54TH AND 55TH ACTIVITY REPORTS
OF THE
AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
Presented in accordance with
Article 54 of the African Charter on Human and Peoples' Rights
1
I.
SUMMARY
1. The 54th and 55th Combined Activity Reports of the African Commission on Human and
Peoples' Rights (the Commission or the ACHPR) are 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) and cover the period from 10
November 2022 to 10 November 2023.
2. The activities presented in this Report that the Commission undertook during the period
under review are geared towards achieving the priority areas set out in the Commission's
2021-2025 Strategic Plan. Accordingly, the Commission's statutory meetings were
devoted in particular to strengthening the protection mandate by processing
Communications on alleged human rights violations, thereby reinforcing the Commission's
implementation of its mandate to protect human and peoples' rights. This mandate is
further strengthened by the Commission's interventions on urgent and pressing human
rights issues through urgent appeal letters, press releases, resolutions and letters of
congratulations.
3. It also includes activities relating to better promotion of human rights on the continent, as
required by the African Charter.
4. The activities carried out by the Commission's Special Mechanisms and the consideration
of Reports of States Parties to the African Charter on the implementation of the rights and
freedoms enshrined in the African Charter have contributed to the improvement of
national legal and institutional frameworks for the promotion and protection of rights at
national level through the adoption of new laws, the revision of existing laws and the
creation or reform of relevant institutions in States Parties. The Report also presents
issues relating to the Commission’s finances, staffing and functioning, as well as the
Commission's recommendations on the human rights situation on the continent.
II.
BACKGROUND
5. The Commission is an independent Organ established under Article 30 of the African
Charter, which was adopted by the Assembly of Heads of State and Government of the
Organisation of African Unity (OAU) in 1981. The African Charter has been ratified by all
AU Member States, with the exception of the Kingdom of Morocco, which rejoined the
Union in January 2017. The Commission became operational in 1987 and is based in
Banjul, Gambia.
6. The Commission is composed of eleven (11) members elected by the Heads of State and
Government of the AU, and they serve in their individual capacity and on a part-time basis.
2
However, during the period under review, the Commission currently operated with ten (10)
Commissioners. 1
7. The Commission’s mandate, as defined in Article 45 of the African Charter, is as follows:
i.
To promote human and peoples' rights, and in particular;
a) To collect documentation, carry out studies and research on African problems in the
field of human and peoples' rights, organise seminars, colloquia and conferences,
disseminate information, encourage national and local bodies concerned with
human and peoples' rights and, where appropriate, give advice or make
recommendations to Governments;
b) To formulate and lay down principles and rules to resolve legal problems
relating to the enjoyment of human and peoples' rights and fundamental
freedoms, with a view to serving as a basis for the adoption of legislative
texts by African Governments;
c) To cooperate with other African and international institutions concerned
with the promotion and protection of human and peoples' rights;
ii. To ensure the protection of human and peoples' rights under the conditions laid
down in this Charter;
iii. To Interpret any provision of the present Charter at the request of a State Party,
an OAU Institution or an African Organization recognized by the OAU; and
iv. To carry out any other tasks that may be entrusted to it by the Conference of
Heads of State and Government.
III.
MEETINGS OF THE AU' POLICY-MAKING ORGANS, STATUTORY MEETINGS AND OTHER
INSTITUTIONAL MEETINGS DURING THE REPORTING PERIOD
A. MEETINGS OF THE AU POLICY-MAKING ORGANS
36th African Union Summit, Addis Ababa, Ethiopia
8. The Commission participated in the following meetings of the AU's Policy-making Organs,
held in January and February 2023:
i. The 45th Ordinary Session of the Permanent Representatives Committee (PRC) held
virtually from 16 to 27 January 2023;
ii. The 42th Ordinary Session of the Executive Council (EC) held from 15 to 16 February
2023 in Addis Ababa, Ethiopia;
iii. The 36th Ordinary Session of the Assembly of Heads of State and Government (the
Assembly) held from 18 to 19 February 2023 in Addis Ababa, Ethiopia.
1 A list of the current membership of the Commissioners is annexed to the Report.
3
9. In accordance with the African Charter and established practice, the 52nd and 53rd
Combined Activity Reports of the Commission were presented to the 45th Ordinary Session
of the PRC. After discussions at PRC and Executive Council level, publication of the Activity
Reports was authorised by Decision EX.CL/Dec.1196(XLII). The Report has been published
on the Commission's website, together with the responses of a number of States Parties,
which are appended to this Report.
46th Ordinary Session of the Permanent Representatives Committee, 43rd Ordinary Session
of the Executive Council and 5th Biannual Coordination Meeting between Member States
10. The Commission also participated in the following meetings of the AU's Policy-making
Organs, held in July 2023:
i.
46th Ordinary Session of the Permanent Representatives Committee (PRC): held
virtually from 19 June to 4 July 2023
ii.
43rd Ordinary Session of the Executive Council: held from 13 to 14 July 2023 in
Nairobi (Kenya); and
iii. 5th Biannual Coordination Meeting between the African Union, the Regional Economic
Communities and the Regional Mechanisms, 16 July 2023 in Nairobi (Kenya).
11. During the 43th Ordinary Session of the EC, three (3) members of the ACHPR were reelected and appointed for a period of 6 years, namely: Honourable Commissioner Rémy
Ngoy Lumbu (DRC); Honourable Commissioner Hatem ESSAIEM (Tunisia); Honourable
Commissioner Maria Teresa Manuela (Angola); and one (1) member was elected and
appointed for a period of 6 years, namely: Mrs Salma Sassi-Safer (Algeria).
Retreat of the African Union Permanent Representatives Committee on institutional reforms
and other related commitments, 8 to 11 June 2023, Kigali, Rwanda
12. The Commission took part in the retreat, during which it presented its concerns about
the reform proposals affecting it and made the relevant recommendations.
Executive Council Retreat, 1 to 3 October 2023, Kigali, Rwanda
13. Through its participation in this retreat, the Commission was able to contribute to the
discussions on the evaluation of the first ten-year plan for the implementation of Agenda
2063 and the review of the second ten-year plan, which runs from 2024 to 2033 and is
a decade of acceleration, building on the first which focused on convergence.
B. STATUTORY AND INSTITUTIONAL MEETINGS
36th Extraordinary Session (Private), 9 January 2023 (virtual)
14. The 36th Extraordinary Session was held virtually on 9 January 2023. The Final
Communiqué of this session, published on the Commission's website, gives a full account
of the deliberations that took place.
4
74th Ordinary session, 23 February to 9 March 2022
15. The 74th Ordinary Session was held virtually from 21 February to 7 March 2023. Details
of the activities undertaken by the Commission during its 74th Ordinary Session are set out
in the corresponding Final Communiqué, which can be consulted on the Commission's
website: www.achpr.org.
75th Ordinary session, 3 to 23 May 2023
16. The 75th Ordinary Session was held in hybrid mode in Banjul, Gambia, from 3 to 23 May
2023.
17. During this Session, the Commission organised the following panels:
i.
Panel on raising awareness of the Guidelines on freedom of association and
assembly in Africa, for effective implementation;
ii. Panel on raising awareness of the treaty against trade in instruments of torture;
iii. Panel on the 29th Commemoration of the 1994 Genocide against the Tutsis in
Rwanda;
iv. Panel discussion on the African Union's theme for 2023: "Accelerating the
implementation of the African Continental Free Trade Area (AfCFTA)";
v. Panel on the human rights situation in prisons;
vi. Panel on using data to make significant progress on economic, social and cultural
rights;
vii. Panel on the Debate on the Reform of the Judicial and Quasi-judicial Organs of the
African Union;
viii. Panel on the protection of the socio-economic rights of refugees and migrants at
national level;
ix. Panel on the official launch of the Guidelines on the Respect for Human and
Peoples' Rights of the African Charter in the Context of States of Emergency or
Disasters;
x. Panel on State Reports: sharing best practice.
18. The Commission has also launched the following documents:
i.
Guidelines on compliance with human and peoples' rights standards under the
African Charter in emergency and disaster situations.
ii.
Guidance Note on State reports; and
iii. Report on the production, trade and use of instruments of torture in Africa.
19. Details of the activities undertaken by the Commission at its 75th Ordinary Session are set
out in the corresponding Final Communiqué, which can be consulted on the Commission's
website: www.achpr.org.
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20. The intersession reports presented by the Members of the Commission and the Special
Rapporteurs at the 75th Ordinary Session can also be consulted on the Commission's
website.
76th Ordinary Session (Private), 19 July - 2 August 2023
21. The 76th Ordinary Private Session was held virtually from 19 July to 2 August 2023. Details
of the activities undertaken by the Commission during its 76th Ordinary Session are set
out in the corresponding Final Communiqué, which can be consulted on the Commission's
website: www.achpr.org.
77th Ordinary Session, 20 October to 9 November 2023
22. The 77th Ordinary Session was held face-to-face in Arusha, Tanzania, from 20 October to
9 November 2023.
23. During this Session, the Commission commemorated the African Human Rights Day and
the twentieth anniversary of the Maputo Protocol by organising a series of activities
including the High Level Panel entitled "Commemorative High Level Panel of the African
Human Rights Day on Maputo@20 : Call for Universal Ratification, Implementation,
Domestication and Reporting on the Maputo Protocol"; and the honouring of personalities
relevant to the subject at hand, including Her Excellency Samia Suluhu Hassan, President
of the United Republic of Tanzania.
24. The Commission also organised, alone or in partnership with various stakeholders and
partners, the following panels:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
Panel on the ratification of the Protocol to the African Charter on Social Protection
in Africa and the dissemination of General Comment No. 7 on States' obligations
under the African Charter in the context of the private provision of social services;
Panel on stakeholder consultation on the draft 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 in
Africa;
Joint panel of the African Commission on Human and Peoples' Rights (ACHPR) and
the African Union Advisory Council on Corruption (AUCCC);
Joint Panel on Enforced Disappearances during Elections (with the United Nations
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 particular emphasis on the study of OHCHR/ACHPR collaboration on
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;
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x.
xi.
Panel on Indigenous Peoples in Africa: Exchange of experiences;
Joint Panel of the ACHPR and the African Court on Human and Peoples' Rights in
the context of the Joint Roadmap on Complementarity; and
xii.
Panel on the use of the Guidelines and Principles for State Reporting under Articles
21 and 25
25. At this Session, the Commission launched the following documents;
i.
African Guiding Principles on the Human Rights of All Migrants, Refugees and
Asylum Seekers;
ii. Study on African responses to migration;
iii. Study on the use of force by law enforcement officers and prison guards;
iv. Launch of the Maputo@20 Newsletter Celebrating 20 years of Women's and Girls'
Rights in Africa; etc.
v.
Report on the Case Law relating to Article 5 of the African Charter;
vi. CPTA 2023 Newsletter; and
vii.
Newsletter of the Special Rapporteur on Human Rights Defenders.
26. Details of the activities undertaken by the Commission at its 77th Ordinary Session are set
out in the corresponding Final Communiqué, which can be consulted on the Commission's
website: www.achpr.org.
27. The intersession reports presented by the Members of the Commission and the Special
Rapporteurs at the 77th Ordinary Session can also be consulted on the Commission's
website.
C. OTHER ACHPR ACTIVITIES AND COMMITMENTS
Operational coordination session between the African Union Commission (AUC) and the
Organs, Agencies and Specialised Offices, 15 July 2023, Nairobi, Kenya
28. This Operational Coordination Session between the AUC and the Organs, Agencies and
Specialised Offices was held on 15 July 2023 in Nairobi, Kenya, on the margins of the 5th
Biannual Coordination Meeting. The Session was organised by the Office of the Director
General of the AUC to discuss budgeting, policy alignment and programme development,
and improving results-based performance in all areas of activity.
IV.
STATUS OF SUBMISSION OF PERIODIC REPORTS
29. The Commission monitors the implementation of the African Charter and other relevant
legal instruments, including the Protocol to the African Charter on Human and Peoples'
Rights on the Rights of Women in Africa (Maputo Protocol) and the African Union
Convention for the Protection and Assistance of Internally Displaced Persons in Africa
(Kampala Convention), by: receiving and examining periodic reports during the Ordinary
Session; engaging directly with States on the content of their report; drawing conclusions
7
and making general recommendations on the reports; in addition to following up on the
non-submission of periodic reports by States Parties.
30. During the 75th Ordinary Session, the Commission examined the following periodic
reports:
i.
ii.
The 12th, 13th,14th and 15th Combined Periodic Reports (2015 to 2023) of the
Republic of Senegal submitted in accordance with Article 62 of the African Charter;
and
The 1st, 2nd, 3rd, 4th, 5th, 6th and 7th Combined Periodic Reports (2005 to 2019) of
the Republic of Zambia, submitted in accordance with Article 62 of the African
Charter and Article 26 (1) of the Maputo Protocol
31. Additionally, during the 77th Ordinary Session, the Commission examined the following
periodic reports:
i.
ii.
The 6th Periodic Report of the Republic of Uganda (2013 - 2022); and
The 2nd Periodic Report of the State of Eritrea (2017-2020).
32. Under Article 62 of the African Charter, States Parties are required to submit Periodic
Reports every two (2) years. The status of Periodic Reports submitted to the Commission
by States Parties, counting from the last reporting period, is therefore as follows:
8
Status
States Parties
Number
Up to date
Angola, Benin, Cameroon, Chad, Côte d'Ivoire, Egypt, Eswatini, ,
Eritrea, Ethiopia, Kenya, Malawi, Mozambique,
Mauritania, Mauritius, Namibia, Nigeria, Senegal,
Uganda and Zambia
19
1 report
outstanding
2 reports
outstanding
3 reports due
Gambia, Lesotho, Niger, Togo and Zimbabwe
05
Angola, Botswana, Democratic Republic of Congo and Rwanda
04
Algeria, Burkina Faso, Mali, Sierra Leone and South Africa
05
More than 3
reports
outstanding
Burundi, Cape Verde, Central African Republic, Congo, Djibouti,
Ethiopia, Gabon, Ghana, Guinea, Liberia, Libya, Madagascar,
Mozambique, Sahrawi Arab Democratic Republic, Seychelles,
Sudan, Tanzania and Tunisia
Comoros, Equatorial Guinea, Guinea-Bissau, Sao Tome and
Principe, Somalia and South Sudan
18
No report
submitted
06
33. With specific regard to Article 26 of the Maputo Protocol, the following twenty (20) States
Parties have submitted their periodic reports to date: Angola, Burkina Faso, Cameroon,
Democratic Republic of Congo, Eswatini, Gambia, Kenya, Lesotho, Malawi, Nigeria,
Mauritania, Namibia, Rwanda, Senegal, Seychelles, South Africa, Togo, Uganda, Zambia
and Zimbabwe. 2
34. While thirty-three (33) States Parties have ratified the Kampala Convention, to date only
one (1), Cameroon, has complied with Article 14(4) of the Kampala Convention, which
requires it to report on legislative and other measures taken to give effect to the
Convention. 3
V.
RESOLUTIONS ADOPTED BY THE COMMISSION
2 The following twenty-four (24) countries are not up to date with their reporting obligations under the Maputo Protocol:
Algeria, Benin, Cabo Verde, Comoros, Congo, Côte d'Ivoire, Djibouti, Gabon, Ghana, Guinea Bissau, Equatorial Guinea, Libya,
Liberia, Mali, Mauritius, Mozambique, Sao Tome and Principe, Sierra Leone, Tanzania, Tunisia, Uganda and Zambia.
3 The following countries have ratified it: Angola, Benin, Burkina Faso, Burundi, Cameroon, Central African Republic, Chad,
Congo, Côte d'Ivoire, Djibouti, Equatorial Guinea, Eswatini, Gabon, Gambia, Guinea Bissau, Lesotho, Liberia, Mali, Mauritania,
Mozambique, Niger, Nigeria, Rwanda, Sierra Leone, Somalia, South Sudan, Togo, Uganda, Zambia and Zimbabwe.
9
35. The Commission adopted the following Resolutions during the period under review:
SESSION
36th
Extraordinary
Session
th
74 Ordinary
Session
RESOLUTIONS ADOPTED
i.
ii.
iii.
iv.
75th Ordinary
Session
i.
ii.
iii.
iv.
76th Ordinary
Session
i.
ii.
iii.
iv.
v.
77th Ordinary
Session
Resolution on the renewal of the mandate of the Commission of Inquiry
into the situation in the Tigray Region of the Federal Democratic Republic
of Ethiopia
Resolution on business and human rights in Africa;
Resolution on a human rights-based approach to the implementation and
monitoring of the African Continental Free Trade Area Agreement; and
Resolution on the Promotion and Protection of the Rights of Intersex
Persons in Africa.
Resolution on the appointment of Expert members of the Committee for the
Protection of the Rights of People Living with HIV, Those at Risk, Vulnerable to
and Affected by HIV;
Resolution on the appointment of Expert members of the Working Group on
Indigenous Populations/Communities and Minorities in Africa;
Resolution on the appointment of an Expert member of the Working Group on
economic, social and cultural rights in Africa
Resolution on the end of the mandate of the Commission of Inquiry into the
situation in the Tigray Region of the Federal Democratic Republic of Ethiopia
Resolution on the human rights situation in Senegal
Resolution on the serious deterioration of the human rights situation in the
Republic of Sudan following the outbreak of war on 15 April 2023
Resolution on the resurgence of unconstitutional changes of government in
Africa;
Resolution on the inclusion of refugees, asylum seekers, internally displaced
persons and stateless persons in national socio-economic systems, services and
economic opportunities in Africa
Resolution on the action to be taken by the Commission in the event of
prolonged delay in the submission of the Initial State Report in accordance with
Article 62 of the African Charter on Human and Peoples' Rights (Proactive
approach)
Resolutions on the Renewal of Mandates/Reconstitution of Special Mechanisms
i.
ii.
iii.
iv.
Resolution on the reallocation of Country Rapporteur posts
between Commissioners;
Resolution on the appointment of the Special Rapporteur on
Refugees, Asylum Seekers, Internally Displaced Persons and
Migrants in Africa;
Resolution on the appointment of Expert members of the Working
Group on Indigenous Populations/Communities and Minorities in
Africa;
Resolution on the reconstitution of the Working Group on specific
questions relating to the work of the Commission; and
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v.
Resolution on the Reconstitution of the Committee on the
Protection of the Rights of People Living with HIV (PLHIV) and
People at Risk, Vulnerable and Affected by HIV
Country resolutions
Resolution on the human rights situation and the humanitarian crisis
caused by the ongoing armed conflict in the Republic of Sudan
Thematic Resolutions
i.
ii.
iii.
iv.
v.
vi.
VI.
Resolution on the commitment of the African Commission on Human
and Peoples' Rights to support States in the search for durable
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 legislation with the Guidelines on Freedom of
Association and Assembly in Africa;
Resolution on the deployment of targeted and illegal surveillance of
mass communications 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 the Independence
of the Judiciary in Africa;
Resolution on the criteria for granting and maintaining Observer
Status for non-governmental human rights organisations.
HUMAN RIGHTS COMPLAINTS/COMMUNICATIONS TO THE COMMISSION
Communications
36. As part of its protection mandate, the Commission is specifically mandated by the African
Charter to receive and consider Communications (Complaints) submitted to it on alleged
human rights violations.
37. The following Communications were considered during the period under review out of the
one hundred and eighty-five (185) currently pending before the Commission:
SESSION
74th Ordinary
Session
ADOPTED COMMUNICATIONS
Decisions adopted on Merits - 4
1. Communication 587/15 - Radio Publique Africaine (represented by Maître
Lambert Nigarura) v Republic of Burundi
2. Communication 455/13 - Abubaker Ahmed Mohamed and 28 Others
(represented by X and Y) v Federal Democratic Republic of Ethiopia
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3. Communication 686/18 - Association des femmes avocates défenseurs des
droits humains, Institute for Human Rights and Development in Africa &
Equality Now v Democratic Republic of Congo
4. Communication 402/11 & 420/12 - Sudanese Civilians in South Kordofan
and Blue Nile (represented by Sudan Democracy First Group, REDRESS,
Human Rights v/ Sudan)
.
Decisions adopted on Admissibility - 10
Admissible 5
1. Communication 691/18 - Clément Abaïfouta & Others v Republic of Chad
2. Communication 608/16 - Family of the late Oscar Nibitanga (represented by
Track Impunity Always) v Burundi
3. Communication 583/15 The Oromo Students (Represented by the
Advocates for Human Rights) v Federal Democratic Republic of Ethiopia
4. Communication 604/16 - Dr. Bushra Gamar Hussein Rahama v The
Republic of Sudan
5. Communication 780/22 - Chapter One Foundation and Young Women in
Action v Republic of Zambia
Inadmissible : 5
1. Communication 764/21-Eric Noudehouenou Houngue v Republic of
Benin
2. Communication 516/15 - Peter Ngoge and Everlyene Ekea v Kenya
3. Communication 485/14 - Peter Odiwuor Ngoge v Kenya and 535/15
- Peter Odiwuor Ngoge and Joseph Njau v Republic of Kenya
4. Communication 738/20 - Mr ZOGO ANDELA Achille Benoit v Republic
of Cameroon
5. Communication 720/19 - Daniel Felipe da Silva Guerra and Rodrigo
Lima Dantas (represented by Paulo Henrique Reis de Oliveira and
Silmara Veiga de Souza) v. Republic of Cabo Verde
Strike-out (8)
1. Communication 586/15 - Osama Yassin Abdel Wahab (Represented
by European Alliance for Human Rights) v Arab Republic of Egypt.
2. Communication 584/15 - Ms Israa Mahfouz Mohamed Al Taweel v
Arab Republic of Egypt
3. Communication 575/15 - Dr Mohamed Ibrahim Al-Beltagy v Arab
Republic of Egypt
4. Communication 578/15 - Dr. Hossam Aboubakr Elseddik Eishahht
Abouelezz v Arab Republic of Egypt
5. Communication 771/21 - The late Makosso Daniel and the late Dembi
Alphonse (represented by Mangou Léontine) v Republic of Angola
6. Communication 664/17- Ahmed Amin Ghazali Amin and 20 Others v/
Arab Republic of Egypt
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7. Communication 665/17- Aser Mohamed v Arab Republic of Egypt
8. Communication 591/2015 - Mr. El Sayed Mossad v Arab Republic of
Egypt
Referral (2)
1. Communication 377/09 - Mendozaki Patricia Monchali v Republic of
South Africa
2. Communication 680/18 - Nnamdi Kanu and the Indigenous People of
the Biafra v Federal Republic of Nigeria
75th Ordinary
Session
Decision adopted on Merits (2)
1. Communication 459/13 - Devendranath Hurnam v Mauritius
2. Communication 424/12 - Samira Ibrahim Mohamed Mahmoud and
Rasha Ali Abdel-Rahman (Represented by the Egyptian Initiative for
Personal Rights and Interights) v Arab Republic of Egypt
Decisions adopted on Admissibility (3)
Inadmissible: 2
1. Communication 778/22 - Kamilya Mohammedi Tuweni and 4 Others
(Represented by REDRESS) v/ Kenya
2. Communication 715/19 - International Institute for Fundamental Rights and
Social Justice, All4Rights v/ Democratic Republic of Congo
Admissible (1):
1. Communication 642/16 - Maison Shalom Burundi v Republic of
Burundi
Strike out (3)
1. Communication 641/16 - Dr Abdel Azim Ibrahim Mohammed v Arab
Republic of Egypt
2. Communication 728/19 - Ntahoturi Idelfonse v Republic of Burundi)
3. Communication 649/17 - Mouhamadou Moctar Mbaye v Senegal
Decision on Preliminary Objection/Guidance (1)
76th Ordinary
Session
1. .
Communication 718/19 - Maurice Kamto and Mouvement pour la
renaissance du Cameroun v Republic of Cameroon
Decisions adopted on Merits (6)
1. Communication 716/19 - Three Jehovah's Witnesses (represented by
Lawyers Associated for Human Rights in Africa) v Eritrea
2. Communication 564/15 - Community Law Centre, University of the
Western Cape & Alliance Africa v Nigeria
13
3. Communication 502/14 - The S.A. (represented by REDRESS) v
Democratic Republic of Congo
4. Communication 474/14 - Family of the late Jean-Claude
Ndimumahoro v/Burundi
5. Communication 377/09 - Mendozaki Patricia Monchali v South Africa
6. Communication 388/10 - Ntiroranya Adrien v/ Burundi
Decisions adopted on Admissibility : (7)
Admissible (3) :
1. Communication 507/15 - Andargachew Tsege and Yemsrach
Hailemariam (Represented by Reprieve and REDRESS) v Ethiopia
2. Communication 709/19 - Senator Jean-Pierre Bemba Gombo v
Democratic Republic of Congo
3. Communications 555, 556, 557 and 558 v/ Egypt
Inadmissible (4) :
1. Communication 680-17 - Nnamdi Kanu and the Indigenous People of the
Biafra v Nigeria
2. Communication 515/15 and Communication 527/15 - Peter Ngoge & Julius
Anyango v/ Kenya
3. Communication 648/16 - Human Rights Defenders Network Sierra Leone
(HRDN-SL) and West African Human Rights Defenders Network (WAHRDN) v
Sierra Leone
4. Communication 775/21- François NDAYIZEYE and X v/ Burundi
Withdrawal (1) :
1. Communication 804 - Maryam Aslyed Tiyrab (Represented by African
Human Rights Club and Ndukwe Charles Ndukwe) v Sudan
77th Ordinary
Session
Strike-out (2)
1.
Communication 702/18 - Ahmed Abdallah Mohamed Sambi v/ Union of the
Comoros
2.
Communication 730/19- Le Rassemblement Malien pour la Fraternité et le
Progrès v Republic of Mali
Decisions adopted on Merits (2)
1. Communication 599/16 - Robert F. Kennedy Human Rights and Institute for
Human Rights in Africa v. Federal Democratic Republic of Ethiopia;
2. Communication 796/22 - Rose Modong Samuel and Three Others
(Represented by John Gerry & Co. Legal Practitioners) v. Republic of South
Sudan
Decisions adopted on Admissibility: (1)
Admissible
1. Communication 739/20 - SARL METIS and Ms Etouman Adele Helene
(represented by Nchankou Ndjindam) v. Republic of Cameroon
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Referral (1)
Communications
seized (20)
Communication 704/18 - Berhane Abrehe Kidane (Represented by Solomon
Weldekirstos and Eritrean Law Society) v. State of Eritrea
1. Communication 807/23 - Daco David Toukam v. Republic of Cameroon
2. Communication 808/23 - Aref Mohamed Aref v. Republic of Djibouti
3. Communication 809/23 - Noureddine EL-BEHIRI v. Republic of Tunisia
4. Communication 810/23 - Ate Thian Angnena Kouroukanfouga", known
as A.T.A. K v. Republic of Mali
5. Comunicação 811/23 - Eric Noudehouenou HOUNGUE v. Benin
6. Comunicação 812/23 - José Marius MBOYO MAKPAMA KAVRA v.
Central African Republic
7. Comunicação 815/23 - Eric Noudehouenou HOUNGUE v. Benin
8. Comunicação 817/23 - Rami Shaath (Represented by Open Society
Justice Initiative, Freedom Initiative, Tahrir Institute for Middle East
Policy, Cairo Institute for Human Rights, Natasha Arnbrester and
Rachel Murray) v. Egypt.
9. Communication 818/23 - Mohammed Deksiso Chiri (represented by
Maxwell Kadiri and Ibrahima Kane, Open Society Justice Initiative) v.
Federal Democratic Republic of Ethiopia
10. Communication 819/23 - Daoussa Deby (Represented by Maitre
Eveline Bome, Terence Selamo and Njomo Yempo T. Huguette
Sandrine) v. Cameroon;
11. Communication 820/23 Timipa Jenkins Okponipere v. Federal
Republic of Nigeria;
12. Communication 821/23 - Limpho Hani and the South African
Communist Party v. Republic of South Africa;
13. xiii.
Communication 822/23 - DUSHIMAGIZE Dieudonné
(represented by SOS- TORTURE/Burundi and APRODH) v. Burundi
14. Communication 823/23 - DAME KONZI MONGOT née REGINA OLA OJO
v. Central African Republic ;
15. Communication 824/23 - Anges Kevin Nzigou v. Gabonese Republic ;
16. Communication 825/23 - Jean Paul BELFIS v. Republic of Congo ;
17. Communication 826/23 - TOUIKAM Daco David v. Republic of
Cameroon;
18. Communication 827/23 - Consortium de la société civile Gabonaise
pour la transparence électorale et la démocratie (COTED), Réseau des
Organisations libres de la société civile pour la bonne gouvernance au
Gabon (ROLBG) and Mike JOCKTANE v. Gabon ;
19. Communication 828/23 - Joseph KPLOCA v. Republic of Benin.
20. Communication 829/23 - Mthwakazi Republic Party v. Republic of
Zimbabwe.
15
Communications
not seized (2)
Requests for
Advisory
Opinions (1)
1.
Communication 816/23 - Baasegun (Dr) Olusola Oni v. Federal Republic of
Nigeria
2.
Communication 814/23 - Amhara Association of America (AAA) and the
Centre for Human Rights, University of Pretoria (CHR) v. Federal Democratic Republic
of Ethiopia
1. Advisory Opinion 001/23 submitted by Saïd LARIFOU (Rejected at the
admissibility stage)
38. The above tables show that during the period under review, the Commission admitted
twenty (20) Communications, decided not to admit two (2), declared ten (10) admissible
and eleven (11) inadmissible, struck thirteen (13) off the list and withdrew one (1)
Communication from its roll. The Commission also took fourteen (14) decisions on Merits.
The Commission also received for the first time a request for an advisory opinion, which it
rejected at the admissibility stage.
39. A table showing the geographical and country breakdown of all pending Communications
is attached to this Activity Report. 4
VII.
40.
APPLICATIONS FOR OBSERVER AND AFFILIATE STATUS
In accordance with Resolution ACHPR/Res.361 (LIX) 2016: Resolution on criteria for
granting and maintaining Observer status to non-governmental organisations working on
human and peoples' rights in Africa, the Commission, at its 75th and 77th Ordinary
Session, granted Observer status to the following seventeen (17) NGOs:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
Avocats Sans Frontières Canada/Québec (ASFC);
Ivorian Coalition of Human Rights Defenders (CIDDH);
Uganda Association of Women Lawyers (FIDA Uganda);
Tanzania Network of Legal and Aid Providers (TANLAP);
Network of Ethiopian Women's Associations (NEWA);
Youth and Society (YAS) ;
Coalition of Organisations for the Defence of Children's Rights (CODEDIC);
Network of Women Leaders for Development (RFLD);
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);
4 Annex II.
16
xvi.
xvii.
41.
Un Monde Avenir; and
Wellbeing Africa.
This brings to five hundred and sixty-one (561) the total number of NGOs with Observer
status at the end of the reporting period.
42. The Commission also examined and rejected applications for observer status from five
(05) NGOs: ADF International, International Network for Economic, Social & Cultural Rights
(ESCR-Net), and The GAIA Foundation, and Transatlantic Christian Council, due to the
absence of a registered office in one of the States parties to the African Charter on Human
and Peoples' Rights (the African Charter). In addition, the application from the All Africa
Conference of Churches (AACC), due to its status as a diplomatic entity, does not meet the
criteria established by the Commission.
43. In accordance with Resolution CACDHP/Res.370 (LX) 2017 on the granting of Affiliate
status to NHRIs and specialised human rights institutions in Africa, the Commission has
to date granted thirty-six (36) Affiliate status to NHRIs and specialised institutions. During
its 75th and 77th Ordinary Sessions, the Commission did not examine any application for
Affiliate status.
.
VIII.
IMPLEMENTATION OF THE COMMISSION'S DECISIONS, REQUESTS FOR PROVISIONAL
MEASURES, CONCLUDING OBSERVATIONS AND URGENT APPEAL LETTERS
44. The level of compliance by the States Parties with the Commission's decisions, requests
for provisional measures and urgent appeal letters remains low, as shown by the following
information:
Implementing decisions on Communications
45. During the period under review, the Commission did not receive any information
concerning the implementation of its final decisions on Communications, in accordance
with Rule 125 of its 2020 Rules of Procedure.
Implementation of requests for provisional measures
46. The Commission has also received no information on the implementation of the
provisional measures it has formulated as part of the handling of disputes in accordance
with its protection mandate.
Implementation of concluding observations
17
47. During the reporting period, the State of Eritrea, the Republic of Senegal, the Republic
of Uganda and the Republic of Zambia submitted, as part of the periodic reporting
process, the status of implementation of the concluding observations made by the
Commission in their last reports as well as the challenges encountered.
Implementation of Letters of Concern and Urgent Appeals
48. During the reporting period, twenty-three (23) Letters of Concern and Urgent Appeal were
sent to States Parties concerning various allegations of human rights violations:
States
Date of Letter
Question justifying an Urgent
Appeal Letter
Arab Republic of Egypt
27 October
Letter of concern regarding the
2022
"proposals of the African
Commission on Human and
Peoples' Rights on the need of a
human rights-based approach to
policy-making on the climate
crisis".
Federal Republic of 8 December Joint
urgent
appeal
letter
Ethiopia
2022
concerning Internet blackouts and
control of information in the Tigray
region
Republic of Senegal
4
January Joint
urgent
appeal
letter
2023
regarding the alleged arbitrary
arrest and detention of human
rights defender and investigative
journalist Pape Alé Niang
Republic of Zimbabwe
9
January Urgent appeal letter concerning
2023
reports alleging the arrest and
detention
of
Zimbabwean
opposition MP Job Sikhala
18
State party's
response
No answer yet
No answer yet
No answer yet
The
Government
responded
by
justifying all its
actions in this case
and reassured that
they complied with
its
obligations
under the Charter
and other relevant
human
rights
instruments.
Republic of Benin
9
January Joint letter of urgent appeal No answer yet
2023
concerning allegations of more
than twenty (20) cases of
extrajudicial executions between
2019 and 2022 in various
locations in Benin
Burkina Faso
19
January Urgent appeal letter concerning
2023
the summary executions of
civilians in Nouna and the
massacre in Yirgou
.
In a letter dated 28
April 2023, the
Government
of
Burkina
Faso
replied, stating that
proceedings were
under way for the
acts in question and
that measures had
been
taken
to
provide assistance
to
the
people,
whose safety was
also a priority for
the
Government,
which had taken
appropriate
measures to this
end.
Kingdom of Eswatini
26
January Joint letter of concern regarding No answer yet
2023
the brutal murder of Swati human
rights lawyer and political activist
Thulani Rudolf Maseko in his home
.
Federal Republic of 27
January Urgent appeal letter regarding No answer yet
Somalia
2023
reports
alleging
Parliament's
intention to pass the Sexual
Relations Bill, which would legalise
child marriages, omit the age of
consent and the offence of sexual
exploitation, allow significant
reductions in the types of evidence
admissible and change the
definition of rape
Republic of Cameroon
27 February Urgent appeal letter on the No answer yet
2023
allegations of the assassination of
Jean-Jacques Ola Bebe, priest of
the Orthodox Catholic Church and
19
Republic of Zambia
Republic of Djibouti
journalist presenter at Radio
Galaxy FM in Yaoundé, on 2
February 2023 in Yaoundé, and
that of Mr Martinez Zogo, another
journalist who was fighting against
the misappropriation of public
funds.
15
March Joint urgent appeal letter on the
2023
alleged forced evictions of the
Kasima community in the Mongu
district of Zambia
16
March Joint letter of appeal concerning
2023
the expulsion of the delegation of
the International Federation for
Human Rights (FIDH) from the
Republic of Djibouti
No answer yet
In its reply dated 13
April 2023, the
Republic of Djibouti
clarified
the
circumstances of
the expulsions
Republic of Uganda
27
March Joint letter of concern about the No answer yet
2023
adoption of a bill imposing the
death penalty in cases of so-called
aggravated homosexuality.
Federal Republic of 6 April 2023, Joint letter of appeal concerning No answer yet
Somalia
the alleged arbitrary detention of
Mr Abdalle Ahmed Mumin
.
Republic of Tunisia
21 July 2023 Joint
urgent
appeal
letter No answer yet
concerning the alleged attack on
black African migrants in Tunisia
Republic of Zambia
16 August
Joint letter of urgent appeal on the No answer yet
2023
situation of Mr Joseph Moyo, a
person
severely
physically
challenged
whose
alleged
treatment by the Zambian
Government has led to his desire
to be euthanised.
Republic of Uganda
19
October Joint
urgent
appeal
letter No answer yet
2023
concerning the recurrent attacks
on the fishing community and
human rights defenders in the
Lake Edward and Lake Albert
region of western Uganda
Arab Republic of Egypt
19
October Joint
urgent
appeal
letter No answer yet
2023
concerning
the
Egyptian
authorities' inclusion of human
rights defenders on a terrorist list,
19 October 2023
20
Republic of Sudan
Republic of Kenya
Republic of Angola
Republic of Angola
Republic of Senegal
Arab Republic of Egypt
IX.
19
October Joint letter of concern regarding
2023
the assassination of five (5)
human rights defenders in Darfur
and other human rights violations
in Sudan,
21
October Urgent appeal letter concerning
2023
the disruption of a training course
on the environment and human
rights organised by the Centre for
Justice,
Governance
and
Environmental Action in Uyombo,
23
October Joint
urgent
appeal
letter
2023
concerning cases of reprisals,
intimidation
and
judicial
harassment against human rights
defenders in Angola,
23
October Urgent appeal concerning the bill
2023
approving the status of nongovernmental organisation by the
National Assembly in Angola
23
October Joint urgent appeal letter on the
2023
arrest and arbitrary detention of
human rights defender and
journalist Aliou Sané
27
October Letter of concern regarding the
2022
"proposals
of
the
African
Commission on Human and
Peoples' Rights on the need for a
human rights-based approach to
policy-making on the climate
crisis".
No answer yet
No answer yet
No answer yet
No answer yet
No answer yet
No answer yet
LETTERS OF APPRECIATION/CONGRATULATIONS
49. During the period under review, the following nine (9) letters of appreciation were sent to
Heads of State and Government:
States
Republic of Kenya
Date of
letter
13
December
2022
Question on which the Letter of Appreciation was based
Letter of appreciation to the President of the Republic of
Kenya welcoming the decision of the Republic of Kenya to
accede to the request of Kilifi County to work on
modalities to enable the stateless community of Pemba,
who live and suffer from a lack of identity documents, to
obtain Kenyan citizenship.
21
Republic of Zambia
Republic of Uganda
28
December
2022
10 January
2023
Letter of congratulations to the President of the Republic
of Zambia, following the abolition of the death penalty in
that country.
Letter of congratulations to the President of the Republic
of Uganda on the withdrawal by his country's
Constitutional Court of the section of the Computer
Misuse Act 2011 that made it an offence to "use
electronic communications to disturb or attempt to disturb
the peace, tranquillity or privacy of any person without a
legitimate purpose of communication" and, in so doing,
restricting freedom of expression
April Letter of congratulations to the Government of Sierra
Leone for enacting the Gender Equality and Women's
Empowerment Act, which marks a turning point for gender
equality and women's empowerment pursuant to the
provisions enshrined in the Protocol to the African Charter
on Human and Peoples' Rights on the Rights of Women in
Africa (Maputo Protocol)
June Joint letter of congratulations to H.E. Mr Salva Kiir
Mayardit for ratifying the Maputo Protocol on 24 February
2023 and subsequently depositing the instrument of
ratification with the AU Commission on 7 June 2023
Republic of Sierra Leone
12
2023
Republic of South Sudan
19
2023
Republic of Zambia
2
August Joint letter of congratulations addressed to H.E. the
2023
President of the Republic of Zambia, following the
publication and presentation of the Marriage (Revised) Bill
2023 by the Government to Parliament
Republic of Ghana
4 September Joint letter of congratulations following the abolition of the
2023
death penalty in the Crimes and Other Offences Act 1960
and the Armed Forces Act 1962.
Republic of Kenya
Joint letter of congratulations following the Kenyan
government's decision to commute death sentences to
life imprisonment
Republic of Zambia
Letter of appreciation sent to the President of
Zambia for commuting the death sentences of 390
prisoners to life imprisonment
22
X.
STATEMENTS AND PRESS RELEASES
50. During the reporting period, the Commission issued sixty-two (62) press releases on
various human rights issues. These press releases can be consulted on the Commission's
website: www.achpr.org. 5
XI.
PROMOTION AND FACT-FINDING MISSIONS
51. The Commission undertook two promotion missions, to Tanzania from 23 to 28 January
2023 and to the Republic of Namibia from 12 to 16 June 2023. No fact-finding missions
were undertaken during the reporting period.
Fact-finding mission to the Tigray Region of the Federal Democratic Republic of Ethiopia
52. During the period under review, after adopting one (1) Resolution on the renewal of the
mandate of the Commission of Inquiry on the situation in the Tigray Region of the Federal
Democratic Republic of Ethiopia (the Commission of Inquiry), the Commission, taking into
account a number of positive factors and developments relating to the situation in
question, by its Resolution ACHPR/Res.556 (LXXV) 2023, terminated the mandate of the
said Commission of Inquiry on the situation in the Tigray Region of the Federal Democratic
Republic of Ethiopia.
HUMAN RIGHTS SITUATION ON THE CONTINENT
53. This section is included in the activity report in accordance with Executive Council
decision EX.CL/Dec.639 (XVIII) requesting the Commission to inform the policy-making
organs of the human rights situation on the continent. The Commission's practice is to
write the content of this section from specific elements put together during its
interactions with States Parties, NHRIs enjoying Affiliate status and NGOs enjoying
Observer status with the Commission during the regular Sessions of the Commission,
supplemented by other information gathered as part of its monitoring of the human rights
situation in individual States Parties during the intersession period.
a) Positive developments
54. The Commission notes with satisfaction the following main positive developments in
human rights during the reporting period:
Elections
i. Peaceful presidential, parliamentary or local elections in the following countries:
Liberia; Mozambique, Nigeria, Sierra Leone, Zimbabwe.
5 Annex IV.
23
Death Penalty
ii. Ghana's abolition of the death penalty in the Criminal and Other Offences Act 1960
and the Armed Forces Act 1962.
iii. Zambia to abolish the death penalty on 23 December 2022
iv. The Kenyan government's decision to commute death sentences to life
imprisonment.
Legislation and general policies for the protection and promotion of human rights:
v.The registration of several ratifications and deposits of instruments of ratification of
the Protocols on Older Persons and Persons with Disabilities;
vi. Adoption of the Organic Law No. 23-14 of 27 August 2023 in Algeria on information
referring directly to the African Charter on Human and Peoples’ Rights;
vii.Fifty-two (52) African States have ratified the UNCAT;
viii.The UN Subcommittee on the Prevention of Torture visited Madagascar between 16
and 27 April 2023 and is due to visit Gabon in the first half of 2024.
ix.In June 2023, the United Nations Human Rights Committee, during its examination of
Ethiopia's periodic report, welcomed the adoption of various laws in recent years,
as well as the adoption of a national strategy to prevent crimes of trafficking in
persons and a policy to prevent and combat child abuse, exploitation and
trafficking, among others;
x.Launch in Cape Verde of a competition for a national human rights prize and signing
of a cooperation protocol to support the implementation of public policies
promoting human rights
xi.South Africa's efforts to ensure housing rights are respected
Justice and the fight against impunity
xii.
The trial relating to the massacre of 28 September 2009 will begin on 28
September 2022;
xiii.
In the Republic of Congo, the Brazzaville Court of Appeal, in a criminal session that
began on 31 August 2023, sentenced five police officers to custodial sentences
for criminal conspiracy, arbitrary arrest, extortion, handling stolen goods and abuse
of office;
xiv. In the Democratic Republic of Congo, 63 convictions were handed down following
swift proceedings initiated after the deadly crackdown on demonstrators against
the presence of the United Nations Peacekeeping Mission on 1st September 2023;
xv. In the Democratic Republic of Congo, a judicial investigation was opened to
establish who was responsible for the sinking of the HB Mapamboli on 14 October
2023, which claimed at least 40 lives.
24
Freedom of association and expression
xvi.
xvii.
xviii.
xix.
The promulgation of Law No. 23/027 of 15 June 2023 on the protection and
responsibility of human rights defenders, on 15 June 2023 by the Democratic
Republic of Congo;
Namibia's adoption of a law on access to information, which was published in the
Official Gazette on 28 December 2022;
In Botswana, the High Court handed down a ruling requiring the adoption of
legislation to give effect to the right of access to information, as guaranteed by the
Constitution;
The entry into force of the African Union Convention on Cybersecurity and Personal
Data (Malabo Convention), which entered into force on 8 June 2023 following the
deposit of the 15th instrument of ratification.
Women's Rights
xx.Ratification of the Maputo Protocol by the Republic of Botswana;
xxi.Partnership between Sao Tome and Principe and the United Nations to combat genderbased violence and empower girls;
xxii.Gambia: Effective prosecution and conviction in August 2023 of those accused of
complicity in the crime of FGM;
xxiii.The Zambian government's initiative to raise the legal age of marriage from 16 to 19,
in order to resolve the conflict between the law on marriage and the provisions of
the Zambian Constitution and the Children's Code of 2022;
xxiv.The positive effects of the new law on gender equality and women's empowerment in
Sierra Leone led to an increase in the number of women politicians in the June
general elections (the percentage of women parliamentarians rose from 14.5% to
30.4%, a remarkable development).
Refugees, Migrants and Internally Displaced Persons
xxv. Statetelessness: The adoption of the Protocol on Specific Aspects of Nationality and
eradication of statelessness at the end of 2023 by the Specialised Technical
Committee on “Justice and Legal Affairs”;
xxvi. Ratification by the Republic of Congo of two Conventions on statelessness, notably
the 1954 Convention relating to the Status of Stateless Persons and the 1961
Convention on the Reduction of Statelessness;
xxvii.The finalisation and adoption by the Central African Republic of a national plan to
eradicate statelessness by 2024:
xxviii.The establishment by Rwanda of an effective and efficient document registration
system, including the registration of births and marriages and the recognition of
the legal status of displaced persons and their families, as well as the inclusion of
the issue of statelessness in the national population and housing census;
25
xxix.
xxx.
Granting of citizenship by Kenya to members of the Pemba Community;
Granting of citizenship by Tanzania to the Makendo Community.
Peace and Security
xxxi.
Announcement of the signing of an agreement between the opposition and the
government of Chad on 31 October 2023
Members of terrorist groups arrested in northern Mozambique
xxxii.
Health
xxxiii.
Several countries in Eastern and Southern Africa, including Botswana, Eswatini,
Rwanda, Tanzania and Zimbabwe, have achieved the 95-95-95 targets for HIV
care;
Launch of the #ChoiceManifesto in East and Southern Africa, which aims to widen
the choice of prevention tools that women and girls want to have in their hands;
Free maternity and newborn care in the Democratic Republic of Congo on 5
September 2023
Successful fight against cholera in Mozambique
xxxiv.
xxxv.
xxxvi.
Human rights situation in the context of the COVID-19 pandemic
i.
Improvement in the situation of the Covid 19 pandemic on the continent,
allowing the associated restrictions to be relaxed and/or lifted;
b) Areas of Concern
55. However, the Commission remains concerned about the following negative human rights
developments during the reporting period:
Unconstitutional Changes of Government
i.
Two unconstitutional changes of government in Niger and Gabon, with alleged or
real aborted attempts at violent seizure of power in Burkina Faso, Gambia and
Sudan.
Participation in public affairs of one’s country
ii.
The non-organisation of elections in countries where the normal constitutional
order has been disrupted or where security crises are preventing citizens and
populations from participating freely and democratically in public affairs;
Right to Life
26
iii.
iv.
v.
In Burkina Faso, the asymmetric conflict, for which the nebula of terrorism appears
to be the catalyst, continues to claim civilian victims, as demonstrated by the
summary executions of civilians in Nouna and the massacre in Yirgou;
The massacre of at least 48 civilian demonstrators against MONUSCO on 30
August 2023 in Goma, Democratic Republic of Congo
Violations of the right to life and physical integrity committed by the police in
Mozambique, in particular executions and torture;
Death Penalty
vii.
Persistence of the death penalty in some countries; only 16 African countries have
ratified the Second Optional Protocol to the ICCPR aiming at the abolition of the
death penalty;
Legislation
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
Non-ratification by certain States Parties of numerous international and regional
human rights Conventions, some of which at regional level have not yet reached
the minimum of 15 ratifications and actual deposit of instruments of ratification
to enter into force, in particular the Protocols on Older Persons, Persons with
Disabilities and on Social Security, etc. ;
Low level of implementation of the Maputo Protocol and non-submission or late
submission of periodic reports under the Maputo Protocol and the Kampala
Convention 6 ;
Lack of legislation to regulate online violence against women in many African
countries;
Lack of harmonisation and implementation of regional and international human
rights instruments at national level in many States;
A number of States have not ratified the OPCAT or set up national preventive
mechanisms to monitor places of detention.
Some UNCAT signatory States have not criminalised torture and other illtreatment in accordance with the UNCAT.
Some States have not lifted all the measures and restrictions imposed during the
COVID-19 pandemic that could constitute torture or ill-treatment.
Prisons and the use of force
xv.
Persistence of police brutality, excessive use of force and the resulting culture of
impunity within the police in many countries, particularly Angola, Kenya,
Mozambique, Senegal, the Democratic Republic of Congo, etc.
6 To date, only Cameroon has submitted its initial report on the Kampala Convention.
27
xvi.
The challenge of prison overcrowding and the lack of disaggregated data on prison
overcrowding in most countries and the dilapidated facilities in prisons, most of
which are over half a century old.
xvii.
Most African countries have no budget to build prisons that meet international
standards and are capable of self-maintenance.
Freedom of Association and Expression
xviii.
xix.
xx.
The persistence of legislative frameworks and legal restrictions that severely
hamper the work of associations and civil society organisations in certain countries;
The adoption of bills which, in their current form, reduce civic space, in particular
the bill on the status of non-governmental organisations adopted by Parliament in
Angola and the bill on the amendment of private voluntary organisations adopted
by Parliament in Zimbabwe;
Imposition of emergency health or security measures in certain countries with a
view to unduly restricting the rights to freedom of association and assembly, in
particular for opposition political actors, civil society and human rights defenders
Rights of Older Persons
xxi.
Violations of the rights of older persons in Guinea-Bissau, including acts of violence
and accusations of witchcraft
Women's Rights
xxii.
xxiii.
xxiv.
The conflicts in Mozambique and Sudan and the migratory crisis in Tunisia and Libya
are having a serious adverse effect on women's rights in these countries, where cases
of rape, ill-treatment and gender-based violations have been reported;
Persistence of violence against women and girls in the private and public sphere,
including rape and other forms of sexual violence in many countries,
Persistence of harmful traditional practices such as forced and early marriages,
humiliation, harassment, female genital mutilation and inhuman and degrading
treatment of women and girls in several countries.
Refugees, Migrants and Internally Displaced Persons
xxv.
xxvi.
xxvii.
Mauritania: Delay in the adoption of the bill to combat violence against women and
girls, despite Government promises. This bill has been pending since 2012;
Tunisia: Increased repression of dissidents and freedom of expression, as well as
people prosecuted solely for their peaceful political activities and the exercise of their
rights;
Forced displacement: An increase in the number of people forcibly displaced by a
combination of conflict, political violence, climate change and food insecurity in Africa
- there will be around 44 million displaced people in sub-Saharan Africa in 2023
28
xxviii.
xxix.
xxx.
xxxi.
xxxii.
(according to the UNHCR) and Africa will host three-quarters of the world's new internal
displacements;
Refugees: in Sudan, since the start of the conflict in April 2023 and as a result of the
ongoing violence, there have been almost 3.8 million internally displaced people,
including 1 million who have fled to neighbouring countries (South Sudan, Egypt, Chad,
Ethiopia, CAR and Libya), creating a real humanitarian crisis;
Refugees: Issuance of a directive to refugees residing and carrying out activities
outside the Dzaleka camp to return there, by the Government of Malawi, even if it
means forcibly resettling refugees in the camp. This constitutes a regression by Malawi
in the protection of refugees' rights, when it was well on its way to implementing local
integration as a solution to the situation of long-term refugees;
Internally displaced persons: in the Democratic Republic of Congo, the number of
internally displaced persons has reached seven million, according to the International
Organisation for Migration;
Migrant workers: in Libya, it is deplorable that the body responsible for combating
illegal immigration has been continuing to expel foreign migrant workers for months;
Expulsion of sub-Saharan migrants by Tunisia.
Social and Economic Rights
xxx.
xxxi.
xxxii.
xxxiii.
xxxiv.
xxxv.
xxxvi.
xxxvii.
900 families expelled from the Democratic Republic of Congo without adequate
compensation;
The lack of effective implementation of economic, social and cultural rights in a large
number of African countries, leading to persistent socio-economic inequalities and the
marginalisation of vulnerable groups;
The impact of climate change and deforestation on economic, social and cultural
rights, in particular the right to food and health.
Insufficient funding and resources allocated to the realisation of economic, social and
cultural rights in African countries
Due to situations of armed conflict and the prevailing levels of insecurity in the central
Sahel, the Lake Chad Basin and the Democratic Republic of Congo, schools have been
forced to close. In Burkina Faso, for example, around a quarter of schools are closed
for reasons of insecurity;
Soaring food and fuel prices in Africa, which are causing great vulnerability among the
population and jeopardising the effective enjoyment of their economic and social
rights;
Increasing gender discrimination in employment, low wages that do not allow families
to live decently, and the absence of social protection and social security systems in
most African countries;
Lack of social housing programmes in many countries.
29
Health and HIV
xxxvii.
xxxviii.
xxxix.
In 2022, women and girls accounted for 63% of new HIV infections on the African
continent. Many sectors are deprived of prevention programmes, which perpetuates
the risk. Efforts targeting these populations should be stepped up.
Despite advances, AIDS claimed one victim every minute in 2022. Millions of people
are estimated to be living with HIV and not receiving treatment, while millions more
receiving treatment are not virologically suppressed;
The vulnerability of the continent's women and girls to the HIV epidemic, in particular
their ability to access health services; as well as the gap in testing of HIV-exposed
infants and children, with more than two-fifths of children living with HIV undiagnosed;
Extractive Industries and the Environment
xl.
xli.
xlii.
Lack of a legislative and regulatory framework for the protection of human rights in the
extractive industries sector, leading to an increase in human rights violations, in
particular forced child labour and the plundering of the continent's resources by
multinational companies;
Africa continues to face a significant development financing gap, exacerbated by
issues such as illicit financial flows, the debt crisis and difficulties in accessing climate
change financing;
The phenomenon of the resource curse has long deprived African countries of all the
potential benefits of extracting their resources.
Peace and Security
xliii.
xliv.
Asymmetric armed conflicts, including those linked to terrorism, are undermining
countries such as Sudan, the Democratic Republic of Congo, Mali, Mozambique,
Burkina Faso and the so-called three-border area;
The issue of unconstitutional changes of government and the socio-political upheavals
in several African countries are a real source of concern, given their very harmful
effects on the promotion and protection of human rights.
Human Rights Situation in the context of the COVID-19 Pandemic
xlv.
Persistence and maintenance in certain countries of measures to control and combat
the COVID-19 pandemic, which have become obsolete and superfluous, and are
causing unjustified restrictions on human rights
RECOMMENDATIONS
56. In view of the foregoing, the Commission makes the following recommendations:
30
a) To States Parties :
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
The Commission calls on States Parties that have not yet done so to sign, ratify,
implement and domesticate the various AU human rights instruments, in
particular the African Charter on Human and Peoples' Rights, the Maputo Protocol,
the Kampala Convention, the Charter for the Cultural Renaissance of Africa, 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; the African Charter on
Democracy, Elections and Governance; the Protocol to the Treaty establishing the
African Economic Community on the Free Movement of Persons, the Right of
Residence and the Right of Establishment; the Additional Protocol to the African
Charter on Human and Peoples' Rights on the Rights of Citizens to Social
Protection and Social Security; the African Youth Charter and the OAU Convention
Governing the Specific Aspects of Refugee Problems in Africa;
States that have not yet done so to accede to the Protocol to the African Charter
on Human and Peoples' Rights on the Establishment of the African Court on
Human and Peoples' Rights and to make a declaration under Article 34(6) of the
Protocol, allowing individuals and NGOs access to the Court; Accelerate measures
to ratify, integrate and implement relevant regional and international instruments,
in particular the UN Convention for the Protection of All Persons from Enforced
Disappearance and the Guidelines for the Protection of All Persons from Enforced
Disappearance in Africa
The Commission calls on States Parties to Implement the measures applicable to
the protection of persons against extrajudicial, summary or arbitrary executions,
including measures of prevention, investigation and awareness raising on the
rights concerned;
The Commission calls on States Parties that have not yet ratified the Second
Optional Protocol to the International Covenant on Civil and Political Rights, aiming
at the abolition of the death penalty, to speed up the ratification process and
harmonise their national legislation accordingly;
States that have not yet done so should ratify the OPCAT and establish national
preventive mechanisms to monitor places of detention;
States Parties are called upon to lift the reservations to the African Charter on
Human and Peoples' Rights and the Maputo Protocol for States Parties that have
entered such reservations, to enable their citizens to fully enjoy the rights provided
for in these two human rights instruments;
Submit their Periodic Reports in accordance with Article 62 of the African Charter,
Article 26 of the Maputo Protocol and Article 14(4) of the Kampala Convention, in
accordance with the Reporting Guidelines;
Authorise promotion missions by the Commission in accordance with Article 45 of
the African Charter;
31
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
xvi.
xvii.
xviii.
xix.
xx.
xxi.
xxii.
xxiii.
Interact with the Commission by responding to its correspondence promptly
through institutionalised Focal Points with expertise in working with the
Commission;
Implement the Commission's recommendations and decisions, in particular in
promotion and protection mission reports, concluding observations, urgent
appeals, resolutions and communications; and inform the Commission of the
measures taken to implement these recommendations and decisions;
Carry out the in-depth constitutional reforms needed to avoid unconstitutional
changes of government and to promote and protect human rights, in order to
restore constitutional order;
Work with stakeholders to strengthen early warning mechanisms for potential
conflict and urge States to ensure that the democratic mechanism remains a
crucial factor in addressing this phenomenon through a rapid response;
Mozambique should take the necessary measures to combat police brutality and
human rights violations;
Guinea-Bissau should step up its efforts to protect vulnerable groups such as the
older persons;
Put an unconditional end to the armed conflicts that are undermining countries
such as Sudan, the Democratic Republic of Congo, Mali, Burkina Faso and the
Sahel's three-border area;
The governments of Mozambique and Sudan must remember their obligations
under the Maputo Protocol and international humanitarian law and ensure that
women's rights are protected during the conflict;
The governments of Mozambique and Sudan must thoroughly investigate the
cases reported and bring the perpetrators of these crimes to justice, as a way of
deterring other potential perpetrators;
The Republic of Tunisia should take decisive action against all forms of racial
discrimination and racial violence directed against black Africans;
The Republic of Tunisia should provide humanitarian access and essential health
services to those in need while guaranteeing access to food and water for expelled
migrants, in particular vulnerable women and children;
The Republic of Tunisia should investigate and bring to justice those suspected of
committing criminal acts, including sexual assaults on black African migrants,
refugees and asylum seekers;
Ensure that laws do not unduly restrict access to information for reasons of
national security or any other unjustified reason and that they are in harmony with
the principles set out in Article 9 of the African Charter and guided by the Model
Law on Access to Information in Africa;
Take measures to prevent attacks on journalists and other media professionals,
both online and offline;
Refrain from collecting, storing, analysing or sharing an individual's
communications indiscriminately and randomly and ensure that any law
32
xxiv.
xxv.
xxvi.
xxvii.
xxviii.
xxix.
xxx.
xxxi.
xxxii.
xxxiii.
xxxiv.
xxxv.
xxxvi.
authorising targeted surveillance of communications provides adequate
safeguards in terms of respect for the right to privacy;
Ensure that the periodic State reports submitted in accordance with Article 62 of
the African Charter provide sufficient information on the measures adopted to give
effect to Article 9, in accordance with the guidelines set out in the Declaration of
Principles on Freedom of Expression and Access to Information in Africa (2019);
Ensure that all laws and regulations concerning journalism, the media and
freedom of expression comply with the guidance provided in the Declaration;
Member States are urged to support the APP by sharing this information with
ministries of health and national health committees at national level, while we
mobilise resources to roll out the first phase of the APP and the second phase on
digitisation;
Advocate for the protection of human rights, particularly for key populations, in the
context of HIV/AIDS. Monitoring and reporting on HIV/AIDS-related human rights
violations;
Conduct awareness and education campaigns to reduce the stigma and
discrimination associated with HIV. Promote comprehensive sex education and
HIV prevention tools, such as PREP (pre-exposure prophylaxis), among at-risk
populations;
Take legislative and other measures for the full realization of economic, social and
cultural rights, in accordance with the African Charter, the Principles and
Guidelines on Economic, Social and Cultural Rights, the Guidelines on the Right to
Water in Africa and other regional and international human rights standards, at all
times, including in times of multidimensional crisis;
Reform health systems and ensure access to health care, including adequate and
effective health facilities and services for all;
Take measures and provide access to water, sanitation and other basic health
care needs, as necessary to safeguard the health and life of the public;
Establish public housing policies for vulnerable populations and those affected by
evictions or natural disasters;
Take action to improve the overall humanitarian situation in Africa;
Work towards investment and make increased efforts to ensure access to
essential services and support for vulnerable and marginalised populations,
particularly through social protection programmes;
Governments and stakeholders should prioritise and implement policies and
programmes that address the negative impacts of climate change, deforestation
and other environmental challenges on economic, social and cultural rights;
Ensure that legislation, policies and administrative practices comply with best
practice, international standards and the Guidelines on Freedom of Association
and Assembly in Africa and do not unjustifiably infringe on the freedoms of
association and assembly;
33
xxxvii.
xxxviii.
xxxix.
xl.
xli.
xlii.
xliii.
xliv.
xlv.
xlvi.
xlvii.
xlviii.
xlix.
Ensure that draft legislation on the protection and accountability of human rights
defenders complies with international standards in order to create a favourable
legal environment for their work;
Refrain from adopting measures aimed at restricting the civic space and the
legitimate activities of human rights defenders in the promotion and protection of
human rights;
Take all appropriate measures to ensure that human rights defenders carry out
their activities under conditions devoid of any threat to their physical and moral
integrity;
States should set up mechanisms to receive complaints of torture and other illtreatment;
States should promptly, thoroughly, independently and impartially investigate all
allegations of torture and other ill-treatment and ensure that perpetrators are held
accountable and made to face appropriate sanctions reflecting the gravity of the
offences, in accordance with relevant international and regional standards;
States should respect and protect the rights of persons or groups most vulnerable
to torture and other ill-treatment, including persons with intellectual or
psychosocial disabilities, the homeless, women and children, persons with
albinism, migrants, refugees and internally displaced persons, and ensure that
perpetrators are held accountable;
Adopt and implement the African Guiding Principles on the Human Rights of All
Migrants, Refugees and Asylum Seekers;
Appropriate the Resolution ACHPR/RES. 486 (EXT.OS/ XXXI1I) 2021 on missing
migrants and refugees in Africa and the consequences for their families and
ACHPR/Res.565 (LXXVI) 2023 on the inclusion of refugees, asylum seekers,
internally displaced persons and stateless persons in national socio-economic
systems, services and economic opportunities in Africa;
Ensure that refugees can enjoy economic and social rights and certain freedoms
within the framework of national laws;
Respect the principles of the Geneva Conventions and of the OAU, which espouse
the principle of non-refoulement;
Urge States Parties to adopt the Draft Protocol to the African Charter on Specific
Aspects of the Right to Nationality and the Eradication of Cases of Statelessness
in Africa;
Strengthen the assistance given to States receiving large numbers of asylum
seekers or refugees.
Put an end to the detention of migrants on the basis of their immigration status.
b) To the PRC
l.
Work in close collaboration and monitor the implementation of coordination and
collaboration mechanisms between the Commission, the African Court and the
African Committee of Experts on the Rights and Welfare of the Child, with a view
34
li.
to supporting improved implementation of the mandates of these Organs and
strengthening the institutional coherence of the Union, in accordance with
Executive Council Decision EX.CL/Dec. 1154(XL); and EX.CL/Dec.1108 (XXXVIII);
Initiate the process of negotiating an AU Convention on the Elimination of Violence
against Women and Girls, with a view to its adoption by the AU's policy-making
Organs.
c) To the AU
lii.
liii.
liv.
lv.
lvi.
lvii.
lviii.
Urges the African Union to take the initiative and play a leading role in all
processes for the resolution of latent and current conflicts in order to avoid
possible serious and massive violations of human rights;
Take steps to facilitate the adoption by States Parties of the Draft Protocol to the
African Charter on Human and Peoples’ Rights on the Specific Aspects of the Right
to Nationality and Eradication of Statelessness in Africa;
Take steps to revitalise the process of adopting the draft Protocol to the African
Charter on the Death Penalty in Africa;
Implement the African Common Position (ACP) on Humanitarian Effectiveness
adopted in January 2016 at the Summit of Heads of State and Government and,
in particular, the creation of the African Humanitarian Agency;
Work towards global and regional governance of migration, in particular by
implementing the Migration Policy Framework for Africa and its Action Plan;
Implement the strategic framework on climate change, bearing in mind a human
rights approach;
Strengthen support for States in electoral processes in order to consolidate
democratic systems and prevent unconstitutional changes of power.
Recommendations on the COVID-19 Pandemic:
a) To States Parties and the AUC:
lix.
lx.
XII.
Lift all measures to control and combat the COVID-19 pandemic, which have
become obsolete and superfluous;
Ensure permanent holistic monitoring to be ready to eradicate any possible
resurgence of the COVID-19 pandemic or any similar threat
ADMINISTRATIVE AND FINANCIAL SITUATION OF THE COMMISSION
a) Staffing
35
57. The Commission has recruited three (3) P4 interpreter-translators, one of whom has
resigned. Recruitment and integration for eight (8) permanent posts is underway:
Executive Secretary, Deputy Secretary, Finance and Administration Officer, French
Interpreter and Translator, Principal Legal Officer, Legal Officer, Principal Public Relations
and Information Officer and Bilingual Secretary. Four of these eight posts are at the
appointment stage, while the other four are at the advertising and pre-selection stage.
The remaining 12 staff members will be recruited as soon as funds are allocated.
58. The current level of permanent staffing is twenty-seven (27) regular positions out of the
forty-seven (47) in the current structure.
XIII.
IMPLEMENTATION OF EXECUTIVE COUNCIL DECISIONS
a) Joint Retreat of the PRC and the Commission
59. Further to Executive Council Decision EX.CL/Dec.1045 (XXXIV) requesting the ACHPR "to
institutionalise an annual joint retreat of the PRC and the ACHPR", the Commission
reports that it has managed to schedule a retreat with the PRC's Sub-Committee on
Structures to present the ACHPR's operational problem. This activity is scheduled to take
place in Dakar, Senegal, from December 5 to 7, 2023.
b) Building of the Commission’s Headquarters
60. In accordance with Decisions: Ex.Dec.1045 (XXXIV) and EX.CL/Dec. 1080 (XXXVI)
requesting the AUC to "endeavour jointly with the ACHPR and the Government of The
Gambia to establish a Special Fund for the mobilisation of resources and to take other
concrete measures required, including the laying of the foundation stone, for the
construction of the permanent Headquarters of the ACHPR", the Commission reports that
on 20 October 2022, the title deeds for the land on which the future headquarters of the
Commission will be built were handed over to the Deputy Chairperson of the African Union
Commission, Dr Monique Nzanzabaganwa, at the ground-breaking ceremony held on the
same day. The Commission also reports that during the intersession period, following
several meetings with representatives of the host Government, the Secretariat was
allocated a stand-alone building in Fajara to serve as a branch office pending the
construction of the headquarters buildings. However, following an assessment by the
Addis Ababa team appointed for this purpose, it was decided to transfer the Secretariat
to Karaiba Avenue in a building that still needs to be renovated before the Secretariat
can be moved there.
c) Creation of an Organ-level Appointments, Promotions and Recruitment Board
(APROB)
36
61. In accordance with Decision EX.CL/DEC. 1097(XXXVII) of October 2020, and the AU
Recruitment Procedures, the Commission recalls that the Chairperson of the AUC has
approved the request for the establishment of an Appointments, Promotions and
Recruitment Board for Organs (APROB), as of December 2021. This Council has been
operational since then and was instrumental in the recruitments that have already taken
place and are ongoing.
d) Issues relating to the governance of the Commission
62. During the intersession period, in accordance with Executive Council Decision
Ex.CL/Dec.1126(XXXIX) specifically stated in the following terms "on issues specific to the
other Organs of the AU, the ACHPR was to make a written submission to the SubCommittee on Structural Reform regarding the challenges faced in respect of the
governance structure of the Organ and recommendations that could help resolve these
challenges. The report was to be submitted by May 2022". The Secretariat has presented
a draft written submission to the Office of the Legal Adviser and the Bureau of the
Commission for input, before it is finalised and submitted for decision by the Statutory
Organs.
e) Revision of the Commission's Structure
63. In accordance with Executive Council Decision EX.CL. Dec.995 (XXX11) regarding the
"review of the ACHPR Secretariat’s structure to better align its composition and organisational
chart to the mandate entrusted to it and to the increasing work over the years", the Commission
states that the current ACHPR structure was last reviewed and approved in 2009.In order
to ensure that the Commission has sufficient human resources to help it fulfil its
mandate, it is using the current window of opportunity of the wider AUC reform to propose
a stable structure that would meet the human resource needs of today and the next 15
years. The proposed structure has been reviewed by the Finance Directorate, the AUC
Human Resources Management Directorate and the Office of the Legal Adviser. The
Commission intends to present the proposed new structure to the next PRC SubCommittee. Approval of the proposed structure will enable the Commission to align its
Secretariat to its mandate.
XIV.
Challenges
64. The Commission is still confronted with a number of challenges in implementing its
mandate. These challenges relate both to staffing and to the financing of the
Commission's activities, which are becoming more and more numerous.
XV.
Requests
37
65. While welcoming Executive Council Decision EX.CL/DEC.1097(XXXVII), the Commission
requests the PRC to provide sufficient funds to the ACHPR to facilitate the recruitment of
its remaining vacant positions.
66. It is also requesting an additional budget to improve the implementation of its mandate,
particularly for the organisation of ordinary public face-to-face sessions, which are crucial
for the Commission's work to ensure respect for and effective protection of human rights
on the continent.
XVI.
DATES OF THE 78TH AND 79TH ORDINARY SESSIONS OF THE COMMISSION
67. The 78th Ordinary Session will take place from 23 February to 8 March 2024. The date of
the 79th Ordinary Session will be announced at a later date.
38