GI-ESCR

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GI-ESCR inputs into the new General Comment on public services with the African Commission on Human and Peoples’ Rights

Nellie Epinat

On 24 April 2021, at its 68th Ordinary Session, the African Commission on Human & Peoples’ Rights (ACHPR) held a panel discussion on the launch of the Guidelines on the Right to Water in Africa and the development of the General Comment on States’ Obligations to Regulate Private Actors Involved in the Provision of Social Services. Sylvain Aubry, Senior Legal and Research Advisor at GI-ESCR, was one of the panelists and addressed the impact of non-State actors on the right to education in Africa.

His presentation focused on a particular chain of low-fee private schools and showed how its operations and mushrooming are detrimental to the right to eduaction.

In response, the ACHPR's Chairperson, Solomon Ayele Dersso, expressed his “deep concern” and “outrage” over the threat that unregulated privatisation poses to basic rights such as education and health. He urged everyone to “rise up and call on States to shoulder their responsibilities.”

He reminded that privatisation and commodification of social services are being addressed through the ACHPR's General Comment currently being developed.

Nonetheless, he underscored that “the issues raised in the panel are urgent”. Therefore, he declared, “there is no need to wait for the General Comment to feel concerned as access to basic necessities is insufficient.” “This is unjust and contrary to the Charter”, he added.

GI-ESCR welcomes the ACHPR's renewed support in the fight for social justice through, inter alia, a regulated and accountable private sector.

GI-ESCR will continue to support the elaboration process of the General Comment until its adoption.

Panelists

  • Commissioner Solomon Ayele Dersso – ACHPR Chairperson (Moderator);

  • Commissioner Mudford Mwandenga – Chairperson of the Working Group on Economic, Social and Cultural Rights in Africa;

  • Commissioner Jamesina L. King – Former Chairperson of the Working Group on Economic, Social and Cultural Rights in Africa and Special Rapporteur on Freedom of Expression and Access to Information in Africa;

  • Ms Helene Boussard Ramos dos Santos - Right to Water Focal Point & Former Expert Member of the Working Group on Economic, Social and Cultural Rights in Africa;

  • Ms Salima Namusobya, Member, Working Group on Economic, Social and Cultural Rights in Africa;

  • Ms Allana Kembabazi, Initiative for Social and Economic Rights;  

  • Mr Sylvain Aubry, Global Initiative for Economic, Social and Cultural Rights; and

  • Dr Takele Bulto, Director of Economic, Social and Cultural Rights programme, Ethiopian Human Rights Commission.