Pretoria Declaration on Economic, Social and Cultural Rights in Africa (2004)
Preamble
Recalling that the African Charter enshrines economic, social and cultural rights, in particular in its
article 14, article 15, article 16, article 17, article 18, article 21 and article 22;
Recognising the existence of regional and international human rights standards that stress the
indivisibility, interdependence and universality of all human rights. Among these are the African
Charter, the African Charter on the Rights and Welfare of the Child, the Protocol to the African
Charter on Human and Peoples’ Rights on the Rights of Women in Africa, the Universal Declaration of
Human Rights, the Declaration on the Right to Development,
the International Covenant on Economic, Social and Cultural Rights and the Convention for the
Elimination of All Forms of Discrimination Against Women;
Recognising also that the objectives and principles of the Constitutive Act include a commitment to
the promotion and protection human and peoples’ rights, respect for democratic principles, human
rights, the rule of law and good governance and the promotion of social justice to ensure balanced
economic development;
Noting that despite the consensus on the indivisibility of human rights, economic, social and cultural
rights remain marginalised in their implementation;
Concerned that there is resistance to recognising economic, social and cultural rights that results in
the continued marginalisation of these rights, which excludes the majority of Africans from the
enjoyment of human rights;
Appreciating the positive impact that information and communication technologies (ICTs) can have
on the promotion, protection and realisation of economic, social and cultural rights;
Recognising that there are several constraints that preclude the full realisation of economic, social
and cultural rights in Africa;
Deeply disturbed by the ongoing and longstanding conflicts in the regions of Africa, which impede the
realisation of economic, social and cultural rights;
Adopted at a seminar in Pretoria, South Africa in September 2004 at which representatives of the
Commission, 12 African states, national human rights institutions and NGOs participated. The
Declaration was adopted by the Commission at its 36th session in December 2004.
Concerned further by the lack of human security in Africa due to the prevailing conditions of poverty
and under-development and the failure to address poverty through development;
Further recognising the urgent need for human rights, judicial and administrative institutions in Africa
to promote human dignity based on equality and to tackle the core human rights issues facing
Africans including, food security, sustainable livelihoods, human survival and the prevention of
violence;
The participants state that: