UNION AFRICAINE
AFRICAN UNION
UNIÃO AFRICANA
African Commission on Human &
Peoples’ Rights
Commission Africaine des Droits de
l’Homme & 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 28th Extra-Ordinary Session of the African
Commission on Human and Peoples’ Rights
VIRTUAL SESSION
29 June – 1 July 2020
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1. The African Commission on Human and Peoples’ Rights (Commission) held its
28th Extra-Ordinary Session (the Session) from 29 June to 1 July 2020, virtually
on account of the COVID-19 pandemic.
2. During its 33rd Ordinary Session, the Executive Council of the African Union by
its Decision Ex.CL. Dec/1225(XXXVI) of 10 February 2020, elected four (4) new
Members of the Commission.
3. In accordance with Article 38 of the African Charter on Human and Peoples’
Rights (African Charter), the newly elected Members of the Commission are
required to make a Solemn Declaration to discharge their duties impartially and
faithfully; and in terms of Rule 10 of the Commission’s Rules of Procedure, the
prescribed Declaration must be made before they assume office at a Public
Session of the Commission.
4. The Commission thus convened a public session to enable the newly elected
Commissioners to make their Solemn Declaration; the Commission later
retreated into a private session to carry out an induction for the new
Commissioners; conduct a re-allocation of its special mechanism mandates and
country rapporteurs for countries Commissioners are responsible for
monitoring the general human rights situation. Lastly, the Commission
resumed its public session to deliver the Final Communique before officially
closing the Session.
5. In accordance with Article 38 of the African Charter, the following newly elected
Commissioners were sworn in during the Session:
i.
ii.
iii.
iv.
Dr Marie Louise Abomo of the Republic of Cameroon;
Mr Mudford Zachariah Mwandenga of the Republic of Zambia;
Mr Ndiamé Gaye of the Republic of Senegal; and
Mrs Alexia Gertrude Amesbury of the Republic of Seychelles.
6. The Session was chaired by Honourable Commissioner Solomon Ayele Dersso,
Chairperson of the Commission; assisted by Honourable Commissioner Rémy
Ngoy Lumbu, Vice-Chairperson.
7. 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 Kayitesi Zainabo Sylvie;
iv. Honourable Commissioner Maya Sahli-Fadel;
v. Honourable Commissioner Jamesina Essie L. King;
vi. Honourable Commissioner Essaiem Hatem;
vii. Honourable Commissioner Maria Teresa Manuela;
viii. Honourable Commissioner Marie Louise Abomo;
ix. Honourable Commissioner Mudford Zachariah Mwandenga;
x. Honourable Commissioner Ndiamé Gaye; and
xi. Honourable Commissioner Alexia Gertrude Amesbury.
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8. The public session was open to all stakeholders including representatives of
Member States, AU Organs, National Human Rights Institutions (NHRIs),
International and Inter-Governmental Organizations, Non-Governmental
Organizations (NGOs); other observers and the media.
9. In his opening remarks, the Chairperson of the Commission, Honourable
Commissioner Solomon Dersso, welcomed participants to the first virtual
session of the Commission, while noting that the spread of COVID-19 on the
continent has had an impact on the way we live and work. He informed
participants that as part of the measures adopted to prevent the spread of
COVID-19 and to protect participants and staff, the 66th Ordinary Session which
was scheduled to take place in April 2020, and during which the new incoming
Members of the Commission would have been sworn in, had to be postponed.
He observed that given the ongoing nature of the COVID-19 pandemic, as well
as the importance of the role of the Commission in ensuring the protection of
human rights at this time, the Commission felt it necessary that the 28th Extraordinary Session be convened virtually, to allow the new incoming Members to
assume office and to consider other urgent matters.
10. He welcomed all the newly elected Members of the Commission, while also
wishing all the outgoing Members of the Commission the very best in their
future endeavours. He recalled the Press Statement on human rights based
effective response to the novel COVID-19 virus in Africa, issued by the
Commission in March 2020, which provides guidance for States Parties to the
African Charter, on placing human rights central in their responses to COVID19. The Chairperson highlighted that the Commission has also adopted various
thematic statements addressing different aspects of the COVID-19 responses of
States and called on States to uphold human rights standards during the
declared emergency or disaster situations.
11. Following the swearing-in, the Chairperson of the Commission invited the new
Commissioners to make their individual statements.
12. In this regard, Honourable Commissioner Marie Louise Abomo extended her
gratitude to all those who, at various levels, believed in her abilities and made
her election as a Commissioner possible. While recognising both the magnitude
of the tasks ahead and the importance of her responsibilities, she emphasized
her determination to rise to the challenge in order to serve the African continent.
She stated that she views the Commission as an institution which, in the
framework of its mandate to promote and protect human and peoples’ rights in
Africa, should notably contribute effectively to the achievement of Aspiration
No. 3 of Agenda 2063, which highlights respect for human rights, justice and the
rule of law. She underscored her role within the Commission, stating that
together with other members of the Commission, she endeavours to contribute
to the enrichment of human rights standards. She also expressed her
commitment, with the civility and objectivity required, towards dialogue with
the various stakeholders, in order for States in particular – which have the
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primary responsibility of guaranteeing respect for human rights, to better fulfil
their obligations, including by taking into account the recommendations of the
Commission.
13. Honourable Commissioner Mudford Zachariah Mwandenga extended his
gratitude to the Government of the Republic of Zambia for his nomination and
to the Head of States of the African Union for electing him as a Member of the
Commission. He recognized the responsibilities bestowed upon him in
contributing extensively to the promotion and protection of human rights in
Africa. He noted that this goes to the core of his work and undertook to
discharge his duties diligently. He looked forward to having a good working
relationship with the Commission and its Secretariat during his tenure at the
Commission.
14. Honourable Commissioner Ndiamé Gaye stated that he was honoured to be
elected as a Member of the Commission and accepted the noble role bestowed
on him. He reiterated his commitment to serve selflessly to the course of human
rights on the continent. He stated that he is privileged to be entrusted with such
responsibility to serve Africa and made a commitment to perform his
responsibilities diligently to the extent possible, with the support of other
Members of the Commission.
15. Honourable Commissioner Alexia Gertrude Amesbury expressed gratitude to
the Republic of Seychelles for nominating her and for her election as a Member
of the Commission. She stated that Seychelles represents a small portion on the
map of Africa and is proud that Seychelles is being recognized at the
international level for the first time. She noted that the public session of the 28th
Extra-Ordinary Session of the Commission coincided with Seychelles’ National
Day, which is a double honour for her country. She expressed gratitude to the
Commission and its Secretariat for organizing the session and making it possible
for the newly elected Members of the Commission to be sworn in, despite the
current pandemic which has affected the world. She underscored the “Black
Lives Matter “campaign, and noted that amidst the pandemic, it is important to
promote and protect the rights of all individuals, especially African people. She
noted further that African lives need to be respected, particularly the rights to
health, food and shelter. She concluded by urging the Members of the
Commission to ensure that the voice of Africans are heard.
16. Thereafter, the Chairperson of the Commission invited the longest-serving
Member of the Commission, Honourable Commissioner Zainabo Sylvie
Kayitesi, to deliver the welcome remarks on behalf of the Commission. She
welcomed the newly sworn in Members of the Commission and expressed the
desire that they will contribute immensely to the course of human rights. She
noted the very difficult period in the promotion and protection of human rights
on the continent due to the COVID-19 pandemic, while also underscoring the
important role of the Commission in this regard. She paid tribute to the outgoing
Commissioners and expressed appreciation for their commitment to the work
of the Commission and human rights in general. She highlighted the
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Commission’s motto ‘Human Rights, our Collective Responsibility’ and hoped that
the Commission will continue to make a difference in promoting and protecting
human rights on the continent.
17. In a Private Session, the Commission considered and adopted its agenda and
conducted an induction for the newly sworn in members on the following: an
Overview of the African Union Architecture; Country, Thematic and Special
Rapporteur Mandates; Terms of Reference of Working Groups; Statutory
Sessions and Inter-Session Work of the Commission; Rules of Procedure and
Workings Methods of the Commission; Processing of Communications; and
Functions and Responsibilities of the Secretariat.
18. During the Private Session, the Commission made the following re-allocation of
countries of responsibility and Special Mechanisms amongst its members:
i.
Honourable Commissioner Solomon Ayele Dersso: Chairperson of the
Working Group on Extractive Industries, Environment and Human
Rights Violations in Africa; Country Rapporteur for Kenya, Sahrawi Arab
Democratic Republic, Tanzania, South Africa, and South Sudan (5);
ii. Honourable Commissioner Rémy Ngoy Lumbu: Special Rapporteur on
Human Rights Defenders and Focal Point on Reprisals in Africa; Country
Rapporteur for Cameroon, Côte d’Ivoire, Togo, Gabon, and Mali (5);
iii. Honourable Commissioner Kayitesi Zainabo Sylvie: Special Rapporteur
on the Rights of Women in Africa, Chairperson of the Working Group on
Communications; Country Rapporteur for Algeria, Seychelles, Angola,
Chad, and Senegal (5);
iv. Honourable Commissioner Maya Sahli-Fadel: Special Rapporteur on
Refugees, Asylum Seekers, Internally Displaced Persons and Migrants in
Africa; Country Rapporteur for Benin, Niger , Mauritania, Tunisia, and
Burkina Faso (5);
v. Honourable Commissioner Jamesina Essie L. King: Special Rapporteur
on Freedom of Expression and Access to Information in Africa; Country
Rapporteur for Eritrea, Namibia, Somalia, The Gambia, and Zimbabwe
(5);
vi. Honourable Commissioner Essaiem Hatem: Chairperson of the
Committee for the Prevention of Torture in Africa; Country Rapporteur
for Libya, Sudan, Madagascar, Djibouti, and Mauritius (5);
vii. Honourable Commissioner Maria Teresa Manuela: Special Rapporteur
on Prisons, Conditions of Detention and Policing in Africa; Country
Rapporteur for Mozambique, São Tomé and Príncipe, Guinea-Bissau,
Equatorial Guinea, and Cabo Verde (5);
viii. Honourable Commissioner Marie Louise Abomo: Chairperson of the
Working Group on the Rights of Older Persons and People with
Disabilities in Africa, Chairperson of the Working Group on Specific
Issues Related to the Work of the Commission; Country Rapporteur for
Burundi, Democratic Republic of Congo, Comoros, and CongoBrazzaville (4);
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ix. Honourable Commissioner Mudford Zachariah Mwandenga:
Chairperson of the Working Group on Economic, Social and Cultural
Rights in Africa; Country Rapporteur for Ethiopia, Ghana, Liberia,
Rwanda, and Malawi (5);
x. Honourable Commissioner Ndiamé Gaye: Chairperson of the Working
Group on Death Penalty, Extrajudicial, Summary or Arbitrary Killings
and Enforced Disappearances in Africa; Country Rapporteur for Central
African Republic, Uganda, Nigeria, Egypt, and Sierra Leone (5); and
xi. Honourable Commissioner Alexia Gertrude Amesbury: Chairperson of
the Working Group on Indigenous Populations/Communities in Africa,
Chairperson of the Committee on the Protection of the Rights of People
Living with HIV (PLWHIV), and Those at Risk, Vulnerable to and
Affected by HIV in Africa; Country Rapporteur for Botswana, Zambia,
Lesotho, Eswatini and Guinea-Conakry (5).
19. These changes and reallocations will be made available on the website of the
Commission on: www.achpr.org
20. The Commission decided to hold its 66th Ordinary Session from 13 July to 7
August 2020, virtually due to the continuing COVID-19 pandemic. Details of the
Session will be made available on the Commission’s website in due course.
21. The Commission would like to take this opportunity to once again welcome the
new Members of the Commission and wish them all the very best in their task
ahead, in contributing towards strengthening the promotion and protection of
human rights on the continent.
22. The Commission expresses its sincere gratitude to all stakeholders who have
taken time off their busy schedule to participate in the Session.
23. The Closing Ceremony of the Session was held virtually on 1 July 2020.
Done this 1st day of July 2020
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