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@africa-union.org; Web www.achpr.org
FINAL COMMUNIQUÉ OF THE 77th ORDINARY SESSION OF THE AFRICAN
COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
ARUSHA, TANZANIA
20 OCTOBER – 9 NOVEMBER 2023
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1. In accordance with Article 64(2) of the African Charter on Human and Peoples’
Rights (the African Charter), read together with Rule 27 of the Rules of Procedure
(2020) of the African Commission on Human and Peoples’ Rights (the
Commission), the Commission held its 77th Ordinary Session (Session), from 20
October to 9 November 2023 in Arusha, Tanzania.
2. The Opening Ceremony of the Session was held on 20 October 2023 at the Arusha
International Conference Center. It was presided over by H.E. Dr. Hussein Ali
Mwinyi, President of Zanzibar and Chairperson of the Revolutionary Council;
Hon. Haroun Ali Suleiman, Minister of State in the Office of the PresidentConstitution, Legal Affairs, Public Service and Good Governance of Zanzibar;
Hon. Ambassador Dr. Pindi Hazara Chana (MP), Minister of State for
Constitutional and Legal Affairs of the United Republic of Tanzania; Hon. John
Mongella, Regional Commissioner for Arusha; H.E Moussa Faki Mahamat,
Chairperson of the African Union Commission; Honourable Commissioner Maya
Sahli-Fadel, outgoing Vice-Chairperson of the Commission; and Honourable
Commissioner Rémy Ngoy Lumbu, Chairperson of the Commission.
3. The newly elected Honourable Commissioner, Selma Sassi-Safer, made the
Solemn Declaration before taking up her duty as Commissioner, per Article 38 of
the African Charter.
4. The following re-elected Honourable Commissioners also made the Solemn
Declaration before taking up their renewed duties as Commissioners, per Article
38 of the African Charter:
i.
ii.
iii.
Honourable Commissioner Rémy Ngoy Lumbu;
Honourable Commissioner Hatem Essaiem; and
Honourable Commissioner Maria Teresa Manuela.
5. The Commission elected its new Bureau, which shall serve for two years. The
Bureau comprises Honourable Commissioner Rémy Ngoy Lumbu, re-elected as
Chairperson, and Honourable Commissioner Janet Ramatoulie Sallah-Njie,
elected Vice Chairperson.
6. The substantive program of the Session was presided over by Honourable
Commissioner Remy Ngoy Lumbu, Chairperson of the Commission, with the
assistance of the newly elected Vice Chairperson, Honourable Commissioner
Janet Ramatoulie Sallah-Njie.
7. The following Members of the Commission participated in the Session:
i
Honourable Commissioner Rémy Ngoy Lumbu, Chairperson;
ii Honourable Commissioner Janet Ramatoulie Sallah-Njie-Vice Chairperson;
iii Honourable Commissioner Solomon Ayele Dersso;
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iv Honourable Commissioner Hatem Essaiem;
v Honourable Commissioner Maria Teresa Manuela;
vi Honourable Commissioner Mudford Zachariah Mwandenga;
vii Honourable Commissioner Marie Louise Abomo;
viii Honourable Commissioner Idrissa Sow;
ix Honourable Commissioner Ourveena Geereesha Topsy-Sonoo;
x Honourable Commissioner Litha Musiyimi Ogana; and
xi Honourable Commissioner Selma Sassi-Safer.
8. During the Opening Ceremony, key Statements were delivered by:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
Ms. Hannah Forster, Executive Director of the African Centre for
Democracy and Human Rights Studies, on behalf of the NonGovernmental Organisation (NGO) Forum Steering Committee;
Honourable Rtd Judge Mathew P.M. Mwaimu, Chairperson of the
Commission for Human Rights and Administrative Governance of
Tanzania, on behalf of the Network of African National Human Rights
Institutions;
Ms. Christine GRAU, Ambassador of the European Union to Tanzania
and East African Community, on behalf of the European Union Special
Representative for Human Rights;
Mr. Marcel Akpovo, Regional Representative to the African Union/East
Africa Regional Office; Office of the United Nations High Commissioner
for Human Rights;
Dr. Robert Eno, Registrar, on behalf of the President of the African Court
on Human and Peoples’ Rights;
H.E Albert-Fabrice Puela, Minister for Human Rights of the Democratic
Republic of Congo, Representative of States Parties to the African Charter
on Human and Peoples’ Rights;
Honourable Rémy Ngoy Lumbu, Chairperson of the Commission;
Honourable Haroun Ali Suleiman, Minister of State in the Office of the
President-Constitution, Legal Affairs, Public Service and Good
Governance of Zanzibar;
H.E Moussa Faki Mahamat, Chairperson of the African Union
Commission;
Honourable Amabssador Dr. Pindi Hazara Chana (MP), Minister of
Constitutional and Legal Affairs of the United Republic of Tanzania, and
Opening Statement by H.E Dr. Hussein Ali Mwinyi, President of
Zanzibar and Chairperson of the Revolutionary Council.
9. All the statements made during the Opening Ceremony are available on the
Commission’s website.
10. The Session also commemorated the 20th Anniversary of the Maputo Protocol and
the celebration of Africa Human Rights Day on 21st October 2023. In
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commemoration of Africa Human Rights Day, the Commission held a High-Level
Panel on Maputo Protocol@20: A call for Universal Ratification, Implementation,
Domestication, and Reporting of the Maputo Protocol.
11. As part of commemorating 20 years of the Maputo Protocol and within the context
of the High-Level Panel, the Commission honoured H.E Dr. Samia Suluhu
Hassan, President of the United Republic of Tanzania, with a prestigious Award
for being the first female President to host a Session of the Commission. The
Award also celebrates President Hassan’s accomplishments. It symbolizes the
progress in breaking gender barriers, promoting women's empowerment in
leadership roles, and acknowledging her exceptional leadership and commitment
to upholding human rights principles, particularly those enshrined in the Maputo
Protocol.
12. A total of one thousand six hundred and sixty-three (1663) delegates attended the
Session, including: two hundred and fourteen (214) representing States Parties
from twenty-eight (28) countries; twenty (20) representing Organs of the AU; five
(5) representing the Regional Economic Community; twenty-three (23)
representatives of international and inter-governmental organisations; one
hundred and thirty-eight (138) representatives of NHRIs; one thousand one
hundred and one (1101) representatives African and International NGOs; one
hundred and seven (107) Observers; and fifty-five (55) Press and Media
Organizations.
13. The representatives of the following seventeen (17) States Parties made
statements on the human rights situation in their respective countries: Algeria;
Angola; Botswana; Cameroon; Chad; Egypt; Ethiopia; Eswatini; Kenya; Malawi;
Rwanda; Sahrawi Democratic Arab Republic; South Africa; Uganda; Tanzania;
Tunisia; and Zimbabwe.
14. Representatives of nine (9)1 NHRIs with Affiliate Status with the Commission,
made statements on the human rights situation in their respective countries.
15. Fifty-five (55) NGOs with Observer Status with the Commission, made statements
on the human rights situation in Africa.
16. One (1) International and Intergovernmental Organization2 with Observer
Status with the Commission, also made a statement.
1
National Human Rights Commission of Burkina Faso; National Human Rights Commission of the Democratic
Republic of Congo; Ethiopian Human Rights Commission; National Human Rights Commission of The
Gambia; National Human Rights Commission of Mauritania; National Human Rights Commission of
Nigeria; National Commission for Human Rights of Rwanda; South African Human Rights
Commission; and Commission for Human Rights and Good Governance of Tanzania.
2
UN Working Group on People of African Descent.
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17. Nine (9) State Parties to the African Charter exercised their right of reply:
Angola; Cameroon; Eritrea; Ethiopia; Kenya; Tanzania; Tunisia; Uganda; and
Zimbabwe.
18. With a view to strengthening the promotion and protection of human rights on
the continent, several panel discussions on various themes were organized
during the Session:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
Panel on the Ratification of the Protocol to the African Charter on Social
Protection in Africa and dissemination of General Comment No. 7 on
State Obligations under the African Charter in the context of the
provision of Social Services;
Panel on Stakeholder Consultation on the Draft Report of the Study on
the Impact of Climate Change on Human and Peoples' Rights in Africa;
Panel on the 10th Anniversary of the African Model Law on Access to
Information;
Joint Panel of the African Commission on Human and Peoples' Rights
(ACHPR) and the African Union Advisory Board against Corruption
(AUABC);
Joint Panel on Enforced Disappearances during Elections (with the
United Nations Working Group on Enforced Disappearances);
Panel on the Situation of Human Rights Defenders;
Joint Panel on the Addis Ababa Roadmap in the light of the 75th
Anniversary of the UDHR, with a particular focus on exploring
OHCHR/ACHPR collaboration on mainstreaming human rights in the
implementation of the AfCFTA;
Panel on the Situation of People Living with HIV/AIDS in Africa;
Panel on the 2nd Regional Forum on the State of Extractive Industries,
Human Rights and the Environment in Africa;
Panel on Indigenous Peoples in Africa: Sharing Experiences;
Joint Panel of the ACHPR and the African Court on Human Peoples'
Rights as part of the Joint Roadmap on Complementarity; and
Panel on the use of the State Reporting Guidelines on Articles 21 and
24.
19. The Commission launched the following documents:
i.
ii.
iii.
iv.
v.
vi.
African Guiding Principles on the Human Rights of All Migrants,
Refugees and Asylum Seekers;
Study on the African Responses on Migration;
Study on the Use of Force by Law Enforcement Officers and Prison
Guards;
Newsletter on Maputo@20: A Celebration of 20 Years of the Rights of
Women and Girls in Africa; and
Report on the Jurisprudence on Article 5 of the African Charter;
CPTA’s 2023 Newsletter; and
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vii.
Newsletter of the Special Rapporteur on Human Rights Defenders.
20. The Commission reported on the status of its relations and cooperation with
NHRIs and NGOs and the status of submission of Activity Reports by NHRIs
and NGOs.
21. Pursuant to its Resolution on the Criteria for Granting and Maintaining Observer
Status to NGOs working on Human and Peoples’ Rights in Africa, the
Commission granted Observer Status to the following nine (9) NGOs:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
Afya na haki Institute;
Centre d'Espoir pour les Droits Humains (CEDH);
Consortium of Ethiopian Human Rights Organizations (CEHRO);
African Centre for Justice and Peace Studies (ACJPS);
National Coalition of Human Rights Defenders Uganda;
The Forum for African Women Educationalists (FAWE);
The Forum for Development and Human Rights Dialogue (FDHRD);
Un Monde Avenir; and
Wellbeing Africa.
22. The Commission also considered and rejected applications for Observer Status
by the following four (4) NGOs due to the absence of a registered office in one of
the States Parties to the African Charter on Human and Peoples’ Rights:
i.
ii.
iii.
iv.
ADF INTERNATIONAL;
International Network for Economic, Social & Cultural Rights (ESCRNet);
THE GAIA FOUNDATION; and
Transatlantic Christian Council.
23. Additionally, the application from one (1) NGO, All Africa Conference of
Churches (AACC), was also rejected due to the non-alignment of its objectives
and activities with those of the Commission, and its status as a diplomatic entity
not being in consonance with the criteria set forth by the Commission.
24. This brings the total number of NGOs with Observer Status with the Commission
to five hundred and sixty-one (561) and the total number of NHRIs with Affiliate
Status with the Commission to thirty-six (36).
25. The Commission considered the Periodic Reports of the following State Parties:
i.
ii.
The Periodic report Periodic Report (2013-2022) of the Republic of Uganda
submitted in accordance with Article 62 of the African Charter and Article
26 (1) of the Maputo Protocol; and
The Periodic Report (2017 to 2020) of the Republic of Eritrea submitted in
accordance with Article 62 of the African Charter.
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26. Members of the Commission presented their intersessional reports to highlight
the activities undertaken in their capacities as Commissioners, Country
Rapporteurs, and Special Mechanism mandate holders. The presentation of these
reports generated reactions, contributions, and questions from State delegates,
NHRIs, and representatives of CSOs.
27. The Commission redistributed mandates and allocated membership of Special
Mechanisms and countries of responsibility as follows:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
Honourable Commissioner Rémy Ngoy Lumbu: Special Rapporteur on
Human Rights Defenders and Focal Point on Reprisals in Africa; Country
Rapporteur for Algeria, Cameroon, Cote d’Ivoire, Mali, and Togo;
Honourable Commissioner Janet Ramatoulie Sallah-Njie: Special
Rapporteur on the Rights of Women in Africa; Country Rapporteur for
Ghana, Namibia, Somalia, Mauritania; and Zimbabwe;
Honourable Commissioner Solomon Ayele Dersso: Chairperson of the
Working Group on Extractive Industries, Environment and Human Rights
Violations in Africa; Country Rapporteur for Kenya, Nigeria, Seychelles,
South Africa, and South Sudan;
Honourable Commissioner Hatem Essaiem: Chairperson of the Committee
for the Prevention of Torture in Africa; Country Rapporteur for Benin,
Djibouti, Madagascar, Mauritius, and Sudan;
Honourable Commissioner Maria Teresa Manuela: Special Rapporteur on
Prisons, Conditions of Detention and Policing in Africa; Country
Rapporteur for Cabo Verde, Equatorial Guinea, Guinea-Bissau,
Mozambique and São Tomé and Príncipe;
Honourable
Commissioner Mudford
Zachariah
Mwandenga: Chairperson of the Working Group on Economic, Social and
Cultural Rights in Africa; Country Rapporteur for Ethiopia, Liberia,
Malawi, Rwanda and Uganda;
Honourable Commissioner Marie Louise Abomo: Chairperson of the
Working Group on the Rights of Older Persons and People with Disabilities
in Africa; Country Rapporteur for Angola; Burundi, Congo, Democratic
Republic of Congo, and Gabon;
Honourable
Commissioner Ourveena
Geereesha
TopsySonoo: Special Rapporteur on Freedom of Expression and Access to
Information in Africa; Country Rapporteur for Botswana, Lesotho,
Tanzania, Sahrawi Arab Democratic Republic, and Zambia;
Honourable Commissioner Idrissa Sow: Chairperson of the Working
Group on Death Penalty, Extrajudicial, Summary or Arbitrary Killings and
Enforced Disappearances in Africa; Country Rapporteur for Burkina Faso,
Central African Republic, Chad, Comoros, and Guinea;
Honourable Commissioner Litha Musyimi-Ogana, Chairperson, Working
Group on Indigenous Populations/Communities and Minorities in Africa
& Chairperson, Committee on the Protection of the Rights of People Living
with HIV and those at Risk, Vulnerable to and Affected by HIV in Africa;
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Country Rapporteur for Egypt, Eswatini, Eritrea, Sierra Leone and The
Gambia; and
Honourable Commissioner Selma Sassi-Safer: Special Rapporteur on
Refugees, Asylum Seekers, Internally Displaced Persons and Migrants in
Africa; Country Rapporteur for Libya, Niger, Senegal, and Tunisia.
xi.
28. During its private Session, the Commission considered and adopted the
following Reports:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
Report of the Chairperson on the Intersession Oversight Activities;
Report of the Secretary to the Commission;
Report on the Status of Follow-up Actions and Decisions from the 76th
Ordinary Session;
Report of the Advisory Committee on Budgetary and Staff Matters;
Report on Administrative Seizures;
Report of the Working Group on Communications;
Report of the Working Group on Specific Issues related to the Work of
the Commission;
Report on the Audit of Communications;
Report of the 2023 Annual Work Plan Implementation as of the third
Quarter; and
Audit Report on Pending Applications for Observer Status and review
of the Resolution on Granting Observer Status to NGOs.
29. The Commission considered and adopted its Report on the Promotion Mission to
Namibia, undertaken in June 2023.
30. The Commission also considered and validated the ACHPR Monitoring and
Evaluation Plan.
31. The Commission considered and noted for further deliberation the following
documents:
i.
ii.
ACHPR 2024 Annual Work Plan; and
Concept Note and Status of Implementation of the Activity Report
on the State of Human and Peoples’ Rights
32. The Commission considered five (5) Communications as follows:
i.
ii.
Two (2) Communications on Admissibility, which were declared
admissible; and
Three (3) Communications on the Merits, of which two (2) were
adopted and one (1) was deferred.
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33. The Commission adopted five (5) Resolutions on the Re-allocation of Country
Rapporteurship; Appointments and Reconstitution of Special Mechanisms,
including Internal Committees, as follows:
i.
ii.
iii.
iv.
v.
Resolution on the Re-Allocation of Country Rapporteurship amongst
Commissioners;
Resolution on the Appointment of the Special Rapporteur on
Refugees, Asylum Seekers, Internally Displaced Persons and
Migrants in Africa;
Resolution on Appointment for Expert Members of the Working
Group on Indigenous Populations/Communities and Minorities in
Africa;
Resolution on the Reconstitution of the Working Group on Specific
Issues related to the Work of the Commission; and
Resolution on the Reconstitution of the Committee on the Protection
of the Rights of People Living with HIV (PLHIV) and those at Risk,
Vulnerable to and Affected by HIV.
34. The Commission adopted one (1) Country Resolution:
i.
Resolution on the Human Rights Situation and Humanitarian
Crisis caused by the ongoing Armed Conflict in the Republic of
The Sudan.
35. The Commission adopted six (6) Thematic Resolutions:
i.
ii.
iii.
iv.
v.
vi.
Resolution on the Commitment of the African Commission on
Human and Peoples' Rights to support States in the search for
Lasting Solutions to reduce Forced Displacement and its
Consequences in Africa;
Resolution on the Need to undertake a Study to assess the Level of
Compliance of National Legislations with the Guidelines on
Freedom of Association and Assembly in Africa;
Resolution on the Deployment of Mass and Unlawful targeted
Communication Surveillance and its Impact on Human Rights in
Africa;
Resolution on the Need to Protect Civic Space, Freedom of
Association and Assembly in Africa;
Resolution on the Appointment of a Focal Point on Judicial
Independence in Africa; and
Resolution on the Criteria for Granting and Maintaining Observer
Status to Non-Governmental Organizations working on Human
and Peoples’ Rights in Africa.
36. The Commission considered and adopted its combined 54th and 55th Activity
Report.
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37. The Commission decided to hold its 78th Private Ordinary Session, virtually, from
23 February to 8 March 2024. Details of the next Ordinary Session will be made
available on the Commission’s website in due course.
38. The Commission expresses its sincere gratitude to State Parties, International
Organizations, NHRIs, NGOs, and all stakeholders who participated in this
Ordinary Session.
39. The Commission also expresses its profound gratitude to H.E Dr. Samia Suluhu
Hassan, President of the United Republic of Tanzania, the Government and the
People of the United Republic of Tanzania for hosting the 77th Ordinary Session,
the hospitality and facilities accorded to the Commission, its staff, and
participants of the Session.
40. The Closing Ceremony of the 77th Ordinary Session took place on 9 November
2023.
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