Recommendation on Economic, Social and Cultural Rights
We, participants of The Forum on the Participation of NGOs in the Work of the 47th Ordinary Session of the African Commission on Human and Peoples’ Rights,
Congratulates the African Commission for initiating the drafting of principles and guidelines on ESCR under the African Charter on Human and Peoples’ Rights to be presented for adoption at its 47th session;
Recognising the importance of the principles and guidelines as a comprehensive framework setting out the obligations of states under the African Charter and to assist them in the assessment of and freporting on the implementation of their obligations relating to ESC Rights as well as for the work of NGOs and organizations to promote and protect ESCR in Africa;
Noting that although the realization of ESCR is the primary obligations of states at the national level, these duties extend to extraterritorial states in relation to action or inaction that have consequences beyond a state’s borders, reinforcing the concept of extraterritorial state obligations (ETO);
Recognising that Articles 55 and 56 of the UN Charter provide for international cooperation for human rights, while article 2 of the ICESCR imposing the obligation to realize ESCR with international cooperation and assistance and other sources of international law provide legal bases for ETOs;
Recognising that the issue of extractive industries, the environment and human rights, are closely linked to that of ESCR and the role of extractive industries in the violation of ESCR is apparent;
Noting the centrality of the right to water and sanitation, the right against forced evictions and the ESCR (especially right to work) of the youth to the collective realization of economic, social and cultural rights;
Further noting that the increase in forced evictions has become cause for concern, particularly the recent massive evictions (of 3000 families) in Angola, evictions and threats of eviction in Abuja, and eviction threats in Nairobi (about 50, 000 people);
Further noting that the right to water and sanitation are underlying determinant of such other rights as the rights to health, education, housing, environment, and the rights of women and children; and its absence and lack of has been linked to the second highest causes of infant mortality in Africa and one of main causes for drop out of children in general and girls in particular;
Hereby recommend that the NGO Forum:
- Urge the African Commission to adopt the draft principles and guidelines on ESCR under the African Charter and to further mandate its Working Group on ESCR to develop more specific guidelines for use by states as well as non-state actors;
- Call the attention of the African Commission as well as all other participating NGOs to the importance of ETOs as tools of taming the ‘wild rules’ of globalization and submitting TNCs and international financial institutions to human rights law;
- Encourage the African Commission to recognize the existence of intra-African ETOs and incorporate principles on ETOs in the draft principles and guidelines on ESCR;
- Request the African Commission to urge states to respect the Sharm- El- Sheikh and E-thekweni resolutions on water and sanitation,
- Request the African Commission to consider the appointment of a special rapporteur on the right to water and sanitation to address this crucial issue;
- Urge the African Commission to strengthen the Working Group on Extractive Industries, the Environment and Human Rights to enable it carry out its investigations that would lead to the development of a framework to guide states in these matters; and
- Urge the African Commission to consider forced evictions as serious human rights violations taking place in many African countries, and to develop guidelines on forced evictions, highlighting standards for resettlements and compensation for victims.
Done at Banjul, May 10th, 2010
