Resolution of the NGO Forum on the Inscription of Economic, Social and Cultural Rights in the Agenda of the African Commission on Human and Peoples’ Rights

The NGO Forum,

Recalling the preamble of the African Charter on Human and Peoples’ Rights, notably on the universal, indivisible and inter-dependent nature of all rights;

Re-affirming as stipulated in the African Charter that the effectiveness of the Economic, Social and Cultural rights allows the full guarantee of the enjoyment of Civil and Political rights;

Considering that the African Charter contains a large number of Economic and Cultural rights in its provisions;

Recalling the commitment made by the African countries in the Final Document of the Millennium Summit of September 2005, notably in relation to Economic, Social and Cultural rights without forgetting their obligations according to the Millennium Development Goals;

Underscoring also the massive adherence of the African States to the International Convention on Economic, Social and Cultural Rights;

Considering that the mandate of the African Commission is to give full effect to the rights guaranteed by the African Charter;

Noting that the Agenda of the African Commission provides little time for the reflection and effective application of the Economic, Social and Cultural Rights;

Having in mind that poverty, malnutrition, access to clean drinking water, the allocation of the benefits of the exploitation of natural resources to local development, hunger, diseases, including HIV/AIDS, are notably matters of concern for the African populations and Civil Society Organizations whose constantly repeated goodwill is to see the African Commission bear the fundamental issue of economic, social and cultural rights;

The NGO Forum requests the African Commission on Human and Peoples’ Rights:

To inscribe an Item Economic, Social and Cultural rights in its Agenda for the 40th Session which will also mark the 25th Anniversary of the entry into force of the African Charter on Human and Peoples’ Rights;
To take into consideration the priorities established by the Working Group of the NGO Forum which, in analyzing the situation in Africa, has notably identified the right to drinking water, the right to food security, the right to good health, in particular when it relates to HIV/AIDS, Tuberculosis and Malaria, the right to decent shelter, the right to education as well as the right for the local populations to benefit from the revenue accruing from the exploitation of natural resources for development programmes, as fundamental elements to be retained;
To create appropriate mechanisms to guarantee the effective enjoyment of Economic, Social and Cultural rights on the African Continent.

Done in Banjul, 8th May, 2006