Resolution of the NGO Forum on Economic, Social and Cultural Rights

The NGO Forum,

Recalling the principle of universality, interdependence and indivisibility of all rights reaffirmed by the African Charter on Human and People’s Rights and the Declaration as well as the 1993 Vienna Programme of Action.

Reaffirming, as enshrined in the African Charter, that the effectiveness of economic, social and cultural rights helps fully guarantee the enjoyment of civil and political rights;

Recalling the reaffirmation in the Constitutive Act of the African Union of the will of African States to promote and protect human and people’s rights in accordance with the African Charter on Human and People’s rights,

Emphasizing that almost all African States have agreed to be bound by the international Covenant on economic, social and cultural rights,

Underscoring also that the adoption in 2004 of the Declaration of Pretoria on economic, social and cultural rights in Africa by the African Commission on Human and People’s Rights;

Noting with satisfaction the adoption by the African Commission at its 36th ordinary session in Dakar, Senegal, in 2004, of resolution 73(XXXVI)04 which underscored the inadequate recognition of economic, social and cultural rights by Member States, leading to the continued marginalization of these rights and exclusion of the majority of Africans from the full enjoyment of their human rights,

Considering that the mandate of the African Commission pursuant to article 45 is to promote, protect and implement all the rights contained in the Charter, including economic, social and cultural rights,

Expressing satisfaction at the twentieth anniversary of the African Commission and its contribution to the advancement of human rights in Africa,

Underscoring the setting up by the African Commission of a Working Group responsible for studying the issue of economic,social and cultural rights,

Concerned, however, that the agenda of the African Commission spares little space to reflection and effective enforcement of economic, social and cultural rights,

Bearing in mind that poverty, malnutrition, access to drinking water, education, health, hunger, the distribution of the income from the exploitation of natural resources for local development, diseases, including HIV/AIDS, are special issues of concern for African people and civil society organisations who are constantly urging the African Commission to address the fundamental problem of economic, social and cultural rights,

The NGO Forum is asking the African Commission on Human and People’s Rights:

1. Publish without further delay the findings of the Working Group on economic, social and cultural rights,

2. Prepare guidelines to help the States to effectively implement economic, social and cultural rights,

3. Establish appropriate mechanisms aimed at guaranteeing the enjoyment of economic, social and cultural rights in Africa,

4. Include economic, social and cultural rights in the programme of the 43rd ordinary session of the African Commission on Human and People’s Rights.

Done in Brazzaville, November 12th, 2007