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 75th ORDINARY SESSION OF THE AFRICAN
COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
BANJUL, THE GAMBIA
03 May – 23 May 2023
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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 75 th Ordinary Session (Session) in hybrid
format, from 03 to 23 May 2023 in Banjul, The Gambia.
2. The Opening Ceremony of the Session was held on 03 May 2023 at the Sir Dawda
Kairaba Jawara International Conference Center, and was presided over by H.E.
Dr. Mamadou Tangara, Minister of Foreign Affairs, International Cooperation
and Gambians Abroad, of the Republic of The Gambia; and Honourable
Commissioner Rémy Ngoy Lumbu, Chairperson of the Commission.
3. The Commission held both its Public and Private Sessions at the Sir Dawda
Kairaba Jawara International Conference Center.
4. The substantive programs of the Sessions 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.
5. 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 Litha Musyimi Ogana.
6. Honourable Commissioners Ourveena Geereesha Topsy-Sonoo and Idrissa Sow
were unable to attend the Session in person. However, they participated virtually.
7. Key Statements were delivered by:
➢ Ms. Hannah Forster, Executive Director of the African Centre for
Democracy and Human Rights Studies, on behalf of the Steering
Committee of the Non-Governmental Organisations’ Forum(NGO
Forum);
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➢ H.E. Dr. Elasto Mugwadi (virtual participant), 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 Eamon Gilmore (virtual participant), European Union Special
Representative for Human Rights;
➢ Mr. Marcel Akpovo (virtual participant), Regional Representative of the
Office of the United Nations High Commissioner for Human Rights to
the African Union and to the Regional Office for East Africa;
➢ Hon. Lady Justice Imani D. Aboud (virtual participant), President of the
African Court on Human and Peoples’ Rights (the African Court);
➢ Mr. Mehdy Remaoun, Head of Human Rights Subdivision within the
Ministry of Foreign Affairs of Algeria, on behalf of State Parties to the
African Charter;
➢ Honourable Commissioner Remy Ngoy Lumbu; Chairperson of the
Commission;
➢ H.E. Amb. Bankole Adeoye (virtual participant), Commissioner for
Political Affairs, Peace and Security, on behalf of H.E. Mr. Moussa Faki
Mahamat, Chairperson of the African Union Commission;
➢ H.E. Dr. Mamadou Tangara, Minister of Foreign Affairs, International
Cooperation and Gambians Abroad, of the Republic of The Gambia.
8. Ms. Hannah Forster, speaking on behalf of the NGO Forum’s Steering Committee,
extended appreciation to the Gambian Government for its support, and
congratulated the Commission for its progress over the years. She indicated that
The NGO Forum, held prior to the Session, involved participants from various
African countries and adopted Resolutions and Recommendations on topics such
as electoral violence, armed conflict, freedom of expression, human rights in
business practices, and women's rights. The forum emphasized the importance of
creating an enabling environment for businesses while respecting human rights
and called for accountability of companies whose activities negatively impact
communities, workers, indigenous people and vulnerable groups. The Forum also
highlighted the role of women in trade and emphasized the need to empower
women. Various panels and special interest groups were organized to discuss
critical issues related to human rights, democracy, peace and security in Africa.
9. On a positive note, she indicated that the NGO Forum took stock of improvements
in gender parity legislation in Senegal, abolition of the death penalty in Zambia,
and implementation of a quota system for women's representation in Sierra
Leone. However, she noted that some serious challenges are persisting, such as
human rights abuses in Sudan, violence against women, the impact of COVID-19,
unconstitutional changes of government, and the precarious situation of human
rights defenders.
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10. Additionally, Ms. Hannah Forster strongly invited the African Commission to
urge States parties to adopt and implement the Maputo Protocol on women's
rights, to recognize Ecocide as a crime against humanity, to ensure free, fair and
transparent elections in a peaceful environment, and finally to establish an
investigative and accountability mechanism to address alleged human rights
violations and abuses in Sudan while providing a humanitarian corridor for
citizens.
11. In his speech, Dr. Elasto Mugwadi, Chairperson of NANHRI acknowledged the
achievements and progress made by African human rights institutions but
highlighted the challenges facing human rights in Africa, particularly the
potential civil war in Sudan. He called upon the African Union to take action to
prevent the conflict and emphasized the role of NHRIs in conflict prevention and
resolution. Dr. Mugwadi commended the African Union's theme of the year on
accelerating the implementation of the African Continental Free Trade Area
(AfCFTA) and urged NHRIs to advocate for the implementation of resolutions
related to business and human rights and mainstreaming human rights in
AfCFTA implementation. He expressed concern about the increasing suppression
of human rights defenders and the use of tactics such as detention, internet
shutdowns, and excessive force to restrict peaceful assembly. Finally, he reiterated
NANHRI's commitment to the common goal of Human Rights for All, in Africa.
12. The EU Special Representative for Human Rights, H.E Eamon Gilmore, in his
speech commended the relentlessness of the Commission, and its dedication to
the promotion and protection of Human Rights. He highlighted the importance of
human rights and cooperation between the European Union (EU) and the African
Commission on Human and Peoples' Rights. He emphasized EU commitment to
upholding human rights within the EU and worldwide, through mutual
collaboration, to ensure sustainable development for all countries. He expressed
profound concern over the ongoing unrest in Sudan and called for an immediate
cessation of hostilities to prevent a humanitarian crisis. The EU-Africa
relationship is seen as a strategic partnership covering various areas, including
human rights, trade, investment, and climate change. Mr. Gilmore concluded by
reiterating EU commitment to cooperate for a stronger future.
13. Mr. Marcel Akpovo, Regional Representative of the Office of the OHCHR to the
African Union and the Regional Office for East Africa highlighted the renewed
collaboration between the United Nations High Commissioner for Human Rights
and the African Union to address the challenges hindering the progress of human
rights in Africa. He underscored the importance of the 75th anniversary of the
Universal Declaration of Human Rights and called for renewed commitment to
promoting and protecting human rights. He recognized the various human rights
crises and challenges in Africa, commended the initiative of mainstreaming
human rights into the African Continental Free Trade Area, emphasized
collaboration between the United Nations Special Procedures and the African
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Commission, and expressed interest in the United Nations Voluntary Fund for
Victims of Torture and the United Nations Voluntary Trust Fund on
Contemporary Forms of Slavery.
14. In her statement Hon. Lady Justice Imani D Aboud, President of the African
Court, commended the Commission for its work in promoting and protecting
human rights in Africa. She highlighted the importance of collaboration between
the Commission and the African Court on Human and Peoples' Rights to enhance
the human rights situation on the continent. She called for Member States to
prioritize human rights in their policies and programs and urged for compliance
with decisions of human rights bodies. She concluded by expressing the Court's
commitment to working with all stakeholders to enhance human rights protection
and wished the Commission a successful Session.
15. Mr. Mehdy Remaoun, Head of the Human Rights’ Subdivision within the
Ministry of Foreign Affairs of Algeria, conveying the stances of State Parties to the
African Charter, expressed gratitude to the Government and people of The
Gambia for hosting the African Commission on Human and Peoples' Rights’
Session. He highlighted the progress made by the Commission in advancing
human rights in Africa since its establishment, emphasizing the interconnection
between human rights and development. He also addressed the challenges facing
human rights in Africa, such as the socio-economic consequences of the COVID19 pandemic and the persisting legacies of colonization. He concluded by
expressing support of Algeria, as a member of United Nations’ Human Rights
Council and its commitment to using the mandate of the Human Rights Council
to defend appropriate African Common positions and to work in favor of the
interests of the African continent and of the African people.
16. Honourable Commissioner Rémy Ngoy Lumbu, Chairperson of the
Commission, highlighted the significance of the Public Session, which has taken
place amid discussions on reforms of the judicial and quasi-judicial bodies of the
African Union, with the aim improving the lives of Africans by strengthening its
institutions.
17. The Chairperson conveyed the Commission's concern and disappointment
regarding the overall regression in human rights on the continent. He called upon
States to fulfill their human rights commitments by implementing appropriate
legislative and policy measures that address the needs of their citizens.
Additionally, the Chairperson expressed worries about the security situation in
various countries such as the Democratic Republic of Congo, Sudan, and Ethiopia.
He strongly condemned human rights violations and urged for an immediate
cessation of hostilities, for regional cooperation, and for the reestablishment of
unconditional peace throughout the continent.
18. Addressing the security situation in Nigeria, the Chairperson expressed deep
concern, particularly regarding intercommunal conflicts that have resulted in
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brutal violence and the loss of over 351 lives in the Benue State. Moreover, the
Chairperson highlighted instances of repression and excessive use of force by law
enforcement in Senegal and Kenya, as well as reprisals against human rights
defenders and journalists in Cameroon, Eswatini, and Mauritania. Other areas of
concern included the devastating cyclone in Malawi, forced evictions in Zambia,
targeted violence against women and girls, and challenges related to youth
unemployment, gender equality, torture, and internet access.
19. On a positive note, the Chairperson commended the Republic of South Sudan for
ratifying various human rights instruments and acknowledged the efforts of
Niger and the Republic of the Congo in reducing statelessness. Furthermore, he
congratulated Zambia for abolishing the death penalty.
20. The Chairperson also recognized the significance of the African Continental Free
Trade Area (AfCFTA) and encouraged States to expedite its implementation in
order to stimulate economic growth, alleviate poverty, and uphold human rights.
Finally, the Chairperson expressed gratitude to all stakeholders and emphasized
the importance of constructive discussions and cooperation to strengthen the
African human rights system for the benefit of its people.
21. H.E. Amb. Bankole Adeoye, Commissioner for Political Affairs, Peace and
Security, spoke on behalf of H.E. Mr. Moussa Faki Mahamat, the Chairperson of
the African Union Commission. He acknowledged the Republic of The Gambia
for hosting the Session and commended the Chairperson of the ACHPR and his
team for organizing the event. Amb. Adeoye emphasized the need for the African
Union to focus on preventive measures to address alarming security trends in
Africa. He highlighted the importance of promoting a culture of respect for human
rights and human dignity, of supporting member states in complying with the
Social Contract of protecting the rights and freedoms of African citizens.
22. Amb. Adeoye called for early warning and response mechanisms within the
African Union to prevent conflict and human rights violations. He mentioned
ongoing reforms to integrate human rights indicators into the African Union
Continental Early Warning System. He stressed the need for collaboration and
synergy among AU organs, including the ACHPR, the African Committee of
Experts on the Rights and Welfare of the Child, and the African Court on Human
and Peoples' Rights, to implement joint preventive measures and provide
technical assistance to member states.
23. In his opening statement, delivered on behalf of the President of the Republic of
The Gambia, Adama Barrow, the Minister of Foreign Affairs, International
Cooperation and Gambians Abroad, of the Republic of The Gambia, H.E. Dr.
Mamadou Tangara, heartily welcomed all participants to The Gambia and
commended the Commission for its human rights engagements for a better Africa.
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24. H.E. Dr. Mamadou Tangara emphasized the need to strengthen intra-African
trade and increase Africa's participation in global trade, as Africa’s current
contribution to global trade is low. He further underscored that the AfCFTA was
seen as an opportunity to boost intra-African trade, create jobs, reduce poverty,
and improve living standards while also pointing outstructural reforms, legal
institutions, infrastructure development, digitalization, energy costs, and
manufacturing capacities as areas to be addressed. He underlined the
commitment of the government of The Gambia to protecting and promoting
human rights, particularly for women, and highlighted its efforts to investigate
past human rights violations. Conflict in Africa was addressed, emphasizing the
need to silence the guns, condemn unconstitutional changes of government, and
work towards a prosperous and peaceful continent.
25. Before finally declaring the 75th Ordinary Session open, H.E. Dr. Mamadou
Tangara concluded by depicting a vision of an Africa that upholds
constitutionalism, democracy, human rights, trade, and unity for the betterment
of its people.
26. A total number of Six hundred and eighty two (682) Participants attended the
Session including: one hundred and sixteen (116) representatives of State
Delegates (Representing 30 States), Ten (10) representatives of various AU
Organs, Fifteen (15) International Organizations (including 7 UN agencies), Six (6)
Diplomatic Missions, Seventy-seven (77) Representatives of NHRIs (From 32
countries), Three hundred and twenty seven (327) Representatives of NGOs, One
hundred and fifteen (115) Other Observers and sixteen (16) Press and Media
Organizations.
27. The representatives of the following Seventeen (17) State Parties made statements
on the human rights situation in their respective countries: Algeria, Angola,
Burkina-Faso, Botswana, Cameroun, Cape Verde, Egypt, Eswatini, Eritrea,
Ethiopia, Equatorial Guinea, Malawi, Mauritania, Sahrawi Arab Democratic
Republic, South Africa, Togo and Zimbabwe.
28. Representatives of Nine (9)1 NHRIs with Affiliate Status with the Commission
made statements on the human rights situation in their respective countries.
29. One (1) International Organization,2 with Observer Status at the Commission also
made statements.
The National Human Rights Council of Algeria, the Independent National Commission on Human
Rights of Burundi, the National Commission on Human Rights and Freedoms of Cameroon, the
National Council for Human Rights of the Arab Republic of Egypt, the Ethiopian Human Rights
Commission, the National Human Rights Commission of Kenya, the Human Rights Commission of
Malawi, the National Human Rights Commission of Mauritania, Sahrawi National Commission for
Human Rights.
1
2 International Committee of the Red Cross (ICRC).
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30. About Thirty-three (33) NGOs with Observer Status at the Commission made
statements on the human rights situation in Africa.3
31. Four (4) State Parties to the African Charter: Egypt, Eritrea, Cameroun and
Zimbabwe exercised their right of reply.
32. 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 Increasing awareness of the Guidelines on Freedom of
Association and Assembly in Africa, for effective implementation;
ii.
Panel on Awareness in support of the treaty against trade of
instruments of torture;
iii.
Panel on the 29th Commemoration of the 1994 Genocide against the
Tutsi in Rwanda;
iv. Panel on African Union Theme of the Year for 2023 “Acceleration of
AfCFTA Implementation”
v.
Panel on Human Rights situation in prisons
vi. Panel on Leveraging Data for meaningful progress towards Economic,
Social and Cultural Rights
vii. Panel on Debate on the Reform of the Judicial and Quasi-Judicial Organs
of the African Union;
viii. Panel on Protection of the Socio-Economic Rights of Refugees and
Migrants at the national level;
ix.
Panel on the official launch of the Guidelines on Adhering to Human
and Peoples’ Rights under the African Charter in the Context of States
of Emergency or Disaster; and
x.
Panel on State Reporting: Sharing best practices;
3
People Opposing Women Abuse (POWA) ; La Voix Des Sans Voix pour les Droits de l'Homme,
DRC ; International Federation for Human Rights (FIDH) ; Center for Reproductive Rights ; ACDHRS ;
Amnesty International ; La Fédération Internationale des Actions des Chrétiens pour l’Abolition de la
Torture (FIACAT) ; East and Horn of Africa Human Right Defenders Project (EHAHRDP) ;
Transformation Resource Center ; Maat for peace, Development and Human Rights ; Independent
Medico-Legal Unit ; Collectif Des Associations Contre L’’impunite Au Togo ; International Federation
of Women Lawyers (FIDA) ; Ligue Tunisienne pour la Défense des Droits de l’Homme ; Equality Now ;
International Lawyers.org ; Strategic Initiative for Women in the Horn of Africa ; Zimbabwe Lawyers
for Human Rights (ZLHR) ; The Human Rights Implementation Centre ; International Service for
Human Rights ; Africa Policing Civilian Oversight (APCOF) ; Centre for Rights Development
(CEMIRIDE) ; Reseau des Defenseurs des Droits de L’Homme en Afrique Centrale; Fédération
Internationale des Ligues Droits de l’Homme ; IPAS Africa Alliance ; Human Rights Awareness and
Promotion Forum ; Center for Reproductive Rights ; Organisation Mondiale Contre la Torture
(OMCT) ; Zimbabwe Human Rights NGO Forum; Minority Rights Group International ;
Association Djazairouna; Open Society South Africa; Institute for Human Rights and Development in
Africa.
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33. The Commission launched the following documents:
i.
ii.
iii.
Guidelines on Adhering to Human and Peoples’ Rights under the African
Charter in the Context of States of Emergency or Disaster;
Guidance note on State Reporting ; and
Report on the production, trade and use of tools of torture in Africa.
34. 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.
35. 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 eight (8) NGOs:
(i) Avocats Sans Frontières Canada/Québec (ASFC) ;
(ii) Coalition ivoirienne des Défenseurs de droits de l'homme (CIDDH);
(iii) Uganda Association of Women Lawyers (FIDA Uganda);
(iv) Tanzania Network of Legal Aid Providers (TANLAP);
(v) Network of Ethiopian Women's Associations (NEWA);
(vi) Youth and Society (YAS);
(vii) The Coalition of Organizations for the Defense of Children's Rights
(CODEDIC); and
(viii) Réseau des Femmes Leaders pour le Développement (RFLD)
36. This brings the total number of NGOs with Observer Status with the Commission
to five hundred and fifty-two (552).
37. The Commission considered the Periodic Reports of the following State Parties:
i.
Combined 12th, 13th, 14th and 15th Periodic Report (2015 to 2023) of the
Republic of Senegal submitted in accordance with Article 62 of the African
Charter; and
ii.
Combined 1st, 2nd, 3rd, 4th, 5th, 6th and 7th (2005 to 2019) Periodic Report of
the Republic of Zambia submitted in accordance with Article 62 of the
African Charter, and Article 26 (1) of the Maputo Protocol.
38. 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.
39. The presentation of these reports raised reactions, contributions and questions
from State delegates, NHRIs and representatives of CSOs.
40. During its private Session, the Commission also considered and adopted the
following documents, with comments and/or amendments:
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i. Concluding Observation on the Periodic Report of Mauritania;
ii. African Guiding Principles on the Human Rights of all Migrants;
iii. Study on African Responses to the Issue of Migrants and the Protection of
Migrants in Africa; and
iv. Joint General Comment on Female Genital Mutilation
41. The Commission considered the following reports:
i. Report of the Chairperson on the intersession oversight activities;
ii. Report of the Secretary to the Commission
42. The Commission considered Nine (9) Communications as follows:
i. Three (3) Communications on Admissibility of which, one (1) was declared
admissible and Two (2) were declared inadmissible;
ii. Two (2) Communications on the Merit;
iii. Three (3) Communications on Strick Outs; and
iv. One (1) Communication on Preliminary Objections.
43. The Commission adopted three (3) Special Mechanisms Resolutions as follows:
i.
ii.
iii.
Resolution on the Appointment of Expert Members of the Committee on
the Protection of the Rights of People Living with HIV and those at Risk,
Vulnerable to and Affected by HIV;
Resolution on the Appointment of Expert Members of the Working Group
on Indigenous Populations/Communities and Minorities in Africa; and
Resolution on the Appointment of an Expert Member of the Working
Group on Economic, Social and Cultural Rights in Africa.
44. The Commission adopted Three (3) Country Resolutions as follows:
i.
ii.
iii.
Resolution on the Situation of Human Rights in Eswatini;
Resolution on the Human Rights Situation in the Republic of Sudan; and
Resolution on the termination of the mandate of the Commission of Inquiry
on the Situation in the Tigray Region of the Federal Democratic Republic
of Ethiopia.
45. The Commission adopted four (4) thematic Resolutions as follows:
i.
ii.
iii.
Resolution on conducting a Study on Integrating Economic, Social and
Cultural Rights in National Development Planning in Africa;
Resolution on conducting a study on Prisons and Conditions of Detention
in Africa;
Resolution on the need for a Study on the situation of human rights
defenders working on sexual and reproductive health rights issues; and
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iv.
Resolution on the celebration of the Nelson Rolihlahla Mandela African
Day in Recognition of his Efforts as a Great Human Rights Defender.
46. The Commission decided to hold its 76th Ordinary Session virtually from 19 July
to 02 August 2023. Details of the next Ordinary Session will be made available on
the Commission’s website in due course.
47. The Commission expresses its sincere gratitude to State Parties, International
Organisations, NHRIs, NGOs and all stakeholders who participated in this
Ordinary Session.
48. 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.
49. The Closing Ceremony of the 75th Ordinary Session took place on 23rd May 2023.
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