The African Commission on Human and Peoples' Rights (the Commission), meeting at its 81st Ordinary Session held in Banjul from 17 October 2024 to 6 November 2024,
Recalling the mandate of the African Commission on Human and Peoples' Rights under Article 45 of the African Charter on Human and Peoples' Rights (the African Charter) to promote and protect human and peoples' rights in Africa;
Recalling Article 2 of the African Charter, which prohibits all forms of discrimination based on race, ethnic group, social origin, or other status, and acknowledging that discrimination based on work and descent constitutes a form of social origin discrimination under the Charter;
Recognizing that Article 5 of the African Charter protects the dignity inherent in every human being and prohibits all forms of exploitation and degradation, including slavery, slave trade, torture, cruel, inhumane, or degrading punishment, and treatment, which are often faced by communities discriminated against based on work and descent;
Reaffirming the aspiration of a future Africa free from all forms of discrimination, including that based on work and descent;
Deeply concerned by the persistence of discriminatory practices based on work and descent, including caste-based discrimination, traditional and modern forms of slavery, inherited status, and untouchability, despite the adoption and ratification of human rights treaties and the enactment of national constitutions and laws;
Acknowledging that discrimination based on work and descent is widespread in some parts of the African continent. ;
Recognizing that communities discriminated against based on work and descent share characteristics with minorities as recognized under the African Charter, specifically as groups that are marginalized due to their distinct social origin, and noting that their exclusion and systemic discrimination falls within the mandate of the Working Group on Indigenous Populations/Communities and Minorities in Africa;
Noting further the absence of comprehensive human rights standards specifically addressing discrimination based on Work, and Descent, and emphasizing that the mandate of the Working Group on Indigenous Populations/Communities and Minorities is well-positioned to address this issue as it falls within its scope of promoting and protecting the rights of marginalized communities;
Alarmed by the persistence of discrimination based on work and descent nearly 40 years after the operationalization of the African Charter;
THE COMMISSION:
i. Commits to conduct a continental study on the situation of communities discriminated against based on work and descent including underlying causes, manifestations, and impacts of discriminatory practices), with active participation of representatives from Communities Discriminated based on Work and Descent ( CDWD) in order to thoroughly examine discriminatory practices across the African region, and share the findings with States Party and relevant African Union organs and agencies;
ii. Calls upon States Party to the African Charter to formally acknowledge the existence of discrimination based on work and descent as a distinct form of discrimination affecting people within the continent and requires immediate attention from States Party to the African Charter;
iii. Urges States Party to take all necessary measures, including legislative, institutional and policy measures to eliminate discrimination based on work and descent in their respective states and to promote and protect the rights of those facing this discrimination, including through robust disaggregated data collection in line with data protection and privacy principles;
iv. Encourages States Party, in collaboration with national human rights institutions, civil society organizations, and human rights defenders from affected communities, to combat prejudicial beliefs and practices in all forms;
v. Urges Traditional and Religious leaders to advocate for the eradication of harmful traditional and cultural practices in general and particularly the Discrimination of Communities based on Work and Descent;
vi. Appeals to all stakeholders to cooperate with the Working Group on Indigenous Populations/Communities and Minorities in Africa as well as traditional and cultural leaders to support this study.
Done in Banjul, The Gambia on 6th November 2024
