and cultural rights; and
ii. Provide support to the Working Group on Economic Social and Cultural Rights in Africa, to enable it to effectively implement its mandate.
To all Stakeholders:
53.States parties, National Human Rights Institutions, Non-governmental organisations and all other partners in mobilising efforts and resources towards projects that will translate into enjoyment of economic, social and cultural rights in the African countries where they operate.
Conclusion:
54.I would like to take this opportunity to extend my sincere gratitude to all the Members and Expert Members of the Working Group in the execution of our mandate. I would also like to extend profound appreciation to all our partners for their continued support and call for a continuous collaboration in promoting and protecting Economic, Social and Cultural Rights in Africa.
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