Article 22: The Right to Economic, Social and Cultural Development

Article 22:

  1. All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind.
  2. States shall have the duty, individually or collectively, to ensure the exercise of the right to development. 

The right to economic, social, and cultural (ESC) development is a fundamental human right that ensures individuals and communities have the necessary conditions to live with dignity. These conditions include access to an adequate standard of living—such as food security, housing, clean water, and sanitation—as well as rights related to social security, health, cultural participation, and fair labor conditions.

International Recognition of the Right to Development

The right to development was first acknowledged in 1979 when the United Nations General Assembly adopted the concept. It was later formalized under the Declaration on the Right to Development (1986), which established development as an inalienable right. This declaration guarantees that all individuals and communities have the right to participate in, contribute to, and benefit from economic, social, and cultural progress to ensure the full realization of human rights and fundamental freedoms (Article 1).

Recognition in the African Human Rights System

Within the African human rights framework, the right to ESC development is explicitly recognized. Article 22 of the African Charter on Human and Peoples’ Rights affirms that:

  • All peoples have the right to economic, social, and cultural development, with due regard to their freedom, identity, and equal enjoyment of humanity’s common heritage.

  • States have an obligation, individually or collectively, to ensure the exercise of this right.

This provision highlights the indivisibility and interdependence of all human rights and reinforces the responsibility of states to facilitate ESC development through policies and initiatives.

State Obligations and Jurisprudence

The duty of states to realize ESC development extends beyond mere recognition—it also means refraining from actions that hinder development. This principle was tested in Communication 136/94, William A. Courson v. Zimbabwe, where the complainant argued that laws criminalizing male homosexuality violated the right to ESC development under Article 22 of the Charter. The African Commission did not reach a decision on the matter due to the withdrawal of the complaint.

Gaps and Subsequent Developments

Although the African Charter recognizes ESC rights, it does not explicitly guarantee certain rights enshrined in the International Covenant on Economic, Social and Cultural Rights (ICESCR), such as:

  • The right to an adequate standard of living, including food, clothing, and housing.

  • The right to freedom from hunger.

  • The right to social security and social insurance.

However, these rights are often inferred from other provisions within the Charter. Additionally, the African Commission has adopted Guidelines for National Periodic Reports (1989), requiring states to report on ESC rights, including food security, housing, and social security.

Expansion of ESC Rights through Case Law

The African Commission has, over time, expanded the scope of ESC rights through its jurisprudence. For instance:

  • In SERAC & Another v. Nigeria (Ogoniland Case, 2001 AHRLR 60), the Commission held that the right to food is implied under the rights to life (Article 4), health (Article 16), and development (Article 22).

  • In Sudan Human Rights Organisation & Another v. Sudan (Darfur Case, 2009 AHRLR 153), the Commission found that forced evictions and home demolitions violated the rights to property, family life, health, and development.

  • In Mbiankeu Geneviève v. Cameroon, a similar decision was made regarding the right to housing.

Expansion through Treaties

The African Commission has also contributed to ESC rights expansion by drafting key treaties, including:

  • The Maputo Protocol on Women’s Rights, recognizing women’s rights to food, water, and housing.

  • The Protocol on the Rights of Older Persons, guaranteeing social security rights.

  • The Protocol on the Rights of Persons with Disabilities, affirming the right to an adequate standard of living, including access to food, safe drinking water, housing, clothing, and sanitation.

Conclusion

While the African Charter on Human and Peoples’ Rights initially provided limited guarantees for ESC rights, subsequent developments—including judicial interpretations and new treaties—have significantly expanded these rights. Today, the African human rights system largely aligns with the broader ICESCR framework, ensuring that individuals and communities can fully enjoy economic, social, and cultural development.