AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on Human & Peoples’ Rights
Comissão Africana dos Direitos Humanos e dos Povos
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
37THACTIVITY REPORT OF THE AFRICAN COMMISSION ON
HUMAN AND PEOPLES’ RIGHTS
Submitted in Accordance with
Article 54 of the African Charter on Human and Peoples’ Rights
I.
INTRODUCTION
1. This 37th Activity Report of the African Commission on Human and Peoples’ Rights
(the Commission), which is presented in accordance with Article 54 of the African
Charter on Human and Peoples’ Rights (the African Charter), covers the period June
to December 2014. It highlights amongst others, the Statutory meetings of the
Commission; the Resolutions adopted by the Commission; the human rights
complaints before the Commission; Letters of Urgent Appeal sent by the
Commission; the human rights situation on the continent; promotion missions and
fact finding missions undertaken by the Commission; financial and administrative
matters; as well as implementation of Executive Council decisions.
II.
STATUTORY MEETINGS
2. Three statutory meetings were held during the reporting period, namely: (i) the 6th
Meeting of the Joint Bureaux of the Commission and the African Court on Human
and Peoples’ Rights (the African Court) which was held on 16 July 2014 in Kigali
Rwanda; (ii) the 3rd Annual Meeting of the Two Institutions which took place on 18
– 19 July 2014 in Kigali, Rwanda; and (iii) the 16th Extra-Ordinary Session (EOS) of
the Commission, which took place from 20 to 29 July 2014, also in Kigali, Rwanda.
a) 6th Joint Bureaux Meeting - Kigali, Rwanda, 16 July 2014
3. The meeting of the Joint Bureaux considered the work that had been undertaken by
the Registry of the African Court and the Secretariat of the Commission to
implement the decisions taken by the Two Institutions in their previous joint
meetings; the meeting also reviewed the preparations for the Third Annual Meeting
of the Two Institutions.
b) 3rd Annual Joint Meeting – Kigali, Rwanda, 18-19 July 2014
4. Among other things, the Two Institutions discussed issues directed at deepening
their complementary relationship and facilitating the promotion and protection of
human rights on the continent; they also reviewed the preparations for the
celebration of 2016 as the African Year of Human Rights with Special Reference to
Women’s Rights in line with Executive Council Decision EX.CL/857(XXV).
c) 16th EOS – Kigali, Rwanda, 20 to 29 July 2014
5. During the 16th EOS, the Commission adopted 8 Resolutions and considered 26
Communications as appears more fully in paragraphs 9 and 18 - 21 hereinafter,
respectively.
d) 56th Ordinary Session
6. The 56th Ordinary Session, which had initially been scheduled for 14-30 October
2014, was postponed twice due to the Ebola outbreaks especially in Guinea, Sierra
Leone and Liberia. The Commission now plans to hold this Session at the
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Headquarters of the Union in Addis Ababa, Ethiopia. The new dates will be
communicated in due course.
III. STATE REPORTING
7. The status of submission of Periodic Reports to the Commission by Member States
currently stands as follows:
Status
State Party
Report
with
the Malawi, Nigeria, Senegal, Sierra Leone, Uganda, Niger, Ethiopia,
Commission
for Djibouti, Kenya and Algeria.
consideration – 10
Up to date – 6
Cameroon, Côte d’Ivoire, Gabon, Liberia, Mozambique and SADR.
1 Report overdue – 6
Burkina Faso, Burundi, Libya, Namibia, Sudan and Togo.
2 Reports overdue- 6
Angola, Botswana, Congo Brazzaville, DRC, Mauritius and Rwanda.
3 Reports overdue – 6 Zimbabwe, Benin, Tanzania, Tunisia, Madagascar and Zambia.
More than 3 Reports Cape Verde, Chad, CAR, Egypt, The Gambia, Ghana, Guinea, Lesotho,
overdue – 13
Mali, Mauritania, Seychelles, South Africa and Swaziland.
Never submitted a Comoros, Equatorial Guinea, Eritrea, Guinea-Bissau, Sao Tome and
Report – 6
Principe and Somalia.
Yet to ratify the South Sudan.
African Charter -1
3
8. There are 10 Periodic Reports currently before the Commission: those of Senegal,
Sierra Leone, Malawi, Niger, Nigeria, Uganda, Djibouti, Ethiopia, Kenya and
Algeria. If the 56th Ordinary Session had taken place as scheduled, at least 8 of these
Reports would have already been considered by now. The Commission will
prioritize consideration of these Reports during the 56th Ordinary Session of the
Commission later this year.
IV.
RESOLUTIONS ADOPTED BY THE COMMISSION
9. As indicated in paragraph 5 above, the Commission adopted 8 Resolutions during
the reporting period, as follows:
(i)
Resolution on the Food Crisis in Somalia;
(ii) Resolution on the Need to Conduct a Study on Child Marriage in Africa;
(iii) Resolution on the Need to Conduct a Study on HIV, Human Rights and the
Law;
(iv) Resolution on Freedom of Expression in the Kingdom of Swaziland;
(v) Resolution on Human Rights Abuses in Egypt;
(vi) Resolution Condemning the Perpetrators of Sexual Assault and Violence in the
Arab Republic of Egypt;
(vii) Resolution Appointing an Expert Member for the Committee on the Protection
of the Rights of People Living with HIV; and
(viii) Resolution on the UN World Conference on Indigenous Peoples.
V. PROMOTION/RESEARCH MISSIONS
10. The Commission was not able to undertake any promotional mission during the
reporting period. The reason for this was two-fold. In some cases this was because
Member States did not respond or authorize the requested promotional missions. In
other cases it was because of the inability to find dates that were mutually
convenient for the Member States and the Commission, especially in light of the
uncertainty around the dates and venue of the 56th Ordinary Session on account of
the Ebola outbreak in West Africa, which meant that other planned activities had to
be put on hold.
11. The Commission exhorts those Member States to which requests for promotional
missions have been addressed to accede to these requests, and also seizes this
opportunity to reiterate its request to Member States to give the Commission
standing invitations to undertake promotional missions in their respective countries
in line with Executive Council Decision EX.CL/856(XXV), so as to facilitate and
expedite implementation of the Commission’s mandate.
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VI. FACT-FINDING MISSION
a. Fact-Finding Mission to the Central African Republic
12. The Chairperson of the Commission, Honourable Kayitesi Zainabo Sylvie, together
with Commissioner Béchir Mohamed Khalfallah who is the Vice-Chairperson of the
Commission and also the Commissioner responsible for human rights promotion
and protection in the Central African Republic (CAR), and Commissioner Maya
Sahli-Fadel who is the Commission's Special Rapporteur on Refugees, Asylum
Seekers, Migrants and Internally Displaced Persons in Africa, jointly undertook a
fact-finding mission to the CAR from 10 - 14 September 2014.
13. The Commission delegation held discussions with representatives of the
government, the UN System, different religious groups, civil society organizations
and internally displaced persons. The delegation managed to gather evidence
regarding cases of serious human rights violations that have occurred in the country,
some of which are still ongoing. The report of the fact-finding mission will be
considered by the Commission during the 56th Ordinary Session, after which the
outcome will be shared with the Government of the CAR and the AU Policy Organs.
VII.
LETTERS OF URGENT APPEAL, STATEMENTS AND PRESS
RELEASES
14. During the reporting period, the Commission sent Letters of Urgent Appeal to the
following Member States, regarding different human rights issues alleged to have
taken place in their respective countries:
i. Ethiopia - a Letter of Urgent Appeal was sent regarding the situation of
some human rights defenders in the country (8 May 2014);
ii. Sudan - a Letter of Urgent Appeal was sent concerning the sentences of
100 lashes and death by hanging allegedly meted out to one Meriam
Yahia Ibrahim for adultery and apostasy (27 May 2014);
iii. Egypt – a Letter of Urgent Appeal was sent regarding 10 persons
allegedly sentenced to death (18 June 2014);
iv. Mauritania - a Letter of Urgent Appeal was sent concerning detention
of some human rights activists (4 July 2014);
v. Democratic Republic of Congo - Letters of Urgent Appeal were sent
concerning some human rights defenders (4 July 2014 & 25 July 2014);
vi. Burundi - Letters of Urgent Appeal were sent concerning the retention
of patients in hospitals for non-payment of medical fees, and also
regarding dead bodies found in Lake Rweru on the Burundi side of the
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border between Burundi and Rwanda (18 September 2014 & 3 October
2014);
vii. Nigeria - a Letter of Urgent Appeal was sent regarding soldiers
allegedly sentenced to death (19 September 2014);
viii. The Gambia - a Joint Letter of Urgent Appeal was sent by the Special
Rapporteur on Freedom of Expression and Access to Information in
Africa and the Commissioner responsible for human rights in The
Gambia, regarding the alleged continued incommunicado detention
of Journalist Chief Ebrima Manneh since 2006 (8 October 2014).
15. The following countries responded to the Letters of Urgent Appeal from the
Commission:
i. Egypt - the Government said it was not aware of the case of 10 persons
allegedly sentenced to death and requested additional information,
which the Commission is working on; the Government also sought to
justify the application of the death penalty in the country and to
indicate the procedural and legal guarantees provided by law in such
cases.
ii. The Gambia - The Government responded, stating that it sees no
reason why Chief Manneh will be detained for eight (8) years for a
crime that the Government did not know about, when those charged
with treason are tried in public courts.
16.
Also, while the Sudan did not respond to the Letter of Urgent Appeal from the
Commission, it is the understanding of the Commission on the basis of
information subsequently available in the public domain, that the concerning
sentence has since been overturned by the Supreme Court of the Sudan and the
alleged victim - Meriam Yahia Ibrahim – has been released, and has left and
taken up residence outside the country.
17.
In addition to Statements issued by the Commission and its Special Mechanisms
to commemorate the various days of particular significance on the human rights
calendar and to address diverse human rights situations on the continent, the
Commission also issued seventeen (17) Press Releases during the reporting
period.
18.
The Commission would also like to indicate that, pursuant to Article 45(1) (c) of
the Charter, it continues to collaborate with the Special Mandate-Holders of the
United Nations Human Rights Council with a view to ensuring better promotion
and protection of human rights on the continent
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VIII. COMPLAINTS OF HUMAN RIGHTS VIOLATIONS CURRENTLY BEFORE
THE AFRICAN COMMISSION
19. Eighty-seven (87) Communications are currently before the Commission. As
indicated in paragraph 5, during the 16th EOS the Commission examined 26
Communications1, broken down as follows:
i. Nine (9) Communications on Seizure – Of these, Provisional Measures
were issued
in four (4) of these Communications, one (1)
Communication was deferred pending receipt of additional
information, while one (1) request for review of a seizure decision was
deferred also pending receipt of additional information;
ii. Thirteen (13) Communications on Admissibility – nine (9) were
declared admissible, two (2) were declared inadmissible, one (1) was
deferred for further consideration, and in one (1) request for review of
admissibility decision was denied;
iii. One (1) struck out for want of diligent prosecution; and
iv. Two (2) Communications on the Merits.
20. The detailed breakdown of these 26 Communications2 is as follows:
I.
Communications at Seizure Level
a) Seized:
(i) Communication 471/14 – Meriam Yahia Ibrahim and Others v. Sudan
(ii) Communication 476/14 – Magdy Moustafe El-Baghdad v. Sudan
(iii) Communication 477/14 – Crawford Lindsay Von Abo v. Zimbabwe
b) Seized and Provisional Measures Issued:
(i)
Communication 472/14 – La Famille de Feu Audace Vianned
Habonarugira v. Burundi
1 Two (2) of the Communications which were considered by the Commission during the reporting period
have not been authorized for publication by the Executive Council, as indicated in paragraph 8 of
Executive Council Decision Ex.CL/887(XXVI).
2 Ibid.
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(ii) Communication 473/14 – La Famille de Feu Jackson Ndikuriyo v.
Burundi
(iii) Communication 474/14 – La Famille de Feu Jean Claude Ndimumahoro
v. Burundi
(iv) Communication 475/14 – La Famille de Feu Medard Ndayishimiye v.
Burundi
c) Not Seized (deferred pending further information)
(i) Communication 468/14 – Remember Miamingi v. South Sudan and Uganda
d) Request for review of seizure decision (deferred pending further information)
(i) Communication 465/14 (R)– Benedict F. Sannoh (represented by Innocent
Project Africa) v. South Sudan
II.
Communications at Admissibility Level
a) Admissible:
(i) Communication 332/06 - CEMIRIDE v. Kenya
(ii) Communication 406/11 - Law Society of Swaziland v. Swaziland
(iii) Communication 430/12 - Gabriel Shumba and Others v. Zimbabwe
(iv) Communication 454/13 - Nde Ningo v. Cameroon
(v) Communication 428/12 - Dawit Isaak v. Eritrea
(vi) Communication 423/12 – Mack-Kit Samuel and Moukoko Priso
(represented by Moualal Ruben) v. Cameroon
(vii) Communication 425/12 – Legal Defence and Assistance Project (on behalf
of Mr. Abiodun Subaru) v. Nigeria
(viii) Communication 377/09 – Mendukazi Patricia Monakali v. South Africa
(ix) Communication 444/13 - Justice Thomas Masuku (represented by Lawyers
for Human Rights Swaziland) v. Swaziland
b)
Inadmissible:
(i) Communication 435/12 - Eyob B. Asemie v. Lesotho
(ii) Communication 366/09 - Hammadi Kamoun v. Tunisia
c)
Deferred for further consideration
(i) Communication 400/11 - West African
Network of Human
Defenders (ROADDH - WAHRDN) and the Ivorian Coalition
Human Rights Defenders (CIDDH) v. Cote d'Ivoire
Rights
of
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d) Denial of Request for review of decision at admissibility level
(i)
Communication 260/02 - Bakweri Land Claims Committee (BLCC) v.
Cameroon
III. Communications struck off for want of diligent prosecution
(i) Communication 390/10 – Abba Aboubakar v Cameroon
IV. Communications at Merits Level3
21. During the reporting period, the Commission received a request for an Oral Hearing
from the Complainant in Communication 288/2004 - Gabriel Shumba v Zimbabwe,
regarding implementation of the Commission’s decision and recommendations. The
request was made within the framework of Rule 112 of the Rules of Procedure of the
Commission, and will also be considered during the Commission’s upcoming
Session.
IX. APPEARING BEFORE THE AFRICAN COURT
22. During the reporting period the Commission appeared before the African Court on
Human and Peoples’ Rights for the very first time, to argue a case that it has
submitted to the Court. The Public Hearing of the Commission’s case, which is
before the African Court as Application 006/12 – African Commission on Human
and Peoples’ Rights V. Kenya, took place on 27 and 28 November 2014, at the seat
of the Union in Addis Ababa, Ethiopia.
23. This matter previously came before the Commission as Communication 381/09 –
Centre for Minority Rights Development – Kenya and Minority Rights Group
International (on behalf of the Ogiek Community of the Mau Forest) v. Kenya.
24. The Commission referred the matter to the African Court on 12 July 2012, on
account of the Respondent State’s failure to comply with the Provisional Measures
issued by the Commission in the matter and the serious/massive violations of
human rights involved.
3 Ibid. The 2 Communications considered on the Merits have not been authorized for publication on the
basis of the referenced Executive Council Decision.
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25. Referral to the African Court by the Commission was made in accordance with
Articles 45(2) and 58 of the African Charter on Human and Peoples’ Rights, Articles
2, 3 and 5 (1)(a) of the Protocol Establishing the African Court, Rule 29(3) of the
Rules of Court of 2010 and Rules 84 (2), 118(2) & (3) of the Rules of Procedure of the
Commission of 2010.
26. The decision of the Court on the matter is still awaited.
X. MEETINGS, CONFERENCES, SEMINARS AND WORKSHOPS
27. The intersession activities undertaken by the Honourable Commissioners in their
capacities as Members of the Commission and as Members of Special Mechanisms of
the Commission mainly consist of their participation in the Sessions and other
statutory meetings of the Commission, promotion missions and fact-finding
missions in various Member States, as well as seminars, conferences, workshops and
meetings aimed at promoting and protecting human rights on the continent.
28. Normally, Members of the Commission would have reported their intersession
activities to the Commission during the 56th Ordinary Session of the Commission,
and by now reports of these activities would already be available on the website of
the Commission. However, given that the 56th Ordinary Session of the Commission
did not take place and that as a result, reports of these activities are not yet in the
public domain, this Activity Report will highlight a few of these activities.
a. Continental Conference on the Abolition of the Death Penalty in Africa, 2-4
July 2014, Cotonou, Benin
29. The Commission organized a Continental Conference on the Abolition of the Death
Penalty in Africa, among other things, (i) to raise awareness among AU Member
States and other stakeholders on the issue of the death penalty and the need for the
AU to adopt an African Protocol on the Abolition of the Death Penalty; (ii) to build
the capacities of stakeholders to advocate for the abolition of the death penalty; (iv)
to provide a platform for participants to develop advocacy strategies at country and
regional levels in this respect; (v) to encourage Member States to support the
proposed United Nations General Assembly Resolution calling for a moratorium on
the death penalty and advocate for its implementation in African countries. At the
end of the Conference, participants unanimously adopted the Declaration on the
Abolition of the Death Penalty in Africa (the Cotonou Declaration).
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b. Meeting of the Committee on the Protection of the Rights of People Living
with HIV and AIDS, 6-7 June 2014, Pretoria, South Africa
30. The Commission’s Committee on the Protection of the Rights of People Living with
HIV (PLHIV) and Those at Risk, Vulnerable to and Affected by HIV organized a
Consultative Technical Meeting on “HIV, The Law and Human Rights in The African
Human Rights System: Key Challenges, Best Practices and Opportunities for Rights-based
Responses to HIV” on 6-7 June 2014 in South Africa, to consider the human rights
challenges faced by people living with HIV and AIDS, and how best to address
them.
31. Further to a Resolution earlier adopted by the Commission calling for a Study on
HIV, Human Rights and the Law, the Committee also organized a meeting on 12-13
December 2014 in Congo Brazzaville, to draw up a roadmap for the preparation of
the Study, including its Work Plan for the period 2015-2019.
c. Seminar on the Impact of Conflict on the Rights of Women and Girls, 28-30
October 2014, Bamako, Mali
32. The Special Rapporteur on the Rights of Women in Africa organized a Seminar on
the Impact of Conflict on the Rights of Women and Girls in Mali in collaboration
with the Ministry of Women, Children and Family Affairs of the Republic of Mali.
The objective of the Seminar was, among other things, to assess the impact of the
conflict on women and girls in the country, as they account for the vast majority of
those adversely affected by the crises. The Seminar also discussed the Commission’s
contribution towards the protection of the rights of women and girls in Mali during
the crisis.
d. Missions of the Special Rapporteur on Freedom of Expression and Access to
Information in Africa, to Mozambique, Ghana, Swaziland and SADC
Secretariat
33. The Special Rapporteur on Freedom of Expression and Access to Information in
Africa undertook missions to Mozambique (26 June 2014), Ghana (1-2 July 2014), the
SADC Secretariat (7 July 2014), and Swaziland (18-21 August 2014.). The Special
Rapporteur used these missions, among other things, to advocate for the adoption of
Right to Information Bills which are before the National Parliaments of the countries
visited; she also used the visit to the SADC Secretariat to discuss possible areas of
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collaboration with the SADC Secretariat with regards to implementation of the
Model Law on Access to Information.
e. Meeting of the Special Rapporteur on Human Rights Defenders in Africa,
18-21 August 2014, Cotonou, Benin
34. In accordance with the Commission’s Resolution ACHPR/Res.151 (XLVI) 2009 on
the need to conduct a study on freedom of association in Africa, and Resolution
ACHPR/Res.230 (LII) 2012 on the need for a study on the situation of women
human rights defenders in Africa, the Special Rapporteur on Human Rights
Defenders in Africa organized a meeting in Cotonou, Benin, from 18-21 August 2014
to finalize the Studies on Freedom of Association and Assembly and the Situation of
Women Human Rights Defenders in Africa.
35. The Special Rapporteur on Human Rights Defenders also undertook a mission to
Cote d’Ivoire on 19 – 23 December, among other things, to follow up on the
implications for human rights defenders of the legislation which had been recently
enacted in the country.
f. Southern African Regional Consultation on Extractive Industries,
Environment and Human Rights Violations in Africa, 29 – 31 August 2014,
Johannesburg, South Africa
36. The Commission Working Group on Extractive Industries, Environment and human
Rights Violations in Africa (WGEI) in collaboration with the Legal Resource Centre,
organized a Southern African Regional Consultation on Extractive Industries,
Environment and Human Rights Violations in Africa. The main objective of the
Consultation was to evaluate and strengthen the implementation of Articles 21 and
24 of the African Charter on Human and Peoples’ Rights (the African Charter) which
relate to the right of peoples to freely dispose of their natural resources and enjoy an
environment that is satisfactory and favourable to their development.
37. In addition, the WGEI also convened a meeting of its members on 14-15 July 2014 in
Kigali, Rwanda, to review its progress to date and also to discuss its Work Plan for
the period 2015-2016.
g. Strategic Planning on the Implementation of the Guidelines on the
Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa, in
Accra, Ghana, 20 November 2014
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38. Among other things, the Special Rapporteur on Prisons and Conditions of Detention
in Africa participated in a meeting that brought together stakeholders from Member
States, Non-Governmental Organizations, and the donor community to discuss
police arrest, custody and pre-trial detention. The meeting which came up with
many recommendations and strategies for improving human rights in this area, was
co-organized with the African Policing Civilian Oversight Forum and the
Commission for Human Rights and Administrative Justice, with support from the
UNDP Regional Service Centre for Africa.
h. Internal Meeting and Roundtable Discussion on the Prevention and
Prohibition of Torture, Kampala, Uganda, 17-18 December 2014
39. The Commission’s Committee for the Prevention of Torture in Africa (CPTA)
organized a Roundtable Discussion on challenges and good practices with regard to
the prevention and prohibition of torture. This Roundtable Discussion was preceded
by an internal meeting of the CPTA during which the Committee reviewed its 20142015 Operational Work Plan and also considered the draft Technical Paper on the
development of a General Comment on Article 5 of the African Charter on Human
and Peoples’ Rights.
i. Experts Meeting on Statelessness and the Right to Nationality, Saly,
Senegal, 17- 19 December 2014
40. The Commission’s Special Rapporteur on Refugees, Returnees and Internally
Displaced Persons jointly organized a meeting with the Office of the UN High
Commissioner for Refugees on the issue of statelessness and the right to a
nationality. Among other things, the meeting discussed the challenges that confront
Africa in this area, especially having regard to the prevalence of conflicts and crises
on the continent and the many refugees, returnees and internally displaced persons
which they spawn.
j. Meeting of the Working Group on Economic, Social and Cultural Rights,
Dakar, Senegal, 14-16 December 2014
41. Among other things, the Commission’s Working Group on Economic, Social and
Cultural Rights (ECOSOC), organized a meeting in Dakar, Senegal, to work on its
2015-2018 Plan of Action, to finalize the Concept Note for the organization of a
Continental Conference on “The Right to Education for All - Africa’s Post-2015
Priorities and Challenges”, to consider the activities which the Group would
organize to celebrate the African Year of Human Rights, and to explore ways of
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strengthening collaboration between the Working Group and the UN Special
Procedures with a similar mandate.
k. Workshop
of
the
Working
Group
on
Indigenous
Populations/Communities in Africa, 15-16 December 2014, Brazzaville,
Congo
42. Following the participation of Members of the Commission’s Working Group on
Indigenous Populations/Communities in Africa (WGIP) in the UN World
Conference on Indigenous Peoples (WCIP) in New York, on 22 – 23 September 2014,
where they discussed the role and contribution of the African Human Rights System
in promoting and protecting the rights of indigenous populations, the WGIP
organized a meeting in Congo-Brazzaville on 15 - 16 December 2014. The Brazzaville
Workshop was co-organized with the Department of Human Rights and
Fundamental Freedoms of Congo, and its objectives were to raise awareness
regarding the outcome of the WCIP, and also to discuss the status of implementation
of Law No. 05-2011 relating to the promotion and protection of indigenous
populations in Congo.
XII.
THE HUMAN RIGHTS SITUATION IN AFRICA
43. It will be recalled that this section of the Commission’s Report was introduced
pursuant to a decision of the Executive Council calling upon the Commission to brief
the Policy Organs on the human rights situation on the continent, paying particular
attention to those human rights issues which the Commission is privy to by virtue of
its being the premier human rights body of the Union.
44. The Commission generally gathers some of the information for this section during
the ordinary course of its engagement with Member States and other human rights
stakeholders as it goes about the execution of its mandate. The Commission also uses
its Ordinary Sessions to get an overview of the human rights situation on the
continent. Indeed, the Ordinary Sessions of the Commission are a very good
barometer to measure the human rights situation on the continent because
representatives of both Member States and civil society are present in the same room
with the Commission during the Commission’s Sessions and are therefore able to
raise their concerns and provide responses and clarifications as necessary.
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45. As already indicated, however, the 56th Ordinary Session of the Commission did
not take place as scheduled during the reporting period. Consequently, this section
of the Report cannot be as expansive as it usually is.
(a) Positive developments
i)
With regards to freedom of expression, press freedom and access to
information: endorsement of the Right to Information Bill by the Ghanaian
Parliamentary Select Committee on Constitutional, Legal and
Parliamentary Affairs; the initiative by the Government of Mozambique to
develop a Right to Information Bill, which is currently before Parliament;
the finding by the Constitutional Court of the Republic of Zimbabwe that
Section 31 (a) (iii) of the Criminal Law (Codification and Reform Act)
which criminalized defamation was unconstitutional, with the result that
defamation is no longer a criminal offence in the Republic of Zimbabwe;
and the delivery on 5th December 2014 of the landmark decision by the
African Court on Human and Peoples’ Rights in favour of freedom of
expression in Application 04/2013: Konate v Burkina Faso;
ii)
An increase in the number of States Parties submitting their Periodic
Reports to the Commission in compliance with Article 62 of the African
Charter;
iii)
As of December 2014, eighteen (18) States Parties to the African Charter
had enacted national legislation abolishing the death penalty.4 Eleven (11)
States Parties had ratified the Second Optional Protocol to the
International Covenant on Civil and Political Rights (ICCPR) on the
abolition of the death penalty, and ten (10) of these States were also
abolitionists.5 A further twenty-four (24) States Parties had not carried out
an execution for ten years;6
iv)
Progress had also been made across the continent during the intersession
including through the on-going review of the penal code in the Comoros
4 Angola,
Benin, Burundi, Cape Verde, Côte d'Ivoire, Djibouti, Gabon, Guinea-Bissau, Madagascar, Mauritius,
Mozambique, Namibia, Rwanda, Sao Tome and Principe, Senegal, Seychelles, South Africa, and Togo.
5 Benin, Cape Verde, Djibouti, Gabon, Guinea-Bissau, Mozambique, Namibia, Rwanda, Seychelles and South Africa.
Liberia is the 11th State that has ratified OPII but not yet abolished the death penalty in national legislation. Angola,
Madagascar and Sao Tome and Principe have signed but not ratified the Protocol.
6 Algeria,
Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Democratic Republic of
Congo, Eritrea, Ghana, Guinea, Kenya, Lesotho, Liberia, , Malawi, Mali, Mauritania, Niger, Saharawi Arab
Democratic Republic, Sierra Leone, Swaziland, Tanzania, Tunisia, and Zambia.
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and the drafting of a constitutional amendment to abolish the death
penalty in Ghana. In Chad, a new penal code that made no allowance for
the death penalty was also approved by parliamentarians in September
2014. On 10 December 2014, the Parliament of Madagascar voted for a bill
abolishing the Death Penalty, and that bill now awaits the signature of the
President to become a law;
v)
An increase in the ratification of regional and international human rights
instruments by States Parties: ratification by Eritrea on 25 September 2014
of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, as well as the ratification of the
Optional Protocol to the Convention against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment by Mozambique and
Niger, respectively on 1st July 2014 and 7 November 2014.
(b) Areas of concern
i)
Large scale destruction caused by terrorist acts in different regions of the
continent has severely negatively impacted communities and set back
developmental and peace-building efforts. More often than not, innocent
civilians are the primary target of these attacks, depriving them of their
most fundamental human right to life and physical integrity. In the
Central African Republic, insecurity and violence persist, increasing the
number and the vulnerability of internally displaced persons and
refugees; South Sudan is in the grip of a crisis characterized by
horrendous violence and massive displacement; and the continuing
threats and attacks from Al Shabaab in Somalia and Boko Haram in
Nigeria targeting civilians are causing untold suffering, particularly to
women and girls;
ii)
Poverty and unemployment remain major challenges to the effective
enjoyment of socio-economic rights, especially by those living below the
international poverty threshold;
iii)
Reports of extra-judicial killings, enforced disappearances, assault,
harassment, arrest and detention of human rights defenders, journalists
and other media practitioners continue to reach the Commission;
iv)
So far only 27 of the 54 AU Member States have ratified the Protocol to the
African Charter on the Establishment of the African Court; only 7 out of
the 54 AU Member States have made the Declaration under Article 34(6) of
the Protocol allowing individuals and NGOs direct access to the African
Court; only 38 of the 54 AU Member States have ratified the Maputo
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Protocol; and South Sudan has still not ratified the African Charter on
Human and People’s Rights;
v)
So far only 16 African countries have adopted national action plans for
women, peace and security whilst two regional action plans have been
adopted by IGAD and the Great Lakes Region;
vi)
Women continue to be vulnerable to the HIV epidemic which is fueled by
conflict situations in a number of African countries, as well as sociallyendorsed cultural, economic and social discriminatory practices and
inequities against women in many African countries;
vii)
There is insufficient awareness and attention to the huge problem of
statelessness on the continent.
XIII. ADMINISTRATIVE AND FINANCIAL SITUATION
(a) Communication
46. Communication with the Commission and its Secretariat remains a huge challenge,
posing a major impediment to the Commission’s effective discharge of its mandate.
Telephone landlines do not work and the Office has to rely on a form of cordless
phone system locally referred to as Jamano, which is not as efficient as fixed
landlines and does not support office extensions; the fax is not working; internet
connectivity continues to be a major problem for the Commission; even the
Microsoft Outlook installed by the AUC Headquarters to link all AU Organs and
Offices is erratic at best, despite the huge efforts deployed by the AUC in this
regard; sending and receiving documents by email is extremely difficult and
sometimes impossible - indeed, both Member States and other stakeholders have
expressed frustration regarding the difficulties of transmitting documents to the
Commission.
(b) Construction of the Commission’s Permanent Headquarters
47. No progress was made with regards to the construction of the Commission’s
permanent Headquarters during the reporting period.
(c) Funding
48. A total of US$ 6,395,466.00 was approved for the Commission for the 2014 fiscal
year, being US$ 4, 821,043.00 from Member States’ assessed contribution and US$
1,569, 423.00 pledges from partners.
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49. As in preceding years, no program budget at all was allocated to the Commission
from the Member States. This means that therefore the Commission had to rely fully
on partner funds to implement the mandate entrusted to it under the African
Charter on Human and Peoples’ Rights. Such a situation cannot be right. And yet
this is exactly the same situation with regards to the budget approved for the
Commission for the 2015 fiscal year - no budgetary provision has been approved for
the Commission’s program budget from Member States’ contribution.
XIV. IMPLEMENTATION OF EXECUTIVE COUNCIL DECISION
(a) Implementation of decisions and recommendations of the Commission
50. It will be recalled that among other things, Executive Council Decision
(EX.CL/856(XXV) on the Thirty-Sixth (36th) Activity Report of the Commission
requested parties to Communications to provide the Commission with information
on the implementation of the Commission’s decisions and recommendations.
Following adoption of this Decision, the Commission sent Notes Verbales and letters
to parties to Communications (both Respondent States and Complainants),
requesting information regarding implementation of the Commission’s decisions
and recommendations. The Commission did not receive any information on this
during the reporting period. The Commission therefore calls upon all Respondent
States and Complainants to avail this information to the Commission, to facilitate
the Commission’s effective discharge of the mandate entrusted to it to promote and
protect human rights in Africa.
(b) Expediting ACHPR Recruitment Process
51. The above Council Decision also echoes other earlier Executive Council Decisions
which requested the AUC to expedite recruitment for the Commission’s Secretariat.
In that regard, the Commission is happy to report that during the reporting period
the AUC was able to recruit staff for some of the vacant posts at the Secretariat.
However, there are still some key posts that remain vacant, including those of
interpreters, translators, IT personnel, and human resource officers, to name a few. It
is therefore hoped that the recruitment process will continue in an expeditious
manner, to enable the Commission effectively discharge its mandate.
(c) Budgetary increase
52. It will be recalled that through the above Decision, Executive Council also decided
to increase the budgetary allocation to the Commission’s program budget in order to
prevent the dependence of such a sensitive and important AU Organ on partner
funds for the performance of its functions. This decision was not respected in the
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budget approved for the Commission for the 2015 fiscal year, and it is sincerely
hoped that this decision will be honoured and implemented when the 2015 budget
allocations for the various Organs are firmed up during the January 2015 AU Policy
Organ meetings in Addis Ababa, Ethiopia, to enable the ACHPR effectively execute
its mandate.
XV.
RECOMMENDATIONS
53. Having regard to the foregoing, the Commission recommends as follows:
To State Parties:
i) Sign, ratify, domesticate and implement African and international human
rights instruments, more particularly, the Protocol to the African Charter on
Human and People’s Rights on the Establishment of an African Court on
Human and Peoples’ Rights; the African Charter on Democracy, Elections and
Governance; the African Union Convention on Preventing and Combating
Corruption; the Convention for the Protection and Assistance of Internally
Displaced Persons in Africa; and the Maputo Protocol Relating to the Rights
of Women in Africa;
ii) Make the Declaration required under Article 34 (6) of the Protocol to the
African Charter on Human and People’s Rights on the Establishment of an
African Court on Human and Peoples’ Rights;
iii) Comply with the Commission’s Guidelines for National Periodic Reports, the
Commission’s State Party Reporting Guidelines for Economic, Social and
Cultural Rights in the African Charter on Human and Peoples’ Rights, and
also the Commission’s Guidelines for State Reporting under the Maputo
Protocol, in the preparation and presentation of their Periodic Reports;
iv) Respect and honour the decisions and recommendations of the Commission
on Communications and report on the measures they have taken to
implement the decisions and recommendations as requested by Executive
Council Decision EX.CL/856(XXV);
v) Respect and respond to Letters of Urgent Appeal from the Commission as
exhorted by Executive Council Decision EX.CL/856(XXV);
vi) Grant the Commission standing authorization to undertake promotional
missions in their respective countries in line with the exhortations of
Executive Council Decision EX.CL/856(XXV);
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vii)Implement Resolutions adopted by the Commission addressing various
human rights issues on the continent as required by Executive Council
Decision EX.CL/856(XXV);
viii) Consider hosting one of the Sessions of the Commission.
To the Republic of South Sudan:
Ratify the African Charter.
To those Member States to whom requests for authorization to undertake promotional
missions in their respective countries have been made:
Accede to the Commission’s requests to undertake promotional missions.
To the AUC:
Expedite the recruitment for the remaining positions at the Commission’s
Secretariat.
To the Commission’s Host Government:
i) Make the necessary steps to construct the Commission’s Permanent
Headquarters as requested by the Executive Council Decision as soon as
possible;
To the Executive Council:
i) Increase support to the Commission in material and financial terms, to enable
it carry out its mandate effectively, in line with decision EX.CL/856(XXV)
regarding prevention of the Commission’s dependency on partner funds for
the performance of its functions;
ii) Urge parties to Communications to inform the Commission of the measures
(being) taken to implement the decisions of the Commission in their
respective cases;
iii) Facilitate the Commission’s prosecution of cases before the African Court by
allowing the Members of the Commission representing the Commission
before the Court to be paid a daily representation allowance assessed at the
same rate as the daily sitting allowance currently allowed Commissioners
during Sessions of the Commission;
iv) Include in the budget of the Commission funding for activities aimed at
celebrating 2016 as the African Year of Human Rights with particular
reference to the Rights of Women.
To the Assembly of Heads of State and Government:
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i)
Urge Member States to honour their obligations under the African Charter
and comply with the decisions of the Commission;
ii)
Urge the Republic of South Sudan to ratify the African Charter;
iii)
Urge the Republic of The Gambia to construct the Headquarters of the
Commission and to address the communication challenges facing the
Commission and its Secretariat.
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