Commission's Activity Reports

58th & 59th ACTIVITY REPORTS OF THE ACHPR

58th 59th Activity Report of ACHPR.pdf
58TH AND 59TH 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 58th and 59th 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 6 November 2024 to 30 October 2025. 2. The activities presented in this Report, which were undertaken by the Commission 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 letters of urgent appeal and concern, press releases, resolutions and letters of commendation. 3. The statutory meetings and other activities reflected in this report also contributed to an enhanced promotion of human rights on the continent, as required by the African Charter, including through field missions, elaboration of supplementary human rights norms and knowledge materials, advocacy, publicity and capacitybuilding initiatives. 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 the 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 AU in January 2017. The Commission became operational in 1987 and is based in Banjul, The Gambia. 2
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. 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 ➢ 38th African Union Summit, Addis Ababa, Ethiopia 8. The Commission participated in the following meetings of the AU Policy Organs, held from 14 January to 16 February 2025: i. The 49th Ordinary Session of the Permanent Representatives Committee (PRC) held virtually from 14 to 31st January 2025; ii. The 46th Ordinary Session of the Executive Council (EC), held in Addis Ababa, Ethiopia, from 12th to 13th February 2025; and iii. The 38th Ordinary Session of the Assembly of Heads of State and Government (the Assembly) held in Addis Ababa, Ethiopia, from 15th to 16th February 2025. 3
9. In accordance with the African Charter and established practice, the 56th and 57th Combined Activity Reports of the Commission were presented to the 49th 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.1284 (XLVI). The Report has been published on the Commission's website. ➢ 7th Mid-Year Coordination Meeting, Malabo, Equatorial Guinea 10. The Commission also participated in the following meetings of the AU Policy Organs, held from 9 June to 13 July 2025: i. 50th Ordinary Session of the Permanent Representatives’ Committee (PRC) held in a hybrid format from 09 June to 20 June 2025; ii. 47th Ordinary Session of the Executive Council, held n Malabo, Equatorial Guinea, from 10 to 11 July 2025; and iii. The 7th Mid-Year Coordination Meeting between the African Union, Regional Economic Communities and Regional Mechanisms held in Malabo, Equatorial Guinea, on 13 July 2025. B. STATUTORY AND INSTITUTIONAL MEETINGS ➢ 37th Extra-Ordinary Session (Private) 11. The 37th Extra-Ordinary Session was held in Dakar, Senegal from 2 to 6 December 2024. The Final Communiqué of this Session, published on the Commission’s website, gives a full account of the deliberations which occurred. ➢ 82nd Ordinary Session (Private) 12. The 82nd Ordinary Session was held virtually from 25 February to 11 March 2025. The Final Communiqué of this Session, published on the Commission’s website, gives a full account of the deliberations which occurred. ➢ 83rd Ordinary Session (Public/Private) 13. The 83rd Ordinary Session was held in a hybrid format in Banjul, The Gambia, from 2 to 22 May 2025. 14. During this Session, the Commission organised the following Panels: i. ii. iii. Panel on the Current Human Rights Situation in Sudan; Panel on the African Union Convention on Ending Violence Against Women and Girls and Launching of the Special Rapporteur on the Rights of Women in Africa’s Women Empowerment Newsletter; Panel on the Need for a Torture-Free Trade Treaty; 4
iv. v. Panel on Lessons from the 1994 Genocide against the Tutsi in Rwanda and Current Challenges: Human Rights in Conflict Situations and Transitional Justice; and Panel on Justice for Africans and People of African Descent Through Reparations; 15. Additionally, within the Session, the Second Joint Forum of the Special Mechanisms of the African Commission on Human and Peoples' Rights was held with the theme: Human Rights as an Imperative for People-Centred Sustainable Development in Africa. The Second Joint Special Mechanisms Forum provided a platform for the Commission’s special mechanisms to come together with diverse partners of the Commission and stakeholders in the African human rights system to showcase their work, highlight cross-cutting issues, share insights, and develop comprehensive approaches and strategies to address the human rights issues that cut across different mandates. 16. Details of the activities undertaken by the Commission at its 83rd Ordinary Session are set out in the corresponding Final Communiqué, which can be accessed on the Commission’s website: www.achpr.org. 17. The intersession reports presented by the members of the Commission and its Special Mechanisms at the 83rd Ordinary Session can also be accessed on the Commission’s website. ➢ 84th Ordinary Session (Private) 18. The 84th Ordinary Session was held virtually from 21 to 30 July 2025. The Final Communiqué of this Session, published on the Commission’s website, gives a full account of the deliberations conducted. ➢ 38th Extra-Ordinary Session (Private) 19. The 38th Extra-Ordinary Session was held virtually on 19 September 2025. The Final Communiqué of this Session, published on the Commission’s website, gives a full account of the deliberations which occurred ➢ 85th Ordinary Session (Public/Private) 20. The 85th Ordinary Session was held from 7 to 15 October 2025, virtually in Private Session and from 21 to 30 October 2025 in Public Session, in Banjul, The Gambia. 21. The Commission elected its new Bureau, which shall serve for two (2) years. The new Bureau comprises Honourable Commissioner Idrissa Sow, elected as Chairperson, and Honourable Commissioner Hatem Essaiem, elected as ViceChairperson. 5
22. During the Public Session, the Commission organised the following Panels: i. ii. iii. iv. v. vi. vii. viii. Panel on the 60th Anniversary of the International Convention on the Elimination of All Forms of Racial Discrimination; Panel on Externalization of Migration Management: Legal Issues, Current Challenges, and the Responsibilities of African States; Panel on the Right to the Environment in Africa; Panel on the Protocols on the Rights of Older Persons and Persons with Disabilities: One Year After Their Entry into Force - Lessons Learned and Future Perspectives for Enhanced Rights Protection; Panel on Extrajudicial Killings in the Context of the Fight Against Terrorism in Africa; Panel on the Study on Prisons; Panel on the Current Human Rights Situation in Sudan; Panel on Strategies for Advancing the Implementation of ACHPR Decisions: Reflections, Experiences and New Directions; ix. Panel on Advocacy for the Continental Ratification and Implementation of the Treaties under the Commission ‘s Monitoring; and x. Panel on African Union Theme of the Year 2025: Decade for Afro Decendants. 23. Also, within the context of this session, the Commission held a commemorative event marking the celebration of Africa Human Rights Day on 21 October. The event highlighted achievements, identified ongoing challenges, and strengthened engagement on human rights promotion and protection across Africa. 24. As well, the Commission held a Press Conference on the Publication of the Report of the Joint Fact-Finding Mission on the Situation in the Republic of the Sudan, and launched the following documents during the Session: i. 18th Newsletter on Police and Human Rights; ii. 2025 Newsletter of the Commiteee for the Preventiion of Torture in Africa; and iii. 4th Edition of the Newsletter of the Special Rapporteur on the Rights of Women in Africa. 25. Details of the activities undertaken by the Commission at its 85th Ordinary Session are set out in the corresponding Final Communiqué, which can be accessed on the Commission’s website: www.achpr.org C. OTHER ACHPR ACTIVITIES ➢ Retreat of the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights 6
26. From 2 to 3 June 2025, the Commission and the African Court on Human and Peoples’ Rights (AfCHPR) held a retreat in Arusha, Tanzania. The retreat was organised for the Commission and the AfCHPR, to discuss measures for enhancing the practical implementation of the statutory relationship of complementarity between the two Organs as envisaged by the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of the African Court on Human and Peoples’ Rights and the Rules of Procedure of both Organs. The retreat resulted, among others, in the adoption by the two bodies of Joint Guidelines on the Submission and Transfer of Cases. ➢ Consultation with the Peace and Security Council of the African Union 27. On 19 June 2025, the Commission held a virtual consultation with the African Union Peace and Security Council (PSC), among other things, on strengthening institutional synergies and regular information exchanges between the two bodies, anchoring a rights-based approach at all stages of a conflict cycle (alert, prevention, management, resolution, reconstruction); addressing the root causes of conflict (deprivation of rights, inequalities, discrimination); protecting vulnerable groups (women, children, internally displaced persons, refugees, migrants, persons with disabilities, etc.); respect for international humanitarian law and international human rights law by belligerents; the role of the Commission in transitional justice (technical support to States); the financial challenges facing the Commission; and ways to ensure more predictable funding, with the aim of implementing the institutionalized annual PSC-ACHPR consultation (since the 86th AU-PSC Session). ➢ Conference on Advocacy for the Continental Ratification of the Treaties under the ACHPR Monitoring: Towards Achieving the Universal Ratification of all African Human Rights Treaties 28. From 27 to 28 September 2025, in Accra, Ghana, the Commission held a Conference on Advocacy for the Continental Ratification of the Treaties under the ACHPR Monitoring: Towards Achieving the Universal Ratification of all African Human Rights Treaties. The Conference was organised to advocate for the universal ratification of the core human rights instruments monitored by the Commission. 29. The specific instruments discussed, which form a core part of the Commission's monitoring mandate, include the following: the African Charter on Human and Peoples' Rights; the Protocol to the African Charter on the Rights of Women in Africa; the Protocol to the African Charter on the Rights of Persons with Disabilities in Africa; the Protocol to the African Charter on the Rights of Older Persons; the Protocol to the African Charter on the Right to a Nationality and the Eradication of Statelessness in Africa; the Protocol to the African Charter on the Rights of Citizens to Social Protection and Social Security; the African Union Convention on Ending Violence Against Women and Girls; the African Union Convention for the 7
Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention); and the OAU Convention Governing the Specific Aspects of Refugee Problems in Africa. The Conference prompted decisive action by raising awareness, sharing knowledge about ratification processes, identifying obstacles, and developing practical strategies to accelerate progress toward universal ratification and implementation. ➢ Second Edition Pre-Session Forum of State Parties to the African Charter on Human and Peoples’ Rights. 30. From 19 to 20 October 2025, the Commission organised the Second Edition of the State Parties’ Pre-Session Forum preceding its 85th Ordinary Session, in Banjul, The Gambia. The Forum was organised with the aim of fostering enhanced communication, cooperation, and collaborative endeavours among States Parties and all stakeholders, invested in advancing and safeguarding human rights across the African continent. 31. By creating this platform for States Parties, the Commission also seeks to strengthen dialogue, deepen partnerships, and promote a more inclusive approach to human rights discourse and action within the African context. This initiative underscores the Commission’s commitment to engaging with all relevant actors and fostering a comprehensive and participatory framework for advancing human rights principles and practices in Africa. 32. The Second Edition of the State Parties’ Pre-Session Forum, among others, adopted the Terms of Reference for the Forum including its coordination mechanism, and discussed key thematic human rights issues of priority to Member States. IV. STATUS OF SUBMISSION OF PERIODIC REPORTS 33. The Commission monitors 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 (the Maputo Protocol) and the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (the Kampala Convention), by: receiving and examining periodic reports during the Ordinary Session; engaging directly with States on the content of their Report; drawing Conclusions and making general Recommendations on the Reports; in addition to following up on the nonsubmission of Periodic Reports by States Parties. 34. During the 83rd Ordinary Session, the Commission examined the following State Periodic Reports: 8
i. ii. 7th to 10th Periodic Report of the Federal Democratic Republic of Ethiopia under the African Charter on Human and Peoples’ and the Initial Report under the Maputo Protocol, covering the period from 2015 to 2023; and 16th Periodic Report of the Republic of Zimbabwe under the African Charter on Human and Peoples and the Second Report under the Maputo Protocol, covering the period from 2019 to 2023. 35. During the 85th Ordinary Session, the Commission examined the following State Periodic Reports: i. ii. iii. The 4th and 5th Combined Periodic Report of the Republic of Botswana under the African Charter on Human and Peoples’ Rights , covering the period from 2018 to 2023; The 18th and 19th Combined Periodic Reports of the Arab Republic of Egypt under the African Charter on Human and Peoples’ Rights , covering the period from 2019 to 2024; and The 10th to 18th Combined Periodic Reports of the Republic of Tunisia under the African Charter on Human and Peoples’ Rights and the Maputo Protocol , covering the period from 2006 to 2024; 36. 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: STATUS STATES PARTIES NUMBER Report under review1 Botswana, Egypt, Mauritius and Tunisia Up to date Angola, Burkina Faso, Eritrea, Mozambique, Uganda and Zimbabwe 1 report overdue Benin, Cameroon, Chad, Côte d’Ivoire, Eswatini, Kenya, Malawi, Mauritania, Namibia, Niger, Nigeria, Senegal and Zambia 13 2 reports overdue Democratic Republic of Congo, The Gambia, Lesotho and Togo 4 3 reports outstanding Rwanda 1 1 4 Ethiopia, 7 Reports under review following the submission and/or examination and subsequent adoption of the Concluding Observations. 9
More than 3 reports outstanding Algeria, Burundi, Cape Verde, Central African Republic, Congo, Djibouti, Gabon, Ghana, Guinea, Liberia, Libya, Madagascar, Mali, Sahrawi Arab Democratic Republic, Seychelles, Sierra Leone, South Africa, Sudan and Tanzania 19 No report submitted Comoros, Equatorial Guinea, Guinea-Bissau, Sao Tome and Principe, Somalia and South Sudan 6 37. With specific regard to Article 26 of the Maputo Protocol, the following twentytwo (22) States Parties have submitted their periodic reports to date: Angola, Burkina Faso, Cameroon, Democratic Republic of Congo, Eswatini, Ethiopia, The Gambia, Kenya, Lesotho, Malawi, Nigeria, Mauritania, Namibia, Rwanda, Senegal, Seychelles, South Africa, Togo, Tunisia, Uganda, Zambia and Zimbabwe. 38. From the thirty-four (34) States Parties which have ratified the Kampala Convention, the Republics of Cameroon, Angola and Burkina Faso have submitted Reports on its implementation. V. RESOLUTIONS ADOPTED BY THE COMMISSION 39. The Commission adopted the following Resolutions during the period under review: SESSION 82nd Ordinary Session RESOLUTIONS ADOPTED i. ii. iii. iv. v. vi. vii. Resolution on the Extension of the Deadline for conducting the review of the Study on the Death Penalty; Resolution on the need to Raise Awareness for States to withdraw Reservations on some Provisions of the Maputo Protocol ACHPR/Res.632 (LXXXII) 2025; Resolution on the Human Rights Situation in the Democratic Republic of Congo ; Resolution on Working towards the Assessment of Public Interest Content in this Digital Era and developing guidelines to ensure a public interest element for all platforms operating in Africa ; Resolution on the need for a Study on the Development of a Specific Legal Framework for the Protection of forcibly Displaced Persons in Africa as a result of Climate Change; Resolution on the need to Develop Guidelines on the Elimination of Obstetric Violence and Promotion of Maternal Healthcare in Africa; Resolution on the Situation of Sub-Saharan Migrants in Libya; 10
viii. ix. x. xi. 83rd Ordinary Session i. ii. iii. iv. v. vi. Resolution on Developing Guidelines to assist States Monitor Technology Companies in respect of their duty to maintain Information Integrity through Independent Fact Checking; Resolution on the Extension of the Deadline to Conduct a Study on Extrajudicial, Summary or Arbitrary Killings in Africa; Resolution on the Celebration of Africa's Day of Solidarity with the World and the Bravery of its Combatants; and Resolution on the Development of a Model Law on Criminalizing Torture in Africa. Resolution on Developing General Comment on the Protection and Promotion of the Right to Environment in Africa; Extractive Industries and the Elimination of all forms of Exploitation in the International Economic Relations of Africa; Resolution on the Extension of the Mandate of the Joint Fact-Finding Mission (JFM) on the Human Rights Situation in Sudan; Resolution on the Extension of the Deadline for Conducting the Study on Prisons and Conditions of Detention in Africa; Resolution on the Extension of the Deadline for Conducting a Study on Integrating Economic, Social and Cultural Rights in National Development Planning in Africa; and Resolution on the Extension of the Deadline for the completion of the Study Assessing the Level of Compliance of National Legislations with the Guidelines on Freedom of Association and Assembly in Africa. 84th Ordinary Session i. Resolution on the ongoing Serious Human Rights Violations in Gaza and the Occupied Palestinian Territories; ii. Resolution on the Human Rights Situation in the United Republic of Tanzania; and iii. Resolution on the need to undertake a Study on the Review of the Model Law on Access to Information for Africa. 85th Ordinary Session i. ii. iii. iv. v. vi. Resolution on the Extension of the Mandate of the Fact-Finding Mission on situation of human rights in the Republic of The Sudan; Resolution on Justice for Victims since 1997 of Serious and Massive Human Rights Violations and International Crimes in the Democratic Republic of Congo; Resolution on the Ceasefire in the Palestinian Occupied Territories; Resolution on the Obligations of African States in the Context of the Externalization of Migration Governance and the Extra-Regional Transfer of Migrants to Africa; Resolution for the Conduct of the Working Group’s draft study on Mapping Indigenous populations and communities in Africa; Resolution for the Conduct of the Working Group’s draft study on Mapping Ethnic, cultural, linguistic, and regional minorities in Africa; 11
vii. Resolution on supporting citizen election observers and strengthening electoral integrity in Africa; Resolution on the renewal of the mandate of the Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons and Migrants in Africa; Resolution on the Reconstitution of the Resolutions Committee; and Resolution on the Reconstitution of the Working Group on Communications. viii. ix. x. VI. HUMAN RIGHTS COMMISSION COMPLAINTS/COMMUNICATIONS TO THE Communications 40. 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. 41. The following Communications were considered during the period under review with one hundred and seventy-seven (177) Communications currently pending before the Commission: SESSION 77th Ordinary Session 37th Ordinary Session (Private) ADOPTED COMMUNICATIONS Decision adopted on Merits-1 i. Communication 725/19: M. Hassane Ahmed el Barwane and others v. Comoros2 Decision adopted on Admissibility – 1 i. Communication 823/23 : DAME KONZI MONGOT née REGINA OLA OJO v. République centrafricaine Request of Review of non-seizure, dismissed-1 i. Communication 846/24 - Government of the Republic of Biafra in Exile v. Nigeria 82nd Ordinary Session (Private) Seizure -1 i. Communication 861/ 24 – The Republic of Sudan v The Republic of Chad Decisions adopted on Merits - 4 2 This Communication was adopted at the 77th Ordinary Session but was mistakenly not included to the 56th and 57th Activity Report. 12
i. ii. iii. iv. Communication 655/17 – Les femmes de Lieke Lesole, parties civiles dans l’affaire Basele Lututula, alias colonel Thom’s et autres (représentées par Action Contre l’Impunité pour les Droits Humains) c. République Démocratique du Congo ; Communication 799/22 – Busisiwe Mkhwebane (represented by Shadrack Tebeile) v Republic of South Africa; Communication 763/21- William Sipai and 13 other representatives of the Keekonyokie Clan of the Maasai People of Kitet (represented by Dr. Duncan Ojwang) v. Republic of Kenya; and Communication 622/16 - Aline Bahogwerhe v. Democratic Republic of Congo. Decisions adopted on Admissibility – 4 Admissible -2 i. Communication 721/19- Martin Fayulu Madidi v. Democratic Republic of Congo; and ii. Communication 667/17 - The Swahili and Twa minorities of Burundi (represented by the NGO Via-Volonté) v. Republic of Burundi. Inadmissible -2 i. Communication 783/22 – Johannes Moko (represented by Shadrack Tebeile v. South Africa; and ii. Communication 797/22 – Osama Ibrahim Al saide Ali Konswa v. The Republic of Cameroun. 83rd Ordinary Session (Public) Strike Out -3 i. Communication 802/22 – Adel Aissaoui v People's Democratic Republic of Algeria; ii. Communication 723/19 – NIMBOMA Tharcisse (represented by Ntiburumunsi Jean-Claude and NTIRANYUHURA Divine) v. Republic of Burundi; and iii. Communication 841/24 - Nasim Onezime (represented by Begi’s Law Offices and Chambers Advocates) v. The Republic of Seychelles. Decisions adopted on Merits – 1 i. Communication 697/18 – Mr Kaptue Tagne Serges Bruces v. The Republic of Cameroon Decisions adopted on Admissibility – 8 Admissible – 3 i. ii. Communication 800/22 – Placide Muganga (represented by Advocates Armel Niyongere, Jean Claude Ntiburumunsi and Divine Ntiranyuhura) v. The Republic of Burundi; Communication 817/23: Rami Shaath (Represented by Open Society Justice Initiative, Freedom Initiative, Tahrir Institute for Middle East Policy, Cairo 13
Institute for Human Rights, Natasha Arnbrester et Rachel Murray) v. The Arab Republic of Egypt; and Communication 722/19 - Global Concern Cameroon (Gcc) Vs. The Republic of Cameroon. iii. Inadmissible - 5 i. Communication 784/22: Mashilo Sako (représenté par M. Shadrack Tebeile) v, The Republic of South Africa; ii. Communication 785/22 – Selemabothokgo Magdeline Rachidi and the Republic of South Africa; iii. Communication 786/22: Maselina Mathabela (represented by Mr. Shadrack Tebeile) v. The Republic of South Africa; iv. 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) et Mike JOCKTANE c. République Gabonaise; v. Communication 833/24: Apôtre Joseph KITWA NSENGA v. The Democratic Republic of the Congo; Oral Hearing i. 84th Ordinary Session (Private Session) Communication 782/22 – Legal Action Worldwide (LAW), Pan African Lawyers Union (PALU) and Debevoise & Plimpton LLP (Debevoise) v The Republic of Ethiopia. Decisions adopted on Merits – 3 i. Communication 739/20 – NCHANKOU NDJINDAM (représentant la SARL METIS et Feue Madame ETOUMAN Hélène Adèle) c. la République du Cameroun; ii. Communication 452/13 – Ali Askouri and Abdel-Hakeem Nasr (on behalf of persons affected by the Construction of the Merowe and Kajbar Dams) v. Republic of Sudan; and iii. Communication 604/16 – Dr. Bushra Gamar Hussein Rahama v. The Republic of the Sudan. Decisions adopted on Admissibility - 9 Admissible - 5 i. Communication 572/15 – Antonio Nevil Rome & 2 others (represented by dev Hurnam) Republic of Mauritius; ii. Communication 703/18 - Cathy Bosongo Beando c/ The Democratic Republic of Congo; iii. Communication 840/24: Eiman Ali Bashir Elshafie (represented by the African Centre for Justice and Peace Studies [ACJPS]) v. Sudan; iv. Communication 638/16 - Trial c. Republique Du Burundi; and 14
v. Communication 782/22 – Legal Action Worldwide (LAW), Pan African Lawyers Union (PALU) and Debevoise & Plimpton LLP (Debevoise) v The Republic of Ethiopia. Inadmissible - 4 i. Communication 688/18 – Atemnkeng Richard (Represented by Mbufor Fonju John Law Firm) v. The Republic of Cameroon; ii. Communication 787/22 – Onai Muzore et Junior Munyaka au nom de leur fille Precious Muzore (représentée par M. Shadrack Tebeile) c. République d'Afrique du Sud; iii. Communication 788/22 - Institut Tebeile (représenté par M. Shadrack Tebeile) c. République d'Afrique du Sud; and iv. Communication 836/24-Landry Angelo ADELAKOUN, Romaric ZINSOU, Miguèle HOUETO, Fréjus ATTINDOGLO, and Conaïde AKOUEDENOUDJE v. Republic of Benin. Strike Out -3 i. Communication 651/16 – Elevage Promotion Afrique (EPA) SARL (represented by Mr Azangue Bernard) v. Cameroon; ii. Communication 795/22: Liberty Fighters Network and Reyno Dawid De Beer (represented by Reyno Dawid De Beer) v the Republic of South Africa; and iii. Communication 746/21 Displaced Ogoni People (represented by the World Service Authority) v. Republic of Benin 85th Ordinary Session (Public Session) Decisions adopted on Admissibility - 9 Admissible - 6 i. Communication 566/15: Mrs Chiggle v. Cameroon; ii. Communication 850/24: Maliza SAID SOILIHI v. Comoros; iii. Communication 811/23-815/23: Eric Noudehouenou Houngue v. Bénin ; iv. Communication 853/24: Landry Angelo ADELAKOUN & Others v. Republic of Benin; v. Communication 714/19: Alexis Sebahene v. Burundi; and vi. Communication 814/23: Amhara Association of America (AAA) and the Centre for Human Rights, University of Pretoria (CHR) v. Federal Democratic Republic of Ethiopia. Inadmissible - 3 i. Communication 839/24: Kenyi Yasin Abdallah v. The Republic of South Sudan; ii. Communication 820/23: Timipa Jenkins Okponipere v. The Federal Republic of Nigeria; and iii. Communication 825/23: Jean Paul BELFIS contre République du Congo. Strike Out- 2 i. Communication 798/22: José Marius Mboyo Makpma Kavra v. The Republic of Central Africa; and 15
ii. Communication 865/25: William Kiplangat & others v. Republic of Kenya Provisional Measures - 1 i. Communication 861/24: The Republic of the Sudan v. Republic of Chad. Oral Hearing- 1 i. Communication 779/22: Jacob Gedleyihlekisa Zuma v. South Africa. Communications seized (9) i. ii. iii. iv. v. vi. vii. viii. ix. Communication 861/ 24 – The Republic of Sudan v The Republic of Chad; Communication 865/25 – William Kiplangat Kalegu and others (Roy Koimett) v. The Republic of Kenya ; Communication 866/25 – Mais integridade and three others v. Republic of Mozambique ; Communication 867/25 – OPIANGAH Patrick Hervé / the state of Gabon ; Communication 868/25 – Red Sea Afar Democratic Organisation v The State of Eritrea ; Communication 870/25 – Mr. Rabah HELAL v The State of Algeria ; Communication 873/25 – Ayman Abdelaziz Attia Mahmoud Nour v. Arab Republic of Egypt ; Communication 877/25 – Joseph Mobutu c. la République Démocratique du Congo ; Comm 880/25 – Maurice KAMTO (représenté par Me Hippolyte BT MELI) c. la République du Cameroun 42. The above tables show that during the period under review, the Commission was seized of nine (9) Communications, and one (1) Communication was dismissed on review of seizure. It declared seventeen (17) Communications admissible, fourteen (14) Communications inadmissible and struck eight (8) off its list. The Commission also issued provisional measures on one (1) Communication, took nine (9) decisions on the Merits and held Oral Hearings on two (2) Communications. VII. APPLICATIONS FOR OBSERVER AND AFFILIATE STATUS 43. In accordance with Resolution ACHPR/Res.572(LXXVII)2023 on the Criteria for Granting and Maintaining Observer Status to Non-Governmental Organizations working on Human and Peoples’ Rights in Africa, the Commission, during its 83rd and 85th Ordinary Sessions, granted Observer status to the following thirteen (13) NGOs: i. ii. iii. iv. v. Afro Barometer; Save Generations Organization; Community Healthcare Initiative; Women in Mining in Nigeria; Centre pour la qualité du Droit et la Justice; 16
vi. vii. viii. ix. x. xi. Association des victimes de Torture au Togo (ASVITTO); Partners for Transparency Association; Africa Disability Forum ADF; Human Rights and Forest Grain Africa HURIFBA; Kutakesa Association, Movement of Human Rights Defenders of Angola; Réseau actif pour la protection et l'assistance aux personnes déplacées internes RAPAPDI; xii. MOSAIKO; and xiii. Voix de femmes. 44. This brings the total number of NGOs with Observer Status to Five Hundred and Ninety-Two (592) at the end of the reporting period. 45. In accordance with Resolution CACDHP/Res.370 (LX) 2017 on the Granting of Affiliate Status to National Human Rights Institutions and Specialised Human Rights Institutions in Africa, the Commission granted Affiliate Status to the National Commission for Human Rights and Citizenship of Guinea Bissau, during the 85th Ordinary Session. To date, the Commission has granted Affiliate Status to thirty-nine (39) NHRIs and Specialised Institutions. VIII. IMPLEMENTATION OF THE COMMISSION’S DECISIONS, REQUESTS FOR PROVISIONAL MEASURES, CONCLUDING OBSERVATIONS AND URGENT APPEAL LETTERS 46. As can be observed below, the level of compliance by the State Parties with the Commission’s Decisions, requests for Provisional Measures and Letters of Urgent Appeal remains low: ➢ Monitoring the Implementation of Recommendations to State Parties and Decisions on Communications: 47. During the reporting period, the Commission completed its comprehensive database of all finalized decisions on Communications from its creation up to date, including the recommendations in those decisions. The database is to facilitate tracking of compliance by the Commission and for ease of reference by States Parties and other stakeholders. The database is available on the Commission’s website. Databases for all recommendations in Concluding Observations on State Reports and in Promotion Mission Reports were also completed up-to-date, and are equally now available on the Commission’s website. 48. The Commission also conducted two engagements on the implementation of its decisions and recommendations: (a) Conference on Advocacy for the Continental Ratification and Implementation of Treaties under the ACHPR Monitoring held from 27 to 28 September 2025 in Accra, Ghana; and (b) Panel on Strategies for 17
Advancing the Implementation of ACHPR Decisions: Reflections, Successes and New Directions, held during the 85th Ordinary Session of the ACHPR on 28th October 2025 in Banjul, The Gambia. 49. In relation to the status of implementation of final decisions on Communications, in accordance with Rule 125 of its Rules of Procedure (2020), the Commission received during the reporting period: (i) a letter from the Complainant regarding the lack of implementation of the Commission’s recommendations in Communication 626/16 Philip Forsang Ndikum (Represented by Ndikum Law Offices) v Cameroon (adopted at the 73rd Ordinary Session in November 2022); and (ii) a letter from a coalition of civil society organisations on the status of implementation of the Commission’s decision in Communication 276/03 Centre for Minority Rights Development (on behalf of the Endorois community) v Kenya (adopted at the 46th Ordinary Session in November 2009). 50. The Commission encourages all State Parties to continue to implement the Commission’s recommendations and decisions; and report on the measures taken in relation to implementation of final decisions on Communications in line with Rule 125 of its Rules of Procedure 2020. ➢ Implementation of Letters of Urgent Appeal; Concern & Commendation 51. During the reporting period, forty-four (44) Letters of Urgent Appeal were sent to States Parties, concerning various allegations of human rights violations: STATE DATE OF LETTER Democratic Republic of Congo 18 November 2024 South Africa 2 December 2024 Libya 22 January 2025 Ethiopia 23 January 2025 ISSUE JUSTIFYING A LETTER OF URGENT APPEAL STATE PARTY'S RESPONSE Letter of Urgent Appeal regarding No response the alleged enforced disappearances received of Jacques Sinzahera and Gloire Saasita- human rights defenders Letter of Urgent Appeal regarding No response the proposed Western Cape received Government’s development of the Oude Molen Eco Village Heritage Site Joint Letter of Urgent Appeal on allegations of torture and other forms of cruel, inhuman and degrading treatment of detainees in Qarnada prison in Libya Joint Letter of Urgent Appeal on the alleged widespread human rights violations against the Amhara people in Ethiopia 18 No response received No response received
Benin 27 January 2025 Ethiopia 28 January 2025 Mozambique 31 January 2025 Guinea 31 January 2025 Chad 3 February 2025 Congo 14 February 2025 Eritrea 15 February 2025 Mali 21 February 2025 Joint Letter of Urgent Appeal in response to reports on the suspension of various media outlets by the High Authority for Audio Visual and Communication, which were accompanied by the revocation of press credentials for the publisher of L’Audace Infos, Mr Romuald Alingo Joint Letter of Urgent Appeal regarding the alleged unlawful detention and severe medical neglect of Christian Tadele, an Ethiopian Member of Parliament and advocate for Amhara rights Joint Letter of Urgent Appeal following reports of the enforced disappearance and death of Mr. Arlindo Chissale Joint Letter of Urgent Appeal concerning the enforced disappearance of journalist Habib Marouane Camara, director of the news website "Le Révélateur 24," since his abduction on 3 December 2024 Letter of Urgent Appeal following the allegations of arbitrary executions and arrests of protesters in Laramanaye on 14 January 2025 Letter of Urgent Appeal regarding reports of mass rape and torture committed against hundreds of women following a violent attack on a prison in the eastern part of Congo Letter of Urgent Appeal on alleged restrictions on movement and displacement of Afars in the Southern Red Sea Region Joint Letter of Urgent Appeal concerning among other things, the enforced disappearance of Mr. Daouda Magassa, a member of the Coordination of Movements, Associations and Sympathizers of Imam Mahmoud Dicko, since 5 February 2025 19 No response received Response received dated 6 March 2025 No response received No response received No response received No response received No response received No response received
Burkina Faso 14 March 2025 Uganda 24 March 2025 Nigeria 25 March 2025 Burkina Faso 2 April 2025 Mali 4 April 2025 Algeria 4 April 2025 Algeria 4 April 2025 Cameroun 4 April 2025 Niger 4 April 2025 Letter of Urgent Appeal following the massacre of hundreds of civilians in the district of Solenzo on 10 and 11 March 2025 Joint Letter of Urgent Appeal regarding the alleged violations of the independence and security of legal professionals, particularly the reported arbitrary arrest, detention, and sentencing of Advocate Eron Kiiza, the lawyer representing Dr. Kizza Besigye, a political opposition leader Joint Letter of Urgent Appeal regarding the reported suspension of Senator Natasha AkpotiUduaghan from the Senate of the Federal Republic of Nigeria Joint Letter of Urgent Appeal regarding allegations of the abduction and arbitrary detention of Mr. Guézouma Sanogo, a journalist with Radio Télévision du Burkina and President of the Association of Journalists of Burkina Faso (AJB), and Mr. Boukari Ouoba, an investigative Journalist and VicePresident of AJB on 24 March 2025 Letter of Urgent Appeal following the allegations of the abduction and arbitrary detention of Mr. Alou Badra Sacko, a human rights defender on 14 March 2025 Letter of Urgent Appeal concerning allegations of violations of the right to association, specifically the restriction of Trade Union freedoms in the country Letter of Urgent Appeal following the alleged arbitrary arrest and detention of Mr. Boualem Sansal Letter of Urgent Appeal following allegations of suspension of civil society organisations including REDHAC and the ReachOut Association Joint Letter of Urgent Appeal following the alleged violation of the 20 No response received No response received No response received No response received No response received Response received on 29 April 2025 Response received on 16 June 2025 No response received No response received
Togo 04 April 2025 Burundi 9 April 2025 Zambia 23 April 2025 Côte d’Ivoire 24 April 2025 Libya 28 April 2025 Mali 02 May 2025 Tanzania 12 May 2025 right to freedom of human rights defenders, in particular the judicial harassment and arbitrary detention of Mr. Moussa Tchiangari, Journalist and Human Rights Defender Letter of Urgent Appeal following the alleged arbitrary arrest and detention of Françoise Affiavi Agba, her son and her brother-in-law, all accused of conspiracy against national security and financing terrorism Letter of Urgent Appeal regarding the conviction and sentencing of Ms. Sandra Muhoza, a journalist working with the online media La Nova Burundi, for sharing information in a private WhatsApp group for media professionals Letter of Urgent Appeal concerning hazardous lead waste mining and its impact on the rights of communities in Kabwe, Zambia Letter of Urgent Appeal regarding the allegations of the arbitrary arrest, detention and sentencing of Mr. Ghislain Assy Duggary, a trade unionist following his participation in a teachers' strike Joint Letter of Urgent Appeal concerning the situation of migrants, refugees and asylum seekers and the NGOs providing them with humanitarian aid in Libya, following a disinformation campaign on social networks Joint Letter of Urgent Appeal following allegations of extrajudicial executions and enforced disappearances of several dozen men, mostly from the Peuhl community, after their arrest on 12 April 2025, by the Malian Armed Forces in Sebabougou, Kayes region Joint Letter of Urgent Appeal following allegations of multiple human rights violations during the pre-election period, including the enforced disappearance of Mr. 21 No response received No response received No response received No response received No response received No response received No response received
Tanzania 12 May 2025 Cameroun 20 May 2025 Tanzania 02 June 2025 Kenya 4 June 2025 Ethiopia 5 June 2025 Algeria 5 June 2025 Cameroun 18 June 2025 Mpaluka Mdude Nyagali, a Tanzanian human rights and political activist, abducted from his home in Mbeya Joint Letter of Urgent Appeal concerning the human rights situation in the country and arrest of Mr. Tundu Lissu, the Chairman of Tanzania’s main opposition party, detained on 09 April 2025 Joint Letter of Urgent Appeal regarding the arrest of Mr. Tsi Conrad, a documentary filmmaker and human rights defender from Cameroon’s Northwest Region, in December 2016 and sentenced in 2018 to fifteen years in prison for “acts of terrorism, secession, spreading false information, revolution, insurrection, contempt for public bodies and officials, and hostility against the nation.” Joint Letter of Urgent Appeal concerning the conditions of detention of Mr Lissu including: the lack of access to his legal representatives when he was initially detained; restricted visits by his legal representatives, family, friends; reported denial of access to essential medication and homecooked food; and refusal of participation in religious services within the prison Letter of Urgent Appeal regarding the arrest and prosecution of digital activist Ms. Rose Njeri, and threats to civic space in Kenya Joint Letter of Urgent Appeal regarding reports of the alleged arbitrary arrest and detention of striking health workers in Ethiopia Letter of Urgent Appeal regarding the blockage of Riposte Internationale website in Algeria Letter of Urgent Appeal regarding restrictions on freedom of assembly for supporters of Maurice Kamto 22 No response received No response received No response received Response Received on 13 October 2025 Response received on 18 September 2025 Response received on 9 September 2025 No response received
Togo 18 June 2025 Letter of Urgent Letter regarding the No response arrest and detention of Mr. Tchala received Essowe Narcisse Togo 9 July 2025 The Gambia 14 August 2025 Letter of Urgent Appeal regarding arrest and detention during protests from 5 - 6 June 2025 Letter of Urgent Appeal relating to the death of a one-month-old baby girl from complications following Female Genital Mutilation (FGM) Response received on 7 July 2025 No response received Niger 23 August 2025 No response received Angola 15 September 2025 Senegal 30 September 2025 Chad 2 October 2025 Tunisia 7 October 2025 Joint Letter of Urgent Appeal on the dissolution of trade unions in the justice sector and the dismissal of two senior magistrates from the from the Syndicat Autonome des Magistrats au Niger Joint Letter of Urgent Appeal regarding allegations of the use of force, killings, arrests, and arbitrary detentions during the July 2025 protests in the Republic of Angola Joint Letter of Urgent Appeal with the African Committee of Experts on the Rights and Welfare of the Child concerning the death of the young talibé Abdou Khadr Seck and the protection of talibé children in Senegal Joint Letter of Urgent Appeal concerning the revocation of the Chadian nationality of Messrs Charfadine Galmaye Saleh and N'Guebla Makaïla Letter of Urgent Appeal concerning the death sentence of Mr. Saber Ben Chouchane Central African Republic 10 October 2025 IX. No response received Response received on 5 December 2025 No response received Response received during the 85 Ordinary Session Letter of Urgent Appeal regarding No response the death of Mr. Gbiamba Ordin received while in custody at the Landja Mboko gendarmerie in Bangui LETTERS OF CONCERN 52. During the period under review, the following six (6) Letters of Concern were sent to Heads of State and Government: 23
STATE DATE OF LETTER Sudan 20 January 2025 Burundi 1 July 2025 Guinea 17 October 2025 Burkina Faso 17 October 2025 Mozambique 17 October 2025 Madagascar 10 October 2025 X. ISSUES ON WHICH THE LETTER OF CONCERN WAS BASED STATE PARTY'S RESPONSE Letter of Concern and a Press Release No response condemning the atrocities received committed in Wad Madani, Sudan Letter of Concern on the alleged Response continuous detention of Mr Kenny received on 29 Claude Nduwimana, beyond his jail September 2025 term Letter of Concern regarding the No response abduction of Mr. Elhadj Adama received Keïta on 25 September 2025, by Guinean security forces in retaliation for the activities of his journalist son, Mamoudou Babila Keïta, now in exile Letter of Concern regarding the No response disappearance, between 10 October received and 13 October 2025, of magistrates Urbain Méda, Benoît Zoungrana, and Seydou Sanou; journalists Ousseini Ilboudou and Michel Nana; and lawyer Arnaud Sampebrè Letter of Concern regarding No response allegations of extrajudicial received executions and enforced disappearances attributed to the defense and security forces against individuals seeking to leave the town of Mocímboa da Praia for security reasons Letter of Concern regarding recent No response incidents that occurred in received Madagascar, marked by protests that resulted in the deaths of twenty-two (22) people and numerous injuries LETTERS OF COMMENDATION 53. During the period under review, the following twenty-four (24) Letters of Appreciation/Commendation were sent to Heads of State and Government: STATES DATE OF LETTER ISSUES ON WHICH THE LETTER OF APPRECIATION/COMMENDATION WAS BASED 24
Namibia 5 December 2024 South Sudan 9 December 2024 Ghana 25 December 2024 Namibia 26 December 2024 Botswana Zimbabwe 26 December 2024 10 January 2025 Libya 20 January 2025 Sao Tome & Principe 22 January 2025 Algeria 24 January 2025 Sierra Leone 30 January 2025 The Gambia 31 January 2025 Ghana 6 February 2025 Namibia 25 March 2025 Burundi 25 March 2025 Letter congratulating Her Excellency Netumbo Nandi-Ndaitwah on her historic election as Namibia’s first female President Letter on South Sudan’s accession to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness Letter commending the election of His Excellency John Dramani Mahama as President, and the historic appointment of Her Excellency Jane Naana Opoku-Agyemang as Ghana’s first female Vice President Letter on the election of Her Excellency Netumbo Nandi-Ndaitwa as the fifth President of the Republic of Namibia Letter on the election of His Excellency Duma Boko as the President of the Republic of Botswana Letter on the enactment of the Death Penalty Abolition Act [Chapter 9:26] on 31 December 2024, abolishing the death penalty for all crimes Joint Letter on the election of the first female Mayor in the country's history Letter on the historic appointment of Her Excellency Ilza Amado Vaz as the country’s first female Prime Minister Letter on the re-election of His Excellency Abdelmadjid Tebboun as the President of the People's Democratic Republic of Algeria Letter for various initiatives adopted to grant citizenship to people of African descent who could trace their ancestral heritage to the Republic of Sierra Leone Letter on the progress made towards the establishment of a Special Tribunal for The Gambia following the TRRC recommendations to prosecute perpetrators of human rights violations Letter for granting citizenship to 784 people of African descent which includes 524 afrodescendants granted citizenship on 19 November 2024 through the “Beyond the Return” Program Letter on the occasion of the inauguration and appointment of Her Excellency Lucia Witbooi as the first female Vice President, and the formation of a gender balanced cabinet comprising 50% women Letter for hosting the promotion mission to the Republic of Burundi undertaken by the Commission from 18 to 21 March 2025 25
Nigeria 28 April 2025 Guinea Bissau 28 April 2025 Cameroon 8 May 2025 Zimbabwe 12 May 2025 Gabon 15 June 2025 All 54 State Parties to the African Charter (54 Letters) 18 June 2025 Mauritania 20 June 2025 Djibouti, Burundi, Democratic Republic of Congo, Angola, Liberia, and The Gambia Malawi 15 July 2025 Central African Republic 31 July 2025 Letter welcoming the judgment of the Supreme Court of Nigeria on the Freedom of Information Act (2011), which unanimously affirmed that the Act applies to all tiers of government, including State institutions Letter following the government’s announcement that on 16 January 2025, the Council of Ministers decided to grant Guinean nationality to 12 individuals listed in a Communiqué of the Council of Ministers, many of whom are afro-descendants, in addition to others who have already benefited from previous similar initiatives Letter on the adoption of Decree 2024/333 of 24 July 2024 on Cameroon's accession to the United Nations Conventions relating to the Status of Stateless Persons and on the Reduction of Statelessness, adopted on 28 September 1954 and 30 August 1961 respectively Letter on the accession of the Republic of Zimbabwe to the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families Joint Letter to the President of Gabon for his election and peaceful transition process Letters expressing gratitude to all 54 States Parties to the African Charter for having either ratified the Protocol on the Rights of Persons with Disabilities and/or the Protocol on Older Persons, or for advocating for the ratification of both Protocols 18 July 2025 Letter regarding the regularization of the contracts of 1,865 journalists working in Mauritania’s public broadcasting service, which was announced by the Council of Ministers on 11 June 2025 Joint Letter to the Presidents of the Republics of Djibouti, Burundi, Democratic Republic of Congo, Angola, Liberia, and The Gambia on signing the African Union Convention on Ending Violence against Women and Girls Joint Letter welcoming the Constitutional Court’s decision striking down Section 200 of the Penal Code which criminalised defamation, declaring it unconstitutional for violating freedom of expression Joined Letter to the Central African Republic for ratifying the Maputo Protocol, becoming the 46th State to have ratified 26
XI. STATEMENTS AND PRESS RELEASES 54. During the reporting period, the Commission issued eighty-eight (88) Press Releases on various human rights issues. These Press Releases can be consulted on the Commission’s website: www.achpr.org. XII. PROMOTION AND FACT-FINDING MISSIONS 55. The Commission in collaboration with the Department of Political Affairs, Peace and Security (DPAPS) of the African Union Commission, was mandated by the African Union Peace and Security Council (AUPSC) to conduct an urgent investigation into the grave violations of human rights and international humanitarian law in Sudan. The Joint Fact-Finding Mission (FFM) was established by Resolution 590 (2024) of the Commission, following the outbreak of conflict on 15 April 2023. Its mandate is to investigate the nature, scope, and extent of serious human rights and humanitarian law violations, and to make concrete recommendations to ensure accountability and the protection of civilians. The Mission is composed of five Commissioners of the Commission, a technical expert from DPAPS, and legal officers from the Secretariat of the Commission. 56. Due to financial and logistical constraints, the FFM conducted its investigations virtually from December 2024 to April 2025. Its scope covered the period from 15 April 2023, when the conflict erupted, to the date of the report’s preparation, focusing on violations that occurred across multiple regions in Sudan. The report was adopted by the Commission during its 84th Ordinary Session and it was officially published on 21 October 2025, during its 85th Ordinary Session, marking an important milestone in documenting and responding to the grave human rights and humanitarian crisis in Sudan. The Commission subsequently adopted Resolution ACHPR/Res-642. (LXXXV) 2025, on the Further Extension of the Mandate of the Joint Fact-Finding Mission on the Human Rights Situation in the Republic of the Sudan, extending the mandate of the Fact-Finding Mission for six months, to enable the conduct of an on-ground mission to the Sudan and neighbouring countries to obtain direct first-hand accounts from refugees and other individuals affected by the conflict in Sudan. 57. The Report of the FFM could be accessed on the website of the Commission on www.achpr.org 58. The Commission also undertook the following Promotion Missions during the reporting period: i. Promotion Mission to the Republic of Seychelles, 10 to 14 March 2025; ii. Promotion Mission to the Republic of Burundi, 18 to 21 March 2025; 27
iii. Promotion Mission to the Kingdom of Eswatini, 14 to 20 July 2025; and iv. Promotion Mission to the Republic of Ghana, 29 September to 2 October 2025. XIII. INSTITUTIONAL PERFORMANCE, IMPLEMENTATION ACHIEVEMENTS, AND OPERATIONAL IMPACT 59. The 85th Ordinary Session (OS) and the 2025 operational year of the African Commission on Human and Peoples’ Rights (ACHPR) marked one of its strongest performance cycles in recent years, demonstrating institutional resilience and programmatic efficiency. Out of 77 planned activities, 68 (88.3%) were completed, 1 (1.3%) remained ongoing, and 8 (10.4%) were not implemented, representing a notable improvement over 2024. Member State-funded and internal administrative initiatives achieved 18/18 (100%) completion, confirming significant progress in governance, coordination, and results-based management (RBM) maturity. The Commission further promoted inclusivity and gender balance, engaging 1,632 participants across the 83rd to 85th Ordinary Sessions and reaching 3,456 citizens through digital visibility efforts, a 576 percent increase in outreach from the previous year. These achievements highlight stronger operational efficiency, greater stakeholder engagement, and a deepened commitment to transparency and accountability in human rights protection across Africa. 60. Institutionally, the ACHPR advanced major reforms under AU’s Moonshot 3: Responsive Public Institutions, with 100 percent of AMERT-aligned costed activity targets achieved. Notable milestones included staff-wide capacitybuilding programs in Results-Based Monitoring, Risk Management, and Project Management, benefiting over 34 staff members, and digital transformation efforts through the Uwazi Online Library and the Electronic Case Management System (CMS), designed to enhance accessibility and streamline case tracking. The adoption of the ACHPR Strategic Plan 2026–2028 and its Implementation Plan positioned the Commission to align seamlessly with Agenda 2063 and the STYIP 2024–2033 frameworks. The ACHPR also conducted four promotion missions, advanced two treaty ratification campaigns, and received, processed, and considered 96 communications, exceeding its protection target by 240 percent. Collectively, these results underscore ACHPR’s growing capacity as a responsive, evidence-driven, and digitally empowered AU organ advancing human rights across the continent. XIV. HUMAN RIGHTS SITUATION ON THE CONTINENT 61. 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 policymaking 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 28
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 62. The Commission notes with satisfaction the following main positive developments in human rights during the reporting period: Ratifications: i. The Protocol on the Rights of Older Persons in Africa has been ratified by 17 States with Uganda being the latest State to ratify it on 15 July 2025; ii. The Protocol on Persons with Disabilities has been ratified by 17 States with Burkina Faso being the latest State to have ratified it on 7 April 2025; iii. The Maputo Protocol has now been ratified by 46 countries, with Central African Republic being the latest State to have ratified it on 26 July 2025; iv. The Protocol to the African Charter on the Rights of Citizens to Social Protection and Social Security has been ratified by 2 countries namely Zimbabwe and Uganda, with Uganda being the latest country to have ratified it on 24 July 2025; and v. The signing of the new African Union Convention on Ending Violence Against Women and Girls by seven Member States (Angola, Burundi, DRC, Djibouti, Liberia; Ghana and The Gambia). Legislation and General Policies for the Promotion and Protection of Human Rights: i. Enactment of the National Policy on Inclusive Education as well as various other laws by governing Fisheries and Aquaculture; Civil Registration Systems; Civil Protection; and Personal Data Protection in Cameroon; ii. Enactment of the Basic Education Laws Amendment (BELA) Act and entry into force of the Expropriation Act 2025, by South Africa; iii. Expropriation Act 13 of 2024 signed into law on 20 December 2024 by Zimbabwe; iv. Adoption in May 2025 by Kenya of the Persons with Disabilities Act 2025; v. Adoption of Law No. 19-2025 of 25 July 2025 on the Protection and Promotion of the Rights of Older Persons by Congo; vi. Establishment of the National Committee to Investigate Crimes and Violations of National Law and International Humanitarian Law by the Sudan; vii. Launch of the National Action Plan on the Rights and Welfare of People with Albinism as well as the National Assistive Technology Strategy for People with Disabilities in Tanzania; viii. National Strategy for Health Security for the period 2025-2030 and preparation of a National Plan 2025-2030, as well as the establishment of an Inter-Ministerial Committee for Migration issues by Algeria; ix. Amendment of the Criminal Procedure Code and Labour Code; and adoption of an Asylum Law in Egypt; 29
x. Enactment of Law No. 13/24 of 29 August 2024, on the Crimes of Vandalism of Public Goods and Services, in Angola; xi. Adoption of the National Disability Plan of Action (2024–2028) and enactment of the National Civil Registration and Vital Statistics Act of 2023 by Eswatini; xii. Adoption of the law on the Promotion and Protection of Human Rights Defenders in Central African Republic; xiii. The adoption of four structural laws in Senegal, aimed at strengthening transparency, public integrity and accountability: (i) protection of whistleblowers; (ii) reform of the National Anti-Corruption Office (OFNAC); (iii) access to information; and (iv) declaration of assets; and finalisation of the National Action Plan on Business and Human Rights; and xiv. Adoption in Tunisia of Law No. 2025-09 of 21 May 2025 on the organisation of employment contracts and the prohibition of subcontracting; and xv. Establishment by the Presidential Council of two committees in Libya, to address security and human rights concerns, in addition to the consensus reached on key elements of a draft law on missing persons. Death Penalty, Extra-Judicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa: i. Abolition of the death penalty in Zimbabwe; ii. Increasing number of African countries voting in favour of the United Nations General Assembly Resolution calling for a Moratorium on the use of the Death Penalty. For instance, in December 2024, Kenya, Morocco and Zambia, which had always abstained, voted in favour of the resolution. Gabon, Sao Tome and Principe, Seychelles, and Somalia, which abstained or were absent in 2022, voted in favour of the resolution; iii. The release of journalists Kalifara Séré, James Yazid Dembélé, Luc Pagbelguem and Boukari Ouoba who had been kidnapped and requisitioned in military operations in Burkina Faso; and iv. Pardon to Mr. Saber Ben Chouchane who had been sentenced to death for his publications on facebook in Tunisa. Prevention of Torture in Africa: i. Measures taken by Namibia to sanction police officers involved in acts of torture and other ill-treatment; ii. Establishment of National Mechanisms for the Prevention of Torture in Benin, Madagascar, Nigeria, and South Africa; iii. Amendment of the constitution in Mauritius aimed at removing older provisions that used to undermine the absolute prohibition of torture; and iv. Reported prosecutions of officials for the crime of torture, or other ill treatment and Court decisions advancing the prohibition of torture in Togo, Nigeria, Malawi, Kenya, Tanzania, Kingdom of Eswatini, and Uganda. Prisons, Conditions of Detention and Policing: 30
i. ii. iii. iv. v. vi. vii. viii. Inauguration of the Prisons Service Council in Ghana, mandated to oversee reforms aimed at decongestion, improved conditions of detention, and enhanced rehabilitation and reintegration; Repeal of the 1956 Prisons Law through Malawi’s Prisons Act (Bill No. 8 of 2025) introducing safeguards such as a ban on child imprisonment, improved healthcare, measures to reduce overcrowding, and access to legal representation; The reduction of remand prisoner population in Uganda from over 65 % to below 47% and more than 50,000 inmates annually benefit from rehabilitation programs; Steps taken by Kenya in expanding the presence of the Independent Policing Oversight Authority (IPOA) to 21 counties, enhancing the effective functioning of the IPOA in holding police to account; Enrollement of prisoners in the national education system in Cameroon, Ghana and Kenya, providing prisoners acess to higher education; The use of technology to advance vocational training conditions for prisoners in kenya, wherein prisoners manufacture uniforms for various institutions; Training of law enforcement officers and public security forces in Angola, on respect for the human rights of inmates; and Willingness of some States to transition from a punitive to a rehabilitative with a focus on constructing modern prisons aligned with rehabilitative philosophies and improved conditions of detention such as the new facilities in Namibia (Hardap, Elizabeth Nepemba, and Windhoek Correctional Centres). Freedom of Expression & Access to Information: i. The enactment of national legislations to ensure the right to access to information in twenty-nine (29) States in Africa; ii. The increasing adoption of data protection laws in Africa, with thirty-nine (39) States enacting data protection laws, and thirty-four (34) States establishing regulatory authorities to oversee compliance; iii. The landmark judgment adopted by the Supreme Court of Nigeria in April 2025, which unanimously affirmed that the Freedom of Information Act (FOIA) 2011, applies to all tiers of government including state institution; iv. The provision of clearer definitions of misinformation and cyber harassment in Kenya with the passing of the Computer Misuse and Cybercrimes (Amendment) Act 2025; and v. The regularization of the contracts of 1,865 journalists working in Mauritania’s Public Broadcasting Service; and the Constitutional Court’s decision striking down Section 200 of the Penal Code, which criminalizes defamation, declaring it unconstitutional for violating freedom of expression. 31
Refugees, Asylum Seekers, Migrants and Internally Displaced Persons: i. ii. iii. iv. v. vi. The promulgation of Law 039-2024 in Mauritania, on the establishment of the Specialized Court to combat Slavery, Trafficking in Persons and Smuggling of Migrants; The launch of the Shirika Plan in Kenya, a landmark initiative aimed at integrating refugees into host communities; Notable progress made in some States, including Côte d'Ivoire, Nigeria, Benin, and Senegal, where new mechanisms for recognizing statelessness have provided legal protection to thousands of individuals; The elimination of gender-based discrimination in nationality laws in Liberia, Sierra Leone, and Benin, which now allows women to pass on their nationality to their children; The numerous voluntary returns of migrants with the assistance of the IOM from Tunisia, Libya and Algeria to many African countries of origin; and The adoption of Law 164 of December 2024, on Asylum by Egypt. Economic, Social and Cultural Rights: i. Increase in the net primary school enrolment rate of 81% and the retention rate at 83% in Mauritania; ii. Establishment of national policies that ensure food sufficiency and the implementation of social protection programmes in Zimbabwe, such as the Food Deficit Mitigation Programme and the School Feeding Programme; iii. The formalization of land ownership by Rwanda through its revised 2025 National Urbanization Policy, enhancing protections for its citizens; iv. Enactment of the Mental Health Act 2025 in Malawi which introduces a human rights-based approach to mental health care in Malawi, and v. Introduction of universal free access to primary and secondary education in Namibia and Sierra Leone. Women’s Rights: i. The historic appointment of a woman in Libya as Mayor for the first time in the country’s history, which reflects the recognition of the crucial role women play in governance; ii. Educational gender gaps narrowing with near parity achieved in Kenya, Ghana, and Botswana; iii. Many nations have enacted progressive laws against gender-based violence and child marriage, including that Malawi, Zambia, The Gambia and Mali have raised the legal marriage age; iv. Adoption by Sierra Leone of the FY2025 Gender Budget Statement, which signifies the government’s commitment to integrating gender perspectives into its financial planning and decision-making processes; v. The achievement of a 50% gender balanced cabinet in Namibia and the historic election and appointment of female Heads of State and high-level political offices, such as the election of Her Excellency Netumbo Nandi-Ndaitwah as the first 32
female President and Her Excellency Lucia Witbooi as the first female VicePresident in Namibia; and the appointment of Her Excellency Ilza Amado Vaz as the first female Prime Minister in Sao Tome and Principe; and vi. Lifting of the reservation on Article 15(4) of the CEDAW Convention by Algeria. Human Rights Defenders: i. Release of some human rights defenders in custody in Congo, Uganda and Tunisia; ii. The appointment of a representative of civil society to the Committee for the Protection of Human Rights Defenders in the Republic of Côte d'Ivoire; iii. Establishment by Kenya of the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests between the period 2017 to 2025; and iv. The decision of the Administrative Court of Douala, Cameroon, handed down on September 19, 2025, ordering the removal of the seals affixed to the premises housing the REDHAC offices, since 6 December 2024. Protection of the Rights of People Living with HIV and those at Risk, Vulnerable to and Affected by HIV in Africa: i. Several African countries have made progress in aligning national laws and policies with international human rights standards, including the decriminalization of HIV transmission and improved legal protections for PLHIV and key populations; ii. South Africa maintained large-scale treatment programs, with over 7.7 million people receiving ARVs and Botswana’s leading efforts to eliminate mother-tochild transmission; and iii. The SADC Regional Strategy (2024–2030) and initiatives like UNDP’s SCALE Grant empowers key populations to lead advocacy and service delivery, improving access and reducing stigma. Older Persons and Persons with Disabilities: i. Significant strides made in Seychelles, in recognising the rights of persons with disabilities through the Disability Inclusion in the Media, for crisis preparedness, promoting inclusive communication and better representation of persons with disabilities; and ii. Proactive initiatives in Cote d’Ivoire where in June 2025, a young disabled person was granted all conditions to undergo his academic exams from his hospital room. Indigenous Populations/Communities i. Growing regional and global visibility of Indigenous rights including the coherent AU–ACHPR messaging on 9 August 2025; stronger UN coordination (UN SRIP, UNPFII); and active diaspora engagement through the Silicon Valley African Film Festival as well as, engagement with the Forum of African Traditional Leaders (Eswatini, 5–9 Sep 2025) established a continental Network of Traditional Leaders. 33
Conflict Situations and Transitional Justice: i. The progress registered towards the operationalisation of the Commission for Truth, Reconciliation and Healing (CTRH) in South Sudan with the submission from various sectors of society, nominees of the Selection Panel responsible for South Sudanese members of the CTRH; ii. The establishment of a Special Tribunal for The Gambia following the TRRC recommendations to prosecute perpetrators of human rights violations; and iii. Development and implementation of National Action Plans (NAPs) to localize the Women Peace and Security agenda by Nigeria, Kenya, Uganda, South Africa, Côte d’Ivoire, Mali, and the Democratic Republic of Congo. b) Areas of Concern 63. However, the Commission remains concerned about the following negative human rights developments during the reporting period: Ratification: i. The Protocol to the African Charter on Human and Peoples’ Rights relating to the Specific Aspects of the Right to a Nationality and Eradication of Statelessness in Africa, has not been signed or ratified by any state almost two years after its adoption; ii. The low ratesof ratification of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Citizens to Social Protection and Social Security; and the African Union Convention on Cyber Security and Personal Data Protection; iii. Zero ratification of the African Union Convention on Ending Violence Against Women and Girls (AUCEVAWG); iv. 8 Member States are yet to ratify the Maputo Protocol and the OAU Convention Governing the Specific Aspects of Refugee Problems in Africa to achieve universal ratification; v. 21 States are yet to ratify the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa; and vi. 38 States are yet to ratify the Protocol to the African Charter on the Rights of Older Persons in Africa; and the Protocol to the African Charter on the Rights of Persons with Disabilities in Africa. Death Penalty, Extra-Judicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa: i. Allegations of extrajudicial killings of civilians by security forces in Burkina Faso, Chad, Angola, Mozambique, Central African Republic and Congo; ii. Allegations of enforced disappearances in Burkina Faso, Tanzania, the DRC, Guinea, Mali, Uganda, and Kenya; 34
iii. The persistence of inter-community violence in Chad, resulting in heavy loss of lives; and iv. The high number of death sentences handed down in the DRC. Prevention of Torture: i. Lack of independent mechanisms to receive and investigate complaints of torture and other ill-treatment remains a significant gap in many States; ii. The failure of some States to conduct prompt, thorough, independent, and impartial investigations into allegations of torture and ill treatment; iii. Additional 7 State Parties listed as non-compliant under Article 17 of OPCAT in establishing National Preventive Mechanisms i.e Burundi, Central African Republic, Democratic Republic of the Congo, Gabon, Ghana, Liberia, and South Sudan; and iv. Widespread torture and other cruel treatment in Sudan, including in “ghost sites”, improvised detention centres, the Rapid Support Forces and the Sudanese Armed Forces reportedly engaged in systematic acts of rape, enslavement, and executions, often filming these abuses as tools of terror and humiliation. Prisons, Conditions of Detention & Policing i. Incidents at Montagne Posée Prison which led to deaths and injuries, revealing systemic issues in detention oversight in Seychelles; ii. Reports of detention of minors and protesters, some facing treason charges, following peaceful demonstrations in Nigeria; iii. The use of force to disperse a peaceful demonstration against slavery in Nouakchott, Mauritania, in February 2025; iv. The use of lethal force to disperse the King Joy Workers' meeting in Liberia; and the use of force to suppress demonstrations, resulting in loss of lives and arbitrary arrests and detention, particularly in Kenya and Angola; v. The arbitrary arrest and detention of trade union activists in Côte d'Ivoire; vi. Overcrowding in prisons on the continent, sometimes exceeding the required capacity by three or four times; vii. The death in custody of Mr EKANE Anicet Goerges aged 74, in Cameroon; viii. The minimum age of criminal responsibility in some countries of 12 and 13 years old, contrary to the provisions of the African Charter on the Rights and Welfare of the Child; ix. The failure of some States to establish an external oversight mechanism for the activities of law enforcement officers and public security forces, as suggested by regional instruments such as the Model Police Act in Africa. Freedom of Expression & Access to Information: i. Recurring reports of journalists being harassed, attacked and detained while reporting on election-related events; ii. A marked rise in reports of abductions and enforced disappearance of journalists, in addition to recent reports of forced conscription of journalists in Burkina Faso; 35
iii. Inconsistency of aspects of the Computer Misuse and Cybercrimes (Amendment) Act in Kenya, most notably provisions permitting the blocking of websites and other communication platforms without court authorization; and iv. The dissolution of the National Authority for Access to Information (INAI) in Tunisia, in August 2025. Refugees, Asylum Seekers, Migrants and Internally Displaced Persons: i. Reduction of funding for humanitarian assistance programs and severe budget cuts in the humanitarian sector affecting refugees, asylum seekers, and other displaced persons; in Sudan, South Sudan, the Democratic Republic of Congo, Somalia, and Ethiopia; ii. The number of internally displaced persons in Sudan and Democratic Republic of Congo nearing 8 million in each country, one of the world’s largest internal displacement crises, with massive displacements and mounting challenges, such as the spread of the Mpox epidemic; a sharp increase in sexual and gender-based violence; overcrowding in often informal camps, disastrous living conditions, no access to social and economic rights, particularly education and healthcare; iii. Incidents of xenophobia, discrimination, hate speech and anti-immigrant rhetoric, in addition to physical and psychological violence against migrants in many African countries; and the increasing number of missing migrants, including women and children, on migration routes in Africa or to other regions, particularly to Europe or the Gulf States; iv. The humanitarian situation of long-term refugees across the continent, particularly that of Sahrawi refugees, which has persisted for more than half a century and is one of the longest-running refugee crises in the world, with a population that remains dependent on international aid in a context of chronic underfunding, despite sustained humanitarian effort; v. The challenges in registering refugees and asylum seekers, particularly in certain East African States, as well as restrictions on freedom of movement and the issuance of exit permits and travel documents, thereby hindering the socioeconomic inclusion of refugees, asylum seekers and migrants of host societies; and vi. The externalization of migration management through various agreements leading to violations of the fundamental rights of migrants and asylum seekers. Economic, Social and Cultural Rights: i. Environmental degradation and toxic lead contamination in Kabwe, Zambia, resulting in concerns about corporate impunity and the health rights of affected communities; ii. The low level of integration of human rights into national education systems in some countries with the lack of teaching resources adapted to African contexts, and the insufficient training of teachers and public actors in human rights education; 36
iii. iv. Many African countries still face challenges related to historical patterns of land ownership, where certain groups have disproportionately high access to land; and The state of health systems across the continent, more so, the recurrence of infectious diseases such as Ebola and Mpox. Women’s Rights: i. The situation for women and girls in South Sudan amidst the ongoing crisis including reports of food insecurity and projections indicating 7.69 million during the lean season (April-July 2025); 1.11 million pregnant or breastfeeding women facing acute malnutrition; over 70% of children are out of school with girls being the majority; maternal mortality remains highly linked to limited healthcare access, and teenage pregnancy is alarmingly high at 34.5%; access to essential sexual and reproductive health services is also severely limited; ii. Increasing cases of femicide and gender-based violence against women and the low rate of prosecution of perpetrators of these heinous crimes; iii. Backlash against the rights of women, girls, and the broader women’s rights movement on the continent as evidenced by the alarming levels of sexual gender-based violence (SGBV) and conflict-related sexual violence (CRSV) targeting women and girls; and iv. Alarming patterns of violence with impunity in several countries, including the tragic FGM-related death of an infant in The Gambia; abductions and sexual violence against schoolgirls in South Sudan, and the brutal femicide of Rosina Hara in Malawi. Human Rights Defenders: i. The promulgation of the Private Voluntary Organisations Act No. 1/2025 in Zimbabwe, with some amendments likely to restrict civic space; ii. Suspension of civil society organizations and their activities in some countries; including suspension for several weeks of the activities of NGOs working with migrants, refugees and asylum seekers in Libya; and iii. The absence of specific legislation and other legal mechanisms to protect human rights defenders in some countries; and iv. The persistence of legislative frameworks and legal restrictions that severely hamper the work of civil society associations and organisations in certain states; Protection of the Rights of People Living with HIV and those at Risk, Vulnerable to and Affected by HIV in Africa: i. The US government's decision to freeze foreign aid, (including PEPFAR and USAID), which led to significant concerns about the impact on HIV/AIDS programs in Africa, particularly a substantial increase in HIV infections and AIDS-related deaths; and disrupted HIV services across East and Southern Africa, leading to layoffs, reduced ARV supplies, and halted PrEP (Pre-Exposure Prophylaxis), and PEP (Post-Exposure Prophylaxis), programs; 37
ii. Key populations, such as persons subjected to human rights violations based on their real or imputed sexual orientation or gender identity, sex workers, and people who use drugs, continue to face legal and social barriers that hinder access to care; and iii. Access to PrEP (Pre-Exposure Prophylaxis), PEP (Post-Exposure Prophylaxis), and emerging HIV prevention vaccines remains uneven, especially in rural and marginalized communities with disruptions in supply chains and lack of domestic production capacity exacerbating the issue. Older Persons and Persons with Disabilities: i. Older persons continue to suffer from stigma and ill-treatment across Africa, including in Central African Republic, Ghana and Nigeria where the predicament of victims was triggered by accusations of practicing witchcraft; and ii. Accessibility is a real challenge for persons with disability across Africa as adaptation is yet to be fully done for existing infrastructure and environments, while new construction projects and programmes do not systematically include accessibility measures. Indigenous Populations and Minorities in Africa: i. Discrimination of Indigenous peoples in the exercise of their rights, particularly in relation to land tenure and access to resources; ii. Gaps in disaggregated data on Indigenous and minority populations affecting policy and accountability; with persistent undercounting and poor data, continue to hinder visibility of Indigenous and minority populations; and iii. The principle of free, prior, and informed consent (FPIC) and meaningful participation have continued to be a challenge, suggesting that FPIC is treated as a mere formality rather than a genuine engagement with communities. Extractive Industries and the Environment i. Desertification, soil and land degradation as one of the most pressing environmental challenges affecting parts of the continent, threatening ecosystems, livelihoods and the conditions for survival of communities; ii. The widespread water and environmental contamination from illegal gold mining in Ghana, known in local parlance as ‘galampsy’ which resulted in the contamination of 60% of water sources in Ghana, making it the most pressing national crisis; iii. The continuing adverse impacts of the environmental disaster occasioned in Zambia following the collapse of a dam containing waste from the Sino-Metals Leach Zambia copper mine in February 2025; and iv. The inadequacy of laws and institutions regulating activities affecting the environment, including the lack of enforceable standards for corporate accountability, impediments to access to justice and lack or remedies and guarantees for consultation and participation of affected communities. Peace & Security, Transitional Justice & Conflict Situation 38
i. Despite the 25th anniversary of UNSCR 1325, women remain severely underrepresented in formal peace processes and security institutions, and conflictrelated sexual violence remains a pervasive and systematic tactic of war, with survivors facing stigma and a lack of justice; ii. Elections continue to be a trigger causing pre and post electoral violence leading to conflict in many African countries; and unconstitutional changes of government remain a concern in a number of countries which leads to serious and massive human rights violations perpetrated against the civilian populations; iii. Women and girls are disproportionately affected by the conflict in Sudan, with sexual violence being used as a tactic of war, with a marked increase in genderbased violence, including rape, sexual slavery, and trafficking being used as weapons of war; and iv. Slow justice in Seychelles, in the implementation of the recommendations of the Truth, Reconciliation, and National Unity Commission (TRNUC), for addressing historical human rights abuses, including torture and disappearances, through reparations. XV. RECOMMENDATIONS 64. In view of the foregoing, the Commission makes the following recommendations: a) To States Parties: i. ii. iii. Signature, ratification and domestication of the Protocol to the African Charter on the Rights of Citizens to Social Protection and Social Security; the Protocol to the African Charte ron the Rights of Older Persons; Protocol to the African Charte ron the Rights of Persons with Disabilities; Protocol on Right to Nationality and Eradication of Statelessness in Africa; African Union Convention on Cyber Security and Personal Data Protection; the Protocol to the African Charter on the Rights of Women in Africa; the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa; OAU Convention of 1969 on refugees in Africa, African Union Convention on the Elimination of Violence against Women and Girls; in addition to other relevant regional and international human rights treaties’; Observation of a moratorium on the use of the death penalty, in accordance with Resolution ACHPR/Res.42(XXVI)99, where the death penalty still exists, suspension of the execution of prisoners sentenced to death and commute their sentences to lesser penalties, and support efforts to adopt the draft Protocol to the African Charter on the Abolition of the Death Penalty; Revision of national legislations to protect individuals from enforced disappearances, torture and other ill-treatment by prohibiting secret detention, prolonged isolation and criminalizing the use of secret or unauthorized detention centres, in accordance with the Robben Island Guidelines, the Convention against Torture (UNCAT) and OPCAT; 39
iv. Prioritize accountability for abuses committed by security forces, including arbitrary detentions and excessive use of force, establish independent oversight mechanisms, facilitate human rights training for security personnel, and ensure that victims have access to legal recourse; v. Create employment opportunities and ensure access to education, housing and shelter for all, including the most disadvantaged and vulnerable in society; and take measures to ensure access to water, sanitation and other basic health care necessities to the public, as conditions for safeguaring health and life; vi. Ensure all National Development Plans, including monitoring and evaluation mechanisms of such plans, are human rights-driven and take into account their obligations under the African Charter, Agenda 2063 and the 2030 Sustainable Development Goals; vii. Recognize the rights of indigenous peoples, ensuring their participation in decision-making processes and work in partnership with them to achieve sustainable development; viii. Provide sustainable, direct, and flexible core funding to women-led and women's rights organizations, and to classify GBV and SRHR services as nonnegotiable components of all emergency and development budgets; ix. Ensure the meaningful participation of women at all levels of peace and security processes, allocate dedicated funding for National Action Plans, and strengthen laws and support systems to protect women and girls in conflict settings; x. Ensure that refugees, asylum seekers, internally displaced persons and stateless persons enjoy all their human rights, including their economic and social rights and certain freedoms within the framework of national laws, by implementing Resolution 565(2023) of the Commission on the inclusion of the latter in national plans, while respecting the principles of the Geneva Conventions and the OAU Convention on the Protection of Refugees, which enshrine the fundamental principle of non-refoulement and the prohibition of collective expulsions; xi. Increase the amounts allocated to humanitarian aid for refugees, asylum seekers, and internally displaced persons, and operationalize the African Humanitarian Agency (AHA); xii. Adopt legislation on the right to access to information and establish Independent Oversight Mechanisms mandated to monitor implementation of the national legislation; xiii. Take appropriate measures to avoid the use of force during peaceful demonstrations and refrain from adopting repressive laws that restrict civic space and the legitimate activities of human rights defenders in promoting and defending human rights; xiv. Strengthen domestic financing and health system resilience by increasing health budget allocations, reduce dependency on foreign aid, and invest in local pharmaceutical production to ensure sustainable access to HIV services; and prioritise tailored interventions to ensure equitable access to ARVs, PrEP 40
(Pre-Exposure Prophylaxis), PEP (Post-Exposure Prophylaxis), and prevention tools; xv. Issue an open and permanent authorization for the Commission to visit prisons or detention centres, and to decide which prisons to visit; xvi. Regular robust inspection of environmental standard compliance and human rights due diligence measures including but not limited to the storage and disposal of mining waste by mining companies in Africa; and adopt and enforce legal and institutional frameworks that hold corporations accountable for environmental harm and human rights violations, in extractive industries xvii. Undertake comprehensive sensitisation programmes and campaigns aiming at eliminating the stigma associated to older persons and persons with disabilities; xviii. Systematically include accessibility to any new construction project and continue to work on ensuring that existing infrastructures and environments are adapted to the needs of persons with disabilities; xix. Urge all parties to armed conflicts to cease hostilities immediately and unconditionally, and to comply fully with International Humanitarian Law (IHL) and International Human Rights Law (IHRL), particularly in relation to civilian protection, the prohibition of arbitrary detention, and respect for due process; xx. Move beyond tokenism to ensure the substantive inclusion of youth as valuable partners in governance and implement policies, in line with the African Youth Charter; and xxi. Continue to extend standing invitations for promotion and fact-finding missions, submit periodic reports timely, and implement the Commission’s recommendations and all soft documents. b) To the PRC: i. ii. XVI. Provide decisive logistical, financial, and structural support to the ACHPR, with particular emphasis on resolving critical staffing shortages; and Establish formal dialogue mechanisms and designated focal points between Member States and the Commission to fortify working relations. ADMINISTRATIVE COMMISSION AND FINANCIAL SITUATION OF THE a) Staffing 65. The Commission’s Secretariat currently has a total of fifty-two (52) headcount, made up of thirty-one (31) staff on regular contracts while twenty-one (21) are made up of secondments from Member States of the African Union, AU Volunteers, Technical Assistants, Interns and Researchers. The Commission is currently working with the Directorate of Human Resources Management to 41
recruit five positions which are replacements (i.e. Senior Legal Officer, Driver, Receptionist, Interpreter and Legal Officer). Nevertheless, the ACHPR continues to experience insufficient staffing, despite several Executive Council decisions calling for the establishment of a structure that aligns with its expanded mandates over the years. 66. AU EX.CL Council Decisions EX.CL/Dec.995 (XXXII) (2018), EX.CL/Dec. 1080(XXXVI) (2020), EX.CL 1196, EX.CL. 1244, EX.CL1284 and EX.CL/Dec. 11(XLIV) (2024) are among the Policy Organs’ directives calling for the allocation of adequate human resources, including the filling and funding of vacant posts in the current structure as applicable and the review of the current structure to align with its expanded responsibilities and relevant audit recommendations. Since the inauguration of the ACHPR, many Units within the Secretariat have either had no staff at all or have operated as one-person Units. Consequently, the Secretariat faces a severe staffing deficit, which adversely affects its daily operations. 67. The current structure of the ACHPR’s Secretariat was last updated and approved in 2009. In accordance with the foregoing Executive Council Decisions, the Secretariat submitted a revised structure to the AU Organs in 2022. This optimal structure proposal recommended a staff complement of one hundred and fifty-six (156) positions, in contrast to the forty-six (46) positions approved in 2009. However, following the directive of Member States during the sittings of the PRC Sub-Committee including on rationalization, and working accordingly with the Reforms Unit and the Directorate for Human Resources, the number of proposed positions was reduced to the bare minimum needs of the ACHPR of ninety (90) positions, down from the original 156. The 44 additional positions requested correspond to new roles and functions essential for the effective implementation of ACHPR’s expanded mandate and also address recurring audit recommendations concerning segregation of duties and the absence of critical roles that are required for full compliance with AU governance standards— especially in the areas of finance, procurement, risk management, and monitoring and evaluation. The structure has been costed and is requested to be implemented in 5 phases. 68. It is respectfully recalled that the ACHPR is the oldest Organ of the AU, with a mandate that extends across nearly the entire continent. It plays a vital role in advancing, among other priorities, Aspirations 3, 4, and 6 of Agenda 2063, as well as Moonshots 3, 4, and 6 of the Second Ten-Year Implementation Plan. 69. Regrettably, unlike many of the AU’s more recently established Organs and institutions, its structure has not been adequately reviewed or aligned with its evolving mandate. Addressing this long-standing gap—consistent with directives of the Policy Organs and audit recommendations—is the purpose of the structure review request within the broader institutional reform process. 42
70. We respectfully request that this revised proposal be considered and implemented in a phased manner, taking into account budgetary constraints. XVII. IMPLEMENTATION OF EXECUTIVE COUNCIL DECISIONS a) Joint Retreat between the Commission and the PRC 71. Following Executive Council Decisions EX.CL/Dec.995 (2018) and EX.CL/Dec.1045 (2019), and the Joint Retreats of the ACHPR and Member States in 2018 and 2023, better cooperation is being forged between ACHPR and Member States in advancing human rights promotion and protection on our continent, especially through the PRC Sub-Committee on Human Rights, Democracy, and Governance (HRDG Subcommittee). The ACHPR has also briefed the HRDG Subcommittee as well as the AU Peace and Security Council and contributed to their deliberations. The ACHPR will benefit from a dedicated budget line by Member States to be able to convene in the minimum, similar retreats with Member States, once every two years. b) Pre-session State Forum 72. The ACHPR organized the 2nd Pre-Session Forum of States to the African Charter on Human and Peoples’ Rights in Banjul from 19 to 20 October 2025, ahead of its 85st Ordinary Session in line with EX.CL/1045(XXXIV) and EX.CL/1065(XXXV). The Pre session forum was attended by representatives from thirty (30) member states, and the ACHPR hereby uses this platform to encourage member states who have not done so, to participate in the next Pre session Forum. c) Building of the Commission’s headquarters 73. The process for constructing the Commission’s headquarters in The Gambia is underway, as per Executive Council Decision 1045. As previously reported, a foundation-laying ceremony was held at the designated site in October 2022, and the tile document was subsequently obtained in the name of the African Union and deposited with the AUC in 2024. The building design has also been finalized by engineers from both the AUC and the Host Government, however, construction has not yet begun due to unavailability of funding. The ACHPR leadership and its Secretariat continue to engage with the Host Government and AUC Leadership regarding the urgent need to commence construction of the Commission’s headquarters. The ACHPR hopes that the project will be completed before its 40th Anniversary in 2027. 74. In the meantime, the Host Government has proposed a temporary alternative office building with more office space to accommodate the Secretariat until the permanent headquarters are ready. Financial support from the Host Government will be required to finalize and equip this interim office. The status of the 43
permanent headquarters project will continue to feature regularly in the Commission’s activity reports to the AU Policy Organs, in line with previous directives. XVIII. CHALLENGES 75. Human resources remain a major challenge for the ACHPR in fulfilling its mandate. The current staffing levels leave the team overloaded and overworked, which negatively affects staff wellbeing. ACHPR continues to advocate for the adoption of a minimum staffing requirement, which has been objectively identified as 90 positions. The current structure provides for only 46 positions; therefore, 44 additional positions are required, after every effort at rationalization. 76. The shortage outlined above not only affects the Commission’s operations and staff wellbeing but has also attracted audit attention due to associated risks, such as inadequate segregation of duties and difficulties in ensuring compliance. Several AU Executive Council Decisions — including the above-stated — have emphasized the need for a comprehensive review of the Commission’s staffing structure and directed the PRC to expedite budget provisions to fill the 12 vacant and unfunded positions in the current structure. 77. Additionally, the Secretariat’s lack of a permanent headquarters undermines its access to adequate office and meeting facilities and increases operational costs for Sessions and other meetings. Despite being one of the oldest organs of the AU, ACHPR still does not have its own purpose-built office after more than 35 years of existence. External and internal audit reports, as well as security assessments, have all indicated that the building currently used as the Commission’s headquarters falls below AU standards and poses various risks. The Host Government is currently seeking financial support to fund the construction and requires the support of the AU. 78. Budget constraints also persist, with only 50.2% of the Commission’s projected required annual budget of USD 580,000 currently available from Member States. As a result, nearly half of ACHPR’s financial needs for the full and effective implementation of its mandate are unavailable. Although the AUC advised the resubmission of special budget requests to address this shortfall—particularly for key projects—there has been no response to date regarding the additional funding requests. 79. Furthermore, since the COVID-19 pandemic, the budget allocated for the Commission’s statutory sessions has not significantly improved, leaving the Commission without the necessary funds to hold in-person sessions. It was only through an approved supplementary budget and support from the Host Government that the Commission was able to convene its 85th Ordinary Session in-person, which would otherwise have been impossible. This challenge is 44
compounded by the absence of offers from other States Parties to host the Commission’s sessions. 80. Medical Facilities: In September 2025, the Banjul Commission lost one of its staff members while on mission. This incidence brought to fore again the persisting challenges for staff in accessing good medical care at the duty station. Related assessments and reports over time by the medical services and health directorate of the AU, are on record. The Commission therefore humbly requests that, like similar AU Organs and Regional Offices, it should be supported to have access to a dedicated medical facility within its Secretariat to handle medical emergencies and related health matters. XIX. DATES OF THE 86th AND 87th ORDINARY SESSIONS OF THE COMMISSION 81. The dates of the 86th and 87th Ordinary Sessions of the Commission will be announced in due course. ********************** 45

Created Mar 21, 2026 · Edited Jun 19, 2026