CONCLUSION
Rights which, once functioning, will be empowered to adjudicate over the rights
enshrined in the African Charter.13 Later in the same year, the African Commision
adopted a resolution on economic, social and cultural rights in Africa suggesting
we can anticipate increased focus on these rights in the future work of the
Commission.14
Giving effect to ESC rights at home
The nature of international and regional human rights’ obligations requires that
states give effect to these rights. This includes recognizing the rights at the national level by ensuring that they can be invoked before domestic courts and tribunals.
It also means that administrative and other authorities take account of the rights in
all their decision-making processes. Giving effect to ESC rights requires that
remedies are available to aggrieved individuals or groups and that systems are in
place to ensure governmental accountability.15
The allocation of resources must be decided taking due account of intra-state
regional disparities and the particular needs of marginalized and economically
disadvantaged groups. These must include minorities, indigenous peoples and
women members of those communities, determined through the use of data
disaggregated on multiple grounds such as age, ethnicity 16 and gender.17 Collecting
data that allows for informed policy and expenditure can also play a critical role in
diffusing any potential tensions or resentment between minorities or indigenous
peoples and other poor and marginalized people in the allocation of resources.
The increasingly detailed guidance offered by the elaboration of human rights
standards and the subsequent implementation of positive obligations aimed at
securing the rights of minorities and indigenous peoples has much to offer in terms
of conflict prevention and sustainable development. Just as the economic development of the state must be considered in light of its obligations to respect the
cultural rights of minorities,18 so must all actions at the national and international
levels be consistent with the entrenched rights of minorities and indigenous
peoples. By facilitating an awareness and understanding of ESC rights, mechanisms
for their enforcement, and favoured methods of advocacy, it is hoped this guide
provides a step in that direction.
Notes
1
See for example, Stavenhagen, R., Report of the UN Special Rapporteur on the Situation of
Human Rights and Fundamental Freedoms of Indigenous Peoples, UN doc. A/59/258,
2004, para. 32; and, Lennox, C., Minority Rights and Development: Overcoming Exclusion,
Discrimination and Poverty, London, Minority Rights Group International, 2002, as submitted to the UN Working Group on Minorities, UN doc. E/CN.4/Sub.2/AC.5/2002/WP.6.
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