The justiciability of economic, social, and cultural rights is a central issue in Africa. With significant natural resources, the continent still struggles to meet the basic needs of populations who are often victims of severe violations of their rights. The recent adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights by the United Nations General Assembly on December 10, 2008 represents a decisive step for the justiciability of ESC rights. Historically, a distinction has been made between civil and political rights (CPR) and economic, social, and cultural rights (ESC rights).

This is observable through the adoption of two different instruments in 1966: the International Covenant on Civil and Political Rights (ICCPR) (which guarantees rights such as the right to life, to a fair trial, and to freedom of expression) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) (which guarantees rights such as the right to education, work, and health).

If the justiciability of civil and political rights is established, this is not the case for economic, social, and cultural rights. However, a new dynamic is emerging in English-speaking states and inspiring French-speaking ones. The justiciability of ESC rights poses a problem in the sense that they can impose obligations on states that are very different from those of CPR. It involves the judge allocating significant financial resources. The normative principles of the separation of powers. But this is somewhat ‘hypocritical’ given that the effective implementation of the CCP involves a significant budget allocation from the state. For example, the right to a fair trial incurs many costs, such as but not limited to the training of judges, court fees, and the provision of legal aid services. In other words, human rights entail different types of obligations: to refrain from any interference and to take the necessary measures to exercise those rights.

Nowadays, it is generally accepted that all human rights are indivisible, interdependent, and intrinsically linked (Vienna Declaration and Programme of Action 1993: paragraph 5). This is reflected at the international level by the adoption of treaties that combine civil and political rights (CPR) and economic, social, and cultural rights (ESCR), such as the Convention on the Rights of the Child (CRC). Furthermore, the recent enactment of complaint procedures for the ICESCR and the CRC attests to the importance of remedying violations against all ESC rights.

Moreover, the work of quasi-judicial and judicial bodies provides increasing evidence that there are no legal or conceptual obstacles to the identification and prosecution of violations of ESC rights. In light of all these considerations, civil society actors and financial partners are working towards the effective justiciability of ESC rights. It is with this in mind that this program for Litigation and Justiciability (CJ) has been established to support communities that are victims of violations of ESC rights and negative externalities in defending their economic, social, and cultural rights against the effects of climate change in a context of oil exploitation and partnerships for a just energy transition (JETP).

Strengthening the Capacities of Non-State Actors for a Just Energy Transition in Senegal (RECANE)

Context & Challenges :

• Senegal and the Just Energy Transition: Senegal is actively engaged in a just and sustainable energy transition through the Just Energy Transition Partnership (JETP), a cooperation framework aimed at accelerating the shift from fossil fuels to renewable energies.
• A Key Role for Non-State Actors: For a successful transition, active and structured participation of non-state actors is essential for: mobilizing resources, raising awareness of transition issues and local ownership, advocating for an equitable transition, and contributing to the implementation of public policies.
• The RECANE: Strengthening Capacities for an Inclusive Transition: The RECANE Project aims to equip civil society organizations, unions, and NGOs to enhance their role in the process and ensure a fair energy transition in Senegal.

Methodological Approach :

• Research and Action: Studies on justice and equity in the energy transition – Identification of risks and mitigation strategies.
• Sharing Experiences: International workshops with Vietnam, Indonesia, South Africa – Field visits in South Africa – Organization of webinars.
• Capacity Building & Awareness: Workshops for media & parliamentarians – Community forums – Development of a citizen monitoring strategy.
• Communication & Follow-up: Communication on the project launch – Workshop for capitalization and external evaluation.