FINAL COMMUNIQUE OF THE 42nd ORDINARY SESSION OF THE AFRICAN
COMMISSION ON HUMAN AND PEOPLES’ RIGHTS HELD IN BRAZZAVILLE,
REPUBLIC OF CONGO, FROM 15 th to 28 th November 2007
1. The African Commission on Human and Peoples’ Rights (African Commission), held its 42 nd
Ordinary Session in Brazzaville, Republic of Congo, from 15 th to 28 th November 2007.
2. Commissioner Yassir Sid Ahmed El Hassan, former Vice-Chairperson of the African Commission,
participated at the opening ceremony of the 42 nd Session and spoke on behalf of the outgoing
Chairperson of the African Commission, Madam Salamata Sawadogo.
3. Commissioner Sanji Mmasenono Monageng, the newly elected Chairperson of the Commission,
chaired the deliberations of the Session.
4. The following Members also participated at the Session:
Commissioner Angela Melo – Vice Chairperson;
Commissioner Musa Ngary Bitaye;
Commissioner Reine Alapini-Gansou;
Commissioner Mumba Malila;
Commissioner Bahame Tom Mukirya Nyanduga;
Commissioner Faith Pansy Tlakula;
Commissioner Yeung Kam John Yeung Sik Yuen
Commissioner Catherine Dupe Atoki;
Commissioner Kayitesi Zainabo Sylvie
Commissioner Soyata Maiga
5. Twenty three (23) States Parties, four (4) National Human Rights Institutions, seven (7)
International and Inter-Governmental Organisations and forty one (41) African and International
NGOs were represented at the 42 nd Ordinary Session of the African Commission. Five hundred and
fifty seven (557) delegates altogether participated at the 42 nd Ordinary Session.
6. Several parallel activities were organized in Brazzaville, Republic of Congo to celebrate the African
Commission’s twenty years of existence and to take stock of its achievements. O n the occasion of
these celebrations it was noted that the human rights situation remains a matter of great concern in
some African countries. The African Commission noted that in these past twenty years, the human
rights violations continue to feed the internal armed conflicts in some Member States of the African
Union. There is no doubt that the failure to respect the rights guaranteed under the African Charter
is one of the major causes of internal conflicts in some Member States.
7. As is customary, at the beginning of the Ordinary Session of the African Commission, the Session
was preceded by the Forum of Non-Governmental Organizations (NGOs), organized by the African
Centre for Democracy and Human Rights Studies, which was held from the 10 th to 12 th November
2007. The 54 interest groups within the NGO Forum examined the human rights situation in many
countries in the African region, expressing concern over specific issues such as the situation of the
rights of women and of human rights defenders on the Continent.
8. On the general human rights situation, the NGO Forum lamented t hat after several years, human
rights issues on the African Continent still remain critical. Underscoring the alarming human rights
situation in many parts of the Continent, the Forum declared that Africa’s development is plagued by
ignorance, disease, poverty, hunger, unemployment, violent conflicts, the debt crisis, bad
governance and corruption. Against this background, the Forum noted that t he commemoration of
the 20 th Anniversary of the African Commission serves as a reminder that while we celebrate the
Commission’s coming of age, we should not forget that in many parts of the Continent, intolerance in
all its forms has plunged millions of men, women and children into misery.
9. The Department of Political Affairs of the African Union Commission also organised a series of
activities prior to the 42 nd Session, in particular:
A Workshop on African Constitutions from 5 - 7 November 2007;
A Joint Seminar with the African Commission to celebrate the 20 th Anniversary of the
African Commission on Human and Peoples’ Rights, from 8-9 November 2007;
A Workshop on the Observation of Elections in Africa, from 12-13 November 2007.
10. In his welcoming statement, the former Vice-Chairperson of the African Commission,
Commissioner Yassir Sid Ahmed El Hassan, expressed, on behalf of the Members of the African
Commission, and on his own behalf, his gratitude to the Prime Minister of the Republic of Congo for
accepting to perform the official opening of the Session. He also thanked the Congolese Government
and People on behalf of the African Commission for agreeing to host the 42 nd Ordinary Session.
11. The Vice Chairperson stated that the 42 nd Session marks twenty years of existence of the African
Commission. He stated that despite efforts made by the International community, the human rights
situation in certain parts of the Continent like Somalia, the Darfur region in Sudan, Chad, Democratic
Republic of Congo and Zimbabwe remains a matter of concern, due to the persistence of armed
conflicts and political crises. He also intimated that human rights defenders should be protected from
human rights violations in the context of their activities.
12. Addressing the State Parties to the Charter directly, he informed them that the Commission
continues to receive numerous reports of human rights abuses perpetrated on the Continent. The
Vice-Chairperson further stated that the lack of commitment to fully implement human rights
obligations is giving rise to numerous difficulties on the Continent. The Vice-Chairperson further
lauded the decision of the AU to allow the African Commission to prepare and defend its own budget
and to present a new structure before the Permanent Representative Committee (PRC) of the African
Union to enhance its human capacities and other resources of the Secretariat of the African
Commission. He also referred to the draft revised Rules of Procedure, and the Strategic Plan which
the Commission was to adopt during the session. Finally, he acknowledged that the African
Commission has at times encountered difficulties but it remains steadfast in its resolve to achieve its
mandate.
13. Speaking on behalf of the AU Member States, the Minister of Justice of the Central African
Republic stated that the 42 nd Session is taking place at a time when the issue of human rights has
become a top priority for States Parties and is regarded as an important component of the global
agenda. He indicated that if Africa is to develop, all countries on the Continent must respect human
rights. He acknowledged that Africa is facing numerous human rights challenges which need to be
addressed.
14. Speaking on behalf of the Commission of the African Union, Her Excellency, Mrs Julia Dolly Joiner,
Commissioner for Political Affairs, assured the African Commission of the continued support of the
African Union in the discharge of its mandate and reiterated that the African Commission is an
integral part of the United Nations-African Union 10-year Capacity Building Programme as well as the
Africa-EU Dialogue on Human Rights and Capacity Building issues.
15. The 42 nd Ordinary Session was officially opened by His Excellency Voumba Isidore, Prime
Minister, of the Republic of Congo, responsible for Governmental Coordination and Privatisation. His
Excellency welcomed the African Commission to Brazzaville, the capital of the Republic of Congo. The
Prime Minister intimated that a large number of Africans are ignorant of the existence of the African
Charter and that the popularization of this legal instrument is very important for all African countries.
He stated that by hosting the 42 nd Session, the Congolese Government is proud to contribute to the
dissemination and promotion of the rights enshrined in the African Charter.
16. The Prime Minister also declared that according to the January 2002 Constitution of the Republic
of Congo, all the treaties ratified so far have been integrated into national law, but acknowledged
that a lot more remains to be done for the enjoyment by all Congolese of the rights guaranteed by
the Charter. He noted however that the Republic of Congo is doing its best, adding that freedom of
press, for instance, is guaranteed by law and that prison conditions have also improved. He indicated
that the Government is firmly committed to peace and security, adding that other rights such as the
right to good health, the right to development, and the rights of women and children will remain on
the agenda of the State.
17. Following the election by the Assembly of the Heads of State and Government of the African
Union, of five members to the African Commission in July 2007, the new Commissioners including
Commissioner Angela Melo whose term was renewed, took their oath of office during the 42 nd
Ordinary Session. The five members were:
o
Commissioner Angela Melo;
o
Commissioner Yeung Kam John Yeung Sik Yuen;
o
Commissioner Catherine Dupe Atoki;
o
Commissioner Kayitesi Zainabo Sylvie; and
o
Commissioner Soyata Maiga.
18. In accordance with Article 42 of the African Charter and the relevant provisions of its Rules of
Procedure, CommissionerSanji Mmasenono Monageng was elected Chairperson of the Commission,
and Commissioner Angela Melo, Vice-Chairperson as members of the Bureau for the next two years,
with effect from 15 November 2007.
19. During the Session, the Commission heard statements relating to the human rights situation in
Africa from the representatives of States Parties, including in particular, those from the Republic of
South Africa, Zimbabwe, Cote d’Ivoire, the Republic of Mali, the Sahrawi Arab Democratic Republic,
Senegal, Nigeria, Rwanda, Botswana, Ethiopia and Sudan.
20. Statements were also made by the representatives of Intergovernmental and International
Organisations, by the Network of National African Human Rights Institutions as well as the National
Human Rights Institutions in Africa and Non-governmental organisations (NGOs).
21. In his intervention, the Representative of the Office of the United Nations High Commissioner for
Human Rights, Mr Patrice Vahard informed the Session that tw enty years on, the situation of human
rights on the African Continent remains generally critical. He indicated that the nexus of corruption
and impunity jeopardizes the efforts being deployed in many parts of the Continent to alleviate
poverty and strengthen peace building.
22. Nonetheless, he noted that considerable progress had been registered in the African Continent
and in the world at large in the field of human rights. He also reiterated that the links between
human rights and development on the one hand, and between peace, security and human rights on
the other, are recognised and mainstreamed at the global and regional levels.
23. The Representative of the Non-Governmental Organisations (NGOs), Ms. Colette Letlojane ,
expressed the concern of the NGO Forum regarding the human rights violations brought about by the
exploitation of Africa’s natural resources, and requested the Commission to put in place a Special
Mechanism to work on human rights pertaining to the exploitation of natural resources. She also
expressed the concern of the NGO Forum regarding the persistence of human rights violations
against women, in particular the practice of female genital mutilation and gender-based violence,
and urged States Parties which have not yet done so to ratify the Protocol on the Rights of Women in
Africa.
24. In conformity with Article 62 of the African Charter on Human and Peoples’ Rights, the Periodic
Reports of The Peoples Democratic Republic of Algeria, the Republic of Tunisia and the Republic of
Rwanda were presented to the Commission.
25. Members of the African Commission presented reports of the activities they undertook as
members of the Commission, as well as reports of activities undertaken during the inter-session in
the context of their various special mechanisms and mandates. The Reports of the Special
Rapporteurs on the Rights of Women, Prisons and Conditions of Detention, Freedom of Expression,
Refugees, Asylum Seekers and Internally Displaced Persons were presented, as were reports from
the Chairpersons of the Working Group on the Implementation of the Robben Island Guidelines, and
the Working Group on Indigenous Peoples .
26. The Commission considered the applications for Affiliate Status and decided to grant the said
Status to the following National Human Rights Institutions:
The National Human Rights Commission of Mali;
The National Commission for Human Rights and Liberties of Cameroon
and
This brings the number of NHRIs with affiliate status with the African Commission to 21.
27. The Commission considered the applications for Observer Status and granted the said status to
the following NGOs:
Forum des Organisations nationales des droits de l’homme (FONADH Mauritania)
Centre for Environment and Development ( Cameroon)
Droits de l’homme sans frontiere (DHSF- Chad)
SOS-Kinderdorf International (The Gambia)
African Policing Civilian Oversight (APCOF-South Africa)
Nigerian Bar Association (NBA-Nigeria)
Associa cao Justica, Paz e Democracia (Angola) and
People Opposing Women Abuse (POWA- South Africa)
This brings the number of NGOs with Observer Status with the African Commission to 375.
28. The African Commission considered and adopted the Report of the fact-finding mission to the
Republic of Mali and to the Islamic Republic of Mauritania.
29. The Commission also adopted its 2008-2012 Strategic Plan.
30. The African Commission reiterated its decision to organise seminars on the following topics in
2008:
- Consultations with the Partners on the Rights of Indigenous Populations in March 2008,
- A Conference on Strategic Partnering for Human Rights in Africa in April 2008.
31. The African Commission appointed the following Commissioners and individuals to head and
serve as members of the following mechanisms, effective from 28 November 2007:
► Commissioner Soyata Maiga - Special Rapporteur on the Rights of Women.
► Commissioner Kayitesi Zainabo Sylvie - Chairperson of the Working Group on the Death Penalty.
Commissioner Bahame Tom Mukirya Nyanduga was appointed member of the Working Group on the
Death Penalty.
The following experts were appointed members of the Working Group:
Mrs. Alya Cherif Chammari;
Mrs. Alice Mogwe;
Mr. Mactar Diallo;
Professor Philip Francis Iya;
Professor Carlson E. Anyangwe; and
Professor Mohamed S. El-Awa.
► Commissioner Musa Bitaye - Chairperson of Working Group on Indigenous
Populations/Communities. The following were also appointed members or their membership
renewed in the Working Group on Indigenous Populations/ Communities:
- Commissioner Mumba Malila – member (membership renewed)
- Commissioner Soyata Maiga – member
- Marianne Jensen – member (membership renewed)
- Kalimba Zepharin – member (membership renewed)
- Mohammed Khattali - member (membership renewed)
- Dr Naomi Kipuri – member (membership renewed)
- Dr. Albert Barume – member
- Mr Melakon Tegegn - member
► Commissioner Angela Melo - Chairperson of Working Group on Specific Issues. The following
persons were also appointed members or their membership renewed in the Working Group on
Specific Issues:
- Commissioner Faith Pansy Tlakula – member (membership renewed)
- Commissioner - Kayitesi Zainabo Sylvie– member
- Ibrahima Kane – member (membership renewed)
- Chidi Odinkalu – member (membership renewed)
- Julia Harrington – member (membership renewed)
- Alpha Fall – member (membership renewed)
► Commissioner Angela Melo - Chairperson of the Working Group on Economic and Social Rights:
The following were also appointed members of the Working Group on Economic and Social Rights:
- Commissioner Catherine Dupe Atoki – member
- Ibrahima Kane - member
► Commissioner Catherine Dupe Atoki- Chairperson of the Follow up Committee on the
Implementation of the Robben Island Guidelines. The following persons were also appointed
members or their membership renewed in the Follow up Committee on the Implementation of the
Robben Island Guidelines:
- Mr Jean-Baptiste Niyizurugero - Vice Chairperson (membership renewed)
- Mrs. Hannah Forster – member (membership renewed)
- Ms. Leila Zerrougui – member (membership renewed)
- Ms Karen McKenzie – member (membership renewed)
- Malick Sow - member (membership renewed)
► Commissioner Yeung Kam John Yeung Sik Yuen - Chairperson, Focal Point on the Rights of the
Elderly. The following persons were also appointed members:
- Commissioner Reine Alapini Gansou – member
- Yassir Sid Ahmed El Hassan
► The African Commission renewed the appointment of Commissioner Mumba Malila, as Special
Rapporteur on Prisons and Conditions of Detention in Africa.
►The African Commission renewed the appointment of Commissioner Faith Pansy Tlakula – as
Special Rapporteur on Freedom of Expression in Africa. The mandate was also expanded to include
“Access to Information.”
►The African Commission renewed the appointment of Commissioner Reine Alapini-Gansou as
Special Rapporteur on Human Rights Defenders.
► The African Commission renewed the appointment of Commissioner Bahame Tom Mukirya
Nyanduga as Special Rapporteur for Refugees, Asylum Seekers, Internally Displaced Persons and
Migrants in Africa.
32. Each Commissioner was entrusted with the responsibility of carrying out promotional activities in
the State Parties to the African Charter as follows:
Commissioner Sanji Mmasenono Monageng: Liberia, Lesotho, Mauritius and Mozambique
Commissioner Dr Angela Melo: Angola, Sao Tome and Principe, Cape Verde, Equatorial Guinea and
Guinea Bissau
Commissioner Musa Ngary Bitaye: Ghana, Sierra Leone, Nigeria and Zimbabwe
Commissioner Reine Alapini-Gansou: Cameroon, Democratic Republic of Congo, Senegal, Togo,
Tunisia and Mali
Commissioner Mumba Malila: Kenya, Malawi, Uganda and Tanzania
Commissioner Bahame Tom Mukirya Nyanduga: Eritrea, Botswana, Seychelles, South Africa and
Rwanda
Commissioner Faith Pansy Tlakula: The Gambia, Namibia, Swaziland and Zambia
Commissioner Yeung Kam John Yeung Sik Yuen: Madagascar, Comoros, Sawahri Democratic Republic,
Chad, Benin.
Commissioner Catherine Dupe Atoki: Egypt, Ethiopia, Somalia, Djibouti and Sudan
Commissioner Kayitesi Zainabo Sylvie: Burkina Faso, Burundi, Algeria, Mauritania and Cote d’Ivoire
Commissioner Soyata Maiga: Central African Republic, Niger, Guinea, Libya and Gabon
33. The African Commission adopted the following resolutions:
● Resolution on the Appointment of the Chairperson and Members of the Working Group on
Economic, Social and Cultural Rights in Africa;
● Resolution on the Renewal of the Mandate of the Special Rapporteur on Refugees, Asylum Seekers,
Internally Displaced Persons and Migrants in Africa;
● Resolution on the Renewal of mandate and Appointment of the Chairperson and Members of the
Follow-up Committee on the Implementation of the Robben Island Guidelines;
● Resolution on the Renewal of the mandate and Appointment of the Chairperson of the Working
Group on the Death Penalty;
● Resolution on the Creation and Appointment of the Focal Point on the Rights of Older Persons in
Africa;
● Resolution on the Situation of Human Rights Defenders in Africa;
● Resolution on the Renewal of the Mandate of the Special Rapporteur on Human Rights Defenders
in Africa;
● Resolution on the Renewal of the Mandate and Composition of the Working Group on Specific
Issues Relevant to the Work of the Commission;
● Resolution on the upcoming elections and the situation of freedom of expression in Zimbabwe;
● Resolution on the Renewal of the Mandate and Appointment of the Special Rapporteur on Prisons
and Conditions of Detention in Africa;
● Resolution on the Ratification of the African Charter on Democracy, Elections and Good
Governance;
● Resolution on the Expansion of the Mandate and the Appointment of the Special Rapporteur on
Freedom of Expression and Access to Information in Africa;
● Resolution on the Renewal of the Mandate and the Appointment of the Special Rapporteur on the
Rights of Women in Africa;
● Resolution on the Composition and Renewal of the Mandate of the Working Group on Indigenous
Populations/Communities in Africa;
Resolution on Right to a Remedy and Reparation for Women and Girls Victims of Sexual
Violence;
Resolution on the United Nations Declaration of the Rights of Indigenous Peoples;
Resolution on Migration and Human Rights in Africa; and
Resolution of Strengthening the Responsibility to Protect in Africa.
34. The African Commission considered 81 Communications: it was seized with 11; it considered 42
on admissibility, 27 on the merits and 1 on review.
35. The African Commission adopted its Twenty Third (23 rd ) Activity Report which will be submitted
to the 12 th Ordinary Session of the Executive Council of the African Union and the 10 th Summit of
the Assembly of Heads of State and Government of the African Union, which is scheduled to take
place in January 2008 in Addis Ababa, Ethiopia.
36. The African Commission decided to hold its 43 rd Ordinary Session from 15 – 29 May 2008 at a
venue to be determined in due course.
37. The African Commission expresses its sincere appreciation and profound gratitude to the
Government and People of the Republic of Congo for the facilities placed at its disposal, and for the
warm welcome and hospitality accorded to the participants, all of which contributed to the excellent
outcome and success of the deliberations of its 42 nd Ordinary Session.
38. The closing ceremony of the 42 nd Ordinary Session took place on the 28 th November 2007 in
Brazzaville, Republic of Congo.
39. The Chairperson of the African Commission held a Press Conference after the closing ceremony.
Done in Brazzaville, Republic of Congo, 28 November 2007