AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
Commission Africaine des Droits de l’Homme & des Peuples
African Commission on Human & Peoples’ Rights
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@african-union.org; Web www.achpr.org
Final Communiqué of the 15th Extra-Ordinary Session of the African Commission
on Human and Peoples’ Rights
1.
The African Commission on Human and Peoples’ Rights (the Commission)
held its 15th Extra-Ordinary Session (Session), from 7 to 14 March 2014, in
Banjul, The Gambia.
2.
The Session was convened to deal with Communications and other
outstanding matters.
3.
The Session was opened by the Vice-Chairperson of the Commission and
Acting Chairperson, Honourable Commissioner Mohamed Béchir Khalfallah
with the assistance of Honourable Commissioner Reine Alapini-Gansou, the
Acting Vice-Chairperson.
4.
Honourable Commissioner Kayitesi Zainabo Sylvie, Chairperson of the
Commission joined the Session on the second day due to unavailability of
flight connections, and subsequently chaired the rest of the Session.
5.
The Session was attended by the following Commissioners:
6.
Honourable Commissioner Kayitesi Zainabo Sylvie;
Honourable Commissioner Mohamed Béchir Khalfallah;
Honourable Commissioner Reine Alapini-Gansou;
Honourable Commissioner Pansy Tlakula;
Honourable Commissioner Yeung Kam John Yeung Sik
Yuen;
Honourable Commissioner Soyata Maiga;
Honourable Commissioner Lucy Asuagbor;
Honourable Commissioner Med Kaggwa;
Honourable Commissioner Maya Sahli-Fadel;
Honourable Commissioner Pacifique Manirakiza; and
Honourable Commissioner Lawrence Murugu Mute.
Honourable Commissioner Kayitesi Zainabo Sylvie, briefed Members of the
Commission on the outcome of the meetings of the African Union (AU) Policy
Organs, and the Fifth Meeting of the Bureaux of the Commission and the
African Court on Human and Peoples’ Rights (the Court). She also reported
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on other meetings held, including: the meeting with Commissioner of
Political Affairs; with European Union; with the Assistant Secretary-General
for Human Rights of the United Nations; the Vice-President of the PanAfrican Parliament; the Foreign Minister of the Republic of Benin; and the
International Federation for Human Rights, all of which took place between
24 to 31 January 2014 in Addis Ababa, Ethiopia.
7.
The Chairperson recalled that during the Second joint Annual Meeting of the
Commission and the Court in July 2013, the two Institutions had agreed to
request the AU Policy Organs to declare 2016 the “African Year of Human
Rights” (Project 2016). She reported that this request was endorsed by the
Executive Council through decision EX.CL/824 (XXIV), with the rider that
focus should be on the rights of women, since 2016 had already been slated as
a year in which the continent would celebrate Africa’s achievements in the
area of women’s rights.
8.
The Chairperson also reported on the proposed roadmap for the
implementation of Project 2016, which includes the requirement for the
nomination of representatives to be part of the Project 2016 Committee,
following which the Commission nominated Honourable Commissioner
Pansy Tlakula; Honourable Commissioner Soyata Maiga and Honourable
Commissioner Lucy Asuagbor to be members of the Committee, with
Honourable Commissioner Soyata Maiga designated as the Commission’s
focal point for the Project.
9.
Furthermore, the Department of Political Affairs (DPA) of the African Union
Commission (AUC) and the Court, made a joint proposal to establish a PanAfrican Institute for Human and Peoples’ Rights, and indicated the necessity for
the Commission to participate in the initiative. In that regard, the Commission
nominated three (3) Commissioners to be members of the Committee
established by the Court and the DPA, to enable the Commission participate
in the process. Members nominated by the Commission include: Honourable
Commissioner Reine Alapini-Gansou; Honourable Commissioner Maya
Sahli-Fadel; and Honourable Commissioner Lawrence Murugu Mute.
10.
The Commission was briefed about the level of preparedness of its upcoming
55th Ordinary Session in the Republic of Angola, following a pre-mission
undertaken by the Secretariat of the Commission to the country.
11.
The Commission considered and adopted decisions on nineteen (19)
Communications arising from the following:
(i)
(ii)
Six (6) on Seizure, of which two (2) were not seized, and
Provisional Measures granted on one (1);
Nine (9) on Admissibility; of which seven (7) were declared
admissible; and two (2) deferred for more information;
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(iii)
(iv)
(v)
12.
One (1) request for relisting;
One (1) request to add two (2) more Authors to a
Communication; and
Two (2) Communications on the Merits.
The Commission considered and adopted the following:
(i)
(ii)
(iii)
(iv)
(v)
Report of the Chairperson on the meetings of the AU Policy
Organs;
Report of the Working Group on Communications;
Report of the Advisory Committee on Staff and Budgetary
Matters;
Report of the Mission of the Working Group on Indigenous
People to United Republic of Tanzania; and
Report on the Situation of Women Human Rights Defenders in
Africa.
13.
The Commission considered and deferred the Guidelines on Conditions of
Police Custody and Pre-trial Detention in Africa, for further improvement,
following discussion of the Guidelines.
14.
The Commission considered and adopted Concluding Observations on the:
i)
ii)
15.
The Commission adopted the following Resolutions:
(i)
(ii)
(iii)
(iv)
16.
Initial and Periodic Report of the Republic of Gabon; and
Periodic Report of the Republic of Cameroon.
Resolution on the human rights situation in the Republic of
South Sudan;
Resolution on attacks of journalists and media practitioners in
the Federal Republic of Somalia;
Resolution on the human rights situation in the Central African
Republic; and
Resolution on the human rights situation in the Federal
Republic of Nigeria.
The Commission had discussions on the following:
i.
ii.
iii.
iv.
Submission of Amicus curiae by Special Mechanisms of the
Commission to the Court;
Cases before the Court;
2014 Budget- Execution and Allocation;
Draft 2015 Budget; and
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v.
The Agenda of the 55th Ordinary Session.
17.
The Commission finalised discussions on Insurance Cover for its Members.
18.
The Commission discussed its next Strategic Plan for the period 2014 – 2017,
and decided to defer the matter to its 55th Ordinary Session for further
consideration.
19.
Members of the Commission deliberated on the jurisprudence of the
Commission, in light of the jurisprudence of similar regional and
international institutions.
20.
They also deliberated on the current Rules of Procedure of the Commission,
and the practical implementation of the Rules, in light of the Commission’s
complementarity with the Court.
21.
The Commission will hold its 55th Ordinary Session from 28 April to 12 May
2014, in Luanda, Angola.
22.
The Commission continues to express its sincere and profound gratitude to
the Government and People of the Republic of The Gambia for the hospitality
extended to Members of the Commission during the 15th Extra-Ordinary
Session.
Done in Banjul, The Gambia during the 15th Extra-Ordinary Session of the
Commission, from 7 - 14 March 2014
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