State Party Reporting Guidelines for Economic, Social and Cultural Rights in the African Charter on Human and Peoples' Rights (Tunis Reporting Guidelines)

Introduction

1. These reporting guidelines are adopted to give further guidance to states parties to the African Charter on Human and Peoples’ Rights (the Charter) in reporting, pursuant to article 62 of the Charter, on the implementation of their obligations to realise the enjoyment of economic, social and cultural rights under the Charter. These guidelines are to be used in conjunction with the 1989 Guidelines for National Periodic Reports under the African Charter. Further reference should be made to the Principles and Guidelines on the implementation of economic, social and cultural rights in the African Charter on Human and Peoples’ Rights, adopted on 26 may 2010 (Principles and Guidelines) which give a more detailed explanation of States Parties obligations under the Charter.

General Contents of State Reports on Economic, Social and Cultural Rights

2. In relation to the economic, social and cultural rights detailed below the State party report should indicate:
a) Whether the State party has adopted a national framework law, policies and strategies for the implementation of each right, identifying the resources available for that purpose and the most cost-effective ways of using such
resources (please note that a recitation of legislative steps without an indication of policies and implementation will be regarded as insufficient measures towards the realisation of the protected rights);
b) Any mechanisms in place to monitor progress towards the full realization of the rights, including identification of indicators and related national benchmarks in relation to each right;
c) The incorporation and direct applicability of each right in the domestic legal order, with reference to specific examples of relevant case law;
d) The judicial and other appropriate remedies in place enabling victims to obtain redress in cases where their rights have been violated; and
e) Structural or other significant obstacles arising from factors beyond the State party’s control which impede the full realization of the rights guaranteed in the Charter.
3. Provide statistics on the enjoyment of each right, disaggregated by age, gender, ethnic origin, urban/rural population and other relevant status, particularly with reference to groups identified as vulnerable or marginalised
in the Principles and Guidelines, on an annual comparative basis over the past five years.
4. Provide information on steps taken to make the reporting process as transparent and accountable as possible, particularly regarding how the process was publicised and which members of civil society were involved in
drafting the report.