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
85th Ordinary Session
21 to 30 October 2025
Banjul, The Gambia
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 83rd and 85th 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; and as Chairperson of the Working Group on Economic, Social and Cultural Rights 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 the Chairperson of the Working Group on Economic, Social and Cultural Rights in Africa.
(c) Section III:
- Part I – Situation analysis of ECOSOC Rights on the Continent;
- PART II: Opportunities seized by the Working Group on ECOSOC; and
- Part III - Conclusion and Recommendations.
SECTION II – INTER-SESSION ACTIVITIES
PART I: ACTIVITIES UNDERTAKEN IN MY CAPACITY AS A MEMBER OF THE COMMISSION & COUNTRY RAPPORTEUR
A. Activities as a Member of the Commission
84th Ordinary Session
4. From 21st to 30th July 2025, I participated in the 84th Ordinary Session of the Commission, held virtually. The Session mainly considered Communications; Resolutions; Reports; other documents; and matters arising.
38th Extra-Ordinary Session
5. On 19 September 2025, I participated in the 38th Extra-Ordinary Session of the Commission, held virtually. The session considered both technical and organizational issues and urgent documents of the Commission.
Second Joint Retreat between the African Court on Human and Peoples’ Rights and the Commission
6. From 2 to 3 June 2025, I participated in the Second Joint Retreat between the African Court on Human and Peoples’ Rights (the Court) and the Commission, which focused on Guidelines for Implementing the Complementarity between the Court and the Commission. The Retreat also reviewed achievements since the 2022 Addis Ababa Retreat and adopted concrete measures to deepen collaboration between the two Organs.
Promotion Mission to the Republic of Ghana
7. From 29th September to 2nd October 2025, together with the Country Rapporteur on the human rights situation in the Republic of Ghana and Special Rapproteur on the Rights of Women in Africa, the Chairperson on the Prevention of Torture in Africa, the Chairperson of the Working Group on Extractive Industries, Environment and Human Rights Violations in Africaand the Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa, we conducted a promotion mission in the Republic of Ghana. The promotion mission aimed to promote the work of the Commission and gather information on the implementation of the African Charter on Human and Peoples’ Rights (African Charter) and its Protocols, with a view to encouraging and assisting the State in its efforts to comply with the African Charter and other regional instruments.
B. 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 these respective countries, and in doing so, I issued letters of Urgent Appeals and Press Releases on the human rights concerns brought to my attention:
Joint Letter of Urgent Appeal to the Federal Republic of Ethiopia
11. On 5th June 2025, as the Country Rapporteur on the Human Rights Situation in the Federal Democratic Republic of Ethiopia and Chairperson of the Working Group on Economic, Social and Cultural Rights in Africa, together with the Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa and the Special Rapporteur on Human Rights Defenders, Focal Point on Reprisals and on the Judicial Independence in Africa; we sent a joint letter of Urgent Appeal to H.E. Mr. Abiy Ahmed, President of the Federal Democratic Republic of Ethiopia, regarding reports of the alleged arbitrary arrest and detention of striking health workers in Ethiopia.
12. According to the reports, at least eighty (80) health workers across the country had been detained following a partial strike which commenced on 12 May 2025 and a full strike which commenced on 19 May 2025, by health professionals demanding a pay rise and safe working conditions, paralyzing critical services at referral hospitals across the country.According to information reaching the Commission, the Ethiopian Health Professionals Movement (EHPM), a coalition representing doctors, nurses, and allied health workers, circulated a statement making an “Urgent Call to Action” condemning what the statement describes as “campaign of suppression” by the Government. The reports indicate that the statement alleged that the authorities have responded to peaceful wage demands with arbitrary arrests, threats, and workplace harassment.
13. In view of the concerns expressed, and in light of the Federal Democratic Republic of Ethiopia’s regional and international commitments, we urged the Government to:
i. Provide clarification on the allegations;
ii. Conduct independent and impartial investigations into the alleged arbitrary arrest and detention of the health professionals;
iii. Refrain from all form of Arbitrary Arrest and detention, intimidation and harassment of health professionals and ensure that they can exercise their fundamental freedoms without hindrance or fear of reprisals;
iv. Take appropriate measures to resolve the dispute with the EHPM;
v. Ensure Ethiopia’s international obligation to protect and guarantee the right to health and increase allocation of resources to public health services; the right to security of the person and freedom of association;
vi. Comply with the provisions of the Luanda Guidelines, the Grand Bay Declaration, the Kigali Declaration, and the United Nations Declaration on Human Rights Defenders; and
vii. 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 received a response to the Joint letter of Urgent Appeal from the Government of the Federal Democratic Republic of Ethiopia dated 18 September 2025. The Government indicated that the partial strike which took place in some parts of the Country mainly in Addis Ababa, on 13th May 2025 and the full strike on 19th May 2025 significantly disrupted healthcare services, placing patients in critical care units, women in labor, children, and individuals traveling long distance for scheduled appointments at sever risk posing immediate risk to the health and safety of patients. According to the government, the strikes deviated from their initial objective, as certain participants engaged in threatening behavior toward health professionals who chose not to participate and remained on duty. The response indicated that the illegal measures include verbal intimidation and threats directed at non-striking staffs to compel their participation and attempts to obstruct access to critical units hindering the ability of on duty staffs to provide essential medical service.
15. According to the government, consequently, these actions created a hostile work environment and further jeopardized patient care by disrupting the operation of essential medical care. The Government stated that, in order to address the escalating situation, the intervention of the law enforcement authorities were necessary to protect non-striking health professionals from threats and intimidation, ensure continued access to critical care units and other essential medical facilities and prevent the situation from deteriorating into widespread chaos and further endangering public health and safety.
16. The Government indicated that in response to the coercive action, police opened ten investigation files and identified forty-five suspects. The suspects were brought before the court within the prescribed 48 hours period and an application was submitted to the federal first instant court requesting their remand in order to thoroughly examine the reported incidents of intimidation and obstruction.
17. The Government stated that the Ethiopian Human Rights Commission made a surprise visit of the detention center where the suspects were held and confirmed that their arrest was made with due process guarantees. However. the Government, in accordance with national Criminal policy guided by the public interest is determined to resolve the issue through administrative mechanisms, including consultation and dialogue and a decision was rendered to discontinue the criminal prosecution and all suspects were released. Therefore, according to the Government, the claim that the Ethiopian Government has threatened harassed and arbitrarily arrested health professionals are a misrepresentation of the actual circumstances.
Joint Letter of Urgent Appeal to the Republic of Senegal
18. On 11th September 2025, as the Chairperson of the Working Group on Economic, Social and Cultural Rights in Africa, together with the Commissioner Rapporteur of the human rights situation in the Republic of Senegal and Special Rapporteur on Refugees, Asylum Seekers, Internally Displace Persons and Migrants in Africa, we sent a joint letter of Urgent Appeal to H.E Bassirou Diomaye Faye, President of the Republic of Senegal, regarding reports of the situation of displaced persons in Khar Yalla, in the Saint Louis region of Senegal.
19. The reports alleged that following the floods in 2015–2016, several hundred families were forced to leave their homes, which had been destroyed or severely damaged in the city of Saint-Louis. They were reportedly displaced from Langue de Barbarie and temporarily rehoused in the Khar Yalla neighbourhood, which was presented at the time as a temporary solution pending permanent resettlement. However, nearly a decade later, these families continue to live in extremely precarious conditions, with no clear prospect of decent and permanent rehousing.
20. The reports further alleged that the living conditions in Khar Yalla are particularly worrying as families are reportedly living in makeshift shelters built from fragile and unsanitary materials, without regular access to drinking water or adequate sanitation. This situation exposes residents to serious health risks and leads to the spread of diseases linked to dampness, overcrowding, poor hygiene including the education of children in Khar Yalla which is seriously compromised.
21. In view of the concerns expressed and reaffirming the rights and freedoms enshrined in the African Charter, we respectfully urged the Republic of Senegal, to:
i. Provide clarification on the information and allegations;
ii. Recognise the status of internally displaced persons for the families of Khar Yalla and involve them in the decision-making processes that concern them;
iii. Urgently improve the living conditions of displaced families from Khar Yalla by guaranteeing them safe and adequate housing, access to drinking water, sanitation, health care, education and participation in cultural life;
iv. End their exclusion from official resettlement programmes, including the SERRP, and ensure that they receive equal treatment to other communities affected by the floods;
v. Give priority to already displaced communities, such as Khar Yalla, in future resettlement decisions;
vi. Develop, in effective consultation with those affected, a national climate-related planned resettlement policy to protect the rights of future communities facing sea level rise and other impacts of climate change;
vii. Complete the ratification process of the AU Convention for the Protection and Assistance of Internally Displaced Persons in Africa (‘Kampala Convention’), which Senegal signed in 2011, and harmonise national legislation accordingly.
22. The Commission is yet to receive a response from the Government of the Republic of Senegal.
Joint Letter of Urgent Appeal to the Republic of Uganda
23. On 13th October 2025, as the Country Rapporteur for the Human Rights Situation in the Republic of Uganda, together with the Chairperson of the Commission and Special Rapporteur on Human Rights Defenders, Focal Point on Reprisals and Focal Point on the Independence of the Judiciary in Africa; and the Chairperson of the Working Group on the Death Penalty, Extrajudicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa, we sent a joint letter of Urgent Appeal to H.E Yoweli Kaguta Museveni , President of the Republic of Uganda, regarding reports of the alleged abduction of two Kenyan Human Rights Defenders.
24. The reports alleged that Mr. Bob Njagi and Mr. Nicholas Oyoo were abducted in Kampala, Uganda, on 1 October 2025 from a fuel station by masked, uniformed, and armed men, to what appears to be linked to the activists’ involvement in a propaganda campaign supporting Mr. Robert Kyagulanyi, also known as Bobi Wine, an opposition leader in Uganda.
25. Further information indicated that, despite advocacy efforts by several Kenyan and International Non-Governmental Organizations, the whereabouts of the two activists have remained unknown for the ten days since the incident.
26. In view of the concerns expressed, and reaffirming the rights and freedoms enshrined in the African Charter, we respectfully urged the Government of Uganda to:
i. Provide clarification on the veracity of the aforementioned facts and allegations;
ii. Undertake a prompt investigation into the whereabouts of Mr. Bob Njagi and Mr. Nicholas Oyoo;
iii. Provide information on the place of their detention;
iv. Ensure their immediate release and, if charges are brought against them, ensure that all procedures related to a fair trial are complied with.
v. Comply with the provisions of articles 6, and 9 of the African Charter, the Kigali Declaration, the Grand Bay Declaration and the United Nations Declaration on Human Rights Defenders (1998); and
vi. 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.
27. The Commission is yet to receive a response from the Government of the Republic of Uganda.
Joint Letter & Press Statement on the Commendation for the Signing of the AU Convention on Ending Violence Against Women and Girls (AUCEVAWG)
28. On 15 July 2025, as the Country Rapporteur for the Republic of Liberia, together with the Special Rapporteur on the Rights of Women in Africa, we sent a joint letter of commendation to the President of the Republic of Liberia His Excellency Mr. Joseph Boakai and also issued a Press Statement, for recognizing the Republic of Liberia’s commitment to signing the African Union Convention on Ending Violence against Women and Girls.
Press Statement on the Occasion of World Mental Health Day
29. On 10th October 2025, in my capacity as the Chairperson of the Working Group on Economic, Social and Cultural Rights on behalf of the Commission, I issued a statement on the occasion of World Mental Health Day. The day is commemorated annually to raise awareness of mental health issues around the world and to mobilize efforts in support of mental health.
30. The Commission underscored the urgent need for Member States to prioritize mental health within their national health agendas and budgets. States are urged to adopt and implement comprehensive, rights-based mental health policies that are accessible, affordable, and culturally appropriate. The Commission further applauded the African Union’s efforts to promote holistic health through the Healthy Lifestyle Day initiative, which encouraged physical activity, balanced nutrition, and mental resilience. The emphasis on mental and emotional wellness this year is a vital recognition that true health cannot be achieved without addressing the psychological and emotional dimensions of well-being.
PART II: ACTIVITIES UNDERTAKEN IN MY CAPACITY AS THE CHAIRPERSON OF THE WORKING GROUP ON ECONOMIC, SOCIAL AND CULTURAL (ECOSOC) RIGHTS IN AFRICA
Promotion and Protection of ECOSOC Rights in Africa through Strategic Engagements with Partners during the Intersession period of the Commission
Continental Workshop to Promote the Socio-economic Rights of Women, including in the context of Extractive Industries
31. From 25th to 26th September 2025, in partnership with the German Federal Ministry for Economic Cooperation and Development (BMZ) through the GIZ–African Union AWARE Project and IPAS Africa Alliance, I particpated in the Continental Workshop to promote the Socio-economic Rights of Women, including in the context of Extractive Industries, in Accra, Ghana. The Workshop aimed to raise awareness on the socio-economic rights of women, including those of women in the extractive industries, women with disabilities, elderly women, and young women, while addressing systemic and structural issues that perpetuate violations of these rights, with particular focus on education, health, and social protection.
Conference on Advocacy for the Continental Ratification and Implementation of Treaties under the ACHPR Monitoring
32. From 27th to 28th September 2025, in Accra, Ghana, I participated in a Conference on Advocacy for the Continental Ratification and Implementation of Treaties under the ACHPR Monitoring, under the theme: Achieving the Universal Ratification and enhanced Implementation of all African Human Rights Treaties and their effective Implementation.
33. The meeting was organised by the Commission to advocate for the universal ratification of the following core instruments monitored by the Commssion: the African Charter on Human and Peoples’Rights; the Protocol to the African Charter on the Rights of Women in Africa; the Protocol to the African Charter on the Rights of Persons with Disabilities in Africa; the Protocol to the African Charter on the Rights of Older Persons; the Protocol to the African Charter on the Right to a Nationality and the Eradication of Statelessness in Africa; the Protocol to the African Charter on the Rights of Citizens to Social Protection and Social Security; the African Union Convention on Ending Violence Against Women and Girls; the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention); and the OAU Convention Governing the Specific Aspects of Refugee Problems in Africa.
34. This Conference served as a sensitization opportunity for various stakeholders, regarding the situation of human rights treaties as far as ratification and deposit of instruments of ratification are concerned, in order to establish an advocacy strategy that would lead to the universal ratification of the human rights treaties and Protocols to the African Charter, which fall under the monitoring mandate of the Commission.
Consultation Meeting on the Draft ACHPR Study on Integrating Economic, Social and Cultural Rights in National Development Planning in Africa
35. From 3rd to 4th October 2025, in Cape Town, South Africa, as Chairperson of the Working Group on ECOSOC rights in Africa, I participated in a Meeting of the Working Group with its partners, the Danish Institute for Human Rights, Network of African National Human Rights Institutions and Centre for Human Rights, University of Pretoria.
36. The Consultation Meeting on the Draft Study on Integrating Economic, Social and Cultural Rights in National Development Planning in Africa was organized to review and discuss the second draft Study that the Working Group and its partners are working on including, to provide a platform for the Working Group and partner institutions to review, validate, and finalize the second draft of the Study.
First Consultative Meeting on the Development of the Guidelines on the Elimination of Obstetric Violence and Promotion of Maternal Healthcare in Africa
37. On 5th October 2025, in Cape Town, South Africa, I participated in the First Consultative Meeting on the Development of the Guidelines on the Elimination of Obstetric Violence and Promotion of Maternal Healthcare in Africa. The Meeting was organised between the Commission (represented by myself as the Chairperson of the Working Group on ECOSOC, the Vice Chairperson of the Working Group on ECOSOC, and the Special Rapporteur on the Rights of Women in Africa) and our partners, the Centre for Reproductive Rights. The meeting was organised to discuss the development of the Guidelines on the Elimination of Obstetric Violence and Promotion of Maternal Healthcare in Africa mandated by the Commission, through Resolution.625 (LXXXII) 2025, and review the Background Paper of the Guidelines.
Consultative Meeting between the Commission and the International Federation of Gynecology and Obstetrics (FIGO)
38. From 7th October 2025, in Cape Town, South Africa, as Chairperson of the Working Group on ECOSOC, together with the Vice Chairperson of the Working Group of ECOSOC and the Special Rapporteur on the Rights of Women in Africa, we participated in the Consultative Meeting between the Commission, the Centre for Reproductive Rights and the International Federation of Gynecology and Obstetrics.
39. The Meeting was held on the side-lines of the XXV FIGO World Congress of Gynecology and Obstetrics to facilitate a conversation between human rights and maternal health experts. The Meeting was organised to inform the Commission of the experiences and systemic challenges faced by obstetricians, gynecologists and midwives in the provision of respectful maternal healthcare; appraise the Commission on the best practices of obstetricians, gynecologists, and midwives in advancing respectful maternal healthcare across the globe; and to gather recommendations for the promotion of maternal health and respectful maternal healthcare.
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 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:
Right to Property – Article 14
41. Despite guaranteeing the right to property in their constitutional and legal frameworks, many African countries still face challenges related to historical patterns of land ownership, where certain groups have disproportionately high access to land. The African Union theme of the year, “Justice for Africans and People of African Descent Through Reparations,” is an initiative that underscores the AU's commitment to addressing historical injustices, including the trans-atlantic slave trade, colonialism, apartheid, and genocide. To date, the majority of both rural and urban residents have insecure tenure rights, either in law or in practice. However, Rwanda has taken positive strides through the formalization of land ownership through its revised 2025 National Urbanization Policy, enhancing protections for its citizens. The State guarantees property rights but also retains the power of expropriation for public interest, provided proper compensation is given . This is a positive step in the pursuit of justice and repair for the lasting impacts of historical injustices on Africans.
Right to Work – Article 15
42. The right to work under the African Charter guarantees every individual the right to work under equitable and satisfactory conditions and receive equal pay for equal work. This right extends to ancillary issues such as ensuring safe and healthy working environments, fair remuneration, equal opportunities for promotion, rest, leisure, and holidays, and the right to strike and form trade unions.
43. Conflict and corresponding collapse of the rule of law in some countries have caused deteriorating working conditions. The right to work is important because it upholds human dignity by providing income, an adequate standard of living, and autonomy, while also contributing to economic development by fostering job creation and increasing tax revenue. It is imperative for State Parties to invest in skills development and vocational training for youth and the informal sector, enhance social protection, foster inclusive growth through trade facilitation and digital innovation, promote gender equality in the workplace, and establish frameworks to combat child labour and uphold fair labour practices.
Right to Health – Article 16
44. Several African countries have introduced pieces of legislation that have a bearing on the right to health. For instance, Malawi’s Parliament passed the Mental Health Bill in April 2025, which was assented to in July 2025, enacting it into law. This significant legislation, which replaces the outdated Mental Treatment Act of 1948, introduces a human rights-based approach to mental health care in Malawi, emphasizing the dignity and well-being of individuals with mental health conditions .
45. Additionally, the Commission notes with concern the state of health systems across the continent, more so, a recurrence of infectious diseases such as Ebola. The Democratic Republic of Congo continues to face challenges as an outbreak of the Ebola virus was declared in Kasai Province by the country's Ministry of Public Health on 4 September 2025 . As of that date, 28 cases had been recorded, with 15 people having died from it . It is concerning, as this may pose challenges for neighboring countries that may be affected by the free movement of individuals across the continent. States parties are urged to minimise the spread of such outbreaks by ensuring safe and sanitary conditions for all, including refugees and internally displaced persons. States should provide as much aid and support as they can to ensure that these marginalised groups enjoy the full realisation of their human rights.
46. In Botswana, a public health emergency has been declared due to shortages of essential medicines and equipment. Reports indicate that the country was short of medicines to treat hypertension, diabetes, cancer, asthma and eye conditions, as well as supplies including bandages and sutures and those for sexual and reproductive health .
47. Therefore, I take this opportunity to encourage State Parties that the right to health is a prerequisite for all other human rights, crucial for individual well-being and requires a holistic approach addressing social determinants like sanitation, food, housing, gender equality, and healthy working environments, not just healthcare access and ensure the justiciability of this right.
Right to Education – Article 17
48. Access to quality education provides significant benefits across personal, societal, and economic spheres, including reduced poverty, increased income, improved health outcomes, greater social equality, enhanced personal empowerment, and more stable, peaceful societies. However, UNESCO has recorded that many African countries continue to underinvest in public education to manage climate-related emergencies and conflict-related crises. Numerous African governments have embarked on drastic cuts to teachers’ incomes, shortages of learning materials, and overcrowded classrooms.
49. Notwithstanding, the Commission notes and commends Namibia and Sierra Leone for legally guaranteeing universally free access to primary and secondary education, at least one year of free pre-primary, and having met both international education funding benchmarks in the last decade. The Commission also commends that Malawi is in the process of integrating climate change education into the country’s national curriculum and teacher training systems, strengthening the country’s efforts to build a more climate-resilient and sustainable education sector. This is especially critical as the effects of climate change, through extreme weather events and displacement, directly threaten education by destroying facilities, displacing students, and increasing financial pressure on education systems.
Social Protection & Social Security
50. The Africa Regional Social Protection Strategy (2021-2025), developed by the International Labour Organisation Africa Regional Office, is set to expire this year, yet its aim to raise the social protection coverage on the continent from 17% to 40% by 2025 by addressing the informal economy, rural areas, and vulnerable groups has yet to be achieved . The continent still faces significant challenges, with high rates of labour informality and low coverage in many countries. There is a major barrier precipitated by a lack of adequate financing for social protection systems.
51. The African Union adopted the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Citizens to Social Protection and Social Security in 2022, which is a key document for Africa, establishing a framework for member states to develop and implement social protection systems. This Protocol aims to address social and economic challenges, improve access to essential services, and foster economic development by reducing social disparities. However, its ratification has been very slow, which, in turn, impacts any efforts to ensure African countries' policies and laws cater for the social protection needs of their citizens.
52. To date, only two countries have signed the Protocol, that is, Niger and São Tomé and Príncipe, and only two countries have ratified the Protocol, that is, Zimbabwe and recently Uganda. However, the Protocol requires 15 ratifications to enter into force. That notwithstanding, despite not yet signing or ratifying the Protocol, South Africa has made positive strides by implementing measures to reduce the cost of living through public transport subsidies, integrating transport networks, and implementing food security programs.
53. Therefore, I continue to urge State Parties to the African Charter that have not yet done so, to sign and ratify the Protocol to the African Charter on the Rights of Citizens to Social Protection and Social Security, to address social and economic challenges, improve access to essential services, and foster economic development.
PART II: Opportunities seized by the Working Group
54. 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.
55. Resolution 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 presentation to the Commission for adoption.
56. 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 is finalised and will be presented to the Commission for adoption and publication thereafter.
57. 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 Danish Institute for Human Rights, Network of African National Human Rights Institutions and Centre for Human Rights, University of Pretoria have developed a draft Study which is in the consultation process and will be presented to the Commission for adoption.
58. 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 have completed the first draft of the Guidelines which will be presented for review by the Working Group and the Special Rapporteur.
59. Furthermore, by Resolution ACHPR/Res.625 (LXXXII) 2025, on the need to develop Guidelines on the Elimination of Obstetric Violence and Promotion of Maternal Healthcare in Africa, the Commission task the Working Group on ECOSOC and the Special Rapporteur on the Rights of Women in Africa to develop Guidelines on the Elimination of Obstetric Violence and Promotion of Maternal Healthcare in Africa. Both mechansims in collaboration with its partners, the Centre for Reproductive Rights are at the initial stages of developing the said Guidelines and have reviewed the background paper for the Guidelines.
60. I utilised opportunities given by my engagements mentioned in the present report, as Chairperson of the Working Group on ECOSOC, to advocate and participate in discourses that would popularise the 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 General Comment No.7 on State Obligations under the African Charter on Human and Peoples’ Rights in the Context of Private Provision of Social Services.
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:
61. 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:
62. 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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