Commission's Activity Reports

46TH ACTIVITY REPORT OF THE ACHPR

46th Activity Report ACHPR_ ENG.PDF
AFRICAN UNION UNION AFRICAINE UNIÃO AFRICANA African Commission on Human & Peoples’ Rights Commission Africaine l’Homme & des Peuples des Droits 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 46TH ACTIVITY REPORT OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS Submitted to the Policy Organs in accordance with Article 54 of the African Charter on Human and Peoples’ Rights 1|Page de
PART I: SUMMARY 1. This 46th Activity Report of the African Commission on Human and Peoples’ Rights (‘ACHPR’ or ‘Commission’), which is presented to the Heads of State and Government of the African Union (AU) in accordance with Article 54 of the African Charter on Human and Peoples’ Rights (‘the African Charter’ or ‘Charter’), covers the period from November 14, 2018 to May 14, 2019. It highlights, among others: the statutory and other institutional meetings of the Commission; the status of State reporting; Resolutions adopted by the Commission; the human rights Communications pending before the Commission; the various interventions of the Commission on human rights issues including Urgent Appeal letters, Press Releases and Letters of Appreciation; the human rights situation on the continent; financial, staffing and operational matters; implementation of the Recommendations of the Commission; and Recommendations to the Assembly of Heads of State and Government. PART II: BACKGROUND 2. The Commission was established in terms of the provisions of Article 30 of the African Charter, which was adopted by the Assembly of Heads of State and Government of the Organization of African Unity (OAU) in 1986. The African Charter has been ratified by all Member States of the AU, except Morocco. The Commission became operational in 1987 and has its headquarters in Banjul, The Gambia. 3. The Commission is composed of eleven (11) Members elected by AU Heads of State and Government, who serve in their individual capacities on a part-time basis. The list of current Commissioners is herewith attached as Annex I. 4. The Commission’s mandate, as set out in Article 45 of the African Charter, is to: i. Promote Human and Peoples’ Rights; ii. Ensure the protection of human and peoples’ rights under conditions laid down by the Charter; iii. Interpret the provisions of the Charter at the request of a State party, an institution of the OAU or an African organisation recognized by the OAU; and iv. Perform any other tasks which may be entrusted to it by the Assembly of Heads of State and Government. 5. The Commission is also specifically charged, under Article 62 of the Charter, with receiving and examining Communications (Complaints) submitted to it, and receiving and examining periodic reports from State Parties on the 2|Page
legislative or other measures taken to give effect to the rights and freedoms recognized and guaranteed by the Charter. 6. Under Article 26 (1) of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol), States Parties are required to report to the Commission, the legislative and other measures undertaken for the full realisation of the rights recognized therein. Similarly, Article 14 (4) of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) requires States Parties to report the legislative and other measures which they have taken to ensure the rights of internally displaced persons. PART III: BODY I. AU POLICY ORGANS MEETINGS, STATUTORY AND INSTITUTIONAL MEETINGS DURING REPORTING PERIOD OTHER 7. The Commission participated in the AU Policy Organs Meetings that were held in Addis Ababa, Ethiopia, from 14 – 18 November 2018, 15 and 16 January and 7- 11 February 2019 as follows: i. ii. iii. iv. v. 11th Extraordinary Session of the the Assembly of Heads of State and Government (the Assembly):14 -15 November 2018 20th Extraordinary Session of the Executive Council (EC): 17-18 November 2018 37th Ordinary Session of the Permanent Representatives’ Committee (PRC): 15 – 16 January 2019; 34th Ordinary Session of the Executive Council: 7 – 8 February 2019; 32nd Ordinary Session of the Assembly: 10 – 11 February 2019. 8. In addition, the Commission participated in the meeting of Representatives of AU Organs with the AU Reform Unit on 19 November 2018 in Addis Ababa, Ethiopia. 9. Two (2) statutory meetings were held during the reporting period, namely: i. ii. The 25th Extra-Ordinary Session of the Commission, held from 19 February to 05 March 2019 in Banjul, The Gambia; and The 64th Ordinary Session of the Commission held from 24 April to 14 May 2019 in Sharm El Sheikh, Egypt. 32nd African Union Summit, Addis Ababa-Ethiopia from 15 to 16 January and 7 to 11 February 2019 10. The 45th Activity Report of the Commission was presented before the 37th Ordinary Session of the PRC. Following discussions at the PRC and Executive 3|Page
Council, the Activity Report was authorized for publication through Executive Council Decision EX.CL/Dec. 1045(XXXIV) on the 45th Activity Report of the Commission. 11. The Report has been published together with the observations of the State Parties and available at the Commission’s website http://www.achpr.org/activity-reports/45/. II. STATUTORY MEETINGS 25th Extra-Ordinary Session–Banjul, Gambia, 19 February to 05 March 2019 12. The Commission held its 25th Extra-Ordinary Session during the period afore mentioned and was attended by the following Commissioners herewith attached as Annex II. 13. Details of the activities undertaken by the Commission during this Session are provided in the Final Communiqué which is available on the website of the Commission at: www.achpr.org. 64th Ordinary Session – Sharm El Sheikh, Arab Republic of Egypt, 24 April to 14 May 2019 14. The 64th Ordinary Session was attended by the following Commissioners herewith attached as Annex III. 15. Details of the activities undertaken by the Commission during its 64th Ordinary Session are provided in the Final Communiqué of the Session. The Final Communique is also available on the website of the Commission at: www.achpr.org. 16. The inter-session reports presented by Members of the Commission during the 64th Ordinary Session are also available on the website of the Commission at: www.achpr.org. 17. The Commission decided to re-submit the Draft Protocol to the African Charter on Human and Peoples’ Rights on the Abolition of the Death Penalty in Africa adopted at its 56th Ordinary Session held from 21 April to 7 May 2015 in Banjul, the Gambia, to the Policy Organs for their reconsideration. III. STATE REPORTING UNDER ARTICLE 62 OF THE CHARTER 18. The Commission considered the Combined 2nd to 8th Periodic Reports and the Initial Report on the Maputo Protocol of Lesotho (2001-2017); the Combined 2nd to 12th Periodic Reports of The Gambia and Initial Report on the Maputo Protocol (1994 - 2018); and the Combined Periodic Report of Egypt (2001- 2017). 4|Page
19. The Commission notes that the Gambia and Lesotho are now up to date with their reporting obligations under Article 62 of the Charter and Article 26 of the Maputo Protocol. 20. The Commission also notes that Egypt is up to date with its reporting obligations under Article 62 of the Charter. 21. The status of Submission of Periodic Reports to the Commission under Article 62 of the Charter stands as follows: Status State Party Up to date: 10 Angola, Botswana, Democratic Republic of Congo, Egypt, Eritrea, The Gambia, Lesotho, Niger, Nigeria, and Togo. One (1) Report Algeria, Burkina Faso, Cote d’Ivoire, Djibouti, Kenya, Mali, overdue: 13 Mauritania, Mauritius, Namibia, Rwanda, Sierra Leone, South Africa, and South Sudan. Two (2) Reports Cameroon, Ethiopia, Malawi, Mozambique, Senegal, and overdue: 6 Uganda. Three (3) Reports Burundi, Gabon, SADR, The Sudan and Tunisia. overdue: 5 More than three (3) Benin, Cape Verde, Central African Republic, Chad, Congo, Reports overdue: Gabon, Ghana, Guinea Republic, Libya, Madagascar, 15 Seychelles, Eswatini, Tanzania, Zambia and Zimbabwe. Never submitted a Comoros, Equatorial Guinea, Guinea Bissau, Sao Tome and Report: 5 Principe and Somalia. 22. The Commission has received the latest Periodic Reports of Chad and Zimbabwe which will be considered at the 65th Ordinary Session of the Commission. 23. Only thirteen (13) countries are up to date with their reporting obligations in terms of Article 26 of the Maputo Protocol, namely: Angola, Burkina Faso, Democratic Republic of Congo, Gambia, Lesotho, Malawi, Nigeria, Namibia, Mauritania, Rwanda, Senegal, Togo and South Africa. This means that twentyseven (27) State Parties to the Maputo Protocol have not submitted reports under the Maputo Protocol. 24. Twenty-seven (27) States have ratified the Kampala Convention. However, no State Party has complied with Article 14(4) of the Kampala Convention which 5|Page
requires them to report the legislative and other measures which they have taken to give effect to the Convention. IV. HUMAN RIGHTS COMMUNICATIONS BEFORE THE COMMISSION Communications 25. Of the 240 (Two Hundred and Forty) Communications currently pending before the Commission, the following were considered during the reporting period: Session Communication ( Name /Phase) th 25 I. Seizure ExtraOrdinary a. Seized Session i. Communication 708/19 - Liberty Fighters Network & 2 Others v. The Republic of South Africa ii. Communication 710/19 - Falana & Falana's Chamber (Representing Nnanna Joseph Adumekwe) v. The Gabonese Republic iii. Communication 711/19 - Abdul Rahman Al Gendy v. The Arab Republic of Egypt iv. Communication 712/19 -Boukary Waliss v. Nigeria, Ghana and Togo v. Communication 715/19 – Institut International pour les Droits Fondamentaux et la Justice Sociale (ALL4RIGHTS) v. Democratic Republic of Congo b. Seized and Provisional Measures Issued i. Communication 714/19 – Alexis Sebahene v. Burundi ii. Communication 716/19 - Three Jehovah’s Witnesses (represented by Lawyers Associated for Human Rights in Africa) v State of Eritrea II. Admissibility a)admissible i. Communication 478/14 –Republic of Djibouti v. State of Eritrea ii. Communication 582/15 - X (Represented by Lawyers for Justice in Libya and REDRESS) v. Libya iii. Communication 636/16 – IHRDA and others v. Republic of Burundi 6|Page
III. Merits i. Communication 290/04 - Open Society Justice Initiative v. Republic of Cameroon IV. Struck-Out for Prosecution Lack of Diligent i. Communication 605/16 - Mustafa Hassan Abdel Hammed Alshamy (Represented by A & B) v. Arab Republic of Egypt ii. Communication 611/16 - Omar Hegazy (Represented by the European Alliance for Human Rights & 2 Others) v. Arab Republic of Egypt V. Withdrawn i. Communication 510/15 - Abdel Moneem Adam Mohammed (Represented by REDRESS & Others) v. Republic of the Sudan VI. Guidance provided i. Communication 399/11 – Minority Rights Group ii. iii. iv. v. vi. vii. viii. ix. International and UNIPROBA (On behalf of the Bahakwaninda Family) v. Republic of Burundi Communication 555/15 – Mr. Hesham Mostafa Amin Amer (Represented by European Alliance for Human Rights v. Arab Republic of Egypt Communication 556/15 – Mr. Mohamed Bakry Haroun (Represented by European Alliance for Human Rights v. Arab Republic of Egypt Communication 557/15 - Mr. Hossam Hosni Abd Ellatif Ali (Represented by European Alliance for Human Rights v. Arab Republic of Egypt Communication 558/15 – Ms. Samia Shanan and Mr. Tarek Shanan (Represented by European Alliance for Human Rights v. Arab Republic of Egypt Communication 589/15 - Johannes Jurie Botha v. Republic of Mauritius Communication 670/17 – Fadhl Al Mawla Husni Ahmed Ismail and 19 Ors (represented by Freedom and Justice Party of Egypt) v. Arab Republic of Egypt Communication 680/17- Nnamdi Kanu and the Indigenous People of the Biafra v. Federal Republic of Nigeria Communication 697/18 – Mr Kaptue Tagne & Others v Republic of Cameroon 7|Page
VII. Deferred i. Communication 713/19 – Ndayisaba Ali Ahmed ii. iii. iv. v. vi. vii. viii. ix. x. xi. xii. xiii. xiv. xv. xvi. xvii. Buregeya v. Republic of Rwanda Communication 459/13 - Devendranath Hurnam v. Mauritius Communication 471/14 – Meriam Yahia Ibrahim (Represented by The Redress Trust (REDRESS), The African Centre of Justice and Peace Studies (ACJPS), the Sudanese Organisation for Development and Rehabilitation (SODR), the Sudanese Human Rights Initiative (SHRI) and the Justice Centre for Advocacy and Legal Consultancy (JCALC) v Republic of The Sudan Communication 480/14 – Senate Masupha & Others v. Lesotho Communication 569/15 - Digbeejaye Koonjul v. Republic of Mauritius Communication 588/15 – Minority Rights Group International and Environnement Ressources Naturelle et Développement (on behalf of the Batwa of Kahuzi Biega National Park, DRC) v. Democratic Republic of Congo (DRC) Communication 607/16 - Famille de Feu Juvenal Habyrarimana v. Burundi Communication 626/16 – Philip Forsang Ndikum (Represented by Ndikum Law Offices) v. Republic of Cameroon Communication 631/16 - Perem Aoudou (represented by Georges Ayuk Quelennec) v. Republic of Cameroon Communication 643/16 – Famille Shabani Bin Mkosa (Represented by the NGO Via-Volonte) v. Republic of Burundi Communication 430/12 – Gabriel Shumba and Others v. Republic of Zimbabwe Communication 406/11 - Law Society of Swaziland v. Kingdom of Swaziland Communication 398/11 - Institute for Human Rights and Development in Africa and Observatoire Congolais des Droits de l’Homme (OCDH) v. Republic of Congo Communication 426/12 – Agnes Uwimana & Saidati Mukakibibi v. Rwanda Communication 455/13 – Abubaker Ahmed Mohamed and Others v. Federal Democratic Republic of Ethiopia Communication 341/07 - Equality Now v. Ethiopia Communication 383/10 – Mohammed Abdullah Saleh al-Asad v. Djibouti 8|Page
64th Ordinary Session I. Seizure a) Seized i. Communication 717/19 – Mr. Pie Sinzinkayo v. Republic of Burundi ii. Communication 718/19 – Maurice Kamto and Mouvement pour la renaissance du Cameroun v. Republic of Cameroon iii. Communication 719/19 – Mexican citizens (represented by InterAmerican Services of Human Rights Professionals) v Arab Republic of Egypt II. Admissibility a) Admissible i. Communication 471/14 – Meriam Yahia Ibrahim (Represented by The Redress Trust (REDRESS), The African Centre of Justice and Peace Studies (ACJPS), the Sudanese Organisation for Development and Rehabilitation (SODR), the Sudanese Human Rights Initiative (SHRI) and the Justice Centre for Advocacy and Legal Consultancy (JCALC) v Republic of The Sudan; ii. Communication 569/15 – Digbeejaye Koonjul v. Republic of Mauritius; iii. Communication 588/15 – Minority Rights Group International and Environnement Ressources Naturelle et Développement (on behalf of the Batwa of Kahuzi Biega National Park, DRC) v. Democratic Republic of Congo (DRC); b) Inadmissible i. Communication 569/15 – Digbeejaye Koonjul v. Republic of Mauritius ii. Communication 609/16 – Prince Seraki Mampuru (on behalf of Bapedi Mamone Community under the leadership of Kgoši Mampuru III) v. Republic of South Africa III. Struck-Out for lack of diligent prosecution i. Communication 659/17 – Ahmed Mustafa & 5 Others (Represented by Justice for Human Rights-& AMAN Organisation) v Arab Republic of Egypt 9|Page
IV. Withdrawal i. Communication 705/18 – Emil Touray and Saikou Jammeh (represented by IHRDA and Sagar Jahateh) v Republic of The Gambia V. Guidance provided i. Communication 716/19 – Three Jehovah’s Witnesses (represented by Lawyers Associated for Human Rights in Africa) v. State of Eritrea VI. Deferred i. Communication 341/07- Equality Now v Ethiopia ii. Communication 398/11 – Institute for Human Rights and Development in Africa and Observatoire Congolais des Droits de l’Homme (OCDH) v. Republic of Congo iii. Communication 406/11 - Law Society of Swaziland v. Kingdom of Swaziland iv. Communication 480/14 – Senate Masupha & Others v. Lesotho v. Communication 565/15 – Papa Seye and Family v. Mauritania vi. Communication 607/16 – Famille de Feu Juvenal Habyrarimana v. Burundi vii. Communication 626/16 – Philip Forsang Ndikum (Represented by Ndikum Law Offices) v. Republic of Cameroon viii. Communication 643/16 – Famille Shabani Bin Mkosa (Represented by the NGO Via-Volonte) v. Republic of Burundi ix. Communication 650/17 – Kum Bezeng and 75 Others (represented by Professor Carlson Anyangwe) v. Republic of Cameroon x. Communication 653/17 – Desmond Nunugwo v. Federal Republic of Nigeria xi. Communication 670/17 – Fadhl Al Mawla Husni Ahmed Ismail and 19 Ors (represented by Freedom and Justice Party of Egypt) v. Arab Republic of Egypt xii. Communication 720/19 – Daniel Felipe da Silva Guerra and Rodrigo Lima Dantas v. Republic of Cape Verde 26. The above tables show that during the period under review, the Commission was seized of ten (10) Communications; two (2) of which were issued with Provisional Measures; declared six (6) admissible and two (2) inadmissible; decided one (1) on the merits; struck out three (3) for lack of diligent prosecution, granted two (2) requests for withdrawal and deferred thirty-one (31) Communications at various stages. The Commission also provided the Secretariat with guidance on ten (10) Communications. 10 | P a g e
V. APPLICATIONS FOR AFFILIATE AND OBSERVER STATUS 27. The Commission discussed the status of its relationship and cooperation with National Human Rights Institutions (NHRIs) and Non-Governmental Organizations (NGOs), and presented an update on the status of submission of NHRI and NGO activity reports. 28. No request for Affiliate Status was received from any National Human Rights Institution for the period under review. The total number of institutions which have Affiliate Status with the Commission stands at twenty-nine (29). 29. The Commission granted Observer Status to Unwanted Witness, 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, bringing the total number of NGOs with Observer Status with the Commission to five hundred and nineteen (519). VI. STATE COMPLIANCE WITH THE COMMISSION’S DECISIONS, REQUESTS FOR PROVISIONAL MEASURES AND LETTERS OF URGENT APPEAL 30. The level of compliance by State Parties with the Commission’s Decisions, Requests for Provisional Measures and Letters of Urgent Appeal is relatively low, as evidenced by the following information: Implementation of the Commission’s Decisions 31. During the reporting period, the Commission did not receive any information regarding the implementation of its decisions in accordance with Rule 112 of its Rules of Procedure of 2010. Requests for Provisional Measures 32. During the reporting period, the Commission did not receive any responses on the two (2) Requests for Provisional Measures which it issued to State Parties as indicated in the table on Communications in paragraph 26 above. Also, during this period, the Commission received information from the Complainant in Communication 716/19 - Three Jehovah’s Witnesses (represented by Lawyers Associated for Human Rights in Africa) v State of Eritrea, on 01 April 2019, indicating that the State has still not complied with the Provisional Measures requested by the Commission in this matter. Letters of Urgent Appeal 33. During the period under review, twenty-six (26) Letters of Urgent Appeal were sent to State Parties, regarding allegations of violations of human rights. Out of the twenty-six (26) letters sent, the Commission received responses to seven (7) 11 | P a g e
from the State Parties concerned addressing the issues raised in the Urgent Appeals including two responses from Algeria (Case of Salim Yezza) and Burkina Faso (Case of Safiatou Lopez) regarding cases reported in the 45th Activity Report , as reflected in the table below: 11 November Letter of urgent appeal from 1. Democratic the Special Rapporteur on Republic of 2018 Human Rights Defenders and Congo Focal Point on Reprisals in Africa on alleged arbitrary arrest and detention of Rodrigue Mbusa, Fiston Isambiro, M. Bien aime Kyaviro 2. Eswatini 12 An Urgent Letter of Appeal to November His Majesty, King Mswati III 2018 of the Kingdom of Eswatini from the Commissioner Rapporteur for the Human Rights Situation in the Kingdom of Eswatini regarding the alleged forcible eviction of 61 people (including children) on 9 April 2018 from their homes at a farming area in Emphetseni, Malkerns to give way to a privately-owned development 3. Cameroon 4. Burundi The State has not responded but they have been released Eswatini responded to the Commission’s letter on 15 April 2019 15 November Letter of urgent appeal from The State has 2018 the Special Rapporteur on not responded Human Rights Defenders and Focal Point on Reprisals in Africa on the arbitrary arrest and detention of Michel Biem Tong 22 November Letter of urgent appeal from 2018 the Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa on alleged accusations, arrest and arbitrary detention of Aimé Constant Gatore, but he has been released The State has not responded but the human rights defenders have been released 12 | P a g e
Marius Nizigama and Emmanuel Nshimirimana 5. Eritrea 6. Egypt 7. Egypt 7 January An Urgent Letter of Appeal 2019 sent to H.E. President Isaias Afwerki of the State of Eritrea regarding the detention of Jehovah Witnesses for more than two decades without trial, ten (10) of whom have been reported to be in critical health conditions due to alleged cruel, inhumane and degrading treatment 10 January A joint letter of appeal was 2019 sent to His Excellency, Mr. Abdel Fatah al-Sisi, President of the Arab Republic of Egypt by the Commissioner Rapporteur on the Human Rights Situation in the Arab Republic of Egypt, the Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa and the Chairperson of the Committee on the Prevention of Torture in Africa concerning the alleged denial of medical treatment to Mr. Mohamed Maksod Bhy Eldeen who is being detained at the State Security Agency in Damanhur City 10 January A joint letter of appeal was sent to His Excellency, Mr. 2019 Abdel Fatah al-Sisi, President of the Arab Republic of Egypt by the Commissioner Rapporteur on the Human Rights Situation in the Arab Republic of Egypt, the Special Rapporteur on Prisons, Conditions of Detention and The State has not yet responded The State Concerned responded on 28 May 2019 The State Concerned responded on 14 June 2019 13 | P a g e
8. Egypt 9. Zimbabwe 10. Zimbabwe Policing in Africa and the Chairperson of the Committee on the Prevention of Torture in Africa concerning allegations of the arbitrary arrest and detention, torture and illtreatment, lack of fair trial, and denial of urgent medical care to Mr. Salah Ahmed Metwally Galal in Egypt 10 January A joint letter of appeal was 2019 sent to His Excellency, Mr. Abdel Fatah al-Sisi, President of the Arab Republic of Egypt by the Commissioner Rapporteur on the Human Rights Situation in the Arab Republic of Egypt, the Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa and the Chairperson of the Committee on the Prevention of Torture in Africa concerning the alleged torture and ill-treatment, denial of fair trial, denial of access to lawyers and family members, poor conditions of detention, as well as arbitrary detention of Mr. Walid Ahmed Shawky El-Sayed and Mr. ElMotaaz Mohammed Shams ElDien Abd Al-Haleem in Egypt 18 January Letter of urgent appeal from 2019 the Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa on alleged threats against a human rights defender, Mr Okay Machisa 18 January Letter of urgent appeal from 2019 the Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa on alleged accusation, arbitrary arrest and detention The State has not yet responded but has indicated during the 64th Ordinary Session of the Commission that she will respond accordingly. The State has responded on 10 April 2019 The State has responded on 10 April 2019 14 | P a g e
and judicial harassment against human rights defender, Evan Mawarire 11. Zimbabwe 21 January Letter of Appeal to H.E. Mr. 2019 Emmerson D. Mnangagwa, President of the Republic of Zimbabwe from the Special Rapporteur on Freedom of Expression and Access to Information in Africa, regarding concerns on the situation of freedom of expression and access to information in Zimbabwe 12. Algeria 12 February Letter of urgent appeal from The State has 2019 the Special Rapporteur on responded 13. Egypt 14. Egypt 15. Zimbabwe The State responded on 10 April 2019 Human Rights Defenders and Focal Point on Reprisals in Africa on alleged arbitrary arrest and detention of Hadj Ghermoul rd 3 March 2019 Alleged arbitrary arrest and The State has detention of human rights requested for defender, Khaled Mahmoud further details before responding March Arrest and allegations of The 3rd State 2019 enforced disappearance of Ms. Concerned Hoda Abdel Moneam Abdel responded on Aziz Hassan, Mr. Ezzat Eid 10 May 2019 Taha Fadl, Mr. Waleed Ali Sleem Mohamed Hamada, Ms. Somaya Mohamed Nasef Roshdy, Mr. Ibrahim El Sayed Mohamed Abdo Ata and Mr. Osama Mabrouk Mousa Mohamed The State 4 March 2019 An Urgent Letter of Appeal responded on was sent to H. E. Mr. Emmerson D. Mnangagw11 April 2019 President of the Republic Zimbabwe regarding 15 | P a g e
12 March 2019 16. Democratic Republic of Congo 17. Sudan 22 March 2019 18. Chad 22 March 2019 19. Mozambique 22 March 2019 reports of several alleged human rights violations committed by the Security Forces of the Republic of Zimbabwe Letter of urgent appeal from The State has the Special Rapporteur on not yet Human Rights Defenders and responded Focal Point on Reprisals in Africa on alleged continuing threats against Mr Léon Nkubiri Mbeba Alleged violent crackdowns The State has on peaceful demonstrations not yet and reprisals against activists, responded Wefag Gorashi, Wafaa Gorashi, Hadia Hasaballah, Hisham Omar Alnour, Hisham Hadia Hasaballah and Ghazi Elrayah Alsanhouri A Letter of Urgent Appeal to The State is yet H.E. Mr. Idriss Déby, President to respond of the Republic of Chad, from the Special Rapporteur on Freedom of Expression and Access to Information in Africa, regarding reports of the orders by the Government of Chad to mobile operators to block access to social media platforms in the country A Letter of Urgent Appeal to The State is yet H.E. Mr. Filipe Nyusi, to respond President of the Republic of Mozambique from the Special Rapporteur on Freedom of Expression and Access to Information in Africa, in response to reports of the arrest, prolonged detention and ill-treatment of Mr. Amade Abubacar, a journalist working for Rádio e Televevisao Comunitária 16 | P a g e
Nacedje and Zitamar News in Mozambique 20. Equatorial Guinea VII. 27 March A joint letter of Urgent Appeal The State has 2019 to H.E. Mr. Teodoro Obiang not yet Nguema Mbasogo, President responded of the Republic of Equatorial Guinea by the Chairperson of the Committee on the Prevention of Torture in Africa and the Commissioner Rapporteur on the Human Rights Situation in the Republic of Equatorial Guinea, concerning the alleged arbitrary detention and torture of Joaquin Elo Ayeto, as well as denial of his fair trial rights LETTER OF CONCERN 34. During the period under review, one (1) Letter of Concern was sent to a State Party as reflected in the table below: 1. Niger 15 April 2019 The Chairperson of the Working Group on Death Penalty and Extrajudicial, Summary and Arbitrary Killings and Enforced Disappearances in Africa, sent a Letter of Concern to the President of the Republic of Niger on 15 April 2019 regarding the alleged conviction of one Gazally Badamassi, on 19 March 2019, by the Court of Assizes in Zinder, for the alleged offence of criminal conspiracy, stealing at night and assassination, and sentenced him to death. The Chairperson called on the Government of Niger to guarantee the observance of fair trial standards including 17 | P a g e
the right of the accused person to exhaust all the appeal processes legally available to him, commute the death sentence imposed to life imprisonment, consider finalizing the process of legally abolishing the death penalty in Niger, as well as to comply with its obligations under the African Charter and other regional and international human rights instruments to which Niger is a party. VIII. LETTERS OF APPRECIATION 35. During the reporting period Five (5) letters of appreciation were sent to Heads of State and Government as follows: State Date of Letter Positive development warranting Letter of Appreciation 1. Côte d’Ivoire 16 November 2018 Letter of appreciation sent to H. E. Mr. Alasane Ouattara, President of the Republic of Côte d’Ivoire by the Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa and Country Rapporteur on the human situation in Côte d’Ivoire, for granting amnesty to 800 prisoners on the occasion of the country’s Independence Day. 2.Burundi 04 January 2019 Letter of appreciation sent to H. E. Mr. Pierre Nkurunziza, President of the Republic of Burundi, by the Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa for the release of members of "Paroles et actions pour le réveil des consciences et l'évolution des mentalités" (Parcem) on 17 December 2018. 3. Mozambique 7 January 2019 Letter of appreciation sent to H. E. Mr. Filipe Nyusi, President of the Republic of 18 | P a g e
Mozambique by the Commissioner Rapporteur on the Human Rights Situation in the Republic of Mozambique and Special Rapporteur on Prisons, Condition of Detention and Policing in Africa, commending him on granting of amnesty to one thousand Nine Hundred and Forty Eight (1,948) prisoners deemed to have been rehabilitated before the end of their sentences, and to prisoners who need medical treatment that the prison service could not offer and for the commitment of Mozambique to the ideals of human rights provided for by the African Charter 4. Cameroon 20 January 2019 Letter of appreciation sent to H. E. Mr. Paul Biya, President of the Republic of Cameroon, by the Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa and country Rapporteur on the human situation in Cameroon for the release of journalist Michel Biem Tong. 5. Equatorial 25 April 2019 Guinea Letter of appreciation addressed to H.E. Mr. Teodoro Obiang Ngeuma Mbasogo, President of the Republic of Equatorial Guinea by the Chairperson of the Working Group on Death Penalty and Extra-Judicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa, thanking him for his declaration to submit a Bill to the Parliament to abolish the death Penalty in Equatorial Guinea 19 | P a g e
IX. PRESS STATEMENTS 36. In addition to the various Press Releases issued by the Commission and its Special Mechanisms regarding meetings organized, during the reporting period, the Commission also issued Twelve (12) Press Releases relating to various human rights issues. The Press Releases are available on the website of the Commission, at: www.achpr.org. 37. On 21 January 2019, the Special Rapporteur on Freedom of Expression and Access to Information in Africa also issued an Advisory Paper titled ‘Ensuring Effective Implementation of Nigeria’s Freedom of Information Act (2011), which was prepared following his advocacy visit to Nigeria and is available on the website of the Commission, at: www.achpr.org. X. PROMOTION AND FACTFINDING MISSIONS 38. The Commission did not undertake any Promotion Missions during the reporting period because of lack of responses from State Parties. During the said period, requests for Promotion Missions were also sent to Benin, Cape Verde, Chad, Congo, Equatorial Guinea, Eritrea, Guinea-Bissau, Mozambique, São Tomé and Príncipe, Senegal and Zimbabwe. 39. Chad and Mauritius authorized Promotion Missions in their countries which will be undertaken by the Commission on mutually agreed dates in 2019. 40. Mozambique and São Tomé and Príncipe have authorized the Promotion Missions to their respective countries and the commission is currently engaging with them in this regard. 41. Benin responded to the Commission’s request for a Promotion Mission and requested to communicate mutually convenient dates later in the year. 42. Zimbabwe informed the Commission at the 64th Ordinary Session that it agrees with the promotion mission and a formal communication on the dates to that effect will be sent accordingly. 43. The Kenyan delegation to the 64th Ordinary Session also confirmed that the Government of Kenya is processing the Commission’s request for a promotion mission to be undertaken at a date to be mutually agreed upon. 44. The Promotion Mission to Algeria, initially scheduled by the Government is still postponed at the request of the State. The Commission awaits the official communication of the proposed new dates by Algeria. 45. The Commission also wishes to report that the Chairperson of the African Union Commission (AUC) had requested the Commission to undertake a Fact20 | P a g e
Finding Mission to Libya to investigate allegations that African migrants were being traded as slaves. Libya has authorized the Commission to undertake the mission but due to security concerns in Libya, the fact-finding mission did not take place. XI. THE HUMAN RIGHTS SITUATION ON THE CONTINENT 46. This section was introduced pursuant to Executive Council Decision EX.CL/Dec.639 (XVIII) calling upon the Commission to brief the Policy Organs on the human rights situation on the continent. The Commission draws the content of this section from its interactions with State Parties, NHRIs with affiliate status with the Commission and NGOs with Observer Status with the Commission during Ordinary Sessions of the Commission, supplemented by information gathered as the Commission monitors the human rights situation in the various State Parties during the intersession period. Positive developments 47. The Commission notes with appreciation the following key positive human rights developments observed during the reporting period: i. ii. iii. iv. v. vi. vii. viii. Peaceful elections held in the Democratic Republic of Congo, GuineaBissau, Nigeria, Senegal and South Africa; Establishment of a Commission of Inquiry into the killings of persons with Albinism by the President of Malawi and the funding of the National Action Plan on the Protection of Persons with Albinism; Establishment of a General Court Martial in South Sudan to prosecute soldiers who are alleged to have committed crimes during and after the outbreak of violence in December 2013; Promulgation of the Judicature and Application of Laws (Practice and Procedure of Cases Involving Vulnerable Groups) Rule No. 110 of 01 February 2019) by the Chief Justice of Tanzania, which provides that cases involving women, children, elderly and persons with disabilities should not take longer than six (6) months to adjudicate; Establishment of the Transitional Stabilisation Programme 2020 to stabilise Zimbabwe’s macro- economy and financial sector through policy and institutional reforms by December 2020; Commencement of the process to repeal the Public Order and Security Act and Access to Information and Protection of Privacy Act in Zimbabwe; The recognition and identification of the immediate, medium- and longterm reforms required to protect the rights of intersex persons in Kenya, by the Task Force on Policy, Legal, Institutional and Administrative Reforms; The release of over seven hundred (700) political prisoners and prisoners of conscience by President Felix Antoine Tshisekedi Tshilombo of the 21 | P a g e
ix. x. xi. xii. xiii. xiv. xv. xvi. xvii. xviii. xix. xx. xxi. xxii. xxiii. xxiv. Democratic Republic of Congo, on his assumption of the Presidency this year; Establishment of the National Migration Observatory and approval of the National Migration Policy in December 2018 in Angola; Approval of the National Strategic Plan on the Prevention and Combatting of Corruption in December 2018, in Angola; Enactment of the new Criminal Code of Angola in January 2019, which incorporates various standards of human rights protection, criminalises racial and other forms of discrimination, female genital mutilation, torture and all forms of human trafficking; Launching of the SCOPE (System for Cash Operations) to manage Namibia’s Poverty Reduction Programme in November 2018; Establishment of a Ministry of Human Rights and Civic Promotion in January 2019 and the operationalization of the National Observatory for Prevention and Management of Community Conflict in Burkina Faso; Creation of the G5 Sahel to collectively combat terrorism and promote development; Enactment of Law No. 2018-863 of 19 November 2018 that established a special procedure for birth declaration, identity reinstatement and transcription of birth certificates to fight Statelessness and Law No. 2018975 of 27 December 2018 on the criminal procedure code on alternative measures to incarceration in Cote d’Ivoire; Enactment of Law No. 2018-900 of 30 November 2018 on the creation, attribution, organization and functioning of the National Council of Human Rights (CNDH) and its operationalization Decree No. 2019-119 of 06 February 2019 in Cote d’Ivoire; The support of 35,000 indigent families in 2019 under the Filets Sociaux Productifs Project in order to reduce poverty and vulnerability of households in Cote d’Ivoire; Adoption of a ministerial order to operationalize the 2018 law regulating the carrying out of legal abortions by Doctors; and the Presidential pardon granted to 367 women and girls who were convicted of abortion in Rwanda in April 2019; Allocation of 25% of seats in the lower chamber of Parliament to women in the new Egyptian Constitution; The Political Agreement for Governance between Mali and the Opposition in May 2019; Adoption of Proclamation No .1113/2019 – Civil Society Organisations Proclamation by the House of Peoples’ Representatives of Ethiopia on 5 February 2019; Adoption of Revised Proclamation on National Electoral Board of Ethiopia (NEBE) by the House of Peoples’ Representatives of Ethiopia on 5 April 2019; Promulgation of Proclamation No. 1110/2019 – Refugees Proclamation by the House of Peoples’ Representatives of Ethiopia on 17 January 2019; Enactment in 2019 of Freedom of Information law in Ghana; 22 | P a g e
xxv. The allocation of 25% of parliamentary seats pursuant to recent constitutional amendments in Egypt. Areas of concern 48. The Commission notes the following human rights concerns which were observed during the reporting period: i. The non-ratification of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons in Africa which has been signed only by five (5) Member States; ii. The non-ratification of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa which has not been signed by any State; iii. The low level of ratification of the Protocol to the Treaty Establishing the African Economic Community Relating to Free Movement of Persons, Right of Residence and Right of Establishment; iv. The low level of reporting under Article 26 of the Maputo Protocol and non- reporting under Article 14 (4) of the Kampala Convention by States Parties respectively; v. The human rights situations in Algeria which has resulted in the resignations of politicians and arrests in Algeria; vi. The human rights situations in Benin which resulted in arrests, loss of lives and destruction of property; vii. The human rights situations in the Sudan which resulted in arrests, loss of lives and destruction of property; viii. The persistence of punitive and repressive laws and discriminatory practices as well as the failure to integrate the human rights dimension into HIV responses, which are all barriers to effectively combatting HIV and AIDS on the continent; ix. The difficulty prisoners continue to experience in accessing health services, water and nutritional food, and the overcrowding of holding cells for trial-awaiting prisoners in Cote d’Ivoire; x. The expansion of Serengeti National park of Tanzania which is affecting indigenous communities who live nearby; xi. Inter-community killings resulting in the loss of several lives and destruction of property in the Central Mopti Region of Mali; xii. The terrorist attack in a Church in Burkina Faso causing the death of members of the congregation; xiii. The xenophobic attacks in the Durban area, South Africa, leading to the death of at least six (6) people and the injury and displacement of others; 23 | P a g e
xiv. The increase in the number of internally-displaced persons across the continent due to the effects of cyclone IDAI which hit Malawi, Madagascar, Mozambique and Zimbabwe; xv. The resumption of hostilities in some parts of Cameroon, Central African Republic, Democratic Republic of Congo, Libya, Mali and Nigeria; xvi. The continuing trend of Internet and social media shutdowns in Africa, including in Chad, Sudan, the Democratic Republic of Congo, Gabon and Zimbabwe; xvii. The non-availability of appropriate legislative, economic and other measures in Member States to eradicate the underlying causes of the irregular migration phenomenon as well as to prevent returnee migrants from going back on the perilous journey; xviii. Execution of fifteen (15) convicted persons in Egypt, in February 2019, based on confessions allegedly obtained through torture and lack of due process and fair trial guarantees. XII. ADMINISTRATIVE AND FINANCIAL SITUATION Construction of the Commission’s Headquarters 49. Executive Council Decision EX.CL/Dec. 1045(XXXIV) on the 45th Activity Report of the Commission, requests the AU Commission to establish a Support Group for the Government of the Republic of The Gambia charged with mobilizing the necessary funds for the construction of the Commission’s Headquarters; 50. The Commission has sent a letter to the AUC to inquire on progress regarding the establishment of the Support Group; 51. The Gambian Delegation to the 64th Ordinary Session reiterated the commitment earlier expressed by the President of The Gambia on the construction of the Headquarters. Succession Plan for the Executive Secretary of the African Commission 52. During its 64th Ordinary Session, the Commission sent a correspondence, referenced ACHPR/AUC/484/19 and dated 13 May 2019, to H.E. Mahmat Moussa Faki, Chairperson of the African Union Commission, transmitting the Succession Plan for the Executive Secretary of the African Commission. 53. The Succession Plan was adopted by the Commission at its 25th Extraordinary Session held in Banjul from 19 February to 5 March, in accordance with one of the Recommendations of the Performance and Human Resources Recruitment Audit that was conducted by the Board of Internal Auditors in 2018, with the 24 | P a g e
objective to expedite the process and achieve a successful transition at the Secretariat of the Commission. Staffing 54. The staffing situation at the Commission's Secretariat worsened during the reporting period. Although a Human Resource Assistant (Regular) was recruited and has assumed duties, the Bilingual Secretary and the Receptionist have resigned, and the Senior Administration and Human Resource Officer (SHRO - Regular) who had been recruited failed to assume duties. 55. In addition, interviews that had been scheduled for the following positions have been postponed sine die for various reasons: (Deputy Secretary (regular), Legal Officer (regular), Senior Public Relations Officer (regular), Finance Officer (short term - PANAF), 2 Senior Legal Officers Protection (short term - PANAF), Senior Planning, Monitoring and Evaluation Officer (short term - PANAF), and Reviser-French (short term - PANAF) . XIII. IMPLEMENTATION OF DECISIONS Recommendations of the Joint Retreat between the PRC and the Commission 56. Further to Executive Council Decision EX.CL/1015(XXXIII) on the 44th Activity Report which requested the ACHPR to report on the implementation of the recommendations of the ACHPR – PRC Joint Retreat in Nairobi, Kenya, the ACHPR has undertaken a number of steps during the reporting period. 57. The ACHPR wishes to indicate that the Draft Revised Rules of Procedure have taken account of the AU Code of Conduct. Additionally, members of the ACHPR and Staff of the Secretariat have been trained on the AU Code of Ethics and certified accordingly. 58. The Commission also adopted Resolution: ACHPR/Res. 402 (LXIII) 2018 on the interpretative and protective mandates of the Commission; that Resolution is available on http://www.achpr.org/sessions/63rd_os/resolutions/402/. AU Commission Mission to Banjul 59. The AUC Mission to the Secretariat of the Commission authorised by DecisionEX.CL/Dec.974 (XXXI) on the 42nd Activity Report is yet to take place. On 16 April 2018, the Secretary to the ACHPR sent a follow-up Memo regarding the Mission but it has still not taken place. 25 | P a g e
Mission to the territory of the Sahrawi Arab Democratic Republic or Western Sahara under the control of the Kingdom of Morocco 60. The Executive Council, in its Decision EX.CL/995(XXXII) on the 43rd Activity Report of the Commission, called on Morocco to initiate a dialogue with the ACHPR towards the facilitation of the Commission’s Mission to the territory of the Sahrawi Arab Democratic Republic or Western Sahara under the control of Morocco. In February 2018, a follow-up letter was sent to Morocco by the Chairperson of the Commission indicating that she is open to any practical measures proposed in order to implement the decision of the Executive Council. The Commission is still awaiting the response from Morocco on this matter. XIV. DATES AND VENUE OF THE 26th EXTRA-ORDINARY SESSION AND 65th ORDINARY SESSION OF THE COMMISSION 61. The 26th Extra-Ordinary Session of the Commission will take place from 16 to 30 July 2019; and its 65th Ordinary Session will take place from 21 October to 10 November 2019, in Banjul, The Gambia. 62. The Commission expresses its appreciation to the Government of Egypt for hosting the 64th Ordinary Session and for the country’s hospitality. It also commends State Parties that have already hosted Sessions of the Commission; and takes note of the Republic of Rwanda, the Kingdom of Eswatini, the Kingdom of Lesotho and the Republic of Malawi who have offered to host future Ordinary Sessions of the Commission. XV. RECOMMENDATIONS 63. In light of the foregoing, the Commission recommends as follows: a) States Parties to i. Ratify, implement and domesticate the various human rights instruments of the AU; in particular, the Maputo Protocol, the Kampala Convention, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons in Africa, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa, and theProtocol to the Treaty Establishing the African Economic Community Relating to Free Movement of Persons, Right of Residence and Right of Establishment; ii. Submit their Periodic Reports in compliance with Article 62 of the African Charter; Article 26 of the Maputo Protocol; and Article 14 of the Kampala Convention; 26 | P a g e
iii. Provide the Commission with all relevant information on the measures taken to implement its decisions in accordance with Rule 112 of its Rules of Procedure, as well as respect and implement the Provisional Measures issued by the Commission; iv. Respond to Urgent Letters of Appeal sent by the Commission; v. Accede to the Commission’s requests to undertake missions in their countries; vi. Support the AU internal processes for the adoption and ratification of the Draft Protocol to the African Charter on Human and Peoples’ Rights on the Abolition of the Death Penalty in Africa and the Draft Protocol to the African Charter on Human and Peoples’ Rights of the Rights of Citizens to Social Protection and Social Security; vii. Take all legislative and other measures to address the various concerns highlighted by the Commission; and viii. Consider hosting Ordinary Sessions of the Commission. b) To the Kingdom of Morocco i. Ratify the African Charter, and grant the Commission authorization to undertake the mission mandated by Decision EX.CL/Dec.995(XXXII); ii. Engage in dialogue with the Commission towards facilitating the conduct of the mission as mandated by Decision EX.CL/Dec. 689(XX). c) To the AUC i. Finalise implementation of various Executive Council Decisions calling for expedited recruitment to the vacant positions in the Secretariat, and more particularly recruitment of Arabic and Portuguese Legal Officers and Translators as per Decision EX.CL/Dec.974(XXXI); ii. Conduct the mission to the Secretariat of the Commission authorised by Decision EX.CL/Dec.974 (XXXI); iii. Expedite the establishment of the Support Group for the Republic of The Gambia on the construction of the ACPHR Headquarters in line with Executive Council Decision EX.CL/Dec. 1045(XXXIV); d) PRC Support implementation of the outcomes of the Joint Retreat between the PRC and the Commission. e) To the Assembly of Heads of State and Government: i. ii. Assist the Commission to get authorization from the Kingdom of Morocco to undertake the requested mission; Facilitate the conduct of the fact-finding Mission to Libya, which the ACHPR was requested to undertake by the Chairperson of the African 27 | P a g e
Union Commission, to investigate allegations that African migrants were being traded as slaves. 28 | P a g e
ANNEX I LIST OF CURRENT MEMBERS OF THE COMMISSION No. Name Country 1. 2. 3. 4. Duration Expiry Date 6 2019 Commissioner Soyata Maïga 6 2019 Commissioner Lawrence Murugu Mute 6 2021 Commissioner Kayitesi Zainabo Sylvie 2019 Commissioner Yeung Kam John Yeung Sik 6 Mali Kenya Rwanda Mauritius 5. 6. 7. Yuen Commissioner Lucy Asuagbor Commissioner Maya Sahli-Fadel Commissioner Jamesina Essie L. King 6 6 6 2019 2023 2021 8. 9. 10. 11. Commissioner Solomon Ayele Dersso Commissioner Hatem Essaiem Commissioner Maria Teresa Manuela Commissioner Rémy Ngoy Lumbu 6 6 6 6 2021 2023 2023 2023 Cameroon Algeria Sierra Leone Ethiopia Tunisia Angola Democratic Republic of Congo 29 | P a g e
ANNEX II MEMBERS OF THE COMMISSION THAT ATTENDED THE 25TH EXTRA-ORDINARY SESSION 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Honourable Commissioner Soyata Maïga, Chairperson of the Commission and Chairperson of the Working Group on Indigenous Populations/Communities and Committee on the Rights of People Living with HIV and Those at Risk, Vulnerable to and affected by HIV; Honourable Commissioner Lawrence Murugu Mute, Vice-Chairperson of the Commission and Special Rapporteur on Freedom of Expression and Access to Information; Honourable Commissioner Kayitesi Zainabo Sylvie, Member and Chairperson of the Working Group on the Death Penalty and Extrajudicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa and the Working Group on Specific Issues related to the Work of the African Commission; Honourable Commissioner Yeung Kam John Yeung Sik Yuen, Member and Chairperson of the Working Group on Older Persons and People with Disability in Africa; Honourable Commissioner Lucy Asuagbor, Member, Special Rapporteur on the Rights of Women in Africa and Chairperson of the Working Group on Communications; Honourable Commissioner Jamesina Essie L. King, Member and Chairperson of the Working Group on Economic, Social and Cultural Rights in Africa and the Working Group on Resolutions; Honourable Commissioner Solomon Ayele Dersso, Member and Chairperson of the Working Group on Extractive Industries, Environment and Human Rights Violations and the Advisory Committee on Budgetary and Staff Matters; Honourable Commissioner Hatem Essaiem, Member and Chairperson of the Committee for the Prevention of Torture in Africa; Honourable Commissioner Maria Teresa Manuela, Member and Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa; Honourable Commissioner Rémy Ngoy Lumbu, Member and Special Rappoteur on Human Rights Defenders and Focal Point on Reprisals in Africa; Honourable Commissioner Maya Sahli-Fadel, Member and Special Rapporteur on Refugees, Asylum Seekers, Migrants and Internally Displaced Persons was absent with apologies. 30 | P a g e
ANNEX III MEMBERS OF THE COMMISSION THAT ATTENDED THE 64TH ORDINARY SESSION 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Honourable Commissioner Soyata Maïga, Chairperson of the Commission and Chairperson of the Working Group on Indigenous Populations/Communities and the Committee on the Rights of People Living with HIV and Those at Risk, Vulnerable to and affected by HIV; Honourable Commissioner Lawrence Murugu Mute, Vice-Chairperson of the Commission and Special Rapporteur on Freedom of Expression and Access to Information; Honourable Commissioner Kayitesi Zainabo Sylvie, Member and Chairperson of the Working Group on the Death Penalty and Extrajudicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa and the Working Group on Specific Issues related to the Work of the African Commission; Honourable Commissioner Maya Sahli-Fadel, Member and Special Rapporteur on Refugees, Asylum Seekers, Migrants and Internally Displaced Persons; Honourable Commissioner Lucy Asuagbor, Member, Special Rapporteur on the Rights of Women in Africa and Chairperson of the Working Group on Communications; Honourable Commissioner Jamesina Essie L. King, Member and Chairperson of the Working Group on Economic, Social and Cultural Rights in Africa and the Working Group on Resolutions; Honourable Commissioner Solomon Ayele Dersso, Member and Chairperson of the Working Group on Extractive Industries, Environment and Human Rights Violations and the Advisory Committee on Budgetary and Staff Matters; Honourable Commissioner Hatem Essaiem, Member and Chairperson of the Committee for the Prevention of Torture in Africa; Honourable Commissioner Maria Teresa Manuela, Member and Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa; Honourable Commissioner Rémy Ngoy Lumbu, Member and Special Rappoteur on Human Rights Defenders and Focal Point on Reprisals in Africa; Honourable Commissioner Yeung Kam John Yeung Sik Yuen, Member and Chairperson of the Working Group on Older Persons and People with Disability in Africa was absent with apologies. 31 | P a g e
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AFRICAN UNION UNION AFRICAINE African Union Common Repository http://archives.au.int Organs African Commission on Human and People's Rights Collection 2019-05-21 46th Activity Report of the African Commission on Human and Peoples' Rights - E ACHPR ACHPR https://archives.au.int/handle/123456789/7064 Downloaded from African Union Common Repository

Created Apr 23, 2026 · Edited May 6, 2026