180.
Article 17 of the Maputo Protocol:
1) Women shall have the right to live in a positive cultural context and to
participate at fi-ll levels in the determination of cultural policies.
2) States Parties shall take all appropriate measures to enhance the participation
of women in the formulation of cultural policies at all levels."
181.
The Commission observes that Article ,·lTof the Charter has no "clawback" clause. In Centre for Minority Rights Dev~~opment (Kenya) and
Minority Rights Group (on behalf of Endorois.Welfare Council) v Kenya the
Commission noted that:
,.
"The absence of a claw-back clause is an indicaHr,m that the drafters of the
Charter envisaged few, if any, circumstances:in which it .would be appropriate
to limit a people's right to culture. It further notes that even if the Respondent
State were to put some limitation on the exercise of such a right, the restriction
must be proportionate to a legithnate aim that does not interfere adversely on
the exercise of a community's cultural rights.1/ 59
182.
The Commission recalls the obligations incumbent on States Party to the
Charter under Article 17(2) as enunciated in its Pretoria Declaration on
Economic, Social and Cultural Rights in Africa:
9. The right to culture in articles 17and 18 of the African Charter entail among
other things the following:
1.Pos.itive African values consistent with international human rights
rea}i'tifs and s,tandards;
2:Eradication of harmful traditional practices that negatively affect
· human rights;
3.I;'articipation at all levels in the determination of cultural policies and
in cultural and artistic activities;
4.Measures for safeguarding, protecting and building awareness of
tangible and intangible cultural heritage, including traditional
knoioledge systems;6o
183.
The Commission also revisits its Principles and guidelines on the
implementation of Economic, Social and Cultural rights in the African
Charter on Human and Peoples' Rights:
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59
Communication 276/03, Centre for Minority Rights Development (Kenya) and Minority Rig
behalf of Endorois Welfare Council) v Kenya .
60
(2004) ( !illJ2.0/achpr.au.int/ ind ex.php/e n/nod e/8 76 )
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