Bearing in mind that the implementation of economic, social and cultural rights in Africa
requires taking into account the totality of the way of life and the positive cultural values
of individuals and peoples in Africa to ensure the realisation of the dignity of all persons;
Recognising also that the Constitutive Act of the African Union is committed to
promoting the sustainable development of Africa and to the principles of gender
equality, democracy, human rights, the rule of law and good governance and the
promotion of social justice to ensure balanced economic development;
Concerned about the deep conditions of poverty, inequality and insecurity that continue
to prevail on the African Continent, and the many obstacles that exist to the full
enjoyment of economic, social and cultural rights in Africa;
Concerned that the continuing epidemics of malaria, HIV/AIDS and TB have a negative
impact on the rights of individuals not only to health but to all other rights, especially
economic, social, cultural and also to political participation and the right to life, thereby
emphasising the importance of concerted efforts to control these epidemics;
Noting that, despite a range of initiatives to promote Africa’s development, mechanisms
to ensure the effective protection and full realisation of economic, social and cultural
rights continue to be inadequate in many African countries;
Recognising that economic, social and cultural rights are justiciable and enforceable
rights and that state parties to the African Charter have obligations to ensure that
individuals and peoples’ have access to enforceable administrative and/or judicial
remedies for any violation of these rights;
Recognising that in the enjoyment of economic social and cultural rights, the state may
only subject such rights to limitations provided that these are strictly in line with human
rights principles and obligations;
Solemnly proclaims these Principles and Guidelines on the Economic, Social and
Cultural Rights in the African Charter on Human and Peoples’ Rights, the purpose of
which is to assist State Parties to comply with their obligations under the African
Charter;
Urges that every effort is made to promote them by governments, civil society
organisations, national human rights institutions, judges, lawyers, academics and their
professional associations so that they become generally known to everyone in Africa;
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