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 59th Ordinary Session of the African Commission on
Human and Peoples’ Rights
21 October to 4 November 2016
Banjul, Islamic Republic of The Gambia
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1. In commemoration of the African Year of Human Rights with particular focus on
the rights of women, the African Commission on Human and Peoples’ Rights (the
Commission) jointly held the 59th Ordinary Session of the Commission and the 28th
Ordinary Session of the African Committee of Experts on the Rights and Welfare
of the Child from 21 October to 4 November 2016 in Banjul, Islamic Republic of
The Gambia.
2. The following Members of the Commission participated in the 59th Ordinary
Session:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
Honourable Commissioner Pansy Tlakula, Chairperson;
Honourable Commissioner Soyata Maïga, Vice-Chairperson;
Honourable Commissioner Reine Alapini-Gansou;
Honourable Commissioner Yeung Kam John Yeung Sik Yuen
Honourable Commissioner Kayitesi Zainabo Sylvie;
Honourable Commissioner Lucy Asuagbor;
Honourable Commissioner Med S.K. Kaggwa;
Honourable Commissioner Maya Sahli-Fadel;
Honourable Commissioner Lawrence Murugu Mute;
Honourable Commissioner Jamesina Essie L. King; and
Honourable Commissioner Solomon Ayele Dersso.
3. The joint ceremony was officially opened by Honourable Mama Fatima
Singhateh, Attorney General and Minister of Justice representing the Vice
President and Minister of Women Affairs of the Islamic Republic of The Gambia.
4. In her opening statement, the Attorney General and Minister of Justice recognized
that women across the African continent have come a long way since the inception
of the Banjul Charter; and that there have been many obstacles along the way but
some have resulted in numerous milestones celebrated. She also noted that,
however, many women in Africa continue to be victims of human rights
violations, such as domestic violence, customary tradition, many of which fail to
acknowledge the rights of women especially in relation to inheritance by women,
sexual violence and abuse, equal access to education, and equal sexual and
reproductive health services. She also underscored the progress made by the
Islamic Republic of The Gambia in the promotion and protection of the rights of
women, including through the enactment of the Women’s Act of 2010, the
Domestic Violence Act 2013, the Sexual Offences Act of 2013, amended the
Women’s Act in 2015, prohibiting Female Genital Mutilation in The Gambia and
amended the Children’s Act in 2016, abolishing child marriage. She also hoped
that the 59th Ordinary Session would open the platform for fruitful deliberations
whilst celebrating women in all spheres of life for their contribution to society and
the continent as a whole.
5. During the opening ceremony, Mrs Hannah Forster, Executive Director of the
African Centre for Democracy and Human Rights Studies, speaking on behalf of
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the NGOs Steering Committee, stated that the NGO Forum considered specific
human rights issues relating to the human rights situation in Africa and the rights
of women in Africa, and noted some of the positive developments, including the
criminalisation of torture, the banning of female genital mutilation, the campaign
against early and or forced child marriage and the Campaign on the
Decriminalization of Abortion in Africa. She also highlighted the existing
challenges and recommended to the Commission to urge State parties to ratify,
domesticate and implement the Protocol to the African Charter on the Rights of
Women in Africa; and to ensure that women have access to information and
services, with the necessary resources which will enable them to contribute more
effectively. She reiterated the commitment of the NGO Forum to continue to work
in collaboration with the Commission in order to strengthen efforts aimed at
promoting and protecting human rights and good governance in Africa. Mrs.
Forster concluded by acknowledging the support and contribution of the
Commission and other partners in ensuring successful commemorative
celebrations.
6. Mrs. NIRERE Madeleine, Vice Chairperson of the Network of African National
Human Rights Institutions (NANHRI), representing the Members of NANHRI
noted the many strides which the African continent under the leadership of the
African Union (AU) and its organs has made towards the realization of human
rights for all Africans including with the adoption of many human rights
instruments, which in many ways are unique and speak to the realities of Africans.
She also urged State Parties, to put in place structures to work with different actors
for the realization of human rights and in particular, with National Human Rights
Institutions (NHRIs) within a conducive environment as well as provide them
with adequate support. She further noted the commitments of the AU and its
organs to prioritize the mainstreaming of the participation of women and youth
in all the actions of the Union in the Continent and urged all parties to contribute
to the realization of women’s rights as provided in the Protocol to the African
Charter on Human and Peoples Rights on the Rights of Women in Africa (Maputo
Protocol) and other similar instruments. She also highlighted the many challenges
that hinder the realization of human rights in the continent particularly the issue
of democratic governance and called on the AU to utilize its powers to secure
member states commitment to democracy, the rule of law and constitutional
government. She reiterated the commitment of NHRIs to work with all the AU
organs and institutions to address the challenges facing the realization of human
rights in the continent within the framework of the Memorandum of
Understanding signed between NANHRI and the African Union Commission
(AUC) in March this year.
7. Honourable Susan Shabangu, Minister of Women in the Presidency of the
Republic of South Africa, representing the African Union Member States,
highlighted that the declaration of 2016 as the "Year of Human Rights, with
Particular Focus on the Rights of Women” though necessary is not sufficient to
ensure gender equality and women’s empowerment. Additionally the
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conventions, declarations, protocols and policies adopted by the Heads of States
must be implemented and periodically assessed to evaluate their impact on
women. She also highlighted the multitude of barriers faced by women and girls
in Africa which affects the full enjoyment of their human rights. She also
recognized some of the efforts taken in Africa such as Agenda 2063 and the
legislative, policy and other measures taken in South Africa to promote and
protect the rights of women and girls. She concluded by reiterating the continuous
phenomenon of violence against women in South Africa and the steps the
Government is taking to tackle the problem.
8. Prof. Daniel Makiesse Mwana wa Nzambi, Acting Chairperson of the African
Union Commission on International Law, indicated that the 59th Ordinary Session
of the African Commission on Human and Peoples’ Rights provided an
exceptional opportunity to underscore three main issues, namely: the situation of
humanity prior to the collective commitment in favour of women’s rights; the
global watershed with the recognition of women’s rights; and the momentum of
community promotion of women’s rights in the context of humanity’s
development. He further added that without women’s inclusion in
implementation activities, in particular regarding development goals and the
Agenda 2063, it would be difficult to achieve the desired results. He ended by
underscoring that the world’s development can only be achieved through the
promotion of women and their involvement in the implementation process.
9. The Chairperson of the African Union Advisory Board on Corruption, Honourable
Daniel Batidam in his intervention, he thanked the Commission for the invitation
and noted that this was his maiden attendance to the Commission’s session in his
capacity as the Chairperson of the African Union Advisory Board on Corruption
(AUABC). He also thanked the Commission and the other organs and
Departments of the AU that worked together to organize the joint session. He also
stated that women constitute more than half of Africa’s population; yet, they are
still relegated to the background, and remain a minority at the public policy, the
private and public work-force and decision making levels across the continent.
That the African Union theme for this year, is a clarion call for all Africans and
friends of Africa to promote and support human rights in general, and the rights
of women in particular. He further stated that collective responsibility for human
rights explain why the African Commission on Human and People’s Rights was
one of the key stakeholders that facilitated the process leading to the establishment
of the African Union Advisory Board on Corruption, with the goal to tackle the
gross violation of socio-economic rights in Africa. He concluded by urging all
participants to contribute their ideas and suggestions on how best to promote and
protect human rights in general and women’s rights in particular, in Africa.
10. Honourable Justice Sylvain Oré, President of the African Court on Human and
Peoples’ Rights, began his statement by indicating that the meeting in Banjul of
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the three main organs responsible for human rights protection and promotion on
the continent was undeniably a strong signal. He however called for a selfintrospection rather than a passionate celebration. He noted that in spite of the
massive ratification of the Maputo Protocol on the rights of women, expectations
about the volume of litigation have been disappointing. This finding is
disappointing in view of the serious violations experienced by African girls and
women. He further expressed concern at the lack of a well-defined and structured
mechanism for the enforcement of the decisions of African human rights organs.
He underscored the responsibility of States in realising the full enjoyment of rights
by giving priority to the establishment of effective monitoring and implementation
mechanisms. He encouraged States to ratify the various human rights instruments,
in particular the Protocol on the establishment of the African Court and insisted
on the importance for States to make the Declaration under Article 34(6) of the
Protocol. He also reiterated the importance of the complementarity between the
various organs, towards an effective protection of populations. He concluded by
assuring that the African Court is committed towards complementarity, and
towards a future where the authority of human rights organs is respected and
where human rights prevail.
11. In his statement, the second Vice-Chairperson of the African Committee of
Experts on the Rights and Welfare of the Child, Mr. Joseph Ndayisenga reiterated
that the rights of the child are an integral part of human rights; hence the adoption
of the African Charter on the Rights and Welfare of the Child, which provides for
a Committee in charge of monitoring its implementation. He stated that the
Committee has undertaken tremendous work, including the examination of 38
periodic reports on the implementation of the Charter, received about ten
communications, conducted investigation missions in certain States Parties,
adopted general comments to guide Member States and stakeholders on the
implementation of certain articles of the Charter, undertook studies and research
on various themes relating to the rights and welfare of the child and prepared an
African Agenda on the Rights and Welfare of the Child for the next 25 years called
“Agenda 2040”. He also pointed out that Children in Africa cannot be fully
protected unless the African Charter on the Rights and Welfare of the Child is
ratified by all Member States and urged Member States that have not yet ratified
the Charter to accelerate the process in order to provide the guaranteed protection
to children living in their territory. He also stated that children continue to face
several challenges, in particular violence, abuse, trafficking, harmful traditional
and other practices. He concluded by calling on everyone to protect the rights of
children and guarantee their wellbeing.
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12. H.E. Dr Nkosazana Dlamini Zuma, Chairperson of the African Union Commission
in her statement read by Dr Aisha Laraba Abdullahi, Commissioner for Political
Affairs stated that the vision of a peaceful, united and prosperous Africa set out in
Agenda 2063 can be achieved through sound planning and results-oriented
policies and actions. That the realization of our common vision of a united and
prosperous Africa anchored on a culture of human rights as envisaged by Agenda
2063 requires our common resolve. She emphasized that the African Human
Rights system is structured in such a way that it protects human and the collective
rights of people. That though civil and political rights remain a challenge in Africa,
the biggest challenge relates to the promotion and protection of socio-economic
and cultural rights. These require us to focus on how best to advance rights that
address underdevelopment, poverty, inequality, marginalisation and exclusion on
our continent as we make concerted efforts towards effective implementation of
Agenda 2063: The Africa We Want. She also stated that in order to promote gender
equality as we advance these socio-economic rights, we need to make deliberate
efforts to empower African women socio-culturally, politically and economically.
That the role of women and youth in the promotion and protection of Human and
People’s Rights in Africa is therefore instrumental in realizing the aspirations of
Agenda 2063. That another important milestone was the Decision of the AU
Summit in January 2011 to establish a Pan-African Governance Architecture and
its Platform to support Member States in their efforts to promote democratic
governance, constitutionalism and rule of law, democratic elections and human
rights at the national level. She also sought the support of the Commission to
explore the possibility of issuing a recommendation to support the Declaration by
our Heads of State and Government of 2017 as the year of youth in Africa under
the theme “Harnessing the Demographic Dividend through Investments in Youth”.
13. In her opening statement, the Chairperson of the Commission, Commissioner
Pansy Tlakula, gave a background to the historic nature of the 59 th Ordinary
Session. She stated that this ordinary session marking the commemoration of the
30th anniversary of the African Charter, presented an opportunity to reflect on the
achievements made since its adoption and the challenges that impeded the
effective realization of the rights enshrined therein. That some of these
achievements include the establishment of the African Commission almost thirty
years ago, the establishment of other organs and institutions with a human rights
mandate, such as the African Court and others that were represented during the
opening of the session as well as mechanisms to coordinate the activities of these
organs. She also stated that the AU has adopted a number of human rights
instruments to enhance the enjoyment of human rights and Agenda 2063, which
is a Pan African Vision of the Africa We Want in 2063. She further highlighted a
number of declarations, principles, guidelines and general comments adopted by
the Commission to elaborate the meaning and scope of the rights provided for in
the African Charter as well as the significant progress made in the promotion and
protection of human rights on our continent, particularly civil and political rights.
She stated that despite the above achievements, a lot still remains to be done and
African leaders have to take urgent measures to address the challenges that are
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facing our countries. She concluded by reiterating the essential objectives of the
African Charter -freedom, equality, justice and dignity which should guide us to
the Africa we want to enhance the protection of human rights in Africa.
14. Honourable Commissioner Pansy Tlakula presided over the 59th Ordinary
Session.
15. A total of five hundred and eighty-one (581) Delegates participated in the 59th
Ordinary Session; with one hundred and twenty-nine (129) representing twentysix (26) Member States, thirty-one (31) representing the African Union and its
Organs, thirty-nine (39) representing National Human Rights Institutions
(NHRIs), thirteen (13) representing international and inter-governmental
organisations, two hundred and ninety-eighty (298) representing nongovernmental organisations (NGOs), and forty-five (45) representing other
observers and the media.
16. During the 59th Ordinary Session, the Commission organised and facilitated the
following events:
i.
A Human Rights Dialogue; and
ii.
An Intergenerational Dialogue on human rights issues affecting the Youth.
17. In contribution towards strengthening the Rights of Women in Africa, the
ACHPR’s Special Mechanisms also organized the following panels:
i.
Panel by the Special Rapporteur on the Rights of Women in Africa;
ii.
Panel
by
the
Working
Group
on
Indigenous
Populations/Communities in Africa;
iii.
Panel by the Special Rapporteur on Refugees, Asylum Seekers,
Migrants and Internally Displaced Persons;
iv.
Panel by the Committee for the Prevention of Torture in Africa;
v.
Panel by the Working Group on Extractive Industries, Environment
and Human Rights Violations;
vi.
Panel by the Working Group on Economic, Social and Cultural Rights;
vii.
Panel by the Special Rapporteur on Prisons, Conditions of Detention
and Policing in Africa;
viii. Panel by the Committee on the Protection of the Rights of People
Living With HIV (PLHIV) and Those at Risk, Vulnerable to and
Affected by HIV;
ix.
Panel by the Special Rapporteur on Freedom of Expression and Access
to information;
x.
Panel by the Special Rapporteur on Human Rights Defenders;
xi.
Panel by the Working Group on the Rights of Older Persons and
People with Disabilities; and
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xii.
Panel by the Working Group on Death Penalty and Extra-Judicial,
Summary or Arbitrary Killings in Africa.
18. Representatives of the following twenty-five (25) States Parties made
statements on the human rights situation in their respective countries:
People’s Democratic Republic of Algeria, Republic of Angola, Republic of
Burkina Faso, Republic of Cameroon, Republic of Chad, Republic of Cote
d’Ivoire, Democratic Republic of Congo, Arab Republic of Egypt, State of
Eritrea, Federal Democratic Republic of Ethiopia, Islamic Republic of the
Gambia, Republic of Ghana, Republic of Kenya, Kingdom of Lesotho,
Republic of Liberia, Republic of Malawi, Islamic Republic of Mauritania,
Republic of Niger, Federal Republic of Nigeria, Republic of Senegal, Republic
of South Africa, Republic of The Sudan, Kingdom of Swaziland, Republic of
Togo and Republic of Uganda.
19. Representatives of National Human Rights Institutions (NHRIs) of Côte
d’Ivoire, Niger, Kenya, Liberia, Rwanda, South Africa, Sudan and Uganda
made statements on the human rights situation in their respective countries.
20. Thirty-five (35) NGOs having Observer Status with the Commission also
made statements on the human rights situation in Africa.
21. The Commission discussed the status of its relationship and cooperation with
National Human Rights Institutions (NHRIs) and Non-Governmental
Organizations (NGOs).
22. The Commission presented an update on the status of submission of NHRIs
periodic reports.
23. The Commission granted Observer Status to the following six (6) NGOs in
accordance with the Resolution on the Criteria for Granting and Enjoying
Observer Status to NGOs Working in the Field of Human and Peoples’
Rights:
i.
Kenya Legal and Ethical Issues Network on HIV/AIDS;
ii.
National Coalition of Human Rights Defenders – Kenya;
iii.
Tshwaranang Legal Advocacy Centre; South Africa;
iv.
The Great Lakes Initiative for Human Rights and Development;
v.
The International Center for Not-for-Profit Law [USA]; and
vi.
La Clinique Juridique d l’Université de Goma.
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24. To date, the Commission has granted Observer Status to five hundred and
four (504) NGOs.
25. The Commission presented an update on the status of submission of State
Parties periodic reports. In accordance with Article 62 of the African Charter
and Article 26 of the Maputo Protocol, the Commission considered the
periodic reports of the following two (2) State Parties:
i.
Republic of Mauritius; and
ii.
Republic of Côte d’Ivoire
26. The following Members of the Commission presented their reports on
activities undertaken during the intersession period in their capacities as
Commissioners, as well as reports of their various subsidiary Mechanisms:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
Chairperson of the Working Group on Communications;
Special Rapporteur on Freedom of Expression and Access to Information;
Chairperson
of
the
Working
Group
on
Indigenous
Populations/Communities in Africa;
Special Rapporteur on the Rights of Women in Africa;
Special Rapporteur on Human Rights Defenders;
Special Rapporteur on Prisons, Conditions of Detention and Policing in
Africa;
Special Rapporteur on Refugees, Asylum Seekers, Migrants and Internally
Displaced Persons;
Chairperson of the Working Group on the Rights of Older Persons and
People with Disabilities;
Chairperson of the Working Group on Extractive Industries, Environment
and Human Rights Violations;
Chairperson of the Working Group on Death Penalty and Extra-Judicial,
Summary or Arbitrary Killings in Africa;
Chairperson of the Committee for the Prevention of Torture in Africa;
Chairperson of the Committee on the Protection of the Rights of People
Living With HIV (PLHIV) and Those at Risk, Vulnerable to and Affected
by HIV; and
Chairperson of the Working Group on Economic, Social and Cultural
Rights.
27. The Commission considered and adopted the following documents:
i.
Concluding Observations on the Periodic Report of the Republic of
Mali;
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ii.
iii.
iv.
v.
Report of the Promotion Mission to the Republic of Senegal;
Status of Allotment (2016 Budget);
2017 Budget; and
Revision of the Criteria for the Granting of Observer Status.
28. The Commission considered and made observations on the following
documents:
i.
Draft Joint General Comment on Child Marriage (ACHPR and
ACERWC);
ii.
Concluding Observations on the Periodic Report of Burkina Faso;
iii.
Draft Principles and Operational Standards for Policing of Assemblies
by Law Enforcement Officials in Africa; and
iv.
Draft Guidelines on Freedom of Association and Assembly in Africa.
29. The Commission decided that it would participate in the Arusha Meetings in
November and would be represented by the following Commissioners:
i.
Commissioner Med. S.K. Kaggwa; and
ii.
Commissioner Maya Sahli Fadel.
30. The Commission adopted the following ten (10) Resolutions:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
Resolution on the Appointment of an Expert Member to the Working
Group on Indigenous Populations/Communities in Africa;
Resolution on the Appointment of an additional Expert Member of the
Working Group on Economic, Social and Cultural Rights in Africa;
Resolution on Developing Reporting Guidelines with respect to the
Extractive Industries;
Resolution on the Human Rights Situation in the Federal Democratic
Republic of Ethiopia;
Resolution on the Human Rights Situation in the Republic of Burundi;
Resolution on the Human Rights Situation in the Democratic Republic
of Congo;
Resolution on the Human Rights Situation in the Gabonese Republic;
Resolution on the Human Rights Situation in the Islamic Republic of
The Gambia;
Resolution on the Right to Freedom of Information and Expression on
the Internet in Africa; and
Resolution on the need to Develop Guidelines on Policing and
Assemblies in Africa.
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31. The Commission considered fifteen (15) Communications:
i.
Thirteen (13) Communications on Seizure: eleven (11) were seized, two
(2) were not seized, three (03) requests for Provisional Measures were
granted and one (01) was deferred;
ii.
Two (2) Communications on Admissibility: One (1) declared admissible
and (1) declared inadmissible.
32. The Commission also provided guidance on six (6) Communications and on issues
relating to the transmission of documents to State Parties in the AU working
languages.
33. The Commission considered and adopted the following:
i.
ii.
iii.
The Report of the Chairperson on the 27th AU Summit;
Update on Partner Support; and
The Report of the Secretary to the Commission.
34. The Commission decided to undertake promotion missions to the following
countries:
i.
ii.
Islamic Republic of Mauritania, 15 to 21 December 2016; and
Federal Republic of Nigeria, 21 to 30 November 2016.
35. The Commission decided to hold its 21th Extraordinary Session from 23
February to 4 March 2017.
36. The Commission decided to hold its 60 th Ordinary Session from 8 to 22 May
2017 in Niamey, Republic of Niger.
37. The Commission expresses its appreciation to all participants and partners
who contributed at various levels to the successful organisation and conduct
of the 59th Ordinary Session.
38. The Commission expresses its profound gratitude to the Government of the
Islamic Republic of The Gambia for accepting to host the Session and for
providing the Commission with the necessary facilities which greatly
contributed to the smooth conduct and success of the Session, and for the
warm welcome and hospitality extended to participants at the 59th Ordinary
Session.
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39. The closing ceremony of the 59th Ordinary Session was held on 4 November
2016 in Banjul, Islamic Republic of The Gambia.
Done in Banjul, Islamic Republic of The Gambia, on 4 November 2016
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