GI-ESCR brought together human rights experts from the African and Inter-American human rights systems to strengthen a human rights approach to social services and progressive taxation 

On 3 and 4 October 2023, GI-ESCR, with the support of The Geneva Human Rights Platform, organised an Expert meeting on human rights approaches to sustainable social (public) services. 

The meeting brought together experts from the African Human Rights System and the Inter-American Human Rights System to have a South-South learning and sharing of experiences to ensure human rights monitoring bodies continue to clarify States’ human rights obligation to provide quality public services financed by progressive taxation.  

Over the past years, the African Commission on Human and Peoples’ Rights (ACHPR) has taken progressive steps to clarify State obligations regarding the delivery of social services, especially given the increasingly concerning involvement of private actors in providing such essential services.  

In 2019, the ACHPR adopted Resolution 420 on States’ Obligation to Regulate Private Actors Involved in the Provision of Health and Education Services. And in 2020, it adopted the Guidelines on the right to water in Africa and Resolution 434 on States' Obligations to regulate private actors involved in the provision of social services.  

These steps led to the development and adoption 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 launched in October 2022. This General Comment is a landmark text that captures the most comprehensive interpretation of existing human rights law related to the provision of social services essential for the enjoyment of human rights, especially economic, social and cultural rights.  

In parallel, the Special Rapporteur on Economic, Social, Cultural and Environmental Rights (REDESCA) of the Inter-American Commission on Human Rights (IACHR) issued a statement in the context of the Latin American and Caribbean Summit for fair, equitable, and sustainable global taxation.  

One of the aims of the meeting was to bring together key actors from both the African and Inter-American systems to discuss the role of human rights monitoring bodies in promoting quality social/public services funded by progressive tax systems. 

Objectives achieved 

1. 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. 
2. Dialogue generated among human rights experts on how States can increase their domestic resources –through progressive and fair fiscal policies– for the sustainable financing of social (public) services so that they become a reality on the ground. 
3. Discussion initiated among the two regional human rights systems on how they approach social (public) services in their contexts and the lessons they can learn from each other. 
4. Common understanding by the ACHPR and IACHR representatives of the need to mainstream tax justice in their agenda for the sustainable financing of public services
5. Collaboration strengthened between experts from the African and Inter-American Human Rights systems on issues of common interest around economic, social, and cultural rights. 

With the aim of achieving the South-South collaboration, the meeting brought together key experts of more than 17 nationalities, including: 

African System  

1. Mudford Zachariah Mwandenga, Chairperson, Working Group on Economic, Social and Cultural Rights, African Commission on Human and People's Rights, Zambia.
2. Solomon Ayele Dersso, Member, Working Group on Economic, Social and Cultural Rights, African Commission on Human and People's Rights. Former Chairperson, African Commission on Human and People's Rights, Ethiopia.
3. Ashraf Milad Ruxi Thomas, Expert Member, Working Group on Economic, Social and Cultural Rights, African Commission on Human and People's Rights, Egypt.
4. Delphine Aimée Nkengue, Expert Member, Working Group on Economic, Social and Cultural Rights, African Commission on Human and People's Rights, Cameroon.
5. Thomas Kagiso White, South African Constitutional Court, South Africa.

The meeting was the opportunity for the newly appointed Expert Members Ashraf Milad Ruxi Thomas and Delphine Aimée Nkengue to meet with the two Commissioner members of the Working Group on Economic, Social and Cultural Rights for the first time and establish in-person connections. 

 Inter-American System  

6. Javier Palummo, Special Rapporteur on Economic, Social, Cultural and Environmental Rights, Inter-American Commission of Human Rights, Uruguay.
7. Soledad García Muñoz, Former Special Rapporteur on Economic, Social, Cultural and Environmental Rights, Inter-American Commission of Human Rights, Spain-Argentina.

UN System  

8. Jun Rin Kim, Human Rights Officer, UN OHCHR, South Korea.
9. Julieta Rossi, Member, UN CESCR, Argentina.

Civil Society Organisations  

Together with the GI-ESCR team, we counted with the participation of:

11. Felix Kirchmeier, Executive Director, Geneva Human Rights Platform, Germany.
12. Angella Kasule Nabwowe, Executive Director, Initiative for Social and Economic Rights, Uganda.
13. Sandra Epal-Ratjen, Main UN Representative and Senior Adviser, International Commission of Jurists, France.
14. Sergio Chaparro-Hernandez, International Policy and Advocacy Lead, Tax Justice Network, Colombia.
15. Ana María Suarez Franco, United Nations Representative, FIAN International, Colombia.
16. Yves Lador, United Nations Representative, Earthjustice, Switzerland.

Towards the end of the second/last day of the meeting, participants were divided into two working groups to reflect on and map concrete action-oriented recommendations the African and Inter-American systems can implement in sysnergy to push for the delivery of quality public services and their sustainable financing through fair and progressive taxation. 

The key outcome document of the meeting, entitled ‘Geneva Declaration: Anchoring Social Services in Human Rights Standards in the African and Inter-American Regions’, consolidates the recommendations of both groups.