AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on Human &
Peoples’ Rights
Commission Africaine des Droits de
l’Homme & des Peuples
No. 31 Bijilo Annex Lay-out, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia Tel: (220) 441 05 05 /441 05 06,
Fax: (220) 441 05 04 E-mail: au-banjul@africa-union.org; Web www.achpr.org
Final Communiqué of the 65th Ordinary Session of the African
Commission on Human and Peoples’ Rights
Banjul, The Gambia, 21 October to 10 November 2019
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1. The African Commission on Human and Peoples’ Rights (the Commission) held its
65th Ordinary Session from 21 October to 10 November 2019 in Banjul, Republic of
The Gambia.
2. The Opening Ceremony was graced by the presence of the Vice President of the
Republic of The Gambia, H.E. Dr. Isatou Touray, who declared the Session open. The
Vice President was accompanied by a Delegation, which included Honourable
Abubacarr Tambadou, the Attorney-General and Minister of Justice of the Republic
of The Gambia.
3. The Commission elected its new Bureau which shall serve for two years. The Bureau
is composed of Honourable Commissioner Solomon Ayele Dersso as Chairperson
and Honourable Commissioner Rémy Ngoy Lumbu as Vice Chairperson.
4. The following Members of the Commission participated in the Session:
i. Honourable Commissioner Solomon Ayele Dersso, Chairperson;
ii. Honourable Commissioner Rémy Ngoy Lumbu, Vice Chairperson;
iii. Honourable Commissioner Yeung Kam John Yeung Sik Yuen;
iv. Honourable Commissioner Soyata Maïga;
v. Honourable Commissioner Kayitesi Zainabo Sylvie;
vi. Honourable Commissioner Lucy Asuagbor;
vii. Honourable Commissioner Maya Sahli-Fadel;
viii. Honourable Commissioner Lawrence Murugu Mute;
ix. Honourable Commissioner Jamesina Essie L. King;
x. Honourable Commissioner Hatem Essaiem; and
xi. Honourable Commissioner Maria Teresa Manuela.
5. Speaking on behalf of the NGO Forum Steering Committee, Mrs. Hannah Foster
reported that eight country resolutions, four thematic resolutions and three thematic
recommendations were adopted during the Forum. She also highlighted the
following issues of concern regarding the human rights situation on the continent:
violations of freedom of assembly and association; restrictions of freedom of
expression and the internet, in addition to criminalization of bloggers; corruption; the
systematic harassment and targeting of human rights defenders and closing of civic
space; torture and the lack of access to justice for victims of torture; and overcrowding
in prisons.
6. Hon. Nwamba Nwarus, President of the National Human Rights Commission of the
Democratic Republic of Congo, delivering a statement on behalf of the Network of
African National Human Rights Institutions, lauded the entry into force of the African
Continental Free Trade Area, the initiative of the Republic of Rwanda of hosting
migrants from Libya, and the operationalization of the National Human Rights
Commission of The Gambia. He called for effective protection of human rights
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defenders, as stipulated in the Marrakesh Declaration which was adopted during the
13th International Conference of the Global Alliance of NHRIs.
7. Mr. Pacharo Kayira, the Chief State Advocate in the Ministry of Justice and
Constitutional Affairs of the Republic of Malawi, representing African Union (AU)
Member States, observed that great strides had been made since the birth of an
independent Africa sixty or so years ago. He noted that the vision of Africa’s founding
fathers was not only for political independence but also for an Africa free from
poverty, disease and neo-colonialism, noting that the dream of realizing this vision
was captured in Agenda 2063. Mr. Kayira concluded that the time has found Africans,
to decide on the kind of Africa they wanted to leave their children and grandchildren.
8. Mr. Eamon Gilmore, the European Union (EU) Special Representative for Human
Rights, noted that like the AU, the EU was founded to foster peace and prosperity.
Mr. Gilmore noted that during the 15th AU-EU Dialogue, which was held on 19
October 2019, discussions were held on the fundamental importance of a safe and
enabling environment for civil society.
9. Mr. Mahamane Cissé Gouro, speaking on behalf of the United Nations High
Commissioner for Human Rights (OHCHR), noted that the Commission and OHCHR
had signed a Memorandum of Understanding in September 2019, which formalized
their longstanding partnership for the promotion and protection of human and
peoples’ rights in Africa. He commended the declaration of 2019 as the Year of
Refugees, Returnees and IDPs, noting that the OHCHR would work with the
Commission and the AU to find lasting solutions to forced displacement.
10. Mr. Sekone Phillipe, speaking on behalf of the Chairperson of the African Committee
of Experts on the Rights and Welfare of the Child (the Committee), reported that in
spite of the entry into force of the African Charter on the Rights and Welfare of the
Child in 1999, a number of AU Member States had not ratified it, several States had
not yet submitted a report to the Committee on the measures taken to implement it,
and in spite of 18 years of operation, only 11 Communications had been received, with
44 organizations having observer status. He concluded that next year will mark the
30th anniversary of the Children’s Charter, and called on all stakeholders to join the
Committee and the children of Africa in all celebrations of this anniversary.
11. Honourable Justice Sylvain Oré, the President of the African Court on Human and
Peoples’ Rights (the Court), observed that there can be no sustainable peace without
efficient justice, and without sustainable peace, development would be compromised.
He reported that to strengthen the complementarity relationship with the
Commission, both organs had established a reflection committee on the review of the
respective Rules of Procedures.
12. In her opening statement, the Chairperson of the Commission, Honourable
Commissioner Soyata Maiga, noted that the Commission’s Sessions are an
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opportunity to assess the human rights situation on the continent. On areas of
concern, she noted: the pervasive instances of terrorism occurring in the Sahel
countries, with the attendant loss of lives of civilians and soldiers, cases of
kidnapping, and destruction of property; the deplorable acts of xenophobia
perpetrated against foreigners residing in South Africa; disturbing violations against
children; violations committed by multinational corporations; repression of
demonstrations; harmful practices and discrimination against women; and the impact
of extractive industries on indigenous communities. She welcomed the progress made
on the continent, including the commitment of authorities to organize a national
dialogue to address the situation in the English-speaking regions of Cameroon, in
addition to the establishment of a transitional government in The Sudan. She
commended H.E. Dr. Abiy Ahmed on his award of the 2019 Nobel Peace Prize in
recognition of his reforms efforts.
13. In closing, she observed that this was her last opportunity to address the Session as
the Chairperson. She highlighted the achievements of the Commission during her
tenure as the Chairperson, including adoption of 12 documents interpreting various
rights in the African Charter. She thanked all stakeholders who had contributed to
fulfilment of her mandate, in addition to the outgoing Vice Chairperson, Members of
the Commission and Secretariat who worked tirelessly alongside her to fulfil the
Commission’s mandate.
14. Delivering the statement of H.E. Mrs Minata Samate Cessouma, Commissioner for
Political Affairs of the AU Commission, Ambassador Sallah Hamad recalled that the
African continent has witnessed decades of numerous human rights challenges, and
noted that against this background the AU Member States of the then OAU resolved
to promote and safeguard freedom, justice, equality and human dignity in Africa by
putting instruments in place to enforce these values. He called on the Commission to
support the declaration of 2020 as the “Year of Silencing the Guns in Africa.”
15. H.E. Dr. Isatou Touray, the Vice-President of the Republic of The Gambia, welcomed
participants to the 65th Ordinary Session and conveyed warm greetings from H.E. Mr.
Adama Barrow, President of the Republic of The Gambia. She observed that the
scourge of refugees and IDPs continued to be a great concern to all Africans.
Unresolved conflicts posed serious challenges for the continent, observing the
importance of addressing the deep rooted causes of conflict in order to find durable
solutions.
16. The Vice President highlighted developments in The Gambia, such as: including
human rights as a priority area of the National Development Plan of 2018 to 2021; the
Constitutional Review Commission which was on track to deliver a first draft of a
new Constitution before the end of 2019; the recent diaspora tour conducted by the
Truth, Reconciliation and Reparations Commission to engage with victims of human
rights violations living outside The Gambia; the contribution of fifty million dalasi to
the Victims Fund by the Government; the establishment of the National Human
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Rights Commission in line with the Paris Principles; and the efforts to mainstream
gender in the country’s security services. She also noted the proliferation of private
radio stations and newspapers, the process of drafting a freedom of information bill,
and recent efforts to review existing draconian media laws.
17. Honourable Commissioner Solomon Ayele Dersso and Honourable Commissioner
Rémy Lumbu presided over the deliberations during the 65th Ordinary Session, in
their capacity as Chairperson and Vice Chairperson of the Commission.
18. The Commission celebrated the African Human Rights Day on 21 October 2019 on the
African Union theme: “Refugees, Returnees and Internally Displaced Persons:
Towards Sustainable Solutions to Forced Displacement in Africa.” On that occasion
the Commission paid tribute to the former President of The Gambia, Sir Dawda
Kairaba Jawara who passed away on Tuesday 27 August 2019, lauding his immense
contribution to the development and adoption of the African Charter on Human and
Peoples’ Rights (the African Charter).
19. The following two panels were held as part of the celebrations:
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Panel on Refugees, Returnees and Migration in Africa: Challenges and
Solutions; and
Panel on Promotion and Protection of the Rights of Internally Displaced
Persons, 10 Years after the Adoption of the Kampala Convention.
20. The Commission launched the following documents:
i. General Comment No.5 on the African Charter on Human and Peoples’ Rights:
The Right to Freedom of Movement and Residence [Article 12(1)];
ii. The Study on Conflict - Addressing Human Rights Issues in Conflict Situations:
Towards a more systematic and effective role for the African Commission on
Human and Peoples’ Rights;
iii. The Pilot Study on Migration and Respect for Human Rights;1
iv. The Working Group on Extractive Industries Newsletter; and
v. The Police and Human Rights Newsletter.
21. The following panel discussions were organised during the Session:
i. Panel on reviewing the Beijing Declaration and Platform for Action of 1995;
ii. Panel on the enforced disappearances;
iii. The importance of civic space/participation in the 2030 and 2063 agendas;
iv. Panel on the protection of human rights defenders with a focus on protection laws;
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The People’s Democratic Republic of Algeria disassociated itself from the launch of the Pilot Study on Migration
and Respect for Human Rights (the Study) in light of the allegations which the State contended are based on false
allegations, in addition to the fact that the State indicated that it had responded to the Declaration of the United
Nations Special Rapporteur on the Human Rights of Migrants which is indicated on Page 29 of the Study
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v. Public consultation panel on the background study on extractive industries,
environment and human rights;
vi. Panel on the ratification of the Protocol on the Rights of Older Persons in Africa
and the Protocol on the Rights of Persons with Disabilities in Africa;
vii. Panel on extra-judicial killings in Africa; and
viii. Panel on the implementation of Resolution 275 on Protection against Violence and
other Human Rights Violations against Persons on the basis of their real or
imputed Sexual Orientation or Gender Identity.
22. A total of five hundred and ninety-seven (597) delegates participated in the Session:
one hundred and nineteen (119) representing thirty-one (31) Member States,
eighteen (18) representing AU Organs, forty-four (44) representing National Human
Rights Institutions (NHRIs), nine (9) representing International and InterGovernmental Organizations, three hundred and seventy-eight (378) representing
African and International Non-Governmental Organizations (NGOs), ten (10)
representing other observers and nineteen (19) representatives from the media.
23. Representatives of the following twenty-one (21) State Parties made statements on the
human rights situation in their countries: Algeria; Angola; Burkina Faso; Cameroon;
Cote d’Ivoire; Democratic Republic of Congo; Egypt; Eritrea; Gabon; Guinea Bissau;
Kenya; Lesotho; Malawi; Mali; Mauritania; Nigeria; Rwanda; Sahrawi Arab
Democratic Republic; South Africa; Eswatini; and Tanzania.
24. Representatives of the following ten (10) NHRIs also made statements on the human
rights situation in their respective countries: the National Human Rights Commission
of Algeria; the National Commission on Human Rights of Cameroon; the National
Commission for Human Rights of Mauritania; the National Commission for Human
Rights of Niger; the Sahrawi National Commission for Human Rights; the National
Human Rights Commission of South Sudan; the Nigeria National Human Rights
Commission; the National Commission for Human Rights of The Sudan; Zimbabwe
Human Rights Commission; and Commission for Gender Equality of South Africa.
25. A total of forty-eight (48) NGOs with Observer Status with the Commission also made
statements on the human rights situation in Africa.
26. The Commission reported on the status of its relationship and cooperation with
NHRIs and NGOs, and gave an update on the status of submission of activity reports
by NHRIs and NGOs.
27. The Commission granted Observer Status to four (4) NGOs, in accordance with the
Resolution on the Criteria for Granting and Maintaining Observer Status to NonGovernmental Organizations working on Human and Peoples’ Rights in Africa,
namely:
i. Steward-Women;
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ii. TRIAL International;
iii. Paralegal Advisory Service Institute; and
iv. Zimbabwe Environmental Law Association.
28. This brings the total number of NGOs with Observer Status with the Commission to
five hundred and twenty-three (523).
29. The Commission gave an update on the status of submission of periodic reports by
State Parties.
30. In accordance with Article 62 of the African Charter and Article 26 of the Protocol to
the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa
(the Maputo Protocol), the Commission considered the Periodic Reports of the
following two (2) State Parties:
i. Combined Periodic Report of the Republic of Chad - 1998 to 2015;
ii. 11th, 12th, 13th, 14th and 15th Combined Report under the African Charter on Human
and Peoples’ Rights and 1st , 2nd , 3rd and 4th Combined Report under the Protocol
to the African Charter on Human and Peoples’ Rights on the Rights of Women in
Africa.
31. In accordance with Paragraph 25 of the APRM Base Document which provides that
APRM Reports “should be formally and publicly tabled in key regional and subregional structures,” the Commission received the following Report: “Africa
Governance Report: Promoting African Union Shared Values.”
32. The following members of the Commission presented their intersession reports
highlighting the activities undertaken in their capacities as Commissioners and
mandate holders of Special Mechanisms:
i. The outgoing Chairperson reporting on her activities as the Chairperson of the
Commission;
ii. The Chairperson of the Working Group on Indigenous Populations/Communities
in Africa;
iii. The Special Rapporteur on Freedom of Expression and Access to Information in
Africa;
iv. The Special Rapporteur on the Rights of Women in Africa;
v. The Special Rapporteur on the Situation of Human Rights Defenders in Africa and
Focal Point on Reprisals;
vi. The Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa;
vii. The Special Rapporteur on Refugees, Asylum Seekers, Internally-Displaced
Persons and Migrants in Africa;
viii. The Chairperson of the Working Group on Extractive Industries, Environment and
Human Rights Violations in Africa;
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ix.
The Chairperson of the Working Group on Death Penalty, Extrajudicial and
Arbitrary Killings in Africa;
x. The Chairperson of the Committee for the Prevention of Torture in Africa;
xi. The Chairperson of the Committee for the Protection of the Rights of Persons
Living with HIV and Those at Risk, Vulnerable to and Affected by HIV;
xii. The Chairperson of the Working Group on Economic, Social and Cultural Rights
in Africa;
xiii. The Chairperson of the Working Group on the Rights of Older Persons and People
with Disabilities; and
xiv. The Chairperson of the Working Group on Communications.
33. The Commission considered and adopted the following documents with
amendments:
i. Concluding Observations on the Periodic Report of the Federal Republic of
Nigeria;
ii. Concluding Observations on the Periodic Report of the Democratic Republic of the
Congo;
iii. Plan of Action to Improve the Working Modalities of the ACHPR;
iv. Policy on Internship, Volunteership, Research Fellowship and Secondments;
v. Media Relations and External Communication Policy of the ACHPR;
vi. Implementation Plan for the Media Relations and External Communication
Strategy;
vii. Standard Operating Procedures for the use of online mass communication
platforms by the ACHPR, its followers and other users;
viii. Decision on Contestation by the Arab Republic of Egypt - Request for Recusal;
ix. Decision on the Application for Review of the Referral of Communications against
the Arab Republic of Egypt;
x. General Comment on Article 7(d) of the Protocol to the African Charter on Human
and Peoples’ Rights on the Rights of Women in Africa;
xi. Declaration of Principles on Freedom of Expression and Access to Information in
Africa;
34. The Commission considered and made observations on the following documents:
i. Report on Follow-up Actions;
ii. Background paper on PANAF and Regional Seminar;
iii. Communications Audit Report;
iv. Draft Concept Note for the Joint Retreat of the Permanent Representative
Committee of the African Union and the African Commission on Human and
Peoples’ Rights;
v. Draft Annual Work Plan 2020;
vi. Standard Operating Procedure on the Establishment and Operation of Special
Mechanisms of the ACHPR;
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35. The Commission discussed a number of issues which were raised by States Parties
during the Public Session:
i. Granting of Observer Status to an NGO not registered/based in Africa;
ii. MOU signed between the ACHPR and OHCHR;
iii. Note Verbale to the Chairperson of the Commission from Cameroon;
36. The Commission considered nineteen (19) Communications as follows:
i. Two (2) Communications on the Merits;
ii. Five (5) Communications on Admissibility, of which four (4) were declared
inadmissible and one (1) deferred;
iii. Nine (9) Communications on Seizure, with Provisional Measures granted in two
(2) Communications;
iv. One (1) Communication was struck-out;
v. The Commission granted the request for the withdrawal of one (1)
Communication; and
vi. The Commission received an update on an Oral Hearing which was held during
the 26th Extra-Ordinary Session.
37. The Commission adopted the following nine (9) Resolutions:
i. Resolution on the Renewal of the ACHPR’s Special Mechanisms’ mandates;
ii. Resolution on the Appointment of Experts Members of the Committee for the
Prevention of Torture in Africa;
iii. Resolution on Engagement of Former Commissioners in the Work of the African
Commission on Human and Peoples’ Rights;
iv. Resolution on the Human Rights Situation in the Republic of South Sudan;
v. Resolution on the Human Rights Situation in the Federal Democratic Republic of
Ethiopia;
vi. Resolution on the Recognition, Promotion and Protection of Indigenous
Languages;
vii. Resolution on Elections in Africa;
viii. Resolution on the drafting of an African Declaration on the Promotion and
Protection of the role of Human Rights Defenders in Africa; and
ix. Resolution on the Right to Food and Nutrition in Africa.
38. The Commission held consultations with a delegation from the AU Advisory Board
on Corruption, which comprised of Members of the Board and representatives from
the Secretariat, who were undertake a benchmarking visit to the Commission in order
to learn from the Commission’s best practices on treaty monitoring and enforcement.
39. The Commission considered its 47th Activity Report, which will be submitted to the
36th Ordinary Session of the AU Executive Council and the 34th Ordinary Session of
the AU Assembly of Heads of State and Government.
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40. The Commission decided to hold its 27 th Extraordinary Session from 19 February to
04 March 2020 in Banjul, The Gambia.
41. The Commission decided to hold its 66 th Ordinary Session from 22 April to 12 May
2020 in Banjul, The Gambia.
42. The Commission expresses its sincere gratitude to the Government and People of The
Gambia for the warm welcome and hospitality extended to the participants and for
creating a congenial atmosphere for the smooth conduct of its Session.
43. The closing ceremony of the 65th Ordinary Session took place on 10 November 2019,
in Banjul, The Gambia.
Done in Banjul, Republic of The Gambia, on 10 November 2019
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