GI-ESCR actively participated in the 77th Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR), that took place in Arusha, Tanzania from 20 October to 9 November 2023. 

GI-ESCR representatives, Aya Douabou, Programme Officer - Africa and Roselyne Onyango, Associate Programme Officer - Africa, participated in various activities within the session and delivered statements to highlight the state obligation to deliver quality public services, mobilise resources using progressive and fair taxation to fund these public services and regulate private actors providing public services.

Intervention on the panel on the ratification of the protocol to the African Charter on Human and Peoples' Rights on Social Protection and Social Security in Africa & Dissemination of General Comment 7 on State Obligations under the African Charter on Human and Peoples’ Rights in the context of private provision of social services

On 23 October 2023, Roselyne Onyango delivered an oral statement highlighting how different stakeholders (the State, National Human Rights Institutions and civil society organisations) could disseminate General Comment 7 to rights-holders. She also urged state parties to adequately fund public services while strengthening domestic resource mobilisation through fair and progressive taxation. She used this opportunity to bring to the ACHPR’s attention several sexual abuse reports whose victims were students of Bridge International Academies (BIA) or New Globe, Kenya. She also reported that the World Bank’s International Finance Corporation which held an equity stake in Bridge International Academies between 2018 and 2022 turned a blind eye to the abuse, and that 32 civil society organisations have demanded accountability in response to the child sexual abuse report in a joint statement. 

She called on the Republic of Kenya to investigate the matter and hold perpetrators accountable.  

As a reminder, the ACHPR expressed concerns about the lack of monitoring and effective regulation of Bridge International Academies in its 2016 Concluding Observations on the 8th to 11th Periodic Report of Kenya. 

See our statement here.

Participation in the side event "The Africa we want - Reclaiming public services" 

Still on 23 October 2023, the Initiative for Social and Economic Rights (ISER), Uganda convened a side event whose highlight was a panel discussion on "The Africa we want - Reclaiming public services". Among the panelists, Aya Douabou presented on the need for states to hold private actors accountable by establishing monitoring and regulatory mechanisms, that would also enable the evaluation of the services provided by private actors as established by General Comment 7. She mentioned the BIA sexual abuse reports to illustrate why states must monitor, regulate and hold private actors accountable regarding their delivery of public services. She ended by stressing the importance for states to provide essential public services, create mechanisms for remedies and the need for inclusion of public participation in the provision of public services. 

Intervention on the Inter-Session Activity Report of the Chairperson of the Working Group on Economic, Social and Cultural Rights 

On 24 October 2023, Commissioner Mudford Mwandenga, Chairperson of the Working Group on Economic, Social and Cultural Rights presented his inter-session activity report in which he reported on the Geneva Expert Meeting organised by GI-ESCR on 3 and 4 October 2023 and that gathered experts from the African and Inter-American human rights systems. Following his presentation, GI-ESCR thanked Commissioner Mwandenga for his participation in the Expert Meeting and his continuous efforts to disseminate General Comment 7.  

Once again, GI-ESCR seised this opportunity to recall the BIA sexual abuse reports as state obligation to regulate private actors providing social services is clearly established by General Comment 7. 

See our statement here. 

On the Panel on Extractive Industries, tax justice and financing of development and climate action in Africa

On 26 October 2023, GI-ESCR participated in the 2^nd Regional Forum on the State of Extractive Industries, Trade, Investment and Human Rights in Africa. This year’s theme was on “Extractive Industries, tax justice and financing of development and climate action in Africa.” As a panelist, Aya Douabou delivered a presentation on" Sustainable public services and tax justice: realizing the Charter's rights in the context of climate emergency". Her presentation highlighted the utmost importance of public services for the realisation of the rights enshrined the African Charter on Human and Peoples’ Rights. Then, it showed how debt, illicit financial flows and unnecessary tax incentives prevent resource-rich countries in Africa from investing adequately in public services. She also underlined the 5 principles of tax justice (revenue, redistribution, repricing, representation and reparation) as a way to boost domestic resource mobilisation in the context of climate emergency. She finally reiterated Commissioner Dersso’s call to African Union Organs to lend their support to the ongoing global tax reform negotiations at the UN level towards a UN tax convention which will aim to improve the international tax cooperation, combat tax abuses and curb illicit financial flows.