TABLE OF CONTENT
Contents
SECTION I
SECTION II
SECTION III
SECTION I – INTRODUCTION
SECTION II – INTER-SESSION ACTIVITIES
Part I: Activities Undertaken In My Capacity As A Member Of The Commission & Country Rapporteur
Part Ii: Activities Undertaken In My Capacity As The Chairperson Of The Working Group On Economic, Social And Cultural (Ecosoc) Rights In Africa
SECTION III - SITUATION ANALYSIS OF ECOSOC RIGHTS ON THE CONTINENT AND RECOMMENDATIONS
Part I: Situation Analysis Of Ecosoc Rights On The Continent
Part II: Conclusions & Recommendations
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 73rd and 75th 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.
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 Rappportuer Monitoring Human Rights situation;
-Part II – 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 - Conclusion and Recommendations.
SECTION II – INTER-SESSION ACTIVITIES
Part I: Activities Undertaken In My Capacity As A Member Of The Commission & Country Rapporteur
A.Contributions to the Ordinary and Extraordinary Sessions of the Commission
73rd Ordinary Session
4.From 21st October to 10th November 2022, I participated in the 73rd Ordinary Session of the Commission, held in Banjul, The Gambia, 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 organization on the human rights situation in the countries I cover and noted their concerns. 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 Charter), and review of other documents adopted by the Commission.
36th Extra-Ordinary Session
5.On 9th January 2023, I participated in the 36th Extra-Ordinary Session of the Commission which discussed and adopted an Annual Work Plan to guide the execution of its mandate in 2023, Resolutions and other matters arising from the Commission’s 73rd Ordinary Session.
74th Ordinary Session
6.From 14th to 28th February 2023, I participated in the 74th Ordinary Session of the Commission held virtually. During the Session, the Commission considered Communications; Resolutions; and various Papers and Reports.
7.More details on matters discussed in the above-mentioned Sessions, are contained in the Final Communiqués of the 73rd Ordinary Session, 36th Extraordinary Session, and 74th Ordinary Session of the Commission, which are available on the Commission’s website.
B.Country Monitoring: Letters of Urgent Appeal, Concern and Commendation
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 of the African Charter. In this regard, Members of the Commission have 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, human rights concerns were brought to my attention, for which I issued the following Letters of Urgent Appeal, Concern and Commendation:
i.Letter of Urgent Appeal to the Federal Democratic Republic of Ethiopia
11.On 8th December 2022, as the Country Rapporteur on the Human Rights situation in the Federal Democratic Republic of Ethiopia, together with the Special Rapporteur on Freedom of Expression and Access to Information in Africa, Hon. Commissioner Ourveena Geereesha Topsy Sonoo, we sent a letter of Urgent Appeal to H.E Mr. Abiy Ahmed, Prime Minister of the Federal Democratic Republic of Ethiopia, regarding the alleged internet shutdown and information controls in the Tigray Region. Reportedly, the continued presence of some security forces and militias, of their continuing abuses on civilians, and of the internet shutdown persisting in the Tigray Region of the Federal Democratic Republic of Ethiopia.
12.Reports further indicated that since the conflict began in 2020, there have been deliberate and sustained internet and telecommunications shutdowns to censor and control information. It is further alleged that Government authorities confiscated individuals’ sim cards and members of the armed forces targeted telecommunications infrastructure. The reports submit that these measures affected over ten million people, also spreading into the Amhara and Afar regions. Furthermore, the reports indicated that the impact, as it has been alleged, has been interference with people’s ability to access education, healthcare, businesses, and other services, the long-term effects of which could resonate for years to come.
13.In view of the concerns expressed and reaffirming the rights and freedoms enshrined in the African Charter, we respectfully urged the Federal Democratic Republic of Ethiopia to:
i.Carry out independent and impartial investigations into:
ii.The allegations of internet shutdowns and information control in the Tigray and other affected regions;
iii. The reported continuing abuses against civilians in Tigray, by some security forces whose authorities did not participate in the Pretoria negotiations, and by Amhara forces and ensure the withdrawal of such forces from the Tigray;
iv.Ensure the immediate and unconditional restoration of internet access in the Tigray, Amhara and Afar regions;
v.Allow and encourage the free and unencumbered flow of information both on and offline in the Federal Democratic Republic of Ethiopia;
vi.Adopt legislative and other measures to give effect to Article 9 of the Africa Charter as read with Principles 5 and 38 of the Declaration.
14.The Commission is yet to receive a response from the Government of the Federal Democratic Republic of Ethiopia.
ii.Joint Letter of Urgent Appeal to the Republic of Zambia
15.On 15th March 2023, in my capacity as the Chairperson of the Working Group on Economic, Social and Cultural Rights, together with the Commissioner Rapporteur on the Human Rights Situation in the Republic of Zambia; the Special Rapporteur on Refugees, Asylum Seekers, internally Displaced Persons and Migrants in Africa; the Chairperson of the Working Group on Extractive Industries, Environment and Human Rights Violations and the Chairperson of the Working Group on Indigenous Populations/ Communities and Minorities in Africa; we sent a joint letter of Urgent Appeal to H.E Mr. Hakainde Hichilema, President of the Republic of Zambia, regarding allegations of the forced eviction of Kasima Community in Mongu District, Zambia.
16.According to information reaching our Commission, community members that were living in Kasima, Mongu District since 2018, on a basis of a customary tenure confirmed by a land ownership certificates of the local traditional authority, have been forcibly evicted from Kasima by armed state police, in the company of Mongu Municipal Council police on 21st February 2023. The reports allege that the affected community members started occupying land in Kasima, Mongu District in 2018, others in 2019 and 2020. Their customary tenure was confirmed by the issuance of land ownership certificates by Chief Libumbu on behalf of the local traditional authority, the Barotse Royal Establishment, in 2018 – 2021.
17.In view of the concerns expressed and reaffirming the rights and freedoms enshrined in the African Charter, we respectfully urged the Federal Democratic Republic of Ethiopia to:
i.Provide urgent medical treatment, psychosocial and material support, and temporary alternative accommodation to the displaced persons:
ii.Review and if proven unlawful to revoke the alienation of communal land in Kasima, and allow the displaced persons to return to their land;
iii.Where restitution is not possible, provide alternative land and accommodation of equal value;
iv.Provide full, effective, fair and adequate compensation to the affected persons, and
v.Ensure that the affected members of the community are informed, consulted, included, and provide their consent to the water extraction project, and to any compensation and resettlement plans.
18.The Commission is yet to receive a response from the Government of the Republic of Zambia.
iii.Joint Letter of Commendation to the Republic of Uganda
19.On 10th January 2023, in my capacity as the Country Rapporteur on the Human Rights situation in the Republic of Uganda, together with the Special Rapporteur on Freedom of Expression and Access to Information in Africa, Hon. Commissioner Ourveena Geereesha Topsy Sonoo, we sent a letter of commendation to H. E. Mr. Yoweri Museveni, President of the Republic of Uganda regarding the recent removal by the Uganda Constitutional Court, of the section of the Computer Misuse Act of 2011, which made it an offence for anyone to "use electronic communication to disturb or attempt to disturb the peace, quiet or right of privacy of any person with no purpose of legitimate communication", and thereby had curtailed the freedom of speech.
20.We conveyed our commendation to His Excellency and to the Republic of Uganda for taking this important step, which is a positive move of the Government towards improvement of the status of human rights in Uganda. The letter also indicated that by removing the section of the Internet law which restricted freedom of expression, His Excellency sent a very strong message that the Government of Uganda is committed to ensure that Ugandans and its residents enjoy all the benefits inherent in adhering to the principles of human and peoples’ rights and freedoms contained in the declarations, conventions and other instruments adopted by the African Union and the United Nations.
iv.Joint Letter of Concern to the Republic of Uganda
21.On 27th March 2023, in my capacity as the Country Rapporteur on the Human Rights Situation in the Republic of Uganda together with the Chairperson of the Working Group on the Death Penalty, Extrajudicial, Arbitrary or Summary Killings and Enforced Disappearances in Africa; we sent a letter of concern regarding the Passing of a Bill inter alia imposing the Death Penalty for aggravated Homosexuality.
22.Information reaching the Commission indicated that on 22nd March 2023, Members of Parliament of the Republic of Uganda passed a Bill inter alia imposing death sentence on any person who is convicted for the offence of aggravated homosexuality. We expressed concerned about the Bill and recalled the obligation for all State Parties to the African Charter on Human and Peoples’ Rights (the African Charter) to ensure respect to the right to life (Article 4 thereof refers). We also recalled that the Commission has widely and on divers occasions insisted on the paramount importance of the right to life, as a fundamental right without which all other rights cannot be realized.
23.In light of the above, we called on the Government of the Republic of Uganda, not to make or pass laws that impose the death penalty in cases (including aggravated homosexuality howsoever defined) that do not meet the above criterion and in general to take all necessary measures to guarantee full respect for the right to life for all regardless of the offence involved.
v.Press Release on the Death of more than 200 People in Malawi
24.On 15th March 2023, as Chairperson of the Working Group on Economic, Social and Cultural Rights in Africa and Commissioner Rapporteur on the Human Rights Situation in the Republic of Malawi, I issued a Press Release on the death of more than 200 people in Malawi, caused by a devastating tropical cyclone Freddy which ripped through the country for the second time in March 2023, causing extensive damage to infrastructure and homes and as a consequence, power and communications in many affected areas were disrupted. The Press Release noted that reports indicated that an estimated 19,000 people have been displaced by the heavy rains that have triggered floods and mudslides.
25.The Press Release commiserated with the leadership and people of the Republic of Malawi, on this devastating event, which has serious impact on the socio-economic livelihoods of the people in the country, especially those from the affected areas. On behalf of the Commission, I conveyed my condolences to all those who lost their loved ones by this tragic event and took the opportunity to renew the Commission’s commitment to support the efforts of the Republic of Malawi, to safeguard the socio-economic rights of its peoples by finding lasting solutions to Economic, Social and Cultural Rights in Malawi.
vi.Press Statement on the Passing Away of Professor Azzouz Kerdoun
26.On 17th January 2023, as Chairperson of the Working Group on Economic, Social and Cultural Rights, I issued a Press Statement on the passing away of Professor Azzouz Kerdoun on 13th January 2023, who was recently appointed as an Expert Member of the Working Group on Economic, Social and Cultural Rights of the Commission.
27.In addition to being a Professor of International Law, known and recognised throughout the region, Professor Azzouz Kerdoun was among the circle of eminent international experts who have contributed greatly to the promotion of the human rights international agenda, and more particularly economic, social and cultural rights.
28.I extended the sincere condolences of the Commission to the Kerdoun family in Algeria, with whom we shared the pain of this loss, while praying to the Good Lord to welcome Professor Azzouz Kerdoun into Paradise.
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:
A.Strategic Engagements during Sessions of the Commission
29.During the 73rd Ordinary Session of the Commission, I presented a 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 Session with partners and discussed possible areas of collaboration with the Working Group, to fulfil its mandate.
30.At that same Session I made a keynote remarks at the launch of the General Comment 7: State Obligations Under the African Charter on Human and Peoples’ Rights in the Context of Private Provision of Social Services. The General Comment is a key subsidiary instrument in terms of the African Charter, that elucidates States’ obligations to respect, protect, promote and fulfil all human rights, within their territories and extraterritorially. It aims to guide the interpretation and implementation of the State obligations to ensure the provision of quality and accessible social services to all; regulate all private actors that participate in social service provision; and provide the Commission with comprehensive information in their reports under Article 62 of the African Charter.
31.Further to that, I made presentation on the Panel on African Union’s Theme of the Year “Nutrition, Strengthening Resilience in Nutrition and Food Security on the African Continent”, which also falls under the which also falls in line with the mandate of the Working Group. The Panel’s discussions delved on issues pertaining to National Strategies and Multi-Sectoral Approach in Resolving Malnutrition in all its Forms, Nutrition and Food Security: Global Initiatives and Investments in boosting Nutrition and Health, and Impact of Trade and Climate Change to Food Security in Africa.
B.Orientation and Planning Meeting of the Working Group on Economic, Social and Cultural Rights in Africa
32.On 8th February 2023, as Chairperson of the Working Group on Economic, Social and Cultural Rights in Africa (Working Group), I presided over the Orientation and Planning Meeting of the Working Group, which main objectives were to orientate the newly appointed Expert Members of the Working Group on the mandate of the Commission and the Working Group, and to discuss and develop a Workplan of the activities of the Working Group for 2023.
33.The Meeting was attended by Members, Expert Members of the Working Group and Staff of the Secretariat.
34.During the meeting, presentations were made on the work of the Working Group and its ongoing activities. The Working Group also adopted its 2023 Annual Workplan.
C.Strategic Engagements with Partners during the Inter-Sessions of the Commission:
i.Symposium on the Contribution of the African Human Rights System to the Right to Health
35.On 20th January 2023, I gave a keynote address on the right to health in a Symposium on the Contribution of the African Human Rights System to the Advancement of the Right to Health, which was organized by the Frances Lewis Law Center of Washington and Lee School of Law, in USA.
36.Experts on various aspects of the right to health in Africa, drawn from the academia, civil society groups, regional human rights bodies and research institutions, participated in the Symposium and explored various issues in relation to the realization of the right to health in Africa.
37.Participants assessed the nature of the contribution of the African human rights systems to the realization of the right to health, evaluated the gaps and challenges in the realization of the right to health by the African human rights systems especially for vulnerable and marginalized groups and drew lessons from other human rights systems in relation to the realization of the right to health. The deliberations culminated in recommendations for effective monitoring and realization of the right to health under the African human rights systems, which the Working Group will explore.
ii.Side Event on Extreme Inequality and Social Contract in Africa: Experience, Challenges & Resources for An Equal and Just Africa Organized by Oxfam Ethiopia
38.On 16th February 2023, I delivered Opening Remarks in a Side Event on Extreme Inequality and Social Contract in Africa: Experience, Challenges & Resources for an Equal and Just Africa Organized by Oxfam Ethiopia, during the 36th African Union Heads of State & Government Summit. I was also part of a Panel Discussion on ‘Extreme Inequality and the Social Contract in Africa’.
39.The Panel facilitated discussions and exchange of ideas, experiences, lessons and perspectives on the need, feasibility and ambition for a new social contract in Africa. It was a platform for dialogue between civil society, the African Union, Member States of the Union and development partners on insights and solutions regarding renegotiation, formulation and implementation of transformative social contracts for Africa. Civil society organizations dialogued with political leaders and international development partners, and expressed their views on the social contracts agenda.
iii.Virtual Side Event: Multi-Stakeholder Dialogue on the Role of Partnerships in Framing a New Social Contract to Advance the Right to Social Protection and Lnob Principle in the Implementation of Agenda 2063 and the 2030 Agenda
40.On 25th February 2023, I made a Presentation in a Panel Discussion on, “Challenges & Solutions to creating a new social contract building on human rights obligations and the commitments under the 2030 Agenda and the 2063 Agenda: How regional human rights standards can inform the implementation of social protection commitments in the 2030 Agenda and 2063 Agenda”, in a Virtual Side Event on Multi-Stakeholder Dialogue on the Role of Partnerships in Framing a New Social Contract to Advance the Right to Social Protection and Lnob Principle in the Implementation of Agenda 2063 and the 2030 Agenda.
41.The event, which was co-organised by Office of the High Commissioner for Human Rights (OHCHR), the Danish Institute for Human Rights (DIHR) and the Network of African NHRIs (NANHRI) focused on inclusive recovery from multiple crisis and the integrated implementation of the 2030 Agenda. It was an opportunity for multi-stakeholders to dialogue, discuss good practices and share experiences on inclusive recovery in implementing the right to social protection.
42.Participants also discussed the importance of partnerships and the need to frame and implement a new social contract between rights holders and duty bearers in order to accelerate the realisation of the SDGs and the underpinning economic, social and cultural rights with priority to marginalized groups and people in vulnerable situations affected by multiple crisis in Africa.
iv.Regional Sexual and Reproductive Health and Rights INDABA/MUKUTANO/SYMPOSIUM
43.From 29th to 31st March 2023, I engaged in discussions with participants in a Regional Symposium on Sexual and Reproductive Health and Rights held in Johannesburg, South Africa. The Regional Symposium was organized by Aids and Rights Alliance for Southern Africa (ARASA).
44.The Regional Symposium, with an audience of about 150 participants from South and East Africa including the Deputy President for South Africa, International organisation on Migration (IOM), SIDA, UNAIDS, Aidsfonds and others, deliberated on the impact of mega-trends (such as migration, climate and digital divide) on Sexual and Reproductive Health and Rights (SRHR). It created an opportunity to reflect on the SRHR movement in the past decade and showcase some of the advancements that have been made and learn from the challenges experienced.
45.I also delivered the vote of thanks during the closing session of the symposium.
v.Meeting with the United States Mission to the African Union (USAU)
46.On 11th April 2023, I had a virtual meeting, on the invitation of the United States Mission to the African Union (USAU), with the interim Chargé d'Affaires of USAU, Mr. Mikael Cleverley.
47.The purpose of the meeting was to discuss issues pertaining to U.S. engagement with the African Union and its bodies on human rights and related topics and share insights from the US Secretary of State Anthony J. Blinken’s recent visit to Addis Ababa.
vi.Meeting with the World Health Organization (WHO)
48.On 12th April 2023, the Commission’s Secretariat convened a meeting between myself and representatives of the World Health Organisation (WHO), particularly the Department for Gender, Diversity, Equity and Human Rights (GDEHR) and the WHO African Region (AFRO).
49.The meeting was an opportunity to share information on the mandate of the Commission’s WG-ECOSOC and its planned activities for 2023 in which it may be able to collaborate with WHO. It also discussed possibilities for forging partnership that can enable the relevant mechanisms of both institutions to contribute to each other’s work, and the WG to interact with relevant normative frameworks developed by the GDEHR on different instruments, and draw inspirations that may be adaptable in implementing health related African regional instruments. The technical teams from both institutions agreed to deliberate further, identify areas of collaboration and negotiate a Memorandum of Understanding.
vii.Academic and Learning Visit at the Georgetown University Law Center
50.From 17th to 19th April 2023, in my capacity as the Chairperson of the Working Group on ECOSOC, together with the Special Rapporteur on the Rights of Women in Africa, Hon. Commissioner Janet Ramatoulie Sallah Njie, I undertook an academic and learning visit at the O’Neill Institute for National and Global Health Law of the Georgetown University Law Center (O’Neill Institute), in Washington DC, USA. The visit was co-organized by the Dullah Omar Institute of the University of the Western Cape, the Kenya Legal & Ethical Issues Network on HIV and AIDS (KELIN), and the Global Center for Legal Innovation on Food Environments of the Health and Human Rights Initiative at the O’Neill Institute (Global Center), and we were invited to make presentations.
51.The academic visit was convened on the backdrop of the growing relationship between business and human rights, and the role of international and regional human rights bodies in the realization of fundamental socio-economic rights, especially the right to health.
52.The African Commission and the Inter-American Human Rights Commission have been engaging with and seeking to establish norms and standards for ensuring that the right to health and other related rights are realized. The academic visit provided a platform for the two Commissions to share their experiences with each other and to explore areas of collaboration with regards to tackling emerging health concerns, such as the escalating rate of non-communicable diseases and the growing concerns related to SRHR in both regions. Discussions during the visit was centered around realizing the right to health and the role of Regional Human Rights Commissions. There was also knowledge exchange between the two Commissions and the Global Center.
53.I made opening remarks in the meeting organised during the visit, and gave a presentation on an overview of the mandate and achievements of the Commission as they relate to realization of the right to health. I was also part of a panel discussion, in which I spoke on “Emerging issues on the right to health, perspectives from the African Commission and what can be learnt from the Commission on utilizing its mandate to realize the right to health and what opportunities exist to inform a Plan of Action".
54.Furthermore, the visit gave an opportunity to students and staff of the Institutes that organized the visit, to engage with us (Commissioner Sallah-Njie and I), and gain insights into how we fulfill our mandates and the role of academia and civil society organizations in supporting our work.
SECTION III - SITUATION ANALYSIS OF ECOSOC RIGHTS ON THE CONTINENT AND RECOMMENDATIONS
Part I: Situation Analysis of Ecosoc Rights on the Continent
55.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 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.Climate Change
A.According to the World Meteorological Organization (WMO), Africa accounts for about 2-3 percent of global greenhouse gas emissions, and suffers disproportionately from climate change: its climate has warmed more than the global average, sea levels are rising faster than the global mean, rainfall patterns are being disrupted, glaciers are disappearing, and key lakes are shrinking.
B.These are having their toll on social and environmental elements of health – clean air, safe drinking water, agriculture and sufficient food supply, as well as good shelter, thereby aggravating incidences of displacement of millions and deaths from malnutrition, malaria, diseases, epidemics and heat stress. For instance, in the past five (5) months, a number of countries in Africa like Madagascar, Malawi, Mozambique have experienced recurring flooding; Somalia has experienced and is still battling with recurring droughts.
C.I note and applaud the action plans of African countries who participated in the COP27 conference held in Egypt in November 2022, which launched a 14 billion Dollar Climate Risk facility and has resulted in more than 40 countries strengthening their national climate plans, adding greater commitments to develop and implement early warning systems, and to increase transboundary cooperation, data exchange, and knowledge sharing.
b.Soaring Inflation in most African countries
D.Following rise in global inflation tagged to be about 7% at the least in 2023 by the International Monetary Fund, inflation is soaring in most African countries, resulting in increase in prices of basic commodities, including food, thereby posing a threat to the right to health.
c.Resurgence of the COVID-19 virus and Ebola virus, increase in Cholera cases in some African countries and emergence of a new Epidemic – the Marburg Virus
E.The resurgence of the COVID-19 virus and Ebola virus, increase in spread of Cholera disease in several countries, and the emergence of Marburg virus in two African countries, raise serious health concerns on the continent and calls for actions to prevent spreading and to mitigate their effects.
d.Opportunities seized by the Working Group
F.In view of the above concerns raised, the Working Group is already engaging with partners in discussions on practical steps towards protection of the right to health, for instance, it had published on the website of the African Commission, for the first round of comments, a “draft Study on the Right to Health and its financing in Africa: End Epidemics and Strengthen Systems that Uphold the Right to Health for All.” the Study was undertaken in collaboration with UNAIDS, and will be finalised and published as soon as possible. The Working Group has also placed advocacy with States parties and relevant partners, on the concerns raised, on its priority list.
G.I utilised opportunities given by my engagements mentioned in this 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 and facilitate implementation of the right to health, thereby greatly contributing to the implementation of Article 16 of the African Charter.
Part II: Conclusions & Recommendations
To States parties:
a.On Signature and Ratification of Subsidiary Instruments
I call upon States parties to the African Charter to familiarise themselves with the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Citizens to Social Protection and Social Security, to sign, and to ratify it.
I also request State parties to make effective use of 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, and other soft law instruments developed by the Commission on issues pertaining to Economic, Social and Cultural Rights.
b.On Climate Change
I believe that our continent’s leadership on climate action, coupled with international financial support for both economic growth and climate goals, will greatly contribute to mitigating the negative effects of climate change in Africa. In this regard, I call upon State parties to the African Charter, who have not already begun to do so:
i.to develop action plans towards preventing and combating the negative consequences of climate change; and
ii.to 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.
These will also mitigate the effects of the soaring inflation we are experiencing in our countries, as increase in food supplies would bring down the cost of food items, and bolster healthy living on our continent.
To all Stakeholders:
Synergised approach of all Stakeholders
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.
CONCLUSIONS
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 the support and call for a continuous collaboration in promoting and protecting Economic, Social and Cultural Rights in Africa.
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