²AFRICAN 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,
Gambie ; Tél. : (220) 441 05 05 / 441 05 06 ; Fax : (220) 441 05 04 E-mail : au-banjul@africaunion.org ; Web www.achpr.org
Final Communiqué of the 67th Ordinary Session of the
African Commission on Human and Peoples' Rights
Virtual Session
13 November – 3 December 2020
1.
The African Commission on Human and Peoples' Rights (the Commission) held
its 67th Ordinary Session (the Session) virtually from 13 November to 3
December, 2020, due to the persistence of the COVID-19 pandemic.
2.
H.E. Sarah Anyang Agbor, Commissioner for Human Resources, Science and
Technology of the African Union Commission (AUC), representing H.E. Moussa
Faki Mahamat, Chairperson of the AUC, honoured the Opening Ceremony with
her presence and declared the Session open.
3.
The Session was chaired by the Honourable Commissioner Solomon Ayele
Dersso, Chairperson of the Commission, assisted by the Honourable
Commissioner Rémy Ngoy Lumbu, Vice-Chairperson of the Commission.
4.
The Session was attended by the following Members of the Commission:
i.
ii.
iii.
Honourable Commissioner Solomon Ayele Dersso, Chairperson;
Honourable Commissioner Rémy Ngoy Lumbu, Vice-Chairperson;
Honourable Commissioner Rémy Ngoy Lumbu, Vice-Chairperson; and
iv.
v.
vi.
vii.
viii.
ix.
x.
Honourable Commissioner Maya Sahli-Fadel;
Honourable Commissioner Jamesina Essie L. King;
Honourable Commissioner Hatem Essaiem;
Honourable Commissioner Maria Teresa Manuela;
Honourable Commissioner Alexia Amesbury;
Honourable Commissioner Mudford Zachariah Mwandenga;
Honourable Commissioner Marie Louise Abomo; and
Honourable Commissioner NDiamé Gaye.
5. The Honourable Commissioner Kayitesi Zainabo Sylvie did not take part in
the entire Session and expressed her apologies.
6. Mrs. Hannah Foster, Director of the African Centre for Democracy and
Human Rights Studies, speaking on behalf of the Steering Committee of the
Non-Governmental Organizations (NGO) Forum, indicated that the Forum
held from 9-11 November, 2020 had over 400 participants and focused on
three sub-themes in addition to the human rights dimension of COVID-19.
She underscored that despite the current struggle to resolve the Covid-19
issue, Africa still faces many human rights violations and cited a variety of
recently reported human rights violations in some States Parties. She also
deplored the fact that the AU's call to silence guns by 2020 and the UN's call
for a ceasefire have yet to be heard in Africa. She stressed the active role
played by civil society organizations and the media as viable and vital
partners in a democratic society. In addressing the issue of Covid-19, she
urged States to involve non-state actors, particularly civil society, in all actions
at the community, national and regional levels. She recalled the need to create
alliances and inclusive platforms between the State, civil society and the
private sector to strengthen solidarity and support mechanisms if progress is
to be made. Mrs. Forster further noted that adopting an inclusive approach to
engagement is crucial for success and will undoubtedly lead to enhanced
promotion and protection of human rights in Africa. She reiterated the
commitment of civil society to support the work of the Commission and
invited those organizations that have not yet done so, to apply for observer
status in order to fully play their role and benefit from access to the
Commission that this status provides. Finally, she urged all stakeholders to
renew their commitment and redouble their efforts to sustain and strengthen
the Commission and to safeguard its independence.
7. Speaking on behalf of the Network of African National Human Rights
Institutions (RINADH), Dr. Elasto Hilarious Mugwadi, Vice-President of
RINADH and Chairperson of the Zimbabwe National Human Rights
Commission, highlighted the official launch of the Forum of National Human
Rights Institutions (NHRI Forum), which will be held ahead of the
Commission's ordinary sessions, to exchange on the human rights situation in
Africa, with a view to defining a consolidated position on the way forward for
the promotion and protection of human rights. He also took stock of the issues
discussed during the NHRI Forum held virtually from 10 to 12 November
2020. Dr. Elasto Hilarious Mugwadi expressed RINADH's concern about the
numerous allegations of human rights violations in African countries where
elections were recently held and recalled that the power of a nation is not
measured by its aggression against its people, but by the use of its resources to
ensure the security and future of its taxpayers, and guarantee the rule of law
for good governance through independent institutions. He further expressed
RINADH's concern about the ongoing armed conflict in the Sahel region,
Cameroon, Central African Republic, Mozambique, parts of the Democratic
Republic of Congo and Ethiopia, among others. He concluded his address by
calling on States Parties to involve all national and international actors in the
planning and implementation of socio-economic recovery plans following the
Covid-19 crisis, and to give priority to inclusive financial and technical
contributions for the sustainable development of Africa.
8. Michelle Bachelet, the United Nations High Commissioner for Human Rights
(OHCHR), acknowledged the fact that Africa has fared better than other
regions in terms of direct health damage caused by COVID-19. She noted,
however, that other aspects of the pandemic are hitting the continent very
hard and could exacerbate tensions and conflicts and their impact on the
development of countries. She stressed that steps have been taken by OHCHR
to assist governments and other actors in mitigating the effects of COVID-19
as well as strengthening partnerships with national human rights mechanisms
and civil society groups at the national and local levels. While acknowledging
that many governments have made significant strides to ensure respect for the
rights of individuals, she deplored certain dangerous and negative practices
that lead to human rights violations in the application of emergency measures
in some countries. To this end, she called for action to address these negative
trends that undermine people's rights and impede any eventual recovery from
the crisis, and to ensure that responses to COVID-19 and stimulus measures
contribute to long-term recovery, as well as reducing inequality and
discrimination. She also expressed concern about the climate of violence, intercommunity tensions and restrictions on fundamental rights that have
characterized most of the recent elections on the African continent. She called
for the reinforcement of joint efforts to promote the widest possible respect for
civic and democratic space.
9. The Honourable Lady Justice Maria Mapani-Kawimbe, Deputy Rapporteur
of the African Committee of Experts on the Rights of the Child, indicated that
issues relating to children's rights can be resolved at the continental level
through enhanced collaboration between the Committee and the Commission.
She informed the audience that 2020 marks the 30th anniversary of the African
Charter on the Rights and Welfare of the Child and that during its
commemoration, the Committee would endeavour to assess the status of
implementation of the Charter through various activities and studies with a
view to highlighting priorities for the years ahead. Honourable MapaniKawimbe noted the various advances made in the protection of children's
rights on the continent as well as the areas that require more efforts and
collaboration with the various stakeholders. She stressed that the Covid-19
pandemic has exacerbated child abuse and neglect and its impact and the
various measures taken to prevent the spread of the virus have been and are
even more detrimental to children than any other category of the population.
She indicated that the Committee has developed guidance notes for States on
measures to mitigate the negative impact of the pandemic on children and to
ensure that all measures taken by States are child-friendly. She finally recalled
that the fate of African children can be changed by addressing the crosscutting issues facing them through commitment and closer collaboration with
all stakeholders.
10. In his intervention, Honourable Justice Sylvain Oré, President of the African
Court on Human and Peoples' Rights (the African Court) noted that due to the
persistence of the Covid-19 pandemic, the humanitarian deficit is highly
palpable and human rights are under severe strain. In the face of these many
challenges, the role of organs or institutions for the promotion and protection
of human and peoples' rights is more than crucial. In this regard, he stressed
that cooperation and close collaboration between States, African Union organs
with a human rights mandate, non-governmental organizations and national
human rights institutions is an imperative that no one can claim to be exempt
from because the effectiveness of strategies and means to be implemented are
also at this price. He recalled that individually, or collectively, the Court and
the Commission are required to work together for the same cause, that of the
respect and promotion of human and peoples' rights. To this end, he invited
the two bodies to do their utmost to consolidate their complementary
relationships and make them more effective. The President of the Court
pointed out that the mission of human rights organs cannot be limited to
finding violations of human rights, rule on the law, make recommendations or
order reparations, for the cases before these organs will only be of interest to
the African peoples if their judgments, orders and recommendations are fully
implemented. He thus called for the cooperation of all stakeholders, first and
foremost the States Parties, to significantly advance human and peoples' rights
in Africa.
11. In his statement on behalf of the Member States of the African Union (AU), the
Honourable Dawda Jallow, Attorney-General and Minister of Justice of the
Republic of The Gambia, began by stressing the importance of the sessions of
the Commission. He then referred to the Covid-19 situation in his country and
highlighted the measures taken to prevent, contain and manage the spread of
the virus in the country, as well as the positive developments in the promotion
and protection of human rights therein. The Hon. Dawda Jallow noted that
our continent continues to make steady progress and development in the
promotion and protection of human rights and yet has addressed persistent
challenges that States Parties continue to face. He therefore urged States to
remain vigilant and open to new and innovative ways and ideas to address
these difficult challenges. He further recalled that only by working together as
States with the ultimate goal of lifting our peoples out of poverty and by
recognizing their inalienable rights to freedom, justice and the pursuit of wellbeing can we achieve our goals. Referring to the commitment made under the
theme "Silencing guns by 2020" which includes the eradication of all wars,
civil conflicts, violent conflicts, sexual and gender-based violence and the
prevention of genocide, he called on States to be aware of their responsibilities
to rid the continent of unnecessary wars and conflicts. The Hon. Dawda
Jallow concluded his address urging States Parties to take their periodic
reporting obligations very seriously, follow up on the decisions and
recommendations of the Commission, strengthen the Commission and
provide it with all the support it needs to discharge its mandate for the benefit
of the African people.
12. In his opening statement, the Chairperson of the Commission, Honourable
Commissioner Solomon Ayele Dersso, welcomed all participants to the 67th
Ordinary Session held virtually due to the persistence of Covid-19. He
underscored the need for continuity in the work of the Commission, especially
in this period of crisis where the demand for the promotion and protection of
human and peoples' rights is more pressing than usual, while deploring the
inconveniences of a virtual session, following the problems of access to this
platform by many fellow Africans, as well as the technical disruptions that
affect it. The Chairman indicated that the context of the Covid-19 pandemic
demonstrated that access to the Internet is essential for the enjoyment of
various rights, including access to information, the right to education, freedom
of expression, the right to work, participation in public life. He pointed out
that its lack or deprivation leads to the complete exclusion of the enjoyment of
these and other fundamental rights, thus leading to the aggravation of
inequalities. To this end, he invited the Human Rights Community to
advocate for the right of access to the Internet.
13. The Honourable Dersso stated that the outbreak of COVID-19 has reminded
us that the health of each person is intrinsically linked to the health of others,
so the protection of the right to health and the provision of care are issues for
every member of society. He further reiterated the implementation of the
recommendations made by the Commission in its Resolution 449 on human
and peoples' rights as essential pillars of an effective response to COVID-19
and the healing and socio-political impacts of the pandemic, adopted at its 66 th
Ordinary Session.
14. The Chairperson expressed the Commission's concern about the human rights
situation on the continent, including human rights violations committed by
the SARS Unit of the Nigerian Police, the deteriorating human rights situation
and the post-election violence in Côte d'Ivoire and Guinea, allegations of
intimidation and attacks in Tanzania, the ongoing situation of insecurity and
community violence in various parts of the continent, and the socio-political
crisis and multiple human rights violations in the Tigray region of Ethiopia.
He also shared some positive developments on the continent.
15. Addressing the theme of the AU year, Hon. Dersso recalled the objectives of
the AU campaign "Silencing the guns in Africa by 2020" and linked it to the
human rights agenda. He commended the work of national human rights
institutions which continue to demonstrate the critical role they play. He also
praised the role of NGOs, social justice movements, human rights defenders
and journalists for their services, sometimes at the risk of their lives or
freedom.
16. Delivering the opening speech of the Session on behalf of H.E. Moussa Faki
Mahamat, Chairperson of the AUC, H.E. Sarah Anyang Agbor,
Commissioner for Human Resources, Science and Technology of the AUC,
reflected on the commemoration of African Human Rights Day which was
celebrated on 21 October under the theme: "Silencing the Guns and
Deepening the Culture of Human and Peoples' Rights: the Opportunities
and Challenges of COVID-19 in Africa". She recalled that the promotion and
protection of human and peoples' rights is a collective responsibility, hence
the importance of recognizing the challenges faced by all African States during
this period of the COVID-19 pandemic and the collective determination to
reflect on how best to advance human rights on our continent. Mrs. Agbor
recalled that the vision of a peaceful, united and prosperous Africa, set out in
Agenda 2063, can only be achieved through sound planning and resultsoriented policies and actions, which requires a shared determination. She thus
seized the opportunity to call on all AU member states to cooperate with all
the human rights organs they have established to ensure that human rights
and dignity are fully enhanced throughout the continent. In conclusion, she
requested the Commission to explore the possibility of issuing a set of
guidelines that will assist States Parties in adopting a human rights-based
approach, in response to COVID-19, and declared the Session open.
17. A total of five hundred and fifty-two (552) delegates attended the Session:
eighty-nine (89) representing States Parties from twenty-six (26) countries;
eleven (11) representing AU Organs; fifty-three (53) representing NHRIs;
twenty-three (23) International and Intergovernmental Organizations; three
hundred and twenty-eight (328) African and International NGOs; forty-seven
(47) other observers and one (01) from the media.
18. Representatives of the following seven (7) States Parties made statements on
the human rights situation in their respective countries: Republic of Angola,
Sahrawi Arab Democratic Republic (SADR), Republic of Cameroon, Republic
of Côte d'Ivoire, Arab Republic of Egypt, Republic of Eritrea, Republic of
Malawi.
19. Representatives of the following fourteen (14) NHRIs made statements on the
human rights situation in their countries: Burundi, Democratic Republic of
Congo, Ethiopia, Kenya, Malawi, Mali, Mauritania, Nigeria, SADR, Rwanda,
Senegal, South Africa, Tanzania and Zambia.
20. One (1) international organization made a statement on the situation of
human rights in Africa, namely the International Committee of the Red Cross.
21. Twenty-seven (27) NGOs with Observer status with the Commission made
statements on the human rights situation in Africa.
22. The Right of States to Reply was observed by two (2) States Parties, namely
the Republic of Côte d’Ivoire and the Arab Republic of Egypt.
23. The Commission launched the following documents:
i.
General Comment No. 6 on Article 7(d) of the Maputo Protocol;
ii.
Simplified Version of the Principles on Decriminalisation of Petty
Offences in Africa & Newsletter No. 14 on Police and Human Rights in
Africa;
iii.
Newsletter of the Working Group on Extractive Industries,
Environment and Human Rights Violations in Africa.
24. Several panel discussions on various themes were organized during the
Session with a view to strengthening the promotion and protection of human
rights on the continent. These include:
i.
Panel on the AU theme for 2020: Human and Peoples’ Rights for
Silencing the Guns in Africa;
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
Panel on the Principles on Decriminalisation of Petty Offences in
Africa;
Panel on the Right to health and its financing towards building health
systems for universal access to health care;
Panel on the Addis Ababa Roadmap on ACHPR and UN Human
Rights Mechanisms Relationship;
Panel on the Protection of all Persons from Enforced Disappearances in
Africa;
Panel on Extractive Industries and Illicit Financial Flows in Africa;
Panel on the issue of Forced Displacement and Conflicts in Africa;
Panel on the Situation of Freedom of Association in Africa;
Panel on the Situation of the Rights of Older Persons and Persons with
Disabilities in Africa in the context of the outbreak of the COVID-19
pandemic, and Advocacy for 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;
Panel on Role of National Human Rights Institutions in the Work of the
ACHPR.
25. 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.
26. In accordance with its Resolution on the Granting of Affiliate Status to NHRIs
and specialized human rights institutions in Africa, the Commission granted
Affiliate Status to one (1) NHRI, namely the National Commission on Human
Rights and Citizenship of Cabo Verde. Thus, the total number of NHRIs and
specialized institutions with Affiliate Status with the Commission is thirty
(30).
27. In accordance with its Resolution on the Criteria for Granting and Maintaining
Observer Status to Human Rights NGOs in Africa, the Commission granted
Observer Status to three (3) NGOs, namely:
• African Biodiversity Network (ABN);
• Media Counsel of Tanzania (MCT); and
• Maat for Peace, Development and Human Rights.
28. The Commission deferred consideration of one (1) Application for Observer
Status submitted by the NGO International Press Institute (IPI).
29. This brings the total number of NGOs, which have Observer Status with the
Commission to five hundred and twenty-eight (528).
30. The Commission gave an update on the status of submission of periodic
reports by States Parties.
31. In accordance with Article 62 of the African Charter, the Commission
considered the Republic of Cameroon’s Combined 4th, 5th and 6th Periodic
Report under the African Charter on Human and Peoples’ Rights and Initial
Reports under the Protocol to the African Charter on Human and Peoples’
Rights on the Rights of Women in Africa (the Maputo Protocol) and the
African Union Convention for the Protection and Assistance of Internally
Displaced Persons in Africa (the Kampala Convention).
32. The following members of the Commission presented their intersession
reports highlighting the activities undertaken in their capacity as
Commissioners, Commissioner Rapporteurs and mandate holders of Special
Mechanisms:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
The Chairperson reporting on his activities as Chairperson of the
Commission and of the Bureau;
The Chairperson of the Working Group on Extractive Industries,
Environment and Human Rights Violations in Africa;
The Vice Chairperson of the Commission and Special Rapporteur on
Human Rights Defenders and Focal Point on Reprisals in Africa;
The Special Rapporteur on the Rights of Women in Africa;
The Special Rapporteur on Refugees, Asylum Seekers, InternallyDisplaced Persons and Migrants in Africa;
The Special Rapporteur on Freedom of Expression and Access to
Information in Africa;
The Chairperson of the Committee for the Prevention of Torture in
Africa;
The Special Rapporteur on Prisons, Conditions of Detention and
Policing in Africa;
The Chairperson of the Working Group on Indigenous
Populations/Communities in Africa;
The Chairperson of the Committee on the Protection of the Rights of
People Living with HIV and those at Risk, Vulnerable to and Affected
by HIV;
The Chairperson of the Working Group on Economic, Social and
Cultural Rights in Africa;
. The Chairperson of the Working Group on the Rights of Older
Persons and People with Disabilities in Africa;
The Chairperson of the Working Group on the Death Penalty, Extrajudicial, Summary or Arbitrary Killings and Enforced Disappearances
in Africa;
The Chairperson of the Working Group on Communications.
33. The presentations of these Reports generated reactions, contributions and
questions from State Delegates and Civil Society Organizations.
34. During its private Session, the Commission considered and adopted the
following documents after amendments:
i.
The draft 2021-2025 strategic plan; and
The Report of the promotion mission conducted in South Africa.
ii.
35. The Commission considered the following:
i.
ii.
iii.
iv.
Report on Follow-up Actions;
Report of the Acting Executive Secretary to the Commission;
Report on the Communications Audit; and
Report of the Advisory Committee on Budgetary and Staff Matters.
36. The Commission considered nineteen (19) Communications as follows:
Fourteen (14) Communications on Admissibility, of which five (5) were
declared admissible, seven (7) jointly considered inadmissible and two (2)
deferred due to time constraints;
One (1) Communication which was withdrawn;
One (1) Communication which was struck-out for lack of diligent
prosecution;
One (1) application for review of an inadmissibility decision, which was
denied; and
Two (2) Communications for which guidance was provided.
i.
ii.
iii.
iv.
v.
37. The Commission also identified Communications for which decisions on the
merits are currently being drafted. The Commissioner Rapporteurs exchanged
views with legal officers on approximately ten Communications and guidance
was provided to facilitate the drafting of related decisions.
38. The Commission adopted Resolutions on Special Mechanisms, Country
Resolutions and Thematic Resolutions, which will be finalized and published
on the Commission’s website.
39. The Commission adopted the following … (…) Resolutions (List and titles to
be finalized after adoption):
i.
Resolution on the Human Rights Situation in the Federal Democratic
Republic of Ethiopia;
ii.
Resolution on the Need for Silencing the Guns in Africa in accordance
with Human and Peoples’ Rights in Africa;
iii.
Resolution on the Safety of Journalists and Media Professionals in Africa;
iv.
Resolution on Prisons and Conditions of Detention in Africa;
v.
Resolution on the Prohibition of the Manufacture, Export, Sale and Use
of Implements of Torture;
vi.
Resolution on the Protection of the Rights of Asylum Seekers, Refugees
and Migrants in the context of the COVID-19 response;
vii.
Resolution on the Mandate Renewal of the Support Group of the Special
Rapporteur on Human Rights Defenders and Focal Point on Reprisals in
Africa on the Issue of Freedom of Association and Assembly;
viii.
Resolution on the Mandate and Appointment of a Special Rapporteur on
the Protection of Human Rights in Conflict Situations;
ix.
Resolution on the Prohibition of Excessive Use of Force by the Police in
African States;
x.
Resolution on the Need to Protect Civic Space and Freedom of
Association and Assembly;
xi.
Resolution on the Human Rights Situation in the Federal Republic of
Nigeria; and
xii.
Resolution on the Human Rights Situation in the United Republic of
Tanzania.
40. The Commission considered and adopted its 48thand 49th Activity Reports.
The Combined Report will be submitted to the 38th Ordinary Session of the
AU Executive Council and the 36th Ordinary Session of the AU Assembly of
Heads of State and Government scheduled in 2021.
41. The Commission decided to hold its 30 th Ordinary Session virtually from 11 to
19 December 2020. The Commission also decided to hold its 68th Ordinary
Session from … to …… 2021. Details of the Session will be made available on
the Commission’s website in due course.
42. The Commission expresses its sincere gratitude to States Parties, international
organizations, NHRIs, NGOs and all stakeholders who participated in this
second virtual Ordinary Session of the Commission.
43. The Closing Ceremony of the 67th Ordinary Session took place virtually on 3
December 2020.
Done this 3rd day of December 2020