AFRICAN UNION
UNION AFRICAINE
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@achpr.org; Web www.achpr.org
Final Communiqué of the 60th Ordinary Session of
the African Commission on Human and Peoples’
Rights
Niamey, Republic of Niger
8 to 22 May 2017
1.
The African Commission on Human and Peoples’ Rights (the Commission) held
its 60th Ordinary Session in Niamey, Republic of Niger, from 8 to 22 May 2017.
2.
Honourable Commissioner Pansy Tlakula presided over the opening ceremony of
the Session, in her capacity as Chairperson of the Commission.
3.
The opening ceremony was graced by the presence of H. E. Issoufou
Mahamadou, President of the Republic of Niger, who proceeded to declare the
Session open.
4.
The following Members of the Commission participated in the Session:
• Honourable Commissioner Pansy Tlakula;
• Honourable Commissioner Soyata Maiga;
• Honourable Commissioner Reine Alapini-Gansou;
• Honourable Commissioner Lucy Asuagbor;
• Honourable Commissioner Kayitesi Zainabo Sylvie;
• Honourable Commissioner Med Kaggwa;
• Honourable Commissioner Maya Sahli-Fadel;
• Honourable Commissioner Lawrence Murugu Mute;
• Honourable Commissioner Jamesina Essie L. King; and
• Honourable Commissioner Solomon Ayele Dersso.
5.
Honourable Commissioner Yeung Kam John Yeung Sik Yuen was absent with
apologies, Honourable Commissioner Pansy Tlakula participated from 8 to 15
May 2017, and Honourable Commissioner Med S.K Kaggwa participated from 13
to 22 May 2017.
6.
During the opening ceremony, welcoming participants, the Governor of Niamey,
Mr. Hamidou Garba, stated that the holding of the Commission’s 60th Ordinary
Session in Niamey was of significant symbolic and historic value to the country.
He stated that as the Host State, Niger is confident that the observations and
recommendations resulting from the Session would contribute to the promotion
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and protection of human rights in all State Parties to the African Charter on
Human and Peoples’ Rights (the African Charter).
7.
Mrs. Hannah Foster, speaking on behalf of the NGO Forum on the Participation of
NGOs in the Work of the Commission, stated that the Forum recognised positive
developments in the area of human rights and democracy in Africa, such as the
successful conduct of credible elections in Benin and Ghana, and the peaceful
resolution of the post electoral crisis in The Gambia. She also highlighted some
negative developments such as forced migration and human trafficking, and the
increasing number of refugees and internally displaced persons, as well as young
economic migrants who perish in the Mediterranean Sea. Mrs Forster reiterated
the importance of fostering the involvement of youth in the development and
maintenance of democracy and nation building through inclusive participation, in
line with the African Union (AU) theme for 2017: “Harnessing the Demographic
Dividend through Investments in Youth”.
8.
Mrs Madeleine Nirere speaking on behalf of the Network of African National
Human Rights Institutions (NANHRI), expressed confidence that the new AU
Commission leadership will steer the process started and accelerate realisation of
the continent’s aspirations as articulated in Agenda 2063. She added that the
recommendations for institutional reform of the AU, proposed during the January
2017 Summit reflects the commitment to strengthen coherence and collaboration
between the AU, and other partners in the realisation of human rights in the
continent. Mrs Nirere further stated that the reforms will potentially lead to
effective implementation of the AU’s programmes as well as decisions and
judgments of the African human rights bodies with a human rights mandate. Mrs
Nirere indicated that national human rights institutions (NHRIs) will continuously
monitor and report on the extent to which states adhere to their human rights
obligations.
9.
Speaking on behalf of AU Member States, His Excellency Abubacarr Tambadou,
Attorney General and Minister of Justice of the Republic of The Gambia,
acknowledged that the continent continues to make steady progress in the
promotion and protection of human rights as evidenced by the adoption of laws
and the establishment of institutions pertinent to the advancement of human
rights. He also recognised that challenges remain, including conflicts, money
laundering and corruption, and inadequate resources. He underscored the need
for synergy as well as innovative approaches to address these challenges. H.E. Mr
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Tambadou stressed the need to strengthen the Commission and to give it the
support it requires to carry out its work for the African people.
10.
Mr Andrea Ori, Regional Representative of the Office of the High Commissioner
for Human Rights (OHCHR), highlighted trends in the human rights situation in
Africa and indicated OHCHR’s efforts to strengthen the human rights framework
in Africa. He noted that peace and development are not sustainable unless there is
respect for human rights. He stressed that joint preventive action, including
preventive diplomacy by the AU and the United Nations (UN) should be
strengthened and used more decisively to avoid the escalation of conflict and
situations of abuse of authority, as was successfully done in The Gambia.
11.
In her statement, Honourable Brigitte Mabandla, Vice-Chairperson of the African
Peer Review Mechanism (APRM) Panel of Eminent Persons, commended the
strides made by the Commission in strengthening the network on building African
institutions for democracy and human rights, and noted that the Commission is
crucial to the promotion and protection of human and peoples’ rights on the
continent. She added that the work of the Commission has been significantly
impactful in relation to constitutionalism, and the promotion and protection of the
rights of women, refugees and internally displaced persons, and vulnerable
groups. Honourable Mabandla further noted that the African Charter mandates
the Commission to cooperate with other African institutions concerned with the
promotion and protection of human and peoples’ rights. She stated that it is in this
spirit of cooperation that the Commission enabled the tabling of APRM reports at
the 60th Ordinary Session of the Commission in accordance with paragraph 25 of
the APRM Base Document.
12.
In her opening statement, the Chairperson of the Commission, Honourable
Commissioner Pansy Tlakula, expressed her sincere gratitude to the Government
of Niger for hosting the 60th Ordinary Session of the Commission. She thanked the
various stakeholders of the Commission for attending the Session. Honourable
Pansy Tlakula also acknowledged the attendance of the Delegation from the
Kingdom of Morocco, and encouraged the State to take the diligent measures
necessary for ratifying the African Charter, to ensure the promotion and protection
of human and peoples’ rights in its territory, and its active participation in the
Commission’s proceedings.
13.
She also congratulated the new African Union Commission leadership, and
conveyed the Commission’s continued commitment to work in partnership with
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the leadership to further human rights in the continent in fulfilment of their joint
mandate.
14.
She remarked that 2017 marks the 30th anniversary of the Commission, which was
inaugurated on 2 November 1987, following the entry into force of the African
Charter on 21 October 1986. She added that the commemoration of this significant
anniversary will provide the Commission and its stakeholders the opportunity to
reflect on its past achievements and present endeavours. She called on
stakeholders to join the Commission for the 30th anniversary celebration on the
margins of its 61st Ordinary Session.
15.
On the situation of human rights, the Chairperson noted some commendable
developments in the continent including, the coming into power of the
democratically elected Government in The Gambia with the able assistance of the
Economic Community of West African States (ECOWAS), the release of 82 Chibok
schoolgirls who were held captive by the terrorist group Boko Haram, the
declaration by Tunisia under Article 34 (6) of the Protocol Establishing the African
Court to enable individuals and Non-governmental organisations (NGOs) direct
access to the African Court on Human and Peoples’ Rights, the proclamation by
the AU of 2017 as the year for “Harnessing the Demographic Dividend through
Investments in Youth” which would enable us to reflect on how to address the
challenges facing the youth in Africa.
16.
The Chairperson also identified areas of concern, such as the high youth
unemployment rate which often results in migration to Europe in dangerous
conditions, hunger and famine in parts of the continent, continued violence in
South Sudan, unabated terrorist attacks, the alarming rise of child suicide
bombers, extra-judicial killings, the reoccurrence of xenophobic attacks on
migrants in South Africa, reports of harassment of human rights defenders,
increased restrictions to civil society space, reports of disproportionate use of force
and violence to dispel peaceful protests, and restriction and interruption of
internet services.
17.
The Chairperson stated that the Commission will continue to rely on partners to
assist in developing innovative initiatives to address the human rights challenges
facing the continent. She concluded her statement by calling on all stakeholders to
fully engage in the Commission’s work, to actively participate in the deliberations
during the 60th Ordinary Session, and to be guided by the Commission’s motto
“Human Rights our Collective Responsibility”.
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18.
Following the statement of the Chairperson, His Excellency Elhadj Issoufou
Mahamadou, President of the Republic of Niger, Head of State, took the floor and
welcomed participants, and conveyed his country’s honour to host the 60th
Ordinary Session of the Commission.
19.
After congratulating the Chairperson of the Commission and her team for their
strong commitment in the service of the AU Member States, H. E., the President of
the Republic stated that the Commission’s mandate to promote and protect human
rights is an essential activity of the AU, and is necessary to guarantee peace and
security on the continent. He invited the Commission to pay particular attention to
States’ obligation to submit country reports, and to the progress achieved in the
promotion and protection of the human rights of their respective populations. He
added that the Commission’s reports and recommendations provide AU Member
States with important guidance. He underscored that effective implementation of
the human rights instruments ratified by States is crucial, and it requires synergy
between all actors.
20.
H. E. the President of the Republic indicated that human rights are at the centre of
Niger’s Renaissance Programme, particularly the rights to life, security and peace,
which rights are often violated by non-State actors in situations of instability in
various African states. He added that man could not fully benefit from the rights
to life, security and peace without liberty, equality and justice. He stressed that
only strong and stable democratic institutions could guarantee the realisation of
these fundamental values and manage the occasionally antagonistic relationship
between order and liberty.
21.
H. E., the President noted some positive steps that Niger has taken to promote and
protect human rights, including signing the Table Mountain Declaration which
guarantees press freedom; establishing a National Human Rights Commission;
complying with its international reporting obligations; promoting provisions of
the African Charter; strengthening the legal provisions banning slavery and
human trafficking; taking strong anti-corruption measures; promoting the rule of
law; allocating substantial resources to ensure the right to free education,
particularly of girls; significant efforts to improve access to health care, water and
sanitation; prioritising youth employment; improving conditions for vulnerable
groups such as women, children, persons with disabilities and older persons; and
inclusion of the right to a healthy environment in the Constitution of Niger.
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22.
He remarked that the Government is conscious of the link that exists between
democracy and development, between civil and political rights, and economic and
social rights. He indicated that Niger takes a holistic approach to guaranteeing
human rights in accordance with its international obligations – and as part of its
Renaissance Programme – it has fixed the nation-wide objective of eradicating
hunger by 2021, thereby making the right to food a reality.
23.
His Excellency Elhadj Issoufou Mahamadou, President of the Republic of Niger
wished participants successful deliberations and declared open the 60th Ordinary
Session of the Commission.
24.
Honourable Commissioner Pansy Tlakula presided over the deliberations during
the public session of the Ordinary Session, and Honourable Commissioner Soyata
Maiga, Vice-Chairperson of the Commission, presided over the deliberations in
the private session.
25.
A total of five hundred and thirty-nine (539) delegates participated in the Session;
with ninety-six (96) delegates representing twenty (20) State Parties, four (4)
delegates representing AU Institutions, thirty (30) delegates representing NHRIs,
six (6) delegates representing international and inter-governmental organisations,
three hundred and twenty-five (325)
delegates representing African and
international NGOs, as well as seventy-eight (78) representatives of the media and
other observers.
26.
A number of activities were conducted prior to and on the margins of the Session.
These were:
i. NGO Forum, held from 4 to 6 May 2017;
ii. Meeting of NHRIs, held on 7 May 2017;
iii. Meeting of the Working Group on Communications, held from 5 to 6 May 2017;
iv. Meeting of the Working Group on Specific Issues Relevant to the Work of the
Commission, held on 7 May 2017;
v. Panel on General Comment No. 4 on the African Charter: The Right to Redress
for Victims of Torture and Other Ill-treatment (Article 5), held on 8 May 2017;
vi. Joint Event on Civic Space, held on 8 May 2017;
vii. Event on Respect of Human Rights in the Fight against Terrorism, held on 9 May
2017;
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viii. Panel on Conditions of Women Prisoners and Avenues to Accountability in
Sudan, held on 9 May 2017;
ix. Panel on Extra-judicial Executions, Enforced Disappearances and Torture, held
on 9 May 2017;
x. Panel of the Commission’s Special Rapporteur on the Rights of Women in Africa
on Ratification of the Maputo Protocol by Niger, held on 10 May 2017;
xi. Movie and Continued Discussion on Attacks against Persons with Albinism, held
on 10 May 2017;
xii. Meeting of the Working Group on Death Penalty, held on 12 May 2017; and
xiii. Panel Discussion on ‘Implementation of the Principles and Guidelines on Human
and Peoples’ Rights while Countering Terrorism in Africa: Ensuring Human
Rights Compliant Counter-terrorism Operations in Africa’, held on 13 May 2017.
27.
Representatives of the following twenty (20) State Parties made statements on the
human rights situation in their respective countries: Algeria, Angola, Benin,
Burkina Faso, Cameroon, Cote d’Ivoire, Democratic Republic of Congo, Egypt,
Eritrea, The Gambia, Kingdom of Lesotho, Malawi, Islamic Republic of
Mauritania, Niger, Nigeria, Sahrawi Arab Democratic Republic, South Africa, The
Sudan, Swaziland and Uganda. Certain State Parties also exercised their right of
reply in relation to alleged human rights violations.
28.
Representatives of the following six (6) NHRIs also made statements on the
human rights situation in their respective countries:
29.
i.
Conseil national des droits de l'Homme (CNDH) d’Algérie;
ii.
Commission Nationale des Droits de l'Homme de Côte d'Ivoire
(CNDHCI) ;
iii.
Kenya National Commission on Human Rights;
iv.
Malawi Human Rights Commission;
v.
National Human Rights Commission of Nigeria; and
vi.
South African Human Rights Commission.
A total of forty-six (46) NGOs with Observer Status with the Commission made
statements on the human rights situation in Africa.
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30.
The Deputy Head of Delegation to the AU of the International Committee of the
Red Cross (ICRC) made a statement highlighting the complementarity of
mandates of the Commission and the ICRC, and noted the need to pursue fruitful
dialogue.
31.
The Commission reported on the status of its relationship and cooperation with
NHRIs and NGOs. It gave an update on the status of submission of NHRI and
NGO activity reports, in conformity with their obligations.
32.
In accordance with the Resolution on the Granting of Affiliate Status to NHRIs in
Africa, the Commission granted Affiliate Status to one (1) NHRI, Zimbabwe
Human Rights Commission, bringing the total number of NHRIs with Affiliate
Status with the Commission to twenty-seven (27).
33.
The Commission granted Observer Status to the following seven (7) NGOs in
accordance with the Resolution on the Criteria for Granting and Maintaining
Observer Status to Non-Governmental Organizations working on Human and
Peoples’ Rights in Africa:
i. Centre d’Information et de Formation en Matière de Droits Humains en Afrique
(CIFDHA) (Burkina Faso);
ii. Association pour le Développement de la Promotion des Droits Humains
(ADPDH) (Mauritanie);
iii. Coalition Mondiale contre la Peine de Mort (France);
iv. Ensemble contre la Peine de Mort (France);
v. Centre for Human Rights Education Advice and Assistance (Malawi);
vi. HelpAge International (Kenya); and
vii. Association Angola 2000 (Angola).
34.
This brings the total number of NGOs with Observer Status with the Commission
to five hundred and eleven (511).
35.
In accordance with Article 62 of the African Charter, the Commission considered
the Combined 10th, 11th, 12th, 13th and 14th periodic report of the Islamic Republic
of Mauritania, covering the period 2006 to 2014.
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36.
For the first time, the Commission also held discussions on the APRM Reports of
the Republic of Senegal and the Republic of Uganda in accordance with paragraph
25 of the APRM Base Document NEPAD/HSGIC/03-2003/APRM/MOU/Annex
II, which provides that “[s]ix months after the report has been considered by the
Heads of State and Government of the participating member countries, it should
be formally and publicly tabled in key regional and sub-regional structures such
as… the African Commission on Human and Peoples’ Rights…”.
37.
Members of the Commission presented their inter-session reports of activities they
undertook as Commissioners and within the framework of their various Special
Mechanisms:
i.
Chairperson of the Commission and Special Rapporteur on Freedom of
Expression and Access to Information in Africa;
ii.
Vice-Chairperson of the Commission and Chairperson of the Working
Group on Indigenous Populations/Communities in Africa;
iii.
Special Rapporteur on the Rights of Women in Africa;
iv.
Special Rapporteur on the Situation of Human Rights Defenders in Africa;
v.
Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced
Persons and Migrants in Africa;
vi.
Chairperson of the Working Group on Extractive Industries, Environment
and Human Rights Violations in Africa;
vii.
Chairperson of the Committee for the Prevention of Torture in Africa;
viii.
Chairperson of the Committee on the Protection of the Rights of People
Living with HIV and those at Risk, Vulnerable to and Affected by HIV;
ix.
Chairperson of the Working Group on Death Penalty and Extrajudicial,
Summary or Arbitrary Killings in Africa;
x.
Chairperson of the Working Group on Economic, Social and Cultural
Rights in Africa;
xi.
Special Rapporteur on Prisons, Conditions of Detention and Policing in
Africa;
xii.
Working Group on the Rights of Older Persons and Peoples with
Disabilities in Africa; and
xiii.
Chairperson of the Working Group on Communications.
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38.
39.
During the 60th Ordinary Session, the Commission launched the following five (5)
documents:
i.
General Comment No. 4 on the African Charter on Human and Peoples’
Rights: The Right to Redress for Victims of Torture and other Cruel,
Inhuman or Degrading Punishment or Treatment (Article 5);
ii.
Compilation of Documents on Torture Prevention;
iii.
7th Edition Africa Torture Watch Newsletter;
iv.
Guidelines for the Policing of Assemblies by Law Enforcement Officials in
Africa; and
v.
Newsletter Number 9 on Police and Human Rights in Africa.
During the Session, the Commission in collaboration with its partners, organised
the following eleven (11) panels:
i.
Committee for the Prevention of Torture in Africa (CPTA) Panel to
Launch: General Comment No. 4 on the Right to Redress for Victims of
Torture, Compilation of Documents on Torture Prevention, and 7th Edition
Africa Torture Watch Newsletter;
ii.
Panel on the Abolition of the Death Penalty;
iii.
Panel on Implementation of the New York Declaration for Refugees and
Migrants and the Common African Position (CAP) on Humanitarian
Effectiveness;
iv.
Panel on Regional Action Plan in response to attacks and discrimination
against persons with albinism in Africa;
v.
Panel on Policing Assemblies and Launch of the Guidelines for the
Policing of Assemblies by Law Enforcement Officials in Africa;
vi.
Conseil Supérieur de la Communication (CSC) Panel: Right to freedom of
the press in Niger - Panel on Freedom of Expression;
vii.
Panel on Access to information, freedom of expression and privacy/data
protection;
viii.
Panel on the Launch of Newsletter Number 9 on Policing and Human
Rights in Africa with a special focus on policing and the rights of
vulnerable groups in Africa;
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ix.
Panel on State Reporting and the popularisation of the Guidelines on the
Protocol to the African Charter on Human and Peoples’ Rights on the
Rights of Women in Africa (Maputo Protocol);
x.
Panel on the Right to Food in Niger; and
xi.
Panel on the Declassification and Decriminalization of Petty Offences in
Africa.
40.
The Commission adopted the reports of three (3) human rights promotion
missions undertaken to the Republic of Djibouti, the Republic of Cabo Verde and
the Kingdom of Swaziland.
41.
The Commission considered and adopted the following documents: Concluding
Observations on the 6th to 8th Combined Report of the Republic of Mauritius;
i. Guidelines on Combatting Sexual Violence and its Consequences: adopted
subject to amendments;
ii. Guidelines on Freedom of Association and Assembly in Africa;
iii. Joint General Comment of the African Commission on Human and Peoples’
Rights and the African Committee of Experts on the Rights and Welfare of the
Child on Child Marriage;
iv. Framework Agreement on Cooperation between the Organisation Internationale
de la Francophonie and the African Commission on Human and Peoples’ Rights
42.
The Commission also considered and adopted the following reports and working
tools:
i. The Report of the Secretary to the Commission; and
ii. The Report of the Working Group on Communications.
43.
The Commission also took note of and made observations on the following
documents:
i. Status of Follow-up Items from the 21st Extra-Ordinary Session;
ii. EU/PANAF Funding and Project Implementation Progress Report;
iii. 2018 Budget Proposal for the Commission;
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iv. Status Report on Audit of Communications;
v. Analysis Paper on Article 58 of the African Charter;
vi. Draft Guidelines on Access to Information and Elections in Africa;
vii. Draft Principles on Declassification and Decriminalisation of Petty Offences in
Africa;
viii.
Draft General Comment on Article 7 (d) of the Protocol to the African
Charter on Human and Peoples’ Rights on the Rights of Women in Africa;
ix. Draft Amended Rules of Procedure of the Commission;
x. Draft Guidelines for the Use of the ACHPR Logo by Third Parties;
xi. Paper on Payment of Compensatory Damages by the Commission;
xii. Internship Policy regarding Non-member State Applicants;
xiii.
Paper on Criteria for the Human Rights Awards to Celebrate the Thirtieth
Anniversary of the Commission;
xiv.
Report of the Meeting with the Office of the High Commissioner for Human
Rights (OHCHR); and
xv. Memorandum of Understanding/Agreement of Cooperation between the Special
Rapporteur on Human Rights Defenders in Africa and Africa Human Rights
Network Foundation (AHRN).
44.
The Commission adopted the following Resolutions:
i. Resolution on the Right to Life in Africa;
ii. Resolution on the Regional Action Plan on Albinism in Africa;
iii. Resolution on Human Rights Defenders in Africa;
iv. Resolution on the Protection of Sacred Natural Sites and Territories;
v. Resolution on the Situation of Internally Displaced Persons in Africa;
vi. Resolution on the Implementation of the Principles and Guidelines on Human
and Peoples’ Rights While Countering Terrorism in Africa;
vii. Resolution on the Need to Implement the New York Declaration on the
Protection of Refugees and Migrants;
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viii. Resolution on the Niamey Declaration on Ensuring the upholding of the African
Charter in the Extractive Industries Sector;
ix. Resolution on the Granting of Affiliate Status to National Human Rights
Institutions and Specialised Human Rights Institutions in Africa; and
x. Resolution on the Right to Food and Food Insecurity in Africa.
45.
The Commission considered eleven (11) Communications:
i.
Six (6) Communications on Seizure;
ii.
One (1) Communication on review of admissibility decision; and
iii.
Four (4) Communications proposed for Strike-out.
46.
The Commission granted Provisional Measures for three (3) Communications.
47.
The Commission further considered and provided guidance on five (5)
issues/questions pertaining to its communications procedure.
48.
The Commission set up a Committee to organise activities to celebrate 30 years of
the operationalisation of the Commission. These celebrations will take place during
the Commission’s 61st Ordinary Session which will be held from 1 to 15 November
2017, in Banjul, The Gambia.
49.
The Commission considered its 42nd Activity Report, which will be submitted to
the 31st Ordinary Session of the AU Executive Council and the 29th AU Assembly
of Heads of State and Government.
50.
The Commission’s Working Group on Communications decided to hold its next
meeting from 24 to 28 July 2017, in Dakar, Senegal.
51.
The Commission decided to hold its 22nd Extra-Ordinary Session from 29 July to 7
August 2017, in Dakar, Senegal.
52.
The Commission agreed to hold the Joint Annual Meeting of the Commission and
the Court from 8 to 11 August 2017, in Dakar, Senegal.
53.
The Commission decided to organise a Regional Seminar on Concluding
Observations on Periodic State Reports, from 12 to 15 August 2017, in Dakar,
Senegal.
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54.
The Commission decided to hold its 61st Ordinary Session from 1 to 15 November
2017, in Banjul, The Gambia.
55.
The Commission was honoured to be received by His Excellency Elhadj Issoufou
Mahamadou, President of the Republic of Niger, as well as His Excellency Brigi
Rafini, the Prime Minister of Niger.
56.
The Commission expresses its gratitude to the Government and people of Niger
for the warm welcome and hospitality extended to participants. The Commission
also expresses its appreciation to Niger for hosting the 60 th Ordinary Session and
for the resources and facilities made available to the Commission, which
contributed to the successful conduct of the Session.
57.
The closing ceremony of the Session was held on 22 May 2017, in Niamey, Niger.
Done in Niamey, Republic of Niger, on 22 May 2017
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