AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on Human &
Peoples’ Rights
Commission Africaine des Droits de
l’Homme et des Peuples
31 Bijilo Annex Layout, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia
Tel: (220) 4410505 / 4410506; Fax: (220) 4410504
E-mail: au-banjul@africa-union.org; Web www.achpr.org
FINAL COMMUNIQUÉ OF THE 73RD ORDINARY SESSION OF THE AFRICAN
COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
BANJUL, THE GAMBIA
20 OCTOBER – 9 NOVEMBER 2022
1|Page
1. In accordance with Article 64(2) of the African Charter on Human and Peoples’
Rights (the African Charter), read together with Rule 27 of the Rules of Procedure
(2020) of the African Commission on Human and Peoples’ Rights (the
Commission), the Commission held its 73rd Ordinary Session (Session), from 20
October to 9 November 2022 in Banjul, The Gambia.
2. This Session commemorated the 35th anniversary of the Commission, and marked
the first time the Commission was meeting physically for a Session, since the
outbreak of the COVID-19 pandemic in January 2020.
3. The 35th Anniversary celebrations, commenced on 20 October 2022, with the
handing over of the Title Deed of a piece of land, by the Government of The
Gambia to the Commission, for the construction of the Headquarters of the
Secretariat of the Commission, in Bijilo, The Gambia.
4.
This commemorative event, which also marked the laying of the foundation stone
for the Headquarter building, was presided over by, the Honourable Minister of
Interior of The Gambia, Mr. Seyaka Sonko, representing the Vice President of The
Gambia H.E. Badara Alieu Joof; Honourable Minister of Foreign Affairs, Dr.
Momodou Tangara; H.E. Ms. Jainaba Jagne, Ambassador of The Gambia to the
African Union (AU); the Deputy Chairperson of the African Union Commission
(AUC) Her Excellency Monique Nsazabaganwa; Commissioners; Mr. Hussein
Thomasi, Solicitor General and Legal Secretary Ministry of Justice; Members of
the Commission, and staff of its Secretariat; and other distinguished
representatives from the AU Headquarters and the Government of The Gambia.
5. The Opening Ceremony of the Session was held on 21 October 2022 at the Sir
Dawda Kairaba Jawara International Conference Center, and was presided over
by H.E. Badara Alieu Joof, Vice President of the Republic of The Gambia; H.E.
Ismaïla Madior Fall, Minister of Justice and Keeper of the Seal of the Republic of
Senegal, representing H.E. Macky Sall President of the Republic of Senegal and
Chairperson of the AU, Hon. Justice Hassan B. Jallow, Chief Justice of The Gambia
and one of the Drafters of the African Charter; Her Excellency Monique
Nsazabaganwa, representing His Excellency Mr. Moussa Faki Mahamat,
Chairperson of the AUC; and Honourable Commissioner Rémy Ngoy Lumbu,
Chairperson of the Commission.
6. While the Commission held its Public Session at the Sir Dawda Kairaba Jawara
International Conference Center, the Private Session took place at the Kairaba
Beach Hotel.
7. The substantive programs of the Session were presided over by Honourable
Commissioner Remy Ngoy Lumbu, Chairperson of the Commission, assisted by
Honourable Commissioner Maya Sahli-Fadel, Vice Chairperson of the
Commission.
2|Page
8. The following Members of the Commission participated in the Session:
i
Honourable Commissioner Rémy Ngoy Lumbu, Chairperson;
ii Honourable Commissioner Maya Sahli-Fadel, Vice Chairperson;
iii Honourable Commissioner Solomon Ayele Dersso;
iv Honourable Commissioner Hatem Essaiem;
v Honourable Commissioner Maria Teresa Manuela;
vi Honourable Commissioner Mudford Zachariah Mwandenga;
vii Honourable Commissioner Marie Louise Abomo;
viii Honourable Commissioner Janet Ramatoulie Sallah – Njie; and
ix Honourable Commissioner Idrissa Sow.
9. Honourable Commissioner Ourveena Geereesha Topsy-Sonoo was unavoidably
absent.
10. The newly elected Honourable Commissioner Litha Musyimi Ogana, made the
Solemn Declaration, prior to taking up her duty as Commissioner, per Article 38
of the African Charter.
11. Key Statements were delivered by:
➢ Ms. Hannah Forster, Executive Director of the African Centre for
Democracy and Human Rights Studies, on behalf of the NonGovernmental Organisation (NGO) Forum Steering Committee;
➢ H.E. Dr. Elasto Mugwadi Chairperson of the Network of African
National Human Rights Institutions (NANHRI) and Chairperson of
Zimbabwe National Human Rights Commission, on behalf of
NANHRI;
➢ H.E. Corrado Pampalino, European Union (EU) Ambassador to The
Gambia and European Union (EU) Special Representative for Human
Rights;
➢ Maymuchka Lauriston, Deputy Regional Representative, Office of the
United Nations High Commissioner for Human Rights (OHCHR) to the
AU/East Africa Regional Office;
➢ H.E. Ambassador Hammad Salah, on behalf of the African Court on
Human and Peoples’ Rights (the African Court);
➢ Ms. Ana Celeste C. Janúario, Secretary of State for Human and Citizens
rights of Angola, on behalf of State Parties to the African Charter;
➢ Honourable Commissioner Remy Ngoy Lumbu; Chairperson of the
Commission;
➢ H.E. Monique Nsazabaganwa, the AUC Deputy Chairperson, on
behalf of H. E Mr. Moussa Faki Mahamat, the Chairperson of the AUC;
➢ Ms. Doreen Apollos, Communication Advisor at the AUC, on behalf of
Ms Leslie Richer, AUC Director of Information and Communication;
3|Page
➢ Hon. Justice Hassan B. Jallow, Chief Justice of The Gambia;
➢ H.E. Ismaïla Madior Fall, Minister of Justice and Keeper of the Seal of
the Republic of Senegal, on behalf of H.E Macky Sall, President of the
Republic of Senegal and Chairperson of the AU; and
➢ H.E. Badara Alieu Joof, Vice President of the Republic of The Gambia
on behalf of H.E. President Adama Barrow, of the Republic of The
Gambia.
12. Ms. Hannah Foster, speaking on behalf of the NGO Forum Steering Committee,
highlighted that 35 years is indeed a milestone and offers an opportunity to
contemplate successes and failures. She extended appreciation to the Gambian
Government for its support, and congratulated the Commission for its progress
over the years. She also noted that this year marked several trends of progress,
including, 20 years of the AU; 20 years of the World Day Against the Death
Penalty; 10 years of the Addis Ababa Road Map; 10 years of the African Charter
on Democracy Elections and Governance; and 10 years of the Kampala
Convention.
13. Ms. Hannah Foster noted that it is time for the Commission to pause, and
strategize for the future, having been armed with the wisdom and experience of
the past. On a positive note, she indicated that the NGO Forum noted an
improvement in the respect for human rights, good governance, and the rule of
law, and noted the Commission’s instrumentality in establishing jurisprudence
and setting standards and guidelines for human rights protection on the
continent. The Forum also celebrated the fact that the Commission had examined
State Reports for over 40 State Parties, granted Affiliate Status to 30 National
Human Rights Institution (NHRIs) and Observer Status to over 500 NGOs, among
other developments. Ms. Hannah Forster called for a moment of silence in
recognition of all the victims of human rights violations and conflict, especially
the 70 victims of the 21 October 2022 protests in Chad. The Forum also appealed
to States and the international community to continue to support the Commission
towards strengthening effective implementation of its mandate.
14. In his speech, Dr. Elasto Mugwadi, Chairperson of NANHRI celebrated the
Commission’s 35-year dedication to human rights, and for standing as a voice for
the downtrodden and marginalised on the continent. He expressed concerns
towards the multiple human rights violations which persist on the continent,
particularly the growing issues of unconstitutional changes of Government,
coups, and armed conflicts, which have defied the AU’s call to silencing the guns,
as one of the precursors to socio-economic development. He also raised concerns
about, the rising refugee challenges, migration issues, epidemics and other
diseases, environmental degradation, weak economic structures, and food crises,
which continually leave millions in disadvantaged positions in society.
4|Page
15. The EU Special Representative for Human Rights, H.E. Corrado Pampalino, in his
speech commended the relentlessness of the Commission, and its dedication,
through the challenges of the COVID-19 Pandemic. He especially appreciated the
Commission’s Special Mechanisms in their work on issues of women’s rights,
enforced disappearances, conditions of prisons and efforts towards holding States
accountable. H.E. Pampalino further celebrated the flourishing AU-EU
cooperation and looked forward to continuous cooperation, as well as the
Commission’s presence at the upcoming 18th EU-AU Human Rights Dialogue,
which would finally take place, physically, on 5th December 2022.
16. Ms. Maymuchka Lauriston, Deputy Regional Representative of the OHCHR also
congratulated the Commission for 35 years of establishing itself as the central
pillar for the promotion and protection of human and peoples' rights in Africa.
She celebrated the good cooperation that has existed between the OHCHR and
the Commission, entrenched through the establishment of the Addis Ababa Road
Map, which now marks 10 years of existence. She remarked that the 35th
anniversary of the Commission indeed highlights a huge milestone in cooperation
between both institutions. He said that this year also constituted the 40th
anniversary of the UN Voluntary Fund for Victims of Torture; and the 30 th
anniversary of the UN Voluntary Trust Fund on Contemporary Forms of Slavery,
which have been providing vital assistance to victims of grave human rights
violations, through yearly grants to Civil Society Organizations (CSOs). Ms.
Maymuchka reiterated the OHCHR’s dedication to a seamless cooperation in the
promotion and protection of human rights in Africa.
17. Presenting a Statement on behalf of the Hon. Lady Justice Imani D Aboud,
President of the African Court, H.E. Ambassador Hammad Salah lauded Africa’s
progress over the years, through the adoption of Resolution ACHPR/Res.1(V)89 on
the celebration of an African Day of Human Rights. He celebrated the fact that this
had resulted in the birth of the African Charter and the Commission, which over
the years has continually galvanised the human rights community to reflect on
the past, the present and the way forward for the continent.
18. H.E. Ambassador Hammad Salah also highlighted the Commission’s pivotal
position in Africa’s human rights history, and the need for the Commission, the
African Court and the African Committee of Experts on the Rights and Welfare of
the Child, to continue to cooperate in enhancing their commitment to delivering
on human rights for all Africans.
19. Ms. Ana Celeste C. Janúario, Secretary of State for Human and Citizens rights of
Angola, representing the expressions of State Parties to the African Charter,
recognised the multiple reasons to celebrate during this Session. This she felt was
the fact that this 35th anniversary also marked 41 years of the African Charter, and
55 years of the UN Convention on Civil and Political Rights, and the Convention
on Economic, Social and Cultural Rights, which have all impacted the state of
human rights on the African continent. She noted several challenges which have
5|Page
continued to plague Africa, and which were recently exacerbated by the COVID19 pandemic. In the name of all Member States to the African Charter, she restated
the need for State collaboration and commitment to the realisation of Africa’s
Agenda 2040, for “an Africa fit for Children”, and Agenda 2063 for “the Africa we
Want”.
20. Honourable Commissioner Rémy Ngoy Lumbu, Chairperson of the
Commission, saluted the deserved celebration of the Commission’s 35-yearengagement on the continent, and the chance to finally engage physically in
human rights deliberations, after three years of being stalled by the Covid-19
pandemic. He expressed profound appreciation to the Government of The
Gambia, to the dignitaries present and to everyone participating at the Session.
He especially thanked all former and present Commissioners and partner
institutions, who have been supporting the work of the Commission, in delivering
on its mandate.
21. The Chairperson expressed the Commission’s concern and disappointment in the
general trend of regression in human rights on the continent, and urged States to
uphold their human rights commitments, through the establishment of
appropriate legislative and policy measures that carter to the needs of their
citizens. He further expressed the need for citizens of Member States to approach
the Commission’s protection mechanisms to seek redress for rights violations, and
on the other hand appreciated States that have made progress on various areas of
human rights. He celebrated the work of complementarity between the
Commission and the African Court and called for continuous collaboration with
all relevant stakeholders in the move towards a more human-rights friendly
continent.
22. Celebrating the uniqueness of this Ordinary Session, H.E. Monique
Nsazabaganwa, Deputy Chairperson of the AUC, spoke on behalf of H. E Mr.
Moussa Faki Mahamat, Chairperson of the AUC. She applauded the Session’s
coincidence with the historic 35th anniversary of the Commission, as well as the
African Human Rights Day - 21 October. H.E. Monique Nsazabaganwa
emphasized that while this is a time for celebration, the commemoration must
serve as a platform for discussion and exchange among all actors and
stakeholders, in order to jointly engage in an objective introspection and
evaluation of the many contributions and the persistent and emerging challenges
that prevail in the promotion and protection of human rights on the continent. She
remarked that the consultations around the preparation of Africa’s Agenda 2063
reveals that human rights continue to be of particular concern, despite significant
improvements recorded since the adoption of the African Charter and the
establishment of the Commission.
23. The Deputy Chairperson reiterated that human rights remain at the heart of the
AU's policy, and it is in this context that the latter has recently adopted a Strategic
Plan for the Promotion and Protection of Human and Peoples' Rights 2021-2030. She
6|Page
further encouraged engagement of all States and stakeholders in the realisation of
this collective goal.
24. Hon. Justice Hassan B. Jallow, Chief Justice of The Gambia, who was the
commemorative Guest Speaker and one of the drafters of the African Charter,
expressed profound honour to grace this special occasion. He recounted an
honourable history of sacrifice and dedication, as well as a celebration of Africa’s
progress. He recognised the contributions and instrumentality of several African
leaders at the time, including the instrumentality of The Gambia’s Sir Dawda
Kairaba Jawara and the honoured members of the Charter’s Drafting Committee,
led by Judge Keba M’baye of Senegal. He underscored that the drafting team was
particularly inspired and guided by the words of Senegal’s President at the time Leopold Sedar Senghor, who urged the delegates to draw from Africa’s “beautiful
and positive tradition” and to constantly bear in mind the values of civilisation, the
real needs of Africa, and the fact that Africans need a consistent system to promote
and protect and their rights and freedoms.
25. Hon. Justice Jallow also highlighted some of the key challenges which clogged the
process, such as unsettled debates around the principle of self-determination and
the right to private property. He underscored that the drafting and eventual
adoption of the African Charter was truly a revolutionary achievement, through
the multiple challenges and deliberations which took place from 1979 to 1981. He
noted that the critical question to all of us would always be whether the African
Charter has made any difference to the lives of Africans.
26. The honourable Chief Justice highlighted the need to strengthen the capacity of
the Commission as well as the need for continuous efforts of all stakeholders in
addressing the numerous human rights challenges on the continent. He further
celebrated the hard work and dedication of the Commissioners, the Commission’s
Secretariat, State Parties, civil society, and all partners in their contribution
towards realising the goals of the African Charter. Hon. Chief Justice Jallow
further called on African States to engage fully with the African Court and
Regional Courts to enhance access to justice for their citizens, as these institutions
complement the work of the Commission.
27. H.E. Ismaïla Madior Fall, Minister of Justice and Keeper of the Seal of the
Republic of Senegal, speaking on behalf of H.E Macky Sall, President of the
Republic of Senegal and Chairperson of the AU, congratulated the Commission’s
35-year milestone, and The Gambia’s dedicated support to the Commission over
the years.
28. While acknowledging that Africa is far from addressing all its human rights
challenges, H.E. Ismaïla Madior Fall celebrated the growing engagements around
the promulgation of the rights of older persons and persons with disabilities.
Among other things, he also highlighted the need for collaboration amongst all
stakeholders in working towards addressing the concerns of food security, and all
7|Page
other socio-economic and political challenges. He further expressed President
Macky Sall’s commitment as the AU Chairperson, to enhancing Africa’s full
collaboration towards a human rights success across the continent.
29. In his opening statement, delivered on behalf of President of the Republic of The
Gambia, H.E. President Adama Barrow, the Vice President of The Gambia, H.E.
Badara Alieu Joof, heartily welcomed all participants to The Gambia and
commended the Commission for its human rights engagements through the past
35 years, in creating a better Africa.
30. Highlighting The Gambia’s commitment to the human rights course, H.E. Badara
Alieu Joof celebrated The Gambia’s instrumentality in the birth of the African
Charter and the Commission, as well as The Gambia’s move towards creating its
own National Human Rights Commission in 2017. He also highlighted the work
of The Gambia’s Truth, Reconciliation and Reparations Commission (TRRC),
which conducted investigations of human rights abuses committed from 1994 –
2017. He assured Africa that the Government of The Gambia is committed to
addressing issues of sexual and gender-based violence and enforced
disappearances, which were prevalent in the TRRC’s report, as well as
guaranteeing justice and reparations to victims. He noted that the TRRC
submitted its report in 2021 to the President and out of its 265 recommendations,
only two were rejected by the Government.
31. Before finally declaring the 73rd Ordinary Session open, H.E. Badara Alieu Joof
further underscored the need for African States to enhance cooperation in the
realisation of the AU’s 2022 theme aimed at “Strengthening resilience in Nutrition
and Food Security on the African Continent”, as well as in addressing the multiple
and compounding challenges to development in Africa.
32. During the Opening Ceremony, as part of its 35th Anniversary commemorative
interlude, the Commission also launched its rebranded website and new logo. The
rebranding of the logo was part of a Union-wide drive to harmonise brands across
all AU Organs as directed by Ex.CL: 1144 (XL) of February 2022. The interlude
was led by Ms. Doreen Apollos, Communication Advisor at the AUC, speaking
on behalf of Ms Leslie Richer, AUC Director of Information and Communication,
Ms. Doreen explained that this rebranding is aligned with Agenda 2063 She said
it underscores the people-centred nature of the AU, and the Commission, and the
duty of the Commission to guarantee awareness of its existence, mandate, and
projects. She emphasised this as a reflection of the need to engage all Africans in
co-creating solutions to Africa’s challenges.
33. Ms. Doreen underscored the need for a clear identity and highlighted that the new
logo is inspired by the AU’s logo, whose elements symbolize peace, Africa’s
wealth and bright future, solidarity and liberation. She explained that the new
logo therefore represents family, humanity and equal rights for all Africans on the
8|Page
continent and in the diaspora. She emphasised that the gold encircling hands
reflect both the protection and promotion of human rights.
34. The Commission also launched a Compendium of African Human and Peoples’
Rights Law, as part of its commemorative events. .
35. A total number of eight hundred and seventy-four (874) Delegates attended the
Session, including: one hundred and fifty-four (154) representatives of State
Delegates, nine (9) representatives of the Permanent Representatives Committee,
seven (7) representatives of Embassies in Ethiopia, three (3) representatives of UN
Organs, eighty-five (85) representatives of NHRIs, five hundred and thirty-seven
(537) representatives of NGOs, seventeen (17) representatives of the AU, thirtyone (31) International Organizations, twenty-five (25) Observers and six (6) press
and media organizations.
36. The representatives of the following seventeen (17) State Parties made statements
on the human rights situation in their respective countries: Algeria, Angola,
Burkina-Faso, Burundi, Eritrea, Ethiopia, Kenya, Malawi, Mauritania,
Mozambique, Niger, Sahrawi Arab Democratic Republic, Rwanda, South Africa,
Tanzania, Togo, and Zimbabwe.
37. Representatives of twenty (20)1 NHRIs with Affiliate Status with the Commission
and one (1) Specialised Human Rights Institution,2 made statements on the
human rights situation in their respective countries.
38. About thirty (30) NGOs with Observer Status at the Commission made statements
on the human rights situation in Africa.3
The South African Human Rights Commission, the National Human Rights Council of Algeria, the
National Human Rights Commission of Burkina Faso, the Independent National Commission on
Human Rights of Burundi, the National Commission on Human Rights and Freedoms of Cameroon,
the National Commission on Human Rights and Citizenship of Cape Verde, the Ethiopian Human
Rights Commission, the National Human Rights Commission of The Gambia, the National Human
Rights Commission of Kenya, the Human Rights Commission of Malawi, the National Human Rights
Commission of Mali, the National Human Rights Commission of Mauritania, the National Human
Rights Commission of Niger, the National Human Rights Commission of Rwanda, the National Human
Rights Commission of the Democratic Republic of Congo, the National Human Rights Commission of
Sudan, the National Human Rights Commission of South Sudan, the Commission on Human Rights
and Good Governance of Tanzania, the Human Rights Commission of Zimbabwe
1
2 The Institute of Human Rights and Peace of the Cheikh Anta Diop University of Senegal.
3
Association Mauritanienne des Droits de l’Homme (AMDH) ;Mouvement Ivoirien des Droits
Humains (MIDH) ; La Voix Des Sans Voix pour les Droits de l'Homme (VSV) ; International Federation
for Human Rights (FIDH) ; Center for Reproductive Rights ;ACDHRS ;Open Society Initiative of South
Africa (OSISA) ;La Fédération Internationale des Actions des Chrétiens pour l’Abolition de la Torture
(FIACAT) ;Centre for Rights Education and Awareness ;SOS Information Juridique Multisectorielle
(SOS IJM) ; Fédération Internationale des Ligues Droits de l’Homme ; DefendDefenders ;Ogiek Peoples'
Development Program; Minority Rights Group International; Ensemble contre la Peine de Mort ; SOS
Information Juridique Multisectorielle en République Démocratique du Congo ; Amnesty
9|Page
39. Four (4) International and Intergovernmental Organizations with Observer Status
at the Commission also made statements.
40. Seven (7) State Parties to the African Charter, Angola, Benin, Egypt, Eritrea,
Ethiopia, South Africa and Zimbabwe exercised their right of reply.
41. With a view to strengthening the promotion and protection of human rights on
the continent, several panel discussions on various themes were organized during
the Session:
i.
Panel on the theme of the Year of the AU: Year of Nutrition, Strengthening
Nutritional Resilience and Food Security on the African Continent;
ii.
Panel on the Obligations and Guidelines on the Preparation of State
Reports under the Protocol to the African Charter on the Rights of Women
in Africa;
iii.
Panel on the Next Decade of the Addis Ababa Roadmap;
iv. Panel on the 10th Anniversary of the Kampala Convention;
v.
Panel on Stakeholder Consultation on the Draft Guidelines on Adherence
to Human and Peoples' Rights Standards under the African Charter during
Declared States of Emergency and Disasters (ACHPR Resolution 447);
vi. Panel on the revitalization of civic space after the resumption of the
activities of the Post-COVID-19;
vii. Panel on the Inaugural Regional Forum on the State of Extractive
Industries, Human Rights and the Environment in Africa;
viii. Panel on Women in Prison Conditions;
ix.
Panel on Human Rights and the Excessive Use of Force;
x.
Panel on Ratification of the Protocol on the Rights of Older Persons and
Persons with Disabilities in Africa; and
xi.
Panel on African Response to Migration.
42. The Commission launched the following documents:
i.
ii.
iii.
iv.
Guidelines for Alternative Reports of the African Commission on Human
and Peoples' Rights;
General Observations on the Regulation of Private Actors involved in the
Provision of Social Services;
Guidelines on the Protection of All Persons from Enforced Disappearance;
and
SOPs on Torture (Abidjan Rules) and the CPTA Newsletter.
International ; Open Society South Africa; Institute for Human Rights and Development in Africa; Front
Commun pour la Protection de l’Environnement et des Espaces Protégés ; Public- Private Integrity;
Equality Now; OMNA Tigray ; Alternatives Cameroun ; Zimbabwe Lawyers for Human Rights; The
African Policing Civilian Oversight Forum (APCOF); AJPD Angola; Zimbabwe Human Rights NGO
Forum
10 | P a g e
43. The Commission reported on the status of its relations and cooperation with
NHRIs and NGOs as well as the status of submission of Activity Reports by
NHRIs and NGOs.
44. Pursuant to its Resolution on the criteria for granting Affiliate Status, the
Commission considered three (3) applications during this Session, bringing the
total number of NHRIs enjoying affiliate status with the Commission to thirty-six
(36). These NHRIs are as follows:
i.
The National Council for Human Rights of the Arab Republic of Egypt;
ii.
The Independent National Commission on Human Rights of Liberia; and
iii.
The Independent National Commission on Human Rights of Madagascar.
45. Pursuant to its Resolution on the Criteria for Granting and Maintaining Observer
Status to NGOs working on Human and Peoples’ Rights in Africa, the
Commission granted Observer Status to the following three (3) NGOs:
i.
Collaboration on International ICT Policy for East and Southern Africa;
ii.
Protection International Africa; and
iii.
Rule of Law and Empowerment - Partners West Africa Nigeria.
46. This brings the total number of NGOs with Observer Status with the Commission
to five hundred and forty-four (544).
47. The Commission considered the Periodic Reports of the following State Parties:
i.
Periodic Report 2016 -2019 of the Republic of Côte d'Ivoire submitted in
accordance with Article 62 of the African Charter; and
ii.
Combined 15th, 16th and 17th (2018 to 2021) Periodic Report of the Islamic
Republic of Mauritania submitted in accordance with Article 62 of the
African Charter, and Article 26 (1) of the Maputo Protocol.
48. Members of the Commission presented their intersessional reports to highlight
the activities undertaken in their capacities as Commissioners, Country
Rapporteurs and Special Mechanism mandate holders.
49. The presentation of these reports generated reactions, contributions and questions
from State delegates, NHRIs and representatives of CSOs.
50. During the private Session, the Commission redistributed Mandates, and
allocated Membership of Special Mechanisms and countries of
coverage/responsibility as follows:
i.
ii.
Honourable Commissioner Rémy Ngoy Lumbu: Special Rapporteur on
Human Rights Defenders and Focal Point on Reprisals in Africa;
Country Rapporteur for Algeria, Cameroon, Cote d’Ivoire, Mali, and
Togo;
Honourable Commissioner Maya Sahli-Fadel: Special Rapporteur on
Refugees, Asylum Seekers, Internally Displaced Persons and Migrants
11 | P a g e
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
in Africa; Country Rapporteur for Libya, Mauritania, Niger, Senegal,
and Tunisia;
Honourable Commissioner Solomon Ayele Dersso: Chairperson of the
Working Group on Extractive Industries, Environment and Human
Rights Violations in Africa; Country Rapporteur for Kenya, Nigeria,
Seychelles, South Africa, and South Sudan;
Honourable Commissioner Essaiem Hatem: Chairperson of the
Committee for the Prevention of Torture in Africa; Country Rapporteur
for Djibouti, Guinea, Madagascar, Mauritius, and Sudan;
Honourable Commissioner Maria Teresa Manuela: Special Rapporteur
on Prisons, Conditions of Detention and Policing in Africa; Country
Rapporteur for Cabo Verde, Equatorial Guinea, Guinea-Bissau,
Mozambique and São Tomé and Príncipe;
Honourable
Commissioner Mudford
Zachariah
Mwandenga: Chairperson of the Working Group on Economic, Social
and Cultural Rights in Africa; Country Rapporteur for Ethiopia,
Liberia, Malawi, Rwanda and Uganda;
Honourable Commissioner Marie Louise Abomo: Chairperson of the
Working Group on the Rights of Older Persons and People with
Disabilities in Africa; Country Rapporteur for Angola; Burundi, CongoBrazzaville, DRC, and Gabon;
Honourable Commissioner Janet Ramatoulie Sallah-Njie: Special
Rapporteur on the Rights of Women in Africa; Country Rapporteur for
Ghana, Namibia, Somalia, Sahrawi Arab Democratic Republic, and
Zimbabwe;
Honourable
Commissioner Ourveena
Geereesha
TopsySonoo: Special Rapporteur on Freedom of Expression and Access to
Information in Africa; Country Rapporteur for Botswana, Lesotho,
Tanzania, and Zambia;
Honourable Commissioner Idrissa Sow: Chairperson of the Working
Group on Death Penalty, Extrajudicial, Summary or Arbitrary Killings
and Enforced Disappearances in Africa; Country Rapporteur for Benin,
Burkina Faso, Central African Republic, Chad and Comoros; and
Honourable Commissioner Litha Musyimi-Ogana, Chairperson,
Working Group on Indigenous Populations/Communities and
Minorities in Africa & Chairperson, Committee on the Protection of the
Rights of People Living with HIV and those at Risk, Vulnerable to and
Affected by HIV in Africa; Country Rapporteur for Egypt, Eswatini,
Eritrea, Sierra Leone and The Gambia.
51. During its private Session, the Commission also considered and adopted the
following documents, with comments and/or amendments:
i.
ii.
Concluding Observations of the Periodic Report of
Cameroon;
Concluding Observations on Periodic Report of Kenya; and
12 | P a g e
iii.
Proposed New Structure of its Secretariat.
52. The Commission considered the following Reports:
i.
Report of the Secretary to the Commission;
ii.
Report on the Status of Follow-up Actions from the 72nd Ordinary
Session;
iii.
Report of the Advisory Committee on Budgetary & Staff Matters;
iv. Report on Administrative Seizures;
v.
Report of the Working Group on Communications;
vi. Report on the Audit of Communications; and
vii. Report of the Promotion Mission to Tunisia (September 2018).
53. The Commission considered eighteen (18) Communications as follows:
i.
ii.
Five (5) Communications on Admissibility, of which three (3)
were declared admissible; and two (2) declared inadmissible; and
Four (4) Communications on the Merits.
54. The Commission struck out nine (9) Communications for want of diligent
prosecution.
55. The Commission adopted Resolutions renewing
reconstituting fifteen (15) Special Mechanisms,
Committees.4
the mandate and
including internal
56. The Commission adopted three (3) Country Resolutions:
i.
ii.
iii.
Resolution on the Re-Allocation of Country Rapporteurship amongst
Commissioners;
Resolution on the Human Rights Situation in Chad; and
Resolution on the Situation of Human Rights in the Republic of South
Sudan.
57. The Commission adopted five (5) thematic Resolutions:
i.
Resolution on the Renewal of the Mandate of the Support Group to the
Special Rapporteur on Human Rights Defenders and Focal Point on
4
The Special Rapporteur on Refugees, Asylum Seekers, Displaced Persons and Migrants in Africa; The Special
Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa; The Special Rapporteur on
Prisons, Conditions of Detention and Policing in Africa; The Special Rapporteur on Freedom of Expression and
Access to Information in Africa; The Special Rapporteur on the Rights of Women in Africa; The Working Group
on Indigenous Populations/Communities, in Africa; The Working Group on Economic, Social and Cultural Rights
in Africa and Appointment of its Chairperson and Members; The Working Group on Extractive Industries,
Environment and Human Rights Violations in Africa; The Committee on the Protection of the Rights of People
Living with HIV (PLHIV) and those at Risk, Vulnerable to and Affected by HIV; The Committee for the
Prevention of Torture in Africa; The Advisory Committee on Budgetary and Staff Matters; The Committee on
Resolutions; The Working Group on the Death Penalty, Extrajudicial, Summary or Arbitrary Killings and
Enforced Disappearances in Africa; The Working Group on Communications; and The Working Group on
Specific Issues related to the Work of the Commission.
13 | P a g e
ii.
iii.
iv.
v.
Reprisals in Africa for the Promotion and Monitoring of the Effective
Implementation of the Guidelines on Freedom of Association and
Assembly in Africa;
Resolution on Africa’s Reparations Agenda and the Human Rights of
Africans in the Diaspora and People of African Descent Worldwide;
Resolution on the Principles on Effective Interviewing in Investigations
and Information Gathering (Méndez Principles);
Resolution on the Death Penalty and the prohibition of Torture and
cruel, inhuman or degrading punishment or treatment; and
Resolution on the Review of the Study on the Death Penalty in Africa.
58. During its private Session, the Commission also considered and rejected
applications for Observer Status of three (3) NGOs- Alternative Cote d'Ivoire;
Human Rights First Rwanda; and Synergía – Initiatives for Human Rights,
on the grounds that sexual orientation is not an expressly recognized right or
freedom under the African Charter, and contrary to the virtues of African
values, as envisaged by the African Charter.
59. The Commission considered and adopted its combined 52nd & 53rd Activity
Report.
60. The Commission decided to hold its 74th Ordinary Session virtually from 21st
February to 07 March 2023. Details of the next Ordinary Session will be made
available on the Commission’s website in due course.
61. The Commission expresses its sincere gratitude to State Parties, international
organisations, NHRIs, NGOs and all stakeholders who participated in this
Ordinary Session.
62. The Commission also expresses its deep gratitude to the Government of the
Republic of The Gambia for the facilities provided for the organisation of the
Session.
63. The Closing Ceremony of the 73rd Ordinary Session took place on 9 November
2022.
14 | P a g e