GI-ESCR at the 73rd Ordinary Session of the African Commission on Human and Peoples' Rights (ACHPR)
GI-ESCR participated in the 73rd Ordinary Session of the African Commission on Human and Peoples’ Rights, that took place in Banjul, The Gambia from 21 October to 9 November 2022.
GI-ESCR, represented by Aya Douabou - Programme Officer for West Africa and Ashina Mtsumi - Programme Officer for Public Services & Africa Representative, was thrilled to welcome the launch of General Comment 7 on private actors and social services, and presented statements highlighting the human rights situation in Africa and encouraging the Working Group on Economic, Social and Cultural Rights to prioritise the dissemination and implementation of the new General Comment. Read more on what we were up to below.
On the launch of General Comment 7 On state obligation under the African Charter on Human and Peoples’ Rights in the Context of private provision of social services
The African Commission officially launched General Comment 7 on state obligation under the African Charter on Human and Peoples’ Rights in the context of private provision of social services on the 24 October 2022. GI-ESCR participated in the drafting of the General Comment as a member of the drafting committee providing technical expertise on economic, social and cultural rights and public services.
GI-ESCR presented an oral statement highlighting General Comment 7 as the most comprehensive interpretation of States’ human rights obligations regarding public services, and a much needed and decisive response to the rapid privatisation and commercialisation of public services in Africa which undermines the enjoyment of ESC rights. GI-ESCR urged State parties to fully implement the General Comment and rely on it for guidance.
GI-ESCR also joined 69 organisations from around the world in a joint statement welcoming General Comment 7 as a step forward in consolidating the human rights legal framework regarding public services and calling on African States to implement this General Comment in full whilst also urging regional human rights bodies and the UN human rights system to emulate this historic development.
On the Human Rights Situation in Africa
GI-ESCR submitted a statement on the human rights situation in Africa highlighting recent evidence from GI-ESCR and partners on the commercialisation of healthcare in Kenya and Nigeria and the on the privatisation of education in Cote d'Ivoire and Senegal, and how this has impacted the enjoyment of the rights to education and health, especially in light of the COVID-19 pandemic. GI-ESCR further commended the African Commission’s adoption of General Comment 7 which would serve as an important tool for guidance on the design, delivery and regulation of public services.
On advancing advocacy on the Republic of Kenya
GI-ESCR joined other civil society organisations from Kenya in a meeting with Honourable Commissioner Solomon Dersso, Commissioner Rapporteur for the Republic of Kenya, to emphasise the concerning findings of the negative impact of years of privatisation and commercialisation in the education and healthcare systems on the rights to education and health in Kenya. These concerns were exacerbated by the COVID-19 pandemic which demonstrated the importance of investing in strong public services. GI-ESCR urged the Commission to encourage the Government of Kenya to prioritise public investment in public services and be guided by General Comment 7 to ensure public services are able to enhance the enjoyment of rights.
On the Activity Report of the Working Group on Economic Social and Cultural Rights Africa
Honourable Commissioner Mudford Mwandenga, Chairperson of the Working Group on Economic Social and Cultural Rights presented the activity report of the working group. In light of the report, GI-ESCR took the opportunity to urge the African Commission through the Working Group on ESCR to prioritise activities aimed at popularising General Comment 7 in its forthcoming work plan.
GI-ESCR also had a meeting with the Honourable Commissioner Mudford Mwandenga, Chairperson of the Working Group on Economic Social and Cultural Rights, and the legal team supporting the Working Group. GI-ESCR shared with the Working Group hte importance of dissemination of the General Comment and looks forward to collaborating with the African Commission and other partners towards this aim.
